HomeMy WebLinkAbout07-15-2020 REVISED 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, JULY 15, 2020
5:30 PM – CLOSED SESSION 7:00 PM – OPEN SESSION
W EB-CONFERENCE • VIA ZOOM • WWW.SBCITY.ORG
IMPORTANT COVID-19 NOTICE
IN AN EFFORT TO PROTECT PUBLIC HEALTH AND PREVENT THE SPREAD OF COVID-19
(CORONAVIRUS) AND TO ENABLE APPROPRIATE SOCIAL DISTANCING, THE MAYOR &
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COUNCIL MEETING ON TELEVISION OR ONLINE. THE MEETING IS BROADCAST LIVE ON
TIME WARNER CHANNEL 3 OR CHARTER SPECTRUM CHANNEL 3 AND L IVE STREAMED
ONLINE AT
http://sanbernardinocityca.iqm2.com/Citizens/Detail_Meeting.aspx?ID=2919
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& CITY COUNCIL MAY PARTICIPATE IN THE FOLLOWING WAYS:
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http://edocs.sbcity.org/WebLink/Browse.aspx?id=4077808&dbid=0&repo=SB
James
Mulvihill
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 2 Printed 7/13/2020
Theodore Sanchez John Valdivia James Mulvihill
MAYOR PRO-TEM, WARD 1 MAYOR COUNCIL MEMBER, WARD 7
Sandra Ibarra
Teri Ledoux
COUNCIL MEMBER, W ARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, W ARD 3
CITY ATTORNEY
Fred Shorett Genoveva Rocha
COUNCIL MEMBER, W ARD 4 ACTING CITY CLERK
Henry Nickel
COUNCIL MEMBER, W ARD 5
Bessine L. Richard
COUNCIL MEMBER, W ARD 6
CITY
ATTORNEY
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino.
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.
o All documents for public review are on file with the City Clerk’s Office or may be accessed online by
going to www.sbcity.org.
CALL TO ORDER
Attendee Name Present Absent Late Arrived
Mayor Pro-Tem, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Henry Nickel
Council Member, Ward 6 Bessine L. Richard
Council Member, Ward 7 James Mulvihill
Mayor John Valdivia
Acting City Clerk Genoveva Rocha
City Attorney Sonia Carvalho
City Manager Teri Ledoux
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 3 Printed 7/13/2020
5:30 P.M.
CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION
(A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to
Government Code Section 54956.9(a) and (d)(1)):
i.) State of California et al., ex rel. OTG Wireless, LLC v. Cellco Partnership,
et al., Sacramento Superior Court Case No. 34-2012-00127517
ii) Pepe’s Inc. dba Pepe’s Towing v. City of San Bernardino, et al., United
States District Court Case No. 5:18-cv-02277 SVW (SPx)
iii) Pepe’s Inc., a California Corporation, dba Pepe’s Towing v. City of San
Bernardino, Virginia Marquez, et al., 9th Circuit Court of Appeal, Case No.
19-56501
iv) Pepe’s Inc. v. City of San Bernardino, et al., California Court of Appeal, 4th
Appellate District, Division 2, Case No. E0741745 (Underlying SBCSC
Case No. CIVDS1827968)
v) M.H., a minor by and through his guardian ad litem, Nakitta Young v. City
of San Bernardino, et al., United States District Court Case No.5:20-cv-
00242 JGB (KKx)
vi) Gary Saenz and Georgeann Hanna v. City of San Bernardino, et al., San
Bernardino Superior Court Case No. CIVDS2003802
(B) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION
Initiation of litigation (Pursuant to Government Code Section 54956 .9(d)(4)): One
case
(C) PUBLIC EMPLOYMENT/APPOINTMENT (Pursuant to Government Code
Section 54957): City Clerk
(D) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code
Section 54957.6):
Agency Designated Representative(s): Director of Human Resources
Unrepresented Employee: City Clerk
7:00 P.M.
INVOCATION AND PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT
APPOINTMENTS
1. Arts and Historical Preservation Commission Appointment
Recommendation
That the Mayor and City Council of the City of San Bernardino , California, approve
the appointment of Ms. Joyce P. Seeger to the Arts and Historical Preservation
Commission by 5th Ward Council Member Henry Nickel. Ms. Seeger will replace
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 4 Printed 7/13/2020
Nicholas R. Cataldo with the term ending December 2020.
2. Parks, Recreation and Community Services Commission Appointment
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, approve
the appointment of Ms. Helen Tran to the Parks, Recreation and Community
Services Commission by 5th Ward Council Member Henry Nickel. Ms. Tran will
assume the position previously held by Brian Davison with the term ending
December 2020.
PRESENTATIONS
3. Recognition of Chaplin Ray Miller (Mayor)
4. Fireworks After Action Report
PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA
STAFF REPORTS
5. 2005 Pension Obligation Bond Restructuring
Recommendation
Adopt Resolution No. 2020-161 of the Mayor and City Council of the City of San
Bernardino, California, approving the issuance of its Taxable Pension Obligation
Bonds, 2020 Series A, approving the execution and delivery of a second
supplemental trust agreement, bond purchase, exchange and private placement
agreement, approving the preparation of a private placement memorandum and
other actions relating to the delivery of the bonds.
6. Risk Management Insurance Program Update Fiscal Year 2020/21
It is recommended that the Mayor and City Council:
1. Adopt Resolution No. 2020-176 of the Mayor and City Council of the City of
San Bernardino, California, approving the annual renewal of the City’s various
insurance policies negotiated through Alliant for the term beginning August 1,
2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed
$820,190 for property insurance for the term beginning August 1, 2020 and
ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber
liability insurance for the term beginning August 1, 2020 and ending July 1,
2021; and (3) for a premium not to exceed $3,500,000 for excess liability
insurance; AND authorizing an amendment to the FY 2020-21 Adopted
Budget in the amount of $2,113,229 to be appropriated into the Liability
Insurance Fund, Account Number 629-110-0056-5161, from the General
Fund Reserves and authorize staff to continue exploring options for
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 5 Printed 7/13/2020
containing excess general liability insurance costs and to bring back an
update in August of the outcome and option selected.
2. Adopt Resolution No. 2020-178 of the Mayor and City Council of the City of
San Bernardino, California, To: Remain a member of CSAC Excess
Insurance Authority; Becoming a Member of Public Risk Innovation,
Solutions, and Management; and authorize the City Manager to act on the
City’s behalf in relation to these entities.
7. Consideration of a General Transactions and Use Tax (Sales Tax) Measure
Recommendation
Review and consider placement of a general sales tax measure on the ballot for the
November 3, 2020, general election including the adoption of:
1. Resolution No. 2020-158 of the Mayor and City Council of the City of San
Bernardino, California, calling for the placement of a general tax measure on the
ballot for the November 3, 2020, general municipal election for the submission to
the qualified voters of an ordinance to enact a general transactions and use
(sales tax at the rate of one percent (1%).
2. Resolution No. 2020-159 of the Mayor and City Council of the City of San
Bernardino, California, requesting the Board of Supervisors of the County of San
Bernardino consolidate a general municipal election to be held on November 3,
2020, with the statewide general election to be held on that date pursuant to
elections code section 10403.
3. Resolution No. 2020-160 of the Mayor and City Council of the City of San
Bernardino, California, providing for the filing of primary and rebuttal arguments
and setting rules for filing of written arguments regarding a City measure to be
submitted at the November 3, 2020, general municipal election.
PUBLIC HEARINGS
8. Public Hearing on Fiscal Year 2020-21 Assessment Levies for Previously
Formed Assessment Districts
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a Public Hearing; and
2. Adopt the following:
a. Resolution No. 2020-162 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2
AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974,
975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007,
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 6 Printed 7/13/2020
1012 and 1016 for Fiscal Year 2020-21; and
b. Resolution No. 2020-163 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal
Year 2020-21; and
c. Resolution No. 2020-164 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1025 and 1027 for Fiscal Year 2020-21; and
d. Resolution No. 2020-165 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1),
1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041 , 1042, 1043 (ZONE
1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055,
1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2020 -21;
and
e. Resolution No. 2020-166 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District No. 1022 (San Bernardino International
Airport/Alliance-California) and Zones 1, 2 and 3 therefore for Fiscal Year
2020-21; and
3. Authorize the Director of Finance to amend the fiscal year 2020-21 Adopted
Budget as necessary to reflect district revenues and expenditure budgets; and
4. Direct staff to undertake the steps necessary to finalize the Mayor and City
Council’s action.
CONSENT CALENDAR
9. Approved Minutes of the May and June 2020 City Board, Commission, and
Citizen Advisory Committee
Recommendation
Receive and file the approved minutes of the May and June 2020 City Board,
Commission, and Citizen Advisory Committee meetings.
10. Amendments to Legal Services Agreements With: (1) Lyn berg & Watkins,
APC; (2) Carpenter, Rothans & Dumont LLP; and (3) Atkinson, Andelson,
Loya, Ruud & Romo
Recommendation
Adopt Resolution No. 2020-177 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to Execute Amendments to
Legal Services Agreements with: (1) Lynberg & Watkins, APC; (2) Carpenter,
Rothans & Dumont LLP; and (3) Atkinson, Andelson, Loya, Ruud & Romo.
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 7 Printed 7/13/2020
11. Resolution Authorizing the City Manager to Accept and Administer the 2020
COPS Hiring Program Grant
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-167 to:
1. Authorize the City Manager to accept and administer the 2020 Department of
Justice, Community Oriented Policing Services (COPS) Hiring Program Grant
(CHP) in the amount of $5,383,549 for the grant period July 1, 2020 through
June 30, 2023; and
2. Authorize the Director of Finance to amend the FY 2020/21 budget, appropriating
$1,658,701.33 in both revenue and expenditures; and
3. Authorize the Police Department to increase approved sworn staffing from 254 to
267 effective July 1, 2020.
12. Resolution Authorizing the City Manager to Accept the EMPG FY 2019 Grant
and Authorizing a Purchase Order to Vector USA
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-168 to:
1. Authorize the City Manager to accept the FY 2019 Emergency Management
Performance Grant (EMPG) in the amount of $30,571; and
2. Authorize the Director of Finance to amend the Adopted FY 2020/21 budget
increasing revenue and expenditures by $30,571, and issue a purchase order to
Vector USA in an amount not to exceed $27,000.
13. Board of State and Community Corrections, Youth Reinvestment Grant
Program - Budget Amendment
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, authorize
the Director of Finance to amend the Adopted Fiscal Year 2020/21 Budget,
appropriating $272,727 of the $1,000,000 Board of State and Community
Corrections, Youth Reinvestment Grant award received in August 2019.
14. Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the Cit y of San Bernardino,
California, approve the commercial and payroll disbursements for June 2020.
15. Resolution Ratifying the Grant Application Submittal and Accepting the Grant
Award for the Senior Companion Program for FY 2020/21
Recommendation
Adopt Resolution No. 2020-170 of the Mayor and City Council of the City of San
Bernardino, California, ratifying the Grant Application submittal, accepting the Grant
Award of $324,812, and authorizing the Director of Finance or designee to amend
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 8 Printed 7/13/2020
the FY 2020/21 adopted budget to reflect grant revenue and expenditures
accordingly for the Senior Companion Program (SCP) for the period of July 1, 2020
through June 30, 2021.
16. Purchase and Sale Agreement with Jeannette C. Okada with Respect to the
Real Property Located at 1256 Wall Avenue (APN 0146-241-07) – Successor
Agency Action
Recommendation
Adopt Resolution No. 2020-175 of the Mayor and City Council of the City of San
Bernardino, California, in the capacity as the Successor Agency to the
Redevelopment Agency of the City of San Bernardino, approving the Purchase and
Sale Agreement and Joint Escrow Instructions between the Successor Agency and
Jeannette C. Okada with respect to the real property located at 1256 Wall Avenue,
San Bernardino, California (APN 0146-241-07) and approving certain related
actions.
17. Owner Occupied Rehabilitation Program
Recommendation
It is recommended that the Mayor and the City Council of the City of San
Bernardino, California:
1. Adopt Resolution 2020-137 authorizing the execution of an amendment of a
HOME Investment Partnerships Program Agreement with Neighborhood
Partnership Housing Services to modify loan terms and obligations of the Owner
Occupied Rehabilitation Program.
2. Approve modification of Owner Occupied Rehabilitation Program Loan Terms
and Obligations from a deferred loan to a forgivable loan.
18. Subordination of a Deed of Trust in Connection with 1659 Guthrie Street San
Bernardino, California
Recommendation
Adopt Resolution No. 2020-171 of 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 approving the Subordination
of a Deed of Trust in connection with a refinancing of the Senior Mortgage Relating
to real property located at 1659 Guthrie Street, San Bernardino, California.
19. Authorization to Proceed with an Investigation for the Vacation of an Existing
Alley on Scenic Drive
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize staff to proceed with an investigation and analysis
for the proposed vacation of an existing alley east of Scenic Drive, approximately
600 feet from Inland Center Drive.
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 9 Printed 7/13/2020
20. First Amendment to the Professional Services Agreement with Engineering
Resources of Southern California, Inc. for Sierra Way Storm Drain
Improvements
Recommendation
Adopt Resolution No. 2020-172 of the Mayor and City Council of the City of San
Bernardino, California, approving the First Amendment to Professional Services
Agreement (First Amendment) with Engineering Resources of Southern California,
Inc. (ERSC) in the amount of $7,000, for a total contract compensation amount of
$197,000, to perform services for Sierra Way Storm Drain Improvements ("Project");
and authorize the City Manager or designee to execute the First Amendment.
21. Used Oil Payment Program (OPP11)
Recommendation
Adopt Resolution No. 2020-174 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the submittal of applications for CalRecycle
payment programs and approving related authorizations.
ITEMS TO BE REFERRED TO COMMITTEE
REPORTS ON CONFERENCES/MEETINGS ATTENDED
ADJOURNMENT
The Mayor and City Council and the Mayor and City Council Acti ng as the Successor
Agency to the Redevelopment Agency will adjourn to a Special Meeting on Wednesday,
July 29, 2020 to be held at 201 N “E” Street, 2 nd Floor, Multipurpose Room. The Special
Meeting will begin at 7:45 a.m.
CERTIFICATION OF POSTING AGENDA
I, Genoveva Rocha, CMC, Acting City Clerk for the City of San Bernardino, California,
hereby certify that the revised agenda for the July 15, 2020 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 Monday, July 13, 2020 .
I declare under the penalty of perjury that the foregoing is true and correct.
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Regular Meeting Agenda July 15, 2020
Mayor and City Council of the City of San Bernardino Page 10 Printed 7/13/2020
NOTICE:
The Mayor and City Council and the Mayor and City Cou ncil Acting as the Successor
Agency to the Redevelopment Agency may refer any item raised by the public to staff,
or to any commission, board, bureau, or committee for appropriate action or have the
item placed on the next agenda of the Mayor and City Coun cil 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 Re development Agency
on any item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the
Government Code.
Public comments will not be received on any item o n the agenda when a public hearing
has been conducted and closed.
Page 1
Appointment
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Henry Nickel, Council Member, Ward 5
Subject: Arts and Historical Preservation Commission Appointment
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, approve the
appointment of Ms. Joyce P. Seeger to the Arts and Historical Preservation Commission
by 5th Ward Council Member Henry Nickel. Ms. Seeger will replace Nicholas R.
Cataldo with the term ending December 2020.
Background
The Arts and Historical Preservation Commission was established by Resolution No.
