HomeMy WebLinkAbout08-03-2022 Final Agenda PacketMayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, AUGUST 03, 2022
NO ITEMS FOR CLOSED SESSION 7:00 PM OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR
Sandra Ibarra Robert D. Field
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK:
https://sbcity.tiny.us/publiccommentoptions
Please contact the City Clerk's Office (909) 3845002 two working days prior to the meeting
for any requests for reasonable accommodation to include interpreters.
To view PowerPoint presentations, written comments, or any revised documents for this
meeting date, select the link https://tinyurl.com/agendabackup080322
From the City's homepage www.sbcity.org select the Government category > City Clerk >
on the Navigation menu select Search for Records Online > Council Agendas >
Current Year 2022 > Meeting Date
Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor Pro-Tem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CITY MANAGER UPDATE
MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS
PRESENTATIONS
1.Resolution Celebrating the 50th Anniversary of the 1972 Civic Athletic Club
(CAC) Little League Baseball All Star Team
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
DISCUSSION
2.Cancel the September 7, 2022, Mayor and City Council Meeting
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the proposed amendment to the 2022 Mayor and City Council
Meeting Schedule canceling the September 7, 2022, Mayor and City Council Meeting.
3.Third Amendment to Exclusive Negotiating Agreement (ENA) – Carousel Mall
(Ward1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”)
between the City of San Bernardino and San Bernardino Development
Company, LLC and LPC West, Inc., for the development of Carousel Mall; and
2.Authorize the City Manager, or designee, to take any further actions and
execute any further documents as necessary to effectuate the agreements.
p. 13
p. 15
p. 19
Mayor and City Council of the City of San Bernardino Page 3
4. Adopt a Master Equity Lease Agreement for Light Duty Vehicles
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to enter into a Master Equity Lease
Agreement with Enterprise Fleet Management, Inc., for light-duty vehicles and
authorize the Agency Director of Administrative Services to issue a purchase order
in an amount not to exceed $1,200,000 to Enterprise Fleet Management.
PUBLIC HEARINGS
5.Public Hearing on Annexation No. 5 to Community Facilities District 20181
(Safety Services), (TR 20258), Adoption of Resolutions for Annexing into the
Community Facilities District (Ward 7)
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. 2022-161 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;
3.Hold a special landowner election and canvass the election;
4.Adopt Resolution No. 2022-162 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 3, 2022 annexation and special tax election.
6.Public Hearing on Annexation No. 18 to Community Facilities District 20191
(Ward 6)
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. 2022-163 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. 18);
3.Hold a special landowner election and canvass the election;
4.Adopt Resolution No. 2022-164 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. 18);
p. 68
p. 131
p. 159
Mayor and City Council of the City of San Bernardino Page 4
5.Introduce, read by title only, and waive further reading of Ordinance No. MC-1590
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 2022-2023 to pay annual costs of the maintenance and servicing of
landscaping, lighting, water quality improvements, graffiti, streets, street sweeping,
parks and trail maintenance, a reserve fund for capital replacement, and
administrative expenses with respect to City of San Bernardino Community Facilities
District No. 2019-1 (Maintenance Services); and
6.Schedule the final reading and adoption of Ordinance No MC-1590 for August 17,
2022.
7. Development Code Amendment 2203 (Accessory Dwelling Units) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Introduce, read by title only, and waive further reading of Ordinance No.
MC-1591 of the Mayor and City Council of the City of San Bernardino,
California, approving Development Code Amendment 22-03 amending
Section 19.04.030(2)(P)(6)(a)(i)
Specific ADU Requirements) of the City of San Bernardino Municipal Code
(Title 19) to increase the maximum size of a detached or attached Accessory
Dwelling Unit from 1,000 square feet to 1,200 square feet; and finding the
Ordinance is exempt under the California Environmental Quality Act
(Attachment 1) (Attachment 1); and
2.Schedule the adoption of the above Ordinance for the regularly scheduled
meeting of the Mayor and City Council on August 17, 2022.
8.Development Code Amendment 2204 (Alcoholic Beverage Sales
Locational Restrictions) (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1)Introduce, read by title only, and waive further reading of Ordinance No.
MC-1592 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 22-04 amending Section 19.06.030(2)(B)
Article II Section III(A) (Alcohol Beverage Sales – Locational Restrictions) and
Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales –
Permit Application) of the City of San Bernardino Municipal Code (Title 19) to
increase the locational restriction from 500 feet to 1,000 feet for new alcoholic
beverage sales activities from sensitive land uses; and finding the Ordinance is
exempt under the California Environmental Quality Act (Attachment 1) (Attachment
1); and
2)Schedule the adoption of the above Ordinance for the regularly scheduled meeting
of the Mayor and City Council on August 17, 2022.
p. 214
p. 235
Mayor and City Council of the City of San Bernardino Page 5
CONSENT CALENDAR
9.Amendment No. 1 to Owner Occupied Rehabilitation Program (OORP)
Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS)p. 258
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino
approve Amendment No. 1 to the Owner-Occupied Rehabilitation Program (OORP)
Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS)
10.Final Reading and Adoption of Ordinance MC1589 Warmington Homes Medical Center Drive Project p. 422Recommendation:
Adopt Ordinance No. MC-1589 approving Development Code Amendment (Zoning
Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel
(APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration
(Attachment 1).
11. Final Reading and Adoption of Ordinance MC1588 – Warmington Homes
Palm Avenue Project p. 430
Recommendation:
Adopt Ordinance No. MC-1588 approving Development Code Amendment (Zoning
Map Amendment) 21-07 changing the Zoning District Classification of five (5)
parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately
14.70 acres from Commercial General (CG-1) to Residential Medium (RM),
pursuant to a Mitigated Negative Declaration (Attachment 1).
12. Final Reading and Adoption of Ordinance No. MC1583 (Home Occupation
Permits) (All Wards) p. 439
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1583 adopting Development Code Amendment
22-01 amending Section 19.54.030 (Operating Standards) of the City of San
Bernardino Municipal Code (Title 19) to update the standards for home occupations
(Attachment 1).
13.Approval of Commercial and Payroll Disbursements (All Wards) p. 449
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for July 2022.
14.Investment Portfolio Report for June 2022 (All Wards)p. 490
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 2022.
Mayor and City Council of the City of San Bernardino Page 6
15.Resolutions Authorizing Fiscal Year 202223 Special Tax Levies for
Previously Formed Community Facilities Districts p. 502
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt the following resolutions:
1.Adopt Resolution No. 2022-165 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2022-23 to Pay the Annual Cost of Public Safety Services and Administrative
Expenses within Community Facilities District No. 2018-1 (Safety Services) of the
City of San Bernardino
2.Adopt Resolution No. 2022-166 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No 2018-2 (Verdemont
Ranch);
3.Adopt Resolution No. 2022- 167 of the Mayor and City Council of the City of
San Bernardino, California Levying Special Taxes to be Collected During Fiscal Year
2022-23 to Pay the Annual Cost of Maintenance Services and Administrative
Expenses within Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino;
4.Adopt Resolution No. 2022-168 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2020-1
(Rancho Palma) of the City of San Bernardino; and
5.Adopt Resolution No. 2022-169 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During Fiscal Year
2022-23 to pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2021-1
(Ferree Street) of the City of San Bernardino.
16.Amendment No. 2 to Agreement with California Computer Options, Inc. (All
Wards) p. 545
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize Amendment No. 2 to the Professional Service Agreement
with California Computer Options Inc., for information technology assistance in
the City’s migration to Office 365 and related server and other required upgrades.
17.Purchase of Patrol Vehicle Equipment p. 560
Recommendation:
Authorize the Finance Department to issue a purchase order to DuraTech USA for up
to
$185,000 for the purchase of patrol vehicle equipment.
Mayor and City Council of the City of San Bernardino Page 7
18.Final Reading and Adoption of Ordinance No. MC1582 (Ward 3) p. 600
Recommendation:
Adopt Ordinance No. MC-1582 of the Mayor and City Council of the City of San
Bernardino amending Ordinance No. MC-1522 and levying special taxes to be
collected during Fiscal Year 2022-2023 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).
19.Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 20191 (Maintenance Services): Annexation No. 22, Tax Zone No. 23 (1300
E Highland) (Ward 7) p. 610
Recommendation:
Adopt Resolution No. 2022-171 of the Mayor and City Council of the City of San
Bernardino 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. 22) and authorizing the levy of a special
taxes therein.
20.Establish a “No Parking 6 PM to 6 AM” Parking Restrictions on the Westside
of State Route 18 (SR18) Turnout South of Old Waterman Canyon Road p. 649
(Ward 4)
Recommendation:
Adopt Resolution No. 2022-172 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A
Resolution… Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion
Thereof…” to establish a “No Parking 6PM to 6AM” Parking Restriction on the
Westside of State Route 18 (SR-18) Turnout South of Old Waterman Canyon Road.
21.Construction Contract Award Pepper Avenue Street Improvement Project
(Ward 3, 6) p. 657
Recommendation:
Adopt Resolution No. 2022-173 of the Mayor and City Council of the City of San
Bernardino, California: 1. Approving the award of a construction contract with
Hillcrest Contracting, Inc., in the amount of $5,553,697 for the Pepper Avenue
street improvement project; and 2. Authorizing and directing the City Manager to
execute the Administrative Settlement Agreement regarding partial purchase of
795 N. Pepper Ave., San Bernardino, California: APN: 0142-344-24; and 3.
Authorizing the Agency Director of Administrative Services to issue a check for
$14,000 to satisfy the terms of the Administrative Settlement Agreement regarding
the partial purchase of 795 N. Pepper Ave., San Bernardino, California; and 4.
Authorizing construction, construction contingencies and inspection costs in the
total amount of $6,610,000 for the Pepper Avenue street improvement project; and 5.
Authorizing the City Manager or designee, to execute all documents for the
construction of the Pepper Avenue street improvement project with Hillcrest
Contracting, Inc.; and 6. Authorizing the City Manager or designee, to expend the
contingency fund, if necessary, to complete the project.
Mayor and City Council of the City of San Bernardino Page 8
22.Agreement with Inland Empire Landscape, Inc. for Landscape Maintenance at
City Street Medians, Islands, and LMDs (All Wards) p. 707
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Authorize the City Manager to execute a Maintenance Services Agreement with
Inland Empire, Inc., for landscape maintenance at all City medians and Landscape
Maintenance Districts (LMDs); and
2 Authorize the Agency Director of Administrative Services to appropriate funds in the
amount of $1,138,367.98 to the Public Works Operations and Maintenance Division
General Fund; and issue a purchase order in the amount of $1,138,367.98 for Fiscal
Year 2022/23; and
3 Adopt Resolution No. 2022-175 Authorizing the Agency Director of Administrative
Services to amend the FY 2022/23 General Fund Operating Budget revenue and
expenditure by $241,956 for landscape maintenance at City Street medians, islands,
and landscape maintenance districts (LMDs).
23.Amendment No. 2 to Agreement with Kabbara Engineering for Pepper
Avenue Rehabilitation Project (Wards 3, 6) p. 1086
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute all documents in support of
Amendment No. 2 to the Professional Engineering Services Agreement with Kabbara
Engineering for design services related to the Pepper Avenue rehabilitation from
Baseline Road to Mill Street.
24.Amendment No. 1 to Agreement with RHA Landscape Architects – Planners,
Inc. for Nicholson Park Design (Ward 6) p. 1111
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 1 to the Professional Design Service
Agreement with RHA Landscape Architects - Planners, Inc. adding extra design
services in the amount of
$197,250 and increasing the purchase order to a total amount not-to-exceed
$412,545 for the preliminary design of the Nicholson Park.
25.Final Reading and Adoption of Ordinance No. MC1587 - Annexation No. 23
(Ward 7) p. 1159
Recommendation:
Adopt Ordinance No. MC-1587 of the Mayor and City Council of the City of San
Bernardino amending Ordinance No. MC-1522 and levying special taxes to be
collected during Fiscal Year 2022-2023 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).
Mayor and City Council of the City of San Bernardino Page 9
26.Final Reading and Adoption of Ordinance MC1586 - Annexation No. 20
(Ward 7) p. 1169
Recommendation:
Adopt Ordinance MC-1586 of the Mayor and City Council of the City of San
Bernardino, California, amending Ordinance MC-1522 and levying special taxes to
be collected during Fiscal Year 2022-2023 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).
27.Resolution Approving Acceptance of Grant Funds From the Clean California
Local Grant Program (Ward 1) p. 1179
Recommendation:
Adopt Resolution No. 2022-174 of the Mayor and City Council of the City of San
Bernardino, California, approving acceptance of grant funds from the Clean
California Local Grant Program in the amount of $722,727, and authorizing a
budget amendment to reflect acceptance of the grant funds, and authorizing the
City Manager or designee to expend the funds and complete any contract
documents associated with the grant.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
28.Give the Chief Procurement Officer a dollar authorization of $50,000 and
increase City Manager’s signing authority to $100,000 (All Wards) – Council
Member Alexander p. 1188
29.Regulation of ShortTerm Residential Rentals (All Wards) – Council
Member Sanchez p. 1189
ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency will be held on
August 17, 2022 at the Feldheym Central Library located at 555 West 6th Street, San
Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session
will begin at 7:00 p.m.
Mayor and City Council of the City of San Bernardino Page 10
CERTIFICATION OF POSTING
AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby
certify that the agenda for the August 03, 2022 Regular Meeting of the Mayor and City
Council and the Mayor and City Council acting as the Successor Agency to the
Redevelopment Agency was posted on the City's bulletin board located at 201 North
"E" Street, San Bernardino, California, at the Feldheym Central Library located at 555
West 6th Street, San Bernardino, California, and on the City's website sbcity.org on
Friday, July 29, 2022.
I declare under the penalty of perjury that the foregoing is true and correct.
Mayor and City Council of the City of San Bernardino Page 11
NOTICE: Any member of the public may address this meeting of the Mayor and City Council and
the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on
any item appearing on the agenda by approaching the microphone in the Council Chamber when
the item about which the member desires to speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City
Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter
not on the agenda but which is within the subject matter jurisdiction of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment
Agency may address the body at the end of the meeting, during the period reserved for public
comments. Said total period for public comments shall not exceed 60 minutes, unless such time
limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the
Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each
member of the public, unless such time limit is extended by the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to "share" his/her three minutes with any other member
of the public.
Speakers who wish to present documents to the governing body may hand the documents to the
City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to
the Redevelopment A gency 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 12
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
1) Written comments can be emailed to publiccomments@sbcity.org. Written public
comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on
the agenda) will be provided to the Mayor and City council and made part of the meeting
record. They will not be read aloud unless you require an ADA accommodation.
Please note: messages submitted via email and this page are only monitored from the
publication of the final agenda until the deadline to submit public comments. Please contact the
City Clerk at 909-384-5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe.
2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting
Chair decides the cut-off time for public comment, and the time may vary per meeting. If
you wish to submit your speaker slip in advance of the meeting, please submit your
request to speak using the form on the following page:
https://sbcity.tiny.us/PublicCommentOptions.
3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not
be viewable on Zoom)
a) You can use a mobile phone or a landline to dial into a Zoom meeting.
i) Dial (669) 9006833. When prompted, enter the Meeting ID: 6778459453
Passcode:2021
The public may begin joining the meeting on Zoom or by calling-in to be added to the speaker
queue at 5:15 PM for Closed Session.
Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate
time:
ii) Dial *9 from your phone to raise your hand via Zoom
If calling in staff will confirm the last four digits of the caller's phone number and unmute
them, the caller must then press *6 to speak from their device. Callers are encouraged, but
not required, to identify themselves by name. Each caller will be provided three (3) minutes
to speak. If you are calling in, please turn your volume down on your television or other
devices to limit any feedback when you speak.
b) Join the Meeting by clicking on the Zoom link below:
https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09
Mayor and City Council of the City of San Bernardino Page 13
Meeting ID: 677 845 9453
Passcode:2021
You can also Go to Zoom.us and click "Join a Meeting" at the top.
Enter the Meeting ID: 6778459453
Passcode:2021
Public Hearings:
If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign
on when the Public Hearing is announced. You will be prompted by staff when the item is being
discussed.
Printed on 07/29/2022
PRESENTATIONS
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager
Department:Mayor's Office
Subject:Resolution Celebrating the 50th Anniversary of the 1972 Civic Athletic Club (CAC)
Little League Baseball All Star Team
Packet Pg.13
Resolution Celebrating the 50th Anniversary of the
1972 Civic Athletic Club (CAC)
Little League Baseball All Star Team
WHEREAS; July 2022 marks the historical 50th Anniversary of the 1972 Civic Athletic Club
Little League Baseball All Star Team, known as “CAC”. CAC made national headlines to win
the first and only California Little League State Championship from San Bernardino, CA; and
WHEREAS; CAC, Civic Athletic Club was from San Bernardino’s Sixth Ward. CAC, used to
practice and play at former Muscott Park, formerly surrounded by orange groves across the
street from San Bernardino Community Hospital.
WHEREAS; This All-Star team (which was made of players from teams with names like the Gas
Hogs, Cars, Missiles, Jets and Rockets) took San Bernardino on an incredible journey and
would go down in history for the Westside community. The 1972 Civic Athletic Club All-Star
team, CAC, was coached by Al Jury a renowned record setting National Football League
referee and icon of San Bernardino and Leonard (Sonny) Davis (deceased). No one could have
imagined this team would have united the City of San Bernardino the way that they did; and
WHEREAS; July 2022 marks the inaugural year of the Western Region Little Headquarters in
San Bernardino where CAC’s most memorable team was just two games away from earning a
spot to play in the Little League World Series in Williamsport, Pennsylvania. Unfortunately, CAC
lost to Hawaii in the semi-finals; and
WHEREAS; the summer of 1972 was a flash point for the sixth ward and the city of San
Bernardino. The entire community, as well as the city, was very proud of this group of young
men. The team makeup was comprised of the League President Mr. Felton Anderson and the
Vice President Mr. Bobby Caldwell (deceased). The Manager Mr. Al Jury and his Coach Mr.
Leonard Davis (deceased) and Juanita Louise Jury, Treasurer/Statistician. The team all-stars
included: Michael Adams, Paul Anderson, Harry (Teddy) Brown, Bobby Caldwell, Lynn Davis,
Gary Dawson, Gerald Jacks, John Jordan, Kevin McDowell, Kevin Mosley, Zachary Russ,
Ladell Taylor, Byron Wilhite (deceased), and William (Billy) Wilson
NOW THEREFORE BE IT RESOLVED; that the City of San Bernardino does hereby
congratulate the 1972 Civic Athletic Club (CAC) Little League Baseball All Star Team on their
50th anniversary. On this occasion, we honor and celebrate your unforgettable, amazing,
fantastic, victorious title and are forever grateful for your contributions to Little League Baseball.
Presented on this 20th day of July 2022
Packet Pg.14
4
8
2
DISCUSSION
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager
Department:City Manager's Office
Subject:Cancel the September 7, 2022, Mayor and City Council
Meeting
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the proposed amendment to the 2022 Mayor and City Council
Meeting Schedule canceling the September 7, 2022, Mayor and City Council Meeting.
Background
At the December 15, 2021, Mayor and City Council meeting, the 2022 Mayor and
City Council Meeting Schedule was approved with modifications (Attachment 1). The
modifications included canceling the following meetings due to how close they are to
City holidays.
Mayor and City Council Meeting Cancelations:
January 5, 2022
April 20, 2022
July 6, 2022
December 21, 2022
At the July 20, 2022, Mayor and City Council meeting, the City Council pre-approved
travel for the Mayor and City Council Members to attend a variety of professional
engagements including the upcoming League of California Cities Annual Conference
and Expo in Long Beach, CA, in September 2022.
Packet Pg.15
4
8
2
Discussion
As a result of Council action at the July 20, 2022, Mayor and City Council meeting, staff
recommend an amendment to the adopted 2022 Mayor and City Council Meeting
Schedule. The recommended amendment would cancel the regularly scheduled
meeting on Wednesday, September 7, 2022, and allow the City’s full participation at
the League of California Cities 2022 Annual Conference and Expo, which will take
place from September 7-9.
2021-2025 Key Strategic Targets and Goals
Amending the 2022 Mayor and City Council meeting schedule aligns with Key Target
No. 2c: Re-establish City as the Regional Leader/County Seat by providing an
opportunity for both staff and members of the City Council to be present all three days
of the conference to advocate for the City.
Fiscal Impact
There is no fiscal impact associated with amending the 2022 Mayor and City Council
meeting schedule.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the proposed amendment to the 2022 Mayor and City Council
Meeting Schedule canceling the September 7, 2022, Mayor and City Council Meeting.
Attachments
Attachment 1 – 2022 Mayor and City Council Meeting Schedule
Ward
All Wards
Synopsis of Previous Council Actions
December 15, 2021 Mayor and City Council adopted the 2022 Mayor and City
Council Meeting Schedule.
July 20, 2022 Mayor and City Council pre-approved travel for City Council
Members to attend the League of California Cities Annual
Conference and Expo in Long Beach, CA, in September 2022.
Packet Pg.16
2022 Regular City Council Meeting Schedule
Month
1st Wednesday
Meeting Date
2nd Wednesday
Meeting Date
January January 5, 2022:
Canceled
January 19, 2022
February February 2, 2022 February 16, 2022
March March 2, 2022 March 16, 2022
April April 6, 2022 April 20, 2022:
Canceled
May May 4, 2022 May 18, 2022
June June 1, 2022 June 15, 2022
July July 6, 2022:
Canceled
July 20, 2022
August August 3, 2022 August 17, 2022
September September 7, 2022:
Recommending cancellation
September 21, 2022
October October 5, 2022 October 19, 2022
November November 2, 2022 November 16, 2022
December December 7, 2022 December 21, 2022:
Canceled
Packet Pg.17
Packet Pg.18
6
5
0
DISCUSSION
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Nathan Freeman, Agency Director of Community, Housing,
and Economic Development
Department:Community & Economic Development (CED)
Subject:Third Amendment to Exclusive Negotiating Agreement
(ENA) – Carousel Mall (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”)
between the City of San Bernardino and San Bernardino Development
Company, LLC and LPC West, Inc., for the development of Carousel Mall; and
2. Authorize the City Manager, or designee, to take any further actions and
execute any further documents as necessary to effectuate the agreements.
Background
On January 27, 2021, staff conducted a workshop with the Mayor and the City Council.
This workshop was intended to allow the final two development teams, Renaissance
Downtown USA/ICO Real Estate Group, and SCG America, to present their concept
for the development of the Carousel Mall to the Mayor and City Council and the
community at large. The Mayor and City Council received 55 written comments and 76
recorded comments from the public that were heard during the workshop. No decision
was scheduled to be made at the workshop.
On March 3, 2021, staff presented the results of the Request for Proposal (RFP) and
provided the Mayor and City Council with several alternatives for their consideration.
Subsequent to Mayor and City Council discussion, the Council selected
Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred
development team for the Carousel Mall property. As a component of the selection, the
City Council requested that the majority of the deal points, terms and conditions be
Packet Pg.19
6
5
0
presented for consideration with six months, and that the City Council receive regular
updates on the progress of negotiations.
At the June 2, 2021 Mayor and City Council Meeting, staff provided an update on the
progress of the negotiations between the City and RDICO. The update included staff’s
perspective on the progress along with the March and April updates from RDICO.
At the June 16, 2021 Mayor and City Council Meeting, staff provided an update on the
progress of the negotiations between the City and RDICO. As a result of the update,
the City Council created a Council Committee to work with and participate in the
negotiation of the ENA.
At the August 18, 2021 Mayor and City Council Meeting, Resolution No. 2021-214 was
adopted, which authorized the City Manager to execute the ENA between the City of
San Bernardino and San Bernardino Development Company LLC (SBDC) also known
as RDICO for the Carousel Mall property.
On Mach 13, 2022, as allowed by Section 3(b) of the original ENA, the City and SBDC
entered into the First Amendment to the original ENA (Attachment 2), which extended
the term of the original ENA by 90 days or until June 13, 2022.
On June 10, 2022, again, as allowed by Section 3(b) of the original ENA, the City and
SBDC entered into the Second Amendment to the original ENA (Attachment 3), which
extended the term of the original ENA by another 90 days or until September 8, 2022.
On July 20, 2022, the City Council considered the proposed 3rd Amendment to the
ENA for the Carousel Mall and moved to continue the item to August 3, 2022, for further
discussion and review.
Discussion
The parties to the ENA, the City and SBDC, desire to enter this Third Amendment
(Attachment 4) to add LPC West, Inc. (also known as the Lincoln Property Company)
as a party to the original ENA and as the sole and exclusive developer for all purposes
under the original ENA, extend the term of the original ENA to September 12, 2023,
and update the original ENA’s Schedule of Performance (the Schedule of Performance
attached as Exhibit C to the Third Amendment shall supersede and replace Exhibit C
of the original ENA).
The Lincoln Property Company, with regional offices in Irvine and Los Angeles, is a
privately-owned real estate firm involved in real estate investment, development,
property management, and leasing worldwide. Lincoln’s cumulative development
efforts have produced over 130 million square feet of commercial space and over
212,000 multifamily residential units. The Lincoln Property Company is also the second
largest apartment manager in the United States.
Notable Southern California projects developed by the Lincoln Property Company
include the Flight at Tustin Legacy (Tustin), Runway at Playa Vista (Playa Vista), 10
Packet Pg.20
6
5
0
West (Pasadena), 8777 Washington Boulevard Office Development (Culver City), and
the Anaheim Regional Transportation Intermodal Center (Anaheim).
Lincoln’s participation in the Carousel mall redevelopment project is welcome given
their experience in successfully developing, financing, and delivering mixed-use
projects, across the country, of similar size and scope as the proposed Carousel mall
redevelopment project.
Moreover, the proposed extension of the original ENA to September 12, 2023, will
allow Lincoln, and staff, the necessary time to properly negotiate the ultimate
Disposition and Development Agreement (DDA) for the Carousel mall property. The
original ENA’s Schedule of Performance has been revised to reflect the proposed
extension of the original ENA.
Lastly, included within the Third Amendment is a caveat that, as long as Lincoln is
making good faith progress in the negotiation of the DDA and toward completion of the
Project milestones, the City and the Lincoln, by written agreement of both parties, may
extend the term and negotiation period for up to two additional periods of one hundred
eighty days each.
2021-2025 Strategic Targets and Goals
Approving the Amendment to the ENA aligns with Key Target No. 4: Economic Growth
and Development. Specifically, the redevelopment of the Carousel Mall will be a
catalyst for future growth and development within the entire community.
Fiscal Impact
No fiscal impact.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”) between
the City of San Bernardino and San Bernardino Development Company, LLC and LPC
West, Inc., for the development of Carousel Mall; and
2. Authorize the City Manager or designee to take any further actions and execute any
further documents as necessary to effectuate the agreements.
Attachments
Attachment 1 - Original ENA
Attachment 2 - First Amendment to ENA
Attachment 3 – Second Amendment to ENA
Attachment 4 - Third Amendment to ENA
Attachment 5 - Presentation
Ward: First Ward
Packet Pg.21
6
5
0
Synopsis of Previous Council Actions
March 3, 2021: Mayor and City Council selected Renaissance Downtown USA/ICO
Real Estate Group (RDICO) as the preferred development team for
the Carousel Mall property.
August 18, 2021: Mayor and City Council Meeting, Resolution No. 2021-214 was
adopted, which authorized the City Manager to execute the ENA
between the City of San Bernardino and San Bernardino Development Company
LLC also known as RDICO for the Carousel Mall property.
July 20, 2022: The City Council considered the proposed 3rd Amendment to the
ENA for the Carousel Mall and moved to continue the item to August 3, 2022.
Packet Pg.22
Packet Pg.23
Negotiation Period) attached to this Agreement as Exhibit `B" and which is incorporated into this
Agreement by this reference ("Project"); and
I The Parties agree that the exploration of a form based zoning code for the
development of the Project will lead to the greatest likelihood of successful development of the
Property. City and Developer will work together to develop such a code for the Property.
Developer will also be an actively involved stakeholder in the City lead development of a form
based zoning code as part of the Downtown Specific Plan currently being prepared by the City;
and
J The intent of both the City and the Developer in entering into this Agreement is to
establish a specific, limited period of time to negotiate regarding a future agreement between them
governing the potential acquisition of the Property and development of the Project on the Property,
all subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be
negotiated and documented in a future disposition and development agreement ("DDA") The
Parties agree and acknowledge that Developer may act as a Master Developer for the Property and,
as such, the Developer is not anticipated to develop the 43 acre site itself.
NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY
RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE
PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT,
THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS:
1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct
and are incorporated into this Agreement, in their entirety, by this reference.
2. Deposits.
a) Not later than three (3) business days following the Effective Date (as
defined below) of this Agreement, the Developer shall provide to the City a deposit in the amount
of One Hundred Thousand Dollars ($100,000) in immediately available funds ("Initial Deposit")
to ensure that the City and Developer will proceed diligently and in good faith to fulfill their
respective obligations under this Agreement during the Negotiation Period (as defined in Section
3(a)), and as part of the consideration for the City's agreement not to negotiate with other persons
during the Negotiation Period, and to defray certain costs of the City incurred on or after the
Effective Date in pursuing the contemplated negotiations with the Developer during the
Negotiation Period. The City shall provide Developer with a summary of costs charged against
the Initial Deposit (and, if applicable, the Extension Deposit) in sixty (60) day intervals after the
Effective Date. Said summaries of costs shall be for informational purposes only and the Parties
agree that the Deposit shall be used in the City's discretion in furtherance of the negotiations and
development of the Project. At the termination of this Agreement, any remaining funds shall, at
the Developer's option, either be applied to the purchase price or returned to the Developer within
thirty (30) days after request from Developer. Developer acknowledges that the Initial Deposit
shall be in addition to those fees and expenses required by the City for any permit, other required
entitlement or Project processing. A portion of the Initial Deposit in an amount equal to One
Hundred Dollars ($100) shall immediately become non-refundable upon Developer's transfer of the
5097426.1 - L853.1
55600.00808133977464.8
Packet Pg.24
Initial Deposit to the City under this Agreement as consideration for the City's agreement not to
negotiate with other persons during the Negotiation Period.
3. Term of Agreement.
a) - The rights and duties of the City and the Developer established by this
Agreement shall commence on the first date on which all of the following have occurred (the
Effective Date"): (1) execution of this Agreement by the authorized representative(s) of the
Developer and delivery of such executed Agreement to the City, (2) payment of the Initial Deposit
to the City by the Developer, in accordance with Section 2(a), (3) approval of this Agreement by
the City governing body and execution of this Agreement by the authorized representative(s) of
the City, and (4) delivery of such fully executed Agreement to the Developer, the exact date of
which shall be mutually agreed to by the Parties promptly after Developer's receipt of the fully
executed Agreement from the City as evidenced in writing signed by their respective authorized
representatives. The City shall deliver a fully executed counterpart original of this Agreement to
the Developer, within ten (10) calendar days following the City governing body's approval of this
Agreement, and the execution of this Agreement by the authorized representative(s) of the City.
This Agreement shall continue in effect for the period of One Hundred Eighty (180) consecutive
calendar days immediately following the Effective Date ("Negotiation Period"), subject to the
limitations of Sections 3(b). During the Negotiation Period, the Parties shall work collaboratively
in good faith to develop and agree upon a DDA.
b) The Parties, by written agreement of the Developer and the City Manager
of the City (the "City Manager"), may extend the Negotiating Period for up to two (2) additional
periods of ninety (90) days each. The term "Negotiating Period" as used herein shall include any
extensions of such Negotiating Period pursuant to this Section.
c) Upon each extension of the Negotiation Period, if any, the Developer shall
provide to the City an additional deposit of Fifty Thousand Dollars ($50,000) in immediately
available funds on the first day of any extension of the Negotiation Period (each, an "Extension
Deposit"). Each Extension Deposit is intended to ensure that the Parties will proceed diligently
and in good faith to fulfill the obligations under this Agreement during any extension of the
Negotiation Period, as part of the consideration for the City's agreement not to negotiate with other
persons during any such extension of the Negotiation Period, and to defray certain costs of the
City. Notwithstanding the immediately preceding sentence or any other part of this Agreement,
in no event shall the Negotiation Period exceed Three Hundred Sixty (360) consecutive calendar
days from the Effective Date.
d) This Agreement shall automatically expire and be of no further force or
effect at the end of the Negotiation Period (as the same may be extended). Notwithstanding the
foregoing, if before this Agreement expires, both the City and the Developer approve and execute
a DDA acceptable to both the City and the Developer, in their respective sole and absolute
discretion, then this Agreement will terminate on the effective date of such DDA.
e) If during the term of this Agreement the City receives a Notice of Violation
NOV") or similar communication of non-compliance with the provisions of the SLA from the
California Department of Housing and Community Development ("HCD") related to compliance
5097426.1 - L853.1
55600.00808133977464.8
Packet Pg.25
with the SLA, the City shall return the Initial Deposit to the Developer and the term of this
Agreement shall be tolled until: the date of the NOV determines the City has complied with the
terms of the SLA, at which point the Developer shall immediately return the Initial Deposit to the
City. If the SLA issues are resolved to the City and Developer's reasonable satisfaction then the
term of this Agreement shall recommence and the number of days that the Agreement was tolled
shall be extended to the Initial Term.
4. Obligations of Developer. During the Negotiation Period, and pursuant to the
attached Milestone Schedule (Exhibit C) in furtherance of the creation of a DDA, Developer shall
proceed diligently and in good faith to develop and present to City staff and, subsequently, to the
City governing body, for review, of the following:
a) A proposed complete conceptual development plan for the Project on the
Property that describes and depicts: (1) the location and placement of proposed buildings and (2)
the architecture and elevations of the proposed buildings;
b) Proposed zoning change or changes to the City's General Plan, if any,
necessary to accommodate the Project on the Property, including working with the City's planning
consultants on a form based development zoning code specific to the Property and participating as
a stakeholder in the development of the overall downtown specific plan development;
c) A list of potential users or tenants for the Property, as developed with the
Project;
d) A proposed time schedule and cost estimates for the development of the
Project on the Property;
e) A proposed financing plan identifying financing sources for all private and
public improvements proposed for the Project; and
f) A preliminary financial analysis demonstrating the costs and benefits to the
City regarding all construction, maintenance and operations of all proposed public improvements,
the costs of additional or increased levels of public services and any new public revenues
anticipated to be generated by the Project.
g) During the Negotiation Period, Developer shall not make or commit to
making any political contributions to the City's legislative governing body.
5. Negotiation of DDA.
a) During the Negotiation Period, each of the City and Developer shall proceed
to work diligently and in good faith to negotiate a DDA between them. The City and Developer
shall generally cooperate with each other, including, without limitation, making themselves
available to meet and discuss the Project and any other matters pertaining to the development of
the Property such as evaluating existing municipal infrastructure and water facilities to facilitate
future development and supply such available documents and information as may be reasonably
requested by the other to facilitate the conduct of the negotiations.
5097426.1 -- L853.1
55600.00809\33977464.8
Packet Pg.26
b) Both the City and Developer shall exercise commercially reasonable efforts
to complete discussions relating to the terms and conditions of a DDA and such other matters, as
may be mutually acceptable to both the City and Developer, in their respective sole discretion. The
exact terms and conditions of a DDA, if any, shall be determined during the course of these
negotiations. Nothing in this Agreement shall.be interpreted or construed to be a representation or
agreement by either the City or Developer that a mutually acceptable DDA will be produced from
negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on
either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be
interpreted or construed to be a guaranty, warranty or representation that any proposed DDA that
may be negotiated by City staff and Developer will be approved by the City governing body.
Developer acknowledges and agrees that the City's consideration of any DDA is subject to the
sole and absolute discretion of the City governing body and all legally required public hearings,
public meetings, notices, factual findings and other determinations required by law.
c) The City and Developer shall meet during the Negotiation Period to discuss
appropriate development issues including approaches to appraising the Property for purposes of
setting the fair market value price of the Property.
6. Restrictions Against Change in Ownership, Management and Control of
Developer and Assignment of Agreement.
a) The qualifications and identity of Developer and its principals are of
particular concern to the City. It is because of these qualifications and identity that the City has
entered into this Agreement with Developer. During the Negotiation Period, no voluntary or
involuntary successor -in -interest of Developer shall acquire any rights or powers under this
Agreement, except as provided in Section 6(c).
b) Developer shall promptly notify the City in writing of any and all changes
whatsoever in the identity of the business entities or individuals either comprising or in Control
as defined in Section 6(d)) of Developer, as well as any and all changes in the interest or the
degree of Control of Developer by any such person, of which information Developer or any of its
shareholders, partners, members, directors, managers or officers are notified or may otherwise
have knowledge or information. Upon the occurrence of any significant or material change,
whether voluntary or involuntary, in ownership, management or Control of Developer (other than
such changes occasioned by the death or incapacity of any individual) that has not been approved
by the City, which approval shall not be unreasonably withheld, prior to the time of such change,
the City may terminate this Agreement, without liability to Developer or any other person and
refund any remaining deposit funds provided by Developer to the pursuant to Section 2(a), above,
by sending written notice of termination to the Developer, referencing this Section 6(b).
c) Developer may assign its rights under this Agreement to an Affiliate (as
defined in Section 6(d)), on the condition that such Affiliate expressly assumes all of the
obligations of Developer under this Agreement in a writing reasonably satisfactory to the City, and
further provided that Developer shall at all times, control any such Affiliate and be responsible
and obligated directly to the City for performance of the Developer's obligations under this
Agreement.
5097426.1 - L853.1
55600.00808133977464.8
Packet Pg.27
d) For the purposes of this Agreement, the term "Affiliate" means any person,
directly or indirectly, controlling or controlled by or under common control with the Developer,
whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the
purposes of this Agreement, "Control" means possession, directly or indirectly, of the power to
direct or cause the direction of the management and policies of an entity, whether by ownership of
equity interests, by contract, or otherwise.
e) Notwithstanding the provisions of this Section 6, Developer shall have the
right to bring in one or more participating developers, subject to the City's approval, which shall
not be unreasonably withheld, conditioned or delayed; provided that Developer maintains a
controlling interest in the Project.
7. Obligations to Review Draft Agreements and Attend Meetings.
a) During the Negotiation Period, the Parties shall establish a schedule for in
person/virtual meetings as may be necessary to meet the deadlines for preparing and executing a
DDA within the Negotiation Period. Each Party shall diligently review and promptly comment on
draft versions of a DDA provided by the other Party and, if the terms and conditions of such a DDA
are agreed upon between City staff and Developer, Developer shall submit the DDA fully executed
by the authorized representative(s) of Developer to the City Manager for submission to the City
governing body for consideration. Any future DDA shall consist of terms and conditions acceptable
to both Developer and the City governing body, in their respective sole and absolute discretion.
b) During the Negotiation Period, Developer shall also keep City staff advised
on the progress of the Developer in performing its obligations under this Agreement, on a regular
basis, but no less than monthly, or as requested by City staff, including, without limitation, having
one or more of Developer's employees or consultants who are knowledgeable regarding this
Agreement, the design and planning of the Project and the progress of negotiation of a DDA, such
that such person(s) can meaningfully respond to City and/or City staff questions regarding the
progress of the design and planning of the Project or the negotiation of a DDA, attend both: (1)
periodic meetings with City staff, as reasonably scheduled and requested by City staff during the
Negotiation Period, and (2) meetings of the City governing body, when reasonably requested to
do so by City staff.
c) The Parties agree that keeping the public informed of the progress being
made on the Project is important to the overall success of the Project. In furtherance of the above:
i) Developer shall provide City staff with biweekly reports
summarizing Developer's activities in relation to the Project which staff will share with the
Council and, when appropriate disseminate to the public through the media or social media outlets,
and place on the City's webpage dedicated to the Downtown Specific Plan project.
ii) City shall keep Developer reasonably and timely advised of
pertinent developments affecting the Project.
iii) The Parties agree that public presentations will be made jointly or if
individually then with the knowledge of the other Party.
5097426.1 -- L853.1
55600.00808\33 977464.8
Packet Pg.28
8. Developer to Pay All Costs and Expenses. All fees or expenses of engineers,
architects, financial consultants, legal, planning or other consultants or contractors, retained by
Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review,
planning and/or design activities, drawings, specifications or other activity or matter relating to the
Property or the Project or negotiation of a DDA that may be undertaken by Developer during the
Negotiation Period, pursuant to or in reliance upon this Agreement or in Developer's discretion,
regarding any matter relating to a DDA, the Property or the Project, shall be the sole responsibility
of and undertaken at the sole cost and expense of Developer and no such activity or matter shall
be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City.
Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or
other security associated with the submission to and processing by the City of any and all
applications and other documents and information to be submitted to the City by Developer
pursuant to this Agreement or otherwise associated with the Project. The City shall not be obligated
to pay or reimburse any expenses, fees, charges or costs incurred by Developer in pursuit of any
study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or
design activities, drawings, specifications or other activity or matter relating to the Property or the
Project or negotiation of a DDA that may be undertaken by Developer during the Negotiation
Period, whether or not this Agreement is, eventually, terminated or extended or a DDA is entered
into between the City and Developer, in the future.
9. City Not To Negotiate With Others. During the Negotiation Period, the City and
City staff shall not negotiate with any other person regarding the sale or redevelopment of the
Property. The term "negotiate," as used in this Agreement, means and refers to engaging in any
discussions with a person other than Developer, regardless of how initiated, with respect to the
availability of the Property or that person's redevelopment of the Property, without Developer's
prior written consent. Developer acknowledges that City may receive and retain unsolicited offers
regarding redevelopment of the Property, but the City shall not entertain any offer or negotiate
with the proponent of any such offer during the Negotiation Period; provided, however, that the
City shall notify such proponent that it is a party to this Agreement and, provided, further, that the
City shall disclose and promptly provide to Developer copies of any such unsolicited offers.
Developer acknowledges that the City is a public agency and subject to the provisions of the
California Public Records Act, Government Code Section 6254, et. seq. (the "Act"). The City shall
inform Developer of any request for information received pursuant to the Act and shall not disclose
any financial or other information marked or otherwise designated as confidential without first
notifying Developer and providing Developer with reasonable notice of the request. If Developer
believes the information requested is confidential, Developer may pursue a court order preventing
the release of the requested information, and the City shall refrain from disclosing the information
pending the court's determination. In such case, Developer shall defend, indemnify and hold the
City, its officers, officials, agents, and employees harmless from and against any and all liability,
loss, expense (including reasonable attorneys' fees), or claims for injury or damages, whether
actual, alleged, or threatened, arising out of or in any way attributable to a request related to or a
claim under the Act.
14. Acknowledgments and Reservations.
a) Except as otherwise provided in this Agreement, the City and Developer
agree that, if this Agreement expires or is terminated for any reason, or a future DDA is not
5097426.1 -- LS53.1
55600.00808\33977464.8
Packet Pg.29
approved and executed by both the City and Developer, for any reason, neither the City nor
Developer shall be under any obligation, nor have any liability to each other or any other person
regarding the sale or other disposition of the Property or the redevelopment of the Project or the
Property; provided, however, that in the event this Agreement terminates, the City shall return to
Developer within ten (10) business days of such termination (i) any and all deposits due to be
refunded pursuant to Section 2 of this Agreement.
b) Developer acknowledges and agrees that no provision of this Agreement
shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal
from Developer for the City to convey any estate or interest in the Property to Developer or for the
City to provide any financial or other assistance to Developer for redevelopment of the Project or
the Property.
c) Developer acknowledges and agrees that Developer has not acquired, nor
will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or
personal property from the City.
d) Certain development standards and design controls for the Project may be
established between Developer and the City, but it is understood and agreed between the City and
Developer that the Project and the redevelopment of the Property must conform to all City and
other applicable governmental development, land use and architectural regulations and standards,
except as may otherwise be provided in the DDA. Drawings, plans and specifications for the
Project shall be subject to the approval of the City through the standard development application
process for projects of this nature. Nothing in this Agreement shall be considered approval of any
plans or specifications for the Project or of the Project itself by the City.
e) The City reserves the right to reasonably obtain further available
information and data to ascertain the ability and capacity of the Developer to acquire or lease,
develop and operate the Property and/or the Project. The Developer acknowledges that it may be
requested to make certain financial disclosures to the City, its staff, legal counsel or other
consultants, as part of the financial due diligence investigations of the City relating to the potential
sale of the Property and redevelopment of the Project on the Property by the Developer and that
any such disclosures may become public records. The City shall maintain the confidentiality of
financial information of the Developer to the extent allowed by law, as determined by the City
Attorney. If, however, any individual for privacy reasons chooses not to furnish any personal
financial information, then the City shall rely solely on the financial disclosures provided by
Developer. If an individual fails to provide the requested personal financial information the City
may accept or reject, with explanation, the financial disclosure provided by Developer.
f) Any information, drawings, designs, plans, specifications, studies, reports,
sketches, conceptual plans, development plans and financing plans relating to the Project
collectively, the "Information") prepared for and/or developed by Developer and furnished to the
City, excluding any matters of public record or matters generally known to the public, shall be
treated by the City as a trade secret and/or proprietary and confidential and, except as may be
required by law, will not be disclosed by the City to anyone other than on a need -to -know basis
and to the City's consultants and attorneys who agree to maintain the confidentiality of the
5097426.1-- LB53.1
55600.00808\33977464.8
Packet Pg.30
Information. Developer shall be the owner of and possess all intellectual property rights to the
Information.
11. Nondiscrimination. Developer shall not discriminate against nor segregate any
person, or group ofpersons on account of race, color, creed, religion, sex, marital status, handicap,
national origin or ancestry in undertaking its obligations under this Agreement.
12. Limitation on Damages and Remedies.
THE DEVELOPER AND THE CITY ACKNOWLEDGE THAT IT IS
EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF
DAMAGES THAT WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF
THIS AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT UNSUCCESSFUL
ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD
SUFFER UPON THE BREACH OF THIS AGREEMENT BY THE CITY, THE DEVELOPER
AND THE CITY AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S
DAMAGES IN SUCH EVENT IS ONE HUNDRED THOUSAND DOLLARS ($100,000) (THE
LIQUIDATED DAMAGES AMOUNT"). THEREFORE, UPON THE BREACH OF THIS
AGREEMENT BY THE CITY, THE CITY SHALL PAY THE LIQUIDATED DAMAGES
AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL TERMINATE.
RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE DEVELOPER'S
SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS
AGREEMENT BY THE CITY.
Initials of Authorized Initials of Authorized
Representative of City Representative of Developer
a) THE CITY AND THE DEVELOPER EACH ACKNOWLEDGE AND
AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT
WERE TO BE LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES,
MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS
AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT.
ACCORDINGLY, THE CITY AND THE DEVELOPER AGREE THAT THE DEVELOPER'S
SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS
AGREEMENT BY THE CITY IS TO TERMINATE THIS AGREEMENT AND RECEIVE THE
LIQUIDATED DAMAGES AMOUNT.
b) THE CITY AND THE DEVELOPER EACH FURTHER
ACKNOWLEDGE AND AGREE THAT THE DEVELOPER WOULD NOT HAVE ENTERED
INTO THIS AGREEMENT, IF IT WERE TO BE LIABLE TO THE CITY FOR ANY
MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN
TERMINATION OF THIS AGREEMENT AND PAYMENT OF PROVABLE ACTUAL
DAMAGES UP TO AND NOT TO EXCEED THE AMOUNT OF ONE HUNDRED
THOUSAND DOLLARS ($100,000). ACCORDINGLY, THE CITY AND THE DEVELOPER
AGREE THAT THE CITY'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE
BREACH OF THIS AGREEMENT BY THE DEVELOPER IS TO TERMINATE THIS
AGREEMENT AND RECEIVE PAYMENT OF PROVABLE ACTUAL DAMAGES UP TO
5097426.1 - L853.1
55600.00808\33977464.8
Packet Pg.31
AND NOT TO EXCEED THE AMOUNT ONE HUNDRED THOUSAND DOLLARS
100,000).
c) EACH OF THE CITY AND THE DEVELOPER ACKNOWLEDGES
THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL
CODE SECTION 1542, WHICH PROVIDES:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER
FAVOR AT THE TIME OF EXECUTING THE RELEASE AND, THAT IF KNOWN BY HIM
OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.
d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT
IS THE INTENTION OF THE PARTIES TO BE BOUND BY THE LIMITATION ON
DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND
PARTY HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE OTHER PARTY
FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR
EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT
WITH RESPECT TO THE DEVELOPER RECEIPT OF THE LIQUIDATED DAMAGES
AMOUNT, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR
UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THE
TERMINATION OF THIS AGREEMENT, AND WITH RESPECT TO THE CITY RECEIPT
OF PROVABLE ACTUAL DAMAGES UP TO AND NOT TO EXCEED ONE HUNDRED
THOUSAND DOLLARS ($100,000), WHETHER OR NOT ANY SUCH RELEASED CLAIMS
WERE KNOWN OR UNKNOWN TO THE CITY AS OF THE EFFECTIVE DATE OF THE
TERMINATION OF THIS AGREEMENT. EACH OF THE CITY AND THE DEVELOPER
SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542
AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR
FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES
AND REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES
CONTAINED IN THIS SECTION 12.
Initials of Authorized
Representative of City
13. Default.
0
Initials of Authorized
Representative of Developer
a) Failure or delay by either Party to perform any material term or provision
of this Agreement shall constitute a default under this Agreement. If the Party who receives notice
of a default from the other Party cures, corrects or remedies the alleged default within fifteen (15)
calendar days after receipt of written notice by the other Party specifying such default, such Party
shall not be in default under this Agreement. In such cases where more than fifteen (15) calendar
days are reasonably required to cure said default the defaulting Party shall commence the cure
within fifteen (15) calendar days and diligently pursue the cure. Any monetary default shall be
cured within the fifteen (15) calendar day cure period. Notwithstanding, anything contrary in this
Agreement, under all circumstances, each Party shall exercise good faith and commercially
5097426.1 - L853.1
55600.00808\33977464.8
Packet Pg.32
reasonable efforts to cure, correct or remedy any default, time being of the essence. If there are
less than fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant
to this Section 13(a) shall be automatically reduced to the number of days remaining in the
Negotiation Period.
b) The Party claiming that a default has occurred shall give written notice of
default to the Party claimed to be in default, specifying the alleged default. Delay in giving such
notice shall not constitute a waiver of any default nor shall it change the time of default. However,
the injured Party shall have no right to exercise any remedy for a default under this Agreement,
without first delivering written notice of the default and allowing the applicable period to cure any
such default as set forth in Section 13(a).
c) Any failure or delay by a Party in asserting any of its rights or remedies as
to any default shall not operate as a waiver of any default or of any rights or remedies associated
with a default.
d) Subject to Section 13(a), if a default of either Party remains uncured for
more than fifteen (15) calendar days following receipt of written notice of such default, a "breach"
of this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a
breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall be
to terminate this Agreement by serving written notice of termination on the Party in breach and
the non -defaulting Party shall also be entitled to receive the damages as provided for in Section
12.
14. Compliance with Law. Developer acknowledges that any future DDA, if approved
by the governing body of the City, will require Developer (among other things) to carry out the
development of the Project in conformity with all applicable laws, including all applicable
building, planning and zoning laws, environmental laws, safety laws and federal and state labor
and wage laws.
15. Press Releases. The Developer agrees to obtain the approval of the City Manager
or his or her designee or successor in function of any press releases Developer may propose relating
to the lease or redevelopment of the Property or negotiation of a DDA with the City, prior to
publication. The rights and obligations in this provision shall not apply to leasing and marketing
brochures and/or information distributed by email or placed online on a brokerage website or real
estate website such as LoopNet.com.
16. Notice. All notices required under this Agreement shall be presented in person, by
nationally recognized overnight delivery service or by facsimile and confirmed by first class
certified or registered United States Mail, with return receipt requested, to the address and/or fax
number for the Party set forth in this Section 16. Notice shall be deemed confirmed by United
States Mail effective the third (3rd) business day after deposit with the United States Postal
Service. The Party tendering notice shall maintain proof of delivery and provide such proof if
requested by the other Party. Notice by personal service or nationally recognized overnight
delivery service shall be effective upon delivery. Either Party may change its address for receipt
of notices by notifying the other Party in writing. Delivery of notices to courtesy copy recipients
shall not be required for valid notice to a Party:
5097426.1 -- L853.1
55600.00808\33977464.8
Packet Pg.33
TO DEVELOPER: San Bernardino Development Company
LLC
ATTN: Ran Torkan
4221 Wilshire Boulevard, Suite 380
Los Angeles, CA 90010
Telephone: 323.932.7777
Email: jtorkan@icoreg.com
COPY TO: Renaissance Downtowns USA LLC
ATTN: Donald Monti
410 Jericho Turnpike, Suite 202
Jericho, NY 11753
Telephone: 516.457.7545
Email:
dmonti@renaissancedowntownsusa.com
Ernesto Hidalgo
1050 W. Alameda Ave., 4501
Burbank, CA 91506
Telephone: 818.454.8762
Email:
ehidalgo@renaissancedowntownsusa.com
AlvaradoSmith, APC
633 W. 5t' Street, Suite 900
Los Angeles, CA 90071
Attn: Raul F. Salinas
Attn: Jerry J. Ruiz
Email: rsalinas@alvamdosmith.com and
jruiz@alvamdosmith.com
TO CITY Robert D. Field
City Manager
City of San Bernardino
290 North "D" Street
San Bernardino, California 92401
Office: 909.384.5122 1 Fax: 909.384.5138
Field—Ro@sbcity.org
COPY TO: Michael A. Huntley
Director of Community and Economic Development
City of San Bernardino
290 North "D" Street
San Bernardino, CA 92401
Office: 909-3 84-5357
Huntle±
5097426.1 - L853.1
55600.00808\33977464.8
Packet Pg.34
Sonia Carvalho
City Attorney
City of San Bernardino
18101 Von Karman Ave
Suite 1000
Irvine, CA 92612
Office: (949) 263-2600
Fax: (949) 260-0972
17. Warranty Against Payment of Consideration for Agreement. Developer
warrants that it has not paid or given, and will not pay or give, any third party any money or other
consideration for obtaining this Agreement. Third parties, for the purposes of this Section 17, shall
not include persons to whom fees are paid for professional services, if rendered by attorneys,
financial consultants, accountants, engineers, architects, brokers, marketing and public relations
consultants and other consultants, when such fees and services are considered necessary by
Developer.
18. Acceptance of Agreement by Developer. Developer shall acknowledge its
acceptance of this Agreement by delivering to the City three (3) original counterpart executed
copies of this Agreement signed by the authorized representative(s) of Developer.
19. Counterpart Originals. This Agreement may be executed by the City and
Developer in multiple counterpart originals, all of which together shall constitute a single
agreement.
20. No Third -Party Beneficiaries. Nothing in this Agreement is intended to benefit
any person or entity other than the City or Developer.
21. Governing Law. The City and Developer acknowledge and agree that this
Agreement was negotiated, entered into and is to be fully performed in the City of San Bernardino,
California. -The City and Developer agree that this Agreement shall be governed by, interpreted
under, and construed and enforced in accordance with the laws of the State of California, without
application of such laws' conflicts of laws principles. The venue for any such action shall be San
Bernardino County.
22. Waivers. No waiver of any breach of any term or condition contained in this
Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or
condition, or of any other term or condition contained in this Agreement. No extension of the time
for performance of any obligation or act, no waiver of any term or condition of this Agreement,
nor any modification of this Agreement shall be enforceable against the City or the Developer,
unless made in writing and executed by both the City and the Developer.
23. Construction. Headings at the beginning of each section and sub -section of this
Agreement are solely for the convenience of reference of the City and Developer and are not a part
of this Agreement. Whenever required by the context of this Agreement, the singular shall include
the plural and the masculine shall include the feminine and vice versa. This Agreement shall not
5097426.1-1.853.1
55600.00808\33 977464.8
Packet Pg.35
be construed as if it had been prepared by one or the other of the City or Developer, but rather as
if both the City and Developer prepared this Agreement. Unless otherwise indicated, all references
to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this
Agreement and incorporated into this Agreement by this reference. If the date on which the City
or Developer is required to take any action pursuant to the terms of this Agreement is not a business
day of the City, the action shall be taken on the next succeeding business day of the City.
24. Attorneys' Fees. If either Party hereto files any action or brings any action or
proceeding against the other arising out of this Agreement, then the prevailing Party shall be
entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys'
fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought
to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees"
mean and include, in the case of either Party, salaries and expenses of the lawyers working for or
employed by such Party (allocated on an hourly basis) to the extent they provide legal services to
such Party in connection with the representation of that Party in any such matter.
Signatures on following page]
5097426.1 -- L853.1
55600.00808\33977464.8
Packet Pg.36
THE CITY OF SAN BERNARDINO
EXCLUSIVE NEGOTIATION AGREEMENT
Carousel Mall)
IN WITNESS WHEREOF, the City and the Developer have executed this Negotiation
Agreement on the dates indicated next to each of the signatures of their authorized representatives,
as appear below.
DEVELOPER:
SAN BERNARDINO DEVELOPMENT
COMPANY, LLC
Dated: 8/11/2021 By: T>&91a"N&M4Z-
Its: Authorized Representative
CITY:
THE CITY AN B RDINO
By:
ATTES
By: ZL'4
City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER, LLP
13
City Attorney
5097426.1 - L853.1
55600.00808133977464.8
Packet Pg.37
EXHIBIT "A"
TO
NEGOTIATION AGREEMENT
Property Le, --al Descri: tion
5097426.1 -- L853.1
55600.00808\33977464.8
Packet Pg.38
Exhibit "A"
Legal Description
All that certain Real Property situated in the City of San Bernardino, County of San Bernardino, State of
California, described as follows:
Parcels 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20 of Parcel Map No. 688, in the City of San
Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 25, Pages 47
through 58, inclusive, of Parcel Maps in the Office of the County Recorder of said County.
Along with those certain easements created by, or arising out of, that certain instrument entitled
Declaration of Restrictions, Construction, Operation, Restriction and Easement Agreement" dated as of
December 24, 1970, executed by the Redevelopment Agency of the City of San Bernardino, a public
body corporate and politic, John S. Griffith & Co., a corporation, and Curci-Turner Co., a partnership,
Joint Venturers under the name and style of Central City Company, J.C. Penney Company, Inc., a
corporation, Monwar Property Corporation, a corporation, The Harris Company, a corporation, City of
San Bernardino, California, a municipal corporation, Upham Development Company, a Texas limited
partnership, and Connecticut General Mortgage and Realty Investments, a Massachusetts business trust,
which instrument was recorded on December 24, 1970, in Book 7580, Page 280, Official Records of San
Bernardino, California, including rights of pedestrian and vehicular ingress, egress and access, as said
easements are more particularly described therein.
APNs: 0134-181-28 0134-231-27
0134-201-25 0134-231-28
0134-211-34 0134-231-29
0134-211-36 0134-231-31
0134-211-38 0134-291-11
0134-221-43 0134-301-20
0134-221-45 0134-301-22
Packet Pg.39
5097426.1 -- L853.1
55600.00808\33977464.8
Packet Pg.40
EXHIBIT "B"
WC
NEGOTIATION AGREEMENT
Conceptual Site Plan
r
a
sr
rIre
ay
0 ,, _
5
5097426.1 -- L853.1
55600. 00908\33977464.8
Packet Pg.41
EXHIBIT "C"
TO
NEGOTIATION AGREEMENT
Schedule of Performance
Within 15 Days of Effective Date ( , 2021) of ENA
Deal Term Memo
Developer shall submit a list of deal terms for discussion which shall be utilized in the
City's preparation of the first draft of the DDA.
Within 30 days of Effective Date (_, 2021) of ENA
DDA Negotiation Sessions Developer and City shall hold the first meeting to negotiate the DDA and establish ameetingscheduleforthenegotiationoftheDDA..
Within 90 Days of Effective Date ( , 2021) of ENA
Project Development A proposed time schedule and cost estimates for the development of the Project on
Schedule and Cost the Property
Estimate
Full Project Submittal Submit a proposed complete conceptual development plan for the Project on the
Property that describes and depicts: (1) the location and placement of proposed
buildings and (2) the architecture and elevations of the proposed buildings.
Within 120 Days of Effective Date ( ) of ENA
Submit proposed zoning change parameters or changes to the City's General Plan, as
Zoning/FBC it relates to the development of the Property and the Specific Plan for the
redevelopment of the City's Downtown Core Area, if any, necessary to accommodate
the Project on the Property, including recommendations for a form based
development zoning code specific to the Property
Tenant/Development Provide staff with a list of potential users/tenants for the Property and development
Partners partners or merchant builders for the development of the Property.
Proforma and
Development Schedule
Fiscal Impact/Benefit
Analysis
Submit proforma and preliminary development schedule including a proposed
financing plan identifying financing sources for all private and public improvements
proposed for the Project.
Developer shall submit a preliminary financial analysis demonstrating the costs and
benefits to the City for all construction, maintenance and operations of all proposed
public improvements, the costs of additional or increased levels of public services an
any new public revenues anticipated to be generated by the Project
Development Partners Submit letter(s) identifying investment partners.
and Structure
5097426.1 -- L853.1
55600.00808\33977464.8
Packet Pg.42
Submit letter(s) of interest ("LOI") identifying lenders and proof of ability to obtain
Funding Partners and financing for what is to be developed on the Property under a revised Form Based
Structure Zoning Code..
Within 150 Days of Effective Date (_) of ENA
Draft DDA I Complete negotiations and draft Disposition and Development Agreement.
Final Revisions I Finalize revisions to development proposal and all relevant materials
City Council Hearing
5097426.1 -- L853.1
55600.00808\33977464.8
Within 180 Days of Effective Date (_) of ENA
Present development proposal and DDA to Council for final review and approval
Packet Pg.43
MANAGER'S CERTIFICATE
SAN BERNARDINO DEVELOPMENT COMPANY LLC)
The undersigned, DONALD MONTI. in his capacity as Manager of San Bernardino
Development Company LLC, a California limited liability company ("Company"), solely in such
capacity, hereby certifies to the City of San Bernardino that:
1. Attached hereto as Exhibit A is a true, correct and complete copy of the Certified
Copy of the Articles of Organization of the Company, filed with the California Secretary of State on
April 27, 2021, Entity (File) Number 202111710716, which Articles of Organization have not been
amended or modified and are in full force and effect as of the date hereof.
2. Attached hereto as Exhibit B is a true, correct and complete copy of Schedule I to the
Operating Agreement of the Company that lists the name and address of each Member, which
Schedule 1 has not been amended or modified and is in full force and effect as of the date hereof.
3. The Employer Identification Number ("EIN") of the Company is 87-2101138.
IN WITNESS WHEREOF, the undersigned has executed this Manager's Certificate as of this
101' day of August, 2021.
T.c?i2ertzi
DONALD MONTI
5103570.1 -- L853.1
Packet Pg.44
EXHIBIT A
Certified Copy of Articles of Organization of San Bernardino Development Company LLC
California Secretary of State
Electronic Certified Copy
j
I, SHIRLEY N. WEBER, Ph.D.. Secretary of State of the State of California,
hereby certify that the attached transcript of 1 page is a full, true and
correct copy of the original record in the custody of the California
Secretary of State's office.
IN WITNESS WHEREOF, I execute
this certificate and affix the Great
Seal of the State of California on
this day of April 27, 2021
SHIRLEY N. WEBER, Ph.D.
Secretary of State
Verification Number: KGVEUY
Entity (File) Number: 202111710716
To verify the issuance of this certificate, use the Verification Number above
with the Secretary of State Electronic Veriication Search.ava;1abie at
bfzffle.sos.ca.gav
Exhibit A
5103570.1 -- L853.1
Packet Pg.45
i
California Secretary of State
Electronic Filing Secretary of State
State of California
LLC Registration — Articles of Organization
Entity Name: >- San Bemardino Development Z)
Company LLC j
Entity (File) Number. 202111710716 Y
File Date: 04/23/2021 L
Entity Type: Domestic LLC g
Jurisdiction: California E
Detailed Filing Information r $
1. Enemy Name: San Bemardino Development Comparry LLC
o
2. BusinessAddresses:
a. kutial Street Address of +-
Designated Office in California: 4221 W51shire Blvd, Suite 380 ( q
Los Angeles, California 90010
United States
b. Initial NW14rg Address:
U
4221 14'ilstlire Blvd. Suite MO
Los Angeles, California 90010
United States
3. Agent for Service of Process: Jien Torkan
4221 WVsture Boulevard, Suite 3tk1
Los Angeles Callfomia [Colo
unm States
4. Management structure: More than One Manager
5. Purpose statement: The purpose ofthe limited liability
company is to engage in any IawfW act
or activity forwhich a limited liability
company may be organized underthe
California Revised Uniform Limited
LiabilityCompanyAct.
Electronic signature:
The organizer affirms the information contained herein Is true and correct.
Organizer. Jlsn Torkan
Use blslffe.sos.ca.govroronlineMing& searches. buslness records. andre"Wos.
Exhibit A
5103510.1 — L853.1
Packet Pg.46
FXHTRTT R
Schedule 1 to Operating Agreement
of San Bernardino Development Company LLC
Member Address Membershi ) Interest
Donald Monti c/o Renaissance Downtowns USA LLC 50%
410 Jericho Turnpike
Suite 202
Jericho, New York 11753
Jian Torkan c/o ICO Real Estate Group, Inc. 50%
4221 Wilshire Blvd.
Suite 380
Los Angeles, California 90010
Exhibit B
5103570.1 -- L853.1
Packet Pg.47
FIRST AMENDMENT TO
THE CITY OF SAN BERNARDINO
EXCLUSIVE NEGOTIATION AGREEMENT
Carousel Mall)
THIS FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT
Agreement") is dated as of March 13, 2022, for reference purposes only, and is entered into by
and between the City of San Bernardino, a public body corporate and politic ("City") and San
Bernardino Development Company, LLC, a California limited liability company ("Developer"),
to provide a specified period of time to attempt to negotiate a disposition and development
agreement. The City and the Developer are sometimes referred to in this Agreement individually,
as a "Party" and, collectively, as the "Parties." This Agreement is entered into by the Parties with
reference to the following recited facts (each, a "Recital"):
RECITALS
A The City is the owner of that certain real property located at 295 Carousel Mall,
San Bernardino, CA 92401, San Bernardino (APN ) and more specifically described in Exhibit
A ("Property"); and
B The City has an interest in developing the Property and issued a Request for
Qualifications; and
C The City received qualification submittals from multiple development teams and
after review and clarification has chosen to proceed with Developer; and
D The City complied with the Surplus Land Act ("SLA") (Gov't Code Section 54220
et seq.) and received confirmation from the California Department of Housing and Community
Development on September 2, 2021; and
E The City and Developer entered into the original ENA ("Original ENA") effective
September 13, 2021 for a term of 180 days; and
F The Original ENA expires on March 14, 2022 and the parties desire to extend the
term of the Original ENA administratively as provided for in Section 3(b) of the Original ENA for
ninety (90) days.
NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY
RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE
PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT,
THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS:
1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct
and are incorporated into this Agreement, in their entirety, by this reference.
5097426.1 - L853.1
55600.00808\33977464.8
Packet Pg.48
2. Term. The Term of the ENA is hereby extended administratively pursuant to
Section 3(b) of the Original Agreement for ninety (90) days and shall now expire on Monday, June
13, 2022, unless extended as provided for in the Original ENA.
3. Affirmation Regarding Absence of Defaults. Each Parry hereby represents and
warrants to the other Party that, as of the Effective Date of this First Amendment, the non -
representing Party is not in material uncured default of the Original ENA and that there have been
no events that, with the passage of time, the giving of notice, or both, would constitute an event of
default under the Original ENA. Each Parry understands that the foregoing representation and
warranty constitutes material consideration to the other Parry for the other Party's entry into this
First Amendment.
4. Effectiveness of First Amendment. The rights and duties of the City and the
Developer established by this First Amendment shall commence on the first date on which all of
the following have occurred: (1) execution of this First Amendment by the authorized
representative(s) of the Developer and delivery of such executed First Amendment to the City, and
2) approval of this First Amendment by the City Manager as provided in Section 3 of the Original
ENA and delivery of such executed First Amendment to the Developer.
5. Effect Upon Original ENA. Except as expressly amended by this First
Amendment, the Original ENA remains in full force and effect, unmodified except as otherwise
expressly herein provided. Wherever the term "Agreement" appears in the Original ENA, it shall
be read and understood to mean the Original ENA as amended by this First Amendment. In the
event of any direct conflict or inconsistency between the terms of the Original ENA and this First
Amendment, the terms of this First Amendment shall be controlling to the extent of such conflict
or inconsistency.
Signatures on following page]
5097426.1 - L853.1
55600.00808\33977464.8
Packet Pg.49
THE CITY OF SAN BERNARDINO
FRIST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT
Carousel Mall)
IN WITNESS WHEREOF, the City and the Developer have executed this First
Amendment to the Exclusive Negotiation Agreement on the dates indicated next to each of the
signatures of their authorized representatives, as appear below.
Dated: 3/14/22
DEVELOPER -
SAN BERNARDINO DEVELOPMENT
COMPANY, LLC
LIM
Its: Authorized Representative
CITY:
THE CITY 9Z SAN BERNARDINO
By.
ATTEST
By
City Clerk
APPROVED AS TO FORM: -
BEST BEST & KRIEGER, LLP
B
CityAttorney
5097426.1 - U53.1
55600.00808\33977464.8
Packet Pg.50
5097426.1 - U53.1
55600.00808\33977464.8
Packet Pg.51
Packet Pg.52
Packet Pg.53
Packet Pg.54
Packet Pg.55
Packet Pg.56
Packet Pg.57
Packet Pg.58
Packet Pg.59
Packet Pg.60
Packet Pg.61
Packet Pg.62
Packet Pg.63
Exclusive Negotiating Agreement – 3rd Amendment for Carousel Mall
Redevelopment
Presented by: Nathan Freeman, Agency Director of Community, Housing, and
Economic Development
Packet Pg.64
Exclusive Negotiating Agreement – 3rd Amendment
3rd Amendment Terms:
•Adds LPC West (aka Lincoln Property Company) as a party to the original ENA and
as the sole and exclusive developer.
•ENA term is extended to September 12, 2023.
•ENA schedule of performance is updated to reflect new ENA term.
Packet Pg.65
ABOUT LINCOLN PROPERTY COMPANY
•Lincoln is a nationwide real estate firm, with regional offices in Irvine and Los
Angeles.
•As one of the largest companies of their type in the United States, Lincoln
successfully develops, finances, develops, and operates mixed-use projects of
similar size and scope as the proposed Carousel mall redevelopment project
throughout the country.
•Lincoln’s cumulative development efforts have produced over 130 million square feet
of commercial space and over 212,000 multifamily residential units.
•Second largest apartment manager in the country.
Packet Pg.66
Staff recommends that the Mayor and City Council of the City of San
Bernardino, California:
•Approve the Amendment to the Exclusive Negotiating Agreement
between the City of San Bernardino and San Bernardino Development
Company, LLC and LPC West, Inc., for the development of Carousel Mall;
and
•Authorize the City Manager, or designee, to take any further actions and
execute any further documents as necessary to effectuate the
agreements.
CONCLUSION
Packet Pg.67
5
1
0
DISCUSSION
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services
Department:Finance
Subject:Adopt a Master Equity Lease Agreement for Light Duty
Vehicles
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to enter into a Master Equity Lease Agreement
and related lease documents with Enterprise Fleet Management, Inc., for light-duty
vehicles, authorize the Agency Director of Administrative Services to issue a purchase
order in an amount not to exceed $1,200,000 to Enterprise Fleet Management, and
adopt Resolution No. 2022-170 authorizing the Agency Director of Administrative
Services to transfer $1,200,000 from the General Fund Operating Budget to the Fleet
Fund.
Background
The Department of Public Works Facilities and Fleet Maintenance Division is
responsible for repairing and maintaining over 350 City vehicles in addition to several
hundred pieces of equipment. The Adopted Vehicle Maintenance Budget has averaged
about $3.2 million over the last three years, excluding the cost of purchasing new
vehicles. The FY 2022/23 and 2023/24 budgets are $4,384,049 and $5,698,695,
respectively.
The City has not established a systematic vehicle replacement program. Instead,
vehicles are replaced when they reach the end of their lifecycle rather than a beneficial
Packet Pg.68
5
1
0
financial point in the vehicle's lifecycle cost. As a result, the City has retained older
vehicles with more significant depreciation, increased maintenance and fuel costs, less
dependability, and that lack updated safety features.
City staff has researched vehicle replacement and maintenance programs and
determined that it is financially feasible to lease vehicles rather than purchase them.
Leasing vehicles will reduce operational costs while establishing a systematic,
structured approach to vehicle replacement and maintenance.
Discussion
A comprehensive vehicle replacement plan is fundamental to efficient fleet
management. The cost to operate a vehicle increases over time while the value
decreases simultaneously. Consequently, the City should replace vehicles at the
optimal time in the economic life rather than the vehicle's actual operational life.
Replacing vehicles at the optimal time will allow the City to get the most use during the
period of the lowest operating cost before selling the vehicle while it retains more
significant monetary value. An efficient replacement plan capitalizes on the ability to
purchase new vehicles at reduced government pricing before selling them at an
opportune time to benefit from the higher-priced public market. In addition, proceeds
generated from the sale of replaced vehicles would augment funding for the City's
vehicle replacement and maintenance program.
The City’s current vehicle replacement practices are not economical. Organizations
typically use years in service, mileage, and maintenance cost to determine when to
replace vehicles. Some common standards used by organizations like the American
Public Works Association (APWA) are listed below:
Packet Pg.69
5
1
0
5-7 years for non-emergency vehicles
75,000 - 100,000 Miles
Maintenance cost exceeds 50% of the vehicle purchase value
The following statistics represent the City's fleet compared to commonly accepted
replacement and safety standards.
38% of current vehicles are more than ten years old
43% of the existing vehicles are more than seven years old
38% of current vehicles have over 75,000 miles on the odometer
10 vehicles predate Airbag standards (1998)
84 vehicles predate Anti-lock brake standards (2007)
141 vehicles predate Electronic Stability Control standards (2012)
Retaining vehicles beyond the optimal time of replacement may result in some or all the
following conditions:
Increase in total operating cost and fleet budget
Extended vehicle downtime as the complexity of repairs increases and availability
of parts decrease
Decrease in fleet dependability
Increase in costs associated with lack of productivity
Vehicle underutilization
Decrease in salvage value as assets age
Compromised operator safety as vehicles age and lack updated safety features
Some vehicles may age out of compliance with regulatory requirements
Diminished public perception of City Government based on vehicle appearance
Vehicle Leasing
To reduce cost and increase fleet efficiency, staff has researched alternative vehicle
replacement and maintenance solutions and determined that leasing vehicles rather than
purchasing them outright is the most cost-effective option for the City. Many cities across
the nation have transitioned to vehicle lease programs and contract services for vehicle
maintenance. Staff researched the following local cities, and all identified the benefits and
cost-saving of a vehicle leasing and maintenance program:
City Saving
Redlands Projected Savings of $1,904,758 over 10 years.
Westminster The leasing program has saved the city approximately $133,000 a
year.
San Marcos Projected $1,100,000 savings over 10 years. The city decreased the
cost to purchase and maintain vehicles by 27%.
Packet Pg.70
5
1
0
La Quinta Realized a 70% reduction in maintenance costs upon
implementation. The city is projected to save 12% of fleet operating
cost over 10 years. Enterprise has exceeded estimated resale value
of vehicles by an average of $740 per vehicle.
Fontana Entered into leasing agreement 2021.
Rialto Entered into leasing agreement 2021.
The cities mentioned above have entered into Master Equity Lease Agreements with
Enterprise Fleet Management, Inc., utilizing the existing Sourcewell contract resulting
from RFP #060618. Sourcewell is a government agency that has provided cooperative
purchasing programs throughout North America for more than 40 years. Sourcewell
streamlines the procurement process by developing RFPs for competitive solicitations
that meet or exceed local requirements. San Bernardino Municipal Code section 3.04.010
states the City may make, “Purchases from, or sales to a government or governmental
agency, or through any advantageous governmental contract approved by the Council,
…”
City staff has identified the following benefits to leasing vehicles:
A lease agreement will provide more flexibility as electric vehicle technology
improves should the City decide to transition towards an electric-powered fleet.
Open-end lease structure allows the City to replace more vehicles upfront with less
capital.
The City pays sales tax based on the cost of the lease payments rather than the
total cost of the vehicle.
The City has all rights of ownership and can modify and install aftermarket products
on vehicles.
Leasing would provide the opportunity to minimize the amount of large capital
outlay necessary for purchasing vehicles.
No mileage restrictions, no abnormal wear and tear, and no early termination
penalties would allow the City's fleet to increase or decrease each year to reduce
underutilization and meet City needs.
A local account team will be assigned to monitor the City's fleet and implement a
consistent, proactive fleet replacement plan.
Newer vehicles will improve safety and reduce costs related to maintenance, fuel,
and lack of production from vehicles out of service.
Replacing and reselling vehicles at the optimal time will recover more equity from
city vehicles which may be used to fund the leasing program.
Enterprise Fleet Management is the largest fleet management provider in the United
States and an expert in fleet management, maintenance, acquisition, and sales. Entering
into a Master Equity Lease Agreement will allow the City to capitalize on Enterprise Fleet
Packet Pg.71
5
1
0
Management's expertise, resources, and extensive resale network, to operate the most
efficient fleet.
City staff has communicated with Enterprise representatives and established the following
parameters for the lease program:
1.The City will continue to purchase specialty vehicles such as construction vehicles,
motorcycles, tactical vehicles, and any required to be purchased through grants or
contractual agreements.
2.The City will replace most light-duty vehicles through the leasing program.
3.Enterprise will provide a local Account Team to assist the City that will:
a.Compile analysis to identify the best alternative fuel vehicles
b.Make recommendations on the most cost-effective vehicles in each class
c.Review the best time to order or sell vehicles
d.Monitor the fleet to ensure efficiencies with maintenance and fuel
e.Review mileage patterns and fuel miles per gallon
f.Establish a proactive replacement plan
4.The City will establish a viable vehicle replacement program with a four to five-year
replacement cycle, depending on the economic feasibility.
5.City staff will identify the required specifications and types of replacement vehicles
and establish a list of the vehicles marked for replacement.
6.The replacement list will meet the goal of lowering the fleet's average age and
reducing maintenance and fuel costs.
7.The City will identify any after-market equipment required for vehicles.
8.The City will select which dealerships Enterprise will use to order and deliver
vehicles.
Optional Vehicle Maintenance
Enterprise Fleet Management's complete maintenance plan will provide maintenance for
all non-emergency vehicles. The cost for a full maintenance plan is approximately $564
a year per vehicle. The price may vary slightly depending on the type of vehicle and
projected miles the vehicle will travel annually. The full maintenance plan covers all major
or minor vehicle repairs through a list of approved vendors.
Enterprise does not provide full maintenance for emergency vehicles (patrol vehicles) or
current City-owned vehicles. Instead, Enterprise offers a maintenance management
program. A maintenance management plan allows the city to use approved vendors to
provide services for vehicles. An Enterprise Analyst would be assigned to the City's
account to analyze and manage repairs. The analyst will be authorized to approve repairs
up to an established amount before seeking approval from a City representative. The City
is then billed for all repairs. The maintenance management plan costs $72 annually per
vehicle.
Packet Pg.72
5
1
0
Staff does not recommend the vehicle maintenance program. After contacting other cities
that are using Enterprise Leasing, some using the maintenance and others that are not,
staff found that the cities using the maintenance did not consider it a significant value add
to the program. Currently the City’s major maintenance issues are driven by the age of
the City’s fleet. As vehicles are replaced with newer models, most major maintenance will
be covered under warranty, and optimal replacement scheduling will ensure that vehicles
are replaced before they reach the point at which maintenance becomes a significant
factor in operating costs. Regular maintenance, tune-ups, and oil and filter changes can
be scheduled and completed in-house without City staff taking time away from regular
duties to drive a vehicle to an approved vendor shop, wait for repairs, and then return to
work. The leasing program will enable existing fleet staff to more efficiently manage heavy
equipment repair and regular maintenance, as the City replaces older vehicles with newer
models that require less major maintenance work. This will also keep staff that require
vehicles to do their jobs working, rather than waiting for repairs.
Cost Analysis of a Master Equity Lease Agreement for Most Light-Duty Vehicles
A 10-year analysis of the City’s fleet and current replacement practices by Enterprise
suggests that adopting a leasing model may result in a saving of over $6 million; however,
staff’s recommendation is not based on the potential savings identified by the
recommended vendor. Staff evaluated the cost of leasing as well as the benefit of
consistent replacement of vehicles, ensuring that City vehicles are equipped with the
latest safety features, and the opportunity for the City to invest in alternative fuel vehicles
whenever possible. The fleet replacement schedule for this plan and estimated lease cost
are shown in the table below. By the fifth year of the leasing agreement, most of the City’s
light duty vehicles will be leased for a projected recurring annual fee of approximately
$2,608,519. The annual lease cost does not include maintenance and is an estimate that
may vary depending on the type of replacement vehicles selected.
Fiscal
Year
Estimated
Number of
Vehicles to be
Replaced
Replacement Criteria Approximate Annual
Lease Cost
2023 151 10 years old and older, or
odometer over 100,000 miles
$1,028,317
2024 28 8 years old and older, or
odometer over 80,000 miles
$1,265,180
2025 53 5 years old and older, or
odometer over 50,000 miles
$1,694,483
2026 61 3 years old and older, or
odometer over 30,000 miles
$2,214,965
2027 49 Vehicle replacement will be
managed by Enterprise
$2,608,519
Packet Pg.73
5
1
0
Enterprise, in their assessment of the City’s fleet practices and potential savings, looked
at the City’s current replacement schedules and annual investments. While this
comparison results in a potential savings, in order to evaluate the true cost/benefit of
leasing, finance staff did a side-by-side comparison of the five-year lease cost depicted
above, compared to the cost should the City invest in directly purchasing and replacing
vehicles on the same schedule that Enterprise recommended. This analysis is attached
in Appendix A.
One of the challenges the City faces when directly purchasing and reselling vehicles is a
lack of the economy of scale that Enterprise enjoys as the largest fleet management
provider in the country. The City pays more for vehicles on the front end, and resale at
auction generally brings in less than what Enterprise is able to recoup per vehicle at
auction. The resale difference reduces the amount of money flowing back into the
program to fund purchases each year, increasing the cost to the General Fund.
Additionally, as previously mentioned in the benefits to leasing, if the City directly
purchases vehicles, the amount of sales tax the City pays is based on the full cost of the
vehicle, increasing the total cost of each vehicle, as opposed to paying tax on the value
of the lease payment.
The chart below provides a summary of the results detailed in Appendix A. The side-by-
side analysis includes all fleet division costs, including personnel, general maintenance,
heavy equipment maintenance, fuel, and other costs to provide an all-in cost comparison.
Please note that the total cost with a lease program is higher than the previous table that
includes only the approximate cost of the annual lease without other costs.
The result of the analysis shows that over five years, the City would spend nearly $25
million to implement the same fleet replacement schedule, versus approximately $15
million using the Enterprise leasing model.
Packet Pg.74
5
1
0
Timing
The timing for entering into the leasing program is critical. As the City has been
attempting to order vehicles for departments, staff has found that the window for
ordering new vehicles is becoming tighter and tighter. In two recent cases, the ordering
window for 2023 vehicles opened and closed within a 24-hour period, and the next
opportunity to order is not anticipated to be available for six to nine months. City staff
is less able to track the opening of ordering windows for vehicles, and while Enterprise
has the advantage of economies of scale and the ability to order vehicles from multiple
dealerships, they are nevertheless faced with similar challenges in ordering vehicles
given the overall lack of inventory. Staff recommends that the City enter into the
agreement with Enterprise as soon as possible to ensure that Enterprise can obtain
vehicles for the City within a reasonable timeframe.
2021-2025 Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 1.f. Improved Operational
and Financial Capacity: Create an asset management plan.
Fiscal Impact
There is no financial impact to the General Fund. $1,200,000 will be transferred from
the General Fund to the Fleet Fund; however, the Fleet Fund is an internal service fund
with costs allocated to General Fund departments. Existing budgets in departments for
fleet-related costs for FY 2022/23 will be used to fund the lease, and equity from the
sale of City vehicles will be rolled back into the program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to enter into a Master Equity Lease Agreement
and related lease documents with Enterprise Fleet Management, Inc., for light-duty
vehicles, authorize the Agency Director of Administrative Services to issue a purchase
order in an amount not to exceed $1,200,000 to Enterprise Fleet Management, and
adopt Resolution No. 2022-170 authorizing the Agency Director of Administrative
Services to transfer $1,200,000 from the General Fund Operating Budget to the Fleet
Fund.
Attachments
Attachment 1 Appendix A Side-by-Side Cost Analysis
Attachment 2 Master Equity Lease Agreement
Attachment 3 Sourcewell Equity Lease Agreement
Attachment 4 PowerPoint Presentation Equity Leasing
Packet Pg.75
5
1
0
Attachment 5 Resolution 2022-170
Ward:
All Wards
Synopsis of Previous Council Actions:
N/A
Packet Pg.76
APPENDIX A
Fiscal Year Vehicle Cost Tax
Sub-Total
Vehicle
Purchase
Equity
Estimate, City
Auction
Fleet
Division
Personnel
Fleet Division
Vehicle Repair
Fleet Divisio n
Heavy Equip.
Sub-Total
Fleet Division Fuel
Purchase
Cost TOTAL
2022/23 4,447,730 389,176 4,836,906 (419,879)294,000 766,800 50,000 1,110,800 1,629,646 7,157,474
2023/24 1,086,480 95,067 1,181,547 (168,455)308,700 783,000 51,500 1,143,200 1,599,527 3,755,819
2024/25 2,071,652 181,270 2,252,922 (451,950)324,135 783,000 53,045 1,160,180 1,542,516 4,503,667
2025/26 2,342,060 204,930 2,546,990 (502,701)340,342 783,000 54,636 1,177,978 1,476,901 4,699,168
2026/27 2,364,040 206,854 2,570,894 (430,718)357,359 783,000 56,275 1,196,634 1,424,192 4,761,002
C ost Over 5 Years 24,877,131
Fiscal Year Lease Cost
Equity,
Leased
Equity,
Purchased
Sub-Total
Equity
Fleet
Division
Personnel
Fleet Division
Vehicle Repair
Fleet Divisio n
Heavy Equip.
Sub-Total
Fleet Division Fuel
Lease Cost
TOTAL
2022/23 1,028,317 (233,739)(559,838)(793,577)294,000 427,800 50,000 771,800 1,629,646 2,636,186
2023/24 1,265,180 (233,739)(224,606)(458,345)308,700 394,200 51,500 754,400 1,599,527 3,160,762
2024/25 1,694,483 (656,493)(602,600)(1,259,093)324,135 330,600 53,045 707,780 1,542,516 2,685,686
2025/26 2,214,965 (256,226)(670,268)(926,494)340,342 257,400 54,636 652,378 1,476,901 3,417,750
2026/27 2,608,519 (984,075)(574,290)(1,558,365)357,359 198,600 56,275 612,234 1,424,192 3,086,580
C ost Over 5 Years 14,986,964
MODEL: All Vehicles Purchased, Replacement Schedule for Maximum Utility and Equity Realization
MODEL: All Vehicles Leased, Replacement Sc hedule for Maximum Utility and Equity Realization
Assumptions:
75%Likely percentage of Enterprise equity estimate recouped through auctio n
5%Percentage increase in Fleet salary and benefits year-over-year
331 Total regular vehicles, 2021/22
340 Total regular vehicles, 2022/23; to accommodate new positions hired in 2021/22
95 Patro l vehicles beginning 2022/23
$150 per vehicle per month for maintenance, OWNED
$50 per vehicle per month for vehicles, LEASED
$280,000 base year (2021/22) salary and benefits for Fleet Division
$50,000 base year (2022/23) assumption fo r cost of heavy equipment repair
3%Percentage increase annually in cost of heavy equipment repair
Fuel cost includes a 40% increase in 2022/23 over FY 2021/22 budgeted amount
Fuel savings estimate based on Enterprise model with improved fuel efficiency of fleet
Packet Pg.77
Packet Pg.78
Packet Pg.79
Packet Pg.80
Packet Pg.81
Packet Pg.82
AMENDMENT TO MASTER EQUITY LEASE AGREEMENT
THIS AMENDMENT (“Amendment”) dated this ____ day of ___________, 2022 is attached to, and made a
part of, the MASTER EQUITY LEASE AGREEMENT entered into on the ____ day of __________, 2022
(“Agreement”) by and between Enterprise FM Trust, a Delaware statutory trust (“Lessor”) and City of San Bernardino
("Lessee"). This Amendment is made for good and valuable consideration, the receipt of which is hereby
acknowledged by the parties.
Section 17 of the Master Equity Lease Agreement is amended to read as follows:
Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs, executors, personal
representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor
and their respective successors and assigns. This Agreement will be governed by and construed in accordance with
the substantive laws of the State of California (determined without reference to conflict of law principles).
All references in the Agreement and in the various Schedules and addenda to the Agreement and any other
references of similar import shall henceforth mean the Agreement as amended by this Amendment. Except to the
extent specifically amended by this Amendment, all of the terms, provisions, conditions, covenants, representations
and warranties contained in the Agreement shall be and remain in full force and effect and the same are hereby
ratified and confirmed.
IN WITNESS WHEREOF, Lessor and Lessee have executed this Amendment to Master Equity Lease
Agreement as of the day and year first above written.
City of San Bernardino (Lessee) Enterprise FM Trust (Lessor)
By: Enterprise Fleet Management, Inc., its attorney in fact
By By
Title: Title:
Date Signed:__________________, _______ Date Signed:_______________________, _______
Packet Pg.83
Packet Pg.84
INDEMNITY AGREEMENT
This Agreement is entered into as of the ___ day of ________, 2022, by and between
Enterprise Fleet Management, Inc., (EFM), a Missouri corporation, and City of San Bernardino.
WITNESSETH:
INDEMNITY: Enterprise Fleet Management, Inc. ("EFM") agrees to defend and indemnify City of
San Bernardino from and against any and all losses, damages, liabilities, suits, claims, demands,
costs and expenses (including, without limitation, reasonable attorneys' fees and expenses)
which City of San Bernardino may incur by reason of EFM's breach or violation of, or failure to
observe or perform, any of its obligations as Servicer (EFM in such capacity, "Servicer") for
Enterprise FM Trust in connection with the Master Equity Lease Agreement between City of San
Bernardino and Enterprise FM Trust dated as of the date hereof, or as a result of any loss,
damage, theft or destruction of any Vehicle or related to or arising out of or in connection with the
use, operation or condition of any Vehicle, in each case, while the Vehicle was in possession of
the Servicer.
Capitalized terms used herein and not defined herein shall have the meanings given in the Lease.
IN WITNESS WHEREOF, EFM and City of San Bernardino have executed this Indemnity
Agreement as of the day and year first above written.
Company: City of San Bernardino EFM: ENTERPRISE FLEET MANAGEMENT INC.
_________________________________ _________________________________
By: ____________ By: ____________
Title: ____________ Title: ____________
Address: ____________ Address: ____________
____________ ____________
____________ ____________
Date Signed:____________, _______ Date Signed:_____________, ______
Packet Pg.85
Packet Pg.86
Packet Pg.87
Packet Pg.88
Packet Pg.89
Packet Pg.90
Packet Pg.91
Packet Pg.92
Packet Pg.93
Packet Pg.94
Packet Pg.95
Packet Pg.96
Packet Pg.97
Packet Pg.98
Packet Pg.99
Packet Pg.100
Packet Pg.101
Packet Pg.102
Packet Pg.103
Packet Pg.104
Packet Pg.105
Packet Pg.106
Packet Pg.107
Packet Pg.108
Packet Pg.109
Packet Pg.110
Packet Pg.111
Packet Pg.112
Packet Pg.113
Packet Pg.114
Packet Pg.115
Packet Pg.116
Enterprise Leasing Fleet
Management
Barbara Whitehorn
Agency Director of Administrative Services
August 3, 2022
Packet Pg.117
•Fleet Management
•Current Model
•Best Practice
•Leasing Model
•Municipal Leasing Defined
•Benefits to the City
•Cost Analysis
•Discussion
2
Presentation Overview
Packet Pg.118
Fleet Management – Current Model
3
•Current Model
•Aging Fleet, vehicles replaced well-past useful
life
•High maintenance costs
•Low value when sold
•Management systems lack evaluation of
potential efficiencies and optimization
Packet Pg.119
Fleet Management – Best Practice
4
Best Practice
•Track Fleet:
•Age (Potential Resale
Value)
•Cost of Maintenance
•Fuel Efficiency
•Replace when:
•Costs are increasing and
value is decreasing
Packet Pg.120
Leasing Model – Municipal Leasing
Municipal Leasing DOES NOT:
•Work like an auto-dealer lease
•No max. mileage
•No early termination penalties
•No wear-and-tear fees
•It does not lock the City into a long-term contract
5PacketPg.121
Leasing Model – Municipal Leasing
Municipal Leasing DOES:
•Work like a financing plan
•Provide flexibility
•i.e., enable the City to move toward electrification
•Allow more frequent replacement of vehicles
•Provide Economies of Scale
6PacketPg.122
Benefits to the City
7
1)Replace more vehicles with
less capital.
2)City maintains rights of
ownership, may modify
vehicles.
3)Newer vehicles improve
safety.
4)Flexibility allows easier
transition to alternative power
vehicles and fleet
electrification.
5)Optimal timing for
replacement provides:
a.Highest equity at time of
sale.
b.Staff maintenance efficiency.
6)Staff dedicated to keeping
old cars running can be
used for day-to-day
maintenance and heavy
equipment.
Packet Pg.123
Cost Analysis
8
•Side-by-Side “apple to apples” comparison
•Replacing same number of vehicles annually over five years
•Leasing versus purchasing outright
•Both models assume fleet becomes more fuel efficient and less
costly to maintain
•Key Differences:
•Leasing lowers initial capital outlay on vehicles
•Equity recouped through Enterprise auction assumed to be 25%
higher due to economies of scale
Packet Pg.124
Cost Analysis
9
Purchase
Estimated cost over
5-years:
$25M
Lease
Estimated cost over
5-years:
$15M
Packet Pg.125
Timing and Scale
10
•Order Windows
•2023 Model inventory is low
•Windows for ordering are opening and closing within
days
•Scale
•City can only order from limited dealers (based on
contracts)
•Enterprise has nationwide network of dealershipsPacketPg.126
Conclusion
ü Flexibility- the City can pivot to alternative fuel
vehicles more easily as technology improves.
ü Safety- providing newer model vehicles with the
latest safety features.
ü Sustainability- financial and environmental.
ü less expensive, financially flexible model.
ümore efficient vehicles.
11PacketPg.127
Resolution No. 2022-170
Resolution 2022-170
August 3, 2022
Page 1 of 3
6
7
3
RESOLUTION NO. 2022-170
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE AGENCY DIRECTOR OF
ADMINISTRATIVE SERVICES TO TRANSFER $1,200,000
IN THE FISCAL YEAR 2022/23 OPERATING BUDGET
FROM THE GENERAL FUND TO THE FLEET FUND.
WHEREAS, the FY 2022/23 General Fund operating budget allocated $2,037,806 for the
replacement of motor vehicles; and
WHEREAS, the City of San Bernardino is focused on establishing a streamlined vehicle
replacement program to ensure the efficient and effective use of public funds; and
WHEREAS, staff has determined that entering into a master equity lease agreement allows
for a modern vehicle replacement program to achieve financial and environmental goals; and
WHEREAS, in order to centralize the lease in one fund, $1,200,000 in operating budget
funds will need to be transferred.
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. Mayor and City Council hereby authorize the City Manager to amend the
FY 2022/23 General Fund Operating Budget by transferring $1,200,000 from the General Fund to
the Fleet Fund.
SECTION 3.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
Packet Pg.128
Resolution No. 2022-170
Resolution 2022-170
August 3, 2022
Page 2 of 3
6
7
3
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.129
Resolution No. 2022-170
Resolution 2022-170
August 3, 2022
Page 3 of 3
6
7
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-170, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
Packet Pg.130
4
5
3
4
5
3
Public Hearing
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services
Subject: Public Hearing on Annexation No. 5 to Community Facilities
District 2018-1 (Safety Services), (TR 20258), Adoption of
Resolutions for Annexing into the Community Facilities District
(Ward 6)
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. 2022-161 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;
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-162 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 3, 2022 annexation and special tax election.
Background
On June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-124, a
Resolution of Intention to annex territory into Community Facilities District No. 2018-1
(Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant
to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing
was set for August 3, 2022, 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 21, 2022, at 10:48 a.m. in Book 90 Page 37, Document No. 2022-
Packet Pg.131
4
5
3
4
5
3
0219974 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 1.05 gross acres of a zoned
residential lot within the City, to include 6 detached single-family residences upon
buildout, requesting that the City assist them in annexing their properties into CFD No.
2018-1 under the Mello-Roos Act. The property is located at the east side of N. Meridian
Avenue and west side of N. Marvin Drive, between W. 5th and 6th Street, as shown in
Attachment #1. 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. 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:
1. Police protection services (including but not limited to criminal justice services) and
paramedic services; and
2. 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 2022/23. 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
have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate
and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into
the CFD and consenting to the shortening of election time requirements, waiving analysis
and arguments, 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.
Resolution declaring City intent to annex territory to Community 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 15, 2022.
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.
Packet Pg.132
4
5
3
4
5
3
Discussion
The Resolution of Intention called for a public hearing to be held on August 3, 2022, 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 Council may not create the CFD. If a majority protest is not filed, the Mayor and
City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2018-264 on September 19, 2018, 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. 2022-161, it may immediately proceed to the opening of the ballots
and adopt Resolution No. 2022-162 declaring the results of the election.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact to the General Fund at this time. 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 $2,310 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
The Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing;
2. Adopt Resolution No. 2022-161 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),
Packet Pg.133
4
5
3
4
5
3
annexing territory to Community Facilities district No. 2018-1 (Safety Services)
and calling elections therein;
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-162 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 3, 2022, annexation and special tax election.
Attachments
Attachment 1 - Project Map
Attachment 2 - Resolution No. 2022-161 (Resolution Calling Election, Authorizing Levy);
Attachment 3 - Exhibit A - Ballot
Attachment 4 - Resolution No. 2022-162 (Resolution Declaring Election Results);
Attachment 5 - Exhibit A – Ballot;
Attachment 6 - Exhibit B – Certificate of Election Results
Attachment 7 - Registrar of Voters Certificate
Attachment 8 – PowerPoint Presentation
Ward: 6
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 “Resolution of Intention”), pursuant to the provisions of
the “Mello-Roos Community Facilities Act of 1982”.
September 19, 2018 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
safety services and expenses with respect to Community
Facilities District No. 2018-1.
June 15, 2022 Mayor and City Council adopted Resolution No. 2022-124, a
Resolution of Intention to annex territory into Community
Facilities District No. 2018-1 (Safety Services) of the City of
San Bernardino (the “Resolution of Intention”), pursuant to the
Packet Pg.134
4
5
3
4
5
3
provisions of the “Mello-Roos Community Facilities Act of
1982”.
Packet Pg.135
MARVIN DRBELDEN STDALLAS AVESIXTH ST
SPRU CE S T
VICTORIA ST
MERIDIAN AVEST. ELMO DR
^_
·|}þ259
·|}þ18
·|}þ210
§¨¦215£¤66
£¤66
MIL L ST
16TH ST
SPRUCE ST
SIERRA WAYWATERMAN AVENINTH ST
CAM PUS WAY
2ND ST
MAGNOLIA AVE
ORANGE SHOW RD
4TH ST
RANCHO AVE17 TH S T
BASE LINE ST
SECOND S T
PEPPER AVCFD NO. 2018-1 (SAFETY SERVICES)ANNEXATION NO. 5
PROJECT MAP
Packet Pg.136
Resolution No. 2022-161
RESOLUTION NO. 2022-161
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, on August 15, 2018, the Mayor and City Council (the “City Council”) of the
City of 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)
(“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos
Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title
5 of the Government Code of the State of California (the “Act”); and
WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted
Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities
District No. 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 Attachment “D”
attached to the Resolution No. 2018-239 (the “Original Rate and Method”), and (ii) the
establishment of an appropriations limit for Community Facilities District No. 2018-1; and
WHEREAS, pursuant to a petition signed by RGC Family Trust (the “Owner”), on June
15, 2022, the Mayor and City Council adopted Resolution No. 2022-124 (the “Resolution of
Intention”), stating its intention to annex the territory described in Attachment “A” to the
Resolution of Intention (the “Annexation Territory”) to the District; and
WHEREAS, a notice of a public hearing to be held on August 3, 2022 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 Mayor and 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 3, 2022, this Mayor and City Council held a noticed public hearing
as required by law relative to the proposed annexation of the Annexation Territory, the levy of
special taxes therein in accordance with the attached as Attachment “C” to the Resolution of
Intention (the “Rate and Method”), which Rate and Method is identical to the Original Rate and
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 3, 2022 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
Packet Pg.137
Resolution No. 2022-161
WHEREAS, at the public hearing, evidence was presented to the Mayor and 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 Mayor and 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 Mayor and 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
August 3, 2022 and that the qualified electors in Annexation Territory are the landowners therein;
and
WHEREAS, on the basis of all of the foregoing, the Mayor and 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 Mayor and 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 “Map
of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino
(Safety Services),” 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-Recorder’s office
of the County of San Bernardino in Book No. 87 Page No. 96, on 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-Recorder’s office of the County of San Bernardino in Book No. 90 Page No. 37, on June 21,
2022 as Instrument No. 2022-0219974.
SECTION 4. The Mayor and City Council hereby adopts the Rate and Method attached
as Attachment “C” to the Resolution of Intention as the applicable rate and method for the
Annexation Territory. Except where funds are otherwise available, it is the intention of the Mayor
and 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
Packet Pg.138
Resolution No. 2022-161
and Method on all non-exempt property within the Annexation Territory sufficient to pay for (i)
the 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 described
in detail in Attachment “C” to the Resolution of Intention which is incorporated herein by this
reference, and the Mayor and City Council hereby finds that Attachment “C” to the Resolution of
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. The City’s City Manager will be responsible for preparing annually, or
authorizing a designee to prepare, a current roll of special tax levy obligations by assessor’s 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 further
described in Attachment “B” to 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 Mayor and 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 Mayor and 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
Packet Pg.139
Resolution No. 2022-161
such Annexation Territory, pursuant to Section 53339.7 of the Act. The propositions to be placed
on the ballot for the Annexation Territory are attached hereto as Attachment “A.”
SECTION 11. The date of the foregoing elections for each Proposed Annexation Territory
shall be August 3, 2022, 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 Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 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 City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Packet Pg.140
Resolution No. 2022-161
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.141
Resolution No. 2022-161
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. 2022-161, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.142
EXHIBIT A
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
ANNEXATION NO. 5
(August 3, 2022)
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) (“CFD No. 2018-1”) of the City of San
Bernardino:
Name of Landowner Number of Acres Owned Total Votes
RGC Family Trust 1.05 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 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
20, 2022, 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 3, 2022,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on August 3, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg.143
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
RGC Family Trust
Attn: Roger Chi
117 W. Las Flores Ave.
Arcadia, CA 91007
0142-325-04
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:
Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:
Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
RGC Family Trust
By: Roger Chi
Owner
Signature
Print Name
Title
Packet Pg.144
Resolution No. 2022-162
5
1
8
RESOLUTION NO. 2022-162
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 3, 2022 ANNEXATION AND SPECIAL
TAX ELECTION
WHEREAS, the Mayor and City Council (the “City Council”) of City of San Bernardino
(the “City”) called and duly held consolidated elections on August 3, 2022 within the boundaries
of certain territory (the “Annexation Territory”) described in Attachment “A” to Resolution No.
2022-124 adopted by the Mayor and City Council on June 15, 2022, which territory is to be
annexed to Community Facilities District No. 2018-1 (Safety Services) of the City of San
Bernardino (“Community Facilities District No. 2018-1” or the “District”) pursuant to Resolution
No. 2022-162 for the purpose of presenting to the qualified electors within the Annexation
Territory the propositions attached hereto as Attachment A; and
WHEREAS, there has been presented to this Mayor and City Council a certificate of the
City Clerk canvassing the results of the election, a copy of which is attached hereto as Attachment
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 3, 2022 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 Mayor and 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 Mayor and 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 Mayor and 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.
Packet Pg.145
Resolution No. 2022-162
5
1
8
SECTION 5. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.146
Resolution No. 2022-162
5
1
8
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. 2022-162, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.147
EXHIBIT A
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
ANNEXATION NO. 5
(August 3, 2022)
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) (“CFD No. 2018-1”) of the City of San
Bernardino:
Name of Landowner Number of Acres Owned Total Votes
RGC Family Trust 1.05 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 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
20, 2022, 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 3, 2022,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on August 3, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg.148
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
RGC Family Trust
Attn: Roger Chi
117 W. Las Flores Ave.
Arcadia, CA 91007
0142-325-04
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
PROPOSITION A MARK “YES” OR “NO” WITH AN “X”:
Shall the territory described in Attachment “A” of
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be annexed to
Community Facilities District No. 2018-1 (Safety
Services)?
YES _________
NO _________
PROPOSITION B MARK “YES” OR “NO” WITH AN “X”:
Shall a special tax with a rate and method of
apportionment as provided in Attachment “C” to
Resolution No. 2022-___ of the Mayor and City
Council of the City of San Bernardino be levied to pay
for the Services and other purposes described in
Resolution No. 2018-264?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
RGC Family Trust
By: Roger Chi
Owner
Signature
Print Name
Title
Packet Pg.149
EXHIBIT B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
ANNEXATION NO. 5
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-ballot election called by the Mayor and City Council
(the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the
City Council for the annexation of territory to the above-entitled community facilities district, I personally
received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election
ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within
the boundary of the above-entitled community facilities district in the Certificate Regarding Registered
Voters and Landowners, dated June 13, 2022, and on file in the office of the City Clerk of the City in
connection with the City Council actions on that date. Copies of the completed waiver and consent form
and the completed ballot received by me and on file in my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons present,
reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that
count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the
ballot measures, the measures has therefore passed.
PROPOSITION A PROPOSITION B
Landowner
Qualified
Landowner
Votes
Votes
Cast YES NO YES NO
RGC Family Trust 2 2
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 ____________, 2022.
Genoveva Rocha, MMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Pg.150
Packet Pg.151
Public Hearing
CFD No. 2018-1 Annexation No. 5:
(TR 20258) APN 0142-325-04
Packet Pg.152
Public Hearing on CFD 2018-1 Annexation No. 5
Discussion
•Owner: RGC Family Trust
•Requested City annexation into CFD No. 2018-1
•Cover the costs associated with Public Safety services
•Proposed area- Annexation No. 5, APN 0142-32-04 within TR
20258
•Proposed development: 6 detached single-family residential lots.
•Previous Action
•On June 15, 2022, City Council adopted Resolution No. 2022-124a:
Resolution of Intention to annex these properties into CFD No. 2018-1
and hold a Public Hearing on August 3, 2022.
•Property owner consented to waiving certain time restriction and
conduct the election the same night.
Packet Pg.153
Public Hearing on CFD 2018-1 Annexation No. 5
Discussion (Cont.)
•Fiscal Year 2022-23 proposed maximum annual tax per
residential unit: $385
•Special Tax proposed to escalate 4% each year after July
1, 2024
•The services which may be funded with proceeds of the
special tax include:
•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 the administration of the District.
Packet Pg.154
Project Location
Packet Pg.155
Public Hearing on CFD 2018-1 Annexation No. 5
Fiscal Impact
•At build-out total Special Tax revenues will be
approximately $2,310.
•All costs associated with the annexation is borne by
the Developer.
•There is no fiscal impact to the City’s General Fund.
Packet Pg.156
Public Hearing on CFD 2018-1 Annexation No. 5
Recommended Action
CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ("CFD NO. 2018-1"
OR "CFD") BY TAKING THE FOLLOWING ACTIONS:
A. HOLD PUBLIC HEARING,
B. ADOPT A RESOLUTION CALLING THE ELECTION,
C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION,
D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION.
Packet Pg.157
Packet Pg.158
7/29/2022 9:31 PM
4
3
7
Public Hearing
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations,
and Maintenance
Subject: Public Hearing on Annexation No. 18 to Community Facilities
District 2019-1 (Ward 6)
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. 2022-163 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. 18);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-164 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. 18);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1590 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 2022-2023 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services);
and
Packet Pg.159
7/29/2022 9:31 PM
4
3
7
6. Schedule the adoption of Ordinance No. MC-1590 for August 17, 2022.
Background
On June 15, 2022, the Mayor and City Council adopted Resolution No. 2022-131, a
Resolution of Intention to annex territory into Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”),
pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public
hearing was set for August 3, 2022 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 21, 2022, at 10:48 a.m. in Book 90 Page 38, Document No.
2022-0219975 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 1.05 gross acres of a zoned
residential lot 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 streets, including pavement management; and
2. Maintenance of Parks; and
3. Graffiti abatement; 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 19 and is
located at the east side of N. Meridian Avenue and west side of N. Marvin Drive, between
W. 5th and 6th Street, as shown in Attachment #13.
The maximum annual special tax for this development has been calculated to be $588
per unit per year for FY 2022/23. Annual Special Tax rate is proposed to escalate each
year at the greater of Consumer Price Index (CPI) or 2%. The property owners have
agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-
Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on
file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-
Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of
Packet Pg.160
7/29/2022 9:31 PM
4
3
7
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 15, 2022.
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
amended Ordinance would be scheduled for adoption on August 17, 2022.
Discussion
The Resolution of Intention called for a public hearing to be held on August 3, 2022 on
the issue of the annexation of territory into CFD No. 2019-1. 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 Council may not create the CFD. If a majority protest is not filed, the Mayor and
City Council may adopt the resolution establishing the CFD.
Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant
to the requirements of Government Code Section 53325.1. After a CFD is formed, the
Mello-Roos Act requires that for any annexations into the CFD an election be held on the
question of whether the proposed special taxes should be levied. The election requires a
two-thirds vote in favor of levying the special tax. The landowners filed waivers with
respect to the conduct of the election pursuant to Government Code Sections 53326(a)
and 53327(b), meaning that the time limits and procedural requirements for conducting
an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff
has already mailed the election ballots to the landowners and required the ballots to be
returned by the close of the public hearing. If the Mayor and City Council adopt Resolution
No. 2022-163 it may immediately proceed to the opening of the ballots and adopt
Resolution No. 2022-164 declaring the results of the election.
2021-2025 Key Strategic Targets and Goals
Packet Pg.161
7/29/2022 9:31 PM
4
3
7
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No. 4: Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, it is estimated that there will be
an annual collection of special tax revenues of approximately $3,526 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.
2019-1 and not through the City’s General Fund.
Conclusion
The Mayor and City Council of the City of San Bernardino, California:
1. Hold a Public Hearing;
2. Adopt Resolution No. 2022-163 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. 18);
3. Hold a special landowner election and canvass the election;
4. Adopt Resolution No. 2022-164 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. 18);
5. Introduce, read by title only, and waive further reading of Ordinance No. MC-
1590 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 2022-2023 to pay annual costs of the maintenance and
servicing of landscaping, lighting, water quality improvements, graffiti, streets,
Packet Pg.162
7/29/2022 9:31 PM
4
3
7
street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San
Bernardino Community Facilities District No. 2019-1 (Maintenance Services);
and
6. Schedule the adoption of Ordinance No MC-1590 for August 17, 2022.
Attachments
Attachment 1 - Resolution No. 2022-163 - Resolution Calling Election
Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment
Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Resolution No. 2022-164 - Resolution Declaring Election Results
Attachment 6 - Exhibit A Certificate of Election Results
Attachment 7 – Ordinance No. MC-1590
Attachment 8 - Exhibit A Description of Services
Attachment 9 - Exhibit B Parcel List
Attachment 10 – Signed Petition and Waiver
Attachment 11 – Proof of Publication Notice of Public Hearing
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Ward: 6
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982.”
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was adopted
declaring election results for Community Facilities District No. 2019-
1; and first reading of Ordinance No. MC-1522 levying special taxes
to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services and expenses with respect to Community Facilities District
No. 2019-1.
Packet Pg.163
7/29/2022 9:31 PM
4
3
7
June 15, 2022 Mayor and City Council adopted Resolution No. 2022-131, a
Resolution of Intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions
of the “Mello-Roos Community Facilities Act of 1982”.
Packet Pg.164
Resolution No. 2022-163
Resolution 2022-163
August 3, 2022
Page 1 of 6
4
7
6
RESOLUTION NO. 2022-163
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.
18)
WHEREAS, the Mayor and City Council (the “City Council”) of the City of San
Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i)
declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance
Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982
(the “Act”), commencing with Section 53311 of the California Government Code (the
“Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to
the terms of the Act to fund the cost of providing maintenance services (the “Services”) described
in Exhibit B of the Resolution of Intention, and
WHEREAS, the Mayor and 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 Mayor and 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 Mayor and 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 Mayor and City Council on June 15, 2022 duly adopted Resolution No.
2022-131 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD
No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain
services and setting a time and place for the public hearing on the proposed annexation for August
3, 2022; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled
"Annexation Map No. 18 Community Facilities District No. 2019-1 (Maintenance Services)" a
copy of which was recorded, on June 21, 2022, in Book 90 of Maps of Assessment and Community
Facilities Districts at Page 38, in the office of the San Bernardino County Recorder; and
Packet Pg.165
Resolution No. 2022-163
Resolution 2022-163
August 3, 2022
Page 2 of 6
4
7
6
WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing
was convened by the Mayor and City Council on August 3, 2022, 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, 92410, relative to the proposed annexation of said territory to
CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the
annexation of the territory or the levying of the special taxes will be heard. If and to the extent
participation in the August 3, 2022 meeting must occur by teleconference, videoconference, or
other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the
Governor of California, the means and methods for participating the meeting shall be posted on
the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the
City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the
Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A
copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office
at 909-384-5002; and
WHEREAS, written protests have not been filed by fifty percent (50%) or more of the
registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the
registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or
more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the
territory to be annexed; and
WHEREAS, the Mayor 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 Mayor and 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 Mayor and 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. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Conformation of Finding in Resolution of Intention. The Mayor and City
Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.
SECTION 3.Findings Regarding Protests. The Mayor and City Council finds and
determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and
Packet Pg.166
Resolution No. 2022-163
Resolution 2022-163
August 3, 2022
Page 3 of 6
4
7
6
the levy of the special tax within such territory are insufficient in number and in amount under the
Act, and the Mayor and City Council hereby further orders and determines that all such protests
are hereby overruled.
SECTION 4.Findings Regarding Prior Proceedings. The Mayor and City Council finds
and determines that all prior proceedings had and taken by the Mayor and City Council with respect
to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements
of the Act.
SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where
funds are otherwise available, subject to the approval of the qualified electors of territory proposed
to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including
incidental expenses as described in the Resolution of Intention), secured by recordation of a
continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in
CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special
tax are specified in Exhibit B hereto.
SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is
based on the cost of making the Services available to each parcel, or other reasonable basis, and is
not based on or upon the ownership of real property.
SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North
“E” Street, San Bernardino, California 92401, is hereby designated as the office that will be
responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel
number and that will be responsible for estimating future special tax levies pursuant to Government
Code section 53340.2. The Public Works Director may cause these functions to be performed by
his or her deputies, assistants, or other designated agents.
SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California
Government Code, the City shall create a separate account into which tax proceeds will be
deposited; and the Public Works Director annually shall file a report with the Mayor and 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 Mayor and 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 3, 2022, and shall be conducted as follows:
(a) Qualified Electors. The Mayor and 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 June 13, 2022 (a date
within the 90 days preceding the close of the public hearing on the territory proposed to be annexed
to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be
annexed, and each landowner who was the owner of record at the close of the hearing shall have
Packet Pg.167
Resolution No. 2022-163
Resolution 2022-163
August 3, 2022
Page 4 of 6
4
7
6
one vote for each acre or portion of an acre of land that such landowner owns within the territory
proposed to be annexed to CFD No. 2019-1.
(b) Consolidation of Elections; Combination of Propositions on Ballot. The
election on the question of levying the special tax and establishing an appropriations limit for CFD
No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot
proposition for submission to the voters, as authorized by Government Code Section 53353.5.
(c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the
election shall be conducted as a mail ballot election. The Mayor and City Council hereby ratifies
the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed
to CFD No. 2019-1. The Mayor and City Council hereby ratifies the form of the ballot, which is
attached hereto as Exhibit C.
(d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up
to 7:00 p.m. on August 3, 2022. The City Clerk shall have available ballots that may be marked
at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the
City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns
of the special election as soon as the election is closed (on August 3, 2022, or when all qualified
electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk
shall declare the results of the election.
(f) Declaration of Results. The Mayor and 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 Mayor and City Council
hereby directs the City Clerk to file a copy of this resolution and the annexation map of the
boundaries of CFD No. 2019-1 in her office.
SECTION 11. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 12. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 13. Effective Date. This Resolution shall become effective immediately.
Packet Pg.168
Resolution No. 2022-163
Resolution 2022-163
August 3, 2022
Page 5 of 6
4
7
6
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.169
Resolution No. 2022-163
Resolution 2022-163
August 3, 2022
Page 6 of 6
4
7
6
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. 2022-163, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.170
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 18 is currently comprised of one (1) parcel, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Number (APN).
APN Owner Name
0142-325-04 RGC Family Trust
Packet Pg.171
EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof
associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any
other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
Packet Pg.172
City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non‐Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.
Packet Pg.173
City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non‐residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi‐Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
Packet Pg.174
City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non‐Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi‐Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi‐family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s
Packet Pg.175
City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:
Packet Pg.176
City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
Packet Pg.177
City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Packet Pg.178
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services)
Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
Packet Pg.179
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
Packet Pg.180
City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
Packet Pg.181
City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019‐1.
TAX ZONE 19
TR 20258
Item Description Estimated Cost
1 Streets $1,663
2 Parks $780
3 Graffiti $33
4 Reserves $50
5 Admin $1,000
Total $3,526
Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax
B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may
have Special Tax B Contingent Services being provided.
TAX ZONE 19
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Single‐Family Residential RU $588 $0
Multi‐Family Residential RU $588 $0
Non‐Residential Property Acre $3,371 $0
TAX ZONE 19
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $3,371 $0
Packet Pg.182
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center
LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP
17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson
18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust
19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 To Be Determined
22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange
County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
Packet Pg.183
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any
portions adjacent to the properties within CFD No. 2019‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the
benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019‐1 before CFD No. 2019‐1 was created.
Packet Pg.184
City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
Packet Pg.185
EXHIBIT C
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 18
(August 3, 2022)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
RGC Family Trust 1.05 2
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July
20, 2022, 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 3, 2022,
at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the public
meeting on August 3, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg.186
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
RGC Family Trust
Attn: Roger Chi
117 W. Las Flores Ave.
Arcadia, CA 91007
0142-325-04
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the 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 June 15,
2022 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 18 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” 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?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
RGC Family Trust
By. Roger Chi
Owner
Signature
Print Name
Title
Packet Pg.187
Resolution No. 2022-164
Resolution 2022-164
August 3, 2022
Page 1 of 3
4
8
0
RESOLUTION NO. 2022-164
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA
DECLARING ELECTION RESULTS FOR FACILITIES
DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 18)
WHEREAS, the Mayor and City Council (the "City Council") of the City of San
Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed
to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of
the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of
the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted
a resolution calling a special election for August 3, 2022, 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
3, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk –
in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has
been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special
election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on
said basis that the special mailed-ballot election was closed; and
WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s
Certificate of Election Results and wishes by this resolution to declare the results of the special
mailed-ballot election;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that
the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No.
2019-1 has been passed and approved by those qualified electors in accordance with Sections
53328 and 53329 of the Government Code.
SECTION 3.Annexation. This Council hereby finds, determines and declares that
pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized
to determine that the territory to be annexed has been added to and become a part of the CFD No.
2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said
Packet Pg.188
Resolution No. 2022-164
Resolution 2022-164
August 3, 2022
Page 2 of 3
4
8
0
Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs
of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-131
adopted by the Mayor and City Council on June 15, 2022. The boundaries of the territory annexed
are shown on the map entitled, "Annexation Map No. 18 Community Facilities District No. 2019-1
(Maintenance Services)" a copy of which was recorded, on June 21, 2022, in Book 90 of Maps of
Assessment and Community Facilities Districts at Page 38, 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 Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.189
Resolution No. 2022-164
Resolution 2022-164
August 3, 2022
Page 3 of 3
4
8
0
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. 2022-164, adopted at a regular meeting held on the 3rd day of August 2022 by the
ollowing vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.190
EXHIBIT A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 18
CERTIFICATE OF ELECTION RESULTS
I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may
be, hereby certify:
In connection with the special mailed-ballot election called by the City Council (the
“City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of
the City Council for the annexation of territory to the above-entitled community facilities district, I
personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and
marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole
landowner of the land within the boundary of the above-entitled community facilities district in the
Certificate Regarding Registered Voters and Landowners, date June 27, 2022, and on file in the
office of the City Clerk of the City in connection with the City Council actions on that date. Copies
of the completed waiver and consent form and the completed ballot received by me and on file in
my office are attached hereto.
Following such receipt, I have personally, and in the presence of all persons
present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify
the result of that count to be that the ballot was cast in favor of the measure.
Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor
of the ballot measure, the measure has therefore passed.
Landowner
Qualified
Landowner Votes Votes Cast YES NO
RGC Family Trust 2 2
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 ____________, 2022.
Genoveva Rocha, CMC
City Clerk
City of San Bernardino
By:
(Attach completed copies of Waiver/Consent and Ballot)
Packet Pg.191
Ordinance No. MC-1590
1
4
8
3
ORDINANCE NO. MC-1590
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 2022-2023 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 Mayor and 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 3, 2022, at the time and place specified in said published and
mailed notice, the Mayor and 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 Mayor and City Council adopted resolutions
entitled "Resolution of the Mayor and City Council of the City of San Bernardino Establishing
Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed
Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing
the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community
Facilities District" (the "Resolution of Formation") which resolution established the Community
Facilities District, authorized the levy of a special tax within the District, and called an election
Packet Pg.192
Ordinance No. MC-1590
2
4
8
3
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 Mayor and 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 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2022.
John Valdivia, Mayor
City of San Bernardino
Packet Pg.193
Ordinance No. MC-1590
3
4
8
3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.194
Ordinance No. MC-1590
4
4
8
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1590, introduced by the Mayor and City Council of the City of San
Bernardino, California, at a regular meeting held the 3rd day of August 2022. Ordinance No. MC-
____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.195
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Pg.196
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of August 17, 2022)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC
0348-111-52, 0261-031-10, -11,
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
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC
0134-054-02 (Por.), -07 (Por.),
-08(Por.), -09 (Por.), -20 (Por.),
-24, -25, -33
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 To Be Determined
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
Packet Pg.197
Packet Pg.198
Packet Pg.199
Packet Pg.200
Packet Pg.201
Packet Pg.202
This space for filing stamp only
OR #:
O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542
Telephone (714) 543-2027 / Fax (714) 542-6841
PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:
Ad Description:
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the
ORANGE COUNTY REPORTER, a newspaper published in the English
language in the City of Santa Ana, and adjudged a newspaper of general
circulation as defined by the laws of the State of California by the Superior
Court of the County of Orange, State of California, under date of June 2, 1922,
Case No. 13,421. That the notice, of which the annexed is a printed copy, has
been published in each regular and entire issue of said newspaper and not in
any supplement thereof on the following dates, to-wit:
Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and
correct.
Signature
SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 3605076
PERLA LOPEZ
CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.
SAN BERNARDINO, CA - 92401
HRGSB - NOTICE OF HEARING-SB
Notice of PH Annex 18
I am a citizen of the United States and a resident of the State of California; I am
over the age of eighteen years, and not a party to or interested in the above
entitled matter. I am the principal clerk of the printer and publisher of the SAN
BERNARDINO COUNTY SUN, a newspaper published in the English language
in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged
a newspaper of general circulation as defined by the laws of the State of
California by the Superior Court of the County of SAN BERNARDINO, State of
California, under date 06/27/1952, Case No. 73081. That the notice, of which
the annexed is a printed copy, has been published in each regular and entire
issue of said newspaper and not in any supplement thereof on the following
dates, to-wit:
07/15/2022
07/15/2022
SAN BERNARDINO
!A000006070238!
Email
NNOTI CE OF PUB LIC HEARI NG
OON I NTENTIO N TO ANNEX
TERRITORY TO AN EXISTI NG
COMMUNITY FA CILITIES
DISTRI CT 2019-1
(MAINTENANCE SERVICES)
(ANNEXATION NO.18)
NOTICE I S HEREBY GIV EN that
the City Council of the City of San
Bernardino on June 15, 2022 adopted
its Resolution No. 2022-131, 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 HEREB Y FURTHER
GIVEN that the City Council has
fixed 7:00 p.m., or as soon thereafter
as practicable, Wednesday, August
3, 2022 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 August 3, 2022
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: July 12
th, 2022
Genoveva Rocha
City Clerk of the City of San
Bernardino
PUB: July 15
th, 2022
Packet Pg.203
7/15/22
SSBS-3605076#
Packet Pg.204
Public Hearing
CFD No. 2019-1 Annexation No. 18:
TR 20258 (RGC Family Trust)
Presented by Alex Qishta City Engineer
Packet Pg.205
Public Hearing on CFD 2019-1 Annexation No. 18
Recommended Action
1. CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS:
A. HOLD PUBLIC HEARING,
B. ADOPT A RESOLUTION CALLING THE ELECTION,
C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION,
D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION;
AND
2. UPON APPROVAL OF THE PRECEDING RESOLUTIONS, INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO. MC-1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD NO. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE
FUTURE); AND
3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR AUGUST 17, 2022.
Packet Pg.206
Public Hearing on CFD 2019-1 Annexation No. 18
Discussion
•The Property Owner, RGC Family Trust, has requested the City
assist them in annexing territory into CFD No. 2019-1 to cover
the costs associated with the maintenance of Public
Improvements.
•The area proposed within Annexation No. 18 includes one
parcel APN 0142-325-04.
•On June 15, 2022 the City Council adopted Resolution No.
2022-131, a Resolution of Intention to annex these properties
into CFD No. 2019-1 and hold a Public Hearing on August 3,
2022. The property owner consented to waiving certain time
restriction and conduct the election the same night.
Packet Pg.207
Public Hearing on CFD 2019-1 Annexation No. 18
Discussion (Cont.)
•The proposed maximum annual tax of $588 per unit will be
included in CFD No. 2019-1 as Tax Zone 19.
•The maximum annual tax is proposed to escalate each year
at the greater of Consumer Price Index (CPI) or 2%.
Packet Pg.208
Public Hearing on CFD 2019-1 Annexation No. 18
Discussion (Cont.)
•The services, which may be funded with proceeds of the special
tax include:
•All costs attributable to Maintenance of median landscaping and other
public improvements installed within the public rights-of-way
•Public lighting including street lights and traffic signals,
•Maintenance of streets, including pavement management, and street
sweeping,
•Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
•In addition to the costs of the forgoing services, proceeds of the special tax
may be expended to pay administrative expenses and for the collection of
reserve funds.
Packet Pg.209
Project Location
Packet Pg.210
Public Hearing on CFD 2019-1 Annexation No. 18
Fiscal Impact
•It is anticipated that at build-out the total Special Tax
revenues to pay for maintenance costs will be
approximately $3,526. All costs associated with the
annexation is borne by the Developer. There is no fiscal
impact to the City’s General Fund.
Packet Pg.211
Questions?
Packet Pg.212
MARVIN DRDALLAS AVEROSALIND AVESIXTH ST
VICTORIA ST
MERIDIAN AVESPRUCE ST
^_
·|}þ259
·|}þ18
·|}þ210
§¨¦215£¤66
£¤66
MIL L ST
16TH ST
SPRUCE ST
SIERRA WAYWATERMAN AVENINTH ST
CAMPUS WAY
2ND ST
MAGNOLIA AVE
ORANGE SHOW RD
4TH ST
RANCHO AVE17TH S T
BASE LINE ST
SECOND S T
PEPPER AVCFD NO. 2019-1 (MAINTENAN CE SERVICES)ANNEXATION NO. 18
PROJECT MAP
Packet Pg.213
Public Hearing
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Nathan R. Freeman, Agency Director, Community, Housing, and Economic
Development;
Oliver Mujica, Planning Division Manager
Subject: Development Code Amendment 22-03 (Accessory Dwelling Units) (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC-
1591 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 22-03 amending Section
19.04.030(2)(P)(6)(a)(i) (Specific ADU Requirements) of the City of San
Bernardino Municipal Code (Title 19) to increase the maximum size of a detached
or attached Accessory Dwelling Unit from 1,000 square feet to 1,200 square feet;
and finding the Ordinance is exempt under the California Environmental Quality
Act (Attachment 1) (Attachment 1); and
2) Schedule the adoption of the above Ordinance for the regularly scheduled
meeting of the Mayor and City Council on August 17, 2022.
Background
The State of California has identified an Accessory Dwelling Unit as providing an
important housing option to both renters and homeowners. Due to their limited size,
Accessory Dwelling Units typically cost less to construct than other types of housing,
provide convenient housing for family members, help ease a severe shortage of rental
housing in the state, maximize limited land resources, and assist homeowners with
supplemental income.
On April 21, 2021, the Mayor and City Council introduced Ordinance No. MC-1559
approving Development Code Amendment 21-01 amending Title 19 (Development Code)
of the City of San Bernardino Municipal Code establishing the standards for Accessory
Packet Pg.214
Dwelling Units. The second reading was conducted on May 5, 2021, and the Ordinance
became effective on June 5, 2021.
The California Government Code gave local jurisdictions the authority to adopt restrictions
regarding the following:
The maximum unit size of a detached or attached Accessory Dwelling
Unit may be limited up to 1,200 square feet. The City adopted a
maximum size of up to 1,000 square feet.
There is no maximum height limitation for a detached or attached
Accessory Dwelling Unit. The City adopted a maximum height of one (1)
story up to sixteen (16) feet.
Since the adoption of Ordinance No. MC-1559, the Mayor and City Council directed Staff
to return with an amendment to increase the maximum allowable size of ADU’s from 1,000
square feet to 1,200 square feet.
On April 12, 2022, the Planning Commission conducted a public hearing on this item, and
deliberated on the following:
In considering the appropriate square footage for the maximum size of a
detached and attached ADU, the Planning Commission noted the variety of
lot sizes within the City and the varying size of existing single-family
residences. In some areas of the City, the size of the properties within the
residential neighborhoods may not be sufficient in size to accommodate a
detached or attached ADU without impacting the aesthetics of the
neighborhood because of the potential for over-building the properties and
thus invading the privacy of the neighbors.
After closing the public hearing, Vice Chairperson Armstead made a motion and
seconded by Commissioner Quiel to forward a recommendation of denial to the Mayor
and City Council regarding Development Code Amendment 22-03, and the motion
passed by the following vote:
Ayes: Flores, Lewis, Lopez, Morales, Quiel, Sanchez, Armstead and
Guerrero
Nays: None
On May 10, 2022, Resolution No. 2022-019 ratifying the Planning Commission’s decision
recommending denial of Development Code Amendment 22-03 was presented to the
Planning Commission for their consideration of ratification. During their deliberation, the
Planning Commission continued this item to their Regular Meeting on June 14, 2022 and
clarified their findings for their recommendation of denial, as follows:
Finding No. 1: The proposed amendment is not consistent with the General
Plan.
Packet Pg.215
The adoption and implementation of Development Code
Amendment 22-03 is not consistent with the City’s General
Plan by allowing for the development of Accessory Dwelling
Units within the single-family residential and multi-family
residential zones in a manner that will not prevent negative
impacts to the existing residential neighborhoods and the
community at-large. There is a variety of lot sizes within the
City and varying sizes of existing single-family residences. In
some areas of the City, the size of the properties within the
residential neighborhoods may not be sufficient in size to
accommodate a detached or attached Accessory Dwelling
Units without impacting the aesthetics of the neighborhood
because of the potential for over-building the properties and
thus invading the privacy of the neighbors.
