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HomeMy WebLinkAbout12-18-2024 Final 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, DECEMBER 18, 2024 5:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET, SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez COUNCIL MEMBER, WARD 1 Helen Tran MAYOR Damon L. Alexander/Treasure Ortiz COUNCIL MEMBER, WARD 7 Sandra Ibarra COUNCIL MEMBER, WARD 2 Rochelle Clayton ACTING CITY MANAGER Juan Figueroa COUNCIL MEMBER, WARD 3 Sonia Carvalho CITY ATTORNEY Fred Shorett MAYOR PRO TEM, WARD 4 Genoveva Rocha CITY CLERK Ben Reynoso/Kim Knaus COUNCIL MEMBER, WARD 5 Kimberly Calvin/Mario Flores COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS, OR CLICK ON THE FOLLOWING LINK: TINYURL.COM/MCCPUBLICCOMMENTS PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 384­5002 TWO WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR REASONABLE ACCOMMODATIONS To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup. Select the corresponding year and meeting date folders to view documents. Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor Helen Tran Acting City Manager Rochelle Clayton City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA PRESENTATIONS 1. Recognition of Councilmembers Reynoso, Calvin, and Alexander CONSENT CALENDAR 2. Certify Results of the General Municipal Election held on Tuesday, November 5, 2024 p. 12 Recommendation: Adopt Resolution No. 2024­237 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the General Municipal Election held on November 5, 2024, certifying the election results, and such other matters as provided by law. PRESENTATIONS 3. Administer Oaths of Office and Present Certificates of Election: p. 21 1. Councilman­Elect Juan Figueroa, Ward 3 2. Councilwoman­Elect Kim Knaus, Ward 5 3. Councilman­Elect Mario Flores, Ward 6 4. Councilwoman­Elect Treasure Ortiz, Ward 7 RECESS RECONVENE REGULAR MEETING Mayor and City Council of the City of San Bernardino Page 3 ROLL CALL Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Council Member, Ward 3 Juan Figueroa Mayor Pro Tem, Ward 4 Fred Shorett Council Member, Ward 5 Kim Knaus Council Member, Ward 6 Mario Flores Council Member, Ward 7 Treasure Ortiz Mayor Helen Tran Acting City Manager Rochelle Clayton City Attorney Sonia Carvalho City Clerk Genoveva Rocha PUBLIC HEARING 4. Development Code Amendment 24­04 (ADU 2024 Legislative Update) p. 22 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Urgency Ordinance No. MC­1644U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24­04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards ­ Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and 2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC­1645 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24­04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards ­ Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 3 and Attachment 4); and 3. Schedule the adoption of Ordinance No. MC­1645 to the regularly scheduled meeting of the Mayor and City Council on January 15th, 2025. 5. Public Hearing on Annexation No. 47 to Community Facilities District 2019­1 (Maintenance Services) ­ Dutch Bros Coffee (Ward 3) p. 74 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024­238 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 47); and Mayor and City Council of the City of San Bernardino Page 4 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024­239 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­ 1 (Maintenance Services) (Annexation No. 47); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC­1646 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2024­2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, and streets, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC­1646 for January 15, 2025. 6. Public Hearing on Annexation No. 48 to Community Facilities District 2019­1 (Maintenance Services) for Piedmont Mobile Home Estates (Ward 4) p. 138 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024­240 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 48); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024­241 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­ 1 (Maintenance Services) (Annexation No. 48); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC­1647 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2024­2025 to pay annual costs of the maintenance and servicing of lighting, street maintenance, park maintenance, graffiti abatement, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC­1647 for January 15, 2025. CONSENT CALENDAR 7. Maddy Act Local Appointments List p. 196 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino Adopt Resolution No. 2024­242 approving the Local Appointments List. 8. Proposed 2025 Mayor & City Council Regular Meeting Schedule (All Wards) p. 208 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Proposed 2025 Mayor and City Council Regular Meeting Schedule. Mayor and City Council of the City of San Bernardino Page 5 9. Amendment No. 1 with Capital Edge Advocacy Inc. for Federal Legislative Advocacy Services (All Wards) p. 215 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 for the Professional Services Agreement between the City of San Bernardino and Capital Edge Advocacy Inc. to extend the agreement for an additional year (with an option for an additional one (1) year term) for federal legislative advocacy services in an amount not to exceed $90,000 annually. 10. Additional Street Segment Repair Allocation and American Rescue Plan Update (All Wards) p. 243 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024­243 authorizing: 1. The allocation of $129,948 in American Rescue Plan Act (ARPA) funds to the Street Segment Repair Project; and 2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form; and 3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project. DISCUSSION 11. Election of Mayor Pro Tempore (All Wards) p. 251 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore. 12. Nominations and Appointments to Various Regional Boards and Associations (All Wards) p. 255 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; 2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; 3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; 4. Appoint one Member and one Alternate to the Omnitrans Board of Directors; 5. Appoint one Member and one Alternate to the Interagency Council on Homelessness; 6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; 7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election. Mayor and City Council of the City of San Bernardino Page 6 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 Wednesday, January 15, 2025, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m. Mayor and City Council of the City of San Bernardino Page 7 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the December 18, 2024, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on Friday, December 13, 2024. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 8 NOTICE: Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments. In accordance with Resolution No. 2018­89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony: Public Comments and Testimony: Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below. Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council. Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address. Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking. Rule 5. Time Limits: 5. 01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council. 5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing. Mayor and City Council of the City of San Bernardino Page 9 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three­minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 10 ALTERNATE MEETING VIEWING METHOD If there are issues with the main live stream for the Mayor and City Council you may view the alternate stream on TV3 https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 2:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup . Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 2:30 p.m. deadline will not be accepted. Please note: Messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at thefollowing regular meeting. MEETING TIME NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024: “Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M.to discuss specified items.” 2 4 6 8 PRESENTATIONS City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:Council Office Subject:Recognition of Councilmembers Reynoso, Calvin, and Alexander        Packet Page. 11 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Certifying Results of the General Municipal Election held on Tuesday, November 5, 2024 Recommendation: Adopt Resolution No. 2024-237 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the General Municipal Election held on November 5, 2024, certifying the election results, and such other matters as provided by law. Executive Summary Following each municipal election, the San Bernardino County Registrar of Voters has a period of 30 days to finalize the election results. During this time, the Registrar of Voters resolves any discrepancies and ensures the accuracy and completeness of the election data. The election official is responsible for presenting the results to the governing body for review and certification. The certification of results must occur before any newly elected officials are sworn into office. Background In accordance with Article 8, Section 800 of the City Charter, the City of San Bernardino shall consolidate the General Municipal Election with the Statewide General Election every 2 years. On September 6, 2023, Resolution No. 2023-137 Calling for a Primary Municipal Election to elect representative for the Third, Fifth, Sixth, and Seventh Ward was approved by the Mayor and City Council. As a result of the Primary Election, a run-off election was required to decide the winners of the Fifth and Seventh Ward. On June 5, 2024, Resolution No. 2024-118 Calling a General Municipal Election was        Packet Page. 12 approved by the Mayor and City Council. On November 5, 2024, the General Municipal Election was held by the San Bernardino County Registrar of Voters for the office Fifth and Seventh Ward City Council representative for the City of San Bernardino. Discussion The General Municipal Election was conducted on November 5, 2024, by the San Bernardino County Registrar of Voters. The results of the election were released by the Registrar of Voters on December 3, 2024. According to the Statement of Votes Cast report provided by the Registrar of Voters, there were 17,484 registered voters for the Fifth Ward with a 62.18% voter turnout. There were 15,632 registered voters for the Seventh Ward with a 52.52 % voter turnout. The Statement of Votes Cast declares the following: •Fifth Ward Council Member o Kim Knaus with 62.13% o Henry Nickel with 37.87% •Seventh Ward Council Member o James F. “Jim” Penman with 44.22% o Treasure Ortiz with 55.78% Kim Knaus was elected as a Member of the City Council, Ward 5. Treasure Ortiz was elected as a Member of the City Council, Ward 7. 2021-2025 Strategic Targets and Goals Certifying the results of the election aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact There is no fiscal impact associated with certifying the elections results. Conclusion Adopt Resolution No. 2024-237 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the General Municipal Election held on November 5, 2024, certifying the election results, and such other matters as provided by law. Attachments Attachment 1 - Resolution No. 2024-237 Certifying the Results of the General Municipal Election Attachment 2 - Resolution No. 2024-237 Exhibit “A” - Final Certified Elections Results Attachment 3 - County of San Bernardino Certification of Elections - Results of November 5, 2024        Packet Page. 13 Ward: All Wards Synopsis of Previous Council Actions: June 05, 2024 The Mayor and City Council adopted Resolution No. 2024-118 Noticing and Calling the General Municipal Election, and Resolution No. 2024-119 Requesting to Consolidate the General Municipal Election with the Statewide General Election        Packet Page. 14 Resolution No. 2024-237 Resolution 2024-237 December 18, 2024 Page 1 of 4 6 0 5 2 RESOLUTION NO. 2024-237 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACTS OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 5, 2024, CERTIFYING THE ELECTION RESULTS, AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS, the General Municipal Election was consolidated with the Statewide General Election and was held and conducted in the City of San Bernardino, California on Tuesday November 5, 2024, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that elections officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California and the Charter of the City of San Bernardino for holding of elections; and WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as Exhibit “A.” BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.That the whole number of ballots cast in precincts except vote-by-mail ballots and provisional ballots was 4,814; that the whole number of vote-by-mail ballots cast in the City was 15,050; the whole number of provisional ballots cast in the City was 315, making a total of 16,399 ballots cast in the City of San Bernardino. SECTION 2.That the Names of Persons and the office for which they were voted are as follows: For the Office of Member of the City Council Ward 5 Votes Kim Knaus Henry Nickel 5,812 Henry Nickel 3,543 For the Office of Member of the City Council Ward 7 Votes James F. “Jim” Penman 3,115 Treasure Ortiz 3,929        Packet Page. 15 Resolution No. 2024-237 Resolution 2024-237 December 18, 2024 Page 2 of 4 6 0 5 2 SECTION 3.That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates are as listed in Exhibit “A” attached. SECTION 4.Pursuant to San Bernardino Municipal Code section 2.56.040, the City Council does declare and determine that Kim Knaus was elected as a Member of the City Council to represent Ward 5 for the full term of four years and Treasure Ortiz was elected as a Member of the City Council to represent Ward 7 for the full term of four years The successful candidate shall be seated and shall begin their new term of service in December 2024. SECTION 5.The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For what office each person was voted for; (4) The number of votes given at each precinct to each person; and the total number of votes given to each person. SECTION 6.The City Clerk shall immediately make and deliver to each of the persons so elected a Certificate of Election signed by the City Clerk and authenticated; that the City Clerk shall also administer to each person elected the Oath of Office prescribed in the Constitution of the State of California and shall have them subscribe to it and file it in the office of the City Clerk. Each and all of the persons so elected shall then be inducted into the respective office to which they have been elected. SECTION 7.That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. SECTION 8.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 9.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 10. 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 18th day of December 2024.        Packet Page. 16 Resolution No. 2024-237 Resolution 2024-237 December 18, 2024 Page 3 of 4 6 0 5 2 Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 17 Resolution No. 2024-237 Resolution 2024-237 December 18, 2024 Page 4 of 4 6 0 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 Resolution No. 2024-237, adopted at a regular meeting held on the 18th day of December 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 18        Packet Page. 19        Packet Page. 20 2 4 6 9 PRESENTATIONS City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Administer Oaths of Office and Present Certificates of Election: 1. Councilman-Elect Juan Figueroa 2. Councilwoman-Elect Kim Knaus 3. Councilman-Elect Mario Flores 4. Councilwoman-Elect Treasure Ortiz        Packet Page. 21 2 4 3 5 PUBLIC HEARING City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Gabriel Elliott, Director of Community Development and Housing Department:Community Development and Housing Subject:Development Code Amendment 24-04 (ADU 2024 Legislative Update) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Urgency Ordinance No. MC-1644U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and 2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1645 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 3 and Attachment 4); and 3. Schedule the adoption of Ordinance No. MC-1645 to the regularly scheduled meeting of the Mayor and City Council on January 15th, 2025.        Packet Page. 22 2 4 3 5 Executive Summary Approval of Development Code Amendment 24-04 will amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law. Background The Development Code (SBMC Title 19) is the primary mechanism by which the City implements the policies, goals, and objectives of both the General Plan and the Housing Element (an element of the General Plan). The Development Code achieves this by guiding development, on a lot-by-lot basis, throughout the city. On May 5, 2021, the Mayor and City Council adopted Ordinance No. MC-1559, establishing standards for the development of Accessory Dwelling Units. On December 7, 2022, the Mayor and City Council adopted Urgency Ordinance No. MC- 1604, updating standards for the development of Accessory Dwelling Units in compliance with recent changes to state law. On September 19, 2024 (SB 1211) and September 28, 2024 (AB 2533), the Governor signed Assembly Bill 2533 and Senate Bill 1211 amending Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code as it pertained to the development of Accessory Dwelling Units. Both AB 2533 and SB 1211 take effect January 1, 2025. To remain valid, the City’s Accessory Dwelling Unit ordinance must comply with requirements imposed by AB 2533 and SB 1211 by this date. Discussion The proposed ordinance amends the City’s local regulatory scheme for the construction of ADUs and JADUs to comply with recently amended provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code. Failure to comply with Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code (as amended) by January 1, 2025, renders the City’s ADU ordinance null and void, thereby limiting the City to the application of the few default state standards provided in the Government Code. The approval of ADUs and JADUs based solely on these default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. The attached proposed Urgency Ordinance includes changes to the Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19).        Packet Page. 23 2 4 3 5 Development Code Amendment 24-04 is proposed for adoption by urgency ordinance, in accordance with Government Code section 36937, Subdivision (b), and will be followed immediately by the introduction of a standard ordinance that will be scheduled for final adoption at a subsequent meeting. AB 2533 – Unpermitted ADUs and JADUs Subject to limited exceptions, existing state law prohibits a city from denying a permit to legalize an unpermitted ADU that was constructed before January 1, 2018, if the denial is based on the ADU not complying with applicable building, state, or local ADU standards. One exception allows a city to deny a permit to legalize if the city makes a written finding that correcting the violation is necessary to protect the health and safety of the public or the occupants of the structure. AB 2533 changes this by: (1) expanding the above prohibition to also include JADUs; (2) moving the construction-cutoff date from January 1, 2018, to January 1, 2020; and (3) replacing the above exception with a requirement that local agencies find that correcting the violation is necessary to comply with the standards specified in Health and Safety Code section 17920.3 (Substandard Buildings). (See amended Gov. Code, Section 66332(a)–(f).) SB 1211 – Replacement Parking Requirements; Multifamily ADUs Replacement Parking Existing state law prohibits the City from requiring off-street parking spaces to be replaced when a garage, carport, or covered parking structure is demolished in conjunction with the construction of, or conversion to, an ADU. SB 1211 amends this prohibition to now also prohibit a city from requiring replacement parking when an uncovered parking space is demolished for or replaced with an ADU. (See amended Gov. Code, Section 66314(d)(11).) Multifamily ADUs SB 1211 further defines livable space in connection with converted ADUs inside a multifamily dwelling structure. Existing state law requires the City to ministerially approve qualifying building-permit applications for ADUs within “portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages ….” The term “livable space” is not defined by existing state ADU law. SB 1211 changes this by adding a new definition: “‘Livable space’ means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.” (See amended Gov. Code, § 66313(e).)        Packet Page. 24 2 4 3 5 SB 1211 also increases the number of detached ADUs that lots with an existing multifamily dwelling can have. Existing state law allows a lot with an existing or proposed multifamily dwelling to have up to two detached ADUs. Under SB 1211, a lot with an existing multifamily dwelling can have up to eight detached ADUs, or as many detached ADUs as there are primary dwelling units on the lot, whichever is less. (See amended Gov. Code, Section 66323(a)(4)(A)(ii).) SB 1211 does not alter the number of ADUs that a lot with a proposed multifamily dwelling can have — the limit remains at two. (See amended Gov. Code, Section 66323(a)(4).). Proposed Amendment In order to ensure that the City’s development standards for Accessory Dwelling Units comply with state law, this amendment will update Section 19.04.030(2)(P) (Accessory Dwelling Units). The attached exhibits (Attachment 2 and Attachment 4) include the specific changes as proposed for adoption into the Development Code. Implementation The urgency ordinance for Development Code Amendment 24-04 will take effect immediately upon adoption. Following adoption of the urgency ordinance, a standard ordinance will follow to implement Development Code Amendment 24-04. This ordinance will become effective 30 days following final adoption by the Mayor and City Council. 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. ▪Land Use Element Policy 2.1.1: Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods. The adoption and implementation of Development Code Amendment 24-04 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at- large, while maintaining consistency with state law (AB 2533 and SB 1211). Additionally, as regulated by Development Code Amendment 24-04, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. California Environmental Quality Act Under California Public Resources Code Section 21080.17, CEQA does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code, which is California’s ADU law        Packet Page. 25 2 4 3 5 and which also regulates JADUs, as defined by Section 66313. Therefore, the adoption of the proposed ordinance is statutorily exempt from CEQA in that it implements state ADU law. 2021-2025 Strategic Targets and Goals Development Code Amendment 23-03 aligns with Key Target Goal No. 3: Improved Quality of Life and 4(b): Economic Growth and Development – Update the General Plan and Development Code. Specifically, the amendment will update the Development Code for compliance with state law. The amendment to the Development Code will ensure consistency with state law. Fiscal Impact There will be no fiscal impact to the City’s General Fund as a result of this action. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Adopt Urgency Ordinance No. MC-1644U of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and 2. Introduce for first reading, read by title only, and waive further reading of Ordinance No. MC-1645 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment 24-04 amending Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and finding such action statutorily exempt from the California Environmental Quality Act under Public Resources Code Section 21080.17 (Attachment 3 and Attachment 4); and 3. Schedule the adoption of Ordinance No. MC-1645 to the regularly scheduled meeting of the Mayor and City Council on January 15th, 2025. Attachments Attachment 1 Urgency Ordinance No. MC-1644U (Approving Development Code Amendment 24-04) Attachment 2 Urgency Ordinance No. MC-1644U (Approving Development Code Amendment 24-04) – Exhibit A        Packet Page. 26 2 4 3 5 Attachment 3 Ordinance No. MC-1645 (Approving Development Code Amendment 24-04) Attachment 4 Ordinance No. MC-1645 (Approving Development Code Amendment 24-04) – Exhibit A Attachment 5 Resolution No. 2024-047 - PC Attachment 6 Newspaper Publication Attachment 7 PowerPoint Ward: All Wards Synopsis of Previous Council Actions: N/A        Packet Page. 27 ORDINANCE NO. MC-1644U 1 ORDINANCE NO. MC-1644U ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 24-04 AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES); SECTION 19.04.030(2)(P) (ACCESSORY DWELLING UNITS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO UPDATE THE DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS IN COMPLIANCE WITH RECENT CHANGES IN STATE LAW; AND FINDING THAT DEVELOPMENT CODE AMENDMENT 24-04 IS STATUTORILY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the state law authorizes cities to act to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, Development Code Amendment 24-04 is a City-initiated amendment to Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 24-04 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and        Packet Page. 28 ORDINANCE NO. MC-1644U 2 WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 24-04 and determined that it is exempt from CEQA under California Public Resources Code Section 21080.17; and WHEREAS, on November 12, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2024- 047 recommending the adoption of the Development Code Amendment 24-04 to the Mayor and City Council; and WHEREAS, notice of the December 18, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-04 was published in The Sun newspaper on December 7, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-04; and WHEREAS, there is a current and immediate threat to the public health, safety, or welfare based on the passage of AB 2533 and SB1211 because if the City’s ordinance does not comply with the amended laws as of January 1, 2025, and the City’s ADU ordinance becomes null and void, the City would thereafter be limited to applying the few default standards that are provided in Article 2 of Chapter 13 of Division 1 of Title 7 of the Government Code for the approval of ADUs and JADUs; and WHEREAS, the approval of ADUs and JADUs based solely on the default statutory standards, without local regulations governing height, setback, landscape, and architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety. These threats to public safety, health, and welfare justify adoption of this ordinance as an urgency ordinance to be effective immediately upon adoption by a four-fifths vote of the City Council; and WHEREAS, to protect the public safety, health, and welfare, the City Council may adopt this Ordinance as an urgency measure in accordance with Government Code Section 36937, Subdivision (b). NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein.        Packet Page. 29 ORDINANCE NO. MC-1644U 3 SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, Development Code Amendment 24-04 and this Ordinance No. MC-1644U is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under California Public Resources Code Section 21080.17, as the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by Section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA. SECTION 3.Finding of Facts – Development Code Amendment 24-04 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:Development Code Amendment 24-04 is consistent with the General Plan, as follows: Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. Land Use Element Policy 2.1.1: Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods. The implementation of Development Code Amendment 24-04 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large, while maintaining consistency with state law (AB 2533 and SB 1211). Additionally, as regulated by Development Code Amendment 24-04, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The adoption and implementation of Development Code Amendment 24- 04is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. In enacting the aforementioned legislation the State Legislature identified Accessory Dwelling Units (ADUs) as an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. Development Code Amendment 24-04 will        Packet Page. 30 ORDINANCE NO. MC-1644U 4 bring the City’s Development Code into compliance with the aforementioned statute. SECTION 4.Adoption of Ordinance. Development Code Amendment 24-04 to amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) to update the development standards for Accessory Dwelling Units in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-04. 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 Urgency Ordinance takes effect immediately upon its adoption. SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall either: (a) have this ordinance published in a newspaper of general circulation within 15 days after its adoption or (b) have a summary of this ordinance published twice in a newspaper of general circulation, within 15 days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of December 2024. __________________________________ Helen Tran, Mayor City of San Bernardino        Packet Page. 31 ORDINANCE NO. MC-1644U 5 Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney        Packet Page. 32 ORDINANCE NO. MC-1644U 6 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1644U, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held on the 18th day of December 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. __________________________ Genoveva Rocha, CMC, City Clerk        Packet Page. 33 EXHIBIT A Development Code Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) shall be amended and restated to read in its entirety as follows: P. Accessory Dwelling Units 1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. 2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located. b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. c. Considered in the application of any local ordinance, policy, or program to limit residential growth. d. Required to correct a nonconforming zoning condition, as defined in subsection (3)(h) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. 3. Definitions. As used in this section, terms are defined as follows: a. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following: i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code. b. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. c. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. d. “Efficiency kitchen” means a kitchen that includes each of the following: i. A cooking facility with appliances.        Packet Page. 34 ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU. e. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following: i. It is no more than 500 square feet in size. ii. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. f. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. g. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. h. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. i. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. j. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. k. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. l. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 4. Approvals. The following approvals apply to ADUs and JADUs under this section: a. Statutory Criteria. If an ADU or JADU complies with each of the general requirements in subsection (5) below, it is allowed with only a building permit in the following scenarios: i. Converted on Single-family Lot: One ADU as described in this subsection (4)(a)(i) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: a) Is either: within the space of a proposed single -family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150        Packet Page. 35 additional square feet if the expansion is limited to accommodating ingress and egress; and b) Has exterior access that is independent of that for the single-family dwelling; and c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. d) The JADU complies with the requirements of Government Code Sections 66333 through 66339. ii. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (4)(a)(i) above), if the detached ADU satisfies each of the following limitations: a) The side- and rear-yard setbacks are at least four-feet. b) The total floor area is 800 square feet or smaller. c) The peak height above grade does not exceed the applicable height limit in subsection (5)(b) below. iii. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (4)(a)(iii), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following: a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b) The peak height above grade does not exceed the applicable height limit provided in subsection (5)(c) below. c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. b. Additional Criteria. i. An ADU that does not qualify under the criteria set forth in subsection (4)(a) above may be created with a building permit if it complies with the standards set forth in subsections (5) and (6) below.        Packet Page. 36 c. Process and Timing. i. An ADU application is considered and approved ministerially, without discretionary review or a hearing. ii. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either: a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. iii. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (4)(c)(ii) above. iv. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. 5. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above: a. Zoning. i. An ADU or JADU subject to subsection (4)(a) above may be created on a lot in a residential or mixed-use zone. ii. An ADU or JADU subject to subsection (4)(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. iii. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. b. Access. Each ADU and JADU must have direct exterior access that is separate from that of the primary dwelling. c. Height. i. Except as otherwise provided by subsections (5)(c)(ii) and (5)(c)(iii) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.        Packet Page. 37 ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (5)(c)(iv) may not exceed two stories. v. For purposes of this subsection (5)(c), height is measured above existing legal grade to the peak of the structure. d. Fire Sprinklers. i. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. ii. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. e. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. f. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). g. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. h. Owner Occupancy. As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (5)(h) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. i. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:        Packet Page. 38 i. Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling. ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. iii. The deed restriction runs with the land and may be enforced against future property owners. iv. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. v. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 6. Specific ADU Requirements. The following requirements apply only to ADUs that are approved under subsection (4)(b) above. a. Maximum Size. i. The maximum size of a detached or attached ADU subject to this subsection (6) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. ii. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. iii. Application of other development standards in this subsection (6), such as setbacks or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (6)(a)(ii) above or of a lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet. b. Setbacks. i. An ADU that is subject to this subsection (6) must conform to a 25-foot front-yard setback, subject to subsection (6)(a)(iii) above. ii. An ADU that is subject to this subsection (6) must conform to 4-foot side- and rear- yard setbacks.        Packet Page. 39 iii. No setback is required for an ADU that is subject to this subsection (6) if the ADU is constructed in the same location and to the same dimensions as an existing structure. c. Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (6)(a)(iii) above. d. Passageway. No passageway, as defined by subsection (3)(i) above, is required for an ADU. e. No Replacement Parking. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. f. Architectural Requirements. i. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. ii. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. iii. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way. g. Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (5)(c)(iv) of this section. 7. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above. a. Impact Fees. i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection (7)(a), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) b. Utility Fees. i. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.        Packet Page. 40 ii. Except as described in subsection (7)(b)(i), converted ADUs and JADUs on a single-family lot that are created under subsection (4)(a)(i) above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required. iii. Except as described in subsection (7)(b)(i), all ADUs and JADUs that are not covered by subsection (7)(b)(ii) require a new, separate utility connection directly between the ADU or JADU and the utility. a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. 8. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. b. Unpermitted ADUs and JADUs constructed before 2020. i. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds: a) The ADU or JADU violates applicable building standards, or b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 19.04.030(2)(P)). ii. Exceptions: a) Notwithstanding subsection (8)(b)(i) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. b) Subsection (8)(b)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.        Packet Page. 41 ORDINANCE NO. MC-1645 1 ORDINANCE NO. MC-1645 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT 24-04 AMENDING CHAPTER 19.04 (RESIDENTIAL ZONES); SECTION 19.04.030(2)(P) (ACCESSORY DWELLING UNITS) OF THE CITY OF SAN BERNARDINO DEVELOPMENT CODE (SBMC TITLE 19) IN ORDER TO UPDATE THE DEVELOPMENT STANDARDS FOR ACCESSORY DWELLING UNITS IN COMPLIANCE WITH RECENT CHANGES IN STATE LAW; AND FINDING THAT DEVELOPMENT CODE AMENDMENT 24-04 IS STATUTORILY EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT WHEREAS, the City of San Bernardino, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and WHEREAS, the state law authorizes cities to act to provide for the creation and regulation of accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”); and WHEREAS, in recent years, the California Legislature has approved, and the Governor has signed into law, a number of bills that, among other things, amend various sections of the Government Code to impose new limits on local authority to regulate ADUs and JADUs; and WHEREAS, in 2024, the California Legislature approved, and the Governor signed into law, Assembly Bill 2533 (“AB 2533”) and Senate Bill 1211 (“SB 1211”), which further amend state ADU law; and WHEREAS, AB 2533 and SB 1211 take effect on January 1, 2025, and for the City’s ADU ordinance to remain valid, it must be amended to reflect the requirements of AB 2533 and SB 1211; and WHEREAS, the City desires to amend its local regulatory scheme for the construction of ADUs and JADUs to reflect AB 2533’s and SB 1211’s changes to state law; and WHEREAS, Development Code Amendment 24-04 is a City-initiated amendment to Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with recent changes in state law; and WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 24-04 in compliance with the California Government Code, consistent with the City of San Bernardino General Plan, and incompliance with the City of San Bernardino Development Code; and        Packet Page. 42 ORDINANCE NO. MC-1645 2 WHEREAS, pursuant to requirements of the California Environmental Quality Act (“CEQA”), the Planning Division of the Community Development and Housing Department evaluated Development Code Amendment 24-04 and determined that it is exempt from CEQA under California Public Resources Code Section 21080.17; and WHEREAS, on November 12, 2024, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held a duly-noticed public hearing and adopted Resolution No. 2024- 047 recommending the adoption of the Development Code Amendment 24-04 to the Mayor and City Council; and WHEREAS, notice of the December 18, 2024 public hearing for the Mayor and City Council's consideration of Development Code Amendment 24-04 was published in The Sun newspaper on December 7, 2024, in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.42 (Development Code Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment 24-04; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein. SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including written and oral testimony, and having exercised their independent judgment, Development Code Amendment 24-04 and this Ordinance No. MC-1645 is exempt from the requirements of the California Environmental Quality Act (“CEQA”) under California Public Resources Code Section 21080.17, as the California Environmental Quality Act (“CEQA”) does not apply to the adoption of an ordinance by a city or county implementing the provisions of Article 2 of Chapter 13 of Division 1 of Title 7 of the California Government Code, which is California’s ADU law and which also regulates JADUs, as defined by Section 66313. Therefore, adoption of the proposed ordinance is statutorily exempt from CEQA. SECTION 3.Finding of Facts – Development Code Amendment 24-04 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:Development Code Amendment 24-04 is consistent with the General Plan, as follows:        Packet Page. 43 ORDINANCE NO. MC-1645 3 Land Use Goal 2.1: Preserve and enhance San Bernardino’s unique Neighborhoods. Land Use Element Policy 2.1.1: Actively enforce development standards, design guidelines, and policies to preserve and enhance the character of San Bernardino’s neighborhoods. The implementation of Development Code Amendment 24-04 is consistent with the City’s General Plan by allowing for the development of Accessory Dwelling Units within the single-family residential and multi-family residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the community at-large, while maintaining consistency with state law (AB 2533 and SB 1211). Additionally, as regulated by Development Code Amendment 24-04, new Accessory Dwelling Units (ADUs) will serve the City’s housing needs in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The adoption and implementation of Development Code Amendment 24- 04is necessary and desirable for the development of the community and is in the interests or furtherance of the public health, safety, convenience, and general welfare. In enacting the aforementioned legislation the State Legislature identified Accessory Dwelling Units (ADUs) as an important housing option for renters and homeowners, given the undersupply of housing that exists in the State. Development Code Amendment 24-04 will bring the City’s Development Code into compliance with the aforementioned statute. SECTION 4.Adoption of Ordinance. Development Code Amendment 24-04 to amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards – Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) to update the development standards for Accessory Dwelling Units in compliance with state law is hereby amended and restated to read in its entirety as provided in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 5.Notice of Exemption: The Planning Division of the Community Development and Housing Department is hereby directed to file a Notice of Exemption with the County Clerk of the County of San Bernardino within five (5) working days of final approval certifying the City’s compliance with the California Environmental Quality Act in approving Development Code Amendment 24-04. 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        Packet Page. 44 ORDINANCE NO. MC-1645 4 or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of __________, 2025. __________________________________ Helen Tran, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia Carvalho, City Attorney        Packet Page. 45 ORDINANCE NO. MC-1645 5 CERTIFICATION STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO CITY OF SAN BERNARDINO I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1645, introduced on December 18th, 2024, and adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _______, 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. _____________________________ Genoveva Rocha, CMC, City Clerk        Packet Page. 46 EXHIBIT A Development Code Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) shall be amended and restated to read in its entirety as follows: P. Accessory Dwelling Units 1. Purpose. The purpose of this section is to allow and regulate accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) in compliance with Chapter 13 of Division 1 of Title 7 of the California Government Code. 2. Effect of Conforming. An ADU or JADU that conforms to the standards in this section will not be: a. Deemed to be inconsistent with the city’s general plan and zoning designation for the lot on which the ADU or JADU is located. b. Deemed to exceed the allowable density for the lot on which the ADU or JADU is located. c. Considered in the application of any local ordinance, policy, or program to limit residential growth. d. Required to correct a nonconforming zoning condition, as defined in subsection (3)(h) below. This does not prevent the City from enforcing compliance with applicable building standards in accordance with Health and Safety Code section 17980.12. 3. Definitions. As used in this section, terms are defined as follows: a. “Accessory dwelling unit” or “ADU” means an attached or a detached residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. An accessory dwelling unit also includes the following: i. An efficiency unit, as defined by section 17958.1 of the California Health and Safety Code; and ii. A manufactured home, as defined by section 18007 of the California Health and Safety Code. b. “Accessory structure” means a structure that is accessory and incidental to a dwelling located on the same lot. c. “Complete independent living facilities” means permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. d. “Efficiency kitchen” means a kitchen that includes each of the following: i. A cooking facility with appliances.        Packet Page. 47 ii. A food preparation counter and storage cabinets that are of a reasonable size in relation to the size of the JADU. e. “Junior accessory dwelling unit” or “JADU” means a residential unit that satisfies all of the following: i. It is no more than 500 square feet in size. ii. It is contained entirely within an existing or proposed single-family structure. An enclosed use within the residence, such as an attached garage, is considered to be a part of and contained within the single-family structure. iii. It includes its own separate sanitation facilities or shares sanitation facilities with the existing or proposed single-family structure. iv. If the unit does not include its own separate bathroom, then it contains an interior entrance to the main living area of the existing or proposed single-family structure in addition to an exterior entrance that is separate from the main entrance to the primary dwelling. f. “Livable space” means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation. g. “Living area” means the interior habitable area of a dwelling unit, including basements and attics, but does not include a garage or any accessory structure. h. “Nonconforming zoning condition” means a physical improvement on a property that does not conform with current zoning standards. i. “Passageway” means a pathway that is unobstructed clear to the sky and extends from a street to one entrance of the ADU or JADU. j. “Proposed dwelling” means a dwelling that is the subject of a permit application and that meets the requirements for permitting. k. “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. l. “Tandem parking” means that two or more automobiles are parked on a driveway or in any other location on a lot, lined up behind one another. 4. Approvals. The following approvals apply to ADUs and JADUs under this section: a. Statutory Criteria. If an ADU or JADU complies with each of the general requirements in subsection (5) below, it is allowed with only a building permit in the following scenarios: i. Converted on Single-family Lot: One ADU as described in this subsection (4)(a)(i) and one JADU on a lot with a proposed or existing single-family dwelling on it, where the ADU or JADU: a) Is either: within the space of a proposed single -family dwelling; within the existing space of an existing single-family dwelling; or (in the case of an ADU only) within the existing space of an accessory structure, plus up to 150        Packet Page. 48 additional square feet if the expansion is limited to accommodating ingress and egress; and b) Has exterior access that is independent of that for the single-family dwelling; and c) Has side and rear setbacks sufficient for fire and safety, as dictated by applicable building and fire codes. d) The JADU complies with the requirements of Government Code Sections 66333 through 66339. ii. Limited Detached on Single-family Lot: One detached, new-construction ADU on a lot with a proposed or existing single-family dwelling (in addition to any JADU that might otherwise be established on the lot under subsection (4)(a)(i) above), if the detached ADU satisfies each of the following limitations: a) The side- and rear-yard setbacks are at least four-feet. b) The total floor area is 800 square feet or smaller. c) The peak height above grade does not exceed the applicable height limit in subsection (5)(b) below. iii. Converted on Multifamily Lot: One or more ADUs within portions of existing multifamily dwelling structures that are not used as livable space, including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages, if each converted ADU complies with state building standards for dwellings. Under this subsection (4)(a)(iii), at least one converted ADU is allowed within an existing multifamily dwelling, up to a quantity equal to 25 percent of the existing multifamily dwelling units. iv. Limited Detached on Multifamily Lot: No more than two detached ADUs on a lot with a proposed multifamily dwelling, or up to eight detached ADUs on a lot with an existing multifamily dwelling, if each detached ADU satisfies all of the following: a) The side- and rear-yard setbacks are at least four feet. If the existing multifamily dwelling has a rear or side yard setback of less than four feet, the city will not require any modification to the multifamily dwelling as a condition of approving the ADU. b) The peak height above grade does not exceed the applicable height limit provided in subsection (5)(c) below. c) If the lot has an existing multifamily dwelling, the quantity of detached ADUs does not exceed the number of primary dwelling units on the lot. b. Additional Criteria. i. An ADU that does not qualify under the criteria set forth in subsection (4)(a) above may be created with a building permit if it complies with the standards set forth in subsections (5) and (6) below.        Packet Page. 49 c. Process and Timing. i. An ADU application is considered and approved ministerially, without discretionary review or a hearing. ii. The City must approve or deny an application to create an ADU or JADU within 60 days from the date that the City receives a completed application. If the City does not approve or deny the completed application within 60 days, the application is deemed approved unless either: a) The applicant requests a delay, in which case the 60-day time period is tolled for the period of the requested delay, or b) When an application to create an ADU or JADU is submitted with a permit application to create a new single-family or multifamily dwelling on the lot, the City may delay acting on the permit application for the ADU or JADU until the City acts on the permit application to create the new single-family or multifamily dwelling, but the application to create the ADU or JADU will still be considered ministerially without discretionary review or a hearing. iii. If the city denies an application to create an ADU or JADU, the city must provide the applicant with comments that include, among other things, a list of all the defective or deficient items and a description of how the application may be remedied by the applicant. Notice of the denial and corresponding comments must be provided to the applicant within the 60-day time period established by subsection (4)(c)(ii) above. iv. A demolition permit for a detached garage that is to be replaced with an ADU is reviewed with the application for the ADU and issued at the same time. 5. General ADU and JADU Requirements. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above: a. Zoning. i. An ADU or JADU subject to subsection (4)(a) above may be created on a lot in a residential or mixed-use zone. ii. An ADU or JADU subject to subsection (4)(b) above may be created on a lot that is zoned to allow single-family dwelling residential use or multifamily dwelling residential use. iii. In accordance with Government Code section 66333(a), a JADU may only be created on a lot zoned for single-family residences. b. Access. Each ADU and JADU must have direct exterior access that is separate from that of the primary dwelling. c. Height. i. Except as otherwise provided by subsections (5)(c)(ii) and (5)(c)(iii) below, a detached ADU created on a lot with an existing or proposed single family or multifamily dwelling unit may not exceed 16 feet in height.        