2018-97 on April 4, 2018 and is charged with advising the Mayor, City Council and City
Staff on matters pertaining to the arts, culture, and historic preservation and heritage in
the City. The commission is also charged with serving in an advisory capacity to the
Planning Commission in making recommendations relating to the designation,
preservation and protection of historical properties. Appointees to the commission must
have relevant experience or knowledge of visual, performing, literary, and multi -media
arts, cultural and architectural heritage or other areas which relate to the mission and
purpose of the commission.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
2020-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Joyce P. Seeger to the Arts and Historical
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Preservation Commission representing the 5 th Ward. Ms. Seeger will replace Nicholas
R. Cataldo with the term ending December 2020.
Attachments
Attachment 1 Commission Application - Ms. Joyce P. Seeger
Ward: 5
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Packet Pg. 13 Attachment: MCC.Commission Application - Joyce P. Seeger (Attachment 1) (6818 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 14 Attachment: MCC.Commission Application - Joyce P. Seeger (Attachment 1) (6818 : Arts and Historical Preservation Commission Appointment)
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Packet Pg. 15 Attachment: MCC.Commission Application - Joyce P. Seeger (Attachment 1) (6818 : Arts and Historical Preservation Commission Appointment)
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Appointment
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Henry Nickel, Council Member, Ward 5
Subject: Parks, Recreation and Community Services Commission
Appointment
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, approve the
appointment of Ms. Helen Tran to the Parks, Recreation and Community Services
Commission by 5th Ward Council Member Henry Nickel. Ms. Tran will assume the
position previously held by Brian Davison with the term ending December 2020.
Background
The Parks, Recreation and Community Services Commission was established by
Resolution No. 2018-47 on February 21, 2018 and is charged with advising the M ayor,
City Council and City Staff on matters pertaining to pertaining to parks, recreation, youth
and senior affairs in the City. Appointees to the commission must have relative
experience or knowledge in the area of parks, recreation services, youth and senior
services or other areas which relate to the mission and purpose of the Commission.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor
and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Counc il
member shall nominate one member who shall serve during and for the term of the
nominating Council member, and the Mayor shall nominate two members who shall
serve during and for the term of the Mayor.
2020-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2: Focused, Aligned
Leadership and Unified Community by building a culture that attracts, retains, and
motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the appointment of Ms. Helen Tran to the Parks, Recreation and
Community Services Commission representing the 5th Ward. Ms. Tran will replace
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Brian Davison with the term ending December 2020.
Attachments
Attachment 1 Commission Application - Helen Tran
Ward: 5
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Packet Pg. 18 Attachment: MCC.Commission Application - Helen Tran (Attachment 1) (6819 : Parks, Recreation and Community Services Commission
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Packet Pg. 19 Attachment: MCC.Commission Application - Helen Tran (Attachment 1) (6819 : Parks, Recreation and Community Services Commission
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Packet Pg. 20 Attachment: MCC.Commission Application - Helen Tran (Attachment 1) (6819 : Parks, Recreation and Community Services Commission
Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: 2005 Pension Obligation Bond Restructuring
Recommendation
Adopt Resolution No. 2020-161 of the Mayor and City Council of the City of San
Bernardino, California, approving the issuance of its Taxable Pension Obligation Bonds,
2020 Series A, approving the execution and delivery of a second supplemental trust
agreement, bond purchase, exchange and private placement agreement, approving the
preparation of a private placement memorandum and other actions relating to the
delivery of the bonds.
Background
In October 2005, the City issued $50,401,582.90 in the City of San Bernardino Taxable
Pension Obligation Bonds, 2005 Series A-1 Bonds and 2005 Series A-2 Bonds. The
City issued the bonds to prepay its unfunded actuarial liability related to the City’s
Safety retirement plan. The City defaulted on the bonds beginning in 2013. The City
reached a settlement agreement with the bondholders and the bond insurer which was
confirmed in bankruptcy and became effective June 15, 2017.
The 2005 Series A-1 and A-2 Bonds were initially purchased from the City by Lehman
Brothers pursuant to private placement agreement. Lehman Brothers subsequently
resold the bonds to other institutional investors in the secondary market. As a result,
Commerzbank Finance & Covered Bond S.A. (“Commerzbank”) became the principal
bondholder of the 2005 Series A-1 Bonds. Additionally, Lehman Brothers sold the 2005
Series A-2 Bonds to a different investor and AMBAC Assurance Corporation (“AMBAC”)
became the secondary market guarantor (bond insurer) of the 2005 Series A -2 Bonds.
In exchange for becoming solely responsible for paying debt service on the Series 2005
A-2 Bonds, the bankruptcy court approved an exchange agreement executed June 15,
2017, providing AMBAC with a note in the principal amount of $15,217,703 payable in
semi-annual installments ranging from $195,195 to $375,375 through December 15,
2046. The 2005 Series A-2 Bonds remain outstanding, but are payable by Ambac, and
are not an obligation of the City.
In the exchange agreement executed June 15, 2017, Comm erzbank agreed to also
accept, in exchange for cancelling their 2005 Series A -1 Bonds, a note in the principal
amount of $35,457,296 payable in semi-annual installments ranging from $454,805 to
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$874,625 through December 15, 2046. On December 4, 2019, Prest on Hollow Capital
(“Preston Hollow”) purchased the note payable from Commerzbank and the City
assigned the right to receive the remaining unpaid payments under the Commerzbank
note to Preston Hollow.
As of July 15, 2020, the total remaining payments unde r the AMBAC and Preston
Hollow notes totals $47,687,500 through December 15, 2046.
Earlier this year, Preston Hollow suggested to the City that a restructuring of the notes
might be beneficial to Preston Hollow, AMBAC, and the City. The City’s finance sta ff,
supported by Columbia Capital LLC (the City's municipal advisor) and Best Best &
Krieger LLP (the City's bond counsel), commenced negotiations with Preston Hollow
and AMBAC. Following negotiations, a mutually-agreeable restructuring program was
identified that provided the City with sufficient savings to justify considering action on
the notes.
Discussion
The proposed restructuring program anticipates the issuance of Series 2020 refunding
pension obligation bonds (the “Series 2020 Bonds”) in the amo unt of $19,850,000 to
refund the Preston Hollow and AMBAC notes. Preston Hollow and AMBAC will tender
their respective notes to the City for cancellation in exchange for the Series 2020
Bonds. As bondholders instead of noteholders, both Preston Hollow and AMBAC will
receive principal and interest payments and hold a bond that can be transferred to other
investors, provided that the investors are qualified institutional investors or accredited
investors and the minimum amount of bonds transferred is $100,000 . The proposed
Series 2020 Bonds provide Preston Hollow and AMBAC with liquidity and flexibility that
the current notes do not have.
In exchange for providing added liquidity and flexibility, Preston Hollow and AMBAC
have agreed to accept reduced payments from the City. The Series 2020 Bonds have a
financing structure which provides the majority of the negotiated benefit to the City in
fiscal year 2020/21. The payments otherwise due by the City on December 15, 2020
and June 15, 2021 will be reduced by $968,125, with $933,000 of the savings being
contributed directly by AMBAC and Preston Hollow. Total remaining payments are
expected to be reduced by an additional $131,594 over the remaining bond term.
Annual payments under the proposed Series 2020 Bonds through the 2046 term will be
marginally less than the remaining payments under the existing notes. There is no
extension of the term. The City’s legal obligation to make the Series 2020 Bond
payments will be the same as the obligation under the existing note s. In addition to the
savings of $968,125 in fiscal year 2020/21, the Series 2020 bonds also provide the City
with the option of refunding or refinancing the Series 2020 Bonds beginning in 2029.
Depending on interest rates in 2029, refunding the bonds may produce additional
interest savings for the City. The current notes do not have similar prepayment
provisions that would allow the City to realize future interest savings. See below for a
table comparing the potential future refunding opportunities under v arious restructuring
scenarios.
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Restructuring Scenario Impact on Bond Principal Potential Refunding
Series 2020 Bonds with
higher stated interest rate
Lower principal amount of
bonds issued
Greater opportunity to
realize savings at
refunding
Series 2020 Bonds with
lower stated interest rate
Higher principal amount of
bonds issued
Limited opportunity to
realize savings at
refunding
Current notes N/A - Principal amount
remains unchanged
No opportunity for
refunding
Under the restructuring plan, the City will issue a total of $19,850,000 in Series 2020
taxable Pension Obligation Bonds with a stated interest rate of 6.75% and total net
payments owed by the City of $46,587,781. These bonds will be exchanged for the
AMBAC and Preston Hollow notes, which have remaining payments of $47,687,500, a
total payment reduction of $1,099,719. The payment dates and terms of repayment will
remain unchanged. There is no bond insurance requirement and the City will not be
required to maintain a bond reserve fund. The continuing disclosure obligations required
under the Series 2020 Bonds are limited to the City providing its audited annual
financial statements, which is already a requirement of the California State Controller.
All of the costs of the transaction are paid for by Preston Hollow and AMBAC and the
City will not pay any costs.
2020-2025 Key Strategic Targets and Goals
Approval of the proposed restructuring aligns with Key Target No. 1: Financial Stability
by reducing the total remaining payments under the City’s long-term obligations. In
addition, issuing the Series 2020 Bonds provides the opportunity for the City to realize
further interest savings on the bonds in the future.
Fiscal Impact
The total cost savings for the City is expected to be $1,099,719 over the remaining term
of the bonds, with $968,125 of the savings realized in the current fiscal year. In addition,
the City has an opportunity for further long-term savings when the Series 2020 Bonds
may be refunded or refinanced beginning in 2029. There is no General Fund expense
impact as a result of this action. All costs of issuance, including the costs of the City’s
municipal advisor and bond counsel, will be paid entirely by Preston Hollow and
AMBAC.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-161 approving the restructuring of the existing
notes into the Series 2020 Bonds.
Attachments
Attachment 1 Resolution 2020-161; Exhibit “A”
Attachment 2 Second Supplemental Trust Agreement
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6820
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Attachment 3 Bond Purchase and Exchange Agreement
Attachment 4 Private Placement Memorandum, continuing Disclosure Agreement
Ward: All
Synopsis of Previous Council Actions:
None
5
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Resolution No. 2020-161
RESOLUTION NO. 2020-161
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ISSUANCE OF ITS TAXABLE
PENSION OBLIGATION BONDS, 2020 SERIES A,
APPROVING THE EXECUTION AND DELIVERY OF A
SECOND SUPPLEMENTAL TRUST AGREEMENT, BOND
PURCHASE AND EXCHANGE AGREEMENT,
APPROVING THE PREPARATION OF A PRIVATE
PLACEMENT MEMORANDUM AND OTHER ACTIONS
RELATING TO THE DELIVERY OF THE BONDS
WHEREAS, the City is obligated by the Public Employees’ Retirement Law,
commencing with Section 20000 of the California Government Code, as amended (the
“Retirement Law”), to make payments to the California Public Employees’ Retirement System
(the “System”) relating to pension benefits accruing to the System’s members;
WHEREAS, the City has entered into a contract with the System dated March 1, 1945,
as heretofore and hereafter amended from time to time (the “PERS Contract”), evidencing the
City’s obligation to pay the City’s unfunded accrued actuarial liability;
WHEREAS, the City is authorized pursuant to Articles 10 and 11 (commencing with
Section 53570) of Chapter 3 of Division 2 of Title 5 of the California Government Code (the
“Act”) to issue bonds for the purpose of refunding any evidence of indebtedness of the City;
WHEREAS, in order to refund a portion of the City’s obligations to the System
evidenced by the PERS Contract, the City previously issued its City of San Bernardino Taxable
Pension Obligation Bonds, 2005 Series A-1 (the “2005 Series A-1 Bonds”), and its City of San
Bernardino Taxable Pension Obligation Bonds, 2005 Series A-2 (the “2005 Series A-2 Bonds”
and, together with the 2005 Series A-1 Bonds, the “2005 Series A Bonds”);
WHEREAS, the 2005 Series A Bonds were issued pursuant to the Trust Agreement,
dated as of October 1, 2005 (the “Original Trust Agreement”), by and between the City and the
Trustee (capitalized undefined terms used herein have the meanings ascribed thereto in the
Original Trust Agreement);
WHEREAS, in order to refund and refinance the 2005 Series A Bonds, the City and the
Trustee entered into the First Supplemental Trust Agreement, dated as of June 15, 2017,
amending and supplementing the Original Trust Agreement (as so amended and supplemented,
the “First Supplemented Trust Agreement”);
WHEREAS, pursuant to the First Supplemented Trust Agreement (a) the City issued
additional bonds in the form of two separate notes, the Commerzbank Note and the AMBAC
Note, respectively, and (b) amended the 2005 Series A-2 Bonds to provide that it was non-
recourse to the City and that the City had no further obligations to make any payments on the
2005 Series A-2 Bonds;
5.a
Packet Pg. 25 Attachment: FN. Approving Resolution. ATTACHMENT 1 (6820 : 2005 Pension Obligation Bond Restructuring)
Resolution No. 2020-161
-2-
WHEREAS, the First Supplemented Trust Agreement provides that the City may at any
time issue Additional Bonds (in addition to the 2005 Series A Bonds) on a parity with the 2005
Series A Bonds fo r the purpose of refunding any bonds then o utstanding, and/or for payment of
all costs incidental to or connected with the issuance of additional bonds for such purpose, but
only subject to the conditions set forth therein;
WHEREAS, in order to refund the Commerzbank Note and the AMBAC Note, the City
has determined to issue an additional series of bonds to be designated “City of San Bernardino
Taxable Pension Obligation Bonds, 2020 Series A” (the “2020 Series A Bonds”);
WHEREAS, there has been presented to this meeting the form of Second Supplemental
Trust Agreement, proposed to be entered into by and between the City and Wells Fargo Bank,
National Association, as trustee (the “Trustee”), relating to the 2020Series A Bonds (the “Second
Supplement ”);
WHEREAS, there has been presented to this meeting a form of Bond Purchase and
Exchange Agreement to be entered into by the City, Ambac Assurance Corporation (“Ambac”),
Preston Hollow Capital (“PHC”), and Hilltop Securities, Incorporated (the “Placement Agent”)
whereby the Placement Agent has offered to deliver the 2020 Series A Bonds to Ambac and
PHC, and the City will receive the Ambac Note and the Commerzbank Note, together with cash
consideration, including the payment of all cost s of the City, in exchange for the 2020 Series A
Bonds;
WHEREAS, there has also been presented to this meeting a form of Private Placement
Memorandum relating to the 2020 Series A Bonds (the “Private Placement Memorandum”),
together with a Continuing Disclosure Agreement between the City and Wells Fargo Bank,
National Association, as Dissemination Agent ;
WHEREAS, Section 5852.1 of the Government Code of the State of California (“Section
5852.1”) provides that the City obtain from an underwriter, financial a dvisor or private lender
and disclose, in a meeting open to the public, prior to authorization of the issuance of the 2020
Series A Bonds, good faith estimates of: (a) the true interest cost of the 2020 Series A Bonds, (b)
the finance charge of the 2020 Series A Bonds, meaning the sum of all fees and charges paid to
third parties, (c) the amount of proceeds of the 2020 Series A Bonds received less the finance
charge described above and any reserves or capitalized interest paid or funded with proceeds of
the 2020 Series A Bonds and (d) the sum total of all debt service payments on the 2020 Series A
Bonds calculated to the final maturity of the 2020 Series A Bonds plus the fees and charges paid
to third parties not paid with the proceeds of the 2020 Series A Bonds; and
WHEREAS, in accordance with Section 5852.1, the City has obtained such good faith
estimates from Columbia Capital Management, LLC, the Services District’s municipal advisor
(the “Municipal Advisor”), and such estimates are disclosed in Exhibit A attached hereto; and
WHEREAS, this Council desires to authorize and direct the execution of certain
documents and the issuance of the 2020 Series A Bonds; and
5.a
Packet Pg. 26 Attachment: FN. Approving Resolution. ATTACHMENT 1 (6820 : 2005 Pension Obligation Bond Restructuring)
Resolution No. 2020-161
-3-
WHEREAS, the City has full legal right, power and authority under its Charter, the
Constitution and the laws of the State of California to enter into the transactions hereinafter
authorized;
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) The foregoing recitals are true and correct;
(b) The City has determined that there is no adverse cost to the City and that the
issuance of the 2020 Series A Bonds will allow for future savings to be available to the City.
