HomeMy WebLinkAbout09-01-2021 Agenda PacketCITY 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
WEDNESDAY, SEPTEMBER 1, 2021
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez John Valdivia Damon L. Alexander
COUNCIL MEMBER, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Robert D. Field
MAYOR PRO TEM, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, WARD 4 CITY CLERK
Ben Reynoso
COUNCIL MEMBER, WARD 5
Kimberly Calvin
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
o Written comment on any item may also be submitted to the City Clerk to be included in the meeting
record by emailing publiccomments@sbcity.org or http://sbcity.tiny.us/comments by 4:00 p.m.. It will
not be read aloud.
o Verbal Public Comments will be in person
o Those who wish to speak on public or quasi-judicial hearing items will have three minutes for each item.
o Please contact the City Clerk’s Office (909) 384-5002 two working days prior to the meeting for any
requests for reasonable accommodation to include interpreters.
To view PowerPoint Presentations, written comments, or any revised documents for this
meeting date select the link https://sbcity.tiny.us/090121agendabackup
o From the City’s homepage www.sbcity.org select the Government category -> City Clerk -> on the
Navigation menu select Search for Records Online -> Council Agendas -> Current Year 2021 ->
Meeting Date
Regular Meeting Agenda September 1, 2021
Mayor and City Council of the City of San Bernardino Page 2 Printed 8/27/2021
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Council Member, Ward 1 Theodore Sanchez
Mayor Pro-Tem, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Ben Reynoso
Council Member, Ward 6 Kimberly Calvin
Council Member, Ward 7 Damon L Alexander
Mayor John Valdivia
City Manager Robert D. Field
City Attorney Sonia Carvalho
City Clerk Genoveva Rocha
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
(HR & CA)
(B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government
Code Section 54957):
Title: City Attorney
(MCC)
Regular Meeting Agenda September 1, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 8/27/2021
CITY MANAGER UPDATE
MAYOR AND CITY COUNCIL UPDATES
PRESENTATIONS
1. San Bernardino County Fire Department EMS Update
2. SB1383 Cal Recycle Presentation
3. Prostate Cancer Awareness Month - September 2021
4. National Library Card Sign-Up and Literacy Month - September 2021
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
APPOINTMENTS
5. Electoral Redistricting Advisory Committee (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Tobin A. Brinker to the Electoral Redistricting
Advisory Committee representing Ward 3 with the term ending when the City’s ward
map based upon the 2020 U.S. Census date is adopted by the Mayor and City
Council. Council Staff has verified that appointee is a registered voter within the
City.
CONSENT CALENDAR
6. Approval of the Mayor and City Council Meeting Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the June 16, 2021, Mayor and City Council
meeting.
7. Approved Minutes for the January, February, June, and July 2021, City's
Boards, Commissions & Citizen Advisory Committee Meetings
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City's Boards, Commissions, and
Citizen Advisory Committee Meetings, approved in February, June, July, and
August 2021.
8. Authorization to Pay Inland Library System Proportional Pension Liability (All
Wards)
Recommendation
Adopt Resolution No. 2021-216 of the Mayor and City Council of the City of San
Regular Meeting Agenda September 1, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 8/27/2021
Bernardino, California, authorizing the Finance Director to appropriate an amount
not to exceed $150,000 to pay the City of San Bernardino’s proportional share of
the Inland Library Services pension liability.
9. Software Services Agreement with OpenGov for Budgeting and Planning
Software (All Wards)
Recommendation
Adopt Resolution No. 2021-217 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional
Services Agreement between the City of San Bernard ino and OpenGov Inc. for
Software Services.
10. An Ordinance Amending Chapter 9.90 of the San Bernardino Municipal Code,
Granting Arrest Authority to the Business Registration Department Violations
of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code (All Wards)
Recommendation
Adopt Ordinance No. MC-1563 of the Mayor and City Council of the City of San
Bernardino, California, amending Chapter 9.90 of the San Bernardino Mu nicipal
Code, granting arrest authority to the Business Registration Department for
violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code.
11. Contract Award for Library Book Purchases (All Wards)
Recommendation
Adopt Resolution No. 2021-215 of the Mayor and City Council of the City of San
Bernardino, California, approving an agreement award with Ingram Library
Services, LLC, for the purchase of library books in an amount not to exceed
$85,000 for Fiscal Year 2021/22.
12. Senior Nutrition Program Grant Award FY 2021/22 (All Wards)
Recommendation
Adopt Resolution No. 2021-219 of the Mayor and City Council of the City of San
Bernardino, California to:
1. Ratify the Grant Budget submittal and accept the Grant Award of $305,122;
2. Authorize the Director of Finance or designee to amend the FY 2021/2 2 adopted
budget to reflect grant revenue and expenditures, accordingly; and
3. Approve certain related purchase orders for continued operation of the Senior
Nutrition Program for the period of July 1, 2021 through June 30, 2022.
13. Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
Wards)
Recommendation
Adopt Resolution No. 2021-218 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept and administer the
Fiscal Year 2021/22 California Office of Traffic Safety (OTS) Selective Traffic
Enforcement Program (STEP) grant and authorizing the Director of Finance to
amend the Fiscal Year 2021/22 Adopted Budget, effective July 1, 2021.
Regular Meeting Agenda September 1, 2021
Mayor and City Council of the City of San Bernardino Page 5 Printed 8/27/2021
14. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 10, Tax Zone No. 11
(Lankershim Industrial LP) (Ward 1)
Recommendation
Adopt Resolution No. 2021-220 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino,
adopting a map of the area to be proposed (Annexation No. 10) and authorizing the
levy of a special taxes therein.
15. Installation of Stop Signs at Various Locations (Ward 2,4,7)
Recommendation
Adopt Resolution No. 2021-221 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 655 entitled, in part, “A
Resolution… designating certain streets or portions thereof as through highways…”
and authorizing the establishment of an all-way stop control at the following
intersections of Del Rosa Avenue and Marshall Boulevard (4-way) and Mountain
View Avenue and 16th Street (4-way).
16. Resolution Declaring Intent to Annex Territory: Community Facilities District
No. 2019-1 (Maintenance Services): Annexation No. 9, Tax Zone No. 10
(Central Commerce Center) (Ward 3)
Recommendation
Adopt Resolution No. 2021-222 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino,
adopting a map of the area to be proposed (Annexation No. 9) and author izing the
levy of a special taxes therein.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
17. Penalty for Landlords Failing to Register for the Crime Free Multi-Housing
Program - Mayor Pro Tem Ibarra
18. City Support for Future Downtown Public Events - Council Member Theodore
Sanchez
19. Smart City Project Presentation by Honeywell - Mayor John Valdivia
REPORTS ON CONFERENCES/MEETINGS ATTENDED
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,
September 15, 2021 in the Council Chamber located at 555 West 6th Street, San Bernardino,
California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00
p.m.
Regular Meeting Agenda September 1, 2021
Mayor and City Council of the City of San Bernardino Page 6 Printed 8/27/2021
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify
that the agenda for the September 1, 2021 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 San Bernardino Public Library located at 555 West 6th Street, San Bernardino, California,
and on the City’s website sbcity.org on Friday, August 27, 2021.
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, City Clerk
Regular Meeting Agenda September 1, 2021
Mayor and City Council of the City of San Bernardino Page 7 Printed 8/27/2021
NOTICE: Any member of the public may address this meeting of the Mayor and City
Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency on any item appearing on the agenda by approaching the
microphone in the Council Chamber when the item about which the member desires to
speak is called and by asking to be recognized.
Any member of the public desiring to speak to the Mayor and City Council and the
Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency
concerning any matter not on the agenda but wh ich 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 comm ents. Said total period for public
comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor
and City Council and the Mayor and City Council Acting as the Successor Agency to the
Redevelopment Agency. A three minute limitation shall apply to each member of the
public, unless such time limit is extended by the Mayor and City Council and the Mayor
and City Council Acting as the Successor Agency to the Redevelopment Agency. No
member of the public shall be permitted to “share” his/her three minutes with any other
member of the public.
Speakers who wish to present documents to the governing body may hand the
documents to the City Clerk at the time the request to speak is made.
The Mayor and City Council and the Mayor and City Council Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for app ropriate 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 Redev elopment 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 Sectio n 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.
Page 1
Closed Session
City of San Bernardino
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Subject: Closed Session
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
i. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
(HR & CA)
(B) PUBLIC EMPLOYEE PERFORMANCE EVALUATION (Pursuant to Government
Code Section 54957):
Title: City Attorney
(MCC)
Packet Pg. 8
Page 1
Presentation
City of San Bernardino
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
Subject: San Bernardino County Fire Department EMS Update
1
Packet Pg. 9
Page 1
Presentation
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: SB1383 Cal Recycle Presentation
2
Packet Pg. 10
SB 1383
An Overview of SB 1383’s
Organic Waste Reduction
Requirements
Reducing Short-Lived
Climate Pollutants in
California
City Council Meeting
2.a
Packet Pg. 11 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Greenwaste
7%Woodwaste
9%
Other
Organics
9%
Foodwaste
13%
Paper
14%
Non
Organic
waste
48%
Organic Waste Is the Largest Waste Stream in California
CALIFORNIA
DISPOSED OF
APPROXIMATELY 24
MILLION TONS OF
ORGANIC WA STE IN
2018
CAL IFORNIA THROWS
AWAY MORE THAN 6
MILLION TONS OF
FOOD WAS TE EVERY
YEAR!
1 IN 5 CALIFORNIANS ARE
FOOD INSECURE
2.a
Packet Pg. 12 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
CLIMATE CHANGE NEGATIVELY IMPACTS CALIFORNIA
Landfilled Organic Wa ste Emits
Methane Gas—
A S uper Pollutant
More Powerful than C02
Methane Gas Contributes to
Climate Change in California
2.a
Packet Pg. 13 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
2025
2025
REGULATIONS TAKE EFFECT2022
2020
SB 1383 Requirements
50% REDUCTION IN LANDFILLED ORGANIC WASTE
(11.5 Million To ns Allowed Organic Wa ste Disposal)
75% REDUCTION IN LANDFILLED ORGANIC WASTE
(5.7 Million To ns Allowed Organic Wa ste Disposal)
20% RECOVERY OF CURRENTLY DISPOSED EDIBLE
FOOD FOR HUMAN CONSUMPTION
2.a
Packet Pg. 14 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
New Statewide Programs to Reduce Super Pollutants
Food &Organics
Wa ste Collection
Low er GHGs =
1.7 million few er cars a ye ar
Edible Food to Food Insecure
Millions of meals
to 1 in 5 food
insecure in CA
New and Expanded Recycling
15,000 green jobs
Recycled Organics Products
10,000 refuse trucks or 5,700 buses
powered by renewable fuels
27 million tons of
organic waste not
landfilled
2.a
Packet Pg. 15 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
SB 1383 Key Implementation Dates
2016-2019
September
2016
SB 1383
Adopted
Jan.2019
Tw o Years of
Informal Rulemaking
Ends. Formal
Rulemaking Begins
Summer/Fall 2020 20% Increase in
Edible Food
Recovery
75%Reduction
in Organics
Disposal
January 1,2025
2025
Regulations Require
Local Governments
to Ta ke Enforcement
Jan. 1,2024
20242023
Regulations Ta ke
Effect and State
Enforcement
Begins
Jan. 1,2022
20222021
Jan. 1,2020
50 Percent
Reduction in Organic
Waste Disposal
2020
Regulations
Adopted
2.a
Packet Pg. 16 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Monitor Compliance
and Conduct
Enforcement
Secure Access to
Recycling and Edible
Food Recovery Capacity
Procure Recyclable and
Recovered Organic
Products
Conduct Education and
Outreach to Community
Establish Edible Food
Recovery Program
Provide Organics
Collection Services to All
Residents and Businesses
Jurisdiction Responsibilities
2.a
Packet Pg. 17 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Public
Transportation
Fleets
Environmental
Health
Public
Parks
Public
Works
Purchasing
Finance
Legal
City Manager
CAO
City Council
Board of
Supervisors
SB 1383 doesn’t just apply
to waste management and
recycling departments.
Every local department
plays a role in SB 1383
implementation.
SB 1383 IN ACTION
LOCAL GOVERNMENT
ROLES AND
RESPONSIBILITIES
2.a
Packet Pg. 18 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Tier 1
Wholesale Food Ve ndors
Food Service Providers &
Food Distributors
Grocery Stores
Fa cilities • 10,000 sq.ft.
Supermarkets
Restaurants
Facilities • 5,000 sq.ft.
Hotels
with on-site food
facility and • 200 rooms
Large Ve nues and
Events
Local Education
Agencies
with on-site food facility
Health Facilities
with • 100 beds and
on-site food facility
Tier 2
Starts 2024
State Agencies
with cafeterias
H
9
Federal
Facilities
COMMERCIAL EDIBLE FOOD GENERATORS (ARTICLE 10)
(SECTIONS 18991.3 –18991.5)
2.a
Packet Pg. 19 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Annual Compliance
Reviews
Route Reviews,
Inspections,
Notice of Violations,
Penalties for
Violators
Compliance
Monitoring &
Enforcement
2024
Annual
Compliance
Reviews,Route
Reviews,
Inspections
Educate Violators
Education
2022-2024
Adopt an Ordinance
(Enforceable
Mechanism)
Including
Enforcement
Ordinance
2022
JURISDICTION REQUIREMENTS
Compliance
Monitoring &
Monitor Compliance and
Conduct Enforcement
SB 1383 IN ACTION
INSPECTION AND
ENFORCEMENT
REQUIREMENTS
2.a
Packet Pg. 20 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
If Violations
•Issue Notices of
Violation
•May Au thorize
Corrective
Action Plan
•Allows up to 24
months to
address barriers
outside of a
jurisdiction’s
control
Oversee and
Monitor for
Compliance
Jurisdiction Review
•Conduct joint
inspections with
jurisdictions
•Review
Implementation
Record
Au thorize Wa ivers
•Low Population
•Rural Areas
•Elevation
Emergency
Circumstances
Oversee and Monitor
•State Agencies
and Facilities
•Local Education
Agencies
CALRECYCLE OVERSIGHT (BEGINS IN 2022)
STAT E
ENFORCEMENT
2.a
Packet Pg. 21 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Mandatory Organics Disposal
Reduction Ordinance
Franchise
Agreement
Food Recovery
Agreement
Procurement
Policy
Model Implementation Tools
2.a
Packet Pg. 22 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
STAY
ENGAGED
SLCP Listserv:
https://www2.calrecycle.ca.gov/Listservs/
Subscribe/152
SLCP Homepage:
https://www.calrecycle.ca.gov/organics/slcp
Contact your LAMD Liaison or email:
SLCP.Organics@calrecycle.ca.gov
Yo uTube Video:
https://www.youtube.com/
watch?v=erExJ0k8Vvw
2.a
Packet Pg. 23 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Disclaimer
This guidance tool was developed by CalRecycle as a courtesy for informational and
example purposes only. Use of this tool is optional and is not a regulatory requirement.
In the event of any conflict with this guidance tool or information herein, applicable
statutory and regulatory provisions shall control. This tool and information herein are
based on known facts and legal authority as understood by CalRecycle at the time of
release. Any analysis, guidance, or other information herein may be subject to change
based on changed facts or legal authority, actual or understood, subsequent to the time
of this communication. The provision of this guidance tool and any analysis, guidance,
or other information herein shall not be construed as a waiver of any rights or remedies
available to CalRecycle. Recipients of this communication are encouraged to seek the
assistance of legal counsel to comply with applicable state law based on their pertinent
facts and circumstances.CalRecycle makes no representation that use of this tool will
ensure compliance with regulatory requirements. The user assumes all risk and
CalRecycle accepts no responsibility or liability to any person because of the use of, or
reliance upon, this tool or the information herein.
2.a
Packet Pg. 24 Attachment: Senate Bill 1383 Presentation - CalRecycle [Revision 1] (7368 : SB1383 Cal Recycle
Page 1
Presentation
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: Prostate Cancer Awareness Month - September 2021
3
Packet Pg. 25
A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING
SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH IN THE
CITY OF SAN BERNARDINO
PROSTATE CANCER AWARENESS MONTH
SEPTEMBER 2021
WHEREAS, prostate cancer is the most frequently diagnosed cancer in men and
the second leading caus e of cancer deaths in men; and
WHEREAS, the American Cancer Society estimates there will be 191,930 new
cases of prostate cancer in the USA in 2021, resulting in an estimated 33,330 deaths; and
WHEREAS, it is estimated 20,160 men in California will be diag nosed with
prostate cancer this year and it is estimated 3,890 California men will die from this
disease this year; and
WHEREAS, Black men in the USA and Caribbean have the highest documented
prostate cancer incidence rates in the world; and
WHEREAS, early prostate cancer usually has no symptoms and studies suggest
s trong familial predisposition may be responsible for 5% to 10% of the disease cases; and
WHEREAS, late s tage prostate cancer commonly spreads to the bones, which can
cause pain in the hips, spine, ribs, or other areas in the body; and
WHEREAS, the 5-year survival rate appro aches 100% when prostate cancer is
diagnosed and tre ated early, but drops to 31% when it spreads to the other parts of the
body; and
WHEREAS, the rapid reduction in prostate cancer mortality is attributed to early
detection through PSA testing and advancement in treatment; and
WHEREAS, the American Cancer Society recommends that men should have an
opportunity to make an informed decision about whether to be tested for prostate cancer
based on their personal values and preferences; and
WHEREAS, the City of San Bernardino joins communities across our nation to
incre ase the awareness about the importance for men to make an informed decision with
their health care provider about early detection and testing for prostate cancer.
NOW THEREFORE BE IT RESOLVED, that the City of San Bernardino Mayor and
City Council, do hereby proclaim
September 2021
as
“PROSTATE CANCER AWARENESS MONTH”
Dated September 1, 2021
We urge all San Bernardino City residents, citizens, and businesses to join
communities across our nation to increase awareness of the importance for men to make
an informed decision with their health care provider regarding early detection and testing
for prostate cancer. Together, we can express the importance of Prostate Cancer
awareness, and encourage all citizens to participate in educational support, awareness,
and prevention during the month of September and throughout the year.
3.a
Packet Pg. 26 Attachment: Attachment 1 - Prostate Cancer Awareness Month - September 2021 [Revision 2] (8494 : Prostate Cancer Awareness Month -
Page 1
Presentation
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: National Library Card Sign-Up and Literacy Month - September
2021
4
Packet Pg. 27
A PROCLAMATION OF THE MAYOR AND CITY COUNCIL OF THE
CITY OF SAN BERNARDINO, CALIFORNIA, PROCLAIMING
SEPTEMBER AS PROSTATE CANCER AWARENESS MONTH IN THE
CITY OF SAN BERNARDINO
NATIONAL LIBRARY CARD SIGN-UP & LITERACY
MONTH SEPTEMBER 2021
WHEREAS, in observance of September being National Library Card Sign-Up and
Literacy Month, patrons are encouraged to visit one or more of the four San Bernardino
Public Libraries, either in person to sign-up for a regular library card or virtually at
www.sbpl.org to sign up for a digital library card to utilize online resources; and
WHEREAS, people visit in person or virtually, libraries offer endless opportunities
to tr ansform lives through education and lifelong learning; and
WHEREAS, in addition to patrons checking out books and doing research our
libraries offer various free activities, such as pre-school story time, crafts, workshops,
author visits, entertainment programs, literacy services and various classes to he lp
people improve their lives without cost; and
WHEREAS, our online services for remote learners including eBooks and
eAudiobooks, homework help via chat and others have been more val uable than ever to
our patrons during the pandemic; and
WHEREAS, libraries help change lives in their communities, serving people of every
age, education level, ethnicity and physical ability; and
WHEREAS, more than 23,000 people have our library card; and
WHEREAS, San Bernardino Public library offers Literacy tutoring through the
Jack L. Hill Lifelong Learning Center, providing services to adults, children, and families.
Everyone is invited to participate in the many activities and events offered in the
Learning Center, encouraging lifelong learning and developing workforce training and
skills; and
WHEREAS, our San Bernardino Public Library has served our community for 130
years and if there is any city that can benefit from a free public library, it is here.
NOW THEREFORE BE IT RESOLVED, that the City of San Bernardino Mayor
and City Council, do hereby proclaim
September 2021
as
“NATIONAL LIBRARY CARD SIGN-UP & LITERACY MONTH”
Dated September 1, 2021
4.a
Packet Pg. 28 Attachment: Attachment 1 - National Library Card Sign-Up and Literacy Month - September 2021 [Revision 2] (8504 : National Library Card Sign-
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Juan Figueroa, Council Member, Ward 3
Subject: Electoral Redistricting Advisory Committee (Ward 3)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Tobin A. Brinker to the Electoral Redistricting
Advisory Committee representing Ward 3 with the term ending when the City’s ward
map based upon the 2020 U.S. Census date is adopted by the Mayor and City Council.
Council Staff has verified that appointee is a registered voter within the City.
Background
The Electoral Redistricting Advisory Committee was established by Re solution No.
2021-70 on April 7, 2021.
Discussion
The Electoral Redistricting Advisory Committee is an advisory body to the Mayor and
City Council and will consist of seven members with one resident from each ward. The
purpose of the committee is to allow for active participation, engage community
members and provide recommendations to the Mayor and City Council regarding the
establishment of ward boundaries based upon the 2020 U. S. Census data, taking into
consideration the following factors:
(a) Population;
(b) Topography;
(c) Geography;
(d) Cohesiveness, contiguity, integrity, and compactness of territory, and
(e) Communities of interests.
While serving on the committee, a member may not be a candidate for office, nor can
they endorse, work for, volunteer for, be an immediate family member of, or make a
campaign contribution to, a candidate for any City elective office. Each member of the
committee shall serve without compensation; participation in the Committee is
temporary and will terminate when the Mayor and City Council adopt the City’s ward
map based upon the 2020 U. S. Census data.
2020-2025 Key Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
5
Packet Pg. 29
8526
Page 2
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Tobin A. Brinker to the Electoral Redistricting
Advisory Committee representing Ward 3 with the term ending when the City’s ward
map based upon the 2020 U.S. Census date is adopted by the Mayor and City Council.
Council Staff has verified that appointee is a registered voter within the City.
Attachments
Attachment 1 Commission Application - Tobin A. Brinker
Attachment 2 Resolution No. 2021-70
Ward: 3
Synopsis of Previous Council Action:
April 7, 2021 Resolution No. 2021-70 establishing the Electoral Redistricting
Advisory Committee was adopted.
5
Packet Pg. 30
5.a
Packet Pg. 31 Attachment: Commission Application_Brinker.Redacted (8526 : Electoral Redistricting Advisory Committee (Ward 3))
5.a
Packet Pg. 32 Attachment: Commission Application_Brinker.Redacted (8526 : Electoral Redistricting Advisory Committee (Ward 3))
5.a
Packet Pg. 33 Attachment: Commission Application_Brinker.Redacted (8526 : Electoral Redistricting Advisory Committee (Ward 3))
5.b
Packet Pg. 34 Attachment: Attachment 2 - Resolution No. 2021-70 (8526 : Electoral Redistricting Advisory Committee (Ward 3))
5.b
Packet Pg. 35 Attachment: Attachment 2 - Resolution No. 2021-70 (8526 : Electoral Redistricting Advisory Committee (Ward 3))
5.b
Packet Pg. 36 Attachment: Attachment 2 - Resolution No. 2021-70 (8526 : Electoral Redistricting Advisory Committee (Ward 3))
5.b
Packet Pg. 37 Attachment: Attachment 2 - Resolution No. 2021-70 (8526 : Electoral Redistricting Advisory Committee (Ward 3))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Genoveva Rocha, City Clerk
Subject: Approval of the Mayor and City Council Meeting Minutes
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the minutes from the June 16, 2021, Mayor and City Council
meeting.
6
Packet Pg. 38
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
DRAFT MINUTES
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, 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, JUNE 16, 2021
5:30 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to
order at 6:00 PM by Mayor John Valdivia on Wednesday, June 16, 2021, via Web-Conference,
San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Mayor Pro-Tem, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present 6:06 PM
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
John Valdivia Mayor Present
Robert D. Field City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Mayor John Valdivia
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
6.a
Packet Pg. 39 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 2 Printed 6/17/2021
CLOSED SESSION PUBLIC COMMENT
Harry Hatch, San Bernardino Ward 7, commented that the Mayor should recuse
himself from the discussion related to Conference with Legal Counsel due to the cases
involving him, and stated it was a conflict of interest and a violation of the Brown Act.
Nancy Harmon, San Bernardino Ward 7, spoke regarding the Mayor participating in
Closed Session and commented that legal action should be filed against the Mayor for
illegal use of public funds for his own benefit.
Treasure Ortiz, San Bernardino, stated she was concerned that RDICO would sue the
Mayor for comments he made and expressed that the Mayor should be excluded from
closed session discussion about any issues involving himself.
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1):
a. Jackie Aboud v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVDS203562
b. Karen Cervantes v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012538
c. Mirna Cisneros v. John Valdivia, et al., San Bernardino Superior Court
Case No. CIVDS2012926
d. Donald Smith v. John Valdivia, et al., San Bernardino Superior Court Case
No. CIVSB2025375
e. Matthew Brown v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVSB2025900
f. Andrea Miller v. City of San Bernardino, et al. II, San Bernardino Superior
Court Case No. CIVDS2015337
g. Sedna Mosley v. City of San Bernardino, et al., San Bernardino Superior
Court Case No. CIVDS2022209
h. Arrowhead Professional Center, et al. v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS1909462
i. EEL Holdings, Inc., LLC v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1906467
j. KP Investments v. City of San Bernardino, San Bernardino Superior Court
Case No. CIVDS1909577
k. Riznhead Inc., et al. v. City of San Berna rdino, San Bernardino Superior
Court Case No. CIVDS2005179
l. SB Pharma Holdings, Inc., et al. v. City of San Bernardino, San
Bernardino Superior Court Case No. CIVDS1914576
m. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior Court Case No. CIVDS1905710
n. Washington, LLC, et al. v. City of San Bernardino, San Bernardino
Superior court Case No. CIVDS192251
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956.9(d)(4)):
Three Items
6.a
Packet Pg. 40 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 3 Printed 6/17/2021
(C) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Significant exposure to litigation (Pursuant to Government Code Section
54956.9(d)(2)): One Item - Notice of Claim, Montecito Equities, Ltd., dated
November 20, 2020.
(D) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code
Section 54957.6):
Agency designated representatives: City Manager or designee;
Employee organization: San Bernardino Police Officers
Association
(E) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to
Government Code Section 54956.8):
Property Address: Carousel Mall Property, 43 acres
Agency Negotiator: Robert D. Field, City Manager or designee
Negotiating Parties: Renaissance Downtown USA/ICO Real Estate Group
Under Negotiation: Price and Terms
Mayor Valdivia left Closed Session at 6:30 p.m. to tend to personal phone calls and
Mayor Pro-Tem Ibarra presided over the remaining Closed Session items.
INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Joshua Beckley from Ecclesia Christian Fellowship led the invocation and
Pledge of Allegiance to the Flag.
CLOSED SESSION REPORT
City Attorney Sonia Carvalho informed that regarding Item (B), Conference with Legal
Counsel - Anticipated Litigation, the Mayor and City Council unanimously approved the
filing of a receivership case to address code enforcement issues at two properties
located at 1526 W. Highland and 824 Campus Way. Regarding Item (C), Conference
With Legal Counsel - Anticipated Litigation, a one year towing agreement with Montecito
Equities was also unanimously authorized. There was no further reportable information.
City Attorney Carvalho also mentioned that there was no reportable action after the
Special Closed Session meeting at 4:30 pm today.
*The City Council reconvened into Closed Session after the discussion of the Consent
Calendar.
CITY MANAGER UPDATE
City Manager Rob Field spoke on the Rental Assistance Program. He mentioned that
the City is seeing quite a bit of traffic in the portal already and encouraged residents in
rental distress to apply for assistance at www.sbcityrent.com.
MAYOR AND CITY COUNCIL UPDATES
Council Member Sanchez spoke informed that in -person City Council meetings would
resume in July at Feldheym Central Library and invited the public to participate in
person.
6.a
Packet Pg. 41 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 4 Printed 6/17/2021
Council Member Shorett offered his condolences to former Mayor Pat Morris f or his wife
Sally passing away. He spoke about touring the Amazon warehouse and informed the
public that Amazon was currently hiring. Council Member Shorett acknowledged his late
mother’s 105th birthday.
Council Member Reynoso also offered his condolences to former Mayor Pat Morris. He
announced Little League is officially opening July 24th. He informed 5th Ward residents
that the E Street “Bend” has closed off a lane due to extreme fire risk from illegal
fireworks.
Council member Calvin gave a shout out to Parks and Rec staff. She informed that
pools in the City are open, there will be movie night at Anne Shirrells park, and cooling
centers are almost open.
Council Member Alexander offered his condolences to former Mayor Pat Morris and to
Commissioner Fritz. He wished all the fathers of San Bernardino a Happy Father’s Day.
He did “Walk with a Councilman” on June 5th on Orchid St.. On June 7th, he and Council
Member Reynoso attended the Cajon High School graduation. He congratulated the
debutantes of Alpha Kappa Alpha sorority on their coming out. He informed that Council
Members take the issue of fireworks very seriously.
Mayor Valdivia sent his deep appreciation to the many individuals who showed up to the
State of the City. He also thanked City employees for their contributions to the City. He
wished the fathers of the community a Happy Father’s Day. He congratulated high
school graduates.
PRESENTATIONS
1. Community Risk Reduction Applications Presented By: Fire Marshal/Deputy
Fire Warden Mike Horton; Deputy Fire Marshall Adam Panos; Assistant Fire
Marshal Tom Strong and Assistant Fire Marshal Brian Headley.
Fire Marshal Mike Horton gave a presentation about Community Risk Reduction
applications regarding damage assessment, vacant buildings, and illegal fireworks
reporting in the City.
Mayor Valdivia left the meeting after the presentation, at 8:13 p.m.
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
Anonymous, San Bernardino, commented that selling and use of illegal fireworks has
been an issue for many years. She suggested using different methods to identify who
the users of the illegal fireworks are and enforce restrictions and penalties.
Leo Duley, Abigail Moya, Rosie Vicencio, Juan Serrrano Christina, Matthew
Abrego, Nancy Lightenfelder, Anna Moya, Pam Komiker Michelle Fish, Nicole
Sanchez, Myron Saspasara, Jose Moya, Jenna Senchek, Jeanine Walsh, Angel
Villa, David, Rhiannon, and Angelica Moya, San Bernardino, spoke in support of
6.a
Packet Pg. 42 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 5 Printed 6/17/2021
Item No. 14. They stated that police dispatchers should be able to separate from the
general union and form their own union to represent them.
Juvenal Castaneda, Michael, Leno Padilla, Reyna Segoria, Shavani, Pastor Kelvin
Ward, Anonymous, John Allen, Rafael Delgado, Connie Gonzales, Adam, Mark,
Roger Villa, David Martinez, Terrance Stone, Jesus Reyes, Sergio Luna, Keisha
McGee, Gabriel Cannon, unintelligible*, George Guerrero, Valerie Ortiz, Rick
Martinez, Dawn Thomas, Rocio, Father Manuel Cardoza, Brionnes, Clyde Marty,
Michael Segura, Anna Hamilton, Dave Deegan, San Bernardino, all spoke in support
of providing $1.5 million dollars in funding to the Violence Intervention Program (VIP).
They informed that this organization does a lot for the community and the funds would
greatly assist them.
Larry Johnson, San Bernardino, spoke about the use of illegal fireworks in San
Bernardino. He would like Mayor and City Council to put illegal fireworks on the agenda.
Evelyn Dunmore, San Bernardino, requested that the issue of illegal fireworks in the
City be put on the calendar.She informed that some of her relatives suffer from PTSD
and the fireworks affect them.
Harry Hatch, San Bernardino, spoke about Item No. 1 and thanked the County Fire
Department for their new fireworks reinforcement program. He commented that the City
needs to rewrite the fireworks Ordinance.
Hardy Brown, San Bernardino, commented on Item No. 16. He reminded the Council
that last year, they recognized racism as a problem, and commended them for hiring a
diversity inclusion officer on City staff. He stated that there is still nepotism in the police
department.
Nancy Harmon, San Bernardino, requested that Mayor and City Council change the
fireworks ordinance to be in line with State laws. She also asked Council to proceed
with pursuing legal action against the Mayor.
Donna Contreras, San Bernardino, spoke about illegal fireworks and requested that
the Mayor and City Council address the situation.
Keith Wizneski, San Bernardino, called and thanked Council members for doing their
job in their investigation of the Mayor. He expressed that he would like the City Manager
to be fired for assisting the Mayor with illegal activities.
Nadine Cheney, San Bernardino commented on illegal fireworks in the City. She
stated that fireworks create fire danger and contribute to bad air quality. She would like
the City nonprofits who rely on proceeds from fireworks sales to seek other sources of
funds.
6.a
Packet Pg. 43 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 6 Printed 6/17/2021
Robert Porter, San Bernardino thanked the Council for their votes yesterday and for
distancing themselves from improper behavior by the Mayor. He stated that the Mayor
should either help the City or resign.
Kathy Kimball, San Bernardino spoke about illegal fireworks going off in her
neighborhood. She stated that the fireworks ordinance should be changed.
Jeffrey Scott, San Bernardino, spoke in support for Item No. 29. He stated that this
project will be great for union carpenters.
Rachel Arzu, San Bernardino, commented on Item No. 5 and inquired what the City is
going to do about the Carousel Mall. She would like the City to contract with community
organization Covenant House.
Kathleen Croke, San Bernardino, spoke about illegal fireworks in the City. She stated
that fireworks torment people and animals, and it is time for Mayor and City Council to
act.
Treasure Ortiz, San Bernardino, commented on the City’s budget. She expressed that
the Council is not acting in the citizens’ favor regarding the budget. She wants the
Mayor to stop abusing his power.
Angel Esparza, San Bernardino, spoke in support of Item No. 5. He hopes that
Council will make this project a reality and give local residents an opportunity to work in
the City they live in.
Paige Miller, San Bernardino, thanked City Staff for their work on the animal shelter.
She requested more information regarding the homeless crisis and low income housing
and requested that Mayor and City Council discuss arson fires with the Police
Department.
Lizeth Mendoza, San Bernardino, commented on the policy against street vendors.
She states that vendors are being assaulted and police officers don’t help them.
APPOINTMENTS
2. Charter Review Commission Appointment (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Roxana M. Barrera to the Charter
Review Commission representing Ward 1 with the term end ing December 2022.
Council Staff has verified that appointee is a registered voter within the City.