Packet Page. 50 ii. A detached ADU may be up to 18 feet in height if it is created on a lot with an existing or proposed single family or multifamily dwelling unit that is located within one-half mile walking distance of a major transit stop or a high quality transit corridor, as those terms are defined in Section 21155 of the Public Resources Code, and the ADU may be up to two additional feet in height (for a maximum of 20 feet) if necessary to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit. iii. A detached ADU created on a lot with an existing or proposed multifamily dwelling that has more than one story above grade may not exceed 18 feet in height. iv. An ADU that is attached to the primary dwelling may not exceed 25 feet in height or the height limitation imposed by the underlying zone that applies to the primary dwelling, whichever is lower. Notwithstanding the foregoing, ADUs subject to this subsection (5)(c)(iv) may not exceed two stories. v. For purposes of this subsection (5)(c), height is measured above existing legal grade to the peak of the structure. d. Fire Sprinklers. i. Fire sprinklers are required in an ADU if sprinklers are required in the primary residence. ii. The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling. e. Rental Term. No ADU or JADU may be rented for a term that is shorter than 30 days. This prohibition applies regardless of when the ADU or JADU was created. f. No Separate Conveyance. An ADU or JADU may be rented, but, except as otherwise provided in Government Code Section 66341, no ADU or JADU may be sold or otherwise conveyed separately from the lot and the primary dwelling (in the case of a single-family lot) or from the lot and all of the dwellings (in the case of a multifamily lot). g. Septic System. If the ADU or JADU will connect to an onsite wastewater-treatment system, the owner must include with the application a percolation test completed within the last five years or, if the percolation test has been recertified, within the last 10 years. h. Owner Occupancy. As required by state law, all JADUs are subject to an owner- occupancy requirement. A natural person with legal or equitable title to the property must reside on the property, in either the primary dwelling or JADU, as the person’s legal domicile and permanent residence. However, the owner-occupancy requirement in this subsection (5)(h) does not apply if the property is entirely owned by another governmental agency, land trust, or housing organization. i. Deed Restriction. Prior to issuance of a building permit for an ADU or JADU, a deed restriction must be recorded against the title of the property in the County Recorder’s office and a copy filed with the Director. The deed restriction must run with the land and bind all future owners. The form of the deed restriction will be provided by the City and must provide that:        Packet Page. 51 i. Except as otherwise provided in Government Code Section 66341, the ADU or JADU may not be sold separately from the primary dwelling. ii. The ADU or JADU is restricted to the approved size and to other attributes allowed by this section. iii. The deed restriction runs with the land and may be enforced against future property owners. iv. The deed restriction may be removed if the owner eliminates the ADU or JADU, as evidenced by, for example, removal of the kitchen facilities. To remove the deed restriction, an owner may make a written request of the Director, providing evidence that the ADU or JADU has in fact been eliminated. The Director may then determine whether the evidence supports the claim that the ADU or JADU has been eliminated. Appeal may be taken from the Director’s determination consistent with other provisions of this Code. If the ADU or JADU is not entirely physically removed, but is only eliminated by virtue of having a necessary component of an ADU or JADU removed, the remaining structure and improvements must otherwise comply with applicable provisions of this Code. v. The deed restriction is enforceable by the Director or his or her designee for the benefit of the City. Failure of the property owner to comply with the deed restriction may result in legal action against the property owner, and the City is authorized to obtain any remedy available to it at law or equity, including, but not limited to, obtaining an injunction enjoining the use of the ADU or JADU in violation of the recorded restrictions or abatement of the illegal unit. 6. Specific ADU Requirements. The following requirements apply only to ADUs that are approved under subsection (4)(b) above. a. Maximum Size. i. The maximum size of a detached or attached ADU subject to this subsection (6) is 850 square feet for a studio or one-bedroom unit and 1,000 square feet for a unit with two or more bedrooms. ii. An attached ADU that is created on a lot with an existing primary dwelling is further limited to 50 percent of the floor area of the existing primary dwelling. iii. Application of other development standards in this subsection (6), such as setbacks or lot coverage, might further limit the size of the ADU, but no application of the percent-based size limit in subsection (6)(a)(ii) above or of a lot coverage limit or open-space requirement may require the ADU to be less than 800 square feet. b. Setbacks. i. An ADU that is subject to this subsection (6) must conform to a 25-foot front-yard setback, subject to subsection (6)(a)(iii) above. ii. An ADU that is subject to this subsection (6) must conform to 4-foot side- and rear- yard setbacks.        Packet Page. 52 iii. No setback is required for an ADU that is subject to this subsection (6) if the ADU is constructed in the same location and to the same dimensions as an existing structure. c. Lot Coverage. No ADU subject to this subsection (f) may cause the total lot coverage of the lot to exceed 50 percent, subject to subsection (6)(a)(iii) above. d. Passageway. No passageway, as defined by subsection (3)(i) above, is required for an ADU. e. No Replacement Parking. When a garage, carport, covered parking structure, or uncovered parking space is demolished in conjunction with the construction of an ADU or converted to an ADU, those off-street parking spaces are not required to be replaced. f. Architectural Requirements. i. The materials and colors of the exterior walls, roof, and windows and doors must match the appearance and architectural design of those of the primary dwelling. ii. The roof slope must match that of the dominant roof slope of the primary dwelling. The dominant roof slope is the slope shared by the largest portion of the roof. iii. The exterior lighting must be limited to down-lights or as otherwise required by the building or fire code. iv. The ADU must have an independent exterior entrance, apart from that of the primary dwelling. The ADU entrance must be located on the side or rear building façade, not facing a public-right-of-way. g. Allowed Stories. No ADU subject to this subsection (f) may have more than one story, except that an ADU that is attached to the primary dwelling may have the stories allowed under subparagraph (5)(c)(iv) of this section. 7. Fees. The following requirements apply to all ADUs and JADUs that are approved under subsections (4)(a) or (4)(b) above. a. Impact Fees. i. No impact fee is required for an ADU or JADU that is less than 750 square feet in size. For purposes of this subsection (7)(a), “impact fee” means a “fee” under the Mitigation Fee Act (Gov. Code § 66000(b)) and a fee under the Quimby Act (Gov. Code § 66477). “Impact fee” here does not include any connection fee or capacity charge for water or sewer service. ii. Any impact fee that is required for an ADU that is 750 square feet or larger in size must be charged proportionately in relation to the square footage of the primary dwelling unit. (E.g., the floor area of the ADU, divided by the floor area of the primary dwelling, times the typical fee amount charged for a new dwelling.) b. Utility Fees. i. If an ADU or JADU is constructed with a new single-family home, a separate utility connection directly between the ADU or JADU and the utility and payment of the normal connection fee and capacity charge for a new dwelling are required.        Packet Page. 53 ii. Except as described in subsection (7)(b)(i), converted ADUs and JADUs on a single-family lot that are created under subsection (4)(a)(i) above are not required to have a new or separate utility connection directly between the ADU or JADU and the utility. Nor is a connection fee or capacity charge required. iii. Except as described in subsection (7)(b)(i), all ADUs and JADUs that are not covered by subsection (7)(b)(ii) require a new, separate utility connection directly between the ADU or JADU and the utility. a) The connection is subject to a connection fee or capacity charge that is proportionate to the burden created by the ADU or JADU, based on either the floor area or the number of drainage-fixture units (DFU) values, as defined by the Uniform Plumbing Code, upon the water or sewer system. b) The portion of the fee or charge that is charged by the City may not exceed the reasonable cost of providing this service. 8. Nonconforming Zoning Code Conditions, Building Code Violations, and Unpermitted Structures. a. Generally. The city will not deny an ADU or JADU application due to a nonconforming zoning condition, building code violation, or unpermitted structure on the lot that does not present a threat to the public health and safety and that is not affected by the construction of the ADU or JADU. b. Unpermitted ADUs and JADUs constructed before 2020. i. Permit to Legalize. As required by state law, the city may not deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if denial is based on either of the following grounds: a) The ADU or JADU violates applicable building standards, or b) The ADU or JADU does not comply with state ADU or JADU law or this ADU ordinance (Section 19.04.030(2)(P)). ii. Exceptions: a) Notwithstanding subsection (8)(b)(i) above, the city may deny a permit to legalize an existing but unpermitted ADU or JADU that was constructed before January 1, 2020, if the city makes a finding that correcting a violation is necessary to comply with the standards specified in California Health and Safety Code section 17920.3. b) Subsection (8)(b)(i) above does not apply to a building that is deemed to be substandard in accordance with California Health and Safety Code section 17920.3.        Packet Page. 54        Packet Page. 55        Packet Page. 56        Packet Page. 57        Packet Page. 58        Packet Page. 59        Packet Page. 60        Packet Page. 61        Packet Page. 62        Packet Page. 63        Packet Page. 64        Packet Page. 65        Packet Page. 66        Packet Page. 67 NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF SAN BERNARDINO NOTICE IS HEREBY GIVEN that the City of San Bernardino Mayor and City Council will hold a public meeting on December 18, 2024 at 5:00 PM in the City Council Chambers in the Norman F. Feldheym Central Library at 555 West 6th Street, San Bernardino, California. Visit the City’s agenda portal at www.sbcity.org to access more meeting information. The purpose of the hearing is to consider the following: DEVELOPMENT CODE AMENDMENT 24-04 – A City-initiated request to amend Chapter 19.04 (Residential Zones); Section 19.04.030(2)(P) (Residential Zones Specific Standards - Accessory Dwelling Units) of the City of San Bernardino Development Code (SBMC Title 19) in order to update the development standards for Accessory Dwelling Units in compliance with state law. Environmental Determination: Statuorily Exempt from review under the California Environmental Quality Act pursuant to Public Resources Code Section 21080.17. Applicant: City of San Bernardino – Community Development & Housing Department Notice is further given that members of the public who wish to comment on the public hearing you may participate in the following ways: 1) comments and contact information can be emailed to publiccomments@sbcity.org by 2:30 P.M. the day of the scheduled meeting; 2) attending the meeting in person and providing your public comment in person, not to exceed three minutes. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public meeting described in this notice or written correspondence delivered to the City Clerk at or prior to the public meeting. The City endeavors to be in total compliance with the Americans with Disabilities Act. If you require assistance or auxiliary aids to participate in the meeting, please contact the City Clerk’s Office as far in advance of the meeting as possible. Additional information concerning the above matter may be obtained from, and written comments should be addressed to, San Bernardino City Clerk, 290 North D Street, San Bernardino, California 92401. Genoveva Rocha, CMC City Clerk DATED: December 3, 2024        Packet Page. 68 Development Code Amendment 24-04 (2024 ADU Legislative Update) Presented by Travis Martin, Principal Planner Community Development and Housing Department        Packet Page. 69 Background: May 2021 – MC-1559 adopted, establishing standards for  Accessory Dwelling Units in compliance with Government  Code December 2022 – MC-1604 adopted, updating standards for  Accessory Dwelling Units in compliance with SB 897 September 2024 – Governor signed into law AB 2533 and SB  1211 further amending Government Code Effective January 1, 2025 - Existing local ordinances not  in compliance found null and void        Packet Page. 70 Significant Changes: AB 2533 § Expands the prohibition on requiring replacement parking to include  “uncovered” parking spaces demolished for construction of an ADU        Packet Page. 71 Significant Changes: SB 1211 § Expands prohibition on replacement parking to include removal of  uncovered parking spaces § Establishes definition for “livable space” § Multi-family lots may now permit development of up to 8 detached  ADUs… not to exceed the number of existing units on the property        Packet Page. 72 Recommendation: Adopt Urgency Ordinance of the Mayor and City Council of the City of San  Bernardino, California, approving Development Code Amendment 24-04; and finding  such action statutorily exempt from the California Environmental Quality Act under  Public Resources Code Section 21080.17 (Attachment 1 and Attachment 2); and   Introduce for first reading, read by title only, and waive further reading of Ordinance  of the Mayor and City Council of the City of San Bernardino, California, approving  Development Code Amendment 24-04; and finding such action statutorily exempt  from the California Environmental Quality Act under Public Resources Code  Section 21080.17 (Attachment 3 and Attachment 4); and   Schedule the adoption of Ordinance to the regularly scheduled meeting of the Mayor  and City Council on January 15th, 2025. The Mayor and City  Council: 1. 2. 3.        Packet Page. 73 2 4 2 5 PUBLIC HEARING City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director of Economic Development Department:Economic Development Subject:Public Hearing on Annexation No. 47 to Community Facilities District 2019-1 (Maintenance Services) - Dutch Bros Coffee (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-238 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-239 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, and streets, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and        Packet Page. 74 2 4 2 5 6. Schedule the adoption of Ordinance No. MC-1646 for January 15, 2025. Executive Summary The recommended actions are the second step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result of the new development which will include a drive-thru restaurant (Dutch Bros Coffee). The City Council approved the Resolution of Intention on November 6, 2024, setting today the time and place of the public hearing. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development. Background On November 6, 2024, the Mayor and City Council adopted Resolution No. 2024-216, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for December 18, 2024, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on November 19, 2024, at 2:09 p.m. in Book 92 Page 15, Document No. 2024-0277417 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.   The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 2.71 gross acres of zoned commercial property within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a drive-thru restaurant. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Maintenance of landscaping and other public improvements installed within the public rights-of-way; and 2. Public lighting and appurtenant facilities, including streetlights within public rights- of-way and traffic signals; and 3. Maintenance of streets, including street sweeping, pavement management and sidewalks; and        Packet Page. 75 2 4 2 5 4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed area to be annexed into the CFD will be included in Tax Zone 47 and is located southeast of E Hospitality Ln, north of Harriman Pl., and west of S Tippecanoe Ave, as shown in Attachment #13. The maximum annual special tax for this development has been calculated to be $5,635 per acre for FY 2024/25. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello- Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted November 6, 2024. •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for January 15, 2025. Discussion The Resolution of Intention called for a public hearing to be held on December 18, 2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the 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        Packet Page. 76 2 4 2 5 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. 2024-___, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-___ declaring the results of the election. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $15,310 from Special Tax A to be used to pay for maintenance costs within the development. All costs associated with annexation into the CFD have been borne by the Developer. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-238 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-239 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 47); and        Packet Page. 77 2 4 2 5 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1646 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of landscaping, lighting, streets, street sweeping, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1646 for January 15, 2025. Attachments Attachment 1 - Resolution No. 2024-238 - Resolution Calling Election Attachment 2 - Exhibit A Description of Territory Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot Attachment 5 - Exhibit D Full Text of Proposition Attachment 6 - Resolution No. 2024-239 - Resolution Declaring Election Results Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1646 Attachment 9 - Exhibit A Description of Services Attachment 10 - Exhibit B Parcel List Attachment 11 - Exhibit E – Signed Petition and Waiver Attachment 12 - PowerPoint Presentation Attachment 13 - Project Map Attachment 14 - Proof of Publication Notice of Public Hearing – CFD 2019-1 Annex 47 Ward: Third Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes        Packet Page. 78 2 4 2 5 to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. November 6, 2024 Mayor and City Council adopted Resolution No. 2024-216, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.        Packet Page. 79 Resolution No. 2024-238 Resolution No. 2024-238 December 18, 2024 1 of 6 5 9 8 7 RESOLUTION NO. 2024-238 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 47) WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on November 6, 2024 duly adopted Resolution No. 2024- 216 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for December 18, 2024; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 47 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder; and        Packet Page. 80 Resolution No. 2024-238 Resolution No. 2024-238 December 18, 2024 2 of 6 5 9 8 7 WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on December 18, 2024, not earlier than the hour of 5:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed 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 December 18, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the        Packet Page. 81 Resolution No. 2024-238 Resolution No. 2024-238 December 18, 2024 3 of 6 5 9 8 7 special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on December 18, 2024, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on October 30, 2024 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have 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.        Packet Page. 82 Resolution No. 2024-238 Resolution No. 2024-238 December 18, 2024 4 of 6 5 9 8 7 (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be included in the ballot pamphlet mailed to each qualified elector. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 5:00 p.m. on December 18, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on December 18, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately.        Packet Page. 83 Resolution No. 2024-238 Resolution No. 2024-238 December 18, 2024 5 of 6 5 9 8 7 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of December 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 84 Resolution No. 2024-238 Resolution No. 2024-238 December 18, 2024 6 of 6 5 9 8 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-238, adopted at a regular meeting held on the 18th day of December 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 85 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 47 is currently comprised two (2) parcels, located within the City boundaries. The properties are identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0281-361-22 CVP Hospitality CA, LLC 0281-361-23 CVP Hospitality CA, LLC        Packet Page. 86 EXHIBIT B City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.        Packet Page. 87 City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.        Packet Page. 88 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 Page. 89 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 Page. 90 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 Page. 91 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 Page. 92 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 Page. 93 City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of        Packet Page. 94 City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).        Packet Page. 95 City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.        Packet Page. 96 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 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 47 PM 17772 Item Description Estimated Cost 1 Landscaping $2,078 2 Lighting $7,877 3 Streets $2,093 4 Reserves $1,807 5 Admin $1,455 Total $15,310 Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 47 FY 2024-25 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Non-Residential Property Acre $5,635 $0 TAX ZONE 47 FY 2024-25 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $5,635 $0        Packet Page. 97 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE SUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613, 4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC 35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation 39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC        Packet Page. 98 City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined 47 47 PM 17772 2024-25 $5,635 / Acre $0/Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0/Acre City of Riverside 50 50 CUP 23-06 2024-25 $25,481/Acre $0/Acre Gateway SB, LLC ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.        Packet Page. 99 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.        Packet Page. 100 City of San Bernardino 15 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES        Packet Page. 101        Packet Page. 102        Packet Page. 103 EXHIBIT C CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 47 (December 18, 2024) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes CVP Hospitality CA, LLC 2.71 3 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than December 4, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on December 18, 2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 18, 2024. Very truly yours, Genoveva Rocha, CMC, City Clerk        Packet Page. 104 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): CVP Hospitality CA, LLC Attn: John Bonsall 2188 SW Park Place, Suite 100 Portland, OR 97205 0281-361-23, 0281-361-22 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Non-Residential Property Acre $5,635 plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 47 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, and streets, as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6, 2024, and shall an appropriation limit be established for the Community Facilities District No. 2019- 1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. John Bonsall Manager Signature Print Name Title        Packet Page. 105 EXHIBIT D FULL TEXT OF PROPOSITION SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 47) December 18, 2024 SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Non-Residential Property Acre $5,635 plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 47 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, and streets as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6, 2024, and shall an appropriation limit be established for the Community Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?        Packet Page. 106 Resolution No. 2024-239 Resolution No. 2024-239 December 18, 2024 1 of 3 5 9 8 9 RESOLUTION NO. 2024-239 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 47) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-238 calling a special election for December 18, 2024 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 December 18, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3.Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said        Packet Page. 107 Resolution No. 2024-239 Resolution No. 2024-239 December 18, 2024 2 of 3 5 9 8 9 Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-216 adopted by the Mayor and City Council on November 6, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 47 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 15, in the office of the San Bernardino County Recorder. SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. SECTION 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 18th day of December 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 108 Resolution No. 2024-239 Resolution No. 2024-239 December 18, 2024 3 of 3 5 9 8 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-239, adopted at a regular meeting held on the 18th day of December 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 109 EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 47 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated October 30, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed. Landowner Qualified Landowner Votes Votes Cast YES NO CVP Hospitality CA, LLC 3 3 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024. Genoveva Rocha, CMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot)        Packet Page. 110 Ordinance No. MC-1646 1 5 9 9 0 ORDINANCE NO. MC-1646 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2024-2025 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, STREETS, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on December 18, 2024, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and        Packet Page. 111 Ordinance No. MC-1646 2 5 9 9 0 WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2024-2025, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2025. Helen Tran, Mayor City of San Bernardino Attest:        Packet Page. 112 Ordinance No. MC-1646 3 5 9 9 0 Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 113 Ordinance No. MC-1646 4 5 9 9 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 Ordinance No. MC-1646, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 18th day of December, 2024. Ordinance No. MC-1646 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2025. Genoveva Rocha, CMC, City Clerk        Packet Page. 114 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.        Packet Page. 115 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25 (Effective as of December 18, 2024) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-811-01 thru -13 and 0142-811-14 Cauffman Family Trust 5/4/11 0142-041-52 1 17329, LLC 0261-031-10, -13, 0261-771-01 thru -29 and 0348-111-52 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-761-01 thru -65 and 0261-762-01 thru -72 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC 0281-441-01 thru -56 and 0281-442-01 thru -55 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-29 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27, 0137-052-46, 0274-011-11, -12, - 34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-33, -40, -44 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 RGC Family Trust 0142-325-04 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 SBABP IV, LLC 0136-371-36, -37, -40, -43 22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18 24 PI Properties, LLC 0143-191-59 25 Pacific West Company, Chenmei Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25        Packet Page. 116 Annexation Owner Assessor's Parcel Numbers 26 To Be Determined 27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38 28 Verdemont Ranch 20, LLC 0348-111-51 29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15 30 California Cajun Properties LLC 0261-182-43 31 Elliott Precision Clock Co. 0142-211-29 32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41 33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10 34 MLG SB Land, LLC & Grandfather’s Land Holdings, LLC 0280-091-27 35 SimonCRE JC Saguaro III, LLC 0285-742-18 36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC 0142-621-13, -14, -15, -16, -17, 18, -19, -20, -21, -22, -23, -24 38 In-N-Out Burgers 0134-093-48 and 0134-093-05 39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28 40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22 41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39 43 Gateway SB LLC 0134-101-28, -02, -03, -04, -05, -06 44 Paladin Equity SB LLC 0281-361-28 45 GWS #8 Development LLC 0280-171-01 thru -11, 0280-161- 03, 0280-161-05 thru -18, 0280- 161-30, 0280-151-27, -28 46 To Be Determined 47 CVP Hospitality CA, LLC 0281-361-23, 0281-361-22        Packet Page. 117 EXHIBIT E        Packet Page. 118        Packet Page. 119        Packet Page. 120        Packet Page. 121        Packet Page. 122        Packet Page. 123        Packet Page. 124        Packet Page. 125        Packet Page. 126 Public Hearing CFD No. 2019-1 Annexation No. 47: PM 17772 (CVP Hospitality CA, LLC) Presented by: Spicer Consulting Group        Packet Page. 127 Public Hearing on CFD 2019-1 Annexation No. 47 Recommended Action: 1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions: a. Hold public hearing, b. Adopt a Resolution calling the election, c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and 2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and 3. Schedule the adoption of the Amended Ordinance for January 15, 2025.        Packet Page. 128 Public Hearing on CFD 2019-1 Annexation No. 47 Discussion: •The Property Owner, CVP Hospitality CA LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. •The proposed project will include a drive-thru restaurant. The development was fully approved on August 9, 2022. •The area proposed within Annexation No. 47 includes two (2) parcels, APNs 0281-361-23 and 0281-361-22. •On November 6, 2024, the City Council adopted Resolution No. 2024-216, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on December 18, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $5,635 per acre for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 47. •The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.        Packet Page. 129 Public Hearing on CFD 2019-1 Annexation No. 47 Discussion (Cont.) •The services, which may be funded with proceeds of the special tax include but are not limited to: •All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.        Packet Page. 130 Project Location •The property is located southeast of E Hospitality Ln, north of Harriman Pl., and west of S Tippecanoe Ave •Ward: Third Ward        Packet Page. 131 Public Hearing on CFD 2019-1 Annexation No. 47 Fiscal Impact: •It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $15,310. All costs associated with the annexation are borne by the Developer. There is no fiscal impact to the City’s General Fund.        Packet Page. 132 Questions?        Packet Page. 133 GOULD ST TIPPECANOE AVEHOSPITALITYLNH ARRIMANP L CARNEGIE DR CO ULSTON ST CONEJO DR^_ MIL L ST SPRUCE ST SIERRA WAY2ND ST ORANGE SHOW RD 4TH ST CENTRAL AVE NORMA N R D PENNSYLVANIA AVEWATERMAN AVEACADEMY STMT.VIEW AVECOLTON AVEREDLANDS BLVD MIL L ST §¨¦10 CFD NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 47 PROJECT MAP        Packet Page. 134 Type Description Amount DAILY JOURNAL CORPORATION LEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026 PHONE: (213) 229-5300 FAX (213) 229-5481 FEDERAL TAX ID:95-4133299 Date Customer Account Number Customer Payment Reference Special Project Order No Page 1 of 1 Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAU Ordered by: For payment processing, please forward to: DUE UPON RECEIPT. INVOICE B3875519 12/2/2024 03-027 1124119954 201 N. E ST. BUILDING A SAN BERNARDINO, CA 92401 USA 201 N. E ST. BUILDING A SAN BERNARDINO, CA 92401 USA PERLA LOPEZ CITY OF SAN BERNARDINO/CITY CLERK - LEAD EXECUTIVE ASSISTANT ACCOUNTS PAY CITY OF SAN BERNARDINO/CITY CLERK - LEAD 311.70 12/02/202489900 SAN BERNARDINO COUNTY SUN HRG NOTICE OF HEARING NOTICE OF PH ANNEX 47InvoiceB3875519 251.46$ 1.27 * 99 AgateLines * 2 Cols * 1 Ins 60.24ONLINE To pay online, go to adtech.dailyjournal.com/payment Invoice Date Government Advertising - Division 1124 Invoice Number Customer Number Amount Due DAILY JOURNAL CORPORATION ATTN: ACCOUNTS RECEIVABLE PO BOX 54026 LOS ANGELES, CA 90054-0026 311.70 Payment:0.00 Total: Please Pay: PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT. CALIFORNIA NEWSPAPER SERVICE BUREAU 311.70 311.70 1124119954B387551912/2/2024 SAN BERNARDINO, CA 92401 USA 201 N. E ST. BUILDING A CITY OF SAN BERNARDINO/CITY CLERK - LEAD EXECUTIVE ASSISTANT ACCOUNTS PAY Please make check payable to: Daily Journal Corporation !A000006974650!invoice with your payment. For account support, 2132295584.or call: anthony_gutierrez@dailyjournal.complease email: on your check. Also, please detach and return this portion of the To ensure proper credit please write your account number 1124119954        Packet Page. 135 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3875519 Perla Lopez CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING Notice of PH Annex 47 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 12/02/2024 12/02/2024 SAN BERNARDINO !A000006974651! Email NOTI CE OF PUB LIC HEARI NG ON I NTENTIO N TO ANNEX TERRITORY TO AN EXISTI NG COMMUNITY FA CILITIES DISTRI CT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.47) NOTICE IS HEREB Y GIVEN that the City Council of the City of San Bernardino on November 6,2024 adopted its Resolution No.2024-216, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services)(the "CFD No.2019-1"),and to levy a special tax to pay for certain maintenance services,all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5,Part 1,Division 2,Title 5 of the California Government Code.The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax.No change in the tax levied in the existing CFD No.2019-1 is proposed. NOTICE IS HEREB Y FURT HER GIVEN that the City Council has fixed 5:00 p.m.,or as soon thereafter as practicable,Wednesday, December 18,2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street,San Bernardino, California,as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1.At the hearing,the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard.If and to the extent participation in the December 18, 2024 meeting must occur by teleconference,videoconference,or other electronic means authorized by the Ralph M.Brown Act or an Executive Order of the Governor of California,the means and methods for participating the meeting shall be posted on the Agenda for said meeting,which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org),and outside of the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,92410.A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002. DATED:November 27,2024 Genoveva Rocha City Clerk of the City of San Bernardino 12/2/24        Packet Page. 136 SBS-3875519#        Packet Page. 137 2 4 2 8 PUBLIC HEARING City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; Kenneth Chapa, Director of Economic Development Department:Economic Development Subject:Public Hearing on Annexation No. 48 to Community Facilities District 2019-1 (Maintenance Services) for Piedmont Mobile Home Estates (Ward 4) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-240 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and 3. Hold a special landowner election and canvass the election; and 4. Adopt Resolution No. 2024-241 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1647 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of lighting, street maintenance, park maintenance, graffiti abatement, and a reserve fund for capital replacement, and administrative expenses with        Packet Page. 138 2 4 2 8 respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1647 for January 15, 2025. Executive Summary The recommended actions are the second step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services) for a forty-nine (49) unit senior citizen mobile home park. The property owner has petitioned the City to annex into the City’s CFD to mitigate it’s impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on November 6, 2024, setting today the time and place of the public hearing. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development. Background On November 6, 2024, the Mayor and City Council adopted Resolution No. 2024-215, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for December 18, 2024, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on November 19, 2024, at 2:10 p.m. in Book 92 Page 16, Document No. 2024-0277418 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.   The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 6.79 gross acres of zoned residential property within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will consist of a forty-nine (49) unit senior citizen mobile home park. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including streetlights within public rights-of-way and traffic signals; and 2. Maintenance of streets, including street sweeping, pavement management and sidewalks; and        Packet Page. 139 2 4 2 8 3. Maintenance of Parks; and 4. Graffiti abatement; and 5. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed area to be annexed into the CFD will be included in Tax Zone 48 and is located at the east side of N. Piedmont Avenue, as shows in Attachment #13. The maximum annual special tax for this development has been calculated to be $247 for FY 2024/25. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. •Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted November 6, 2024. •Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. •Resolution declaring the results of the election and directing the recording of the notice of special tax lien. •Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for January 15, 2025. Discussion The Resolution of Intention called for a public hearing to be held on December 18, 2024, on the issue of the annexation of territory into CFD No. 2019-1. Under the 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        Packet Page. 140 2 4 2 8 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. 2024-___, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2024-___ declaring the results of the election. 2021-2025 Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $12,086 from Special Tax A to be used to pay for maintenance costs within the development. All costs associated with annexation into the CFD have been borne by the Developer. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; and 2. Adopt Resolution No. 2024-240 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and 3. Hold a special landowner election and canvass the election; and        Packet Page. 141 2 4 2 8 4. Adopt Resolution No. 2024-241 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 48); and 5. Introduce, read by title only, and waive further reading of Ordinance No. MC- 1647 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2024-2025 to pay annual costs of the maintenance and servicing of lighting, streets, parks, graffiti abatement, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1647 for January 15, 2025. Attachments Attachment 1 - Resolution No. 2024-240- Resolution Calling Election Attachment 2 - Exhibit A Description of Territory Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot Attachment 5 - Exhibit D Full Text of Proposition Attachment 6 - Resolution No. 2024-241- Resolution Declaring Election Results Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1647 Attachment 9 - Exhibit A Description of Services Attachment 10 - Exhibit B Parcel List Attachment 11 - Exhibit E – Signed Petition and Waiver Attachment 12 - PowerPoint Presentation Attachment 13 - Project Map Attachment 14 - Proof of Publication Notice of Public Hearing – CFD 2019-1 Annex 48 Ward: Fourth Ward Synopsis of Previous Council Actions: 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.        Packet Page. 142 2 4 2 8 August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. November 6, 2024 Mayor and City Council adopted Resolution No. 2024-215, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.        Packet Page. 143 Resolution No. 2024-240 Resolution No. 2024-240 December 18, 2024 Page 1 of 6 5 9 9 4 RESOLUTION NO. 2024-240 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 48) WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on November 6, 2024 duly adopted Resolution No. 2024- 215 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for December 18, 2024; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 48 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder; and        Packet Page. 144 Resolution No. 2024-240 Resolution No. 2024-240 December 18, 2024 Page 2 of 6 5 9 9 4 WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on December 18, 2024, not earlier than the hour of 5:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed 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 December 18, 2024 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the        Packet Page. 145 Resolution No. 2024-240 Resolution No. 2024-240 December 18, 2024 Page 3 of 6 5 9 9 4 special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council, with respect to the annexation of territory to CFD No. 2019-1, are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on December 18, 2024, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on October 30, 2024 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have 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.        Packet Page. 146 Resolution No. 2024-240 Resolution No. 2024-240 December 18, 2024 Page 4 of 6 5 9 9 4 (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be included in the ballot pamphlet mailed to each qualified elector. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 5:00 p.m. on December 18, 2024. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on December 18, 2024, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately.        Packet Page. 147 Resolution No. 2024-240 Resolution No. 2024-240 December 18, 2024 Page 5 of 6 5 9 9 4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of December 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 148 Resolution No. 2024-240 Resolution No. 2024-240 December 18, 2024 Page 6 of 6 5 9 9 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. 2024-240, adopted at a regular meeting held on the 18th day of December 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 149 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 48 is currently comprised one (1) parcel, located within the City boundaries. The properties are identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 1199-671-13 Piedmont Venture I, LLC        Packet Page. 150 EXHIBIT B City of San Bernardino 1 Community Facilities District No. 2019-1 (Maintenance Services) RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019-1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein. A. DEFINITIONS “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be calculated by the Administrator. “Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019-1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. “Administrator” means the City Manager of the City of San Bernardino, or his or her designee. “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied. “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino. “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.        Packet Page. 151 City of San Bernardino 2 Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building. “Calendar Year” means the period commencing January 1 of any year and ending the following December 31. “CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). “City” means the City of San Bernardino. “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator. “County” means the County of San Bernardino. “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G. “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision. “Fiscal Year” means the period from and including July 1st of any year to and including the following June 30th. “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied. “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B (Contingent), as applicable. “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.        Packet Page. 152 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 Page. 153 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 Page. 154 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 Page. 155 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 Page. 156 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 Page. 157 City of San Bernardino 8 Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. c. Undeveloped Property The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below: TABLE 6 MAXIMUM SPECIAL TAX B (CONTINGENT) RATES UNDEVELOPED PROPERTY Tax Zone Tracts Taxable Unit Maximum Special Tax B (Contingent) 1 TR 17170 Acre $0 On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater. D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX 1. Special Tax A Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows: First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone; Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property; Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property. 2. Special Tax B (Contingent) Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of        Packet Page. 158 City of San Bernardino 9 Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement; Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property; Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property. E. FUTURE ANNEXATIONS It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A. F. DURATION OF SPECIAL TAX For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided. For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided. G. EXEMPTIONS The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by the Administrator. H. APPEALS Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 2019-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).        Packet Page. 159 City of San Bernardino 10 Community Facilities District No. 2019-1 (Maintenance Services) I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.        Packet Page. 160 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 2024-25. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1. TAX ZONE 48 1199-671-13 Item Description Estimated Cost 1 Lighting $144 2 Streets $2,558 3 Parks $6,397 4 Graffiti $323 5 Reserves $1,413 6 Admin $1,250 Total $12,086 Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019-1. However, additional Tax Zones may have Special Tax B Contingent Services being provided. TAX ZONE 48 FY 2024-25 MAXIMUM SPECIAL TAX RATES DEVELOPED PROPERTY AND APPROVED PROPERTY Land Use Category Taxable Unit Maximum Special Tax A Maximum Special Tax B Single Family Residential RU $247 $0 Multi-Family Residential RU $247 $0 Non-Residential Property Acre $1,777 $0 TAX ZONE 48 FY 2024-25 MAXIMUM SPECIAL TAX RATES UNDEVELOPED PROPERTY Taxable Unit Maximum Special Tax A Maximum Special Tax B Acre $1,777 $0        Packet Page. 161 City of San Bernardino 12 Community Facilities District No. 2019-1 (Maintenance Services) TAX ZONE SUMMARY Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined 27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 / Acre California Cajun Properties LLC 31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613, 4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC 35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation 39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC        Packet Page. 162 City of San Bernardino 13 Community Facilities District No. 2019-1 (Maintenance Services) Annexation Tax Zone Tract APN Fiscal Year Maximum Special Tax A Maximum Special Tax B Subdivider 43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined 47 47 PM 17772 2024-25 $5,635 / Acre $0/Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247/RU $0/RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0/Acre City of Riverside 50 50 CUP 23-06 2024-25 $25,481/Acre $0/Acre Gateway SB, LLC ESCALATION OF MAXIMUM SPECIAL TAXES On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.        Packet Page. 163 City of San Bernardino 14 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.        Packet Page. 164 City of San Bernardino 15 Community Facilities District No. 2019-1 (Maintenance Services) APPENDIX C CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES        Packet Page. 165        Packet Page. 166        Packet Page. 167 EXHIBIT C CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 48 (December 18, 2024) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Piedmont Venture I, LLC 6.79 7 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than December 4, 2024, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on December 18, 2024, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on December 18, 2024. Very truly yours, Genoveva Rocha, CMC, City Clerk        Packet Page. 168 TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Piedmont Venture I, LLC Attn: Ali Sahabi 2014 Ashington Dr., Glendale, CA 91206 1199-671-13 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Single Family Residential RU $247 plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 48 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, parks, and graffiti abatement as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-215 adopted by the City Council of the City of San Bernardino on November 6, 2024, and shall an appropriation limit be established for the Community Facilities District No. 2019- 1 (Maintenance Services) in the amount of special taxes collected? YES _________ 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__. Ali Sahabi Manager Signature Print Name Title        Packet Page. 169 EXHIBIT D FULL TEXT OF PROPOSITION SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 48) December 18, 2024 SPECIAL TAX BALLOT MEASURE: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates set forth in the following table: Land Use Category Taxable Unit Maximum Special Tax A Single Family Residential RU $247 plus an annual increase on each July 1, commencing on July 1, 2025 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 48 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” including lighting, streets, parks, and graffiti abatement as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2024-216 adopted by the City Council of the City of San Bernardino on November 6, 2024, and shall an appropriation limit be established for the Community Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?        Packet Page. 170 Resolution No. 2024-241 Resolution No. 2024-241 December 18, 2024 Page 1 of 4 5 9 9 6 RESOLUTION NO. 2024-241 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 48) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2024-240 calling a special election for December 18, 2024 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 December 18, 2024, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3.Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said        Packet Page. 171 Resolution No. 2024-241 Resolution No. 2024-241 December 18, 2024 Page 2 of 4 5 9 9 6 Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2024-215 adopted by the Mayor and City Council on November 6, 2024. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 48 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on November 19, 2024, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder. SECTION 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 18th day of December 2024. Helen Tran, Mayor City of San Bernardino        Packet Page. 172 Resolution No. 2024-241 Resolution No. 2024-241 December 18, 2024 Page 3 of 4 5 9 9 6 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 173 Resolution No. 2024-241 Resolution No. 2024-241 December 18, 2024 Page 4 of 4 5 9 9 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. 2024-241, adopted at a regular meeting held on the 18th day of December 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 174 EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 48 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated October 30, 2024, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed. Landowner Qualified Landowner Votes Votes Cast YES NO Piedmont Venture I, LLC 7 7 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2024. Genoveva Rocha, CMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot)        Packet Page. 175 Ordinance No. MC-1647 1 5 8 9 0 ORDINANCE NO. MC-1647 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2024-2025 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LIGHTING, STREETS, PARKS, GRAFFITI ABATEMENT, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on December 18, 2024, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and        Packet Page. 176 Ordinance No. MC-1647 2 5 8 9 0 WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2024-2025, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2025. Helen Tran, Mayor City of San Bernardino        Packet Page. 177 Ordinance No. MC-1647 3 5 8 9 0 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 178 Ordinance No. MC-1647 4 5 8 9 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 Ordinance No. MC-1647, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 18th day of December 2024. Ordinance No. MC-1647 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2025 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2025. Genoveva Rocha, CMC, City Clerk        Packet Page. 179 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.        