SECTION 2. Approval of Issuance of the Bonds. The City hereby authorizes and
approves the issuance of the 2020 Series A Bonds under the Act in the aggregate principal
amount not to exceed $19,950,000 for the purpose of exchanging the 2020 Series A Bonds for
the Commerzbank Note and the Ambac Note together with cash consideration. The 2020 Series
A Bonds shall bear interest not to exceed 6.75%. The final maturity date of the 2020 Series A
Bonds shall not be extended beyond the final maturity of the Commerzbank Note and the Ambac
Note, being December 15, 2046, and the annual debt service payable on the 2020 Series A Bonds
shall not exceed the combined annual debt service payable on the Commerzbank Note and
Ambac Note. The Mayor, the Mayor Pro Tem, the City Manager and the Director of Finance, or
Deputy Director of Finance (each an “Authorized Representative”) are authorized and directed to
take all steps and actions which are necessary to accomplish the issuance, sale and delivery of
the 2020 Series A Bonds pursuant to the authorization given by and the co nditions specified in
this resolution. The Mayor or the City Manager and the City Clerk are authorized to execute the
2020 Series A Bonds for and on behalf of the City by their manual or facsimile signatures.
SECTION 3. Approval of Second Supplemental Trust Agreement. The form of the
Second Supplemental Trust Agreement which provides generally for (i) the authentication and
delivery by the Trustee of the 2020 Series A Bonds, (ii) the establishment and administration by
the Trustee of certain funds and accounts for the benefit of the City and the owners of the 2020
Series A Bonds, (iii) the payment by the Trustee of the principal of and interest on the 2020
Series A Bonds, and (iv) the performance of other duties by the Trustee, is approved in the form
provided to the City at the meeting at which this resolution is adopted, and the Authorized
Representatives are each individually authorized to execute and deliver, on behalf of the City,
such Second Supplemental Trust Agreement with respect to the 2020 Series A Bonds.
SECTION 4. Approval of Private Placement Memorandum. The Private Placement
Memorandum is approved, and the Authorized Representatives are each individually authorized
to consent to and assist in the preparation of such modifications thereto as ma y be specified by
Best Best & Krieger LLP, bond counsel to the Services District (“Bond Counsel”), and such
Private Placement Memorandum may be delivered to Ambac and PHC.
SECTION 5. Bond Purchase and Exchange Agreement. The City approves and
authorizes the delivery of the 2020 Series A Bonds to Ambac and PHC through the facilities of
the Placement Agent pursuant to the Bond Purchase and Exchange Agreement among the City,
5.a
Packet Pg. 27 Attachment: FN. Approving Resolution. ATTACHMENT 1 (6820 : 2005 Pension Obligation Bond Restructuring)
Resolution No. 2020-161
-4-
Ambac, PHC and the Placement Agent in the form presented to this meeting, together with any
changes therein or additions thereto which are deemed advisable by the authorized officers upon
consultation with Bond Counsel and the Municipal Advisor. The City approves the acceptance
of the cash consideration to be delivered by the purchaser s of the 2020 Series A Bonds and the
payment of the costs of the City from such cash consideration. Any Authorized Representatives
is hereby authorized and directed to execute, acknowledge and deliver said agreement on behalf
of City in the form hereby approved with such changes therein as the officer executing the same
may approve, such approval to be conclusively evidenced by the execution and delivery thereof.
SECTION 6. Continuing Disclosure Agreement . The agreement entitled “Continuing
Disclosure Agreement” relating to the 2020 Series A Bonds to be executed by City and the
Dissemination Agent in connection with the issuance of the 2020 Series A Bonds, is hereby
approved and any Authorized Representatives authorized and directed to execute, acknowledg e
and deliver said agreement on behalf of City in the form hereby approved with such changes
therein as the officer executing the same may approve, such approval to be conclusively
evidenced by the execution and delivery thereof.
SECTION 7. Further Action. The Authorized Representatives are authorized to take any
and all action with respect to the execution and delivery of the Second Supplemental Trust
Agreements, the Bond Purchase and Exchange Agreement and the issuance, sale and delivery of
the Bonds, which in the opinion of Bond Counsel is necessary in order for the authorization and
direction provided in this resolution to be carried out.
SECTION 8. California Environmental Quality Act . 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 9. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 10. Effective Date. This Resolution shall become effective immediately.
5.a
Packet Pg. 28 Attachment: FN. Approving Resolution. ATTACHMENT 1 (6820 : 2005 Pension Obligation Bond Restructuring)
Resolution No. 2020-161
-5-
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 15th day of July, 2020.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho , City Attorney
5.a
Packet Pg. 29 Attachment: FN. Approving Resolution. ATTACHMENT 1 (6820 : 2005 Pension Obligation Bond Restructuring)
Resolution No. 2020-161
-6-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the 15th day of July,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2020.
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
5.a
Packet Pg. 30 Attachment: FN. Approving Resolution. ATTACHMENT 1 (6820 : 2005 Pension Obligation Bond Restructuring)
EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the 2020 Series A
Bonds in accordance with California Government Code Section 5852.1. Such good faith
estimates have been provided to the City by the Municipal Advisor.
Principal Amount. The Municipal Advisor has informed the City that, based on the City’s
financing plan and current market conditions, its good faith estimate of the aggregate principal
amount of the 2020 Series A Bonds to be sold is $19,850,000 (the “Estimated Principal
Amount”).
True Interest Cost of the 2020 Series A Bonds. The Municipal Advisor has informed the
City that, assuming that the Estimated Principal Amount of the 2020 Series A Bonds is sold, and
based on market interest rates prevailing at the time of preparation of such estimate, their good
faith estimate of the true interest cost of the 2020 Series A Bonds, which means the rate
necessary to discount the amounts payable on the respective principal and interest payment dates
to the purchase price received for the 2020 Series A Bonds, is 7.03%.
Finance Charge of the 2020 Series A Bonds. The Municipal Advisor has informed the
City that, assuming that the Estimated Principal Amount of the 2020 Series A Bonds is sold, and
based on market interest rates prevailing at the time of preparation of such estimate, their good
faith estimate of the finance charge for the 2020 Series A Bonds, which means the sum of all
fees and charges paid to third parties (or costs associated with t he 2020 Series A Bonds), is
$300,000.
Amount of Proceeds to be Received. The Municipal Advisor has informed the City that,
assuming that the Estimated Principal Amount of the 2020 Series A Bonds is sold, and based on
market interest rates prevailing at the time of preparation of such estimate, their good faith
estimate of the amount of proceeds expected to be received by the City for sale of the 2020
Series A Bonds, less the finance charge of the 2020 Series A Bonds, as estimated above, and any
reserves or capitalized interest paid or funded with proceeds of the 2020 Series A Bonds, is
$19,095,931. The City will receive $933,000 in bond proceeds net of finance charges. The
balance of Proceeds to be Received will be exchanged for $47,687,500 in principal outstanding
on the 2017 Ambac and Commerzbank Notes. The Ambac and Commerzbank Notes have no
bond interest component.
Total Payment Amount. The Municipal Advisor has informed the City that, assuming that
the Estimated Principal Amount of the 2020 Series A Bo nds is sold, and based on market interest
rates prevailing at the time of preparation of such estimate, their good faith estimate of the total
payment amount, which means the sum total of all payments the City will make to pay debt
service on the 2020 Series A Bonds, plus the finance charge for the 2020 Series A Bonds, as
described above, not paid with the proceeds of the 2020 Series A Bonds, calculated to the final
maturity of the 2020 Series A Bonds, is $46,587,781, which excludes any reserves or capitalized
interest paid or funded with proceeds of the 2020 Series A Bonds (which may offset such total
payment amount).
5.b
Packet Pg. 31 Attachment: FN. Approving Resolution. EXHIBIT A (6820 : 2005 Pension Obligation Bond Restructuring)
The foregoing estimates constitute good faith estimates only as of July 15, 2020, and are
based on market conditions prevailing at the time of preparation of such estimates. The actual
principal amount of the 2020 Series A Bonds issued and sold, the true interest cost thereof, the
finance charges thereof, the amount of proceeds received therefrom and total payment amount
with respect thereto may differ from such good faith estimates due to (a) the actual date of the
sale of the 2020 Series A Bonds being different than the date assumed for purposes of such
estimates, (b) the actual principal amount of 2020 Series A Bonds sold being different fro m the
Estimated Principal Amount, (c) the actual amortization of the 2020 Series A Bonds being
different than the amortization assumed for purposes of such estimates, (d) the actual market
interest rates at the time of sale of the 2020 Series A Bonds being different than those estimated
for purposes of such estimates, (e) other market conditions, or (f) alterations in the City’s
financing plan, or a combination of such factors. The actual date of sale of the 2020 Series A
Bonds and the actual principal amount of the 2020 Series A Bonds sold will be determined by
the City based on the timing of the need for proceeds of the 2020 Series A Bonds and other
factors. The actual interest rates borne by the 2020 Series A Bonds will depend on market
interest rates at the time of sale thereof. The actual amortization of the 2020 Series A Bonds will
also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are
affected by economic, national, international and other factors beyond t he control of the City, or
the Municipal Advisor.
5.b
Packet Pg. 32 Attachment: FN. Approving Resolution. EXHIBIT A (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4
SECOND SUPPLEMENTAL TRUST AGREEMENT
between
CITY OF SAN BERNARDINO
and
WELLS FARGO BANK, NATIONAL ASSOCIATION,
as Trustee
Dated as of July 15, 2020
Relating to
CITY OF SAN BERNARDINO
TAXABLE PENSION OBLIGATION BONDS
Issuance of
$________
2020 Series A Bonds
Supplementing the Trust Agreement
Dated as of October 1, 2005, as
Amended and Supplemented by that
First Supplemental Trust Agreement,
dated as of June 15, 2017
5.c
Packet Pg. 33 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
TABLE OF CONTENTS
Page
55600.00909\32986486.4 -i-
ARTICLE XI
DEFINITIONS; ADDITIONAL DEFINITIONS
Section 11.01. Definitions ....................................................................................................2
Section 11.02. Additional Definitions ...................................................................................2
ARTICLE XII
AUTHORIZATION OF 2020 SERIES A BONDS
Section 12.01. Principal Amount, Designation and Series .....................................................4
Section 12.02. Purpose and Application of Proceeds .............................................................4
ARTICLE XIII
FORM AND TERM OF 2020 SERIES A BONDS
Section 13.01. Form, Denomination, Numbers and Letters ...................................................5
Section 13.02. Date, Maturities and Interest Rates ................................................................5
ARTICLE XIV
REDEMPTION OF 2020 SERIES A BONDS
Section 14.01. Redemption of 2020 Series A Bonds .............................................................9
Section 14.02. Purchase In Lieu of Redemption .................................................................. 10
Section 14.03. Notice of Redemption; Rescission ............................................................... 10
ARTICLE XV
SPECIFIC AMENDMENTS
Section 15.01. Amendment of Section 2.06(a) of the Trust Agreement ............................... 11
Section 15.02. Amendment of Section 5.01 of the Trust Agreement ................................... 11
Section 15.03. Amendment of Section 5.05 of the Trust Agreement ................................... 11
Section 15.04. Amendment of Section 5.06 of the Trust Agreement ................................... 11
Section 15.05. Amendment of Section 6.01 of the First Supplement al Trust
Agreement................................................................................................... 11
Section 15.06. Amendment of Section 6.03 of the Trust Agreement ................................... 11
Section 15.07. Amendment of Section 7.01 of the First Supplemental Trust
Agreement................................................................................................... 11
Section 15.08. Amendment of Section 8.07 of the Trust Agreement ................................... 12
Section 15.09. Amendment of Section 8.01 of the First Supplemental Trust
Agreement................................................................................................... 12
ARTICLE XVI
MISCELLANEOUS
Section 16.01. Terms of 2020 Series A Bonds Subject to the Trust Agreement ................... 12
5.c
Packet Pg. 34 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
TABLE OF CONTENTS
(continued)
Page
55600.00909\32986486.4 -ii-
Section 16.02. Effective Date of Second Supplemental Trust Agreement ............................ 12
Section 16.03. Execution in Counterparts ........................................................................... 12
EXHIBIT A – FORM OF 2020 SERIES A-1 AND A-2 BONDS .......................................... A-1
5.c
Packet Pg. 35 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4
SECOND SUPPLEMENTAL TRUST AGREEMENT
THIS SECOND SUPPLEMENTAL TRUST AGREEMENT, dated as of July 15, 2020
(this “Supplemental Trust Agreement ”), between the CITY OF SAN BERNARDINO, a charter
city duly established and existing under its charter and the laws of the State of California (the
“Local Agency”) and WELLS FARGO BANK, NATIONAL ASSOCIATION, a national
banking association duly organized and existing under and by virtue of the laws of the United
States of America, as trustee (the “Trustee”):
WITNESSETH:
WHEREAS, the Local Agency is obligated by the Public Employees ’ Retirement Law,
commencing with Section 20000 of the California Government Code, as amended (the
“Retirement Law”), to make payments to the California Public Employees’ Retirement System
(the “System”) relating to pension benefits accruing to the System’s members;
WHEREAS, the Local Agency has entered into a contract with the System dated
March 1, 1945, as heretofore and hereafter amended from time to time (the “PERS Contract”),
evidencing the Local Agency’s obligation to pay the Local Agency’s unfunded accrued actuarial
liability;
WHEREAS, the Local Agency is authorized pursuant to Articles 10 and 11
(commencing with Section 53570) of Chapter 3 of Division 2 of Title 5 of the California
Government Code (the “Act”) to issue bonds for the purpose of refunding any evidence of
indebtedness of the Local Agency;
WHEREAS, in order to refund a portion of the Local Agency’s obligations to the
System evidenced by the PERS Contract, the Local Agency previously issued its City of San
Bernardino Taxable Pension Obligation Bonds, 2005 Series A-1 (the “2005 Series A-1 Bonds”),
and its City of San Bernardino Taxable Pension Obligation Bonds, 2005 Series A-2 (the “2005
Series A-2 Bonds” and, together with the 2005 Series A-1 Bonds, the “2005 Series A Bonds”);
WHEREAS, the 2005 Series A Bonds were issued pursuant to the Trust Agreement,
dated as of October 1, 2005 (the “Original Trust Agreement”), by and between the Local Agency
and the Trustee;
WHEREAS, in order to refund and refinance the 2005 Series A Bonds, the Local
Agency and the Trustee entered into the First Supplemental Trust Agreement, dated as of June
15, 2017, amending and supplementing the Original Tr ust Agreement (as so amended and
supplemented, the “First Supplemented Trust Agreement”) (capitalized undefined terms used in
these recitals have the meanings ascribed thereto in the First Supplemented Trust Agreement);
WHEREAS, pursuant to the First Supplemented Trust Agreement (a) the Local Agency
issued Additional Bonds in the form of two separate notes, the Commerzbank Note and the
AMBAC Note, respectively, and (b) amended the 2005 Series A-2 Bonds to provide that they
were non-recourse to the Local Agency and that the Local Agency had no further obligations to
make any payments on the 2005 Series A-2 Bonds;
5.c
Packet Pg. 36 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4 2
WHEREAS, the First Supplemented Trust Agreement provides that the Local Agency
may at any time issue Additional Bonds (in addition to the 2005 Series A Bonds) on a parity with
the 2005 Series A Bonds for the purpose of refunding any Bonds then Outstanding, and/or for
payment of all costs incidental to or connected with the issuance of Additional Bonds for such
purpose, but only subject to the conditions set forth therein;
WHEREAS, in order to refund the Commerzbank Note and the AMBAC Note, the Local
Agency has determined to issue an additional Series of Bonds to be designated “City of San
Bernardino Taxable Pension Obligat ion Bonds, 2020 Series A” (the “2020 Series A Bonds”);
WHEREAS, the Local Agency hereby determines that the provisions of the Trust
Agreement relating to the issuance of the 2020 Series A Bonds have been complied with;
WHEREAS, in order to provide for the authentication and delivery of the 2020 Series A
Bonds, to establish and declare the terms and conditions upon which the 2020 Series A Bonds
are to be issued and to secure the payment of the principal thereof and interest thereon, the Local
Agency has authorized the execution and delivery of this Second Supplemental Trust
Agreement; and
NOW, THEREFORE, the Local Agency and the Trustee do hereby agree that the First
Supplemented Trust Agreement is hereby amended by adding thereto additional Articles XI, XII,
XIII, XIV, XV and XVI as follows:
ARTICLE XI
DEFINITIONS; ADDITIONAL DEFINITIONS
Section 11.01. Definitions. Unless otherwise specifically provided herein to the
contrary or unless the context otherwise requires, all capitalized terms used and not otherwise
defined herein shall have the meanings assigned to such terms in Section 1.01 of the Trust
Agreement .