Finding No. 2: The proposed amendment would be detrimental to the public
interest, health, safety, convenience, or welfare of the City.
The adoption and implementation of Ordinance No. MC-1559
establishing the standards for Accessory Dwelling Units was
necessary and desirable for the development of the
community and is in the interests or furtherance of the public
health, safety, convenience, and general welfare. In enacting
the aforementioned legislation, the State Legislature identified
Accessory Dwelling Units has an important housing option for
renters and homeowners, given the undersupply of housing
that exists in the State. Ordinance No. MC-1559 brought the
City’s Development Code into compliance with these
aforementioned statutes. Increasing the maximum size of
detached and attached Accessory Dwelling Units will impact
the aesthetics of the neighborhood because of the potential
for over-building the properties and thus invading the privacy
of the neighbors.
On June 14, 2022, Resolution No. 2022-019 recommending denial of Development Code
Amendment 22-03 was unanimously ratified by the Planning Commission (Attachment
2).
Given the City Council’s direction to process this Development Code Amendment, staff is
presenting this item for approval.
Public Hearing Noticing
July 23, 2022: Legal advertisement was published in the San Bernardino Sun
Newspaper (Attachment 3).
Discussion
Packet Pg.216
Under proposed Development Code Amendment 22-03, Section 19.04.030(2)(P)(6)(a)(i)
(Specific ADU Requirements) of the City of San Bernardino Development Code will be
amended to read, as follows:
“a. Maximum Size.
i. The maximum size of a detached or attached ADU subject to
this subsection (6) is 1,200 850 square feet for a studio or one-
bedroom unit and 1,000 square feet for a unit with two or
more bedrooms.”
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future
Accessory Dwelling Units, as follow:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique
Neighborhoods.
Land Use Element Policy 2.1.1: Actively enforce development standards,
design guidelines, and policies to preserve and enhance the character of
San Bernardino’s neighborhoods.
San Bernardino contains a wide range of neighborhoods accommodating an assortment
of lifestyles: from the urban downtown multiple-family dwellings, to student housing, to
new and older suburban enclaves, to hillside and golf course estates, to rural estates.
Each neighborhood has, or can have, its own unique character that is a source of pride
for the residents. Neighborhood character is defined by many factors: what the
neighborhood looks like, what it feels like, how well it is maintained, etc. But more
importantly, it is an image in the minds of those who live and work there and in the
perceptions of those who visit. Some neighborhoods in San Bernardino are a source of
pride for residents, as reflected by the quality of their homes, the diversity of their
residents, the beauty of their streetscapes, and the availability of and access to, open
space and recreation opportunities. Other neighborhoods are in need of assistance to
help maintain, upgrade, and improve safety and aesthetics. One thing for certain in the
vision for San Bernardino is that there is a strong desire to maintain, enhance, and
improve the various neighborhoods in the community.
The adoption and implementation of Development Code Amendment 22-03 is consistent
with the City’s General Plan by allowing for the development of detached and attached
Accessory Dwelling Units within the residential zones in a manner that will prevent
negative impacts to the existing residential neighborhoods and the community at-large.
While at the same time, as regulated by Development Code Amendment 22-03, new
Accessory Dwelling Units will serve the City’s housing needs in compliance with California
Government Code § 65852.2 and § 65852.22.
2020-2025 Key Strategic Targets and Goals
Development Code Amendment 22-03 aligns with Key Target No. 4: Economic Growth
and Development, under 4(b): Update the General Plan and Development Code.
Packet Pg.217
Specifically, the amendment to the Development Code for Accessory Dwelling Units
proposed under Development Code Amendment 22-03 will ensure that the City’s
Development Code is consistent with State law.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with
proposed Development Code Amendment 22-03 and concluded that it is exempt from
CEQA under Public Resources Code Section 21080.17 and California Code of
Regulations, Title 14, Chapter 3, Section 15282(h). Moreover, this Ordinance is exempt
from further environmental review under CEQA pursuant to Title 14 of the California Code
of Regulations Section 15060(c)(1), as it implements provisions of Government Code
Sections 65852.2 and 65852.22, which require ministerial review and approval of
accessory dwelling units and junior accessory dwelling units, and, therefore, does not
involve the exercise of discretionary powers by the City.
Conclusion
It is recommended that the Mayor and City Council:
1) Introduce, read by title only, and waive further reading of Ordinance
No. MC-1591 of the Mayor and City Council of the City of San
Bernardino, California, approving Development Code Amendment
22-03 amending Section 19.04.030(2)(P)(6)(a)(i) (Specific ADU
Requirements) of the City of San Bernardino Municipal Code (Title 19)
to increase the maximum size of a detached or attached Accessory
Dwelling Unit from 1,000 square feet to 1,200 square feet; and finding
the Ordinance is exempt under the California Environmental Quality
Act (Attachment 1) (Attachment 1); and
2) Schedule the adoption of the above Ordinance for the regularly
scheduled meeting of the Mayor and City Council on August 17, 2022.
Attachments
Attachment 1 Ordinance No. MC-1591 (Accessory Dwelling Units)
Attachment 2 Planning Commission Resolution No. 22-019
Attachment 3 Proof of Publication – Public Hearing Notice
Ward: All Wards
Synopsis of Previous Council Actions:
April 21, 2021 Mayor and City Council introduced Ordinance No. MC-1559
approving Development Code Amendment 21-01
May 5, 2021 Mayor and City Council conducted the second reading.
Packet Pg.218
ORDINANCE NO. MC-1591
1
5
5
3
ORDINANCE NO. MC-1591
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 22-03
AMENDING SECTION 19.04.030(2)(P)(6)(a)(i) (SPECIFIC
ADU REQUIREMENTS) OF THE CITY OF SAN
BERNARDINO MUNICIPAL CODE (TITLE 19) TO
INCREASE THE MAXIMUM SIZE OF A DETACHED AND
ATTACHED ACCESSORY DWELLING UNIT FROM 1,000
SQUARE FEET TO 1,200 SQUARE FEETS; AND FINDING
THE ORDINANCE IS EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.
WHEREAS, on September 27, 2016, the Governor signed Assembly Bill 2299 and Senate
Bill 1069 amending Government Code §65852.2 as it pertained to the development of Accessory
Dwelling Units (ADUs); and
WHEREAS, on January 1, 2017, amended Government Code §65852.2 came into effect
nullifying Section 19.04.030(2)(P) of the City of San Bernardino Development Code regarding
Accessory Dwelling Units; and
WHEREAS, on October 8, 2017, the Governor signed Assembly Bill 494 and Senate Bill
229 further amending Government Code §65852.2 as it pertained to the development of Accessory
Dwelling Units (ADUs); and
WHEREAS, on October 9, 2019, the Governor signed Assembly Bill 494 and Senate Bill
229 further amending Government Code §65852.2 and §65852.22 as they pertained to the
development of Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units
(JADUs); and
WHEREAS, on September 28, 2020, the Governor signed Assembly Bill 3182 further
amending Government Code §65852.2 and §65852.22 as they pertained to the development of
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs); and
WHEREAS, on January 1, 2021, amended Government Code §65852.2 and §65852.22
came into effect; and
WHEREAS, on April 21, 2021, the Mayor and City Council introduced Ordinance No.
MC-1559 approving Development Code Amendment 21-01 amending Title 19 (Development
Code) of the City of San Bernardino Municipal Code establishing the standards for Accessory
Dwelling Units. The second reading was conducted on May 5, 2021, and the Ordinance became
effective on June 5, 2021; and
Packet Pg.219
ORDINANCE NO. MC-1591
2
5
5
3
WHEREAS, the California Government Code gave local jurisdictions the authority to
adopt restrictions regarding the following:
The maximum unit size of a detached or attached Accessory Dwelling Unit
may be limited up to 1,200 square feet. The City adopted a maximum size
of up to 1,000 square feet.
There is no maximum height limitation for a detached or attached Accessory
Dwelling Unit. The City adopted a maximum height of one (1) story up to
sixteen (16) feet; and
WHEREAS, since the adoption of Ordinance No. MC-1559, the Mayor and City Council
directed Staff to return with an amendment to increase the maximum allowable size of ADU’s
from 1,000 square feet to 1,200 square feet; and
WHEREAS, Development Code Amendment 22-03 is a City-initiated amendment to
Section 19.04.030(2)(P)(6)(a) (Specific ADU Requirements) of the City of San Bernardino
Municipal Code (Title 19) to increase the maximum size of a detached or attached Accessory
Dwelling Unit from 1,000 square feet to 1,200 square feet; and
WHEREAS, the Planning Division of the Community and Economic Development
Department of the City of San Bernardino has prepared Development Code Amendment 22-03
consistent with the City of San Bernardino General Plan and compliance with the City of San
Bernardino Development Code; and
WHEREAS, pursuant to requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community and Economic Development Department
evaluated Development Code Amendment 22-03 and determined that it is exempt from CEQA
under Public Resources Code Section 21080.17 and California Code of Regulations, Title 14,
Chapter 3, Section 15282(h), and is exempt from further environmental review under CEQA
pursuant to Title 14 of the California Code of Regulations Section 15060(c)(1), as it implements
provisions of Government Code Sections 65852.2 and 65852.22, which require ministerial review
and approval of accessory dwelling units and junior accessory dwelling units, and, therefore, does
not involve the exercise of discretionary powers by the City; and
WHEREAS, on April 12, 2022, the Planning Commission conducted a public hearing on
Development Code Amendment 22-03, and deliberated on the following:
In considering the appropriate square footage for the maximum size of a
detached and attached ADU, the Planning Commission noted the variety of lot
sizes within the City and the varying size of existing single-family residences. In
some areas of the City, the size of the properties within the residential
neighborhoods may not be sufficient in size to accommodate a detached or
attached ADU without impacting the aesthetics of the neighborhood because of
the potential for over-building the properties and thus invading the privacy of the
neighbors.
Packet Pg.220
ORDINANCE NO. MC-1591
3
5
5
3
WHEREAS, after closing the public hearing, Vice Chairperson Armstead made a motion and
seconded by Commissioner Quiel to forward a recommendation of denial to the Mayor and City Council
regarding Development Code Amendment 22-03, and the motion passed by the following vote:
Ayes: Flores, Lewis, Lopez, Morales, Quiel, Sanchez, Armstead and Guerrero
Nays: None
WHEREAS, on May 10, 2022, Resolution No. 2022-019 ratifying the Planning Commission’s
decision recommending denial of Development Code Amendment 22-03 was presented to the Planning
Commission for their consideration of ratification. During their deliberation, the Planning Commission
continued this item to their Regular Meeting on June 14, 2022 and clarified their findings for their
recommendation of denial, as follows:
Finding No. 1: The proposed amendment is not consistent with the General Plan.
The adoption and implementation of Development Code Amendment
22-03 is not consistent with the City’s General Plan by allowing for the
development of Accessory Dwelling Units within the single-family
residential and multi-family residential zones in a manner that will not
prevent negative impacts to the existing residential neighborhoods and
the community at-large. There is a variety of lot sizes within the City
and varying sizes of existing single-family residences. In some areas of
the City, the size of the properties within the residential neighborhoods
may not be sufficient in size to accommodate a detached or attached
Accessory Dwelling Units without impacting the aesthetics of the
neighborhood because of the potential for over-building the properties
and thus invading the privacy of the neighbors.
Finding No. 2: The proposed amendment would be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
The adoption and implementation of Ordinance No. MC-1559
establishing the standards for Accessory Dwelling Units was necessary
and desirable for the development of the community and is in the
interests or furtherance of the public health, safety, convenience, and
general welfare. In enacting the aforementioned legislation, the State
Legislature identified Accessory Dwelling Units has an important
housing option for renters and homeowners, given the undersupply of
housing that exists in the State. Ordinance No. MC-1559 brought the
City’s Development Code into compliance with these aforementioned
statutes. Increasing the maximum size of detached and attached
Accessory Dwelling Units will impact the aesthetics of the
neighborhood because of the potential for over-building the properties
and thus invading the privacy of the neighbors.
WHEREAS, on June 14, 2022, Resolution No. 2022-019 recommending denial of
Development Code Amendment 22-03 was unanimously ratified by the Planning Commission; and
Packet Pg.221
ORDINANCE NO. MC-1591
4
5
5
3
WHEREAS, notice of the August 3, 2022 public hearing for the Mayor and City Council's
consideration of this proposed Ordinance was published in The Sun newspaper on July 23, 2022
in accordance with Development Code Chapter 19.52; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Ordinance No. MC-____.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Compliance with the California Environmental Quality Act. As the
decision-making body for the project, the Mayor and City Council has reviewed and considered
the information contained in the administrative record for Development Code Amendment 22-03.
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 (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA
Guidelines;
(2) Development Code Amendment 22-03 is exempt from CEQA under Public Resources
Code Section 21080.17 and California Code of Regulations, Title 14, Chapter 3, Section 15282(h).
Moreover, this Ordinance is exempt from further environmental review under CEQA pursuant to
Title 14 of the California Code of Regulations Section 15060(c)(1), as it implements provisions of
Government Code Sections 65852.2 and 65852.22, which require ministerial review and approval
of accessory dwelling units and junior accessory dwelling units, and, therefore, does not involve
the exercise of discretionary powers by the City; and
(3) The determination of CEQA exemption reflects the independent judgment of the Mayor
and City Council.
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-03:
Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires
that Development Code Amendments meet certain finding prior to approval by the Mayor and City
Council. Accordingly, the following findings are provided in support of the approval of
Development Code Amendment 22-03:
Finding No. 1:The proposed amendment is consistent with the General Plan.
Packet Pg.222
ORDINANCE NO. MC-1591
5
5
5
3
Finding of Fact:Development Code Amendment 22-03 is consistent with the General Plan,
as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s
unique Neighborhoods.
Land Use Element Policy 2.1.1: Actively enforce
development standards, design guidelines, and policies to
preserve and enhance the character of San Bernardino’s
neighborhoods.
San Bernardino contains a wide range of neighborhoods accommodating an
assortment of lifestyles: from the urban downtown multiple-family
dwellings, to student housing, to new and older suburban enclaves, to
hillside and golf course estates, to rural estates. Each neighborhood has, or
can have, its own unique character that is a source of pride for the residents.
Neighborhood character is defined by many factors: what the neighborhood
looks like, what it feels like, how well it is maintained, etc. But more
importantly, it is an image in the minds of those who live and work there
and in the perceptions of those who visit. Some neighborhoods in San
Bernardino are a source of pride for residents, as reflected by the quality of
their homes, the diversity of their residents, the beauty of their streetscapes,
and the availability of and access to, open space and recreation
opportunities. Other neighborhoods are in need of assistance to help
maintain, upgrade, and improve safety and aesthetics. One thing for certain
in the vision for San Bernardino is that there is a strong desire to maintain,
enhance, and improve the various neighborhoods in the community.
The adoption and implementation of Development Code Amendment 22-
03 is consistent with the City’s General Plan by allowing for the
development of Accessory Dwelling Units within the single-family
residential and multi-family residential zones in a manner that will prevent
negative impacts to the existing residential neighborhoods and the
community at-large. While at the same time, as regulated by Development
Code Amendment 22-03, new Accessory Dwelling Units will serve the
City’s housing needs in compliance with California Government Code
§65852.2 and §65852.22.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 22-
03 is necessary and desirable for the development of the community and is
in the interests or furtherance of the public health, safety, convenience, and
general welfare. In enacting the aforementioned legislation the State
Legislature identified Accessory Dwelling Units (ADU) has an important
housing option for renters and homeowners, given the undersupply of
Packet Pg.223
ORDINANCE NO. MC-1591
6
5
5
3
housing that exists in the State. Development Code Amendment 22-03 will
bring the City’s Development Code into compliance with these
aforementioned statutes.
SECTION 4.Section 19.04.030(2)(P)(6)(a)(i) (Specific ADU Requirements) of the City
of San Bernardino Municipal Code (Title 19) is hereby amended to read as follows:
“a. Maximum Size.
i. The maximum size of a detached or attached ADU subject
to this subsection (6) is 1,200 square feet.”
SECTION 5.Notice of Exemption: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Exemption with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.224
ORDINANCE NO. MC-1591
7
5
5
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1591, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held on the 3rd day of August, 2022, and adopted by the City Council of the
City of San Bernardino, California, at a regular meeting held on the ___ day of _________, 2022
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________,
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.225
Packet Pg.226
Packet Pg.227
Packet Pg.228
Packet Pg.229
Packet Pg.230
Packet Pg.231
Packet Pg.232
CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN
BERNARDINO COUNTY SUN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
JESSICA NAMETZ
SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA 92418
HRGSB NOTICE OF HEARING-SB
NOTICE OF PUBLIC HEARING Wednesday, August 3, 2022
07/23/2022
Notice Type:
Ad Description
COPY OF NOTICE
3607667
!A000006072105!
The charge(s) for this order is as follows. An invoice will be sent after the last
date of publication. If you prepaid this order in full, you will not receive an
invoice.
Packet Pg.233
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, August 3, 2022 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 W. 6th Street, San Bernardino, California 92410, on the following item(s):
DEVELOPMENT CODE AMENDMENT 22-03 – A City-initiated amendment to Section 19.04.030(2)(P)(6)(a)(i) of the City of San Bernardino Municipal Code (Title 19) to increase the maximum size of a detached Accessory Dwelling Unit from 1,000 square feet to 1,200 square feet.
Environmental Determination: Statutorily Exempt under the California Environmental Quality Act (“CEQA”), pursuant to Section 15282(h) (Other Statutory Exemp-tions) of the State CEQA Guidelines.Applicant: City of San Bernardino – Community and Economic Development Department
DEVELOPMENT CODE AMENDMENT 22-04 - A City-initiated amendment to Section 19.06.030(2)(B) Article II Section III(A) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for a new alcoholic beverage sales activity from a sensitive land uses.
Environmental Determination: Statutory Exemption, pursuant to Section 15061(b)(3) (Re-view for Exemption) of the State CEQA Guidelines.Applicant: City of San Bernardino – Community and Economic Development Department
The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002.
If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing.
Submitted: July 19, 2022Publish: July 23, 2022 (Display Ad)
CNSB 3607667
Packet Pg.234
4
8
7
PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Nathan Freeman, Agency Director of Community, Housing, and
Economic Development
Department:Community & Economic Development (CED)
Subject:Development Code Amendment 22-04 (Alcoholic Beverage
Sales Locational Restrictions) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC-
1592 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 22-04 amending Section
19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational
Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol
Beverage Sales – Permit Application) of the City of San Bernardino Municipal
Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for
new alcoholic beverage sales activities from sensitive land uses; and finding the
Ordinance is exempt under the California Environmental Quality Act (Attachment
1); and
2) Schedule the adoption of the above Ordinance for the regularly scheduled
meeting of the Mayor and City Council on August 17, 2022.
Background
An application for a convenience store with an Alcoholic Beverage Control (ABC) off-
sale license requires the approval of a Conditional Use Permit by the Planning
Commission. Additionally, the California Department of Alcoholic Beverage Control
(ABC) has established license concentration standards allowing for a maximum of ABC
Packet Pg.235
4
8
7
off-sale licenses within the census tracts. If a new ABC off-sale license will cause the
subject census tract to become over concentrated with ABC off-sale licenses, the
Conditional Use Permit also requires a Public Convenience or Necessity Letter
application for consideration by the Planning Commission.
The Police Department reviews all Conditional Use Permit ABC off-sale license
applications and conducts an investigation based upon the information provided to
report alcohol related and other crimes that have been reported during the previous
calendar year within half-mile of the subject reporting district. The Police Department
also provides appropriate recommended Conditions of Approval to ensure that the sale
of alcohol will not be detrimental to the surrounding area.
With the continued increase in the number of convenience store applications there has
also been an increase in the number of requested ABC Type-20 (Off-Sale: Beer and
Wine) and ABC Type-21 (Off-Sale: General – Beer, Wine and Distilled Spirits)
Licenses. There has also been an increase in the number of census tracts with over
concentrations. The over concentration of ABC off-sale licenses creates the potential
for impairing the integrity and character of commercial corridors and may be
detrimental to sensitive land uses within the vicinity, such as schools, parks and places
of worship.
On April 12, 2022, the Planning Commission unanimously adopted Resolution No.
2022-020 forwarding a recommendation to the Mayor and City Council recommending
approval of Development Code Amendment 22-04 (Attachment 2).
Public Hearing Noticing
July 23, 2022: Legal advertisement was published in the San Bernardino Sun
Newspaper (Attachment 3).
Discussion
Under proposed Development Code Amendment 22-04, Section 19.06.030(2)(B)
Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational Restrictions) of the City
of San Bernardino Development Code will be amended to read, as follows:
“(A) Unless otherwise exempted under subsections B – H, a new alcoholic
beverage sales activity is not permitted within 1,000 500 feet of any of the
following locations:
1.A public or private state licensed or accredited school.
2.A public park, playground, recreational area, or youth facility,
including a nursery school, preschool, or day-care facility.
3.A place of worship or religious institution.
4.A hospital.
Packet Pg.236
4
8
7
5.An alcohol or other drug abuse recovery or treatment facility.
6.A county social service office.
(B) Establishments containing 10,000 square feet or more, including but
not limited to supermarkets and drugstores, which do not sell
alcoholic beverages as the principal business are exempt from the
locational restrictions.
(C) Sit down restaurants whose predominant function is the service of
food and where the on-site sale of alcoholic beverages is incidental
or secondary are exempt from these locational restrictions. An
incidental bar or lounge shall be allowed for the convenience of
dining patrons. (Establishments which are primarily a bar or lounge
or have a bar or lounge area as a principal or independent activity
are not included in this exemption.)
(D) All other establishments for on-site consumption of alcohol may be
exempted from the locational restrictions, subject to evaluation of
site-specific conditions through the Conditional Use Permit review
process and considering recommendations from the Police
Department.
(E) Specialty retail establishments that offer unique product lines or
variety of selection warranting a finding of public convenience or
necessity are exempt from the locational restrictions.
(F) An automobile service station convenience store that meets the
location criteria of Section 19.06.030(2)(T) may be exempted from
these locational restrictions, subject to evaluation of site-specific
conditions through the Conditional Use Permit review process and
considering recommendations from the Police Department.
(G) A fraternal organization or veterans club may be exempted from the
locational restrictions, subject to evaluation of site-specific conditions
through the Conditional Use Permit review process and considering
recommendations from the Police Department.
(H) Temporary uses issued a Temporary License by the California
Department of Alcoholic Beverage Control and established in
compliance with all City laws and regulations are exempt from the
locational restrictions.
(I) The following location conditions will be considered in the review of
Conditional Use Permit applications, and may be grounds for denial
Packet Pg.237
4
8
7
based on potential adverse effects to the public interest, health,
safety or convenience:
a. A location within a crime reporting district, or within 1,000 500
feet of a crime reporting district, where the general crime rate
exceeds the city-wide general crime rate by more than 20
percent.
b. A location where the new alcoholic beverage sales activity
would be within 1,000 500 feet from an existing alcoholic
beverage sales activity, or would lead to the grouping of more
than four alcoholic beverage sales activities within a 1,000
foot radius from the new alcoholic beverage sales activity.”
Under proposed Development Code Amendment 22-04, Section 19.06.030(2)(B)
Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of
San Bernardino Development Code will also be amended to read, as follows:
“(D) The name, address, and telephone number, if available, of all
existing schools, parks, playgrounds or recreational areas,
nonprofit youth facilities, places of worship, hospitals, alcohol
or other drug abuse recovery or treatment facilities or county
social service offices within 1,000 500 feet of the proposed
alcoholic beverage sales activity establishment.
(E) The name, address, and telephone number, if available, of all
alcoholic beverage sale activities within 1,000 500 feet of the
proposed alcoholic beverage sales activity establishment and
within a 1,000 foot radius from the proposed alcoholic
beverage sales activity establishment.”
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future
Accessory Dwelling Units, as follow:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique
Neighborhoods.
Land Use Element Policy 2.1.1: Actively enforce development
standards, design guidelines, and policies to preserve and enhance the
character of San Bernardino’s neighborhoods.
Land Use Element Policy 2.2.8: Control the location and number of
community-sensitive uses, such as alcohol sales, adult bookstores and
businesses, game arcades, and similar uses based on proximity to
residences, schools, religious facilities, and parks.
Packet Pg.238
4
8
7
Land Use Element Policy 2.2.9: Require Police Department review of
uses that may be characterized by high levels of noise, nighttime
patronage, and/or rates of crime; providing for the conditioning or control
of use to prevent adverse impacts on adjacent residences, schools,
religious facilities, and similar “sensitive” uses.
The adoption and implementation of Development Code Amendment 22-04 is
consistent with the City’s General Plan by regulating the location of alcoholic beverage
sales activities in order to prevent potential negative impacts to the existing sensitive
land uses and the community at-large and by minimizing the overconcentration of
alcoholic beverage sales activities. The Police Department will continue to review
applications for new alcoholic beverage sales to investigate crimes within a half-mile
of the respective reporting district.
2021-2025 Key Strategic Targets and Goals
Development Code Amendment 22-04 aligns with Key Target No. 4: Economic Growth
and Development, under No. 4(b): Update the General Plan and Development Code.
Specifically, the amendment to the Development Code for location regulations of
alcoholic beverage sales activities proposed under Development Code Amendment
22-04 will preserve the integrity of commercial corridors, residential neighborhoods
and sensitive land uses within the City.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with
proposed Development Code Amendment 22-04 and concluded that it is exempt from
CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due
to the fact that the proposed Development Code Amendment will not create significant
effects on the environment as it increases the locational restriction from 500 feet to
1,000 feet for a new alcoholic beverage sales activity from sensitive land uses.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1) Introduce, read by title only, and waive further reading of Ordinance No. MC-
1592 of the Mayor and City Council of the City of San Bernardino, California,
approving Development Code Amendment 22-04 amending Section
19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage Sales – Locational
Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol
Beverage Sales – Permit Application) of the City of San Bernardino Municipal
Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for
new alcoholic beverage sales activities from sensitive land uses; and finding the
Packet Pg.239
4
8
7
Ordinance is exempt under the California Environmental Quality Act (Attachment
1); and
2) Schedule the adoption of the above Ordinance for the regularly scheduled
meeting of the Mayor and City Council on August 17, 2022.
Attachments
Attachment 1 Ordinance No. MC-1592 (Alcoholic Beverage Sales
Locational Restrictions)
Attachment 2 Planning Commission Resolution No. 22-020
Attachment 3 Proof of Publication – Public Hearing Notice
Ward: All
Synopsis of Previous Council Actions: None
Packet Pg.240
ORDINANCE NO. MC-1592
1
5
5
2
ORDINANCE NO. MC-1592
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 22-04
AMENDING SECTION 19.06.030(2)(B) ARTICLE II
SECTION III(A)-(I) (ALCOHOL BEVERAGE SALES –
LOCATIONAL RESTRICTIONS) AND SECTION
19.06.030(2)(B) ARTICLE II SECTION VI(D)-(E) (ALCOHOL
BEVERAGE SALES – PERMIT APPLICATION) OF THE
CITY OF SAN BERNARDINO MUNICIPAL CODE (TITLE
19) TO INCREASE THE LOCATIONAL RESTRICTION
FROM 500 FEET TO 1,000 FEET FOR NEW ALCOHOLIC
BEVERAGE SALES ACTIVITIES FROM SENSITIVE LAND
USES; AND FINDING THE ORDINANCE IS EXEMPT
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was
adopted in May 1991; and
WHEREAS, an application for a new convenience store with an Alcoholic Beverage
Control (ABC) off-sale license requires the approval of a Conditional Use Permit by the Planning
Commission. Additionally, the California Department of Alcoholic Beverage Control (ABC) has
established license concentration standards allowing for a maximum of ABC off-sale licenses
within the census tracts. If a new ABC off-sale license will cause the subject census tract to become
over concentrated with ABC off-sale licenses, the Conditional Use Permit also requires a Public
Convenience or Necessity Letter application for consideration by the Planning Commission; and
WHEREAS, with the continued increase in the number of convenience store applications
there has also been an increase in the number of requested ABC Type-20 (Off-Sale: Beer and
Wine) and ABC Type-21 (Off-Sale: General – Beer, Wine and Distilled Spirits) Licenses. There
has also been an increase in the number of census tracts with over concentrations. The over
concentration of ABC off-sale licenses creates the potential for impairing the integrity and
character of the commercial corridors and may be detrimental to sensitive land uses within the
vicinity, such as schools, parks and places of worship; and
WHEREAS, Development Code Amendment 22-04 is a City-initiated amendment to
Section 19.06.030(2)(B) Article II Section III(A) (Alcohol Beverage Sales – Locational
Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales –
Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the
locational restriction from 500 feet to 1,000 feet for new alcoholic beverage sales activities from
sensitive land uses; and
WHEREAS, the Planning Division of the Community and Economic Development
Department of the City of San Bernardino has prepared Development Code Amendment 22-04
consistent with the City of San Bernardino General Plan and compliance with the City of San
Bernardino Development Code; and
Packet Pg.241
ORDINANCE NO. MC-1592
2
5
5
2
WHEREAS, pursuant to requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community and Economic Development Department
evaluated Development Code Amendment 22-04 and determined that it is not a project within the
meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under
Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and
WHEREAS, on April 12, 2022, the Planning Commission of the City of San Bernardino
held a duly noticed public hearing to consider public testimony and the staff report, and adopted
Resolution 2022-030 forwarding a recommendation of approval of Development Code
Amendment 22-04 to the Mayor and City Council; and
WHEREAS, notice of the August 3, 2022 public hearing for the Mayor and City Council's
consideration of this proposed Ordinance was published in The Sun newspaper on July 23, 2022
in accordance with Development Code Chapter 19.52; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Ordinance No. MC-____.
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Compliance with the California Environmental Quality Act. As the
decision-making body for the project, the Mayor and City Council has reviewed and considered
the information contained in the administrative record for Development Code Amendment 22-04.
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 (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA
Guidelines;
(2) Development Code Amendment 22-04 is not a project within the meaning of Section
15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change
in the environment, directly or indirectly. Development Code Amendment 22-04 does not
authorize any specific development within the City’s boundaries. Development Code Amendment
22-04 is exempt from CEQA because the adoption of the Development Code Amendment is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The
Development Code Amendment to increase of the locational restriction from 500 feet to 1,000 feet
for a new alcoholic beverage sales activity from sensitive land uses is exempt from the
requirements of CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA
Guidelines due to the fact that the Development Code Amendment will not create significant
Packet Pg.242
ORDINANCE NO. MC-1592
3
5
5
2
effects on the environment as it consists of updates to the alcoholic beverage sales requirements;
and
(3) The determination of CEQA exemption reflects the independent judgment of the Mayor
and City Council.
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-04:
Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires
that Development Code Amendments meet certain findings prior to approval by the Mayor and
City Council. Accordingly, the following findings are provided in support of the approval of
Development Code Amendment 22-04:
Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 22-04 is consistent with the General Plan,
as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s
unique Neighborhoods.
Land Use Element Policy 2.1.1: Actively enforce
development standards, design guidelines, and policies to
preserve and enhance the character of San Bernardino’s
neighborhoods.
Land Use Element Policy 2.2.8: Control the location and
number of community-sensitive uses, such as alcohol sales,
adult bookstores and businesses, game arcades, and similar
uses based on proximity to residences, schools, religious
facilities, and parks.
Land Use Element Policy 2.2.9: Require Police Department
review of uses that may be characterized by high levels of
noise, nighttime patronage, and/or rates of crime; providing
for the conditioning or control of use to prevent adverse
impacts on adjacent residences, schools, religious facilities,
and similar “sensitive” uses.
The adoption and implementation of Development Code Amendment 22-
04 is consistent with the City’s General Plan by regulating the location of
alcoholic beverage sales activities in order to prevent potential negative
impacts to the existing sensitive land uses and the community at-large and
by minimizing the overconcentration of alcoholic beverage sales activities.
The Police Department will continue to review applications for new
Packet Pg.243
ORDINANCE NO. MC-1592
4
5
5
2
alcoholic beverage sales to investigate crimes within a half-mile of the
respective reporting district.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 22-
04 is necessary and desirable for the development of the community and is
in the interests or furtherance of the public health, safety, convenience, and
general welfare. Location regulations of alcoholic beverage sales activities
proposed under Development Code Amendment 22-04 will preserve the
integrity of the commercial corridors, residential neighborhoods and
sensitive land uses within the City.
SECTION 4.Section 19.06.030(2)(B) Article II Section III(A)-(I) (Alcohol Beverage
Sales – Locational Restrictions) of the City of San Bernardino Municipal Code (Title 19) is hereby
amended, in its entirety, to read as follows:
“
(A)Unless otherwise exempted under subsections B – H, a new alcoholic beverage
sales activity is not permitted within 1,000 feet of any of the following
locations:
1. A public or private state licensed or accredited school.
2. A public park, playground, recreational area, or youth facility, including a
nursery school, preschool, or day-care facility.
3. A place of worship or religious institution.
4. A hospital.
5. An alcohol or other drug abuse recovery or treatment facility.
6. A county social service office.
(B)Establishments containing 10,000 square feet or more, including but not limited
to supermarkets and drugstores, which do not sell alcoholic beverages as the
principal business are exempt from the locational restrictions.
(C)Sit down restaurants whose predominant function is the service of food and
where the on-site sale of alcoholic beverages is incidental or secondary are
exempt from these locational restrictions. An incidental bar or lounge shall be
allowed for the convenience of dining patrons. (Establishments which are
primarily a bar or lounge or have a bar or lounge area as a principal or
independent activity are not included in this exemption.)
(D)All other establishments for on-site consumption of alcohol may be exempted
from the locational restrictions, subject to evaluation of site-specific conditions
Packet Pg.244
ORDINANCE NO. MC-1592
5
5
5
2
through the Conditional Use Permit review process and considering
recommendations from the Police Department.
(E) Specialty retail establishments that offer unique product lines or variety of
selection warranting a finding of public convenience or necessity are exempt
from the locational restrictions.
(F) An automobile service station convenience store that meets the location criteria
of Section 19.06.030(2)(T) may be exempted from these locational restrictions,
subject to evaluation of site-specific conditions through the Conditional Use
Permit review process and considering recommendations from the Police
Department.
(G)A fraternal organization or veterans club may be exempted from the locational
restrictions, subject to evaluation of site-specific conditions through the
Conditional Use Permit review process and considering recommendations from
the Police Department.
(H)Temporary uses issued a Temporary License by the California Department of
Alcoholic Beverage Control and established in compliance with all City laws
and regulations are exempt from the locational restrictions.
(I) The following location conditions will be considered in the review of
Conditional Use Permit applications, and may be grounds for denial based on
potential adverse effects to the public interest, health, safety or convenience:
1. A location within a crime reporting district, or within 1,000 feet
of a crime reporting district, where the general crime rate
exceeds the city-wide general crime rate by more than 20
percent.
2. A location where the new alcoholic beverage sales activity
would be within 1,000 feet from an existing alcoholic beverage
sales activity, or would lead to the grouping of more than four
alcoholic beverage sales activities within a 1,000 foot radius
from the new alcoholic beverage sales activity.”
SECTION 5.Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage
Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) is hereby
amended, in its entirety, to read as follows:
“
(D)The name, address, and telephone number, if available, of all existing schools, parks,
playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals,
alcohol or other drug abuse recovery or treatment facilities or county social service offices
within 1,000 feet of the proposed alcoholic beverage sales activity establishment.
Packet Pg.245
ORDINANCE NO. MC-1592
6
5
5
2
(E) The name, address, and telephone number, if available, of all alcoholic beverage sale
activities within 1,000 feet of the proposed alcoholic beverage sales activity establishment
and within a 1000 foot radius from the proposed alcoholic beverage sales activity
establishment.”
SECTION 6.Notice of Exemption: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Exemption with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 7.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 8.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 9.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.246
ORDINANCE NO. MC-1592
7
5
5
2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1592, introduced by the City Council of the City of San Bernardino, California
at a regular meeting held on the 3rd day of August, 2022, and adopted by the City Council of the
City of San Bernardino, California, at a regular meeting held on the ___ day of _________, 2022
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________,
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.247
Packet Pg.248
Packet Pg.249
Packet Pg.250
Packet Pg.251
Packet Pg.252
Packet Pg.253
Packet Pg.254
Packet Pg.255
CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN
BERNARDINO COUNTY SUN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
JESSICA NAMETZ
SAN BERNARDINO CITY DEV SERVICE
300 NORTH D ST #300
SAN BERNARDINO, CA 92418
HRGSB NOTICE OF HEARING-SB
NOTICE OF PUBLIC HEARING Wednesday, August 3, 2022
07/23/2022
Notice Type:
Ad Description
COPY OF NOTICE
3607667
!A000006072105!
The charge(s) for this order is as follows. An invoice will be sent after the last
date of publication. If you prepaid this order in full, you will not receive an
invoice.
Packet Pg.256
NOTICE OF PUBLIC HEARING
Notice is hereby given that the City of San Bernardino Mayor and City Council will hold a public hearing on Wednesday, August 3, 2022 at 7:00 p.m. in the Feldheym Public Library, Bing Wong Auditorium, 555 W. 6th Street, San Bernardino, California 92410, on the following item(s):
DEVELOPMENT CODE AMENDMENT 22-03 – A City-initiated amendment to Section 19.04.030(2)(P)(6)(a)(i) of the City of San Bernardino Municipal Code (Title 19) to increase the maximum size of a detached Accessory Dwelling Unit from 1,000 square feet to 1,200 square feet.
Environmental Determination: Statutorily Exempt under the California Environmental Quality Act (“CEQA”), pursuant to Section 15282(h) (Other Statutory Exemp-tions) of the State CEQA Guidelines.Applicant: City of San Bernardino – Community and Economic Development Department
DEVELOPMENT CODE AMENDMENT 22-04 - A City-initiated amendment to Section 19.06.030(2)(B) Article II Section III(A) (Alcohol Beverage Sales – Locational Restrictions) and Section 19.06.030(2)(B) Article II Section VI(D)-(E) (Alcohol Beverage Sales – Permit Application) of the City of San Bernardino Municipal Code (Title 19) to increase the locational restriction from 500 feet to 1,000 feet for a new alcoholic beverage sales activity from a sensitive land uses.
Environmental Determination: Statutory Exemption, pursuant to Section 15061(b)(3) (Re-view for Exemption) of the State CEQA Guidelines.Applicant: City of San Bernardino – Community and Economic Development Department
The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items. The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions. The public is welcome to speak at the public hearing or to submit written comments prior to the hearing. For more information, please contact the City Clerk’s Office by phone at (909) 384-5002.
If you challenge the resultant action of the Mayor and City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Planning Division at, or prior to, the public hearing.
Submitted: July 19, 2022Publish: July 23, 2022 (Display Ad)
CNSB 3607667
Packet Pg.257
5
2
1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Nathan Freeman, Agency Director of Community, Housing, and
Economic Development
Department:Community & Economic Development (CED)
Subject:Amendment No. 1 to Owner Occupied Rehabilitation Program
(OORP) Agreement with Neighborhood Partnership Housing
Services, Inc. (NPHS)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino approve
Amendment No. 1 to the Owner-Occupied Rehabilitation Program (OORP) Agreement
with Neighborhood Partnership Housing Services, Inc. (NPHS)
Background
On July 19, 2017, the Mayor and City Council adopted Resolution No. 2017-134,
authorizing a Vendor Service Agreement (VSA) with Neighborhood Partnership Housing
Solutions, Inc. (NPHS) for Owner Occupied Residential Rehabilitation Administration
Services.
On June 6, 2018, the Mayor and City Council adopted Resolution No. 2018-157,
approving Fiscal Year 2018-2019 Annual Action Plan that designated $450,000 in CDBG
funds to continue Owner Occupied Rehabilitation Program OORP.
On September 5, 2018, the Mayor and City Council approved a CDBG Subrecipient
Agreement with Neighborhood Partnership Housing Solutions, Inc. (NPHS) for a term of
one year to replace the existing Vendor Services Agreement, and Policies and
Packet Pg.258
5
2
1
Procedures for Owner Occupied Rehabilitation Program.
On May 15, 2019, the Mayor and City Council adopted Fiscal Year 2019-2020 Annual
Action Plan which changed the Owner-Occupied Rehabilitation Program from CDBG to
HOME funds in the amount $450,000.
On July 24, 2020, NPHS entered into an Agreement with the City to utilize $450,000 in
HOME funds to make loans for city eligible households for OORP projects.
Discussion
NPHS requires additional time to expend HOME funds and has requested a modified
date to the term of the agreement. NPHS uses HOME funding to rehabilitate single family
residences for low-income households. Although the Master Agreement was signed on
July 24, 2020, and NPHS had until June 30, 2022, to fully expend the funds, the
organization experienced a series of setbacks related to COVID-19. Currently, there are
two (2) single family residences that have been identified for rehabilitation. The income
earners for each household are actively engaged in the approval process. If NPHS is
unable to have the term of the agreement extended, the two (2) single family residences
are at risk of not having their property restored, remodeled, or improved.
The OORP was created to meet the five-year goal of preserving and rehabilitating
housing units as adopted in the City’s FY 2020-2025 HUD Consolidated Plan.
NPHS desires to amend its OORP Agreement with the City, which would extend the term
of the Agreement, thereby allowing additional time for NPHS to expend funds. The term
of the OORP Agreement will be extended until June 30, 2023. NPHS will continue to
provide financial assistance to eligible households within the City of San Bernardino
seeking to perform rehabilitation to their single-family residences.
OORP is currently funded with HOME funds in the amount of $450,000 and provides
income-eligible households with loans up to $40,000 for home improvements to their
single-family residences. Such improvements include paint, plumbing, roofing,
landscaping, ADA improvements, and energy efficiency upgrades. The loan is for a term
of ten (10) years at zero interest and is forgiven by 20% beginning in year 6 and through
year ten (10), at which time the entire balance is forgiven. OORP is currently
administered by Neighborhood Partnership Housing Services, which has provided
assistance to six (6) households throughout the City of San Bernardino.
2021-2025 Key Strategic Targets and Goals
The purpose of City’s Owner-Occupied Rehabilitation Program is to create sustainable
living environments by improving the City’s aging housing stock. The Owner-Occupied
Rehabilitation Program supports Key Target No. 3: Quality of Life and Key Target No.4:
Economic Growth & Development.
Fiscal Impact
No fiscal impact to the City as this program will be funded with HOME Investment
Partnership Program funds provided by HUD.
Packet Pg.259
5
2
1
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 1 to the Owner-Occupied Rehabilitation Program
(OORP) Agreement with Neighborhood Partnership Housing Services, Inc. (NPHS).
Attachments
Attachment 1 First Amendment to the HOME Investment Partnership Program
Owner Occupied Rehabilitation Program Master Agreement
Attachment 2 2020-2021 HOME OORP Master Agreement.
Ward:
All Wards
Synopsis of Previous Council Actions:
June 6, 2018 The Mayor and City Council adopted Resolution No. 2018-157,
approving Fiscal Year 2018-2019 Annual Action Plan that
designated $250,000 in Community Development Block Grant
(CDBG) funds to continue Owner Occupied Rehabilitation Program
(OORP).
September 5, 2018 The Mayor and City Council approved a Community
Development Block Grant (CDBG) Subrecipient Agreement with
Neighborhood Partnership Housing Solutions, Inc. (NPHS) for
a term of one year to replace the existing Vendor Services
Agreement, and Policies and Procedures for Owner Occupied
Rehabilitation Program (OORP).
May 15, 2019 The Mayor and City Council adopted Fiscal Year 2019-2020 Annual
Action Plan which changed the funding for OORP from CDBG to
HOME Investment Partnerships Program (HOME) funding in the
amount $450,000.
July 19, 2017 The Mayor and City Council adopted Resolution No. 2017-134,
authorizing a Vendor Service Agreement (VSA) with Neighborhood
Partnership Housing Solutions, Inc. (NPHS) for Owner Occupied
Residential Rehabilitation Administration Services.
August 21, 2019 The Mayor and City Council approved HOME Agreement with NPHS
and modification of the OORP loan terms and obligations from a
forgivable loan to a deferred loan.
Packet Pg.260
Page 1 of 2
5
0
2
FIRST AMENDMENT TO THE
HOME INVESTMENT PARTNERSHIPS PROGRAM (HOME) OWNER OCCUPIED
REHABILITATION PROGRAM MASTER AGREEMENT BY AND BETWEEN THE CITY
OF SAN BERNARDINO AND NEIGHBORHOOD PARTNERSHIP HOUSING SERVICES,
INC.
This First Amendment ("First Amendment") to the HOME Investment Partnerships Program
(HOME) Owner Occupied Rehabilitation Program Master Agreement by and between the City of San
Bernardino and Neighborhood Partnership Housing Services, Inc. ("Agreement") is dated July 24,
2020, and is between the City of San Bernardino, a municipal corporation and charter city (“City”)
and Neighborhood Partnership Housing Services, Inc., a California 501(c)(3) public benefit
corporation (“NPHS”). City and NPHS may be referred to as “Party” or “Parties”.
WHEREAS, City and Subrecipient entered into Agreement on July 24, 2020; and
WHEREAS, City Council authorized an amount not to exceed $450,000 in HOME funds to
make loans from the City to Eligible Households to perform rehabilitation of their single family
residences in accordance with the HOME Regulations and to pay NPHS’s costs of performing the
Services, as allowed herein; and
WHEREAS, the Parties now desire to amend the Agreement to extend the term of the
Agreement to allow NPHS additional time to expend the funds.
NOW THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, the Parties agree as follows:
1.Amendment. Section 5(A) of the Agreement “Term of Agreement’ is hereby amended
to read as follows:
"SECTION 5. Term of Agreement
A. The Term of this Agreement shall commence on the Effective Date and will
expire six (6) months after the Effective Date, unless earlier terminated as provided in
this Agreement. City will have the option to extend the term of this Agreement for one
(1) additional six month period term, with the consent of NPHS. The term of this
Agreement shall not extend beyond June 30, 2023, except that, notwithstanding any of
the foregoing, unless terminated under Section 15 below, this Agreement shall remain
in effect at least until completion of the rehabilitation of all of the Eligible Properties to
be rehabilitated under this Agreement. Also, notwithstanding the foregoing portion of
this Section 5(A), documents recorded pursuant to this Agreement shall remain effective
in accordance with their terms.”
2.Effect on Other Provisions. All other provisions of the Agreement, as amended by
this Second Amendment and the First Amendment, shall remain in full force and effect.
[Signatures on Following Page]
Packet Pg.261
3
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and year first above written.
"CITY"
CITY OF SAN BERNARDINO a municipal
corporation and charter city
Dated: _________________ _________________________________
Robert D. Field
City Manager
"SUBRECIPIENT"
Neighborhood Partnership Housing Services
(NPHS)
Dated:______________ __________________________
Clemente Mojica
President/CEO
Packet Pg.262
Packet Pg.263
Packet Pg.264
Packet Pg.265
Packet Pg.266
Packet Pg.267
Packet Pg.268
Packet Pg.269
Packet Pg.270
Packet Pg.271
Packet Pg.272
Packet Pg.273
Packet Pg.274
Packet Pg.275
Packet Pg.276
Packet Pg.277
Packet Pg.278
Packet Pg.279
Packet Pg.280
Packet Pg.281
Packet Pg.282
Packet Pg.283
Packet Pg.284
Packet Pg.285
Packet Pg.286
Packet Pg.287
Packet Pg.288
Packet Pg.289
Packet Pg.290
Packet Pg.291
Packet Pg.292
Packet Pg.293
Packet Pg.294
Packet Pg.295
Packet Pg.296
Packet Pg.297
Packet Pg.298
Packet Pg.299
Packet Pg.300
Packet Pg.301
Packet Pg.302
Packet Pg.303
Packet Pg.304
Packet Pg.305
Packet Pg.306
Packet Pg.307
Packet Pg.308
Packet Pg.309
Packet Pg.310
Packet Pg.311
Packet Pg.312
Packet Pg.313
Packet Pg.314
Packet Pg.315
Packet Pg.316
Packet Pg.317
Packet Pg.318
Packet Pg.319
Packet Pg.320
Packet Pg.321
Packet Pg.322
Packet Pg.323
Packet Pg.324
Packet Pg.325
Packet Pg.326
Packet Pg.327
Packet Pg.328
Packet Pg.329
Packet Pg.330
Packet Pg.331
Packet Pg.332
Packet Pg.333
Packet Pg.334
Packet Pg.335
Packet Pg.336
Packet Pg.337
Packet Pg.338
Packet Pg.339
Packet Pg.340
Packet Pg.341
Packet Pg.342
Packet Pg.343
Packet Pg.344
Packet Pg.345
Packet Pg.346
Packet Pg.347
Packet Pg.348
Packet Pg.349
Packet Pg.350
Packet Pg.351
Packet Pg.352
Packet Pg.353
Packet Pg.354
Packet Pg.355
Packet Pg.356
Packet Pg.357
Packet Pg.358
Packet Pg.359
Packet Pg.360
Packet Pg.361
Packet Pg.362
Packet Pg.363
Packet Pg.364
Packet Pg.365
Packet Pg.366
Packet Pg.367
Packet Pg.368
Packet Pg.369
Packet Pg.370
Packet Pg.371
Packet Pg.372
Packet Pg.373
Packet Pg.374
Packet Pg.375
Packet Pg.376
Packet Pg.377
Packet Pg.378
Packet Pg.379
Packet Pg.380
Packet Pg.381
Packet Pg.382
Packet Pg.383
Packet Pg.384
Packet Pg.385
Packet Pg.386
Packet Pg.387
Packet Pg.388
Packet Pg.389
Packet Pg.390
Packet Pg.391
Packet Pg.392
Packet Pg.393
Packet Pg.394
Packet Pg.395
Packet Pg.396
Packet Pg.397
Packet Pg.398
Packet Pg.399
Packet Pg.400
Packet Pg.401
Packet Pg.402
Packet Pg.403
Packet Pg.404
Packet Pg.405
Packet Pg.406
Packet Pg.407
Packet Pg.408
Packet Pg.409
Packet Pg.410
Packet Pg.411
Packet Pg.412
Packet Pg.413
Packet Pg.414
Packet Pg.415
Packet Pg.416
Packet Pg.417
Packet Pg.418
Packet Pg.419
Packet Pg.420
Packet Pg.421
5
2
7
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Nathan R. Freeman, Agency Director of Community, Housing, and
Economic Development
Department:Community & Economic Development (CED)
Subject:Final Reading and Adoption of Ordinance MC-1589 - Warmington
Homes Medical Center Drive Project
Recommendation
Adopt Ordinance No. MC-1589 approving Development Code Amendment (Zoning
Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel
(APN: 0143-191-59) containing approximately 9.9 acres from Commercial General
(CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration
(Attachment 1).
Background
On July 20, 2022, the Mayor and City Council conducted a public hearing on
Development Code Amendment (Zoning Map Amendment) 21-06 to change the
Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing
approximately 9.9 acres from Commercial General (CG-1) to Residential Medium
(RM), pursuant to a Mitigated Negative Declaration. Subsequent to Mayor and City
Council discussion, the City Council introduced Ordinance No. MC-1589.
At the July 20, 2022 hearing, the Mayor and City Council made a motion requesting
that Warmington Homes incorporate cinder block walls between each home instead of
vinyl fencing. The item was agreed to by the developer and has been added to the
conditions of approval.
Packet Pg.422
5
2
7
Discussion
Warmington Homes is requesting to change the Zoning District Classification of the
project site to Residential Medium (RM) in order to allow the development of a Planned
Unit Development comprising ninety-five (95) detached single-family residences.
2021-2025 Key Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 21-06 aligns with Key
Target No. 3: Improved Quality of Life. The ninety-five (95) single-family residences
will help the City meet its State-mandated housing requirements, be consistent with
the surrounding single-family residential land uses, and provide additional market rate
housing to the City’s housing stock.
Fiscal Impact
Development impact fees associated with the project will be approximately
$1,786,475. City services will be provided to this project like other single-family
residential neighborhoods within the City and surrounding area.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1589 approving Development Code Amendment
(Zoning Map Amendment) 21-06 changing the Zoning District Classification of one (1)
parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial
General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative
Declaration (Attachment 1).
Attachments
Attachment 1 Ordinance No. MC-1589 (Approving Development Code
Amendment [Zoning Map Amendment] 21-06)
Attachment 2 Ordinance No. MC-1589; Exhibit A (Approving Development
Code Amendment [Zoning Map Amendment] 21-06) Exhibit A
Ward:
Sixth Ward
Synopsis of Previous Council Actions:
July 20, 2022 Mayor and City Council introduced Ordinance No. MC-1589
(Approving Development Code Amendment [Zoning Map
Amendment] 21-06)
Packet Pg.423
Ordinance No. MC-1589
1
2
7
3
ORDINANCE NO. MC-1589
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 21-06 CHANGING THE
ZONING DISTRICT CLASSIFICATION OF ONE (1)
PARCEL (APN: 0143-191-59) CONTAINING
APPROXIMATELY 9.9 ACRES FROM COMMERCIAL
GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM),
PURSUANT TO A MITIGATED NEGATIVE
DECLARATION.
WHEREAS, together, General Plan Amendment 21-01, Development Code Amendment
(Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and
Development Permit Type-P 21-06 constitute the Warmington Residential – Medical Center
Drive Project ("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-06 is a
request to allow the change of the Zoning District Classification from Commercial General (CG-
1) to Residential Medium (RM) of one (1) parcel containing approximately 9.9 acres; and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency
for the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section
15073, preparation of a Mitigated Negative Declaration was the appropriate environmental
review procedure under CEQA, because all potential significant impacts of the Project can be
mitigated to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and
Reporting Program (“MMRP”) were prepared for the Project; and
WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino
held a duly-noticed public hearing to consider public testimony and the staff report, and adopted
Resolution No. 2022-031 recommending the adoption of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment
21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12
(Tentative Parcel Map 20494), and Development Permit Type-P 21-06 to the Mayor and City
Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's
consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022,
and was mailed to the owners and tenants of the properties located within 1,000 feet of the
subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals);
and
Packet Pg.424
Ordinance No. MC-1589
2
2
7
3
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the Mayor and City Council, has produced
substantial new information requiring substantial revisions that would trigger recirculation of the
MND or additional environmental review under State CEQA Guidelines Section 15073.5; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the
Mayor and City Council have the authority to take action on Development Code Amendment
(Zoning Map Amendment) 21-06; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Compliance with the California Environmental Quality Act. The City
Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3.Finding of Facts – Development Code Amendment (Zoning Map
Amendment) 19-08
Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:The proposed amendment will change the Zoning District Classification
from Commercial General (CG-1) to Residential Medium (RM) for the
entirety of the project site containing approximately 9.9 acres. The
Residential Medium (RM) Zoning District Classification is intended to
provide for residential development with a maximum of twelve (12)
residences per acre. The proposed amendment will allow for the
development and establishment of a Planned Unit Development comprised
of ninety-five (95) detached single-family residences, which provide a
density of ten (10) residences per acre, and is consistent with the
surrounding single-family residential developments within the project
area. Therefore, the proposed project is consistent with the following
General Plan goals and policies:
General Plan Land Use Element Policy 2.2.1: Ensure
compatibility between land uses and quality design through
adherence to standards and regulations in the Development
Code and policies and guidelines in the Community Design
Element.
Packet Pg.425
Ordinance No. MC-1589
3
2
7
3
General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by
strategic in-fill of new development and revitalization of
existing development.
General Plan Community Design Element Goal 5.4:
Ensure individual projects are well designed and
maintained.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the proposed
amendment to change the Zoning District Classification of the entirety of
the project site from Commercial General (CG-1) to Residential Medium
(RM) will facilitate the development and establishment of a Planned Unit
Development comprised of ninety-five (95) detached single-family
residences which is consistent with the surrounding single-family
residential developments. The project site is generally flat, with access
from W. Highland Avenue, fully served by utility providers, and will not
result in the need for the excessive provision of services. Additionally, any
potential impacts created by the proposed amendment have been
addressed in the Final Initial Study/Mitigated Negative Declaration and
appropriate mitigation measures have been included within the Mitigation
Monitoring and Reporting Program.
Finding No. 3:The proposed amendment would maintain the appropriate balance of land
uses within the City.
Finding of Fact:The proposed amendment would result in the entirety of the project site
having the Residential Medium (RM) Zoning District Classification to
allow for the development and establishment of a Planned Unit
Development comprised of ninety-five (95) detached single-family
residences. The subject property is located adjacent to an existing single-
family residential neighborhood. Therefore, the proposed change from
Commercial General (CG-1) to Residential Medium (RM) for the project
site would allow the proposed project nearby existing residential uses,
thereby providing for an appropriate balance of land uses within the City.
Finding No. 4:The subject parcels are physically suitable (including, but not limited to,
access, provision of utilities, compatibility with adjoining land uses, and
absence of physical constraints) for the requested land use designation and
the anticipated land use development.
Finding of Fact:The project site is currently comprised of one (1) parcel that is proposed to
be subdivided into ninety-five (95) single-family residential lots and
common open spaces to correspond to the proposed Planned Unit
Packet Pg.426
Ordinance No. MC-1589
4
2
7
3
Development. The project site is generally flat, with access from W.
Highland Avenue. Utilities are available directly from W. Highland
Avenue. There are no physical constraints on the site, such as steep slopes
or watercourses.
SECTION 4.Development Code Amendment (Zoning Map Amendment) 21-06 to
change the Zoning District Classification from Commercial General (CG-1) to Residential
Medium (RM) of one (1) parcel (APN: 0143-191-59), attached hereto and incorporated herein by
reference as Exhibit A, is hereby approved.
SECTION 5.Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days
after the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933
of the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.427
Ordinance No. MC-1589
5
2
7
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1589, introduced on July 20, 2022_______ adopted by the City Council of
the City of San Bernardino, California, at a regular meeting held at the ___ day of _________,
2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________,
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.428
PROJECT SITE
PROJECT: DCA (ZMA) 21-06
CHANGE THE ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENREAL (CG-1) TO RESIDENTIAL MEDIUM (RM)
OF ONE (1) PARCEL (APN: 0143-191-59) CONTAINING
APPROXIMATELY 9.9 ACRES
NORTH
EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)
Packet Pg.429
5
2
8
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Nathan R. Freeman, Agency Director of Community, Housing, and
Economic Development
Department:Community & Economic Development (CED)
Subject:Final Reading and Adoption of Ordinance MC-1588 -
Warmington Homes Palm Avenue Project
Recommendation
Adopt Ordinance No. MC-1588 approving Development Code Amendment (Zoning
Map Amendment) 21-07 changing the Zoning District Classification of five (5) parcels
(APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres
from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated
Negative Declaration (Attachment 1).
Background
On July 20, 2022, the Mayor and City Council conducted a public hearing on approving
Development Code Amendment (Zoning Map Amendment) 21-07 to change the Zoning
District Classification of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25)
containing a total of approximately 14.70 acres from Commercial General (CG-1) to
Residential Medium (RM), pursuant to a Mitigated Negative Declaration. Following
Mayor and City Council discussion, the City Council introduced Ordinance No. MC-
1588.
At the July 20, 2022 hearing, the Mayor and City Council made a motion requesting that
Warmington Homes incorporate cinder block walls between each home instead of vinyl
fencing. This item was agreed to by the developer and has been added to the conditions
of approval.
Packet Pg.430
5
2
8
Discussion
Warmington Homes is requesting to change the Zoning District Classification of the
project site to Residential Medium (RM) in order to allow the development of a Planned
Unit Development comprised of one hundred thirty-three (133) detached single-family
residences.
2021-2025 Key Strategic Targets and Goals
Development Code Amendment (Zoning Map Amendment) 21-07 aligns with Key
Target No. 3: Improved Quality of Life. The one hundred thirty-three (133) single-family
residences will help the City meet its State-mandated housing requirements, be
consistent with the surrounding single-family residential land uses, and provide
additional market rate housing to the City’s housing stock.
Fiscal Impact
Development impact fees associated with the project will be approximately $2,501,065.
City services will be provided to this project like other single-family residential
neighborhoods within the City and surrounding area.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1588 approving Development Code Amendment
(Zoning Map Amendment) 21-07 changing the Zoning District Classification of five (5)
parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70
acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a
Mitigated Negative Declaration.
Attachments
Attachment 1 Ordinance No. MC-1588 (Approving Development Code
Amendment [Zoning Map Amendment] 21-07)
Attachment 2 Ordinance No. MC-1588; Exhibit A (Approving Development Code
Amendment [Zoning Map Amendment] 21-07)
Ward:
Fourth Ward
Synopsis of Previous Council Actions:
July 20, 2022 Mayor and City Council introduced Ordinance No. MC-1588
(Approving Development Code Amendment [Zoning Map
Amendment] 21-07)
Packet Pg.431
Ordinance No. MC-1588
1
4
4
3
ORDINANCE NO. MC-1588
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT
(ZONING MAP AMENDMENT) 21-07 CHANGING THE
ZONING DISTRICT CLASSIFICATION OF FIVE (5)
PARCELS (APNS: 0285-211-05, 21, 22, 23 AND 25)
CONTAINING A TOTAL OF APPROXIMATELY 14.70
ACRES FROM COMMERCIAL GENERAL (CG-1) TO
RESIDENTIAL MEDIUM (RM), PURSUANT TO A
MITIGATED NEGATIVE DECLARATION.
WHEREAS, together, General Plan Amendment 21-02, Development Code Amendment
(Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and
Development Permit Type-P 21-07 constitute the Warmington Residential – Palm Avenue Project
("Project"); and
WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-07 is a
request to allow the change of the Zoning District Classification from Commercial General (CG-
1) to Residential Medium (RM) of five (5) parcels containing a total of approximately 14.70 acres;
and
WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public
Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code
of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for
the Project; and
WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073,
preparation of a Mitigated Negative Declaration was the appropriate environmental review
procedure under CEQA, because all potential significant impacts of the Project can be mitigated
to a level of less than significant; and
WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and
Reporting Program (“MMRP”) were prepared for the Project; and
WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino
held a duly-noticed public hearing to consider public testimony and the staff report, and adopted
Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration and
Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21-
02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13
(Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City
Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's
consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022,
and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject
property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and
Packet Pg.432
Ordinance No. MC-1588
2
4
4
3
WHEREAS, no comments made in the public hearing conducted by the Mayor and City
Council, and no additional information submitted to the Mayor and City Council, has produced
substantial new information requiring substantial revisions that would trigger recirculation of the
MND or additional environmental review under State CEQA Guidelines Section 15073.5; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the
Mayor and City Council have the authority to take action on Development Code Amendment
(Zoning Map Amendment) 21-07; and
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Compliance with the California Environmental Quality Act. The City
Council having independently reviewed and analyzed the record before it, including the adopted
Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written
and oral testimony, and having exercised their independent judgment, finds that there is no
substantial evidence supporting a fair argument that approval of the Project will result in a
significant effect on the environment.
SECTION 3.Finding of Facts – Development Code Amendment (Zoning Map
Amendment) 21-07
Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:The proposed amendment will change the Zoning District Classification
from Commercial General (CG-1) to Residential Medium (RM) for the
entirety of the project site containing approximately 14.70 acres. The
Residential Medium (RM) Zoning District Classification is intended to
provide for residential development with a maximum of twelve (12)
residences per acre. The proposed amendment will allow for the
development and establishment of a Planned Unit Development comprised
of one hundred thirty-three (133) detached single-family residences, which
provide a density of nine (9) residences, per acre and is consistent with the
surrounding single-family residential developments within the project area.
Therefore, the proposed project is consistent with the following General
Plan goals and policies:
General Plan Land Use Element Policy 2.2.1: Ensure
compatibility between land uses and quality design through
adherence to standards and regulations in the Development
Code and policies and guidelines in the Community Design
Element.
Packet Pg.433
Ordinance No. MC-1588
3
4
4
3
General Plan Land Use Element Goal 2.4: Enhance the
quality of life and economic vitality in San Bernardino by
strategic in-fill of new development and revitalization of
existing development.
General Plan Community Design Element Goal 5.4: Ensure
individual projects are well designed and maintained.
Therefore, the proposed amendment is consistent with the General Plan.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City in that the proposed
amendment to change the Zoning District Classification of the entirety of
the project site from Commercial General (CG-1) to Residential Medium
(RM) will facilitate the development and establishment of a Planned Unit
Development comprised of one hundred thirty-three (133) detached single-
family residences which is consistent with the surrounding single-family
residential developments. The project site is generally flat, with access from
N. Palm Avenue and N. Orange Street, fully served by utility providers, and
will not result in the need for the excessive provision of services.
Additionally, any potential impacts created by the proposed amendment
have been addressed in the Final Initial Study/Mitigated Negative
Declaration and appropriate mitigation measures have been included within
the Mitigation Monitoring and Reporting Program.
Finding No. 3:The proposed amendment would maintain the appropriate balance of land
uses within the City.
Finding of Fact:The proposed amendment would result in the entirety of the project site
having the Residential Medium (RM) Zoning District Classification to
allow for the development and establishment of a Planned Unit
Development comprised of one hundred thirty-three (133) detached single-
family residences. The subject property is located adjacent to an existing
single-family residential neighborhood. Therefore, the proposed change
from Commercial General (CG-1) to Residential Medium (RM) for the
project site would allow the proposed project nearby existing residential
uses, thereby providing for an appropriate balance of land uses within the
City.
Packet Pg.434
Ordinance No. MC-1588
4
4
4
3
Finding No. 4:The subject parcels are physically suitable (including, but not limited to,
access, provision of utilities, compatibility with adjoining land uses, and
absence of physical constraints) for the requested land use designation and
the anticipated land use development.
Finding of Fact:The project site is currently comprised of five (5) parcel that is proposed to
be subdivided into one hundred thirty-three (133) single-family residential
lots and common open spaces to correspond to the proposed Planned Unit
Development. The project site is generally flat, with access from N. Palm
Avenue and N. Orange Street. There are no physical constraints on the site,
such as steep slopes or watercourses.
SECTION 4.Development Code Amendment (Zoning Map Amendment) 21-07 to
change the Zoning District Classification of five (5) parcels (APNS: 0285-211-05, 21, 22, 23 and
25) from Commercial General (CG-1) to Residential Medium (RM), attached hereto and
incorporated herein by reference as Exhibit A, is hereby approved.