Packet Page. 180 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2024-25 (Effective as of December 18, 2024) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-811-01 thru -13 and 0142-811-14 Cauffman Family Trust 5/4/11 0142-041-52 1 17329, LLC 0261-031-10, -13, 0261-771-01 thru -29 and 0348-111-52 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-761-01 thru -65 and 0261-762-01 thru -72 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC 0281-441-01 thru -56 and 0281-442-01 thru -55 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-29 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27, 0137-052-46, 0274-011-11, -12, - 34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-33, -40, -44 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 RGC Family Trust 0142-325-04 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 SBABP IV, LLC 0136-371-36, -37, -40, -43 22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18 24 PI Properties, LLC 0143-191-59 25 Pacific West Company, Chenmei Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25        Packet Page. 181 Annexation Owner Assessor's Parcel Numbers 26 To Be Determined 27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38 28 Verdemont Ranch 20, LLC 0348-111-51 29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15 30 California Cajun Properties LLC 0261-182-43 31 Elliott Precision Clock Co. 0142-211-29 32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41 33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10 34 MLG SB Land, LLC & Grandfather’s Land Holdings, LLC 0280-091-27 35 SimonCRE JC Saguaro III, LLC 0285-742-18 36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC 0142-621-13, -14, -15, -16, -17, 18, -19, -20, -21, -22, -23, -24 38 In-N-Out Burgers 0134-093-48 and 0134-093-05 39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28 40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22 41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39 43 Gateway SB LLC 0134-101-28, -02, -03, -04, -05, -06 44 Paladin Equity SB LLC 0281-361-28 45 GWS #8 Development LLC 0280-171-01 thru -11, 0280-161- 03, 0280-161-05 thru -18, 0280- 161-30, 0280-151-27, -28 46 To Be Determined 47 CVP Hospitality CA, LLC 0281-361-22, 0281-361-23 48 Piedmont Venture I, LLC 1199-671-13        Packet Page. 182 EXHIBIT E        Packet Page. 183        Packet Page. 184 Public Hearing CFD No. 2019-1 Annexation No. 48: Piedmont Park Estates (Piedmont Venture I, LLC) Presented by: Spicer Consulting Group        Packet Page. 185 Public Hearing on CFD 2019-1 Annexation No. 48 Recommended Action 1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions: a. Hold public hearing, b. Adopt a Resolution calling the election, c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and 2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and 3. Schedule the adoption of the Amended Ordinance for January 15, 2025.        Packet Page. 186 Public Hearing on CFD 2019-1 Annexation No. 48 Discussion •The Property Owner, Piedmont Venture I, LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. •The proposed project will include forty-nine (49) mobile home units for senior citizens (55+). The development was fully approved on November 12, 2019. •The area proposed within Annexation No. 48 includes one (1) parcel, APNs 1199-671-13. •On November 6, 2024, the City Council adopted Resolution No. 2024-215, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on December 18, 2024. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $247 per unit for Special Tax A will be included in CFD No. 2019-1 as Tax Zone 48. •The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.        Packet Page. 187 Public Hearing on CFD 2019-1 Annexation No. 48 Discussion (Cont.) •The services, which may be funded with proceeds of the special tax include but are not limited to: •All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.        Packet Page. 188 Project Location •The property is located at the east side of Piedmont Ave. •Ward: Fourth Ward        Packet Page. 189 Public Hearing on CFD 2019-1 Annexation No. 48 Fiscal Impact: •It is anticipated that at build-out the total Special Tax A revenues to pay for maintenance costs will be approximately $12,086. All costs associated with the annexation are borne by the Developer. There is no fiscal impact to the City’s General Fund.        Packet Page. 190 Questions?        Packet Page. 191 ORCHID DR PIE D MO NT DR PIEDMONTAVELAPRAIXAVEBRADFORDAVECROYDON ST 28TH ST CIENEGA DROLEAN D ER DR SEINEAVECITYCREEK330RDHIGHLAND AVE BOULDER AVE^_MOUNTIAN AVECITRUS ST PACIFIC ST FOOTHILL DR PARKDALE DR TIPPECANOE STORANGE STSEINEAVEHIGHLA NDAVE PIEDMONTDR BUC K E Y E ST CHURCH AVECLIFTON ST BUCK W HEAT AVE PALM AVEOLIVE TREE LNBURNS LN BASELINE ST VILLA CT29TH ST ·|}þ330 ·|}þ210 CFD NO. 2019-1 (MAINTENANCE SERVICES)ANNEXATION NO. 48 PROJECT MAP        Packet Page. 192 Type Description Amount DAILY JOURNAL CORPORATION LEGAL ADVERTISING P.O. Box 54026 LOS ANGELES CALIFORNIA 90054-0026 PHONE: (213) 229-5300 FAX (213) 229-5481 FEDERAL TAX ID:95-4133299 Date Customer Account Number Customer Payment Reference Special Project Order No Page 1 of 1 Invoice NumberCALIFORNIA NEWSPAPER SERVICE BUREAU Ordered by: For payment processing, please forward to: DUE UPON RECEIPT. INVOICE B3875515 12/2/2024 03-027 1124119954 201 N. E ST. BUILDING A SAN BERNARDINO, CA 92401 USA 201 N. E ST. BUILDING A SAN BERNARDINO, CA 92401 USA PERLA LOPEZ CITY OF SAN BERNARDINO/CITY CLERK - LEAD EXECUTIVE ASSISTANT ACCOUNTS PAY CITY OF SAN BERNARDINO/CITY CLERK - LEAD 311.70 12/02/202489900 SAN BERNARDINO COUNTY SUN HRG NOTICE OF HEARING NOTICE OF PH ANNEX 48InvoiceB3875515 251.46$ 1.27 * 99 AgateLines * 2 Cols * 1 Ins 60.24ONLINE To pay online, go to adtech.dailyjournal.com/payment Invoice Date Government Advertising - Division 1124 Invoice Number Customer Number Amount Due DAILY JOURNAL CORPORATION ATTN: ACCOUNTS RECEIVABLE PO BOX 54026 LOS ANGELES, CA 90054-0026 311.70 Payment:0.00 Total: Please Pay: PLEASE PROCESS FOR PAYMENT IMMEDIATELY. DUE UPON RECEIPT. CALIFORNIA NEWSPAPER SERVICE BUREAU 311.70 311.70 1124119954B387551512/2/2024 SAN BERNARDINO, CA 92401 USA 201 N. E ST. BUILDING A CITY OF SAN BERNARDINO/CITY CLERK - LEAD EXECUTIVE ASSISTANT ACCOUNTS PAY Please make check payable to: Daily Journal Corporation !A000006974648!invoice with your payment. For account support, 2132295584.or call: anthony_gutierrez@dailyjournal.complease email: on your check. Also, please detach and return this portion of the To ensure proper credit please write your account number 1124119954        Packet Page. 193 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3875515 Perla Lopez CITY OF SAN BERNARDINO/CITY CLERK - LEAD 201 N. E ST. BUILDING A SAN BERNARDINO, CA - 92401 HRG - NOTICE OF HEARING Notice of PH Annex 48 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 12/02/2024 12/02/2024 SAN BERNARDINO !A000006974649! Email NOTI CE OF PUB LIC HEARI NG ON I NTENTIO N TO ANNEX TERRITORY TO AN EXISTI NG COMMUNITY FA CILITIES DISTRI CT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.48) NOTICE IS HEREB Y GIVEN that the City Council of the City of San Bernardino on November 6,2024 adopted its Resolution No.2024-215, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services)(the "CFD No.2019-1"),and to levy a special tax to pay for certain maintenance services,all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5,Part 1,Division 2,Title 5 of the California Government Code.The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax.No change in the tax levied in the existing CFD No.2019-1 is proposed. NOTICE IS HEREB Y FURT HER GIVEN that the City Council has fixed 5:00 p.m.,or as soon thereafter as practicable,Wednesday, December 18,2024 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street,San Bernardino, California,as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1.At the hearing,the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard.If and to the extent participation in the December 18, 2024 meeting must occur by teleconference,videoconference,or other electronic means authorized by the Ralph M.Brown Act or an Executive Order of the Governor of California,the means and methods for participating the meeting shall be posted on the Agenda for said meeting,which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org),and outside of the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,92410.A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002. DATED:November 27,2024 Genoveva Rocha City Clerk of the City of San Bernardino 12/2/24        Packet Page. 194 SBS-3875515#        Packet Page. 195 2 4 2 9 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:City Clerk Subject:Maddy Act Local Appointments List Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino Adopt Resolution No. 2024-242 approving the Local Appointments List. Executive Summary On or before December 31st of each year, each legislative body shall prepare an appointments list of all regular and ongoing boards, commissions, and committees which are appointed by the legislative body of the local agency. This list is known as the Local Appointments List (Maddy Act). Background Government Code Section 5497, The Maddy Act, is intended to encourage community members to participate by ensuring awareness of appointments to serve on boards, bureaus, committees, and commissions that serve in an advisory capacity to the Mayor and City Council. Therefore, in accordance with this provision, before December 31st of each year, the City Council shall cause to be prepared a list of all ongoing boards, commissions, and committees which are appointed by the City Council. This list must include which terms will expire during the next calendar year with the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the positions. This list is required to be posted at the public library in its jurisdiction that serves the largest number of people. On December 4, 2019, the Mayor and City Council designated the Norman F. Feldheym Central Branch Public Library to receive the annual copy of the Mayor and City Council-approved Local Appointments List. Discussion The City of San Bernardino currently has seven commissions, two boards, and five committees that advise and assist the Council in dealing with specific issues. Members        Packet Page. 196 2 4 2 9 are nominated by members of the City Council and appointed by the Mayor, with the approval of the City Council. Current members on the commissions, boards, and committees will remain seated until the City Council makes new appointments. The Local Appointments List will be updated as the Mayor and City Council continue to review and consider applications to serve as members of advisory committees and make appointments. 2021-2025 Strategic Targets and Goals Approving the Local Appointments List aligns with Key Target No. 2: Focused, Aligned Leadership, and Unified Community and will ensure compliance with Government Code Section 54972. Fiscal Impact There is no fiscal impact with approving the Local Appointments List. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino Adopt Resolution No. 2024-242 approving the Local Appointments List. Attachments Attachment 1 Resolution No. 2024-242 Attachment 2 Exhibit A - Local Appointments List Ward: All Wards Synopsis of Previous Council Actions: December 6, 2023 Adopted Resolution 2023-176, designating the Norman F. Feldheym, Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (The Maddy Act) and directing that the list be posted to the city’s internet website. December 7, 2022 Adopted Resolution 2022-251, designating the Norman F. Feldheym, Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (The Maddy Act) and directing that the list be posted to the city’s internet website. December 15, 2021 Adopted Resolution 2021-290, designating the Norman F. Feldheym, Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (The Maddy Act) and directing that the list be posted to the city's internet website. December 16, 2020 Adopted Resolution 2020-288, designating the Norman F.        Packet Page. 197 2 4 2 9 Feldheym, Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (The Maddy Act) and directing that the list be posted to the city's internet website. December 4, 2019 Adopted Resolution 2019-238, designating the Norman F. Feldheym Central Branch of the San Bernardino Public Library as the public library to receive a copy of the local appointments list (The Maddy Act) and directing that the list be posted to the city's internet website.        Packet Page. 198 Resolution No. 2024-242 Resolution 2024-242 December 18, 2024 Page 1 of 3 5 9 0 1 RESOLUTION NO. 2024-242 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE LOCAL APPOINTMENTS LIST WHEREAS, the Maddy Act takes into consideration a vast and largely untapped reservoir of talent which exists among the citizenry that all too frequently is unaware of the opportunities for participation on local regulatory and advisory boards and commission; and WHEREAS, in accordance with this provision, on or before December 31st of each year, the City Council shall cause to be prepared a list of all ongoing boards, commission and committees which are appointed by the City Council, and a list of all appointive terms which will expire during the next calendar year, to include the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and WHEREAS, California Government Code Section 54973 requires the City Council to make the list available to members of the public for a reasonable fee and either post the list on its website or designate the public library with the largest service population within its jurisdiction to receive a copy of the list; and WHEREAS, on December 4, 2019, the Mayor and City Council designated the Norman F. Feldheym Central Branch Public Library to receive the annual copy of the Mayor and City Council-approved Local Appointments List. 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. Exhibit “A”, which is attached hereto and incorporated herein, accurately reflects the list of boards, commissions, and committees which are appointed by the Mayor and City Council and the appointive terms that will expire in the next calendar year, the name of the incumbent appointee, the date of appointment, date of term expires and qualifications for the positions and shall serve as the City’s Local Appointment List. SECTION 3. The Local Appointments List shall be posted on the City’s internet website. SECTION 4. The Local Appointments List shall be updated as appointments are changed. SECTION 5.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.        Packet Page. 199 Resolution No. 2024-242 Resolution 2024-242 December 18, 2024 Page 2 of 3 5 9 0 1 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 18th day of December 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 200 Resolution No. 2024-242 Resolution 2024-242 December 18, 2024 Page 3 of 3 5 9 0 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-242, adopted at a regular meeting held on the 18th day of December 2024, by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of December 2024 Genoveva Rocha, CMC, City Clerk        Packet Page. 201 City of San Bernardino Boards, Commissions and Citizen Advisory Committees 2024 Local Appointments List Pursuant to Government Code Section 54972 1 | P a g e Updated: 12/03/2024 Board/Commission/ Committee Summary Meeting Time and Location Vacancies and Terms of Office Animal Control Commission This nine (9) member commission, established by Resolution No. 2018- 45, is charged with providing advisory recommendations to the Mayor, City Council and City staff on strategies, policies, and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter; increasing awareness of animals available for adoption at the shelter; and educating the community regarding the humane treatment of animals and other matters related to animal shelter services. Each member must be a registered voter within the city and no member can be an employee of the city. The term of office coincides with the term of the nominating City Council member or Mayor. Quarterly at 4 p.m. in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Maria Lanas Ward 1 01/19/2022 12/2026 Gary M. Blake Ward 2 01/02/2019 12/2026 VACANT Ward 3 12/2024 Jodi R. Kroeger Ward 4 07/17/2024 12/2026 Laura Mitchell Ward 5 05/15/2024 12/2024 Maxine Henderson Ward 6 07/18/2016 12/2024 Alberta R. Vanettes Ward 7 03/03/2021 12/2024 Angela Halfman Mayor 08/15/2018; 05/03/2023 12/2026 Jason Kakpo-Moore Mayor 05/03/2023 12/2026 Arts and Historical Preservation Commission Established by Resolution No. 2018-97, this nine (9) member commission advises the Mayor, City Council and City Staff on matters pertaining to the arts, culture, and historic preservation and heritage in the city. The commission is also charged with serving in an advisory capacity to the Planning Commission in making recommendations relating to the designation, preservation and protection of historical properties. Each member must be a registered voter within the city and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Third Monday of each month at 4 p.m. in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Steven W. Bielak Ward 1 11/17/2021 12/2026 Darlene M. Herrera Ward 2 01/02/2019 12/2026 Anthony R. Aguirre Ward 3 12/02/2020 12/2024 Jeffreda Curry Ward 4 07/19/2023 12/2026 Michael J. Segura Ward 5 11/17/2021 12/2024 Lucy J. Sunga Ward 6 03/17/2021 12/2024 Robert A. Porter Ward 7 01/20/2021 12/2024 Simeone N. Miller Mayor 04/05/2023 12/2026 James M. Smith Mayor 04/05/2023 12/2026        Packet Page. 202 City of San Bernardino Boards, Commissions and Citizen Advisory Committees 2024 Local Appointments List Pursuant to Government Code Section 54972 2 | P a g e Updated: 12/03/2024 Charter Review Committee This nine (9) member committee, established by Resolution No. 2017-243, is tasked with completing a periodic review of the City Charter to identify potential amendments that enhance clarity, efficiency, and the principles of the council- manager form of government. Each member must be a registered voter within the city and no member can be an employee of the city. The term of office coincides with the term of the nominating City Council member or Mayor. Meets as needed in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Casey A. Dailey Ward 1 01/19/2022 12/2026 Scott P. Olson Ward 2 11/02/2022 12/2026 Angela M. Torres Ward 3 02/05/2020 12/2024 Rabbi Hillel Cohn Ward 4 03/17/2014; 06/16/2021 12/2026 VACANT Ward 5 12/2024 Rikke Van Johnson Ward 6 05/03/2023 12/2024 Phil Savage Ward 7 03/17/2014; 01/20/2021 12/2024 Timothy Prince Mayor 04/05/2023 12/2026 Leticia O. Briggs Mayor 06/07/2023 12/2026 Downtown Advisory Committee The DAC is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Resolution No. 2021-88, the Mayor shall appoint two (2) members, and each City Council member shall nominate one (1) member. In accordance with the City Charter and the City's Municipal Code, appointees must be either a resident of the City of San Bernardino, or a non- resident business or property owner. Appointees should be able to clearly articulate the community perspective and/or the area of the city in which they live or conduct business. Meets as needed in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Casey A. Dailey Ward 1 04/17/2024 12/2026 Amelia S. Lopez Ward 2 07/21/2021; 05/03/2023 12/2026 Richard R. Hernandez Ward 3 04/21/2021 12/2024 Vincent D. Laster Ward 4 07/19/2023 12/2026 Paola E. Avendano Ward 5 07/21/2021 12/2024 Michael J. Segura Ward 6 07/21/2021 12/2024 Lelita (Leta) Amick Ward 7 04/21/2021 12/2024 Amanda M. Moody Mayor 04/05/2023 12/2026 Reginald L. Woods Mayor 06/07/2023 12/2026        Packet Page. 203 City of San Bernardino Boards, Commissions and Citizen Advisory Committees 2024 Local Appointments List Pursuant to Government Code Section 54972 3 | P a g e Updated: 12/03/2024 Elected Official Compensation Advisory Commission Required by Section 305 of the City Charter and established by Municipal Code Chapter 2.19, this nine (9) member commission is charged with evaluating and making compensation recommendations to the Mayor and City Council for the City’s elected officials. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Meets as needed in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires VACANT Ward 1 12/2026 Christina Roman Ward 2 07/18/2018 12/2026 Gil Botello Ward 3 01/17/2024 12/2024 Steven L. Filson Ward 4 10/06/2021 12/2026 VACANT Ward 5 12/2024 Michael J. Guillory Ward 6 03/17/2021 12/2024 Diallo R. Changamire Johnson Ward 7 05/19/2021 12/2024 Kimberly Knaus Mayor 10/02/2019 12/2026 Malika Gardner Mayor 04/05/2023 12/2026 General Plan Advisory Committee The General Plan Advisory Committee was established by Resolution No. 2021-02 on January 20, 2021. Resolution No. 2021-02 was repealed on June 16, 2021 and replaced with Resolution No. 2021-154. The General Plan Advisory Committee (GPAC) is comprised of a total of 16 members. Each City Council member will appoint two (2) members. One appointment will be a voting member and the other will be an alternate for each of the Council Wards. The Mayor will appoint two (2) at large representatives with one serving as a voting member and one serving as an alternate member. Appointees shall be residents of the City of San Bernardino. The perspective individuals should be able to clearly articulate the community perspective and/or the area of the City in which they live. Meets as needed in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Casey A. Dailey (V) Ward 1 04/17/2024 12/2026 Reuben J. Arceo (A) Ward 1 03/17/2021 12/2026 Amelia S. Lopez (V) Ward 2 06/16/2021; 05/03/2023 12/2026 VACANT Ward 2 12/2026 Angela M. Torres (V) Ward 3 04/07/2021 12/2024 Anthony Aguirre (A) Ward 3 04/07/2021 12/2024 Edward G. Woolbert (V) Ward 4 07/21/2021 12/2026 Ed Neighbors (A) Ward 4 07/21/2021 12/2026 Richard Kaplan (V) Ward 5 05/19/2021 12/2024 VACANT Ward 5 12/2026 Raafi A. Bell (V) Ward 6 10/06/2021 12/2024 VACANT Ward 6 12/2026 Joel S. Rothschild (V) Ward 7 09/15/2021 12/2024 VACANT Ward 7 12/2024 VACANT Mayor 12/2026 Benjamin D. Pratt Mayor 04/05/2023 12/2026        Packet Page. 204 City of San Bernardino Boards, Commissions and Citizen Advisory Committees 2024 Local Appointments List Pursuant to Government Code Section 54972 4 | P a g e Updated: 12/03/2024 Library Board Established under City Charter Section 602, this five (5) member board is responsible for: providing adequate library services; appointing a Library Director; administering the Library budget allocated by the City Council; making and enforcing all rules and regulations applicable to library services; and administering such additional matters as may be determined by ordinance. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve for a four year term of office. Second Tuesday of each month at 3 p.m. in the Feldheym Central Library Administration Board Room at 555 West 6th Street, San Bernardino, CA 92410 Name Appointee Original Appointment Term Expires Carolyn A. Tillman At-Large 06/21/2004 01/2026 Valerie Lichtman At-Large 10/07/2013 01/2026 Randy S. Clyde At-Large 06/21/2023 01/2026 Jennifer Grant At-Large 11/06/2019 01/2026 James C. Pierson At-Large 08/16/2023 01/2026 Measure "S" Citizens Oversight Committee This nine (9) member oversight committee, is charged with reviewing and reporting on the spending plan for the one percent general district sales tax generated under Measure S passed by voters in November 2020 and verifying that the proposed expenditures are in accordance with the Measure S ballot language and the Mayor and City Council’s adopted strategic goals and priorities. The committee is also charged with reviewing and reporting annually on the results of the annual audit of the Measure S revenues and expenditures completed by an independent certified public accounting firm. Each member must be a registered voter within the city and no member can be an employee of the city. The term of office coincides with the term of the nominating City Council member or Mayor. Meets Quarterly in the Board Room at 201 North “E” Street San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Casey A. Dailey Ward 1 04/17/2024 12/2026 Gloria G. Amaya Ward 2 02/06/2019 12/2026 VACANT Ward 3 12/2024 VACANT Ward 4 12/2026 Anthony J. Roberson Ward 5 04/07/2021 12/2024 Bronica M. Taylor Ward 6 02/19/2018; 04/07/2021 12/2024 Derrick J. Wesson Ward 7 04/21/2021 12/2024 Mark Baxter Mayor 04/05/2023 12/2026 Stacia C. Olivas Mayor 07/17/2024 12/2026 Parks, Recreation and Community Services Commission This is a nine (9) member commission, established by Resolution No. 2018-47, charged with advising the Mayor, City Council, and City staff on community needs for the purpose of establishing City priorities, goals and objectives with respect to parks, recreation and community services, youth services, and senior services; and evaluating community agencies and organizations receiving City funds for the purpose of providing recreation services, youth and senior services. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Third Thursday of each month at 4 p.m. in the Board Room at 201 North “E” Street San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Roxana M. Barrera Ward 1 02/06/2019 12/2026 Frank J. Flores Ward 2 07/20/2015 12/2026 VACANT Ward 3 12/2024 Esmeralda Negrete Ward 4 07/19/2023 12/2026 Jennifer B. Xicara Ward 5 02/03/2021 12/2024 Micah E. Lee Ward 6 04/07/2021 12/2024 Lata M. Wilson Ward 7 05/01/2024 12/2024 Joe Salas Mayor 04/05/2023 12/2026 Travon R. Martin Mayor 07/03/2024 12/2026        Packet Page. 205 City of San Bernardino Boards, Commissions and Citizen Advisory Committees 2024 Local Appointments List Pursuant to Government Code Section 54972 5 | P a g e Updated: 12/03/2024 Personnel Commission Established under City Charter Section 604, this five (5) member board is responsible solely for hearing appeals of disciplinary action filed by City employees, subject to the provisions of adopted labor agreements. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve at the pleasure of the Mayor and City Council. The term of office will be established under Municipal Code Chapter 2.50. Second and fourth Tuesday of each month at 8:30 a.m. as required to hear disciplinary appeals in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Leticia O. Briggs At-Large 01/17/2024 - Donna P. Howard At-Large 11/06/2019 - Emily J. Gonzales At-Large 04/05/2023 - Reginald L. Woods At-Large 01/17/2024 - Jeanette Avila At-Large 09/21/2015 - Planning Commission This nine (9) member Commission, established under Municipal Code Chapter 2.22, is tasked with advising the Mayor, City Council and City staff on the physical development of the city, including zoning, building, land use and related matters. Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Second Tuesday of each month at 6 p.m. in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Casey A. Dailey Ward 1 04/17/2024 12/2026 Amelia S. Lopez Ward 2 8/01/2011; 01/02/2019; 05/03/2023 12/2026 Ivan Garcia Ward 3 10/05/2022 12/2024 Larry R. Quiel Ward 4 09/06/2016 12/2026 Jesus F. Flores Ward 5 02/03/2021 12/2024 Dolores Armstead Ward 6 03/17/2021 12/2024 VACANT Ward 7 12/2024 Orlando Garcia Mayor 4/05/2023 12/2026 Lisa Sherrick Mayor 4/05/2023 12/2026 Public Safety and Human Relations Commission This nine (9) member commission, established by Resolution No. 2018- 46 is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). Each member must be a registered voter within the City and no member can be an employee of the City. The term of office coincides with the term of the nominating City Council member or Mayor. Second Monday of each month at 6:00 p.m. in the Board Room at 201 North “E” Street, San Bernardino, CA 92401 Name Appointee Original Appointment Term Expires Jose D. Guzman Ward 1 05/04/2022 12/2026 Sean E. Kelley Ward 2 01/02/2019; 05/17/2023 12/2026 John H. Walters Ward 3 08/21/2019 12/2024 Gonzalo B. Carrillo Ward 4 02/15/2023 12/2026 Anthony J. Roberson Ward 5 11/03/2021 12/2024 Rakayla Simpson Ward 6 05/03/2023 12/2024 Deana Cervantez Ward 7 01/20/2021 12/2024 Kimberly Knaus Mayor 04/05/2023 12/2026 Byron J. Sims Mayor 04/05/2023 12/2026        Packet Page. 206 City of San Bernardino Boards, Commissions and Citizen Advisory Committees 2024 Local Appointments List Pursuant to Government Code Section 54972 6 | P a g e Updated: 12/03/2024 Water Board Established under City Charter Section 603, this five (5) member board is responsible for: the oversight and management of the City’s water supply, recycled water, wastewater collection and treatment; employing such persons as may be needed for the proper administration of the City’s water and wastewater systems; setting and collecting water and wastewater rates, fees and charges; allocating all receipts and expenditures to separate, independent, water and sewer funds in accordance with State law; providing for an annual, independent audit of all water and wastewater accounts; compensating members of the Water Board; collaborating with the Mayor, City Council, and the City Manager on matters concerning the City’s water and wastewater systems; and establishing and periodically reviewing and revising such rules and regulations as may be appropriate for managing the City’s water and wastewater systems. Each member must be a registered voter within the City and no member can be an employee of the City. Members serve for a six year term of office commencing on the second Monday of May at twelve o’clock noon. Terms of office are staggered and vacancies on the Water Board are filled for the unexpired term in keeping with the provisions established under the City Charter. Second and fourth Tuesday of each month at 9:30 a.m. in the Water Department Boardroom located at 399 Chandler Place, San Bernardino CA, 92408 Name Appointee Original Appointment Term Expires Cecilia (Toni) Callicott At-Large 10/05/1998 05/12/2025 David Mlynarski At-Large 05/19/2014 05/11/2026 Wayne Hendrix At-Large 01/05/2009; 05/05/2021 05/10/2027 Rikke V. Johnson At-Large 11/07/2018; 05/04/2022 05/08/2028 Thomas M. Brickley At-Large 11/07/2018; 06/07/2023 05/14/2029        Packet Page. 207 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Proposed 2025 Mayor & City Council Regular Meeting Schedule (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Proposed 2025 Mayor and City Council Regular Meeting Schedule. Executive Summary Every year, the City Council adopts a Mayor and City Council Regular Meeting Schedule for the following year that is consistent with San Bernardino Municipal Code (SBMC) Section 2.58.010 and modifications from prior years. The Proposed 2025 Mayor and City Council Regular Meeting Schedule recommends modifications, which include canceling the January 1, 2025, Mayor and City Council meeting. Background Section 2.58.010 of the SBMC stipulates that the Mayor and City Council meetings are to be held on the first and third Wednesdays of each month. Section 2.58.080 of the SBMC further states that in the event the date of a regular meeting falls on a City holiday, regular meetings will be held on the next business day following the holiday, except as determined by the City Council. Discussion The Mayor and City Council meeting schedule will align with the SBMC and the 2025 City-recognized holidays. Staff are proposing modifications to the 2025 Mayor and City Council Regular Meeting Schedule that are consistent with the modifications adopted for the 2024 Regular Mayor and City Council Meeting Schedule and the City’s priority to increase its presence at regional conferences and events. The proposed modification is to cancel the January 1, 2025, regular meeting due to it falling on a City- recognized holiday, Wednesday, January 1, 2025 (New Year’s Day observed). Staff        Packet Page. 208 have not identified any other conflicts with regular meeting dates due to observed holidays, commonly attended conferences or meetings. Meeting Date Reasoning for Proposing Cancelation January 1, 2025 Staff propose canceling this meeting due to it falling on a City- recognized holiday, Wednesday, January 1, 2025 (New Year’s Day observed). If appropriate, at a later date, staff may recommend additional changes to the 2025 Mayor and City Council Regular Meeting Schedule in order to accommodate attendance at regional events that align with the strategic goals of the City. 2021-2025 Strategic Targets and Goals Adoption of the Proposed 2025 Mayor and City Council Regular Meeting Schedule aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community and Goal 2c: Re-establish City as the Regional Leader/County Seat. Fiscal Impact There is no fiscal impact associated with adopting the Proposed 2025 Mayor and City Council Regular Meeting Schedule. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the Proposed 2025 Mayor and City Council Regular Meeting Schedule. Attachments Attachment 1 Proposed 2025 Mayor and City Council Regular Meeting Schedule Attachment 2 2025 City-Recognized Holidays Attachment 3 2025 California Cities Annual Conference & Expo Date Announcement Attachment 4 2024 Regular Mayor and City Council Meeting Schedule Ward: All Wards Synopsis of Previous Council Actions: October 19, 2022 The Mayor and City Council adopted the 2023 Regular Mayor and City Council Meeting Schedule. November 15, 2023 The Mayor and City Council amended the 2023 Regular Mayor and City Council Meeting Schedule.        Packet Page. 209 December 6, 2023 The Mayor and City Council adopted the 2024 Regular Mayor and City Council Meeting Schedule.        Packet Page. 210 Proposed 2025 Mayor & City Council Regular Meeting Schedule Month 1st Wednesday Meeting Date 2nd Wednesday Meeting Date January January 1, 2025 (City Holiday) Proposing Cancelation January 15, 2025 February February 5, 2025 February 19, 2025 March March 5, 2025 March 19, 2025 April April 2, 2025 April 16, 2025 May May 7, 2025 May 21, 2025 June June 4, 2025 June 18, 2025 July July 2, 2025 July 16, 2025 August August 6, 2025 August 20, 2025 September September 3, 2025 September 17, 2025 October October 1, 2025 October 15, 2025 November November 5, 2025 November 19, 2025 December December 3, 2025 December 17, 2025        Packet Page. 211 TO: FROM: SUBJECT: DATE: COPIES: CITY OF SAN BERNARDINO INTEROFFICE MEMORANDUM HUMAN RESOURCES & RISK MANAGEMENT DEPARTMENT Department Heads Human Resources 2025 HOLIDAY DATES November 6, 2024 Rochelle Clayton, City Manager; Human Resources Staff The following days in the Year 2025 will be observed holiday dates for City employees: DATE OBSERVED HOLIDAY Wednesday January 1, 2025 .................................... New Year’s Day Monday January 20, 2025 .............................. Martin Luther King, Jr. Day Monday February 17, 2025 ............................ Presidents’ Day Monday May 26, 2025 .................................... Memorial Day Thursday June 19, 2025………………………….Juneteenth Friday July 4, 2025 ...................................... Independence Day Monday September 1, 2025 ........................... Labor Day Tuesday November 11, 2025 .......................... Veteran's Day Thursday November 27, 2025 .......................... Thanksgiving Day Friday November 28, 2025 .......................... Day after Thanksgiving Wednesday December 24, 2025 .......................... Christmas Eve Thursday December 25, 2025 .......................... Christmas Day Wednesday December 31, 2025 .......................... New Year’s Eve (These holidays will be accrued if it is the employee’s normal day off) Please circulate or distribute copies of this memo to your staff for their information and post in designated areas, as needed.        Packet Page. 212 Annual Conference and Expo October 8- 10, 2025 Long Beach Convention Center 300 E Ocean Blvd, Long Beach, CA Thank you for joining the League of California Cities at the 2024 Annual Conference and Expo at the Long Beach Convention Center, Oct. 16-18, 2024. The conference featured general sessions, workshops, and networking events for hundreds of leaders from all sections of city government, including mayors, council members, city managers, city clerks, city attorneys, fiscal officers, and other city staff. This year’s conference offered educational and innovative leadership sessions across a variety of formats, with a roster of more than 100 speakers. Educational sessions and the expo supported city leaders by equipping them with the latest knowledge, resour ces, and tools to advance their communities and assist officials in their daily roles and operations within their city. Mark your calendars for our 2025 Annual Conference and Expo, October 8-10 at the Long Beach Convention Center in Long Beach.        Packet Page. 213 2024 Mayor & City Council Regular Meeting Schedule Month 1st Wednesday Meeting Date 2nd Wednesday Meeting Date January January 3, 2024 Proposing Cancelation January 17, 2024 February February 7, 2024 Proposing Cancelation February 21, 2024 March March 6, 2024 March 20, 2024 April April 3, 2024 April 17, 2024 May May 1, 2024 May 15, 2024 June June 5, 2024 June 19, 2024 (City Holiday) Proposing Cancelation July July 3, 2024 July 17, 2024 August August 7, 2024 August 21, 2024 September September 4, 2024 September 18, 2024 October October 2, 2024 October 16, 2024 Proposing Cancelation November November 6, 2024 November 20, 2024 December December 4, 2024 December 18, 2024        Packet Page. 214 2 4 5 5 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, City Manager Department:City Manager's Office Subject:Amendment No. 1 with Capital Edge Advocacy Inc. for Federal Legislative Advocacy Services (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 for the Professional Services Agreement between the City of San Bernardino and Capital Edge Advocacy Inc. to extend the agreement for an additional year (with an option for an additional one (1) year term) for federal legislative advocacy services in an amount not to exceed $90,000 annually. Executive Summary Capital Edge Advocacy Inc. currently provides the City with federal legislative advocacy services. These services are common in municipalities, and they assist cities in securing funds from federal annual budgets, drafting and analyzing legislation, and obtaining regulatory relief. The amendment extends the term of the agreement through December 18, 2025, and authorizes the City Manager to exercise an additional one (1) year extension option, allowing the federal advocacy services to be extended through December 18, 2026. Background On May 11, 2023, the Mayor and City Council held a retreat to discuss the key strategic goals and priorities of the City. In response to Council’s direction provided at the retreat, the City Manager called a special workshop on June 30, 2023, to present a “Strategic Initiatives Plan,” which included a presentation on enhancing the City’s Legislative Affairs Program. The presentation outlined what steps and resources were necessary to improve the efficiency and effectiveness of the program, which included four (4) recommended areas of focus: 1. Establishing an annual Legislative Calendar.        Packet Page. 215 2 4 5 5 2. Developing amendments to the current City of San Bernardino Legislative Platform. 3. Creating a Legislative & Governmental Affairs Manager position within the Office of the City Manager. 4. Retaining state and federal legislative advocacy consultants. On September 12, 2023, the Mayor and City Council approved the elements of the Legislative Affairs Program described above and directed staff to return with the necessary programmatic pieces. On October 4, 2023, the Mayor and City Council adopted Resolution 2023-144 authorizing funding for Federal Legislative Advocacy Services On December 6, 2023 the City of San Bernardino (”City”) awarded the Federal Advocacy Services to Capital Edge Advocacy Inc. The Professional Service Agreement (PSA) was executed for an amount not to exceed $90,000 for the period of one year to provide Federal Advocacy Services to the City. Discussion Amendment No. 1 to the Professional Services Agreement (“Agreement”) with Capital Edge Advocacy will provide the City with a continuity of federal advocacy services where Capital Edge Advocacy will continue to assist the City in securing funds from federal annual budgets, drafting and analyzing legislation, and obtaining regulatory relief. The amendment extends the term of the original Agreement through December 18, 2025, at an annual cost of $90,000. As a result of the one (1) year extension, the total not-to-exceed amount associated with the original Agreement will be $180,000. Additionally, Amendment No. 1 includes the option for the City to administratively extend the agreement for a maximum of one (1) additional year, which would allow the City to retain Capital Edge Advocacy through December 18, 2026. Capital Edge Advocacy has engaged in Washington, D.C. on behalf of the City in recent months for the following activities: •The FY 2025 federal budget process, which still is not complete, following funding recommendations for federal programs pertinent to the City; •Providing updates to the City on federal government administration of American Rescue Plan Act (ARPA) funding and end-of-the year obligation deadlines; •Assisting the City with Community Project funding (earmark) requests to Rep. Aguilar for the FY 2025 budget, with a request for $1.184 million in Justice Department funding for mobile crime prevention activities; •Assisting City staff in the development of a 2025 Federal Legislative Platform;        Packet Page. 216 2 4 5 5 •Meeting with City officials and providing assistance at meetings such as those sponsored by the US Conference of Mayors and National League of Cities; •Alerting staff to federal grant opportunities, such as those connected with the 2021 infrastructure law, housing opportunities at HUD, and criminal justice opportunities at the Justice Department; •Assist City staff in securing congressional delegation support for federal grant applications submitted by the City; The original Agreement’s scope of work remains unchanged and includes the following tasks: 1. Assist the City of San Bernardino in identifying, in a timely manner, federal funding opportunities, legislation, or regulations that might support or impact the City of San Bernardino and community priorities and programs. This would include competitive grant programs and other funding opportunities at federal agencies and include background on program priorities that may help guide any City decision to apply. 2. Provide guidance with any process related to requests for Member Designated Projects (“earmarks”) that may occur in Congress through the annual appropriations process or reauthorization bills such as those reauthorizing federal transportation or water resources programs. 3. Provide background and information on federal funding opportunities for the 2021 Infrastructure Investment and Jobs Act and 2022 Inflation Reduction Act in areas such as transportation, broadband, water resources or cybersecurity. 4. Assist the City of San Bernardino with the process of seeking support for City applications or requests from the City’s congressional delegation and informing the delegation of positions taken by the City on federal legislation. This would include assisting in arranging and preparing for meetings and interactions with federal officials and developing supportive materials such as letters, talking points, or any other follow-up as needed through the City Manager’s Office. 5. Provide this assistance through frequent contact with City of San Bernardino staff and any other designated officials at appropriate times, mostly via email and telephone, and would be available to City of San Bernardino officials with questions about federal legislation or programs through the City Manager’s Office or their Designee.        Packet Page. 217 2 4 5 5 6. Advise the City of San Bernardino on federal priorities and potential legislative developments that may impact City of San Bernardino priorities, policies, resources or revenues. 7. Distribute the Washington Report, by email each week that Congress is in session and includes news from Congress as well as grant opportunities and notices from the Executive Branch that are pertinent to local governments. 2021-2025 Strategic Targets and Goals The retention of state and federal legislative advocacy firms aligns with all four of the City’s Key Strategic Target and Goal #1 Improved Operational & Financial Capacity. The consultants will enhance City staff’s ability to collaborate with state and/or regional governments to ensure San Bernardino receives its fair share of resources, while maintaining close working relationships with governmental agencies. Fiscal Impact There is no General Fund impact associated with this action. Sufficient funding already exists in the Professional Contractual Services budget for the City Manager’s Office. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute Amendment No. 1 for the Professional Services Agreement between the City of San Bernardino and Capital Edge Advocacy Inc. to extend the agreement for an additional year (with an option for an additional one (1) year term) for federal legislative advocacy services in an amount not to exceed $90,000 annually. Attachments Attachment 1 – Amendment No. 1 - Capital Edge Advocacy Inc Attachment 2 – Professional Services Agreement Capital Edge Advocacy Inc. Ward: All Wards Synopsis of Previous Council Actions: October 4, 2023 Mayor and City Council adopted Resolution No. 2023- 144 approving funding for the Legislative Affairs Program September 12, 2023 Mayor and City Council approved staff's recommendation related to the Legislative Affairs Program. June 30, 2023 The Mayor and City Council held a special workshop that agendized discussions on key Strategic Initiatives. May 11, 2023 Mayor and City Council held a Council retreat to discuss the key strategic goals and priorities of the City, and to provide        Packet Page. 218 2 4 5 5 direction to the City Manager.        Packet Page. 219 6 0 4 6 AMENDMENT NO. 1 TO PROFESSIONAL SERVICE AGREEMENT CAPITAL EDGE ADVOCACY, INC. This Amendment No. 1 to the Agreement for Advocacy Services is made and entered into as of December 18, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Capital Edge Advocacy, Inc. a corporation with its principal place of business at 1212 New York Ave., NW Suite 250, Washington, DC 20005 (“Consultant”). City and Consultant are hereinafter sometimes referred to individually as a “Party” and collectively as “Parties.” RECITALS A. WHEREAS, the City and the Consultant have entered into an agreement, dated December 6, 2023, for the purpose of providing Federal Advocacy Services (the “Master Agreement”) B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Master Agreement, dated December 18, 2024, for the purpose of amending the Scope of Work, Compensation, and Term of the Master Agreement. C. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of twelve (12) months, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 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. Term. The term of the Master Agreement shall be extended for an additional term of twelve (12) months through December 18, 2025, unless earlier terminated. a) Extension Options. The term of this Agreement may be administratively extended by the City Manager, or his designee, for maximum of one (1) additional one-year term. 3. Services. The services provided to the City is amended and detailed in Exhibit “A-3”. Exhibit “A-3” is attached hereto and is added to the Master Agreement.        Packet Page. 220 6 0 4 6 4. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed NINETY THOUSAND DOLLARS ($90,000), thereby the total not to exceed compensation of the Master Agreement to the amount of ONE HUNDRED EIGHTY THOUSAND DOLLARS ($180,000). Work shall be performed at the rates set forth in the Pricing Schedule in Exhibit “A-3” attached hereto and added to the Master Agreement. 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 Page. 221 6 0 4 6 SIGNATURE PAGE FOR AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICE AGREEMENT WITH CAPITAL EDGE ADVOCACY, INC. IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written. CITY OF SAN BERNARDINO APPROVED BY: Rochelle Clayton Acting City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CAPITAL EDGE ADVOCACY, INC. Signature Name Title        Packet Page. 222 6 0 4 6 EXHIBIT A-3 SCOPE OF SERVICES December 18, 2024 – December 18, 2025 1. Capital Edge Advocacy Inc. would assist the City of San Bernardino in identifying, in a timely manner, federal funding opportunities, legislation, or regulations that might support or impact the City of San Bernardino and community priorities and programs. 2. This would include competitive grant programs and other funding opportunities at federal agencies and include background on program priorities that may help guide any City decision to apply. 3. Capital Edge Advocacy Inc. would also provide guidance with any process related to requests for Member Designated Projects (“earmarks”) that may occur in Congress through the annual appropriations process or reauthorization bills such as those reauthorizing federal transportation or water resources programs. 4. Capital Edge Advocacy Inc. would provide background and information on federal funding opportunities for the 2021 Infrastructure Investment and Jobs Act and 2022 Inflation Reduction Act in areas such as transportation, broadband, water resources or cybersecurity. 5. Capital Edge Advocacy Inc. would assist the City of San Bernardino with the process of seeking support for City applications or requests from the City’s congressional delegation and informing the delegation of positions taken by the City on federal legislation. 6. This would include assisting in arranging and preparing for meetings and interactions with federal officials and developing supportive materials such as letters, talking points, or any other follow-up as needed through the City Manager’s Office. 7. Capital Edge Advocacy Inc. would provide this assistance through frequent contact with City of San Bernardino staff and any other designated officials at appropriate times, mostly via email and telephone, and would be available to City of San Bernardino officials with questions about federal legislation or programs through the City Manager’s Office or their Designee. 8. Capital Edge Advocacy Inc. would advise the City of San Bernardino on federal priorities and potential legislative developments that may impact City of San Bernardino priorities, policies, resources or revenues.        Packet Page. 223 6 0 4 6 9. Capital Edge Advocacy Inc. would also send the City of San Bernardino the Washington Report, which we send by email each week that Congress is in session and includes news from Congress as well as grant opportunities and notices from the Executive Branch that are pertinent to local governments.        Packet Page. 224        Packet Page. 225        Packet Page. 226        Packet Page. 227        Packet Page. 228        Packet Page. 229        Packet Page. 230        Packet Page. 231        Packet Page. 232        Packet Page. 233        Packet Page. 234        Packet Page. 235        Packet Page. 236        Packet Page. 237        Packet Page. 238        Packet Page. 239        Packet Page. 240        Packet Page. 241        Packet Page. 242 2 4 6 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager; C. Jeannie Fortune, Interim Director of Finance and Management Services Department:Finance Subject:Additional Street Segment Repair Allocation and American Rescue Plan Update (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-243 authorizing: 1. The allocation of $129,948 in American Rescue Plan Act (ARPA) funds to the Street Segment Repair Project; and 2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form; and 3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project. Executive Summary This staff report is to provide an update on American Rescue Plan Act (ARPA) funds and to allocate the remaining $129,948 in ARPA funds to the Street Segment Repair Program. Mayor and Council action on this item will allocate the remaining balance to fully obligate the City’s ARPA funds in the amount of $77,656,407. Background The City of San Bernardino was awarded $77,656,407 under the American Rescue Plan Act (ARPA). The City received half of the funds in May 2021, and the remainder of the funds in May of 2022. Treasury issued the final rule for the use of the funds on        Packet Page. 243 2 4 6 0 January 6, 2022, providing clarification on allowable investments, but generally not expanding the list of eligible projects and programs. The City continues to work within the guidance, focusing on investments in Qualified Census Tracts (QCTs) and other allowable investments based on the Enumerated Use Categories as well as expenditures within the revenue loss (standard allowance) category. As of this date, Mayor and City Council have committed the total $77,264,459 of the City’s allocation, leaving a remainder of $129,948. With this final allocation, all $77,656,407 in ARPA funds will be allocated and obligated prior to the December 31, 2024 deadline. Discussion On September 18, 2024, the Mayor and City Council approved $129,948 in ARPA funds for software programs to be utilized by the Economic Development Department. This expenditure is allowable under the revenue loss category where up to $10M can be used to support local government operations. The $10M was allocated and approved by Council on July 19, 2023 to support the ERP and LMS systems but the Finance and Information Technology departments were able to reduce their allocation by $129,948 to allow the Economic Development Department to benefit from ARPA funds to purchase software. Due to this technicality, there remains a balance of ARPA funds in the eligible enumerated use category of $129,948. Given the expressed priority the Mayor and City Council have for street improvements, staff recommends allocating the remaining balance of ARPA funds in the amount of $129,948 to the Street Segment Repair Program approved by Council on December 4, 2024. Upon approval by the Council of this recommendation, the total amount of $77,656,407 will be fully allocated. Attachment 2 is provided as an update on the ARPA funds allocation and expenditures to date. 2021-2025 Strategic Targets and Goals Investments in the community using the American Rescue Plan funds support Key Strategic Goal 2. Focused, Aligned Leadership and Unified Community, b. Evaluate operations and performance, investment in resources, technology, and tools to continually improve organizational efficiency and effectiveness; and Goal 3. Improved Quality of Life. Fiscal Impact There is no General Fund impact associated with approval of this item. There are sufficient ARPA funds in the approved budget to fund the Street Segment Repair Project. The total Street Segment Repair Project budget is as follows;        Packet Page. 244 2 4 6 0 Fund Amount ARPA (from Navigation Center Project)$2,955,215 ARPA (from Violence Intervention Program)250,000 ARPA (unallocated – proposed in this staff report)129,948 General Fund 2,520,052 TOTAL STREET SEGMENT REPAIR PROJECT $5,855,215 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-243 authorizing: 1. The allocation of $129,948 in American Rescue Plan Act (ARPA) funds to the Street Segment Repair Project; and 2. The City Manager, or designee, to sign the agreements, and any subsequent amendments, subject to the review and approval by the City Attorney as to form; and 3. The Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 budget to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project. Attachments 1. Attachment 1- Resolution No. 2024-XX 2. Attachment 2- American Rescue Plan (ARPA) Allocation and Expenditure Update Ward: All Wards Synopsis of Previous Council Actions: September 18, 2024 Mayor and City Council received and filed an update on ARPA funds, projects, allocations, and spending to date. July 19, 2023 Mayor and City Council received and filed an update on ARPA funds, and adopted Resolution No. 2023-107 assigning $10,000,000 in American Rescue Plan Act funds for the replacement of the City’s Enterprise Resource Planning System, and amending the FY 2022/23-2024/24 Biennial Budget by $10,000,000. May 17, 2023 Mayor and City Council reallocated unspent funding        Packet Page. 245 2 4 6 0 from the ASU Temporary Housing and the full allocation from the San Bernardino Valley College for a total of $973,500 for interim housing during development of the SB Hope Campus. December 7, 2022 Mayor and City Council Adopted Resolution No. 2022- 26 Amending the FY 2021/22 Operating and Capital Budget allocating $24,650,000 in ARPA funds. February 2, 2022 Mayor and City Council Adopted Resolution No. 2022- 26 Amending the FY 2021/22 Operating and Capital Budget allocating $24,050,000 in ARPA funds October 20, 2021 Mayor and City Council Adopted Resolution No. 2021- 247 Amending the FY 2021/22 Operating and Capital Budget allocating $8,160,000 in ARPA funds. August 4, 2021 Mayor and City Council received a report and discussed the categories for spending the City’s American Rescue Plan Allocation. March 17, 2021 Mayor and City Council received a presentation on the American Rescue Plan from Congressman Pete Aguilar.        