Section 11.02. Additional Definitions. Unless the context otherwise requires, the
following terms shall, for all purposes of this Trust Agreement, have the following meanings:
Accredited Investor means an “accredited investor” as defined in Section 501(a) of
Regulation D promulgated under the Securities Act.
Authorized Denominations means, with respect to the 2020 Series A Bonds, $100,000
and any integral multiple of $1,000 in excess thereof.
Continuing Disclosure Agreement means the Continuing Disclosure Agreement dated
as of July 15, 2020, by and between the Local Agency and U.S. Bank National Association, as
Dissemination Agent, as originally executed and as it may be amended from time to t ime in
accordance with the terms thereof.
EMMA means the Electronic Municipal Market Access System of the Municipal
Securities Rulemaking Board; and, in accordance with then current guidelines of the Securities
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and Exchange Commission, such other addresses and/or such other services providing
information with respect to called bonds as the Local Agency may designate in a certificate of
the Local Agency delivered to the Trustee.
Interest Payment Date means, with respect to the 2020 Series A Bonds, June 15 and
December 15, commencing December 15, 2020.
Issue Date means, with respect to the 2020 Series A Bonds, ___________, 2020.
Qualified Institutional Buyer means a “qualified institutional buyer” within the
meaning of Rule 144A promulgated under the Securities Act.
Record Date means, with respect to any Interest Payment Date for any 2020 Series A
Bond, the first (1st) day (whether or not a Business Day) of the month in which such Interest
Payment Date occurs.
Redemption Date means the date fixed for redemption of 2020 Series A Bonds subject
to redemption in any notice of redemption given in accordance with the terms of the Trust
Agreement and pursuant to Article XIV hereof.
Representation Letter means the representation letter dated the Closing Date from the
Local Agency and the Trustee to The Depository Trust Company.
Second Supplemental Trust Agreement means the Second Supplemental Trust
Agreement , dated as of July 15, 2020, between the Local Agency and the Trustee.
Securities Act means the Securities Act of 1933, as amended, and the rules, regulations
and published interpretations of the Securities and Exchange Commission promulgated
thereunder from time to time.
Securities Depository means The Depository Trust Company, 711 Stewart Avenue,
Garden City, New York 11530, Fax (516) 227-4039 or 4190; and, in accordance with then
current guidelines of the Securities and Exchange Commission, such other addresses and/or such
other securities depositorie s as the Local Agency may designate in a certificate of the Local
Agency delivered to the Trustee.
2020 Placement Agent means Hilltop Securities, Inc.
2020 Series A Bonds shall mean the City of San Bernardino Taxable Pension Obligation
Bonds, 2020 Series A, authorized by Article XII of this Trust Agreement.
2020 Series A Bond Purchase Agreement means that certain Bond Purchase, Exchange
and Placement Agreement, dated ________, 2020, among the Local Agency, Ambac Assurance
Corporation, and Presto n Hollow Capital, LLC, and the 2020 Placement Agent .
2020 Series A-1 Bonds means the $______________ aggregate principal amount of
2020 Series A Bonds designated as such.
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2020 Series A-2 Bonds means the $______________ aggregate principal amount of
2020 Series A Bonds designated as such.
2020 Series A Closing Date means July 24, 2020.
2020 Series A-1 Purchaser means Preston Hollow Capital, LLC.
2020 Series A-2 Purchaser means Ambac Assurance Corporation.
ARTICLE XII
AUTHORIZATION OF 2020 SERIES A BONDS
Section 12.01. Principal Amount, Designation and Series. Pursuant to the provisions
of the Trust Agreement and the provisions of the Act, a Series of Bonds entitled to the benefit,
protection and security of such provisions is hereby authorized in the aggregate principal amount
of $_____________. The Bonds shall be designated as, and shall be distinguished from the
Bonds of all other Series by the title, “City of San Bernardino Taxable Pension Obligation
Bonds, 2020 Series A.” The 2020 Series A Bonds shall be delivered as two separ ate sub-series,
being the “2020 Series A-1 Bonds” and the “2020 Series A-2 Bonds” and each bond shall share
equal rights to payment and remedies hereunder.
At any time after the execution and delivery of the Supplemental Trust Agreement, the
Local Agency may execute and, upon the order of the Local Agency, the Trustee shall
authenticate and deliver the 2020 Series A Bonds.
Section 12.02. Purpose and Application of Proceeds. The 2020 Series A Bonds are
issued for the purpose of exchanging and refunding the Commerzbank Note and the Ambac
Note, and to pay costs of issuing the 2020 Series A Bonds. As provided in the 2020 Series A
Bonds Purchase Agreement, the consideration provided to the City by the 2020 Series A
Purchaser for the purchase of the 2020 Series A Bonds is (a) t he surrender of the Commerzbank
Note, (b) the surrender of the Ambac Note, and (c) the amount of $________ in cash. On the
2020 Series A Closing Date, the cash consideration from the purchase and exchange of the 2020
Series A Bonds shall be deposited with the Trustee, and shall be held in trust and set aside or
transferred by the Trustee as follows:
(a) $_____________ of such cash consideration shall be deposited into the
Interest Account of the Bond Fund and applied to pay interest due on the 2020 Series A
Bonds in accordance with Section 4.02 of the Trust Agreement; and
(b) $_________ of such cash consideration shall be deposited in the Costs of
Issuance Fund and applied in accordance with Section 2.11(c) of the Trust Agreement .
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ARTICLE XIII
FORM AND TERM OF 2020 SERIES A BONDS
Section 13.01. Form, Denomination, Numbers and Letters. The 2020 Series A Bonds
shall be issued as fully registered bonds without coupons in book-entry form and in Authorized
Denominations and shall be numbered from one upward in consecutive numerical order prece ded
by the letter “R” prefixed to the number. The 2020 Series A Bonds and the certificate of
authentication shall be substantially in the form attached hereto as Exhibit A, which form is
hereby approved and adopted as the form of the 2020 Series A Bonds and as the form of the
certificate of authentication, with maturity dates and interest rates to be inserted therein in
accordance with the provisions set forth in this Article XIII.
Section 13.02. Date, Maturities and Interest Rates. (a) The 2020 Series A Bonds shall
be dated as of June 15, 2020. The 2020 Series A Bonds shall be issued in the aggregate principal
amount of $____________, shall mature on December 15, 2046, and shall bear interest thereon
(computed on the basis of a 360-day year of twelve (12) 30-day months) at the interest rate of
___%. The 2020 Series A-1 Bonds shall be issued in the aggregate principal amount of
$___________ and the 2020 Series A-2 Bond shall be issued in the aggregate principal amount
of $_________.
(b) The principal of, premium, if any, and interest on the 2020 Series A Bonds
shall be payable in lawful money of the United States of America. The interest payable
on 2020 Series A Bonds shall be payable on each Interest Payment Date by check mailed
by first class mail on such Interest Payment Dates by the Trustee to the respective Holder
thereof as shown in the books required to be kept by the Trustee at the close of business
as of each Record Date, whether or not such day is a Business Day (except that in the
case of a Holder of one million dollars ($1,000,000) or more in aggregate principal
amount of Outstanding 2020 Series A Bonds, or in the case of a single Holder of all 2020
Series A Bonds then Outstanding, such payment may, at such Holder ’s option, be made
by wire transfer of immediately available funds in accordance with written instructions
provided by such Holder to the Trustee prior to the Record Date for such Interest
Payment Date), whether or not such day is a Business Day, and the pr incipal of the 2020
Series A Bonds shall be payab le on their respective maturity date or on prepayment prior
thereto upon surrender thereof by the respective Holders thereof at the Corporate Trust
Office of the Trustee. The Trustee may treat the Holder of any 2020 Series A Bonds as
the absolute Holder o f such 2020 Series A Bonds for all purposes, whether or not such
2020 Series A Bonds shall be overdue, and the Trustee shall not be affected by any
knowledge or notice to the contrary; and payment of the principal of, interest on such
2020 Series A Bonds shall be made only to such Holder as above provided, which
payments shall be valid and effectual to satisfy and discharge the liability evidenced and
represented by such 2020 Series A Bonds to the extent of the sum or sums so paid. All
2020 Series A Bonds paid pursuant to the provisions of this section shall be cancelled
pursuant to the Trust Agreement.
The 2020 Series A Bonds shall bear interest from June 15, 2020, and if interest
has not been paid when due with respect to any Outstanding 2020 Series A Bonds,
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interest shall be payable from the Interest Payment Date to which interest has been paid
or made available for payment with respect to the Outstanding 2020 Series A Bonds.
Interest on the 2020 Series A Bonds shall be payable from the Interest Payment Date next
preceding the date of issuance thereof, unless such date of execution is on or after the
Record Date and on or prior to such Interest Payment Date, in which case it is payable
from such Interest Payment Date, or unless the date of execution is prior to December 15,
2020, in which case interest is payable from June 15, 2020.
The 2020 Series A Bonds shall be initially issued in the form of a single, fully
registered 2020 Series A Bond for each sub-series and maturity (which may be
typewritten). Except as hereinafter provided, all 2020 Series A Bonds shall be registered
in the name of the nominee of the Securities Depository, as determined from time to time
pursuant to this Section (the “Nominee”).
With respect to the 2020 Series A Bonds registered in the name of the Nominee,
neither the Local Agency nor the Trustee shall have any responsibility or obligation to
any broker dealers, banks and other financial institutions from time to time for which the
Securities Depository holds 2020 Series A Bonds as securities depository (a
“Participant”) or to any person on behalf of which such a Participant holds an interest in
the 2020 Series A Bonds. Without limiting the immediately preceding sentence, neither
the Local Agency nor the Trustee shall have any responsibility, liability or obligation
whatsoever with respect to (i) the accuracy of the records of the Securities Depository,
the Nominee, or any Participant with respect to any ownership interest in the 2020 Series
A Bonds, (ii) the delivery to any Participant or any other person, other than a Holder of a
2020 Series A Bond as shown in the registration books, of any notice with respect to the
2020 Series A Bonds, including any notice of redemption, (iii) the selection by the
Securities Depository and its Participants of the beneficial interests in the 2020 Series A
Bonds to be redeemed in the event the Local Agency redeems the 2020 Series A Bonds in
part, or (iv) the payment to any Participant or any other person, other than a Holder of a
2020 Series A Bond as shown in the registration books, of any amount with respect to
principal of or interest on the 2020 Series A Bonds. The Local Agency and the Trustee
may treat and consider conclusively the person in whose name each 2020 Series A Bond
is registered as the holder and absolute owner of such 2020 Series A Bond for the
purpose of payment of principal and interest with respect to such 2020 Series A Bond, for
the purpose of giving notices of redemption, if applicable, and other matters with respect
to such Bond, for the purpose of registering transfers with respect to such 2020 Series A
Bond, and for all other purposes whatsoever. The Local Agency shall pay all principal of
and interest on the 2020 Series A Bonds only to or upon the order of the Holder of a 20 20
Series A Bond, as shown in the registration books, or his or her attorney duly authorized
in writing, and all such payments shall be valid and effective to fully satisfy and
discharge the Local Agency’s obligations with respect to payment of principal o f and
interest on the 2020 Series A Bonds to the extent of the sum or sums so paid. No person
other than a Holder of a 2020 Series A Bond, as shown in the registration books, shall
receive a 2020 Series A Bond evidencing the obligation of the Local Agency to make
payments of principal and interest pursuant to this Trust Agreement. Upon delivery by
the Securities Depository to the Holders of the 2020 Series A Bonds, and the Local
Agency of written notice to the effect that the Securities Depository has deter mined to
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substitute a new nominee in place of the Nominee, and subject to the provisions herein
with respect to Record Dates, the word Nominee in this Trust Agreement shall refer to
such nominee of the Securities Depository.
In the event (i) the Securities Depository determines not to continue to act as
securities depository for the 2020 Series A Bonds, or (ii) the Securities Depository shall
no longer so act and gives notice to the Local Agency of such determination, then the
Local Agency will discontinue the book entry system with the Securities Depository. If
the Local Agency determines to replace the Securities Depository with another qualified
securities depository, the Local Agency shall prepare or direct the preparation of a new,
single, separate, fully registered 2020 Series A Bond of such sub-series, per maturity,
registered in the name of such successor or substitute qualified securities depository or its
nominee. If the Local Agency fails to identify another qualified securities depository to
replace the Securities Depository, then the 2020 Series A Bonds shall no longer be
restricted to being registered in the registration books in the name of the Nominee, but
shall be registered in whatever name or names Holders of the 2020 Series A Bonds
transferring or exchanging Bonds shall designate, in accordance with the provisions of
Sections 2.06 and 2.07 of the Trust Agreement, and the Local Agency shall prepare and
deliver 2020 Series A Bonds to the Holders thereof for such purpose.
In the event of a reduction in aggregate principal amount of 2020 Series A Bonds
Outstanding or an advance refunding of part of the Bonds Outstanding, the Securities
Depository, in its discretion, (a) may request the Local Agency to prepare and issue a
new 2020 Series A Bond or (b) may make an appropriate notation on a 2020 Series A
Bond indicating the date and amounts of such reduction in principal, but in such event the
records maintained by the Trustee shall be conclusive as to what amounts are
Outstanding with respect to the 2020 Series A Bonds.
Notwithstanding any other provision of this Trust Agreement to the contrary, so
long as any of the 2020 Series A Bonds is registered in the name of the Nominee, all
payments of principal and interest with respect to such 2020 Series A Bonds and all
notices with respect to such 2020 Series A Bonds shall be made and given, respectively,
as provided in the Representation Letter or as otherwise instructed by the Securities
Depository and acceptable to the Local Agency.
The initial Nominee shall be Cede & Co., as Nominee of DTC.
(c) Transfer and Exchange of 2020 Series A Bonds. (i) Transfer. Any 2020
Series A Bond and subseries thereof may, in accordance with its terms, be transferred in
the books required to be kept pursuant to the provisio ns of Section 2.08 of the Original
Trust Agreement by the person in whose name it is registered, in person or by his duly
authorized attorney, upon surrender of such 2020 Series A Bond and subseries thereof for
cancellation at the Corporate Trustee Office of the Trustee, accompanied by delivery of a
duly executed written instrument of transfer in a form acceptable to the Trustee.
Whenever any 2020 Series A Bond and subseries thereof shall be surrendered for
transfer, the Local Agency shall execute and the T rustee shall authenticate and deliver to
the transferee a new Bond of the same series and subseries and maturity for a like
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aggregate principal amount. The cost of printing 2020 Series A Bonds and any services
rendered or expenses incurred by the Trustee in connection with any transfer shall be paid
by the Local Agency. The Trustee shall require the payment by the Holder requesting
such transfer of any tax or other governmental charge required to be paid with respect to
such transfer as a condition precedent to the exercise of such privilege. The Local
Agency and the Trustee may deem and treat the registered owner of any 2020 Series A
Bond as the absolute owner of such 2020 Series A Bond for the purpose of receiving
payment thereof and for all other purposes, whether such 2020 Series A Bonds shall be
overdue or not, and neither the Local Agency nor the Trustee shall be affected by any
notice or knowledge to the contrary; and payment of the interest on and principal of and
redemption premium, if any, on such 2020 Series A Bonds shall be made only to such
registered owner, which payments shall be valid and effectual to satisfy and discharge
liability on such 2020 Series A Bonds to the extent of the sum or sums so paid.