3. Charter Review Commission Reappointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the reappointment of Rabbi Hillel Cohn to the Charter Review
6.a
Packet Pg. 44 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 7 Printed 6/17/2021
Commission representing Ward 4 with the term ending December 2022. Council
Staff has verified that appointee is a registered voter within the City.
4. Downtown Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Kenesha L. Boyd to the Do wntown
Advisory Committee representing Ward 4 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
5. Downtown Advisory Committee Appointment (Mayor)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Scott Morse to the Downtown Advisory
Committee representing the Mayor with the term ending December 2022.
No action was taken on Item No. 5.
6. General Plan Advisory Committee Appointment (Ward 2)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Amelia S. Lopez to the General Plan
Advisory Committee representing Ward 2 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the City.
Council Member Alexander requested that a separate motion be taken f or Item No. 7
RESULT: APPROVED THE APPOINTMENTS OF ITEM 2, 3, 4, and 6: MS.
BARRERA, RABBI COHN, MS. BOYD, and MS. LOPEZ. CARRIED
7-0 Passed Unanimously
MOVER: Damon Alexander, Ward 7
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, Alexander
NOES: None
7. General Plan Advisory Committee Appointment (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the C ity of San Bernardino,
California, approve the appointment of Mr. James L. Mulvihill to the General Plan
Advisory Committee representing Ward 4 with the term ending December 2022.
Council Staff has verified that appointee is a registered voter within the C ity.
Council Members Alexander and Reynoso expressed their reasoning for opposing the
appointment of Mr. Mulvihill.
6.a
Packet Pg. 45 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 8 Printed 6/17/2021
RESULT: APPOINTMENT OF JAMES L. MULVIHILL TO THE GENERAL
PLAN ADVISORY COMMITTEE. MOTION FAILED 4-3
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Figueroa, Shorett, Calvin
NOES: Ibarra, Reynoso, Alexander
DISCUSSION
8. Transfer Gun Buyback Funding (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San B ernardino,
California, review and consider options for reprogramming the unused funding
appropriated for the gun buyback program in FY 2020/21 to support other safety
and homeless service outreach programs.
Council Member Calvin stated she had requested this item to be considere d for a future
meeting; however, it had not made it on the agenda. She informed that several
Neighborhood Association Committee (NAC) members and Lt. Kohrell had discussed
using some of the funds to purchase solar lighting to distribute to the residents at
National Night Out. Council Member Calvin also stated she was in favor of using some
of the funding for the VIP Program. Regarding the gift cards , she acknowledged some
of the funds would be returned to State Bros and that the police department was still in
possession of an estimated $4,000.
Council Member Shorett inquired about the amount left in cash and gift cards.
Acting Chief McBride explained that $4,300 was left in gift cards from local businesses,
and $23,700 remained in the City account that co uld be expended.
Council Member Calvin reiterated her preference to use part of the funding to purchase
solar lighting for National Night .Out, as discussed with the NAC members and .Lt.
Kohrell, along with funding for the VIP Program.
Acting Chief McBride clarified that Lt. Kohrell was present at the NAC meeting;
however, she had not made any recommendations on the expenditure of the money.
Council Member Calvin acknowledged that Lt. Kohrell had not made a recommendation
but had agreed to assist the NAC members with the project.
Acting Chief McBride reiterated that Lt. Kohrell had been present at the meeting for the
discussion; however, she did not agree to the dispersal of money; she did not have that
authority.
Mayor Pro-Tern inquired if the money was going to the General Fund.
Council Member Calvin asked Acting Chief McBride if the police department could
assist the Neighborhood Association with the project. He responded that further
discussion was necessary to see what the project entailed if the City Council authorized
an expenditure, the police department would coordinate with the Neighborhood
Association.
6.a
Packet Pg. 46 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 9 Printed 6/17/2021
City Manager Field informed that the money was currently in the General Fund;
however, Council's action would reallocate the funds.
RESULT: DIRECTED STAFF TO USE THE FUNDS FOR NATIONAL NIGHT
OUT TO PROVIDE RESIDENTS WITH SOLAR PORCH LIGHTING
IN COLLABORATION WITH THE NEIGHBORHOOD
ASSOCIATION COUNCIL AND THE SAN BERNARDINO POLICE
DEPARTMENT, (CARRIED, 7-0) - Passed Unanimously
MOVER: Kimberly Calvin, Ward 6
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
9. General Plan Status Update and General Plan Advisory Committee
Composition (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Receive and file the update on the General Plan; and
2. Adopt Resolution No. 154, repealing Resolution No. 2021-02 and re-establishing
the General Plan Advisory Committee.
Community and Economic Development Director Michael Huntley provided a
presentation to City Council regarding the status of the General Plan Project. The
reasons for repealing Resolution No. 2021-02 were discussed.
Council Member Calvin questioned the General Plan Advisory Committee appointments
given to the Mayor at the January 20, 2021 meeting.
City Clerk Rocha informed of the timeline of events related to the revised staff report
and Resolution No. 2021-02. She explained that there was an administrative error
during the process and explained the steps staff would take to avoid similar issues in
the future.
City Manager Robert Field apologized for staff’s mistakes regarding the resolution and
thanked Council Member Calvin for bringing the issues to his attention.
6.a
Packet Pg. 47 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 10 Printed 6/17/2021
RESULT: Received and filed the update on the General Plan and Adopted
Resolution No. 2021-154, repealing Resolution No. 2021-02 and
re-establishing the General Plan Advisory Committee. CARRIED
7-0 Passed Unanimously
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
PUBLIC HEARINGS
11. Approval of the Fiscal Year 2021/22 Proposed Operating Budget, Capital
Improvement Program, and Appropriations Limit Calculation (All Wards)
Recommendation
Adopt Resolution No. 2021-138 of the Mayor and City Council of the City of San
Bernardino, California approving the City of San Bernardino’s Operating Budget
and Capital Improvement Program (CIP) for FY 2021/22 and establishing the
City’s Appropriations Limit as required by Article XIII of the California State
Constitution.
Mayor Pro Tem Ibarra opened the public hearing at 10:10 p.m. and directed staff to
present the staff report. Barbara Whitehorn provided a presentation about the proposed
operating budget.
City Clerk Rocha stated that there were no public comments regarding this item. The
public hearing was closed at 10:13 pm.
RESULT: Adopted Resolution No. 2021-138 of the Mayor and City Council
of the City of San Bernardino, California approving the City of
San Bernardino’s Operating Budget and Capital Improvement
Program (CIP) for FY 2021/22 and establishing the City’s
Appropriations Limit as required by Article XIII of the California
State Constitution. CARRIED 6-1
MOVER: Damon Alexander, Ward 7
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Shorett, Reynoso, Calvin, and Alexander
NOES: Figueroa
DISCUSSION (continued)
10. Potential Amendments to the FY 21/22 Adopted Budget and Measure S
Committee Recommendations (All Wards)
Recommendation
Review and provide direction to staff regarding amendments to the FY 2021/22
Adopted Budget requested by members of the City Council for consideration and
receive recommendations from the Measure S Committee.
6.a
Packet Pg. 48 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 11 Printed 6/17/2021
City Council and staff discussed the American Rescue Fund Plans. There was
consensus among City Council that they would be able to vote on each of the twelve
items presented individually. Each item was presented as Line Item 1, Line Item 2, etc.
and denoted as such in the results.
RESULT: Reviewed and provided direction to staff regarding amendments
to the FY 2021/22 Adopted Budget requested by members of the
City Council for consideration and received recommendations
from the Measure S Committee.
THE TWELVE LINE ITEMS WERE APPROVED AS FOLLOWS:
1.CODE ENFORCEMENT,STAFF.Approved staff recommendation
of one Code Enforcement Officer and one Administrative
Assistant. CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
2. POLICE, STAFF. Approved staff recommendation of four
Community Service Officers- Civilian Support Staff, two Criminal
Investigation Officers- Civilian Support Staff, and two Forensic
Specialists- Civilian Support Staff, with the addition of five
additional patrol officers. CARRIED 7-0
MOVER: Theodore Sanchez, Ward 1
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
3.THREE MOBILE CAMERA UNITS. Approved council’s
recommendation of three mobile camera units. CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
4. CITY JAIL REOPENER AND CONTRACT SUPPORT
SERVICES. Approved staff alternative of “None”. CARRIED 6-1
MOVER: Fred Shorett, Ward 4
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: Alexander
(continued on next page)
6.a
Packet Pg. 49 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 12 Printed 6/17/2021
5. DIVERSITY INCLUSION OFFICER. Approved council
recommendation and staff alternative (same recommendation) of
a Diversity Inclusion Officer.
CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin and Alexander
NOES: None
6. CONTRIBUTION TO RISK MANAGEMENT RESERVE, UNTIL
$5M REACHED. Approved staff alternative of “evaluate and
determine seed funding source and funding method”. CARRIED
7-0
MOVER: Fred Shorett, Ward 4
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
7. ONE ASSISTANT CITY MANAGER - Denied council
recommendation and staff alternative (same recommendation) of
an Assistant City Manager position. CARRIED 4-3
MOVER: Sandra Ibarra, Ward 2.
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Reynoso, and Calvin
NOES: Figueroa, Shorett, Alexander
8. ADDITIONAL FUNDING FOR VIOLENCE INTERVENTION
PROGRAM. Tabled item and will bring back at a future meeting.
CARRIED 4-3.
MOVER: Sandra Ibarra, Ward 2
SECONDER: Ben Reynoso, Ward 5
AYES: Ibarra, Figueroa, Reynoso, and Calvin
NOES: Sanchez, Shorett, Alexander.
9. ANNUAL ALLOCATION TO THE CALIFORNIA THEATER/SAN
BERNARDINO SYMPHONY.Approved Council’s recommendation
of annual allocation of $75,000. CARRIED 6-0 with Council
Member Alexander recused.
MOVER: Theodore Sanchez, Ward 1
SECONDER: Ben Reynoso, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: None
(continued on next page)
6.a
Packet Pg. 50 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 13 Printed 6/17/2021
10. TWO POOL MAINTENANCE COORDINATORS. Approved staff
alternative of “None”. CARRIED 6-1
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Alexander
NOES: Calvin
11. ADDITIONAL PARKS SECURITY. Approved council
recommendation and staff alternative (same recommendation) of
additional parks security. CARRIED 7-0
MOVER: Ben Reynoso, Ward 5
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: None
12. ADDITIONAL FUNDING FOR PUBLIC WORKS EQUIPMENT.
Approved council recommendation and staff alternative (same
recommendation) of additional funding for Public Works
equipment. CARRIED 7-0
MOVER: Damon Alexander, Ward 7
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin
NOES: None
PUBLIC HEARINGS (continued)
12. Resolution to Determine/Confirm Assessments and Proceedings for Unpaid
Solid Waste Collection Services (All Wards)
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. 2021-137 of the Mayor and City Council of the City of San
Bernardino, California, making determinations and confirming assessments and
proceedings for unpaid solid waste collection services.
Mayor Pro Tem Ibarra opened the public hearing at 11:21 P.M. and asked staff to
present the staff report. Deputy Public Works Director Alex Qishta provided a
presentation regarding assessments and proceedings for unpaid solid waste collection
services.
The City Clerk stated that there were no public comments regarding this item. The
public hearing was closed at 11:25 pm.
6.a
Packet Pg. 51 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 14 Printed 6/17/2021
RESULT: Adopted Resolution No. 2021-137 of the Mayor and City Council
of the City of San Bernardino, California, making determinations
and confirming assessments and proceedings for unpaid solid
waste collection services. CARRIED 5-2
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 2
AYES: Sanchez, Ibarra, Shorett, and Alexander
NOES: Reynoso, Calvin
CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single
motion unless a Council or staff member has pulled the item for more discussion.
RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NOS.
21, 26 and 29, CARRIED 7-0 – Passed Unanimously
MOVER: Fred Shorett, Ward 4
SECONDER: Theodore Sanchez, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
13. Approving Job Descriptions and Classifications and Amending the Salary
Schedule (All Wards)
Recommendation
Adopt Resolution No. 2021-139 of the Mayor and City Council of the City of San
Bernardino, California, approving the job descriptions and classifications for Lead
Animal Control Officer and Economic Development Project Manager; amending the
citywide salary schedule for full-time, part-time, temporary, and seasonal positions;
and repealing Resolution No. 2021-32.
14. Reconsideration of the Petition for Recognition Filed by the SBPDA (All
Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, reconsider recognition of the San Bernardino Police Dispatch Association
(SBPDA) as the majority representative for the Police Dispatcher I and Police
Dispatcher II positions for the purposes of employer-employee relations with the
City and adopt Resolution No. 2021-140 granting their request.
15. License Amnesty and Fee Waivers (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-141 authorizing the Director of Animal Services to enact a
temporary amnesty program waiving late fees and penalties for dog licenses; and
6.a
Packet Pg. 52 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 15 Printed 6/17/2021
2. Adopt Resolution 2021-160 authorizing the Director of Animal Services to enact
reduced or waived fees.
16. First Amendment to Landscape & Irrigation Maintenance Agreement - Inland
Empire Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-142 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the First Amendment to the Vendor Service
Agreement with Inland Empire Landscape, Inc., for landscape maintenance in
Assessment District No. 1024 (Area I).
17. First Amendment to Landscape & Irrigation Maintenance Agreements -
Willowbrook Landscape (All Wards)
Recommendation
Adopt Resolution No. 2021-143 of the Mayor and City Council of the City of San
Bernardino, California, authorizing First Amendments to the Vendor Service
Agreements with Willowbrook Landscape Co., Inc. for the Mai ntenance of
Landscaping in Area G, Area H, and Area J.
18. Amendments to Landscape & Irrigation Maintenance Agreements – RP
Landscape (Ward All)
Recommendation
Adopt Resolution No. 2021-144 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager or designee to execute the
First Amendment and a one year extension to the Vendor Service Agreement with
RP Landscape & Irrigation for landscape and irrigation maintenance services for 31
city-owned sites; and the Second Amendment and a one year extension to the
Vendor Service Agreement for RP Landscape & Irrigation for landscape
maintenance at the City’s north, central and south park sites.
19. Appropriation of Funds for Fleet Services Budget (All Wards)
Recommendation
Adopt Resolution 2021-145 of the Mayor and City Council of the City of San
Bernardino, California;
1. Authorizing the appropriation of funds in the amount of $110,000 from General
Fund to Fleet Services (Fund 635) for the remainder of FY 2020/21; and
2. Authorizing a $35,800 increase to Annual Purchase Order No. 2021-207 to
Southern California Gas pursuant to Section 3.04.010 b-3 of the Municipal Code
for the purchase of CNG fuel; and
3. Authorizing a $58,400 increase to Annual Purchase Order No. 2021-114 to Merit
Oil Company pursuant to Section 3.04.010 b-3 of the Municipal Code for the
purchase of fuel.
6.a
Packet Pg. 53 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 16 Printed 6/17/2021
20. FY 2020/21 Year-End Budget Adjustments (All Wards)
Recommendation
Adopt Resolution 2021-146 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Director of Finance to amend the FY 2020/21
budget for technical adjustments necessary to conform to the financial reporting
best practices as recommended by the Government Finance Officers Association
(GFOA).
21. Construction Contract Award – Storm Drain Repair at Various Locations (All
Wards)
Recommendation
Adopt Resolution No. 2021-147 of the Mayor and City Council of the City of San
Bernardino, California:
1. Approving the award of a construction contract agreement with TRYCO General
Engineering in the amount of $565,020, to provide the construction of Storm Drain
Repair At Various Locations ("Project"); and
2. Authorizing the project construction, construction contingencies, and engineering &
inspection costs in the total amount of $750,000 for the Project; and
3. Authorizing the Director of Finance to allocate additional funding in the amount
of$308,452.12 from Storm Drain DIF Fund (248) to the Project (Account number
248-160-8672*5504) to fully fund the project co nstruction, construction
contingencies, and engineering & inspections; and
4. Authorizing the City Manager or designee to expend the contingency fund, if
necessary, to complete the project.
Council Member Reynoso asked staff to include the Meyers Creek Storm Drain in this
project.
Staff advised that the project would have to be re-bid to include that additional storm
drain.
Deputy Director of Public Works Alex Qishta informed that the project would be
considered in the following year’s CIP budget.
RESULT: Adopted Resolution 2021-147 with the inclusion of the Meyers
storm drainage CARRIED 7-0 – Passed Unanimously
MOVER: Ben Reynoso, Ward 5
SECONDER: Sandra Ibarra, Ward 2
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
6.a
Packet Pg. 54 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 17 Printed 6/17/2021
22. Irrevocable Agreement to Annexation No. 2021-364 (Ward 4)
Recommendation
Adopt Resolution No. 2021-148 of the Mayor and City Council of the City of San
Bernardino, California, approving the application to the Local Agency Formation
Commission to provide City sewer services to a property within unincorporated
territory located at 4270 North 4th Avenue (APN 0265-093-15) and authorizing the
City Manager to execute an Irrevocable Agreement to Annex.
23. Second Reading of Small Cell Ordinance MC-1560 (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, conduct a final reading and adoption of Ordinance MC-1560 amending
the San Bernardino Municipal Code to add to Title 12 Chapter 12.05, “Right-of-Way
Permits - Wireless Facilities”.
24. Request Purchase Authorization for Annual Usage, Software and Maintenance
Agreements for Fiscal Year 2021-2022 (All Wards)
Recommendation
Adopt Resolution 2021-149 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the issuance of Fiscal Year 2021/22 Purchase
Orders for the annual usage fees, software and or hardware suppor t with Accela
Corporation, Earth Science Research Institute (ESRI), Konica Minolta, Tyler
Technologies, and Verizon Cellular as outlined in the report.
25. Notice of Availability of Surplus Land - Arden Guthrie (Ward 7)
Recommendation
Adopt Resolution No. 2021-150 of the Mayor and City Council of the City of San
Bernardino, California, acting as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, declaring City-owned property fronting
Highland Avenue on the north, 20th Street on the south, Arden Avenue on the
east, and Guthrie Street on the west and commonl y known as Arden Guthrie, as
non-exempt surplus land; approve the form of Notice of Availability attached to the
resolution; and direct the City Manager to comply with the requirements of the
Surplus Land Act, Government Code, Section 54220 et seq.; and finding the action
exempt from CEQA for the disposition of Arden Guthrie.
26. Resolution Adopting Design and Development Standards for Wireless
Facilities in Public Right-Of-Way and Resolution Establishing a Fee Schedule
for Wireless Encroachment Permits (Ward All)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2021-151 containing design and development standards for
wireless facilities in the public right-of-way; and
2. Adopt Resolution 2021-152 establishing a fee schedule for wireless
6.a
Packet Pg. 55 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 18 Printed 6/17/2021
encroachment permits to install wireless facilities in the public right-of-way under
City Municipal Code Chapter 12.05.
Council Member Calvin asked if this fee schedule affects future cost. Staff confirmed
that they do not.
RESULT: Adopted Resolution 2021-151 containing design and
development standards for wireless facilities in the public right-
of-way; and adopted Resolution 2021-152 establishing a fee
schedule for wireless encroachment permits to install wireless
facilities in the public right-of-way under City Municipal Code
Chapter 12.05. CARRIED 7-0 – Passed Unanimously
MOVER: Theodore Sanchez, Ward 1
SECONDER: Fred Shorett, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
27. Senior Companion Program - First Year of a Three Year Grant Award (All
Wards)
Recommendation
Adopt Resolution 2021-153 of the Mayor and City Council of the City of San
Bernardino, California, to:
1. Ratify the submission of a grant application for the first year of a 3-year grant with
the Corporation for National and Community Service’s Senior Companion
Program; and
2. Accept the Grant Award in the amount of $324,812.
28. Approval of Commercial and Payroll Disbursements (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California approve the commercial and payro ll disbursements for May and June
2021.
29. Update Regarding Negotiations with Renaissance Downtown USA/ICO Real
Estate Group (RDICO) for the Carousel Mall Property (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of Sa n Bernardino,
California, receive and file an update regarding the negotiations with Renaissance
Downtown USE/ICO Real Estate Group (RDICO) for the Carousel Mall property.
6.a
Packet Pg. 56 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 19 Printed 6/17/2021
City Council discussed concerns about negotiations with RDICO and the development
of the Carousel Mall Property. Council Member Alexander motioned, and Council
Member Calvin seconded the motion to develop an Ad Hoc Committee of Council
members to work with staff regarding negotiations with RDICO and report back to
Council. There was no opposition from the City Council. After listening to City Attorney
Carvalho’s legal recommendations, Mayor Pro Tem Ibarra appointed Council Members
Calvin, Sanchez, and Shorett to the Ad Hoc Committee.
RESULT: Received and filed an update regarding the negotiations with
Renaissance Downtown USE/ICO Real Estate Group (RDICO) for
the Carousel Mall. CARRIED 7-0 – Passed Unanimously
MOVER: Fred Shorett, Ward 4
SECONDER: Damon Alexander, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, Calvin, and Alexander
NOES: None
30. First Amendment to the Interim Golf Course Management Agreement for the
Operations and Maintenance of the Shandin Hills Golf Course (Ward 5)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-161 authorizing the City Manager to execute
the First Amendment to the Interim Golf Course Management Agreement between
the City of San Bernardino and CF Shandin Hills ARCIS LLC extending the term by
60 days.
31. Escheatment of Unclaimed Funds in Accordance with Escheatment of
Unclaimed Money Policy (All Wards)
Recommendation
Adopt Resolution 2021-155 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the transfer of unclaimed evidence funds to the
General Fund.
32. February 2020, April and May 2021, City Board, Commission, and Citizen
Advisory Committee Approved Minutes (All Wards)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the approved minutes from the City’s February 2020,
April 2021 and May 2021, Boards, Commissions & Citizen Advisory Committee
meetings.
33. Letter of Support for FXI, Inc., for the California Competes Tax Credit
Application (Ward 1)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the City Manager to execute the Letter of Support for FXI, Inc.
6.a
Packet Pg. 57 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Regular Meeting Agenda June 16, 2021
Mayor and City Council of the City of San Bernardino Page 20 Printed 6/17/2021
34. Resolution to Authorize the CALNET/Next Gen Contract for Verizon Cellular
and Data Network Services (All Wards)
Recommendation
Adopt Resolution 2021-156 of the Mayor and City Council for the City of San
Bernardino, California, authorizing the City Manager to execute the CALNET/Next
Gen Services contract with the State of California for the delivery of Verizon Cellular
and Data Network Services.
35. Imposing Liens to Recover Costs for Code Enforcement Abatements (Wards
1, 2, 3, 4, 6, 7)
Recommendation
Adopt Resolution No. 2021-157 of the Mayor and City Council of the City of San
Bernardino, California, imposing liens on certain real property located within the City
San Bernardino for the costs of public nuisance abatements.
36. Purchase and Sale Agreement for 301, 321 & 325 West 40TH Str eet (Ward 4)
Recommendation
Adopt Resolution No. 2021-158 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Purchase and
Sale Agreement with Shab El-aawar Trust for the properties located at 301, 321 &
325 West 40th Street.
37. Subordination of Deed of Trust - 4349 N. Perishing Ave (Ward 4)
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, acting as the Successor Housing Agency to the Redevelopment Agency
of the City of San Bernardino, adopt Resolution No. 2021-159, approving the
Subordination of a Deed of Trust in connection with a refinancing of the Senior
Mortgage relating to real property located at 4394 North Pershing Avenue, San
Bernardino, California.
Staff reconvened into Closed Session after the Consent Calendar.
City Attorney Sonia Carvalho reported that there was no reportable action.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned at 12:52 A.M. on Thursday,
June 17, 2021.
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,
July 21, 2021 at the Feldheym Library located at 555 W. 6th St., San Bernardino, California
92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m.
By:_________________________
Genoveva Rocha, CMC
6.a
Packet Pg. 58 Attachment: Attachment 1 - 06-16-2021 Draft Meeting Minutes (8517 : Approval of the Mayor and City Council Meeting Minutes)
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: Approved Minutes for Jan/Feb/June/July, City Board,
Commission & Citizen Advisory Committee Meetings
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City's Boards, Commissions, and
Citizen Advisory Committee Meetings, approved in February, June, July, and August
2021.
Background
On February 7, 2018, the Mayor and City Council adopted general provisions for the
City’s Boards, Commissions and Citizen Advisory Committees under Municipal Code
Chapter 2.17 requiring meeting minutes to be provided to the Mayor and City Council.
Discussion
In keeping with the reporting requirements established in Municipal Code Chapter
2.17.080, the minutes for the City’s Boards, Commissions and Citizen Advisory
Committee Meetings, approved in February, June, July, and August 2021 , are
presented for review by the Mayor and City Council. The minutes include the following:
1. Animal Control Commission - June 9, 2021; July 14, 2021
2. Arts and Historical Preservation Commission - June 21, 2021
3. Library Board - January 19, 2021; February 16, 2021
4. Parks, Recreation and Community Services Commission - June 17, 2021
5. Public Safety and Human Relations Commission - June 14, 2021
6. Water Board - June 22, 2021; July 13, 2021
2020-2025 Key Strategic Targets and Goals
Providing the agendas and minutes from each of the City’s Boards, Commissions and
Citizen Advisory Committees to the Mayor and City Council is in alignment with Key
Target No. 2: Focused, Aligned Leadership and Unified Community.
Fiscal Impact
No fiscal impact to the City.
7
Packet Pg. 59
8509
Page 2
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, receive and file the minutes from the City’s Boards, Commissions, and
Citizen Advisory Committee Meetings, approved in February, June, July, and August
2021.
Attachments
Attachment 1 January, February, June, July 2021 BCCAC Approved Minutes
Ward: All
7
Packet Pg. 60
7.a
Packet Pg. 61 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 62 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 63 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 64 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 65 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 66 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 67 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 68 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 69 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 70 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 71 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 72 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 73 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 74 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 75 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 76 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 77 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 78 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 79 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 80 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 81 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 82 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 83 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 84 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 85 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 86 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 87 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 88 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 89 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 90 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 91 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 92 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 93 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 94 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 95 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 96 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 97 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 98 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 99 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 100 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
7.a
Packet Pg. 101 Attachment: Attachment 1 - MCC.January.February.June.July 2021 BCCAC Approved Minutes.Attachment.(Exhibits A-F).docx (8509 : Approved
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Authorization to Pay Inland Library System Proportional
Pension Liability (All Wards)
Recommendation
Adopt Resolution No. 2021-216 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the Finance Director to appropriate an amount n ot to
exceed $150,000 to pay the City of San Bernardino’s proportional share of the Inland
Library Services pension liability.
Background
Inland Library Services (ILS) is a Joint Powers Authority (JPA) in the Inland Empire. ILS
was founded in 1967 and currently serves nineteen library agencies in San Bernardino,
Riverside, and Inyo Counties. Within the nineteen member agencies, 103 public
libraries serve over four million people covering 37,000 square miles of urban, desert,
and mountain territory. The ILS is one of eight California library consortiums
established by the California Library Services Act (CLSA) for the purpose of providing
collaborative reference, communication and delivery services, staff development and
training, and grant administration for the diverse public library system. Until 2019, ILS
had direct employees and funded their pensions through the San Bernardino County
Employees Retirement Association (SBCERA).
In 2018, the State Legislature passed AB-1912, establishing a requirement for the
allocation of the pension liability of a JPA upon termination of a JPA’s pension plan.
Prior to AB-1912, termination of a JPA pension plan could result in the refusal of
member agencies to take on the liability, resulting in a reduction of benefi ts for JPA
retirees or a negative impact on the retirement system providing the benefits. In
establishing an allocation requirement, and making the law retroactive, AB -1912
ensured that retirement benefits of retirees from JPAs were protected and that
retirement systems were not at risk.
Discussion
On May 27, 2019, ILS ceased to have any direct employees, and informed SBCERA
8
Packet Pg. 102
8477
Page 2
that it did not intend to operate with its own employees in the future. SBCERA informed
ILS that as they have no employees and no i ntention to hire any future employees, ILS
must be considered a terminated employer. SBCERA’s actuary then calculated the
termination liability of ILS to be allocated to the member agencies as required under AB -
1912. The total termination liability is $2,506,253. (Exhibit A: Inland Library System
Termination Study) The Administrative Council of the ILS, which is made up of
representatives from each of the nineteen member agencies, agreed on a methodology
for allocation of the liability based on population served and years of membership in the
ILS of each of the agencies. This methodology resulted in a proportional liability due to
SBCERA from the City of San Bernardino of approximately $146,000. (Exhibit B: ILS
Draft Estimate of Proportional Liability by Agency) While the draft estimate for the City
of San Bernardino is $145,902.33, because the ILS has not finalized the proportional
liability calculation, staff is recommending a not to exceed authorization of $150,000 to
ensure that when the amount is finalized the City can remit payment to SBCERA
without delay.
2020-2025 Key Strategic Targets and Goals
This item aligns with Key Target No. 1: Financial Stability. By paying the proportional
pension liability, the City of San Bernardino acknowledges an obli gation under the law
and minimizes litigation exposure.
Fiscal Impact
The General Fund budget impact is estimated at $146,000, the final amount to be
determined, not to exceed $150,000.
FINANCIAL DATA Current
Fiscal Year:
Next Fiscal
Year:
Total Cost: Ongoing
Cost
COST - not to exceed $ 150,000 $ -0- $ 150,000 $ -0-
GENERAL FUND SHARE $ 150,000 $ -0- $ 150,000 $ -0-
SOURCE OF FUNDS: General Fund Budget Adjustment: Yes
For Fiscal Year:
2021/22
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-216, authorizing the Finance Director to
appropriate an amount not to exceed $150,000 to pay the City of San Bernardino’s
proportional share of the Inland Library Services pension liability.
Attachments
Attachment 1 Resolution 2021-216
Attachment 2 Resolution 2021-216; Exhibit A - ILS Termination Study Inland
Library System Termination Study
Attachment 3 Resolution 2021-216; Exhibit B - ILS Draft Estimate of Proportional
Liability by Agency
Ward: All
8
Packet Pg. 103
8477
Page 3
Synopsis of Previous Council Actions: None
8
Packet Pg. 104
Resolution No. 2021-216
RESOLUTION NO. 2021-216
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE FINANCE DIRECTOR TO
APPROPRIATE AN AMOUNT NOT TO EXCEED $150,000
FROM GENERAL FUND UNASSIGNED FUND BALANCE
TO PAY THE CITY OF SAN BERNARDINO’S
PROPORTIONAL SHARE OF THE INLAND LIBRARY
SYSTEM’S TERMINAL PENSION LIABILITY
WHEREAS, the Inland Library System is a Joint Powers Authority established in 1967;
and
WHEREAS, the City of San Bernardino is one of nineteen member agencies of the Inland
Library System; and
WHEREAS, on May 27, 2019, the Inland Library System ceased to have any direct
employees, and informed the San Bernardino County Employee Retirement Association
(SBCERA) that it did not intend to operate with its own employees in the future; and
WHEREAS, as a Joint Powers Authority no longer employing direct employees and
having no intent to do so in the future, the Inland Library System is considered a terminated
employer; and
WHEREAS, the SBCERA has calculated the Termination Liability for the Inland Library
System’s pension plan to be $2,506,253; and
WHEREAS, AB-1912 requires that this pension liability be proportionally allocated to
member agencies in the Joint Powers Authority; and
WHEREAS, the City of San Bernardino’s proportional share of the Inland Library
System’s pension liability is calculated to be approximately $146,000 and no more than $150,000.