Packet Page. 246 Resolution No. 2024-243 Resolution No. 2024-243 December 18, 2024 Page 1 of 3 6 0 7 7 RESOLUTION NO. 2024-243 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ALLOCATION OF $129,948 IN AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO THE STREET SEGMENT REPAIR PROJECT; AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SIGN THE AGREEMENTS, AND ANY SUBSEQUENT AMENDMENTS, SUBJECT TO REVIEW AND APPROVAL BY THE CITY ATTORNEY AS TO FORM; AND AUTHORIZING THE INTERIM DIRECTOR OF FINANCE AND MANAGEMENT SERVICES TO AMEND THE FISCAL YEAR 2024/25 BUDGET TO APPROPRIATE $129,948 IN EXPENDITURES IN ARPA FUNDS FOR THE STREET SEGMENT REPAIR PROJECT. WHEREAS, In 2021, 2022, 2023, and 2024, the City of San Bernardino Mayor and City Council allocated American Rescue Plan (ARPA) funds to eligible projects in accordance with federal guidelines; and WHEREAS, Staff have identified a remaining balance of funds available for the Mayor and City Council to allocate to new or existing ARPA projects prior to December 31, 2024, obligation deadline; and WHEREAS, Staff recommends the Mayor and City Council approve the allocation of ARPA funds towards the Street Segment Repair 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 assignment of $129,948 in American Rescue Plan Act (ARPA) funds. SECTION 3. Authorize the City Manager, or designee to sign the agreements, and any subsequent amendments, subject to review and approval by the City Attorney as to form. SECTION 4.Authorize the Interim Director of Finance and Management Services to amend the Fiscal Year 2024/25 to appropriate $129,948 in expenditures in ARPA funds for the Street Segment Repair Project. SECTION 5. 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        Packet Page. 247 Resolution No. 2024-243 Resolution No. 2024-243 December 18, 2024 Page 2 of 3 6 0 7 7 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 18th day of December 2024. Helen Tran, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney        Packet Page. 248 Resolution No. 2024-243 Resolution No. 2024-243 December 18, 2024 Page 3 of 3 6 0 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. 2024-243, adopted at a regular meeting held on the 18th day of December 2024 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ KNAUS _____ _____ _______ _______ FLORES _____ _____ _______ _______ ORTIZ _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of _____ 2024. Genoveva Rocha, CMC, City Clerk        Packet Page. 249 Attachment A American Rescue Plan Act Fund Status Department Project title Allocated Obligated/Spent to Contractor, Direct Payment, Subaward Obligated via Interagency Agreement Unobligated Life to Date (included in Column G - Obligated) Economic Development Small Business Non-Profit Assistance 3,126,300 3,126,300 0 0 3,046,300 Economic Development Entrepreneur Resource Center (Aspen Institute Initiative)1,873,700 1,873,700 0 0 1,873,700 Economic Development Façade Improvements (Paintbrush Program)1,000,000 0 1,000,000 0 0 Parks & Recreation Seccombe Park Renovations 12,792,332 12,769,611 22,721 0 171,278 Parks & Recreation Nicholson Park 7,080,602 7,080,602 0 0 440,303 Parks & Recreation Roosevelt Bowl Renovation 600,000 433,752 166,248 0 80,833 Parks & Recreation Lytle Creek Soccer Fields 600,000 600,000 0 0 7,502 Parks & Recreation Guadalupe Fields 863,851 863,851 0 0 0 Parks & Recreation Encanto Community Center 0 0 0 0 City Services Graffiti Abatement 1,000,000 737,129 262,871 0 333,727 City Services Violence Intervention Program 750,000 750,000 0 0 511,588 City Services Police Real Time Information System 2,497,500 2,497,500 0 0 0 City Services Library Animakerspace 1,797,174 1,091,409 705,765 0 0 Public Works Infrastructure Street Improvements 3,205,215 3,205,215 0 0 0 Water Infrastructure Water Infrastructure Lead Connectors 3,000,000 3,000,000 0 0 0 Homelessness Initiatives Lutheran Social Services Community Wellness Center Homekey Project 5,000,000 5,000,000 0 0 0 Homelessness Initiatives Motel Voucher Program 973,500 973,500 0 0 0 Homelessness Initiatives Navigation Center Construction 11,344,785 11,344,785 0 0 160,610 Homelessness Initiatives Navigation Center Operations 0 0 0 0 0 Homelessness Initiatives Homelessness Outreach Team 1,500,000 1,500,000 0 0 444,577 Homelessness Initiatives Mobile Showers & Laundry 150,000 150,000 0 0 99,651 Homelessness Initiatives Temporary Housing for ASU Residents 76,500 76,500 0 0 76,500 Homelessness Initiatives Emergency Nuisance & Building Health & Safety Abatement 500,000 500,000 0 0 400,024 Homelessness Initiatives Purchase of Property (Palm Field) for transitional housing 2,650,000 2,650,000 0 0 IT Infrastructure Enterprise Resource Planning System ($10m Standard Allowance)6,670,052 6,181,397 488,655 0 181,397 IT Infrastructure Land Management System ($10m Standard Allowance)3,200,000 3,200,000 0 0 Economic Development Economic Development Software Program ($10m Standard Allowance)129,948 129,948 0 0 0 Staff Salaries Hero Pay 5,145,000 5,145,000 0 0 5,145,000 UNASSIGNED 129,948 129,948 GRAND TOTAL 77,656,407 74,880,199 2,646,260 129,948 12,972,991        Packet Page. 250 DISCUSSION City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Election of Mayor Pro Tempore (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore. Executive Summary The position of Mayor Pro Tempore is established by the City Charter and the City Council elects from among its members a new Mayor Pro Tempore every year. Per the San Bernardino Municipal Code (SBMC), the election of the Mayor Pro Tempore is to occur at the second regularly scheduled meeting in December. Background The position of the Mayor Pro Tempore is outlined in Section 302 of the City Charter, where the City Council shall select a Mayor Pro Tempore from one of its own members. In the event that the Mayor is temporarily unable to perform the duties of his or her office due to a temporary absence from the City, illness, or any other cause, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed, with several exceptions. When presiding over a City Council Meeting due to the absence of the Mayor, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action; the Mayor Pro Tempore may only continue to exercise his or her vote as a Council member. Fred Shorett is currently the City’s Mayor Pro Tempore, where he has served in the position for the past two (2) years. Mayor Pro Tempore Shorett was elected to the position by his fellow Council Members on December 7, 2022, and re-elected on January 17, 2024. Typically, the election of the Mayor Pro Tempore occurs during the second regular meeting in December as outlined by the SBMC; however, the second regular meeting of December was cancelled in both 2022 and 2023.        Packet Page. 251 Discussion In accordance with the requirements of Section 2.01.010 of the SBMC, the City Council is required to elect a Council Member to serve as Mayor Pro Tempore. The SBMC specifies for this to occur at the second regular meeting in December. The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his/her successor is elected by the City Council or until said Council Member is no longer a member of the City Council, whichever occurs first. 2021-2025 Strategic Targets and Goals Electing a Council Member to serve as Mayor Pro Tempore is in alignment with all of the Key Strategic Targets and Goals: (1) Improved Operational & Financial Capacity; (2) Focused, Aligned Leadership and Unified Community; (3) Improved Quality of Life; and (4) Economic Growth and Development. Fiscal Impact There is no fiscal impact associated with the nomination of a Mayor Pro Tempore. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, open nominations for a member of the City Council to serve as Mayor Pro Tempore. Attachments Attachment 1 - City Charter Section 302 Attachment 2 - Municipal Code Section 2.01.010 Ward: All Wards Synopsis of Previous Council Actions: December 15, 2021 The Mayor and City Council elected Juan Figueroa to serve as Mayor Pro Tempore until the second regularly scheduled Mayor and City Council meeting in December 2022 December 7, 2022 Mayor and City Council elected Fred Shorett as Mayor Pro Tempore. January 17, 2024 Mayor and City Council elected Fred Shorett as Mayor Pro Tempore.        Packet Page. 252 Section 302. Powers and Duties of the Council The Council, in collaboration with the Mayor, shall ensure fundamental municipal services are provided to protect and promote public health, safety, and welfare. The Council and Mayor shall operate together to serve the best interests of the City. The Council, in collaboration with the Mayor, will develop and implement a Code of Conduct to guide and direct their interactions and duties, including measures to hold one another accountable for deviations from the goals and principles set forth in this Charter and the City Code of Conduct. The Council, in collaboration with the Mayor, shall create and implement a plan to maintain the City's fiscal integrity. Each Council member shall be entitled to vote on all matters coming before the Council. The Council shall have the power to override any veto of the Mayor by a vote of five (5) or more Council members. The Council shall select a Mayor Pro Tempore from one of its own members. In the event of a temporary absence from the City, illness, or any other cause that makes the Mayor temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over Council action, but may continue to exercise his or her vote as a Council member.        Packet Page. 253 Chapter 2.01 MAYOR PRO-TEMPORE Section: 2.01.010 Mayor Pro-Tempore 2.01.010 Mayor Pro-Tempore San Bernardino City Charter Section 302 identifies the position of Mayor Pro Tempore. At the first regularly scheduled meeting of the City Council following the effective date of this ordinance, the City Council shall elect a Council Member to serve as Mayor Pro Tempore. At the second regularly scheduled meeting of the City Council in December of each year, the City Council shall elect a Council Member to serve as Mayor Pro Tempore. If the Mayor Pro Tempore is absent or otherwise unavailable to serve in such capacity, the Council Member present in the City with the most consecutive days of service as a member of the City Council of the City of San Bernardino shall serve as the Mayor Pro Tempore for that period of absence or unavailability only. "Consecutive days of service" shall be calculated by counting backward in time starting from the day on which the calculation is being made. In the event that there are two or more Council Members with the exact same number of consecutive days of service as a member of the City Council of the City of San Bernardino, the temporary filling of the position of Mayor Pro Tempore shall be determined by lot, pursuant to the general procedure established in Section 15651 of the Elections Code of the State of California, specifically by flipping a coin in the case of two members with the exact same number of consecutive days of service as a member of the City Council of the City of San Bernardino, or the drawing of straws in the case of three or more members with the exact same number of consecutive days of service as a member of the City Council of the City of San Bernardino. The City Clerk shall be responsible for conducting the coin toss or conducting the drawing of straws whenever either event is required by this Section. The Council Member holding the position of Mayor Pro Tempore shall continue to hold said position until his/her successor is elected by the City Council or until said Council Member is no longer a member of the City Council, whichever occurs first. Pursuant to Charter Section 302, in the absence of the Mayor from any Council meeting, the Mayor Pro Tempore shall preside over that Council meeting. In addition, at all other times that the Mayor is temporarily unable to perform the duties of his or her office, the Mayor Pro Tempore shall have all powers and authority that the Mayor would have possessed if present to perform his or her duties. However, the Mayor Pro Tempore may not cast an additional vote in the event of a tie or exercise veto powers over City Council action, but may continue to exercise his or her vote as a Council member. (Ord. MC-1441, 4-03-17; Ord. MC-1289, 11-04-08; Ord. MC-1267, 4-08-08)        Packet Page. 254 DISCUSSION City of San Bernardino Request for Council Action Date:December 18, 2024 To:Honorable Mayor and City Council Members From:Rochelle Clayton, Acting City Manager Department:City Manager's Office Subject:Nominations and Appointments to Various Regional Boards and Associations (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; 2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; 3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; 4. Appoint one Member and one Alternate to the Omnitrans Board of Directors; 5. Appoint one Member and one Alternate to the Interagency Council on Homelessness; 6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly; 7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election. Executive Summary        Packet Page. 255 The City of San Bernardino is a member of various regional boards that require the City’s legislative body to appoint primary and alternate voting members. Members that are appointed to serve on these regional boards and associations serve until they are no longer eligible or are removed/replaced. Background The City of San Bernardino is a member of multiple joint powers authorities and associations to facilitate matters pertaining to transportation, redevelopment, and other regional matters. The City Council appoints members to serve on the regional boards for the Inland Valley Development Agency (“IVDA”), the San Bernardino International Airport Authority (“SBIAA”), the San Bernardino County Transportation Agency (“SBCTA”), Omnitrans, the Interagency Council on Homelessness (“ICH”), and the General Assembly for the Southern California Association of Governments (SCAG GA). Historically, the appointment nominations have been made by the Mayor and affirmed by the legislative body of the City. Discussion Each regional board and association is governed by their foundational documents, California law, and their bylaws. These documents and laws determine the number of representatives that each city or agency is allotted, who is eligible to serve, and how the appointment is determined. Members that are appointed to serve on these regional boards and associations will continue to serve until they are no longer eligible (ie: they are no longer an elected official of the City) or are removed/replaced. Regional Body Appointment Requirements Current Appointments Mayor’s Proposed Appointments IVDA Board members and alternate must be “elected officials” who are designated by “official action of its city council.” (IVDA JPA pg. 12) Primary Helen Tran Juan Figueroa Sandra Ibarra Alternate Fred Shorett Primary Helen Tran Juan Figueroa Sandra Ibarra Alternate Fred Shorett SBIAA Board members and alternate must be “elected officials” who “shall be appointed by the legislative body” of the City. (SBIAA JPA pg. 3) Primary Helen Tran Theodore Sanchez Alternate Fred Shorett Primary Helen Tran Kim Knaus Alternate Fred Shorett SBCTA Board member and alternate “shall either be a mayor or a city council member.” (California Public Utilities Code 130815) Primary Helen Tran Alternate Damon Alexander Primary Helen Tran Alternate Theodore Sanchez        Packet Page. 256 Omnitrans Board member and alternate shall be “an officially designated Mayor or City Council Member” that is “officially designated by the City Council.” (Omnitrans JPA pg. 3.) Primary Helen Tran Alternate Kimberly Calvin Primary Helen Tran Alternate Mario Flores ICH “City representatives are not required to be council members but must be at the level of a department director or higher.” (ICH Bylaws pg. 4) Primary Sandra Ibarra Alternate Cassandra Searcy Primary Treasure Ortiz Alternate Sandra Ibarra SCAG GA Official Representative may be “the mayor or a member of the legislative body of a member city” who has been appointed by the member city. (SCAG Bylaws pg. 2) Primary Helen Tran Alternate Ben Reynoso Primary Damon Alexander Secondary Primary Helen Tran Alternate Kim Knaus SCAG RC In a voting‐ eligible city comprised of more than five (5) city council members, the city, using any reasonable method of random selection, shall appoint a maximum of five (5) members to vote in Multi‐City District Representative Elections. (SCAG Regional Council Policy Manual pg. 15) Voters Juan Figueroa Fred Shorett Ben Reynoso Kimberly Calvin Damon Alexander Juan Figueroa Fred Shorett Kim Knaus Mario Flores Treasure Ortiz Southern California Association of Governments Regional Council The Regional Council (RC) is SCAG’s 86-member governing board and has general authority to conduct the affairs of SCAG. Cities are represented on the RC through District Representatives, who may be any elected member of a city council. District Representatives are not appointed by the Mayor and City Council; instead, SCAG will communicate a “First Notice” that informs all eligible candidates to submit their names to SCAG if they are interested in becoming a District Representative. If there are multiple candidates for a District Representative, an election is held. The City of San Bernardino is a member of District 7 in the SCAG RC, which is a Multi- City District that also encompasses the City of Highland. As a result, when a District encompasses more than one city (“Multi‐City District”), a maximum of five (5) city council members from each of the voting‐ eligible cities in the Multi‐City District shall be provided the opportunity to vote for the individual who will serve as the District Representative to ensure equity among cities in voting. On September 5, 2024, SCAG updated the Southern California Association of Governments Regional Council Policy Manual and revised how the voters are determined. Previously, the five (5) city council members who would cast a vote in the election were chosen by the Mayor. Under the current policy manual, this is now done through any reasonable method of random selection:        Packet Page. 257 SCAG Regional Council Policy Manual Previous Policy Manual Current Policy Manual “In a voting-eligible city comprised of more than five (5) city council members, the mayor of such city shall appoint a maximum of five (5) members to vote in Multi-City District Representative Elections.” (Article V. Section C.) “In a voting‐eligible city comprised of more than five (5) city council members, the city, using any reasonable method of random selection, shall appoint a maximum of five (5) members to vote in Multi‐City District Representative Elections.” (Article V. Section C.) 2021-2025 Strategic Targets and Goals The proposed appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact There is no fiscal Impact associated with the nomination and appointment of members to various regional boards. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Appoint three Members and one Alternate to the Inland Valley Development Agency Board of Directors; 2. Appoint two Members and one Alternate to the San Bernardino International Airport Authority Board of Directors; 3. Appoint one Member and one Alternate to the San Bernardino County Transportation Agency Board of Directors; 4. Appoint one Member and one Alternate to the Omnitrans Board of Directors; 5. Appoint one Member and one Alternate to the Interagency Council on Homelessness; 6. Appoint one Official Representative and one Alternate to the Southern California Association of Governments General Assembly;        Packet Page. 258 7. Appoint a total of five (5) Council Members to vote in the Southern California Association of Governments Regional Council District 7 Election. Attachments Attachment 1 Inland Valley Development Agency JPA Attachment 2 San Bernardino International Airport Authority JPA Attachment 3 San Bernardino County Transportation Authority Attachment 4 Omnitrans JPA Attachment 5 Bylaws of the Interagency Council on Homelessness Attachment 6 Southern California Association of Governments Bylaws Attachment 7 Southern California Association of Governments Policy Manual Updated (9-5-2024) Ward: All Wards Synopsis of Previous Council Actions: January 16, 2023 Mayor and City Council approved the appointment of Council members to various Regional Boards January 18, 20219 Mayor and City Council approved the appointment of Council members to various Regional Boards        Packet Page. 259 AMENDED JOINT EXERCISE OF POWERS AGREEMENT (INLAND VALLEY DEVELOPMENT AGENCY) THIS AGREEMENT amends and supersedes that joint powers agreement covering the same subject which was dated January 24, 1990; is dated for convenience as of February 12, 1990; and is by and among each public agency represented as a party signatory to this Agreement, each duly organized and existing under the laws of the State of California (the "State"), collectively called the "Members". R E CIT A L S WHEREAS, Article I of Chapter 5 of Division 7 of Title r of the Government Code of the State of California pertaining to the joint exercise of powers authorizes the Members by agreement to jointly exercise certain powers common to the Members; and WHEREAS, each of said parties has the authority and power to plan for the use and reuse of Norton Air Force Base in the event of its closure, and to acquire, own, maintain and operate an airport; and WHEREAS, the parties hereto recognize the importance of determining the value of the potential civilian use of Norton Air Force Base and its resulting possible benefit to the entire East Valley region, all as may be determined by land use, aviation and environmental studies required to be undertaken by the Agency pursuant to the California Environmental Quality Act of 1970, as amended (" CEQA") and WHEREAS, each of said parties agree that a regional approach is desirable to both (i) direct the policies and activities of a civilian aviation facility and (ii) acquire, own, maintain and operate the Norton Air Force Base Property for all aviation uses as may be legally permitted upon such property, or 2/8/90 CSJ/NortonA Packet Page. 260 such other uses as may be legally permitted and as may be determined by the Agency all in accordance with CEQA procedures to be hereafter complied with by the Agency; and WHEREAS, the parties hereto recognize the immediate necessity for Planning for the possible closure of Norton Air Force Base, and the need to determine the best manner in which to utilize the Norton Air Force Base facility after closure to attract business, create jobs and improve the quality of life for the citizens of the East Valley; and WHEREAS, e ach of the Members is authorized to establish redevelopment agencies to undertake redevelopment projects under the California Community Redevelopment Law (Health and Safety Code section 33000, et seq.), for the purposes of causing the redevelopment o f areas in the interests of health, safety and general welfare and all Members are cities or counties with territory either within, adjacent to or in proximity to Norton Air Force Base; and WHEREAS, Health and Safety Code section 33320.5 authorizes the Members to form a joint powers authority for the purposes of causing the redevelopment of certain property which is currently operated as a military facility or installation and which is to be closed pursuant to Public Law 100-526 in addition to certain land which is adjacent or in proximity to a military facility or installation and which land is necessary for the effective redevelopment thereof; and WHEREAS, the Members deem it desirable to participate together in order to form a joint powers authority to be known as the Inland Valley Development Agency (the "Agency") for the purposes of adopting a Redevelopment Plan (the "Redevelopment Plan") in order to facilitate the redevelopment of a redevelopment project area, the boundaries of which are yet to be determined, but which will generally include the military -2-        Packet Page. 261 facility known as Norton Air Force Base and certain areas adjacent and in proximity thereto (the "project Area"); and WHEREAS, the adoption of a Redevelopment Plan is intended to permit the redevelopment of the Project Area in order to eliminate blight and promote the well planned development of the Project Area for the benefit of the Members; and WHEREAS, each of the Members shall agree to have certain territory, as more fully set forth on Exhibit "A" attached hereto and incorporated herein by this reference, which would otherwise be within the jurisdiction of, and subject to, redevelopment by each of the Members comprising the Agency, considered by the Agency for inclusion within the ultimate project Area to be formed by the Agency; and WHEREAS, for the purposes of this Agreement, the territory of the county shall only be deemed to include any unincorporated territory within the jurisdiction of the County; and WHEREAS, the territorial jurisdiction of the Agency shall be the combined territorial jurisdictions of the Members and within a portion of such combined territorial jurisdiction shall be the Project Area which will be the subject of the Redevelopment Plan; and WHEREAS, Pursuant to Health and Safety Code section 33320.5, the Agency shall have and exclusively exercise powers of a redevelopment agency within the Project Area in furtherance of the redevelopment of the Project Area and shall act as the redevelopment agency, legislative body and planning commission with respect to all approvals and actions required in connection with the adoption of the Redevelopment Plan; provided, however, all land use, planning and development decisions with regard to the land within the Project Area shall continue to be under the -3-        Packet Page. 262 control and jurisdiction of each of the respective local legislative bodies or planning commissions, as applicable. NOW, THEREFORE, in consideration of the above premises of the mutual promises herein contained, the Members do hereby agree as follows: ARTICLE I DEFINITIONS section 1.01. Recitals. The Recitals hereinabove set forth are incorporated herein by this reference and shall be a part of this Agreement. section 1.02. Definitions. Unless the context otherwise requires, the words and terms defined in this Article shall, for the purposes hereof, have the meanings herein specified. (a) "Act" means Article I of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California as the same exists and as may be amended from time-to-time. (b) "Agency" means the Inland Valley Development Agency created as a separate joint powers agency pursuant to this Agreement and as authorized by Health and Safety Code section 33320.5. (c) "Agreement" means this Agreement. (d) "Board" shall mean the governing body of the Agency. -4-        Packet Page. 263 (e) "Board Members" shall mean the representatives of the Members and New Members appointed to the Board in the manner required by Section 2.09 hereof who shall have the power to vote in the manner as provided in this Agreement. (f) "Fiscal Year" shall mean each one-year period commencing on July 1 of each calendar year and ending on June 30 of the next succeeding calendar year. (g) "Law" found in Health and means the Community Redevelopment Law as Safety Code section 33000, et seq., as the same exists and as may be amended from time-to-time. (h) "Members" means each of the parties to this Agreement, and "Member" shall mean any party identified in section 2.09 hereof that has approved, executed and delivered this Agreement. The term Member or Members may also include a New Member or New Members if warranted by the context in which such term is used. (i) "New Member" or municipal corporation that is Agency after the date of the "New Members" shall mean any added to the membership of the adoption of the original Project Area and which New Member is added to the membership of the Agency pursuant to an amendment to this Agreement. (j) "Project Area" means that certain redevelopment project area which will be designated by the Agency as the redevelopment project area of the Agency and which will be subject to the Redevelopment Plan as said Project Area may initially be adopted by the Agency and as it may thereafter be amended to include either additional territory of the Members or territory of a New Member. (k) "Redevelopment Plan" means the Redevelopment Plan to be adopted by the Agency for the redevelopment of the project Area. -5-        Packet Page. 264 (1) "Secretary" means the Secretary of the Agency. (m) "State" means the State of California. (n) "Tax Increment Revenues" means moneys allocated or paid to the Agency derived from each of the following sources: (a) that portion of taxes levied upon assessable property within the Project Area allocated to the Agency pursuant to Article 6 of Chapter 6 of the Law and section 16 of Article XVI of the Constitution of the State; and (b) reimbursements, subventions, including payments to the Agency with respect to personal property within the Project Area pursuant to section 16110, et seq., of the Government Code of the State, or other payments made by the State with respect to any property taxes that would otherwise be due on real or personal property but for an exemption of such property from such taxes. (0) "Treasurer" means the Treasurer of the Agency. ARTICLE II GENERAL PROVISIONS section 2.01. Purpose. This Agreement is entered into pursuant to the Act and Health and Safety Code section 33320.5 which provides for the joint exercise of powers common to the Members to create a separate joint powers agency which shall have, in addition to such powers common to the Members, and exclusivelY exercise powers of a redevelopment agency in furtherance of the redevelopment of the Project Area. The purpose of this Agreement is to promote the redevelopment of the Project Area through the adoption of the Redevelopment Plan by the Agency in order to eliminate blight, promote the retention of existing and the creation of additional employment opportunities -6-        Packet Page. 265 and cause the orderly redevelopment of the Project Area in furtherance of the health, safety and welfare of the Members and the region within which the project Area is located. The state Legislature, upon enacting Health and Safety Code section 33320.5, declared that it is the policy of the state Legislature to assist communities within the County in their attempt to preserve the military facilities and installations for their continued use as airports and aviation related purposes. In furtherance of such legislative intent, the Members acknowledge and agree that it is the intent of the Agency so created by this Agreement to acquire the Norton Air Force Base property from the united states government upon mutually agreeable terms and conditions as between the Agency and the united states government. It is also the intent of the Members that the Agency shall acquire, own, maintain, lease and operate the Norton Air Force Base property, which shall be named and known as the "San Bernardino Regional Airport", for such aviation uses as may be legally permitted upon such property or such other legal uses as may be determined by the Agency. The Members further acknowledge and agree that the reuse and redevelopment of the Norton Air Force Base, the adjacent property and the other properties in proximity thereto will assist in both the creation of new employment opportunities and in the preservation of existing employment opportunities on a regional basis and will be in the best interests of each Member and the residents within the boundaries of each Member. All such ultimate uses of the Norton Air Force Base by the Agency and any acquisition thereof shall be accomplished in accordance with all applicable laws of the State. section 2.02. Creation of the Agency. Pursuant to the Act and the Law, there is hereby created a public entity to be known as the "Inland Valley Development Agency". The Agency shall be a public entity separate and apart from the Members and shall be empowered to take such action, to the extent permitted by law, to cause the implementation of this Agreement. -7-        Packet Page. 266 Section 2.03. Membership/Territory. Membership in the Agency shall be based upon the agreement of each of the Members to allow certain territory, otherwise within the jurisdiction of each such Member which territory is shown on Exhibit "A", included for consideration in connection with the ultimate formation of a Project Area. The final inclusion or exclusion of such territory of a Member within the Project Area shall only be authorized pursuant to a majority vote of the Board Members. section 2.04. Expansion of Membership. The membership of the Agency may be expanded to admit a New Member after the final adoption of the Redevelopment Plan for the Project Area pursuant to Health and Safety Code Section 33365 by processing an amendment to the Redevelopment Plan pursuant to Health and Safety Code section 33450, et seq., to include the territory of any proposed New Member. Such an expansion of the membership of the Agency to admit any New Member shall require the unanimous vote of the Board Members and the adoption and approval by each Member of an amendment to this Agreement in the manner as provided in section 8.04 hereof. The membership of the Agency shall include all prospective Members identified in Section 2.09 as of the date of approval, execution and delivery of this Agreement by each Member to the other Members. section 2.05. Board. The Agency shall be administered by a Board comprised of the number of Board Members representing the respective public entities as set forth in section 2.09 hereof which have elected to become Members or New Members of the Agency. The number of the Board Members representing each Member may be modified only by an amendment to this Agreement approved in writing by each of the Members and New Members, if -8-        Packet Page. 267 applicable, who are then in membership in the Agency in the manner as provided in section 8.04 hereof. The number of Board Members, Members and New Members, if applicable, may also be modified as provided in accordance with section 2.06 hereof. The Board shall be called the "Governing Board of the Inland Valley Development Agency". All voting power of the Agency shall reside in the Board Members as individuals and not in any Member jurisdiction by its city councilor Board of Supervisors. section 2.06. Expulsion and withdrawal from Membership. Any expulsion or withdrawal of a Member or New Member from the membership in the Agency shall be in accordance with the following: (a) Expulsion from Membership. At any time prior to the introduction and first reading of an ordinance providing for final adoption of the Redevelopment Plan, a Member may be expelled from membership in the Agency upon a majority vote of the Board Members. At any time prior to the introduction and first reading of an ordinance providing for the final adoption of an amendment to the Redevelopment Plan which amendment is for the purposes of adding new territory of a New Member to the Project Area, such New Member may be expelled from membership in the Agency upon the majority vote of the Board Members. The Agency shall not include any portion of the territory of an expelled Member or an expelled New Member unless such expelled member or expelled New Member shall thereafter consent in writing to the inclusion of such territory within the Project Area. Upon expulsion from membership in the Agency, any expelled Member or any expelled New Member shall no longer be a party to this Agreement for any purposes. Both for purposes of this section 2.06 and as an agreed upon procedure to be followed by the Agency in the adoption of the Redevelopment Plan and amendments to the Project Area, the -9-        Packet Page. 268 introduction and first reading of the ordinance to approve the Redevelopment Plan and any amendments to the Project Area for the purpose of adding additional territory to the Project Area shall not occur any earlier than the sixth (6th) calendar day after the conclusion of the public hearing of the Agency to consider the approval of the Redevelopment Plan or any amendments to the Project Area. As provided in this subsection (a) and in the following subsection (b), any expulsions from membership or any voluntary withdrawals from membership shall occur no later than the fifth (5th) calendar day after the conclusion of the public hearing on the Redevelopment Plan or any amendments to the Project Area. (b) Voluntary withdrawal from Membership. Any Member may voluntarily withdraw from membership in the Agency at any time prior to the introduction and first reading of an ordinance providing for the final adoption of the Redevelopment Plan. Subsequent to such final adoption of a Redevelopment Plan by the Agency, any New Member may seek to have territory added to the Project Area pursuant to an amendment to the Redevelopment Plan. At any time prior to the first reading of an ordinance providing for the final adoption of an amendment to add territory to the Redevelopment Plan, a New Member may voluntarily withdraw from the membership prior to the inclusion of such territory of a New Member within the amended Project Area. The Agency shall not include any portion of the territory of a withdrawing Member or a withdrawing New Member unless such withdrawing Member or withdrawing New Member shall thereafter consent in writing to the inclusion of such territory within the Project Area. Upon voluntary withdrawal from membership in the Agency, such withdrawing Member or withdrawing New Member shall no longer be a party to this Agreement for any purposes. (c) Mandatory Participation. Upon the introduction and first reading of the ordinance to approve the Redevelopment Plan or an amendment to add territory to the Project Area, (i) any -10-        Packet Page. 269 Member who has territory included within the boundaries of the proposed Project Area, and (ii) any Member or New Member who has territory included within the territory to be added by an amendment to the project Area, shall be unable to voluntarily withdraw or be expelled from the Agency membership. Section 2.07. Meetings of the Board. (a) Regular Meetings. The Board shall hold regularly scheduled meetings at such time and at such location or locations to be designated by the Board Members. The date, hour and place of the holding of regular meetings shall be fixed by resolution of the Board and a copy of such resolution shall be delivered to each of the Members. Regular meetings of the Agency may only be held at a location or locations which are either within any portion of the territorial jurisdiction of a Member which is a municipal corporation or within three (3) miles of the boundaries of Norton Air Force Base. (b) Special Meetings. Special meetings of the Board maybe called in accordance with the provisions of section 54956, et seq., of the Government Code of the State. (c) Call. Notice and Conduct of Meetings. All meetings of the Board, including without limitation special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act found as section 54950, et seq., of the Government Code of the State. section 2.08. Minutes. The Secretary shall maintain minutes of the meetings of the Board and shall, as soon as practicable after each meeting, forward a copy of the minutes to each Board Member and to each of the Members. section 2.09. Voting. The number of votes for each public entity which is -11-        Packet Page. 270 included within the then current membership of the Agency as either a Member or a New Member shall be as follows: City of San Bernardino County of San Bernardino city of Colton City of Lorna Linda Votes 3 2 2 2 Each Member with two (2) votes shall have two (2) Board Members with one (1) vote each, and the Member with three (3) votes shall have thre e (3) Board Members with one (1) vote each. In the event a Board Member for a Member with two (2) v otes is not present upon the casting of votes on any matter, the other Board Member may cast two (2) votes on behalf of such Member in any mann e r deemed appropriate by such Board Member. In the event either one (1) or two (2) Board Members for a Member with three (3) votes are not present upon the casting of votes on any matter, the Board Member or Board Members of such Member in attendance may cast among them a total of three (3) votes on behalf of such Member in any manner deemed appropriate by such Board Member or Board Members. In the event no Board Member of a Member is present at the time that votes are cast on a matter, the votes of such absent Board Member or Board Members shall be considered as not having been cast on such matter. Each Member by official action of its city councilor Board of Supervisors, as appropriate, shall designate one (1) elected official of the Member for each vote and Board position as the primary representatives for each Member. Such primary representatives may be any elected official of the Member. Each Member shall similarly designate one (1) additional elected official of the Member to serve as an alternate for either or all of the primary representatives for each Member. section 2.10. Quorum; Required Votes; Approvals. No -12-        Packet Page. 271 Person other than a duly appointed Board Member who has been appointed as either a primary representative or an alternate representative may sit on the Board and be considered for purposes of determining a quorum and for the casting of votes. Board Members representing a majority of the Members and New Members then in the membership of the Agency shall constitute a quorum, which is necessary for the transaction of business, except that less than a quorum may adjourn from time-to-time. The affirmative votes of a majority of the Board Members representing Members and New Members then in the membership of the Agency shall be required on all actions to be taken by the Board unless a greater number of votes is otherwise specified in this Agreement or required by law for a specific matter. Any Board Member who shall abstain from voting shall not have such vote counted as either an affirmative or a negative vote but shall be considered as present for purposes of determining whether a quorum of the Members is present. section 2.11. Bylaws. The Board may adopt, from time- to-time, such bylaws, rules and regulations for the conduct of its meetings as are necessary for the purposes hereof; provided, however, that such bylaws shall not be inconsistent with this Agreement or in any manner amend or attempt or purport to amend this Agreement or any amendment to this Agreement. ARTICLE III OFFICERS AND EMPLOYEES Section 3.01. Co-Chairmen, Vice-Chairman and Additional Officers. The Board shall elect two persons to be Co-Chairmen and one person to be Vice-Chairman from among the Board Members for a term of two (2) years commencing as of the first regular meeting of the Board of the Fiscal Year which commences in an -13-        Packet Page. 272 even numbered calendar year; provided that the initial term of the Co-Chairmen and Vice-Chairman elected by the Board upon creation of the Agency shall terminate upon the election of the Co-Chairmen and Vice-Chairman for the 1992-93 and 1993-94 Fiscal Years. The Board shall appoint such additional officers and shall employ such additional employees and assistants as may be appropriate, including, but not limited to, a general manager, counsel and Secretary for the Board. The officers shall perform the duties normal to said offices; and (a) Either Co-Chairmen, or such other official, officer or person as may be designated by the Board, shall execute all contracts on behalf of the Agency, and shall perform such other duties as may be imposed by the Board; (b) the Vice-Chairman shall act, execute contracts and perform all of the Co-Chairmen's duties in the absence of both Co-Chairmen; and (c) the secretary shall attest to the execution of all contracts executed by a Co-Chairman, Vice-Chairman or such other official, officer or person as may be designated by the Board, on behalf of the Agency, perform such other duties as may be imposed by the Board and cause a copy of this Agreement to be filed with the Secretary of State pursuant to the Act. section 3.02. Treasurer. The Board Members shall select the treasurer or chief financial officer of a Member to be designated as the Treasurer of the Agency. The Treasurer shall be the depository and shall have custody of all of the funds and moneys of the Agency. The Board shall also appoint a controller who shall have custody of all the accounts and who shall draft warrants to pay all demands against the Agency as approved by the Board. The Agency shall approve the employment of a certified public accountant or firm of certified public accountants for the annual audit of all accounts and financial records of the Agency. -14-        Packet Page. 273 Section 3.03. Officers in Charge of Records. Funds and Accounts. The controller shall have charge of, handle and have access to all accounts, funds and moneys of the Agency and all records of the Agency relating thereto; and the Secretary shall have charge of, handle and have access to all other records of the Agency. All persons who have charge of, handle or have access to any property of the Agency shall file an official bond in an amount to be determined by the Agency, and all costs of providing such official bond shall be paid by the Agency. section 3.04. Other Employees. The County of San Bernardino (the "County") shall (i) provide the Agency with County staff personnel as reasonably deemed necessary by the Agency for the purposes of causing the preparation and adoption of the Redevelopment Plan for the Project Area, and (ii) contract with such consultants, engineers and legal counsel and other third parties as deemed necessary by the Agency in order to cause the successful adoption and administration of the Redevelopment Plan and cause to be prepared and adopted a Norton Air Force Base reuse plan. The Agency shall accept within thirty (30) days after the creation of the Agency all consultant contracts previously entered into by the County with consultants retained for the adoption of the base reuse plan and the Redevelopment Plan and with legal counsel. Upon acceptance of such contracts, the Agency shall approve a budget for the payment of all anticipated amounts to be paid pursuant to said contracts have been fully performed. such contracts until The Agency hereby deems such previously executed contracts to have been necessary for the adoption of the Redevelopment Plan and approves payment for the professional services performed pursuant to such contracts. The Agency also agrees to pay to the County all costs incurred by the County in preparation for the base reuse plan, this Agreement and the Redevelopment Plan, provided such costs represent additional expenses to the County which would not have been incurred but for the effort to create the base reuse plan, -15-        Packet Page. 274 this Agreement and the Redevelopment Plan all in connection with the Norton Air Force Base. The Agency shall have the obligation to reimburse the County solely from Tax Increment Revenues attributable to the Project Area for the costs paid or incurred by the County. Such reimbursement payments shall commence at such time as Tax Increment Revenues generated from the Project Area are available for the purposes of such reimbursement and shall continue until all amounts plus interest thereon have been reimbursed to the County. Such reimbursements shall be made periodically on a pro rata basis and installments shall be in such amounts as funds are available for such reimbursement so that, to the extent financially possible, all amounts plus interest thereon shall be reimbursed to the County within a three-year period. The reimbursement obligation shall only pertain to actual verifiable costs paid or incurred by the County, with interest thereon at the rate of seven and five- tenths percent (7.5%) per annum on the outstanding principal balance calculated for the period of time from which the County expended funds until the date of full reimbursement of such principal amount plus interest thereon. To the extent any unreimbursed amounts remain outstanding at the end of three (3) years from the date expenses were incurred, such obligation for reimbursement shall continue until the County has been reimbursed in full. The Agency shall have the power to appoint and employ such other consultants and independent contractors as may be necessary for the purposes of this Agreement. None of the officers, agents or employees directly employed by the Board shall be deemed, by reason of their employment by the Board, to be employed by any Member or, by reason of their employment by the Board, to be subject to any of the requirements of the Members. The Board may, however, elect to utilize the employment and benefit system of any Member with the written concurrence of such Member as the employment and benefit system for Board and Agency employees. The Agency shall adopt a conflict of interests code which shall pertain to all -16-        Packet Page. 275 Board Members and all officers, officials and employees of the Agency as shall be designated therein. section 3.05 Assistant Officers. The Board may appoint such assistants to act in the place of the Secretary or other Board appointed positions (other than any Board Member) as the Board shall from time-to-time deem appropriate. section 3.06 Fiscal Review. The Agency in accordance with Health and Safety Code section 33320.5 shall cause the formation of a fiscal advisory committee (the "Fiscal Advisory Committee") for the purposes of advising the Agency of any fiscal impacts suffered, or to be suffered, by any taxing agencies with territory located within the Project Area which fiscal impacts are caused by, or attributable to, the adoption of the Redevelopment Plan, or an amendment thereto. Each Member shall, during the Redevelopment Plan adoption process, or the amendment process if necessary, commit the services of its fiscal officer or treasurer to participate on the Fiscal Advisory Committee for the purposes set forth herein. Said Fiscal Advisory Committee shall meet on a regular basis with any affected taxing entities and shall convene on a monthly basis, or more frequently as may be deemed necessary, in order to adequately analyze and advise on any fiscal impacts associated with the adoption of the Redevelopment Plan, or an amendment thereto. Such Fiscal Advisory Committee shall present its findings and recommendations to the Agency regarding any fiscal impacts to affected taxing agencies for consideration by the Agency. section 3.07 Technical Advisory Committee. Each of the Members shall commit the services of its city manager, chief executive officer or redevelopment director to serve on a technical advisory committee (the "Technical Advisory Committee") to be formed by the Agency. The Technical Advisory Committee shall meet regularly with the staffs of each of the Members to informally discuss issues and concerns regarding the -17-        Packet Page. 276 Redevelopment Plan adoption process and Redevelopment Plan amendment process, if applicable. ARTICLE IV POWERS section 4.01. General Powers. The Agency shall exercise, in the manner herein provided, the powers common to each of the Members which are necessary to the accomplishment of the purposes of this Agreement, subject to the restrictions set forth in Section 4.03. As provided in the Act, the Agency shall be a public entity separate and apart from the Members. The jurisdictional boundaries of the Agency for which the Agency shall exclusively exercise powers of a redevelopment agency shall be the Project Area as may be initially adopted and any amendments thereto. All Tax Increment Revenues, investment earnings and other income accruing to the Agency shall be available for use by the Agency in a manner consistent with this Agreement. The Agency shall have the power to redevelop Norton Air Force Base