(ii) Exchange. 2020 Series A Bonds may be exchanged at the Corporate
Trust Office of the Trustee for a like aggregate principal amount of 2020 Series A
Bonds of the same series and subseries and maturity of Authorized
Denominations. The cost of printing 2020 Series A Bonds and any services
rendered or expenses incurred by the Trustee in connection with any exchange
shall be paid by the Local Agency. The Trustee shall require the payment by the
Holder requesting such exchange of any tax or other governmental charge
required to be paid with respect to such exchange as a condition precedent to the
exercise of such privilege. The Trustee shall not be required to exchange any 2020
Series A Bond which has been selected for redemption in whole or in part, from
and after the day of mailing of a notice of redemption of such Bond selected for
redemption in whole or in part as provided in Section 14.01.
(iii) The Trustee shall not be required to register the transfer of or
exchange any 2020 Series A Bond which has been selected for redemption in
whole or in part, from and after the day of mailing of a notice of redemption of
such 2020 Series A Bond selected for redemption in whole or in part as provided
in Section 14.01.
(d) Restrictions on Transfer of 2020 Series A Bonds.
The 2020 Series A Bonds may be transferred only to a Person that is either (i) a
Qualified Institutional Buyer, or (ii) an Accredited Investor. Each Person to whom
ownership of a 2020 Series A Bond is so transferred shall be deemed by the acceptance
of such ownership to have agreed to be bound by such provisions of the provisions of this
subsection.
(e) Each 2020 Series A Bond issued hereunder will contain the following
legend:
BY POSSESSION OF THIS BOND, THE HOLDER CERTIFIES THAT IT IS A
QUALIFIED INSTITUTIONAL BUYER AS DEFINED IN RULE 144A(a)(1) UNDER
THE SECURITIES ACT OF 1993, AS AMENDED OR AN ACCREDITED
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INVESTOR AS DEFINED IN SECTION 501(A) OF REGULATION D
PROMULGATED UNDER THE SECURITIES ACT . THE HOLDER HEREOF, BY
THE ACCEPTANCE OF THIS BOND, ACKNOWLEDGES THAT THIS BOND MAY
ONLY BE REGISTERED IN THE NAME OF, OR TRANSFERRED TO A
QUALIFIED INSTITUTIONAL BUYER OR AN ACCREDITED INVESTOR IN A
MINIMUM DENOMINATION OF $100,000 AGGREGATE PRINCIPAL AMOUNT.
ARTICLE XIV
REDEMPTION OF 2020 SERIES A BONDS
Section 14.01. Redemption of 2020 Series A Bonds.
(a) Optional Redemption. 2020 Series A Bonds are subject to redemption in
whole or in part at the option of the Local Agency on June 15, 2029 or any date thereafter
at a redemption price equal to 100% of the principal amount thereof together with interest
accrued with respect thereto to the date fixed for redemption, without premium.
(b) Mandatory Sinking Fund Redemption. (i) The 2020 Series A-1 Bonds are
subject to mandatory sinking fund redemption prior to maturity, in part, on June 15 and
December 15 of each year commencing June 15, 2021, and on each December 15 and
June 15 thereafter to maturity by lot, from sinking fund payments at a redemption price
equal to the principal amount of such 2020 Series A-1 Bonds to be redeemed, together
with accrued interest to the dat e of redemption, without premium, as follows:
2020 Series A-1 Bond
Redemption Date Sinking Fund Payment
(ii) The 2020 Series A-2 Bonds are subject to mandatory sinking fund
redemption prior to maturity, in part, on June 15 and December 15 of each year
commencing June 15, 2021, and on each December 15 and June 15 thereafter to maturity
by lot, from sinking fund payments at a redemption price equal to the principal amount of
such 2020 Series A-2 Bonds to be redeemed, together with accrued interest to the date of
redemption, without premium, as follows:
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2020 Series A-2 Bond
Redemption Date Sinking Fund Payment
(iii) The amounts in each of the foregoing schedules shall be reduced as
described below as a result of any prior or partial redemption of the 2020 Series A Bonds
pursuant to subsection (a) of this section.
(c) Selection of Bonds for Optional Redemption. If less than all 2020 Series A
Bonds of any maturity are to be redeemed at any one time, t he Trustee shall select the
among the 2020 Series A-1 Bonds and the 2020 Series A-2 Bonds to be redeemed pro-
rata among sub-series. For purposes of such selection, 2020 Series A Bonds of any sub-
series shall be deemed to be composed of multiples of minimum Authorized
Denominations and any such multiple may be separately redeemed.
Section 14.02. Purchase In Lieu of Redemption. The Local Agency reserves the right
at all times to purchase any of its 2020 Series A Bonds on the open market. In lieu of mandatory
redemption, t he Local Agency may surrender to the Trustee for cancellation 2020 Series A
Bonds purchased on the open market, and the 2020 Series A Bonds shall be cancelled by the
Trustee.
Section 14.03. Notice of Redemption; Rescission. Notice of redemption of 2020 Series
A Bonds shall be mailed by first -class mail by the Trustee, not less than thirty (30) nor more than
sixty (60) days prior to the redemption date to the respective Holders of the 2020 Series A Bonds
designated for redemption at their addresses appearing on t he registration books of the Trustee.
Each notice of redemption shall state the date of such notice, the redemption price, if any,
(including the name and appropriate address of the Trustee), the CUSIP and ISIN numbers (if
any) of the sub-series and maturity or maturities, and, if less than all of any such sub-series or
maturity is to be redeemed, the distinctive certificate numbers of the 2020 Series A Bonds of
such sub-series and maturity, to be redeemed and, in the case of 2020 Series A Bonds to be
redeemed in part only, the respective portions of the principal amount thereof to be redeemed.
Each such notice shall also state that on said date there will become due and payable on each of
said Bonds the redemption price, if any, thereof and in the case of a 2020 Series A Bond to be
redeemed in part only, the specified portion of the principal amount thereof to be redeemed,
together with interest accrued thereon to the redemption date, and that from and after such
redemption date interest thereon shall cease to accrue, and shall require that such 2020 Series A
Bonds be then surrendered at the address of the Trustee specified in the redemption notice.
Failure to receive such notice or any defect therein shall not invalidate any of the proceedings
taken in connection with such redemption. With respect to the optional redemption of the 2020
Series A Bonds the Local Agency may instruct the Trustee to include a statement in the notice of
such redemption which shall state that such redemption is conditioned upon the receipt by the
Trustee on or before the date fixed for such redemption of sufficient funds for such purpose. In
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the event that sufficient funds shall not have been deposited with the Trustee on or before the
date fixed for redemption, the Trustee shall promptly notify the Holders in the same manner in
which notice was sent that such redemption is cancelled and the notice thereof shall be deemed
to be cancelled and rescinded. Any such rescission shall not constitute an Event of Default
hereunder. Additio nally, each notice of redemption with respect to 2020 Series A Bonds shall be
mailed or delivered by Electronic Means via EMMA by the Trustee not less than twenty (20)
days prior to the date fixed for redemption.
ARTICLE XV
SPECIFIC AMENDMENTS
Section 15.01. Amendment of Sectio n 2.06(a) of the Trust Agreement . Section
2.06(a) of the Trust Agreement is hereby amended and restated to read in full as set forth in the
Original Trust Agreement.
Section 15.02. Amendment of Section 5.01 of the Trust Agreement . Section 5.01 of
the Trust Agreement is hereby amended and restated to read in full as follows:
The Local Agency will punctually pay the interest on and the principal of and
redemption premiums, if any, to become due on every Bond issued hereunder in strict
conformity with the terms hereof and of the Bonds, and will faithfully observe and
perform all the agreements and covenants to be observed or performed by the Local
Agency contained herein and in the Bonds; provided, however, that the provisions of this
Section shall not apply to the 2005 Series A-2 Bonds.
Section 15.03. Amendment of Section 5.05 of the Trust Agreement . Section 5.05 of
the Trust Agreement is hereby amended and restated to read in full as set forth in the Original
Trust Agreement.
Section 15.04. Amendment of Section 5.06 of the Trust Agreement . Section 5.06 of
the Trust Agreement is hereby amended and restated to read in full as set forth in the Original
Trust Agreement.
Section 15.05. Amendment of Section 6.01 of the First Supplemental Trust
Agreement . Section 6.01 of the First Supplemental Trust Agreement is hereby amended so as to
delete clauses (a) and (b) therefrom, which clauses shall be of no further force and effect.
Section 15.06. Amendment of Section 6.03 of the Trust Agreement . Section 6.03 of
the Trust Agreement is hereby amended and restated to read in full as set forth in the Original
Trust Agreement.
Section 15.07. Amendment of Section 7.01 of the First Supplemental Trust
Agreement . Section 7.01 of the First Supplemental Trust Agreement is hereby amended so as to
delete said Section from the First Supplemental Trust Agreement, which Section shall be of no
further force and effect.
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Section 15.08. Amendment of Section 8.07 of the Trust Agreement . Section 8.07 of
the Trust Agreement is hereby amended and restated to read in full a s follows:
Nothing in this Section or in any other provision of this Trust Agreement or in the Bonds
contained shall affect or impair the obligation of the Local Agency, which is absolute and
unconditional, to pay the principal of, premium if any and inter est on the Bonds to the respective
Holders thereof at their respective dates as herein provided; provided, however, that the
provisions of this Section shall not apply to the 2005 Series A-2 Bonds.
Section 15.09. Amendment of Section 8.01 of the First Supplemental Trust
Agreement . Section 8.01 of the First Supplemental Trust Agreement is hereby amended so as to
delete said Section from the First Supplemental Trust Agreement, which Section shall be of no
further force and effect.
ARTICLE XVI
MISCELLANEOUS
Section 16.01. Terms of 2020 Series A Bo nds Subject to the Trust Agreement . This
Supplemental Trust Agreement and all the terms and provisions herein contained shall form part
of the Trust Agreement as fully and with the same effect as if all such terms and provisions had
been set forth in the Trust Agreement . The Trust Agreement, is hereby ratified and confirmed
and shall continue in full force and effect in accordance with the terms and provisions thereof, as
supplemented hereby. If there shall be any conflict between the terms of this Second
Supplemental Trust Agreement and the terms of the Trust Agreement (as in effect on the day
prior to the effective date of this Second Supplemental Trust Agreement), the terms of this
Second Supplemental Trust Agreement shall prevail.
Section 16.02. Effective Date of Second Supplemental Trust Agreement. The Second
Supplemental Trust Agreement shall take effect upon the 2020 Series A Closing Date.
Section 16.03. Execution in Counterparts. This Second Supplemental Trust Agreement
may be executed in several counterparts, each of which shall be deemed an original, and all of
which shall constitute but one and the same instrument.
(Signature Page follows)
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55600.00909\32986486.4 S-1
IN WITNESS WHEREOF, the parties hereto have executed this Second Supplemental
Trust Agreement by their officers thereunto duly authorized as of the day and year first written
above.
CITY OF SAN BERNARDINO
By:
City Manager
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Trustee
By:
Authorized Officer
-Signature Page-
Second Supplemental Trust Agreement
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55600.00909\32986486.4 A-1
EXHIBIT A-1
FORM OF 2020 SERIES A-1 BOND
No. R-________ $_____________
THE OBLIGATIONS OF THE CITY OF SAN BERNARDINO HEREUNDER, INCLUDING
THE OBLIGATION TO MAKE ALL PAYMENTS OF INTEREST AND PRINCIPAL WHEN
DUE, ARE OBLIGATIONS OF THE CITY OF SAN BERNARDINO IMPOSED BY LAW
AND ARE ABSOLUTE AND UNCONDITIONAL, WITHOUT ANY RIGHT OF SET -OFF
OR COUNTER CLAIM. THIS BOND DOES NOT CONSTITUTE AN OBLIGATION OF
THE CITY OF SAN BERNARDINO FOR WHICH THE CITY OF SAN BERNARDINO IS
OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION OR FOR WHICH THE
CITY OF SAN BERNARDINO HAS LEVIED OR PLEDGED ANY FORM OF TAXATION.
NEITHER THE BONDS NOR THE OBLIGATION OF THE CITY OF SAN BERNARDINO
TO MAKE PAYMENTS ON THE BONDS CONSTITUTE AN INDEBTEDNESS OF THE
CITY OF SAN BERNARDINO, THE STATE OF CALIFORNIA, OR ANY OF ITS
POLITICAL SUBDIVISIONS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
STATUTORY DEBT LIMITATION OR RESTRICTION.
BY POSSESSION OF THIS BOND, THE HOLDER CERTIFIES THAT IT IS A QUALIFIED
INSTITUTIONAL BUYER AS DEFINED IN RULE 144A(a)(1) UNDER THE SECURITIES
ACT OF 1993, AS AMENDED OR AN ACCREDITED INVESTOR AS DEFINED IN
SECTION 501(A) OF REGULATION D PROMULGATED UNDER THE SECURITIES ACT.
THE HOLDER HEREOF, BY THE ACCEPTANCE OF THIS BOND, ACKNOWLEDGES
THAT THIS BOND MAY ONLY BE REGISTERED IN THE NAME OF, OR
TRANSFERRED TO A QUALIFIED INSTITUTIONAL BUYER OR AN ACCREDITED
INVESTOR IN A MINIMUM DENOMINATION OF $100,000 AGGREGATE PRINCIPAL
AMOUNT.
CITY OF SAN BERNARDINO
TAXABLE PENSION OBLIGATION BOND 2020 SERIES A-1
Maturity Date Interest Rate Dated Date CUSIP Number
June 15, 2020
REGISTERED HOLDER:
PRINCIPAL AMOUNT: DOLLARS
CITY OF SAN BERNARDINO, a local transportation authority duly established and
existing under and pursuant to the laws of the State of California (the “Local Agency”), for value
received, hereby promises to pay to the registered Holder named above or registered assigns, on
the maturity date specified above, the principal amount specified above (unless this Bond shall
5.c
Packet Pg. 49 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4 A-2
have previously been called for redemption and payment of the redemption price made or
provided for), as specified in the Trust Agreement , dated as of October 1, 2005, as supplemented
and amended from time to time pursuant to its terms, including as supplemented by the Second
Supplemental Trust Agreement thereto, dated as of July 15, 2020 (hereinafter collectively
referred to as the “Trust Agreement ”), between the Local Agency and Wells Fargo Bank,
National Association, as trustee ( the “Trustee”), and to pay interest on the balance of said
principal amount from time to time remaining unpaid from and including the date hereof until
payment of such principal amount has been made or duly provided for, at the rate of interest set
forth above and on the dates provided in the Trust Agreement, such principal and interest to be
computed and paid at the times and in the manner set forth in the Trust Agreement. Interest on
such Bond is payable on each June 15 and December 15, commencing December 15, 2020, to
the date of maturity. All capitalized terms used and not otherwise defined herein shall have the
meanings assigned to such terms in the Trust Agreement .
The City of San Bernardino Taxable Pension Obligation Bonds, 2020 Series A are a duly
authorized bonds, which may be issued by the Local Agency in the form of bonds or notes (such
bonds or notes being hereinafter referred to as the “2020 Series A Bonds”) and which, as
applicable, shall be designated as either City of San Bernardino Taxable Pension Obligation
Bonds issued pursuant to the provisions of Articles 10 and 11 (commencing with Section 53570)
of Chapter 3 of Division 2 of Title 5 of the Government Code of the State of California and all
laws amendatory or supplemental thereto (the “Act”) and under the provisions of the Trust
Agreement . Said authorized issue of Bonds is not limited in aggregate principal amount, except
as otherwise provided in the Trust Agreement , and consists or may consist of one or more Series
of varying denominations, dates, maturities, interest rates and other provisions, as in the Trust
Agreement provided, all issued or to be issued pursuant to the Trust Agreement. The 2020 Series
A Bonds are Current Interest Bonds of the Series and designation indicated above.