SECTION 5.Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933 of
the Government Code of the State of California.
Packet Pg.435
Ordinance No. MC-1588
5
4
4
3
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of _________, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.436
Ordinance No. MC-1588
6
4
4
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-____, adopted by the City Council of the City of San Bernardino, California,
at a regular meeting held at the ___ day of _________, 2022 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________,
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.437
PROJECT SITE
PROJECT: DCA (ZMA) 19-08
CHANGE THE ZONING DISTRICT CLASSIFICATION FROM
COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM)
OF FIVE (5) PARCELS (APN(S): 0285-211-05, 21, 22, 23, AND 25)
CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES
NORTH
EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)
Packet Pg.438
3
3
6
Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager;
Nathan R. Freeman, Agency Director of Community, Housing, and
Economic Development
Subject: Final Reading and Adoption of Ordinance No. MC-1583 (Home
Occupation Permits) (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1583 adopting Development Code Amendment 22-
01 amending Section 19.54.030 (Operating Standards) of the City of San Bernardino
Municipal Code (Title 19) to update the standards for home occupations (Attachment 1).
Background
The last comprehensive update to the City's Development Code (Title 19) was adopted
in May 1991. Given the advancements and nature of technology, changing household
dynamics and the societal transition to remote working, the City’s standards for home
occupations are not conducive, or in some way, not practical for today’s business
environment.
On February 8, 2022, the Planning Commission unanimously adopted Resolution No.
2022-009 forwarding a recommendation to the Mayor and City Council recommending
approval of Development Code Amendment 22-01.
Under Ordinance No. MC-1583 (Development Code Amendment 22-01), Section
19.54.030 (Home Occupation Permits – Operation Standards) of the City of San
Bernardino Development Code will be amended to read, as follows:
1.No person shall operate or engage in a home occupation without first
obtaining a home occupation permit in accordance with the provisions of
this chapter, and no business license shall be issued to the operator of a
home occupation until a valid home occupation permit is issued pursuant to
the provisions of this chapter. Notwithstanding the foregoing, in the event a
business license is issued for a home occupation for which no home
occupation permit has been issued, such fact shall in no way affect the
application and requirement of this chapter;
Packet Pg.439
3
3
6
2.Notwithstanding the foregoing, no home occupation permit shall be required
pursuant to this chapter if the person engaged in the performance of work
as an employee for an entity whose principal place of business is located
elsewhere and the use of the dwelling generates no pedestrian or vehicular
traffic beyond that customarily associated with the use of unit for residential
dwelling purposes;
3.A separate home occupation permit shall be required for each home
occupation being conducted within a dwelling;
4.The home occupation shall not alter the outward appearance of the dwelling
unit;
5.There shall be no displays, sale or delivery of merchandise, or advertising
signs on the premises;
6.There shall be no signs other than the address and name of the resident;
7.There shall be no advertising which identifies the home occupation by street
address;
8.The use of the dwelling as a home occupation shall be clearly incidental
and subordinate to its use for residential purposes by its inhabitants. It shall
not occupy an area equivalent to more than 15 percent of the total square
footage for the dwelling. The garage located on the premises may be
utilized for storage of equipment, materials or supplies used in connection
with the home occupation provided such storage does not use any space in
the garage required for off-street parking. The use shall not involve storage
of materials or supplies in any carport, accessory structure(s) or outside any
structures;
9.The home occupation shall not involve the use of commercial vehicles for
delivery of materials to or from the premises, other than one (1) vehicle not
to exceed a capacity of one and one-half tons owned by the operator of
such home occupation;
10.The home occupation shall not encroach into any required parking, setback,
or yard;
11.There shall be no use or storage of material or mechanical equipment not
recognized as being part of a normal household or hobby use;
12.Activities conducted and equipment or material used shall not change the
fire safety or occupancy classifications of the premises. Utility consumption
shall not exceed normal residential usage;
Packet Pg.440
3
3
6
13.No use shall create or cause noise, dust, light, vibration, odor, gas, fumes,
toxic/hazardous materials, smoke, glare, or electrical interference or other
hazards or nuisances;
14.Only the occupants of the dwelling may be engaged in the home
occupation;
15.The home occupation shall not involve the use of commercial vehicles for
delivery of materials to or from the premises;
16.The home occupation shall not generate pedestrian or vehicular traffic in
excess of that customarily associated with the land use district in which it is
located;
17.No home occupation shall be initiated until a current business license is
obtained, pursuant to Title 5 of the Municipal Code;
18.A Home Occupation Permit shall not be transferable;
19.If the home occupation is to be conducted on rental property, the property
owner or authorized representative shall provide written authorization for
the proposed use shall be obtained prior to the submittal for a Home
Occupation Permit; and
20.Any special condition established by the Director and made part of the
record of the Home Occupation Permit, as deemed necessary to carry out
the intent of this Chapter.
Discussion
On July 20, 2022, the Mayor and City Council conducted a public hearing and introduced
Ordinance No. MC-1583 amending Section 19.54.030 (Operating Standards) of Title 19
(Development Code) of the City of San Bernardino Municipal Code updating the standards
for home occupations.
After the introduction of Ordinance No. MC-1583, a few minor non-substantive edits were
made to correct the dates in the recitals only and not in the body of the ordinance.
Ordinance No. MC-1583 is now ready for adoption and will become effective on September
2, 2022.
General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future
development, as follow:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique
neighborhoods.
Packet Pg.441
3
3
6
Land Use Goal 2.2: Promote development that integrates with and
minimizes impacts on surrounding land uses.
Given the advancements and nature of technology, changing household dynamics and
the societal transition to remote working, the adoption and implementation of
Development Code Amendment 22-01 is consistent with the City’s General Plan by
allowing for home occupations to operate while maintaining the character and minimizing
potential impact within residential neighborhoods. Additionally, the adoption and
implementation of Development Code Amendment 22-01 will help ensure that the
residential character of the neighborhoods within the City are preserved.
2021-2025 Key Strategic Targets and Goals
Development Code Amendment 22-01 aligns with Key Target Goal No. 4: Economic
Growth & Development. Specifically, updating the home occupation standards will
preserve the residential character of the neighborhoods within the City.
Fiscal Impact
There will be no fiscal impact to the City’s General Fund as a result of this action.
California Environmental Quality Act
The Planning Division conducted an environmental evaluation in connection with
proposed Development Code Amendment 22-01 and concluded that it is exempt from
CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines due
to the fact that the proposed Development Code Amendment will not create significant
effects on the environment as it consists of updates to the home occupation standards.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Ordinance No. MC-1583 adopting Development Code Amendment 22-
01 amending Section 19.54.030 (Operating Standards) of the City of San Bernardino
Municipal Code (Title 19) to update the standards for home occupations.
Attachment
Attachment 1 Ordinance No. MC-1583 (Development Code Amendment 22-01)
Ward:All
Synopsis of Previous Council Actions:
July 20, 2022 Mayor and City Council introduced Ordinance No. MC-1583 to
approve Development Code Amendment 22-01.
Packet Pg.442
ORDINANCE NO. MC-1583
1
2
6
2
ORDINANCE NO. MC-1583
ORDINANCE OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING DEVELOPMENT CODE AMENDMENT 22-01
AMENDING SECTION 19.54.030 (OPERATING
STANDARDS) OF THE CITY OF SAN BERNARDINO
MUNICIPAL CODE (TITLE 19) UPDATING THE
STANDARDS FOR HOME OCCUPATIONS; AND FINDING
THE CATEGORICAL EXEMPTION UNDER THE
CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS, the last comprehensive update to the City's Development Code (Title 19) was
adopted in May 1991; and
WHEREAS, given the advancements and nature of technology, changing household
dynamics and the societal transition to remote working, Development Code Amendment 22-01 is
a City-initiated amendment to Section 19.54.030 (Home Occupation Permits – Operating Standards)
of the City of San Bernardino Development Code (Title 19) to update the standards for home
occupations; and
WHEREAS, the Planning Division of the Community and Economic Development
Department of the City of San Bernardino has prepared Development Code Amendment 22-01
consistent with the City of San Bernardino General Plan and compliance with the City of San
Bernardino Development Code; and
WHEREAS, pursuant to requirements of the California Environmental Quality Act
(“CEQA”), the Planning Division of the Community and Economic Development Department
evaluated Development Code Amendment 22-01 and determined that it is not a project within the
meaning of State CEQA Guidelines Section 15378, and alternatively is exempt from CEQA under
Section 15061(b)(3) (Review for Exemption) of the CEQA Guidelines; and
WHEREAS, on February 8, 2022, the Planning Commission of the City of San Bernardino
held a duly noticed public hearing to consider public testimony and the staff report, and adopted
Resolution 2022-009 forwarding a recommendation of approval of Development Code
Amendment 22-01 to the Mayor and City Council; and
WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's
consideration of this proposed Ordinance was published in The Sun newspaper on July 9, 2022 in
accordance with Development Code Chapter 19.52; and
WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and
Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development
Code, the Mayor and City Council have the authority to take action on Ordinance No. MC-1583.
Packet Pg.443
ORDINANCE NO. MC-1583
2
2
6
2
NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.Compliance with the California Environmental Quality Act. As the
decision-making body for the project, the Mayor and City Council has reviewed and considered
the information contained in the administrative record for Development Code Amendment 22-01.
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 (“CEQA”), the State CEQA Guidelines, and the City’s Local CEQA
Guidelines;
(2) Development Code Amendment 22-01 is not a project within the meaning of Section
15378 of the State CEQA Guidelines, because it has no potential for resulting in physical change
in the environment, directly or indirectly. Development Code Amendment 22-01 does not
authorize any specific development within the City’s boundaries. Development Code Amendment
22-01 it is exempt from CEQA because the adoption of the Development Code Amendment is
covered by the general rule that CEQA applies only to projects which have the potential for causing
a significant effect on the environment (State CEQA Guidelines, Section 15061(b)(3)). The
Development Code Amendment to update the standards for home occupations is exempt from the
requirements of CEQA under Section 15061(b)(3) (Review for Exemption) of the CEQA
Guidelines due to the fact that the Development Code Amendment will not create significant
effects on the environment as it consists of updates to the home occupation requirements; and
(3) The determination of CEQA exemption reflects the independent judgment of the Mayor
and City Council.
SECTION 3. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 22-01:
Section 19.42.050 (Findings) of the City of San Bernardino Development Code requires
that Development Code Amendments meet certain finding prior to approval by the Mayor and City
Council. Accordingly, the following findings are provided in support of the approval of
Development Code Amendment 22-01:
Finding No. 1:The proposed amendment is consistent with the General Plan.
Finding of Fact:Development Code Amendment 22-01 is consistent with the General Plan,
as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino’s
unique neighborhoods.
Land Use Goal 2.2: Promote development that integrates
with and minimizes impacts on surrounding land uses.
Packet Pg.444
ORDINANCE NO. MC-1583
3
2
6
2
Given the advancements and nature of technology, changing household
dynamics and the societal transition to remote working, the adoption and
implementation of Development Code Amendment 22-01 is consistent with
the City’s General Plan by allowing for home occupations to operate while
maintaining the character and minimizing potential impact within
residential neighborhood.
Finding No. 2:The proposed amendment would not be detrimental to the public interest,
health, safety, convenience, or welfare of the City.
Finding of Fact:The adoption and implementation of Development Code Amendment 22-
01 is necessary and desirable for the development of the community and is
in the interests or furtherance of the public health, safety, convenience, and
general welfare of the City. The adoption and implementation of
Development Code Amendment 22-01 will help ensure that the residential
character of the neighborhoods within the City is preserved, while allowing
for the operation of home occupations resulting from the advancements and
nature of technology, changing household dynamics and the societal
transition to remote working.
SECTION 4.Section 19.54.030 (Home Occupation Permits – Operation Standards) of the
City of San Bernardino Municipal Code (Title 19) is hereby amended, in its entirety, to read as
follows:
“19.54.030 Operating Standards
Home occupations shall comply with all of the following operating standards:
1. No person shall operate or engage in a home occupation without first
obtaining a Home Occupation Permit in accordance with the provisions of
this Chapter, and no business license shall be issued to the operator of a
home occupation until a valid Home Occupation Permit is issued pursuant
to the provisions of this Chapter. Notwithstanding the foregoing, in the
event a business license is issued for a home occupation for which no Home
Occupation Permit has been issued, such fact shall in no way affect the
application and requirement of this Chapter;
2. Notwithstanding the foregoing, no Home Occupation Permit shall be
required pursuant to this Chapter if the person engaged in the performance
of work as an employee for an entity whose principal place of business is
located elsewhere and the use of the dwelling generates no pedestrian or
vehicular traffic beyond that customarily associated with the use of the
dwelling for residential dwelling purposes;
3. A separate Home Occupation Permit shall be required for each home
occupation being conducted within a dwelling;
Packet Pg.445
ORDINANCE NO. MC-1583
4
2
6
2
4. The home occupation shall not alter the outward appearance of the dwelling
unit;
5. There shall be no displays, sale or delivery of merchandise, or advertising
signs on the premises;
6. There shall be no signs other than the address and name of the resident;
7. There shall be no advertising which identifies the home occupation by street
address;
8. The use of the dwelling as a home occupation shall be clearly incidental and
subordinate to its use for residential purposes by its inhabitants. It shall not
occupy an area equivalent to more than 15 percent of the total square
footage for the dwelling. The garage located on the premises may be utilized
for storage of equipment, materials or supplies used in connection with the
home occupation provided such storage does not use any space in the garage
required for off-street parking. The use shall not involve storage of materials
or supplies in any carport, accessory structure(s) or outside any structures;
9. The home occupation shall not involve the use of commercial vehicles for
delivery of materials to or from the premises, other than one (1) vehicle not
to exceed a capacity of one and one-half tons owned by the operator of such
home occupation;
10. The home occupation shall not encroach into any required parking, setback,
or yard;
11. There shall be no use or storage of material or mechanical equipment not
recognized as being part of a normal household or hobby use;
12. Activities conducted and equipment or material used shall not change the
fire safety or occupancy classifications of the premises. Utility consumption
shall not exceed normal residential usage;
13. No use shall create or cause noise, dust, light, vibration, odor, gas, fumes,
toxic/hazardous materials, smoke, glare, or electrical interference or other
hazards or nuisances;
14. Only the occupants of the dwelling may be engaged in the home occupation;
15. The home occupation shall not generate pedestrian or vehicular traffic in
excess of that customarily associated with the land use district in which it is
located;
16. No home occupation shall be initiated until a current business license is
obtained, pursuant to Title 5 of the Municipal Code;
Packet Pg.446
ORDINANCE NO. MC-1583
5
2
6
2
17. A Home Occupation Permit shall not be transferable;
18. If the home occupation is to be conducted on rental property, the property owner or
authorized representative shall provide written authorization for the proposed use
prior to the submittal for a Home Occupation Permit; and
19. Any special condition established by the Director and made part of the record of
the Home Occupation Permit, as deemed necessary to carry out the intent of this
Chapter.”
SECTION 5.Notice of Determination: The Planning Division of the Community and
Economic Development Department is hereby directed to file a Notice of Determination with the
County Clerk of the County of San Bernardino within five (5) working days of final project
approval certifying the City’s compliance with the California Environmental Quality Act in
approving the Project.
SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or
phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council
hereby declares that it would have adopted each section irrespective of the fact that any one or
more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional,
invalid, or ineffective.
SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after
the date of its adoption.
SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall
certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general
circulation and published and circulated in the City in a manner permitted under Section 36933 of
the Government Code of the State of California.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August, 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.447
ORDINANCE NO. MC-1583
6
2
6
2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1583, introduced by the City Council of the City of San Bernardino, California,
at a regular meeting held at the 20th day of July, 2022 and adopted by the City Council of the City
of San Bernardino, California, at a regular meeting held at the ____ day of __________, 2022, by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
REYNOSO
CALVIN
ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________,
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.448
4
8
3
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services
Department:Finance
Subject:Approval of Commercial and Payroll Disbursements (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payroll disbursements for July 2022.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website and are updated
weekly by the Finance Department. The registers may be accessed by copying the
following link into an internet browser:
https://sbcity.org/city_hall/finance/warrant_register
Discussion
Packet Pg.449
4
8
3
Gross Payroll
Bi-Weekly for July 7, 2022 $2,609,902.40
Monthly for July 15, 2022 $11,666.69
Total Payroll D emands: $2,621,569.09
The following check registers are being presented for approval:
June 30, 2022 2021/22 (Register #51)$787,375.16
July 7, 2022 2022/23 (Register #1)$1,265,709.72
Total commercial check demands:$2,053,084.88
The following Electronic Funds Transfer (EFT) registers presented for approval:
June 10 to June 16, 2022 2021/22 (Register #1315-#1319) $ 1,174,704.28
Total commercial EFT demands: $ 1,174,704.28
2021-2025 Key Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Key Target No. 1: Improved Operational & Financial
Capacity by creating a framework for spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary
impact is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for July 2022.
Attachments
Attachment 1 Payroll Summary Report for July 2022
Attachment 2 Commercial checks & Payroll Register #51
Attachment 3 Commercial checks & Payroll Register #1
Attachment 4 Commercial EFT Registers #1315-1319
Ward: All
Packet Pg.450
Packet Pg.451
Packet Pg.452
Packet Pg.453
Packet Pg.454
Packet Pg.455
Packet Pg.456
Packet Pg.457
Packet Pg.458
Packet Pg.459
Packet Pg.460
Packet Pg.461
Packet Pg.462
Packet Pg.463
Packet Pg.464
Packet Pg.465
Packet Pg.466
Packet Pg.467
Packet Pg.468
Packet Pg.469
Packet Pg.470
Packet Pg.471
Packet Pg.472
Packet Pg.473
Packet Pg.474
Packet Pg.475
Packet Pg.476
Packet Pg.477
Packet Pg.478
Packet Pg.479
Packet Pg.480
Packet Pg.481
Packet Pg.482
Packet Pg.483
Packet Pg.484
Packet Pg.485
Packet Pg.486
Packet Pg.487
Packet Pg.488
Packet Pg.489
5
0
1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services
Department:Finance
Subject:Investment Portfolio Report for June 2022 (All Wards)
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 2022.
Background
The City’s Statement of Investment Policy requires that a monthly Investment Portfolio
Report be prepared and submitted to the Mayor and City Council. The Director of
Finance will prepare, review, and present the City’s Investment Portfolio Report and
confirm that the portfolio is in compliance with the City’s Investment Policy.
Discussion
The Investment Portfolio Report provides a synopsis of investment activity for the
City’s investment portfolio for the month ended June 30, 2022.
The City’s Investment Portfolio is in full compliance with the City’s current Investment
Policy and California Government Code section 53601, and there is sufficient cash
flow from a combination of liquid and maturing securities, bank deposits, and income
to meet the City’s expenditure requirements.
2021-2025 Key Strategic Targets and Goals
The acceptance and filing of the attached Investment Portfolio Report aligns with Key
Packet Pg.490
5
0
1
Target No. 1c: Improved Operational & Financial Capacity by implementing,
maintaining, and updating a fiscal accountability plan.
Fiscal Impact
There is no fiscal impact associated with receiving and filing the monthly investment
report.
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 2022.
Attachments
Attachment 1 Investment Portfolio Summary Report June 2022
Ward: All
Synopsis of Previous Council Actions: N/A
Packet Pg.491
Packet Pg.492
Packet Pg.493
Packet Pg.494
Packet Pg.495
Packet Pg.496
Packet Pg.497
Packet Pg.498
Packet Pg.499
Packet Pg.500
Packet Pg.501
5
4
6
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Barbara Whitehorn, Agency Director of Administrative Services
Department:Finance
Subject:Resolutions Authorizing Fiscal Year 2022-23 Special Tax Levies
for Previously Formed Community Facilities Districts
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1.Adopt Resolution No. 2022-165 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay the Annual Cost of Public Safety Services and
Administrative Expenses within Community Facilities District No. 2018-1 (Safety
Services) of the City of San Bernardino;
2.Adopt Resolution No. 2022-166 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No 2018-2
(Verdemont Ranch);
3.Adopt Resolution No. 2022-167 of the Mayor and City Council of the City of San
Bernardino, California Levying Special Taxes to be Collected During Fiscal Year
2022-23 to Pay the Annual Cost of Maintenance Services and Administrative
Expenses within Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino;
4.Adopt Resolution No. 2022-168 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Packet Pg.502
5
4
6
Administrative Expenses within Community Facilities District No. 2020-1
(Rancho Palma) of the City of San Bernardino; and
5.Adopt Resolution No. 2022-169 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2021-1 (Ferree
Street) of the City of San Bernardino.
Background
The City Council has previously formed Community Facilities District Nos. 2018-1
(Safety Services), 2018-2 (Verdemont Ranch), 2019-1 (Maintenance Services), 2020-
1 (Rancho Palma), and 2021-1 (Ferree Street) and adopted ordinances authorizing the
levy of special taxes within each Community Facilities District.
Discussion
At its July 20, 2022 meeting the City Council will be presented with five resolutions
authorizing the levy of special taxes within each of Community Facilities District No.
2018-1 (Safety Services), 2018-2 (Verdemont Ranch), 2019-1 (Maintenance Services),
2020-1 (Rancho Palma), and 2021-1 (Ferree Street), which will authorize the levy of
special taxes in each Community Facilities District for Fiscal Year 2022-23.
The special tax levies upon properties within Community Facilities District Nos. 2018-
2, 2020-1, and 2021-1 provide the revenue to pay the cost of facilities or to pay debt
service on bonds which may be issued for those community facilities districts. The
special tax levies on properties within Community Facilities District Nos. 2018-1 and
2019-1 provide the revenue to pay the cost of safety services (in the case of Community
Facilities District No. 2018-1, and to pay the costs of maintenance services (in the case
of Community Facilities’ District No. 2019-1). The amount of the assessments which
are proposed to be levied on all parcels of assessable land within each Community
Facilities District has been determined pursuant to the Rate and Method of
Apportionment of Special Tax for each Community Facilities District.
At its July 20, 2022 meeting the City Council will consider adoption of resolutions
levying the special taxes within each of the Community Facilities Districts.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 4: Economic Growth & Development - to
ensure 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 special tax levies upon properties within Community Facilities District Nos. 2018-
2, 2020-1, and 2021-1 provide the revenue to pay the cost of facilities or to pay debt
service on bonds which may be issued for those community facilities districts. The
Packet Pg.503
5
4
6
special tax levies on properties within Community Facilities District Nos. 2018-1 and
2019-1 provide the revenue to pay the cost of safety services (in the case of Community
Facilities District No. 2018-1), and to pay the costs of maintenance services (in the
case of Community Facilities District No. 2019-1).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution No. 2022-165 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During
Fiscal Year 2022-23 to Pay the Annual Cost of Public Safety Services and
Administrative Expenses within Community Facilities District No. 2018-1
(Safety Services) of the City of San Bernardino;
2. Adopt Resolution No. 2022-166 of the Mayor and City Council of the City of
San Bernardino, California, Levying Special Taxes to be Collected During
Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on
Bonds and Administrative Expenses within Community Facilities District No
2018-2 (Verdemont Ranch);
3. Adopt Resolution No. 2022-167 of the Mayor and City Council of the City of
San Bernardino, California Levying Special Taxes to be Collected During
Fiscal Year 2022-23 to Pay the Annual Cost of Maintenance Services and
Administrative Expenses within Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino;
4. Adopt Resolution No. 2022-168 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to Pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2020-1
(Rancho Palma) of the City of San Bernardino; and
5. Adopt Resolution No. 2022-169 of the Mayor and City Council of the City of San
Bernardino, California, Levying Special Taxes to be Collected During Fiscal
Year 2022-23 to pay for Facilities or to Pay Principal and Interest on Bonds and
Administrative Expenses within Community Facilities District No. 2021-1 (Ferree
Street) of the City of San Bernardino.
Attachments
Attachment 1 Resolution No. 2022-165 Levying Special Taxes to be Collected
During Fiscal Year 2022-23 to Pay the Annual Cost of Public Safety
Services and Administrative Expenses within Community Facilities
District No. 2018-1 (Safety Services) of the City of San Bernardino.
Attachment 2 Resolution No. 2022-165; Exhibit A - CFD 2018-1
Attachment 3 Resolution No. 2022-166 Levying Special Taxes to be Collected
During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal
Packet Pg.504
5
4
6
and Interest on Bonds and Administrative Expenses within
Community Facilities District No 2018-2 (Verdemont Ranch).
Attachment 4 Resolution No. 2022-166; Exhibit A - CFD 2018-2
Attachment 5 Resolution No. 2022-167 Levying Special Taxes to be Collected
During Fiscal Year 2022-23 to Pay the Annual Cost of Maintenance
Services and Administrative Expenses within Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San
Bernardino.
Attachment 6 Resolution No. 2022-167; Exhibit A - CFD 2019-1
Attachment 7 Resolution No. 2022-168 Levying Special Taxes to be Collected
During Fiscal Year 2022-23 to Pay for Facilities or to Pay Principal
and Interest on Bonds and Administrative Expenses within
Community Facilities District No. 2020-1 (Rancho Palma) of the City
of San Bernardino
Attachment 8 Resolution No. 2022-168; Exhibit A - CFD 2020-1
Attachment 9 Resolution No. 2022-169 Levying Special Taxes to be Collected
During Fiscal Year 2022-23 to pay for Facilities or to Pay Principal
and Interest on Bonds and Administrative Expenses within
Community Facilities District No. 2021-1 (Ferree Street) of the City
of San Bernardino
Attachment 10 Resolution No. 2022-169; Exhibit A - CFD 2021-1
Ward:
All Wards
Synopsis of Previous Council Actions:
July 20, 2022 Mayor and City Council has previously formed Community Facilities
District Nos. 2018-1 (Safety Services), 2018-2 (Verdemont Ranch),
2019-1 (Maintenance Services), 2020-1 (Rancho Palma), and
2021-1 (Ferree Street) and adopted ordinances authorizing the levy
of special taxes within each Community Facilities District.
Packet Pg.505
A-1
RESOLUTION NO. 2022-165
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY THE ANNUAL COST OF
PUBLIC SAFETY SERVICES AND ADMINISTRATIVE
EXPENSES WITHIN COMMUNITY FACILITIES
DISTRICT NO. 2018-1 (SAFETY SERVICES) OF THE CITY
OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of the annual cost of providing public safety services within Community Facilities District No.
2018-1 (Safety Services) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1506, adopted on
October 3, 2018; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay the
cost of public safety services and for the payment of administrative expenses incurred in
connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2022-23 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
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 above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2022-23 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, 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. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
Packet Pg.506
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to 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 “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
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 3rd day of August, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg.507
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. 2022-165 adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg.508
APN Amount
0261-761-01 $385.00
0261-761-02 $385.00
0261-761-03 $385.00
0261-761-04 $385.00
0261-761-05 $385.00
0261-761-06 $385.00
0261-761-07 $385.00
0261-761-08 $385.00
0261-761-09 $385.00
0261-761-10 $385.00
0261-761-11 $385.00
0261-761-12 $385.00
0261-761-13 $385.00
0261-761-14 $385.00
0261-761-15 $385.00
0261-761-16 $385.00
0261-761-17 $385.00
0261-761-18 $385.00
0261-761-19 $385.00
0261-761-20 $385.00
0261-761-21 $385.00
0261-761-22 $385.00
0261-761-23 $385.00
0261-761-24 $385.00
0261-761-25 $385.00
0261-761-26 $385.00
0261-761-27 $385.00
0261-761-28 $385.00
0261-761-29 $385.00
0261-761-30 $385.00
0261-761-31 $385.00
0261-761-32 $385.00
0261-761-33 $385.00
0261-761-34 $385.00
0261-761-35 $385.00
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg.509
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-761-36 $385.00
0261-761-37 $385.00
0261-761-38 $385.00
0261-761-39 $385.00
0261-761-40 $385.00
0261-761-41 $385.00
0261-761-42 $385.00
0261-761-43 $385.00
0261-761-44 $385.00
0261-761-45 $385.00
0261-761-46 $385.00
0261-761-47 $385.00
0261-761-48 $385.00
0261-761-49 $385.00
0261-761-50 $385.00
0261-761-51 $385.00
0261-761-52 $385.00
0261-761-53 $385.00
0261-761-54 $385.00
0261-761-55 $385.00
0261-762-01 $385.00
0261-762-02 $385.00
0261-762-03 $385.00
0261-762-14 $385.00
0261-762-15 $385.00
0261-762-16 $385.00
0261-762-17 $385.00
0261-762-18 $385.00
0261-762-19 $385.00
0261-762-20 $385.00
0261-762-21 $385.00
0261-762-22 $385.00
0261-762-23 $385.00
0261-762-24 $385.00
0261-762-25 $385.00
Packet Pg.510
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-26 $385.00
0261-762-27 $385.00
0261-762-28 $385.00
0261-762-29 $385.00
0261-762-30 $385.00
0261-762-31 $385.00
0261-762-32 $385.00
0261-762-33 $385.00
0261-762-34 $385.00
0261-762-35 $385.00
0261-762-36 $385.00
0261-762-37 $385.00
0261-762-38 $385.00
0261-762-39 $385.00
0261-762-40 $385.00
0261-762-41 $385.00
0261-762-42 $385.00
0261-762-43 $385.00
0261-762-44 $385.00
0261-762-45 $385.00
0261-762-46 $385.00
0261-762-47 $385.00
0261-762-48 $385.00
0261-762-49 $385.00
0261-762-50 $385.00
0261-762-51 $385.00
0261-762-52 $385.00
0261-762-53 $385.00
0261-762-54 $385.00
0261-762-55 $385.00
0261-762-56 $385.00
0261-762-57 $385.00
0261-762-58 $385.00
0261-762-59 $385.00
0261-762-60 $385.00
Packet Pg.511
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-61 $385.00
0261-762-62 $385.00
0261-762-63 $385.00
0261-762-64 $385.00
0261-771-01 $385.00
0261-771-02 $385.00
0261-771-03 $385.00
0261-771-04 $385.00
0261-771-05 $385.00
0261-771-06 $385.00
0261-771-07 $385.00
0261-771-08 $385.00
0261-771-09 $385.00
0261-771-10 $385.00
0261-771-11 $385.00
0261-771-12 $385.00
0261-771-13 $385.00
0261-771-14 $385.00
0261-771-15 $385.00
0261-771-16 $385.00
0261-771-17 $385.00
0261-771-18 $385.00
0261-771-19 $385.00
0261-771-20 $385.00
0261-771-21 $385.00
0261-771-22 $385.00
0261-771-23 $385.00
0261-771-24 $385.00
0261-771-25 $385.00
0261-771-26 $385.00
0261-771-27 $385.00
0261-771-28 $385.00
0281-172-24 $385.00
0281-172-25 $385.00
0281-172-26 $385.00
Packet Pg.512
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-172-27 $385.00
0281-172-28 $385.00
0281-441-01 $385.00
0281-441-02 $385.00
0281-441-03 $385.00
0281-441-04 $385.00
0281-441-05 $385.00
0281-441-06 $385.00
0281-441-07 $385.00
0281-441-08 $385.00
0281-441-09 $385.00
0281-441-10 $385.00
0281-441-11 $385.00
0281-441-12 $385.00
0281-441-13 $385.00
0281-441-14 $385.00
0281-441-15 $385.00
0281-441-16 $385.00
0281-441-17 $385.00
0281-441-18 $385.00
0281-441-19 $385.00
0281-441-20 $385.00
0281-441-21 $385.00
0281-441-22 $385.00
0281-441-23 $385.00
0281-441-24 $385.00
0281-441-25 $385.00
0281-441-26 $385.00
0281-441-27 $385.00
0281-441-28 $385.00
0281-441-29 $385.00
0281-441-30 $385.00
0281-441-31 $385.00
0281-441-32 $385.00
0281-441-33 $385.00
Packet Pg.513
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-441-34 $385.00
0281-441-35 $385.00
0281-441-36 $385.00
0281-441-37 $385.00
0281-441-38 $385.00
0281-441-39 $385.00
0281-441-40 $385.00
0281-441-41 $385.00
0281-441-42 $385.00
0281-441-43 $385.00
0281-441-44 $385.00
0281-441-45 $385.00
0281-441-46 $385.00
0281-441-47 $385.00
0281-441-48 $385.00
0281-441-49 $385.00
0281-441-50 $385.00
0281-441-51 $385.00
0281-441-52 $385.00
0281-441-53 $385.00
0281-441-54 $385.00
0281-442-01 $385.00
0281-442-02 $385.00
0281-442-03 $385.00
0281-442-04 $385.00
0281-442-05 $385.00
0281-442-06 $385.00
0281-442-07 $385.00
0281-442-08 $385.00
0281-442-09 $385.00
0281-442-10 $385.00
0281-442-11 $385.00
0281-442-12 $385.00
0281-442-13 $385.00
0281-442-14 $385.00
Packet Pg.514
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-442-15 $385.00
0281-442-16 $385.00
0281-442-17 $385.00
0281-442-18 $385.00
0281-442-19 $385.00
0281-442-20 $385.00
0281-442-21 $385.00
0281-442-22 $385.00
0281-442-23 $385.00
0281-442-24 $385.00
0281-442-25 $385.00
0281-442-26 $385.00
0281-442-27 $385.00
0281-442-28 $385.00
0281-442-29 $385.00
0281-442-30 $385.00
0281-442-31 $385.00
0281-442-32 $385.00
0281-442-33 $385.00
0281-442-34 $385.00
0281-442-35 $385.00
0281-442-36 $385.00
0281-442-37 $385.00
0281-442-38 $385.00
0281-442-39 $385.00
0281-442-40 $385.00
0281-442-41 $385.00
0281-442-42 $385.00
Packet Pg.515
A-1
RESOLUTION NO. 2022-166
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY FOR FACILITIES OR TO
PAY PRINCIPAL AND INTEREST ON BONDS AND
ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2018-2 (VERDEMONT
RANCH) OF THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of facilities or to pay principal of and interest on bonds within Community Facilities District No.
2018-2 (Verdemont Ranch) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1507, adopted on October 3,
2018; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay for
facilities or to pay principal and interest on bonds and for the payment of administrative expenses
incurred in connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2022-23 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
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 above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2022-23 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, 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.
Packet Pg.516
SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to 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 “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
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 3rd day of August, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg.517
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. 2022-166 adopted at a regular meeting held on the 20th day of July, 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg.518
APN Amount
0261-771-01 $2,863.20
0261-771-02 $2,790.04
0261-771-03 $2,863.20
0261-771-04 $2,790.04
0261-771-05 $2,863.20
0261-771-06 $2,644.78
0261-771-07 $2,979.62
0261-771-08 $2,790.04
0261-771-09 $2,863.20
0261-771-10 $2,644.78
0261-771-11 $2,863.20
0261-771-12 $2,790.04
0261-771-13 $2,979.62
0261-771-14 $2,644.78
0261-771-15 $2,979.62
0261-771-16 $2,790.04
0261-771-17 $2,863.20
0261-771-18 $2,790.04
0261-771-19 $2,790.04
0261-771-20 $2,863.20
0261-771-21 $2,863.20
0261-771-22 $2,790.04
0261-771-23 $2,863.20
0261-771-24 $2,644.78
0261-771-25 $2,863.20
0261-771-26 $2,790.04
0261-771-27 $2,790.04
0261-771-28 $2,644.78
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2018-2 (VERDEMONT RANCH)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg.519
Resolution No. 2022-167
Resolution No. 2022-167
August 3, 2022
Page 1 of 3
RESOLUTION NO. 2022-167
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY THE ANNUAL COST OF
MAINTENANCE SERVICES AND ADMINISTRATIVE
EXPENSES WITHIN COMMUNITY FACILITIES
DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF
THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of the annual cost of providing maintenance services within Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1522, adopted on July 17,
2019; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay the
cost of maintenance services and for the payment of administrative expenses incurred in
connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2022-23 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
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 above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2022-23 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
Packet Pg.520
Resolution No. 2022-167
Resolution No. 2022-167
August 3, 2022
Page 2 of 3
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. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to 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 “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
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 3rd day of August, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg.521
Resolution No. 2022-167
Resolution No. 2022-167
August 3, 2022
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2022-167 adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg.522
APN Amount
0142-811-01 $1,117.02
0142-811-02 $1,117.02
0142-811-03 $1,117.02
0142-811-04 $1,117.02
0142-811-05 $1,117.02
0142-811-06 $1,117.02
0142-811-07 $1,117.02
0142-811-08 $1,117.02
0142-811-09 $1,117.02
0142-811-10 $1,117.02
0142-811-11 $1,117.02
0142-811-12 $1,117.02
0142-811-13 $1,117.02
APN Amount
0261-771-01 $549.78
0261-771-02 $549.78
0261-771-03 $549.78
0261-771-04 $549.78
0261-771-05 $549.78
0261-771-06 $549.78
0261-771-07 $549.78
0261-771-08 $549.78
0261-771-09 $549.78
0261-771-10 $549.78
0261-771-11 $549.78
0261-771-12 $549.78
0261-771-13 $549.78
0261-771-14 $549.78
0261-771-15 $549.78
0261-771-16 $549.78
0261-771-17 $549.78
0261-771-18 $549.78
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Tax Zone 1
Tax Zone 2
Packet Pg.523
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-771-19 $549.78
0261-771-20 $549.78
0261-771-21 $549.78
0261-771-22 $549.78
0261-771-23 $549.78
0261-771-24 $549.78
0261-771-25 $549.78
0261-771-26 $549.78
0261-771-27 $549.78
0261-771-28 $549.78
APN Amount
0141-431-24 $38,502.28
APN Amount
0266-041-39 $3,301.10
APN Amount
0261-761-01 $392.00
0261-761-02 $392.00
0261-761-03 $392.00
0261-761-04 $392.00
0261-761-05 $392.00
0261-761-06 $392.00
0261-761-07 $392.00
0261-761-08 $392.00
0261-761-09 $392.00
0261-761-10 $392.00
0261-761-11 $392.00
0261-761-12 $392.00
0261-761-13 $392.00
0261-761-14 $392.00
Tax Zone 4
Tax Zone 5
Tax Zone 3
Packet Pg.524
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-761-15 $392.00
0261-761-16 $392.00
0261-761-17 $392.00
0261-761-18 $392.00
0261-761-19 $392.00
0261-761-20 $392.00
0261-761-21 $392.00
0261-761-22 $392.00
0261-761-23 $392.00
0261-761-24 $392.00
0261-761-25 $392.00
0261-761-26 $392.00
0261-761-27 $392.00
0261-761-28 $392.00
0261-761-29 $392.00
0261-761-30 $392.00
0261-761-31 $392.00
0261-761-32 $392.00
0261-761-33 $392.00
0261-761-34 $392.00
0261-761-35 $392.00
0261-761-36 $392.00
0261-761-37 $392.00
0261-761-38 $392.00
0261-761-39 $392.00
0261-761-40 $392.00
0261-761-41 $392.00
0261-761-42 $392.00
0261-761-43 $392.00
0261-761-44 $392.00
0261-761-45 $392.00
0261-761-46 $392.00
0261-761-47 $392.00
0261-761-48 $392.00
0261-761-49 $392.00
Packet Pg.525
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-761-50 $392.00
0261-761-51 $392.00
0261-761-52 $392.00
0261-761-53 $392.00
0261-761-54 $392.00
0261-761-55 $392.00
0261-762-01 $392.00
0261-762-02 $392.00
0261-762-03 $392.00
0261-762-14 $392.00
0261-762-15 $392.00
0261-762-16 $392.00
0261-762-17 $392.00
0261-762-18 $392.00
0261-762-19 $392.00
0261-762-20 $392.00
0261-762-21 $392.00
0261-762-22 $392.00
0261-762-23 $392.00
0261-762-24 $392.00
0261-762-25 $392.00
0261-762-26 $392.00
0261-762-27 $392.00
0261-762-28 $392.00
0261-762-29 $392.00
0261-762-30 $392.00
0261-762-31 $392.00
0261-762-32 $392.00
0261-762-33 $392.00
0261-762-34 $392.00
0261-762-35 $392.00
0261-762-36 $392.00
0261-762-37 $392.00
0261-762-38 $392.00
0261-762-39 $392.00
Packet Pg.526
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0261-762-40 $392.00
0261-762-41 $392.00
0261-762-42 $392.00
0261-762-43 $392.00
0261-762-44 $392.00
0261-762-45 $392.00
0261-762-46 $392.00
0261-762-47 $392.00
0261-762-48 $392.00
0261-762-49 $392.00
0261-762-50 $392.00
0261-762-51 $392.00
0261-762-52 $392.00
0261-762-53 $392.00
0261-762-54 $392.00
0261-762-55 $392.00
0261-762-56 $392.00
0261-762-57 $392.00
0261-762-58 $392.00
0261-762-59 $392.00
0261-762-60 $392.00
0261-762-61 $392.00
0261-762-62 $392.00
0261-762-63 $392.00
0261-762-64 $392.00
APN Amount
0261-182-41 $16,023.42
APN Amount
0147-114-20 $3,452.20
0147-114-21 $2,595.52
Tax Zone 6
Tax Zone 7
Packet Pg.527
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0281-441-01 $213.46
0281-441-02 $213.46
0281-441-03 $213.46
0281-441-04 $213.46
0281-441-05 $213.46
0281-441-06 $213.46
0281-441-07 $213.46
0281-441-08 $213.46
0281-441-09 $213.46
0281-441-10 $213.46
0281-441-11 $213.46
0281-441-12 $213.46
0281-441-13 $213.46
0281-441-14 $213.46
0281-441-15 $213.46
0281-441-16 $213.46
0281-441-17 $213.46
0281-441-18 $213.46
0281-441-19 $213.46
0281-441-20 $213.46
0281-441-21 $213.46
0281-441-22 $213.46
0281-441-23 $213.46
0281-441-24 $213.46
0281-441-25 $213.46
0281-441-26 $213.46
0281-441-27 $213.46
0281-441-28 $213.46
0281-441-29 $213.46
0281-441-30 $213.46
0281-441-31 $213.46
0281-441-32 $213.46
0281-441-33 $213.46
0281-441-34 $213.46
Tax Zone 8
Packet Pg.528
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0281-441-35 $213.46
0281-441-36 $213.46
0281-441-37 $213.46
0281-441-38 $213.46
0281-441-39 $213.46
0281-441-40 $213.46
0281-441-41 $213.46
0281-441-42 $213.46
0281-441-43 $213.46
0281-441-44 $213.46
0281-441-45 $213.46
0281-441-46 $213.46
0281-441-47 $213.46
0281-441-48 $213.46
0281-441-49 $213.46
0281-441-50 $213.46
0281-441-51 $213.46
0281-441-52 $213.46
0281-441-53 $213.46
0281-441-54 $213.46
0281-442-01 $213.46
0281-442-02 $213.46
0281-442-03 $213.46
0281-442-04 $213.46
0281-442-05 $213.46
0281-442-06 $213.46
0281-442-07 $213.46
0281-442-08 $213.46
0281-442-09 $213.46
0281-442-10 $213.46
0281-442-11 $213.46
0281-442-12 $213.46
0281-442-13 $213.46
0281-442-14 $213.46
0281-442-15 $213.46
Packet Pg.529
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
0281-442-16 $213.46
0281-442-17 $213.46
0281-442-18 $213.46
0281-442-19 $213.46
0281-442-20 $213.46
0281-442-21 $213.46
0281-442-22 $213.46
0281-442-23 $213.46
0281-442-24 $213.46
0281-442-25 $213.46
0281-442-26 $213.46
0281-442-27 $213.46
0281-442-28 $213.46
0281-442-29 $213.46
0281-442-30 $213.46
0281-442-31 $213.46
0281-442-32 $213.46
0281-442-33 $213.46
0281-442-34 $213.46
0281-442-35 $213.46
0281-442-36 $213.46
0281-442-37 $213.46
0281-442-38 $213.46
0281-442-39 $213.46
0281-442-40 $213.46
0281-442-41 $213.46
0281-442-42 $213.46
APN Amount
0148-122-04 $12,080.24
APN Amount
0280-151-29 $10,860.60
Tax Zone 9
Tax Zone 10
Packet Pg.530
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
APN Amount
1192-311-01 $5,345.30
Tax Zone 11
Packet Pg.531
Resolution No. 2022-168
Resolution No. 2022-168
August 3, 2022
Page 1 of 3
RESOLUTION NO. 2022-168
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY FOR FACILITIES OR TO
PAY PRINCIPAL AND INTEREST ON BONDS AND
ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF
THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of facilities or to pay principal of and interest on bonds within Community Facilities District No.
2020-1(Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of
California (the “District”), and for the payment of administrative expenses incurred in connection
with the levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1540, adopted on August 19,
2020; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay for
facilities or to pay principal and interest on bonds and for the payment of administrative expenses
incurred in connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2022-23 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
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 above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2022-23 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Code, such special taxes shall be collected in the same manner as ordinary ad valorem property
Packet Pg.532
Resolution No. 2022-168
Resolution No. 2022-168
August 3, 2022
Page 2 of 3
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. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to 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 “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
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 3rd day of August, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg.533
Resolution No. 2022-168
Resolution No. 2022-168
August 3, 2022
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2022-168 adopted at a regular meeting held on the 3rd day of August, 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg.534
APN Amount
0261-761-01 $2,420.00
0261-761-02 $2,185.00
0261-761-03 $2,525.00
0261-761-04 $2,185.00
0261-761-05 $2,420.00
0261-761-06 $2,525.00
0261-761-07 $2,525.00
0261-761-08 $2,185.00
0261-761-09 $2,420.00
0261-761-10 $2,525.00
0261-761-11 $2,420.00
0261-761-12 $2,185.00
0261-761-13 $2,525.00
0261-761-14 $2,420.00
0261-761-15 $2,525.00
0261-761-16 $2,185.00
0261-761-17 $2,420.00
0261-761-18 $2,525.00
0261-761-19 $2,185.00
0261-761-20 $2,420.00
0261-761-21 $2,420.00
0261-761-22 $2,185.00
0261-761-23 $2,525.00
0261-761-24 $2,420.00
0261-761-25 $2,185.00
0261-761-26 $2,525.00
0261-761-27 $2,525.00
0261-761-28 $2,185.00
0261-761-29 $2,420.00
0261-761-30 $2,525.00
0261-761-31 $2,185.00
0261-761-32 $2,420.00
0261-761-33 $2,525.00
0261-761-34 $2,420.00
0261-761-35 $2,185.00
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg.535
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-761-36 $2,420.00
0261-761-37 $2,525.00
0261-761-38 $2,525.00
0261-761-39 $2,185.00
0261-761-40 $2,420.00
0261-761-41 $2,525.00
0261-761-42 $2,420.00
0261-761-43 $2,420.00
0261-761-44 $2,185.00
0261-761-45 $2,525.00
0261-761-46 $2,185.00
0261-761-47 $2,420.00
0261-761-48 $2,525.00
0261-761-49 $2,420.00
0261-761-50 $2,525.00
0261-761-51 $2,185.00
0261-761-52 $2,525.00
0261-761-53 $2,185.00
0261-761-54 $2,525.00
0261-761-55 $2,420.00
0261-762-01 $2,185.00
0261-762-02 $2,080.00
0261-762-03 $1,880.00
0261-762-14 $2,185.00
0261-762-15 $1,880.00
0261-762-16 $2,080.00
0261-762-17 $2,185.00
0261-762-18 $2,080.00
0261-762-19 $1,880.00
0261-762-20 $2,185.00
0261-762-21 $1,880.00
0261-762-22 $2,080.00
0261-762-23 $2,185.00
0261-762-24 $1,880.00
0261-762-25 $2,185.00
Packet Pg.536
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-26 $2,080.00
0261-762-27 $1,880.00
0261-762-28 $2,185.00
0261-762-29 $2,080.00
0261-762-30 $1,880.00
0261-762-31 $2,080.00
0261-762-32 $2,185.00
0261-762-33 $2,185.00
0261-762-34 $2,080.00
0261-762-35 $1,880.00
0261-762-36 $2,185.00
0261-762-37 $1,880.00
0261-762-38 $2,080.00
0261-762-39 $2,185.00
0261-762-40 $1,880.00
0261-762-41 $2,185.00
0261-762-42 $2,080.00
0261-762-43 $2,080.00
0261-762-44 $1,880.00
0261-762-45 $2,185.00
0261-762-46 $2,080.00
0261-762-47 $1,880.00
0261-762-48 $2,080.00
0261-762-49 $2,185.00
0261-762-50 $2,080.00
0261-762-51 $2,185.00
0261-762-52 $1,880.00
0261-762-53 $2,080.00
0261-762-54 $2,185.00
0261-762-55 $2,080.00
0261-762-56 $1,880.00
0261-762-57 $2,185.00
0261-762-58 $1,880.00
0261-762-59 $2,080.00
0261-762-60 $2,185.00
Packet Pg.537
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0261-762-61 $1,880.00
0261-762-62 $2,080.00
0261-762-63 $2,185.00
0261-762-64 $1,880.00
Packet Pg.538
Resolution No. 2022-169
Resolution No. 2022-169
August 3, 2022
Page 1 of 3
RESOLUTION NO. 2022-169
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
LEVYING SPECIAL TAXES TO BE COLLECTED DURING
FISCAL YEAR 2022-23 TO PAY FOR FACILITIES OR TO
PAY PRINCIPAL AND INTEREST ON BONDS AND
ADMINISTRATIVE EXPENSES WITHIN COMMUNITY
FACILITIES DISTRICT NO. 2021-1 (FERREE STREET) OF
THE CITY OF SAN BERNARDINO
WHEREAS, it is necessary that the City Council of the City of San Bernardino (the City
Council”) levy special taxes pursuant to Section 53340 of the Government Code for the payment
of facilities or to pay principal of and interest on bonds within Community Facilities District No.
2021-1 (Ferree Street) of the City of San Bernardino, County of San Bernardino, State of California
(the “District”), and for the payment of administrative expenses incurred in connection with the
levy and collection of said special taxes; and
WHEREAS, pursuant to Section 53340 of the Government Code, the City Council may
by resolution provide for the levy of special taxes on parcels of taxable property in the District at
a rate provided by ordinance or at a lower rate; and
WHEREAS, the City Council has previously levied special taxes on parcels of taxable
property in the District by ordinance, including Ordinance No. MC-1555, adopted on April 7,
2021; and
WHEREAS, the special taxes will be levied for fiscal year 2022-23 on all parcels in each
category of developed property in the District on the same basis and at the same rate to pay for
facilities or to pay principal and interest on bonds and for the payment of administrative expenses
incurred in connection with the levy and collection of said special taxes; and
WHEREAS, the rates of the special taxes that will be levied on such parcels for fiscal year
2022-23 will not exceed the rates of the special taxes that have previously been levied by
ordinance;
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 above recitals are true and correct
and are incorporated herein by this reference.
SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the
2022-23 fiscal year on all parcels of real property within the District which are subject to taxation,
which are identified in Exhibit “A” attached hereto. Pursuant to Section 53340 of the Government
Packet Pg.539
Resolution No. 2022-169
Resolution No. 2022-169
August 3, 2022
Page 2 of 3
Code, 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. CEQA. The Mayor and City Council finds this Resolution is not subject to
the California Environmental Quality Act (CEQA) in that the activity is covered by the general
rule that CEQA applies only to projects which have the potential for causing a significant effect
on the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Transmittal to County. The City Clerk shall immediately following adoption
of this resolution transmit a copy hereof to 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 “A” hereto, along with the ordinary ad valorem property taxes to be
levied on and collected from the owners of said parcels.
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 20th day of July, 2022.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
Packet Pg.540
Resolution No. 2022-169
Resolution No. 2022-169
August 3, 2022
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2022-169 adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2022.
___________________________________
Genoveva Rocha, CMC, City Clerk
Packet Pg.541
APN Amount
0281-441-01 $2,366.00
0281-441-02 $2,266.00
0281-441-03 $2,366.00
0281-441-04 $2,366.00
0281-441-05 $2,266.00
0281-441-06 $2,366.00
0281-441-07 $2,366.00
0281-441-08 $2,266.00
0281-441-09 $2,366.00
0281-441-10 $2,366.00
0281-441-11 $2,266.00
0281-441-12 $2,366.00
0281-441-13 $2,366.00
0281-441-14 $2,266.00
0281-441-15 $2,366.00
0281-441-16 $2,366.00
0281-441-17 $2,266.00
0281-441-18 $2,366.00
0281-441-19 $2,366.00
0281-441-20 $2,266.00
0281-441-21 $2,366.00
0281-441-22 $2,366.00
0281-441-23 $2,366.00
0281-441-24 $2,366.00
0281-441-25 $2,366.00
0281-441-26 $2,266.00
0281-441-27 $2,366.00
0281-441-28 $2,366.00
0281-441-29 $2,266.00
0281-441-30 $2,366.00
0281-441-31 $2,266.00
0281-441-32 $2,366.00
0281-441-33 $2,266.00
0281-441-34 $2,366.00
0281-441-35 $2,266.00
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
Packet Pg.542
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-441-36 $2,366.00
0281-441-37 $2,266.00
0281-441-38 $2,433.00
0281-441-39 $2,433.00
0281-441-40 $2,433.00
0281-441-41 $2,433.00
0281-441-42 $2,433.00
0281-441-43 $2,433.00
0281-441-44 $2,366.00
0281-441-45 $2,266.00
0281-441-46 $2,366.00
0281-441-47 $2,266.00
0281-441-48 $2,366.00
0281-441-49 $2,366.00
0281-441-50 $2,266.00
0281-441-51 $2,366.00
0281-441-52 $2,366.00
0281-441-53 $2,366.00
0281-441-54 $2,366.00
0281-442-01 $2,366.00
0281-442-02 $2,366.00
0281-442-03 $2,266.00
0281-442-04 $2,366.00
0281-442-05 $2,366.00
0281-442-06 $2,266.00
0281-442-07 $2,366.00
0281-442-08 $2,366.00
0281-442-09 $2,266.00
0281-442-10 $2,366.00
0281-442-11 $2,366.00
0281-442-12 $2,366.00
0281-442-13 $2,266.00
0281-442-14 $2,366.00
0281-442-15 $2,366.00
0281-442-16 $2,366.00
Packet Pg.543
APN Amount
Exhibit "A"
COMMUNITY FACILITIES DISTRICT NO. 2021-1 (FERREE STREET)
SPECIAL TAX LEVY
FISCAL YEAR 2022-23
0281-442-17 $2,366.00
0281-442-18 $2,366.00
0281-442-19 $2,433.00
0281-442-20 $2,433.00
0281-442-21 $2,433.00
0281-442-22 $2,433.00
0281-442-23 $2,433.00
0281-442-24 $2,433.00
0281-442-25 $2,433.00
0281-442-26 $2,433.00
0281-442-27 $2,433.00
0281-442-28 $2,433.00
0281-442-29 $2,433.00
0281-442-30 $2,433.00
0281-442-31 $2,433.00
0281-442-32 $2,433.00
0281-442-33 $2,366.00
0281-442-34 $2,266.00
0281-442-35 $2,366.00
0281-442-36 $2,266.00
0281-442-37 $2,366.00
0281-442-38 $2,266.00
0281-442-39 $2,366.00
0281-442-40 $2,366.00
0281-442-41 $2,366.00
0281-442-42 $2,366.00
Packet Pg.544
Page 1
2
5
3
City of San Bernardino
Request for Council Action
CONSENT CALENDAR
Date:July 20, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Rolland Kornblau, Director of Information Technology
Department:Information Technology
Subject:Amendment No. 2 to Agreement with California Computer
Options, Inc. (All Wards)
Packet Pg.545
Page 2
2
5
3
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize Amendment No. 2 to the Professional Service Agreement with
California Computer Options Inc., for information technology assistance in the City’s
migration to Office 365 and related server and other required upgrades.
Background
The City has been working to upgrade information technology infrastructure to improve
connectivity, security, customer service, and responsiveness. In conjunction with the
upgrade in September 2020, licenses for Microsoft Office 365 (O365), a cloud-based
platform, was purchased. Migration to O365 was halted due to unforeseeable
challenges with the City’s on-site server system, connectivity, and required
infrastructure upgrades. In April 2021, the City contracted with California Computer
Options, Inc., to assist with implementation of the migration. Staff initially estimated the
cost for the migration assistance at $28,750 with a not-to-exceed amount of $49,999;
however, additional services were required in the migration. On September 15, 2021,
the Mayor and City Council adopted Resolution No. 2021-234, authorizing an
amendment to the Professional Service Agreement (PSA) with California Computer
Options, Inc. in the amount of $10,000 bringing the contract not-to-exceed amount to
$59,999.
Discussion
At this time, the services provided have exhausted the purchase order amount of
$59,999 and additional funding of $34,500 is necessary to continue with the work
already in progress. Staff is recommending the execution of Amendment No. 2 to the
Professional Services Agreement with California Computer Options Inc., and to increase
the purchase order to an amount not-to-exceed $94,999. Amending the contract will
allow O365 to operate in the cloud without connectivity or security issues along with
continued IT support by California Computer Options Inc., to finalize the migration.
2021-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 2b: Evaluate operations and
performance, investment in resources, technology, and tools to continually improve
organizational efficiency and effectiveness.
Financial Impact
The amount of the amendment to this contract, $34,500, is included in the FY 2022/23
Information Technology operating budget. There are no additional funds needed.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize Amendment No. 2 to the Professional Service Agreement with
California Computer Options Inc., for information technology assistance in the City’s
migration to Office 365 and related server and other required upgrades.
Attachments
Attachment 1 - Estimate - Services and Costs
Attachment 2 - California Computer Options First Amendment - Exhibit A -
Scope of Services & Compensation
Attachment 3 - Resolution No. 2021-234
Attachment 4 - Second Amendment - California Computer Options PSA
Packet Pg.546
Page 3
2
5
3
Ward: All Wards
Synopsis of Previous Council Actions
September 15, 2021 The Mayor and City Council adopted Resolution No. 2021-234 to
amend the Public Service Agreement with California Computer Options, Inc., for
information technology assistance in the City's migration to Office 365 and related server
and other required.
Packet Pg.547
DESCRIPTION PRICE QTY SUBTOTAL
Supplemental IT Support Project:
Microsoft 365 Remaining Project Tasks,
Priority Remediation, Recommended IT
Support
See attached detail summary
Block hour contract:
•Priority support for
Supplemental IT Support and/
or other IT support.
•365 days to use hours
•300 hour block contract
•Discounted hourly rate $115/
hour (Regular hourly rate $150/
hour)
•Hours over 400 hour block
contract are billable at the
discounted rate of $115/hr. for
the duration of this project.
$115 300 $34,500
Total per hour $0
Total $34,500
1
EEstimatstimatee
Packet Pg.548
1.The above reference items are New, and include shipping and Tax, unless otherwised specified.
Prices are good for 30 days, unless otherwised specified.
2.If you have any questions at all, please let us know. We're happy to clarify any points and there
may be some items that we can sort out together. We're committed to finding the best way to
work together.
3.Once you feel confident about everything and are ready to move forward, please click the 'sign
here' button below.
4.Once we receive notification of your acceptance, we'll contact you shortly to sort out next steps
and get the project rolling.
5.If you'd like to speak to us by phone, don't hesitate to call 909-793-6338
Authorized representatives of the parties hereby execute this Request for Quotation and if
price and terms are acceptable, Then CCO will prepare the proforma invoice.
______________________________________
Rolland Kornblau,City of San Bernardino
Brad McDermith,California Computer Options, Inc.
2
SignatSignatururee
Packet Pg.549
Packet Pg.550
Packet Pg.551
Packet Pg.552
Packet Pg.553
Packet Pg.554
Packet Pg.555
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND
CALIFORNIA COMPUTER OPTIONS, LLC
This Second Amendment to the Professional Services Agreement (“Second
Amendment”) is made into and entered into this 20th day of July 2022 (“Effective Date”) by and
between the City of San Bernardino, a charter city and municipal corporation organized and
operating under the laws of the State of California with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, CA 92401 ("City"), and California Computer
Options, LLC, a limited liability company, with its principal place of business at 447 Missouri
Court, Redlands, CA 92373 (hereinafter referred to as "Consultant"). City and Consultant are
hereinafter sometimes referred to individually as "Party" and collectively as the "Parties."
RECITALS
A.WHEREAS, the City and the Consultant entered into a Professional Services
Agreement, dated April 30, 2021, to assist the City Information Technology Department in the
migration to Office 365 including any required upgrades to critical infrastructure (the “Master
Agreement”).
B.WHEREAS, the City and the Consultant entered into the First Amendment to the
Master Agreement, dated September 15, 2021, for the purpose of providing additional support
services to the City and including additional funds for the additional support services.
C.WHEREAS, the Parties now wish to amend the Master Agreement in order to:
add additional professional services and support options, include additional funds for the
performance of the additional services, and provide a specific termination date for the term of the
Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants,
conditions, and promises contained in the this Second Amendment and the Master Agreement, the
Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are
hereby incorporated herein by this reference.
2. Services. The Services, as that term is outlined in the Master Agreement, shall be
amended to provide the City with additional professional services, as more fully described in Scope
of Services attached hereto as Exhibit “A”, attached to this Second Amendment and incorporated
herein by reference. These additional support services shall be billed at the rates set forth in
Exhibit “A”.
3. Compensation. The compensation for Services performed pursuant to this Second
Amendment shall not exceed Thirty Four Thousand Five Hundred Dollars ($34,500), thereby
Packet Pg.556
increasing the total not to exceed compensation of the Master Agreement to the amount of Ninety
Four Thousand Four Hundred Ninety Nine Dollars ($94,499).
4. Amendment to Section 6 – Term of the Master Agreement. Section 6 – Term of
the Master Agreement shall be revised as follows:
6. Term. This Agreement shall commence on the Effective Date and continue
through October 31, 2022, unless the Master Agreement is previously terminated as provided for
herein.
5. Full Force. Except as amended by this Second Amendment, all provisions of the
Master Agreement, as previously amended, including without limitation the indemnity and
insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Second Amendment.
6. Electronic Transmission. A manually signed copy of this Second Amendment
which is transmitted by facsimile, email or other means of electronic transmission shall be deemed
to have the same legal effect as delivery of an original executed copy of this Second Amendment
for all purposes. This Second Amendment may be signed using an electronic signature.
7. Counterparts. This Second Amendment may be signed in counterparts, each of
which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg.557
SIGNATURE PAGE FOR
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH
CALIFORNIA COMPUTER OPTIONS, LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Second Amendment on
the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field,
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
CALIFORNIA COMPUTER OPTIONS,
LLC
Brad McDermith,
Chief Executive Officer
Packet Pg.558
EXHIBIT “A”
SCOPE OF SERVICES/COMPENSATION
[ATTACHED]
Packet Pg.559
4
1
9
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Darren Goodman, Chief of Police
Department:Police
Subject:Purchase of patrol vehicle equipment
Recommendation
Authorize the Finance Department to issue a purchase order to DuraTech USA for up
to $185,000 for the purchase of patrol vehicle equipment.
Background
Each year, the Police Department’s budget includes funds for the purchase of police
vehicles. After purchase of the vehicles from the dealership, those vehicles
designated for patrol purposes require the installation of specialized equipment to
make them ready for field deployment. Some of the equipment is available for order
through the vendor that currently installs the equipment, however, the Police
Department has identified alternative vendors who are capable of supplying computer
equipment and mounting hardware for a lower cost than the installer can offer. As a
result of this price difference, the Police Department has taken advantage of the
opportunity for cost savings by purchasing computers, software licenses, and vehicle
mounting equipment through these alternative vendors. That equipment is then
provided to the installer, reducing the overall equipment costs for each patrol vehicle.
Discussion
On April 13, 2022, the Finance Department posted a bid solicitation regarding the
purchase of equipment for police patrol vehicles. The bid solicitation was open for two
weeks and six bids were received before the process closed on April 27, 2022. The
bids were reviewed to ensure that all of the equipment was included in the bid
responses and that the items were a correct match for those requested by the Police
Department. During the review process two bids failed to meet those requirements
and were disqualified from consideration. One of the disqualified vendors was unable
to supply all of the equipment requested. Further research into the second disqualified
vendor’s bid revealed the bid included substitute computer equipment that did not meet
the Police Department’s needs. The table below lists the results from the remaining
Packet Pg.560
4
1
9
four vendors.
Vendor Meets Specifications Cost
DuraTech USA Yes $182,486.25
RCN Communications LLC Yes $198,825.25
Derotic LLC Yes $227,490.30
Technology International Inc. Yes $230,826.21
Based on cost, the ability to meet bid specifications, and capability of supplying all of
the equipment requested, staff recommends DuraTech USA be selected as the best
value vendor for the purchase of patrol vehicle equipment.
2021-2025 Key Strategic Targets and Goals
Selection of the vendor capable of providing the equipment requested at the lowest
cost aligns with Key Target No. 1c: Improved Operational & Financial Capacity -
Implement, maintain, and update a fiscal accountability plan. The open bid process
and selection of DuraTech USA is consistent with maintaining fiscal accountability.
Fiscal Impact
The fiscal impact to the City involves the expenditure of up to $185,000. Sufficient
funding was allocated in the Fiscal Year 2022/2023 Adopted Budget for this expense.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the Finance Department to issue a purchase order to
DuraTech USA for up to $185,000 for the purchase of patrol vehicle equipment.
Attachments
Attachment 1 Duratech Bid
Attachment 2 Duratech Purchase Agreement
Ward: All
Synopsis of Previous Council Actions:
June 1, 2022 Mayor and City Council passed resolution 2022-102, adopting the
FY 2022/2023 budget.
March 1, 2022 Mayor and City Council passed resolution 2022-49, approving
issuing a purchase order to Fairview Ford for the purchase of police
vehicles.
Packet Pg.561
Packet Pg.562
Packet Pg.563
Packet Pg.564
Packet Pg.565
Packet Pg.566
Packet Pg.567
Packet Pg.568
Packet Pg.569
Packet Pg.570
Packet Pg.571
Packet Pg.572
Packet Pg.573
Packet Pg.574
Packet Pg.575
Packet Pg.576
Packet Pg.577
Packet Pg.578
Packet Pg.579
Packet Pg.580
Packet Pg.581
Packet Pg.582
Packet Pg.583
Packet Pg.584
Packet Pg.585
Packet Pg.586
Packet Pg.587
Packet Pg.588
Packet Pg.589
Packet Pg.590
Packet Pg.591
Packet Pg.592
Packet Pg.593
Packet Pg.594
Packet Pg.595
Packet Pg.596
Packet Pg.597
Packet Pg.598
Packet Pg.599
5
0
2
5
0
2
Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works, Operations
and Maintenance
Subject: Final Reading and Adoption of Ordinance No. MC-1582 –
Annexation No. 17 (Ward 3)
Recommendation
Adopt Ordinance No. MC-1582 of the Mayor and City Council of the City of San
Bernardino amending Ordinance No. MC-1522 and levying special taxes to be collected
during Fiscal Year 2022-2023 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).
Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was
set for July 17, 2019 for the issue of establishment of the community facilities district.
Discussion
On July 20, 2022, the Mayor and City Council introduced, read by title only, and waived
further reading of Ordinance No. MC-1582. The Ordinance is now being returned to the
Mayor and City Council for adoption. The Ordinance will become effective 30 days from
the date of adoption.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
Packet Pg.600
5
0
2
5
0
2
There is no fiscal impact associated with the recommended action of this item. All costs
associated with annexing property into the District has been borne by the Property
Owner. By annexing the subject property into the District, the costs of maintaining
improvements located within the development will be financed through special taxes
levied on the parcels within CFD 2019-1 and not through the City’s General Fund.
Conclusion
Adopt Ordinance No. MC-1582 of the Mayor and City Council of the City of San
Bernardino amending Ordinance No. MC-1522 and levying special taxes to be collected
during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing
of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping,
parks and trail maintenance, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District No. 2019-
1 (Maintenance Services).
Attachments
Attachment 1 Ordinance No. MC-1582 (Ordinance Levying Special Taxes)
Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
Ward: 3
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982.”
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178
establishing Community Facilities District No. 2019-1; Resolution
No. 2019-179 declaring election results for Community Facilities
District No. 2019-1; and conducted the first reading of Ordinance
No. MC-1522 levying special taxes to be collected during FY 2019-
20 to pay annual costs of maintenance, services and expenses with
respect to Community Facilities District No. 2019-1.
August 7, 2019 Mayor and City Council conducted the final reading of Ordinance
No. MC-1522 levying special taxes to be collected during FY 2019-
20 to pay annual costs of maintenance, services and expenses with
respect to Community Facilities District No. 2019-1.
April 6, 2022 Mayor and City Council adopted Resolution No. 2022-71, a
Resolution of Intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San
Packet Pg.601
5
0
2
5
0
2
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982.”
July 20, 2022 Mayor and City Council adopted Resolution No. 2022-106 calling
an election to submit to the qualified electors the question of levying
a special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Annexation No. 17), and adopted
Resolution No. 2022-107 declaring election results for Community
Facilities District No. 2019-1 (Annexation No. 17); and introduced
Ordinance No. MC-1582 amending Ordinance No. MC-1522.
Packet Pg.602
Ordinance No. MC-1582
ORDINANCE NO. MC-1582
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 2022-2023 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 June 1, 2022, at the time and place specified in said published and mailed
notice, the City Council opened a public hearing as required by law relative to the formation of the
Community Facilities District, the levy of the special taxes therein and the provision of services
by the Community Facilities District. The Mayor and City Council continued the public hearing
until July 20, 2022, at the request of the property owner; and
WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining
to the formation of the Community Facilities District, the levy of the special taxes and the provision
of services therein were heard, and a full and fair hearing was held; and
WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled
"Resolution of the City Council of the City of San Bernardino Establishing Calling An Election
for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the
Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
Packet Pg.603
Ordinance No. MC-1582
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 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2022.
John Valdivia, Mayor
Packet Pg.604
Ordinance No. MC-1582
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.605
Ordinance No. MC-1582
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1582, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 20th day of July 2022. Ordinance No. MC-1582 was
approved, passed, and adopted at a regular meeting held the ____ day of ______, 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.606
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Pg.607
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of June 15, 2022)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
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
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 To Be Determined
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
Packet Pg.608
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 18 Packet Pg. 609
4
4
3
Consent Calendar
City of San Bernardino
Request for Council Action
Date: August 3, 2022
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works, Operations, and
Maintenance
Subject: Resolution Declaring Intent to Annex Territory: Community Facilities
District No. 2019-1 (Maintenance Services): Annexation No. 22, Tax
Zone No. 23 (1300 E Highland) (Ward 7)
Recommendation
Adopt Resolution No. 2022-171 of the Mayor and City Council of the City of San
Bernardino, California, declaring the 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. 22) and authorizing the levy of special taxes
therein.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City
of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special
taxes on parcels of taxable property to provide certain services which are necessary to
meet increased demands on 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
Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services which are
necessary to meet increased demands on the City due to development.
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 on
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, authorizing the City to (1) hold the election and declare the election
Packet Pg.610
4
4
3
results; (2) shorten the election time requirements; (3) waive analysis and arguments; and
(4) waive all notice requirements relating to the conduct of the election immediately
following the public hearing.
The public facilities and services proposed to be financed within the territory to be
annexed to the District are as follows:
1. Public lighting and appurtenant facilities, including streetlights within public rights-
of-way and traffic signals;
2. Maintenance of streets, including pavement management, provision of street
sweeping; and
3. City and County costs associated with the setting, levying and collection of the
special tax, and the administration of the District including the contract
administration and the collection of reserve funds.
The proposed development includes approximately 4.63 gross acres of a commercial lot.
The intended use is a self-storage facility. The property is located south of the 210
Freeway, north of E Highland Ave between N. Golden Ave. and Mountain Ave. North. At
build out this development will create 4.16 net taxable acres of commercial property as a
new Tax Zone (No. 23) within CFD No. 2019-1, as shown in the boundary map and
included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-
1, a Resolution of Intention to annex property must be approved to identify the facilities
to be maintained and establish the maximum special tax for this Tax Zone. The Resolution
of Intention shall also set the date and time for the public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No.
23), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special
tax for this development has been calculated to be $847 per acre for FY 2022/23.
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 the City’s intent to annex territory to Community Facilities
District No. 2019-1 including the boundary of the area to be annexed and the rate
and method of apportionment of special taxes within the annexation area (the
special tax applies only to properties within the annexation area).
Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
Packet Pg.611
4
4
3
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 will be scheduled for
September 21, 2022.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensuring 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 $3,518 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.
2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2022-171, declaring the 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. 22) and
authorizing the levy of special taxes therein.
Attachments
Attachment 1 Resolution of Intention No. 2022-171
Attachment 2 Exhibit A - Description of Territory
Attachment 3 Exhibit B - Description of Services
Attachment 4 Exhibit C - Rate and Method of Apportionment
Attachment 5 Exhibit D - Boundary Maps
Attachment 6 Exhibit E - Signed Petition & Waiver
Attachment 7 Exhibit F - Notice of Public Hearing
Packet Pg.612
4
4
3
Attachment 8 Exhibit G - Special Election Ballot
Attachment 9 Project Map
Attachment 10 Maintenance Exhibit
Ward: 7
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District
No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of
1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was
adopted declaring election results for Community Facilities
District No. 2019-1; and first reading of Ordinance No. MC-
1522 levying special taxes to be collected during FY 2019-20
to pay annual costs of maintenance, services and expenses
with respect to Community Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes
to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
Packet Pg.613
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022
Page 1 of 4
4
9
2
RESOLUTION NO. 2022-171
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. 22) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino
(the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the Mayor and City Council has received a written instrument from the
landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex
territory to CFD No. 2019-1 and consenting to the shortening of election time requirements,
waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the
election; and
WHEREAS, the Mayor and City Council has been advised that certain property owners
have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD
No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it
proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the
Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor
and City Council determines that the public convenience and necessity require that such territory
be annexed to the Community Facilities District.
SECTION 2.Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
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
Packet Pg.614
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022
Page 2 of 4
4
9
2
entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 22, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4.Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the
area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the
City Clerk shall file the original of the Annexation map in his office and shall file a copy of the
Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days
prior to the date of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as
soon thereafter as practicable, on Wednesday, September 21, 2022, 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 Mayor and City Council will conduct a public
hearing on the proposed annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
Packet Pg.615
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022
Page 3 of 4
4
9
2
SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday September 21,
2022, to call the election on the annexation for the same date, pursuant to waiver of election time
limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail
to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot 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. That the Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.616
Resolution No. 2022-171
Resolution 2022-171
August 3, 2022
Page 4 of 4
4
9
2
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. 2022-171, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.617
EXHIBIT A
DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No.
2019-1”) Annexation No. 22 is currently comprised of 5 parcels, located within the City boundaries. The property
is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0150-471-04 1300 E Highland Ave LLC
0150-471-05 1300 E Highland Ave LLC
0150-471-06 1300 E Highland Ave LLC
0150-471-07 1300 E Highland Ave LLC
0150-471-08 1300 E Highland Ave LLC
Packet Pg.618
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Pg.619
EXHIBIT C
City of San Bernardino 1
Community Facilities District No. 2019‐1 (Maintenance Services)
RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
OF THE CITY OF SAN BERNARDINO
A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined
below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or
“CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July
1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity
as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth
below. All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,
shall be taxed to the extent and in the manner provided herein.
A. DEFINITIONS
“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel
Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the
applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be
calculated by the Administrator.
“Administrative Expenses” means the actual or reasonably estimated costs directly related to the
formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs
of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether
by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof
associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with
responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or
any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees
including payment of a proportional share of salaries and benefits of any City employees and City
overhead whose duties are related to the administration and third party expenses. Administrative
Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any
other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to
commencing and pursuing to completion any foreclosure of delinquent Special Taxes.
“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.
“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final
Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being
levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal
year in which the special tax is being levied.
“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number
by the County Assessor of the County of San Bernardino.
“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by
Assessor’s Parcel Number.
“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County
Assessor of the County.
Packet Pg.620
City of San Bernardino 2
Community Facilities District No. 2019‐1 (Maintenance Services)
“Building Square Footage” or “BSF” means the floor area square footage reflected on the original
construction building permit issued for construction of a building of Non‐Residential Property and any
Building Square Footage subsequently added to a building of such Taxable Property after issuance of
a building permit for expansion or renovation of such building.
“Calendar Year” means the period commencing January 1 of any year and ending the following
December 31.
“CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐
1 (Maintenance Services).
“City” means the City of San Bernardino.
“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA
is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in
the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs
of Services as determined by the Administrator; less a credit for funds available to reduce the annual
Special Tax B (Contingent) levy as determined by the Administrator.
“County” means the County of San Bernardino.
“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit
for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the
Special Tax is being levied.
“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as
provided for in Section G.
“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line
adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)
or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual
lots for which building permits may be issued without further subdivision.
“Fiscal Year” means the period from and including July 1st of any year to and including the following
June 30th.
“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an
Assessor’s Parcel is assigned consistent with the land use approvals that have been received or
proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is
being levied.
“Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B
(Contingent), as applicable.
“Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with
Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property
within CFD No. 2019‐1.
Packet Pg.621
City of San Bernardino 3
Community Facilities District No. 2019‐1 (Maintenance Services)
“Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as
determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's
Parcel of Taxable Property within CFD No. 2019‐1.
“Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists
of a building or buildings comprised of attached Residential Units sharing at least one common wall
with another unit.
“Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a
building permit(s) was issued for a non‐residential use. The Administrator shall make the
determination if an Assessor’s Parcel is Non‐Residential Property.
“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s
association established to maintain certain landscaping within a Tax Zone.
“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the
actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property
with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the
Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and
(iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum
Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.
“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile
by one or more persons, as determined by the Administrator.
“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed
Residential Units have been constructed or for which building permits have been or may be issued for
purposes of constructing one or more Residential Units.
“Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982
including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth
in the documents adopted by the City Council at the time the CFD was formed.
“Single Family Residential Property” means any residential property other than Multi‐Family
Residential Property on an Assessor’s Parcel.
“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal
Year on each Assessor’s Parcel of Taxable Property.
“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel
of Taxable Property to fund the Special Tax A Requirement.
"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year
to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both
the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for
maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,
streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)
public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the
Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A
Requirement include funds for Bonds.
Packet Pg.622
City of San Bernardino 4
Community Facilities District No. 2019‐1 (Maintenance Services)
“Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on
each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if
required.
"Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt
Property.
“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre.
"Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may
be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies
the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is
annexed into the CFD.
"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.
"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a
Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for
subdivision.
“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed
Property or Approved Property.
B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified
as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy
of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed
Property and Approved Property shall be classified as either Residential Property or Non‐Residential
Property. Residential Property shall be further classified as Single Family Residential Property or
Multi‐Family Residential Property and the number of Residential Units shall be determined by the
Administrator.
C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Residential Property, all such Assessor’s
Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon
as specified in or shown on the building permit(s) issued or Final Map as determined by the
Administrator. For Parcels of undeveloped property zoned for development of single family attached
or multi‐family units, the number of Residential Units shall be determined by referencing the
condominium plan, apartment plan, site plan or other development plan, or by assigning the
maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single
family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the
Administrator shall determine the actual number of Residential Units contained within the building
or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated
by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential
Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed
Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s
Packet Pg.623
City of San Bernardino 5
Community Facilities District No. 2019‐1 (Maintenance Services)
Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map
as determined by the Administrator. Once the Administrator determines the actual number of
Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the
Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building
Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone
below or as included in Appendix A as each Annexation occurs.
1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1,
the rate and method adopted for the annexed property shall reflect the Maximum Special Tax
A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for
Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:
TABLE 1
MAXIMUM SPECIAL TAX A RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961
(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)
for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the
preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax A that can be levied on an Assessor's Parcel
shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category
located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land
use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based
on the amount of Acreage designated for each land use as determined by reference to the
site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of
property shall be final.
b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to
each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the rate
and method adopted for the annexed property shall reflect the Maximum Special Tax A for the
Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property
Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:
Packet Pg.624
City of San Bernardino 6
Community Facilities District No. 2019‐1 (Maintenance Services)
TABLE 2
MAXIMUM SPECIAL TAX A RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific
to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019‐1, the
rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for
the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped
Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:
TABLE 3
MAXIMUM SPECIAL TAX A RATES
UNDEVELOPED PROPERTY
Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338
On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property
shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles
‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)
by two percent (2.0%), whichever is greater.
2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation
to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by
the Administrator, in each of the following circumstances:
(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or
(d) The POA fails to provide the Contingent Services at the same level as the City provides similar
services and maintains similar improvements throughout the City and within ninety (90) days
after written notice from the City, or such longer period permitted by the City Manager, fails
to remedy the deficiency to the reasonable satisfaction of the City Council.
a. Developed Property
(i) Maximum Special Tax B (Contingent)
Packet Pg.625
City of San Bernardino 7
Community Facilities District No. 2019‐1 (Maintenance Services)
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is
shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional
property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed
property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed
and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20
within Tax Zone 1 is identified in Table 4 below:
TABLE 4
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
DEVELOPED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
(ii) Increase in the Maximum Special Tax B (Contingent)
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for
Developed Property shall increase by i) the percentage increase in the Consumer Price Index
(All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of
the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one
Land Use Category. The Maximum Special Tax B (Contingent) that can be levied on an
Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be
levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel
that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated
to each type of property based on the amount of Acreage designated for each land use as
determined by reference to the site plan approved for such Assessor's Parcel. The
Administrator's allocation to each type of property shall be final.
b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 5 below:
TABLE 5
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
APPROVED PROPERTY
Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for
Packet Pg.626
City of San Bernardino 8
Community Facilities District No. 2019‐1 (Maintenance Services)
Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding
Fiscal Year, or ii) by two percent (2.0%), whichever is greater.
c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown
in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is
annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect
the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.
The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified
in Table 6 below:
TABLE 6
MAXIMUM SPECIAL TAX B (CONTINGENT) RATES
UNDEVELOPED PROPERTY
Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0
On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped
Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los
Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,
or ii) by two percent (2.0%), whichever is greater.
D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX
1. Special Tax A
Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine
the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable
Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each
Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:
First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed
Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special
Tax A Requirement for such Tax Zone;
Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first step has been completed, the Special Tax A shall be levied Proportionately on each
Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for
Approved Property;
Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone
after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all
Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special
Tax A for Undeveloped Property.
2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for
each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)
Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of
Packet Pg.627
City of San Bernardino 9
Community Facilities District No. 2019‐1 (Maintenance Services)
Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals
the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall
be levied for each Fiscal Year as follows:
First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed
Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy
the Contingent Special Tax B Requirement;
Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after
the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on
each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B
(Contingent) for Approved Property;
Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after
the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately
on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum
Special Tax B (Contingent) for Undeveloped Property.
E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time. As
each annexation is proposed, an analysis will be prepared to determine the annual cost for providing
Services. Based on this analysis, the property to be annexed, pursuant to California Government Code
section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone
when annexed and included in Appendix A.
F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.
For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services
are being provided.
G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are
owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;
(ii) with public or utility easements making impractical their utilization for other than the purposes set
forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for
public uses; or (iv) which is in use in the performance of a public function as determined by the
Administrator.
H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may
file a written notice of appeal with the City not later than twelve months after having paid the first
installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019‐1 shall promptly
review the appeal, and if necessary, meet with the property owner, consider written and oral evidence
regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision
requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property
owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that
Assessor’s Parcel in the subsequent Fiscal Year(s).
Packet Pg.628
City of San Bernardino 10
Community Facilities District No. 2019‐1 (Maintenance Services)
I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem
property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time
or in a different manner if necessary to meet its financial obligations.
Packet Pg.629
City of San Bernardino 11
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX A
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
COST ESTIMATE
Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance
services for Fiscal Year 2022‐23. These services are being funded by the levy of Special Tax A for
Community Facilities District No. 2019‐1.
TAX ZONE 23
TR 4592
Item Description Estimated Cost
1 Lighting $200
2 Streets $2,288
3 Reserves $30
4 Admin $1,000
Total $3,518
Special Tax B Contingent Services – The estimate in the table below breaks down the costs of
providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these
services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District
No. 2019‐1 Tax Zone 24.
TAX ZONE 23 (CONTINGENT SERVICES)
TR 4592
Item Description Estimated Cost
1 Drainage $287
2 Reserves $43
3 Admin $1,000
Total $1,330
TAX ZONE 23
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
DEVELOPED PROPERTY AND APPROVED PROPERTY
Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non‐Residential Property Acre $847 $320
TAX ZONE 23
FY 2022‐23 MAXIMUM SPECIAL TAX RATES
UNDEVELOPED PROPERTY
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $887 $0
Packet Pg.630
City of San Bernardino 12
Community Facilities District No. 2019‐1 (Maintenance Services)
TAX ZONE SUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B
Subdivider
Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.
1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.
2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC
3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC
4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC
5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC
6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center
LLC
7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC
8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC
9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC
10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC
11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP
12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings
13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.
14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust
15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC
16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP
17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson
18 To Be Determined
19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC
20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP
21 To Be Determined
22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC
23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC
ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the
percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange
County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent
(2.0%), whichever is greater.
Packet Pg.631
City of San Bernardino 13
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX B
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include
but is not limited to the repair, removal or replacement of all or part of any of the water quality
improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum
hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and
outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,
servicing; or both of the water quality basin improvements within flood control channel improvements;
and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any
portions adjacent to the properties within CFD No. 2019‐1; and
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of
Apportionment.
The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the
benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019‐1 before CFD No. 2019‐1 was created.
Packet Pg.632
City of San Bernardino 14
Community Facilities District No. 2019‐1 (Maintenance Services)
APPENDIX C
CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)
PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES
Packet Pg.633
MONTEVISTADRHIGHLAND AVEORCHID DR0150-471-070150-471-080150-471-050150-471-060150-471-04ANNEXATION MAP NO. 22COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETTHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINOCFD 2019-1TAX ZONE 23^_·|}þ18·|}þ210§¨¦215£¤66£¤66THIS 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 2021-22.-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 DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE23LEGEND CITY BOUNDARYPARCEL LINEXXXX-XXX-XX ASSESSOR PARCEL NUMBER23 TAX ZONEEXHIBIT D Packet Pg. 634
Packet Pg. 635
EXHIBIT E
Packet Pg.636
Packet Pg.637
Packet Pg.638
Packet Pg.639
Packet Pg.640
Packet Pg.641
Packet Pg.642
1300 E Highland Ave LLC
Charles BrownApril 27, 2022
Authorized Signatory
Packet Pg.643
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 22)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on August 3, 2022 adopted
its Resolution No. 2022-___, 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 21, 2022 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 21, 2022
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: ____________, 2022 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2022
Packet Pg.644
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 22
(September 21, 2022)
This ballot is for the use of the authorized representative of the following owner of land within
Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City
of San Bernardino:
Name of Landowner Number of Acres Owned Total Votes
1300 E Highland Ave LLC 4.63 5
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these
parcels. This special tax ballot may be used to express either support for or opposition to the
proposed special tax. To be counted, this special tax ballot must be signed below by the owner
or, if the owner is not an individual, by an authorized representative of the owner. The ballot must
then be delivered to the City Clerk, either by mail or in person, as follows:
Mail
Delivery:
Personal
Delivery:
If by mail, place ballot in the return envelope provided, and mail no later
than September 7, 2022, two calendar weeks prior to the date set for the election.
Mailing later than this deadline creates the risk that the special tax ballot
may not be received in time to be counted.
If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September
21, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San
Bernardino, CA 92401.
However delivered, this ballot must be received by the Clerk prior to the close of the
public meeting on September 21, 2022.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
Packet Pg.645
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
1300 E Highland Ave LLC
Attn: Charles Brown
19191 South Vermont Ave, Suite 680
Torrance, CA 90502
0150-471-04, 0150-471-05, 0150-471-06,
0150-471-07, 0150-471-08
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the 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 3,
2022 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 22 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” 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?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Charles Brown
Authorized Signatory
Signature
Print Name
Title
Packet Pg.646
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 23 Packet Pg. 647
E HIGHLAND AVEAPN: 0150-471-4,05,06,07 - CFD AND POA MAINTENANCE SITE PLAN EXHIBITNORTHCFD MAINTENANCE AREASIDEWALKEXTERIOR STREETEXISTING TREEPROPOSED STREET LIGHT3586 SF = 0.08 AC11298 SF = 0.26 AC1 EA2 EASHEET 1 OF 1POA MAINTENANCE AREASTREETSCAPE FRONTAGECURB-O-LET SIDEWALK DRAINSTORM DRAIN PIPE2759 SF = 0.06 AC265 LF50 LF Packet Pg. 648
Page 1
2
5
6
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations,
and Maintenance
Department:Public Works
Subject:Establish a “No Parking 6 PM to 6 AM” Parking Restrictions on
the Westside of State Route 18 (SR-18) Turnout South of Old
Waterman Canyon Road (Ward 4)
Recommendation
Adopt Resolution No. 2022-172 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution…
Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to
establish a “No Parking 6PM to 6AM” Parking Restriction on the Westside of State
Route 18 (SR-18) Turnout South of Old Waterman Canyon Road.
Background
The Traffic Engineering Section of the Public Works Department has been working and
coordinating with the California Department of Transportation in addressing recreation
vehicles that park overnight and camp along the State Route 18 turnout. Overnight
parking increases the potential for roadside encampments which can spark devasting
fires in an area that is considered Very High Fire Hazard Severity Zones (VHFHSZ).
Discussion
State Route 18 (SR-18) runs about 117 miles and is the primary route into the San
Bernardino Mountains beginning at 40th Street in the northerly limits of the City Limits.
Due to scenic views of the mountains, visitors have used both paved and unpaved
shoulders, and turnouts to park overnight and set up temporary campsites.
In order to prohibit overnight parking on SR-18 turnout areas as depicted in the attached
location map (Attachment 2); the California Department of Transportation requires the
local agency to adopt a resolution pursuant to Vehicle Code section 22506 (Attachment
3). Adoption of this resolution will allow the necessary enforcement by San Bernardino
Police Department which will control overnight parking and help mitigate fire hazards
and illegal activities. Signs and the signposts will be installed by the California
Department of Transportation and there is no financial impact to the City of San
Bernardino. Packet Pg.649
Page 2
2
5
6
The City must designate roadways as Through Highways in order to implement traffic
control measures. Staff sought concurrence and recommendation from the Public
Safety and Human Relations Commission to request Mayor and City Council designate
these roadways as Through Highways and authorize the installation of the parking
restrictions.
At the June 13, 2022, PS&HR meeting staff presented the commission with a copy of
the draft resolution of proposed parking restrictions included in this report. After
discussion, the commission voted in favor of forwarding the recommended parking
restrictions for SR-18 to the Mayor and City Council for consideration.
2021-2025 Key Strategic Targets and Goals
The proposed Resolution to establish a “No Parking Fire Lane Zone” program aligns with
Goal No. 1e: Minimize risk and litigation exposure. The project will utilize City programs to
reduce crime and ensure that neighborhoods and business areas are safe.
Financial Impact
There is no general Fund impact. The material and labor for the sign installation will be
provided by the California Department of Transportation (CalTrans).
Conclusion
Adopt Resolution No. 2022-172 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 3985 entitled, in Part, “A Resolution…
Prohibiting Parking Upon Certain Designated Streets, Alleys or Portion Thereof…” to
establish a “No Parking 6PM to 6AM” Parking Restriction on the Westside of State
Route 18 (SR-18) Turnout South of Old Waterman Canyon Road.
Attachments
Attachment 1 Resolution No. 2022-172
Attachment 2 Location Map
Attachment 3 California Vehicle Code 22506
Ward: Fourth Ward
Synopsis of Previous Council Actions: None
Packet Pg.650
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022
Page 1 of 4
1
0
4
RESOLUTION NO. 2022-172
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING RESOLUTION NO. 3985 ENTITLED, IN PART,
“A RESOLUTION… PROHIBITING PARKING UPON
CERTAIN DESIGNATED STREETS, ALLEYS OR
PORTION THEREOF…” TO ESTABLISH A “NO PARKING
6 PM TO 6 AM ” ZONE ON THE WESTSIDE OF STATE
ROUTE 18 (SR-18) TURNOUT SOUTH OF OLD
WATERMAN CANYON ROAD
WHEREAS, the Traffic Engineering Division of the Public Works Department has
received and evaluated the request to install traffic control on the Westside of State Route 18
(SR-18) turnout south of Old Waterman Canyon Road ; and
WHEREAS, the City now desires to install traffic control through the posting of “No
Parking 6 PM to 6 AM” on the Westside of State Route 18 (SR-18) turnout south of Old Waterman
Canyon Road ; and
WHEREAS, any determinations made by the City Engineer to implement parking
restrictions for areas great than 50 feet in length, require approval from the Mayor and City
Council; and
WHEREAS, these roadways have been previously been designated as Through Highways
in accordance with the Vehicle Code of the State of California to meet eligibility for installation
of traffic control measures; and
WHEREAS, installation of traffic control in the form of “No Parking 6 PM to 6 AM” on
these roadway segments will enhance traffic safety at this locations; and
WHEREAS, State Route 18 (SR-18) contains wide area, that are used for turnouts located
in Very High Fire Hazard Severity Zone (VHFHSZ) where there is a potential for roadside
encampments to spark devasting fires ; and
WHEREAS, overnight parking on State Route 18 (SR-18) can lead to roadside
encampment and become a public safety threat; and
WHEREAS, pursuant to California Vehicle Code section 22506, the Mayor and City
Council is authorized to establish parking restrictions on a state highway; and
Packet Pg.651
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022
Page 2 of 4
1
0
4
WHEREAS, the Mayor and City Council desires to establish a parking restriction on State
Route 18 (SR-18) pursuant to Vehicle Code section 22506.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.For the purpose of establishing a “No Parking 6 PM to 6 AM”, pursuant to
San Bernardino Municipal Code Section 10-16.020 on the Westside of State Route 18 (SR-18)
turnout south of Old Waterman Canyon Road , Resolution No. 3985, which prohibits parking
upon certain designated streets or portions thereof, Section one, Subsection (38) Waterman
Avenue is amended by adding Subsection “U”, to read as follows:
“(38) Waterman Avenue
(U) Turnout south of Old Waterman Canyon Road , applicable to the
Westside”
SECTION 2.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 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.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Packet Pg.652
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022
Page 3 of 4
1
0
4
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.653
Resolution No. 2022-172
Resolution 2022-172
August 3, 2022
Page 4 of 4
1
0
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2022-172, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.654
N0030'60'MOCK UPAREA MAPCA-18DIRT MEDIANSCALE: 1"=30'LEGENDPROPOSED SIGN164' TYP.150' TYP.OLD WATERMAN CANYON RDCA-18OLD WATERMANCANYON RD Packet Pg. 655
Packet Pg.656
2
4
3
City of San Bernardino
Request for Council Action
CONSENT CALENDAR
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Construction Contract Award - Pepper Avenue Street Improvement
Project (Ward 3, 6)
Recommendation:
Adopt Resolution No. 2022-173 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract with Hillcrest Contracting, Inc., in
the amount of $5,553,697 for the Pepper Avenue Street improvement Project;
and
2. Authorizing and directing the City Manager to execute the Administrative
Settlement Agreement regarding partial purchase of 795 N. Pepper Ave., San
Bernardino, California: APN: 0142-344-24; and
3. Authorizing the Agency Director of Administrative Services to issue payment in
the amount not to exceed $14,000 to satisfy the terms of the Administrative
Settlement Agreement regarding the partial purchase of 795 N. Pepper Ave.,
San Bernardino, California; and
4. Authorizing construction, construction contingencies and inspection costs in the
total amount of $6,610,000 for the Pepper Avenue street improvement project;
and
5. Authorizing the City Manager or designee, to execute all documents for the
construction of the Pepper Avenue street improvement project with Hillcrest
Contracting, Inc.; and
6. Authorizing the City Manager or designee, to expend the contingency fund, if
necessary, to complete the project.
Background:
The City of San Bernardino is responsible for maintaining streets citywide. In March
2020, a Pavement Management Analysis (PMA) was completed which used scientific
Packet Pg. 657
2
4
3
methods to rate the condition of all public streets in the City. Street segments
(intersection to intersection) were rated based on Remaining Service Life (RSL) in years
with a rating of 20 representing the condition of a recently completed street. Segments
with RSL between 10 and 20 are usually maintained using crack sealing and slurry
sealing. Segments with an RSL of 10 or less are generally in need of major
maintenance usually consisting of mill and overlay. Segments with RSL less than
require complete removal and replacement.
This project is a joint project with City of Rialto. The Agreement was entered into on
May 6, 2020, in the State of California by and between the City of San Bernardino and
the City of Rialto. The City of San Bernardino is designated as the lead agency of the
project. The City of Rialto will reimburse the City of San Bernardino 50% of the projects,
design, administration, and Inspection costs.
In anticipation of this work, the Pepper Ave. Street Improvement project was included in
the Fiscal Year 2022/23 Capital Improvement Plan (CIP), and was adopted on June 1,
2022, by the Mayor and City Council. The CIP established Measure I funding in the
amount of $7,500,000 for the rehabilitation of streets between Base Line Rd. and Mill
St.
Plans and specifications were prepared, with the proposed scope of work at the
locations to include pavement rehabilitation, providing missing sidewalks and ADA
access ramps.
Discussion:
Project No.13509 to provide pavement rehabilitation, was advertised for public bidding
on May 10, 2022, in the San Bernardino County Sun Newspaper, F. W. Dodge,
Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub
Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid
Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of
Commerce.
Sealed bids were received and opened on June 2, 2022. The City received three bids
as follows:
Bidder City Base Bid
Hillcrest Contracting, Inc.Corona $5,553,697
All American Asphalt, Inc.Corona $6,405,575
Matich Corporation San Bernardino $6,624,705
The City has reviewed the bid package and confirmed that Hillcrest Contracting, Inc. of
Corona, California, is the lowest responsible and responsive bidder, with a total bid
amount of $5,553,697. If awarded by the Mayor and City Council, construction work is
anticipated to begin in September 2022 and be completed by December 2022.
2021-2025 Key Strategic Targets and Goals:
This project is consistent with Key Target No. 1e: Improved Operational & Financial
Capacity - Minimize risk and litigation exposure. Approval of this will result in public
improvements being constructed that minimize risk and litigation exposure through
upgrading the existing pavements within the City.
Packet Pg.658
2
4
3
Financial Impact:
There is no General Fund impact associated with this action. The budget for the proposed
work was previously established through the adopted Fiscal Year 2022/23 Capital
Improvement Plan using Measure I funds in the amount of $7,500,000.
Total Project Funding $7,500,000
The overall cost of the improvement work breakdown is as follows:
Construction Bid Amount $5,553,697
Construction Contingency $ 556,303
Engineering and Inspections $ 500,000
Total Project Cost $6,610,000
Conclusion:
Adopt Resolution No. 2022-173 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract with Hillcrest Contracting, Inc., in the
amount of $5,553,697 for the Pepper Avenue Street improvement Project; and
2. Authorizing and directing the City Manager to execute the Administrative
Settlement Agreement regarding partial purchase of 795 N. Pepper Ave., San
Bernardino, California: APN: 0142-344-24; and
3. Authorizing the Agency Director of Administrative Services to issue payment in
the amount not to exceed $14,000 to satisfy the terms of the Administrative
Settlement Agreement regarding the partial purchase of 795 N. Pepper Ave.,
San Bernardino, California; and
4. Authorizing construction, construction contingencies and inspection costs in the
total amount of $6,610,000 for the Pepper Avenue street improvement project;
and
5. Authorizing the City Manager or designee, to execute all documents for the
construction of the Pepper Avenue street improvement project with Hillcrest
Contracting, Inc.; and
6. Authorizing the City Manager or designee, to expend the contingency fund, if
necessary, to complete the project.
Attachments:
Attachment 1 Resolution No. 2022-173
Attachment 2 Contract Agreement
Attachment 3 Bid Tabulation
Attachment 4 Bid Proposal
Attachment 5 Location Map
Attachment 6 Attachment 6 - Sosa Avila Trust - Easement Purchase Agreement
Packet Pg.659
2
4
3
Wards: 3,6
Synopsis of Previous Council Actions:
June 1, 2022 Mayor and City Council adopted Resolution No. 2021-102
approving Capital Improvement Program FY 2022/23.
Packet Pg.660
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022
Page 1 of 4
5
5
RESOLUTION NO. 2022-173
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE AWARD OF A CONSTRUCTION
CONTRACT WITH HILLCREST CONTRACTING, INC., IN
THE AMOUNT OF $5,553,697 FOR THE PEPPER AVENUE
STREET IMPROVEMENT PROJECT; AND
AUTHORIZING AND DIRECTING THE CITY MANAGER
TO EXECUTE THE ADMINISTRATIVE SETTLEMENT
AGREEMENT REGARDING PARTIAL PURCHASE OF 795
N. PEPPER AVE, SAN BERNARDINO, CALIFORNIA: APN:
0142-344-24; AND AUTHORIZING THE AGENCY
DIRECTOR OF ADMINISTRATIVE SERVICES TO ISSUE A
CHECK FOR $14,000 TO SATISFY THE TERMS OF THE
ADMINISTRATIVE SETTLEMENT AGREEMENT
REGARDING THE PARTIAL PURCHASE OF 795 N.
PEPPER AVE, SAN BERNARDINO CALIFORNIA; AND
AUTHORIZING CONSTRUCTION, CONSTRUCTION
CONTINGENCIES AND INSPECTION COSTS IN THE
TOTAL AMOUNT OF $6,610,000 FOR THE PEPPER
AVENUE STREET IMPROVEMENT PROJECT; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE, TO
EXECUTE ALL DOCUMENTS FOR THE CONSTRUCTION
OF THE PEPPER AVENUE STREET IMPROVEMENT
PROJECT WITH HILLCREST CONTRACTING, INC.; AND
AUTHORIZING THE CITY MANAGER OR DESIGNEE, TO
EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO
COMPLETE THE PROJECT.
WHEREAS, the City of San Bernardino is responsible for maintaining streets citywide;
there are street segments within the City that underwent a Pavement Management Analysis (PMA)
and require pavement rehabilitation and replacement of missing sidewalk and ADA access ramps;
and
WHEREAS, on May 6, 2020, the Mayor and City Council approved an Agreement with
the City of Rialto for Pepper Street Rehabilitation Project. the Agreement named the City of San
Bernardino as the lead agency for the design and construction of the project. the City of Rialto to
reimburse the City of San Bernardino with 50% of the Construction, design, administration, and
inspection costs.
Packet Pg.661
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022
Page 2 of 4
5
5
WHEREAS, on June 1, 2022, the Mayor and City Council adopted the FY 2022/2023
Capital Improvement Plan (CIP), establishing the funding for the design and construction of the
Pepper Ave. Street Improvement project; and
WHEREAS, in May and June 2022, staff administered a competitive process for
Construction of Pepper Ave. Street Improvement Project 13509 (“Project”) between Base Line
Street and Mill Street, resulting in four construction cost submittals: and
WHEREAS, Hillcrest Contracting, Inc., of Corona, California, has been determined to be
the lowest responsible and responsive bidder; and
WHEREAS, the City now wishes to enter into a Construction Agreement with Hillcrest
Contracting, Inc. of Corona, California, in the amount of $5,553,697 to complete the Project.
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 authorize the City Manager, or
designee, to execute all documents for the construction of Pepper Ave. Street Improvement project
with Hillcrest Contracting, Inc., of Corona, California, for Project No. 13509 on behalf of the City
and to expend contingency funds, if necessary, to complete the Project.
SECTION 3. The Mayor and City Council hereby authorize the Agency Director of
Administrative Services to issue a purchase order in the amount of $5,553,697 to Hillcrest
Contracting, Inc., of Corona, California, in support of the Construction Agreement.
SECTION 4.The Mayor and City Council hereby authorize the Agency Director of
Administrative Services to issue a check for $14,000 to satisfy the terms of the Administrative
Settlement Agreement regarding the purchase of 795 N. Pepper Ave., San Bernardino, California,
92376.
SECTION 5. As the decision-making body for the project, the City Council has reviewed
and considered the information contained in the administrative record for the proposed project.
Based upon the facts and information contained in the administrative record, including all written
and oral evidence presented to the City Council, the City Council finds, as follows:
(1) The administrative record has been completed in compliance with CEQA, the State
CEQA Guidelines, and the City’s Local CEQA Guidelines;
(2) The proposed project is exempt from the requirements of the California Environmental
Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines
because it involves pavement rehabilitation . Additionally, the City Council finds this Resolution
is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered
Packet Pg.662
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022
Page 3 of 4
5
5
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.
(3) The application of the Class 1 categorical exemption is not barred by one of the
exceptions set forth in the CEQA Guidelines Section 15300.2 pavement rehabilitation does not
present any unusual circumstances; would not damage scenic resources, including any resources
in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not
impact historic resources of any kind; and
(4) The determination of CEQA exemption reflects the independent judgment of the City
Council.
SECTION 6.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.663
Resolution No. 2022-173
Resolution 2022-173
August 3, 2022
Page 4 of 4
5
5
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. 2022-173, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.664
CONTRACT
AGREEMENT
Packet Pg.665
A G R E EM E N T
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this 20th day of July 2022, between the City of San
Bernardino (owner and hereinafter "CITY"), and Hillcrest Contracting, Inc. (hereinafter "CONTRACTOR").
1.For and in consideration of the payments and agreements hereinafter mentioned, to be made and
performed by the CITY, and under the conditions expressed in the bond as deposited with the CITY,
receipt of which is hereby acknowledged, the CONTRACTOR agrees with the CITY, at the
CONTRACTOR's own proper cost and expense in the Special Provisions to be furnished by the
CITY, to furnish all materials, tools and equipment and perform all the work necessary to complete
in good workmanlike and substantial manner the
PEPPER AVENUE STREET IMPROVEMENT PROJECT
Project No. 13509
in strict conformity with Plans and Special Provisions Project No. 13509, and also in accordance with
Standard Specifications for Public Works/Construction, latest edition in effect on the first day of the
advertised “Notice Inviting Sealed Bids” for this project, on file in the Office of the City Engineer,
Public Works Department, City of San Bernardino, which said Plans and Special Provisions and
Standard Specifications are hereby especially referred to and by such reference made a part hereof.
2.The CONTRACTOR agrees to receive and accept the prices as set forth in the Bid Schedule as full
compensation for furnishing all materials and doing all the work contemplated and embraced in this
agreement; also for all loss or damage arising out of the nature of the work aforesaid or from any
unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the
work and for all risks of every description connected with the work; also for all expenses incurred by
or in consequence of the suspension or discontinuance of work, and for well and faithfully completing
the work and the whole thereof, in the manner and according to the Plans and Special Provisions, and
requirements of the Engineer under them.
3.The CONTRACTOR herein covenants by and for himself or herself, his or her heirs, executors,
administrators, and assigns, and all persons claiming under or through them, that there shall be no
discrimination against or segregation of, any person or group of persons on the basis of race, color,
national origin, religion, sex, marital status, or ancestry in the performance of this contract, nor shall
the CONTRACTOR or any person claiming under or through him or her, establish or permit any
such practice or practices of discrimination or segregation with reference to the selection of
subcontractors, vendees, or employees in the performance of this contract. Failure by the
CONTRACTOR to carry out these requirements is a material breach of this contract, which may
result in the termination of this contract or such other remedy, as recipient deems appropriate.
A-1
Packet Pg.666
AGREEMENT: PEPPER AVENUE STREET IMPROVEMENT PROJECT -
Project No. 13509
4.CITY hereby promises and agrees with the said CONTRACTOR to employ, and does hereby employ
the said CONTRACTOR to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the
same at the time, in the manner, and upon the conditions above set forth; and the same parties for
themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full
performance of the covenants herein contained.
5.It is further expressly agreed by and between the parties hereto that should there be any conflict
between the terms of this instrument and the bid of said CONTRACTOR, then this instrument shall
control, and nothing herein shall be considered as an acceptance of said terms of said bid conflicting
herewith.
IN WITNESS WHEREOF, the parties of these presents have executed this contract in four (4)
counterparts, each of which shall be deemed an original in the year and day first above mentioned.
CONTRACTOR CITY OF SAN BERNARDINO
NAME OF FIRM:
HILLCREST CONTRACTING, INC. BY: ________________________________
ROBERT D. FIELD
City Manager
BY: _______________________________
TITLE: ATTEST:
MAILING ADDRESS:
1467 Circle City Drive _____________________________
GENOVEVA ROCHA, CMC
Corona, California 92879___________ City Clerk
___________________________________
PHONE NO.: (951)273-9600__________ APPROVED AS TO FORM:
ATTEST:_______________________________
SONIA CARVALHO, City Attorney
____________________________________
Secretary
NOTE: Secretary of the Owner should attest. If Contractor is a corporation, Secretary should attest.
A-2
Packet Pg.667
BID TABULATION
FOR
PEPPER AVE. STREET IMPROVEMENT
PLAN NO. 13509
BID OPENING: 2:00 P.M., JUNE 2, 2022
FILE: ACCT NO. 129-160-5504-8713-0025
Item
No.
BID ITEM
DESCRIPTION
Estimated
Quantity Unit
BID SCHEDULE Unit Price Total Unit Price Total Unit Price Total
1 Mobilization 95% Maximum)1 LS 168,000.00 168,000.00 254,000.00 254,000.00 324,000.00 324,000.00
2 Traffic Control & Construction Phasing, Including (4) Electronic Message Signs 1 LS 165,000.00 165,000.00 370,000.00 370,000.00 690,000.00 690,000.00
3
Stormwater Pollution and Prevention Plan (SWPPP) Preparation& Implementation and
NPDES Compliance 1 LS 25,000.00 25,000.00 16,000.00 16,000.00 20,400.00 20,400.00
4 Construction Survey and Monumentation 1 LS 79,000.00 79,000.00 82,500.00 82,500.00 10,500.00 10,500.00
5(F)Saucut & Remove Roadway Section & Miscellaneous PCC as Required (Thickness per
Plans & Typical Section)275 CY 96.00 26,400.00 137.00 37,675.00 118.00 32,450.00
6(F)Sawcut & Remove Excess Pulverized Material (Thickness per Typical Section)13,500 CY 33.00 445,500.00 73.00 985,500.00 56.00 756,000.00
7 Cold Mill Ex. Pavement 1.5 " & Construct 1.5" AC Overlay per Detail B ob sheet 2 of
Plans (C2 PG 70-10, 100% Max. RAP) & Crack Seal 6,000 SF 1.42 8,520.00 1.30 7,800.00 4.20 25,200.00
8 Cement Treatment (at 5 lb./SF Assumed), Including Preparation of Mix Design 2,000 TON 250.00 500,000.00 216.00 432,000.00 210.00 420,000.00
9 Asphalt Concrete (AC) Surface Course (Thickness per Typical Section) (C2 PG 70-10,
10% Max. RAP)7,250 TON 100.00 725,000.00 99.00 717,750.00 92.00 667,000.00
10
Dense Graded Asphalt Concrete (DGAC) Base Course (Thickness per Typical Section)
(B PG 70-10, 10% Max. RAP)15,000 TON 92.00 1,380,000.00 97.00 1,455,000.00 84.00 1,260,000.00
11 Cement Stabilized Pulverized Base 77,300 SY 4.70 363,310.00 4.85 374,905.00 7.00 541,100.00
12 Adjust Water Valve Can & Cover to Grade 70 EA 870.00 60,900.00 1,030.00 72,100.00 177.00 12,390.00
13 Adjust Sewer Manhole Frame & Cover to Grade 42 EA 1,040.00 43,680.00 1,290.00 54,180.00 1,100.00 46,200.00
14 Adjust Storm Drain Manhole Frame & Cover to Grade 5 EA 1,040.00 5,200.00 1,290.00 6,450.00 1,100.00 5,500.00
15 Sawcut & Remove Ex. and Construct New 6” PCC Driveway per SPPWC Std. Plan No. 110-2 (Type & W per Plan) over 6” CMB550SF25.30 13,915.00 23.50 12,925.00 26.40 14,520.00
16 Install Yellow Detectable Warning Devices per Federal & State ADA Guidelines on Existing Ramp (Surface Applied)5 EA 960.00 4,800.00 1,200.00 6,000.00 2,200.00 11,000.00
17
Sawcut & Remove Ex. and Construct New PCC Curb Ramp per SPPWC Std. Plan No.
111-5 over 6" CMB, with Retaining Curb & Fed Yellow Detectable Warning Devices
(Surface Applied) per Federal & State ADA Guidelines, Case and Type (Modified) and
New 4" PCC Sidewalk over 6" CMB per SPPWC Std. Plan No. 112-2, as shown per
Plans and Detail C on Sheet 2 48 EA 6,300.00 302,400.00 7,060.00 338,880.00 10,500.00 504,000.00
18 Sawcut & Remove Ex. & Construct New 4” PCC Sidewalk per SPPWC Std. Plan No.
112-2 over 6” CMB 2,400 SF 14.50 34,800.00 18.00 43,200.00 16.40 39,360.00
LOW BIDDER
HILLCREST
CONTRACTING, INC.
3RD LOW
MATICH CORPORATION
2ND LOW
ALL AMERICAN ASPHALT
Packet Pg.668
BID TABULATION
FOR
PEPPER AVE. STREET IMPROVEMENT
PLAN NO. 13509
19
Sawcut & Remove Ex. and Construct New PCC Curb & Gutter per SPPWC Std. Plan
No. 120-2 Type A2-8 (Modified Variable Curb Face, W=1.5’ Unless Otherwise Noted)
over 6” CMB 850 LF 85.00 72,250.00 75.00 63,750.00 97.00 82,450.00
20 Sawcut & Remove Ex. and Construct PCC Cross Gutter per SPPWC Std. Plan No. 122-
2 (Modified per Plan) over 6” CMB 10,000 SF 25.00 250,000.00 27.50 275,000.00 33.00 330,000.00
21 Crack Seal and Construct Polymer Modified Slurry Seal 1h Type II 10,000 SF 4.20 42,000.00 2.40 24,000.00 3.30 33,000.00
22 Construct 6” AC Berm per SPPWC Std. Plan No. 121-2 Type C2-6*60 LF 83.00 4,980.00 110.00 6,600.00 33.00 1,980.00
23 Sawcut & Remove Existing and Construct Slot Paving per Detail “A”, Sheet 2 of Plans 1,800 SF 24.90 44,100.00 11.00 19,800.00 10.50 18,900.00
24 Remove Existing Tree & Roots 5 EA 1,100.00 5,500.00 1,080.00 5,400.00 1,150.00 5,750.00
25 Adjust Water Meter Box to Grade 1 EA 360.00 360.00 622.00 622.00 370.00 370.00
26 Adjust Pull Box to Grade 11 EA 470.00 5,170.00 622.00 6,842.00 550.00 6,050.00
27 Relocate Existing Mailbox & Post 1 EA 1,470.00 1,470.00 2,600.00 2,600.00 710.00 710.00
28 Adjust Sewer Cleanout to Grade 1 EA 920.00 920.00 1,300.00 1,300.00 960.00 960.00
29 Sawcut & Remove Existing and Construct PCC Local Depression over 6” CMB per City
of San Bernardino Std. 407, Type 1, L=6’, K=2’ (Modified per Plan)81 SF 236.00 19,116.00 243.00 19,683.00 55.00 4,455.00
30 Remove Existing Fire Hydrant, Valve and Tee per SBMWD Dwg. No. 6.13. Salvage
Existing Fire Hydrant and Deliver to City Water Yard as Directed by the Engineer 2 EA 14,910.00 29,820.00 15,300.00 30,600.00 15,600.00 31,200.00
31 Furnish & Install New Fire Hydrant per SBMWD Dwg. No. W2.1 and W2.2 and Connect
to Existing 8” Water Main 2 EA 29,820.00 59,640.00 30,700.00 61,400.00 31,000.00 62,000.00
32
Remove Existing Water Service, Meter and Box per SBMWD Std. Dwg. No. W1.16 &
Install New Water Service, Meter and Box per SBMWD Dwg. No. W1.1 and Connect to
Existing House Service 1 EA 12,516.00 12,516.00 12,800.00 12,800.00 13,000.00 13,000.00
33 Traffic Signing, Thermoplastic Striping, Markings and Raised Pavement Markers 1 LS 270,000.00 270,000.00 195,000.00 195,000.00 233,000.00 233,000.00
34 Sawcut & Remove Existing Pedestrian Signal Pole & Foundation and Replace with 4”
PCC Sidewalk over 6” CMB per SPPWC Std. Plan No. 112-2 2 EA 4,700.00 9,400.00 1,740.00 3,480.00 2,750.00 5,500.00
35 Remove and Salvage Existing Traffic Signal Pole and Foundation 1 EA 1,260.00 1,260.00 865.00 865.00 880.00 880.00
36 Remove and Salvage Pedestrian Push Button and Cover Hole 8 EA 315.00 2,520.00 242.00 1,936.00 110.00 880.00
37 Remove and Dispose of Existing Pull Box 6 EA 420.00 2,520.00 216.00 1,296.00 220.00 1,320.00
38 Furnish & Install Pedestrian Push Button Post and Foundation 6 EA 1,500.00 9,000.00 7,020.00 42,120.00 7,200.00 43,200.00
39 Furnish & Install Polara Bulldog APS Pedestrian Push Button or Approved Equal 8 EA 2,470.00 19,760.00 2,160.00 17,280.00 2,200.00 17,600.00PacketPg.669
BID TABULATION
FOR
PEPPER AVE. STREET IMPROVEMENT
PLAN NO. 13509
40 Furnish & Install #5 Pull Box 6 EA 630.00 3,780.00 1,080.00 6,480.00 1,100.00 6,600.00
41
Furnish &Install Loop Detectors.Loop Detectors shall be Type “E”,6’Round Loop
Detectors and shall Comply with Latest CA MUTCD and Connect to Existing Conductors
and DLC’s to Controller Cabinet (See Detail 4 for Loop Spacing on Sheet 15 of Plans)
69 EA 370.00 25,530.00 391.00 26,979.00 350.00 24,150.00
42
Furnish &Install Loop Detectors.Loop Detectors shall be Type “D”and shall Comply
with Latest CA MUTCD and Connect to Existing Conductors and DLC’s to Controller
Cabinet (See Detail 4 for Loop Spacing on Sheet 15 of Plans)32 LF 390.00 12,480.00 421.00 13,472.00 380.00 12,160.00
43 Furnish & Install 1” Conduit (Boring)45 LS 74.00 3,330.00 151.00 6,795.00 154.00 6,930.00
44 Furnish & Install Wiring 1 LS 7,400.00 7,400.00 4,750.00 4,750.00 4,800.00 4,800.00
45 Catch Basin Cleaning & Video Inspection of Pipes, as Directed by the Engineer 1 EA 22,700.00 22,700.00 23,300.00 23,300.00 23,800.00 23,800.00
46
Furnish & Install Certified Full Capture 18" inch Connector Pipe Screen (CPS) in
Existing Catch Basin per Locations and Details in Appendix "J", "K" and "L" of these
Specifications 4 EA 1,620.00 6,480.00 1,660.00 6,640.00 1,700.00 6,800.00
47
Furnish & Install Certified Full Capture 24" inch Connector Pipe Screen (CPS) in
Existing Catch Basin per Locations and Details in Appendix "J", "K" and "L" of these
Specifications 2 EA 2,100.00 4,200.00 2,150.00 4,300.00 2,200.00 4,400.00
48
Furnish & Install Certified Full Capture 30" inch Connector Pipe Screen (CPS) in
Existing Catch Basin per Locations and Details in Appendix "J", "K" and "L" of these
Specifications 3 EA 2,370.00 7,110.00 2,440.00 7,320.00 2,500.00 7,500.00
49 Southern California Regional Rail Authority (SCRRA) Railroad Coordination and
Permitting, Including Insurance and Fees, per Requirements in Appendix D 1 LS 21,000.00 21,000.00 21,600.00 21,600.00 26,400.00 26,400.00
50 Caltrans Coordination and Permitting, Including Insurance and Fees, per Appendix E 1 LS 10,500.00 10,500.00 3,300.00 3,300.00 1,540.00 1,540.00
51
Remove Existing Water Service per SBMWD Std. Dwg. No. W1.16, & Install New
Water Service per SBMWD Dwg. No. W1.1 or City of Rialto Std. No. W-700 and
Connect to Existing Meter*54 EA 3,990.00 215,460.00 4,100.00 221,400.00 4,200.00 226,800.00
TOTAL BID Totals $5,553,697.00 $6,624,705.00$6,405,575.00
Packet Pg.670
Packet Pg.671
Packet Pg.672
Packet Pg.673
Packet Pg.674
Packet Pg.675
Packet Pg.676
Packet Pg.677
Packet Pg.678
Packet Pg.679
Packet Pg.680
Packet Pg.681
Packet Pg.682
Packet Pg.683
Packet Pg.684
Packet Pg.685
Packet Pg.686
Packet Pg.687
Packet Pg.688
Packet Pg.689
Packet Pg.690
Packet Pg.691
Packet Pg.692
Packet Pg.693
Packet Pg.694
Packet Pg.695
A- 7145
Page 1
PARCEL NO.: 0142-344-24
TITLE REPORT NO.: 92016359
PROJECT: Pepper Avenue Street Rehabilitation Project
AGREEMENT FOR ACQUISITION OF REAL PROPERTY
(ESCROW INSTRUCTIONS)
THIS AGREEMENT is entered into this ________day of , 2022 by and
between the City of San Bernardino, a municipal corporation and charter city (hereinafter
called "Buyer"), and the Family Trust of Carlos Ricardo Sosa and Elva Avila Sosa
(hereinafter called "Seller") for acquisition by Buyer of one Road Easement over real
property hereinafter set forth.
IT IS HEREBY MUTUALLY AGREED BETWEEN THE PARTIES AS FOLLOWS:
1. AGREEMENT TO SELL AND PURCHASE. Seller agrees to sell to Buyer, and Buyer
agrees to purchase from Seller, upon the terms and for the consideration set forth in this
agreement, the following interest in property, all situated in the City of Rialto, County of San
Bernardino, State of California:
A. Interest in a portion of Real Property described in Exhibit “A” and Exhibit “B”.
The legal description of the interest is identified in the referenced attachment, which is/are
hereby incorporated by reference.
2. PURCHASE PRICE. The total purchase price, payable in cash through escrow, shall
be the sum of FOURTEEN THOUSAND DOLLARS and 0/100 ($14,000.00).
The total purchase price includes: acquisition value of the property interests identified in
Section 1, the Custodian fee incurred by Seller, and improvements on the property,
including large trees, medium agave plants and a mailbox.
3. CONVEYANCE OF TITLE. The Preliminary Title Report shall be provided by
Commonwealth Land Title Company and shall be approved in Escrow. Seller agrees to
convey by Easement Deeds to Buyer marketable easements free and clear of all recorded
and unrecorded liens, encumbrances, assessments, easements, leases, and taxes
EXCEPT:
A. All taxes for the current fiscal year prorated as per Section 5 hereinafter.
B. Quasi-public utility, public alley, public street easements, and rights of way of
record.
4. POSSESSION. It is agreed and confirmed by the parties hereto that
notwithstanding other provisions in this contract, the right of possession and use of the
subject property by the City, including the right to remove and dispose of improvements,
shall commence on the date the amount of funds as specified in Section 2 herein are
Packet Pg.696
A- 7145
Page 2
deposited into the escrow controlling this transaction. The amount shown in Section 2
herein includes, but is not limited to, full payment for such possession and use, including
damages, if any, from said date.
5. TITLE INSURANCE POLICY. Escrow Agent shall, following recording of deed to Buyer,
provide Buyer with CLTA Standard Coverage Policy of Title Insurance in the amount of
$14,000.00 issued by Commonwealth Land Title Company showing the title to the property
vested in Buyer, subject only to the exceptions set forth in Section 3 and the printed
exceptions and stipulations in said policy. Buyer agrees to pay the premium charged
therefore.
6. ESCROW. Buyer agrees to open an escrow in accordance with this Agreement at
Commonwealth Land Title Insurance Company, 4100 Newport Place Drive, Suite 120
Newport Beach, CA 92660, 949-724-3159. This Agreement constitutes the joint escrow
instructions of Buyer and Seller, and Escrow Agent to whom these instructions are delivered
is hereby empowered to act under this Agreement. The parties hereto agree to do all acts
necessary to close this escrow in the shortest possible time.
Seller agrees to deposit with Escrow Agent prior to the Close of Escrow an original, fully
executed and acknowledged deeds prepared by Escrow Agent and any other customary
agreements, consents, or documents reasonably necessary to effectuate the purchase of
the subject property. Buyer agrees to deposit the purchase price and certificate of
acceptance upon demand of Escrow Agent.
Insurance policies for fire or casualty are not to be transferred, and Seller will cancel his own
policies after close of escrow.
All funds received in this escrow shall be deposited with other escrow funds in a general
escrow account(s) and may be transferred to any other such escrow trust account in any
State or National Bank doing business in the State of California. All disbursements shall be
made by check from such account.
ESCROW AGENT IS AUTHORIZED AND IS INSTRUCTED TO COMPLY WITH THE
FOLLOWING TAX ADJUSTMENT PROCEDURE:
A. Pay and charge Seller for any unpaid delinquent taxes and/or penalties and
interest thereon, and for any delinquent or non-delinquent assessments or
bonds against the property;
B. In the event this escrow closes between July 1 and November 1, and current
tax information is not available from title insurer, Escrow Agent is instructed to
withhold from Seller's proceeds an amount equal to 120% of the prorated
amount due based upon the previous fiscal year's second half tax bill. At such
time that the tax information is available, Escrow Agent shall make a check
payable to the County Tax Collector for Seller's prorated portion of taxes and
forward same to the Buyer and shall refund any difference to the Seller. In the
event the amount withheld is not sufficient to pay Seller's prorated portion of
taxes due, the Seller herein agrees to immediately pay the difference;
Packet Pg.697
A- 7145
Page 3
In the event said tax information is available, Seller's taxes shall be prorated
in accordance with Paragraph "C" below.
C. From the date that tax information is available, as per Paragraph "B"
hereinabove, up to and including June 30th, Seller's current taxes, if unpaid,
shall be prorated to date of close of escrow on the basis of a 365 day year in
accordance with Tax Collector's proration requirements, together with
penalties and interest, if said current taxes are unpaid after December 10
and/or April 10. At close of escrow, check payable to the County Tax Collector
for Seller's prorata portion of taxes shall be forwarded to Buyer with closing
statement;
D. Any taxes which have been paid by Seller, prior to opening of this escrow,
shall not be prorated between Buyer and Seller, but Seller shall have the sole
right, after close of escrow, to apply to the County Tax Collector of said county
for refund. This refund would apply to the period after Buyer's acquisition,
pursuant to Revenue and Taxation Code Section 5096.7.
ESCROW AGENT IS AUTHORIZED TO, AND SHALL:
E. Pay and charge Seller, upon Seller’s written approval, for any amount
necessary to place title in the condition necessary to satisfy Section 3 of this
Agreement, excluding any penalty for prepayment to any lienholder in
compliance with 1265.240 of the Eminent Domain Law;
F. Pay and charge Buyer for any escrow fees, charges, and costs payable under
Section 6 of this Agreement;
G. Disburse funds and deliver deed when conditions of this escrow have been
fulfilled by Buyer and Seller.
The term "close of escrow", if and where written in these instructions, shall mean the
date necessary instruments of conveyance are recorded in the office of the County
Recorder. Recordation of instruments delivered through this escrow is authorized if
necessary or proper in the issuance of said policy of title insurance.
All time limits within which any matter herein specified is to be performed may be
extended by mutual agreement of the parties hereto. Any amendment of, or
supplement to, any instructions must be in writing.
TIME IS OF THE ESSENCE IN THESE INSTRUCTIONS AND ESCROW IS TO
CLOSE AS SOON AS POSSIBLE. The parties hereto agree to perform all acts
reasonably necessary to close this escrow within sixty (60) days following the opening
of escrow
Packet Pg.698
A- 7145
Page 4
Responsibility for Escrow Agent under this Agreement is expressly limited to Sections 1, 2,
3, 4, 5, 6, 7, 9, 10, and 17 and to its liability under any policy of title insurance issued in
regard to this transaction.
7. ESCROW FEES, CHARGES AND COSTS. Buyer agrees to pay all Buyer's and
Seller's usual fees, charges, and costs which arise in this escrow.
8. RENTAL AND OCCUPANCY BY SELLER. Seller warrants that there are no oral or
written leases on all or any portion of property.
9. PERMISSION TO ENTER ON PREMISES. Seller hereby grants to Buyer, or its
authorized agents, permission to enter upon the Property at all reasonable times prior to
close of escrow for the purpose of making necessary or appropriate inspections. It is
understood that the Buyer and its contractors will indemnify the undersigned and hold them
harmless from any and all liability for bodily injury, death and property damage arising out of
or in any way connected with such use, and reimburse the seller for all costs, expenses and
loss, including attorney's fees, incurred by them in consequence of any claims, demands
and causes of action which may be made or brought against them arising out of such use.
10. COUNTERPARTS. This agreement may be executed in counterparts, each of which
so executed shall, irrespective of the date of its execution and delivery, be deemed an
original, and all such counterparts together shall constitute one and the same instrument.
11. CLOSING STATEMENT. Seller instructs Escrow Agent to release a copy of Seller's
statement to Buyer and to Overland, Pacific &; Cutler LLC, purpose being to ascertain if any
reimbursements are due Seller.
12. LOSS OR DAMAGE TO IMPROVEMENTS. Loss or damage to the real property or
any improvements thereon, by fire or other casualty, occurring prior to the recordation of the
Deed shall be at the risk of Seller. In the event that loss or damage to the real property or
any improvements thereon, by fire or other casualty, occurs prior to the recordation of the
Deed, Buyer may elect to require that the Seller pay to Buyer the proceeds of any insurance
which may become payable to Seller by reason thereof, or to permit such proceeds to be
used for the restoration of the damage done, or to reduce the total price by an amount equal
to the diminution in value of said property by reason of such loss or damage or the amount
of insurance payable to Seller, whichever is greater.
13. EMINENT DOMAIN DISMISSAL. Seller and Buyer acknowledge that this transaction
is a negotiated settlement in lieu of condemnation, and Seller hereby agrees and consents
to the dismissal or abandonment of any eminent domain action in the Superior Court of the
State of California in and for the County of San Bernardino, wherein the herein described
property is included and also waives any and all claims to any money on deposit in said
action and further waives all attorney's fees, costs, disbursements, and expenses incurred
in connection therewith. If, prior to the close of the execution of this transaction, Seller is
served with a Summons and Complaint in Eminent Domain in which Seller is a named
defendant, upon the closing of this transaction, Seller agrees and consents to Buyer taking
a Default in said action.
Packet Pg.699
A- 7145
Page 5
14. WARRANTIES, REPRESENTATIONS, AND COVENANTS OF SELLER. Seller
hereby warrants, represents, and/or covenants to Buyer that:
A. To the best of Seller's knowledge, there are no actions, suits, material claims,
legal proceedings, or any other proceedings affecting the property or any
portion thereof, at law, or in equity before any court or governmental agency,
domestic or foreign.
B. To the best of Seller's knowledge, there are no encroachments onto the
property by improvements on any adjoining property, nor do any buildings or
improvements encroach on other properties.
C. Until the closing, Seller shall maintain the property in good condition and state
of repair and maintenance, and shall perform all of its obligations under any
service contracts or other contracts affecting the property.
D. Until the closing, Seller shall not do anything which would impair Seller's title
to any of the property.
E. To the best of Seller's knowledge, neither the execution of this Agreement nor
the performance of the obligations herein will conflict with, or breach any of the
provisions of any bond, note, evidence of indebtedness, contract, lease, or
other agreement or instrument to which Seller's property may be bound.
F. Until the closing, Seller shall, upon learning of any fact or condition which
would cause any of the warranties and representations in these Warranties,
Representations, and Covenants of Seller Section not to be true as of closing,
immediately give written notice of such fact or condition to Buyer.
15. HAZARDOUS WASTE. Neither Seller nor, to the best of Seller's knowledge, any
previous owner, tenant, occupant, or user of the Property used, generated, released,
discharged, stored, or disposed of any hazardous waste, toxic substances, or related
materials ("Hazardous Materials") on, under, in, or about the Property, or transported any
Hazardous Materials to or from the Property. Seller shall not cause or permit the presence,
use, generation, release, discharge, storage, or disposal of any Hazardous Materials on,
under, in, or about, or the transportation of any Hazardous Materials to or from, the Property.