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. Pursuant to San Bernardino Municipal Code 3.05.040, the Mayor and City
Council authorize the Finance Director, or her designee, to: (1) allocate funds from General Fund
unassigned fund balance in an amount not to exceed $150,000; (2) facilitate payment of the City
of San Bernardino’s proportional liability, as calculated by the Inland Library System
Administrative Council, to the SBCERA.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
8.a
Packet Pg. 105 Attachment: Resolution 2021-216- Authorization to Pay Inland Library System Proportional Pension Liability (All Wards) (8477 : Authorization to
Resolution No. 2021-216
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 1st day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
8.a
Packet Pg. 106 Attachment: Resolution 2021-216- Authorization to Pay Inland Library System Proportional Pension Liability (All Wards) (8477 : Authorization to
Resolution No. 2021-216
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
8.a
Packet Pg. 107 Attachment: Resolution 2021-216- Authorization to Pay Inland Library System Proportional Pension Liability (All Wards) (8477 : Authorization to
8.b
Packet Pg. 108 Attachment: Exhibit A-ILS Termination Study (8477 : Authorization to Pay Inland Library System Proportional Pension Liability (All Wards))
8.b
Packet Pg. 109 Attachment: Exhibit A-ILS Termination Study (8477 : Authorization to Pay Inland Library System Proportional Pension Liability (All Wards))
8.b
Packet Pg. 110 Attachment: Exhibit A-ILS Termination Study (8477 : Authorization to Pay Inland Library System Proportional Pension Liability (All Wards))
8.b
Packet Pg. 111 Attachment: Exhibit A-ILS Termination Study (8477 : Authorization to Pay Inland Library System Proportional Pension Liability (All Wards))
EXHIBIT B
ILS Draft Estimate of Proportional Liability by Agency
Fiscal Year Banning Beaumont Colton Corona Hemet Inyo Moreno Vly.Murrietta Ontario Palm Spgs Palo Verde Rnch. Cuca.Rancho Mir.Riverside Co.Riverside City SB County SB City Upland Victorville
78/79 $599.93 $461.49 $904.51 $1,707.50 $957.58 $839.90 $0.00 $0.00 $3,428.84 $1,543.67 $599.93 $0.00 $0.00 $15,096.12 $7,637.59 $23,336.18 $493.79 $2,065.66 $0.00 $59,672.69
79/80 $540.68 $410.10 $799.80 $1,526.15 $926.30 $769.19 $0.00 $0.00 $3,162.47 $1,475.14 $555.37 $0.00 $0.00 $14,159.69 $6,977.83 $22,153.18 $4,345.84 $1,870.96 $0.00 $59,672.69
80/81 $546.02 $387.47 $1,047.01 $1,469.20 $917.54 $675.49 $0.00 $0.00 $3,456.27 $1,262.80 $470.97 $0.00 $0.00 $14,426.47 $6,458.47 $22,143.42 $4,574.59 $1,836.97 $0.00 $59,672.69
81/82 $533.12 $385.83 $963.58 $1,427.67 $892.74 $643.35 $0.00 $0.00 $3,484.23 $1,255.99 $458.12 $0.00 $0.00 $14,372.09 $6,263.66 $22,515.39 $4,662.51 $1,814.40 $0.00 $59,672.69
82/83 $542.51 $389.65 $796.97 $1,434.91 $903.00 $657.37 $0.00 $0.00 $3,530.72 $1,290.00 $456.80 $0.00 $0.00 $14,530.91 $6,294.51 $22,476.62 $4,552.12 $1,816.61 $0.00 $59,672.69
83/84 $561.33 $383.47 $800.19 $1,427.32 $903.00 $627.13 $0.00 $0.00 $3,570.87 $1,291.95 $464.52 $0.00 $0.00 $14,623.76 $6,302.13 $22,445.73 $4,489.28 $1,782.01 $0.00 $59,672.69
84/85 $534.28 $370.05 $813.75 $1,425.29 $922.24 $600.03 $0.00 $0.00 $3,554.18 $1,280.62 $460.30 $0.00 $0.00 $14,862.61 $6,210.77 $22,424.52 $4,428.75 $1,785.31 $0.00 $59,672.69
85/86 $527.94 $369.56 $867.99 $1,394.38 $900.60 $569.86 $0.00 $0.00 $3,437.82 $1,209.60 $456.51 $0.00 $0.00 $15,246.58 $6,111.68 $22,558.54 $4,266.99 $1,754.62 $0.00 $59,672.69
86/87 $507.07 $366.45 $933.07 $1,387.08 $894.75 $529.18 $0.00 $0.00 $3,349.04 $1,198.70 $446.34 $0.00 $0.00 $15,476.91 $6,055.39 $22,638.42 $4,153.87 $1,736.43 $0.00 $59,672.69
87/88 $600.81 $366.72 $921.99 $1,445.27 $887.38 $501.14 $0.00 $0.00 $3,289.25 $1,153.73 $435.24 $0.00 $0.00 $15,620.74 $5,886.31 $22,763.63 $4,108.79 $1,691.69 $0.00 $59,672.69
88/89 $600.78 $366.83 $975.63 $1,578.61 $863.06 $470.99 $0.00 $0.00 $3,216.74 $1,102.44 $410.57 $0.00 $0.00 $15,939.93 $5,605.35 $22,910.52 $3,977.58 $1,653.66 $0.00 $59,672.69
89/90 $596.49 $365.33 $948.56 $1,672.52 $851.79 $440.83 $0.00 $0.00 $3,089.38 $1,039.59 $388.26 $0.00 $0.00 $16,389.46 $5,412.89 $23,104.04 $3,820.51 $1,553.05 $0.00 $59,672.69
90/91 $617.38 $359.73 $927.64 $1,823.88 $852.49 $416.15 $0.00 $0.00 $3,039.80 $1,135.16 $375.54 $0.00 $0.00 $17,398.87 $5,103.64 $22,336.95 $3,849.67 $1,435.77 $0.00 $59,672.69
91/92 $609.70 $353.83 $906.37 $1,901.00 $1,053.84 $403.67 $0.00 $0.00 $2,988.21 $1,130.27 $502.05 $0.00 $0.00 $17,125.58 $5,028.18 $22,472.93 $3,784.78 $1,412.29 $0.00 $59,672.69
92/93 $538.19 $347.90 $904.54 $1,952.46 $1,098.52 $396.40 $0.00 $0.00 $2,964.53 $1,119.61 $532.60 $0.00 $0.00 $17,266.02 $4,985.56 $22,349.96 $3,816.36 $1,400.04 $0.00 $59,672.69
93/94 $549.55 $356.49 $968.52 $2,029.39 $1,133.88 $405.88 $0.00 $0.00 $3,090.26 $1,141.40 $546.75 $0.00 $0.00 $18,105.35 $5,113.46 $20,822.20 $3,960.00 $1,449.57 $0.00 $59,672.69
94/95 $532.91 $337.49 $919.50 $1,982.48 $1,081.17 $381.95 $0.00 $0.00 $2,944.42 $857.86 $618.79 $2,382.62 $217.24 $17,494.25 $4,831.24 $19,961.76 $3,756.82 $1,372.18 $0.00 $59,672.69
95/96 $532.74 $344.23 $911.80 $2,038.75 $1,077.77 $380.09 $0.00 $0.00 $2,917.76 $854.43 $660.74 $2,374.78 $216.17 $17,415.83 $4,930.47 $19,937.70 $3,723.02 $1,356.43 $0.00 $59,672.69
96/97 $533.87 $346.35 $915.05 $2,106.78 $1,071.83 $376.06 $0.00 $0.00 $2,891.69 $846.40 $747.93 $2,377.30 $280.56 $17,183.91 $4,987.24 $19,966.21 $3,695.06 $1,346.45 $0.00 $59,672.69
97/98 $538.80 $337.49 $912.23 $2,213.56 $1,141.52 $367.27 $2,723.77 $0.00 $2,854.80 $846.71 $730.57 $2,350.55 $284.29 $14,620.04 $4,979.03 $19,816.85 $3,625.08 $1,330.12 $0.00 $59,672.69
98/99 $536.68 $332.51 $907.11 $2,280.90 $1,188.09 $354.87 $2,704.80 $806.97 $2,837.03 $834.19 $717.29 $2,368.41 $287.79 $13,821.53 $4,944.87 $19,831.99 $3,597.33 $1,320.32 $0.00 $59,672.69
99/00 $525.35 $325.62 $896.41 $2,328.59 $1,188.91 $344.56 $2,675.04 $832.99 $2,868.14 $823.53 $712.04 $2,377.81 $293.44 $13,999.94 $4,916.54 $19,732.43 $3,528.85 $1,302.50 $0.00 $59,672.69
00/01 $474.84 $354.33 $882.24 $2,359.83 $1,089.98 $326.46 $2,635.03 $842.67 $2,919.21 $787.81 $649.55 $2,386.81 $322.32 $14,491.74 $4,779.02 $19,688.95 $3,421.04 $1,260.86 $0.00 $59,672.69
01/02 $475.49 $392.85 $868.87 $2,371.25 $1,088.30 $322.95 $2,583.60 $913.11 $2,872.04 $773.31 $654.77 $2,426.11 $330.91 $14,609.73 $4,760.20 $19,622.98 $3,358.68 $1,247.56 $0.00 $59,672.69
02/03 $476.48 $423.34 $860.40 $2,348.11 $1,066.07 $314.51 $2,574.35 $976.95 $2,840.01 $754.14 $630.70 $2,514.36 $331.65 $14,820.49 $4,697.92 $19,485.85 $3,326.77 $1,230.61 $0.00 $59,672.69
03/04 $490.91 $450.35 $841.10 $2,347.78 $1,056.34 $306.30 $2,574.61 $1,286.48 $2,779.92 $732.65 $633.27 $2,563.02 $329.98 $14,782.08 $4,586.29 $19,457.78 $3,250.14 $1,203.69 $0.00 $59,672.69
04/05 $483.64 $471.42 $819.46 $2,286.78 $1,054.82 $295.10 $2,624.20 $1,350.80 $2,704.28 $725.87 $607.30 $2,568.68 $336.45 $15,128.84 $4,532.24 $19,341.63 $3,171.41 $1,169.77 $0.00 $59,672.69
05/06 $471.99 $495.72 $797.17 $2,227.05 $1,070.63 $285.04 $2,687.42 $1,430.70 $2,634.28 $714.90 $597.02 $2,624.52 $331.56 $15,359.88 $4,430.98 $19,266.01 $3,107.06 $1,140.75 $0.00 $59,672.69
06/07 $473.78 $533.49 $796.34 $2,247.17 $1,102.42 $282.63 $2,774.55 $1,495.26 $2,655.16 $720.41 $608.65 $2,649.47 $336.48 $16,112.24 $4,480.05 $18,097.01 $3,151.89 $1,155.67 $0.00 $59,672.69
07/08 $453.63 $546.16 $762.24 $2,164.48 $1,089.15 $266.50 $2,699.36 $1,470.70 $2,550.05 $693.72 $552.26 $2,559.12 $324.20 $15,926.75 $4,358.11 $17,559.25 $3,016.96 $1,103.13 $1,576.92 $59,672.69
08/09 $452.51 $579.19 $754.03 $2,167.92 $1,084.87 $263.32 $2,717.99 $1,469.34 $2,526.68 $694.46 $542.11 $2,593.03 $324.95 $15,970.56 $4,383.04 $17,474.07 $2,983.25 $1,094.70 $1,596.66 $59,672.69
09/10 $452.38 $609.18 $748.00 $2,171.35 $1,094.51 $261.43 $2,721.65 $1,465.03 $2,519.54 $693.49 $554.50 $2,582.59 $319.78 $16,051.32 $4,389.17 $17,365.54 $2,956.42 $1,098.64 $1,618.19 $59,672.69
10/11 $463.37 $621.07 $747.82 $2,188.69 $1,133.98 $265.44 $2,780.80 $1,487.99 $2,355.97 $641.04 $504.90 $2,395.69 $320.12 $16,645.63 $4,369.99 $17,016.66 $3,006.72 $1,057.06 $1,669.75 $59,672.69
11/12 $462.94 $637.83 $746.83 $2,190.18 $1,135.19 $261.67 $2,785.14 $1,488.07 $2,354.80 $641.79 $505.84 $2,402.48 $319.47 $16,602.62 $4,372.86 $17,020.21 $3,000.29 $1,056.93 $1,687.55 $59,672.69
12/13 $461.71 $651.46 $743.51 $2,201.81 $1,135.52 $260.77 $2,781.75 $1,485.89 $2,342.81 $641.80 $489.58 $2,401.67 $247.65 $16,764.02 $4,379.87 $16,955.74 $2,985.47 $1,051.70 $1,689.98 $59,672.69
13/14 $424.56 $665.79 $739.02 $2,216.51 $1,135.71 $258.94 $2,775.41 $1,482.37 $2,331.42 $642.60 $472.17 $2,399.91 $247.17 $16,900.00 $4,374.10 $16,917.72 $2,962.94 $1,046.70 $1,679.67 $59,672.69
14/15 $423.04 $678.10 $735.77 $2,209.16 $1,133.65 $256.00 $2,765.74 $1,478.58 $2,326.17 $642.42 $468.52 $2,399.04 $246.56 $16,965.47 $4,373.29 $16,908.12 $2,948.54 $1,044.54 $1,670.00 $59,672.69
15/16 $396.95 $785.76 $828.51 $1,998.51 $983.11 $240.77 $2,403.64 $1,276.76 $2,637.86 $594.44 $490.93 $2,026.77 $244.22 $14,832.65 $5,042.13 $19,534.51 $2,501.95 $935.28 $1,917.96 $59,672.69
16/17 $418.18 $695.95 $721.10 $2,245.22 $1,095.69 $249.19 $2,767.07 $1,537.97 $2,332.54 $634.10 $471.33 $2,373.24 $244.85 $16,962.25 $4,373.66 $16,964.99 $2,903.87 $1,027.73 $1,653.75 $59,672.69
17/18 $419.06 $710.97 $712.57 $2,235.89 $1,103.08 $246.40 $2,753.90 $1,505.96 $2,355.46 $632.75 $460.62 $2,343.28 $248.53 $17,609.70 $4,322.06 $16,419.08 $2,932.97 $1,021.52 $1,638.91 $59,672.69
18/19 $411.58 $734.50 $709.28 $2,192.09 $1,105.22 $242.46 $2,716.26 $1,540.39 $2,324.67 $635.49 $454.81 $2,339.59 $241.10 $17,470.04 $4,278.54 $16,744.23 $2,858.87 $1,023.42 $1,650.16 $59,672.69
19/20 $426.03 $794.06 $706.57 $2,196.67 $1,112.06 $242.64 $2,726.62 $1,508.78 $2,387.59 $619.21 $303.96 $2,291.64 $249.55 $17,665.66 $4,284.43 $16,631.97 $2,845.53 $1,029.01 $1,650.71 $59,672.69
$21,219.21 $19,896.10 $35,463.04 $83,120.11 $43,578.31 $16,599.87 $61,952.67 $29,133.73 $120,716.90 $38,310.18 $22,400.05 $63,072.48 $7,477.00 $666,848.26 $214,604.76 $837,171.49 $145,902.33 $57,086.29 $21,700.21 $2,506,253.00
$145,902.33
San Bernardino
8.c
Packet Pg. 112 Attachment: Exhibit B- ILS Draft Estimate of Proportional Liability by Agency (8477 : Authorization to Pay
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Software Services Agreement with OpenGov for Budgeting
and Planning Software (All Wards)
Recommendation
Adopt Resolution No. 2021-217 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional S ervices
Agreement between the City of San Bernardino and OpenGov Inc. for Software
Services.
Background
The City currently has an agreement with OpenGov Inc. for the transparency portal on
the City’s website that allows citizens to engage with the budget using dynamic
dashboards and interactive reports. This software agreement is included in the FY
2021/22 budget for $15,100. OpenGov Inc.’s software services include budget and
planning software that would significantly improve the ability of finance staff to analyze
data, make forecasts, and provide transparent, easy to understand information to the
Mayor and City Council and the public. OpenGov Budgeting and Planning is a modern,
full-featured cloud budgeting solution designed to meet the unique needs of p ublic
sector planning and analysis. Founded in 2012, their software is currently in use by
over 1,000 governments in the United States, and roughly 200 in California. The
software delivers a collaborative experience for budget process automation, manager ial
reporting, and approval, as well as enhanced communication capabilities. OpenGov’s
workforce planning software module is especially valuable. Customers of OpenGov
report saving up to 50% of the time spent building the budget, 80% less time on
reporting, and generally identify at least 1% (of the total city budget) in savings.
Discussion
The City’s finance staff is currently limited by the manual processes that are in place for
the design of the operating, capital, and workforce budgets. Excel is us ed for a
significant portion of the budgeting process including the workforce plan, which is
particularly tedious. The budget book is created using Excel and Word. Modern,
purpose-built software will dramatically enhance the finance team’s ability to bui ld the
budget.
Per the City’s Purchasing Guidelines and Procedures, Open Gov Inc. was selected as a
9
Packet Pg. 113
8480
Page 2
sole source provider as the good or service is provided by only one vendor and this
vendor has exclusive rights to the good or service. This software is t he only integrated
multi-tenant software-as-a-service solution designed specifically for government
budgeting and robust analytical reporting and transparency. OpenGov is the only
manufacturer and distributor of this software. The City of San Bernardino is already
using OpenGov software in the finance department and this would be the only
compatible upgrade to the existing software.
2020-2025 Key Strategic Targets and Goals
Authorization of this agreement aligns with Key Target No. 1: Financial Stability by
increasing efficiency and transparency in the budgeting process.
Fiscal Impact
The financial impact to the City is an ongoing expense of $124,134 and a one -time
implementation cost of $50,800. Funding for this agreement was included in the FY
2021/22 Adopted Budget. No additional appropriation is required.
FINANCIAL DATA Current
Fiscal Year:
Next Fiscal
Year:
Ongoing
Cost (annual)
COST $ 174,934 $ 124,134 $ 124,134
GENERAL FUND SHARE $ 174,934 $ 124,134 $ 124,134
SOURCE OF FUNDS: General Fund Budget Adjustment: No
Included in Adopted FY 2021/22 Operating
Budget
For Fiscal Year: 2021/22
Conclusion
Adopt Resolution No. 2021-217 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to execute a Professional Services
Agreement between the City of San Bernardino and OpenGov Inc. for Software
Services.
Attachments
Attachment 1 Resolution No. 2021-217
Attachment 2 Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C
OpenGov
Ward: All
Synopsis of Previous Council Actions:
June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138
approving the City of San Bernardino’s Operating Budget and
Capital Improvement Program (CIP) for FY 2021/22 and
establishing the City’s Appropriations Limit as required by Article
XIII of the California State Constitution.
9
Packet Pg. 114
Resolution No. 2021-
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-217
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND OPENGOV INC.
FOR SOFTWARE SERVICES
WHEREAS, the City of San Bernardino currently contracts with OpenGov Inc. for the
transparency portal to engage the public with the budget through dashboards and interactive
reports; and
WHEREAS, this software is the only integrated multi-tenant Software as a Service
(“SaaS”) solution designed specifically for government budgeting and robust analyt ical reporting
and transparency; and
WHEREAS, OpenGov is the only manufacturer and distributor of this software and the
City of San Bernardino is already using OpenGov software in the finance department and this
would be the only compatible upgrade to the existing software.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Mayor and City Council hereby authorize the City Manager to execute the
Professional Services Agreement with OpenGov Inc. for Software Services, attached hereto as
Exhibit “A”.
SECTION 3. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 4. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
9.a
Packet Pg. 115 Attachment: Resolution 2021-217 OpenGov Services Agreement (8480 : Software Services Agreement with OpenGov for Budgeting and
Resolution No. 2021-
Resolution 2021-
Page 2 of 3
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
9.a
Packet Pg. 116 Attachment: Resolution 2021-217 OpenGov Services Agreement (8480 : Software Services Agreement with OpenGov for Budgeting and
Resolution No. 2021-
Resolution 2021-
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
9.a
Packet Pg. 117 Attachment: Resolution 2021-217 OpenGov Services Agreement (8480 : Software Services Agreement with OpenGov for Budgeting and
9.b
Packet Pg. 118 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 119 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 120 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 121 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 122 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 123 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 124 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 125 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 126 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 127 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 128 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 129 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 130 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 131 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 132 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 133 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 134 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 135 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 136 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 137 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 138 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 139 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 140 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 141 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 142 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 143 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 144 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 145 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 146 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 147 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 148 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 149 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 150 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 151 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 152 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 153 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 154 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 155 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 156 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 157 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 158 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 159 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 160 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 161 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 162 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 163 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 164 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 165 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
9.b
Packet Pg. 166 Attachment: Resolution No. 2021-217; PSA-Vendor Signed and Exhibits A-C OpenGov (8480 : Software Services Agreement with OpenGov for
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Barbara Whitehorn, Director of Finance
Subject: Final Reading Amendment to Chapter 9.90 of the San
Bernardino Municipal Code (All Wards)
Recommendation
Adopt Ordinance No. MC-1563 of the Mayor and City Council of the City of San
Bernardino, California, amending Chapter 9.90 of the San Bernardino Municipal Code ,
granting arrest authority to the Business Registration Department for violations of Title
3, Title 5, and Title 8 of the San Bernardino Municipal Code.
The Business Registration Department seeks arrest authority to enable staff to enforce
various code provisions in Title 3 (Revenue and Finance), Title 5 (Business Registration
and Regulations), and Title 8 (Health and Safety) of the San Bernardino Municipal
Code. Examples of the types of activities these Titles govern include, but are not limited
to, transient lodging tax, business licenses, and entertainment permits.
The Business Registration Staff enforces the provisions of Tile 3, Title, 5, and Title 8 of
the Municipal Code through the issuance of Notices of Violation (NOV), Administrative
Citations (Admin Cite), and Administrative Civil Penalties Notice and Orders (ACP).
The Municipal Code allows for Notices to Appear to be issued to individuals who
allegedly have violated provisions within these Titles. In order for staff to issue a Notice
to Appear, arrest authority must be granted to staff under Chapter 9.90 of the Municipal
Code.
On August 18, 2021, the Mayor and City Council introduced, read by title, and waived
further reading of Ordinance No. MC-1563. A summary of Ordinance No. MC-1563 has
since been published in accordance with the California Government Code. Ordinance
No. MC-1563 may now be adopted by the Mayor and City Council.
Discussion
The item under consideration by the City Council is the adoption of Ordinance No. MC -
1563, which would amend the Municipal Code to give the Business Registration
Department the arrest enforcement authority it seeks in order to enable staff to enforce
violations of Title 3, Title 5, and Title 8 of the San Bernardino Municipal Code.
2020-2025 Key Strategic Targets and Goals
10
Packet Pg. 167
8518
Page 2
The proposed action aligns with Key Target No. 2: Focused, Aligned Leadership and
Unified Community. The proposed action would maximize existing resources by utilizing
the Business Registration Department employees to enforce provisions of Title 3, Title
5, and Title 8 of the San Bernardino Municipal Code.
Fiscal Impact
There is no direct financial impact related to this proposed action.
Conclusion
Adopt Ordinance No. MC-1563 of the Mayor and City Council of the City of San
Bernardino, California, amending Chapter 9.90 of the San Bernardino Municipal Code,
granting arrest authority to the Business Registration Department for violations of Title
3, Title 5, and Title 8 of the San Bernardino Municipal Code.
Attachments
Attachment 1 Ordinance No. MC-1563
Attachment 2 Copy of Publishing Notice
Ward: All
Synopsis of Previous Council Actions:
August 18, 2021 Mayor and City Council held a public hearing and
introduced Ordinance No. MC-1563 granting arrest
authority to the Business Registration Department for
violations of Title 3, Title 5, and Title 8 of the San
Bernardino Municipal Code.
10
Packet Pg. 168
ORDINANCE NO. MC-1563
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 9.90 OF THE SAN BERNARDINO
MUNICIPAL CODE, GRANTING ARREST AUTHORITY
TO THE BUSINESS REGISTRATION DEPARTMENT FOR
VIOLATIONS OF TITLE 3, TITLE 5, AND TITLE 8 OF
THE SAN BERNARDINO MUNICIPAL CODE
WHEREAS, the City San Bernardino, California (“City”) is a charter city and municipal
corporation, duly organized under the California Constitution and laws of the State of California;
and
WHEREAS, pursuant to the police powers delegated to it by the California Constitution,
the City has the authority to enact laws which promote the public health, safety, and general
welfare of its citizens; and
WHEREAS, the City desires to give arrest authority to the Business Registration
Manager and his or her designees in order to enforce Title 3, Title 5, and Title 8 of the San
Bernardino Municipal Code including, but not limited to, transient lodging, business licenses,
and entertainment permits; and
WHEREAS, the City is not changing any regulations or penalties associated with the
activities governed by Title 3, Title 5, or Title 8, other than to endow the Business Registration
Manager and employees thereunder to enforce existing language in the San Bernardino
Municipal Code; and
WHEREAS, the granting of arrest authority to the Business Registration Manager and
his or her designees could maximize resources and reduce the burdens of other City departments
who currently issue notices to appear for violations of Title 3, Title 5, and Title 8 of the San
Bernardino Municipal Code, including, but not limited to, the Code Enforcement Department
and the Police Department.
THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO
ORDAIN AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are hereby incorporated herein
by this reference.
SECTION 2. A new paragraph (18) shall be added to subsection (A) of Section 9.90.010
of Chapter 9.90 of the San Bernardino Municipal Code to state as follows:
“18. The Business Registration Manager and his or her designees are authorized and
empowered to issue notices to appear for violations of Title 3, Title 5, and Title 8 of this Code.”
10.a
Packet Pg. 169 Attachment: Attachment 1 Ordinance No. MC-1563 (8518 : Final Reading Amendment to Chapter 9.90 of the San Bernardino Municipal Code (All
Ordinance No. MC-____
Page 2 of 3
SECTION 3. Effective Date. This Ordinance shall take effect thirty (30) days after its
adoption.
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this ordinance, or any part thereof, is for any reason held to be
unconstitutional, such decision shall not affect the validity of the remaining portion of this
Ordinance or any part thereof. The City Council hereby declares that it would have passed each
section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the
fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase
be declared unconstitutional. If for any reason any portion of this ordinance is found to be
invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5. Certification. City Clerk of the City of San Bernardino shall certify to the
adoption of this Ordinance and cause publication to occur in a newspaper of general circulation
and published and circulated in the City in a manner permitted under section 36933 of the
Government Code of the State of California.
SECTION 6. CEQA. The City Council finds that this Ordinance is not subject to the
California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity
will not result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this XXth day of , 2021.
__________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:
__________________________________
Sonia Carvalho, City Attorney
10.a
Packet Pg. 170 Attachment: Attachment 1 Ordinance No. MC-1563 (8518 : Final Reading Amendment to Chapter 9.90 of the San Bernardino Municipal Code (All
Ordinance No. MC-____
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Ordinance No. MC-_____, introduced by the City Council of the City of San Bernardino,
California, at a regular meeting held the XX day of , 2020. Ordinance No. MC-
____ was approve passed and adopted at a regular meeting held the XX day of
, 2021 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 t his ___ day of
____________ 2021.
______________________________
Genoveva Rocha, CMC, City Clerk
10.a
Packet Pg. 171 Attachment: Attachment 1 Ordinance No. MC-1563 (8518 : Final Reading Amendment to Chapter 9.90 of the San Bernardino Municipal Code (All
CALIFORNIA NEWSPAPER SERVICE BUREAU
SBS#
D A I L Y J O U R N A L C O R P O R A T I O N
To the right is a copy of the notice you sent to us for publication in the SAN
BERNARDINO COUNTY SUN. Please read this notice carefully and call us
with any corrections. The Proof of Publication will be filed with the County
Clerk, if required, and mailed to you after the last date below. Publication
date(s) for this notice is (are):
Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012
Telephone (800) 788-7840 / Fax (800) 464-2839
Visit us @ www.LegalAdstore.com
GENOVEVA ROCHA
CITY OF SAN BERNARDINO CITY CLERK
290 NORTH D ST.
SAN BERNARDINO, CA 92401
ORDSB ORDINANCE PUBLICATION-SB
Ordinance No. Mc-1563
08/26/2021
Publication
Total
$198.00
$198.00
Notice Type:
Ad Description
COPY OF NOTICE
3505392
!A000005808423!
The charge(s) for this order is as follows. An invoice will be sent after the last
date of publication. If you prepaid this order in full, you will not receive an
invoice.
Ordinance No.Mc-1563 An
Ordinance of The Mayor And City
Council Of The City Of San
Bernardino,California,Amending
Chapter 9.90 Of The San Bernardino
Municipal Code,Granting Arrest
Authority To The Business
Registration Department For
Violations Of Title 3,Title 5,And
Title 8 Of The San Bernardino
Municipal Code
Ordinance No MC-1563 will give
arrest authority to the Business
Registration Manager and his or her
designees in order to enforce Title 3,
Title 5,and Title 8 of the San
Bernardino Municipal Code
including,but not limited to,
transient lodging,business licenses,
and entertainment permits.
The City is not changing any
regulations or penalties associated
with the activities governed by Title
3,Title 5,or Title 8,other than to
endow the Business Registration
Manager and employees thereunder
to enforce existing language in the
San Bernardino Municipal Code.
The granting of arrest authority to
the Business Registration Manager
and his or her designees could
maximize resources and reduce the
burdens of other City departments
who currently issue notices to
appear for violations of Title 3,Title
5,and Title 8 of the San Bernardino
Municipal Code,including,but not
limited to,the Code Enforcement
Department and the Police
Department.
A new paragraph (18)shall be added
to subsection (A)of Section 9.90.010
of Chapter 9.90 of the San
Bernardino Municipal Code to state
as follows:
"18.The Business Registration
Manager and his or her designees
are authorized and empowered to
issue notices to appear for violations
of Title 3,Title 5,and Title 8 of this
Code."
Ordinance No.MC-1563 was
introduced for First Reading at the
Regular meeting of the Mayor and
City Council on August 18,2021,and
is scheduled for a Second Reading
and Adoption on September 1,2021.
A copy of the full text ordinance is
available for review in the City
Clerk's Office at 201A North "E"
Street,San Bernardino,California.
Genoveva Rocha
City Clerk
Publish on:Thursday,August 26,
2021
8/26/21
SBS-3505392#
10.b
Packet Pg. 172 Attachment: Attachment 2 - Copy of Publishing Notice (8518 : Final Reading Amendment to Chapter 9.90 of the San Bernardino Municipal Code
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Edward Erjavek, Library Director
Subject: Contract Award for Library Book Purchases (All Wards)
Recommendation
Adopt Resolution No. 2021-215 of the Mayor and City Council of the City of San
Bernardino, California, approving an agreement award with Ingram Library Services ,
LLC, for the purchase of library books in an amount not to exceed $85,00 0 for Fiscal
Year 2021/22.
Background
The City of San Bernardino Public Library provides books for our patrons to further their
educational, cultural, and recreational interests at four city libraries.
Discussion
The Library posted RFQ F-21-25 through the Finance Department seeking proposals for
book purchases including cataloging and processing of books for Fiscal Year 2021/22,
with three possible one-year extensions. Proposals were received from two vendors and
Ingram was chosen. The Library Board of Trustees approved the agreement at its
meeting of June 15, 2021.
2020-2025 Key Strategic Targets and Goals
The request to purchase library books for the educational, cultural and recreational
interests of our patrons aligns with Key Target No. 3: Improved Quality of Life.
Fiscal Impact
Library Book purchases up to $85,000 were included in the adopted FY21/22 budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-215, approving an agreement award with Ingram
Library Services, LLC, for the purchase of library books in an amount not to exceed
$85,000 for Fiscal Year 2021/22.
Attachments
Attachment 1 Resolution No. 2021-215
Attachment 2 Resolution No. 2021-215; Exhibit A - Goods Purchasing Agreement
Ingram Library Service LLC
11
Packet Pg. 173
7402
Page 2
Ward: All
Synopsis of Previous Council Actions: N/A
11
Packet Pg. 174
Resolution No. 2021-215
Resolution No. 2021-215
September 1, 2021
Page 1 of 3
RESOLUTION NO. 2021-215
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A CONTRACT AWARD WITH INGRAM
LIBRARY SERVICES LLC FOR THE PURCHASE OF
LIBRARY BOOKS OF AN AMOUNT NOT TO EXCEED
$85,000 FOR FY 2021/22
WHEREAS, the City of San Bernardino Public Library provides books for our patrons to
further their educational, cultural and recreational interests; and
WHEREAS, the City of San Bernardino Public Library provides books for four city
libraries; and
WHEREAS, in April 2021, staff administered a competitive bid process to obtain a vendor
to provide library books resulting in two bidders; and
WHEREAS, Ingram Library Services LLC of La Vergne, Tennessee was determined to
be the lowest and best bidder; and
WHEREAS, the City now wishes to enter into an agreement with Ingram Library Services
LLC for the purchase of Library books for an amount not to exceed $85,000 for FY 2021/22 that
was already approved by the Library Board of Trustees at its June 15, 2021 meeting; and
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 Library Director, or designee, is hereby authorized to execute all
documents in support of the agreement with Ingram Library Services LLC in the amount not to
exceed $85,000 for FY 2021/22 on behalf of the City, attached hereto and incorporated herein as
Exhibit “A.”
SECTION 3. The Finance Director or designee is hereby authorized to issue a purchase
order in an amount not to exceed $85,000 with Ingram Library Services LLC for FY 2021/22.
SECTION 4. 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.
11.a
Packet Pg. 175 Attachment: Resolution 2021-215 Contract Award for Library Book Purchases (All Wards) (7402 : Contract Award for Library Book Purchases
Resolution No. 2021-215
Resolution No. 2021-215
September 1, 2021
Page 2 of 3
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 1st day of September, 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
11.a
Packet Pg. 176 Attachment: Resolution 2021-215 Contract Award for Library Book Purchases (All Wards) (7402 : Contract Award for Library Book Purchases
Resolution No. 2021-215
Resolution No. 2021-215
September 1, 2021
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-215, adopted at a regular meeting held on the 1st day of September, 2021 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 2nd day of September,
2021.
Genoveva Rocha, CMC, City Clerk
11.a
Packet Pg. 177 Attachment: Resolution 2021-215 Contract Award for Library Book Purchases (All Wards) (7402 : Contract Award for Library Book Purchases
1
CITY OF SAN BERNARDINO
GOODS PURCHASE AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO
AND
INGRAM LIBRARY SERVICES
This Goods Purchase Agreement (“Agreement”) is entered into this __ day of
________________, 2021, by and between the City of San Bernardino, a charter city and
municipal corporation organized under the laws of the State of California with its principal place
of business at Vanir Tower, 290 North D Street, San Bernardino, California 92401, County of San
Bernardino, State of California (“City”), and Ingram Library Service LLC, a Tennessee
corporation, with its principal place of business at One Ingram Blvd., La Vergne, Tennessee
37086-1986 (“Supplier”). City and Supplier are sometimes individually referred to as “Party” and
collectively as “Parties” in this Agreement.
Section 1. DEFINITIONS.
A. “Goods” means all machinery, equipment, supplies, items, parts, materials, labor
or other services, including design, engineering and installation services, provided by Supplier as
specified in Exhibit “A,” attached hereto and incorporated herein by reference.
B. “Delivery Date(s)” means that date or dates upon which the Goods is to be delivered
to City, ready for approval, testing and/or use.
Section 2. MATERIALS AND WORKMANSHIP.
When Exhibit “A” specifies machinery, equipment or material by manufacturer, model or
trade name, no substitution will be made without City’s written approval. Machinery, equipment
or material installed in the Goods without the approval required by this Section 2 will be deemed
to be defective material for purposes of Section 4. Where machinery, equipment or materials are
referred to in Exhibit “A” as equal to any particular standard, City will decide the question of
equality. When requested by City, Supplier will furnish City with the name of the manufacturer,
the performance capabilities and other pertinent information necessary to properly determine the
quality and suitability of any machines, equipment and material to be incorporated in the Goods.
Material samples will be submitted at City’s request.
Section 3. INSPECTIONS AND TESTS.
City shall have the right to inspect and/or test the Goods prior to acceptance. If upon
inspection or testing the Goods or any portion thereof are found to be nonconforming,
unsatisfactory, defective, of inferior quality or workmanship, or fail to meet any requirements or
specifications contained in Exhibit “A,” then without prejudice to any other rights or remedies,
City may reject the Goods or exercise any of its rights under Section 5.C. The inspection, failure
to make inspection, acceptance of goods, or payment for goods shall not impair City’s right to
reject nonconforming goods, irrespective of City’s failure to notify Supplier of a rejection of
nonconforming goods or revocation of acceptance thereof or to specify with particularity any
11.b
Packet Pg. 178 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
2
defect in nonconforming goods after rejection or acceptance thereof.
Section 4. TERM AND PRICES
A. The term of this Agreement shall terminate on June 30, 2022, unless earlier
terminated earlier as provided herein. The City shall have the unilateral option, at its sole
discretion, to renew this Agreement in writing for no more than three (3) additional one (1) year
terms.
B. All prices and fees specified in Exhibit “A” are firm and shall not be subject to
change without the written approval of City. No extra charges of any kind will be allowed unless
specifically agreed to in writing by City’s authorized representative. The total price shall include
(i) all federal, state and local sales, use, excise, privilege, payroll, occupational and other taxes
applicable to the Goods furnished to City hereunder; and (ii) all charg es for packing, freight and
transportation to destination.
C. In no event shall the total amount paid for Goods provided by Supplier under this
Agreement exceed the sum of Forty Five-Thousand Dollars ($45,000) per fiscal year. Not to
exceed Eighty Five-Thousand Dollars ($85,000) for Fiscal Year 2021-2022. No warranty is
given or implied as to the total amount of Goods that may be purchased by the City during the
term of the Agreement. Agreement is subject to the City Council approval of City Manager’s
proposed budget.