Reference is hereby made to the Trust Agreement and to the Act for a description of the
terms on which the 2020 Series A Bonds are issued and to be issued, of the nature and extent of
the security for the 2020 Series A Bonds, of the rights of the registered Holders of the 2020
Series A Bonds and of the rights and obligations of the Local Agency thereunder, all of the terms
and provisions of which are incorporated herein and constitute a co ntract between the Local
Agency and the registered Holders from time to time of the 2020 Series A Bonds, and to all the
provisions thereof the registered Holders of the 2020 Series A Bonds, by such registered
Holder’s acceptance hereof, consents and agrees. Additional Bonds may be issued, and other
indebtedness may be incurred, on a parity with the 2020 Series A Bonds, but only subject to the
conditions and limitations contained in the Trust Agreement .
The 2020 Series A Bonds and the interest thereon (to the extent set forth in the Trust
Agreement ), together with any Additional Bonds heretofore or hereafter issued or incurred by the
Local Agency, and the interest thereon, are payable from, and are secured by amounts deposited
by the Local Agency into the Bond Fund established under the Trust Agreement . All of the 2020
Series A Bonds and Additional Bonds are equally secured by a pledge of, and charge and lien
upon, all of amounts deposited by the Local Agency into the Bond Fund which constitute a trust
fund fo r the security and payment of the interest on and principal of the 2020 Series A Bonds.
5.c
Packet Pg. 50 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4 A-3
The 2020 Series A Bonds and Additional Bonds are obligations imposed by law payable
from funds to be appropriated by the Local Agency pursuant to the Public Employees’
Retirement Law, commencing with Section 20000 of the Government Code of the State of
California, as amended (the “Retirement Law”) of the Local Agency and are payable solely, both
as to principal and interest, from amounts held by the Trustee under the Trust Agreement. The
2020 Series A Bonds are issuable as fully registered Bonds without coupons in the
denominations specified in the Trust Agreement .
The 2020 Series A Bonds are subject to redemption in whole or in part at the option of
the Local Agency on June 15, 2029 or any date thereafter at a redemption price equal to 100% of
the principal amount thereof together with interest accrued with respect thereto to the date fixed
for redemption, without premium.
The 2020 Series A-1 Bonds are subject to mandato ry sinking fund redemption prior to
maturity, in part, on June 15 and December 15 of each year commencing June 15, 2021, and on
each December 15 and June 15 thereafter to maturity by lot, from sinking fund payments at a
redemption price equal to the principal amount of such 2020 Series A Bonds to be redeemed,
together with accrued interest to the date of redemption, as set forth in the Trust Agreement.
The 2020 Series A-1 Bonds are transferable or exchangeable for other Authorized
Denominations of the same Series or subseries by the registered Holder hereof, in person or by
its attorney duly authorized in writing, at the designated office of the Trustee, but only in the
manner, subject to the limitations and upon payment of the charges provided in the Trust
Agreement , and upon surrender and cancellation of the 2020 Series A Bonds. Upon any such
transfer, a new fully registered Bond or Bonds, of an Authorized Denomination or
Denominations for the same aggregate principal amount, will be issued to the transfere e in
exchange herefor.
The Local Agency and the Trustee may deem and treat the registered Holder hereof as
the absolute owner hereof for all purposes and neither the Local Agency nor the Trustee shall be
affected by any notice to the contrary.
The rights and obligations of the Local Agency and of the registered Holders of the 2020
Series A Bonds may be modified or amended at any time in the manner, to the extent, and upon
the terms provided in the Trust Agreement , which provide, in certain circumstances, for
modifications and amendments without the consent of, or notice to, the registered Holders of the
2020 Series A Bonds.
The Trust Agreement and the 2020 Series A Bonds shall be governed by and construed in
accordance with the laws of the State of California.
It is hereby certified and recited that any and all acts, conditions and things required to
exist, to happen and to be performed, precedent to and in the incu rring of the indebtedness
evidenced by this Bond and in the issuing of this Bond, do exist, have happened and have been
performed in due time, form and manner, as required by the Constitution and statutes of the State
of California, and that this Bond, together with all other indebtedness of the Local Agency, is
within every debt and other limit prescribed by the Constitution and the statutes of the State, of
5.c
Packet Pg. 51 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4 A-4
California, and is not in excess of the amount of Bonds permitted to be issued under the Trust
Agreement or the Act.
This Bond shall not be entitled to any benefit under the Trust Agreement, or become
valid or obligatory for any purpose, until the certificate of authentication hereon endorsed shall
have been manually signed by the Trustee.
5.c
Packet Pg. 52 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4 A-5
IN WITNESS WHEREOF, the CITY OF SAN BERNARDINO has caused this Bond to
be executed in its name and on its behalf by the facsimile signature of the City Manager of the
City of San Bernardino and has caused this Bond to be dated the date set forth above.
CITY OF SAN BERNARDINO
By:
City Manager
[Form of Certificate of Authentication]
This is one of the Bonds described in the within-mentioned Trust Agreement and
authenticated on the date set forth below.
Dated: ______________________
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Trustee
By:
Authorized Signatory
[Form of DTC Legend]
Unless this Bond is presented by an authorized representative of The Depository Trust
Company to the issuer or its agent for registration of transfer, exchange or payment, and any
Bond issued is registered in the name of Cede & Co. or such other name as requested by an
authorized representative of The Depository Trust Company and any payment is made to Cede &
Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE
BY OR TO ANY PERSON IS WRONGFUL since the registered Holder hereof, Cede & Co.,
has an interest herein.
5.c
Packet Pg. 53 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.3 A-6
[FORM OF ASSIGNMENT]
For value received the undersigned do(es) hereby sell, assign and transfer unto_________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within Bond and do(es) hereby irrevocably constitute and appoint ______________________
_________________________________________ attorney, to transfer the same on the books of
the Trustee, with full power of substitution in the premises.
Dated: _______________________
Note: Signature guarantee shall be made by a
guarantor institution participating in the
Securities Transfer Agents Medallion
Program or in such other guarantee
program acceptable to the Trustee.
Note: The signature(s) on this Assignment
must correspond with the name(s) as
written on the face of the within Bond
in every particular, without alteration
or enlargement or any change
whatsoever.
5.c
Packet Pg. 54 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.3 A-7
EXHIBIT A-2
FORM OF 2020 SERIES A-2 BOND
No. R-________ $_____________
THE OBLIGATIONS OF THE CITY OF SAN BERNARDINO HEREUNDER, INCLUDING
THE OBLIGATION TO MAKE ALL PAYMENTS OF INTEREST AND PRINCIPAL WHEN
DUE, ARE OBLIGATIONS OF THE CITY OF SAN BERNARDINO IMPOSED BY LAW
AND ARE ABSOLUTE AND UNCONDITIONAL, WITHOUT ANY RIGHT OF SET -OFF
OR COUNTER CLAIM. THIS BOND DOES NOT CONSTITUTE AN OBLIGATION OF
THE CITY OF SAN BERNARDINO FOR WHICH THE CITY OF SAN BERNARDI NO IS
OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION OR FOR WHICH THE
CITY OF SAN BERNARDINO HAS LEVIED OR PLEDGED ANY FORM OF TAXATION.
NEITHER THE BONDS NOR THE OBLIGATION OF THE CITY OF SAN BERNARDINO
TO MAKE PAYMENTS ON THE BONDS CONSTITUTE AN INDEBT EDNESS OF THE
CITY OF SAN BERNARDINO, THE STATE OF CALIFORNIA, OR ANY OF ITS
POLITICAL SUBDIVISIONS WITHIN THE MEANING OF ANY CONSTITUTIONAL OR
STATUTORY DEBT LIMITATION OR RESTRICTION.
BY POSSESSION OF THIS BOND, THE HOLDER CERTIFIES THAT IT IS A QUALIFI ED
INSTITUTIONAL BUYER AS DEFINED IN RULE 144A(a)(1) UNDER THE SECURITIES
ACT OF 1993, AS AMENDED OR AN ACCREDITED INVESTOR AS DEFINED IN
SECTION 501(A) OF REGULATION D PROMULGATED UNDER THE SECURITIES ACT.
THE HOLDER HEREOF, BY THE ACCEPTANCE OF THIS BOND, ACKNOWLEDGES
THAT THIS BOND MAY ONLY BE REGISTERED IN THE NAME OF, OR
TRANSFERRED TO A QUALIFIED INSTITUTIONAL BUYER OR AN ACCREDITED
INVESTOR IN A MINIMUM DENOMINATION OF $100,000 AGGREGATE PRINCIPAL
AMOUNT.
CITY OF SAN BERNARDINO
TAXABLE PENSION OBLIGATION BOND 2020 SERIES A-2
Maturity Date Interest Rate Dated Date CUSIP Number
June 15, 2020
REGISTERED HOLDER:
PRINCIPAL AMOUNT: DOLLARS
CITY OF SAN BERNARDINO, a local transportation authority duly established and
existing under and pursuant to the laws of the State of California (the “Local Agency”), for value
5.c
Packet Pg. 55 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.3 A-8
received, hereby promises to pay to the registered Holder named above or registered assigns, on
the maturity date specified above, the principal amount specified above (unless this Bond shall
have previously been called for redemption and payment of the redemption price made or
provided for), as specified in the Trust Agreement, dated as of October 1, 2005, as supplemented
and amended from time to time pursuant to its terms, including as su pplemented by the Second
Supplemental Trust Agreement thereto, dated as of July 15, 2020 (hereinafter collectively
referred to as the “Trust Agreement”), between the Local Agency and Wells Fargo Bank,
National Association, as trustee ( the “Trustee”), and to pay interest on the balance of said
principal amount from time to time remaining unpaid from and including the date hereof until
payment of such principal amount has been made or duly provided for, at the rate of interest set
forth above and on the dates provided in the Trust Agreement, such principal and interest to be
computed and paid at the times and in the manner set forth in the Trust Agreement. Interest on
such Bond is payable on each June 15 and December 15, commencing December 15, 2020, to
the date of maturity. All capitalized terms used and not otherwise defined herein shall have the
meanings assigned to such terms in the Trust Agreement.
The City of San Bernardino Taxable Pension Obligation Bonds, 2020 Series A are a duly
authorized bonds, which may be issued by the Local Agency in the form of bonds or notes (such
bonds or notes being hereinafter referred to as the “2020 Series A Bonds”) and which, as
applicable, shall be designated as either City of San Bernardino Taxable Pension Obligation
Bo nds issued pursuant to the provisions of Articles 10 and 11 (commencing with Section 53570)
of Chapter 3 of Division 2 of Title 5 of the Government Code of the State of California and all
laws amendatory or supplemental thereto (the “Act”) and under the pr ovisions of the Trust
Agreement. Said authorized issue of Bonds is not limited in aggregate principal amount, except
as otherwise provided in the Trust Agreement, and consists or may consist of one or more Series
of varying denominations, dates, maturities, interest rates and other provisions, as in the Trust
Agreement provided, all issued or to be issued pursuant to the Trust Agreement. The 2020 Series
A Bonds are Current Interest Bonds of the Series and designation indicated above.
Reference is hereby made to the Trust Agreement and to the Act for a description of the
terms on which the 2020 Series A Bonds are issued and to be issued, of the nature and extent of
the security for the 2020 Series A Bonds, of the rights of the registered Holders of the 2020
Series A Bonds and of the rights and obligations of the Local Agency thereunder, all of the terms
and provisions of which are incorporated herein and constitute a contract between the Local
Agency and the registered Holders from time to time of the 2020 Se ries A Bonds, and to all the
provisions thereof the registered Holders of the 2020 Series A Bonds, by such registered
Holder’s acceptance hereof, consents and agrees. Additional Bonds may be issued, and other
indebtedness may be incurred, on a parity with the 2020 Series A Bonds, but only subject to the
conditions and limitations contained in the Trust Agreement.
The 2020 Series A Bonds and the interest thereon (to the extent set forth in the Trust
Agreement), together with any Additional Bonds heretofore o r hereafter issued or incurred by the
Local Agency, and the interest thereon, are payable from, and are secured by amounts deposited
by the Local Agency into the Bond Fund established under the Trust Agreement. All of the 2020
Series A Bonds and Additional Bonds are equally secured by a pledge of, and charge and lien
upon, all of amounts deposited by the Local Agency into the Bond Fund which constitute a trust
fund for the security and payment of the interest on and principal of the 2020 Series A Bonds.
5.c
Packet Pg. 56 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.3 A-9
The 2020 Series A Bonds and Additional Bonds are obligations imposed by law payable
from funds to be appropriated by the Local Agency pursuant to the Public Employees’
Retirement Law, commencing with Section 20000 of the Government Code of the State of
California, as amended (the “Retirement Law”) of the Local Agency and are payable solely, both
as to principal and interest, from amounts held by the Trustee under the Trust Agreement. The
2020 Series A Bonds are issuable as fully registered Bonds without coupons in the
denominations specified in the Trust Agreement.
The 2020 Series A Bonds are subject to redemption in whole or in part at the option of
the Local Agency on June 15, 2029 or any date thereafter at a redemption price equal to 100% of
the principal amount thereof together with interest accrued with respect thereto to the date fixed
for redemption, without premium.
The 2020 Series A-2 Bonds are subject to mandatory sinking fund redemption prior to
maturity, in part, on June 15 and December 15 of each year commencing June 15, 2021, and on
each December 15 and June 15 thereafter to maturity by lot, from sinking fund payments at a
redemption price equal to the principal amount of such 2020 Series A Bonds to be redeemed,
together with accrued interest to the date of redemption, as set forth in the Trust Agreement.
The 2020 Series A-2 Bonds are transferable or exchangeable for other Authorized
Denominations of the same Series or subseries by the registered Holder hereof, in person or by
its attorney duly autho rized in writing, at the designated office of the Trustee, but only in the
manner, subject to the limitations and upon payment of the charges provided in the Trust
Agreement, and upon surrender and cancellation of the 2020 Series A Bonds. Upon any such
transfer, a new fully registered Bond or Bonds, of an Authorized Denomination or
Denominations for the same aggregate principal amount, will be issued to the transferee in
exchange herefor.
The Local Agency and the Trustee may deem and treat the registered Ho lder hereof as
the absolute owner hereof for all purposes and neither the Local Agency nor the Trustee shall be
affected by any notice to the contrary.
The rights and obligations of the Local Agency and of the registered Holders of the 2020
Series A Bonds may be modified or amended at any time in the manner, to the extent, and upon
the terms provided in the Trust Agreement, which provide, in certain circumstances, for
modifications and amendments without the consent of, or notice to, the registered Holders of the
2020 Series A Bonds.
The Trust Agreement and the 2020 Series A Bonds shall be governed by and construed in
accordance with the laws of the State of California.
It is hereby certified and recited that any and all acts, conditions and things required to
exist, to happen and to be performed, precedent to and in the incurring of the indebtedness
evidenced by this Bond and in the issuing of this Bond, do exist, have happened and have been
performed in due time, form and manner, as required by the Constitu tion and statutes of the State
of California, and that this Bond, together with all other indebtedness of the Local Agency, is
within every debt and other limit prescribed by the Constitution and the statutes of the State, of
5.c
Packet Pg. 57 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.3 A-10
California, and is not in excess of the amount of Bonds permitted to be issued under the Trust
Agreement or the Act.
This Bond shall not be entitled to any benefit under the Trust Agreement, or become
valid or obligatory for any purpose, until the certificate of authentication hereon e ndorsed shall
have been manually signed by the Trustee.