The term "Hazardous Material" shall mean any substance, material, or waste which is or
becomes regulated by any local governmental authority, the State of California, or the United
States Government, including, but not limited to, any material or substance which is (i)
defined as a "hazardous waste", "extremely hazardous waste", or "restricted hazardous
waste" under Section 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the
California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control
Law), (ii) defined as "hazardous substance" under Section 25316 of the California Health
and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous
Substance Account Act), (iii) defined as a "hazardous material", "hazardous substance", or
"hazardous waste" under Section 25501 of the California Health and Safety Code, Division
20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory), (iv) defined
Packet Pg.700
A- 7145
Page 6
as a "hazardous substance" under Section 25281 of the California Health and Safety Code,
Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances), (v) petroleum,
(vi) asbestos, (vii) polychlorinated byphenyls, (viii) listed under Article 9 or defined as
"hazardous" or "extremely hazardous" pursuant to Article 11 of Title 22 of the California
Administrative Code, Division 4, Chapter 20, (ix) designated as a "hazardous substances"
pursuant to Section 311 of the Clean Water Act, (33 U.S.C. S1317), (x) defined as a
"hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery
Act, 42 U.S.C. S6901 et seq. (42 U.S.C. S6903) or (xi) defined as a "hazardous substances"
pursuant to Section 101 of the Comprehensive Environmental Response, Compensation,
as amended by Liability Act, 42. U.S.C. S9601 et seq. (42 U.S.C. S9601).
16. COMPLIANCE WITH ENVIRONMENTAL LAWS. To the best of Seller's knowledge
the Property complies with all applicable laws and governmental regulations including,
without limitation, all applicable federal, state, and local laws pertaining to air and water
quality, hazardous waste, waste disposal, and other environmental matters, including, but
not limited to, the Clean Water, Clean Air, Federal Water Pollution Control, Solid Waste
Disposal, Resource Conservation Recovery and Comprehensive Environmental Response
Compensation and Liability Acts, and the California Environment Quality Act, and the rules,
regulations, and ordinances of the city within which the subject property is located, the
California Department of Health Services, the Regional Water Quality Control Board, the
State Water Resources Control Board, the Environmental Protection Agency, and all
applicable federal, state, and local agencies and bureaus.
17. INDEMNITY. Seller agrees to indemnify, defend and hold Buyer harmless from and
against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine,
penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting
from, arising out of, or based upon (i) the presence, release, use, generation, discharge,
storage, or disposal of any Hazardous Material on, under, in or about, or the transportation
of any such materials to or from, the Property, or (ii) the violation, or alleged violation, of any
statute, ordinance, order, rule, regulation, permit, judgment, or license relating to the use,
generation, release, discharge, storage, disposal, or transportation of Hazardous Materials
on, under, in, or about, to or from, the Property. This indemnity shall include, without
limitation, any damage, liability, fine, penalty, punitive damage, cost, or expense arising from
or out of any claim, action, suit or proceeding for personal injury (including sickness, disease,
or death, tangible or intangible property damage, compensation for lost wages, business
income, profits or other economic loss, damage to the natural resource or the environment,
nuisance, pollution, contamination, leak, spill, release, or other adverse effect on the
environment). This indemnity extends only to liability created prior to or up to the date this
escrow shall close. Seller shall not be responsible for acts or omissions to act post close of
this escrow.
18. CONTINGENCY. It is understood and agreed between the parties hereto that the
completion of this transaction, and the escrow created hereby, is contingent upon the
specific acceptance and approval of the Buyer herein.
The terms and conditions, covenants, and agreements set forth herein shall apply to and
bind the heirs, executors, administrators, assigns and successors of the parties hereto.
Packet Pg.701
A- 7145
Page 7
This Agreement contains the entire agreement between both parties, neither party relies
upon any warranty or representation not contained in this Agreement.
19. CHOICE OF LAW/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.
20. ATTORNEYS’ FEES. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and
expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City
shall be considered as “attorneys’ fees” for the purposes of this Agreement.
21. 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.
22. AMENDMENTS. Only a writing executed by all of the parties hereto or their
respective successors and assigns may amend this Agreement.
23. 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
Packet Pg.702
A- 7145
Page 8
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and
year set forth hereinabove.
BUYER SELLER
CITY OF SAN BERNARDINO Family Trust of Carlos Ricardo Sosa and
Elva Avila Sosa
BY:__________________________ __________________________
Robert D. Field Carlos Ricardo Sosa
City Manager
_________________________
DATE
__________________________
Elva Avila Sosa
__________________________
DATE
MAILING ADDRESS OF BUYER MAILING ADDRESS OF SELLER
City of San Bernardino 19247 Mountain Shadow Lane
Attention: Alex Qishta Perris, CA 92570
201 N E Street, Suite 200
San Bernardino, CA 92401
APPROVED AS TO FORM
BY:__________________________
City Attorney
ATTEST
BY:___________________________
City Clerk
Packet Pg.703
A- 7145
Page 9
DATE:________________________
Packet Pg.704
A- 7145
Page 10 Packet Pg.705
A- 7145
Page 11 Packet Pg.706
5
1
5
Consent Calendar
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations and
Maintenance
Subject:Agreement with Inland Empire Landscape, Inc. for Landscape
Maintenance at City Street Medians, Islands, and LMDs (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Inland Empire, Inc., for landscape maintenance at all City medians and Landscape
Maintenance Districts (LMDs); and
2 Authorize the Agency Director of Administrative Services to appropriate funds in
the amount of $1,138,367.98 to the Public Works Operations and Maintenance
Division General Fund; and issue a purchase order in the amount of
$1,138,367.98 for Fiscal Year 2022/23; and
3 Adopt Resolution No. 2022-175 Authorizing the Agency Director of Administrative
Services to amend the FY 2022/23 General Fund Operating Budget revenue and
expenditure by $241,956 for landscape maintenance at City Street medians,
islands, and landscape maintenance districts (LMDs).
Background
The Operations and Maintenance Division of the Public Works Department is responsible
for landscape maintenance at all City street medians, islands, asphalt/concrete traffic
intersection medians, Landscape Maintenance Districts and other related infrastructure
near medians. The Division is also responsible for assessing/performing irrigation repairs
at these locations (as applicable), performing pest control, maintaining trees/shrubs/plants,
replacing/repairing broken curbs, and removing any hazards at these locations. The
current contracts for landscape maintenance at these locations have expired as of June
30, 2022, and all contract extensions have been utilized. Historically, in-house staff
provided landscape maintenance at street medians and LMDs, but contractual services
eventually replaced in-house landscape maintenance activities and the remaining in-house
staff were largely assigned inspection duties. It’s also important to note that many non-
landscape medians (such as those with only concrete or asphalt) have not been included in
prior contracts. With 139 locations to maintain, inspecting all locations is a challenging task
that is nevertheless accomplished routinely with various staff from multiple work sections
in the Operations and Maintenance Division to include the Operations Manager, Streets
Supervisor, and Parks Maintenance Supervisor. In-house staff also supplements
Packet Pg.707
5
1
5
landscape maintenance work tasks at some locations that were previously excluded from
prior contracts. Landscape maintenance contractors have typically performed a variety of
tasks that primarily include litter collection, sweeping/blowing, minor irrigation
inspection/repair, mowing at locations that have grass turf, along with other activities such
as tree trimming, plant/shrub care, raking, and pest control. During a review of current and
past maintenance service agreements, staff noted that prior contracts excluded non-
landscape-type medians and newer locations. An audit was then conducted to identify all
City-wide medians and to address all landscape and maintenance deficiencies. As a result
of this audit, this maintenance services project reflects significant increases in the number
of locations and consolidates all street medians and LMDs under one contract rather than
separating the work tasks under multiple vendors (which has proven to be time consuming
and inefficient for the contract administrators). Additionally, the frequency of maintenance
work tasks at all locations was increased to reflect the increased usage at some LMDs and
wear and tear of street medians (Attachment 2). This increase in work task frequencies will
ensure our medians and LMDs are kept clean, beautiful, and free of hazards.
Discussion
The City of San Bernardino has 139 street medians and street islands which include
various LMDs. To ensure that our city street medians and LMDs are properly maintained
and kept beautiful in appearance, staff is requesting $1,138,367.98 for landscape
maintenance and related services at street medians and LMDs under this maintenance
services agreement.
The Operations and Maintenance Division of Public Works worked with the Finance
Department in March of 2022, and formal bid process was initiated to solicit proposals for
landscape maintenance at Street Medians and LMDs in Request for Proposal No. F-22-
50. Notices were posted on the City’s website. The results of the bid opening yielded three
vendors which were evaluated and scored by a selection committee and further reviewed
by Procurement for compliance with mandatory requirements. Proposals were evaluated
on the following criteria:
1. The Proposer is properly licensed to practice in the State of California.
2. The Proposer has no conflict of interest with regard to any other worker formed by
the firm for the City.
3. Clarity and conformance of proposal to the RFP.
4. Content of the proposal.
5. Proposer’s experience and performance.
6. Team members’ experience and performance.
7. Fee proposal.
8. Comments by references.
In addition, the selection committee was asked to score a six (6) part evaluation sheet on
a 0-10 scale for each area for a total max score of 60. The evaluation included a thorough
review of the following areas and asked the following for each part: Did Vendor Sign the
Bidder's Response box? Did Vendor include any additional Services? Did Vendor take
exceptions to this section services included in this area of the Scope of Work, if so, would
the city agreeing to these exceptions diminish the quality of the services requested from
the vendor.
Part 1: General Scope of Services
- Terms: Contract Manager, Vendor, Landscape Maintenance Districts (LMDs)
- Materials Packet Pg.708
5
1
5
- Daily Reporting and Notification
- Hours of Operation
- Special Projects
- Requests from the Public
- Locations and Areas of Maintenance
Part 2: Landscape Maintenance
- Litter Collection from Grounds
- Litter Collection from Trash Receptacles (as applicable)
- Mowing (as applicable)
- Edging (as applicable)
- Plant, Bush, Shrub Trimming
- Fertilization (plants, bushes)
- Weed Abatement
- Irrigation Inspection and Repair
- Backflow Inspection and Repair
- Landscape Bed Raking
- Pest Control
- Mole Hill Flattening and Re-Filling
- Minor Tree Trimming
Part 3: Overseeding (as applicable in minor locations)
- Steps and Requirements for the Overseeding Process
Part 4: Experience
- Did the vendors describe how their experience, technical and professional skills will meet
the goals as outlined in the RFP?
- Did the vendor describe the past experience of staff to be assigned to perform the
Services?
- Did vendor provide number of years of experience conducting business? Does the
proposer have at least 4 years of experience in providing the required scope of service for
public clients?
- Did vendor provide local experience and knowledge of City?
Part 5: Project Specific Experience
- Executive Summary
- Tables of Contents
- Identification of Proposer
- Staffing Resources
- Experience and Technical Competence
- Role of the Firm
- Description of Service
- Staffing
- Duration of providing services
- Relationship to Client
- Contact name, position, entity name, telephone number, fax number, and email for each
project
Part 6: Technical Competence
- Did the vendor describe their in-house resources?
- Did the vendor submit their ability to draw upon multi-disciplinary staff to address Packet Pg.709
5
1
5
the services requested?
To determine points awarded, the selection committee was instructed to follow the below
scoring system:
1. If the vendor has an acceptable answer to the City's question start scoring at 6.
2. If the proposal meets the requirements set forth in the RFP and there are no deductions
or additions, then a score of 6 is to be given as “acceptable.”
3. Anything lower than a 6 is an automatic “less than,” which should have a comment in
the deductions section.
4. Anything "higher than" a 6 will need a comment in the additions section.
5. All Scoring shall be based on the information submitted within the RFP.
6. No partial points are awarded
This RFP was not based on the lowest cost. The selection criteria was based on most
responsive and responsible bidder. The cost was weighted at 40% of total points, meaning
that the total scores from the selection committee are valued up to 60% of the total points
in order to make a final selection. The committee completed its review on May 17, 2022,
and recommended Inland Empire Landscape, Inc. as the winning vendor for final
evaluation by Procurement. In its review of mandatory categories and other requirements,
Procurement determined both RP Landscape and Irrigation and Fregoso Gardenscape
were disqualified. RP Landscape was disqualified as they did not provide a current line of
credit, nor did they provide the latest audited financial statement (or annual report).
Similarly, Fregoso Gardenscape did not provide a financial letter or audited financial
statement, nor did they provide pricing for any of the LMDs. This resulted in Inland Empire
Landscape as the only responsible and responsive bidder for this project.
SCORE BIDDER CITY TOTAL
COST
62 Inland Empire
Landscape, Inc.
San Bernardino, CA $1,138,367.98
65
(disqualified)
RP Landscape and
Irrigation
San Bernardino, CA $876,072.00
44
(disqualified)
Fregoso Gardenscape Riverside, CA $853,200.00
Staff is confident that Inland Empire Landscape, Inc. is qualified to perform the required
work for this maintenance service agreement and noted the extensive availability of
equipment and staff in their proposal. Additionally, Inland Empire Landscape has
previously provided landscape maintenance services for the City and is very familiar with
our City street medians and infrastructure. The term of the proposed agreement shall be
from August 3, 2022, to June 30, 2027.
2021-2025 Key Strategic Targets and Goals
This project is consistent with several City goals and targets. It is aligned with Key Target
1e: Minimize risk and litigation exposure. Approval of this agreement will reduce the risk of
potential liability associated with tort cases and significantly reduce the amount of open
work order requests. It is also aligned with Key Target 3c: Constantly evaluate public safety
service delivery models to enhance the quality of service. This landscape maintenance
contract will ensure the City is clean, hazard-free, and attractive at all LMDs, street
medians and islands, and will promote investment in the City.
Packet Pg.710
5
1
5
Fiscal Impact
The General Fund impact is $1,138,367.98 and will be appropriated in the FY 2022/23
budget. The $1,138,367.98 will continue on an annual basis for the term of the contract. A
budget amendment is also being submitted with this staff report in the amount of $241,956.
This budget amendment is required as last year’s funding for landscape maintenance was
matched this fiscal year but did not account for projected increases in costs.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Authorize the City Manager to execute a Maintenance Services Agreement with
Inland Empire, Inc., for landscape maintenance at all City street medians, islands,
and Landscape Maintenance Districts (LMDs); and
2. Authorize the Agency Director of Administrative Services to appropriate funds in
the amount of $1,138,367.98 to the Public Works Operations and Maintenance
Division General Fund; and issue a purchase order in the amount of
$1,138,367.98 for Fiscal Year 2022/23; and
3. Adopt Resolution No. 2022-175 Authorizing the Agency Director of Administrative
Services to amend the FY 2022/23 General Fund Operating Budget revenue and
expenditure by $241,956 for landscape maintenance at City street medians,
islands, and landscape maintenance districts (LMDs).
Attachments
Attachment 1 Maintenance Services Agreement
Attachment 2 Resolution No. 2022-175 Budget Amendment Street Medians and
LMDs Landscape Maintenance
Attachment 3 Exhibit A Work Task Frequency Tables
Attachment 4 Bid Documents-RFP No. F-22-50
Attachment 5 Fregoso Gardenscape Proposal
Attachment 6 Inland Empire Landscape, Inc. Proposal
Attachment 7 RP Landscape & Irrigation Proposal
Attachment 8 Locations and Areas of Maintenance at Medians
Attachment 9 LMD Diagrams of Locations
Attachment 10 LMD Tracts
Ward: All
Synopsis of Previous Council Actions: None
Packet Pg.711
- 1 -
CITY OF SAN BERNARDINO
MAINTENANCE SERVICES AGREEMENT
1. PARTIES AND DATE.
This Agreement is made and entered into this 3rd day of August, 2022 by and between
the City of San Bernardino, a municipal corporation organized under the laws of the State of
California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino,
California 92401, County of San Bernardino, State of California (“City”) and Inland Empire
Landscape Management, Inc., a Stock Corporation with its principal place of business at 202
East Airport Drive, Suite 100, San Bernardino, CA. 92423 (“Contractor”). City and Contractor
are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
2. RECITALS.
2.1 Contractor.
Contractor desires to perform and assume responsibility for the provision of certain
maintenance services required by the City on the terms and conditions set forth in this Agreement.
Contractor represents that it is experienced in providing STREET MEDIANS AND ISLANDS
LANDSCAPE MAINTENANCE services to public clients, that it and its employees or
subcontractors have all necessary licenses and permits to perform the Services in the State of
California, and that is familiar with the plans of City. Contractor shall not subcontract any portion
of the work required by this Agreement, except as expressly stated herein, without prior written
approval of City. Subcontracts, if any, shall contain a provision making them subject to all
provisions stipulated in this Agreement.
2.2 Project.
City desires to engage Contractor to render such services for the STREET MEDIANS
AND ISLANDS LANDSCAPE MAINTENANCE project (“Project”) as set forth in this Agreement.
3. TERMS.
3.1 Scope of Services and Term.
3.1.1 General Scope of Services. Contractor promises and agrees to furnish to
the city all labor, materials, tools, equipment, services, and incidental and customary work
necessary to fully and adequately supply the professional STREET MEDIANS AND ISLANDS
LANDSCAPE MAINTENANCE services necessary for the Project (“Services”). The Services are
more particularly described in Exhibit “A” attached hereto and incorporated herein by reference.
All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits
attached hereto and incorporated herein by reference, and all applicable local, state and federal
laws, rules and regulations.
3.1.2 Term. The term of this Agreement shall be from August 3, 2022, to June
30, 2027, unless earlier terminated as provided herein. Contractor shall complete the Services
within the term of this Agreement and shall meet any other established schedules and deadlines.
The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to
complete the Services.
Packet Pg.712
- 2 -
2
3
6
3.2 Responsibilities of Contractor.
3.2.1 Control and Payment of Subordinates; Independent Contractor. The
Services shall be performed by Contractor or under its supervision. Contractor will determine the
means, methods and details of performing the Services subject to the requirements of this
Agreement. City retains Contractor on an independent contractor basis and not as an employee.
Contractor retains the right to perform similar or different services for others during the term of
this Agreement. Any additional personnel performing the Services under this Agreement on
behalf of Contractor shall also not be employees of City and shall at all times be under
Contractor’s exclusive direction and control. Contractor shall pay all wages, salaries, and other
amounts due such personnel in connection with their performance of Services under this
Agreement and as required by law. Contractor shall be responsible for all reports and obligations
respecting such additional personnel, including, but not limited to social security taxes, income
tax withholding, unemployment insurance, disability insurance, and workers’ compensation
insurance.
3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously,
within the term of this Agreement, and in accordance with the Schedule of Services set forth in
Exhibit “B” attached hereto and incorporated herein by reference. Contractor represents that it
has the professional and technical personnel required to perform the Services in conformance
with such conditions. In order to facilitate Contractor’s conformance with the Schedule, City shall
respond to Contractor’s submittals in a timely manner. Upon request of City, Contractor shall
provide a more detailed schedule of anticipated performance to meet the Schedule of Services.
3.2.3 Conformance to Applicable Requirements. All work prepared by
Contractor shall be subject to the approval of City.
3.2.4 City’s Representative. The City hereby designates Ernesto Salinas, or his
designee, to act as its representative for the performance of this Agreement (“City’s
Representative”). City’s Representative shall have the power to act on behalf of the City for all
purposes under this Agreement. Contractor shall not accept direction or orders from any person
other than the City’s Representative or his or her designee.
3.2.5 Contractor’s Representative. Contractor hereby designates Joel Ibarra, or
his or her designee, to act as its representative for the performance of this Agreement
(“Contractor’s Representative”). Contractor’s Representative shall have full authority to represent
and act on behalf of the Contractor for all purposes under this Agreement. The Contractor’s
Representative shall supervise and direct the Services, using his or her best skill and attention,
and shall be responsible for all means, methods, techniques, sequences and procedures and for
the satisfactory coordination of all portions of the Services under this Agreement.
3.2.6 Coordination of Services. Contractor agrees to work closely with City staff
in the performance of Services and shall be available to City’s staff, consultants and other staff at
all reasonable times.
3.2.7 Standard of Care; Performance of Employees. Contractor shall perform all
Services under this Agreement in a skillful and competent manner, consistent with the standards
generally recognized as being employed by professionals in the same discipline in the State of
California. Contractor represents and maintains that it is skilled in the professional calling
necessary to perform the Services. Contractor warrants that all employees and subcontractors
shall have sufficient skill and experience to perform the Services assigned to them. Finally,
Packet Pg.713
- 3 -
2
3
6
Contractor represents that it, its employees and subcontractors have all licenses, permits,
qualifications and approvals of whatever nature that are legally required to perform the Services,
including a City Business License, and that such licenses and approvals shall be maintained
throughout the term of this Agreement. As provided for in the indemnification provisions of this
Agreement, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contractor’s failure to comply with the standard of care provided for herein. Any employee of the
Contractor or its sub-contractors who is determined by the City to be uncooperative, incompetent,
a threat to the adequate or timely completion of the Project, a threat to the safety of persons or
property, or any employee who fails or refuses to perform the Services in a manner acceptable to
the City, shall be promptly removed from the Project by the Contractor and shall not be
re-employed to perform any of the Services or to work on the Project.
3.2.8 Period of Performance. Contractor shall perform and complete all Services
under this Agreement within the term set forth in Section 3.1.2 above (“Performance Time”).
Contractor shall perform the Services in strict accordance with any completion schedule or Project
milestones described in Exhibits “A” or “B” attached hereto, or which may be provided separately
in writing to the Contractor. Contractor agrees that if the Services are not completed within the
aforementioned Performance Time and/or pursuant to any such completion schedule or Project
milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged
and agreed that the City will suffer damage.
3.2.9 Disputes. Should any dispute arise respecting the true value of any work
done, of any work omitted, or of any extra work which Contractor may be required to do or
respecting the size of any payment to Contractor during the performance of this Contract,
Contractor shall continue to perform the Work while said dispute is decided by the City. If
Contractor disputes the City’s decision, Contractor shall have such remedies as may be provided
by law.
3.2.10 Laws and Regulations; Employee/Labor Certifications. Contractor 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 the Project or the Services, including all
Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for
all violations of such laws and regulations in connection with Services. If the Contractor performs
any work knowing it to be contrary to such laws, rules and regulations and without giving written
notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a
public entity of the State of California subject to certain provisions of the Health & Safety Code,
Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed
that all provisions of the law applicable to the public contracts of a municipality are a part of this
Agreement to the same extent as though set forth herein and will be complied with. These include
but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor
shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight
(8) hours during any one calendar day except as permitted by law. Contractor shall defend,
indemnify and hold City, its officials, directors, officers, employees and agents free and harmless,
pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out
of any failure or alleged failure to comply with such laws, rules or regulations.
3.2.10.1 Employment Eligibility; Contractor. By executing this
Agreement, Contractor 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. Such
Packet Pg.714
- 4 -
2
3
6
requirements and restrictions include, but are not limited to, examination and retention of
documentation confirming the identity and immigration status of each employee of the Contractor.
Contractor also verifies that it has not committed a violation of any such law within the five (5)
years immediately preceding the date of execution of this Agreement and shall not violate any
such law at any time during the term of the Agreement. Contractor shall avoid any violation of
any such law during the term of this Agreement by participating in an electronic verification of
work authorization program operated by the United States Department of Homeland Security, by
participating in an equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, or by some
other legally acceptable method. Contractor shall maintain records of each such verification and
shall make them available to the City or its representatives for inspection and copy at any time
during normal business hours. The City shall not be responsible for any costs or expenses related
to Contractor’s compliance with the requirements provided for in Section 3.2.10 or any of its sub-
sections.
3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and
Consultants. To the same extent and under the same conditions as Contractor, Contractor shall
require all of its subcontractors, sub-subcontractors and consultants performing any work relating
to the Project or this Agreement to make the same verifications and comply with all requirements
and restrictions provided for in Section 3.2.10.1.
3.2.10.3 Employment Eligibility: Failure to Comply. Each person
executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer
of Contractor, and understands that any of the following shall be grounds for the City to terminate
the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or
consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any
misrepresentation or material omission concerning compliance with such requirements (including
in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to
immediately remove from the Project any person found not to be in compliance with such
requirements.
3.2.10.4 Labor Certification. By its signature hereunder, Contractor
certifies that it is aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers’ Compensation or to undertake
self-insurance in accordance with the provisions of that Code and agrees to comply with such
provisions before commencing the performance of the Services.
3.2.10.5 Equal Opportunity Employment. Contractor represents that it is
an equal opportunity employer, and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap, ancestry,
sex or age. 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.
3.2.10.6 Air Quality. Contractor must fully comply with all applicable laws,
rules and regulations in furnishing or using equipment and/or providing services, including, but
not limited to, emissions limits and permitting requirements imposed by the California Air
Resources Board (CARB). Contractor shall specifically be aware of the CARB limits and
requirements’ application to “portable equipment”, which definition is considered by CARB to
include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against
any fines or penalties imposed by CARB or any other governmental or regulatory agency for
Packet Pg.715
- 5 -
2
3
6
violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others
for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable,
Contractor’s Services must account for, and fully comply with, all local, state and federal laws,
rules and regulations that may impact water quality compliance, including, without limitation, all
applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the
California Porter-Cologne Water Quality Control Act (Cal Water Code §§ 13000-14950); laws,
rules and regulations of the Environmental Protection Agency and the State Water Resources
Control Board; the City’s ordinances regulating discharges of storm water; and any and all
regulations, policies, or permits issued pursuant to any such authority regulating the discharge of
pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or
surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the
laws, regulations and policies described in this Section is a violation of law that may subject
Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall
defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and
agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and
against any and all fines, penalties, claims or other regulatory requirements imposed as a result
of Contractor’s non-compliance with the laws, regulations and policies described in this Section,
unless such non-compliance is the result of the sole established negligence, willful misconduct or
active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(C) Training. In addition to any other standard of care
requirements set forth in this Agreement, Contractor warrants that all employees and
subcontractors shall have sufficient skill and experience to perform the Services assigned to them
without impacting water quality in violation of the laws, regulations and policies described in this
Section. Contractor further warrants that it, its employees and subcontractors will receive
adequate training, as determined by City, regarding the requirements of the laws, regulations and
policies described in this Section as they may relate to the Services provided under this
Agreement. Upon request, City will provide Contractor with a list of training programs that meet
the requirements of this paragraph.
3.2.11 Insurance.
3.2.11.1 Time for Compliance. Contractor shall not commence Work
under this Agreement until it has provided evidence satisfactory to the City that it has secured all
insurance required under this Section. In addition, Contractor shall not allow any subcontractor
to commence work on any subcontract until it has provided evidence satisfactory to the City that
the subcontractor has secured all insurance required under this Section.
3.2.11.2 Minimum Requirements. Contractor shall, at its expense,
procure and maintain for the duration of the Agreement insurance against claims for injuries to
persons or damages to property which may arise from or in connection with the performance of
the Agreement by the Contractor, its agents, representatives, employees or subcontractors.
Contractor shall also require all of its subcontractors to procure and maintain the same insurance
for the duration of the Agreement. Such insurance shall meet at least the following minimum levels
of coverage:
Packet Pg.716
- 6 -
2
3
6
(A) Minimum Scope of Insurance. Coverage shall be at least
as broad as the latest version of the following: (1) General Liability: Insurance Services Office
Commercial General Liability coverage (occurrence form CG 0001); (2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3)
Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required
by the State of California and Employer’s Liability Insurance; (4) Privacy/Network Security
(Cyber), in a form and with insurance companies acceptable to City; and The policy shall not
contain any exclusion contrary to the Agreement, including but not limited to endorsements or
provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26
or 21 29); or (2) cross liability for claims or suits by one insured against another.
(B) Minimum Limits of Insurance. Contractor shall maintain
limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury,
personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General
Liability Insurance or other form with general aggregate limit is used including, but not limited to,
form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location
or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability
$1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers’
Compensation and Employer’s Liability: Workers’ Compensation limits as required by the Labor
Code of the State of California. Employer’s Liability limits of $1,000,000 MINIMUM per accident
for bodily injury or disease; (4) Cyber Liability: $1,000,000 PER OCCURRENCE/AGGREGATE
for privacy breaches, system breaches, denial/loss of service, and introduction, implantation or
spread of malicious software code; (Defense costs shall be paid in addition to the limits.
(C) Notices; Cancellation or Reduction of Coverage. At least
fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance
coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled
or materially reduced, Contractor shall, within ten (10) days after receipt of written notice of such
cancellation or reduction of coverage, file with the City evidence of insurance showing that the
required insurance has been reinstated or has been provided through another insurance company
or companies. In the event any policy of insurance required under this Agreement does not
comply with these specifications or is canceled and not replaced, the City has the right but not
the duty to obtain the insurance it deems necessary, and any premium paid by the City will be
promptly reimbursed by Contractor or the City may withhold amounts sufficient to pay premium
from Contractor payments. In the alternative, the city may suspend or terminate this Agreement.
(D) Additional Insured. The City of San Bernardino, its
directors, officials, officers, employees, agents, and volunteers shall be named as additional
insureds on Contractor’s and its subcontractors’ policies of commercial general liability and
automobile liability insurance using the endorsements and forms specified herein or exact
equivalents.
3.2.11.3 Insurance Endorsements. The insurance policies shall contain
the following provisions, or Contractor shall provide endorsements on forms supplied or approved
by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or
be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements
providing the exact same coverage, the City of San Bernardino, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insured with respect to the
Services or ongoing and complete operations performed by or on behalf of the Contractor,
Packet Pg.717
- 7 -
2
3
6
including materials, parts or equipment furnished in connection with such work; and (2) using ISO
form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall
be primary insurance as respects the City, its directors, officials, officers, employees, agents, and
volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor’s
scheduled underlying coverage. Any excess insurance shall contain a provision that such
coverage shall also apply on a primary and noncontributory basis for the benefit of the City, before
the City’s own primary insurance or self-insurance shall be called upon to protect it as a named
insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers,
employees, agents, and volunteers shall be excess of the Contractor’s insurance and shall not be
called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in
Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits
of coverage shall be available to the parties required to be named as additional insureds pursuant
to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall
include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers,
employees, agents, and volunteers shall be covered as additional insureds with respect to the
ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired
or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance
coverage shall be primary insurance as respects the City, its directors, officials, officers,
employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage
excess of the Contractor’s scheduled underlying coverage. Any insurance or self-insurance
maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be
excess of the Contractor’s insurance and shall not be called upon to contribute with it in any way.
Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance
proceeds in excess of the specified minimum limits of coverage shall be available to the parties
required to be named as additional insureds pursuant to this Section 3.2.11.3(B).
(C) Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its directors, officials,
officers, employees, agents, and volunteers for losses paid under the terms of the insurance
policy which arise from work performed by the Contractor.
(D) All Coverages. Each insurance policy required by this
Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced
or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice
by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply
with reporting or other provisions of the policies, including breaches of warranties, shall not affect
coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.
Any failure to comply with reporting or other provisions of the policies including breaches of
warranties shall not affect coverage provided to the City, its officials, officers, employees, agents
and volunteers, or any other additional insureds.
3.2.11.4 Separation of Insureds; No Special Limitations; Waiver of
Subrogation. All insurance required by this Section shall contain standard separation of insureds
provisions. In addition, such insurance shall not contain any special limitations on the scope of
protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
All policies shall waive any right of subrogation of the insurer against the City, its officials, officers,
employees, agents, and volunteers, or any other additional insureds, or shall specifically allow
Contractor or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery
Packet Pg.718
- 8 -
2
3
6
against City, its officials, officers, employees, agents, and volunteers, or any other additional
insureds, and shall require similar written express waivers and insurance clauses from each of its
subcontractors.
3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or
self-insured retentions must be declared to and approved by the city. Contractor shall guarantee
that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or
self-insured retentions as respects the City, its directors, officials, officers, employees, agents,
and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and
related investigation costs, claims and administrative and defense expenses.
3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not
allow any subcontractors to commence work on any subcontract relating to the work under the
Agreement until they have provided evidence satisfactory to the City that they have secured all
insurance required under this Section. If requested by Contractor, the City may approve different
scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City
shall be named as additional insureds on all subcontractors’ policies of Commercial General
Liability using ISO form 20 38, or coverage at least as broad.
3.2.11.7 Acceptability of Insurers. Insurance is to be placed with insurers
with a current A.M. Best’s rating no less than A:VIII, licensed to do business in California, and
satisfactory to the City.
3.2.11.8 Verification of Coverage. Contractor shall furnish City with
original certificates of insurance and endorsements effecting coverage required by this Agreement
on forms satisfactory to the City. The certificates and endorsements for each insurance policy
shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be
on forms provided by the City if requested. All certificates and endorsements must be received
and approved by the city before work commences. The City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
3.2.11.9 Reporting of Claims. Contractor shall report to the City, in
addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in
connection with the Services under this Agreement.
3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury
or damage to any person or property. In carrying out its Services, the Contractor shall at all times
be in compliance with all applicable local, state and federal laws, rules and regulations, and shall
exercise all necessary precautions for the safety of employees appropriate to the nature of the
work and the conditions under which the work is to be performed. Safety precautions as
applicable shall include, but shall not be limited to: (A) adequate life protection and lifesaving
equipment and procedures; (B) instructions in accident prevention for all employees and
subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks,
confined space procedures, trenching and shoring, equipment and other safety devices,
equipment and wearing apparel as are necessary or lawfully required to prevent accidents or
injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety
measures.
3.2.13 Bonds. Performance Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Performance Bond in the
Packet Pg.719
- 9 -
2
3
6
amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form
provided or approved by the City. If such bond is required, no payment will be made to Contractor
until it has been received and approved by the city.
3.2.13.1 Payment Bond. If required by law or otherwise specifically
requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor
shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount
of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or
approved by the City. If such bond is required, no payment will be made to Contractor until it has
been received and approved by the city.
3.2.13.2 Bond Provisions. Should, in City’s sole opinion, any bond
become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace
the affected bond within 10 days of receiving notice from City. In the event the surety or
Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written
notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least
ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due
or will be made under this Agreement until any replacement bonds required by this Section are
accepted by the City. To the extent, if any, that the total compensation is increased in accordance
with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds
to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to
the City. To the extent available, the bonds shall further provide that no change or alteration of
the Agreement (including, without limitation, an increase in the total compensation, as referred to
above), extensions of time, or modifications of the time, terms, or conditions of payment to the
Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City
may terminate this Agreement for cause.
3.2.13.3 Surety Qualifications. Only bonds executed by an admitted
surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The
surety must be a California-admitted surety with a current A.M. Best’s rating no less than A:VIII
and satisfactory to the city. If a California-admitted surety insurer issuing bonds does not meet
these requirements, the insurer will be considered qualified if it is in conformance with
Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the
City.
3.2.14 Accounting Records. Contractor shall maintain complete and accurate
records with respect to all costs and expenses incurred under this Agreement. All such records
shall be clearly identifiable. Contractor shall allow a representative of City during normal business
hours to examine, audit, and make transcripts or copies of such records and any other documents
created pursuant to this Agreement. Contractor shall allow inspection of all work, data,
documents, proceedings, and activities related to the Agreement for a period of three (3) years
from the date of final payment under this Agreement.
3.2.15 Work Site.
3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services
are to be performed and shall become acquainted with all conditions affecting the Services prior
to commencing the Services. Contractor shall make such examinations as it deems necessary to
determine the condition of the work sites, its accessibility to materials, workmen and equipment,
and to determine Contractor’s ability to protect existing surface and subsurface
Packet Pg.720
- 10 -
2
3
6
improvements. No claim for allowances–time or money–will be allowed as to such matters after
commencement of the Services.
3.2.15.2 Field Measurements. Contractor shall make field
measurements, verify field conditions and shall carefully compare such field measurements and
conditions and other information known to Contractor with the Contract Documents, including any
plans, specifications, or scope of work before commencing Services. Errors, inconsistencies or
omissions discovered shall be reported to the City immediately and prior to performing any
Services or altering the condition.
3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage
which may arise out of the nature of the Services agreed to herein, or from the action of the
elements, or from any unforeseen difficulties which may arise or be encountered in the
prosecution of the Services until the same is fully completed and accepted by City.
3.2.17 Warranty. Contractor warrants all Services under the Contract (which for
purposes of this Section shall be deemed to include unauthorized work which has not been
removed and any non-conforming materials incorporated into the work) to be of good quality and
free from any defective or faulty material and workmanship. Contractor agrees that for a period
of one year (or the period of time specified elsewhere in the Contract or in any guarantee or
warranty provided by any manufacturer or supplier of equipment or materials incorporated into
the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10)
days after being notified in writing by the City of any defect in the Services or non-conformance
of the Services to the Contract, commence and prosecute with due diligence all Services
necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act
sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its
sole cost and expense, repair and replace any portions of the work (or work of other contractors)
damaged by its defective Services or which becomes damaged in the course of repairing or
replacing defective work. For any work so corrected, Contractor’s obligation hereunder to correct
defective work shall be reinstated for an additional one-year period, commencing with the date of
acceptance of such corrected work. Contractor shall perform such tests as the City may require
to verify that any corrective actions, including, without limitation, redesign, repairs, and
replacements comply with the requirements of the Contract. All costs associated with such
corrective actions and testing, including the removal, replacement, and reinstitution of equipment
and materials necessary to gain access, shall be the sole responsibility of the Contractor. All
warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any
portion of the work, whether express or implied, are deemed to be obtained by Contractor for the
benefit of the City, regardless of whether or not such warranties and guarantees have been
transferred or assigned to the City by separate agreement and Contractor agrees to enforce such
warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails
to perform its obligations under this Section, or under any other warranty or guaranty under this
Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and
replace any defective or non-conforming work and any work damaged by such work or the
replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to
fully reimburse the City for any expenses incurred hereunder upon demand.
3.3 Fees and Payments.
3.3.1 Compensation. Contractor shall receive compensation, including
authorized reimbursements, for all Services rendered under this Agreement at the rates set forth
in Exhibit “C” attached hereto and incorporated herein by reference. The total compensation shall
Packet Pg.721
- 11 -
2
3
6
not exceed One Million, One hundred thirty- eight thousand, Three hundred sixty – seven
dollars annually. $1,138,367.98. Extra Work may be authorized, as described below, and if
authorized, will be compensated at the rates and manner set forth in this Agreement.
3.3.2 Payment of Compensation. Contractor shall submit to City a monthly
itemized statement which indicates work completed and hours of Services rendered by
Contractor. The statement shall describe the amount of Services and supplies provided since the
initial commencement date, or since the start of the subsequent billing periods, as appropriate,
through the date of the statement. City shall, within 45 days of receiving such statement, review
the statement and pay all approved charges thereon.
3.3.3 Deductions. City may deduct or withhold, as applicable, from each
progress payment an amount necessary to protect City from loss because of: (1) stop payment
notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3)
sums representing expenses, losses, or damages as determined by the City, incurred by the City
for which Contractor is liable under the Agreement; and (4) any other sums which the City is
entitled to recover from Contractor under the terms of the Agreement or pursuant to state law,
including Section 1727 of the California Labor Code. The failure by the City to deduct any of
these sums from a progress payment shall not constitute a waiver of the City's right to such sums.
3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any
expenses unless authorized in writing by City.
3.3.5 Extra Work. At any time during the term of this Agreement, City may
request that Contractor perform Extra Work. As used herein, “Extra Work” means any work which
is determined by City to be necessary for the proper completion of the Project, but which the
parties did not reasonably anticipate would be necessary at the execution of this Agreement.
Contractor shall not perform, nor be compensated for, Extra Work without written authorization
from City’s Representative.
3.3.6 Prevailing Wages. Contractor is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations,
Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing
wage rates and the performance of other requirements on certain “public works” and
“maintenance” projects. If the Services are being performed as part of an applicable “public
works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total
compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage
Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect
at the commencement of this Contract. Contractor shall make copies of the prevailing rates of
per diem wages for each craft, classification or type of worker needed to execute the Services
available to interested parties upon request and shall post copies at Contractor’s principal place
of business and at the project site. Contractor shall defend, indemnify and hold the City, its
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 Contractor and all subcontractors to comply with all
California Labor Code provisions, which include but are not limited to prevailing wages (Labor
Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5),
certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code
Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section
1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner
Packet Pg.722
- 12 -
2
3
6
under Labor Code section 1771.4 shall not apply to work performed on a public works project that
is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
3.3.7 Registration/DIR Compliance. If the Services are being performed as part
of an applicable “public works” or “maintenance” project, and if the total compensation is $15,000
or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all
subcontractors performing such Services must be registered with the Department of Industrial
Relations. Contractor shall maintain registration for the duration of the Project and require the
same of any subcontractors, as applicable. This Project may also be subject to compliance
monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor’s
sole responsibility to comply with all applicable registration and labor compliance requirements.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code
Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is
exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and
1771.1. Any stop orders issued by the Department of Industrial Relations against Contractor or
any subcontractor that affect Contractor’s performance of Services, including any delay, shall be
Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall
be considered Contractor caused delay and shall not be compensable by the City. Contractor
shall defend, indemnify and hold the City, its officials, officers, employees and agents free and
harmless from any claim or liability arising out of stop orders issued by the Department of
Industrial Relations against Contractor or any subcontractor.
3.4 Termination of Agreement.
3.4.1 Grounds for Termination. City may, by written notice to Contractor,
terminate the whole or any part of this Agreement at any time and without cause by giving written
notice to Contractor of such termination, and specifying the effective date thereof, at least seven
(7) days before the effective date of such termination. Upon termination, Contractor shall be
compensated only for those services which have been adequately rendered to City, and
Contractor shall be entitled to no further compensation. Contractor may not terminate this
Agreement except for cause.
3.4.2 Effect of Termination. If this Agreement is terminated as provided herein,
City may require Contractor to provide all finished or unfinished Documents and Data and other
information of any kind prepared by Contractor in connection with the performance of Services
under this Agreement. Contractor shall be required to provide such document and other
information within fifteen (15) days of the request.
3.4.3 Additional Services. In the event this Agreement is terminated in whole or
in part as provided herein, City may procure, upon such terms and in such manner as it may
determine appropriate, services similar to those terminated.
3.5 General Provisions.
3.5.1 Delivery of Notices. All notices permitted or required under this Agreement
shall be given to the respective parties at the following address, or at such other address as the
respective parties may provide in writing for this purpose:
Contractor:
Inland Empire Landscape, Inc.
Packet Pg.723
- 13 -
2
3
6
202 East Airport Drive, Suite 100
San Bernardino, CA. 92423
Attn: Joe Ibarra
City:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Ernesto Salinas
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
Such notice shall be deemed made when personally delivered or when mailed,
forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to
the party at its applicable address. Actual notice shall be deemed adequate notice on the date
actual notice occurred, regardless of the method of service.
3.5.2 Indemnification.
3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law,
Contractor shall defend, indemnify and hold the City, its officials, employees, agents and
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, regardless of whether the allegations are false, fraudulent,
or groundless, to property or persons, including wrongful death, (collectively, “Claims”) in any
manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful
misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents
in connection with the performance of the Contractor’s Services, the Project or this Agreement,
including without limitation the payment of all expert witness fees, attorneys’ fees and other
related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code
section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death
or bodily injury to persons, injury to property, or any other loss, damage or expense which is
caused by the sole or active negligence or willful misconduct of the City or the City’s agents,
servants, or independent contractors who are directly responsible to the City.
3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with
counsel of City’s choosing and at Contractor’s own cost, expense and risk, any and all Claims
covered by this indemnification section that may be brought or instituted against City or its officials,
employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment,
award or decree that may be rendered against City or its officials, employees, agents and
volunteers as part of any such claim, suit, action or other proceeding. Contractor shall also
reimburse City for the cost of any settlement paid by City or its officials, employees, agents and
volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall
include payment for City’s attorney’s fees and costs, including expert witness fees. Contractor
shall reimburse City and its officials, employees, agents and volunteers, for any and all legal
expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity
herein provided. Contractor’s obligation to indemnify shall survive expiration or termination of this
Packet Pg.724
- 14 -
2
3
6
Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its
officials, employees, agents and volunteers.
3.5.3 Governing Law; Government Code Claim Compliance. This Agreement
shall be governed by the laws of the State of California. Venue shall be in San Bernardino County,
California. In addition to any and all contract requirements pertaining to notices of and requests
for compensation or payment for extra work, disputed work, claims and/or changed conditions,
Contractor must comply with the claim procedures set forth in Government Code sections 900 et
seq. prior to filing any lawsuit against the City. Such Government Code claims, and any
subsequent lawsuit based upon the Government Code claims shall be limited to those matters
that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or
changed conditions have been followed by Contractor. If no such Government Code claim is
submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified
herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.
3.5.4 Time of Essence. Time is of the essence for each and every provision of
this Agreement.
3.5.5 City’s Right to Employ Other Contractors. City reserves right to employ
other contractors in connection with this Project.
3.5.6 Successors and Assigns. This Agreement shall be binding on the
successors and assigns of the parties.
3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate or
transfer, either directly or by operation of law, this Agreement or any interest herein without the
prior written consent of the City. Any attempt to do so shall be null and void, and any assignees,
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
3.5.8 Construction; References; Captions. Since the Parties or their agents have
participated fully in the preparation of this Agreement, the language of this Agreement shall be
construed simply, according to its fair meaning, and not strictly for or against any Party. Any term
referencing time, days or period for performance shall be deemed calendar days and not
workdays. All references to Contractor include all personnel, employees, agents, and
subcontractors of Contractor, except as otherwise specified in this Agreement. All references to
City include its officials, officers, employees, agents, and volunteers except as otherwise specified
in this Agreement. 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 Agreement.
3.5.9 Amendment; Modification. No supplement, modification or amendment of
this Agreement shall be binding unless executed in writing and signed by both Parties.
3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other
default or breach, whether of the same or other covenant or condition. No waiver, benefit,
privilege, or service voluntarily given or performed by a Party shall give the other Party any
contractual rights by custom, estoppel or otherwise.
Packet Pg.725
- 15 -
2
3
6
3.5.11 No Third-Party Beneficiaries. Except to the extent expressly provided for
in Section 3.5.7, there are no intended third-party beneficiaries of any right or obligation assumed
by the Parties.
3.5.12 Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not
employed nor retained any company or person, other than a bona fide employee working solely
for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. Contractor further
agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic
Interest with the City’s Filing Officer as required under state law in the performance of the
Services. 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 member, 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.
3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one
another and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of this Agreement.
3.5.15 Authority to Enter Agreement. Contractor has all requisite power and
authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party
warrants that the individuals who have signed this Agreement have the legal power, right, and
authority to make this Agreement and bind each respective Party.
3.5.16 Counterparts. This Agreement may be signed in counterparts, each of
which shall constitute an original.
3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the
parties with respect to the subject matter hereof, and supersedes all prior negotiations,
understandings or agreements. This Agreement may only be modified by a writing signed by both
parties.
3.5.18 Electronic Signature. Each Party acknowledges and agrees that this
Agreement may be executed by electronic or digital signature, which shall be considered as an
original signature for all purposes and shall have the same force and effect as an original
signature.
3.5.19 Federal Provisions When funding for the Services is provided, in whole or
in part, by an agency of the federal government, Contractor shall also fully and adequately comply
with the provisions included in Exhibit “D” (Federal Requirements) attached hereto and
incorporated herein by reference (“Federal Requirements”). With respect to any conflict between
such Federal Requirements and the terms of this Agreement and/or the provisions of state law,
the more stringent requirement shall control.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg.726
- 16 -
2
3
6
SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND STREET MEDIANS AND ISLAND LANDSCAPE MAINTENANCE
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date
first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
ROBERT D. FIELD
City Manager
ATTESTED BY:
Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
INLAND EMPIRE LANDSCAPE
MAINTENANCE, INC.
By:
Its:
Printed Name:
By:
Its:
Printed Name:
____________________________________
Contractor’s License Number
____________________________________
DIR Registration Number
Packet Pg.727
- 17 -
EXHIBIT A
SCOPE OF SERVICES
BACKGROUND
The City of San Bernardino has approximately 105 medians, street islands, and other
street-adjacent corridors which require daily landscape and/or general maintenance. Each
median or street island has its own individual identity and maintenance requirements may vary.
Whether collecting litter, weed-abating concrete, rock, or asphalt surfaces, trimming plants,
replacing decorative features to list a few, the demands from each street island or median are
rigorous and require professional and robust maintenance from a vendor with the proper
resources that includes trained staff, sufficient equipment, and a work order management system.
TERMS
For purposes of this scope of services and any related documents, the following terms are
defined:
Contract Manager. The contract manager is defined as the City representative
responsible for administering the contract and ensuring the vendor services agreement
is appropriately followed. This designation is assigned to the Operations and
Maintenance Division Manager of Public Works. The Streets Supervisor is assigned as
the alternate contract manager for non-turf or landscape medians while the Forestry
Supervisor is assigned as the contract manager for all Landscape Maintenance Districts.
Vendor. This refers to the landscape maintenance contractor and any of his or her
assigned representatives.
Median. All areas annotated in the Locations and Photo of Medians attachments are
City property which require maintenance services. Maintenance will vary from site to site,
and it is vital that the vendor review specific frequency and work task requirement as
described in the City of San Bernardino, Medians and Street Islands Landscape
Maintenance Work Tasks and Frequency (See Exhibit B). For purposes of this
documents, all areas will be referred to as medians (regardless of whether they are a
street island or street-adjacent corridor)
Landscape Maintenance Districts (LMDs). Landscape Maintenance Districts are
specially taxed districts in select neighborhoods or other areas of San Bernardino. These
districts typically have a higher standard of maintenance and may include medians,
grassturf (greenbelts), specialized plants/bushes, decorative rocks, and other features. It
is again vital that the vendor review the specific requirements for each LMD and base on
work tasks and maintenance service frequencies. NOTE: LMDs are priced by zone and
specific areas within each zone.
Materials. Industry standards are required for all materials used in the performance of
landscape maintenance at medians. The following table lists replacement materials should the
need arise for replacement or repair. Not all items are necessarily listed for some categories;
however, every effort will be made to use high-grade, industry-standard materials and
parts.
Packet Pg.728
- 18 -
Item Category Remarks
Pipes and fittings Irrigation High-grade, industry standard
Examples: 40 or 80 PVC pipe, approximately 2” for
irrigation lines and approximately 6” for water
mains; however, these sizes may vary.
Nozzles/emitters Irrigation High-grade, industry standard
Examples: Rain Bird Rotor Heads, Orbit Voyager,
Toro Sprinkler Head, Hunter PGP, ETC: however,
nozzles/emitters may vary, please try best to
replace like for like/kind for kind.
Backflow fittings/ valves Irrigation Bronze fitting for replacement
Item Category Remarks
Plants Landscape 1 gallon size for replacement plants that are
non-established.
5-gallon plants for mature, well-established
plants being replaced.
Controller components (to include
motherboards, displays)
Irrigation Must be compatible with existing system; this
repair and/or replacement will be invoiced to the
city as it is not a standard irrigation repair.
Rock/Gravel Landscape Must match existing rock/gravel
Weed Killer Maintenance Prefer Cheetah-Pro, but industry standard weed
killer (as legally sold in California) is allowed.
Please review California Office of Environmental
Health Hazard Assessment for updates in regard
to updates in regard to Weed Killers.
https://oehha.ca.gov/about/home
Ant killer/Insecticide Maintenance Industry standard insecticide as legally solid in
California may be used. Applicable
applicator/operator pesticide licenses required.
Please review this website: www.cdpr.ca.gov...to
effectively use Insecticides in California and for
future updates.
Daily Reporting and Notification. The vendor will be required to notify the contract administrator
(via email) of each day’s starting work location. On a monthly basis, the r will provide a signed
and dated work task/frequency sheet verifying all work performed at all locations. City of San
Packet Pg.729
- 19 -
Bernardino Medians and Street Islands Landscape Maintenance Work Tasks and
Frequency may be used as a template for the monthly work report so long as it is signed and
dated confirming that the work was accomplished.
Hours of Operation. All work will be performed Sundays to Saturday within the hours of 7 a.m.
to 9 p.m. unless otherwise exempted by the Contract Manager.
Customer Service and After-Hours Notification. The vendor is required to have a dedicated
after-hours notification line monitored and answered by an employee that can dispatch crews
should an after-hour emergency or urgent issue occur.
Special Projects. The Contract Administrator and/or vendor will come across areas of
maintenance that may require significant upgrades that are not within the normal scope of the
landscape maintenance vendor services agreement. In such cases, the vendor will advise the
contract administrator of the problem. A quick bid will be released for the desired upgrades and
the awarded vendor can submit a quick bid quote for the upgrades.
Requests from The Public. The vendor is prohibited from taking direct requests from any
residents, park patrons, City staff (not affiliated with the Parks Maintenance Work Section of the
Operations and Maintenance Division), or any other organizations. The vendor will make every
effort to politely inform the requesting individual to contact the Contract Manager or San
Bernardino’s Help Line. Any instance of work performed as a result of a direct request outside of
the Contract Manager will be cause for termination of the vendor services agreement.
Locations and Areas of Maintenance. Please refer to Attachment 1, Locations and Medians
for a full description and illustration of all areas requiring landscape and general maintenance.
Technical Specifications
1. Litter Collection from Grounds. This includes the collection of all litter from the median
or island grounds to include collection from grass turf, landscape beds, decorative rock
beds, stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical
discarded items, such as syringes, used clothing/shoes and is not limited solely to paper-
based wrappings or discarded food packaging. This task will be performed daily by 9am.
Please Note: During wind or other weather events, palms fronds/debris, green waste,
small limbs shall also be picked up from the median/island, however, some flexibility will
be afforded in regard to the daily deadline.
2. Mowing. Mowing will occur on all street medians/islands with lawn (grass turf) regardless
of the condition of the grass turf. Litter shall be collected from grass turf prior to mowing
and must not be shredded with equipment. All care shall be taken to ensure sprinkler
heads are not damaged by equipment. Grass clippings must not be left on-site (either as
a pile or as mower trail clumps). Equipment tracks (on grass turf) will be repaired before
leaving the site for the day. This task will be performed once a week by Friday. This will
only apply to medians/islands with grass turf. The following applies to mowing operations:
a. All turf areas shall be mowed once a week. Winter Schedule (November to
February) shall be reduced to mowing once every two weeks.
b. All missed mowing due to inclement weather will be accomplished no later than 2
after the inclement weather has subsided and/or the ground is no longer
saturated.
Packet Pg.730
- 20 -
3. Edging. In conjunction with mowing, edging will occur on all street median/island edges
(curbs) and any other areas where turf begins. While chemical edging may be used to
expedite this task, any leftover browned-out grass will require manual removal if not
deteriorated in a timely manner. This task will be performed by Friday and will only apply
to medians with grass turf.
4. Median Sweeping/Blowing. All hardscaped medians/islands (those that have rocks or
gravel as a foundation) will either be swept or blown (with power blowers) to remove dirt,
minor debris, gravel, and/or any other items/residue. This task will be performed weekly
by Friday.
5. Plant, Bush, Shrub Trimming. As applicable to medians/islands with landscape
elements, all plants, bushes, shrubs and/or related vegetation will be trimmed every 6
months for aesthetic reasons and to prevent any overgrowth which may become an
obstacle. This will also include the complete removal of any dead leaves, branches/stems
from the plants and the full removal of any dead plants.
6. Fertilization (plants, bushes). As applicable to medians/islands with landscape
elements, bushes, shrubs will occur once every 6 months to ensure plants are
kept as vibrant and as blooming as possible.
7. Weed Abatement. At all medians/islands, weed abatement will be performed in an
effort to fully remove all weeds. This includes weed abatement at medians/islands that
may be zero- scaped, (rock decoration with no plants, concrete/asphalt surfaces, etc.),
but are nevertheless growing weeds. Chemical agents are authorized as allowed by
law. Once weeds begin to die or brown-out, they shall be pulled from the ground
with its root attached. Weeds should also be removed from median/island curbs.
This task will occur weekly be Friday with Flexibility allowed for chemicals to kill weeds
before full uprooting.
8. Irrigation Inspection and Repair. All irrigation at street medians/islands shall be
inspected to ensure everything is in proper working order and not vandalized or
damaged. Any leaks, breaks to irrigation lines and related components will be repaired
by the vendor. Irrigation inspections will occur by 3 p.m. daily. Repairs will be complete
within 24 hours of notification for simple line breaks and nozzle breaks on plant bed
lines. All potential repairs need to be assessed by the project manager before
vendor is authorized to begin repair work. If work is more complex, the project may
need to be stopped safely and secured. A licensed contractor may be required to
complete the repairs. If the leaks fall within the tasks of this agreement, the repair must
be completed no later than 48 hours. Controllers will also be inspected to ensure
proper functionality. Saw cutting of sidewalks or excavation of grounds to repair leaks
will be the responsibility of the vendor, if the saw cuts does not require a licensed
contractor to complete the excavation. Extensive work should be reported to the
Contract Manager to ensure fairness in labor costs related to the work.
9. Backflow Inspection and Repair. If existing, all street median/island backflows shall
be inspected to ensure they are in proper working order and not vandalized or shut off.
Any instance of significant vandalism shall be reported to the Contract Manager prior
to making any repairs, to include missing locks from backflow cages. Backflow
inspections will occur by 9am on a daily basis. Repairs will be complete within 24-48
hours of notification.
Packet Pg.731
- 21 -
10. Landscape Bed Raking. All landscape beds (regardless of the volume of
plants/shrubs) will be raked free of minor yard waste, clippings, litter, etc. All dead
leaves or debris under plants/shrubs shall be raked away to create a clean
appearance. This task will occur every two weeks.
11. Pest Control. Pest control of any pests is required at applicable medians/islands
(those with grass turf or plant elements). This primarily includes ground squirrels but
will also include any other pests and insects. Fire ants will be treated on site using
approved chemical agents. Any invasive insects affecting plants/shrubs will also be
treated by the vendor. This task will occur every two weeks. Please review
https://www.pestboard.ca.gov/pestlaw/pestact.pdf for the latest updates for approved pest
control methods and approved chemicals.
12. Mole Hill Flattening and Re-Filling. At any applicable medians/islands (with grass
turf or plant elements), all mole hills resulting from pests (primarily ground squirrels) will
be flattened and all associated holes will be filled with dirt. Although pest-control will
ideally take care of the issues of mole hills, this task will nonetheless be required in the
interim. This task is required on a daily basis.
13. Minor Tree Trimming. At any applicable median/island with trees, all minor trees in
landscape beds or those creating obstacles to roadways or nearby sidewalks will be
trimmed so as to remove any obstacles to motorists or pedestrians. A 6.5 ft
standard (from the ground) shall be used when removing tree branch/limb obstacles;
however, tree canopies must be shaped to prevent any outgrowth onto the street. This
task will occur monthly but may also
occur upon request.
14. Overseeding. Overseeding will occur on an annual basis for all street islands or
medians that have grass turf. Seed blends (Rye-grass variations) shall be used as
appropriate for the designated greenbelt. As overseeding street medians/islands is
very minimal, some flexibility will be allowed as to the preferred schedule, but it must
occur between October and December. It is important to note that all medians will be
converted to non-grass turf within the next five to six years.
15. Plant Replacement. Any dead plants, whether a result of negligence or vandalism will
be replaced by the vendor. Plant size will be 1 gallon for minor plant-bed plants, and a
minimum of 5-gallon for larger, more-established plants. This task will be completed as
needed.
16. Monument/Signs Power washing. Proper power washing of monuments and signs
will be performed using non-abrasive methods that will not harm the signs or
monuments at all medians that have entry monument signs. All efforts will be made
to prevent any chipping of paints (if any) and alternative methods to clean the
monuments are allowed. This task will occur once a month.