Section 5. WARRANTY.
A. Supplier warrants that the Goods will be of merchantable quality and free from
defects in design, engineering, material, and workmanship for a period of two (2) years, or such
longer period as provided by a manufacturer’s warranty or as agreed to by Supplier and City, from
the date of final written acceptance of the Goods by City as required for final payment under
Section 7. Supplier further warrants that any services provided in connection with the Goods will
be performed in a professional and workmanlike manner and in accordance with the highest
industry standards.
B. Supplier further warrants that all machinery, equipment, or process included in the
Goods will meet the performance requirements and specifications specified in Exhibit “A” and
shall be fit for the purpose intended. City’s inspection, testing, approval, or acceptance of any
such machinery, equipment, or process will not relieve Supplier of its obligations under this
Section 5.B.
C. For any breach of the warranties contained in Section 5.A and Section 5.B, Supplier
will, immediately after receiving notice from City, at the option of City, and at Supplier’s own
expense and without cost to City:
1. Repair the defective Goods;
2. Replace the defective Goods with conforming Goods, F.O.B. City’s plant,
office or other location of City where the Goods was originally performed or delivered; or
11.b
Packet Pg. 179 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
3
3. Repay to City the purchase price of the defective Goods.
If City selects repair or replacement, any defects will be remedied without cost to City,
including but not limited to, the costs of removal, repair, and replacement of the defective Goods,
and reinstallation of new Goods. All such defective Goods that is so remedied will be similarly
warranted as stated above. In addition, Supplier will repair or replace other items of the Goods
which may have been damaged by such defects or the repairing of the same, all at its own expense
and without cost to City.
D. Supplier also warrants that the Goods is free and clear of all liens and encumbrances
whatsoever, that Supplier has a good and marketable title to same, and that Supplier owns or has
a valid license for all of the proprietary technology and intellectual property incorporated within
the Goods. Supplier agrees to indemnify, defend, and hold City harmless against any and all third
party claims resulting from the breach or inaccuracy of any of the foregoing warranties.
E. In the event of a breach by Supplier of its obligations under this Section 4, City will
not be limited to the remedies set forth in this Section 4, but will have all the rights and remedies
permitted by applicable law, including without limitation, all of the rights and remedies afforded
to City under the California Commercial Code.
Section 6. CHANGES.
City, at any time, by a written order, and without notice to any surety, may make changes
in the Goods, including but not limited to, City’s requirements and specifications. If such changes
affect the cost of the Goods or time required for its performance, an equitable adjustment will be
made in the price or time for performance or both. Any change in the price necessitated by such
change will be agreed upon between City and Supplier and such change will be authorized by a
change order document signed by City and accepted by Supplier.
Section 7. PAYMENTS.
A. Terms of payment, are net thirty (30) days, less any applicable retention, after
receipt of invoice, or completion of applicable Progress Milestones. Final payment shall be made
by City after Supplier has satisfied all contractual requirements. Payment of invoices shall not
constitute acceptance of Goods.
B. Payments otherwise due may be withheld by City on account of defective Goods
not remedied, liens or other claims filed, reasonable evidence indicating probable filing of liens or
other claims, failure of Supplier to make payments properly to its subcontractors or for material or
labor, the failure of Supplier to perform any of its other obligations under the Agreement, or to
protect City against any liability arising out of Supplier’s failure to pay or discharge taxes or other
obligations. If the causes for which payment is withheld are removed, the withheld payments will
be made promptly. If the said causes are not removed within a reasonable period after written
notice, City may remove them at Supplier’s expense.
11.b
Packet Pg. 180 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
4
Section 8. SCHEDULE FOR DELIVERY.
A. Goods may be selected for the Central Library and three small branches. Goods
shall be not be subject to any minimum order requirements. Access to the online ordering system
shall be at no charge to the City. Shipments shall be delivered to the Central Library per the
address profiled on the City’s account with Supplier. Cartons will be delivered inside the door or
onto a dock. The Library will be responsible for transferring the material to other desired
destinations. If the carrier's operating conditions do not permit inside delivery, the carrier's only
obligation is to move the freight to the back of the truck.
B. The time of Supplier’s performance is of the essence for this Agreement. Supplier
shall promptly notify City, in writing, of any possible delay in performance, and the expected
performance date. City’s acceptance of late performance is not a waiver of the City’s right to hold
the Supplier liable for any loss or damage or modify Supplier’s obligation to make future deliveries
in accordance with the schedule. City’s acceptance of non-conforming goods, delivery or service
is not a waiver of any right, claim or remedy City may have under this Agreement or applicable
law.
C. Supplier will ship backorders as available until a ninety (90) day cancellation period
has expired. Items that have been cancelled shall be reported on a weekly or monthly cancellation
notice.
Section 9. TAXES.
A. Supplier agrees to timely pay all sales and use tax (including any value added or
gross receipts tax imposed similar to a sales and use tax) imposed by any federal, state or local
taxing authority on the ultimate purchase price of the Goods provided under this Agreement.
B. Supplier will withhold, and require its subcontractors, where applicable, to
withhold all required taxes and contributions of any federal, state or local taxing authority which
is measured by wages, salaries or other remuneration of its employees or the employees of its
subcontractors. Supplier will deposit, or cause to be deposited, in a timely manner with the
appropriate taxing authorities all amounts required to be withheld.
C. All other taxes, however denominated or measured, imposed upon the price of the
Goods provided hereunder, will be the responsibility of Supplier. In addition, all taxes assessed
by any taxing jurisdiction based on Supplier property used or consumed in the provision of the
Goods such as and including ad valorem, use, personal property and inventory taxes will be the
responsibility of Supplier.
D. Supplier will, upon written request, submit to City written evidence of any filings
or payments of all taxes required to be paid by Supplier hereunder.
Section 10. INDEPENDENT CONTRACTOR.
Supplier enters into this Agreement as an independent contractor and not as an employee
of City. Supplier shall have no power or authority by this Agreement to bind City in any respect.
11.b
Packet Pg. 181 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
5
Nothing in this Agreement shall be construed to be inconsistent with this relationship or status.
All employees, agents, contractors or subcontractors hired or retained by the Supplier are
employees, agents, contractors or subcontractors of the Supplier and not of City. City shall not be
obligated in any way to pay any wage claims or other claims made against Supplier by any such
employees, agents, contractors or subcontractors or any other person resulting from performance
of this Agreement.
Section 11. SUBCONTRACTS.
Unless otherwise specified, Supplier must obtain City’s written permission before
subcontracting any portion of the Goods. Except for the insurance requirements in Section 13.A,
all subcontracts and orders for the purchase or rental of supplies, materials or equipment, or any
other part of the Goods, will require that the subcontractor be bound by and subject to all of the
terms and conditions of the Agreement. No subcontract or order will relieve Supplier from its
obligations to City, including, but not limited to Supplier’s insurance and indemnification
obligations. No subcontract or order will bind City.
Section 12. TITLE AND RISK OF LOSS.
Unless otherwise agreed, City will have title to, and risk of loss of, all completed and
partially completed portions of the Goods upon delivery, as well as materials delivered to and
stored on City property which are intended to become a part of the Goods. However, Supplier will
be liable for any loss or damage to the Goods and/or the materials caused by Supplier or its
subcontractors, their agents or employees, and Supplier will replace or repair said Goods or
materials at its own cost to the complete satisfaction of City. Notwithstanding the foregoing, in
the event that the City has paid Supplier for all or a portion of the Goods which remains in the
possession of Supplier, then City shall have title to, and the right to take possession of, such Goods
at any time following payment therefor. Risk of loss for any Goods which remains in the
possession of Supplier shall remain with Supplier until such Goods has been delivered or City has
taken possession thereof. Supplier will have risk of loss or damage to Supplier’s property used in
the construction of the Goods but which does not become a part of the Goods.
Section 13. INDEMNIFICATION.
A. Supplier shall defend, indemnify and hold the City, its officials, officers,
employees, volunteers and agents free and harmless from any and all claims, demands, causes of
action, costs, expenses, liability, loss, damage or injury, in law or equity, to property or persons,
including wrongful death, in any manner arising out of or incident to any alleged acts, omissions,
negligence or willful misconduct of Supplier, its officials, officers, employees, agents,
subcontractors and subconsultants arising out of or in connection with the Goods or the
performance of this Agreement, including without limitation the payment of all consequential
damages and attorneys’ fees and other related costs and expenses except such loss or damage
which was caused by the sole negligence or willful misconduct of the City.
B. Supplier’s defense obligation for any and all such aforesaid suits, actions or other
legal proceedings of every kind that may be brought or instituted against the City, its officials,
officers, employees, agents, or volunteers shall be at Supplier’s own cost, expense, and risk.
11.b
Packet Pg. 182 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
6
Supplier shall pay and satisfy any judgment, award, or decree that may be rendered against City
or its officials, officers, employees, agents, or volunteers, in any such suit, action, or other legal
proceeding. Supplier shall reimburse City and its officials, officers, employees, agents, and/or
volunteers, for any and all legal expenses and costs incurred by each of them in connection
therewith or in enforcing the indemnity herein provided.
C. Supplier’s obligation to indemnify shall not be restricted to insurance proceeds, if
any, received by the City, its officials, officers, employees, agents or volunteers.
Section 14. INSURANCE.
A. General. Supplier shall take out and maintain:
1. Commercial General Liability Insurance, of at least $2,000,000 per
occurrence/ $4,000,000 aggregate for bodily injury, personal injury and property damage, at
least as broad as Insurance Services Office Commercial General Liability most recent
Occurrence Form CG 00 01;
2. Automobile Liability Insurance for bodily injury and property damage
including coverage for owned, non-owned and hired vehicles, of at least $1,000,000 per
accident for bodily injury and property damage, at least as broad as most recent Insurance
Services Office Form Number CA 00 01 covering automobile liability, Code 1 (any auto);
3. Workers’ Compensation in compliance with applicable statutory
requirements and Employer's Liability Coverage of at least $1,000,000 per occurrence; and
4. Pollution Liability Insurance of at least $1,000,000 per occurrence and
$2,000,000 aggregate shall be provided by the Supplier if transporting hazardous materials.
5. If Supplier is also the manufacturer of any equipment included in the Goods,
Supplier shall carry Product Liability and/or Errors and Omissions Insurance which covers
said equipment with limits of not less than $1,000,000.
6. Privacy/Network Security (Cyber Liability), of at least $1,000,000 per
occurrence and aggregate for: (1) privacy breaches, (2) system breaches, (3) denial or loss of
service, and (4) the introduction, implantation or spread of malicious software code, in a form
and with insurance companies acceptable to the City.
B. Additional Insured; Primary; Waiver of Subrogation; No Limitation on Coverage.
The policies required under this Section shall give City, its officials, officers, employees, agents
or volunteers additional insured status. Such policies shall contain a provision stating that
Supplier’s policy is primary insurance and that any insurance, self-insurance or other coverage
maintained by the City or any additional insureds shall not be called upon to contribute to any loss,
and shall contain or be endorsed with a waiver of subrogation in favor of the City, its officials,
officers, employees, agents, and volunteers. The limits set forth herein shall apply separately to
each insured against whom claims are made or suits are brought, except with respect to the limits
of liability. Requirements of specific coverage or limits contained in this section are not intended
11.b
Packet Pg. 183 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
7
as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally
provided by any insurance. Any available coverage shall be provided to the parties required to be
named as additional insured pursuant to this Agreement.
C. Insurance Carrier. All insurance required under this Section is to be placed with
insurers with a current A.M. Best’s rating no less than A-:VII, licensed to do business in California,
and satisfactory to the City.
D. Evidence of Insurance. Supplier shall furnish City with original certificates of
insurance and endorsements effecting coverage required by the Agreement. The certificates and
endorsements for each insurance policy shall be signed by a person authorized by that insurer to
bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates
and endorsements must be received and approved by the City before delivery commences. The
City reserves the right to require complete, certified copies of all required insurance policies, at
any time.
E. Subcontractors. All subcontractors shall meet the requirements of this Section
before commencing work. In addition, Supplier shall include all subcontractors as insureds under
its policies or shall furnish separate certificates and endorsements for each subcontractor. All
coverages for subcontractors shall be subject to all of the requirements stated herein.
F. Freight. Supplier shall ensure that third party shippers contracted by Supplier have
adequate insurance coverage for the shipped Goods.
Section 15. LIENS.
A. Supplier, subcontractors and suppliers will not make, file or maintain a mechanic’s
or other lien or claim of any kind or character against the Goods, for or on account of any labor,
materials, fixtures, tools, machinery, equipment, or any other things furnished, or any other work
done or performance given under, arising out of, or in any manner connected with the Agreement
(such liens or claims referred to as “Claims”); and Supplier, subcontractor and suppliers expressly
waive and relinquish any and all rights which they now have, or may subsequently acquire, to file
or maintain any Claim and Supplier, subcontractor and suppliers agree that this provision waiving
the right of Claims will be an independent covenant.
B. Supplier will save and hold City harmless from and against any and all Claims that
may be filed by a subcontractor, supplier or any other person or entity and Supplier will, at its own
expense, defend any and all actions based upon such Claims and will pay all charges of attorneys
and all costs and other expenses arising from such Claims.
Section 16. TERMINATION OF AGREEMENT BY CITY.
A. Should Supplier at any time refuse or fail to deliver the Goods with promptness and
diligence, or to perform any of its other obligations under the Agreement, City may terminate
Supplier’s right to proceed with the delivery of the Goods by written notice to Supplier. In such
event City may obtain the Goods by whatever method it may deem expedient, including the hiring
of another contractor or other contractors and, for that purpose, may take possession of all
11.b
Packet Pg. 184 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
8
materials, machinery, equipment, tools and appliances and exercise all rights, options and
privileges of Supplier. In such case Supplier will not be entitled to receive any further payments
until the Goods is delivered. If City’s cost of obtaining the Goods, including compensation for
additional managerial and administrative services, will exceed the unpaid balance of the
Agreement, Supplier will be liable for and will pay the difference to City.
B. City may, for its own convenience, terminate Supplier’s right to proceed with the
delivery of any portion or all of the Goods by written notice to Supplier. Such termination will be
effective in the manner specified in such notice, will be without prejudice to any claims which City
may have against Supplier, and will not affect the obligations and duties of Supplier under the
Agreement with respect to portions of the Goods not terminated.
C. On receipt of notice under Section 16.B, Supplier will, with respect to the portion
of the Goods terminated, unless the notice states otherwise,
1. Immediately discontinue such portion of the Goods and the placing of
orders for materials, facilities, and supplies in connection with the Goods,
2. Unless otherwise directed by City, make every reasonable effort to procure
cancellation of all existing orders or contracts upon terms satisfactory to City; and
3. Deliver only such portions of the Goods which City deems necessary to
preserve and protect those portions of the Goods already in progress and to protect material,
plant and equipment at the Goods site or in transit to the Goods site.
D. Upon termination pursuant to Section 16.B, Supplier will be paid a pro rata portion
of the compensation in the Agreement for any portion of the terminated Goods already delivered,
including material and services for which it has made firm contracts which are not canceled, it
being understood that City will be entitled to such material and services. Upon determination of
the amount of said pro rata compensation, City will promptly pay such amount to Supplier upon
delivery by Supplier of the releases of liens and affidavit, pursuant to Section 7.B.
Section 17. FORCE MAJEURE
A. Supplier shall not be held responsible for failure or delay in shipping nor City for
failure or delay in accepting goods described herein if such failure or delay is due to a Force
Majeure Event.
B. A Force Majeure Event shall mean an event that materially affects a Party’s
performance and is one or more of the following: (1) Acts of God or other natural disasters
occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of
governmental authorities (including, without limitation, unreasonable and unforeseeable delay in
the issuance of permits or approvals by governmental authorities that are required for the work);
(4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor
action occurring at the project site and the effects thereof on the work, only to the extent such
strikes and other organized labor action are beyond the control of Supplier and its subcontractors,
of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers.
11.b
Packet Pg. 185 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
9
For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency
proclamations and orders, rules to protect the public health, welfare and safety, and other actions
of the City in its capacity as a municipal authority.
C. In the event of any such excused interference with shipments, City shall have the
option either to reduce the quantity provided for in the order accordingly or to exercise its right of
cancellation as set forth in this Agreement.
Section 18. MISCELLANEOUS PROVISIONS.
A. Delivery of Notices. All notices permitted or required under this Agreement shall
be given to the respective parties at the following address or at such other address as the respective
parties may provide in writing for this purpose:
CITY:
City of San Bernardino
San Bernardino Public Library
555 W. Sixth St.,
San Bernardino, CA 92410
Attn: Edward Erjavek, Library Director
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
SUPPLIER:
Ingram Library Services LLC
One Ingram Blvd.
P.O. Box 3006
La Vergne, TN 37086-1986
Attn: Pamela R. Smith, Vice
President/General Manager
Such notice shall be deemed made when personally delivered or when mailed, forty -eight
(48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at
its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
B. Assignment or Transfer. Supplier shall not assign or transfer any interest in this
Agreement whether by assignment or novation, without the prior written consent of the City, which
will not be unreasonably withheld. Provided, however, that claims for money due or to become
due Supplier from the City under this Agreement may be assigned to a financial institution or to a
trustee in bankruptcy, without such approval. Notice of any assignment or transfer, whether
voluntary or involuntary, shall be furnished promptly to the City.
C. Successors and Assigns. This Agreement shall be binding on the successors and
assigns of the Parties.
D. Amendment; Modification. No supplement, modification, or amendment of this
Agreement shall be binding unless executed in writing and signed by both Parties.
11.b
Packet Pg. 186 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
10
E. Waiver. No waiver of any default shall constitute a waiver of any other default or
breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or
service voluntarily given or performed by a Party shall give the other Party any contractual rights
by custom, estoppel or otherwise.
F. Governing Law. This Agreement shall be governed by the laws of the State of
California. Venue shall be in San Bernardino County.
G. Attorneys’ Fees and Costs. If any action in law or equity, including an action for
declaratory relief, is brought to enforce or interpret the provisions of this Agreement, each Party
shall pay its own attorneys’ fees.
H. Interpretation. Since the Parties or their agents have participated fully in the
preparation of this Agreement, the language of this Agreement shall be construed simply,
according to its fair meaning, and not strictly for or against any Party.
I. No Third Party Beneficiaries. There are no intended third party beneficiaries of
any right or obligation assumed by the Parties.
J. Authority to Enter Agreement. Each Party warrants that the individuals who have
signed this Agreement have the legal power, right and authority to make this Agreement and bind
each respective Party.
K. Invalidity; Severability. If any portion of this Agreement is declared invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions
shall continue in full force and effect.
L. Counterparts. This Agreement may be signed in counterparts, each of which shall
constitute an original.
M. City’s Right to Employ Other Suppliers. City reserves its right to employ other
contractors in connection with the Goods.
N. Entire Agreement. This Agreement constitutes the entire agreement between the
Parties relative to the Goods specified herein. There are no understandings, agreements,
conditions, representations, warranties or promises with respect to this Agreement, except those
contained in or referred to in the writing.
O. Electronic Signature. Each Party acknowledges and agrees that this Agreement
may be executed by electronic or digital signature, which shall be considered as an original
signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
11.b
Packet Pg. 187 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
11
SIGNATURE PAGE TO GOODS PURCHASE AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INGRAM LIBRARY SERVICES LLC
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement on the date
first above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Edward Erjavek
Library Director
ATTESTED BY:
Genoveva Rocha
City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
INGRAM LIBRARY SERVICES LLC
Signature
Name
Title
11.b
Packet Pg. 188 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
12
Exhibit A
Goods Specifications
Ingram says cataloging and processing not quoted in its response is available at Inghram standard
prices.
Definitions of Binding Types and Presses
Discounts are applied to the publisher’s current list price. Prior to placing an order, the
Library can determine estimated discounted pricing for an entire list by utilizing the Price this List
feature on ipage.
In determining which titles receive less than full trade discounts, Ingram has utilized its
best efforts to categorize books for pricing purposes by considering the binding, cost of acquisition,
general marketing categories, publisher’s discount, and other factors as defined by the Definitions
of Binding Types and Presses provided. Ingram reserves the right to be the sole and final
determinant of the pricing category.
Trade Hardcover: High demand fiction and nonfiction books published with a glued binding and
a hardcover. These titles are typically for the general consumer and produced by widely distributed
11.b
Packet Pg. 189 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
13
publishers. Trade bindings may also be referred to as retail trade editions, trade books, hardbound
books, hardback books, cloth bound books or cloth cover books. Publishers normally produce
these titles in larger print runs. *
Quality Paperback: High demand fiction and nonfiction books with paper covers and generally
no size restriction. Any illustrations or graphics may be placed throughout the book; both paper
and printing are high quality. These titles are typically for the general consumer and produced by
widely distributed publishers. This binding may also be referred to as trade paper or trade
paperback. *
Mass Market Paperback: High demand books with paper covers that are produced in a size to
fit a standard retail store display and generally deal with subjects of mass appeal. Any illustrations
are grouped together in one section of the book. *
Library Bindings: Books of higher quality publisher bindings, usually fanned and glued, and may
also be sewn. Books may be identified as Library Bindings on ipage.
University Press: The binding types may vary for these titles (i.e. Hardcover and/or Paperback),
but all are published by a University Press.
Short Discount/Non-Trade: Lower demand, small print-run books in various bindings, and
includes legal, technical, reference, scientific, and medical titles as defined by Ingram subject
categories. Titles are generally published by small or university presses. Also included are print
and audiobook titles purchased at lower than full trade discount; titles with limited sales volume;
and/or titles from publishers not in compliance with Ingram’s purchasing requirements. Ingram is
pleased to make this broad base of titles available to our customers with no service charges.
Large Print: Ingram does not recognize the large print title as a separate binding type for discount
purposes. Large print titles will receive discounts according to the binding/press assigned to the
ISBN ordered as outlined above.
Graphic Novels: A narrative work in which the story is conveyed to the reader using comic form.
The term is employed in a broad manner, encompassing nonfiction works and thematically linked
short stories as well as fictional stories across a number of genres.
Picture Books, Board Books, Easy Readers, and Big Books: These juvenile genre categories
are not discounting categories used by Ingram. These books will receive the discount appropriate
to the specific binding/press ordered as outlined above. We estimate that at least 80% would
receive the full trade discount.
Prebound Books: Paperback books bound into a hardback edition. Our inventory also includes
over 17,500 prebound titles from Perfection Learning and San Val (Turtleback Books), and are
identified on ipage as Prebound-Sewn or Prebound-Glued.
World Language Materials: Ingram does not recognize Spanish language (or any world
languages) as a discounting category. These books will receive the discount appropriate to the
specific binding/press ordered as outlined above.
11.b
Packet Pg. 190 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
14
Spoken Word Audio: Audiobooks produced for the general consumer and dealing with subjects
of mass appeal. Spoken Word audio may be abridged or unabridged and are generally sold by
publishers at full trade discounts, however some titles may be short discounted by the publisher.
Ingram does not differentiate between MP3 CD and Audio CD formats for discounting purposes.
Book and spoken word audio kits will receive discounts based upon classification of the
title, typically by the publisher, as a book or as a spoken word audio. If classified as a book, it will
receive the discount appropriate to the specific binding/press assigned to the ISBN ordered.
DVD and Blu-ray: Currently, Ingram provides pre-recorded titles in these categories under a
single discount. However, should a new format of DVD emerge in the industry for which studios
apply different purchasing terms, Ingram will notify the Library of the discount applicable to that
new format.
Net: Low demand, small print run books in various binds upon which Ingram receives minimal or
no purchase discount. This category of book will receive a 0% discount. Ingram is pleased to
make this broad base of titles available to our customers with no service charges.
*See Short Discount for explanation on titles that may fall outside of this discount category.
11.b
Packet Pg. 191 Attachment: San Bernardino - Library - Goods Purchasing Agreement with Ingram Library Services(August 24 2021)-c1 (003) (7402 : Contract
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Jim Tickemyer, Parks, Recreation and Community Services
Director
Subject: Senior Nutrition Program Grant Award FY 2021/22 (All Wards)
Recommendation
Adopt Resolution No. 2021-219 of the Mayor and City Council of the City of San
Bernardino, California to:
1. Ratify the Grant Budget submittal and accept the Grant Award of $305,122;
2. Authorize the Director of Finance or designee to amend the FY 2021/22 adopted
budget to reflect grant revenue and expenditures, accordingly; and
3. Approve certain related purchase orders for continued operation of the Senior
Nutrition Program for the period of July 1, 2021 through June 30, 2022.
Background
The City of San Bernardino Parks, Recreation, and Community Services Department
provides a nutrition program for City residents that are 60 years of age and older.
Program participants are eligible for lunch and dinner meals Monday through Friday.
During FY 2020/21, the Senior Nutrition program served over 47,975 meals for a daily
average of approximately 195 individual clients served at the following facilities; 5 th
Street Senior Center, Perris Hill Senior Center, Hernandez Community Center, Lytle
Creek Community Center, New Hope Family Life Center, and Highland Senior Center.
These meals were served in grab-n-go style as a result of the restrictions imposed by
the State of California Governor’s Office due to the potential health effects of the
COVID-19 pandemic. The senior meals are prepared at the 5 th Street Senior Center,
and delivered to the five other sites in hot and cold containers.
Senior Nutrition Program employees, primarily part-time, continued to be scheduled
throughout the fiscal year as an essential service to the senior-age population. The City
of San Bernardino prides itself on serving a hot, nutritious meal, M-F at six locations to
200+ senior-age meal recipients.
12
Packet Pg. 192
8488
Page 2
In FY 2020/21 the Mayor and City Council approved Resolution No. 2020 -225, 1)
ratifying the grant budget submittal; 2) accepting the grant award for the Second Year of
a three-year grant cycle of July 1, 2020 through June 30, 2021; 3) amending the
adopted budget to reflect grant revenue and expenditures; 4) issuing purchase orders to
Sysco Foods, American Meat Companies dba Merit Day, Hollandia Dairy, Inc., and
Consulting Health for nutrition services.
Discussion
The Senior Nutrition Program is supported by funding received from the County of San
Bernardino Department of Aging and Adult Services (DAAS). On May 20, 2021, the City
was awarded funding for year three (3) of a three (3) year grant - cycle for the period of
July 1, 2021 through June 30, 2022, in the amount of $305,122. The FY 2020/21
requested budget amount is $305,122 with the program expecting to serve 49,000 total
meals at the six (6) nutrition sites.
The grant requires at least a match of 11.11%, or a minimum of $33,899 from the
General Fund FY 2021/22 adopted budget. The FY 2021/22 adopted budget anticipated
a County Senior Nutrition Grant award of $379,581. In July, staff confirmed the actual
grant award amount to be $305,211.
In FY 2019/20, the Purchasing Division of the Finance Department issued an RFQ for
Food Supplies and Consumable Products. Of the bidders that responded, it was
determined that Sysco Foods, American Meat Companies dba Merit Day, and Hollandia
Dairy, Inc. were the lowest most responsive bidders. Staff is seekin g City Council
approval for year three of a three -year option to renew the FY 2021/22 issuance of
purchase orders as follows:
Sysco Foods: $ 125,000.00
American Meat Companies: $ 24,000.00
Hollandia Dairy: $ 19,000.00
Consulting Health and Nutrition Services: $ 17,500.00
In conformance with the provisions of the grant, the proposed action is to accept the
grant award for year three (3) of a three (3) year grant cycle for the term of July 1, 2021
through June 30, 2022; issue annual purchase orders for the food vendors for the term
of July 1, 2021 through June 30, 2022, issue the annual purchase order for the nutrition
consulting services, and approve the City cash and in-kind contribution of $239,315.
These proposed actions will allow the Senior Nutrition Program to continue to deliver
nutritional services to the City’s senior population.
2020-2025 Key Strategic Targets and Goals
This proposal aligns with Goal No. 1: Financial Stability by securing a long-term revenue
source and creating a framework for spending decisions, Key Target No. 2: Focused,
Aligned Leadership and Unified Community, by developing and implementing a
community engagement plan, and Key Target No. 3: Improved Quality of Life.
12
Packet Pg. 193
8488
Page 3
Fiscal Impact
The amount of grant funding currently available to the City from the County for FY
2021/22 is $ 305,122. Acceptance of the grant requires an amendment to the FY
2021/22 adopted budget to reconcile the budgeted amount of $379,581 to the actual
grant amount awarded.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-219:
1. Ratifying the Grant Budget submittal and accepting the Grant Award of $305,122;
2. Authorizing the Director of Finance or designee to amend the FY 2021/22
adopted budget to reflect grant revenue and expenditures, accordingly; and
3. Approving certain related purchase orders for continued operation of the Senior
Nutrition Program for the period of July 1, 2021 through June 30, 2022.
Attachments
Attachment 1 Resolution 2021-219 - 2021-22 SNP Grant Year 3 of 3
Attachment 2 Resolution 2021-219; Exhibit A - 2019-22 SNP Grant County
Contract No. 19-372
Attachment 3 2021-22 SNP Grant Year 3 of 3, Grant Allocation Notice & Budget
Ward: All
Synopsis of Previous Council Actions:
September 16, 2020 Mayor and City Council adopted Resolution 2020-225,
approving Year Two of a Three-Year Grant Allocation with
the County of San Bernardino, Department of Aging and
Adult Services (DAAS) for the Senior Nutrition Program.
May 5, 2020 Mayor and City Council ratified the submittal of Amendment
No. One (1) Budget of the Senior Nutrition Program Grant to
the County of San Bernardino, Department of Aging and
Adult Services (DAAS).
August 7, 2019 Mayor and City Council adopted Resolution 2019-163,
approving Year One of a Three-Year Grant Allocation with
the County of San Bernardino, Department of Aging and
Adult Services (DAAS) for the Senior Nutrition Program.
12
Packet Pg. 194
Resolution No. 2021-
Resolution 2021-
Page 1 of 4
RESOLUTION NO. 2021-219
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING THE GRANT BUDGET SUBMITTAL;
ACCEPTING THE GRANT AWARD OF $305,122;
AUTHORIZING THE DIRECTOR OF FINANCE OR
DESIGNEE TO AMEND THE FY 2021/22 ADOPTED
BUDGET TO REFLECT GRANT REVENUE AND
EXPENDITURES; AND APPROVING CERTAIN RELATED
PURCHASE ORDERS FOR CONTINUED OPERATION OF
THE SENIOR NUTRITION PROGRAM FOR THE PERIOD
OF JULY 1, 2021 THROUGH JUNE 30, 2022
WHEREAS, on August 7, 2019, the Mayor and City Council adopted Resolution No.
2019-265, approving the execution of County Contract No. 19-372, for the three (3) year grant
cycle in the amount of $1,020,000 for the contract term of July 1, 2019 through June 30, 2022;
and,
WHEREAS, on May 20, 2021 the County of San Bernardino, Department of Aging and
Adult Services (DAAS) approved a Year Three Budget of a Three-Year Grant Cycle in the amount
of $305,122 for the Senior Nutrition Program for the period of July 1, 2021 through June 30, 2022;
and,
WHEREAS, on April 24, 2019, the Purchasing Division of the Finance Department issued
RFQ No. F-19-47 for Food Supplies and Consumable Products, and it was determined that Sysco
Foods, American Meat Companies dba Merit Day, and Hollandia Dairy, Inc. were determined to
be the best bidders; and,
WHEREAS, the Parks, Recreation and Community Services Department determined that
it was advantageous to the City to use the option to renew Year Three (3) of a Three-Year purchase
order cycle to continue to purchase Food Supplies and Consumable Products from Sysco Foods,
American Meat Companies dba Merit Day and Hollandia Dairy, Inc. and Consulting Health for
Nutrition Services for the period of July 1, 2021 through June 30, 2022; and,
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council of the City of San Bernardino hereby ratify a
Year Three (3) Budget of a Three-Year Grant Cycle with the County of San Bernardino,
Department of Aging and Adult Services for a grant to operate the Senior Nutrition Program.
12.a
Packet Pg. 195 Attachment: ATTACHMENT 1 - Resolution No. 2021-219; Exhibit A - 2021-22 SNP Grant Year 3 of 3 (8488 : Senior Nutrition Program Grant
Resolution No. 2021-
Resolution 2021-
Page 2 of 4
SECTION 3. The Mayor and City Council of the City of San Bernardino hereby accept
the grant award of $305,122 for year three contract term of July 1, 2021 through June 30, 2022,
and authorize the Director of Finance or Designee, to amend the FY2021/22 Budget to reflect that
amount for the continued operation of the Senior Nutrition Program pursuant to the FY 2021/22
Program Budget Detail Sheet, to issue annual purchase orders to Sysco Foods, American Meat
Companies dba Merit Day, and Hollandia Dairy, Inc. for food services and consumable supplies;
and to issue an annual nutrition services purchase order to Consulting Health and Nutrition
Services for FY 2021/22 for the third (3rd) year of a three (3) year Grant Allocation Agreement,
and
SECTION 4. The appropriation of the grant award and matching funds, together totaling
$544,437 are for the operation of the Senior Nutrition Program from July 1, 2021 through June 30,
2022.
SECTION 5. The Director of Finance, or designee, is directed to adjust the existing budget
appropriations amongst the Parks, Recreation and Community Services accounts to accurately
reflect the grant budget and grant match budget consistent with the adopted staff report.