5.c
Packet Pg. 58 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.3 A-11
IN WITNESS WHEREOF, the CITY OF SAN BERNARDINO has caused this Bond to
be executed in its name and on its behalf by the facsimile signature of the City Manager of the
City of San Bernardino and has caused this Bond to be dated the date set forth above.
CITY OF SAN BERNARDINO
By:
City Manager
[Form of Certificate of Authentication]
This is one of the Bonds described in the within-mentioned Trust Agreement and
authenticated on the date set forth below.
Dated: ______________________
WELLS FARGO BANK, NATIONAL
ASSOCIATION, as Trustee
By:
Authorized Signatory
[Form of DTC Legend]
Unless this Bond is presented by an authorized representative of The Depository Trust
Company to the issuer or its agent for registration of transfer, exchange or payment, and any
Bond issued is registered in the name of Cede & Co. or such other name as requested by an
authorized representative of The Depository Trust Company and any payment is made to Cede &
Co., ANY TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE
BY OR TO ANY PERSON IS WRONGFUL since the registered Holder hereof, Cede & Co.,
has an interest herein.
5.c
Packet Pg. 59 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32986486.4 A-12
[FORM OF ASSIGNMENT]
For value received the undersigned do(es) hereby sell, assign and transfer unto_________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
(Name, Address and Tax Identification or Social Security Number of Assignee)
the within Bond and do(es) hereby irrevocably constitute and appoint ______________________
_________________________________________ attorney, to transfer the same on the books of
the Trustee, with full power of substitution in the premises.
Dated: _______________________
Note: Signature guarantee shall be made by a
guarantor institution participating in the
Securities Transfer Agents Medallion
Program or in such other guarantee
program acceptable to the Trustee.
Note: The signature(s) on this Assignment
must correspond with the name(s) as
written on the face of the within Bond
in every particular, without alteration
or enlargement or any change
whatsoever.
5.c
Packet Pg. 60 Attachment: FN. Second Supplemental Trust Agreement. ATTACHMENT 2 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32991010.6
BOND PURCHASE AND EXCHANGE AGREEMENT
among
CITY OF SAN BERNARDINO, CALIFORNIA,
as City
PRESTON HOLLOW CAPITAL, LLC, as Purchaser,
AMBAC ASSURANCE CORPORATION, as Purchaser,
and
HILLTOP SECURITIES INC.
as Initial Purchaser
July 15, 2020
5.d
Packet Pg. 61 Attachment: FN. Bond Purchase and Exchange Agreement. ATTACHMENT 3 (6820 : 2005 Pension Obligation Bond Restructuring)
TABLE OF CONTENTS
Page
55600.00909\32991010.6 -i-
ARTICLE I
INITIAL PURCHASER
Section 1.01. Employment of Initial Purchaser ...................................................................3
Section 1.02. Sale of Securities ...........................................................................................4
Section 1.03. Compensation ...............................................................................................4
Section 1.04. Private Placement Memorandum ...................................................................4
Section 1.05. Regulatory Disclosure ...................................................................................4
Section 1.06. Limitation of Liability ...................................................................................5
ARTICLE II
PURCHASE AND EXCHANGE OF NOTE AND BONDS
Section 2.01. Purchase and Exchange of Notes for 2020 Bonds ..........................................5
Section 2.02. The Closing ...................................................................................................6
ARTICLE III
REPRESENTATIONS AND WARRANTIES OF CITY
Section 3.01. City Representations .....................................................................................6
ARTICLE IV
REPRESENTATION AND WARRANTIES OF PURCHASERS
Section 4.01. Purchaser Representations .............................................................................8
ARTICLE V
CLOSING DATE; CONDITIONS PRECEDENT
Section 5.01. Closing Conditions ........................................................................................9
Section 5.02. Costs and Expenses ..................................................................................... 14
ARTICLE VI
MISCELLANEOUS
Section 6.01. Benefit of Parties ......................................................................................... 14
Section 6.02. Addresses .................................................................................................... 14
Section 6.03. Governing Law ........................................................................................... 15
Section 6.04. Severability ................................................................................................. 15
Section 6.05. Headings ..................................................................................................... 15
Section 6.06. Waiver of Jury Trial .................................................................................... 15
Section 6.07. Counterparts ................................................................................................ 16
Section 6.08. No Third Party Beneficiaries ....................................................................... 16
Section 6.09. Ratings ........................................................................................................ 16
5.d
Packet Pg. 62 Attachment: FN. Bond Purchase and Exchange Agreement. ATTACHMENT 3 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32991010.6
BOND PURCHASE AND EXCHANGE AGREEMENT
This BOND PURCHASE AND EXCHANGE AGREEMENT (this “Agreement”) is
dated as of July 15, 2020, among CITY OF SAN BERNARDINO, CALIFORNIA, a charter city
and a duly organized, validly existing and operating local agency (as defined in Section 53570 of
the California Code) under its c harter and the laws of the State of California (“City”), PRESTON
HOLLOW CAPITAL, LLC (“PHC”), a Delaware limited liability company as a Purchaser
hereunder, AMBAC ASSURANCE CORPORATION (“Ambac”), a financial guaranty insurance
company organized under the laws of Wisconsin, as a Purchaser (and together with PHC, the
“Purchasers”), and HILLTOP SECURITIES INC., as initial purchaser ( the “Initial Purchaser”).
RECITALS
A. Pursuant to a Trust Agreement dated as of August 1, 2005 (the “Original Trust
Agreement”) between City and Wells Fargo Bank, National Association, as indenture Trustee (in
such capacity, the “Trustee”), City issued its Taxable Pension Obligation Bonds, 2005 Series A
(the “2005 Series A Bonds”) in the initial aggregate principal amount of $50,40 1,582.90,
consisting of 2005 Series A-1 (Standard Bonds) in the initial aggregate principal amount of
$36,050,000 (the “Series A-1 Bonds”), which were owned by Commerzbank Finance & Covered
Bond S.A. (“Commerzbank”), and 2005 Series A-2 (Capital Appreciation Bonds) in the initial
aggregate principal amount of $14,351,582.90 (the “Series A-2 Bonds”), which Series A-2
Bonds were insured by Ambac pursuant to its Financial Guaranty Insurance Policy No.
S24928BE (the “Ambac Policy”).
B. The City is a member of t he California Public Employees’ Retirement System
(“PERS”), and as such, is obligated by the Public Employees’ Retirement Law, constituting Part
3 of Division 5 of Title 2 of the California Government Code (the “Retirement Law”), and the
contract between t he Board of Administration of PERS and the City, dated March 1, 1945, as
amended to date (the “PERS Contract”), to make contributions to PERS to (a) fund pension
benefits for City employees who are members of PERS, (b) amortize the unfunded accrued
actuarial liability with respect to such pension benefits, and (c) appropriate funds for the
purposes described in (a) and (b).
C. Bonds (as defined in the Original Trust Agreement), including the Series A-1
Bonds and the Series A-2 Bonds, together with any Addit ional Bonds (as defined in the Original
Trust Agreement), were validated pursuant to the Default Judgment in Validation Proceeding
dated July 11, 2005 in San Bernardino County Superior Court Case No. SCVSS 125783 (the
“Validation Proceeding”).
D. The City was a debtor under chapter 9 of title 11 of the United States Code,
pursuant to a petition filed on August 1, 2012, commencing In re City of San Bernardino,
California, case number 6:12-bk-28006-MJ (the “Bankruptcy Case”) in the United States
Bankruptcy Co urt for the Central District of California, Riverside Division (the “Bankruptcy
Court ”).
E. Pursuant to a Settlement Agreement dated as of March 28, 2016 (the “Settlement
Agreement”), and an amended Plan of Adjustment that incorporated the terms of the Set tlement
5.d
Packet Pg. 63 Attachment: FN. Bond Purchase and Exchange Agreement. ATTACHMENT 3 (6820 : 2005 Pension Obligation Bond Restructuring)
55600.00909\32991010.6 2
Agreement (the “Bankruptcy Plan”), Ambac and Commerzbank accepted a payment stream in
the total amount set forth in, and payable in the installments described in, the Settlement
Agreement in full satisfaction of the payment and reimbursement obliga tions of City with respect
to 2005 Series A Bonds and the Ambac Policy, respectively.
F. In order to implement the Settlement Agreement, Ambac and Commerzbank
agreed to (1) the cancellation of the Series A-1 Bonds in exchange for an Additional Bond in the
form of a promissory note to be issued by City and payable to Commerzbank (the
“Commerzbank Note”) to refinance, refund and replace the Series A-1 Bonds, (2) the
amendment of the Series A-2 Bonds to provide that such Series A-2 Bonds shall be non-recourse
to City and payable solely from amounts payable by Ambac pursuant to the Ambac Policy, (3)
the issuance of an Additional Bond in the form of a promissory note by City payable to Ambac
(the “Ambac Note”) in exchange for any subrogation, reimbursement, or other rights to payment
from the City to Ambac in connection with amounts paid by Ambac under the A mbac Policy
with respect to the Series A-2 Bonds.
G. Pursuant to the Original Trust Agreement, as amended and supplemented by the
First Supplemental Trust Agreement, dated as of July 15, 2017 (as so amended and
supplemented, the “First Supplemented Trust Agreement”) and the Exchange Agreement (the
“Exchange Agreement”) dated June 15, 2017, among the City, Commerzbank, Ambac, and the
Trustee, as paying agent thereunder, the City issued the Commerzbank Note and the Ambac Note
and amended the Series A-2 Bonds.
H. Pursuant to an Agreement for Purchase and Sale of the Note, dated December 2,
2019 and an Assignment Agreement, dated December 3, 2019 (the “Assignment Agreement”),
each between Commerzbank and PHC, Commerzbank assigned to PHC 100% of the
Commerzbank Note, and PHC purchased all of Commerzbank’s right title and interest in the
Commerzbank Note, including all rights and claims under and/or pursuant to the Exchange
Agreement and the related documents.
I. The First Supplemented Trust Agreement provides that the City may issue Bonds
(as such term is defined in the First Supplemented Trust Agreement), from time to time as
authorized by a Supplemental Trust Agreement (as such term is defined in the First
Supplemented Trust Agreement), which Bonds shall be paya ble from funds payable by the City
to the Trustee at such times as specified in the First Supplemented Trust Agreement and the
Supplemental Trust Agreement authorizing such Series of Bonds, and the City proposes to issue
an additional Series of Bonds to be designated “City of San Bernardino Taxable Pension
Obligation Bonds, 2020 Series A” (the “2020 Bonds”) for the purpose of refunding the
Commerzbank Note and t he Ambac Note, as defined above, and causing the cancellation of such
Commerzbank Note and the Ambac Note, by exchanging the 2020 Bonds therefor.
J. The City proposes to issue the 2020 Bonds pursuant to a Second Supplemental
Trust Agreement (the “Second Supplemental Trust Agreement”), which shall be supplemental to
the Trust Agreement, the First Supplemented Trust Agreement and the Exchange Agreement.
Such 2020 Bonds shall be issued in sub-series designated as the “2020 Series A-1 Bonds” and
the “2020 Series A-2 Bonds.”
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K. The Initial Purchaser proposes to purchase from the City and immediately sell the
Series A-1 Bonds to PHC and the Series A-2 Bonds to Ambac pursuant to the terms hereof and
PHC shall deliver the Commerzbank Note and cash to the City and Ambac shall deliver the
Ambac Note and cash to the City as consideration for the delivery of the 2020 Bonds and the
cash delivered hereunder shall be applied as set forth in this Agreement.
L. The 2020 Bonds shall be issued and secured pursuant to Articles 10 and 11
(commencing with Section 53570) of Chapter 3 of Part 1 of Division 2 of Title 5 of th e
California Government Code (the “Refunding Law”), the Trust Agreement and the First
Supplemented Trust Agreement, as amended and supplemented by the Second Supplemental
Trust Agreement (as so amended and supplemented, the “Trust Agreement”). The 2020 Bon ds
shall be payable and shall be subject to redemption as provided in the Trust Agreement and shall
be as described in a Private Placement Memorandum relating to the 2020 Bonds, dated the date
hereof, as described herein.
M. The 2020 Bonds are being issued to (i) refund the Commerzbank Note and the
Ambac Note and thereby refinance a portion of the City’s unfunded accrued actuarial liability to
PERS for the benefit of the City’s employees (the “Unfunded Liability”) evidenced by the
Commerzbank Note and the Ambac Note, and (ii) pay certain costs related to the issuance of the
2020 Bonds from cash deposits of the Purchasers.
N. The City will undertake pursuant to the Trust Agreement and a Continuing
Disclosure Agreement, dated July 15, 2020, (the “Continuing Disclosure Agreement”), between
the City and the Trustee as Dissemination Agent, to provide certain annual information and
notices of the occurrence of certain events, if material. A description of the undertaking shall be
set forth in the Private Placement Memorandum (as defined below).
O. The City has prepared a Private Placement Memorandum, dated July 15, 2020
relating to the 2020 Bonds (together with the cover page, inside cover page, and all appendices
attached thereto and any amendments or supplements and statements incorporated by reference
therein or attached thereto, the “Private Placement Memorandum”), and the Private Placement
Memorandum, the Trust Agreement, and all requested information, documents, certificates and
statements furnished by the City to the Purchasers in connection with the 2020.
AGREEMENT
NOW THEREFORE, in consideration of the mutual promises set forth below, and other
good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
ARTICLE I
INITIAL PURCHASER
Section 1.01. Employment of Initial Purchaser. Subject to the terms and conditions
set forth in this Agreement, the Initial Purchaser hereby agrees to purchase all (but not less than
all) of the 2020 Bonds from the City when, as and if issued, upon receipt by the City of the Cash
and the cancellation of the Notes. Immediately after the initial purchase of the 2020 Bonds, the
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Initial Purchaser hereby agrees to sell all (but not less than all) of the 2020 Bonds to the
Purchasers and the Purchasers hereby agrees to purchase and accept delivery of all (but not less
than all) of the 2020 Bonds from the Initial Purchaser.
2020 Bonds will (i) be issued in accordance with the applicable procedural and
substantive requirements of the Trust Agreement and this Agreement and (ii) have the payment
related terms (that is, the dated date, maturity date, interest rates, interest payment dates and
redemption provisions) set forth therein.
Section 1.02. Sale of Securities. The City shall not, directly or indirectly, except
through the Initial Purchaser, sell or offer, or attempt or offer to dispose of, or solicit any offer to
buy, or otherwise approach or negotiate wit h any person in respect of, any of the 2020 Bonds and
the City represents to the Initial Purchaser that the City has not heretofore done any of the
foregoing.
Section 1.03. Compensation. For its services under this Agreement, the City agrees to
pay the Initial Purchaser a fee equal to ________________, payable on the Closing Date.
Section 1.04. Private Placement Memorandum. The City has prepared a Private
Placement Memorandum, dated July 23, 2020 relating to the 2020 Bonds (together with the
cover page, inside cover page, and all app endices attached thereto and any amendments or
supplements and statements incorporated by reference therein or attached thereto, the “Private
Placement Memorandum”) and has provided the Private Placement Memorandum to the
Purchaser.
Section 1.05. Regulatory Disclosure. The City acknowledges, in connection with the
sale of the 2020 Bonds, that:
(a) the Initial Purchaser has acted at arm’s length, is acting solely for its own
account and is not agent of or advisor to (including, without limitation, a Municipal
Advisor (as such term is defined in Section 975(e) of the Dodd-Frank Wall Street Reform
and Consumer Protection Act)), and owes no fiduciary duty to the City or any other
person,
(b) the Initial Purchaser ’s duties and obligations to the City shall be limited to
those contractual duties and obligations set forth in this Agreement,
(c) the Initial Purchaser may have interests that differ from those of the City,
and
(d) the City has consulted its legal and financial advisors to the extent it
deemed appropriate in connect ion with the sale and delivery of the 2020 Bonds. The City
further acknowledges and agrees that it is responsible for making its judgment with
respect to the placement of the 2020 Bonds and the process leading thereto. The City
agrees that it will not claim that the Initial Purchaser acted as a Municipal Advisor to the
City or rendered advisory services of any nature or respect, or owes a fiduciary or similar
duty to the City, in connection with the placement of the Bonds or the process leading
thereto.