Packet Pg.732
- 22 -
Packet Pg.733
- 23 -
EXHIBIT B
SCHEDULE OF SERVICES FREQUENCY TABLES
FREQUENCY TABLE A1: TRADITIONAL SITES LANDSCAPE MAINTENANCE WORK TASKS
Packet Pg.734
- 24 -
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M
2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N
3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 aerification/overseeding E every two weeks Q
6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th)R
7 fertilization (plants, bushes)19 plant replacement G annually S
8 weed abatement 20 doggie bag replacement H every 6 months T
9 playground inspection 21 ballfield fence edging I daily by 3pm U
10 irrigation inspection/repair 22 ballfield fence vines/weed removal J daily by 12 noon V
11 backflow inspection 23 courts power washing (tennis, etc.)K as needed W
12 landscape bed raking 24 monument/signs power washing L every 3 months X
Work Task Codes (see legends below for task and frequency) (Example: 1A = litter collection from turf
daily by 9am)
Contracted Site Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
1. Highland & Piedmont J D H G E I I E K D H G K
2. 23rd & Valencia N/B Extends to 30th J H G E I I E K D H K
3. 30th & Parkside W/B J D E
4. 30th & Waterman N/B J D E
5. 30th & Mt. View S/B J D E
6. 30th & Mt. View N/B Extends to Parkdale J H G E I I E K D H K
7. Highland & Muscupiabe Extends to Colima J H G E I I E K D H K
8. Baseline & Windsor N/B Extends to Gilbert J H G E I I E K D H K
9. Hospitality & Waterman S/B J D H G E I I E K D H G K
10. Hospitality & Waterman N/B J D H G E I I E K D H G K
11. Vanderbilt & Waterman N/B Extends to Orange
Show Road
J D H G E I I E K D H G K
12. Orange Show Road & Waterman N/B E/B W/B J D H G E I I E K D H G K
13. Central & Waterman N/B Extends to Mill J D E
14. Orange Show Road & Arrowhead E/B Extends to
Waterman
J D H G E I I E K D H G K
15. Inland Center Drive & G Street W/B J D H G E I I E K D H G K
16. Inland Center Drive & G Street E/B J D H G E I I E K D H G K
17. Inland Center Drive & I Street W/B J D E
18. 789 Mt. Vernon N/B J D H G E I I E K D H G K
19. Mill & G Street N/B J H G E I I E K D H K
20. 797 W 2nd Street E/B Extends to E Street J D H G E I I E K D H G K
21. 320 N E Street S/B J H G E I I E K D H H K
22. 2nd & E Street E/B J H G E I I E K D H H G K
23. 23rd & Mt. View N/B J H G E I I E K D H H K
24. 30th & Muscupiabe N/B Extends to Marshall J H G E I I E K D H H K
Packet Pg.735
- 25 -
FREQUENCY TABLE A2: STREET MEDIANS AND ISLANDS (MINIMAL FEATURES) LANDSCAPE MAINTENANCE WORK
TASKS
Work Task Codes (see legends below for task and frequency) (Example: 1A = litter collection from turf
daily by 9am)
Contracted Site Name 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
1. 40th & Electric A D E
2. 40th & Electric S/B Extends to Parkdale A D H E I I E K D K K
3. 4985 Sierra Way A D E
4. Eureka & Mountain Extends to Del Rosa A H E I I E K D K K
Packet Pg.736
- 26 -
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M
2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N
5. Lynwood & Victoria W/B (not active) A E
6. Lynwood & Victoria S/B (not active)A E
7. Citrus & Victoria S/B (not active)A E
8. Mirada & Victoria S/B Extends (not active) A E
9. Highland & Patton Hospital A D E
10. Highland & Arden 210 overpass W/B A D E
11. Highland & Sterling E/B W/B A D E
12. Date & Sterling N/B A D E
13. Date & Del Rosa N/B A D E
14. 30th & Parkside W/B A D E
15. 30th & Waterman N/B A D E
16. Colima & H St S/B A D E
17. Highland & 215 overpass W/B A D E
18. 21st & Mt. Vernon A D E
19. Highland & California 210 overpass E/B A D E
20. Baseline & Del Rosa E/B W/B A D E
21. 9TH & Tippecanoe E/B W/B N/B S/B A D E
22. Redlands Blvd & Anderson W/B A D E E K K
23. Redlands Blvd & Gardena W/B A E E K K
24. Redlands Blvd & Waterman W/B A E
25. Redlands Blvd & Club Center Dr S/B A D E
26. Caroline & Waterman S/B A D E
27. 10 Fwy overpass & Waterman N/B A D E
28. Mill & Waterman N/B A D E
29. Mill & Waterman E/B W/B A D E
30. 996 Hospitality E/B A D K E I I E K D
31. 996 Hospitality W/B A D E
32. 862 Hospitality W/B A D K E I I E K D K K
33. Carnegie & Hospitality W/B A D K E I I E K D K K
34. Harriman & Hospitality W/B A D K E I I E K D K K
35. 620 Hospitality W/B A D K E I I E K D K K
36. 420 Hospitality W/B A D K E I I E K D K K
37. 275 Hospitality W/B A D K E I I E K D K K
38. Commercial & Hunts Ln A D E
39. Show Case North & Auto Plaza E/B A D K E I I E K D K K
40. Show Case South & Auto Plaza E/B A K E I I E K D K K
41. Rialto & I St E/B W/B A E
42. Rialto & I St N/B A E
43. 3rd & K St W/B A D K E
44. 2nd & Mt Vernon N/B E/B A D K E
45. Hallmark Parkway & University W/B A D K E
46. Palmyra & Lugo A E I I E K D K K
47. 30th & Broadmoor Extends to Parkdale A E I I E K D K K
Packet Pg.737
- 27 -
3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week (m-w-f)P
5 sidewalk sweeping/blowing 17 aerification/overseeding E every two weeks Q
6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th)R
7 fertilization (plants, bushes)19 plant replacement G annually S
8 weed abatement 20 doggie bag replacement H every 6 months T
9 playground inspection 21 ballfield fence edging I daily by 3pm U
10 irrigation inspection/repair 22 ballfield fence vines/weed removal J daily by 12 noon V
11 backflow inspection 23 courts power washing (tennis, etc.)K as needed W
12 landscape bed raking 24 monument/signs washing L every 3 months X
FREQUENCY TABLE A3: LMD GREENBELTS LANDSCAPE MAINTENANCE WORK TASKS (NEW ZONES)
Work Task Codes (see legends below for task and frequency) (Example: 1A = litter collection from turf
Packet Pg.738
- 28 -
daily by 9am)
LMD and assessment district # 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
1. PINE & BELMONT (begin zone A) AD976 A B D H H E I I B K D K G K
2. VERDEMONT & OLIVE AD991 A D H H E I I B K D K K
3. IRVINGTON & CHESTNUT AD997 A D H H E I I B K D K K
4. PINE & KENDALL AD1017 A B D H H E I I B K D K G K
5. PALM & WASHINGTON AD1025 A D H H E I I B K D K K
6. OLIVE & OHIO AD1028 A D H H E I I B K D K K
7. OHIO & MAGNOLIA AD1030 A D H H E I I B K D K K
8. IRVINGTON & OLIVE AD1028; 1030; 1031 A B D H H E I I B K D K G K
9. VERDEMONT & PALM AD1032 A D H H E I I B K D K K
10. PALM & OHIO AD1035-Z1 A D H H E I I B K D K K
11. PALM & AKRON AD1035-Z2 A D H H E I I B K D K K
12. BELMONT & MAGNOLIA AD1037 A B D H H E I I B K D K G K
13. BELMONT & MAGNOLIA AD1039 A D H H E I I B K D K K
14. MAGNOLIA & OHIO AD1041 A D H H E I I B K D K I K
15. PALM & IRVINGTON AD1043-Z1 A D H H E I I B K D K K
16. IRVINGTON & OLIVE AD1043-Z2 A D H H E I I B K D K K
17. OHIO & PINE AD1047 A D H H E I I B K D K K
18. BELMONT & OHIO AD1052 A D H H E I I B K D K K
19. PINE & OHIO AD1055 A B D H H E I I B K D K G K
20. OHIO & CHESTNUT AD1049 A D H H E I I B K D K K
21. OLIVE & BELMONT AD 1051 A D H H E I I B K D K K
22. WAGONWHEEL (begin zone B) AD951 A B B D H H E I I B K D K G K
23. KENDALL & BUCKBOARD AD951-Z2 A B B D H H E I I B K D K G K
24. STATE UNIVERSITY AREA AD952-Z1 A B B D H H E I I B K D K G K
25. STATE UNIVERSITY AREA AD952-Z2 A B B D H H E I I B K D K G K
26. STATE UNIVERSITY AREA AD952-Z2A A B B D H H E I I B K D K G K
27. STATE UNIVERSITY AREA AD952-Z3 A B B D H H E I I B K D K G K
28. NORTH “H” STREET AD1002 A D H H E I I B K D K K
29. NORTHPARK & MOUNTAIN AD1019 A D H H E I I B K D K K
30. ACACIA & HILL AD1040 A B B D H H E I I B K D K G K
31. NORTHPARK & NORTHSTAR AD1046 A D H H E I I B K D K K
32. SHANDIN HILLS AREA (begin zone C) AD959-ZJ A B B D H H E I I B K D K G K
33. SHANDIN HILLS & SHADY CREEK AD1042 A B B D H H E I I B K D K G K
34. PIEDMONT & CITRUS (begin zone D) AD982 A D H H E I I B K D K K
35. CHIQUITA & DATE AD1060 A B B D H H E I I B K D K G K
36. CAJON & JUNE (begin zone E) AD993 A B B D H H E I I B K D K G K
37. CAJON & PEPPER LINDEN AD1005 A B B D H H E I I B K D K G K
38. CAJON & UNIVERSITY PKWY AD1057 A D H H E I I B K D K K
39. CAJON & GLEN HELEN (end zone E ) AD1064 A D H H E I I B K D K K
40. 16TH & MEDICAL CENTER AD953 A B B D H H E I I B K D K G K
41. CALIFORNIA & 16th (end zone F) AD1029 A B B D H H E I I B K D K G K
42. NORTHPARK & CAMPUS WAY AD1036 A B B D H H E I I B K D K G K
43. CAMPUS PARKWAY & VALLES AD1054 A D H H E I I B K D K K
NEW ZONES ADDED 4.13.22
Packet Pg.739
- 29 -
Work Task Code Work Task Frequency
1 litter collection from turf 13 pest control A daily by 9am M
2 litter collection from cans 14 mole hill flattening / hole fill B weekly by Friday N
3 mowing 15 minor tree trimming C every two days O
4 edging 16 lock/gates inspection D 3x a week P
5 sidewalk sweeping/blowing 17 aerification/overseeding E every two weeks Q
6 plant/bush/shrub trimming 18 bench/picnic table power washing F monthly (by 30th)R
7 fertilization (plants, bushes)19 plant replacement G annually S
8 weed abatement 20 doggie bag replacement H every 6 months T
9 playground inspection 21 ballfield fence edging I daily by 3pm U
10 irrigation inspection/repair 22 ballfield fence vines/weed removal J daily by 12 noon V
11 backflow inspection 23 courts power washing (tennis, etc.)K as needed W
12 landscape bed raking 24 monument/signs washing L every 3 months X
44. RIALTO/PEPPER/EUCALYPTUS (BEGIN ZONE G) AD974 A B B D H H E I I B K D K G K
45. MILL ST WEST OF PEPPER AD 975 B B D H H E I I B K D K G K
46. EAST SIDE OF MERIDIAN, RANDALL AD981 B B D H H E I I B K D K G K
47. SOUTH SIDE OF RIALTO, MACY AD986 A B B D H H E I I B K D K G K
48. SOUTH SIDE OF MILL/RAILROAD AD989 B B D H H E I I B K D K G K
49. BIRCH ST EDISON EASEMENT AREA AD1001 A B B D E I I K D G K
50. PEPPER/MERIDIAN CORRIDOR AD1007 D H H E I I B K D K G K
51. POPLAR, MILL, BURNEY CORRIDOR AD1012 D H H E I I B K D K G K
52. MILL AT DALLAS AVE AD1020 D H H E I I B K D K G K
53. WEST SIDE PEPPER, RIALTO, PAJA AD1050 D H H E I I B K D K G K
54. NORTH SIDE RANDALL, ECLPTUS AD1048 D H H E I I B K D K G K
END ZONE G – BEGIN ZONE H
55. AREA EAST OF GAGE, HARRIMAN AD956 A B B D H H E I I B K D K G K
56. AIRPORT DRIVE MEDIAN AD968 A B B E I I G K
57. NS OF COULSTON, ROSENA AD1016 D H H E I I B K D K G K
58. SOUTH OF COULSTON AT ELM AD1023 D H H E I I B K D K G K
59. WATERMAN AT COMMERCIAL AD1027 D H H E I I B K D K G K
60. EAST SIDE OF WATERMAN AD1045 A A B B D H H E I I B K D K G K
61. ORANGE SHOW MEDIAN AD1059 H H E I I B K D K G K
62. ORANGE SHOW ROAD NS AD1038 D H H E I I B K D K G K
END ZONE H BEGIN ZONE I
63. EAST SIDE OF INLAND CENTER AD1024 D H H E I I B K D K G K
END ZONE I BEGIN ZONE J
64. TIPPECANOE; 3RD/H. SHEPPARD AD1022Z1 A B B D H H E I I B K D K G K
65. TIPPECANOE; MILL/H. SHEPPARD AD1022Z2 A B B D H H E I I B K D K G K
66. MILL WEST OF TIPPECANOE AD1022Z3 D H H E I I B K D K G K
67. CENTRAL AVE/MT. VIEW AD1068 D H H E I I B K D K G K
68. LENA RD SOUTH OF CENTRAL AD1063 D H H E I I B K D K G K
Packet Pg.740
- 30 -
EXHIBIT C
COMPENSATION
ADDITIONAL WORK PRICE SHEET
Hourly labor
Foreman $45.00 per hour
Irrigation Technician $40.00 per hour
Laborer $35.00 per hour
PLANT MATERIAL:
DESCRIPTION PRICE UNIT OF MEASURE
24” Box Tree with Double Stakes $300.00 EACH
15-gallon tree with double stakes $115.00 each
15-gallon shrubs $80.00 each
5-gallon shrubs $28.00 each
1-gallon shrubs $15.00 each
1 flatt of ground cover $30.00 each
seeded turf $0.20 sf
sodded turf $15.00 sf
hydroseed $0.95 sf
soil preparation (existing areas)$1.00 sf
soil preparation (new area)$2.25 sf
would mulch $55.00 per yard
annual color (4” containers)$4.00 each
TURF MAINTENANCE (ALL TURF AREAS):
DESCRIPTION PRICE UNIT OF MEASURE
Mowing $0.03 sf
Edging $0.01 lf
String trimming $0.01 lf
Aerification $0.15 sf
Weed removal (manual)$35.00 per man hour
Pest control (manual)$35.00 per man hour
Fertilization (placement only)$0.010 sf
LANDSCAPE MAINTENANCE (NON-TURF AREAS):
DESCRIPTION PRICE UNIT OF MEASURE
Edging (ground cover)$0.01 lf
Trimming (shrubs, ground cover)$0.05 sf
Pruning shrubs, vines, roses $0.15 sf
Pruning trees $35.00 each
Weed removal (manual)$35.00 per man hour
Pest control (manual)$35.00 per man hour
Vegetation removal $30.50 sf
Packet Pg.741
- 31 -
EQUIPMENT AND VEHICLES:
DESCRIPTION PRICE UNIT OF MEASURE
Jacobsen 12ft mower $5.00 per hour
Exmark mower 72”$2.15 per hour
Exmark mower 48”$1.00 per hour
Honda walk behind 21”$0.55 per hour
Power edger $0.30 per hour
Backpack blower $0.40 per hour
Power weedeater $0.30 per hour
Power trimmer $0.20 per hour
Power pressure washer $1.00 per hour
TRADITIONAL SITES
LOCATION MONTHLY COST ANNUAL COST
Highland & Piedmont $1,229.80 $14,757.60
23rd & Valencia N/B Extends to 30th $2,482.13 $29,785.53
30th & Parkside W/B $305.50 $3,666.00
30th & Waterman N/B $273.00 $3,276.00
30th & Mt. View S/B $1,765.54 $21,174.50
30th & Mt. View N/B Extends to Parkdale $2,206.24 $26,474.92
Highland & Muscupiabe Extends to Colima $4,164.27 $49.971.25
Baseline & Windsor N/B Extend to Gilbert $1,216.66 $14,599.96
Hospitality & Waterman S/B $208.65 $2,503.80
Hospitality & Waterman N/B $822.29 $9,867.47
Vanderbilt & Waterman N/B Extends to Orange Show
Road
$1,513.32 $18,159.90
Orange Show Road & Waterman N/B E/B W/B $1,832.18 $21,986.14
Central & Waterman N/B Extends to Mill $1,072.50 $12,870.00
Orange Show Road & Arrowhead E/B Extends to
Waterman
$1,072.50 $12,870.00
Inland Center Drive & G Street W/B $292.50 $3,510.00
Inland Center Drive & G Street E/B $487.50 $5,850.00
Inland Center Drive & I Street W/B $227.50 $2,730.00
789 Mt. Vernon N/B $162.50 $1,950.00
Mill & G Street N/B $123.50 $1,482.00
797 W 2nd E/B Extends to E Street $715.00 $8,580.00
320 N E Street S/B $1,551.11 $18,613.30
2nd & E Street E/B $125.66 $1,507.96
23rd & Mt. View N/B $783.79 $9,405.45
30th and Muscupiabe N/B Extends to Marshall $3,211.00 $38,532.00
Totals $27,843.65 $334,123.78
Annual Cost $334,123.78
Packet Pg.742
32
MEDIANS AND STREET ISLANDS WITH MINIMAL FEATURES (CONCRETE/ASPHALT
SURFACES/OTHER)
LOCATION MONTHLY COST ANNUAL COST
40TH & Electric N/B
40th & Electric S/B Extends to Parkdale $425.00 $5,100.00
4985 Sierra Way
Eureka & Mountain Extends to Del Rosa
Lynwood & Victoria W/B
Lynwood & Victoria S/B
Citrus & Victoria S/B
Mirada & Victoria S/B Extends to Highland
Highland & Patton Hospital
Highland & Arden 210 overpass W/B
Highland & Sterling E/B W/B
Date & Sterling N/B
Date & Del Rosa N/B
Baseline & Del Rosa E/B W/B
$1,742.69 $20,912.28
30th & Parkside W/B
30th & Waterman N/B
Colima & H St S/B
Highland & 215 overpass W/B
Highland & California 210 overpass E/B
21st & Mt. Vernon
$1,025.00 $12,300
Redlands Blvd & Anderson W/B
Redlands Blvd & Gardena W/B
Redlands Blvd & Waterman W/B
Redlands Blvd & Club Center Dr S/B
$625.00 $7,500.00
Caroline & Waterman S/B
10 Fwy overpass & Waterman N/B
Mill & Waterman N/B
Mill & Waterman E/B W/B
Commercial & Hunts Ln
$575.00 $6,900.00
Waterman and Orange N/B
Waterman and Central S/B
Waterman and Hospitality N/B
$175.00 $2,100.00
996 Hospitality E/B
996 Hospitality W/B
862 Hospitality W/B
Carnegie & Hospitality W/B
Harriman & Hospitality W/B
620 Hospitality W/B
420 Hospitality W/B
275 Hospitality W/B
$1,050.00 $2,100.00
Show Case North & Auto Plaza E/B
Show Case South & Auto Plaza E/B $350.00 $4,200.00
Rialto & I St E/B W/B
Rialto & I St N/B $375.00 $4,500.00
Packet Pg.743
33
3rd & K St. W/B
2nd & Mt. Vernon N/B E/B
Hallmark Parkway & University W/B
Palmyra & Lugo $185.00 $2,200.00
30th & Broadmoor Extends to Parkdale $1,400.00 $16,800.00
9th & Tippecanoe E/B W/B N/B S/B $225.00 $2,700.00
Totals $8,152.69 $97,832.28
Annual Cost $97,832.28
LANDSCAPE MAINTENANCE DISTRICT (LMD) (FULL FEATURES TO INCLUDE
GREENBELTS, TREES, PLANTS/SHRUBS)
LOCATION MONTHLY COST ANNUAL COST
ZONE A
Pine & Belmont (begin Zone A) AD976
Verdemont & Olive AD991
Irvington & Chestnut AD997
Pine & Kendall AD1017
Palm & Washington AD1025
Olive & Ohio AD1028
Irvington & Olive AD1028, 1030, 1031
Verdemont & Palm AD1032
Palm & Ohio AD1035-Z1
Palm & Akron AD1035-Z2
Belmont & Magnolia AD1037
Belmont & Magnolia AD1039
Magnolia & Ohio AD1041
Palm & Irvington AD1043-Z1
Irvington & Olive AD1043-Z2
Ohio & Pine AD1047
Belmont & Ohio AD1052
Pine & Ohio AD1055
- Ohio & Chestnut AD1049
- Olive and Belmont AD1051
$13,310.93 $159,731.21
ZONE B
Wagonwheel (begin zone B) AD951
Kendall & Buckboard AD951-Z2
State University Area AD952-Z1
State University Area AD952-Z2
State University Area AD952-Z2A
North “H” Street AD1002
Northpark & Mountain AD1019
Acacia & Hill AD1040
Northpark & Northstar (end zone B) AD1046
$9,508.37 $114,100.43
ZONE C
Shandin Hills Area (begin zone C) AD959-Z1
Shandin Hills & Shady Creek AD1042 $7,221.50 $86,658.00
Packet Pg.744
34
End Zone C
ZONE D
Piedmont & Citrus (begin zone D) AD982
Chiquita & Date (end zone D) AD1060 $906.96 $10,883.50
ZONE E
Cajon & June (begin zone E) AD993
Cajon & Pepper Linden AD1005
Cajon & University Pkwy AD1057
Cajon & Glen Helen (end zone E) AD1064
$8,718.88 $104.626.55
ZONE F
16th and Medical Center AD953
California and 16th Street AD1029 $770.02 $9,240.19
ZONE K
Northpark and Campus Way AD1036
Campus Parkway and Valles AD1054 $9,126.00 $109,512.00
ZONE G
Rialto/Pepper/Eucalyptus AD974
Mill St West Pepper AD975
East Side of Meridian from Randall & Mill AD981
South Side of Rialto East and West of Macy St AD986
South Side of Birth –East Easement Area AD1001
East Side of Pepper/East Side of Meridian AD1007
Poplar, Mill, Burney Corridor AD1012
Southside of Mill at Dallas Ave AD1020
West Side of Pepper, South Side Rialto, Paja Dr AD1050
North Side of Randall & West Side Eucalyptus AD1048
$2,405.00 $28,860.00
ZONE H
Area East of Gage Canal; Harriman, Hospitality, Brier
Corridor AD956
Airport Drive Median Strip Between Commercecenter East
and West AD968
North Side of Coulston St At Rosena, Curtis AD1016
South Side of Coulston Ave At Elm; Richardson AD1023
Waterman and Commercial Road Corridor AD1027
East Side of Waterman Ave AD1045
Orange Show Medians up to Tippecanoe AD1059
Northside of Orange Show Corridor AD1038
$3,425.00 $41,100.00
ZONE I
Easterly Side of Inland Center, Riverwalk Drive Corridor
AD1024 $195.00 $2,340.00
ZONE J
Tippecanoe Ave Between 3rd and Harry Sheppard, Del
Rosa Corridor AD1022-Z1
Tippecanoe Ave Between Harry Sheppard Mill St, Timber
Creek Corridor AD1022-Z2
Mill St West of Tippecanoe AD1022-Z3
Lena Road and Central Ave Corridor AD1063
Central Ave and Mountain View Corridor AD1068
$3,280.00 $39,360.00
Packet Pg.745
35
Totals $58,867.66 $706,411.87
Annual Cost $706,411.87
Total Annual Cost for All Areas: $1,138,367.98
Packet Pg.746
Street Medians and Islands Landscape Maintenance -36-
Performance Bond
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir
Tower, 290 North D Street, San Bernardino, California 92401, (hereinafter referred to as the
“City”) has awarded to _________________________, (hereinafter referred to as the
“Contractor”) an agreement for Contract No._________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof
and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and
________________________________________________ as Surety, a corporation organized
and duly authorized to transact business under the laws of the State of California, are held and
firmly bound unto the City in the sum of ___________________________ DOLLARS,
($____________), said sum being not less than one hundred percent (100%) of the total amount
of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors and assigns, jointly and severally, firmly by these
presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs,
executors, administrators, successors or assigns, shall in all things stand to and abide by, and
well and truly keep and perform the covenants, conditions and agreements in the Contract
Documents and any alteration thereof made as therein provided, on its part, to be kept and
performed at the time and in the manner therein specified, and in all respects according to their
intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee
of all materials and workmanship; and shall indemnify and save harmless the City, its officials,
officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then
this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore,
there shall be included costs and reasonable expenses and fees including reasonable attorney’s
fees, incurred by the City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless
otherwise provided for in the Contract Documents, the above obligation shall hold good for a
period of one (1) year after the acceptance of the work by the City, during which time if Contractor
shall fail to make full, complete, and satisfactory repair and replacements and totally protect the
City from loss or damage resulting from or caused by defective materials or faulty workmanship.
The obligations of Surety hereunder shall continue so long as any obligation of Contractor
remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under
the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section
337.15.
Packet Pg.747
Street Medians and Islands Landscape Maintenance -37-
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract
Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall
promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in
the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and
conditions in the Contract Documents and upon determination by Surety of the
lowest responsive and responsible bidder, arrange for a Contract between such
bidder, the Surety and the City, and make available as work progresses sufficient
funds to pay the cost of completion of the Project, less the balance of the contract
price, including other costs and damages for which Surety may be liable. The term
“balance of the contract price” as used in this paragraph shall mean the total
amount payable to Contractor by the City under the Contract and any modification
thereto, less any amount previously paid by the City to the Contractor and any
other set offs pursuant to the Contract Documents.
iii. Permit the City to complete the Project in any manner consistent with California
law and make available as work progresses sufficient funds to pay the cost of
completion of the Project, less the balance of the contract price, including other
costs and damages for which Surety may be liable. The term “balance of the
contract price” as used in this paragraph shall mean the total amount payable to
Contractor by the City under the Contract and any modification thereto, less any
amount previously paid by the City to the Contractor and any other set offs
pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be
proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from
Contractor for completion of the Project if the City, when declaring the Contractor in default,
notifies Surety of the City’s objection to Contractor’s further participation in the completion of the
Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract Documents or to the Project to be performed
thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of
any such change, extension of time, alteration or addition to the terms of the Contract Documents
or to the Project.
[REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
Packet Pg.748
Street Medians and Islands Landscape Maintenance -38-
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20___.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium
charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________
___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________
Representative for service of ___________________________________________
process in California, if different ___________________________________________
from above)
(Telephone number of Surety ___________________________________________
and Agent or Representative for
service of process in California)
Packet Pg.749
Street Medians and Islands Landscape Maintenance -39-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, 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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s)Title or Type of Document
Partner(s)Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Packet Pg.750
Street Medians and Islands Landscape Maintenance -40-
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, 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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s)Title or Type of Document
Partner(s)Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to
local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
Packet Pg.751
Payment Bond (Labor and Materials).
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the CITY OF SAN BERNARDINO , with its principal place of business at Vanir Tower,
290 North D Street, San Bernardino, California 92401 (hereinafter designated as the “City”), by
action taken or a resolution passed ___________________ , 20_____, has awarded to
________________________ hereinafter designated as the “Principal,” a contract for the work
described as follows: Contract No.____________ (the “Project”); and
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the
Contract Documents for the Project dated ________________, (hereinafter referred to as
“Contract Documents”), the terms and conditions of which are expressly incorporated herein by
reference; and
WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing
that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions,
provender, equipment, or other supplies used in, upon, for or about the performance of the work
contracted to be done, or for any work or labor done thereon of any kind, or for amounts due
under the Unemployment Insurance Code or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department from the wages of employees of said
Principal and its Subcontractors with respect to such work or labor the Surety on this bond will
pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held
and firmly bound unto the City in the penal sum of ______________ Dollars ($___________)
lawful money of the United States of America, for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors,
heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named
in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in,
upon, for or about the performance of the work contracted to be done, or for any work or labor
thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to
work or labor performed under the contract, or for any amounts required to be deducted, withheld,
and paid over to the Employment Development Department or Franchise Tax Board from the
wages of employees of the contractor and his subcontractors pursuant to Revenue and Taxation
Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the
same, in an amount not exceeding the sum herein above specified, and also, in case suit is
brought upon this bond, all litigation expenses incurred by the City in such suit, including
reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as
to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released
from the obligation of this bond by any change, extension of time for performance, addition,
alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining
or relating to any scheme or work of improvement herein above described, or pertaining or relating
to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of
Packet Pg.752
any terms of payment or extension of the time for any payment pertaining or relating to any
scheme or work of improvement herein above described, nor by any rescission or attempted
rescission or attempted rescission of the contract, agreement or bond, nor by any conditions
precedent or subsequent in the bond attempting to limit the right of recovery of claimants
otherwise entitled to recover under any such contract or agreement or under the bond, nor by any
fraud practiced by any person other than the claimant seeking to recover on the bond and that
this bond be construed most strongly against the Surety and in favor of all persons for whose
benefit such bond is given, and under no circumstances shall Surety be released from liability to
those for whose benefit such bond has been given, by reason of any breach of contract between
the owner or the City and original contractor or on the part of any obligee named in such bond,
but the sole conditions of recovery shall be that claimant is a person described in Civil Code
Section 9100, and has not been paid the full amount of his claim.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time,
alteration or addition to the terms of the Contract to be performed thereunder, shall in any way
affect its obligations on this bond, and it does hereby waive notice of any such change, extension
of time, alteration or addition to the terms of Contract, including but not limited to, the provisions
of Sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of
______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
Packet Pg.753
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, 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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s)Title or Type of Document
Partner(s)Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
Packet Pg.754
Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, 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.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER
Individual
DESCRIPTION OF ATTACHED DOCUMENT
Corporate Officer
Title(s)Title or Type of Document
Partner(s)Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local
representatives of the bonding company must also be attached.
END OF PAYMENT BOND
Packet Pg.755
Resolution No. 2022-175
Resolution 2022-175
August 3, 2022
Page 1 of 3
5
6
8
RESOLUTION NO. 2022-175
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING
THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES
TO AMEND THE FISCAL YEAR 2022/23 GENERAL FUND
OPERATING BUDGET REVENUE AND EXPENDITURES BY
$241,956 FOR LANDSCAPE MAINTENANCE AT STREET
MEDIANS, ISLANDS, AND LMDs.
WHEREAS, the City of San Bernardino values keeping City street medians, street islands
and LMDs beautiful and clean; and
WHEREAS, the City is supportive of all efforts to encourage investment in our
neighborhoods and economic corridors; and
WHEREAS, the City recognizes that keeping our City beautiful and clean will encourage
economic investment and promote safer communities.
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. Mayor and City Council hereby authorize the Agency Director of
Administrative Services to amend the FY 2022/23 General Fund Operating Budget revenue and
expenditure by $241,956 for landscape maintenance at City street medians, islands, and landscape
maintenance districts (LMDs).
SECTION 3.The Mayor and City Council find this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
Packet Pg.756
Resolution No. 2022-175
Resolution 2022-175
August 3, 2022
Page 2 of 3
5
6
8
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.757
Resolution No. 2022-175
Resolution 2022-175
August 3, 2022
Page 3 of 3
5
6
8
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. 2022-175, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ___ 2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.758
Packet Pg.759
Packet Pg.760
Packet Pg.761
Packet Pg.762
Packet Pg.763
Packet Pg.764
Packet Pg.765
Packet Pg.766
Packet Pg.767
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 1 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.768
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 2 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.769
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 3 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.770
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 4 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.771
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 5 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.772
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 6 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.773
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 7 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.774
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 8 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.775
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 9 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.776
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 10 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.777
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 11 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.778
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 12 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.779
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 13 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.780
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 14 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.781
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 15 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.782
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 16 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.783
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 17 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.784
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 18 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.785
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 19 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.786
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 20 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.787
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 21 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.788
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 22 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.789
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 23 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.790
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 24 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.791
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 25 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.792
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 26 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.793
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 27 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.794
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 28 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.795
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 29 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.796
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 30 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.797
City of San Bernardino
Street Medians & Island Landscape Maintenance (RFP F-22-50), bidding on 05/03/2022 3:00 PM (PDT)
Page 31 of 31
Printed 06/13/2022
PlanetBids, Inc.
Packet Pg.798
Packet Pg.799
Packet Pg.800
Packet Pg.801
Packet Pg.802
Packet Pg.803
Packet Pg.804
Packet Pg.805
Packet Pg.806
Packet Pg.807
Packet Pg.808
Packet Pg.809
Packet Pg.810
Packet Pg.811
Packet Pg.812
Packet Pg.813
Packet Pg.814
Packet Pg.815
Packet Pg.816
Packet Pg.817
Packet Pg.818
Packet Pg.819
Packet Pg.820
Packet Pg.821
5/2/2022
City of San Bernardino
RFP#F-22-50:
Street Medians and Islands
Landscape Maintenance
By: Joel Ibarra
Inland Empire Landscape, Inc.
Packet Pg.822
Table of Contents:
Page Title: Page Number:
Cover Letter
Executive Summary
Identification of Respondent
Staffing Resources
Fiscal Stability
Experience and Technical Competence
Proposed Method to Accomplish the Work
Fee Proposal
Evidence of Insurance
Litigation
Other Information
Certification of Proposal
Appendices
Company Certifications
3
4 -10
11
12- 15
16- 27
28- 33
34- 36
37- 44
45-46
47
48
49
50-51
52- 67
Packet Pg.823
3PacketPg.824
Executive Summary
Proposal Summary:
As required by the city we feel that these areas need high quality detailing do to the visibility of public
right away. Inland Empire Landscape, Inc. will assign full time employees to work daily at Street
Medians, Islands, and LMD’S. Crew leaders will be assigned to complete all work tasks as indicated on
(Exhibit A) which are but not limited to: litter removal from grounds, mowing, edging, median sweeping/
blowing, plant/bush/shrub trimming, fertilize plant and bushes, weed abatement, irrigation inspection/
repairs, backflow inspections/repairs, landscape bed raking, pest control, mole hill flattening and re-
filling, minor tree trimming, overseeding, plant replacement, and Monument/signs power washing. All
crew leaders will be responsible to follow each parks frequency schedule per City requirements.
Supervisor will visit jobsites as frequently as specified on RFP and updates are notified to designated city
staff daily.
Supervisor will be responsible for visiting and assisting daily tasks. His focus is to verify that all crews
are following direction on job sites to greatest standards. Supervisor will be available Monday through
Friday and 24/7 for emergency calls that might arise.
Irrigation Technicians, Foremen, Laborers, and Pesticide Technicians will be at job site on a Weekly basis
as specified on this RFP. Their work tasks are to be perform for this RFP as indicated on Bid Schedule
A1, Bid Schedule A2, and Bid Schedule A3.
Irrigation Technicians will be visiting all areas daily to inspect that all irrigation systems are working
properly, not vandalized and or damaged. Any damages for example: leaks, irrigation line breaks, and
other items will be repaired within 24 hours of notification. They are scheduled to daily inspect all
irrigation systems by 3:00pm. Irrigation technicians are responsible to inspect backflow devices on daily
basis by 9am. All backflow device repairs will be scheduled and completed within a 24-48 hour of
notification. They will be responsible to program irrigation controllers, remote controls, valves, gate
valves, backflow devices, main/lateral lines, sprinklers (heads, nozzles, emitters), moisture sensor
devices, and implement proper water management programs.
Street Medians and Islands Landscape Maintenance
1-Full Time Area Supervisor Monday through Friday
2-Full Time Irrigation Technicians Monday through Friday
5- Full Time Crews of 3 M-F Monday through Friday
1-Full Time Crew of 2 Monday through Friday
1-Full Time Pesticide Technician
(Gopher Abatement, etc..)
Monday through Friday
Total Hours per month: 3,165 Hours per Month
*Subject to change upon award*
4PacketPg.825
EXHIBIT A
PROPOSED SCOPE OF SERVICES
BACKGROUND
The City of San Bernardino has approximately 105 medians, street islands, and other street-
adjacent corridors which require daily landscape and/or general maintenance. Each median or
street island has its own individual identity and maintenance requirements may vary. Whether
collecting litter, weed-abating concrete, rock, or asphalt surfaces, trimming plants, replacing
decorative features to list a few, the demands from each street island or median are rigorous
and require professional and robust maintenance from a vendor with the proper resources that
includes trained staff, sufficient equipment, and a work order management system.
TERMS
For purposes of this scope of services and any related documents, the following terms are
defined:
• Contract Manager. The contract manager is defined as the City representative
responsible for administering the contract and ensuring the vendor services agreement
is appropriately followed. This designation is assigned to the Operations and
Maintenance Division Manager of Public Works. The Streets Supervisor is assigned as
the alternate contract manager for non-turf or landscape medians while the Forestry
Supervisor is assigned as the contract manager for all Landscape Maintenance Districts.
• Vendor. This refers to the landscape maintenance contractor and any of his or her
assigned representatives.
• Median. All areas annotated in the Locations and Photo of Medians attachments are
City property which require maintenance services. Maintenance will vary from site to
site and it is vital that the vendor review specific frequency and work task requirement as
described in Bid Schedule A. City of San Bernardino, Medians and Street Islands
Landscape Maintenance Work Tasks and Frequency (See Exhibit A). For purposes
of this documents, all areas will be referred to as medians (regardless of whether they
are a street island or street-adjacent corridor)
• Landscape Maintenance Districts (LMDs). Landscape Maintenance Districts are
specially taxed districts in select neighborhoods or other areas of San Bernardino.
These districts typically have a higher standard of maintenance and may include
medians, grassturf (greenbelts), specialized plants/bushes, decorative rocks, and other
features. It is again vital that the vendor review the specific requirements for each LMD
and bid appropriately based on work tasks and maintenance service frequencies.
NOTE: LMDs are to be bid by zone and specific areas within each zone.
Materials. Industry standards are required for all materials used in the performance of
landscape maintenance at medians. The following table lists replacement materials should the
need arise for replacement or repair. Not all items are necessarily listed for some
categories; however, every effort will be made to use high-grade, industry-standard
materials and parts.
5PacketPg.826
Item Category Remarks
Pipes and fittings Irrigation High-grade, industry standard
• Examples: 40 or 80 PVC pipe, approximately
2” for irrigation lines and approximately 6” for
water mains; however, these sizes may vary.
Nozzles/emitters Irrigation High-grade, industry standard
• Examples: Rain Bird Rotor Heads, Orbit
Voyager, Toro Sprinkler Head, Hunter PGP,
ETC: however, nozzles/emitters may vary,
please try best to replace like for like/kind for
kind.
Backflow fittings/ valves
Irrigation Bronze fitting for replacement
Item
Category Remarks
Plants Landscape • 1 gallon size for replacement plants that are
non-established.
• 5-gallon plants for mature, well-established
plants being replaced.
Controller components (to
include motherboards, displays)
Irrigation Must be compatible with existing system; this
repair and/or replacement will be invoiced to the
City as it is not a standard irrigation repair.
Rock/Gravel Landscape Must match existing rock/gravel
Weed Killer Maintenance Prefer Cheetah-Pro, but, industry standard weed
killer (as legally sold in California) is allowed.
Please review California Office of Environmental
Health Hazard Assessment for updates in
regard to updates in regards to Weed Killers.
https://oehha.ca.gov/about/home
Ant killer/Insecticide Maintenance Industry standard insecticide as legally solid in
California may be used. Applicable
applicator/operator pesticide licenses required.
Please review this website:
www.cdpr.ca.gov...to effectively use Insecticides
in California and for future updates.
Daily Reporting and Notification. The vendor will be required to notify the contract
administrator (via email) of each day’s starting work location. On a monthly basis, the vendor
will provide a signed and dated work task/frequency sheet verifying all work performed at all
locations. Bid Schedule A. City of San Bernardino Medians and Street Islands Landscape
Maintenance Work Tasks and Frequency may be used as a template for the monthly work
report so long as it is signed and dated confirming that the work was accomplished.
6PacketPg.827
7PacketPg.828
Technical Specifications
1. Litter Collection from Grounds. This includes the collection of all litter from the median or
island grounds to include collection from grass turf, landscape beds, decorative rock beds,
stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical discarded
items, such as syringes, used clothing/shoes and is not limited solely to paper-based wrappings
or discarded food packaging. This task will be performed daily by 9am. Please Note: During
wind or other weather events, palms fronds/debris, green waste, small limbs shall also be
picked up from the median/island, however, some flexibility will be afforded in regard to the daily
deadline.
2. Mowing. Mowing will occur on all street medians/islands with lawn (grass turf) regardless of
the condition of the grass turf. Litter shall be collected from grass turf prior to mowing and must
not be shredded with equipment. All care shall be taken to ensure sprinkler heads are not
damaged by equipment. Grass clippings must not be left on-site (either as a pile or as mower
trail clumps). Equipment tracks (on grass turf) will be repaired before leaving the site for the
day. This task will be performed once a week by Friday. This will only apply to
medians/islands with grass turf. The following applies to mowing operations:
a. All turf areas shall be mowed once a week. Winter Schedule (November to
February) shall be reduced to mowing once every two weeks.
b. All missed mowing due to inclement weather will be accomplished no later than 2
days after the inclement weather has subsided and/or the ground is no longer
saturated.
3. Edging. In conjunction with mowing, edging will occur on all street median/island edges
(curbs) and any other areas where turf begins. While chemical edging may be used to expedite
this task, any leftover browned-out grass will require manual removal if not deteriorated in a
timely manner. This task will be performed by Friday and will only apply to medians with grass
turf.
4. Median Sweeping/Blowing. All hardscaped medians/islands (those that have rocks or
gravel as a foundation) will either be swept or blown (with power blowers) to remove dirt, minor
debris, gravel, and/or any other items/residue. This task will be performed weekly by Friday.
5. Plant, Bush, Shrub Trimming. As applicable to medians/islands with landscape elements,
all plants, bushes, shrubs and/or related vegetation will be trimmed every 6 months for aesthetic
reasons and to prevent any overgrowth which may become an obstacle. This will also include
the complete removal of any dead leaves, branches/stems from the plants and the full removal
of any dead plants.
6. Fertilization (plants, bushes). As applicable to medians/islands with landscape elements,
fertilization of all plants, bushes, shrubs will occur once every 6 months to ensure plants are
kept as vibrant and as blooming as possible.
7. Weed Abatement. At all medians/islands, weed abatement will be performed in an effort to
fully remove all weeds. This includes weed abatement at medians/islands that may be zero-
scaped, (rock decoration with no plants, concrete/asphalt surfaces, etc.), but are nevertheless
growing weeds. Chemical agents are authorized as allowed by law. Once weeds begin to die
or brown-out, they shall be pulled from the ground with its root attached. Weeds should
8PacketPg.829
also be removed from median/island curbs. This task will occur weekly be Friday with flexibility
allowed for chemicals to kill weeds before full uprooting.
8. Irrigation Inspection and Repair. All irrigation at street medians/islands shall be inspected
to ensure everything is in proper working order and not vandalized or damaged. Any leaks,
breaks to irrigation lines and related components will be repaired by the vendor. Irrigation
inspections will occur by 3 p.m. daily. Repairs will be complete within 24 hours of notification for
simple line breaks and nozzle breaks on plant bed lines. All potential repairs need to be
assessed by the project manager before vendor is authorized to begin repair work. If work
is more complex, the project may need to be stopped safely and secured. A licensed contractor
may be required to complete the repairs. If the leaks fall within the tasks of this agreement, the
repair must be completed no later than 48 hours. Controllers will also be inspected to ensure
proper functionality. Saw cutting of sidewalks or excavation of grounds to repair leaks will be
the responsibility of the vendor, if the saw cuts does not require a licensed contractor to
complete the excavation. Extensive work should be reported to the Contract Manager to ensure
fairness in labor costs related to the work.
9. Backflow Inspection and Repair. If existing, all street median/island backflows shall be
inspected to ensure they are in proper working order and not vandalized or shut off. Any
instance of significant vandalism shall be reported to the Contract Manager prior to making any
repairs, to include missing locks from backflow cages. Backflow inspections will occur by 9am
on a daily basis. Repairs will be complete within 24-48 hours of notification.
10. Landscape Bed Raking. All landscape beds (regardless of the volume of plants/shrubs)
will be raked free of minor yard waste, clippings, litter, etc. All dead leaves or debris under
plants/shrubs shall be raked away to create a clean appearance. This task will occur every two
weeks.
11. Pest Control. Pest control of any pests is required at applicable medians/islands (those
with grass turf or plant elements). This primarily includes ground squirrels but will also include
any other pests and insects. Fire ants will be treated on site using approved chemical agents.
Any invasive insects affecting plants/shrubs will also be treated by the vendor. This task will
occur every two weeks. Please review https://www.pestboard.ca.gov/pestlaw/pestact.pdf for the latest
updates for approved pest control methods and approved chemicals.
12. Mole Hill Flattening and Re-Filling. At any applicable medians/islands (with grass turf or
plant elements), all mole hills resulting from pests (primarily ground squirrels) will be flattened
and all associated holes will be filled with dirt. Although pest-control will ideally take care of the
issues of mole hills, this task will nonetheless be required in the interim. This task is required on
a daily basis.
13. Minor Tree Trimming. At any applicable median/island with trees, all minor trees in
landscape beds or those creating obstacles to roadways or nearby sidewalks will be trimmed so
as to remove any obstacles to motorists or pedestrians. A 6.5 ft standard (from the ground)
shall be used when removing tree branch/limb obstacles; however, tree canopies must be
shaped to prevent any outgrowth onto the street. This task will occur monthly but may also
occur upon request.
9PacketPg.830
10PacketPg.831
Identification of Respondent
Inland Empire Landscape, Inc. was Founded 20 Years ago by Mr. Joel Ibarra with the name of Ibarra
Landscaping. A year after the name was changed to Inland Empire Landscape, Inc. located at 202 E
Airport Drive Suite 100, San Bernardino, Ca 92408.
Phone # (909) 473-9066 Fax # (909) 473-9040
Inland Empire Landscape, Inc. is a local company that has been in business for 20 years. Performing
landscape services in the Public, Commercial and Private Industry such as; landscape maintenance,
landscape construction, pest control, tree planting, weed abatement, shrub and ground cover plantings,
landscape renovations, landscape modifications, etc.
Inland Empire Landscape, Inc. currently employs 80- fulltime employees and approximately 130 seasonal
employees for peak season performing Landscape Maintenance and Landscape Construction. Inland
Empire Landscape, Inc. had revenue of 6.2 million dollars last year alone.
Inland Empire Landscape, Inc. is projected to be at 8 million dollars at the end of the fiscal year.
(A) Legal Name of Company: Inland Empire Landscape, Inc. 202 E Airport Drive Suite 100, San
Bernardino, CA 92408.
(B) Legal Form of Company: Corporation
(C) Ownership: Inland Empire Landscape, Inc. is sole ownership
(D) Proposal Representative:
▪ Name: Joel Ibarra
▪ Title: President
▪ Address: 2456 Kern Street, San Bernardino, CA 92407
▪ Phone Number: (951)538-7574
(E) California Business License No: 802299 (C27/C61/D49)
Yard Locations:
1. Corporate Yard: 2456 Kern St, San Bernardino, Ca 92407
2. Yard Number 2: 27735 Baroni Rd. Romoland, Ca 92585
11PacketPg.832
Staffing Resources:
Inland Empire Landscape Inc plans to assign 21 staff members to this contract to meet all required
landscape maintenance duties. Staff members will consist of Area Supervisor, Irrigation Techs, Crew
leaders, Laborers, and Pesticide Technician.
Joel Ibarra- President
Email: joel@ielandscape.com
Phone No: (951)538-7574
Office: (909) 473-9066
Responsibilities: Oversees company, may be contacted with any comments or concerns regarding the
project.
Ray Cervantes- Landscape Maintenance Division Manager
Email: Raymond@ielandscape.com
Phone No: (951) 529-6552
Responsibilities: Preparation and delivery of bids and proposals, coordinates work schedules and staff,
has general responsibility to manage contract, and meets with clients for work progress. Oversee project,
responsible for the organization of crews and schedules, as well as inspection of work areas. Key contact
person, for comments and concerns regarding project. Meets with city staff to discuss work progress.
Available for emergency calls.
Ryan Dolezal- Area Supervisor
Email: ryan@ielandscspe.com
Cell Phone: (951)538-3993
Responsibilities: Daily operations, Inspections and Supervision for work progress Schedules and new
projects, meets with the City Staff to discuss work progress and new ideas. Ryan Dolezal has 10 years of
commercial, municipal, and private landscape maintenance experience as well as Supervisory Experience
Supervising up to 25 Employees.
Mario Vasquez: Irrigation Technician
Responsibilities: Mario has been in the landscape business for 15 years. He began as a maintenance
laborer and later was promoted to irrigation technician. Mario’s strengths include team player, training
others, and repairing valves, broken main lines, and installing sprinkler heads to insure proper water
coverage to all turf areas and planter areas also responsible for programing irrigation controllers.
Jesus Gonzalez: Irrigation Technician
Responsibilities: Jesus has been in the landscape business for 8 years. He began as a maintenance laborer
and later was promoted to irrigation technician. Jesus’s strengths include team player, training others, and
repairing valves, broken main lines, and installing sprinkler heads to insure proper water coverage to all
turf areas and planter areas also responsible for programing irrigation controllers.
Panfilo Villegas- Crew Leader
Panfilo has been working for Inland Empire Landscape for 20 years and has 20 years of landscape
maintenance experience. He began his career as a gardener and was promoted to a crew leader and mower
operator. Panfilo’s strengths are proper maintenance techniques, managing others, herbicide control,
pesticide control, graffiti abatement, skirting trees at ground level, mowing, edging, playground, and
assuring that tasks are completed.
12PacketPg.833
Fernando Saucedo -Crew Leader
Fernando has been working for Inland Empire Landscape for 13 years and has 15 years of landscape
maintenance experience. He began his career as a gardener and was promoted to a crew leader. Fernando
strengths are proper maintenance techniques, managing others, herbicide control, pesticide control,
graffiti abatement, skirting trees at ground level, mowing, edging, playground, and assuring that tasks are
completed.
Carlos Zelaya- Crew Leader
Carlos has been working for Inland Empire Landscape for 9 years and has 12 years of landscape
maintenance experience. He began his career as a gardener and was promoted to a crew leader. Carlos’s
strengths are proper maintenance techniques, managing others, herbicide control, pesticide control,
graffiti abatement, skirting trees at ground level, mowing, edging, playground, and assuring that tasks are
completed.
Raul Rios-Crew Leader
Raul has been working for Inland Empire Landscape for 7 years and has 10 years of landscape
maintenance experience. He began his career as a gardener and was promoted to a crew leader. Raul
strengths are proper maintenance techniques, managing others, herbicide control, pesticide control,
graffiti abatement, skirting trees at ground level, mowing, edging, playground, and assuring that tasks are
completed.
Carlos Roberto-Crew Leader
Carlos has been working for Inland Empire Landscape for 6 years and has 10 years of landscape
maintenance experience. He began his career as a gardener and was promoted to a crew leader. Carlos
strengths are proper maintenance techniques, managing others, herbicide control, pesticide control,
graffiti abatement, skirting trees at ground level, mowing, edging, playground, and assuring that tasks are
completed.
Marcelo Guerrero -Crew Leader
Marcelo has been working for Inland Empire Landscape for 6 years and has 17 years of landscape
maintenance experience. He began his career as a gardener and was promoted to a crew leader. Marcelo
strengths are proper maintenance techniques, managing others, herbicide control, pesticide control,
graffiti abatement, skirting trees at ground level, mowing, edging, playground, and assuring that tasks are
completed.
Specialty Crew:
We have 5 Specialty Crews to perform seasonal tasks such as
1. Aerifications, Mowing Operations, Over seeding, Park amenity repair
2. Dethatch, Trail grading and detailing, Weed abatement,
3. Fertilizing, Graffiti abatement and painting, Pest control
*(Key Personnel responsible for working with City Staff)
B. Subcontractors:
*No subcontractors will be used under this contract.
13PacketPg.834
- 7 -
EXHIBIT C
ADDITIONAL DOCUMENTS
STAFFING PLAN
1.Primary staff to perform Agreement duties
Name Classification/Title Years of Experience
2.Alternate Staff (for use only if primary staff are not available)
Name Classification/Title Years of Experience
Substitution or addition of Respondent’s key personnel in any given category or
classification shall be allowed only with prior written approval of the City Project
Manager.
25 Years
Maintenance Division Manager
President
20 Years
Ryan Dolezal Area Supervisor
Martha Guerrero
Raymond Cervantes
Joel Ibarra
Business Administrator 10 Years
Yoselin Lambaren Administrative Assistant 6 Years
Miguel Ibarra President 15 years
10 Years
14PacketPg.835
The Respondent may reserve the right to involve other personnel, as their
services are required. The specific individuals will be assigned based on the need
and timing of the service required. Assignment of additional key personnel shall
be subject to City Project Manager approval. City reserves the right to have any of
Contractor personnel removed from providing services to the City under this
Agreement. City is not required to provide any reason for the request for removal
of any Contractor personnel.
15PacketPg.836
Fiscal Stability:
Please find the attached Dunn and Bradstreet Credit Rating and Financial Statement.
16PacketPg.837
Experience and Technical Competence
1.City of San Bernardino – Public Works
Contact Name: Willie Brigham Landscape Maintenance Inspector
Phone No: (951)538-3405
Email: Brigham_Wi@sbcity.org
Address: 3rd Floor N Arrowhead Ave & W 2ND St, San Bernardino, CA 92401
Project: Annual Landscape Maintenance (LMDS)
Work Description: mow, edging, blowing, irrigation system checks and repairs, tree trimming,
shrubs/vines/ groundcover care, etc.
Contract Term: 2012 – Present (10 years)
2.City of Riverside Public Works
Contact Name: Mike Wagner- Public Works Landscape Inspector
Phone No: (951)548-5926
Email: mwagner@riversideca.gov
Address: 3900 Main Street 4th floor, Riverside, CA 92522
Project: North Quadrant Parkways and Medians Landscape Maintenance
Work Description: mow, edge, rake, trim, aerate, overseed, fertilize, renovate, and dethatch turf
areas, inspect, adjust, and make repairs to all irrigation systems from the water meter out and
electrical POC and out, skirting of trees and the removal of sucker growth, to provide weed
control, disease control, rodent pest control, removal of trash and debris including Palm fronds
and tree debris will be picked up.
Contract Duration: 2013 – Present (9 years)
3.City of Riverside Public Works Division
Contact Name: Mike Wagner- Public Works Landscape Inspector
Phone No: (951)548-5926
Email: mwagner@riversideca.gov
Address: 3900 Main Street 4th floor, Riverside, CA 92522
Project: Riverwalk Landscape Maintenance District sites. Parkways, Medians, and Park
Landscape Maintenance.
Work Description: mow, edge, rake, trim, aerate, overseed, fertilize, renovate, and dethatch turf
areas, inspect, adjust, and make repairs to all irrigation systems from the water meter out and
electrical POC and out, skirting of trees and the removal of sucker growth, to provide weed
control, disease control, rodent pest control, removal of trash and debris including Palm fronds
and tree debris.
Contract Term: 2017 – Present (5 years)
4.City of San Bernardino – Parks and Recreation
Contact Name: Jim Tickemyer – Park Maintenance Division Manager
Phone No: (909)384-5052
Email: Tickemyer_Ji@sbcity.org
Address: 201 N E St, San Bernardino, Ca 92401
Project: Annual Park Maintenance Full Service & Landscape Maintenance Services (North
Parks)
Work Description: mowing, edging, blowing, aerate, overseed, litter removal fertilizes, detach
turf, irrigation repairs, trash receptacles, and janitorial services.
Contract Amount: $548,400.00 Contract Term: 2013 to 2018 (5 years)
28PacketPg.838
5.City of Menifee – Public Works
Contact Name: Bryce Howell
Phone No: (951)723-3752
Email: bhowell@cityofmenifee.us
Address: 29714 Haun Road, Menifee, CA 92586
Project: Citywide Landscape Maintenance and City Parks
Work Description: landscape maintenance services for Parks, Street Medians, Right-of-Ways,
Retention Basins, and Park Restroom Janitorial Services
Contract Term: 2015 - 2019 Completed (4 years)
6.County of Riverside
Contact Name: Mark Hughes
Phone No: (951)955-6767
Email: MARHUGHE@rivco.org
Address: 4080 Lemon Street 8th Floor, Riverside Ca. 92501
Project: Landscape Maintenance Service for the Transportation Department
Work Description: Landscape Maintenance to Parkways, Medians, Turf, Multi-Purpose Trails,
Fence, and Irrigation System.
Contract Amount: 2012 – Present (10 years)
7.City of Rialto
Contact Name: Sam Sung – Public Works Landscape Inspector
Phone No: (909)772-2635
Address: 150 S Palm Ave., Rialto, Ca92376
Project: LMD, Parkways, Median Islands, and Ground Maintenance
Work Description: mow, weed control, edge, fertilize turf, blow hardscape, inspect and repair
irrigation system, litter removal, drainage system, prune shrubs, vines, and groundcover.
Contract Term: 2013- 2018 (5 years) Renewed Contract in 2018- Present
8.City of Wildomar:
Contact Name: Terri Abercombie – Senior Administrative Analyst, Engineering
Phone No: (951)677-7751 ext 246
Address: 23873 Clinton Keith Rd Suite 201, Wildomar, Ca 92595
Project Name: City Landscape Maintenance and Parks
Work Description: mow, edging, weed control, irrigation system inspections and repairs,
groundcover care, shrubs, trees, litter removal, blow, trash liners, and mulch replenishment.
Contract Term: 2013 – Present (9 years)
(v). Inland Empire Landscape, Inc. is a company based in San Bernardino and has an active
contract under Public Works for the following areas: A, B, C, D, F, K, and I. In 2018 we
completed a 5-year term under the Parks and Recreational Department for the Northside Parks
including janitorial services successfully with no deductions for incompetent service. Inland
Empire Landscape, Inc. is a great resource for City of San Bernardino because we are local and
have experience working with City of San Bernardino and know what the city expects from the
contractor.
29PacketPg.839
B)Project Specific Experience:
1.City of San Bernardino Public Works
a)Provide landscape maintenance to LMDS
b)$3.5 Million
c)Beginning Monthly $15,600.00 and Continued Monthly $30,800.00
d)Work Description: Litter collection on turf areas, mowing, sidewalk sweeping/
blowing, plant/bush/shrub trimming, fertilization plants and bushes, weed abatement,
irrigation system inspection and repairs, backflow inspections, landscape bed raking,
pest control, tree trimming, overseeding, and plant replacement.
e)Staffing: Supervisor, Irrigation Technician, Mowing Crew, Detail Crews, and
Pesticide Technician.
f)9 years- Present
g)N/A
h)Willie Brigham- Landscape Maintenance Inspector, (951)538-3405,
Brigham_Wi@sbcity.org
2.City of Riverside Public Works North Quadrant
a)Provide Landscape Maintenance to Medians and Parkways.
b)$ 4.6 Million
c)Beginning Monthly $28,800.00 and Continued Monthly $49,600.00
d)Work Description: mowing, edging, rake, trim, aerate, overseed, fertilize, renovate and
detach turf areas, inspect adjust and repair irrigation system, skirting of trees, weed
control, disease control, rodent pest control, removal of trash and debris, palm fronds,
trees debris,
e)Staffing: Supervisor, Irrigation Technician, Mowing Crew, Detail Crews, and
Pesticide Technician.
f)9 years - Present
g)N/A
h)Mike Wagner- Public Works Landscape Inspector, (951)548-5926,
mwagner@riversideca.gov.
3.City of Rialto (See reference letter attached)
a)Provide landscape maintenance and Janitorial services to City Parks, Facilities, LMD,
Parkways, and Medians.
b)$3.7 Million (5-year term)
c)Beginning Monthly $45,000.00 Monthly and Ending Monthly $60,000.00
d)Work Description: mow, weed control, edge, fertilize turf, blow hardscape, inspect
and repair irrigation system, litter removal, picnic tables, drainage system, prune
shrubs, vines, groundcover, and restroom services.
e)Staffing: Supervisor, Irrigation Technician, Mowing Crew, Detail Crews, and
Janitorial Crew.
f)9 years – Present
g)N/A
h)Sam Sung, City Landscape Maintenance Inspector, (909)772-2635,
ssung@rialtoca.gov
30PacketPg.840
(ii)
a)Failure to enter into contract or professional service agreement once selected. N/A
b)Withdrawal of a proposal as a result of an error. N/A
c)Termination or failure to complete a contract. N/A
d)Debarment by any municipal, county, state, federal or local agency. N/A
e)Involvement in litigation, arbitration, or mediation. N/A
f)Falsification of information or submission of deceptive or fraudulent statements. N/A
g)Willful disregard for applicable rules, laws, or regulations. N/A
C) Technical Competence:
(i). Inland Empire Landscape Inc supplies all field staff with smart phones and iPads, to accomplish all
necessary communication between supervisors, irrigation technicians, and crew leaders. Field staff can
email all findings, concerns, repairs, and any other tasks that need to be reported to City staff.
(ii). All field staff will be able to check all work task schedules on iPad and smart phones through our
scheduling calendars. Each LMD, Street Medians, Island, and Traditional Sites with its own schedule to
preform the required tasks per City’s Exhibit A.
31PacketPg.841
- 9 -
REFERENCES
Respondent must include present and past performance information with a
minimum of three (3) references of recent similar projects within the United States.
References cannot include City of San Bernardino Elected Officials, Department
Directors, or Information Technology staff as reference. References can include
other City agencies that are not partaking in this RFP. Please verify that all reference
information is correct.
Reference 1
Company Name:
Address:
Contact Person:
Email Address:
Telephone Address:
Project name:
Dates Work Performed:
Summary of Scope of Services:
Project Cost:
Reference 2
Company Name:
Address:
Contact Person:
Email Address:
Telephone Address:
City of San Jacinto
595 S san JacintoAve, San Jacinto, CA 92583
Preston Sullens - Landscape Maintenance Inspector
psullens@sanjacinto.gov
(951)545-9684
Landscape and Irrigation Maintenance
March 2019 - Present
$567,021.96 Annually
Landscape Maintenance medians, parkways, parks, basin slopes, sidewalks, gutters, greenbelts, channels: fertilize, prune, trim trees, shrubs, vines andgroundcover,control weeds,plant disease, mow, edge, and fertilize turf gress, blow hardscape clean, inspect: maintain and repair all irrigation system, litter removal etc....
1900 Main Street, Riverside, CA 92501
mwagner@riversideca.gov
(951)548-5926
City of Riverside
Mike Wagner - Public Works Landscape Inpector
32PacketPg.842
-10 -
Project name:
Dates Work Performed:
Summary of Scope of Services:
Project Cost:
Reference 3
Company Name:
Address:
Contact Person:
Email Address:
Telephone Address:
Project name:
Dates Work Performed:
Summary of Scope of Services:
Project Cost:
Landscape and General Outside Maintenance Services for North Quadrant Parkways and Medians
New Contract 2019 - Present
Landscape Maintenance: mow, edge,rake, trim,aerate,overseed, fertilize,renovate and detach turf areas, inspect, adjust and make repairs to all, irrigation system, skirting of trees, weed controldisease control, rodent control, removal of trash and debris, hard surface areas, pathways, curbs,gutters etc...
$595,167.00 Annually
City of Rialto
150 S Palm Avenue, Rialto Ca 92376
ssung@rialtoca.gov
(909)772-2635
Landscape & Ground Maintenance LMD, Parkways, Median Islands
July 2019 - Present
Landscape Maintenance: LMDS 1,maintain 20 acres of turf, 17 acres of ground cover3,700 trees, and 24 acres of hardscape. LMDS 2 .30 acres of turf, 13.5 acres of ground cover, 785 trees and 8.5 acres of hardscape. Parks control weeds, fertilize prune shape and trim trees, ground cover, mowing, edging, fertilize turf, inspect irrigation system,litter removal , etc....
$725,299.44 Anually
Sam Sungvornrajasabh
33PacketPg.843
Proposed Method to Accomplish the Work/ Scope of Work
Inland Empire Landscape, Inc. will provide a program that covers all aspects of this RFP and
additional tasks that will need to be completed on a daily schedule. The program will utilize a
management schedule, each crew will be appointed specific job duties, equipment, and vehicles
to fulfill all the attention the LMDS, Street Medians and Islands, and Traditional Sites.
Field Staff Projected for this Contract:
1.Supervisor
2.2 Irrigation Technicians
3.2 Mowing Crews
4.4 Detail Crews
5.1 Pesticide Technician
Vehicles List:
1.2-Toyota Tacoma
2.2- Ford F-150
3.3- Ford F-250
4.3- Ford 350
5.4- Trailers
Equipment List:
1.2 – Exmark Mulching Mowers 72”
2.1- Exmark Mulching Mower 48”
3.1- Honda 21” Walk behind Mower
4.2- Shrewsbury Wheel Corts Edger
5.8-Echo Backpack Blowers
6.8-Echo Weed Wacker
7.5- Echo Power Trimmers
8.1- Power Pressure Washer
9.Miscellaneous small equipment and hand tools
10.1- Kioti Tractor with attachment (Aeration)
11.1- Kioti Tractor with attachment for detaching and overseeding
(* Inland Empire Landscape Inc, is compliant with the State of California Emission Zero Lawn
Equipment Law)
34PacketPg.844
Field Staff will be responsible for the following work tasks per Exhibit A:
Bid Schedule A1: Traditional Sites
Daily Routine Tasks:
•Litter Removal from turf by 12pm
•Irrigation Inspection/ Repair by 3pm
•Backflow Inspection by 3 pm
Weekly Routine Tasks: (3x a week)
•Sidewalk Sweeping/Blowing
•Mole Hill Flattening/Hole Fill
Every 2 Weeks:
•Landscape Bed Raking
•Weed Abatement
Every 6 Months:
•Plant/bush/shrub Trimming
•Minor Tree Trimming
Annually Schedule:
•Overseeding
•Fertilize Plant, Bushes
As Needed Schedule:
•Plant Replacement
•Pest Control
Bid Schedule A2: Street Medians and Islands
Daily Routine Tasks:
•Litter removal on turf areas by 9am
•Irrigation Inspection/ Repair by 3pm
•Backflow Inspection by 3 pm
Weekly Routine Tasks: (3x a week M-W-F)
•Sidewalk Sweeping/Blowing
•Mole Hill Flattening/Hole Fill
Every 2 Weeks:
•Weed Abatement
•Landscape Bed Raking
Every 6 Months:
•Plant/bush/shrub Trimming
Annually Schedule:
•Overseeding
As Needed Schedule:
•Plant Replacement
•Pest Control
•Minor Tree Trimming
35PacketPg.845
Bid Schedule A3: LMD Greenbelts
Daily Routine Tasks:
•Litter removal on turf areas
•Irrigation inspections/ repairs
•Backflow inspections
•Lock Gates (Magnolia & Ohio)
Weekly Routine Tasks:
•Mowing
•Edging
•Landscape bed raking
•Sidewalks Sweeping/Blowing (m-w-f)
•Mole Hill Flattening/ hole Fill (m-w-f)
Every 2 Weeks:
•Weed Abatement
Every 6 Months:
•Plant/ Bush/shrub Trimming
•Fertilize Plants and Bushes
Annually Schedule:
•Overseeding
As Needed Schedule:
•Plant Replacement
•Pest Control
•Minor Tree Trimming
36PacketPg.846
Evidence of Insurance
Please see attached evidence of insurance.
45PacketPg.847
46
Packet Pg.848
Litigation
Inland Empire Landscape, Inc does not have any litigations, mediation, or arbitration with any service
performance.
47PacketPg.849
Other Information
a.Inland Empire Landscape, Inc has completed all contracts with the required staff and in a
timely manner with all municipalities as described under Experience.
b.N/A
c.Inland Empire Landscape, Inc. has served City of San Bernardino since 2013 providing
landscape maintenance services to City Parks and continuing to services LMDS (Zones:
A, B, C, D, F, K, and I.
d.Inland Empire Landscape, Inc. does not have a conflict of interest with proving services
to City of San Bernardino.
48PacketPg.850
Certification of Proposal
“The undersigned herby submits its proposal and, by doing so, agrees to furnish services to the City in
accordance with the request for Proposal (RFP), and to be bound by the terms and conditions of the RFP”
49PacketPg.851
Appendices
Additional Services
• - Full Time Irrigation Technicians (Recycled Water Certified) Using CALSENSE, Hunter,
and Rain Bird Irrigation accessories such as Radio Remote controllers. Our focus is on water
conservation, Labor Savings and irrigation management.
• - Weed Abatement Services
• - Qualified Electrician; Lightning Inspection and Installation, Evaluations Included at no cost
to City
• - Certified Playground Personnel
• - Pest Control Licensed Technicians
• - Gopher Abatement Program
• - Cement and Masonry Work
• - Playground Repairs
• - Plumbing Repairs
• - Fencing Repairs
• - Stucco Work and Repairs
• - Wood Work and Repairs
• -Graffiti Abatement
Key Features
Dear City’s Selection Committee,
As a Company Manager and as an individual conscientious of the importance to protect the environment
we train our personnel on the following.
Safety
1- Personal protection equipment
2- Public safety
3-Work safety
4- Chemical applications, calibrate, clean, and store chemicals Cleaning Agents, Fuels and fertilizers
5- Landscape maintenance practices
6- Water management
Safety meetings are held by Supervisors bi-weekly and once a month a month with the President.
50PacketPg.852
Proposed Innovations
Inland Empire Landscape, Inc. has provided neighboring cities with innovative landscape designs
to fit the needs and wants of the community, and simultaneously have the most water efficiency possible.
This is feasible by keeping our employees up to date with new technological advances in irrigation and
landscape supply. Our landscape and irrigation suppliers provide us with the most efficient and up to date
supply that makes it possible for us to satisfy the needs of our customers. The products our suppliers
provide us with are more efficient drought tolerant plants as well as more water efficient irrigation
materials. For example, the Calsense Central System provides a safer and more efficient irrigation system.
Our irrigation technicians are also certified to work with reclaimed water. Creating a drought tolerant
landscape is critical for communities, which is why we optimize for both the community and environment
to satisfy the needs of our customers.
We have also used lighting to be able to display the landscape after hours. Now communities can
enjoy the view of the landscape both during the day and night. Lighting is a great way for communities to
take full advantage of the landscape its city provides, which used to be limited to day hours.
Licensing and Qualifications
• License # 802299
• Federal Tax ID: 14-1957848
• C-27 Landscaping
• C-61 Specialty
• D-49 Specialty
• Pest Control Business License #37897
• QAL # 122218 Categories BC
• QAL # 128184 Categories ABCF
• Certified Reclaimed Water Technicians (City of Chino)
• State of California Licensed Pest control Applicators and Operators
• Qualified Electricians
• Insured and Bonded Rated (A)
• Adult CPR/AED
• E-Payables
• Department of Industrial Relations # 1000019419
30 Hour OSHA Outreach Construction Safety Training
51PacketPg.853
Company Certification
Please see attached certifications.