SECTION 6. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
12.a
Packet Pg. 196 Attachment: ATTACHMENT 1 - Resolution No. 2021-219; Exhibit A - 2021-22 SNP Grant Year 3 of 3 (8488 : Senior Nutrition Program Grant
Resolution No. 2021-
Resolution 2021-
Page 3 of 4
Approved as to form:
Sonia Carvalho, City Attorney
12.a
Packet Pg. 197 Attachment: ATTACHMENT 1 - Resolution No. 2021-219; Exhibit A - 2021-22 SNP Grant Year 3 of 3 (8488 : Senior Nutrition Program Grant
Resolution No. 2021-
Resolution 2021-
Page 4 of 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. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
12.a
Packet Pg. 198 Attachment: ATTACHMENT 1 - Resolution No. 2021-219; Exhibit A - 2021-22 SNP Grant Year 3 of 3 (8488 : Senior Nutrition Program Grant
12.b
Packet Pg. 199 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 200 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 201 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 202 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 203 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 204 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 205 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 206 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 207 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 208 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 209 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 210 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 211 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 212 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 213 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 214 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 215 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 216 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 217 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 218 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 219 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 220 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 221 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 222 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 223 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 224 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 225 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 226 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 227 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 228 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 229 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 230 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 231 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 232 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 233 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 234 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 235 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 236 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 237 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 238 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 239 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 240 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 241 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 242 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 243 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 244 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 245 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 246 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 247 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 248 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 249 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 250 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 251 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 252 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 253 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 254 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 255 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 256 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 257 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 258 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 259 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 260 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 261 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 262 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 263 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 264 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 265 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 266 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 267 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 268 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 269 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 270 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 271 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 272 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 273 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 274 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 275 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 276 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 277 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 278 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.b
Packet Pg. 279 Attachment: ATTACHMENT 2 - Resolution 2021-219; Exhibit A - 2019-22 SNP Grant - County Contract 19-312 (8488 : Senior Nutrition Program
12.c
Packet Pg. 280 Attachment: ATTACHMENT 3 - 2021-22 SNP Grant Year 3 of 3.Grant Allocation Notice & Budget (8488 : Senior Nutrition Program Grant Award
12.c
Packet Pg. 281 Attachment: ATTACHMENT 3 - 2021-22 SNP Grant Year 3 of 3.Grant Allocation Notice & Budget (8488 : Senior Nutrition Program Grant Award
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Eric McBride, Interim Chief of Police
Subject: Resolution to Accept and Administer the FY 2021/22 OTS
STEP Grant (All Wards)
Recommendation
Adopt Resolution No. 2021-218 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to accept and administer the Fiscal
Year 2021/22 California Office of Traffic Safety (OTS) Selective Traffic Enforcement
Program (STEP) grant and authorizing the Director of Finance to amend the Fiscal Year
2021/22 Adopted Budget, effective July 1, 2021.
Background
The California Office of Traffic Safety (OTS) has awarded its Selective Traffic
Enforcement Program (STEP) grant for Fiscal Year 2021/2022 to law enforcement
agencies in the state that have shown best practice strategies to reduce traffic collisions
and promote traffic safety awareness. The City of San Bernardino has received annual
OTS STEP grant funding for well over a decade and has been awarded $444,895 for
Federal Fiscal Year October 1, 2021 through September 30, 2022.
Discussion
The OTS STEP grant combines several traffic en forcement programs under a single
grant umbrella, which reimburses law enforcement agencies for overtime worked on
proven traffic enforcement strategies such as driving under the influence/California
driver’s license (DUI/CDL) checkpoints and DUI saturatio n patrols. In addition to
checkpoints and saturation patrols, the Police Department will use grant funds to
develop a “Hot Sheet” program to alert patrol and traffic officers to be on the lookout for
identified repeat DUI offenders with suspended or revok ed licenses as a result of DUI
convictions. Using STEP grant funding, the Police Department will also add patrols
focused on motorcycle DUI enforcement, traffic enforcement, collaborative DUI
enforcement with neighboring agencies, motorcycle safety enforcement, and
bicycle/pedestrian safety enforcement operations. Grant funding will provide for
supervisors, detectives, officers, and professional staff to accomplish OTS STEP grant
objectives. Staffing levels will vary depending on the enforcement detail b eing worked.
There are no matching fund requirements for this grant.
All grant funded traffic operations will be conducted to make the streets of San
13
Packet Pg. 282
8483
Page 2
Bernardino safer for all pedestrians and motorists. In addition to enforcement
strategies, the STEP program will seek voluntary compliance of traffic laws through
public education and safety awareness campaigns throughout the one -year grant
period. The grant will also reimburse the cost of DUI related training for officers,
phlebotomist services during DUI enforcement operations, and equipment and supplies
used at checkpoints. Staff recommends authorization for the City Manager to accept,
execute, and administer the State of California OTS STEP Grant Agreement for Grant
Number PT22066 (Attachment 2).
2020-2025 Key Strategic Targets and Goals
The acceptance and administration of the OTS STEP grant aligns with Key Target No.
1: Financial Stability, by implementing, maintaining, and updating a fiscal accountability
plan; Key Target No. 2: Focused, Aligned Leadership and Unified Community, by
developing and implementing a community engagement plan; and Key Target No. 3:
Improved Quality of Life, by evaluating the public safety service delivery models to
enhance the quality of service.
Fiscal Impact
The financial impact to the City is $444,895 in both revenues and expenditures in the
FY 2021/2022 adopted budget. There are no matching fund requirements for this grant.
Staff requests authorization for the Director of Finance to amend the Adopted FY
2021/2022 budget increasing the Police grant program budget by $444,895.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-218, authorizing the City Manager to accept and
administer the FY 2021/2022 California Office of Traffic Safety (OTS) Selective Traffic
Enforcement Program (STEP) grant and authorizing the Director of Finance to amend
the FY 2021/22 Adopted Budget effective July 1, 2021.
Attachments
Attachment 1 Resolution 2021-218
Attachment 2 OTS Grant Agreement - PT22066.
Ward: All
Synopsis of Previous Council Actions:
September 2, 2020 Resolution 2020-218, California Office of Traffic Safety - STEP
grant, approved by Council.
July 17, 2019 Resolution 2019-264, California Office of Traffic Safety - STEP
grant, approved by Council.
October 3, 2018 Resolution 2018-272, California Office of Traffic Safety - STEP
grant, approved by Council.
July 5, 2017 Resolution 2017-126, California Office of Traffic Safety - STEP
13
Packet Pg. 283
8483
Page 3
grant, approved by Council.
October 14, 2016 Resolution 2016-211, California Office of Traffic Safety - STEP
grant, approved by Council.
January 23, 2015 Resolution 2015-10, California Office of Traffic Safety - STEP grant,
approved by Council.
March 3, 2014 Resolution 2014-49, California Office of Traffic Safety - STEP grant,
approved by Council.
January 7, 2013 Resolution 2013-1, California Office of Traffic Safety - STEP grant,
approved by Council.
April 10, 2012 Resolution 2012-67, California Office of Traffic Safety - STEP grant,
approved by Council.
13
Packet Pg. 284
Resolution No. 2021- ___
Resolution 2021-
Page 1 of 3
RESOLUTION NO. 2021-218
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT AND
ADMINISTER THE FY2021/22 STATE OF CALIFORNIA
OFFICE OF TRAFFIC SAFETY GRANT IN THE AMOUNT
OF $444,895
WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety
grant for the period of October 1, 2021, through September 30, 2022.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. Mayor and City Council hereby authorize the City Manager to execute the
State of California Office of Traffic Safety Grant Agreement, Grant Number PT22066, in the
amount of $444,895, attached hereto, marked Attachment 2, and incorporated herein.
SECTION 3. The Director of Finance is hereby authorized to amend the Adopted
FY2021/22 budget increasing both revenue and expenditures by $444,895, as outlined in the
attached grant agreement budget.
SECTION 4. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
13.a
Packet Pg. 285 Attachment: Attachment 1 - Resolution 2021-218 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All Wards))
Resolution No. 2021- ___
Resolution 2021-
Page 2 of 3
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
13.a
Packet Pg. 286 Attachment: Attachment 1 - Resolution 2021-218 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All Wards))
Resolution No. 2021- ___
Resolution 2021-
Page 3 of 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
13.a
Packet Pg. 287 Attachment: Attachment 1 - Resolution 2021-218 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All Wards))
8/5/2021 4:13:46 PM Page 1 of 18
State of California – Office of Traffic Safety
GRANT AGREEMENT
GRANT NUMBER
PT22066
1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)
2. NAME OF AGENCY 3. Grant Period
San Bernardino From:
To:
10/01/2021
09/30/2022 4. AGENCY UNIT TO ADMINISTER GRANT
San Bernardino Police Department
5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes
involving alcohol and other primary crash factors. The funded strategies may include impaired driving
enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt
enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public
awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These
strategies are designed to earn media attention thus enhancing the overall deterrent effect.
6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $444,895.00
7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by
this reference made a part of the Agreement:
Schedule A – Problem Statement, Goals and Objectives and Method of Procedure
Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)
Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)
Exhibit A – Certifications and Assurances
Exhibit B* – OTS Grant Program Manual
Exhibit C – Grant Electronic Management System (GEMS) Access
*Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if
attached hereto.
These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we
are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.
IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.
8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Jeff Harvey
Sergeant
harvey_je@sbcity.org
909-388-4912
710 N. “ D” Street
San Bernardino, CA 92401
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Robert D. Field
City Manager
field_ro@sbcity.org
(909) 384-5122
290 N D Street
San Bernardino, CA 92401
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL
D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Susan Stevens
Senior Management Analyst
stevens_su@sbcity.org
(909) 384-5693
710 North D Street
San Bernardino, CA 92401
NAME:
TITLE:
EMAIL:
PHONE:
ADDRESS:
Barbara Rooney
Director
barbara.rooney@ots.ca.gov
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
13.b
Packet Pg. 288 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 2 of 18
10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED
EXPENDITURES
AGREEMENT
TOTAL $444,895.00
AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted
funds for the current budget year are available for the period and
purpose of the expenditure stated above.
$444,895.00
PRIOR AMOUNT ENCUMBERED FOR THIS
AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE
$444,895.00
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION
NAME: Carolyn Vu
SAM #:
REGISTERED
ADDRESS:
CITY:
ZIP+4:
HRJPGFZSC3H6
710 N. D Street
San Bernardino
92401-1112
ADDRESS: 2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
13.b
Packet Pg. 289 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 3 of 18
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule A
GRANT NUMBER
PT22066
1. PROBLEM STATEMENT
San Bernardino is the second-largest city in the Inland Empire metropolitan area of California, and the
county seat of San Bernardino County, the largest county in geographic area in the 48 contiguous
states. San Bernardino is the gateway to the San Bernardino Mountains, and is a major crossroads for
traffic along the I-10 and I-215/15 transportation and Las Vegas corridor. The City of San Bernardino has
continued to see increases in fatalities. Between the years of 2009-2013, the city had an average of 14.8
fatalities at a rate of 7.4 per 100,000. In 2015-2020 the city experienced increases in fatalities of 38, 28, 42,
46 and 62 fatalities respectively per year. The current 2020 fatality rate in San Bernardino is 28.48 per
capita. Nationally, 2018 fatal crash rates are at a comparative 11.18 per capita. Using California OTS
ranking information for 2018, San Bernardino was ranked 15 of 59 cities in the state of California. As can be
seen in the chart below, fatalities continue to rise:
13.b
Packet Pg. 290 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 4 of 18
13.b
Packet Pg. 291 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 5 of 18
13.b
Packet Pg. 292 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 6 of 18
An increase in DUI fatalities was observed in 2020 at 62% as compared to 29% in 2019. An increase in DUI
driving under the influence of marijuana and inhalants has been observed, resulting in a higher number of
fatalities. Many fatalities in the city are pedestrian related and constituted 29% of fatalities in 2020.
Pedestrian fatalities decreased 10% in 2020 but there is continued need for pedestrian enforcement.
Enforcement has focused on areas where a high number of pedestrian crashes occur, including school
zones.
One of the major contributors to our crime and traffic issues is a lack of manpower. The police department
has hired additional officers but there is a high level of calls for service. Due to a high number of calls for
service, patrol units are not able to conduct highly visible traffic enforcement. The motor unit is tasked with
high visibility enforcement, but staffs only six officers with an auxiliary unit of six officers to assist with
investigations. The Patrol Division has a high priority level for new staffing, resulting in a reduction of motor
officers. The grant funds that have been awarded by the Office of Traffic Safety have been extremely
beneficial to the residents, businesses, and visitors of San Bernardino. Grant funds put more officers on the
streets for enforcement of traffic laws and educating the public.
In 2020, the San Bernardino Police Department investigated 62 fatal traffic crashes. All of the crash
investigations were conducted by Traffic Division personnel consisting of six officers. These investigations
are time consuming and take the traffic officers off the street for a substantial amount of time, which also
adds to the decrease in our proactive time to enforce traffic laws. The funds granted By California Office of
Traffic Safety substantially increase officers proactive time to increase traffic safety.
2. PERFORMANCE MEASURES
A. Goals:
1. Reduce the number of persons killed in traffic crashes.
2. Reduce the number of persons injured in traffic crashes.
3. Reduce the number of pedestrians killed in traffic crashes.
4. Reduce the number of pedestrians injured in traffic crashes.
5. Reduce the number of bicyclists killed in traffic crashes.
6. Reduce the number of bicyclists injured in traffic crashes.
7. Reduce the number of persons killed in alcohol-involved crashes.
8. Reduce the number of persons injured in alcohol-involved crashes.
9. Reduce the number of persons killed in drug-involved crashes.
10. Reduce the number of persons injured in drug-involved crashes.
11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.
12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.
13. Reduce the number of motorcyclists killed in traffic crashes.
14. Reduce the number of motorcyclists injured in traffic crashes.
15. Reduce hit & run fatal crashes.
16. Reduce hit & run injury crashes.
17. Reduce nighttime (2100 - 0259 hours) fatal crashes.
18. Reduce nighttime (2100 - 0259 hours) injury crashes.
B. Objectives: Target Number
1. Issue a press release announcing the kick-off of the grant by November 15. The
kick-off press releases and media advisories, alerts, and materials must be
emailed to the OTS Public Information Officer at pio@ots.ca.gov, and copied to
your OTS Coordinator, for approval 14 days prior to the issuance date of the
release.
1
2. Participate and report data (as required) in the following campaigns, National Walk
to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization,
National Distracted Driving Awareness Month, National Motorcycle Safety Month,
National Bicycle Safety Month, National Click it or Ticket Mobilization, NHTSA
Summer Mobilization, National Child Passenger Safety Week, and California's
Pedestrian Safety Month.
10
3. Develop (by December 31) and/or maintain a “HOT Sheet” program to notify patrol
and traffic officers to be on the lookout for identified repeat DUI offenders with a
12
13.b
Packet Pg. 293 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 7 of 18
suspended or revoked license as a result of DUI convictions. Updated HOT sheets
should be distributed to patrol and traffic officers monthly.
4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety
Testing (SFST) (minimum 16 hours) POST-certified training.
2
5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired
Driving Enforcement (ARIDE) 16 hour POST-certified training.
1
6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training. 1
7. Send law enforcement personnel to the DRE Recertification training. 1
8. Send law enforcement personnel to SFST Instructor training. 1
9. Send law enforcement personnel to DRE Instructor training. 0
10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted
during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To
enhance the overall deterrent effect and promote high visibility, it is recommended
the grantee issue an advance press release and conduct social media activity for
each checkpoint. For combination DUI/DL checkpoints, departments should issue
press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs
for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead."
OTS does not fund or support independent DL checkpoints. Only on an exception
basis and with OTS pre-approval will OTS fund checkpoints that begin prior to
1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or
ARIDE-trained.
6
11. Conduct DUI Saturation Patrol operation(s). 12
12. Conduct Traffic Enforcement operation(s), including but not limited to, primary
crash factor violations.
5
13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting
drivers using hand held cell phones and texting.
2
14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or
during events with a high number of motorcycle incidents or crashes resulting from
unsafe speed, DUI, following too closely, unsafe lane changes, improper turning,
and other primary crash factor violations by motorcyclists and other drivers.
1
15. Conduct Nighttime (1800-0559) Click It or Ticket enforcement operation(s). 1
16. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in
areas or during events with a high number of pedestrian and/or bicycle crashes
resulting from violations made by pedestrians, bicyclists, and drivers.
5
17. Conduct Traffic Safety educational presentation(s) with an effort to reach
community members. Note: Presentation(s) may include topics such as distracted
driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger
safety.
3
18. Conduct highly visible collaborative DUI Enforcement operations 1
19. Conduct highly visible collaborative Traffic Enforcement operations 1
3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)
The department will develop operational plans to implement the “best practice” strategies
outlined in the objectives section.
All training needed to implement the program should be conducted this quarter.
All grant related purchases needed to implement the program should be made this quarter.
In order to develop/maintain the “Hot Sheets,” research will be conducted to identify the “worst of
the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI
convictions. The Hot Sheets may include the driver’s name, last known address, DOB,
description, current license status, and the number of times suspended or revoked for DUI. Hot
Sheets should be updated and distributed to traffic and patrol officers at least monthly.
Implementation of the STEP grant activities will be accomplished by deploying personnel at high
crash locations.Media Requirements
Issue a press release approved by the OTS PIO announcing the kick-off of the grant by
November 15, but no sooner than October 1. The kick-off release must be approved by the OTS
PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the
13.b
Packet Pg. 294 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 8 of 18
November 15 deadline to issue a kick-off press release, communicate reasons to your OTS
coordinator and OTS PIO.
B. Phase 2 – Program Operations (Throughout Grant Year)
The department will work to create media opportunities throughout the grant period to call
attention to the innovative program strategies and outcomes.Media Requirements
The following requirements are for all grant-related activities.
Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts,
storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO
at pio@ots.ca.gov for approval and copy your OTS coordinator. Optimum lead time would be 7
days before the scheduled release but at least 3 business days prior to the scheduled release
date for review and approval is appreciated.
The OTS PIO is responsible for the approval of the design and content of materials. The agency
understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any
cost approvals must come from the Coordinator.
Pre-approval is not required when using any OTS-supplied template for media advisories, press
releases, social media graphics, videos or posts, or any other OTS-supplied educational material.
However, copy the OTS PIO at pio@ots.ca.gov and your OTS coordinator when any material is
distributed to the media and public, such as a press release, educational material, or link to social
media post. The OTS-supplied kick-off press release templates and any kickoff press releases
are an exception to this policy and require prior approval before distribution to the media and
public.
If an OTS-supplied template, educational material, social media graphic, post or video is
substantially changed, the changes shall be sent to the OTS PIO at pio@ots.ca.gov for approval
and copy to your OTS Coordinator. Optimum lead time would be 7 days prior to the scheduled
release date, but at least 3 business days prior to the scheduled release date for review and
approval is appreciated.
Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting
immediate and time-sensitive grant activities (e.g. enforcement operations, day of event
highlights or announcements, event invites) are exempt from the OTS PIO approval process. The
OTS PIO and your Coordinator should still be notified when the grant-related activity is
happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints,
etc.).
Enforcement activities such as warrant and probation sweeps, court stings, etc. that are
embargoed or could impact operations by publicizing in advance are exempt from the PIO
approval process. However, announcements and results of activities should still be copied to the
OTS PIO at pio@ots.ca.gov and your Coordinator with embargoed date and time or with
“INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.
Any earned or paid media campaigns for TV, radio, digital or social media that are part of a
specific grant objective, using OTS grant funds, or designed and developed using contractual
services by a subgrantee, requires prior approval. Please send to the OTS PIO at
pio@ots.ca.gov for approval and copy your grant coordinator at least 3 business days prior to the
scheduled release date.
Social media posts highlighting state or national traffic safety campaigns (Distracted Driving
Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI check points,
etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are
highly encouraged but do not require prior approval.
Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters,
scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid
media campaign grant objective) to the OTS PIO at pio@ots.ca.gov and copy your OTS
Coordinator for approval prior to the production or duplication.
Use the following standard language in all press, media, and printed materials, space permitting:
Funding for this program was provided by a grant from the California Office of Traffic Safety,
through the National Highway Traffic Safety Administration.
Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or
earned social media campaign grant objective; consult your OTS Coordinator for specifics,
format-appropriate logos, or if space does not permit the use of the OTS logo.
13.b
Packet Pg. 295 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 9 of 18
Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 21 days in
advance, or when first confirmed, a short description of any significant grant-related traffic safety
event or program, particularly events that are highly publicized beforehand with anticipated media
coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.
If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including
any media coverage (broadcast, digital, print) of event within 7 days following significant grant-
related event or program. Media and program highlights are to be reflected in QPRs.
Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any
educational or informational materials that received PIO approval in a prior grant year needs to
be resubmitted for approval in the current grant year.
Contact the OTS PIO or your OTS Coordinator for consultation when changes from any of the
above requirements might be warranted.
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)
1. Prepare and submit invoice claims (due January 30, April 30, July 30, and October 30).
2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and
October 30).
Collect and report quarterly, appropriate data that supports the progress of goals and objectives.
Provide a brief list of activity conducted, procurement of grant-funded items, and significant
media activities. Include status of grant-funded personnel, status of contracts, challenges, or
special accomplishments.
Provide a brief summary of quarterly accomplishments and explanations for objectives not
completed or plans for upcoming activities.
Collect, analyze and report statistical data relating to the grant goals and objectives.
4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in
the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary
of the grant’s accomplishments, challenges and significant activities. This narrative should also include
whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.
5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities
after grant conclusion.
13.b
Packet Pg. 296 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 10 of 18
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B
GRANT NUMBER
PT22066
FUND NUMBER CATALOG
NUMBER (CFDA)
FUND DESCRIPTION TOTAL AMOUNT
164AL-22 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$285,000.00
402PT-22 20.600 State and Community Highway
Safety
$159,895.00
COST CATEGORY FUND
NUMBER
UNIT COST OR
RATE
UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Positions and Salaries
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-22 $17,407.00 6 $104,442.00
DUI Saturation Patrols 164AL-22 $12,627.00 12 $151,524.00
Collaborative DUI Enforcement 164AL-22 $7,901.00 1 $7,901.00
Benefits OT @ 5.25% 164AL-22 $263,867.00 1 $13,853.00
Traffic Enforcement 402PT-22 $9,956.00 5 $49,780.00
Distracted Driving 402PT-22 $9,956.00 2 $19,912.00
Motorcycle Safety 402PT-22 $9,956.00 1 $9,956.00
Night-time Click It Or Ticket 402PT-22 $9,956.00 1 $9,956.00
Pedestrian and Bicycle Enforcement 402PT-22 $9,952.00 5 $49,760.00
Traffic Safety Education 402PT-22 $1,000.00 3 $3,000.00
Collaborative Traffic Enforcement 402PT-22 $7,901.00 1 $7,901.00
Benefits OT @ 5.25% 402PT-22 $148,265.00 1 $7,784.00
Category Sub-Total $435,769.00
B. TRAVEL EXPENSES
In State Travel 402PT-22 $1,846.00 1 $1,846.00
$0.00
Category Sub-Total $1,846.00
C. CONTRACTUAL SERVICES
Phlebotomist 164AL-22 $50.00 60 $3,000.00
Category Sub-Total $3,000.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
DUI Checkpoint Supplies 164AL-22 $4,280.00 1 $4,280.00
Category Sub-Total $4,280.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00
GRANT TOTAL $444,895.00
13.b
Packet Pg. 297 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 11 of 18
State of California – Office of Traffic Safety
GRANT AGREEMENT
Schedule B-1
GRANT NUMBER
PT22066
BUDGET NARRATIVE
PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations
conducted by appropriate department personnel
Benefits OT @ 5.25% - The OT benefit calculation of 5.25% includes:
Medicare@1.45%
Unemployment Insurance@0.30%
Workers Compensation@3.5%
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate
department personnel.
Night-time Click It Or Ticket - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by
appropriate department personnel.
Traffic Safety Education - Overtime for grant funded traffic safety presentations or campaigns conducted by
appropriate department personnel.
Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations
conducted by appropriate department personnel
Benefits OT @ 5.25% - The OT benefit calculation of 5.25% includes:
Medicare@1.45%
Unemployment Insurance@0.30%
Workers Compensation@3.5%
TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events
supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and
meetings is included. All conferences, seminars or training not specifically identified in the Budget Narrative
must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be
claimed for meals provided at conferences when registration fees are paid with OTS grant funds.
CONTRACTUAL SERVICES
13.b
Packet Pg. 298 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 12 of 18
Phlebotomist - To draw and collect blood samples from suspected DUI drivers on scene as evidence in
support of DUI convictions in a court of law.
EQUIPMENT
-
OTHER DIRECT COSTS
DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include
28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),
traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares,
PAS device supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items
may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.
INDIRECT COSTS
-
STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.
Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law
enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and
objectives here under.
13.b
Packet Pg. 299 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 13 of 18
State of California – Office of Traffic Safety
GRANT AGREEMENT
Exhibit A
GRANT NUMBER
PT22066
CERTIFICATIONS AND ASSURANCES FOR HIGHWAY SAFETY GRANTS
(23 U.S.C. Chapter 4; Sec. 1906, Pub. L. 109-59, As Amended By Sec. 4011, Pub. L. 114-94)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page,
that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State
rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding.
Applicable provisions include, but are not limited to, the following:
GENERAL REQUIREMENTS
• 23 U.S.C. Chapter 4 – Highway Safety Act of 1966, as amended
• Sec. 1906, Pub. L. 109-59, as amended by Sec. 4011, Pub. L. 114-94
• 23 CFR part 1300 – Uniform Procedures for State Highway Safety Grant Programs
• 2 CFR part 200 – Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards
• 2 CFR part 1201 – Department of Transportation, Uniform Administrative Requirements, Cost Principles, and
Audit Requirements for Federal Awards
NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency will comply with all Federal statutes and implementing regulations relating to
nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on
the basis of race, color, national origin) and 49 CFR part 21;
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C.
4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of
Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of
1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits
discrimination on the basis of disability) and 49 CFR part 27;
• The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the
basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of
Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation
Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or
activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are
Federally-funded or not);
• Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on
the basis of disability in the operation of public entities, public and private transportation systems, places of
public accommodation, and certain testing) and 49 CFR parts 37 and 38;
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations (prevents discrimination against minority populations by discouraging programs,
policies, and activities with disproportionately high and adverse human health or environmental effects on
minority and low-income populations); and
• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency
(guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP)
by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access
to programs (70 FR 74087-74100).
The Subgrantee-
• Will take all measures necessary to ensure that no person in the United States shall, on the grounds of race,
color, national origin, disability, sex, age, limited English proficiency, or membership in any other class
protected by Federal Nondiscrimination Authorities, be excluded from participation in, be denied the benefits of,
13.b
Packet Pg. 300 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 14 of 18
or be otherwise subjected to discrimination under any of its programs or activities, so long as any portion of the
program is Federally-assisted;
• Will administer the program in a manner that reasonably ensures that any of its subrecipients, contractors,
subcontractors, and consultants receiving Federal financial assistance under this program will comply with all
requirements of the Non-Discrimination Authorities identified in this Assurance;
• Agrees to comply (and require its subrecipients, contractors, subcontractors, and consultants to comply) with
all applicable provisions of law or regulation governing US DOT’s or NHTSA’s access to records, accounts,
documents, information, facilities, and staff, and to cooperate and comply with any program or compliance
reviews, and/or complaint investigations conducted by US DOT or NHTSA under any Federal Nondiscrimination
Authority;
• Acknowledges that the United States has a right to seek judicial enforcement with regard to any matter arising
under these Non-Discrimination Authorities and this Assurance;
• Agrees to insert in all contracts and funding agreements with other State or private entities the following
clause:
“During the performance of this contract/funding agreement, the contractor/funding recipient agrees—
a. To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time;
b. Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law
or regulation, as set forth in appendix B of 49 CFR part 2l and herein;
c. To permit access to its books, records, accounts, other sources of information, and its facilities as required by
the State highway safety office, US DOT or NHTSA;
d. That, in event a contractor/funding recipient fails to comply with any nondiscrimination provisions in this
contract/funding agreement, the State highway safety agency will have the right to impose such
contract/agreement sanctions as it or NHTSA determine are appropriate, including but not limited to withholding
payments to the contractor/funding recipient under the contract/agreement until the contractor/funding recipient
complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part;
and
e. To insert this clause, including paragraphs (a) through (e), in every subcontract and sub agreement and in
every solicitation for a subcontract or sub-agreement, that receives Federal funds under this program.
POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities
of employees whose principal employment activities are funded in whole or in part with Federal funds.
CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress or an employee of a Member of Congress in connection with the awarding
of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of
13.b
Packet Pg. 301 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 15 of 18
any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any
Federal contract, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer
or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions;
3. The undersigned shall require that the language of this certification be included in the award documents for
all sub-award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification
shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a
State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any
State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying
activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA
funds from engaging in direct communications with State or local legislative officials, in accordance with
customary State practice, even if such communications urge legislative officials to favor or oppose the adoption
of a specific pending legislative proposal.
CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)
Instructions for Primary Tier Participant Certification (States)
1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification
set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The inability of a person to provide the certification required below will not necessarily result in denial of
participation in this covered transaction. The prospective primary tier participant shall submit an explanation of
why it cannot provide the certification set out below. The certification or explanation will be considered in
connection with the department or agency's determination whether to enter into this transaction. However,
failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such
person from participation in this transaction.
3. The certification in this clause is a material representation of fact upon which reliance was placed when the
department or agency determined to enter into this transaction. If it is later determined that the prospective
primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to
the Federal Government, the department or agency may terminate this transaction for cause or default or may
pursue suspension or debarment.
4. The prospective primary tier participant shall provide immediate written notice to the department or agency to
which this proposal is submitted if at any time the prospective primary tier participant learns its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of
those regulations.
6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
13.b
Packet Pg. 302 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 16 of 18
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency entering into this transaction.
7. The prospective primary tier participant further agrees by submitting this proposal that it will include the
clause titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by
the department or agency entering into this covered transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to
comply with 2 CFR parts 180 and 1200.
8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
may terminate the transaction for cause or default.
Certification Regarding Debarment, Suspension, and Other Responsibility Matters-Primary Tier Covered
Transactions
(1) The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its
principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from participating in covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting
to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal,
State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification;
and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (Federal, State, or local) terminated for cause or default.
(2) Where the prospective primary tier participant is unable to certify to any of the Statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Instructions for Lower Tier Participant Certification
1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set
out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.
2. The certification in this clause is a material representation of fact upon which reliance was placed when this
transaction was entered in to. If it is later determined that the prospective lower tier participant knowingly
rendered an erroneous certification, in addition to other remedies available to the Federal government, the
13.b
Packet Pg. 303 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 17 of 18
department or agency with which this transaction originated may pursue available remedies, including
suspension or debarment.
3. The prospective lower tier participant shall provide immediate written notice to the person to which this
proposal is submitted if at any time the prospective lower tier participant learns that its certification was
erroneous when submitted or has become erroneous by reason of changed circumstances.
4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person,
principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may
contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.
5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered
transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person
who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or
voluntarily excluded from participation in this covered transaction, unless authorized by the department or
agency with which this transaction originated.
6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause
titled “Instructions for Lower Tier Participant Certification” including the "Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary Exclusion – Lower Tier Covered Transaction," without modification, in all
lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower
tier participants to comply with 2 CFR parts 180 and 1200.
7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier
covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred,
suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification
is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or
otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the
eligibility of any prospective lower tier participants, each participant may, but is not required to, check the
System for Award Management Exclusions website (https://www.sam.gov/).
8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in
order to render in good faith the certification required by this clause. The knowledge and information of a
participant is not required to exceed that which is normally possessed by a prudent person in the ordinary
course of business dealings.
9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered
transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment
under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in
this transaction, in addition to other remedies available to the Federal government, the department or agency
with which this transaction originated may pursue available remedies, including suspension or debarment.
Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered
Transactions:
1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals
is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from
participating in covered transactions by any Federal department or agency.
2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
BUY AMERICA ACT
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when
purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal
funds only steel, iron and manufactured products produced in the United States, unless the Secretary of
Transportation determines that such domestically produced items would be inconsistent with the public interest,
that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic
materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal
13.b
Packet Pg. 304 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
8/5/2021 4:13:46 PM Page 18 of 18
funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate
basis and justification for approval by the Secretary of Transportation.
PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE
(applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for program s to check helmet
usage or to create checkpoints that specifically target motorcyclists.
POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997,
the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its
employees when operating company-owned, rented, or personally-owned vehicles. The National Highway
Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this
Presidential initiative. For information and resources on traffic safety programs and policies for employers,
please contact the Network of Employers for Traffic Safety (NETS), a public -private partnership dedicated to
improving the traffic safety practices of employers and employees. You can download information on seat belt
programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at
www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns,
and program evaluations and references.
POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving,
and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce
workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text
messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or
privately-owned vehicles when on official Government business or when performing any work on or behalf of
the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate
with the size of the business, such as establishment of new rules and programs or re-evaluation of existing
programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees
about the safety risks associated with texting while driving.
13.b
Packet Pg. 305 Attachment: Attachment 2 - OTS Grant Agreement - PT22066 (8483 : Resolution to Accept and Administer the FY 2021/22 OTS STEP Grant (All
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Declaring Intent to Annex Territory: CFD No. 2019-1
(Maintenance Services): Annex No. 10 (Ward 1)
Recommendation
Adopt Resolution No. 2021-220 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to annex territo ry into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a
map of the area to be proposed (Annexation No. 10) and authorizing the levy of a
special taxes therein.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81
establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City
of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special
taxes on parcels of taxable property to provide certain services which are necessary to
meet increased demands placed upon the City.
Discussion
On July 17, 2019, the Mayor City Council adopted Resolution No. 2019 -178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019 -1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services which are
necessary to meet increased demands placed by development upon the City.
Development projects are subject to conditions of approval that require projects to
form/annex a maintenance district. These districts apply an annual fee or special tax
upon properties within the District which provide the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant
to the Act. To that end, the Developer has submitted a "Consent and Waiver" form,
which is on file in the City Clerk's office that authorizes the City to:
• Hold the election and declare election results
• Shorten election time requirements
• Waive analysis and arguments
14
Packet Pg. 306
8495
Page 2
• Waive all notice requirements relating to the conduct of the election immediately
following the public hearing
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
• Public lighting and appurtenant facilities, including street lights within public
rights-of-way and traffic signals
• Maintenance of streets, including pavement management, and provide street
sweeping
• City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds
The proposed development includes approximately 3.58 gross acres of a vacant
industrial property to include an industrial building containing approximately 68,550
square feet. The property is located west of I-210, at the southeast intersection of west
5th Avenue and Lankershim Avenue. At build out this development will create 3.30 net
taxable acres as a new Tax Zone No. 11 within CFD No. 2019-1, as shown in the
boundary map and included in the Resolution of Intention as Exhibit “D”. In order to
annex into CFD No. 2019-1, a Resolution of Intention to annex property must be
approved to identify the facilities to be maintained and establish the maximum special
tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the
public hearing.
The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone
No. 11), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
special tax for this development has been calculated to be $1,472 per acre for FY
2021/22.
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:
• Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annexed and the rate and
method of apportionment of special taxes within the annexation area (the special
tax applies only to properties within the annexation area).
• Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
• Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special taxes in the
District.
14
Packet Pg. 307
8495
Page 3
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for October 20, 2021.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1: Financial Stability and Key Target No 4:
Economic Growth & Development. This project will contribute to ensure that the City
maintains cleanliness and provide infrastructure designed for long term economic
growth.
Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of
special taxes. Upon full completion of the development, an estimated annual collection
of special tax revenues of approximately $4,856 will be used to pay for maintenance
costs.
Annually, on March 1st, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to buildout of the project, exceeds the special tax revenues available from parcel s for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer.