and the properties which are adjacent and in proximity thereto and assist in the elimination of blight by expending moneys for redevelopment purposes in order to cause the redevelopment of the Project Area in a manner consistent with the Law. section 4.02. Specific Powers. The Agency is hereby authorized, in its own name, to do all acts necessary for the exercise of the foregoing powers only in accordance with the Law, the Act and other applicable laws of the State, including but not limited to, any or all of the following: (a) to make and enter into contracts pertaining to the redevelopment of the Project Area subject to the limitations set -18-        Packet Page. 277 forth in Section 4.03 hereof; (b) to employ agents or employees; (c) to acquire or dispose of land or building sites; (d) to provide financing assistance to encourage development; (e) to improve land or building sites through the acquisition, installation and improvement of on-site or off-site Public improvements; (f) to donate land to private or public persons or entities; (g) to incur debts, liabilities or obligations, and to issue bonds, notes, warrants or other evidence of indebtedness; (h) to acquire, construct, manage, maintain, lease and operate buildings, works or improvements, both public and private as may be permitted by the Laws of the State; (i) to acquire, rehabilitate and dispose of buildings or structures; (j) to provide relocation assistance; (k) to assist in the development of housing for the benefit of, low-and moderate-income households and to provide subsidies in connection therewith; (1) to apply for, receive and utilize grants and loans from federal or state government or any other source; (m) to enter into agreements with the united States of -19-        Packet Page. 278 America or any agency or department thereof to determine the interim use and disposition of the Norton Air Force Base property; (n) to develop financing plans, pay the principal and interest on bonds, loans, advances or other indebtedness, or pay fin~ncing or carrying charges; (0) to sue and be sued in its own name; (p) to carry out and enforce all the provisions of this Agreement; (q) to acquire, own, lease and operate an airport facility, including any wastewater treatment facility in connection with the Norton Air Force Base property; (r) to exercise any and all other powers of a redevelopment agency as may be provided in the Law or the Act as the same exist and as the Law or the Act may hereafter be amended. section 4.03. Restrictions on Exercise of Powers. The powers of the Agency shall be exercised in the manner provided by Law and the Act and shall be subject to the restrictions upon the manner of exercising such powers that are imposed upon the City of San Bernardino in the exercise of similar powers. Any exercise of the power of eminent domain by the Agency shall require the two-thirds (2/3rds) vote of the Board Members and the concurring two-thirds (2/Jrds) vote of either (i) the city council within whose municipal boundaries the property that is the subject of the eminent domain action is located, or (ii) the Board of Supervisors of the County in the event the property that is the subject of the eminent domain action is located within the unincorporated area of the County. -20-        Packet Page. 279 Section 4.04. Redevelopment Projects/Priorities. The Agency shall maintain two (2) priority lists for projects to be undertaken by the Agency with Agency Tax Increment Revenues. The first list shall be job generating and blight elimination projects that comply with certain criteria to be established by the Agency, and the second list shall include that can be legally undertaken by the Agency. any other project A Member of the Agency may propose projects within the Member's territory and the Agency itself may propose projects, subject to the limitations set forth herein. with respect to Member proposed projects within the territory of such Member, each Member by official action of its city councilor Board of supervisors, as appropriate, must approve such projects. All such Member proposed projects shall be prioritized on an ongoing basis by a majority vote of the Board Members and such projects shall be placed on either the "job generating/blight elimination" list or the "other project" list. All such approved projects on both priority lists will be undertaken by the Agency as funds are available to the Agency for such purpose. The designation of projects for either priority list and the actual prioritization of projects on the respective lists shall require a majority vote of the Board Members. The initial authorization to proceed with the implementation of such specific projects by the letting of contracts or the appropriation of funds shall require a majority vote of the Board Members. A Member by official action of its governing body may withdraw a project located within its territorial jurisdiction from consideration at any time until such initial authorization to proceed has been granted by the Agency. A Member may carry out within a Project Area any activity which may legally be undertaken by the Member which does not involve the expenditure of Agency funds, and no approval of the Agency shall be required for such projects. -21-        Packet Page. 280 In the event the Agency elects to undertake a development project which requires the expenditure of Agency Tax Increment Revenues or enter into an agreement for any real property lease, acquisition or disposition, either of which is being proposed by the Agency and not by a Member, the Agency may undertake such development project or real property transaction within the territorial jurisdiction of a Member only upon the approval of the governing body of such Member. The implementation of any project shall be subject to ordinary and customary development conditions and criteria, exactions and imposition of mitigation measures as may be determined in the sole discretion of the Member's planning commission, the city councilor Board of Supervisors, as appropriate, and any other advisory boards of the Member within whose territorial jurisdiction such project is proposed to be located. The Redevelopment Plan shall contain provisions to the effect that at such time or times as the general plan land use designations may be changed by the legislative body of a Member, the Redevelopment Plan shall be deemed to be automatically modified so that the Redevelopment Plan will at all times be in conformity with the local land use designations of each Member. section 4.05. Obligations of Agency. The debts, liabilities and obligations of the Agency shall not be the debts, liabilities and obligations of any of the Members unless such Member shall expressly agree in writing to repay such debt, liability or obligation. ARTICLE V ASSUMPTION OF RESPONSIBILITIES; APPLICATION OF FUNDS -22-        Packet Page. 281 Section 5.01. Assumption of Responsibilities by the Agency. As soon as practicable after the effective date of this Agreement, notice shall be given in the manner required by section 8.01 of the organizational meeting of the Board. At said meeting the Board shall provide for its regular meetings as required by Section 2.07 and elect the Co-Chairmen and a Vice- Chairman and appoint the Secretary and Treasurer. section 5.02. Delegation of Powers. Each of the Members hereby delegates to the Agency the power and duty to undertake such actions as may be necessary to carry out the intent of this Agreement to the extent permitted by this Agreement and by law. section 5.03. Creation and Application of Funds. The Members agree that the Redevelopment Plan for the Project Area and the ordinance adopting such Redevelopment Plan shall contain a provision requiring that Tax Increment Revenues attributable to the project Area in accordance with Health and Safety Code section 33670(b) shall be allocated for Agency use from each Member's percentage share of the one percent (1%) tax rate as follows: (i) each Member which is a incorporated city (the "City Member") shall have allocated for Agency use one-half (1/2) of their percentage share of the one percent (1%) tax rate for property taxes generated upon the incremental assessed value of property located within their municipal boundaries of the Project Area; (ii) the County shall have allocated for Agency use one- half (1/2) of the County General Fund share of the one percent (1%) tax rate for property taxes generated upon the incremental assessed value of property which is within County unincorporated areas of the Project Area as of the effective date of this Agreement. Upon annexation of any such County unincorporated property into the municipal boundaries of a City Member, both the county and such City Member agree that the property taxes represented by fifty percent (50%) of their respective percentage figures after annexation shall be allocated as Tax Increment Revenues for Agency use, or such greater percentage figure as may -23-        Packet Page. 282 be necessary to make the combined City Member or County allocation in such annexed territory at least equal to the amount of Tax Increment Revenues allocated for Agency use as Tax Increment Revenues from the County General Fund immediately Prior to such annexation. Upon annexation of any such County unincorporated property into the municipal boundaries of a city that is not a Member, the County agrees that the property taxes represented by fifty percent (50%) of its percentage figures after annexation shall be allocated as Tax Increment Revenues for Agency use. The Agency may not receive or use any Tax Increment Revenues attributable to the percentage share of a Member from the one percent (1%) property tax rate in excess of the amount required to be allocated for Agency use herein without the expressed written approval of the affected Member. The Agency may not receive or use any Tax Increment Revenues from the percentage share of the one percent (1%) property tax rate attributable to all special districts governed by the Board of Supervisors (including the County Flood Control District), the County superintendent of Schools and the County Free Library without the express written approval of the County. The Agency shall authorize the filing of a validation action as permitted by Health and Safety Code section 33500, et seq., for the purpose of determining the legality and validity of all proceedings taken for or in any way connected with the establishment of the Agency and its authority to transact business and to exercise its powers. Such validation action shall, in addition to other matters as may be validated thereunder, specifically address the matters set forth in this section 5.03 and determine (i) the validity of the Agency designation as Tax Increment Revenues of less than all of the property taxes generated upon the incremental assessed valuation pursuant to Health and Safety Code section 33670(b) attributable to the property tax rate of a Member and (ii) the validity of -24-        Packet Page. 283 causing the remittance of the remaining portion of such property taxes generated upon the incremental assessed valuation pursuant to Health and Safety Code Section 33670(b) attributable to the property tax rate of a Member that are not designated as Tax Increment Revenues to the respective Members as the proceeds of taxes for deposit and use by each respective Member as general fund revenues. section 5.04. Unexpended Funds. Any unexpended funds on deposit with the Agency and any direct or indirect moneys received or earned by the Agency shall, upon termination of this Agreement or upon the dissolution of the Agency, be distributed to the respective Members in proportion to each Member's contribution to the total allocation of Tax Increment Revenues to the Agency from all Members up to the time of such termination or dissolution. section 5.05. Member Contributions. Nothing contained in this Agreement shall preclude any Member or New Member from contributing or advancing any legally available funds, moneys or revenues of any such Member or New Member all as provided in section 6504 of the Act. Any contribution or advance to the Agency by a Member or New Member in furtherance of the purpose of this Agreement shall be made only upon agreement by and between the Agency and the Member or Members and the New Member or New Members, as applicable, seeking to or being requested to make such contribution or advance to or for the benefit of the Agency. ARTICLE VI ACCOUNTS AND REPORTS; FUNDS section 6.01. Accounts and Reports. The Treasurer shall establish and maintain such funds and accounts as may be required by good accounting practice. The books and records of -25-        Packet Page. 284 the Agency shall be open to inspection at all reasonable times by representatives of the Members and the Board Members. As soon as practicable after the close of each Fiscal Year, the controller shall give a complete written report of all financial activities for such Fiscal Year to the Board Members and the Members, and the Agency shall cause an audit to be conducted by an independent certified public accounting firm, as provided in Section 3.02 hereof. The final audit shall be distributed to each Member, to each Board Member and to each member of the Technical Advisory committee. section 6 .02. Disbursements. The Agency shall make disbursements required by this Agreement or carry out any of the provisions or purposes of this Agreement in accordance with policies and procedures as may be established by the Board. section 6.03. Annual Budget and Administrative Expenses. Prior to July 1st of each year, the Board shall adopt an annual budget for all Agency expenses which budget shall include Agency administrative expenses, capital expenditures and debt repayments for both public improvement projects and other redevelopment activities. ARTICLE VII TERM section 7.01. Term. This Agreement as originally approved has become effective on January 24, 1990. This Agreement shall continue in effect for a term of years not less than the duration of the Redevelopment Plan or the term of any agreements entered into with the State or federal government or any agency or department thereof unless terminated by the mutual consent of the Members on an earlier date; provided, however, -26-        Packet Page. 285 that this Agreement shall not be terminated by the mutual consent of the Members if (i) such termination would impair any contractual arrangement between the Agency and third parties, or (ii) the Agency has previously issued bonds, notes or other forms of indebtedness to undertake any purposes of the Agency; unless, however, any such obligations have been paid in full or assumed in full by any Member or Members independently or by another governmental entity as maybe permitted by the laws of the state. section 7.02. Disposition of Assets. Upon termination of this Agreement, all property of the Agency, both real and personal, shall be divided among the Members in the same manner as provided for in section 5.04 hereof. ARTICLE VIII MISCELLANEOUS PROVISIONS section 8.01. Notices. Notices hereunder to any Member shall be proper if in writing and dispatched by messenger for immediate personal delivery, or by registered or certified United states mail, postage prepaid, return receipt requested, or by fax, facsimile or telecopier transmission to the principal office of the Members as each Member may determine to be its address for the receipt of notices pursuant to this Agreement. Notice shall be deemed to have been given for purposes of this Agreement upon receipt if by either messenger or registered or certified united states mail and upon transmission by the party giving notice if by fax, facsimile or telecopier transmission. section 8.02. section Headings. All section headings in this Agreement are for convenience of reference only and are not to be construed as modifying or governing the language in the section referred to or to define or limit the scope of any provisions of this Agreement. -27-        Packet Page. 286 Section 8.03. Law Governing. This Agreement is made in the State under the constitution and laws of the State and is to be so construed. section 8.04. Amendments. This Agreement may be amended at any time, or from time-to-time, by one or more supplemental agreements approved by official action of the respective city councils or Board of supervisors, as appropriate, and executed by all of the Members who are then parties to this Agreement either as required in order to carry out any of the provisions of this Agreement or for any other purpose including without limitation the addition of New Members and any other public agencies heretofore or hereafter created, in furtherance of the purposes of this Agreement. section 8 .05 . Enforcement by Agency. The Agency is hereby authorized to take any or all legal or equitable actions, including but not limited to injunction and specific performance, necessary or permitted by law to enforce this Agreement. section 8.0 6 . Severability. Should any part, term or provision of this Agreement be decided by any court of competent jurisdiction to be illegal or in conflict with any law of the State, or otherwise be rendered unenforceable or ineffectual, the validity of the remaining portions or provisions shall not be affected thereby. section 8.07. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the respective Members. None of the Members may assign any right or obligation hereunder without the written consent of the other Members. Section 8.08 . Executed counterparts. This Agreement may be executed in original counterparts by each Member executing their respective signature page upon approval by the governing -28-        Packet Page. 287 body of each Member of a conformed copy of both this Agreement and Exhibit "A" prior to the obtaining of all executed signature pages to this Agreement from the other Members of the Agency. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed and attested by their proper officers thereunder duly authorized and their official seal to be hereto affixed, on the day and year set opposite the name of each of the parties. -29 -        Packet Page. 288 ( SEAL) ATTEST: -""'~~<L4'¢=~"""'I.u.~~«--__ /- city Clerk Approved as to Form: C ty Attorney CITY OF SAN BERNARDINO, C ·I:;TFORNIA Title: -30-        Packet Page. 289 (SEAL) A'fTEST: city Clerk Approved as to Form: City Attorney CITY OF COLTON, CALIFORNIA BY~":::::"'_~~~.u...:,;~~~~~ Title: I-1A.YOR, -31-        Packet Page. 290 (SEAL) ATTEST: &"",,4 ) ~1zz?a ~ i2 /!:z7 P t- City Clerk Approved a s to Form: city Attorney CITY OF LOMA LINDA, CALIFORNIA Title: MAYOR -32 -        Packet Page. 291 Approved as to Form: COUNTY OF SAN BERNARDINO By: Title: Vlot CHAIRMAN , BOARD OF SUPERVISORS FEB 1 2 1990 SIGNED AND CrATIFlEO THAT A Cr?~ Of THIS OOCUI'1ENT liAS BEEN DElIIJf.Rto TO 1 rlE C\lAIR, MAN Of '[H E >Af~1 rd >llOA'[' -33-        Packet Page. 292 EXHIBIT "A" Territory to be included by each Member for consideration in the formation of the project Area as provided in section 2.03 of the Agreement is all territory within the Preliminary Survey Area Boundary as shown on the map portion of this Exhibit "A", exclusive of all existing redevelopment project areas and proposed redevelopment project areas for which a boundary map and legal description have been filed by the appropriate Member with the State Board of Equalization, and exclusive of all territory listed in the Attachment to Exhibit "A". Except for such exclusions, the territory within the Preliminary Survey Area Boundary shall include both (i) all incorporated areas of a Member, if such Member is a municipal corporation and (ii) all unincorporated areas of the County of San Bernardino. -34-        Packet Page. 293 -~-~ ---------------~- o z ::i z I- co I X UJ o m I m I '"        Packet Page. 294 ( ATTACHMENT TO EXHIBIT A EXCEPTING therefrom the following described property in the Cities of San Bernardino and Highland and unincorporated area in the County of San Bernardino: PARCEL NO. 1 All of that certain property lying North of the centerline of Mill Street, South of the centerline of Poplar Street, East of the centerline of Mt. Vernon Avenue and West of the East line of Eureka Street. PARCEL NO.2: All of that certain property lying North of the centerline of Esperanza Street and it's Westerly prolongation, South of the centerline of Mill Street, East of a line which is parallel with and 150 feet West of the centerline of "K" Street and West of the East line of "J" Street. PARCEL NO.3: All of that certain property lying North of the centerline of 5th Street, South of a line which is parallel with and 300 feet North of the North line of 6th Street, East of the East line of Mayfield Avenue and it's Northerly prolongation and West of the East line of Mt. View Avenue. PARCEL NO.4: All of that certain property lying North of a 300 feet South of the South line of 9th Street, centerline of 10th Street, East of the centerline and West of the centerline of Mt. View Avenue . PARCEL NO.5: line which is South of the of "D" Street All of that certain property lying North of the centerline of Kingman Street, South of the centerline of 6th Street, East of the Westerly boundary of the Joint Powers Authority and West of the centerline of Cabrera Avenue. Page )5 " February 12, 1990        Packet Page. 295 PARCEL NO.6: All of that certain property lying North of a line which is parallel with and 300 feet South of the South line of the Atchison, Topeka and Sante Fe Railroad right-of-way, South of a line which is parallel with and 800 feet South of the south line of Pioneer Street, Easterly of the Northerly right-of-way line of the Santa Ana River and West of the centerline of Gage Street and its Northerly and Southerly prolongation. PARCEL NO.7: All of that certain property lying North of the centerline of 6th Street, South of the centerline of Vine Street and its Westerly prolongation, East of the centerline of Elm Street and West of a line which is parallel with and 800 feet East of the East line of Sterling Avenue in the Cities of San Bernardino and Highland. PARCEL NO.8: All of that certain property lying North of a line which is parallel with and 300 feet South of the South line of 7th Street and its Westerly prol o ngation, South of a line which is parallel with and 200 feet North of the North line o f Vine Street and its Westerly prolongati o n , East of a line whi c h is parallel with and 200 feet West of the c enterline of Tippe ca n o e Av enue and East of the centerline of Fairfax Lane and its No rtherly and Southerly prolongation in the cities of San Bernardino and Highland. PARCEL NO.9: All of that certain property lying North of the centerline of San Bernardino Av enue and its Westerly pro longation, South of the centerline of the Santa Ana Ri v er, East o f a line which is parallel with and 300 feet West o f the cent e rline of Tippecanoe Avenue and West of a line which is parallel with and 1100 feet East of the centerline of Tippecanoe Avenue. Page. 36 , February 12, 1990        Packet Page. 296        Packet Page. 297        Packet Page. 298        Packet Page. 299        Packet Page. 300        Packet Page. 301        Packet Page. 302        Packet Page. 303        Packet Page. 304        Packet Page. 305        Packet Page. 306        Packet Page. 307        Packet Page. 308        Packet Page. 309        Packet Page. 310        Packet Page. 311        Packet Page. 312        Packet Page. 313        Packet Page. 314        Packet Page. 315        Packet Page. 316        Packet Page. 317        Packet Page. 318        Packet Page. 319        Packet Page. 320        Packet Page. 321        Packet Page. 322        Packet Page. 323        Packet Page. 324        Packet Page. 325        Packet Page. 326        Packet Page. 327        Packet Page. 328        Packet Page. 329 ATTACHMENT 1 CURRENT JOINT POWERS AGREEMENT 18        Packet Page. 330 29        Packet Page. 331 310        Packet Page. 332 411        Packet Page. 333 512        Packet Page. 334 613        Packet Page. 335 714        Packet Page. 336 815        Packet Page. 337 916        Packet Page. 338 1017        Packet Page. 339 1118        Packet Page. 340 1219        Packet Page. 341 1320        Packet Page. 342 1421        Packet Page. 343 1522        Packet Page. 344 1623        Packet Page. 345 1724        Packet Page. 346 1825        Packet Page. 347 1926        Packet Page. 348 2027        Packet Page. 349 2128        Packet Page. 350 2229        Packet Page. 351 2330        Packet Page. 352 2431        Packet Page. 353 BYLAWS OF THE INTERAGENCY COUNCIL ON HOMELESSNESS San Bernardino County Homeless Partnership Interagency Council on Homelessness BY-LAWS Adopted March 22, 2010 Amended August 15, 2018 Amended August 28, 2019 A Continuum of Care is a community plan to organize and deliver housing and services to meet the specific needs of people who are homeless as they move to stable housing and maximum self-sufficiency. The mission of the San Bernardino County Homeless Partnership is to provide a system of care network that is inclusive, well planned, coordinated, evaluated and accessible to all who are homeless or at-risk of being homeless. Article I Purpose The Interagency Council on Homelessness (“ICH”) is a vital component of the San Bernardino County Homeless Partnership (“Partnership”). The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County (“10-Year Strategy”). The ICH will focus on resource development to ensure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). Article II Vision Provide leadership in creating a “comprehensive countywide network” of service delivery for the homeless population. Identify families and individuals at-risk of homelessness and circumstances leading to homelessness through facilitation of better communication, planning, coordination, and cooperation among all entities that provide services and/or resources for the relief of homelessness in the County of San Bernardino in a united effort to eliminate homelessness county-wide. Article III Duties        Packet Page. 354 2 The ICH is charged with directing, coordinating and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County on a regional basis in order to carry out implementation activities and will develop resources to ensure the funding of homeless projects and 10-Year Strategy recommendations. As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. Article IV Membership        Packet Page. 355 3 A. ICH Membership Composition The membership of the ICH shall be broadly based with representation from all sectors of the community, including but not limited to: homeless service providers, representatives of federal, state and local government, corporations, and concerned individuals. Due to the large size of San Bernardino County (22,000+ square miles) and to encourage collaboration among members, representation on ICH will be on a regional basis. The regions will be as follows: West Valley Region: Encompasses the cities of Chino, Chino Hills, Montclair, Ontario, Rancho Cucamonga, Upland, and the surrounding unincorporated communities. Central Valley Region: Encompasses the cities of Colton, Fontana, Grand Terrace, Highland, Loma Linda, Redlands, Rialto, San Bernardino, Yucaipa, and the surrounding unincorporated communities. East Valley Region: Encompasses the cities of Needles, Twenty-nine Palms, Yucca Valley, and the surrounding unincorporated communities. Desert Region: Encompasses the cities of Adelanto, Apple Valley, Barstow, Hesperia, Victorville, and the surrounding unincorporated communities. Mountain Region: Encompasses the city of Big Bear and the unincorporated communities which include Blue Jay, Cedar Glen, Cedarpines Park, Crestline, Forest Falls, Green Valley Lake, Lake Arrowhead, Rim Forrest, Running Springs, Skyforest, Sugarloaf, and Twin Peaks. A member whose service area covers more than one Region shall designate a Region as their primary service area. Members may participate in meetings and activities outside of their designated Region, but may only hold the office of Regional Representative in their designated Region The ICH membership shall be composed of no more than 19 members. 1. Two (2) members from the San Bernardino County Board of Supervisors or designee; 2. City Representative (West Valley Region) 3. City Representative (Central Valley Region) 4. City Representative (East Valley Region)        Packet Page. 356 4 5. City Representative (Desert Region) 6. City Representative (Mountain Region) 7. San Bernardino County Law & Justice Group 8. San Bernardino County Superintendent of Schools 9. Deputy Executive Officer, Community Development & Housing Agency 10. Assistant Executive Officer of Human Services 11. Director of the Department of Behavioral Health 12. Director of the Housing Authority of San Bernardino County 13. Homeless Provider Network (West Valley Region) 14. Homeless Provider Network (Central Valley Region) 15. Homeless Provider Network (East Valley Region) 16. Homeless Provider Network (Desert Region) 17. Homeless Provider Network (Mountain Region) 18. Homeless or Formerly Homeless Individual City Representatives will be selected by the City Selection Committee of San Bernardino County (Government Code 50270 et. Seq.). Should a city seat not be filled within thirty (30) days of a vacancy, the seat will default to an at-large position from the same region, with said appointment being made by the ICH members. City representatives are not required to be council members but must be at the level of a department director or higher. The HPN Chair will automatically serve as the delegate member from his/her region. Should a HPN regional seat not be filled within thirty (30) days of a vacancy, the seat will default to an at-large position from the same region, with said appointment being made by the ICH members. Regional representatives will also participate in their respective regional subcommittee. B. Membership Application and Approval Process Solicitation for ICH membership applications for unfilled positions shall begin no less than eight weeks after the vacancy of an individual ICH member. The Office of Homeless Services (OHS) on behalf of the ICH shall circulate a “Call for Applications” to the appropriate organization or parties. The “Call for Applications” will set forth the criteria for appointment to the ICH, and will set the deadline for the receipt of said applications. Applications must be accompanied by a Letter of Recommendation from the sponsoring ICH Member agency or organization or an individual Member of the ICH. Directors listed in Article IV, section A, and elected officials, which have been designated to sit on the ICH by a local government agency listed in Article IV, section A, shall become a member of the ICH by reason of their position without application. Designees, recommended in lieu of the above listed individuals, must comply with the application process.        Packet Page. 357 5 The ICH will establish an ad-hoc Application Review Committee as needed to review applications and develop a screening process. The Application Review Committee will recommend candidates for appointment to the ICH after reviewing the applications. The OHS shall prepare a synopsis of the recommended applicant’s qualifications for the ICH. OHS shall forward the recommendations and synopses to the ICH no later than two (2) weeks prior to the next regularly scheduled meeting at which the approval of new members will occur. C. Membership Terms of Service Once appointed to the ICH, Members shall serve an unlimited term unless the relationship is terminated pursuant to the terms of Article IV of these Bylaws.1 . D. Membership Responsibilities All Members are expected to attend meetings. Member absences will be noted in the minutes. Other responsibilities may include: 1. Providing oral and/or written comment on issues being discussed by the ICH; 2. Assisting in the development and implementation of task forces, subcommittees and/or committees necessary to conduct the business of the ICH; 3. Supporting and participating in training, summits, and activities sponsored by the ICH; 4. Active participation in the annual Point-in-Time Count; 5. Reviewing and commenting on documents, such as those concerning the Continuum of Care Homeless Assistance Grant funding; and 6. Providing regular reports and updates regarding ICH activities and progress back to member agencies (i.e., inclusion of ICH agenda and minutes in the agency’s official public records). E. Membership Voting 1. A Member representing more than one Agency or Office shall receive only one vote. 2. A Member shall designate one representative to vote on behalf of the Member and may establish one alternate to vote in the absence of the designated representative. F. Membership Vacancies 1. ICH membership ends when: At least ninety (90) days notice shall be given unless otherwise mutually agreed.        Packet Page. 358 6 a. A Member resigns or is unable to serve for justified reasons; or b. A Member is deemed inactive by the ICH upon the relevant facts that have been presented; or c. A Member is replaced by the sponsoring agency or organization; or d. A Member is terminated by a majority of the ICH for just cause: i. Charged with a crime that would subject the Member to debarment, suspension, disqualification or other exclusion from participating in a federally funded transaction pursuant to federal law. ii. Unprofessional behavior. iii. Violation of these bylaws. iv. Conduct prejudicial to the best interests of the ICH; v. Lack of participation in three (3) consecutive ICH meetings without prior ICH approval. vi. Just cause as defined by the majority of the ICH. 2. Termination of an individual’s membership does not terminate the sponsoring agency or organization’s representation of the ICH. 3. If a Member representative who has been duly notified of ICH meetings misses three meetings within a one-year period, the Chair shall formally and in writing contact the Member requesting a written response of the ability of the Member’s representative to continue participation in the ICH. If a written response acceptable to the Chair is not received within 30 calendar days, then the Chair may ask that a new representative be designated. Article V Officers The ICH shall elect from among its Members a Chair and Vice Chair. Each officer shall serve for a term of two (2) years commencing October 1 and ending September 30 of the second year. A. Selection of Officers Officers shall be nominated by the membership and elected to office by a majority vote of the Members present at a meeting in which a quorum has been established. B. Duties of Officers 1. The duties of the Chair shall include: a. Provide oversight, direction and leadership to the ICH. b. Conduct and facilitate ICH Meetings. c. Coordinate agenda setting with the Office of Homeless Services (OHS).        Packet Page. 359 7 d. Appoint Committee Chairs. 2. The duties of the Vice Chair shall include: a. Perform all of the Chair’s duties in the absence of the Chair, unless the Bylaws of the ICH provide otherwise. b. Perform other duties as requested. Note: In the absence of the Chair and the Vice-Chair a staff member of the Office of Homeless Services shall chair the meeting(s). Article VI Vacancies of Officers Should the office of Chair become vacant prior to the end of the present term, the Vice-Chair shall complete the term of office. The position of the Vice-Chair shall be filled by a special vote at the next regular ICH meeting. Article VII Meetings A. Regular Meetings Regular meetings of the ICH shall be held at least bi-monthly at a time and date determined by the Members, or as modified by a majority vote of the Members at any regular meeting where a quorum has been established. B. Special Meetings A special meeting may be called at any time by the Chair, or at the request of the majority of the Members, by delivering personally or by mail or electronically written notice of the date and purpose of the meeting to each Member 48 hours before the time specified in the notice. C. Governing Rules Meetings shall be conducted in accordance with the provisions of the Brown Act (Government Code, section 54950, et seq.) and under Robert’s Rules of Order. Each member will be provided with a copy of Roberts Rules of Order at installation. Article VIII Quorum        Packet Page. 360 8 8/28/19 One half of the Members in good standing, plus one, shall constitute a quorum for the transaction of business. The affirmative votes of at least a majority of the Members constituting a quorum at a duly scheduled meeting shall be required to take any action. A member in good standing is a Member of the ICH who has met membership and attendance requirements. Article IX Agenda The agenda for the regular meetings shall be prepared in consultation with the ICH Chair and distributed by OHS to each Member at least seven (7) calendar days prior to the meeting. The agenda should be accompanied by agenda support materials and shall be posted per the Brown Act requirements. Article X Agenda Deadline All matters to be considered for the agenda must be submitted to the OHS at least fourteen (14) calendar days prior to the meeting. Article XI Minutes Minutes shall be taken and distributed by the Office of Homeless Services, or designee. The Chair, and/or the Office of Homeless Services shall review and preliminarily approve the minutes prior to distribution. Minutes shall normally go out with the agenda for approval at the next meeting. Article XII Amendments These bylaws may be amended by a two-thirds vote of the Members present at a meeting in which a quorum has been established in compliance with Robert’s Rules of Order. _________________________________________________________________________________________________________________ CERTIFICATE OF OHS I certify that the above bylaws, consisting of eight (8) pages, including this page, are the bylaws of this body as amended by the Members. Date: By: Tom Hernandez - Office of Homeless Service        Packet Page. 361 9 APPENDIX A        Packet Page. 362 10 APPENDIX B        Packet Page. 363 UPDATED MAY 5, 2022 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTSBYLAWS        Packet Page. 364 Page 1 of 31      BYLAWS    THE SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS    Preamble    The Southern California Association of Governments (hereinafter referred to as either the  “Association” or “SCAG”) is an agency voluntarily established by its Members pursuant to the Joint  Exercise of Powers Act for the purpose of providing a forum for discussion, study and development  of recommendations on regional challenges and opportunities of mutual interest and concern  regarding the orderly physical development of the Southern California Region among units of local  government.    ARTICLE I ‐ FUNCTIONS    The functions of the Association are:    A. Exchange of objective planning information. Making available to Members plans and planning  studies, completed or proposed by local governments, Tribal Governments, or those of State or  Federal agencies, which would affect local governments.    B. Identification and study of challenges and opportunities requiring objective planning by  jurisdictions in more than one (1) county in the Southern California area and the making of  appropriate policy or action recommendations.    C. Review and/or develop governmental proposals. Review and/or develop proposals creating  agencies of regional scope, and the making of appropriate policy or action recommendations  concerning the need for such units or agencies.    D. Consider questions of common interest and concern to Members of the Association in the  region and develop policy and action recommendations of an advisory nature only.    E. Act upon any matter to the extent and in the manner required, permitted or authorized by any  joint powers agreements, State or Federal law, or the regulations adopted pursuant to any such  law.    F. Assist local Association Members in the acquisition of real and personal property convenient or  necessary for the operation of Members by entering into such financing agreements as are  necessary to accomplish the pooling and common marketing of such agreements or certificates  of participation in order to reduce the cost to Members of the acquisition of such real or personal  property.    G. Undertake transportation planning programs and activities in accordance with the Association’s  responsibilities as a metropolitan planning organization as outlined in 23 U.S.C.A. § 134 et seq.,  and as may be amended from time to time.           Packet Page. 365 Page 2 of 31      ARTICLE II – DEFINITIONS    A. Advisory Member or Advisory Member of the Association, as used in these Bylaws, means a  federally recognized Indian Nation within the SCAG Region, as defined below, that is  significantly involved in regional problems or whose boundaries include territory in more than  one county and that has paid its annual dues assessment.    B. Alternate, as used in these Bylaws, means either the mayor or a member of the legislative body  of a member city, or the chair of the Board of Supervisors or a member of the legislative body of a  member county who has been appointed by a Member of the Association to serve in an official  capacity for all matters at a meeting of the General Assembly but only in the absence of the  Official Representative of the member city or county. An Advisory Member of the Association  may also appoint an Alternate to serve in the absence of the Official Representative of the  Advisory Member.    C. Association, as used in these Bylaws, means the Southern California Association of  Governments as established by that certain Southern California Association of Governments  Agreement filed with the California Secretary of State on April 20, 1973, (said Agreement is  hereinafter referred to as “Joint Powers Agreement”).    D. Association budget or annual budget or budget, as used in these Bylaws, shall mean the  summation and presentation of all general fund revenues obtained by the Association from dues  from Members, Advisory Members, and Regional Council members, and other sources of  revenue and a summation and presentation of the costs, expenditures, savings and reserve  accounts utilizing such revenue but specifically excluding all funds and expenditures associated  with specific federal or state funding programs such as the Association’s annual Overall Work  Program.    E. Days or days, as used in these Bylaws, means calendar days.    F. General Assembly, as used in these Bylaws, means a meeting of the Official Representatives of  the Members and the Advisory Members of the Association.    G. Member, member or Member of the Association, as used in these Bylaws, means a city, county  or County Transportation Commission within the SCAG Region, as defined below, that has  satisfied the conditions of membership in Article III below.    H. Official Representative, as used in these Bylaws, means (1) the mayor or a member of the  legislative body of a member city, or (2) the chair of the Board of Supervisors or a member of  the Board of Supervisors of a member county, or (3) the chair or a member of the governing  board of a member County Transportation Commission (CTC) within the SCAG Region who has  been appointed by a Member of the Association to serve in an official capacity at a meeting of  the General Assembly. Official Representatives may also be referred to as “Delegates” of the  Association. An Advisory Member of the Association may also appoint an Official Representative  to serve in an official capacity at a meeting of the General Assembly.         Packet Page. 366 Page 3 of 31        I. Regional Council Policy Manual, as used in these Bylaws, means that Policy Manual first  adopted by the Regional Council on July 12, 2007, and all subsequent amendments and  updates approved by the Regional Council. In the event of a conflict between any part of the  Regional council Policy Manual and any part of these Bylaws, these Bylaws shall prevail.    J. Regional Council member, as used in these Bylaws, means a Member of the Association or an  Advisory Member of the Association or another entity specified in these as used in these Bylaws,  means a Member of the Association or an Advisory Member of the Association or another entity  specified in these Bylaws which is able to appoint a voting representative to serve on the  Regional Council or whose city council members may participate in the selection of a District  representative to serve on the  Regional Council,    K. SCAG Region, as used in these Bylaws, means the counties of Imperial, Los Angeles, Orange,  Riverside, San Bernardino, and Ventura.    L. Voting‐Eligible or voting‐eligible, as used in these Bylaws, describes those Members of the  Association, Advisory Members of the Association and Regional Council members who retain  all voting rights and who have not had their voting rights suspended as described in Article VIII,  Paragraph C.    ARTICLE III – ASSOCIATION MEMBERSHIP AND REPRESENTATION   FOR THE GENERAL ASSEMBLY    A. Membership    (1) All cities and all counties within the area of the SCAG Region are eligible for membership  in the Association. In addition, each CTC from the SCAG Region is also eligible for  membership in the Association.    (2) Each member county and each member city shall have one (1) Official Representative  and one (1) Alternate in the General Assembly, except that the City of Los Angeles, if  and while it is a member city, shall have three (3) Official Representatives and three (3)  Alternates. Each member CTC shall have one (1) Official Representative in the General  Assembly.    (3) Membership in the Association shall be contingent upon the execution of the Joint  Powers Agreement and the payment by each member county, member city, or  member CTC of each annual dues assessment.    (4) Any federally recognized Indian Nation within the SCAG Region which is significantly  involved in regional problems or the boundaries of which include territory in more than  one (1) county, shall be eligible for an Advisory Membership in the Association. In  addition to selecting Official Representatives and Alternates for the General Assembly,  such Advisory Members may collectively select a single representative from the Tribal         Packet Page. 367 Page 4 of 31      Government Regional Planning Board, who shall be a locally elected Tribal Council  member from a federally recognized Indian Nation and who shall serve on the Regional  Council and may fully participate in the work of committees of the Association  contingent upon the payment of the annual dues assessment.    B. Representation in the General Assembly    (1) Only the Official Representative present or the Alternate present in the absence of the  Official Representative shall represent a Member of the Association or an Advisory  Member of the Association in the General Assembly; provided, however, that a member  of the Board of Supervisors of a member county may participate in the discussions of  the General Assembly.     (2) Except as described herein, the Official Representative in the General Assembly of each  member city of the Association, member‐county of the Association and member CTC of  the Association shall be its respective Regional Council representative. Further, and  except as described herein, the Official Representative in the General Assembly of an  Advisory Member of the Association shall be its respective representative to the Regional  Council.    (3) In the event that a member city of the Association does not have one of its city council  members as its respective Regional Council representative, or if a member city does not  wish to have its Regional Council representative be its Official Representative or  Alternate, the member city may appoint as its Official Representative or Alternate a  member of its city council who is not a Regional Council representative; provided that if  and while the City of Los Angeles is a member city, the mayor of the City of Los Angeles  shall be one of its Official Representatives. Further, in the event that an Advisory  Member of the Association does not have one of its Tribal Council members as its  representative to the Regional Council or if the Advisory Member does not wish to have  its representative to the Regional Council be its Official Representative or Alternate, the  Advisory Member may appoint a locally elected Tribal Council member as its Official  Representative or Alternate.    (4) In the event that a member county of the Association does not wish to have its  respective Regional Council representative be its Official Representative or Alternate,  the member county may appoint as its Official Representative or Alternate a member of  the Board of Supervisors who is not a Regional Council representative.    (5) In the event that a member CTC of the Association does not wish to have its respective  Regional Council representative be its Official Representative, the member CTC may  appoint as its Official Representative a member of the CTC Governing Board who is not  a Regional Council representative.    (6) Names of all Official Representatives and Alternates shall be communicated in writing to   the Association by the appointing city, county, CTC, or Tribal Council at least thirty (30)         Packet Page. 368 Page 5 of 31      days before the annual meeting of the General Assembly. However, the SCAG President  or the SCAG Executive Director may waive this deadline, upon the request of an  appointing city, county, CTC or Tribal Council, as long as the name or names are  communicated in writing to the Association before the opening of the General  Assembly.    (7) An Official Representative or Alternate shall serve until a successor is appointed, except  if an Official Representative or Alternate ceases to be a member of the appointing  legislative body or Tribal Council or cannot serve as an Official Representative or  Alternate because of a federal or state statute or regulation or resigns as an Official  Representative or Alternate, then the position shall be vacant until a successor is  appointed.    (8) All Official Representatives and Alternates shall file Statement of Economic Interest  forms and comply with all SCAG policies regarding conflict‐of‐interest, harassment and  discrimination.     ARTICLE IV – GENERAL ASSEMBLY    A. Powers and Functions    Subject to Article I, the powers of the General Assembly, shall include the following.    (1) The General Assembly shall determine all policy matters for the Association, approve  they Bylaws and ratify the election of Officers.      (2) Any Official Representative (or Alternate acting in the absence of the respective Official  Representative) may, at any regular meeting of the General Assembly, propose a  subject(s) for study by the Association provided that the Official Representative (but not  the Alternate) has notified the President of the proposal forty‐five (45) days in advance  of any regular meeting of the General Assembly. The General Assembly may determine  whether a study will be made of the subject(s) proposed, or may refer such subject(s)  to the Regional Council.    (3) Any Official Representative (or Alternate acting in the absence of the respective Official  Representative) may, at any regular meeting of the General Assembly, request a review  by the General Assembly of any action of the Regional Council which has been taken  between meetings of the General Assembly provided that the Official Representative  (but not the Alternate) has notified the President of the review request forty‐five (45)  days in advance of any regular meeting of the General Assembly    (4) The General Assembly shall review the proposed Association budget and annual dues  assessment schedule and shall adopt an annual Association budget and an annual dues  assessment schedule.    (5) Any Official Representative (but not an Alternate) who desires to propose any policy         Packet Page. 369 Page 6 of 31      matter for action by the General Assembly shall submit the matter to the Association in  the form of a proposed resolution by a deadline established by the Association, that is  subject to waiver by the SCAG President or Executive Director but which in all cases must  be at least forty‐five (45) days prior to any regular meeting of the General Assembly.  The Bylaws and Resolutions Committee, whose membership and responsibilities are  described in Article XI of these Bylaws, shall consider each such proposed resolution,  and shall submit its recommendation to the Regional Council. A copy of each such  proposed resolution whose approval is recommended by the Regional Council shall be  included in the agenda materials for the regular meeting of the General Assembly.    B. Meetings    (1) A regular meeting of the General Assembly shall be held once a year. Special meetings  of the General Assembly may be called by the Regional Council upon the request of the  President and with the affirmative votes of a majority of the representatives of voting‐ eligible Regional Council members who are present and voting at a meeting of the  Regional Council with a quorum in attendance. Ten (10) days’ written notice of a special  meeting shall be given to the Official Representatives and Alternates of each Member  and Advisory Member of the Association. An agenda specifying the subject of the special  meeting shall accompany the notice.     (2) The time, date and location for meetings of the General Assembly shall be determined  by the Regional Council.     (3) Notice of the regular meeting of the General Assembly shall be given to the Official  Representatives and Alternates of each Member and Advisory Member of the  Association at least twenty‐one (21) days prior to each regular meeting. An agenda for  the regular meeting shall accompany the notice. Notice of any changes to the agenda  shall be given at least ten (10) days prior to the regular meeting.    (4) The General Assembly may adopt rules for its own procedures but any such rules so  adopted must be consistent with these Bylaws.    C. Voting    (1) A quorum of the General Assembly shall consist of one‐third of the number of Official  Representative positions for voting‐eligible Members of the Association or Advisory  Members of the Association. Unfilled Official Representative positions from Voting‐  eligible Members and Advisory Members of the Association will be counted in the  determination of a quorum for the General Assembly.    (2) Each Official Representative of a voting‐eligible Member or Advisory Member of the  Association shall have one (1) vote. In the absence of the Official Representative, the  Alternate shall be entitled to vote. Unless otherwise identified in these Bylaws, an  affirmative vote of a majority of the Official Representatives or Alternates of the voting‐        Packet Page. 370 Page 7 of 31      eligible Members and Advisory Members of the Association present at the General  Assembly and voting with a quorum in attendance shall be necessary for the approval  or adoption of any matter presented for action to the General Assembly.    (3) Voting may be by voice, displaying voting cards, roll call vote or through the use of an  electronic voting system. A roll call vote shall be conducted upon the demand of five (5)  Official Representatives or their Alternates present, or at the discretion of the presiding  officer.     ARTICLE V – REGIONAL COUNCIL    A. Regional Council Organization: There shall be a Regional Council of the Association which shall  be organized as set forth below and which shall be responsible for such functions as are  hereinafter set forth:    (1) Membership: The membership of the Regional Council shall be comprised of: one (1)  representative from each member county Board of Supervisors, except for the County of  Los Angeles which shall have two (2) representatives; one (1) representative from the  Tribal Government Regional Planning Board, who shall be a locally elected Tribal Council  member from a federally recognized Indian Nation within the SCAG Region; one (1)  representative from each District (as defined below); the Mayor of the City of Los  Angeles serving as an at‐large representative for the City; one (1) city council member  or member of a county Board of Supervisors, from the governing boards of each of the  six (6) CTCs; one (1) local government elected representative from one of the five (5) Air  Districts within the SCAG Region to represent all five (5) of the Air Districts; one (1) local  government elected representative from the Transportation Corridor Agencies (TCA);  one (1) local government elected representative serving as the Public Transportation  Representative to represent the transit interests of all of the operators in the SCAG  region; and a representative from the private sector appointed by the President to serve  on both the Regional Council and the Executive/Administration Committee and who  would serve on the Regional Council in an ex‐officio, non‐voting capacity.    (a) Districts: For purposes of representation on the Regional Council, Districts shall  be organized and defined as follows:    (1) A District shall be established by the Regional Council and generally shall  be comprised of a group of cities that have a geographic community of  interest and have approximately equal population. In some cases  involving cities with large populations, a District will include only one  city. A District may be comprised of cities within different counties, but  Districts established within a subregion under Article V A (1)(a)(5) of  these Bylaws shall include only cities within the boundary of such  subregion. Procedures for District representative elections and  appointments shall be set forth under the Regional Council Policy  Manual.         Packet Page. 371 Page 8 of 31        (2) In every calendar year ending in 3 or 8, the Regional Council shall review,  and, if it deems necessary, modify or establish District boundaries based  upon city population data as most recently available from the State  Department of Finance.    (3) Notwithstanding any other provisions of these Bylaws, in the event that  District boundaries are changed as a result of a Regional Council review,  then any impacted District shall have the option to retain its current  District representative until the completion of the District  representative’s term or until a special election is held, no later than two  (2) months after final action by the Regional Council, to elect a District  representative who shall serve for a term established by the Regional  Council. Such special elections shall be held in accordance with the  District representative election procedures described in the Regional  Council Policy Manual.    (4) If a new city within the SCAG Region is incorporated after Districts have  been established or reviewed, the newly incorporated city shall be  assigned by the Regional Council, in consultation with any applicable  subregional organization, to a District with other cities with which it has  contiguous borders until such time as District boundaries are again  reviewed by the Regional Council.    (5) In any area where a subregional organization has either (1) been  formally established under a joint powers agreement pursuant to  California Government Code Sections 6500 et. seq. to serve as the  subregional planning agency for the general purpose local governments  and is not a single‐purpose joint powers authority or a special district  entity, or (2) been recognized by action of the Regional Council; and is  organized for general planning purposes such as for the purpose of  conducting studies and projects designed to improve and coordinate the  common governmental responsibilities and services on an area‐wide and  regional basis, exploring areas of intergovernmental cooperation and  coordination of governmental programs and providing  recommendations and solutions to problems of common and general  concern, such subregional organization shall make recommendations to  establish a District (or Districts) within the boundaries of such  subregional area. For purposes of establishing Districts, the subregional  organization shall use the description of a District as set forth in Article  V A,(1)(a)(1) of these Bylaws. The subregional organization shall have  authority to make recommendations to the Regional Council to  establish or modify Districts in every year ending in 3 or 8 and shall use  city populations as most recently determined by the State Department  of Finance.         Packet Page. 372 Page 9 of 31      (6) The Regional Council shall establish no more than seventy (70) Districts.     (b) Regional Council Representation    (1) Every member city of the Association shall have at least one District  representative.    (2) CTC, TCA and the Tribal Government Regional Planning Board  representatives to the Regional Council shall be appointed by their  respective governing boards, and the appointments shall be formally  communicated in writing to the Association. The Air District  representative shall be determined by the five (5) Air Districts within the  SCAG Region, with such determination formally communicated in  writing to the Association.    (3) The position of the Public Transportation Representative will rotate  among the six CTCs in the SCAG Region, and each CTC in turn will make a  two‐year appointment subject to the President’s official appointment.  The Chief Executive Officers of the CTCs may develop additional  procedures for the selection process. A representative from the Los  Angeles County Metropolitan Transportation Authority shall serve as  the initial Public Transportation Representative on the Regional Council.    (2) Terms of Office:    (a) Membership on the Regional Council by District representatives shall be for two  (2) years except for those District representatives elected through special  elections or appointments as described below and in Article V A. above. Terms  of District representatives shall commence on the adjournment of the annual  meeting of the General Assembly and expire at the conclusion of the second  regular meeting of the General Assembly occurring after their terms commence.  If a District representative resigns from his or her position as the District  representative or officially ceases to be a locally elected official, his or her District  representative position shall be declared vacant by the President on the  effective date of the resignation or the end of the elected official’s locally  elected position. Moreover, the President shall immediately declare vacant the  position of a District representative if required by federal or state statutes or  regulations, or in response to a no confidence vote by a District undertaken in  accordance with the Regional Council Policy Manual or because of a failure to  follow the election or appointment policies contained in the Regional Council  Policy Manual. A no confidence vote shall only be undertaken in response to a  resolution passed by all cities in the District that are voting eligible Members of  the Association. All such vacancies shall be filled through special elections or  new appointments as set forth in the Regional Council Policy Manual. In the case  of District representatives elected pursuant to special elections or newly         Packet Page. 373 Page 10 of 31      appointed to fill vacancies, the term shall be for such time as will fill out the  remainder of the vacated term.    (b) The terms of District representatives who represent even‐numbered Districts  shall be two (2) years and shall expire in even‐numbered years. Terms of District  representatives who represent odd‐numbered Districts shall be two (2) years  and shall expire in odd‐numbered years.    (c) Representatives to the Regional Council from the counties that are Members of  the Association and from the CTCs, the Tribal Government Regional Planning  Board, Air Districts, TCA, and the Public Transportation Representative shall  have two (2) year terms, commencing on the date of appointment by the  organizations they each representative and expiring two (2) years thereafter. If  a representative described in this Article V A. (2)(c) ceases to be a locally elected  official, or if so required by federal or state statutes or regulations, or if his or  her appointment is rescinded by the appointing legislative body, his or her  position on the Regional Council shall immediately be declared vacant by the  President. Such a vacancy on the Regional Council shall be filled by action of the  respective county, CTC, the Tribal Government Regional Planning Board, TCA,  the five Air Districts in the SCAG Region in the case of the Air District  representative, and the CTCs in the SCAG Region with respect to the Public  Transportation Representative.    (3) Meetings: Unless the Regional Council decides otherwise, it shall generally meet at least  once a month. The date, time and location of the Regional Council meetings shall be  recommended by the Executive Director and ratified by the Regional Council. Meetings  shall be held upon the call of the President or upon the call of a majority of the members  of the Regional Council. The Regional Council may adopt any other meeting procedures  as part of the Regional Council Policy Manual.     (4) Duties    (a) Subject to the policy established by the General Assembly, the Regional Council  shall conduct the affairs of the Association, approve the Overall Work Plan (OWP)  Budget required by state and federal agencies and any other similar budgets  required by funding agencies, and approve the Regional Council Policy Manual and  any amendments thereto. The Executive Director or his designee shall have the  authority to make administrative modifications to the Regional Council Policy  Manual to reflect past Regional Council actions without the Regional Council’s  approval of a formal amendment to the Regional Council Policy Manual.    (b) The Regional Council shall review and may amend the proposed annual budget as  prepared by the Executive Director. The proposed budget and the assessment  schedule, as approved by Regional Council, shall be submitted to the members of  the General Assembly at least thirty (30) days before the annual meeting. After  the adoption of the annual budget assessment schedule by the General Assembly,         Packet Page. 374 Page 11 of 31      the Regional Council shall control all Association expenditures in accordance with  such budget.      (1) The Regional Council shall have the power to transfer funds within the  total budget amount in order to meet unanticipated needs or changed  situations. Such action shall be reported to the General Assembly at its  next regular meeting.    (2) At each annual meeting of the General Assembly, the Regional Council shall  report on all budget and financial transactions since the previous annual  meeting.    (c) The Regional Council shall submit a report of its activities at each regular  meeting of the General Assembly.    (d) The Regional Council shall have the authority to appoint, ratify the annual Work  Plan of, approve the Employment Agreement of (including all compensation and  benefits) and remove an Executive Director of the Association, and shall also have  the authority to fix the salary classification levels for employees of the Association.    (e) The Regional Council shall have the power to establish committees or  subcommittees to study specific problems, programs, and other matters which the  Regional Council or General Assembly have approved for study. The SCAG President  shall appoint all members and all chairs of committees and subcommittees that  are established to study such specific problems or programs. At the discretion of  the SCAG President, the chair of a Policy Committee may appoint the membership  and chair of a subcommittee of said Policy Committee.    (f) Recommendations from committees for policy decisions shall be made to the  Regional Council. The Regional Council shall have the authority to act upon  policy recommendations including policy recommendations from the  committees, or it may submit such recommendations, together with its  comments, to the General Assembly for action.    (g) The Regional Council shall be responsible for carrying out policy decisions made  by the General Assembly.    (h) Representatives of Regional Council members serving on the Regional Council  may make informational inquiries of the Executive Director or Association  executive staff consistent with the official Association duties of such  representatives; however, such representatives shall refrain from any actions or  contacts within the Association that would interfere with the powers and duties  of the Executive Director.    (i) All representatives of Regional Council members serving on the Regional Council  shall file Statement of Economic Interest forms and comply with the all SCAG         Packet Page. 375 Page 12 of 31      policies regarding conflict‐of‐interest, harassment, discrimination and other  matters as described in the Regional Council Policy Manual.    (5) Voting: In the Regional Council voting shall be conducted in the following manner:    (a) Only representatives of the voting‐eligible Regional Council members shall have  the right to vote at meetings of the Regional Council. Proxy votes are not allowed  and representatives must be present at a Regional Council meeting in order to  cast a vote.      (b) One‐third (1/3) of the total number of representative positions from voting‐ eligible  Regional Council members shall constitute a quorum of the Regional Council. The  unfilled representative positions of voting‐eligible Regional Council members shall  be counted in the determination of a quorum.    (c) The affirmative votes of a majority of the representatives of voting‐eligible Regional  Council members voting with a quorum in attendance are required for action by the  Regional Council, except as set forth in subsection (d) below.    (d) In order to appoint or remove the Executive Director, the affirmative vote of not  less than a majority of the total number of representative positions, including  unfilled representative positions, of the voting‐eligible Regional Council members is  required.     (e) Each representative from a CTC, the Tribal Government Regional Planning Board,  the Air Districts and TCA as well as the Public Transportation Representative shall  have the right to vote in the same manner as other representatives of voting‐eligible  Members of the Association serving on the Regional Council.     (f) Representatives of voting‐eligible Regional Council members serving on the  Regional Council are free to abstain from voting on any issue before the Regional  Council. Any abstention does not count as a vote in favor or against a motion.     (g) Due to the inability of Regional Council members to review main motions other  than those presented as a “recommended action” in a meeting’s agenda  material prior to a Regional Council meeting, the President shall not proceed  with a vote on a main motion that differs from the “recommended action” in a  meeting’s agenda material until the Clerk or counsel has re‐stated such a motion  and an opportunity has been provided to Regional Council members to permit  them to deliberate and debate such a motion.    (6) Expenses: Representatives of Regional Council members who serve on the Regional  Council shall serve with compensation and shall be reimbursed for the actual necessary  expenses incurred by them in the performance of their duties for the Association, to the  extent that such compensation and reimbursement are not otherwise provided to them  by another public agency, a Tribal Government or the Tribal Government Regional         Packet Page. 376 Page 13 of 31      Planning Board. The Regional Council shall determine the amount of such compensation  and set forth other procedures for expenses in the Regional Council Policy Manual.    B. Permanent Committees: For the purpose of developing policy recommendations to the  Regional Council, the Regional Council shall establish as permanent committees the  “Executive/Administration Committee,” the “Legislative/Communications and Membership  Committee” and the three (3) policy committees known as the “Transportation Committee,” the  “Energy and Environment Committee,” and the “Community, Economic and Human  Development Committee” (the latter three committees collectively referred to herein as the  “Policy Committees”.) In addition, the “Emerging Technologies Committee” is established by  the Regional Council to research and identify new and emerging technologies that may play a  role in transportation planning.    C. Executive/Administration Committee    (1) Membership: The membership of the Executive/Administration Committee (EAC) shall  include the President, First Vice‐ President, Second Vice‐President and Immediate Past‐ President and the President shall serve as the Chair. The EAC shall also include the  respective Chairs and Vice Chairs of the Legislative/Communications and Membership  Committee and the three (3) Policy Committees, the representative from the Tribal  Government Regional Planning Board serving on the Regional Council, and an additional  four (4) representatives of Regional Council members who are appointed by the  President. In making the appointments, the President shall ensure that the six (6)  counties within the SCAG Region have representatives on the EAC. In addition, the  representative from the private sector appointed by the President to serve on the  Regional Council in an ex‐officio, non‐voting capacity shall also serve on the EAC in an  ex‐officio, non‐voting capacity. Appointments by the President to a position on the EAC  shall be for approximate one (1) year terms, and such appointments shall expire upon  the adjournment of the next regular meeting of the General Assembly.    (2) Meetings: The EAC shall generally meet at least once a month and in accordance with the  Regional Council Policy Manual, except that the EAC may decide not to meet upon the call  of the EAC chair after consultation with the Executive Director or his designee.    (3) Duties:    (a) Subject to any limitations that may be established by the General Assembly  and/or the Regional Council, the EAC is authorized to make decisions and take  actions that are binding upon the Association if the President or the Executive  Director determine that such decisions or actions are necessary prior to the next  regular meeting of the Regional Council.     (b) Subject to the policies of the Regional Council, the EAC shall be responsible for:  (1) developing policy recommendations to the Regional Council on  administration, human resources, budgets, finance, operations,         Packet Page. 377 Page 14 of 31      communications, or any other matter specifically referred by the Regional  Council; and (2) negotiating and approving an Annual Work Plan with the  Executive Director, which shall be subject to ratification by the Regional Council.  The Executive Director’s Annual Work Plan shall be effective the first day of July  of the calendar year. The EAC shall be responsible for performing the annual  evaluation of the Executive Director’s performance and for making  recommendations to the Regional Council regarding the Employment  Agreement of the Executive Director. The EAC shall complete its annual  evaluation of the Executive Director’s performance no later than the regularly  scheduled June meeting of the Regional Council.    (c) The powers and duties of the EAC shall include such other duties as the Regional  Council may delegate.    (4) Voting: A quorum shall be one‐third (1/3) of the representatives of the voting‐eligible  Regional Council members who are appointed and serving on the EAC. There shall be  no  proxy votes and representatives must be present to vote. The affirmative vote of the  majority of the representatives of the voting‐eligible Regional Council members who  are appointed and serving on the EAC and voting with a quorum in attendance is  required for an action by the EAC except that an affirmative vote of a majority of all of  the representatives of the voting‐eligible Regional Council members serving on the EAC  when the EAC acting on behalf of the Regional Council is required to make decisions or  take actions that are binding upon the Association with regard to the annual budget;  the hiring, removal, compensation and benefits of the Executive Director; and the salary  classification levels for employees of the Association.    D. Legislative/Communications and Membership Committee    (1) Membership: Representatives of voting‐eligible Regional Council members serving on  the Regional Council may serve on the Legislative/Communications and Membership  Committee (LCMC). Appointments to the LCMC shall be made by the President for  approximate one (1) year terms that expire at the adjournment of the next regular  meeting of the General Assembly. The President shall appoint the chair and vice chair of  the LCMC. All representatives appointed to the LCMC by the President shall have full  voting rights.    (2) Meetings: The LCMC shall generally meet once a month and in accordance with the  Regional Council Policy Manual, except that the LCMC may decide not to meet upon the  call of the LCMC chair after consultation with the Executive Director or his designee.    (3) Duties:    (a) The Legislative, Communications and Membership Committee shall be  responsible for developing recommendations to the Regional Council regarding  legislative and telecommunications matters; providing policy direction for the         Packet Page. 378 Page 15 of 31      agency’s marketing communications strategy, outreach issues/materials and  electronic communications systems; reviewing sponsorship opportunities  whose cost will exceed $5,000; and promoting agency membership.    (b) The duties of the LCMC shall include other such duties as the Regional Council  may delegate.    (4) Quorum and Voting: A quorum of the LCMC shall be one‐third (1/3) of the  representatives of voting‐eligible Regional Council members serving on the LCMC. There  shall be no proxy votes and representatives must be present to vote. The affirmative  vote of a majority of the voting‐eligible Regional Council members serving on the LCMC  and voting with a quorum in attendance is required for an action by the LCMC.    E. Policy Committees    (1) Membership:    (a) The Policy Committees may include as voting committee members the  following: representatives of voting‐eligible Regional Council members serving  on the Regional Council; one (1) representative from the California Department  of Transportation; local government elected representatives from each of the  general purpose subregional organizations as established under Article  V(A)(1)(a)(5) of these Bylaws; and one (1) representative who is a general  purpose local elected official and duly appointed board member from an agency  with which the Association has a statutory or Memorandum of Understanding  relationship.    (b) The Policy Committees may include ex‐officio (non‐voting) committee members  who shall be representatives from regional and subregional single purpose  public agencies and other voting and ex‐offico (non‐voting) committee members  as approved by the Regional Council.    (c) Representatives of the CTCs, the Tribal Government Regional Planning Board,  TCA and the Air Districts serving on the Regional Council as well as the Public  Transportation Representative on the Regional Council may be appointed as  voting committee members of one of the Policy Committees.    (d) All committee members (voting and ex‐officio) of SCAG’s Policy Committees  shall be required to file Statement of Economic Interests forms and comply with  all SCAG policies regarding conflict‐of‐interest, harassment, discrimination and  other matters as described in the Regional Council Policy Manual.    (2) Appointments to Policy Committee:      (a) The President shall appoint all interested and available representatives of         Packet Page. 379 Page 16 of 31      voting‐eligible Regional Council members who serve on the Regional Council to  one (1) of the Policy Committees as voting committee members for  approximate two (2) year terms that will expire at the adjournment of the  second regular meeting of the General Assembly following the appointment. In  making such appointments, the President shall, to the extent practicable,  appoint an equal number of voting committee members to each Policy  Committee taking into consideration regional representation, geographical  balance, diversity of views and other factors deemed appropriate by the  President.    (b) The President may appoint to one (1) of the Policy Committees as voting  committee members representatives of public agencies that have a statutory or  Memorandum of Understanding relationship with SCAG. The representatives  shall be appointed for approximate two (2) year terms that will expire at the  adjournment of the second regular meeting of the General Assembly following  each appointment. All such appointments will be in response to a written  request from each of the governing boards of the agencies. Appointments shall  be limited to one (1) representative from each public agency. In making such  appointments, the President shall consider regional representation.    (c) The President shall appoint ex‐officio (non‐voting) committee members to the  Policy Committees representing the business sector, labor, higher education  and community groups upon the recommendation of one of the respective  Policy Committees and approval by the Regional Council. The term of each such  ex‐officio committee member shall expire at the adjournment of the next regular  meeting of the General Assembly, however, each such ex‐officio committee  member may be re‐appointed by a future SCAG President.    (d) The President may appoint to one (1) Policy Committee as a voting committee  member one (1) elected representative from each of the subregional  organizations described in Article V E.(1)(a) of these Bylaws. Each such  appointment shall be for an approximate two (2) year term that shall expire at  the adjournment of the second regular meeting of the General Assembly  following the appointment.    (e) The President may appoint to the Policy Committees as voting committee  members additional local government elected representatives from each of the  subregional organizations identified in Article V E.(1)(a) of these Bylaws that has  at least four (4) Districts. One (1) additional local government elected  representative for each District in excess of three (3) Districts may be appointed  by the President. The governing boards of each of the subregional organizations  shall nominate the additional representatives to be considered by the President  for appointment. In making the appointments, the President shall consider,  among other things, regional representation. Each such appointment shall be  for an approximate two (2) year term that shall expire at the adjournment of  the second regular meeting of the General Assembly following the appointment.          Packet Page. 380 Page 17 of 31        (f) In addition to the appointment of the representative of the Tribal Government  Regional Planning Board, the President may also appoint, with the consent of  the Tribal Government Regional Planning Board, additional representatives to  each Policy Committee such that the Tribal Government Regional Planning  Board may have two (2) voting committee members on each Policy Committee.  Such representative shall be locally elected Tribal Council members from the  federally recognized Indian Nations within the SCAG Region. Each of these  additional appointments shall be for approximate two (2) year terms that shall  expire at the adjournment of the second regular meeting of the General  Assembly following the appointments.    (g) In order to facilitate participation by member cities of the Association, the  President may make at‐large appointments of local elected officials from cities  that are not otherwise represented on a Policy Committee; provided, however,  that the President shall only make such at‐large appointments in response to  written requests from such cities and may make no more than six at‐large  appointments for each Policy Committee. The term of an at‐large representative  on a Policy Committee shall be limited to the remainder of the term of the  President except that the local elected official may continue to serve on the  Policy Committee if its respective city council approve his or her re‐appointment  and the next SCAG President authorizes the re‐appointment. Local elected  officials serving in an at‐large capacity on a Policy Committee shall be voting  committee members.    (h) To implement and advance the Association’s commitment to justice, equity,  diversity and inclusion, and to increase the representation of people of color  and low‐income communities in regional policy conversations, the seven (7)  County representatives (i.e., Supervisors) to the Regional Council may each  appoint one (1) local elected official, from a voting‐eligible Member of the  Association that has a Community of Concern (as defined below) located within  the Member’s boundaries, to serve on a Policy Committee.  A County  representative to the Regional Council making such an appointment shall notify  SCAG staff of the appointment in writing.  Within ten (10) business days of a  County representative’s notice making such an appointment, the President shall  place the appointed local elected official on one of the Policy Committees.  A  local elected official appointed pursuant to this provision shall serve for a term  of approximately two (2) years, commencing on the date the local elected  official is placed on a Policy Committee by the President and expiring at the  adjournment of the second regular meeting of the General Assembly following  date the person is placed on the Policy Committee.  Appointments to Policy  Committees pursuant to this provision shall be limited to one (1) representative  from each County except that Los Angeles County shall be permitted to have  two representatives (one for each County representative to the Regional  Council).  As used in this Article V.E(2)(h), the term “Community of Concern”  shall have the meaning given in SCAG’s most recently adopted Regional         Packet Page. 381 Page 18 of 31      Transportation Plan/Sustainable Communities Strategy.    (3) Meetings: The Policy Committees shall generally meet at least once a month and in  accordance with the Regional Council Policy Manual, except that the Policy Committees  may decide not to meet upon the call of the respective Policy Committee Chair after  consultation with the Executive Director or his designee.    (4) Quorum and Voting: A quorum of a Policy Committee shall be one‐third of the voting  committee members. There shall be no proxy votes and representatives must be  present to vote. The affirmative vote of the majority of the voting committee members  of a Policy Committee voting with a quorum in attendance is required for an action by  a Policy Committee.    (5) Duties of the Transportation Committee (TC): The Transportation Committee shall  study and provide policy recommendations to the Regional Council relative to  challenges and opportunities, programs and other matters, which pertain to the  regional issues of mobility and accessibility, including, but not limited to all modes of  surface transportation, transportation system preservation and system management,  regional aviation, regional goods movement, transportation finance as well as  transportation control measures.    (6) Duties of the Energy and Environment Committee (EEC): The Energy and Environment  Committee shall study and provide policy recommendations to the Regional Council  relative to challenges and opportunities, programs and other matters, which pertain to  the regional issues of energy and the environment. EEC shall also be responsible for  reviewing and providing policy recommendations to the Regional Council on matters  pertaining to environmental compliance.     (7) Duties of the Community, Economic and Human Development Committee (CEHD): The  Community, Economic and Human Development Committee shall study and provide policy  recommendations to the Regional Council relative to challenges and opportunities,  programs and other matters which pertain to the regional issues of community, economic  and human development, housing and growth. CEHD shall also receive information regarding  projects, plans and programs of regional significance for determinations of consistency and  conformity with applicable regional plans.    F. Joint Policy Committee Meetings: The duties of the Policy Committees are specified in  subsections (5), (6) and (7) above. To the extent that there are matters which are within the  scope of review of more than one Policy Committee, the respective Policy Committees shall meet  as a Joint Committee to consider the matters and provide unified policy recommendations to  the Regional Council, if applicable. At the discretion of the President, the President or the chair  of one of the Policy Committees shall preside over a Joint Policy Committee meeting. A quorum  of a Joint Policy Committee meeting shall be one‐third of the combined voting membership of  the Policy Committees. There shall be no proxy votes and a voting member must be present to  vote. The affirmative vote of a majority of the combined voting members of the Policy  Committees voting with a quorum of the Joint Policy Committee in attendance is required for an         Packet Page. 382 Page 19 of 31      action by the Joint Policy Committee.    G. Other Committees: Except as may be limited or restricted elsewhere is these Bylaws, the  President is authorized to appoint representatives of Regional Council members serving on the  Regional Council to SCAG committees, ad hoc committees, subcommittees, or task forces to  study specific problems, programs, or other matters which the Regional Council or General  Assembly have approved for study and also to appoint new members or re‐appoint prior  members to any SCAG committee, ad hoc committee, subcommittee or task force. The President  is also authorized to appoint representatives of Regional Council members serving on the  Regional Council to governing boards of other agencies, districts, commissions, and authorities  as representatives of the Association. If no such representatives are available for such  appointment, the President may appoint an elected official not on the Regional Council to  represent the Association. Elected officials appointed to represent the Association who are not  then serving on the Regional Council shall serve as ex‐officio representatives to the Regional  Council without the right to vote. Terms of appointment of representatives serving on the  Regional Council and other elected officials to governing boards of other agencies, districts,  commissions, and authorities shall be consistent with the term of office of the appointing  President.    H. Emerging Technologies Committee: Serving as a permanent advisory committee to the  Regional Council and the Policy Committees, the Emerging Technologies Committee (ETC) will  research and identity new and emerging technologies that may play a role in all beneficial areas  throughout the region, including transportation planning and improving the region’s  transportation system. Members serving on the Regional Council and Policy Committees may  serve on the ETC. In addition, ex‐officio, non‐voting members to the ETC may be appointed by  the President. Appointments to the ETC shall be made by the President for approximate one (1)  year terms that expire at the adjournment of the next regular meeting of the General  Assembly. The President shall appoint the chair and vice chair of the ETC. All representatives  appointed to the ETC by the President shall have full voting rights.     (1) Meetings: The ETC shall meet as frequently as needed upon the call of the ETC chair  after consultation with the Executive Director or his designee.    (2) Quorum and Voting: A quorum of the ETC shall be one‐third (1/3) of the members  serving on the ETC. There shall be no proxy votes and representatives must be present  to vote. The affirmative vote of a majority of the voting‐eligible members serving on the  ETC and voting with a quorum in attendance is required for an action by the ETC.    ARTICLE VI – OFFICERS, DUTIES, ELECTIONS AND VACANCIES    A. Officer Positions: Officers of the Association shall consist of a President, a First Vice‐ President,  Second Vice‐President, Immediate Past President and a Secretary‐Treasurer. The Association’s  President, First Vice‐President, and Second Vice‐President shall be elected annually by the  Regional Council, prior to the annual regular meeting of the General Assembly, from among its  membership as set forth below. The Executive Director of the Association shall serve as the  Secretary‐Treasurer of the Association, but shall have no vote in the Association.         Packet Page. 383 Page 20 of 31        B. Nominating Committee and Candidate Replacements: Officers of the Association, except the  Secretary‐Treasurer, shall be elected from a recommended list of candidates, one for each  office, which shall be prepared by a Nominating Committee and submitted to the Regional  Council for review and action. The Nominating Committee shall be appointed by the President  and shall be composed of seven (7) representatives of Regional Council members who  collectively represent the six (6) counties within the SCAG Region, with at least one (1) member  being a county representative. All individuals serving on the Nominating Committee shall be  voting members. Individuals serving on the Nominating Committee shall serve from the date of  their appointment until the adjournment of the next regular meeting of the General Assembly.  The Immediate Past President shall serve as the chair of the Nominating Committee. The  Nominating Committee shall consider only those candidates that meet the minimum eligibility  requirements set forth below in Article VI C of these Bylaws and any other requirements that  may be established by the Regional Council. A quorum of the Nominating Committee shall be a  majority of its membership. Proxy voting is not allowed and members must be present to vote.  The affirmative votes of a majority of those Nominating Committee members voting with a  quorum in attendance shall be required for any action by the Nominating Committee.    In the event that prior to the annual meeting of the General Assembly, a candidate for President  or First Vice‐President who has been approved by the Nominating Committee or elected by the  Regional Council but not yet ratified by the General Assembly no longer satisfies the minimum  eligibility requirements of Article V C., the candidate for First Vice‐ President shall be deemed  the candidate for President and the candidate for Second Vice‐ President shall be deemed the  candidate for First Vice‐President, provided that the applicable candidates are agreeable to the  change.    In the event that prior to the annual General Assembly meeting, a candidate for Second Vice‐  President who has been approved by the Nominating Committee or elected by Regional  Council, but not yet ratified by the General Assembly no longer satisfies the minimum eligibility  requirements of Article V C. or if other candidate vacancies exist for any reason after the  approval(s) by the Nominating Committee or the election(s) by the Regional Council, the  Regional Council shall fill the vacant candidate position(s) with individual or individuals who  meet the minimum eligibility requirements of Article V C. The Nominating Committee may also  meet to review the list of candidates and make a recommendation to the Regional Council  regarding the new candidate for Second Vice‐President or for any other vacant candidate  positions if there is sufficient time before the annual meeting of the General Assembly in which  to schedule both a meeting of the Nominating Committee and the Regional Council.    C. Minimum Eligibility Requirements: The following minimum eligibility requirements must be  met  in order for an individual to be considered by the Nominating Committee as a candidate for an  officer position in the Association.    (1) At the time of the application, the potential candidate must be a Regional Council  member who is a representative of a voting‐eligible Member of the Association, the TCA  representative, the Tribal Government Regional Planning Board representative,  the Air  District representative or the Public Transportation Representative and who has served         Packet Page. 384 Page 21 of 31      on a Policy Committee and/or the Regional Council (in any combination, except as  provided in this subsection) for at least 24 continuous months from when first  appointed to the Policy Committee and/or Regional Council or from when elected to  serve on the Regional Council through a District election; provided, however, that at  least 12 months of the potential candidate’s service must be as a Regional Council  member.  A potential candidate’s concurrent service as a member of both a Policy  Committee and the Regional Council shall count only once towards satisfying the 24‐ month eligibility requirement.    (2) The potential candidate must be actively involved with SCAG.    (3) The potential candidate must be a local elected official from a SCAG member county,  city, TCA, Air District or CTC, the Public Transportation Representative, or a locally  elected Tribal Council member from a federally recognized Indian Nation.    (4) Term limits will not prevent the potential candidate from serving a full term in the  respective officer position.    (5) A completed nomination application must be submitted to the Association by the  appropriate deadline by either the potential candidate or a colleague on the Regional  Council.    D. Election by Regional Council and Ratification by General Assembly: The names of the  candidates for each officer position recommended by the Nominating Committee shall be  submitted to the Regional Council for consideration and action at least one (1) month prior to  the annual meeting of the General Assembly. The Nominating Committee shall recommend one  candidate to the Regional Council for each officer position (except Secretary‐Treasurer). If the  Nominating Committee cannot agree on one candidate to recommend to the Regional Council  for an officer position, all candidates for that officer position who satisfied the minimum  eligibility requirements identified in Article V C. shall be presented to the Regional Council. The  Regional Council may also consider and elect for any officer position individuals who are  nominated directly at a Regional Council meeting as part of the election process. New Officers  shall take office after the ratification of the General Assembly and upon the adjournment of the  General Assembly meeting.    E. Officer Position Vacancies: A vacancy shall immediately occur in the office of the President, First  Vice‐ President, Second Vice‐President or Immediate Past President upon the resignation or death  of the person holding such office, or upon the person holding such office ceasing to be a local  elected official or if required by federal or state statutes or regulations, or if the appointment as a  representative of a Member of the Association, the TCA, the Air Districts, Tribal Government  Regional Planning Board or as the Public Transportation Representative of the person holding the  office is rescinded by the legislative body(ies) responsible for the appointment or in response to a  no confidence vote by a District undertaken in accordance with the District Representative Election  Procedures in the Regional Council Policy Manual. Such a no confidence vote shall only be  undertaken in response to a resolution passed by all cities in the District that are voting eligible  members of the Association. Upon the occurrence of a vacancy in the office of President, First Vice‐        Packet Page. 385 Page 22 of 31      President, or Second Vice‐ President, the vacancy shall be filled for the balance of an unexpired term  in order of succession by elevating the next remaining Officer to such position, and the President  may call for a Special Election to fill the unexpired term of the office of Second Vice‐President. Such  second Vice‐President shall be selected from a list of candidates which shall be prepared by a  Nominating Committee structured in accordance with the provisions of Article VI, Section B. In the  event of such a Special Election the name of a nominee shall be submitted by the Nominating  Committee to the Regional Council for action. If elected, the new Second Vice‐President shall take  office upon adjournment of that meeting of the Regional Council that included the Special Election.  Upon the occurrence of a vacancy in the position of the Immediate Past President, the next most  immediate and available Past President of SCAG still serving as representative to the Regional Council  shall fill the position and serve for the balance of the unexpired term.    F. Representatives to Regional Council Eligible for Officer Positions: All representatives to the  Regional Council from Members of the Association including the CTCs and the representatives  of the Tribal Government Regional Planning Board, TCA and the Air Districts serving on the  Regional Council as well as the Public Transportation Representative are eligible to be elected  by the Regional Council as Officers of the Association.    G. Presiding Officer: The President of the Association shall be the presiding officer of the Regional  Council and of the General Assembly. The First Vice‐President shall act as the presiding officer  in his/her absence. The Second Vice‐President, followed by the Immediate Past President, shall  act as the presiding officer in the absence of both of the above officers.    H. Duties of Secretary‐Treasurer: The Secretary‐Treasurer shall maintain a record of all Association  proceedings, maintain custody of all Association funds, and otherwise perform the usual duties of  such office.    ARTICLE VII – EXECUTIVE DIRECTOR    The Executive Director shall be the chief administrative officer of the Association. The powers and  duties of the Executive Director are as follows.    A. Affairs of the Association: Subject to the authority of the General Assembly and the Regional  Council, to administer the affairs of the Association including, but not limited to, oversight and  approval of the Personnel Rules, Procurement Manual and Accounting Manual of the  Association.    B. Employees: Consistent with all applicable personnel policies, procedures and salary  classifications, to appoint, direct, discipline, remove and set the compensation and benefits of  all other employees of the Association.    C. Budget: Annually to prepare and present a proposed Association budget and Overall Work Plan  budget to the Regional Council and to control the approved budgets.    D. Secretary‐Treasurer: To serve as Secretary‐Treasurer of the Association.           Packet Page. 386 Page 23 of 31      E. Meetings: To attend the meetings of the General Assembly, the Regional Council and the EAC.    F. Other Duties: To perform such other duties as the General Assembly or the Regional Council or  the Regional Council Policy Manual may require.    G. Metropolitan Planning Organization: To ensure compliance with the Association’s  responsibilities as a metropolitan planning organization as outlined in 23 U.S.C.A. § 134 et seq.,  and as may be amended from time to time.    ARTICLE VIII ‐ FINANCES    A. Fiscal Year: The fiscal year of the Association shall commence on July 1.    B. Budget Submission and Adoption: The Association budget shall be submitted by the Executive  Director to the Regional Council. The Regional Council shall adopt an Association budget at least  30 days prior the Annual Meeting. The Association budget and assessment schedule shall be  adopted by the General Assembly at the Annual Meeting. Notwithstanding any provision of the  agreement establishing the Association, any member that cannot pay its assessment therefore  because of any applicable law or charter provision, or other lack of ability to appropriate or pay  the same, may add such assessment to its assessment for the next full fiscal year. The budget  for each year shall provide the necessary funds with which to obtain and maintain the requisite  liability and worker’s compensation insurance to fully protect each of the signatory parties  hereto, and such insurance shall be so obtained and maintained.    C. Annual Membership Dues Assessment: Each year, upon adoption of the Association budget,  the General Assembly shall fix an annual membership dues assessment for all Members of the  Association, Advisory Members of the Association and Regional Council members in amounts  sufficient to provide the funds required by the Association budget and shall advise the legislative  body of each Member, Advisory Member or Regional Council member thereof on or before the  first regularly scheduled Regional Council meeting within thirty (30) days of the date of the  General Assembly regular meeting of such year. Absent any other decision regarding  membership dues assessments by the General Assembly, the annual membership dues  assessment will be adjusted by the most recent year over year change in the Consumer Price  Index – All Urban Consumers for the Los Angeles – Riverside – Orange County, California area,  with a minimum of one per cent (1%) and using as a base for the assessment calculation the amount  assessed in the previous assessment year. The annual membership dues assessment shall be  determined in accordance with the formula set out in Article VIII D. of these Bylaws.    If a Member of the Association or an Advisory Member of the Association or a Regional Council  member is unable to pay its annual membership dues assessment for any of the reasons cited in  Article VIII B. of these Bylaws and if a Member (but not an Advisory Member or Regional Council  member) is unable or unwilling to add its dues assessment to its assessment for the next full fiscal  year, the Regional Council, for not more than one (1) year at a time, may defer, waive, or reduce  payment of the annual membership dues assessment for a Member, an Advisory Member or a  Regional Council member. Similarly, the Executive Director may authorize reduced payment of the  annual membership dues assessment for a Member, an Advisory Member or a Regional Council         Packet Page. 387 Page 24 of 31      member by no more than ten (10%) for not more than one (1) year at a time based upon  documented financial hardship. In taking any of the actions above, the Regional Council shall adjust  the Association budget to provide a balanced Association budget reflecting any of the above actions.  Any action of the Regional Council deferring, waiving, or reducing the payment of the annual dues  shall be reported at the following General Assembly meeting. In addition, if the Regional Council  waives the annual membership dues assessment for a Member of the Association, or an Advisory  Member of the Association or a Regional Council member, the Regional Council shall consider, at the  same time and decide, on a case‐by‐case basis, whether the Official Representative of the Member  or Advisory Member shall have the right to vote at the General Assembly and whether the  representative of the Member, Advisory Member or Regional Council member can continue to vote  on the Regional Council or any committee or subcommittee of the Association, serve in a leadership  position, receive a stipend or have any other membership rights or privileges restricted during the  period when the annual dues have been waived.    If the Regional Council decides to waive the annual membership dues assessment for a Member  of the Association and also decides to suspend the voting rights of the Member for the period  when the dues assessment is waived and if the representative of the Member serving on the  Regional Council represents a multi‐city District, the position of District representative shall be  vacated by the action of the Regional Council and the vacancy shall be filled through a special  election in accordance with the procedures set forth in the Regional Council Policy Manual.    Any Member of the Association, Advisory Member of the Association or Regional Council  member that fails to pay its annual membership dues assessment, or, in the case of a Member,  fails to announce its intention to add its assessment to the assessment for the next fiscal year or  fails to seek a deferral or waiver or reduction of its assessment by January 1 of the July 1 – June  30 fiscal year shall be considered to have withdrawn from the Association and will cease to be  a Member, Advisory Member or Regional Council member effective January 1. The Executive  Director or his designee shall endeavor to provide written notices of annual membership dues  assessment delinquencies in December of each fiscal year.    D. Methods of Assessment:     Member Cities and Counties and Tribal Governments: Each member county and each member  city, based on its total population, shall pay, as part of its total annual assessment, the following  fixed basic assessment:    COUNTIES  CITIES   Total Population Base Population Base   Up to 249,999    3,500    Up to 9,999    $ 100 250,000 – 1,099,999 10,000 10,000 – 24,999 250 1,100,000 – 1,999,999 15,000 25,000 – 99,999 500 2,000,000 – 3,999,999 25,000 100,000 – 499,000 750 4,000,000 up 35,000 500,000 –999,999 1,000   1,000,000 up 1,250          Packet Page. 388 Page 25 of 31      For purposes of the annual assessment each federally recognized Indian Nation in the SCAG  Region that becomes an Advisory Member of the Association shall be treated as a member city.  