52PacketPg.854
53PacketPg.855
54PacketPg.856
55PacketPg.857
58
56PacketPg.858
57PacketPg.859
A1625046
CPR/AED: Adult, Child, Infant
+ Standard First Aid (BLS)
Joel Ibarra
07/02/2020 07/02/2022
58PacketPg.860
59PacketPg.861
A1625047
CPR/AED: Adult, Child, Infant
+ Standard First Aid (BLS)
Miguel Ibarra
07/02/2020 07/02/2022
60PacketPg.862
61PacketPg.863
62PacketPg.864
63PacketPg.865
64PacketPg.866
65PacketPg.867
66PacketPg.868
67PacketPg.869
Packet Pg. 870
Packet Pg. 871
Packet Pg. 872
Packet Pg. 873
Packet Pg. 874
Packet Pg. 875
Packet Pg. 876
Packet Pg. 877
Packet Pg. 878
Packet Pg. 879
Packet Pg. 880
Packet Pg. 881
Packet Pg. 882
Packet Pg. 883
Packet Pg. 884
Packet Pg. 885
Packet Pg. 886
Packet Pg. 887
Packet Pg. 888
Packet Pg. 889
Packet Pg. 890
Packet Pg. 891
Packet Pg. 892
Packet Pg. 893
Packet Pg. 894
Packet Pg. 895
Packet Pg. 896
Packet Pg. 897
Packet Pg. 898
Packet Pg. 899
Packet Pg. 900
Baseline & Del Rosa (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.901
9th & Tippecanoe (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.902
3rd & Tippecanoe (Ward 1)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.903
Harry Sheppard & Del Rosa S/B (Ward 1)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.904
Harry Sheppard & Del Rosa N/B (Ward 1)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.905
Rialto & Del Rosa (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.906
Mill & Tippecanoe (Ward 1)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.907
Rialto & I St W/B (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.908
Rialto & I St N/B (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.909
792 W 2nd St (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.910
2nd & G St (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.911
3rd St & H St (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.912
3RD St & H St W/B (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.913
3RD St & H St (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.914
706 W 4th St (Ward 1)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.915
4th St & G St (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.916
4th & G St (Ward 1)
Concrete Island with Iron Gate
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.917
320 N E St (Ward 1)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.918
2nd St & E St (Ward 1)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.919
3rd St & K St (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.920
2nd St & Mt. Vernon N/B (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.921
2ND St & Mt. Vernon (Ward 1)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.922
Colima & H St (Ward 2)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.923
Highland & 215 Freeway Overpass (Ward 2)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.924
Highland & Muscupiabe (Ward 2)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.925
Baseline & Windsor (Ward 2)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.926
Baseline & Tippecanoe (Ward 2)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.927
Mill & Lena Road (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.928
Orange Show Road & Tippecanoe N/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.929
Orange Show Road & Tippecanoe W/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.930
Hardt & Tippecanoe N/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.931
Hardt & Tippecanoe S/B (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.932
Brier & Tippecanoe (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.933
Hospitality & Tippecanoe (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.934
Harriman & Tippecanoe (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.935
Redlands Boulevard & Anderson (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.936
Redlands Boulevard & Gardena (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.937
Redlands Boulevard & Waterman (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.938
Redlands Boulevard & Club Center Drive (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.939
Caroline & Waterman (Ward 3)
Thin long median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.940
10 Freeway & Waterman (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.941
Hospitality & Waterman (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.942
Vanderbilt & Waterman (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.943
Orange Show Road & Waterman N/B (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.944
Orange Show Road & Waterman E/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.945
Orange Show Road & Waterman W/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.946
Central & Waterman (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.947
Mill & Waterman (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.948
Mill & Waterman E/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.949
Mill & Waterman W/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.950
715 Brier (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.951
996 Hospitality E/B (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.952
996 Hospitality W/B (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.953
862 Hospitality (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.954
Carnegie & Hospitality (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.955
Harriman & Hospitality (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.956
620 Hospitality (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.957
420 Hospitality (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.958
275 Hospitality (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.959
Oliver Holmes & Hunts Lane (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.960
Commercial & Hunts Lane (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.961
Showcase South & Auto Plaza Drive (Ward 3)
Small Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.962
Showcase North & Auto Plaza Drive (Ward 3)
Small Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.963
Orange Show Road & Arrowhead (Ward 3)
Concrete Island with shrubs
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.964
Inland Center Drive & G St W/B (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.965
Inland Center Dr & G St E/B (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.966
Inland Center Dr & I St (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.967
739 Mt. Vernon (Ward 3)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.968
Mill & G St (Ward 3)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.969
40th & Electric N/B (Ward 4)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.970
40th & Electric S/B (Ward 4)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.971
4985 Sierra Way (Ward 4)
Small Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.972
Eureka & Mountain (Ward 4)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.973
Lynwood & Victoria W/B (Ward 4)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.974
Lynwood & Victoria S/B (Ward 4)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.975
Citrus & Victoria (Ward 4)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.976
Mirada & Victoria (Ward 4)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.977
Highland & Victoria N/B (Ward 4)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.978
Highland & Patton Hospital (Ward 4)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.979
Highland & Piedmont (Ward 4)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.980
Highland & Arden (Ward 4)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.981
Highland & Sterling E/B W/B (Ward 4)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.982
Palmyra & Lugo (Ward 4)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.983
Kendall & Campus Way (Ward 5)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.984
1914 Sycamore (Ward 5)
Small Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.985
Valles & Campus Pkwy (Ward 5)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.986
5527 Valles (Ward 5)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.987
1912 Ash (Ward 5)
Small median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.988
1813 Ash (Ward 5)
Small median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.989
Northpark & Campus Pkwy (Ward 5)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.990
Northpark & University S/B (Ward 5)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.991
Kendall & University (Ward 5)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.992
Northpark & East Campus N/B (Ward 5)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.993
Northpark & University E/B (Ward 5)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.994
Northpark & Little Mountain (Ward 5)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.995
Northpark & Orange Drive (Ward 5)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.996
Kendall & Little Mountain N/B S/B (Ward 5)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.997
30TH & Muscupiabe (Ward 5)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.998
21st & Mt. Vernon (Ward 6)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.999
Highland & California (Ward 6)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1000
Baseline & Martin (Ward 6)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1001
Hallmark Parkway & University (Ward 6)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1002
23rd & Valencia (Ward 7)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1003
Date & Del Rosa (Ward 7)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1004
Date & Sterling (Ward 7)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1005
30th & Parkside (Ward 7)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1006
30th & Waterman (Ward 7)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1007
30TH & Mt. View S/B (Ward 7)
Concrete Island
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1008
30TH & Mt. View N/B (Ward 7)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1009
23rd & Mt. View (Ward 7)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1010
30th & Broadmoor (Ward 7)
Median
Attachment 1
Locations and Area of Maintenance at Medians
Packet Pg.1011
Packet Pg.1012
Packet Pg.1013
Packet Pg.1014
Packet Pg.1015
Packet Pg.1016
Packet Pg.1017
Packet Pg.1018
Packet Pg.1019
Packet Pg.1020
Packet Pg.1021
Packet Pg.1022
Packet Pg.1023
Packet Pg.1024
Packet Pg.1025
Packet Pg.1026
Packet Pg.1027
Packet Pg.1028
Packet Pg.1029
Packet Pg.1030
Packet Pg.1031
Packet Pg.1032
Packet Pg.1033
Packet Pg.1034
Packet Pg.1035
Packet Pg.1036
Packet Pg.1037
Packet Pg.1038
Packet Pg.1039
Packet Pg.1040
Packet Pg.1041
Packet Pg.1042
Packet Pg.1043
Packet Pg.1044
Packet Pg.1045
Packet Pg.1046
Packet Pg.1047
Packet Pg.1048
Packet Pg.1049
Packet Pg.1050
Packet Pg.1051
Packet Pg.1052
Packet Pg.1053
Packet Pg.1054
Packet Pg.1055
Packet Pg.1056
Packet Pg.1057
Packet Pg.1058
Packet Pg.1059
Packet Pg.1060
Packet Pg.1061
Packet Pg.1062
Packet Pg.1063
Packet Pg.1064
Packet Pg.1065
Packet Pg.1066
Packet Pg.1067
Packet Pg.1068
Packet Pg.1069
Packet Pg.1070
Packet Pg.1071
Packet Pg.1072
Packet Pg.1073
Packet Pg.1074
Packet Pg.1075
Packet Pg.1076
Packet Pg.1077
Packet Pg.1078
Packet Pg.1079
Attachment 7c. LMD Areas of Maintenance Description and Tracts
ZONE A
AD 976- PINE AVENUE AND THE OPEN SPACE AREAS WITHIN METROPOLITAN WATER DISTRICT LAND
LOCATED EAST OF AND ADJACENT TO PINE AVENUE, WALNUT AVENUE, OHIO AVENUE, BELMONT AVENUE,
IRVINGTON AVENUE, THE DRAINAGE CHANNEL SOUTH OF TRACT 13028 AND 13036 AND IN LOT "'A-A" OF
TRACT 13036, THE SLOPE AREA SOUTH OF CHRISTINE STREET.
AD 991 - SOUTH SIDE OF VERDEMONT DRIVE, NORTH AND SOUTH SIDES OF GARFIELD AVENUE,
NORTH SIDE OF OHIO A VENUE AND PORTION OF THE SOUTH SIDE OF OHIO A VENUE, ALL BETWEEN PALM
AVENUE AND OLIVE A VENUE; WEST SIDE OF PALM A VENUE, SOUTH OF OHIO AVENUE AND THE SLOPE AREA
SOUTH OF TRACT 13530 (WEST OF PALM A VENUE).
AD 997- NORTH SIDE OF IRVINGTON AVENUE, EAST OF CHESTNUT AVENUE.
AD 1017- NORTH SIDE OF KENDALL DRIVE, EAST AND WEST OF PINE AVENUE; PINE AVENUE, BETWEEN
KENDALL DRIVE AND IRVINGTON AVENUE, PORTIONS OF THE SOUTH SIDE OF IRVINGTON A VENUE,
PORTIONS OF THE NORTH AND SOUTH SIDE OF WASHINGTON AVENUE AND WITHIN OPEN SPACE AREAS
WITHIN THE METROPOLITAN WATER DISTRICT LAND ALONG PINE AVENUE.
AD 1025 - WEST SIDE OF PALM AVENUE, SOUTH OF WASHINGTON AVENUE; PORTION OF WASHINGTON
AVENUE, WEST OF PALM AVENUE, AND THE SOUTH SIDE OF RED SKY A VENUE, WITHIN TRACT NO. 15743;
AD 1028 - SOUTH SIDE OF OHIO AVENUE, WEST SIDE OF WALNUT AVENUE, EAST SIDE OF OLIVE AVENUE
AND THE NORTH SIDE OF MEYERS ROAD, WITHIN TRACT NO. 14193.
AD 1030- NORTH SIDE OF OHIO A VENUE, EAST OF MAGNOLIA A VENUE, AND THE EAST SIDE OF MAGNOLIA
AVENUE, NORTH OF OHIO AVENUE;
AD 1031- SOUTH OF BRENDA LANE, EAST OF OLIVE AVENUE WITHIN PORTIONS OF LOT "A" OF TRACT NO.
15407.
AD 1032- NORTH SIDE OF VERDEMONT DRIVE, EASTERLY OF PALM AVENUE, WITHIN TRACT NO. 14352.
AD 1035-Z1- EAST SIDE OF PALM AVENUE, THE SOUTH SIDE OF OHIO, THE NORTH SIDE OF MEYERS ROAD
AND THE SLOPE ALONG THE SOUTHERLY BOUNDARY OF TRACT N0.13572, ALL WITHIN TRACT NO.
13572.
AD 1035-Z2- WEST SIDE OF PALM AVENUE AT AKRON STREET WITHIN TRACT NO. 15538.
AD 1037 -NORTH SIDE OF BELMONT A VENUE EAST OF MAGNOLIA A VENUE, THE EAST SIDE OF MAGNOLIA
AVENUE, NORTH OF BELMONT AVENUE AND LOT 34, LOCATED AT THE SOUTHEAST CORNER OF MAGNOLIA
AVENUE AND MEYERS ROAD, ALL WITHIN TRACT NO. 13630.
AD 1039 - BELMONT AVENUE, EAST OF MAGNOLIA AVENUE, PORTIONS OF MAGNOLIA AVENUE, SOUTH OF
BELMONT AVENUE AND ALONG THE TRAIL SYSTEM ALONG LOS ROBLES WAY.
AD 1041 -EASTERLY SIDE OF MAGNOLIA A VENUE, PARKWAY AND SLOPE LANDSCAPING ON THE SOUTH
SIDE OF OHIO A VENUE, LANDSCAPING AND DRAINAGE SWALES ON SLOPES ALONG THE SOUTHERLY SIDE
OF LOTS 10 THROUGH 17, INCLUSIVE, AND THE EASTERLY SIDE OF LOT 10, AND THE LANDSCAPING AND
DRAINAGE SWALE/ACCESS AREA BETWEEN THE SIDE YARDS OF LOTS 10 AND 11.
AD 1043-Z1 -WEST SIDE OF PALM AVENUE, THE NORTH SIDE OF IRVINGTON AVENUE AND ALONG
PORTIONS OF THE NORTH AND SOUTH SIDE OF BLUE MOUNTAIN STREET ALL WITHIN THE BOUNDARIES
OF TRACT NO. 15940.
AD 1043-Z2 -NORTH SIDE OF IRVINGTON AVENUE; THE EAST SIDE OF MOUNT CARMELA LANE, THE
WEST SIDE OF OLIVE AVENUE, THE WEST SIDE OF EAGLES GLEN STREET, THE NORTH SIDE OF
Packet Pg.1080
THE BOUNDARIES OF TRACT NO. 16457.
AD 1047 -NORTH SIDE OF OHIO AVENUE EAST OF PINE AVENUE AND LANDSCAPING, HARDSCAPE
AND LOCAL TRAIL WITHIN A STRIP OF LAND, BEING THE SAN GABRIEL VALLEY MUNICIPAL WATER
DISTRICT EASEMENT, ALONG THE NORTHWESTERLY PORTION OF LOTS 1 THROUGH 5, ALL WITHIN
TRACT NO. 16547. A 10 FOOT WIDE THINNING AREA, ALONG THE WESTERLY PORTION OF SAID
WATER DISTRICT EASEMENT WILL ALSO BE MAINTAINED.
AD 1052 -BELMONT AVENUE, WESTERLY OF VACATED CHESTNUT AVENUE; PORTIONS OF VACATED
CHESTNUT AVENUE, BETWEEN BELMONT A VENUE AND OHIO A VENUE, INCLUDING PORTIONS OF
LOT "A" AS SHOWN ON THE MAP OF TRACT NO. 16795; PORTIONS OF OHIO A VENUE, WESTERLY OF
VACATED CHESTNUT AVENUE; AND PORTIONS OF OFELIA DRIVE SOUTHWESTERLY OF LANDON
DRIVE.
AD 1055 - EAST SIDE OF PINE AVENUE BETWEEN BELMONT AVENUE AND OHIO A VENUE WITHIN
LOT A, LOT B, NORTHWESTERLY SLOPES OF LOTS 1 AND 19, ALL OF TRACT NO. 17716 AND WITHIN
MWD PROPERTY LEASED BY THE CITY; AND THE MAINTENANCE OF FOUR STORM DRAIN CATCH
BASINS WITH FILTRATION, LOCATED ADJACENT TO LOTS 5, 17, 24, AND 36.
AD 1049 (ADDITIVE NO.1)- SLOPES ALONG PORTIONS OF THE NORTHERLY SIDE OF OHIO AVENUE
AND WITHIN SLOPES ALONG PORTIONS OF THE WESTERLY SIDE OF CHESTNUT AVENUE, AND ALSO
INCLUDING A DRAINAGE CHANNEL NORTH OF TENTATIVE TRACT 14881.
AD 1051 (ADDITIVE NO. 2) - ALONG A 3 FEET BY 1 230 FEET STRIP OF LAND LYING ON THE WEST
SIDE OF Olive AVENUE AND ADJACENT TO LOT 13 AND 14, ALL WITHIN TRACT NO. 17396.
ZONE B
AD 951-ZONE-THE SOUTHERLY SIDE OF KENDALL DRIVE BETWEEN THE SAN BERNARDINO COUNTY
FLOOD CONTROL DEVIL'S CANYON DIVERSION CHANNEL AND BUCKBOARD DRIVE.
AD 951-ZONE 2- THE SOUTHERLY SIDE OF KENDALL DRIVE BETWEEN BUCKBOARD PARK AND SAN
BERNARDINO COUNTY FLOOD CONTROL CABLE CREEK.
AD 952-ZONE 1- THE SOUTHERLY SIDE OF KENDALL DRIVE BETWEEN HE SAN BERNARDINO COUNTY
FLOOD CONTROL DEVIL 'S CANYON DIVERSION CHANNEL AND UNIVERSITY PARKWAY; PORTIONS OF
DEERFIELD STREET, REVERE DRIVE AND CAMBRIDGE AVENUE, ALL SOUTHERLY OF KENDALL DRIVE;
PORTIONS OF SHERIDAN ROAD, EAST AND WEST OF DEERFIELD STREET; THE EASTERLY AND
WESTERLY SIDES OF, AND MEDIAN WITHIN UNIVERSITY PARKWAY, BETWEEN KENDALL DRIVE
AND THE I-215
FREEWAY; PORTIONS OF STATE STREET, EASTERLY OF UNIVERSITY PARKWAY AND PORTIONS OF
COLLEGE AVENUE BETWEEN STATE STREET AND GRAND AVENUE.
952-ZONE 2- THE NORTHERLY SIDE OF KENDALL DRIVE, BETWEEN UNIVERSITY PARKWAY AND THE
NORTH LINE OFTRACTN0.10191; THE EASTERLY AND WESTERLY SIDE OF, AND THE MEDIAN WITH
UNIVERSITY PARKWAY BETWEEN KENDALL DRIVE AND NORTHP ARK BOULEY ARD; THE SOUTHERLY
SIDE OF, AND THE MEDIAN WITHIN NORTHPARK BOULEY ARD, BETWEEN KENDALL DRIVE AND LITTLE
MOUNTAIN DRIVE; OPEN SPACE AREA AT THE SOUTHEASTERLY CORNER OF UNIVERSITY PARKWAY
AND NORTHPARK BOULEY ARD; THE EASTERLY AND WESTERLY SIDES OF LITTLE MOUNTAIN DRIVE,
BETWEEN NORTHP ARK BOULEYARD AND 48TH STREET; PORTIONS OF 48 STREET EAST AND WEST OF
LITTLE MOUNTAIN DRIVE; AND THE EASTERLY SIDE OF LITTLE MOUNTAIN DRIVE, BETWEEN 48TH
STREET AND THE SAN BERNARDINO COUNTY FLOOD CONTROL DEVILS CHANNEL.
AD 952-ZONE 2A- THE EAST SIDE OF SUN VALLEY DRIVE, BETWEEN 48TH STREET AND ITS
NORTHERLY TERMINUS AND THE WEST SIDE OF SUN VALLEY DRIVE BETWEEN LAKE PLACID DRIVE
AND ITS NORTHERLY TERMINUS.
Packet Pg.1081
AD 952-ZONE 3- THE NORTH SIDE OF NORTHPARK BOULEVARD, BETWEEN LITTLE MOUNTAIN
DRIVE AND MOUNTAIN DRIVE.
AD 1002 -BOTH SIDES OF "H" STREET, NORTH OF 53RD STREET AND TREES IN THE SOUTH BANK
OF THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT WHICH ADJOINS TRACT NO. 13554-
4,13554-5 AND 13554-6 ON THE NORTH.
AD 1019- NORTHPARK BOULEVARD, MOUNTAIN DRIVE, HILL DRIVE AND "H" STREET WITHIN TRACT NO.
14448.
AD 1040- THE SLOPE AREAS LOCATED ON THE WESTERLY SIDES OF LOTS 19 THROUGH 22; THE
WESTERLY, SOUTHERLY AND EASTERLY SIDES OF LOT 23; THE WESTERLY AND SOUTHERLY SIDES
OF LOT 24; THE SOUTHERLY SIDES OF LOTS 25 THROUGH 29 ALL WITHIN TRACT NO. 10260 GENERALLY
LOCATED SOUTHERLY OF ARIES LANE, EASTERLY AND WESTERLY OF ACACIA A VENUE AND THE FUEL-
MODIFICATION THINNING AREA LOCATED WITHIN SAN BERNARDINO FLOOD CONTROL RIGHT OF
WAY, NORTHERLY AND ADJACENT TO THE NORTHERLY BOUNDARY OF SAID TRACT NO. 10260.
AD 1046- PORTIONS OF THE PARKWAY AREA LOCATED ON THE SOUTHERLY SIDE OF NORTHPARK
BOULEYARD AND THE EASTERLY SLOPES ALONG NORTHSTAR AVENUE ADJACENT TO LOTS 19 AND
15, ALL WITHIN TRACT NO. 16865.
ZONE C
AD 959-ZJ - KENDALL DRIV E SHANDINHILLS CIRCLE, SHANDIN HILLS DRIVE A O P E N SPACE AND
FIRE BR EAK AREAS lN TRACTS 12995, 1295 8, 1 4252 A D 14253.
AD 1042 - W ESTERLY SIDE OF SHANDIN HILLS DRIV E,THE FUEL MODIFI CATION AREA I THE
WESTERLY AND SOUTHERLY PORTION OF TRACT 14254, A.
ZONE D
A D 982- PIEDMONT DR IVE AND CITRUS STR EET,GENERALLY LOCATED EAST AND WEST OF INDIAN
CANYON COURT AND ALONG THE SOUTH BOUNDARY OF TR ACT 15709, W EST OF BANGOR AVENUE.
AD 1060 (ADDITIVE 1) EASTERLY SIDE OF CHIQUITA LANE NORTH OF DATE STREET, WITHIN THE
R IGHT OF WAY ADJACENT TO TRACT NO. 17576.
ZONE E
AD 993 - THE RETENTION BASIN IN TRACT NO. 14184 AND TRACT NO. 14185 IN THE AREA
GENERALLY SOUTHWEST OF CAJON BOULEYARD AT JUNE STREET.
AD 1005 - THE RETENTION BASIN IN TRACT NO. 14503-1; THE SOUTH SIDE OF CAJON
BOULEVARD BETWEEN PEPPER LINDEN AVENUE AND APPROXIMATELY 110 FEET EASTERLY OF
MAJESTIC AVENUE AND IN LANDSCAPE MAINTENANCE EASEMENTS ALONG THE SOUTHERLY SIDE OF
TRACT NO. 14503-1 BETWEEN CAJON BOULEYARD AND A POINT APPROXIMATELY 425 FEET
SOUTHWESTERLY THEREOF.
AD 1057 - SLOPES ALONG PORTIONS ON THE EASTERLY AND WESTERLY SIDES OF UNIVERSITY
PARKWAY AND THE DETENTION BASIN ALONG THE SOUTHEASTERLY SIDE OF PARCEL MAP NO.17375,
ALSO KNOWN AS LOT 'D.
AD 1064 (ADDITIVE NO.1)- SLOPES ALONG PORTIONS ON THE SOUTHERLY SIDE OF CAJON
BOULEYARD, SOUTHEASTERLY OF GLEN HELEN PARKWAY.
Packet Pg.1082
ZONE F
AD 953- 16TH STREET BETWEEN MEDICAL CENTER DRIVE AND CALIFORNIA STREET; AND
AD 1029- EAST SIDE OF CALIFORNIA STREET NORTH OF 16m STREET AND THE NORTH SIDE OF16TH
STREET EAST OF CALIFORNIA STREET WlTHIN TRACT NO. 13822.
ZONE K
AD 1036 - CAMPUS PARKWAY BETWEEN KENDALL DRIVE AND NORTHPARK BOULEVARD; NORTHPARK
BOULEY ARD FROM CAMPUS PARKWAY TO UNIVERSITY PARKWAY; VALLES DRIVE, BETWEEN CAMPUS
PARKWAY AND SYCAMORE STREET; AND ASH STREET BETWEEN NORTHPARK BOULEY ARD AND
SYCAMORE STREET, AND OPEN SPACE AREAS WITHIN LOTS, "B", "C", "D", "E", "F", "H", "I", "J", "L", "M"
,"N" AND THE REAR SLOPE WITHIN LOTS 152 THROUGH 156 OF SAID TENTATIVE TRACT NO. 16509,
AND LOTS "A" AND "B" OF TRACT NO. 16509-1, OPEN SPACE PASSIVE PARK AT THE CORNER OF
CAMPUS PARKWAY AND NORTHPARK BOULEVARD AND OPEN SPACE PARK AREA LOCATED ON
THE NORTHEAST CORNER OF KENDALL DRIVE AND CAMPUS PARKWAY.
AD 1054 (ADDITIVE NO.1))- NORTHERLY SIDE OF CAMPUS PARKWAY; PORTIONS OF THE OPEN SPACE
LOCATED ALONG THE SOUTHWESTERLY SIDE OF TRACT NO. 17699, AND PORTIONS OF THE WATER
DEPARTMENT PROPERTY--NORTHEASTERLY OF THE TRACT.
NEW ADDITIONS
ZONE G
AD 974 –THE SOUTH SIDE OF RIALTO AVENUE GENERALLY BETWEEN PEPPER AVENUE AND
EUCALYPTUS AVENUE; AND
AD 975 –MILL STREET WEST OF PEPPER AVENUE, PEPPER AVENUE NORTH AND SOUTH OF
MILL STREET AND EUCALYPTUS AVENUE NORTH AND SOUTH OF MILL STREET; AND
AD 981 –THE EAST SIDE OF MERIDIAN AVENUE BETWEEN RANDALL AVENUE AND MILL
STREET, THE NORTH SIDE OF RANDALL AVENUE EAST OF MERIDIAN AVENUE AND THE
DRAINAGE AREA ON THE NORTH SIDE OF PLEASANT WAY, EAST OF MERIDIAN; AND
AD 986 –THE SOUTH SIDE OF RIALTO AVENUE EAST AND WEST OF MACY STREET AND THE
RETENTION BASIN AT MACY STREET AND WALNUT AVENUE; AND
AD 989 –THE SOUTH SIDE OF MILL STREET BETWEEN MACY AND THE RAILROAD RIGHT OF WAY;
AND
AD 1001 –EDISON EASEMENT AREA ON THE SOUTH SIDE OF BIRCH STREET, WEST OF
PENNSYLVANIA AVENUE AND LOT “A” OF TRACT NO. 14118; AND
Packet Pg.1083
AD 1007 –THE EAST SIDE OF PEPPER AVENUE AND WEST SIDE OF MERIDIAN AVENUE NORTH
OF RANDALL AVENUE; AND
AD 1012 –POPLAR STREET, MILL STREET AND BURNEY STREET AND WITHIN CERTAIN
LANDSCAPE EASEMENTS ALONG LOTS 8 THROUGH 16, ALL WITHIN TRACT NO. 15093; AND
AD 1020 –THE SOUTH SIDE IF MILL STREET AT DALLAS AVENUE;
AD 1050 – THE WEST SIDE OF PEPPER AVENUE, THE SOUTH SIDE OF RIALTO AVENUE WEST OF
PEPPER AVENUE, AND THE NORTHERLY SIDE OF PAJA DRIVE, REFERENCED AS “B” COURT ON
THE MAP OF SAID TENTATIVE TRACT NO. 17076; AND
AD 1048 – THE NORTH SIDE OF RANDALL AVENUE AND THE WEST SIDE OF EUCALYPTUS
WITHIN TRACT NO. 17273.
ZONE H
AD 956 –THE AREA EAST OF GAGE CANAL TO INCLUDE THE EAST END OF HARRIMAN PLACE,
HOSPITALITY LANE, BRIER DRIVE, TIPPECANOE AVENUE SOUTH OF BRIER DRIVE, AND THE
DRAINAGE BASIN ALONG THE I-10 FREEWAY; AND
AD 968 –THE MEDIAN STRIP OF AIRPORT DRIVE, BETWEEN COMMERCENTER EAST AND
COMMERCENTER WEST; AND
AD 1016 –THE NORTH SIDE OF COULSTON STREET BETWEEN ROSENA AVENUE AND CURTIS
STREET; AND
AD 1023 – SOUTH SIDE OF COULSTON AVENUE, BETWEEN ELM AVENUE AND RICHARDSON
STREET AND THE EAST SIDE OF ELM AVENUE, SOUTH OF COULSTON STREET; AND
AD 1027 – WATERMAN AVENUE, SOUTH OF COMMERCIAL ROAD; WASHINGTON AVENUE
BETWEEN WATERMAN AVENUE AND WIER ROAD AND PORTIONS OF COMMERCIAL ROAD,
FOXCROFT WAY, WIER ROAD, HERITAGE LANE AND CAROL WAY, ALL WITHIN TRACT NOS. 15991
AND 15826; AND
AD 1045 – THE EAST SIDE OF WATERMAN AVENUE
AD 1059 - THE MEDIAN WITHIN ORANGE SHOW ROAD, BETWEEN TIPPECANOE AVENUE AND THE
NORTHERLY BOUNDARY OF PARCEL MAP NO. 17132; AND
AD 1038 - THE NORTH SIDE OF ORANGE SHOW ROAD, EAST OF ARROWHEAD AVENUE, THE
EAST SIDE OF ARROWHEAD AVENUE, NORTH OF ORANGE SHOW ROAD, THE NORTH AND
SOUTH SIDES OF ORANGE SHOW LANE, EAST OF ARROWHEAD AVENUE AND THE WEST SIDE
OF SIERRA WAY, NORTH OF ORANGE SHOW LANE, ALL WITHIN PARCEL MAP NO. 16222.
Packet Pg.1084
ZONE I
AD 1024 - THE EASTERLY SIDE OF INLAND CENTER, SOUTH OF RIVERWALK DRIVE, THE
NORTHERLY SIDE OF RIVERWALK DRIVE, EAST OF INLAND CENTER DRIVE AND THE EASTERLY
SIDE OF SCENIC DRIVE AND PORTIONS OF LOT “A” WITHIN TRACT NO. 14706.
ZONE J
AD 1022 ZONE 1 – TIPPECANOE AVENUE, BETWEEN 3RD STREET AND HARRY SHEPPARD
BOULEVARD, DEL ROSA DRIVE, BETWEEN 3RD STREET AND HARRY SHEPPARD BOULEVARD;
AND
AD 1022 ZONE 2 – TIPPECANOE AVENUE, BETWEEN HARRY SHEPPARD BOULEVARD AND MILL
STREET; MILL STREET WEST OF TIPPECANOE; TIMBER CREEK, BETWEEN TIPPECANOE AVENUE
AND LENA ROAD; AND
AD 1022 ZONE 3 – MILL STREET, WEST OF TIPPECANOE AVENUE; AND
AD 1063 –LENA ROAD, SOUTH OF CENTRAL AVENUE; CENTRAL AVENUE BETWEEN LENA ROAD
AND CLEVENGER ROAD; CLEVENGER ROAD BETWEEN CENTRAL AVENUE AND NORMAN ROAD;
NORMAN ROAD, WEST OF CLEVENGER ROAD; AND
AD 1068 – CENTRAL AVENUE, BETWEEN MOUNTAIN VIEW AVENUE AND TIPPECANOE AVENUE;
TIPPECANOE AVENUE, SOUTH OF CENTRAL AVENUE.
Packet Pg.1085
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:July 20, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Amendment No. 2 to Agreement with Kabbara Engineering for
Pepper Avenue Rehabilitation Project (Wards 3, 6)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute all documents in support of
Amendment No. 2 to the Professional Engineering Services Agreement with Kabbara
Engineering for design services related to the Pepper Avenue rehabilitation from
Baseline Road to Mill Street.
Background
Pepper Avenue from Baseline Road to Mill Street was previously identified in the City’s
approved Pavement Management Analysis as having a remaining service life of 2 years
and in need of immediate rehabilitation. The project, in general, will consist of but not be
limited to pavement rehabilitation; grind 1 ½” to 2” of existing asphalt at Pepper Avenue
between Baseline Road and Mill Street for total of approximately 2 miles, repair of
damaged portions, and overlay with new asphalt and restripe. This project will also
include the replacement of damaged curbs, gutters, and sidewalks within the project
limits.
On February 17, 2021, the Mayor and City Council awarded a Professional Services
Agreement with Kabbara Engineering for engineering design services for Pepper
Avenue project in the amount of $234,911.
On February 2, 2022, the Mayor and City Council approved Amendment No. 1 to the
Master Agreement, for the purpose of including additional funds of $6,120 for the
performance of services under the Master Agreement.
Discussion
Kabbara Engineering is requesting fees to complete additional right of way acquisition
work, escrow coordination, and file closeout for the Pepper Avenue rehabilitation
project. The additional scope of work for the project is attached hereto as Exhibit A.
The City and Kabbara Engineering now desire to amend the Master Agreement to
increase the contract amount by $4,500 increasing the purchase order to a total amount
Packet Pg.1086
not to exceed amount of $245,531.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial
Capacity by leveraging existing resources to provide needed improvements at Pepper
Avenue for safer and better traffic flow, ADA access for pedestrian safety, and enhance
services to the community.
Financial Impact
There is no General Fund impact associated with this action. Sufficient funds are available
in the current Capital Improvement Plan (CIP) budget to absorb the contract amount.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute all documents in support of
Amendment No. 2 to the Professional Engineering Services Agreement with Kabbara
Engineering for design services related to the Pepper Avenue rehabilitation from
Baseline Road to Mill Street.
Attachments
Attachment 1 Amendment No. 2 – Kabbara Engineering
Attachment 2 Exhibit A - Scope of Services
Attachment 3 Original Agreement
Attachment 4 Amendment No. 1 – Signed
Ward: Third Ward; Sixth Ward
Synopsis of Previous Council Actions:
February 17, 2021 Mayor and City Council adopted Resolution 2021-34 agreement
with Kabbara Engineering to provide the design of Pepper
Avenue Rehabilitation from Baseline Road to Mill Street.
February 2, 2022 Mayor and City Council adopted Resolution 2022-18 First
Amendment to the Professional Services Agreement with
Kabbara Engineering
Packet Pg.1087
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
WITH KABBARA ENGINEERING
(PEPPER AVENUE REHABILITATION PROJECT)
This Second Amendment to the Professional Services Agreement is made and
entered into as of August 3, 2022 (“Effective Date”), by and between the City of San
Bernardino, a charter city and municipal corporation (“City”) and Kabbara Engineering, a
sole proprietorship (“Consultant”). City and Consultant are sometimes referred to herein
individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement,
dated, February 17, 2021, for the purpose of providing professional services for the
Pepper Avenue rehabilitation from Baseline Road to Mill Street project (the “Master
Agreement”).
B. WHEREAS, the City and the Consultant have entered into the First
Amendment to the Master Agreement, dated February 2, 2022, for the purpose of
including additional services, amending the term provisions, and including additional
funds for the performance of services under the Master Agreement.
C. WHEREAS, the Parties now desire to amend the Master Agreement in
order to include additional services and to include additional funds for the performance of
services under the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants,
conditions, and promises contained in this Second Amendment and the Master
Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct
and are hereby incorporated herein by this reference.
2. Services. The Services, as that term is defined in the Master Agreement,
shall be amended to include additional professional services required for right of way
acquisition services, escrow coordination, and file closeout for the Pepper Avenue
Rehabilitation Project. The additional services are more fully described in Exhibit “A”,
attached to this Second Amendment and incorporated herein by this reference. These
additional services shall be billed at the rates set forth in Exhibit “A”.
3. Compensation. The total not to exceed compensation amount shall be
increased by Four Thousand Five Hundred Dollars ($4,500.00) increasing the total not
to exceed compensation amount from Two Hundred Forty-One Thousand Thirty-One
Packet Pg.1088
Dollars ($241,031.00) to Two Hundred Forty-Five Thousand Five Hundred Thirty-One
Dollars ($245,531.00).
4. Full Force. Except as amended by this Second Amendment, all provisions
of the Master Agreement, as previously amended, including without limitation the
indemnity and insurance provisions, shall remain in full force and effect and shall govern
the actions of the Parties under this Second Amendment.
5. Electronic Transmission. A manually signed copy of this Second
Amendment which is transmitted by facsimile, email or other means of electronic
transmission shall be deemed to have the same legal effect as delivery of an original
executed copy of this Second Amendment for all purposes. This Second Amendment
may be signed using an electronic signature.
6. Counterparts. This Second Amendment may be signed in counterparts,
each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg.1089
SIGNATURE PAGE FOR
SECOND AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
WITH KABBARA ENGINEERING
(PEPPER AVENUE REHABILITATION PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Second
Amendment on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field,
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
KABBARA ENGINEERING
Signature
Name
Title
Packet Pg.1090
EXHIBIT A
ADDITIONAL SCOPE OF SERVICES
[ATTACHED]
Packet Pg.1091
1
601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705
T (714) 744-9400 • F (714) 617-5974
EXHIBIT “A”
June 6, 2022
CITY OF SAN BERNARDINO
Public Works Department
City of San Bernardino
290 North “D” Street
San Bernardino, CA 92401
Attention: Mr. Alex Qishta, P.E., Deputy Director of Public Works/City Engineer
Subject: Request for Amendment #2 – Additional R/W Acquisition Services for the Design of
Pepper Avenue Rehabilitation Project (from Baseline Road to Mill Street)
Dear Mr. Qishta:
Per our discussion, attached herewith for your review and consideration is our fee proposal for Amendment
#2 for the additional fees requested by our subconsultants (Overland, Pacific & Cutler, LLC (OPC)) to
complete the right-of-way acquisition work, escrow coordination and file closeout for the Pepper Avenue
Rehabilitation Project.
Unfortunately, the owner who was involved in our preliminary coordination and negotiations passed away
recently, and additional review of the legal description, exhibit, coordination and negotiations were required
with the owner’s wife and her new real estate representative, to complete the R/W acquisition at the
southeast corner of Pepper Avenue and Etiwanda Avenue (797 Pepper Ave), as required for the subject
street rehabilitation project. Our fixed fee proposal for these additional services, including project
management, coordination and subconsultant fees, is as follows:
Contract Summary & Amendment #2 - Additional R/W Acquisition Services
Pepper Avenue Rehabilitation Project
Original Contract Amount (Professional Services Agreement dated 2/17/2021) $ 234,911.00
Amendment #1 (First Amendment dated February 2, 2022) $ 6,120.00
TOTAL CONTRACT AMOUNT $ 241,031.00
Amendment #2 (Requested Herewith):
Kabbara Engineering $ 1,200.00
Overland, Pacific & Cutler, LLC $ 3,300.00
Amendment #2 Total Fixed Fee Proposal $ 4,500.00
TOTAL CONTRACT AMOUNT (with Amendment #2) $ 245,531.00
*includes10% administrative charge on subconsultant expense
Packet Pg.1092
2
601 N. Parkcenter Drive, Suite 205, Santa Ana, CA 92705
T (714) 744-9400 • F (714) 617-5974
EXHIBIT “A”
As you know, the Pepper Avenue Rehabilitation Project was advertised and had a bid opening on June 2,
2022.
Per Section 6 of our First Amendment to Professional Services Agreement with Kabbara Engineering, the
terms of our current Agreement are through completion of services, or December 30, 2024.
Since our current Agreement includes construction engineering support services during the construction
phase of the project, based on the current anticipated construction schedule, no change in the current term of
the Agreement is anticipated or requested herewith.
Thank you for this opportunity to be of service. If you have any questions or need additional information,
please contact me at the address below, telephone: (714) 744-9400, extension 22, or email at
leah@kabbara.net.
Sincerely,
KABBARA ENGINEERING
Leah Kabbara, PE, QSD
PRINCIPAL ENGINEER
Packet Pg.1093
Packet Pg.1094
Packet Pg.1095
Packet Pg.1096
Packet Pg.1097
Packet Pg.1098
Packet Pg.1099
Packet Pg.1100
Packet Pg.1101
Packet Pg.1102
Packet Pg.1103
Packet Pg.1104
Packet Pg.1105
Packet Pg.1106
Packet Pg.1107
Packet Pg.1108
Packet Pg.1109
Packet Pg.1110
Page 1
2
4
8
City of San Bernardino
Request for Council Action
CONSENT CALENDAR
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager
Daniel Hernandez, Agency Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Amendment No. 1 to Agreement with RHA Landscape Architects –
Planners, Inc. for Nicholson Park Design (Ward 6)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 1 to the Professional Design Service Agreement with
RHA Landscape Architects - Planners, Inc. adding extra design services in the amount of
$197,250 and increasing the purchase order to a total amount not-to-exceed $412,545
for the preliminary design of the Nicholson Park.
Background:
Nicholson Neighborhood Park, located at 2737 West 2nd Street, is a City-owned 9.52-
acre park facility that includes recreational amenities and a community center building.
The recreational area of the park currently consists of two baseball diamonds with a
concession/score keeper area (restroom included), a community garden, outdoor
basketball court, picnic shelter, 10 picnic tables, two barbeque grills, a playground area,
restrooms, and parking lot. While the park area continues to see some general community
use, the community center building has been closed for programming for several years
due to financial challenges.
Over the past several years, and due to lack of programmed activity at the site, Nicholson
Neighborhood Park has become a target for vandalism. Many of the supporting
outbuildings, irrigation, and lighting systems have been damaged beyond repair. During
preparation of the FY 2020/21 Capital Improvement Plan (CIP), staff recommended
rehabilitation of the park to return the property to a safe and attractive condition.
Restoration of the park and its amenities will assist in drawing positive activities back to
the area and restore recreational opportunities for the surrounding neighborhood.
On June 24, 2020, the Mayor and City Council approved Resolution No. 2020-128
adopting the City’s Annual Operating Budget for Fiscal Year 2020/21. The budget
included CIP Project PR21-006 for Nicholson Neighborhood Park Improvements
(“Project”). Funding to support the Project has been established in the amount of Packet Pg.1111
Page 2
2
4
8
$1,000,000 in Community Development Block Grant (CDBG) funding and $150,000 in
Meadowbrook Insurance Claim funds, for a total Project budget of $1,150,000.
On March 3, 2021, the Mayor and City Council adopted Resolution No, 2021-37 approving
award of a Design Services Agreement with RHA Landscape Architects-Planners, Inc. for
the Nicholson Park Improvements in the amount of $215,295.
On February 2, 2022, the Mayor and City Council allocated $8,850,000 in ARP (American
Rescue Plan) funds to complete the project.
Discussion:
The City of San Bernardino entered into an agreement with RHA Landscape Architects -
Planners, Inc. on March 3, 2021, to provide services for the design of the Nicholson
Neighborhood Park. Those services are architecture, civil engineering, landscape
architecture, and cost estimating.
RHA Landscape Architects - Planners, Inc. conducted a community meeting with citizens
on August 26, 2021. Community members provided comments on how the park will look
like and discussed their preference of amenities such as: the walking trail, fencing,
additional parking lot on Meridian Street, and the creation of a pickle ball court have
triggered additional design services above and beyond the original contract services.
Additionally, the Parks and Recreation Department requested a structure engineer
evaluate the current Community Center and prepare plans and specification for
improvements to be constructed when funding become available.
2021-2025 Key Strategic Targets and Goals:
Authorization of this agreement aligns with Key Target No. 4: Economic Growth &
Development. The additional amenities to Nicholson Neighborhood Park will improve
community participation for new recreational activities.
Financial Impact:
There is no General Fund Impact associated with this action. Meadowbrook Insurance
Claim funding in the amount of $150,000 and CDBG Funds in the amount of $1,000,000
were previously approved by the Mayor and City Council for the Nicholson Neighborhood
Park Improvements. Additionally, Council allocated $8,850,000 in ARP (American Rescue
plan) funds at the Feb 2, 2022, Mayor and City Council meeting.
Funding for additional design services for the Project will be supported from CDBG Funding
in the amount of $197,250.
Conclusion:
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve Amendment No. 1 to the Professional Service Agreement with RHA
Landscape Architects - Planners, Inc. adding extra design services in the amount of
$197,250 and increasing the purchase order to a total amount not-to-exceed $412,545 for
the preliminary design of the Nicholson Park.
Attachments:
Attachment 1 Amendment No. 1 – RHA
Attachment 2 Exhibit A - Scope of Services
Attachment 3 Original Agreement
Packet Pg.1112
Page 3
2
4
8
Ward: 6
Synopsis of Previous Council Actions:
March 3, 2021 Resolution 2021-37 adopted agreement with RHA Landscape
Architects - Planners, Inc. to provide the design services for the
Nicholson Neighborhood Park.
Packet Pg.1113
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
This Amendment No. 1 to the Design Services Agreement is made and entered
into as of August 3, 2022 (“Effective Date”), by and between the City of San Bernardino,
a charter city and municipal corporation (“City”) and RHA Landscape Architects-Planners,
Inc., a California corporation (“Designer”). City and Designer are sometimes referred to
herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Designer have entered into an agreement,
dated, March 3, 2021, for the professional design of the Nicholson Neighborhood Park
Project (the “Master Agreement”).
B. WHEREAS, the City has previously exercised its six (6) month extension
option, extending the term of the Master Agreement through June 30, 2022.
C. WHEREAS, the Parties now desire to amend the Master Agreement in
order to include additional services, extend the term of the Master Agreement, and to
provide compensation for the additional services.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants,
conditions, and promises contained in this Amendment No. 1 and the Master Agreement,
the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and
are hereby incorporated herein by this reference.
2. Services. The Services, as that term is defined in the Master Agreement,
are hereby amended to include additional services related to the Nicholson Neighborhood
Park Improvements Project. The additional services are more fully described in Exhibit
“A-1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.
3. Amendment to Section 3.1.2 of the Master Agreement. Section 3.1.2 of the
Master Agreement shall be amended to read as follows:
“3.1.2 Term. The term of this Agreement shall be from March 03, 2021 to
December 30, 2022, unless earlier terminated as provided herein. Designer shall
complete the Services within the term of this Agreement, and shall meet any other
established schedules and deadlines.”
4. Compensation. The total not to exceed compensation amount shall be
increased by One Hundred Ninety-Seven Thousand Two Hundred Fifty Dollars and Zero
Cents ($197,250.00) increasing the total not to exceed compensation amount from Two
Packet Pg.1114
Hundred Fifteen Thousand Two Hundred Ninety-Five Dollars and Zero Cents
($215,295.00) to Four Hundred Twelve Thousand Five Hundred Forty-Five Dollars and
Zero Cents ($412,545.00).
5. Full Force. Except as amended by this Amendment No. 1, all provisions of
the Master Agreement, including without limitation the indemnity and insurance
provisions, shall remain in full force and effect and shall govern the actions of the Parties
under this Amendment No. 1.
6. Electronic Transmission. A manually signed copy of this Amendment No. 1
which is transmitted by facsimile, email or other means of electronic transmission shall
be deemed to have the same legal effect as delivery of an original executed copy of this
Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an
electronic signature.
7. Counterparts. This Amendment No. 1 may be signed in counterparts, each
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Pg.1115
SIGNATURE PAGE TO
AMENDMENT NO. 1 TO
DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS-PLANNERS, INC.
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.
1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Robert D. Field,
City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
DESIGNER
RHA LANDSCAPE ARCHITECTS-
PLANNERS, INC.
Signature
Name
Title
Packet Pg.1116
EXHIBIT A-1
SCOPE OF ADDITIONAL SERVICES
[ATTACHED]
Packet Pg.1117
6800 INDIANA AVENUE, SUITE 245, RIVERSIDE, CALIFORNIA 92506
(951) 781-1930 LICENSE #2799 FAX (951) 686-8091
ADDITIONAL FEE REQUEST
TO: Date:
Project:
RHA Project No.
Request No.
Dear Alex,
RHA Landscape Architects-Planners, Inc. has developed the following scope of services and fee schedule for design
services required on the Nicholson Park project. These services are being provided to you in addition to the
original contract.
Scope of Services
Alex Qishta
City of San Bernardino
Public Works
Engineering Division
290 North D Street
San Bernardino, CA 92401
May 31, 2022
Nicolson Park
21112
1
1. Walking path with exercise stations and lighting
2. Additional parking lot along Meridian
3. Expanded parking lot on 2nd Street
4. Pickleball courts with lights
5. Undergrounding electrical service and moving into the snack bar storage room
6. (2) new Picnic Shelters
7. Lighting and resurfacing the existing basketball court
8. Perimeter fence and parking lot gates
9. Electric car charging stations
10. Backfeed electrical power to community center from new service
11. Attend site meeting with Owner and power company planner to determine off-site connection and
utility transformer location for new park metered main service
12. Attend site meeting with Owner and telephone company planner to determine off-site connection and
underground raceway requirements for future reconnection to existing community building
13. Attend site meeting with Owner and cable company planner to determine off-site connection and
underground raceway requirements for future reconnection to existing community building
14. Design new park main metered service large enough to feed existing community building in future or
coordinate with local power utility company to design underground raceways to off-site location for
future reconnection to existing community building
15. Prepare architectural drawings, specifications and estimates for the Nicholson Park Community Center
renovation
Packet Pg.1118
Nicolson Park May 31, 2022
Alex Qishta Page 2 of 2
RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.
Fee (refer next page for hourly fee breakdown)
This additional work authorization is an addendum to the existing contract. The terms and conditions of the
original contract are applicable to this addendum. Subsequent to your review of the above referenced scope of
services, please sign and return this form to RHA Landscape Architects-Planners, Inc. A PDF version via email is
sufficient.
Cordially, Authorized by:
RHA Landscape Architects-Planners, Inc. City of San Bernardino
Doug Grove, RLA, ASLA, LEED AP By: __________________________________
President Date: ______________________________
1. Landscape Architecture $43,500
2. Civil Engineering $30,000
3. Electrical Engineering $33,750
4. Architecture $90,000
TOTAL $197,250
Packet Pg.1119
Nicholson Park RHA Landscape Architects-Planners, Inc.
Additional Scope of Work 05/31/22
Principal Project
Manager
Landscape
Designer Principal Project
Manager Staff Principal Project
Manager Staff Principal Project
Manager t
$190 $140 $100 $200 $165 $125 $200 $160 $150 $150 $100
Grading and Drainage for Additional Parking Lot 4 8 8 20 26 9,510$
Walking Path with Exercise Stations layout and detailing 10 30 7 20 8,055$
New Parking Lot along Meridian 10 26 4,000$
Pickleball Courts with Lights layout and detailing 4 16 32 2 16 8,530$
Perimeter Fencing and Gates layout and detailing 2 13 38 3 8 7,495$
Two New Picnic Shelters layout and detailing 2 9 22 4 8 5,500$
New Elements WQMP Calcs and Design 8 16 24 7,240$
Electrical engineering for Underground Service 2 4 16 24 30 12,220$
Electrical engineering for Charging Stations in Parking Lot 2 4 8 15 4,210$
Electrical engineering for Basketball, Pickleball, and Parking Lot 2 4 7 10 16 6,080$
Electrical engineering for backfeed of power to Community Center 16 18 20 9,080$
Community Center renovation - Architectural 30 20 146 279 58,300$
Community Center renovation - Engineering 140 192 40,200$
Project Management 12 12 8 8 8 8 9,760$
Specifications 6 10 8 3 2 3,940$
Estimate of Probable Costs 4 8 2 2 4 2 2 3,130$
TOTAL HOURS 50 110 186 26 70 106 47 73 85 286 471 1,510
TOTAL DOLLARS 197,250$
TASK
RHA Landscape Architects-Planners,
Inc.David Beckwith Engineering JCA Electrical Engineering B0A Architecture
TOTAL
$43,500 $30,000 $33,750 $90,000
Packet Pg. 1120
Packet Pg.1121
Packet Pg.1122
Packet Pg.1123
Packet Pg.1124
Packet Pg.1125
Packet Pg.1126
Packet Pg.1127
Packet Pg.1128
Packet Pg.1129
Packet Pg.1130
Packet Pg.1131
Packet Pg.1132
Packet Pg.1133
Packet Pg.1134
Packet Pg.1135
Packet Pg.1136
Packet Pg.1137
Packet Pg.1138
Packet Pg.1139
Packet Pg.1140
Packet Pg.1141
Packet Pg.1142
Packet Pg.1143
Packet Pg.1144
Packet Pg.1145
Packet Pg.1146
Packet Pg.1147
Packet Pg.1148
Packet Pg.1149
Packet Pg.1150
Packet Pg.1151
Packet Pg.1152
Packet Pg.1153
Packet Pg.1154
Packet Pg.1155
Packet Pg.1156
Packet Pg.1157
Packet Pg.1158
4
3
1
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Final Reading and Adoption of Ordinance No. MC-1587 –
Annexation No. 23 (Ward 7)
Recommendation
Adopt Ordinance No. MC-1587 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 2022-2023 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).
Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was
set for July 17, 2019 for the issue of establishment of the community facilities district.
Discussion
On June 15, 2022, the Mayor and City Council opened and continued the public
hearing for Ordinance No. MC-1587 until July 20, 2022. On July 20, 2022, Ordinance
No. MC-1587 was introduced by the Mayor and City Council. The Ordinance is now
Packet Pg.1159
4
3
1
being returned to the Mayor and City Council for adoption. The Ordinance will become
effective 30 days from the date of adoption.
2021-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All
costs associated with annexing property into the District has been borne by the
Property Owner. By annexing the subject property into the District, the costs of
maintaining improvements located within the development will be financed through
special taxes levied on the parcels within CFD 2019-1 and not through the City’s
General Fund.
Conclusion
Adopt Ordinance No. MC-1587 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 2022-2023 to pay the annual costs of the
maintenance and servicing of landscaping, lighting, water quality improvements,
graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital
replacement, and administrative expenses with respect to City of San Bernardino
Community Facilities District No. 2019-1 (Maintenance Services).
Attachments
Attachment 1 Ordinance No. MC-1587 (Ordinance Levying Special Taxes)
Attachment 2 Exhibit A – Description of Services
Attachment 3 Exhibit B – Description of Territory
Attachment 4 Project Location Map
Ward: Seventh Ward
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982.”
Packet Pg.1160
4
3
1
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178
establishing Community Facilities District No. 2019-1;Resolution No.
2019-179 declaring election results for Community Facilities District
No. 2019-1; and conducted the first reading of Ordinance MC-1522
levying special taxes to be collected during FY 2019-20 to pay annual
costs of maintenance, services and expenses with respect to
Community Facilities District No. 2019-1.
August 7, 2019 Mayor and City Council conducted the final reading of Ordinance No.
MC-1522 levying special taxes to be collected during FY 2019-20 to
pay annual costs of maintenance services and expenses with
respect to Community Facilities District No. 2019-1.
May 4, 2022 Mayor and City Council adopted Resolution No. 2022-80, a
Resolution of Intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San
Bernardino (the “Resolution of Intention”), pursuant to the provisions
of the “Mello-Roos Community Facilities Act of 1982.”
June 15, 2022 The Mayor and City Council continued the Public Hearing until July
20, 2022 at the request of the Property Owner.
July 20, 2022 Mayor and City Council adopted Resolution No. 2022-11 calling an
election to submit to the qualified electors the question of levying a
special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Annexation No. 23) and adopted
Resolution No. 2022-119 declaring election results for Community
Facilities District No. 2019-1 (Annexation No. 23); and introduced
Ordinance No. MC-1587 amending Ordinance MC-1522.
Packet Pg.1161
Ordinance No. MC-1587
1
ORDINANCE NO. MC-1587
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 2022-2023 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 June 15, 2022, 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, the Mayor and City Council continued the public hearing until July 20, 2022,
at the request of the property owner; 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
Packet Pg.1162
Ordinance No. MC-1587
2
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2022.
Packet Pg.1163
Ordinance No. MC-1587
3
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.1164
Ordinance No. MC-1587
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1587, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-1587
was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.1165
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Pg.1166
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of July 20, 2022)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
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
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC
0134-054-02 (Por.), -07 (Por.),
-08(Por.), -09 (Por.), -20 (Por.),
-24, -25, -33
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 To Be Determined
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 To Be Determined
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
Packet Pg.1167
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 24 Packet Pg. 1168
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations, and
Maintenance
Department:Public Works
Subject:Final Reading and Adoption of Ordinance MC-1586 –
Annexation No. 20 (Ward 7)
Recommendation
Adopt Ordinance MC-1586 of the Mayor and City Council of the City of San Bernardino,
California, amending Ordinance MC-1522 and levying special taxes to be collected
during Fiscal Year 2022-2023 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).
Background
On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a
Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance
Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the
provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was
set for July 17, 2019, for the issue of establishment of the community facilities district.
Discussion
On July 20, 2022, the Mayor and City Council introduced, read by title only, and waived
further reading of Ordinance MC-1586. The Ordinance is now being returned to the
Mayor and City Council for adoption. The Ordinance will become effective 30 days from
Packet Pg.1169
the date of adoption.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial
Capacity and Key Target No 4. Economic Growth & Development. This project will
contribute to ensure that the City is clean and attractive and provide infrastructure
designed for long term economic growth.
Fiscal Impact
There is no fiscal impact associated with the recommended action of this item. All
costs associated with annexing property into the District has been borne by the
Property Owner. By annexing the subject property into the District, the costs of
maintaining improvements located within the development will be financed through
special taxes levied on the parcels within CFD 2019-1 and not through the City’s
General Fund.
Conclusion
Adopt Ordinance MC-1586 of the Mayor and City Council of the City of San Bernardino,
California, amending Ordinance MC-1522 and levying special taxes to be collected
during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing
of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping,
parks and trail maintenance, a reserve fund for capital replacement, and administrative
expenses with respect to City of San Bernardino Community Facilities District No.
2019-1 (Maintenance Services).
Attachments
Attachment 1 – Ordinance MC-1586 (Ordinance Levying Special Taxes)
Attachment 2 – Exhibit A – Description of Services
Attachment 3 – Exhibit B – Description of Territory
Attachment 4 – Project Location Map
Ward:
Seventh Ward
Synopsis of Previous Council Actions:
June 5, 2019 - Mayor and City Council adopted Resolution No. 2019-81, a Resolution
of Intention to form Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino (the “Resolution
of Intention”), pursuant to the provisions of the “Mello-Roos Community
Facilities Act of 1982.”
July 17, 2019 - Mayor and City Council adopted Resolution No. 2019-178 establishing
Community Facilities District No. 2019-1; Resolution No. 2019-179
declaring election results for Community Facilities District No. 2019-1;
and conducted the first reading of Ordinance MC-1522 levying special
Packet Pg.1170
taxes to be collected during FY 2019-20 to pay annual costs of
maintenance, services and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 - Mayor and City Council conducted the final reading of Ordinance 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
May 4, 2022 - Mayor and City Council adopted Resolution No. 2022-84, a Resolution
of Intention to annex territory into Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello-
Roos Community Facilities Act of 1982.”
July 20, 2022 - Mayor and City Council adopted Resolution No. 2022-116 calling an
election to submit to the qualified electors the question of levying a
special tax within the area proposed to be annexed to Community
Facilities District No. 2019-1 (Annexation No. 20) and adopted
Resolution No. 2022-117 declaring election results for Community
Facilities District No. 2019-1 (Annexation No. 20); and introduced
Ordinance No. MC-1586 amending Ordinance MC-1522.
Packet Pg.1171
Ordinance No. MC-1586
1
ORDINANCE NO. MC-1586
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 2022-2023 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 June 15, 2022, 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, the Mayor and City Council continued the public hearing until July 20,2022,
at the request of the Property Owner; 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
Packet Pg.1172
Ordinance No. MC-1586
2
Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District"
(the "Resolution of Formation") which resolution established the Community Facilities District,
authorized the levy of a special tax within the District, and called an election within the District on
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 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the
District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant
to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad
valorem property taxes are collected and shall be subject to the same penalties and the same
procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.
SECTION 3.Transmittal to County. The City Clerk shall immediately following
adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County
Auditor of the County of San Bernardino together with a request that the special taxes as levied
hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the
ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.
SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San
Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a
newspaper of general circulation and published and circulated in the City in a manner permitted
under section 36933 of the Government Code of the State of California.
SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after
its adoption.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ____ day of _______, 2022.
Packet Pg.1173
Ordinance No. MC-1586
3
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.1174
Ordinance No. MC-1586
4
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-1586, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the 20th day of July 2022. Ordinance No. MC-1586 was
approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.1175
EXHIBIT A
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
Packet Pg.1176
EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
SPECIAL TAX FISCAL YEAR 2022-23
(Effective as of July 20, 2022)
ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98 0142-041-43
Cauffman Family Trust 5/4/11 0142-041-46
1 17329, LLC 0348-111-52, 0261-031-10, -11,
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
6 San Bernardino Medical Center, LLC 0147-114-01
7 ICO Fund VI, LLC 0281-161-48
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27
(Por.), 0137-052-46, 0274-011-11,
-12, -34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC
0134-054-02 (Por.), -07 (Por.),
-08(Por.), -09 (Por.), -20 (Por.),
-24, -25, -33
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 To Be Determined
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 To Be Determined
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08
23 Vone SB, LLC 0272-161-17 and -18
Packet Pg.1177
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 21 Packet Pg. 1178
5
1
2
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Robert D. Field, City Manager;
Daniel Hernandez, Agency Director of Public Works, Operations and
Maintenance
Department:Public Works
Subject:Resolution Approving Acceptance of Grant Funds from the
Clean California Local Grant Program (Ward 1)
Recommendation
Adopt Resolution No. 2022-174 of the Mayor and City Council of the City of San
Bernardino, California, approving acceptance of grant funds from the Clean California
Local Grant Program in the amount of $722,727, and authorizing a budget amendment
to reflect acceptance of the grant funds, and authorizing the City Manager or designee
to expend the funds and complete any contract documents associated with the grant.
Background
The Clean California Local Grant Program is a competitive statewide program created
to beautify and clean up local streets and roads, tribal lands, parks, pathways, transit
centers, and enhance public spaces. Assembly Bill 149 (SEC. 16) created the Clean
California Local Grant Program of 2021, and it was codified under Streets and Highway
Code §91.41. This program is one part of the $1.1 billion-dollar Clean California
initiative that takes direct aim at the time and resources spent by Caltrans and its
partners in collecting, recycling, and disposing of litter and hazardous waste.
It was determined that the City complied with all of the grant conditions and was awarded
funding in the amount of $722,772. Staff is recommending the Mayor and City Council
adopt Resolution No. 2022-174 approving acceptance of the funds in the amount of
$722,772 from the Clean California Local Grant Program.
Discussion
The Clean California Local Grant Program, administered by the California Department
of Transportation (Caltrans), will provide approximately $296 million as part of a two-
year program to beautify, and improve streets, tribal lands, parks, pathways, and transit
centers to improve spaces for walking and recreation with all funds to be expended by
June 30, 2024. Each grant was not to exceed five million dollars. There was no
Packet Pg.1179
5
1
2
minimum award. The objectives of the Clean California Local Grant program were the
following:
Reduce the amount of waste and debris within the public rights-of-way, pathways,
parks, transit centers, and other public spaces.
Enhance, rehabilitate, restore, or install measures to beautify and improve public
spaces and mitigate the urban heat effect.
Enhance public health, cultural connection, and community placemaking by
improving public spaces for walking and recreation.
Advance equity for underserved communities.
Projects that were eligible for consideration included, but were not limited to:
Community litter abatement and beautification projects
Community litter abatement events and/or educational programs
The location of the projects within the Clean California Local Grant Program were
determined by the applicant. Project locations that can be accessed through the
multimodal transportation network were encouraged and could include local streets and
roads, tribal lands, parks, pathways, transit centers, and other public spaces
2021-2025 Key Strategic Targets and Goals
This request aligns with Key Target 1.d. Improved Operational & Financial Capacity -
Create a framework for spending decisions and Key Target 2.d. Focused, Aligned
Leadership and Unified Community - Develop and implement a community engagement
plan. If approved, the grant application will accept State funding to support the major
improvements city-wide that have been identified through engagement with the
community.
Fiscal Impact
There is zero impact to the General Fund nor is there an in-kind funding responsibility
related to the adoption of this resolution.
Conclusion
Adopt Resolution No. 2022-174 of the Mayor and City Council of the City of San
Bernardino, California, approving acceptance of grant funds from the Clean California
Local Grant Program in the amount of $722,727, and authorizing a budget amendment
to reflect acceptance of the grant funds, and authorizing the City Manager or designee to
expend the funds and complete any contract documents associated with the grant.
Attachments
Attachment 1 Resolution 2022-174 Accepting Funds from the Clean California
Local Grant Program
Attachment 2 Resolution 2022-007 Approving Submitting Applications for the
Clean California Local Grant Program
Packet Pg.1180
5
1
2
Ward:
First Ward
Synopsis of Previous Council Actions:
January 19, 2022 Resolution of the Mayor and City Council of the City of San
Bernardino Approving Submitting Applications for the Clean
California Local Grant Program
Packet Pg.1181
Resolution No. 2022-174
Resolution 2022-174
August 3, 2022
Page 1 of 3
5
7
7
RESOLUTION NO. 2022-174
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING ACCEPTING FUNDS FROM THE CLEAN
CALIFORNIA LOCAL GRANT PROGRAM IN THE
AMOUNT OF $722,772, AND AUTHORIZING A BUDGET
AMENDMENT TO REFLECT ACCEPTANCE OF THE
GRANT FUNDS, AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXPEND THE FUNDS AND
COMPLETE ANY CONTRACT DOCUMENTS
ASSOCIATED WITH THE GRANT.
WHEREAS, the Clean California Local Grant Program (“CCLGP”) was a competitive
statewide program created to beautify and clean up local streets and roads, tribal lands, parks,
pathways, transit centers, and other public spaces; and
WHEREAS, the CCLGP is administered by the California Department of Transportation
(“Caltrans”) and was to provide approximately $296 million in funding; and
WHEREAS, all projects funded by the CCLGP must be completed and all funds must be
expended by June 30, 2024; and
WHEREAS, the City was awarded $722,772 in CCLGP funding in March 2022; and
WHEREAS, City staff is recommending accepting the funds in order to begin work on the
4th Street Alley Beautification Project to ensure compliance with CCLGP deadlines.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1.The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2.The City Manager, or designee, is authorized to accept funds in the amount
of $722,772 and any supporting materials from the Clean California Local Grant Program.
SECTION 3.The City Manager, or designee, is authorized to expend funding in the
amount of $722,772 and complete any contract documents associated with the Clean California
Local Grant Program.
SECTION 4.The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
Packet Pg.1182
Resolution No. 2022-174
Resolution 2022-174
August 3, 2022
Page 2 of 3
5
7
7
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5.Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 3rd day of August 2022.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
Packet Pg.1183
Resolution No. 2022-174
Resolution 2022-174
August 3, 2022
Page 3 of 3
5
7
7
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2022-174, adopted at a regular meeting held on the 3rd day of August 2022 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2022.
Genoveva Rocha, CMC, City Clerk
Packet Pg.1184
Packet Pg.1185
Packet Pg.1186
Packet Pg.1187
5
1
8
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date:August 3, 2022
Honorable Mayor and City Council Members
Damon L. Alexander, Council Member, 7th Ward
Council Office
Give the Chief Procurement Officer a dollar authorization of
$50,000 and increase City Manager’s signing authority to
$100,000 (All Wards) – Council Member Alexander
To:
From:
Department:
Subject:
Packet Pg.1188
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
City of San Bernardino
Request for Council Action
Date:August 3, 2022
To:Honorable Mayor and City Council Members
From:Theodore Sanchez, Council Member, 1st Ward
Department:Council Office
Subject:Regulation of Short-Term Residential Rentals (All Wards) –
Council Member Sanchez
Packet Pg. 1189