By annexing into the CFD, the costs of maintaining improvements located within the
development will be financed through special taxes levied on the parcels within CFD
No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, adopt
Resolution No. 2021-220 of the Mayor and City Council of the City of San Bernardino,
California, declaring its intention to annex territory into Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the
area to be proposed (Annexation No. 10) and authorizing the levy of special taxes
therein.
Attachments
Attachment 1 Resolution No. 2021-220
Attachment 2 Resolution No. 2021-220; Exhibit A - Description of Territory
Attachment 3 Resolution No. 2021-220; Exhibit B - Description of Authorized
Services
Attachment 4 Resolution No. 2021-220; Exhibit C - Rate and Method of
Apportionment
Attachment 5 Resolution No. 2021-220; Exhibit D - Annexation and Potential
Annexation Boundary Maps
Attachment 6 Resolution No. 2021-220; Exhibit E - Signed Petition, Waiver and
14
Packet Pg. 308
8495
Page 4
Consent
Attachment 7 Resolution No. 2021-220; Exhibit F - Notice of Public Hearing
Attachment 8 Resolution No. 2021-220; Exhibit G - Special Election Ballot
Attachment 9 Project/Location Map
Attachment 10 CFD Maintenance Area Exhibit
Ward: 1
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello -
Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was
adopted declaring election results for Community Facilities District
No. 2019-1; and first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019 -20 to pay annual costs
of maintenance, services, and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services, and expenses with respect to Community Facilities
District No. 2019-1.
14
Packet Pg. 309
Resolution No. 2021-
Resolution 2021-
Page 1 of 4
RESOLUTION NO. 2021-220
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 10) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino (the “City”)
approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the City Council has received a written instrument from the landowner in the
CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD
No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and
arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Council has been advised that certain property owners have
requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No.
2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The City Council hereby declares that it proposes and
intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community
Facilities District of the territory described in Exhibit A attached hereto. The City Counci l
determines that the public convenience and necessity require that such territory be annexed to the
Community Facilities District.
SECTION 2. Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
14.a
Packet Pg. 310 Attachment: Attachment 1 - Resolution No. 2021-220 (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
Resolution No. 2021-
Resolution 2021-
Page 2 of 4
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 10, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4. Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed
to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall
file the original of the Annexation map in his office and shall file a copy of the Annexation Map
with the County Recorder of the County of San Bernardino no later than 15 days prior to the date
of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon
thereafter as practicable, on Wednesday, October 20, 2021, at the Bing Wong Auditorium of the
Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, as
the time and place when and where the City Council will conduct a public hearing on the proposed
annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday October 20,
2021 to call the election on the annexation for the same date, pursuant to waiver of election time
limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each
14.a
Packet Pg. 311 Attachment: Attachment 1 - Resolution No. 2021-220 (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
Resolution No. 2021-
Resolution 2021-
Page 3 of 4
landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially
the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the
property owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
14.a
Packet Pg. 312 Attachment: Attachment 1 - Resolution No. 2021-220 (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
Resolution No. 2021-
Resolution 2021-
Page 4 of 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. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
14.a
Packet Pg. 313 Attachment: Attachment 1 - Resolution No. 2021-220 (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
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. 10 is currently comprised of one parcel, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APN).
APN Owner Name
1192-311-01 Lankershim Industrial, LP
14.b
Packet Pg. 314 Attachment: Attachment 2 - Resolution No. 2021- 220; Exhibit A - Description of Territory (8495 : Declaring Intent to Annex Territory: CFD No.
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
14.c
Packet Pg. 315 Attachment: Attachment 3 - Resolution No. 2021- 220, Exhibit B - Description of Authorized Services (8495 : Declaring Intent to Annex
EXHIBIT C
CityofSanBernardino1
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXFOR
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
OFTHECITYOFSANBERNARDINO
ASpecialTax(the“SpecialTax”)shallbeleviedonandcollectedfromeachAssessor’sParcel(defined
below)inCommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)(the“CFDNo.2019Ͳ1”or
“CFD”;definedbelow),ineachFiscalYear,(definedbelow),commencingintheFiscalYearbeginningJuly
1,2019,inanamountdeterminedbytheCityCounciloftheCityofSanBernardino,actinginitscapacity
asthelegislativebodyofCFDNo.2019Ͳ1,byapplyingtherateandmethodofapportionmentsetforth
below.AlloftherealpropertyinCFDNo.2019Ͳ1,unlessexemptedbylaworbytheprovisionsherein,
shallbetaxedtotheextentandinthemannerprovidedherein.
A. DEFINITIONS
“Acre”or“Acreage”meansthelandareaofanAssessor’sParcelasshownonanyAssessor’sParcel
Map,orifthelandareaisnotshownontheAssessor’sParcelMap,thelandareaasshownonthe
applicableFinalMap,oriftheareaisnotshownontheapplicableFinalMap,thelandareashallbe
calculatedbytheAdministrator.
“AdministrativeExpenses”meanstheactualorreasonablyestimatedcostsdirectlyrelatedtothe
formation,annexation,andadministrationofCFDNo.2019Ͳ1including,butnotlimitedto:thecosts
ofcomputingtheSpecialTaxesandpreparingtheannualSpecialTaxcollectionschedules(whether
bytheCityordesigneethereoforboth);thecoststotheCity,CFDNo.2019Ͳ1,oranydesigneethereof
associatedwithfulfillingtheCFDNo.2019Ͳ1disclosurerequirements;thecostsassociatedwith
respondingtopublicinquiriesregardingtheSpecialTaxes;thecostsoftheCity,CFDNo.2019Ͳ1or
anydesigneethereofrelatedtoanappealoftheSpecialTax;andtheCity'sannualadministrationfees
includingpaymentofaproportionalshareofsalariesandbenefitsofanyCityemployeesandCity
overheadwhosedutiesarerelatedtotheadministrationandthirdpartyexpenses.Administrative
ExpensesshallalsoincludeamountsestimatedoradvancedbytheCityorCFDNo.2019Ͳ1forany
otheradministrativepurposesofCFDNo.2019Ͳ1,includingattorney'sfeesandothercostsrelatedto
commencingandpursuingtocompletionanyforeclosureofdelinquentSpecialTaxes.
“Administrator”meanstheCityManageroftheCityofSanBernardino,orhisorherdesignee.
“ApprovedProperty”meansallAssessor’sParcelsofTaxablePropertythatareincludedinaFinal
MapthatwasrecordedpriortotheMarch1precedingtheFiscalYearinwhichtheSpecialTaxisbeing
levied,andthathavenotbeenissuedabuildingpermitonorpriortotheMarch1precedingtheFiscal
yearinwhichthespecialtaxisbeinglevied.
“Assessor’sParcel”meansalotorparceloflandthatisidentifiablebyanAssessor’sParcelNumber
bytheCountyAssessoroftheCountyofSanBernardino.
“Assessor’sParcelMap”meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby
Assessor’sParcelNumber.
“Assessor’sParcelNumber”meansthatidentificationnumberassignedtoaparcelbytheCounty
AssessoroftheCounty.
14.d
Packet Pg. 316 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino2
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
“BuildingSquareFootage”or“BSF”meansthefloorareasquarefootagereflectedontheoriginal
constructionbuildingpermitissuedforconstructionofabuildingofNonͲResidentialPropertyandany
BuildingSquareFootagesubsequentlyaddedtoabuildingofsuchTaxablePropertyafterissuanceof
abuildingpermitforexpansionorrenovationofsuchbuilding.
“CalendarYear”meanstheperiodcommencingJanuary1ofanyyearandendingthefollowing
December31.
“CFD”or“CFDNo.2019Ͳ1”meanstheCityofSanBernardinoCommunityFacilitiesDistrictNo.2019Ͳ
1(MaintenanceServices).
“City”meanstheCityofSanBernardino.
“ContingentSpecialTaxBRequirement”meansthatamountrequiredinanyFiscalYear,ifthePOA
isunabletomaintaintheService(s)to:(i)paythecostsofServicesincurredorotherwisepayablein
theCalendarYearcommencinginsuchFiscalYear;(ii)fundanoperatingreserveforthecosts
ofServicesasdeterminedbytheAdministrator;lessacreditforfundsavailabletoreducetheannual
SpecialTaxB(Contingent)levyasdeterminedbytheAdministrator.
“County”meanstheCountyofSanBernardino.
“DevelopedProperty”meansallAssessor’sParcelsofTaxablePropertyforwhichabuildingpermit
fornewconstructionhasbeenissuedonorpriortoMarch1precedingtheFiscalYearinwhichthe
SpecialTaxisbeinglevied.
“ExemptProperty”meansallAssessors’ParcelsdesignatedasbeingexemptfromtheSpecialTaxas
providedforinSectionG.
“FinalMap”meansasubdivisionofpropertybyrecordationofafinalmap,parcelmap,orlotline
adjustment,pursuanttotheSubdivisionMapAct(CaliforniaGovernmentCodeSection66410etseq.)
orrecordationofacondominiumplanpursuanttoCaliforniaCivilCode1352thatcreatesindividual
lotsforwhichbuildingpermitsmaybeissuedwithoutfurthersubdivision.
“FiscalYear”meanstheperiodfromandincludingJuly1stofanyyeartoandincludingthefollowing
June30th.
“LandUseCategory”or“LUC”meansanyofthecategoriescontainedinSectionBhereoftowhichan
Assessor’sParcelisassignedconsistentwiththelanduseapprovalsthathavebeenreceivedor
proposedfortheAssessor’sParcelasofMarch1precedingtheFiscalYearinwhichtheSpecialTaxis
beinglevied.
“MaximumSpecialTax”meanseitherMaximumSpecialTaxAand/orMaximumSpecialTaxB
(Contingent),asapplicable.
“MaximumSpecialTaxA”meanstheMaximumSpecialTaxA,asdeterminedinaccordancewith
SectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor'sParcelofTaxableProperty
withinCFDNo.2019Ͳ1.
14.d
Packet Pg. 317 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino3
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
“MaximumSpecialTaxB(Contingent)”meanstheMaximumSpecialTaxB(Contingent),as
determinedinaccordancewithSectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor's
ParcelofTaxablePropertywithinCFDNo.2019Ͳ1.
“MultiͲFamilyResidentialProperty” meansanyAssessor’sParcelofresidentialpropertythatconsists
ofabuildingorbuildingscomprisedofattachedResidentialUnitssharingatleastonecommonwall
withanotherunit.
“NonͲResidentialProperty”or“NR” meansallAssessor'sParcelsofTaxablePropertyforwhicha
buildingpermit(s)wasissuedforanonͲresidentialuse.TheAdministratorshallmakethe
determinationifanAssessor’sParcelisNonͲResidentialProperty.
“PropertyOwner’sAssociation”or“POA”meansthepropertyowner’sassociationorhomeowner’s
associationestablishedtomaintaincertainlandscapingwithinaTaxZone.
“Proportionately”meansforTaxablePropertythatis:(i)DevelopedProperty,thattheratioofthe
actualSpecialTaxlevytotheMaximumSpecialTaxisthesameforallParcelsofDevelopedProperty
withthesameTaxZone,(ii)ApprovedProperty,thattheratiooftheactualSpecialTaxlevytothe
MaximumSpecialTaxisthesameforallParcelsofApprovedPropertywiththesameTaxZone,and
(iii)UndevelopedPropertythattheratiooftheactualSpecialTaxlevyperacretotheMaximum
SpecialTaxperacreisthesameforallParcelsofUndevelopedPropertywiththesameTaxZone.
“ResidentialUnit”or"RU"meansaresidentialunitthatisusedorintendedtobeusedasadomicile
byoneormorepersons,asdeterminedbytheAdministrator.
“ResidentialProperty”meansallAssessor’sParcelsofTaxablePropertyuponwhichcompleted
ResidentialUnitshavebeenconstructedorforwhichbuildingpermitshavebeenormaybeissuedfor
purposesofconstructingoneormoreResidentialUnits.
“Service(s)”meansservicespermittedundertheMelloͲRoosCommunityFacilitiesActof1982
including,withoutlimitation,thoseservicesauthorizedtobefundedbyCFDNo.2019Ͳ1assetforth
inthedocumentsadoptedbytheCityCouncilatthetimetheCFDwasformed.
“SingleFamilyResidentialProperty” meansanyresidentialpropertyotherthanMultiͲFamily
ResidentialPropertyonanAssessor’sParcel.
“SpecialTax(es)”meanstheSpecialTaxAand/orSpecialTaxB(Contingent)tobeleviedineachFiscal
YearoneachAssessor’sParcelofTaxableProperty.
“SpecialTaxA”meanstheannualspecialtaxtobeleviedineachFiscalYearoneachAssessor’sParcel
ofTaxablePropertytofundtheSpecialTaxARequirement.
"SpecialTaxARequirement"meansforeachTaxZone,thatamounttobecollectedinanyFiscalYear
topayforcertaincostsasrequiredtomeettheneedsforsuchTaxZoneofCFDNo.2019Ͳ1inboth
thecurrentFiscalYearandthenextFiscalYear.Thecoststobecoveredshallbethedirectcostsfor
maintenanceservicesincludingbutnotlimitedto(i)maintenanceandlightingofparks,parkways,
streets,roadsandopenspace,(ii)maintenanceandoperationofwaterqualityimprovements,(iii)
publicstreetsweeping,(iv)fundanoperatingreserveforthecostsofServicesasdeterminedbythe
Administrator,and(v)AdministrativeExpenses.UndernocircumstancesshalltheSpecialTaxA
RequirementincludefundsforBonds.
14.d
Packet Pg. 318 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino4
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
“SpecialTaxB(Contingent)”meanstheSpecialTaxB(Contingent)tobeleviedineachFiscalYearon
eachAssessor’sParcelofTaxablePropertytofundtheContingentSpecialTaxBRequirement,if
required.
"TaxableProperty"meansallAssessor’sParcelswithinCFDNo.2019Ͳ1,whicharenotExempt
Property.
“TaxableUnit” meansaResidentialUnit,BuildingSquareFootage,oranAcre.
"TaxZone"meansamutuallyexclusivegeographicarea,withinwhichparticularSpecialTaxratesmay
beleviedpursuanttothisRateandMethodofApportionmentofSpecialTax.AppendixCidentifies
theTaxZoneinCFDNo.2019Ͳ1atformation;additionalTaxZonesmaybecreatedwhenpropertyis
annexedintotheCFD.
"TaxZone1"meansthespecificgeographicareaidentifiedontheCFDBoundaryMapasTaxZone1.
"Tract(s)"meansanareaofland;i)withinasubdivisionidentifiedbyaparticulartractnumberona
FinalMap,ii)identifiedwithinaParcelMap;oriii)identifiedwithinlotlineadjustmentapprovedfor
subdivision.
“UndevelopedProperty”means,foreachFiscalYear,allTaxablePropertynotclassifiedasDeveloped
PropertyorApprovedProperty.
B. ASSIGNMENTTOLANDUSECATEGORIES
ForeachFiscalYear,allAssessor’sParcelsofTaxablePropertywithinCFDNo.2019Ͳ1shallbeclassified
asDevelopedProperty,ApprovedProperty,orUndevelopedProperty,andshallbesubjecttothelevy
ofSpecialTaxesasdeterminedpursuanttoSectionsCandDbelow.Assessor’sParcelsofDeveloped
PropertyandApprovedPropertyshallbeclassifiedaseitherResidentialPropertyorNonͲResidential
Property.ResidentialPropertyshallbefurtherclassifiedasSingleFamilyResidentialPropertyor
MultiͲFamilyResidentialPropertyandthenumberofResidentialUnitsshallbedeterminedbythe
Administrator.
C. MAXIMUMSPECIALTAXRATES
ForpurposesofdeterminingtheapplicableMaximumSpecialTaxforAssessor’sParcelsofDeveloped
PropertyandApprovedPropertywhichareclassifiedasResidentialProperty,allsuchAssessor’s
ParcelsshallbeassignedthenumberofResidentialUnit(s)constructedortobeconstructedthereon
asspecifiedinorshownonthebuildingpermit(s)issuedorFinalMapasdeterminedbythe
Administrator.ForParcelsofundevelopedpropertyzonedfordevelopmentofsinglefamilyattached
ormultiͲfamilyunits,thenumberofResidentialUnitsshallbedeterminedbyreferencingthe
condominiumplan,apartmentplan,siteplanorotherdevelopmentplan,orbyassigningthe
maximumallowableunitspermittedbasedontheunderlyingzoningfortheParcel.Onceasingle
familyattachedormultiͲfamilybuildingorbuildingshavebeenbuiltonanAssessor'sParcel,the
AdministratorshalldeterminetheactualnumberofResidentialUnitscontainedwithinthebuilding
orbuildings,andtheSpecialTaxAleviedagainsttheParcelinthenextFiscalYearshallbecalculated
bymultiplyingtheactualnumberofResidentialUnitsbytheMaximumSpecialTaxperResidential
UnitidentifiedfortheTractbeloworasincludedinAppendixAaseachAnnexationoccurs.
ForpurposesofdeterminingtheapplicableMaximumSpecialTaxforAssessor’sParcelsofDeveloped
PropertyandApprovedPropertywhichareclassifiedasNonͲResidentialProperty,allsuchAssessor’s
14.d
Packet Pg. 319 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino5
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
ParcelsshallbeassignedthenumberofBuildingSquareFootageorAcresasshownontheFinalMap
asdeterminedbytheAdministrator.OncetheAdministratordeterminestheactualnumberof
BuildingSquareFootageorAcresfortheAssessor’sParcels,theSpecialTaxAleviedagainstthe
Assessor’sParcelinthenextFiscalYearshallbecalculatedbymultiplyingthenumberofBuilding
SquareFootageorAcresbytheMaximumSpecialTaxperTaxableUnitidentifiedfortheTaxZone
beloworasincludedinAppendixAaseachAnnexationoccurs.
1.SpecialTaxA
a.DevelopedProperty
(i)MaximumSpecialTaxA
TheMaximumSpecialTaxAforeachAssessor’sParcelofDevelopedPropertyshallbespecific
toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.2019Ͳ1,
therateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTax
AfortheTaxZonesannexedandincludedinAppendixA.TheMaximumSpecialTaxAfor
DevelopedPropertyforFiscalYear2019Ͳ2020withinTaxZone1isidentifiedinTable1below:
TABLE1
MAXIMUMSPECIALTAXARATES
DEVELOPEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
Maximum
SpecialTaxA
1TR17170SingleFamilyResidentialPropertyRU$961
(ii)IncreaseintheMaximumSpecialTaxA
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforDeveloped
Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)
forLosAngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningofthe
precedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater.
(iii)MultipleLandUseCategories
InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone
LandUseCategory.TheMaximumSpecialTaxAthatcanbeleviedonanAssessor'sParcel
shallbethesumoftheMaximumSpecialTaxAthatcanbeleviedforeachLandUseCategory
locatedonthatAssessor'sParcel.ForanAssessor'sParcelthatcontainsmorethanoneland
use,theAcreageofsuchAssessor'sParcelshallbeallocatedtoeachtypeofpropertybased
ontheamountofAcreagedesignatedforeachlanduseasdeterminedbyreferencetothe
siteplanapprovedforsuchAssessor'sParcel.TheAdministrator'sallocationtoeachtypeof
propertyshallbefinal.
b.ApprovedProperty
TheMaximumSpecialTaxAforeachAssessor’sParcelofApprovedPropertyshallbespecificto
eachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.2019Ͳ1,therate
andmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAforthe
TaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforApprovedproperty
FiscalYear2019Ͳ20withinTaxZone1isidentifiedinTable2below:
14.d
Packet Pg. 320 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino6
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TABLE2
MAXIMUMSPECIALTAXARATES
APPROVEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
Maximum
SpecialTaxA
1TR17170SingleFamilyResidentialRU$961
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforApprovedProperty
shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles
ͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)
bytwopercent(2.0%),whicheverisgreater.
c.UndevelopedProperty
TheMaximumSpecialTaxAforeachAssessor’sParcelofUndevelopedPropertyshallbespecific
toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.2019Ͳ1,the
rateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAfor
theTaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforUndeveloped
PropertyforFiscalYear2019Ͳ20withinTaxZone1isidentifiedinTable3below:
TABLE3
MAXIMUMSPECIALTAXARATES
UNDEVELOPEDPROPERTY
TaxZoneTractsTaxableUnitMaximumSpecialTaxA
1TR17170Acre$4,338
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforUndevelopedProperty
shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles
ͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)
bytwopercent(2.0%),whicheverisgreater.
2.SpecialTaxB(Contingent)
TheCityCouncilshalllevySpecialTaxB(Contingent)onlyintheeventthePOAdefaultsinitsbligation
tomaintaintheContingentServices,whichdefaultshallbedeemedtohaveoccurred,asdetermined
bytheAdministrator,ineachofthefollowingcircumstances:
(a)ThePOAfilesforbankruptcy;
(b)ThePOAisdissolved;
(c)ThePOAceasestolevyannualassessmentsfortheContingentServices;or
(d)ThePOAfailstoprovidetheContingentServicesatthesamelevelastheCityprovidessimilar
servicesandmaintainssimilarimprovementsthroughouttheCityandwithinninety(90)days
afterwrittennoticefromtheCity,orsuchlongerperiodpermittedbytheCityManager,fails
toremedythedeficiencytothereasonablesatisfactionoftheCityCouncil.
a.DevelopedProperty
(i)MaximumSpecialTaxB(Contingent)
14.d
Packet Pg. 321 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino7
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TheMaximumSpecialTaxB(Contingent)foreachAssessor’sParcelofTaxablePropertyis
showninTable4andshallbespecifictoeachTaxZonewithintheCFD.Whenadditional
propertyisannexedintoCFDNo.2019Ͳ1,therateandmethodadoptedfortheannexed
propertyshallreflecttheMaximumSpecialTaxB(Contingent)foreachTaxZonesannexed
andincludedinAppendixA.TheMaximumSpecialTaxB(Contingent)forFiscalYear2019Ͳ20
withinTaxZone1isidentifiedinTable4below:
TABLE4
MAXIMUMSPECIALTAXB(CONTINGENT)RATES
DEVELOPEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
MaximumSpecial
TaxB(Contingent)
1TR17170SingleFamilyResidentialPropertyRU$0
(ii)IncreaseintheMaximumSpecialTaxB(Contingent)
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)for
DevelopedPropertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex
(AllItems)forLosAngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningof
theprecedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater.
(iii)MultipleLandUseCategories
InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone
LandUseCategory.TheMaximumSpecialTaxB(Contingent)thatcanbeleviedonan
Assessor'sParcelshallbethesumoftheMaximumSpecialTaxB(Contingent)thatcanbe
leviedforeachLandUseCategorylocatedonthatAssessor'sParcel.ForanAssessor'sParcel
thatcontainsmorethanonelanduse,theAcreageofsuchAssessor'sParcelshallbeallocated
toeachtypeofpropertybasedontheamountofAcreagedesignatedforeachlanduseas
determinedbyreferencetothesiteplanapprovedforsuchAssessor'sParcel.The
Administrator'sallocationtoeachtypeofpropertyshallbefinal.
b.ApprovedProperty
TheMaximumSpecialTaxB(Contingent)foreachAssessor’sParcelofTaxablePropertyisshown
inTable5andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis
annexedintoCFDNo.2019Ͳ1,therateandmethodadoptedfortheannexedpropertyshallreflect
theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA.
TheMaximumSpecialTaxB(Contingent)forFiscalYear2019Ͳ20withintheTaxZoneisidentified
inTable5below:
TABLE5
MAXIMUMSPECIALTAXB(CONTINGENT)RATES
APPROVEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
MaximumSpecial
TaxB(Contingent)
1TR17170SingleFamilyResidentialPropertyRU$0
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forApproved
Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)for
14.d
Packet Pg. 322 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino8
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
LosAngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningofthepreceding
FiscalYear,orii)bytwopercent(2.0%),whicheverisgreater.
c.UndevelopedProperty
TheMaximumSpecialTaxB(Contingent)foreachAssessor’sParcelofTaxablePropertyisshown
inTable6andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis
annexedintoCFDNo.2019Ͳ1,therateandmethodadoptedfortheannexedpropertyshallreflect
theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA.
TheMaximumSpecialTaxB(Contingent)forFiscalYear2019Ͳ20withintheTaxZoneisidentified
inTable6below:
TABLE6
MAXIMUMSPECIALTAXB(CONTINGENT)RATES
UNDEVELOPEDPROPERTY
TaxZone
TractsTaxableUnit
MaximumSpecial
TaxB(Contingent)
1TR17170Acre$0
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forUndeveloped
Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLos
AngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,
orii)bytwopercent(2.0%),whicheverisgreater.
D. METHODOFAPPORTIONMENTOFANNUALSPECIALTAX
1.SpecialTaxA
CommencingwithFiscalYear2019Ͳ20andforeachfollowingFiscalYear,theCouncilshalldetermine
theSpecialTaxARequirementandshalllevytheSpecialTaxAonallAssessor’sParcelsofTaxable
PropertyuntiltheaggregateamountofSpecialTaxAequalstheSpecialTaxARequirementforeach
TaxZone.TheSpecialTaxAshallbeleviedforeachFiscalYearasfollows:
First:TheSpecialTaxAshallbeleviedProportionatelyonallAssessor’sParcelsofDeveloped
PropertywithineachTaxZoneupto100%oftheapplicableMaximumSpecialTaxtosatisfytheSpecial
TaxARequirementforsuchTaxZone;
Second:IfadditionalmoneysareneededtosatisfytheSpecialTaxARequirementforaTaxZone
afterthefirststephasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyoneach
ParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxAfor
ApprovedProperty;
Third:IfadditionalmoniesareneededtosatisfytheSpecialTaxARequirementforaTaxZone
afterthefirsttwostepshasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyonall
Assessor’sParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecial
TaxAforUndevelopedProperty.
2.SpecialTaxB(Contingent)
CommencingwithFiscalYearinwhichSpecialTaxB(Contingent)isauthorizedtobeleviedandfor
eachfollowingFiscalYear,theCityCouncilshalldeterminetheContingentSpecialTaxB(Contingent)
RequirementforeachTaxZone,ifany,andshalllevytheSpecialTaxonallAssessor’sParcelsof
14.d
Packet Pg. 323 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino9
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TaxablePropertywithinsuchTaxZoneuntiltheaggregateamountofSpecialTaxB(Contingent)equals
theSpecialTaxB(Contingent)RequirementforsuchTaxZone.TheSpecialTaxB(Contingent)Shall
beleviedforeachFiscalYearasfollows:
First:TheSpecialTaxshallbeleviedProportionatelyonallAssessor’sParcelsofDeveloped
PropertyforaTaxZoneupto100%oftheapplicableMaximumSpecialTaxB(Contingent)tosatisfy
theContingentSpecialTaxBRequirement;
Second:IfadditionalmoneysareneededtosatisfytheContingentSpecialTaxBRequirementafter
thefirststephasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionatelyon
eachParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxB
(Contingent)forApprovedProperty;
Third:IfadditionalmoniesareneededtosatisfytheContingentSpecialTaxBRequirementafter
thefirsttwostepshasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionately
onallAssessor’sParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximum
SpecialTaxB(Contingent)forUndevelopedProperty.
E. FUTUREANNEXATIONS
ItisanticipatedthatadditionalpropertieswillbeannexedtoCFDNo.2019Ͳ1fromtimetotime.As
eachannexationisproposed,ananalysiswillbepreparedtodeterminetheannualcostforproviding
Services.Basedonthisanalysis,thepropertytobeannexed,pursuanttoCaliforniaGovernmentCode
section53339etseq.willbeassignedtotheappropriateMaximumSpecialTaxratefortheTaxZone
whenannexedandincludedinAppendixA.
F. DURATIONOFSPECIALTAX
ForeachFiscalYear,theSpecialTaxAshallbeleviedaslongastheServicesarebeingprovided.
ForeachFiscalYear,theSpecialTaxB(Contingent)shallbeleviedaslongastheContingentServices
arebeingprovided.
G. EXEMPTIONS
TheCityshallclassifyasExemptPropertywithinCFDNo.2019Ͳ1,anyAssessor’sParcels;(i)whichare
ownedby,irrevocablyofferedfordedication,encumberedbyorrestrictedinusebyanypublicentity;
(ii)withpublicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthepurposesset
forthintheeasement;(iii)whichareprivatelyownedbutareencumberedbyorrestrictedsolelyfor
publicuses;or(iv)whichisinuseintheperformanceofapublicfunctionasdeterminedbythe
Administrator.
H. APPEALS
AnypropertyownerclaimingthattheamountorapplicationoftheSpecialTaxesarenotcorrectmay
fileawrittennoticeofappealwiththeCitynotlaterthantwelvemonthsafterhavingpaidthefirst
installmentoftheSpecialTaxthatisdisputed.Arepresentative(s)ofCFDNo.2019Ͳ1shallpromptly
reviewtheappeal,andifnecessary,meetwiththepropertyowner,considerwrittenandoralevidence
regardingtheamountoftheSpecialTax,andruleontheappeal.Iftherepresentative’sdecision
requiresthattheSpecialTaxforanAssessor’sParcelbemodifiedorchangedinfavoroftheproperty
owner,acashrefundshallnotbemade,butanadjustmentshallbemadetotheSpecialTaxonthat
Assessor’sParcelinthesubsequentFiscalYear(s).
14.d
Packet Pg. 324 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino10
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
I. MANNEROFCOLLECTION
TheSpecialTaxshallbecollectedinthesamemannerandatthesametimeasordinaryadvalorem
propertytaxes,provided,however,thatCFDNo.2019Ͳ1maycollecttheSpecialTaxatadifferenttime
orinadifferentmannerifnecessarytomeetitsfinancialobligations.
14.d
Packet Pg. 325 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino11
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
APPENDIXA
CITYOFSANBERNARDINO
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
COSTESTIMATE
SpecialTaxAServicesͲTheestimatebreaksdownthecostsofprovidingoneyear'smaintenance
servicesforFiscalYear2021Ͳ22.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor
CommunityFacilitiesDistrictNo.2019Ͳ1.
TAXZONE11
LD1900086
ItemDescriptionEstimatedCost
1Lighting$300
2Streets$4,011
3Reserves$45
4Admin$500
Total$4,856
SpecialTaxBContingentServices–TherearenoservicesbeingfundedbythelevyofSpecialTax
B(Contingent)forCommunityFacilitiesDistrictNo.2019Ͳ1.However,additionalTaxZonesmay
haveSpecialTaxBContingentServicesbeingprovided.
TAXZONE11
FY2021Ͳ22MAXIMUMSPECIALTAXRATES
DEVELOPEDPROPERTYANDAPPROVEDPROPERTY
LandUse
Category
Taxable
Unit
Maximum
SpecialTaxA
Maximum
SpecialTaxB
NonͲResidentialPropertyAcre$1,472$0
TAXZONE11
FY2021Ͳ22MAXIMUMSPECIALTAXRATES
UNDEVELOPEDPROPERTY
Taxable
Unit
Maximum
SpecialTaxA
Maximum
SpecialTaxB
Acre$1,472$0
14.d
Packet Pg. 326 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino12
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TAXZONESUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
SpecialTaxA
Maximum
SpecialTaxB
Subdivider
Original1171702019Ͳ20$961/RU$0/RUSantiagoCommunities,Inc.
12173292019Ͳ20$473/RU$0/RUJECEnterprises,Inc.
23PM198142020Ͳ21$608/Acre$0/AcreGWS#4Development,LLC
340266Ͳ041Ͳ392019Ͳ20$1,136/Acre$0/AcreDevoreStorageFacility,LLC
45TR200062020Ͳ21$344/RU$57/RUTHRanchoPalma,LLC
56PM197012020Ͳ21$1,895/Acre$528/AcreStrataPalma,LLC
67PM201122020Ͳ21$3,197/Acre$0/AcreSanBernardinoMedical
CenterLLC
78TR202932021Ͳ22$2,913/Acre$334/AcreICOFundVI,LLC
89LM2019Ͳ0212021Ͳ22$815/Acre$232/AcreTR2600CajonIndustrialLLC
910TR201892021Ͳ22$490/Acre$154/AcreCentralCommerceCenter,LLC
1011LD19000862021Ͳ22$1,472/Acre$0/AcreLankershimIndustrial,LLC
ESCALATIONOFMAXIMUMSPECIALTAXES
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the
percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesͲRiversideͲOrange
County(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent
(2.0%),whicheverisgreater.
14.d
Packet Pg. 327 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino13
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
APPENDIXB
CITYOFSANBERNARDINO
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
DESCRIPTIONOFAUTHORIZEDSERVICES
TheserviceswhichmaybefundedwithproceedsofthespecialtaxofCFDNo.2019Ͳ1,asprovidedby
Section53313oftheAct,willincludeallcostsattributabletomaintaining,servicing,cleaning,repairing
and/orreplacinglandscapedareas(mayincludereservesforreplacement)inpublicstreetrightͲofͲways,
publiclandscaping,publicopenspacesandothersimilarlandscapedareasofficiallydedicatedforpublic
use.Theseservicesincludingthefollowing:
(a) maintenanceandlightingofparks,parkways,streets,roadsandopenspace,which
maintenanceandlightingservicesmayinclude,withoutlimitation,furnishingofelectricalpowertostreet
lightsandtrafficsignals;repairandreplacementofdamagedorinoperativelightbulbs,fixturesand
standards;maintenance(includingirrigationandreplacement)oflandscapingvegetationsituatedonor
adjacenttoparks,parkways,streets,roadsandopenspace;maintenanceandrepairofirrigationfacilities;
maintenanceofpublicsignage;graffitiremovalfromandmaintenanceandrepairofpublicstructures
situatedonparks,parkways,streets,roadsandopenspace;maintenanceandrepairofplaygroundor
recreationprogramequipmentorfacilitiessituatedonanypark;and
(b)maintenanceandoperationofwaterqualityimprovementswhichincludestormdrainage
andfloodprotectionfacilities,including,withoutlimitation,drainageinlets,catchbasininserts,infiltration
basins,floodcontrolchannels,fossilfuelfilters,andsimilarfacilities.Maintenanceservicesmayinclude
butisnotlimitedtotherepair,removalorreplacementofallorpartofanyofthewaterquality
improvements,fossilfuelfilterswithinthepublicrightͲofͲwayincludingtheremovalofpetroleum
hydrocarbonsandotherpollutantsfromwaterrunoff,orappurtenantfacilities,clearingofinletsand
outlets;erosionrepairs;andcleanuptoimprovements,andotheritemsnecessaryforthemaintenance,
servicing;orbothofthewaterqualitybasinimprovementswithinfloodcontrolchannelimprovements;
and
(c)publicstreetsweeping,onthesegmentsofthearterialswithintheboundariesofCFDNo.