The remainder of the total annual dues assessment to be borne by the member counties shall be  charged to and paid by said member counties in proportion that the population of  unincorporated portions of each bear to the total regional population. The remainder of the  total annual assessment to be borne by the member cities shall be charged to and paid by said  member cities in the proportion that the population of each bears to the total regional  population. The computation of the shares of said total annual assessments as above provided  shall be based upon the respective populations of the counties and cities as determined by the  State Controller in making the most recent allocation to cities and counties pursuant to the Motor  Vehicle License Fee Law, or based upon population data from the State Department of Finance in  the event that the State Controller data is not available. For a member city newly incorporated  pursuant to California Government Code Section 57176, the total annual assessment for the first  five (5) years following incorporation shall be based upon such city’s actual population as defined  under California Revenue and Taxation Code Section 11005.3(d).    If any county or city was not a Member of the Association at the time the latest assessment was  fixed and shall become a Member of the Association thereafter, an assessment shall be payable  by such county or city to the Association upon becoming a Member in a sum based upon the  current county or city per capita rate, as the case may be, prorated from the date of establishing  membership until the July 1 following the next annual meeting of the General Assembly after  such date. Notwithstanding the previous provisions of this Article VIII, no rebates or  adjustments shall be made among the existing member counties and/or cities if such additional  assessments shall be received from new Members. Notwithstanding the previous provisions of  this Section, no regular dues assessment of any county or city shall exceed twenty percent (20%)  of the total assessment for any annual assessment period.    CTCs: Each CTC shall pay a fixed annual assessment based on total population, using the  following assessment table:    Total Population Annual Assessment  Up to 249,000 $ 3,500 250,000‐1,099,999 $ 10,000 1,100,000‐1,999,000 $ 15,000 2,000,000‐3,999,999 $ 25,000 More than 4,000,000 $ 35,000   TCA, the Air Districts and the Public Transportation Representative: TCA shall pay an annual  assessment of $10,000. The annual assessment for a representative from the Air Districts on the  Regional Council shall be $10,000 to be paid in a manner agreed upon by the five (5) Air Districts  within the SCAG Region. There is no required assessment for the Public Transportation  Representative on the Regional Council.    E. Annual Audit: The Regional Council shall cause an annual external audit of the financial affairs  of the Association to be made by a certified public accountant at the end of each fiscal year. The  Regional Council shall employ a certified public account of its choosing. The Regional Council         Packet Page. 389 Page 26 of 31      shall also establish an Audit Committee to provide oversight of the annual external audit. The  members of Audit Committee shall be comprised of members of the Regional Council and serve  for one (1) year terms. The First Vice‐President shall be a member of the Audit Committee and  the Second Vice‐President shall serve as the chair of the Audit Committee for one (1) year. The  audit report shall be made to Association member cities and counties.    F. Indemnification for Tort Liability: In contemplation of the provisions of Section 895.2 of the  Government Code of the State of California imposing certain tort liability jointly upon public  entities solely by reason of such entities being parties to an agreement as defined in Section 895  of said code, the Members of the Association hereto as between themselves, pursuant to the  authorization contained in Sections 895.4 and 895.6 of said code, will each assume the full  liability imposed upon it, or any of its officers, agents or employees by law for injury caused by  a negligent or wrongful act or omission occurring in the performance of this agreement to the  same extent that such liability would be imposed in the absence of Section 895.2 of said code. To  achieve the above stated purpose each Member of the Association indemnifies and holds harmless  any other Member of the Association for any loss, cost or expense that may be imposed upon such  other Member of the Association solely by virtue of said Section 895.2. The rules set forth in Civil  Code Section 2778 are hereby made a part of these Bylaws.    G. Debts, Liabilities and Obligations of the Association: Notwithstanding the provisions of Section  7 of said Joint Powers Agreement by which this Association is formed, no contract, employment,  debt, liability or obligation of the Association shall be binding upon or obligate any Member of  this Association without the express written request or consent of such Member and only to the  extent so requested or consented to; nor shall the Association have the authority or the power  to bind any member by contract, employment, debt, liability, or obligation made or incurred by  it without the written request or consent of such Member, and then only to such extent as so  requested or consented to in writing.    H. Depositaries and Investments: In addition to the depositary and the disbursing officer as  specified in Section 7 of the Joint Powers Agreement, the Regional Council may authorize  additional depositaries and those authorized to disburse the Association’s funds, and may  specify the terms and conditions pertaining thereto.    ARTICLE IX – STATUTORY AUTHORITY    The Southern California Association of Governments shall be an agency established by a joint powers  agreement among the members pursuant to Title 1, Division 7, Chapter 5, of the Government Code  of the State of California and shall have the powers vested in the Association by State or Federal law,  the Joint Powers Agreement, or these Bylaws. The Association shall not have the power of eminent  domain, or the power to levy taxes.     ARTICLE X – VOLUNTARY WITHDRAWAL    Any Member of the Association, Advisory Member of the Association or Regional Council member  may, at any time, withdraw from the Association providing, however, that the intent to withdraw  must be stated in the form of a resolution enacted by the legislative body of the agency wishing to         Packet Page. 390 Page 27 of 31      withdraw. Such resolution of intent to withdraw from the Association must be given to the  Association by the withdrawing agency at least 30 days prior to the effective date of withdrawal. The  withdrawing agency shall not be entitled to a refund of the annual assessment paid to the Association.    ARTICLE XI – BYLAWS AND RESOLUTIONS COMMITTEE AND AMENDMENTS    The Bylaws and any amendments thereto are subject to the approval of the General Assembly.    Amendments to these Bylaws may be proposed by an Official Representative, the Executive Director,  the Bylaws and Resolutions Committee and the Regional Council.    If proposed by an Official Representative, the amendment shall be submitted to the Association by a  deadline established by the Association that is subject to waiver by the SCAG President or Executive  Director but which in all cases must be at least forty‐five (45) days prior to the regular meeting of the  General Assembly for assignment and consideration by the Bylaws and Resolutions Committee.    The Bylaws and Resolutions Committee shall be appointed by the President and composed of twelve  (12) representatives of Members of the Association serving on the Regional Council, with at least one  (1) representative from each county in the SCAG Region and with at least two (2) representatives  being county representatives. The representatives serving on the Bylaws and Resolutions Committee  shall have terms that commence on the date of their appointment and extend to the adjournment of  the next regular meeting of the General Assembly. A quorum of the Bylaws and Resolutions  Committee shall be a majority of its membership. Proxy voting is not allowed and members must be  present to vote. The affirmative votes of a majority of those Bylaws and Resolutions Committee  members voting shall be required for any action by the Bylaws and Resolutions Committee. The  Second Vice‐President shall serve as the chair of the Bylaws and Resolutions Committee.    Except for amendments proposed by the Regional Council, all proposed amendments to the Bylaws  shall be considered by the Bylaws and Resolutions Committee, and thereafter, by the Regional  Council: except, however, amendments proposed by the Executive Director or his designee that are  not recommended by the Bylaws and Resolutions Committee shall not be sent to the Regional  Council. All amendments proposed by an Official Representative, and all amendments proposed by  the Bylaws and Resolution Committee or the Executive Director or his designee that are  recommended by the Regional Council along with amendments proposed by the Regional Council,  shall be forwarded to the Official Representative of each General Assembly member at least twenty‐  one (21) days prior to the regular meeting of the General Assembly at which such proposed  amendments will be voted upon.    An affirmative vote of a majority of the Official Representatives or Alternates of the General Assembly  voting‐eligible Members of the Association present and voting with a quorum in attendance is  required to adopt an amendment to these Bylaws. If, within sixty (60) days after the adoption of any  amendment, one‐third (1/3) or more of the Official Representatives protest such amendment by filing  a written protest with the Executive Director, the adoption of such amendment shall be suspended  until the next meeting of the General Assembly when the amendment shall again be taken up for  consideration and vote.          Packet Page. 391 Page 28 of 31        Notwithstanding any provision of the agreement establishing the Association, Article V ‐ A‐4(b) and  the Article VIII A, B, and E of said Bylaws shall not be changed except with the concurrence of the  legislative body of each signatory party to said agreement which has not then withdrawn from the  Association.    ARTICLE XII – EFFECTIVE DATE    These Bylaws shall go into effect immediately upon the effective date of the agreement establishing  the Association.    ARTICLE XIII – HIRING PROHIBITION    No individual who is or was an Official Representative or Alternate on SCAG’s General Assembly or is  or was a representative of a Member of the Association or of an Advisory Member of the Association  or of a Regional Council member serving on the Regional Council or is or was a member of any of  SCAG’s Policy Committees shall be eligible for compensated employment with SCAG for a period of  one (1) year after the individual’s last day of service in any of the SCAG positions described in this  Article.         Packet Page. 392 Page 29 of 31      Bylaws adopted by the Joint County‐City SCAG Committee:    March 27, 1964   Bylaws amended by the SCAG General Assembly:  February 24, 1966    November 4, 1966    February 24, 1967    February 18, 1970    September 24, 1970    February 16, 1973    September 12, 1974    February 27, 1975    March 8, 1977    October 6, 1977    March 3, 1978    October 6, 1978    March 16, 1979    October 2, 1980    April 29, 1982    April 26, 1984    January 29, 1987    March 21, 1989    March 22, 1990    April 21, 1991         Packet Page. 393 Page 30 of 31        February 27, 1992    March 12, 1993    March 4, 1994    March 3, 1995    July 3, 1996    October 9, 1997    April 16, 1998    September 3, 1998    April 8, 1999    April 6, 2000    May 1, 2003    September 4, 2003    May 4, 2004    May 5, 2005    May 4, 2006    May 3, 2007    May 8, 2008    May 7, 2009    May 6, 2010    May 5, 2011    April 5, 2012    June 7, 2012           Packet Page. 394 Page 31 of 31      May 2, 2013  May 1, 2014  May 7, 2015  May 5, 2016  May 4, 2017  May 3, 2018  May 2, 2019  May 6, 2021  May 5, 2022           Packet Page. 395 MAIN OFFICE900 Wilshire Blvd., Ste. 1700,Los Angeles, CA 90017 T: (213) 236-1800 IMPERIAL COUNTY REGIONAL OFFICE1503 North Imperial Ave., Ste. 104 El Centro, CA 92243T: (213) 236-1967 ORANGE COUNTY REGIONAL OFFICEOCTA Building 600 South Main St., Ste. 741 Orange, CA 92868 T: (213) 236-1997 RIVERSIDE COUNTY REGIONAL OFFICE3403 10th St., Ste. 805 Riverside, CA 92501 T: (951) 784-1513 SAN BERNARDINO COUNTY REGIONAL OFFICESanta Fe Depot 1170 West 3rd St., Ste. 140 San Bernardino, CA 92418 T: (213) 236-1925 VENTURA COUNTY REGIONAL OFFICE4001 Mission Oaks Blvd., Ste. LVentura, CA 93012 T: (213) 236-1960 scag.ca.gov Please recycle AJ2 Reports 2022.03.29        Packet Page. 396 RC Approved June 9, 2019 As Amended Through September 5, 2024 SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS Regional Council Policy Manual        Packet Page. 397 Table of Contents Introduction 1 Article I Code of Conduct 3 Article II Complaints Alleging Violations of the Code of Conduct 7 Article III Conflict of Interest 8 Article IV Composition, Attendance and Policies for the Regional Council, Policy Committees and other SCAG Subcommittees and Task Forces 12 Article V District Representative Appointments, Election Procedures and No Confidence Votes 15 Article VI The Ralph M. Brown Act: Requirements and SCAG Policies 19 Article VII Rules of Procedure for the Conduct of Meetings 24 Article VIII Stipends and Expense Reimbursements 32 Article IX Approval and Reporting Thresholds and Delegation of Approval Authority 38 Article X California Public Records Act 40 Appendices: A. SCAG District Representative Election Procedures 42 B. Summary of SCAG’s Rules of Order 45 C. Rosenberg’s Rules of Order 47        Packet Page. 398 RC Approved 06/09/19, as amended through 09/05/24 Page 1 INTRODUCTION Although the Regional Council Policy Manual has been updated several times, this Amended and Restated Policy Manual (herein “Policy Manual”) is the first comprehensive update since the Policy Manual was adopted in 2007. The original version of the Policy Manual incorporated various policies that had been previously adopted by the Regional Council over the years. This update reformats the existing policies and addresses new topics (e.g. the Public Records Act), eliminates topics that are no longer relevant (e.g. Lapsing Fund Policy) and allows certain materials to become stand‐alone documents (e.g. SCAG’s Strategic Plan). This updated Policy Manual is intended to be a helpful tool for the Regional Council in its efforts to guide the SCAG organization in finding solutions for issues facing the Southern California region. After adoption by the Regional Council, the Policy Manual will be reviewed and updated on an annual basis concurrent with the annual process that is undertaken for SCAG’s Bylaws. Unlike the Bylaws, approval of changes to the Policy Manual will be by the Regional Council and not the General Assembly. Over the course of every year, the Regional Council may take actions to modify, eliminate or create policies that relate to the materials contained in the Policy Manual. To the extent necessary and to avoid confusion or misinterpretation, SCAG’s Executive Director or his/her designee may make administrative changes to the Policy Manual to reflect such actions by the Regional Council in advance of the Regional Council’s annual review and approval of any needed updates. Similarly, SCAG’s Executive Director or his/her designee may make administrative changes to the Policy Manual to reflect changes in federal or state laws or regulations. This Policy Manual is intended to supplement SCAG’s Bylaws. In the event of inconsistencies between the Bylaws and the Policy Manual, the Bylaws shall prevail.        Packet Page. 399 RC Approved 06/09/19, as amended through 09/05/24 Page 2 SCAG Vision Southern California’s Catalyst for a Brighter Future. SCAG Mission To foster innovative regional solutions that improve the lives of Southern Californians through inclusive collaboration, visionary planning, regional advocacy, information sharing and promoting best practices. SCAG Core Values  Be Open – Be accessible, candid, collaborative and transparent in the work we do.  Lead by Example – Commit to integrity and equity in working to meet the diverse needs of all people and communities in our region.  Make an Impact – In all endeavors, effect positive and sustained outcomes that make our region thrive.  Be Courageous –Have confidence that taking deliberate, bold and purposeful risks can yield new and valuable benefits.        Packet Page. 400 RC Approved 06/09/19, as amended through 09/05/24 Page 3 ARTICLE I CODE OF CONDUCT This Code of Conduct establishes a set of expectations for all elected and appointed officials and representatives who serve in the SCAG organization as Officers, Official Representatives and Alternates to the General Assembly, representatives of Regional Council Members, District Representatives, ex officio members of any SCAG body, and members of SCAG committees and task forces (collectively, “SCAG Representatives”). This Code of Conduct embodies the Core Values of SCAG that are identified in the Introduction to this Policy Manual. All SCAG Representatives are expected to review, understand and comply with all aspects of this Code of Conduct and to avoid any activities that would negatively affect SCAG or SCAG’s reputation. This Code of Conduct expands upon and is not intended to supersede or contradict any federal, state or local laws or regulations that address any of the matters addressed in this Article I. A. Non‐Discrimination – SCAG is committed to respecting individual differences and expects all SCAG Representatives to conduct themselves in a professional manner and to treat others with respect and dignity. SCAG will not tolerate discrimination and will treat all individuals fairly without regard to race, color, religious creed, political belief, age, national origin, gender, ancestry, physical disability, mental disability, medical condition, marital status, sexual orientation, or any other basis protected by law. B. Anti‐Harassment – SCAG is committed to providing an environment in which all individuals who work for, provide services to, or participate in the activities of SCAG are free of any type of harassment (i.e. verbal, physical, visual, written or environmental) especially that based on or associated with race, color, religious creed, political belief, national origin, gender, national origin, ancestry, physical or mental disability, medical condition, marital status, age, sexual orientation or any legally protected characteristics. Verbal harassment includes, but is not limited to, inappropriate or offensive remarks, slurs, and jokes; inappropriate comments regarding physical appearance or attire; unwelcome flirting; demands for sexual favors; verbal abuse, threats; bullying; and patronizing or ridiculing remarks. Physical harassment includes, but is not limited to, inappropriate touching, assault, hazing, physical interference with free movement, leering,        Packet Page. 401 RC Approved 06/09/19, as amended through 09/05/24 Page 4 grabbing, and sexual gestures. Visual or written harassment includes, but is not limited to, the display or circulation of offensive materials, posters, or reading materials, and the transmission of offensive electronic messages or computer graphics. Environmental harassment includes, but is not limited to, creating or contributing to a work or business environment that is permeated with sexually‐orientated or discriminatory talk, innuendo, insults or abuse. C. Prohibition against Retaliation – Retaliation against any individual because of his/her opposition to actions that are contrary this Code of Conduct and especially to the Non Discrimination and/or Anti‐Harassment policies of SCAG or because of the filing of a complaint, provision of testimony or participation in a hearing or proceeding in connection with SCAG’s Non Discrimination and Anti‐Harassment policies is strictly prohibited. D. Limited Prohibition against Weapons – SCAG Representatives shall not bring, carry, store or use any type of weapon on SCAG property or in a SCAG rented vehicle or in a personal vehicle while on SCAG business unless in compliance with all applicable laws and applicable SCAG notifications. E. Workplace Violence – Any SCAG Representative who makes threats, exhibits threatening behavior or engages in violent acts at on SCAG property or at a venue hosting a SCAG event shall be removed from the SCAG property or venue immediately and shall remain off of the SCAG property or venue pending the outcome of a proper investigation and evaluation by SCAG. F. Employment Matters – SCAG Representatives shall not provide employment references on behalf of SCAG for former SCAG employees. Personal references are acceptable if provided without any implication of SCAG endorsement and without the use of SCAG resources. Further, SCAG Representatives shall not initiate employment recruitment, or participate in SCAG hiring activities or decisions for any position (compensated or uncompensated), unless such action is specifically requested and approved by SCAG’s Executive Director or Human Resources Manager. G. Relatives of Elected Officials –To avoid concerns regarding conflicts–of‐interest and nepotism while still allowing SCAG to attract and hire talented individuals who are also family members of elected officials the following special hiring procedures for uncompensated and compensated positions will apply for any son, daughter, stepchild, parent, sibling, grandchild, first cousin, (including spouse/domestic partner of any of these identified relatives) or spouse/domestic partner        Packet Page. 402 RC Approved 06/09/19, as amended through 09/05/24 Page 5 of any SCAG Representative. The hiring process of any of the previously identified individuals must: (1) Conform to SGAG’s standard hiring practices without any external or internal non‐standard influence; (2) Include open disclosure and documentation of all relationships with elected officials during all phases of the hiring process; and (3) Avoid any hiring actions that would result in a functional reporting relationship between the elected official and the prospective new hire (i.e. staff support to a committee chair) at the time of hiring. Failure to comply with the above requirements may result in employment termination in accordance with the Personnel Rules of SCAG. H. Avoiding Physical Impairment – While participating in any SCAG activity or travelling to or from such activity, all SCAG Representatives shall not be under the influence of any alcohol or drugs to the extent that legal limits of alcohol or any drug are violated or to the extent that alcohol or a drug impairs the safety and effectiveness of any of their actions. Possible side effects and impairments associated with over‐the‐counter and prescription medications must also be considered in connection with any SCAG activity. I. Compliance with Conflict‐of‐Interest Policies of SCAG – SCAG Representatives shall remain cognizant of and comply with SCAG’s Conflict‐of‐Interest Policies and all related federal and state statutes and regulations. J. Professionalism – SCAG Representatives are expected to maintain a professional and productive work environment at all times. SCAG is a public agency, using public funds and engaged in activities that are intended to benefit the public. The public nature of SCAG should be reflected in the conduct of all who represent SCAG. K. SCAG Assets – All SCAG Representatives must use sound judgment in the care and use of SCAG assets and in the expenditure of all funds controlled by SCAG. SCAG assets are obtained through the expenditure of public funds and are intended for the benefit of the public and should not be applied to personal matters.        Packet Page. 403 RC Approved 06/09/19, as amended through 09/05/24 Page 6 L. Confidentiality and Privacy Issues – SCAG Representatives may be provided with personal information, financial information, legally protected information and other materials that must be treated with care. All such information must be properly safeguarded, disclosed to appropriate parties only when necessary and properly destroyed when no longer needed. Any uncertainties regarding the personal or confidential nature of any materials should be discussed with SCAG’s Manager of Human Resources or SCAG legal staff.        Packet Page. 404 RC Approved 06/09/19, as amended through 09/05/24 Page 7 ARTICLE II COMPLAINTS ALLEGING VIOLATIONS OF THE CODE OF CONDUCT* Complaints alleging violations of the Code of Conduct by any SCAG Representative shall be initially reviewed by the Executive Director or his/her designee, in consultation with SCAG’s legal counsel, who shall make an initial inquiry to determine whether an investigation is warranted. If an investigation is deemed warranted, any such investigation shall be performed by a neutral third‐party investigator selected by the Executive Director or his/her designee in consultation with SCAG’s legal counsel and conducted in compliance with applicable law (such as California’s Fair Employment and Housing Act, Government Code § 12900 et seq.). To the extent permitted by law and to ensure the integrity of an investigation, confidentiality and privacy will be considered during review and investigation of a complaint. The prior sentence does not preclude the results of an investigation from being shared with other persons such as the SCAG Representative being investigated and/or the complainant, as determined by the President or Executive Director in consultation with SCAG’s legal counsel. The results of an investigation shall be shared by the Executive Director or SCAG’s legal counsel with the President (or if the President is alleged to have violated the Code of Conduct, then with the 1st Vice President or next officer who is not implicated), and together may determine what further action, if any, can or should be taken, including as appropriate, further reporting to SCAG governing bodies for review or action.        Packet Page. 405 RC Approved 06/09/19, as amended through 09/05/24 Page 8 ARTICLE III CONFLICT OF INTEREST SCAG has adopted the conflict‐of‐interest policies described herein in order to provide a comprehensive and clear set of rules for all SCAG Representatives. These policies are further intended to ensure that all SCAG Representatives will be guided to act in the best interests of SCAG rather than by personal interests. All of these policies collectively incorporate and supplement existing state and federal conflict of interest laws and regulations. A. Gift and Political Contribution Prohibitions and Limitations ‐ SCAG Representatives may accept gifts and political contributions but only up to the limits established by state law and only without violation of any state or federal conflict‐of‐interest rules and regulations. B. Political Activities – As provided in state or federal law, no restrictions shall be applied to the political activities of SCAG Representatives except that the following activities are prohibited: (1) engaging in political activities at SCAG offices; (2) soliciting a political contribution from an employee of SCAG unless the solicitation is part of a general solicitation to a significant segment of the public; (3) promising or threatening any SCAG employee in connection with any personnel action including promotion, demotion, change in compensation, etc. in exchange for the vote or political action or inaction on behalf of any candidate or party. C. SCAG Policy Statements ‐ All policy statements regarding SCAG originate from the General Assembly or the Regional Council. No SCAG Representatives shall, in their official capacity, become involved in political matters or lobbying activities which are contrary to, or conflict with, stated SCAG policies or positions. Where a policy of SCAG is unclear or nonexistent, SCAG Representatives must use discretion and judgment in making statements to avoid misrepresenting or misstating current SCAG policies or positions. D. Contract and Decision‐Making Prohibitions and Disqualifications (1) In accordance with California Government Code Section 1090 et seq., SCAG Representatives shall not participate in making any contract or type of agreement involving SCAG if they are financially interested in the contract or agreement. To “participate in making a contract” includes        Packet Page. 406 RC Approved 06/09/19, as amended through 09/05/24 Page 9 decisions to create, modify, extend or renegotiate a contract. Most importantly, if an individual is “financially interested” in a contract, Section 1090 prohibits the entire legislative body of which that individual is a member from taking action on a contract in which said individual has a financial interest. Thus if a representative of a Member of the Regional Council has a financial interest in a contract, the Regional Council cannot consider or take action on that contract and it is not possible for the representative to simply disqualify himself from any vote. For this reason, if SCAG contracting staff or legal counsel determine that a representative of a Member of the Regional Council has a financial interest in a bid or proposal for a contract, such bid or proposal will be disqualified from consideration by SCAG. Determining financial interest questions can be complicated and guidance from SCAG legal counsel should be obtained if any concerns exist regarding the applicability of Government Code 1090 to a contract, proposal or bid. (2) In accordance with Title 49 of the Code of Federal Regulations, Section 18.36 SCAG Representatives shall not participate in the selection, or award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. A real or apparent conflict‐of‐interest could arise not only in connection with SCAG Representatives themselves, but also if immediate family members are involved in a contract or because of the employment or potential employment of SCAG Representatives. The requirements of Section 18.36 are complicated and guidance from SCAG legal counsel should be obtained regarding the applicability of Section 18.36 to a contract supported by federal funds. (3) In accordance with California Government Code Section 87100 et seq., SCAG Representatives shall not make, participate in making or attempt to use their official position to influence a decision affecting SCAG when a conflict of interest, real or apparent, would be involved. Such a conflict of interest would arise because of a personal financial interest in a decision affecting SCAG. A financial interest would exist if it is reasonably foreseeable that the decision will have a material financial effect, distinguishable from its effect on the public generally, on an individual or his/her immediate family. If any SCAG Representative has a financial interest in a decision affecting SCAG within the meaning of Section 87100, that individual should recuse himself or herself from making or        Packet Page. 407 RC Approved 06/09/19, as amended through 09/05/24 Page 10 participating in such a decision and not use his or her position to influence or attempt to influence such a decision. Guidance on the proper recusal procedures to follow should be obtained from SCAG legal counsel who should also be consulted about questions regarding Section 87100. E. Annual Statement of Economic Interests – In accordance with the requirements of the California Fair Political Practices Commission (“FPPC”), every elected official and public employee who makes or influences governmental decisions is required to prepare and submit a Statement of Economic Interest, also known as the Form 700, annually, and upon assuming or leaving an identified position. Consistent with the guidelines of the FPPC, SCAG has created a Conflict‐of‐ Interest Code which identifies those SCAG Representatives and Staff who must file a From 700. The Conflict‐of‐Interest Code, which is updated regularly in accordance with the requirements of the FPPC, can be found on SCAG’s website and is also included at Attachment A. to this Policy Manual. The Conflict‐of‐Interest Code specifies the types of disclosures that the identified individuals must make. Form 700 filings should be made to the Office of Regional Council Support. SCAG staff will endeavor to remind all affected individuals of the need for Form 700 filings several months in advance of the annual filing due date. However, it is the responsibility of all affected SCAG Representatives to understand their FPPC disclosure obligations and to make timely filings with SCAG and any other public organizations for which disclosure requirements exist. F. Ban on Future Contracts, Bids and Lobbying (1) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall influence or attempt to influence any SCAG decision directly relating to any contract where the former SCAG Representative knows details or conditions of the contract not available to members of the public. (2) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall participate in bidding on a SCAG contract, including providing consulting services to a bidder on a bidding process involving SCAG, or bidding or providing consulting services to a bidder for a contract which is to be funded by or through SCAG.        Packet Page. 408 RC Approved 06/09/19, as amended through 09/05/24 Page 11 (3) For a period of one year after an individual’s relationship with SCAG ends, no former SCAG Representative shall act as an agent or attorney for, or otherwise represent, any person or entity other than SCAG in any formal or informal appearance before, or, with the intent to influence a decision, make any written or oral communication to any court or any agency officer, employee, member, board or commission in connection with any proceeding, application, request for ruling or other determination, contract, claim, controversy, legislation, or other particular matter pending before such court or before such officer, member, employee, board or commission if both of the following apply: (a) SCAG is a party or has a direct and substantial interest; and (b) the proceeding is one in which the former SCAG Representative participated in on behalf of SCAG. (4) The one‐year bans contained in Article III Sections F (1), (2), and (3) above shall not apply to: (a) prevent a former SCAG Representative from making or providing a statement or contract which is based on the individual’s own special knowledge in the particular area that is the subject of the statement or contract, provided that no compensation is thereby received other than that regularly provided for by law or regulation for witnesses or contractors; or (b) communications and contracts made solely for the purpose of furnishing information if a court or state, federal or local administrative agency to which the communication is directed or with or for which a contract is made, makes findings in writing that the individual has outstanding and otherwise unavailable qualifications and is acting with respect to a particular matter which requires such qualifications and the public interest would be served by the participation of the individual. In addition, these one‐year bans do not apply to any appearances or communications in a proceeding or contracts to which a court or the Regional Council gives its consent by determining that the public interest would not be harmed. G. Penalties for Violation of Conflict‐of‐Interest Policies – SCAG Representatives are reminded that violations of the Conflict‐of‐Interest Policies listed in this Policy Manual may also involve violations of various state and federal statutes and regulations to which both civil penalties and criminal punishments may apply. Further, contracts involving a conflict‐of‐interest may also be declared void in accordance with applicable California law.        Packet Page. 409 RC Approved 06/09/19, as amended through 09/05/24 Page 12 ARTICLE IV COMPOSITION, ATTENDANCE AND POLICIES FOR THE REGIONAL COUNCIL, POLICY COMMITTEES AND OTHER SCAG COMMITTEES, SUBCOMMITTEES AND TASK FORCES A. Regional Council – The membership, organization, duties, quorum and voting requirements of the Regional Council are addressed in SCAG’s Bylaws. The following additional policies are applicable to the Regional Council. (1) The Regional Council shall generally consider a recommendation from a Policy Committee in the month following the development of such a recommendation. In the case of time sensitive matters, a recommendation from a Policy Committee may be considered at the first Regional Council meeting after the Policy Committee meeting at which the recommendation was adopted. (2) The Regional Council shall generally consider a recommendation from the Executive/Administration Committee at the first Regional Council meeting after the Executive/Administration meeting at which the recommendation was adopted. (3) The Regional Council shall generally meet on the first Thursday of each month. The Regional Council shall annually approve its calendar year meeting schedule which may include one or more months in which other SCAG meetings replace the regular meeting of the Regional Council. In addition, the Regional Council will not meet one month of the year to allow for a vacation period. B. Executive/Administration Committee – The membership, organization, duties, quorum and voting requirements of the Executive/Administration Committee are addressed in SCAG’s Bylaws. The following additional policies are applicable to the Executive/Administration Committee. (1) The President of SCAG shall serve as the Chair of the Executive/Administration Committee and shall be the presiding officer at its meetings. The First Vice President of SCAG shall serve as the Vice Chair and shall act as the presiding officer at meetings in the absence of the President. The Second Vice President or the Immediate Past President, in that order, shall preside at meetings in the absence of the President and First Vice President. (2) The Executive/Administrative Committee shall generally meet prior to and on the same day as the Regional Council in accordance with the annual schedule adopted for the regular meetings of the Regional Council. The Executive/Administration Committee may have a special meeting on a day        Packet Page. 410 RC Approved 06/09/19, as amended through 09/05/24 Page 13 other than the day scheduled for a meeting of the Regional Council or in addition to the day scheduled for a meeting of Regional Council. All such special meetings shall be called by the SCAG President in consultation with SCAG’s Executive Director. (3) The President shall provide a general report regarding each meeting of the Executive/Administrative Committee at the next regular meeting of the Regional Council and specifically shall report any actions taken by the Executive/Administration Committee acting on behalf of the Regional Council as allowed by Article V C. (3)(a) of SCAG’s Bylaws. C. The Policy Committees – The membership, organization, duties, quorum and voting requirements of the three Policy Committees (i.e. Transportation Committee; Community, Economic and Human Development Committee; and Energy and Environment Committee) are addressed in SCAG’s Bylaws. The following additional policies are applicable to the three Policy Committees. (1) Each Policy Committee shall elect its Chair and Vice Chair whose term shall commence upon the adjournment of the next regular meeting of the General Assembly and expire upon the opening of the following regular meeting of the General Assembly. Those holding the position of Chair and Vice Chair must be members of the respective Policy Committee and must also be representatives of Regional Council Members. Officers and those elected by the Regional Council to serve as Officers cannot serve as Chair or Vice Chair of a Policy Committee. An individual may serve two consecutive one‐year terms as a Chair or two consecutive one‐year terms as a Vice Chair, if so elected. Any person who served as Chair of a Policy Committee for two consecutive years or as Vice Chair for two consecutive years must wait one year before seeking election again to be Chair or Vice Chair of the same Policy Committee; except that any Vice Chair who has held such a position for up to two consecutive years may be elected to serve as Chair for the following year for up to two consecutive years. If a vacancy occurs in the office of Chair of a Policy Committee, the Vice Chair shall serve as Chair for the unexpired term and a new Vice Chair shall be elected to fill the unexpired term. (2) Each Policy Committee shall meet on the same day as the Regional Council unless a special meeting is otherwise called by the Chair of the Committee after discussions with SCAG’s Executive Director.        Packet Page. 411 RC Approved 06/09/19, as amended through 09/05/24 Page 14 (3) In the event an at‐large or subregional member of a Policy Committee repeatedly fails to attend meetings of the Policy Committee, the SCAG Executive Director may, in his/her sole discretion, communicate with the member and encourage the member to actively participate in the meetings of the Policy Committee. The Executive Director may also, in his/her sole discretion, advise the SCAG President of the absences of the member and the President may take any such action as may be allowed by the SCAG Bylaws or this Policy Manual. D. Legislative, Communications and Membership Committee ‐ The membership, organization, meetings, duties, quorum and voting requirements of the Legislative, Communications and Membership Committee are addressed in SCAG’s Bylaws. E. Committees, Subcommittees and Task Forces [Reference/Formatting issue to correct] (1) Committees, Subcommittees and Task Forces shall be established in accordance with SCAG’s Bylaws and shall strictly adhere to the requirements of the Ralph M. Brown Act (California Government Code Section 54950 et seq.). The first meeting of a new committee, subcommittee or task force shall be considered a regular meeting of said committee, subcommittee or task force. (2) Unless otherwise identified in SCAG’s Bylaws, a quorum of Committees, Subcommittees and Task Forces shall be fifty percent of its membership and all actions taken shall require the affirmative vote of a majority of the membership present and voting with a quorum in attendance. (3) Each Committee, Subcommittee and Task Force shall set its own meeting schedule. (4) In the event a member of a Committee, Subcommittee or Task Force repeatedly fails to attend meetings, the SCAG Executive Director may, in his/her sole discretion, communicate with the member and encourage the member to actively participate in the meetings.        Packet Page. 412 RC Approved 06/09/19, as amended through 09/05/24 Page 15 ARTICLE V DISTRICT REPRESENTATIVE APPOINTMENTS, ELECTION PROCEDURES AND NO CONFIDENCE VOTES The appointment or election of District Representatives to serve on the Regional Council and the undertaking of a no confidence vote regarding a District Representative shall all be conducted in accordance with the following procedures. A. District Representative Eligibility ‐ Any elected member of the city council of a city that is a voting‐eligible member of SCAG and that is part of a District may be appointed or elected to serve as a District Representative to the Regional Council if that city council member is then serving on the respective city council on the date of the District representative appointment or election. B. Single‐City District Representative Appointments ‐ When a District encompasses only one city or part of only one city (“Single‐City District”), that city shall appoint its District Representative(s) from among its city council members by action taken at a meeting of said city council or by any lawful appointment action or process deemed appropriate by the city. Unless otherwise required by the Regional Council, such appointments shall be made during even‐numbered years for even‐ numbered Single‐City Districts and odd‐numbered years for odd‐numbered Singe‐City Districts and shall be for two years in accordance with Article V A. (2)(b) of the Bylaws. The appointment of District Representatives from single‐city Districts shall take place no later than twenty‐eight days prior to the regular meeting of the General Assembly that is held each year unless otherwise required by the Regional Council. C. Multi–City District Representative Elections ‐ When a District encompasses more than one city (“Multi‐City District”), a maximum of five (5) city council members from each of the voting‐ eligible cities in the Multi‐City District shall be provided the opportunity to vote for the individual who will serve as the District Representative to ensure equity among cities in voting. In a voting‐ eligible city comprised of more than five (5) city council members, the city, using any reasonable method of random selection, shall appoint a maximum of five (5) members to vote in Multi‐City District Representative Elections. Multi‐City District Representative Elections shall be conducted in accordance with the following policies and procedures.        Packet Page. 413 RC Approved 06/09/19, as amended through 09/05/24 Page 16 (1) District Representatives from Multi‐City Districts shall be elected by city council members from the cities in their respective Districts that are voting‐eligible Members of SCAG as defined in Article II of SCAG’s Bylaws. (2) District Representative elections shall be held no later than twenty‐eight days prior to the regular meeting of the General Assembly in even years for even‐numbered Districts and in odd years for odd‐numbered Districts unless otherwise required by the Regional Council or in the case of special elections of District representatives. (3) District Representative elections shall be held: (i) prior to or during meetings of subregional organizations of the type identified in Article V A.(1)(a)(5) of the SCAG’s Bylaws; or (ii) prior to or at division meetings of the League of California Cites; or (iii) at meeting locations and on meeting dates set by SCAG staff in cooperation with the cities in a District that are voting‐eligible Members of SCAG. (4) SCAG staff in consultation with subregional organizations will oversee all District Representative elections and will ensure that all members of the city councils within the District receive written notification two weeks in advance of any District Representative election, including a special election. Appendix A describes the two‐step notification process that is provided to individuals who are eligible to be candidates in District Representative elections and to the cities whose city council members may vote in District Representative elections. (5) For a District Representative election to be valid, there must be a quorum which shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in the District. (6) Nominations from the floor and proxy voting are not allowed. Teleconferencing for the District Representative election is not allowed unless the President expressly authorizes, in writing, teleconference participation for a District election. (7) District Representatives shall be elected by a majority of the votes of those city council members present with a quorum. In the event of a tie vote, additional balloting shall occur until a District Representative is elected.        Packet Page. 414 RC Approved 06/09/19, as amended through 09/05/24 Page 17 (8) If there is only one candidate for District Representative that individual shall be declared the District Representative and no election shall be required. D. Term of District Representative ‐ The term of office for a District Representative shall be two years in accordance with Article V A. (2) of SCAG’s Bylaws and shall commence in accordance with that same Article of the Bylaws. E. District Representative Position Declared Vacant ‐ Notwithstanding Article V, Section D. above, if SCAG’s President declares a District representative’s position to be vacant in accordance with Article V A.(2)(a) of the Bylaws, a new appointment (in the case of a single‐city District) or a special election that complies with all of the election policies described in this Article V and Appendix A (in the case of a multi‐city District) shall take place within forty‐five (45) days of the declaration of a position vacancy unless otherwise specified by SCAG staff. A District Representative who is so appointed or elected shall assume his/her position immediately upon the appointment or election and shall serve the remainder of the unexpired District Representative term. F. Notification ‐ Written notification of the appointment or election of a District Representative shall be provided to the SCAG’s Office of the Regional Council within 10 business days of the respective appointment or election. G. District Representative No Confidence Vote – Article V A.(2)(a) of SCAG’s Bylaws indicates that the position of a District Representative shall be declared vacant by the SCAG President in the event of a no confidence vote undertaken in response to a resolution passed by all the cities in a District that are voting‐eligible Members of SCAG. A no confidence vote by a District shall be conducted in accordance with the following procedures. (1) A no confidence vote must be held within 30 days of the date on which the final city in the District approves a resolution calling for the no confidence vote. (2) A maximum of five (5) city council members from each of the voting‐eligible cities in the District shall be given the opportunity to participate in a no confidence vote. In a voting‐eligible city comprised of more than five (5) city council members, the city, using any reasonable method of random selection, shall appoint a maximum of five (5) members to vote in the no confidence vote.        Packet Page. 415 RC Approved 06/09/19, as amended through 09/05/24 Page 18 (3) A no confidence vote shall be held: (i) prior to or during meetings of subregional organizations of the type identified in Article V A (1)(a)(5) of SCAG’s Bylaws; or (ii) prior to or at division meetings of the League of California Cites; or (iii) at meeting locations and on meeting dates that are arranged by SCAG staff in cooperation with the voting eligible cities in the District. (4) SCAG staff will organize the notice and preparation for any no confidence vote and conduct the actual vote and will ensure that all members of the voting‐eligible city councils within the District receive written notification two weeks in advance of any no confidence vote. (5) For a no confidence vote to be valid, there must be a quorum which shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in the District. (6) Proxy voting is not allowed. (7) A no confidence vote shall pass upon the affirmative, majority vote of those city council members present with a quorum. H. Incumbent District Representatives – Notwithstanding the requirements of this Article V, incumbent District representatives shall retain their positions until the completion of their terms or until their position is vacated by order of the SCAG President. I. Effective Date of Appointment and Election Procedures ‐The appointments and elections of all District representatives after July 1, 2018 must be conducted in accordance with the procedures of this Article V in this Policy Manual. All appointments and elections prior to July 1, 2018 are to be conducted in accordance with the Regional Council Policy Manual adopted on July 12, 2007 and updated in September of 2009, and the District Representative Election Procedures adopted by the Regional Council on June 2, 2011.        Packet Page. 416 RC Approved 06/09/19, as amended through 09/05/24 Page 19 ARTICLE VI THE RALPH M. BROWN ACT: REQUIREMENTS AND SCAG POLICIES SCAG endeavors to be in full compliance with all aspects of the Ralph M. Brown Act, (Government Code Section 54950 et seq. (herein the “Brown Act”)) in all of its meetings, activities and interactions with the public. Selected parts of the Brown Act are described and discussed in the materials that follow to provide guidance and reminders to SCAG Representatives about the requirements of the Brown Act and the policies that SCAG has implemented to ensure full compliance. A. Bodies Subject to the Brown Act – In accordance with Section 54952 of the Government Code, the working entities of SCAG including the General Assembly, the Regional Council, the Policy Committees and generally all of the SCAG committees are “legislative bodies” of local agencies as defined by Section 54952 of the Government Code and their meetings are covered by the Brown Act with respect to matters such as agendas, closed sessions, public participation, etc. However, if an advisory committee is created by a SCAG legislative body and if the advisory committee is comprised of less than a quorum of the members of the SCAG legislative body that created it, then the advisory committee is not subject to the Brown Act, unless the advisory committee is a standing committee. The Brown Act defines a standing committee as one which has continuing jurisdiction over a particular subject matter or if its meeting schedule is fixed by some formal action.by the body that created the committee. B. Meetings – If a quorum of the membership of one of the legislative bodies of SCAG meets to hear, discuss or deliberate on any matter that is under the subject matter jurisdiction of the legislative body, then a meeting occurs regardless of whether or not any action is taken, and all notice and agenda provisions of the Brown Act apply. Informal gatherings at lunches or social activities or in other informal settings that involve a quorum or more of the membership of a SCAG legislative body must also meet the requirements of the Brown Act unless the event is open to the public and the members of the legislative body do not discuss among themselves, except as may be part of any scheduled program, issues that are within the subject matter jurisdiction of SCAG.        