2019Ͳ1;aswellaslocalroadswithinresidentialsubdivisionslocatedwithinCFDNo.2019Ͳ1;andany
portionsadjacenttothepropertieswithinCFDNo.2019Ͳ1;and
Inadditiontopaymentofthecostandexpenseoftheforgoingservices,proceedsofthespecialtaxmay
beexpendedtopay“AdministrativeExpenses,”assaidtermisdefinedintheRateandMethodof
Apportionment.
TheaboveservicesshallbelimitedtothoseprovidedwithintheboundariesofCFDNo.2019Ͳ1orforthe
benefitofthepropertieswithintheboundariesofCFDNo.2019Ͳ1,astheboundaryisexpandedfromtime
totimebyanticipatedannexations,andsaidservicesmaybefinancedbyproceedsofthespecialtaxof
CFDNo.2019Ͳ1onlytotheextentthattheyareinadditiontothoseprovidedintheterritoryofCFDNo.
2019Ͳ1beforeCFDNo.2019Ͳ1wascreated.
14.d
Packet Pg. 328 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
CityofSanBernardino14
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
APPENDIXC
CITYOFSANBERNARDINO
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
PROPOSEDBOUNDARIESANDPOTENTIALANNEXATIONAREABOUNDARIES
14.d
Packet Pg. 329 Attachment: Attachment 4 - Resolution No. 2021- 220, Exhibit C - Rate and Method of Apportionment (8495 : Declaring Intent to Annex Territory:
5TH ST3RD ST1192-311-01ANNEXATION MAP NO. 10COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1TAX ZONE 11^_·|}þ18·|}þ210§¨¦15§¨¦215£¤66£¤66THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22. -LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER 11 TAX ZONETHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTON ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE1114.ePacket Pg. 330Attachment: Attachment 5 - Resolution No. 2021-220, Exhibit D - Boundary Maps (8495 : Declaring Intent
14.ePacket Pg. 331Attachment: Attachment 5 - Resolution No. 2021-220, Exhibit D - Boundary Maps (8495 : Declaring Intent
14.f
Packet Pg. 332 Attachment: Attachment 6 - Resolution No. 2021-220, Exhibit E - Petition (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
14.f
Packet Pg. 333 Attachment: Attachment 6 - Resolution No. 2021-220, Exhibit E - Petition (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
14.f
Packet Pg. 334 Attachment: Attachment 6 - Resolution No. 2021-220, Exhibit E - Petition (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
Exhibit ³A´
7KH1RUWKòRIWKH6RXWKòRIWKH6RXWKòRIWKH:HVWòRI/RW%ORFN5DQFKR6DQ%HUQDUGLQRDVSHU3ODWUHFRUGHGLQ%RRN
7, Page 2 of Maps, Records of said County.
([FHSWWKHUHIURPWKDWSRUWLRQRIWKH6RXWKòRIWKH6RXWKòRIWKH:HVWòRI/RWLQ%ORFN5DQFKR6DQ%HUQDUGLQRDVVKRZQ
RQ0DSUHFRUGHGLQ%RRN3DJHRI0DSVLQWKH2IILFHRIWKH&RXQW\5HFRUGHURIVDLG&RXQW\DQGWKDWSRUWLRQRIWKH1RUWKòRI
the East Third Street (City Creek Road) 82.5 feet wide, described as a whole as follows:
%HJLQQLQJDWDSRLQWLQWKHFHQWHUOLQHRIVDLG(DVW7KLUG6WUHHWVDLGSRLQWEHLQJGLVWDQW1RUWK ¶ 38´ West, 2,231.61 feet from
the intersection of said center line with the center line of Victoria Avenue (Pepper Street) 82.5 feet wide;
7KHQFHDORQJDOLQHEHDULQJ1RUWK ¶ 02´(DVWWRWKHSRLQWRILQWHUVHFWLRQZLWKWKH:HVWOLQHRIWKH(DVWòRIVDLG/RW
Thence Southerly along said West line to said center line of said East Third Street;
7KHQFH1RUWK ¶ 38´ West along said center line to the point of beginning.
Also excepting the interest in the property conveyed to the County of San Bernardino for highway purposes in Deed recorded
November 15, 1947 in Book 2160, Page 81, Official Records described as follows:
So much of a strip of land 82-1/2 feet in width as lies within the South one-half of the South one-half of the West one-half of Lot 2,
Block 62, Rancho San Bernardino, as shown on Map recorded in Map Book 7, Page 2 of Maps, Records of San Bernardino County,
State of California, the center line of said strip being 618.75 feet North of an parallel to, the center line of City Creek Road as shown
on said Map.
Also excepting therefrom that portion conveyed to the United States of America, by Deed recorded January 3, 1986 as Instrument
No. 86-001297, of Official Records.
14.f
Packet Pg. 335 Attachment: Attachment 6 - Resolution No. 2021-220, Exhibit E - Petition (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
14.f
Packet Pg. 336 Attachment: Attachment 6 - Resolution No. 2021-220, Exhibit E - Petition (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
14.f
Packet Pg. 337 Attachment: Attachment 6 - Resolution No. 2021-220, Exhibit E - Petition (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 10)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on September 1, 2021
adopted its Resolution No. 2021-___, 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 safety services, all pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The
resolution describes the territory to be annexed and describes the rate and method of apportionment of the
proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as
practicable, Wednesday, October 20, 2021 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 October 20, 2021 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2021 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2021
14.g
Packet Pg. 338 Attachment: Attachment 7 - Resolution No. 2021- 220, Exhibit F - Notice of Public Hearing (8495 : Declaring Intent to Annex Territory: CFD No.
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 10
(October 20, 2021)
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
Lankershim Industrial LP 3.58 4
According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions
of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named
landowner is entitled to cast the number of votes shown above under the heading “Total Votes,”
representing the total votes for the property owned by said landowner. The City has sent the
enclosed ballot to you so that you may vote on whether or not to approve the special tax.
This special tax ballot is for the use of the property owner of the parcels identified below, which
parcels are located within the territory proposed to form the CFD No. 2019-1, City of San
Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909)
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
October 6, 2021, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 20,
2021, 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 October 20, 2021.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
14.h
Packet Pg. 339 Attachment: Attachment 8 - Resolution No. 2021- 220, Exhibit G - Ballot (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Lanketshim Industrial LP
Attn: Michael Nijjar
4900 Sana Anita Ave Suite 2C
El Monte, CA 91731
1192-311-01
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on September
1, 2021 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 10 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Lankershim Industrial LP
By: Michael Nijjar
Owner
Signature
Print Name
Title
14.h
Packet Pg. 340 Attachment: Attachment 8 - Resolution No. 2021- 220, Exhibit G - Ballot (8495 : Declaring Intent to Annex Territory: CFD No. 2019-1
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 11 14.iPacket Pg. 341Attachment: Attachment 9 - Project/Location Map (8495 : Declaring Intent to Annex Territory: CFD No.
14.j
Packet Pg. 342 Attachment: Attachment 10 - CFD Maintenance Area Exhibit (8495 : Declaring Intent to Annex Territory:
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Installation of Stop Signs at Various Locations (Wards 2,4,7)
Recommendation
Adopt Resolution No. 2021-221 of the Mayor and City Council of the City of San
Bernardino, California, amending Resolution No. 655 entitled, in part, “A Resolution…
designating certain streets or portions thereof as through highways…” and authorizing
the establishment of an all-way stop control at the following intersections of Del Rosa
Avenue and Marshall Boulevard (4-way) and Mountain View Avenue and 16th Street (4-
way).
Background
The Department of Public Works has received citizen requests to consider the
installation of an all-way stop sign control at the intersections of Del Rosa Avenue and
Marshall Boulevard, and Mountain View Avenue and 16th Street.
Concerns expressed by the requesters are mainly related to vehicle safety crossing the
intersections, sight visibility, and Right-of-Way entering the intersections.
Guidelines published in the California Manual of Uniform Traffic Control Devices (CA
MUTCD) on the use of stop signs have been adopted by the City. The guidelines
recommend the use of a stop sign facing the minor street of a 4 -legged intersection and
the terminating leg of a T-intersection if certain conditions exist to regulate right -of-way
at an intersection.
Discussion
Del Rosa Ave is a four-lane undivided secondary arterial north and south of Marshall
Blvd. There are no left turn pockets for either the northbound or southbound directions.
The posted speed on Del Rosa Ave is 40 MPH. Marshall Blvd is a two -lane collector
street in the westbound direction and one lane in the eastbound direction which is stop
controlled at Del Rosa Ave. The prima facie speed on Marshall Blvd Street is 25 MPH.
The intersection is located within ¼ mile from Del Rosa Elementary School. The
southwest quadrant of the intersection is within San Bernardino County. Staff will
coordinate the installation of the All-Way stop control with their operations and
maintenance staff.
15
Packet Pg. 343
8499
Page 2
Mountain View Avenue between Baseline Street and Highland Avenue is a four-lane
undivided collector arterial. There are no left turn pockets for either the northbound or
southbound directions. The posted speed on Mountain Avenue is 40MPH. 16 th Street is
a two-lane collector arterial which is stop controlled at Mountain View Avenue. 16th
street is a jogged intersection intersecting Mountain View Avenue. The prima facie
speed on 16th Street is 25MPH.
Traffic conditions were investigated at the intersections referenced above and it was
determined that stop signs should be in stalled to better clarify the rules of the road at
the intersection of Del Rosa Avenue and Marshall Boulevard and at Mountain View
Avenue and 16th Street. Stop signs are also recommended to mitigate sight distance
issues such as corner landscaping, corner perimeter or structure walls, and/or
horizontal or vertical road curvature which may exist at these locations.
The table below identifies the number of collisions and site conditions found at the
intersections.
Intersection Cause of Visual
Impairment
Location of Visual
Impairment
Del Rosa Ave. & Marshall Blvd. 5 reported collisions in
12 months period
None
Mountain View Ave. and 16th St. Sight visibility North-South
The proposed stop sign installation at the intersections of Del Rosa Ave and Marsh all
Blvd and Mountain View Avenue and 16th Street is not intended to control speeds or
alleviate traffic volume concerns. The stop sign proposed at these intersections will be
consistent with other intersections City-wide that have stop sign controls installed in all
directions to alleviate certain collisions from occurring and improve roadway safety.
Department staff presented the proposed stop sign location to the City’s Public Safety
and Human Relations Commission (PS&HR) at its August 9, 2021 , meeting. The
Commission has recommended the establishment of the all-way stops at the
intersections of Del Rosa Ave and Marshall Blvd and Mountain View Avenue and 16 th
Street.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No . 3: Improved Quality of Life. The project
will utilize City programs to ensure that neighborhoods and business areas are safe.
Fiscal Impact
The estimated cost to installing the “Stop” signs and add pavement markings at both
intersection is $1,200. Sufficient funding is included and available in the adopted FY
2021/22 Budget in Traffic Signs and Marking Account No. (126-400-0152-5111).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2021-221, amending Resolution No. 655 entitled, in
15
Packet Pg. 344
8499
Page 3
part, “A Resolution… designating certain streets or portions thereof as through
highways…” and authorizing the establishment of an all-way stop control at the
following intersections of Del Rosa Avenue and Marshall Boulevard (4-way) and
Mountain View Avenue and 16th Street (4-way).
Attachments
Attachment 1 Resolution No. 2021-221
Attachment 2 Location Map (Del Rosa Ave. & Marshall Blvd.)
Attachment 3 Location Map (Mountain View Ave. & 16th St.)
Wards: 2,4, 7
Synopsis of Previous Council Actions: N/A
15
Packet Pg. 345
Resolution No. 2021-
Resolution 2021-
Page 1 of 4
RESOLUTION NO. 2021-221
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING RESOLUTION NO. 655 ENTITLED, IN PART,
“A RESOLUTION…DESIGNATING CERTAIN STREETS
OR PORTIONS THEREOF AS THROUGH HIGHWAY”
AND AUTHORIZING THE ESTABLISHMENT OF ALL-
WAY STOPS AT THE INTERSECTIONS OF DEL ROSA
AVENUE AND MARSHALL BOULEVARD AND
MOUNTAIN VIEW AVENUE AND 16TH STREET
WHEREAS, the Traffic Engineering Division of the Public Works Department received
a request to evaluate traffic control needs at the intersections of Del Rosa Avenue and Marshall
Boulevard and Mountain View Avenue and 16th Street; and
WHEREAS, staff has determined the intersections of Del Rosa Avenue and Marshall
Boulevard and Mountain View Avenue and 16th Street meet the warrants for ALL-WAY STOP
sign installations at their locations; and
WHEREAS, roadways within the City must be designated as Through Highways in
accordance with the Vehicle Code of the State of California to meet eligibility for installation of
traffic control measures; and
WHEREAS, the City previously adopted Resolution No. 655 and subsequent
amendments designating various roadways as Through Highways and Boulevards throughout the
City; and
WHEREAS, the City now desires to amend Resolution No. 655 to designate of Del
Rosa Avenue and Marshall Boulevard and Mountain View Avenue and 16th Street; and
WHEREAS, the City intends to install traffic control in the form of an ALL-WAY
STOP on this roadway segments to enhance traffic safety at the location.
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. Resolution No. 655, which designates certain streets, or portions thereof,
as through highways, Section One is amended by adding paragraph (A) Subsections (4.2) DEL
ROSA AVENUE to read as follows:
15.a
Packet Pg. 346 Attachment: Attachment 1 - Resolution No. 2021-221 (8499 : Installation of Stop Signs at Various Locations (Wards 2,4,7))
Resolution No. 2021-
Resolution 2021-
Page 2 of 4
“4.2 DEL ROSA AVENUE
A. At its intersection with “Marshall Boulevard” (All-Way Stop)”
SECTION 3. Resolution No. 655, which designates certain streets, or portions thereof,
as through highways, Section one is amended by adding paragraph (M) to Subsection (9.9)
MARSHALL BOULEVARD to read as follows:
“9.9 MARSHALL BOULEVARD
…
M. At its intersection with “Del Rosa Avenue” (All-Way Stop)”
SECTION 4. Resolution No. 655, which designates certain streets, or portions thereof,
as through highways, Section one is amended by adding paragraph (I) to Subsection (10.5) MT.
VIEW AVENUE to read as follows:
“10.5 MT. VIEW AVENUE
…
(I) At its intersection with “16th Street” (All-Way Stop)”
SECTION 5. Resolution No. 655, which designates certain streets, or portions thereof,
as through highways, Section one is amended by adding paragraph (J) Subsections (15.5)
SIXTEENTH STREET to read as follows:
“15.5 SIXTEENTH STREET
…
J. At its intersection with “Mountain View Avenue” (All-Way Stop)”
SECTION 6. The Mayor and City Council finds this Resolution is not subject to the
California Environmental Quality Act (CEQA) in that the activity is covered by the general rule
that CEQA applies only to projects which have the potential for causing a significant effect on
the environment. Where it can be seen with certainty, as in this case, that there is no possibility
that the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
15.a
Packet Pg. 347 Attachment: Attachment 1 - Resolution No. 2021-221 (8499 : Installation of Stop Signs at Various Locations (Wards 2,4,7))
Resolution No. 2021-
Resolution 2021-
Page 3 of 4
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
15.a
Packet Pg. 348 Attachment: Attachment 1 - Resolution No. 2021-221 (8499 : Installation of Stop Signs at Various Locations (Wards 2,4,7))
Resolution No. 2021-
Resolution 2021-
Page 4 of 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. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2021.
Genoveva Rocha, CMC, City Clerk
15.a
Packet Pg. 349 Attachment: Attachment 1 - Resolution No. 2021-221 (8499 : Installation of Stop Signs at Various Locations (Wards 2,4,7))
VICINITY MAP – Marshall Blvd & Del Rosa Ave
Location of Proposed additional 2-Way Stop with existing 2-Way Stop
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
TRAFFIC ENGINEERING SECTION
Legend:
Proposed 2 Way Stop
N
No Scale
15.b
Packet Pg. 350 Attachment: Attachment 2 - Location Map (Del Rosa Ave. & Marshall Blvd.) (8499 : Installation of Stop Signs at Various Locations (Wards 2,4,7))
VICINITY MAP - 16th Street & Mountain View Ave
Location of Proposed additional 2-Way Stop with existing 2-Way Stop
CITY OF SAN BERNARDINO
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
TRAFFIC ENGINEERING SECTION
Legend:
Proposed 2 Way Stop
N
No Scale
15.c
Packet Pg. 351 Attachment: Attachment 3 - Location Map (Mountain View Ave. & 16th St.) (8499 : Installation of Stop Signs at Various Locations (Wards 2,4,7))
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: Alex Qishta, Interim Director of Public Works
Subject: Declaring Intent to Annex Territory: CFD No. 2019-1
(Maintenance Services): Annex No. 9 (Ward 3)
Recommendation
Adopt Resolution No. 2021-222 of the Mayor and City Council of the City of San
Bernardino, California, declaring its intention to annex territory into Community Facilities
District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a
map of the area to be proposed (Annexation No. 9) and authorizing the levy of a special
taxes therein.
Background
On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81,
establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City
of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special
taxes on parcels of taxable property to provide certain services which are necessary to
meet increased demands placed upon the City.
Discussion
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019 -178,
establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982 (“Act”). CFD No. 2019 -1 allows for the levy of special taxes on
parcels of taxable property for the purpose of providing certain services which are
necessary to meet increased demands placed by development upon the City.
Development projects are subject to conditions of approval that require projects to
form/annex a maintenance district. These districts apply an annual fee or special tax
upon properties within the District which provide the revenue to offset the cost of
maintenance of the public improvements necessary to serve the development. The
Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant
to the Act. To that end, the Developer has submitted a "Consent and Waiver" form ,
which is on file in the City Clerk's office that authorizes the City to:
• Hold the election and declare election results
• Shorten election time requirements
• Waive analysis and arguments
16
Packet Pg. 352
8501
Page 2
• Waive all notice requirements relating to the conduct of the election immediately
following the public hearing
The public facilities and services proposed to be financed within the territory to be
annexed to the District are the following:
• Public lighting and appurtenant facilities, including streetlights within public right-
of-way and traffic signals
• Maintenance of streets, including pavement management, and provide street
sweeping
• Maintenance and operation of water quality improvements including storm
drainage and flood protection facilities
• City and County costs associated with the setting, levying and collection of the
special tax, and in the administration of the District including the contract
administration and for the collection of reserve funds
The proposed development includes approximately 20.30 gross acres zoned industrial
property to include an industrial building containing approximately 457,126 square feet.
The property is located east of I-215, at the southeast intersection of south Foisy Street
and east Central Avenue. At build out this development will create 20.30 net taxable
acres as a new Tax Zone No. 10 within CFD No. 2019-1, as shown in the boundary
map and included in the Resolution of Intention as Exhibit “D”. In order to annex into
CFD No. 2019-1, a Resolution of Intention to annex property must be approved to
identify the facilities to be maintained and establish the maximum special tax for this
Tax Zone. The Resolution of Intention shall also set the date and time for the public
hearing.
The rate and method of apportionment o f the special tax for this Tax Zone, (Tax Zone
No. 10), is included as Exhibit “C” to the Resolution of Intention. The maximum annual
special tax for this development is $644 per acre for FY 2021/22. This tax rate includes
a Maximum Special Tax A of $490 per acre per year for maintenance services of public
facilities and a Maximum Annual Special Tax B (Contingent) of $154 per acre per year.
Special Tax B (Contingent) is for the maintenance and operation of the improvements
described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were
to default of its obligation to maintain such improvements, the City would be able to
collect funds to pay for those services. Annual Special Tax B (Contingent) rate is
proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.
Attachment 3 is a maintenance exhibit to illustrate which services are maintained by the
CFD and by the POA.
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:
• Resolution declaring City intent to annex territory to Community Facilities District
No. 2019-1 including the boundary of the area to be annex ed and the rate and
method of apportionment of special taxes within the annexation area (the special
16
Packet Pg. 353
8501
Page 3
tax applies only to properties within the annexation area).
• Resolution calling an election to submit to the qualified electors the question of
levying a special tax within the area proposed to be annexed to the District.
• Resolution declaring the results of the election and directing the recording of the
notice of special tax lien.
• Amend the Ordinance and order the levy and collection of special t axes in the
District.
With the adoption of the Resolution of Intention, the Public Hearing would be scheduled
for October 20, 2021.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Strategic No. 1: Financial Stability and Key Target
No. 4: Economic Growth & Development. This project will contribute to ensure that the
City maintains cleanliness and provide infrastructure designed for long term economic
growth.
Fiscal Impact
The individual property owners in the CFD will be res ponsible for annual payments of
special taxes. Upon full completion of the development, an estimated annual collection
of special tax revenues of approximately $13,063 will be used to pay for maintenance
costs.
Annually, on March 1st, every taxable unit for which a building permit has been issued
within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal
Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior
to buildout of the project, exceeds the special tax revenues available from parcels for
which building permits have been issued, then the special tax may also be applied to
property within recorded final subdivision maps, as well as other undeveloped property
within the boundaries of the CFD.
All costs associated with annexation into the CFD have been borne by the Developer.
By annexing into the CFD, the costs of maintaining improvements located within the
development will be financed through special taxes levied on the parcels w ithin CFD
No. 2019-1 and not through the City’s General Fund.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino adopt
Resolution No. 2021-222 declaring its intention to annex territory into Community
Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino,
adopting a map of the area to be proposed (Annexation No. 9) and authorizing the levy
of special taxes therein.
16
Packet Pg. 354
8501
Page 4
Attachments
Attachment 1 Resolution No. 2021-222
Attachment 2 Resolution No. 2021-222; Exhibit A - Description of Proposed
Territory
Attachment 3 Resolution No. 2021-222; Exhibit B - Description of Authorized
Services
Attachment 4 Resolution No. 2021-222; Exhibit C - Rate and Method of
Apportionment
Attachment 5 Resolution No. 2021-222; Exhibit D - Annexation and Potential
Annexation Boundary Maps
Attachment 6 Resolution No. 2021- 222; Exhibit E - Signed Petition, Waiver and
Consent
Attachment 7 Resolution No. 2021-222; Exhibit F - Notice of Public Hearing
Attachment 8 Resolution No. 2021-222; Exhibit G - Special Election Ballot
Attachment 9 Project/Location Map
Attachment 10 CFD Landscape Maintenance Exhibit
Ward: 3
Synopsis of Previous Council Actions:
June 5, 2019 Mayor and City Council adopted Resolution No. 2019 -81, a
Resolution of Intention to form Community Facilities District No.
2019-1 (Maintenance Services) of the City of San Bernardino (the
“Resolution of Intention”), pursuant to the provisions of the “Mello -
Roos Community Facilities Act of 1982”.
July 17, 2019 Resolution No. 2019-178 was adopted establishing Community
Facilities District No. 2019-1; Resolution No. 2019-179 was
adopted declaring election results for Community Facilities District
No. 2019-1; and first reading of Ordinance No. MC-1522 levying
special taxes to be collected during FY 2019-20 to pay annual costs
of maintenance, services, and expenses with respect to Community
Facilities District No. 2019-1.
August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be
collected during FY 2019-20 to pay annual costs of maintenance,
services, and expenses with respect to Community Facilities
District No. 2019-1.
16
Packet Pg. 355
Resolution No. 2021-
Resolution 2021-
Page 1 of 4
RESOLUTION NO. 2021-222
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
DECLARING ITS INTENTION TO ANNEX TERRITORY
INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1
(MAINTENANCE SERVICES) OF THE CITY OF SAN
BERNARDINO, ADOPTING A MAP OF THE AREA TO BE
PROPOSED (ANNEXATION NO. 9) AND AUTHORIZING
THE LEVY OF A SPECIAL TAXES THEREIN
WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”),
on June 5, 2019, the City Council (the “City Council”) of the City of San Bernardino (the “City”)
approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of
taxable property therein for the purpose of providing certain services which are necessary to meet
increased demands placed upon the City; and
WHEREAS, the City Council has received a written instrument from the landowner in the
CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD
No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and
arguments, and waiving all notice requirements relating to the conduct of the election; and
WHEREAS, the City Council has been advised that certain property owners have
requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No.
2019-1, that a rate and method of apportionment of the special tax to be levied therein be
established.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Intent to Annex. The City Council hereby declares that it proposes and
intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community
Facilities District of the territory described in Exhibit A attached hereto. The City Counci l
determines that the public convenience and necessity require that such territory be annexed to the
Community Facilities District.
SECTION 2. Name of the Community Facilities District. The name of the existing
community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance
Services)”.
SECTION 3. Description of Territory Proposed to be Annexed, Annexation Map. The
territory proposed to be annexed are included within the boundaries within which property may
annex to CFD No. 2019-1 and are more particularly described and shown on that certain map
entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1
(Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of
16.a
Packet Pg. 356 Attachment: Attachment 1 - Resolution No. 2021-222 (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
Resolution No. 2021-
Resolution 2021-
Page 2 of 4
California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community
Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the
County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is
described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is
also shown and described on the map thereof entitled "Annexation Map No. 9, Community
Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San
Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and
attached hereto as Exhibit D.
SECTION 4. Description of Authorized Services. The services proposed to be financed
by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of
providing the Services includes “incidental expenses,” which include costs associated of CFD No.
2019-1, determination of the amount of special taxes, collection or payment of special taxes, or
costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The
Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided
in the territory of CFD No. 2019-1 and do not supplant services already available within that
territory.
SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a
special tax sufficient to pay the costs of the Services (including incidental expenses), secured by
recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be
levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of
collection of the special tax are specified in Exhibit C.
SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets
and Highways Code, the City Council adopts the Annexation Map as the map of the area proposed
to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall
file the original of the Annexation map in his office and shall file a copy of the Annexation Map
with the County Recorder of the County of San Bernardino no later than 15 days prior to the date
of the hearing specified in Section 7 hereof.
SECTION 7. Public Hearing. The City Council hereby fixes 7:00 p.m., or as soon
thereafter as practicable, on Wednesday, October 20, 2021, at the Bing Wong Auditorium of the
Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418, as
the time and place when and where the City Council will conduct a public hearing on the proposed
annexation of the said territory to the CFD No. 2019-1.
SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or
cause to be published, a notice of said public hearing, in substantially the form attached hereto as
Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019-
1. The publication of said notice shall be completed at least seven days prior to the date herein
fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of
the Act.
SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday October 20,
2021 to call the election on the annexation for the same date, pursuant to waiver of election time
limits from the landowners, the City Council hereby authorizes the City Clerk to mail to each
16.a
Packet Pg. 357 Attachment: Attachment 1 - Resolution No. 2021-222 (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
Resolution No. 2021-
Resolution 2021-
Page 3 of 4
landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially
the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the
property owner is attached hereto as Exhibit E and incorporated herein by this reference.
SECTION 10. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not subject
to CEQA.
SECTION 11. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 12. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this ___ day of __________ 2021.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
16.a
Packet Pg. 358 Attachment: Attachment 1 - Resolution No. 2021-222 (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
Resolution No. 2021-
Resolution 2021-
Page 4 of 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. 2021-___, adopted at a regular meeting held on the ___ day of _______ 2021 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________
2021.
Genoveva Rocha, CMC, City Clerk
16.a
Packet Pg. 359 Attachment: Attachment 1 - Resolution No. 2021-222 (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1 (Maintenance Services): Annex
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. 9 is currently comprised of ten parcels, located within the City boundaries. The
property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs).
APN Owner Name
0280-151-02 Central Commerce Center LLC
0280-151-03 Central Commerce Center LLC
0280-151-04 Central Commerce Center LLC
0280-151-05 Central Commerce Center LLC
0280-151-06 Central Commerce Center LLC
0280-151-07 Central Commerce Center LLC
0280-151-08 Central Commerce Center LLC
0280-151-09 Central Commerce Center LLC
0280-151-20 Central Commerce Center LLC
0280-151-21 Central Commerce Center LLC
16.b
Packet Pg. 360 Attachment: Attachment 2 - Resolution No. 2021-222; Exhibit A - Description of Proposed Territory (8501 : Declaring Intent to Annex Territory:
EXHIBIT B
DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by
Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing
and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways,
public landscaping, public open spaces and other similar landscaped areas officially dedicated for public
use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which
maintenance and lighting services may include, without limitation, furnishing of electrical power to street
lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and
standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or
adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;
maintenance of public signage; graffiti removal from and maintenance and repair of public structures
situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or
recreation program equipment or facilities situated on any park; and
(b) maintenance and operation of water quality improvements which include storm drainage
and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration
basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but
is not limited to the repair, removal or replacement of all or part of any of the water quality improvements,
fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other
pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and
cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water
quality basin improvements within flood control channel improvements; and
(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No.
2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any
portions adjacent to the properties within CFD No. 2019-1.
In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may
be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of
intention.
The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the
benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time
to time by anticipated annexations, and said services may be financed by proceeds of the special tax of
CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No.
2019-1 before CFD No. 2019-1 was created.
16.c
Packet Pg. 361 Attachment: Attachment 3 - Resolution No. 2021-222; Exhibit B - Description of Authorized Services (8501 : Declaring Intent to Annex Territory:
EXHIBIT C
CityofSanBernardino1
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
RATEANDMETHODOFAPPORTIONMENTOFSPECIALTAXFOR
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
OFTHECITYOFSANBERNARDINO
ASpecialTax(the“SpecialTax”)shallbeleviedonandcollectedfromeachAssessor’sParcel(defined
below)inCommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)(the“CFDNo.2019Ͳ1”or
“CFD”;definedbelow),ineachFiscalYear,(definedbelow),commencingintheFiscalYearbeginningJuly
1,2019,inanamountdeterminedbytheCityCounciloftheCityofSanBernardino,actinginitscapacity
asthelegislativebodyofCFDNo.2019Ͳ1,byapplyingtherateandmethodofapportionmentsetforth
below.AlloftherealpropertyinCFDNo.2019Ͳ1,unlessexemptedbylaworbytheprovisionsherein,
shallbetaxedtotheextentandinthemannerprovidedherein.
A. DEFINITIONS
“Acre”or“Acreage”meansthelandareaofanAssessor’sParcelasshownonanyAssessor’sParcel
Map,orifthelandareaisnotshownontheAssessor’sParcelMap,thelandareaasshownonthe
applicableFinalMap,oriftheareaisnotshownontheapplicableFinalMap,thelandareashallbe
calculatedbytheAdministrator.
“AdministrativeExpenses”meanstheactualorreasonablyestimatedcostsdirectlyrelatedtothe
formation,annexation,andadministrationofCFDNo.2019Ͳ1including,butnotlimitedto:thecosts
ofcomputingtheSpecialTaxesandpreparingtheannualSpecialTaxcollectionschedules(whether
bytheCityordesigneethereoforboth);thecoststotheCity,CFDNo.2019Ͳ1,oranydesigneethereof
associatedwithfulfillingtheCFDNo.2019Ͳ1disclosurerequirements;thecostsassociatedwith
respondingtopublicinquiriesregardingtheSpecialTaxes;thecostsoftheCity,CFDNo.2019Ͳ1or
anydesigneethereofrelatedtoanappealoftheSpecialTax;andtheCity'sannualadministrationfees
includingpaymentofaproportionalshareofsalariesandbenefitsofanyCityemployeesandCity
overheadwhosedutiesarerelatedtotheadministrationandthirdpartyexpenses.Administrative
ExpensesshallalsoincludeamountsestimatedoradvancedbytheCityorCFDNo.2019Ͳ1forany
otheradministrativepurposesofCFDNo.2019Ͳ1,includingattorney'sfeesandothercostsrelatedto
commencingandpursuingtocompletionanyforeclosureofdelinquentSpecialTaxes.
“Administrator”meanstheCityManageroftheCityofSanBernardino,orhisorherdesignee.
“ApprovedProperty”meansallAssessor’sParcelsofTaxablePropertythatareincludedinaFinal
MapthatwasrecordedpriortotheMarch1precedingtheFiscalYearinwhichtheSpecialTaxisbeing
levied,andthathavenotbeenissuedabuildingpermitonorpriortotheMarch1precedingtheFiscal
yearinwhichthespecialtaxisbeinglevied.
“Assessor’sParcel”meansalotorparceloflandthatisidentifiablebyanAssessor’sParcelNumber
bytheCountyAssessoroftheCountyofSanBernardino.
“Assessor’sParcelMap”meansanofficialmapoftheAssessoroftheCountydesignatingparcelsby
Assessor’sParcelNumber.
“Assessor’sParcelNumber”meansthatidentificationnumberassignedtoaparcelbytheCounty
AssessoroftheCounty.
16.d
Packet Pg. 362 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino2
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
“BuildingSquareFootage”or“BSF”meansthefloorareasquarefootagereflectedontheoriginal
constructionbuildingpermitissuedforconstructionofabuildingofNonͲResidentialPropertyandany
BuildingSquareFootagesubsequentlyaddedtoabuildingofsuchTaxablePropertyafterissuanceof
abuildingpermitforexpansionorrenovationofsuchbuilding.
“CalendarYear”meanstheperiodcommencingJanuary1ofanyyearandendingthefollowing
December31.
“CFD”or“CFDNo.2019Ͳ1”meanstheCityofSanBernardinoCommunityFacilitiesDistrictNo.2019Ͳ
1(MaintenanceServices).
“City”meanstheCityofSanBernardino.
“ContingentSpecialTaxBRequirement”meansthatamountrequiredinanyFiscalYear,ifthePOA
isunabletomaintaintheService(s)to:(i)paythecostsofServicesincurredorotherwisepayablein
theCalendarYearcommencinginsuchFiscalYear;(ii)fundanoperatingreserveforthecosts
ofServicesasdeterminedbytheAdministrator;lessacreditforfundsavailabletoreducetheannual
SpecialTaxB(Contingent)levyasdeterminedbytheAdministrator.
“County”meanstheCountyofSanBernardino.
“DevelopedProperty”meansallAssessor’sParcelsofTaxablePropertyforwhichabuildingpermit
fornewconstructionhasbeenissuedonorpriortoMarch1precedingtheFiscalYearinwhichthe
SpecialTaxisbeinglevied.
“ExemptProperty”meansallAssessors’ParcelsdesignatedasbeingexemptfromtheSpecialTaxas
providedforinSectionG.
“FinalMap”meansasubdivisionofpropertybyrecordationofafinalmap,parcelmap,orlotline
adjustment,pursuanttotheSubdivisionMapAct(CaliforniaGovernmentCodeSection66410etseq.)
orrecordationofacondominiumplanpursuanttoCaliforniaCivilCode1352thatcreatesindividual
lotsforwhichbuildingpermitsmaybeissuedwithoutfurthersubdivision.
“FiscalYear”meanstheperiodfromandincludingJuly1stofanyyeartoandincludingthefollowing
June30th.
“LandUseCategory”or“LUC”meansanyofthecategoriescontainedinSectionBhereoftowhichan
Assessor’sParcelisassignedconsistentwiththelanduseapprovalsthathavebeenreceivedor
proposedfortheAssessor’sParcelasofMarch1precedingtheFiscalYearinwhichtheSpecialTaxis
beinglevied.
“MaximumSpecialTax”meanseitherMaximumSpecialTaxAand/orMaximumSpecialTaxB
(Contingent),asapplicable.
“MaximumSpecialTaxA”meanstheMaximumSpecialTaxA,asdeterminedinaccordancewith
SectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor'sParcelofTaxableProperty
withinCFDNo.2019Ͳ1.
16.d
Packet Pg. 363 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino3
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
“MaximumSpecialTaxB(Contingent)”meanstheMaximumSpecialTaxB(Contingent),as
determinedinaccordancewithSectionCbelowthatcanbeleviedinanyFiscalYearonanyAssessor's
ParcelofTaxablePropertywithinCFDNo.2019Ͳ1.
“MultiͲFamilyResidentialProperty” meansanyAssessor’sParcelofresidentialpropertythatconsists
ofabuildingorbuildingscomprisedofattachedResidentialUnitssharingatleastonecommonwall
withanotherunit.
“NonͲResidentialProperty”or“NR” meansallAssessor'sParcelsofTaxablePropertyforwhicha
buildingpermit(s)wasissuedforanonͲresidentialuse.TheAdministratorshallmakethe
determinationifanAssessor’sParcelisNonͲResidentialProperty.
“PropertyOwner’sAssociation”or“POA”meansthepropertyowner’sassociationorhomeowner’s
associationestablishedtomaintaincertainlandscapingwithinaTaxZone.
“Proportionately”meansforTaxablePropertythatis:(i)DevelopedProperty,thattheratioofthe
actualSpecialTaxlevytotheMaximumSpecialTaxisthesameforallParcelsofDevelopedProperty
withthesameTaxZone,(ii)ApprovedProperty,thattheratiooftheactualSpecialTaxlevytothe
MaximumSpecialTaxisthesameforallParcelsofApprovedPropertywiththesameTaxZone,and
(iii)UndevelopedPropertythattheratiooftheactualSpecialTaxlevyperacretotheMaximum
SpecialTaxperacreisthesameforallParcelsofUndevelopedPropertywiththesameTaxZone.
“ResidentialUnit”or"RU"meansaresidentialunitthatisusedorintendedtobeusedasadomicile
byoneormorepersons,asdeterminedbytheAdministrator.
“ResidentialProperty”meansallAssessor’sParcelsofTaxablePropertyuponwhichcompleted
ResidentialUnitshavebeenconstructedorforwhichbuildingpermitshavebeenormaybeissuedfor
purposesofconstructingoneormoreResidentialUnits.
“Service(s)”meansservicespermittedundertheMelloͲRoosCommunityFacilitiesActof1982
including,withoutlimitation,thoseservicesauthorizedtobefundedbyCFDNo.2019Ͳ1assetforth
inthedocumentsadoptedbytheCityCouncilatthetimetheCFDwasformed.
“SingleFamilyResidentialProperty” meansanyresidentialpropertyotherthanMultiͲFamily
ResidentialPropertyonanAssessor’sParcel.
“SpecialTax(es)”meanstheSpecialTaxAand/orSpecialTaxB(Contingent)tobeleviedineachFiscal
YearoneachAssessor’sParcelofTaxableProperty.
“SpecialTaxA”meanstheannualspecialtaxtobeleviedineachFiscalYearoneachAssessor’sParcel
ofTaxablePropertytofundtheSpecialTaxARequirement.
"SpecialTaxARequirement"meansforeachTaxZone,thatamounttobecollectedinanyFiscalYear
topayforcertaincostsasrequiredtomeettheneedsforsuchTaxZoneofCFDNo.2019Ͳ1inboth
thecurrentFiscalYearandthenextFiscalYear.Thecoststobecoveredshallbethedirectcostsfor
maintenanceservicesincludingbutnotlimitedto(i)maintenanceandlightingofparks,parkways,
streets,roadsandopenspace,(ii)maintenanceandoperationofwaterqualityimprovements,(iii)
publicstreetsweeping,(iv)fundanoperatingreserveforthecostsofServicesasdeterminedbythe
Administrator,and(v)AdministrativeExpenses.UndernocircumstancesshalltheSpecialTaxA
RequirementincludefundsforBonds.
16.d
Packet Pg. 364 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino4
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
“SpecialTaxB(Contingent)”meanstheSpecialTaxB(Contingent)tobeleviedineachFiscalYearon
eachAssessor’sParcelofTaxablePropertytofundtheContingentSpecialTaxBRequirement,if
required.
"TaxableProperty"meansallAssessor’sParcelswithinCFDNo.2019Ͳ1,whicharenotExempt
Property.
“TaxableUnit” meansaResidentialUnit,BuildingSquareFootage,oranAcre.
"TaxZone"meansamutuallyexclusivegeographicarea,withinwhichparticularSpecialTaxratesmay
beleviedpursuanttothisRateandMethodofApportionmentofSpecialTax.AppendixCidentifies
theTaxZoneinCFDNo.2019Ͳ1atformation;additionalTaxZonesmaybecreatedwhenpropertyis
annexedintotheCFD.
"TaxZone1"meansthespecificgeographicareaidentifiedontheCFDBoundaryMapasTaxZone1.
"Tract(s)"meansanareaofland;i)withinasubdivisionidentifiedbyaparticulartractnumberona
FinalMap,ii)identifiedwithinaParcelMap;oriii)identifiedwithinlotlineadjustmentapprovedfor
subdivision.
“UndevelopedProperty”means,foreachFiscalYear,allTaxablePropertynotclassifiedasDeveloped
PropertyorApprovedProperty.
B. ASSIGNMENTTOLANDUSECATEGORIES
ForeachFiscalYear,allAssessor’sParcelsofTaxablePropertywithinCFDNo.2019Ͳ1shallbeclassified
asDevelopedProperty,ApprovedProperty,orUndevelopedProperty,andshallbesubjecttothelevy
ofSpecialTaxesasdeterminedpursuanttoSectionsCandDbelow.Assessor’sParcelsofDeveloped
PropertyandApprovedPropertyshallbeclassifiedaseitherResidentialPropertyorNonͲResidential
Property.ResidentialPropertyshallbefurtherclassifiedasSingleFamilyResidentialPropertyor
MultiͲFamilyResidentialPropertyandthenumberofResidentialUnitsshallbedeterminedbythe
Administrator.
C. MAXIMUMSPECIALTAXRATES
ForpurposesofdeterminingtheapplicableMaximumSpecialTaxforAssessor’sParcelsofDeveloped
PropertyandApprovedPropertywhichareclassifiedasResidentialProperty,allsuchAssessor’s
ParcelsshallbeassignedthenumberofResidentialUnit(s)constructedortobeconstructedthereon
asspecifiedinorshownonthebuildingpermit(s)issuedorFinalMapasdeterminedbythe
Administrator.ForParcelsofundevelopedpropertyzonedfordevelopmentofsinglefamilyattached
ormultiͲfamilyunits,thenumberofResidentialUnitsshallbedeterminedbyreferencingthe
condominiumplan,apartmentplan,siteplanorotherdevelopmentplan,orbyassigningthe
maximumallowableunitspermittedbasedontheunderlyingzoningfortheParcel.Onceasingle
familyattachedormultiͲfamilybuildingorbuildingshavebeenbuiltonanAssessor'sParcel,the
AdministratorshalldeterminetheactualnumberofResidentialUnitscontainedwithinthebuilding
orbuildings,andtheSpecialTaxAleviedagainsttheParcelinthenextFiscalYearshallbecalculated
bymultiplyingtheactualnumberofResidentialUnitsbytheMaximumSpecialTaxperResidential
UnitidentifiedfortheTractbeloworasincludedinAppendixAaseachAnnexationoccurs.
ForpurposesofdeterminingtheapplicableMaximumSpecialTaxforAssessor’sParcelsofDeveloped
PropertyandApprovedPropertywhichareclassifiedasNonͲResidentialProperty,allsuchAssessor’s
16.d
Packet Pg. 365 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino5
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
ParcelsshallbeassignedthenumberofBuildingSquareFootageorAcresasshownontheFinalMap
asdeterminedbytheAdministrator.OncetheAdministratordeterminestheactualnumberof
BuildingSquareFootageorAcresfortheAssessor’sParcels,theSpecialTaxAleviedagainstthe
Assessor’sParcelinthenextFiscalYearshallbecalculatedbymultiplyingthenumberofBuilding
SquareFootageorAcresbytheMaximumSpecialTaxperTaxableUnitidentifiedfortheTaxZone
beloworasincludedinAppendixAaseachAnnexationoccurs.
1.SpecialTaxA
a.DevelopedProperty
(i)MaximumSpecialTaxA
TheMaximumSpecialTaxAforeachAssessor’sParcelofDevelopedPropertyshallbespecific
toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.2019Ͳ1,
therateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTax
AfortheTaxZonesannexedandincludedinAppendixA.TheMaximumSpecialTaxAfor
DevelopedPropertyforFiscalYear2019Ͳ2020withinTaxZone1isidentifiedinTable1below:
TABLE1
MAXIMUMSPECIALTAXARATES
DEVELOPEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
Maximum
SpecialTaxA
1TR17170SingleFamilyResidentialPropertyRU$961
(ii)IncreaseintheMaximumSpecialTaxA
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforDeveloped
Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)
forLosAngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningofthe
precedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater.
(iii)MultipleLandUseCategories
InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone
LandUseCategory.TheMaximumSpecialTaxAthatcanbeleviedonanAssessor'sParcel
shallbethesumoftheMaximumSpecialTaxAthatcanbeleviedforeachLandUseCategory
locatedonthatAssessor'sParcel.ForanAssessor'sParcelthatcontainsmorethanoneland
use,theAcreageofsuchAssessor'sParcelshallbeallocatedtoeachtypeofpropertybased
ontheamountofAcreagedesignatedforeachlanduseasdeterminedbyreferencetothe
siteplanapprovedforsuchAssessor'sParcel.TheAdministrator'sallocationtoeachtypeof
propertyshallbefinal.
b.ApprovedProperty
TheMaximumSpecialTaxAforeachAssessor’sParcelofApprovedPropertyshallbespecificto
eachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.2019Ͳ1,therate
andmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAforthe
TaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforApprovedproperty
FiscalYear2019Ͳ20withinTaxZone1isidentifiedinTable2below:
16.d
Packet Pg. 366 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino6
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TABLE2
MAXIMUMSPECIALTAXARATES
APPROVEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
Maximum
SpecialTaxA
1TR17170SingleFamilyResidentialRU$961
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforApprovedProperty
shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles
ͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)
bytwopercent(2.0%),whicheverisgreater.
c.UndevelopedProperty
TheMaximumSpecialTaxAforeachAssessor’sParcelofUndevelopedPropertyshallbespecific
toeachTaxZonewithintheCFD.WhenadditionalpropertyisannexedintoCFDNo.2019Ͳ1,the
rateandmethodadoptedfortheannexedpropertyshallreflecttheMaximumSpecialTaxAfor
theTaxZoneannexedandincludedinAppendixA.TheMaximumSpecialTaxAforUndeveloped
PropertyforFiscalYear2019Ͳ20withinTaxZone1isidentifiedinTable3below:
TABLE3
MAXIMUMSPECIALTAXARATES
UNDEVELOPEDPROPERTY
TaxZoneTractsTaxableUnitMaximumSpecialTaxA
1TR17170Acre$4,338
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxAforUndevelopedProperty
shallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLosAngeles
ͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)
bytwopercent(2.0%),whicheverisgreater.
2.SpecialTaxB(Contingent)
TheCityCouncilshalllevySpecialTaxB(Contingent)onlyintheeventthePOAdefaultsinitsbligation
tomaintaintheContingentServices,whichdefaultshallbedeemedtohaveoccurred,asdetermined
bytheAdministrator,ineachofthefollowingcircumstances:
(a)ThePOAfilesforbankruptcy;
(b)ThePOAisdissolved;
(c)ThePOAceasestolevyannualassessmentsfortheContingentServices;or
(d)ThePOAfailstoprovidetheContingentServicesatthesamelevelastheCityprovidessimilar
servicesandmaintainssimilarimprovementsthroughouttheCityandwithinninety(90)days
afterwrittennoticefromtheCity,orsuchlongerperiodpermittedbytheCityManager,fails
toremedythedeficiencytothereasonablesatisfactionoftheCityCouncil.
a.DevelopedProperty
(i)MaximumSpecialTaxB(Contingent)
16.d
Packet Pg. 367 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino7
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TheMaximumSpecialTaxB(Contingent)foreachAssessor’sParcelofTaxablePropertyis
showninTable4andshallbespecifictoeachTaxZonewithintheCFD.Whenadditional
propertyisannexedintoCFDNo.2019Ͳ1,therateandmethodadoptedfortheannexed
propertyshallreflecttheMaximumSpecialTaxB(Contingent)foreachTaxZonesannexed
andincludedinAppendixA.TheMaximumSpecialTaxB(Contingent)forFiscalYear2019Ͳ20
withinTaxZone1isidentifiedinTable4below:
TABLE4
MAXIMUMSPECIALTAXB(CONTINGENT)RATES
DEVELOPEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
MaximumSpecial
TaxB(Contingent)
1TR17170SingleFamilyResidentialPropertyRU$0
(ii)IncreaseintheMaximumSpecialTaxB(Contingent)
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)for
DevelopedPropertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex
(AllItems)forLosAngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningof
theprecedingFiscalYear,orii)bytwopercent(2.0%),whicheverisgreater.
(iii)MultipleLandUseCategories
InsomeinstancesanAssessor'sParcelofDevelopedPropertymaycontainmorethanone
LandUseCategory.TheMaximumSpecialTaxB(Contingent)thatcanbeleviedonan
Assessor'sParcelshallbethesumoftheMaximumSpecialTaxB(Contingent)thatcanbe
leviedforeachLandUseCategorylocatedonthatAssessor'sParcel.ForanAssessor'sParcel
thatcontainsmorethanonelanduse,theAcreageofsuchAssessor'sParcelshallbeallocated
toeachtypeofpropertybasedontheamountofAcreagedesignatedforeachlanduseas
determinedbyreferencetothesiteplanapprovedforsuchAssessor'sParcel.The
Administrator'sallocationtoeachtypeofpropertyshallbefinal.
b.ApprovedProperty
TheMaximumSpecialTaxB(Contingent)foreachAssessor’sParcelofTaxablePropertyisshown
inTable5andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis
annexedintoCFDNo.2019Ͳ1,therateandmethodadoptedfortheannexedpropertyshallreflect
theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA.
TheMaximumSpecialTaxB(Contingent)forFiscalYear2019Ͳ20withintheTaxZoneisidentified
inTable5below:
TABLE5
MAXIMUMSPECIALTAXB(CONTINGENT)RATES
APPROVEDPROPERTY
Tax
ZoneTractLandUseCategory
Taxable
Unit
MaximumSpecial
TaxB(Contingent)
1TR17170SingleFamilyResidentialPropertyRU$0
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forApproved
Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)for
16.d
Packet Pg. 368 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino8
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
LosAngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningofthepreceding
FiscalYear,orii)bytwopercent(2.0%),whicheverisgreater.
c.UndevelopedProperty
TheMaximumSpecialTaxB(Contingent)foreachAssessor’sParcelofTaxablePropertyisshown
inTable6andshallbespecifictoeachTaxZonewithintheCFD.Whenadditionalpropertyis
annexedintoCFDNo.2019Ͳ1,therateandmethodadoptedfortheannexedpropertyshallreflect
theMaximumSpecialTaxB(Contingent)fortheTaxZoneannexedandincludedinAppendixA.
TheMaximumSpecialTaxB(Contingent)forFiscalYear2019Ͳ20withintheTaxZoneisidentified
inTable6below:
TABLE6
MAXIMUMSPECIALTAXB(CONTINGENT)RATES
UNDEVELOPEDPROPERTY
TaxZone
TractsTaxableUnit
MaximumSpecial
TaxB(Contingent)
1TR17170Acre$0
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxB(Contingent)forUndeveloped
Propertyshallincreasebyi)thepercentageincreaseintheConsumerPriceIndex(AllItems)forLos
AngelesͲRiversideͲOrangeCounty(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,
orii)bytwopercent(2.0%),whicheverisgreater.
D. METHODOFAPPORTIONMENTOFANNUALSPECIALTAX
1.SpecialTaxA
CommencingwithFiscalYear2019Ͳ20andforeachfollowingFiscalYear,theCouncilshalldetermine
theSpecialTaxARequirementandshalllevytheSpecialTaxAonallAssessor’sParcelsofTaxable
PropertyuntiltheaggregateamountofSpecialTaxAequalstheSpecialTaxARequirementforeach
TaxZone.TheSpecialTaxAshallbeleviedforeachFiscalYearasfollows:
First:TheSpecialTaxAshallbeleviedProportionatelyonallAssessor’sParcelsofDeveloped
PropertywithineachTaxZoneupto100%oftheapplicableMaximumSpecialTaxtosatisfytheSpecial
TaxARequirementforsuchTaxZone;
Second:IfadditionalmoneysareneededtosatisfytheSpecialTaxARequirementforaTaxZone
afterthefirststephasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyoneach
ParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxAfor
ApprovedProperty;
Third:IfadditionalmoniesareneededtosatisfytheSpecialTaxARequirementforaTaxZone
afterthefirsttwostepshasbeencompleted,theSpecialTaxAshallbeleviedProportionatelyonall
Assessor’sParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecial
TaxAforUndevelopedProperty.
2.SpecialTaxB(Contingent)
CommencingwithFiscalYearinwhichSpecialTaxB(Contingent)isauthorizedtobeleviedandfor
eachfollowingFiscalYear,theCityCouncilshalldeterminetheContingentSpecialTaxB(Contingent)
RequirementforeachTaxZone,ifany,andshalllevytheSpecialTaxonallAssessor’sParcelsof
16.d
Packet Pg. 369 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino9
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TaxablePropertywithinsuchTaxZoneuntiltheaggregateamountofSpecialTaxB(Contingent)equals
theSpecialTaxB(Contingent)RequirementforsuchTaxZone.TheSpecialTaxB(Contingent)Shall
beleviedforeachFiscalYearasfollows:
First:TheSpecialTaxshallbeleviedProportionatelyonallAssessor’sParcelsofDeveloped
PropertyforaTaxZoneupto100%oftheapplicableMaximumSpecialTaxB(Contingent)tosatisfy
theContingentSpecialTaxBRequirement;
Second:IfadditionalmoneysareneededtosatisfytheContingentSpecialTaxBRequirementafter
thefirststephasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionatelyon
eachParcelofApprovedPropertywithinsuchTaxZoneupto100%oftheMaximumSpecialTaxB
(Contingent)forApprovedProperty;
Third:IfadditionalmoniesareneededtosatisfytheContingentSpecialTaxBRequirementafter
thefirsttwostepshasbeencompleted,theSpecialTaxB(Contingent)shallbeleviedProportionately
onallAssessor’sParcelsofUndevelopedPropertywithinsuchTaxZoneupto100%oftheMaximum
SpecialTaxB(Contingent)forUndevelopedProperty.
E. FUTUREANNEXATIONS
ItisanticipatedthatadditionalpropertieswillbeannexedtoCFDNo.2019Ͳ1fromtimetotime.As
eachannexationisproposed,ananalysiswillbepreparedtodeterminetheannualcostforproviding
Services.Basedonthisanalysis,thepropertytobeannexed,pursuanttoCaliforniaGovernmentCode
section53339etseq.willbeassignedtotheappropriateMaximumSpecialTaxratefortheTaxZone
whenannexedandincludedinAppendixA.
F. DURATIONOFSPECIALTAX
ForeachFiscalYear,theSpecialTaxAshallbeleviedaslongastheServicesarebeingprovided.
ForeachFiscalYear,theSpecialTaxB(Contingent)shallbeleviedaslongastheContingentServices
arebeingprovided.
G. EXEMPTIONS
TheCityshallclassifyasExemptPropertywithinCFDNo.2019Ͳ1,anyAssessor’sParcels;(i)whichare
ownedby,irrevocablyofferedfordedication,encumberedbyorrestrictedinusebyanypublicentity;
(ii)withpublicorutilityeasementsmakingimpracticaltheirutilizationforotherthanthepurposesset
forthintheeasement;(iii)whichareprivatelyownedbutareencumberedbyorrestrictedsolelyfor
publicuses;or(iv)whichisinuseintheperformanceofapublicfunctionasdeterminedbythe
Administrator.
H. APPEALS
AnypropertyownerclaimingthattheamountorapplicationoftheSpecialTaxesarenotcorrectmay
fileawrittennoticeofappealwiththeCitynotlaterthantwelvemonthsafterhavingpaidthefirst
installmentoftheSpecialTaxthatisdisputed.Arepresentative(s)ofCFDNo.2019Ͳ1shallpromptly
reviewtheappeal,andifnecessary,meetwiththepropertyowner,considerwrittenandoralevidence
regardingtheamountoftheSpecialTax,andruleontheappeal.Iftherepresentative’sdecision
requiresthattheSpecialTaxforanAssessor’sParcelbemodifiedorchangedinfavoroftheproperty
owner,acashrefundshallnotbemade,butanadjustmentshallbemadetotheSpecialTaxonthat
Assessor’sParcelinthesubsequentFiscalYear(s).
16.d
Packet Pg. 370 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino10
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
I. MANNEROFCOLLECTION
TheSpecialTaxshallbecollectedinthesamemannerandatthesametimeasordinaryadvalorem
propertytaxes,provided,however,thatCFDNo.2019Ͳ1maycollecttheSpecialTaxatadifferenttime
orinadifferentmannerifnecessarytomeetitsfinancialobligations.
16.d
Packet Pg. 371 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino11
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
APPENDIXA
CITYOFSANBERNARDINO
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
COSTESTIMATE
SpecialTaxAServicesͲTheestimatebreaksdownthecostsofprovidingoneyear'smaintenance
servicesforFiscalYear2021Ͳ22.TheseservicesarebeingfundedbythelevyofSpecialTaxAfor
CommunityFacilitiesDistrictNo.2019Ͳ1.
TAXZONE10
TR20189
ItemDescriptionEstimatedCost
1Lighting$600
2Streets$8,351
3Drainage$4
4Reserves$91
5Admin$896
Total$9,942
SpecialTaxBContingentServices–Theestimateinthetablebelowbreaksdownthecostsof
providingoneyear’scontingentmaintenanceservicesforFiscalYear2021Ͳ22.Ifnecessary,these
serviceswillbefundedbythelevyofSpecialTaxB(Contingent)forCommunityFacilitiesDistrict
No.2019Ͳ1TaxZone10.
TAXZONEϭϬ(CONTINGENTSERVICES)
TR20189
ItemDescriptionEstimatedCost
1Drainage$2,383
2Reserves$238
3Admin$500
Total$3,121
TAXZONE10
FY2021Ͳ22MAXIMUMSPECIALTAXRATES
DEVELOPEDPROPERTYANDAPPROVEDPROPERTY
LandUse
Category
Taxable
Unit
Maximum
SpecialTaxA
Maximum
SpecialTaxB
NonͲResidentialPropertyAcre$490$154
16.d
Packet Pg. 372 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino12
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TAXZONE10
FY2021Ͳ22MAXIMUMSPECIALTAXRATES
UNDEVELOPEDPROPERTY
Taxable
Unit
Maximum
SpecialTaxA
Maximum
SpecialTaxB
Acre$490$154
16.d
Packet Pg. 373 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino13
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
TAXZONESUMMARY
Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
SpecialTaxA
Maximum
SpecialTaxB
Subdivider
Original1171702019Ͳ20$961/RU$0/RUSantiagoCommunities,Inc.
12173292019Ͳ20$473/RU$0/RUJECEnterprises,Inc.
23PM198142020Ͳ21$608/Acre$0/AcreGWS#4Development,LLC
340266Ͳ041Ͳ392019Ͳ20$1,136/Acre$0/AcreDevoreStorageFacility,LLC
45TR200062020Ͳ21$344/RU$57/RUTHRanchoPalma,LLC
56PM197012020Ͳ21$1,895/Acre$528/AcreStrataPalma,LLC
67PM201122020Ͳ21$3,197/Acre$0/AcreSanBernardinoMedical
CenterLLC
78TR202932021Ͳ22$2,913/Acre$334/AcreICOFundVI,LLC
89LM2019Ͳ0212021Ͳ22$815/Acre$232/AcreTR2600CajonIndustrialLLC
910TR201892021Ͳ22$490/Acre$154/AcreCentralCommerceCenter,LLC
1011LD19000862021Ͳ22$1,472/Acre$0/AcreLankershimIndustrial,LLC
ESCALATIONOFMAXIMUMSPECIALTAXES
OneachJuly1,commencingonJuly1,2020theMaximumSpecialTaxshallincreasebyi)the
percentageincreaseintheConsumerPriceIndex(AllItems)forLosAngelesͲRiversideͲOrange
County(1982Ͳ84=100)sincethebeginningoftheprecedingFiscalYear,orii)bytwopercent
(2.0%),whicheverisgreater.
16.d
Packet Pg. 374 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino14
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
APPENDIXB
CITYOFSANBERNARDINO
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
DESCRIPTIONOFAUTHORIZEDSERVICES
TheserviceswhichmaybefundedwithproceedsofthespecialtaxofCFDNo.2019Ͳ1,asprovidedby
Section53313oftheAct,willincludeallcostsattributabletomaintaining,servicing,cleaning,repairing
and/orreplacinglandscapedareas(mayincludereservesforreplacement)inpublicstreetrightͲofͲways,
publiclandscaping,publicopenspacesandothersimilarlandscapedareasofficiallydedicatedforpublic
use.Theseservicesincludingthefollowing:
(a) maintenanceandlightingofparks,parkways,streets,roadsandopenspace,which
maintenanceandlightingservicesmayinclude,withoutlimitation,furnishingofelectricalpowertostreet
lightsandtrafficsignals;repairandreplacementofdamagedorinoperativelightbulbs,fixturesand
standards;maintenance(includingirrigationandreplacement)oflandscapingvegetationsituatedonor
adjacenttoparks,parkways,streets,roadsandopenspace;maintenanceandrepairofirrigationfacilities;
maintenanceofpublicsignage;graffitiremovalfromandmaintenanceandrepairofpublicstructures
situatedonparks,parkways,streets,roadsandopenspace;maintenanceandrepairofplaygroundor
recreationprogramequipmentorfacilitiessituatedonanypark;and
(b)maintenanceandoperationofwaterqualityimprovementswhichincludestormdrainage
andfloodprotectionfacilities,including,withoutlimitation,drainageinlets,catchbasininserts,infiltration
basins,floodcontrolchannels,fossilfuelfilters,andsimilarfacilities.Maintenanceservicesmayinclude
butisnotlimitedtotherepair,removalorreplacementofallorpartofanyofthewaterquality
improvements,fossilfuelfilterswithinthepublicrightͲofͲwayincludingtheremovalofpetroleum
hydrocarbonsandotherpollutantsfromwaterrunoff,orappurtenantfacilities,clearingofinletsand
outlets;erosionrepairs;andcleanuptoimprovements,andotheritemsnecessaryforthemaintenance,
servicing;orbothofthewaterqualitybasinimprovementswithinfloodcontrolchannelimprovements;
and
(c)publicstreetsweeping,onthesegmentsofthearterialswithintheboundariesofCFDNo.
2019Ͳ1;aswellaslocalroadswithinresidentialsubdivisionslocatedwithinCFDNo.2019Ͳ1;andany
portionsadjacenttothepropertieswithinCFDNo.2019Ͳ1;and
Inadditiontopaymentofthecostandexpenseoftheforgoingservices,proceedsofthespecialtaxmay
beexpendedtopay“AdministrativeExpenses,”assaidtermisdefinedintheRateandMethodof
Apportionment.
TheaboveservicesshallbelimitedtothoseprovidedwithintheboundariesofCFDNo.2019Ͳ1orforthe
benefitofthepropertieswithintheboundariesofCFDNo.2019Ͳ1,astheboundaryisexpandedfromtime
totimebyanticipatedannexations,andsaidservicesmaybefinancedbyproceedsofthespecialtaxof
CFDNo.2019Ͳ1onlytotheextentthattheyareinadditiontothoseprovidedintheterritoryofCFDNo.
2019Ͳ1beforeCFDNo.2019Ͳ1wascreated.
16.d
Packet Pg. 375 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
CityofSanBernardino15
CommunityFacilitiesDistrictNo.2019Ͳ1(MaintenanceServices)
APPENDIXC
CITYOFSANBERNARDINO
COMMUNITYFACILITIESDISTRICTNO.2019Ͳ1(MAINTENANCESERVICES)
PROPOSEDBOUNDARIESANDPOTENTIALANNEXATIONAREABOUNDARIES
16.d
Packet Pg. 376 Attachment: Attachment 4 - Resolution No. 2021-222; Exhibit C - Rate and Method of Apportionment (8501 : Declaring Intent to Annex Territory:
0280-151-060280-151-050280-151-040280-151-030280-151-020280-151-210280-151-200280-151-090280-151-080280-151-07CENTRAL AVEFOISY STLENA RDANNEXATION MAP NO. 9COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2019-1TAX ZONE 10^_·|}þ18·|}þ210§¨¦15§¨¦215£¤66£¤66THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22. -LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER 10 TAX ZONETHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTON ASSESSOR-RECORDER-CLERK COUNTY OF SAN BERNARDINO BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE1016.ePacket Pg. 377Attachment: Attachment 5 - Resolution No. 2021-222; Exhibit D - Boundary Maps (8501 : Declaring Intent
16.ePacket Pg. 378Attachment: Attachment 5 - Resolution No. 2021-222; Exhibit D - Boundary Maps (8501 : Declaring Intent
16.f
Packet Pg. 379 Attachment: Attachment 6 - Resolution No. 2021-222; Exhibit E - Signed Petition (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1
16.f
Packet Pg. 380 Attachment: Attachment 6 - Resolution No. 2021-222; Exhibit E - Signed Petition (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1
EXHIBIT F
NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN
EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES)
(ANNEXATION NO. 9)
NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on September 1, 2021
adopted its Resolution No. 2021-___, 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 safety services, all pursuant to the provisions of the Mello-Roos Community
Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The
resolution describes the territory to be annexed and describes the rate and method of apportionment of the
proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed.
NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as
practicable, Wednesday, October 20, 2021 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 October 20, 2021 meeting must occur by
teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an
Executive Order of the Governor of California, the means and methods for participating the meeting shall
be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on
the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F.
Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda
will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002.
DATED: ____________, 2021 _________________________________________
City Clerk of the City of San Bernardino
PUB: _______________, 2021
16.g
Packet Pg. 381 Attachment: Attachment 7 - Resolution No. 2021-222; Exhibit F - Notice of Public Hearing (8501 : Declaring Intent to Annex Territory: CFD No.
EXHIBIT G
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
ANNEXATION NO. 9
(October 20, 2021)
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
Central Commerce Center, LLC 20.30 21
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
October 6, 2021, two calendar weeks prior to the date set for the election. Mailing
later than this deadline creates the risk that the special tax ballot may not be
received in time to be counted.
Personal
Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on October 20,
2021, 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 October 20, 2021.
Very truly yours,
Genoveva Rocha, CMC, City Clerk
16.h
Packet Pg. 382 Attachment: Attachment 8 - Resolution No. 2021-222; Exhibit G - Ballot (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1
TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.
OFFICIAL SPECIAL TAX BALLOT
Name & Address of Property Owner: Assessor’s Parcel Number(s):
Central Commerce Center, LLC
Attn: Chad Manista
4450 Macarthur Blvd, Suite 100
Newport Beach, CA 92660
0280-151-02, 0280-151-03, 0280-151-04,
0280-151-05, 0280-151-06, 0280-151-07,
0280-151-08, 0280-151-09, 0280-151-20,
0280-151-21
CITY OF SAN BERNARDINO
COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)
AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT
SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO”
WITH AN “X”:
Shall the City Council of the City of San Bernardino be authorized to
levy a special tax on an annual basis at the rates and apportioned
as described in Exhibit C to the Resolution Declaring its Intention to
Annex territory to Community Facilities District No. 2019-1
(Maintenance Services) adopted by the City Council on September
1, 2021 (the “Resolution”), which is incorporated herein by this
reference, within the territory identified on the map entitled
“Annexation Map No. 9 of Community Facilities District No. 2019-1
(Maintenance Services) City of San Bernardino” to finance certain
services as set forth in Section 4 to the Resolution (including
incidental expenses), and shall an appropriation limit be established
for the Community Facilities District No. 2019-1 (Maintenance
Services) in the amount of special taxes collected?
YES _________
NO _________
Certification for Special Election Ballot
The undersigned is an authorized representative of the above-named landowner and is the
person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct and that this declaration is executed on ____________, 20__.
Central Commerce Center, LLC
By: Chadwick Manista
Vice President
Signature
Print Name
Title
16.h
Packet Pg. 383 Attachment: Attachment 8 - Resolution No. 2021-222; Exhibit G - Ballot (8501 : Declaring Intent to Annex Territory: CFD No. 2019-1
PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 10 16.iPacket Pg. 384Attachment: Attachment 9 - Project/Location Map (8501 : Declaring Intent to Annex Territory: CFD No.
16.jPacket Pg. 385Attachment: Attachment 10 - CFD Maintenance Area Exhibit [Revision 1] (8501 : Declaring Intent to Annex
Page 1
Request for Future Meeting
City of San Bernardino
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Sandra Ibarra, Mayor Pro-Tem/Council Member, Ward 2
Subject: Penalty for Landlords Failing to Register for Crime Free Multi-
Housing Program-Mayor Pro Tem Ibarra
17
Packet Pg. 386
Page 1
Request for Future Meeting
City of San Bernardino
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Theodore Sanchez, Council Member, Ward 1
Subject: City Support for Future Downtown Public Events - Council
Member Theodore Sanchez
18
Packet Pg. 387
Page 1
Request for Future Meeting
City of San Bernardino
Date: September 1, 2021
To: Honorable Mayor and City Council Members
From: Robert D. Field, City Manager
By: John Valdivia, Mayor
Subject: Smart City Project Presentation by Honeywell - Mayor John
Valdivia
19
Packet Pg. 388