Packet Page. 417 RC Approved 06/09/19, as amended through 09/05/24 Page 20 As an added caution, because SCAG has overlapping legislative bodies and committees, the quorum requirements of all applicable SCAG legislative bodies, especially the Executive/Administration Committee with its limited membership/quorum, should be considered whenever the attendance at a SCAG event is being planned to determine if the meeting requirements of the Brown Act are applicable. C. Serial Meetings – A serial meeting is a series of communications, each of which involve less than a quorum of a legislative body, but which collectively involve at least a quorum of the legislative body and through which concurrence is developed with regard to an action to be taken by the legislative body (see Section 54952.2 of the Government Code). Serial meetings are forbidden by the Brown Act. Caution must be exercised to ensure that briefings by SCAG staff of members of a quorum of a small committee (e.g. Executive/Administrative Committee) do not lead to advance concurrence by the members of the committee about a subsequent action to be taken by the committee. D. Teleconferencing and Videoconferencing – Section 54953 of the California Government Code sets forth the Brown Act requirements for teleconferencing and videoconferencing at SCAG meetings. SCAG has also established special requirements for the use of teleconferencing and videoconferencing that impose some additional restrictions beyond those of the Brown Act. The most significant aspects of the Brown Act’s requirements along with the specific requirements of SCAG are the following. (1) All teleconferencing and videoconferencing locations that will be utilized by one or more members of the SCAG legislative body must be identified in the meeting agenda and must be open to the public and include access for people with disabilities. Copies of the agenda of the meeting must be posted at all teleconferencing or videoconferencing locations. Hotel rooms, homes, business offices can all be used as teleconferencing or videoconferencing locations as long as they are identified in the agenda, have the agenda posted at the location and are properly open to the public. An automobile cannot be identified as a teleconferencing location. (2) During a teleconferenced or videoconference meeting, at least a quorum of the SCAG legislative body must be at a location within the boundaries of the SCAG Region.        Packet Page. 418 RC Approved 06/09/19, as amended through 09/05/24 Page 21 (3) If staff or consultants are to participate at a SCAG legislative body meeting to provide information or to be available to answer questions, the meeting location of such staff do not have to be placed on the agenda and the location does not have to be open to the public. A SCAG staff member can participate in a meeting by calling in from an undisclosed location or a train, bus or car, but such an option is not available to a member of the legislative body. (4) All votes taken at teleconferenced or videoconference meetings must be taken via roll call. (5) SCAG can elect to make additional teleconference or videoconference locations available to the public for any SCAG legislative body meeting. Members of a SCAG legislative body do not have to be present at every teleconference and videoconference location. (6) To facilitate the orderly, timely and expeditious conduct of regular or special meetings of all of SCAG’s legislative bodies, and in consideration of SCAG’s geographically diverse membership, the President may determine, after consultation with the Executive Director, that the General Assembly, Regional Council and any other SCAG committee or body, including but not limited to the Executive/Administrative Committee, will meet using teleconferencing and/or videoconferencing capabilities. Further, and notwithstanding any other provision of this Regional Council Policy Manual, the President may waive, after consultation with the Executive Director and legal counsel, certain provisions of teleconferencing and videoconferencing requirements set forth under Section D.1., D.2. and D.4. of this Article VI, to the extent such waiver(s) is/are permitted by and consistent with applicable law, executive order or any applicable public health order. E. Regular Meetings – A meeting that occurs at an established time and place set by an action of the Regional Council or other SCAG legislative body is a regular meeting. Notices and agendas for regular meetings must be posted at least 72 hours before the meeting. A regular meeting agenda can be amended as long as the amended agenda is posted 72 hours before the meeting. Items not on the agenda for a regular meeting can be added to the agenda at the meeting upon the affirmative vote of two‐thirds of the representatives/members present or a unanimous vote in the event of attendance of less than two‐thirds of the membership if there is a need to take immediate action on a matter that came to the attention of the SCAG legislative body (including staff) after the 72 hour agenda posting requirement had passed. Emergency matters may also be added to the        Packet Page. 419 RC Approved 06/09/19, as amended through 09/05/24 Page 22 agendas of regular meetings in accordance with the appropriate sections of the Brown Act, but the definition of an emergency matter (e.g. work stoppage, crippling activity, event which impairs public safety or health) means that such items will rarely, if ever, have to be addressed by a SCAG legislative body. F. Special Meetings – Special meetings may be called by the presiding officer of any SCAG legislative body after discussions with the SCAG Executive Director. Any meeting that is set for a time and place other than the time and place established for regular meetings is either a special meeting or an emergency meeting and emergency meetings are unlikely to be necessary for SCAG. Meetings of SCAG legislative bodies that meet infrequently and/or irregularly are special meetings. Notices and agendas for special meetings should be posted and delivered to every member of the legislative body and to others who have requested copies of such notices at least 24 hours before a special meeting. No business can be conducted at a special meeting except for the matters identified in the special meeting agenda; however, a legislative body can defer action on matters that are listed on the agenda for a special meeting. G. Public Participation – Every meeting of a SCAG legislative body must include an opportunity for members of the public to address the legislative body on any matter under the subject matter jurisdiction of the body. If the public comments are to be made in connection with an item on the agenda, time for the comments must be provided before the consideration of the item. As allowed by the Brown Act, the comments of members of the public at meetings of SCAG legislative bodies will generally be limited to three minutes, but this limit may be reduced by the presiding officer after consideration of the number of speakers and the time constraints of the agenda as long as any time limitations are fairly identified and implemented and not used restrict speech content. H. Meeting Disruptions – In accordance with Section 54957.9 of the Government Code, if a SCAG meeting is “willfully interrupted” and the “orderly conduct of the meeting” becomes unfeasible and if order cannot be restored by removal of the individuals who are disrupting the meeting, the presiding officer of the legislative body may order the meeting room cleared so that the meeting can be continued. Representatives of the press, if not participating in the disruption, may be allowed to attend the continued meeting session.        Packet Page. 420 RC Approved 06/09/19, as amended through 09/05/24 Page 23 I. Confidential Information from Closed Sessions – Section 54963 of the Government Code prohibits the distribution of any confidential information acquired by a person in attendance at a closed session of a SCAG legislative body. However, in accordance with Government Code section 54956.96, an Official Representative or Alternate of the General Assembly or a representative of a Member of the Regional Council or a member of a SCAG committee may disclose such confidential information to selected individuals if the information has financial or liability implications for the SCAG Member whose representative on the SCAG legislative body obtains the information. The individuals to whom the confidential information may be disclosed are: (1) legal counsel for the SCAG Member for the purpose of obtaining advice on the financial or liability implications of the confidential information; and (2) members of the legislative body of the SCAG Member who are present in a closed session meeting of that legislative body (e.g. city council).        Packet Page. 421 RC Approved 06/09/19, as amended through 09/05/24 Page 24 ARTICLE VII RULES OF PROCEDURE FOR THE CONDUCT OF MEETINGS A. Agendas ‐ The President of SCAG in the case of the Regional Council or the Chair of every SCAG Committee, Subcommittee and Task Force (which with the Regional Council are collectively referred to herein as “legislative bodies” or individually as “legislative body”) shall approve the agenda for every respective meeting based on guidance from the SCAG Executive Director and SCAG staff. Members of a SCAG legislative body may request that an item be placed on a subsequent meeting agenda during the designated part of a meeting. Should the presiding officer of a meeting refuse to approve inclusion of the requested agenda item, the member making the request may appeal that ruling to the Executive/Administration Committee, which shall consider the matter at the next regular meeting after the agenda item requested was refused by a presiding officer. Although agendas may list agenda items separately as “Action” or “Discussion” or “Information”, the SCAG legislative bodies may take action on any item or matter listed on an agenda and such shall be noted on every agenda of each of the SCAG legislative bodies. B. Meeting Schedules ‐ All meetings of SCAG’s legislative bodies shall comply with the Ralph M. Brown Act (Government Code 54950 et seq.) and shall be open to the public except when closed sessions are necessary for confidential discussions as allowed by the Brown Act. The meetings will start no earlier than the time identified in each meeting notice and agenda. Members of the public who wish to speak will be asked (but not required) to complete a request card to assist in the organization of all public comments. The time allocated for public comments will generally be early in a meeting agenda but comments relating to a specific agenda item may be heard immediately before said agenda item. All public comments should be addressed to the presiding officer of a meeting and not to a specific member of the legislative body. C. Advertising Presentations – No person shall be allowed to make a presentation or provide a report to the Regional Council that is for the purpose of advertising. “Advertising” for the purposes of this Policy Manual is defined as “promoting by making known, drawing attention to, publicly proclaiming or making conspicuous any item, service, project, development, or thing for financial        Packet Page. 422 RC Approved 06/09/19, as amended through 09/05/24 Page 25 benefit. This prohibition is not intended to prevent or preclude any person from addressing any SCAG legislative body during a public comment period to express his/her views or opinions on any matter within the subject matter jurisdiction of the SCAG legislative body. The presiding officer of any meeting will determine if a speaker’s remarks fall within the prohibition described earlier and may request that the speaker refrain from offering further remarks in such cases. D. Rules of Order – SCAG’s Rules of Order, which are summarized in Appendix B and described in the sections that follow, shall be supplemented and interpreted in accordance with the most recent version of Rosenberg’s Rules of Order, which are presented in Appendix C of this Policy Manual. In the event of a difference between Rosenberg’s Rules of Order and SCAG’s Rules of Order, the direction offered by SCAG’s Rules of Order shall prevail. E. Role of the Presiding Officer ‐ The presiding officer, assisted by legal counsel or SCAG staff when available, shall be well versed in the rules of parliamentary procedure since the presiding officer shall apply such rules throughout the conduct of a meeting and shall make a final ruling based on those rules whenever an action is taken. All decisions by the presiding officer are final unless the presiding officer is overruled by the legislative body itself. The presiding officer will generally play a less active role in any debate or discussion; however, the presiding officer has a right to participate fully in all debates, discussions and decisions. Generally, the presiding officer should not make a motion; or second a motion, unless it appears that no other member of the legislative body is likely to do so. F. Agenda Item Discussion and Request for Motion ‐ The presiding officer should introduce each agenda item and explain whether action will be required regarding the item or if it is for information only. The presiding officer should then invite the appropriate person or persons to report on the item and explain any recommendation that is being made. The presiding officer should then ask for questions or comments from members of the legislative body. If members of the public wish to make comments on the item and did not do so during the general public comment period, they will be afforded the opportunity to do so at this time.        Packet Page. 423 RC Approved 06/09/19, as amended through 09/05/24 Page 26 After all comments have been offered, the presiding officer should invite a motion if action is required on the item. After a motion is made, the presiding officer should identify the name of the individual making the motion and call for a second to ensure that there is sufficient support for the motion to make a vote be necessary. If there is a second, the presiding officer should name the individual making the motion and then call for a vote. If there is no second, the presiding officer may announce that the motion has failed for lack of a second and ask if another motion is to be offered. The presiding officer has the discretion to call for a vote without a second. Such an approach may be used when the legislative body is facing serious time constraints or support for considering the motion is obvious. Before proceeding further, the presiding officer should ensure that the legislative body understands the motion. If appropriate, and to avoid confusion, the presiding officer may repeat the motion, or ask the maker of the motion to repeat the motion, or ask a staff member or legal counsel to repeat the motion. Immediately prior to a vote, the presiding officer should invite discussion among any interested members of the legislative body. When the discussion has ended, the presiding officer should call for a vote. If the discussion has been lengthy, the presiding officer may again repeat the motion to ensure that all members of the Legislative Body understand the motion. G. Voting ‐ For large committees, and the Regional Council and the General Assembly, SCAG employs an electronic voting system that requires members of the Legislative Body to be logged‐in to be able to cast a vote. Members who leave a meeting prior to a vote are required to log out. The electronic voting system used by SCAG records all votes, including the names of members and their votes and the vote results with member names will be included in the minutes of the meeting. For smaller committees, it is not possible for SCAG to effectively employ electronic voting. Members of such a small committee will be asked by the presiding officer to indicate their vote by a show of hands or by verbally indicating “aye,” “nay” or “abstain.” As with electronic voting, the names of all members who voted and their vote will be included in the minutes of the meeting.        Packet Page. 424 RC Approved 06/09/19, as amended through 09/05/24 Page 27 The number of affirmative votes needed to pass or approve a motion are identified in SCAG’s Bylaws or in Article IV of this Policy Manual. When electronic voting is used, voting members of a legislative body must ensure that their vote is properly recorded by viewing the scrolling display of the votes that will be shown on the viewing screen immediately after the vote is tabulated. If an error occurs, the involved voting member should immediately identify the error to the presiding officer who will consult with legal counsel to determine if the error can be corrected in the official vote tally. Generally, a voting error can immediately be corrected in the official vote tally if identified prior to the presiding officer announcing the next item on the agenda. However, if an error is identified by a voting member after the next item has been announced by the presiding officer or upon the recommendation of legal counsel, the presiding officer may order that any attempt to address the identified error be handled through a Motion for Reconsideration or a Motion to Suspend a Rule, both of which are subsequently described in this Article. When electronic voting equipment is not employed because of equipment problems or any other reason, voting may be done by a show of hands, a roll call vote, or any other method announced by the presiding officer as long as it is possible for the SCAG clerk or staff member recording the vote to tabulate the name and vote of every voting member of the legislative body. Such tabulation is required for compliance with the Brown Act. H. Three Basic Motions and Friendly Amendments ‐ A main motion is used to put forth a matter for an action by the legislative body. A motion to amend is used if a member of a legislative body wishes to propose a changed or modified main motion. A substitute motion is used if a member of the legislative body wishes to replace the main motion with a different motion. The presiding officer shall determine if a motion is a motion to amend or a substitute motion. However, a substitute motion that simply proposes the opposite of the main motion may cause unnecessary delay and confusion and may be ruled to be out of order by the presiding officer. A friendly amendment may be used to save time and occurs when a member of the legislative body suggests an amendment (usually minor) to the main motion and the members who made and        Packet Page. 425 RC Approved 06/09/19, as amended through 09/05/24 Page 28 seconded the main motion agree to the friendly amendment. If either the maker of the main motion or the member who seconded it rejects the friendly amendment, then the proposer may formally move to amend the main motion. I. Multiple Basic Motions ‐ The presiding officer shall allow no more than three basic motions to be under consideration by a legislative body at one time. If an additional basic motion is offered, the presiding officer shall rule it as being out of order until all three of the basic motions that are before the legislative body have been resolved. In addressing multiple basic motions, the presiding officer shall proceed with the last motion first. If a substitute motion or a motion to amend passes, such action renders moot the motion for which there was a proposed substitution or the motion for which there was a proposed amendment. If a substitute motion or a motion to amend fails, then the prior motion must be voted upon. J. Motions regarding Pending Basic Motions ‐ The following motions if properly made and, at the discretion of the presiding officer, seconded, must be addressed before any action is taken on any of the basic motions that are pending before the legislative body. They are not debatable and may be passed by the number of affirmative votes identified in the SCAG Bylaws. (1) A motion to lay on the table, if passed, temporarily suspends any further discussion of the pending basic motion. The motion can contain a specific time at which the item and the related basic motion can be brought back to the legislative body or the motion may contain no specific time for the item to be returned. (2) A motion to return is used to bring back to the legislative body a basic motion that was tabled without a specific return date. The legislative body must approve such a motion before discussion of the tabled basic motion can resume. A motion that was tabled without a specific return date dies if it is not returned to the legislative body by the end of the next regular meeting of the legislative body. (3) A motion to move or call the question, if passed, immediately brings the matter being considered by the legislative body to a vote by suspending any further discussion or debate. The presiding officer can expedite matters by treating this motion as a “request” by asking if anyone in        Packet Page. 426 RC Approved 06/09/19, as amended through 09/05/24 Page 29 the body wishes to continue the discussion. If no one does, then a vote on the matter can immediately be taken without the need for a vote on the motion to call the question. (4) A motion to limit or extend the limit of debate, if passed, places a limit on the time allowed for discussion and debate of the pending basic motion or extends the time allowed for discussion and debate. (5) A motion to object to consideration of an item, if passed, prevents an item on the agenda from being discussed. (6) A motion to commit or refer, if passed, refers the matter to staff, a committee or a commission for further study. The motion may contain directions for the staff, committee or commission, as well as a date upon which the matter will be returned to the legislative body’s agenda. K. Motions of Courtesy and Convenience (1) Any voting‐eligible member of a legislative body may call for the agenda to be followed in the stated order. No second or vote is required and the presiding officer should return discussion to the proper agenda item. Any decision by the presiding officer to return to a specific agenda item or not return to a specific item can be appealed. (2) Any voting‐eligible member of a legislative body may make a motion for a recess. At the discretion of the presiding officer, a second may be required. The motion is not debatable. The presiding officer determines the length of the recess. (3) Any voting‐eligible member of a legislative body may make a motion to adjourn immediately or at a specific time, even if there is business pending. At the discretion of the presiding officer, a second may be required. The motion is not debatable. (4) Any voting‐eligible member of a legislative body may request that the presiding officer follow SCAG’s Rules of Order by raising a point of order. No second is required and no debate is allowed. The point of order shall be ruled upon by the presiding officer and the ruling of the presiding officer can be appealed.        Packet Page. 427 RC Approved 06/09/19, as amended through 09/05/24 Page 30 (5) Any voting‐eligible member of a legislative body may make of point of privilege to request that the presiding officer address a matter relating to the normal conduct of the meeting such as the volume of the microphones or the replaying of a video. No second is required. The ruling of the presiding officer can be appealed. (6) Should any voting‐eligible member of a legislative body be dissatisfied with a ruling from the presiding officer, the member may make a motion to appeal the ruling. A second may be required at the discretion of the presiding officer and debate is allowable. (7) Any voting‐eligible member of a legislative body may make a motion to suspend a rule of the legislative body in order to accomplish an action that would otherwise violate the rule. At the discretion of the presiding officer, a second may be required and debate is allowable. (8) In order to avoid confusion, the presiding officer may divide the subject matter of a motion into several parts and direct discussion and voting on each of the separate parts. Additionally, any voting‐eligible member of a legislative body may make a motion to divide the question into separate parts for discussion and voting. At the discretion of the presiding officer, a second may be required for such a motion. Debate is not allowed. (9) Except where prohibited by federal or state law or regulation, at the same meeting but no later than the next regular meeting of a legislative body, the legislative body may reconsider any vote taken in order to correct inadvertent or precipitant errors, or consider new information not available at the time of the vote. A motion to reconsider must be made by a voting‐eligible member of the legislative body who voted on the prevailing side in the earlier vote. A second is required at the discretion of the presiding officer and the motion is debatable. Any voting‐eligible member of the legislative body may second the motion. The motion to reconsider requires the number of affirmative votes specified in the SCAG Bylaws for all regular voting matters, regardless of the number of votes required to adopt the motion being reconsidered. If the motion to reconsider is successful, the matter to be reconsidered takes no special preference over the pending matters and any special voting requirements related thereto still apply. After all basic motions associated        Packet Page. 428 RC Approved 06/09/19, as amended through 09/05/24 Page 31 with an item have been voted upon or rendered moot, action on the item is deemed closed subject to a proper motion for reconsideration. (10) During the debate and discussion of a basic motion, the maker of the motion may withdraw the motion. The basic motion should immediately be considered to be withdrawn; however, the presiding officer may ask the member who seconded the motion if he might wish to make the motion. In addition, any other voting‐eligible member of the legislative body may make the same motion that was withdrawn. (11) Any voting‐eligible member of a legislative body may make a motion to require a roll call vote on any matter before the legislative body. A second may be required at the discretion of the presiding officer. Such a motion is not debatable. L. Courtesy and Decorum ‐ The presiding officer and the members of a legislative body must maintain courtesy and decorum throughout every meeting. Only one member should have the floor at a time and it is always best for a speaker to be recognized by the presiding officer before proceeding to speak. The presiding officer should ensure that all debate and discussion focus on each particular agenda item and not on personalities. The presiding officer should stop any discussion that is inappropriate. Although discussion and debate are appropriate, the presiding officer may find it necessary to limit both in the interests of time.        Packet Page. 429 RC Approved 06/09/19, as amended through 09/05/24 Page 32 ARTICLE VIII STIPENDS AND EXPENSE REIMBURSEMENTS A. General Stipend Payment Policy (1) The payment for a stipend of one hundred fifty dollars (hereinafter “Stipend”) will be calculated and authorized by the Office of Regional Council Support based on attendance records, attendance sheets or submitted expense reimbursement forms. (2) Requests for Stipend payments must be received by the Office of Regional Council Support no later than 45 days after the end of the month in which the meeting, event or activity was attended (e.g. February 14th deadline for a meeting attended on December 1st). B. Stipends for Representatives of Regional Council Members and SCAG Officers (1) Representatives of Regional Council Members and SCAG Officers shall receive a Stipend for attendance at SCAG‐clerked meetings or SCAG‐sponsored events (such as, the General Assembly, Regional Council meetings, Economic Summit, Demographic Workshop, etc.) or other authorized SCAG business activities. A Stipend will be authorized for each day of actual attendance at such SCAG‐clerked meetings, SCAG‐sponsored events or authorized activities. Stipends for business travel on behalf of SCAG‐clerked meetings, SCAG‐sponsored events or authorized activities will be authorized for days on which actual business is conducted and not for days that are devoted solely to travel. With regard to multiple meetings on a single calendar day, a Stipend will be authorized for attendance at every meeting that is at a different address. (2) A Stipend for attendance at SCAG‐clerked meetings shall be paid upon SCAG staff’s submission of attendance sheets, without a request for a Stipend payment. For all other non‐SCAG‐ clerked meetings, SCAG‐sponsored events and authorized activities, a request for a Stipend payment must be made in writing and contain information on the date, time, location and purpose of any such meeting and be submitted to the Office of Regional Council Support. Such requests must be approved by the SCAG President or SCAG’s Executive Director or his/her designee. Attendance at non‐SCAG‐clerked meetings, SCAG‐sponsored events or authorized activities shall be demonstrated by a signature on an attendance form, attendance records of SCAG staff at such meetings, or the submittal of an expense reimbursement form to the Office of Regional Council        Packet Page. 430 RC Approved 06/09/19, as amended through 09/05/24 Page 33 Support. (3) Representatives of Regional Council Members and SCAG Officers shall receive only one Stipend for attendance at one or both of the monthly Regional Council meeting and the same day meeting of the individual’s assigned SCAG Policy Committee (or a joint meeting of all of the Policy Committees). Attendance at SCAG‐clerked meetings will be recorded by SCAG staff. (4) Representatives of Regional Council Members and SCAG Officers shall receive a Stipend for meetings (including those over the telephone and those involving video‐ or teleconferencing) that are scheduled by SCAG’s President or by SCAG’s Executive Director or his/her designee. (5) Representatives of Regional Council Members may, in addition to any SCAG‐clerked meetings, receive up to six Stipends per month. SCAG’s First Vice President, Second Vice President and Immediate Past President may, in addition to any SCAG‐clerked meetings, receive up to nine Stipends per month. SCAG’s President may, in addition to any SCAG‐clerked meetings, receive up to twelve Stipends per month. C. Stipends for Other Elected Officials and Individuals serving in an Ex Officio Capacity (1) Other elected officials (i.e. those not serving as a representative of a Regional Council Member) serving on a SCAG Policy Committee or another SCAG Committee, Subcommittee or Task Force shall receive a Stipend for attendance at a Policy Committee, Committee, Subcommittee or Task Force meeting. (2) Other elected officials serving on a SCAG Policy Committee or another SCAG Committee, Subcommittee or Task Force shall receive a Stipend for attendance at a meeting (including those over the telephone or those involving video‐ or teleconferencing) when the attendance of the elected official is requested by the SCAG President or SCAG’s Executive Director or his/her designee. (3) A Stipend for other elected officials’ attendance at SCAG‐clerked meetings shall be paid upon SCAG staff’s submission of attendance sheets, without a request for a Stipend payment. For all other non‐SCAG‐clerked, SCAG‐sponsored events and authorized activities, attendance at all such meetings shall be demonstrated by a signature on an attendance form, attendance records of SCAG staff at such meetings, or the submittal of an expense reimbursement form to the Office of Regional Council Support. Other elected officials may, in addition to any SCAG‐clerked meetings, receive up        Packet Page. 431 RC Approved 06/09/19, as amended through 09/05/24 Page 34 to four Stipends per month. (4) Individuals serving in an ex officio capacity in any SCAG body including the Regional Council shall not be eligible for stipends or for the reimbursement of travel expenses (except for certain General Assembly expenses discussed elsewhere in this Policy Manual). (5) Notwithstanding subsection C(4) of this Article VIII, the representative from the private/business sector appointed by the President to serve on both the Regional Council and Executive/Administration Committee as an ex officio member is eligible to receive a Stipend (pursuant to the process provided in Article VIII.B) and reimbursement of travel expenses (as provided in Article VIII.F) for attending up to four (4) meetings per month consisting of the Regional Council, the Executive/Administration Committee, the General Assembly, the Economic Summit, and other SCAG events as the President or Executive Director may specifically request. D. Special Conditions for Stipends for the General Assembly (1) A representative of a Regional Council Member or a SCAG Officer or an elected official serving on a SCAG Policy Committee shall receive a Stipend for attendance at the General Assembly regardless of whether or not the individual serves as an Official Representative or Alternate at the General Assembly. (2) Stipends are not provided to Official Representatives or Alternates at the General Assembly unless those individuals are either a representative of a Regional Council Member or a SCAG Officer or a member of a SCAG Policy Committee. (3) Stipends for attendance at the General Assembly are not provided to individuals who serve in an ex officio capacity at the General Assembly; however, registration fees, hotel charges, parking costs and meal costs may be billed directly to SCAG or reimbursed if within the limits of this Article VIII. E. General Travel Policy (1) SCAG endeavors to maintain an accountable and cost‐effective travel policy. Such a travel policy must satisfy the following requirements: (a) be only business related; (b) use the most cost‐ effective travel options; (c) comply with all applicable SCAG requirements; (d) substantiate expenses as required; (e) return unspent advanced amounts or unused tickets or travel vouchers;        Packet Page. 432 RC Approved 06/09/19, as amended through 09/05/24 Page 35 and (f) mandate timeliness, accuracy and honesty in the reporting of all travel expenses. (2) Whenever reasonably possible, travel to SCAG meetings should be avoided if teleconferencing or videoconferencing is available for a meeting. (3) Requests for travel reimbursement must be received by the Office of Regional Council Support no later than 30 days after the close of the fiscal year in which the travel costs were incurred. (4) The Executive Director or his/her designee shall review all requests for travel reimbursements. F. Travel Policy for Representatives of Members of the Regional Council and SCAG Officers (1) Representatives of Regional Council Members and SCAG Officers who attend meetings on behalf of SCAG are eligible to receive travel reimbursement for: (a) actual costs of airplane, bus, train, rental car, shuttle, taxi or car service (e.g. Lyft); (b) miles travelled using a personal automobile; and (c) actual parking expenses. Mileage will be reimbursed at the prevailing federal reimbursement rate. Distances will be calculated based on the travel distance from the representative’s seat of government and the meeting location. An airplane, taxi, car service or rental car should be used only if is the best alternative considering both cost and time. Taxi, shuttle and car service gratuities should not exceed 15%. Parking at SCAG’s Los Angeles office will be validated. (2) International travel always requires advance approval of the Regional Council. (3) SCAG representatives of Regional Council Members and SCAG Officers should, whenever possible, use SCAG staff to arrange all air travel. Only economy air travel is allowed. Except for air travel, whenever possible representatives of Members of the Regional Council and SCAG Officers should make their own surface travel and lodging arrangements and obtain reimbursement from SCAG for all expenses incurred. If SCAG representatives make their own air travel arrangements and if the cost of airfare significantly exceeds costs regularly paid by SCAG for air travel, approval of SCAG’s President will be required before reimbursement will be made. (4) The cost of alcoholic beverages cannot be claimed for reimbursement. Meal allowances will not be paid if meal service is provided by SCAG (e.g. lunch at meetings of the Regional Council). The        Packet Page. 433 RC Approved 06/09/19, as amended through 09/05/24 Page 36 following allowances for meals and incidentals, or 150% (one‐hundred fifty percent) of the reimbursement amounts approved by the State of California, whichever is higher and which include an allowance for gratuities, shall apply and be reimbursed without receipts. Higher amounts may be approved by the Regional Council in the case of international travel. a. Breakfast costs of $10.50 if away from home or if travel begins from home to a meeting that starts at 10AM or earlier. b. Lunch costs of $16.50. c. Dinner costs of $34.50 if away from home or if the travel begins from home to a meeting that starts at or before 4PM and ends at or after 7PM. d. Incidental costs of $5 for each day involving an overnight stay away from home. (5) Lodging is reimbursable at the applicable government rate plus taxes if: (a) required for trips outside of the SCAG Region; (b) an individual is required to travel 50 miles or more one way for a SCAG‐related activity that begins at 10 AM or earlier; (c) an individual is required to attend a SCAG‐ related activity that begins at 1 PM or later and is required to attend a SCAG‐related activity the following day that begins at 10 AM or earlier; or (d) a member of the EAC, whose seat of government is outside of Los Angeles County, attends an EAC meeting that begins at 9 AM or earlier. If government lodging rates do not appear to be available, assistance should be requested from SCAG staff, if possible, to avoid paying above government rates. Lodging charges that are more than double standard government rates for the locale of the lodging will require approval of the SCAG President before reimbursement can be made. (6) All travel costs must be fully documented, as required, with receipts identifying the date and time the expenses were incurred, the location and the purpose of the travel or expense. The SCAG President or SCAG’s Executive Director or his/her designee must approve travel reimbursement requests without receipts in the case of lost or partial receipts. G. Travel Policy for Other Elected Officials and/or Appointed Members of SCAG Committees and Task Forces (1) Other elected officials (those not serving as Representatives of Regional Council Members) and appointed members of SCAG committees and task forces will generally not be asked to travel        Packet Page. 434 RC Approved 06/09/19, as amended through 09/05/24 Page 37 on behalf of SCAG except for meetings within the SCAG Region. The provisions of Section F above shall apply to any travel outside of the SCAG Region that is requested by SCAG. (2) Other elected officials and appointed members of SCAG committees may be reimbursed for travel expenses to meetings held within the SCAG Region if they are not reimbursed or provided a stipend from a public agency other than SCAG. Reimbursement will be limited to: (a) parking validation or actual parking costs; and (b) costs of round‐trip public transportation or round‐trip mileage at the prevailing federal mileage reimbursement rate. All such travel reimbursement requests will require complete documentation of all expenditures and will be approved by the SCAG President or SCAG’s Executive Director or his/her designee. Travel reimbursement requests that do not have appropriate documentation must be approved by the SCAG President or SCAG’s Executive Director or his/her designee.        Packet Page. 435 RC Approved 06/09/19, as amended through 09/05/24 Page 38 ARTICLE IX APPROVAL AND REPORTING THRESHOLDS AND DELEGATION OF APPROVAL AUTHORITY The following paragraphs identify those items that require approval by or reporting to the Executive/Administration Committee and the Regional Council and describe the process by which the Regional Council and the Executive Director may delegate approval authority to identified individuals. A. Contracts ‐ Any SCAG contract valued at or above $500,000 must be approved in advance by the Executive/Administration Committee and the Regional Council. Any SCAG contract valued at more than $25,000 but less than $500,000 must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the contracts by SCAG’s Executive Director or his/her designee. B. Contract Amendments – Any amendment to a SCAG contract, whose value alone or when added to all prior amendments either (1) causes the total contract value to cross the $500,000 threshold, or (2) exceeds $150,000 and 30% of the initial contract value, must be approved in advance by the Executive/Administration Committee and the Regional Council. Any amendment to a SCAG contract whose value alone or when added to all prior amendments exceeds $5,000 but is less than $150,000 and 30% of the initial contract value must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the amendments by SCAG’s Executive Director or his/her designee. C. Purchase Orders ‐ Any SCAG purchase order valued at or above $500,000 must be approved in advance by the Executive/Administration Committee and the Regional Council. Any SCAG purchase order valued at more than $5,000 but less than $500,000 must be reported as a Receive and File item on the agendas of the next regular meetings of the Executive/Administration Committee and the Regional Council following the execution of the purchase order by SCAG’s Executive Director or his/her designee.        Packet Page. 436 RC Approved 06/09/19, as amended through 09/05/24 Page 39 D. Fines and Penalties – Payment of any fine or penalty imposed upon SCAG in an amount equal to or greater than $10,000 must be approved before payment by the Executive/Administration Committee and the Regional Council. E. Claims and Litigation Matters – All claims made against SCAG and all litigation threats and lawsuits filed against SCAG must be reported to the Executive/Administration Committee and the Regional Council as soon as practical and before any significant SCAG response is undertaken. Litigation initiated by SCAG shall not commence without the approval of the Executive/Administration Committee and the Regional Council. Unless otherwise directed by the Regional Council, all claim and litigation settlements negotiated on behalf of SCAG must be approved by the Executive/Administration Committee and the Regional Council. F. Employee Settlements – The Executive Director or his/her designee may negotiate and approve employee termination settlements whose value does not exceed 12 months of salary and related benefits and which must be in accord with applicable state law. Settlements in excess of this limit shall require approval by the Executive/Administration Committee and the Regional Council. G. Grant Applications – The Executive Director or his/her designee is authorized to submit grant applications to funding agencies for projects or activities that are consistent with SCAG’s Mission. H. Delegation of Approval Authority by the Regional Council – By formal action taken at a regular or special meeting, the Regional Council may delegate to the Executive/Administration Committee or the Executive Director any of the approval authorities assigned to the Executive/Administration Committee and the Regional Council and described in this Article. I. Approval Authority of the Executive Director The Executive Director is authorized to approve on behalf of SCAG all matters and items described in this Article that are below the thresholds requiring Executive/Administration Committee and Regional Council approval or that are delegated to the Executive Director by the Regional Council. The Executive Director, in writing, may delegate to the Chief Operating Officer or any other SCAG Director or Manager the authority to approve any item for which the Executive Director has approval authority.        Packet Page. 437 RC Approved 06/09/19, as amended through 09/05/24 Page 40 ARTICLE X CALIFORNIA PUBLIC RECORDS ACT A. General ‐ SCAG is committed to transparency and to the complete and timely implementation of the requirements of the California Public Records Act (California Government Code Section 6250 et seq.). Accordingly, it is the policy of SCAG to respond to a request for a copy of a reasonably‐ described, identifiable public record with minimal delay and, in accordance with the timelines identified in the law unless the law provides an exemption from disclosure. SCAG staff shall work with any requesting party to assist in identifying public records. Only legal and reasonable restrictions shall be placed on requests for voluminous classes of documents or documents in electronic formats. B. Compilations – SCAG is not required to develop a list or record from an existing record or database or to develop a new record in order to respond to a request. SCAG shall endeavor to provide materials available from a database to satisfy a request but shall not commit the expenditure of resources to supply materials beyond what is required by law. C. Digital Imagery Data – Requestors who seek digital imagery data that has been collected or prepared under SCAG’s oversight or control shall be provided with paper copies of the data in order to ensure that the accuracy of the data is maintained. If such data is requested in an electronic format, SCAG may condition the release of the data on a written agreement that will prohibit the resale or publishing of the data. D. Exempt Records – Requests for records that are determined by SCAG to be confidential, privileged or otherwise exempt from disclosure shall be denied. SCAG shall make available reasonably segregated non‐exempt portions of records when possible and if requested to do so. E. Requests to Inspect Files – Public Records shall be open to inspections during SCAG’s business hours at SCAG’s headquarters in downtown Los Angeles. An appointment should be requested in writing along with a description of the records to be inspected. SCAG staff shall take those steps necessary to ensure that no inspected records are altered, removed or destroyed. If photocopies of        Packet Page. 438 RC Approved 06/09/19, as amended through 09/05/24 Page 41 inspected records are required, SCAG staff shall arrange for the copies to be made and provide them within 10 business days. F. Fees – The Public Records Act allows SCAG to be reimbursed for the direct costs of providing copies of public records. The Chief Finance Officer of SCAG shall determine the fees that are allowed by law and such fees will be due and payable in advance. Such fees may be waived or reduced at the discretion of the Executive Director or the Chief Financial Officer. G. Public Records in Private Email Accounts or on Private Electronic Devices – The California Supreme Court has determined that emails and text messages related to the conduct of the public’s business sent and received on the private electronic devices of public officials, employees and contractors are subject to disclosure as public records under the California Public Records Act. Communications that are primarily personal and contain no more than incidental discussions of the business of SCAG are not public records. Communications that are in the possession of a SCAG contractor may be considered owned by SCAG and in SCAG’s constructive possession based on the terms of the contractual relationship between SCAG and the contractor. Until and unless further guidance is provided by the courts, when SCAG receives a request for public records that may reside on the electronic device of a public official, employee or a SCAG contractor, SCAG will communicate the request to such individuals along with guidance on the requirements of the California Public Records Act and the time constraints associated with the request. SCAG will then reasonably rely upon such public official, employee or contractor to search his/her own personal files and devices and provide any public records to SCAG in timely fashion. H. Public Record Requests Applicable to SCAG Representatives – When SCAG receives a public record request applicable to one or more SCAG Representatives, SCAG staff shall, to the extent allowed by law or regulation, provide notice of the request to the involved SCAG Representatives and provide a copy of any materials to be provided in response to the public record request if desired by the involved SCAG Representatives.        Packet Page. 439 RC Approved 06/09/19, as amended through 09/05/24 Page 42 Appendix A SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS DISTRICT REPRESENTATIVE ELECTION PROCEDURES The notice for SCAG Regional Council District Elections is a two‐step process. 1. First Notice: Call for Candidates All elected members of a city council in a city that is a voting‐eligible member of SCAG and that is within the boundaries of a District are eligible candidates for District Representative. The First Notice is a call for candidates, notifying interested elected officials in the District to submit their name as a candidate for the District representative seat. SCAG staff will communicate the First Notice to all eligible candidates for a District Election at least 30 days in advance of the District Election and identify the date, time and location of the District Election. SCAG staff shall also communicate the First Notice to the city managers and city clerks of the cities within the respective District, as well as the District’s subregional organization. The First Notice may be communicated by electronic means or U.S. Mail. The First Notice will identify a contact point within SCAG for all communications regarding the District Election. Eligible elected officials who intend to be candidates for a District Election must notify the identified SCAG contact point in writing or by electronic communications no later than fourteen days after the date of the First Notice, or by the date specified in the First Notice. 2. Second Notice: Identification of Candidates Once the candidate notification period has ended, SCAG staff will provide a Second Notice to all elected members of the city councils from cities that are voting‐eligible members of SCAG and within the boundaries of the District.        Packet Page. 440 RC Approved 06/09/19, as amended through 09/05/24 Page 43 The Second Notice will identify all of the candidates and confirm the date, time and location of the District Election. The Second Notice will also be sent to city managers and city clerks of the cities in the District, as well as the District’s subregional organization. The Second Notice shall be sent by electronic communications or U.S. Mail by SCAG Staff and will request that a District Election Notice be posted in accordance with the requirements of the Brown Act. Other District Election Guidelines District Elections will be scheduled by SCAG staff in cooperation with the cities in each District. District Elections shall be held in conjunction with meetings of subregional organizations or the League of California Cities or at other times and locations identified by SCAG staff working in cooperation with the cities in a District. District Representatives shall be elected by a majority of the votes of those city council members present from voting‐eligible cities with a quorum. A quorum shall consist of at least one city council member present from at least two‐thirds of the voting‐eligible SCAG member cities in a District. For example, if District X is comprised of six member (6) cities, then at least one (1) local elected official from four (4) of the member cities within District X must be present to constitute a quorum. When a quorum is present, the election may be conducted. Nominations from the floor shall not be permitted. Proxy voting is not allowed. Teleconferencing is not allowed unless the President expressly authorizes, in writing, teleconference participation for a District election. In the event of a tie vote, additional balloting shall occur until a District Representative is elected. Elected officials from cities that are not voting‐eligible members of SCAG cannot vote and cannot be candidates for District Representative positions. If there is only one candidate, that individual shall be declared the District Representative and no election will be required.        Packet Page. 441 RC Approved 06/09/19, as amended through 09/05/24 Page 44 Special election are elections resulting from a vacancy of the District representative seat. These procedures may be followed for special elections of District representatives, but may be revised by SCAG staff based upon the circumstance. For example, the timing of the two‐step noticing process set forth herein may be shorted by SCAG staff, as necessary.        Packet Page. 442 RC Approved 06/09/19, as amended through 09/05/24 Page 45 Appendix B SUMMARY of SCAG’s RULES OF ORDER Three (3) Basic Motions Main Motion Motion to Amend Main Motion Substitute Motion Friendly Amendments must be accepted by maker of motion and seconder. No more than three (3) Basic Motions under consideration at one time. Motions Regarding Pending Basic Motions (no debate – seconds at discretion of presiding official) Motion to Lay on the Table Motion to Return from the Table Motion to Call the Question Motion to Limit or Extend Debate Motion to Object to Consideration of an Item Motion to Refer Courtesy and Convenience Motions Call for Agenda to be Followed (no debate, no second required) Motion for Recess (no debate, second discretionary) Motion to Adjourn (no debate, second discretionary) Point of Order (no debate, no second required) Motion to Appeal a Ruling (debate allowed, second discretionary)        Packet Page. 443 RC Approved 06/09/19, as amended through 09/05/24 Page 46 Motion to Suspend a Rule (debate allowed, second discretionary) Motion to Divide a Question (no debate, second discretionary) Motion to Reconsider (no later than next meeting, made by voter on prevailing side, second discretionary, debate allowed) Motion for Roll Call Vote (no debate, second discretionary) Motion to Withdraw (no debate, no second, others may make withdrawn motion)        Packet Page. 444 RC Approved 06/09/19, as amended through 09/05/24 Page 47 Appendix C ROSENBERG’s RULES OF ORDER        Packet Page. 445 MAIN OFFICE 900 Wilshire Blvd., Ste. 1700 Los Angeles, CA 90017 Tel: (213) 236-1800 www.scag.ca.gov REGIONAL OFFICES Imperial County 1503 N. Imperial Ave., Ste. 104 El Centro, CA 92243 Tel: (213) 236-1967 Orange County OCTA Building 600 S. Main St., Ste. 1108 Orange, CA 92868 Tel: (213) 630-1599 Riverside County 3403 10th St., Ste. 805 Riverside, CA 92501 Tel: (951) 784-1513 San Bernardino County 1170 W. Third St., Ste. 140 San Bernardino, CA 92410 Tel: (213) 630-1499 Ventura County 4001 Mission Oaks Blvd., Ste. L Camarillo, CA 93012 Tel: (213) 236-1960 PLEASE RECYCLE // AJ2 REPORTS        Packet Page. 446