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Section 1.06. Limitation of Liability. The Initial Purchaser has not assumed
responsibility with respect to any information in the Private Placement Memorandum or any
other information prepared by the City or its advisors and consultants or undertaken to verify the
accuracy or completeness of any such information. The Initial Purchaser shall not be responsible
for independently evaluating or appraising any such information.
ARTICLE II
PURCHASE AND EXCHANGE OF NOTE AND BONDS
Section 2.01. Purchase and Exchange of Notes for 2020 Bonds. (a) The 2020 Bonds
shall be issued in the aggregate principal amount of $_________, of which $_________ shall be
designated the 2020 Series A-1 Bonds and $________ shall be designated the 2020 Series A-2
Bonds. Upon the terms and conditions and upon the basis of the representations, warranties and
agreements hereinafter set forth, (i) the City agrees to sell to the Initial Purchaser and the Initial
Purchaser agrees to purchase all of the 2020 Bonds. As set forth in Section 1.01 hereof, Initial
Purchaser agrees to sell the 2020 Series A-1 Bond to PHC and the 2020 Series A-2 Bond to
Ambac. PHC agrees to purchase the 2020 Series A-1 Bond and Ambac agrees to purchase the
2020 Series A-2 Bond, as provided in this Section.
(b) On the Closing Date, defined below, as consideration for the delivery of the 2020
Bonds: (i) PHC shall tender and deliver to the City the Commerzbank Note; (ii) Ambac shall
tender and deliver to the City the Ambac Note; (iii) PHC shall deliver cash in the amount of
$____________; and (iv) Ambac shall deliver cash in the amount of $__________(the amounts
delivered by each of PHC and Ambac constitute the “Cash”). In consideration of the receipt
thereof, the City shall cause the 2020 Bonds to be delivered to or for the account of the Initial
Purchaser. The 2020 Bonds shall be dated June 15, 2020, and shall bear interest at the rate and
shall mature on the date and in the amount set forth in the Second Supplemental Trust
Agreement.
(c) On July 23, 2020, or at such other time or on such earlier or later Business Day as
shall have been mutually agreed upon by the City, the Purchasers and the Initial Purchaser (the
“Closing Date”), the City will deliver to the Purchaser s the documents hereinafter mentioned at
the offices of Best Best & Krieger LLP, 3390 University Avenue, Riverside, California, or
another place to be mutually agreed upon by the City, the Purchasers and the Initial Purchaser.
This payment and delivery, together with the delivery of the documents to be delivered under
Article V hereof, is herein called the “Closing.”
(d) The City shall deliver, or cause to be delivered to or on behalf of DTC, the 2020
Bonds, in definitive form duly executed by the City and authenticated by the Trustee, and the
Purchasers will each pay its above-stated Cash portion of the Purchase Price by delivering to the
Trustee, for the account of the City, a wire transfer in federal funds of the above -stated Cash
portion Purchase Price payable to the order of the Trustee. Additionally, PHC shall have
delivered the Commerzbank Note and Ambac shall have delivered the Ambac Note to the offices
of Best Best & Krieger LLP, on behalf of the City, prior to the Closing Date.
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(e) The 2020 Series A-1 Bonds and the 2020 Series A-2 Bonds will each be prepared
and physically delivered to the Trustee on the Closing Date in the form of separate single fully
registered bonds for each of the maturities of the 2020 Bonds. The 2020 Bonds shall each be
registered in the name of Cede & Co., as registered owner and nominee for The Depositor y Trust
Company (“DTC”), New York, New Yo rk. The 2020 Bonds will be authenticated by the Trustee
in accordance with the terms and provisions of the Trust Agreement, and shall be delive red, on
behalf of the City, to DTC prior to the Closing Date as require d by DTC to assure delivery of the
2020 Bonds on the Closing Date. The Initial Purchaser shall cause the 2020 Bonds to be credited
to the account(s) of the Purchaser s as directed by the Purchasers on the Closing Date. The Initial
Purchaser shall pay the CUSIP Service Bureau charge for the assignment of such numbers.
Section 2.02. The Closing. At 8:30 a.m., California time, on the Closing Date:
(a) Concurrently with the actions described in (b) and (c) below, the City will
deliver,
(i) the 2020 Bonds to the Trustee, and
(ii) the closing documents, certificates and opinions referred to in
Section 5.01 of this Agreement at the offices of Best Best & Krieger LLP, in
Riverside, California, or such other place as shall be mutually agreed upon by the
City, the Initial Purchaser and the Purchasers.
(b) Concurrently with the actions described in (a) and (c) hereof, the
Purchaser s will deliver the Cash to the City, or to the Trustee on behalf of the City, to
acquire the 2020 Bonds, and
(c) Concurrently with the act ions described in (a), and (b) above, the
Purchaser s will deliver the closing documents, certificates referred to in Section 5.01 of
this Agreement at the offices of Best Best & Krieger LLP, in Riverside, California, or
such other place as shall be mutually agreed upon by the City and the Purchasers.
ARTICLE III
REPRESENTATIONS AND WARRANTIES OF CITY
Section 3.01. City Representations. City makes the following representations and
warranties to and in favor of Initial Purchaser and the Purchasers as of the Closing Date:
(a) The City is a municipal corporation and charter city duly organized and
existing pursuant to the Constitution, its charter and the laws of the State of California
and has all necessary power and authority to enter into and perform its duties under the
2020 Bonds, the Trust Agreement, the PERS Contract evidencing the City’s unfunded
accrued actuarial liability as of the date of the 2020 Bonds, the Continuing Disclosure
Agreement and this Agreement (collectively, the “City Documents”), and, when executed
and delivered by the respective parties thereto, the City Documents will constitute legally
valid and binding obligations of the City, enforceable in accordance with their respective
terms.
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(b) By all necessary official action, the City has duly authorized and approved
the execution and delivery of, and the performance by the City of the obligations on its
part contained in, the City Documents, and has approved the use by the Initial Purchaser
of the Private Placement Memorandum and, as of the date hereof, suc h authorizations and
approvals are in full force and effect and have not been amended, modified or rescinded.
(c) The execution and delivery of the Second Supplemental Trust Agreement,
the 2020 Bonds, the Continuing Disclosure Agreement and this Agreement, and
compliance with the provisions of the City Documents, will not conflict with, or
constitute a breach of or default under, the City’s duties under said documents or any
material law, administrative regulation, court decree, resolution, charter, bylaws or other
agreement to which the City is subject or by which it is bound.
(d) Except as may be required under the securities or blue sky laws of any
state, there is no consent, approval, authorization or other order of, filing with, or
certification required by, any regulatory authority having jurisdiction over the City for the
consummation by the City of the transactions contemplated by the City Documents
(e) Other than as disclosed in the Private Placement Memorandum, there is no
action, suit, proceeding o r investigation at law or in equity before or by any court or
governmental agency or body pending for which the City has been served notice, or to
the best of the City’s knowledge and belief, threatened, against the City, nor is there any
basis therefor, to restrain or enjoin the payment of the 2020 Bonds as described in the
Private Placement Memorandum, or in any way contesting or affecting the validity of any
of the City Documents, or contesting the powers of the City to enter into or perform its
obligations under any of the foregoing.
(f) The information with respect to the City and the 2020 Bonds contained in
the Private Placement Memorandum is, and at all times subsequent to the date of the
Private Placement Memorandum up to and including the Closing Date will be, true and
correct in all material respects.
(g) Any certificate of the City delivered to the Initial Purchaser or either
Purchaser shall be deemed a representation and warranty by the City to the Initial
Purchaser or such Purchaser, respectively, as to the statements made therein.
(h) Since June 30, 2019, no material and adverse change has occurred in the
financial condition, assets, properties or results of operation of the City.
(i) Since June 30, 2019, the City has not offered or issued any bo nds, notes or
other obligations for borrowed money or incurred any material liabilities, direct or
contingent, other than in the ordinary course of business.
(j) The City is not presently and as a result of the execution of the Second
Supplemental Trust Agreement, the 2020 Bonds, the Continuing Disclosure Agreement
and this Agreement and the sale of the 2020 Bonds will not be in violation of any debt
limitation, appropriation limitation or any other provision of the California Constitution
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or statutes or any additional debt or similar provision of any bond, note, contract or other
evidence of indebtedness to which the City is a party or to which the City is bound.
ARTICLE IV
REPRESENTATION AND WARRANTIES OF PURCHASERS
Section 4.01. Purchaser Representations. Each Purchaser makes, solely for itself and
not for the other Purchaser, the following representations and warranties to and in favor of City
and Initial Purchaser as of the Closing Date:
(a) Such Purchaser is a “Qualified Institutional Buyer” within the meaning of
Rule 144A of the Securities Act of 1933 (a “Qualified Institutional Buyer”)
(b) Such Purchaser has received a copy of and read the Private Placement
Memorandum.
(c) Such Purchaser has been given access to copies of the Trust Agreement,
the Continuing Disclosure Agreement and such other documents, agreements, certificates
and instruments referenced therein or pertaining thereto or to the 2020 Bonds, and has
had the opportunity to ask questions and receive answers from knowledgeable individuals
concerning the 2020 Bonds and the security therefor, that it deems necessary and
appropriate in its evaluation of the 2020 Bonds.
(d) Such Purchaser has such knowledge and experience in financial and
business matters that it is capable of evaluating the merits and risks of an inv estment in
the 2020 Bonds.
(e) Such Purchaser has made its own inquiry and analysis with respect to the
2020 Bonds and the security therefor and other material factors affecting the security and
payment of the 2020 Bonds and, based thereon, such Purchaser has been able to make its
decision to invest in the 2020 Bonds.
(f) The 2020 Bonds are a financially suitable investment for such Purchaser
consistent with such Purchaser’s investment needs and objectives.
(g) The Purchaser understands and acknowledges that the 2020 Bonds may
being purchased by it be transferred only to a person that is either (i) a Qualified
Institutional Buyer, or (ii) an “accredited investor” as defined in Rule 501(a) of
Regulation D promulgated under the Securities Act of 1933, as amend ed.
(h) Such Purchaser understands and acknowledges that it may be required to
bear the risks of an investment in the 2020 Bonds being purchased by it for an indefinite
time, since any sale or transfer prior to maturity may not be possible.
(i) Such Purchaser is not purchasing the 2020 Bonds being purchased by it
for more than one account. Such Purchaser is purchasing the 2020 Bonds being
purchased by it for investment purposes and not with a present view to the resale or other
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distribution thereof, and suc h Purchaser presently intends to hold the 2020 Bonds being
purchased by it for its own account to maturity or earlier redemption and does not
presently intend to dispose of all or any part of the 2020 Bonds; provided, however, that
such Purchaser reserves the right to sell, transfer or otherwise dispose of its 2020 Bonds
in the future at its discretion in compliance with the Trust Agreement.
(j) Such Purchaser understands and acknowledges that the 2020 Bonds are
not registered under the Securities Act of 1933 and that such registration is not legally
required as of the date hereof and, further, such Purchaser acknowledges and understands
that the 2020 Bonds (i) are not being registered or otherwise qualified for sale under the
“Blue Sky” laws and regulations of any state, and (ii) will not carry a rating from any
rating service.
(k) Such Purchaser acknowledges that (a) t he Purchasers submitted a term
sheet to the City and were involved in discussions with the City prior to the engagement
by the City of the Initial Purchaser to serve in the limited role of purchasing the 2020
Bonds for immediate resale to the Purchasers, (b) the Initial Purchaser has not made and
is not making any recommendation to the Purchasers concerning an investment in the
2020 Bonds, and (c) such Purchaser is not relying on any due diligence investigation by
the Initial Purchaser and has carried out its own due diligence in making an investment
decision to purchase the 2020 Bonds.
ARTICLE V
CLOSING DATE; CONDITIONS PRECEDENT
Section 5.01. Closing Conditions. The Initial Purchaser and the Purchasers have
entered into this Agreement in reliance upon the representations, warranties and covenants herein
and the performance by the City of its respective obligations both as of the date hereof and as of
the Closing Date. The Initial Purchaser ’s and Purchasers’ obligations under this Agreement to
purchase the 2020 Bonds with the Cash consideration and tender of the Commerzbank Note and
the Ambac Note as set forth herein shall be subject to the following additional conditions:
(a) Bring-Down Representation. The representations, warranties and
covenants of the City contained herein shall be true, complete and correct at the date
hereof and at the time of the Closing, as if made on the Closing Date.
(b) Executed Agreements and Performance Thereunder. At the time of the
Closing, (i) the City Documents shall be in full force and effect, and shall not have been
amended, modified or supplemented except with the written consent of the Purchasers
and Initial Purchaser and (ii) there shall be in full force and effect Resolution No. ____ of
the City Council , adopted July 15, 2020 (the “Resolution”) as, in the opinion of Best
Best & Krieger LLP (“Bond Counsel”), shall be necessary in connection with the
transactions cont emplated by this Agreement and the City Documents.
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(c) Closing Documents. At or prior to the Closing, the Initial Purchaser and
Purchasers shall receive with respect to the 2020 Bonds (unless the context otherwise
indicates) the following documents:
(i) Bond Opinion. An approving opinion of Bond Counsel with
respect to the 2020 Bonds dated the Closing Date in substantially the form
attached as Exhibit C to the Private Placement Memorandum, together with letters
from such counsel with respect to the 2020 Bonds, dated the Closing Date and
addressed to the Initial Purchaser and the Purchasers, to the effect that the
foregoing opinion addressed to the City may be relied upon by the Purchaser s and
the Initial Purchaser to the same extent as if such opinions were addressed to
them.
(ii) Supplemental Opinion. A supplemental opinion or opinions of
Bond Counsel addressed to the Initial Purchaser and Purchasers with respect to
the 2020 Bonds, in form and substance acceptable to counsel for the Initial
Purchaser and Purchasers, and dated the Closing Date substantially to the
following effect:
(A) This Agreement and the Continuing Disclosure Agreement
have been duly authorized, executed and delivered by the City and
constitute the valid, legal and binding agreements of the City enforceable
in accordance with their respective terms; and
(B) The 2020 Bonds are not subject to the registration
requirements under the Securities Act of 1933, as amended, and the Trust
Agreement, as amended and supplemented, is exempt from qual ification
pursuant to the Trust Indenture Act of 1939, as amended.
(iii) City Attorney Opinion. An opinion of Best Best & Krieger LLP,
as City Attorney, dated the Closing Date and addressed to the Initial Purchaser
and Purchasers, in form and substance acceptable to counsel to the Purchaser s
substantially to the following effect:
(A) The City is a municipal corporation organized and validly
existing under its charter and the Constitution and the laws of the State of
California with the power and authority to perform its obligations under
the City Documents.
(B) The Resolution approving the Second Supplemental Trust
Agreement, the 2020 Bonds, the Continuing Disclosure Agreement, this
Agreement and the Private Placement Memorandum has been duly
adopted at a meeting of the City Council which was called and held
pursuant to law and with all public notice required by law and at which a
quorum was present and acting throughout.
(C) To the best knowledge of such counsel after due inquiry,
there is no litigation, proceeding, action, suit or investigation at law or in
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equity before or by any court, governmental agency or body, pending or
threatened against the City, challenging the issuance and delivery of the
2020 Bonds, or the validity of the City Documents in any w ay, contesting
or affecting the validity of the City Documents or any of the transactions
referred to therein or contemplated thereby, or contesting the authority of
the City to enter into or perform its obligations under any of the City
Documents.
(D) No consent, approval, authorization or other action by any
governmental or regulatory authority having jurisdiction over the City that
has not been obtained is or will be required for the execution and delivery
of the 2020 Bonds, the Second Supplemental Trust Agreement, the 2020
Bonds, the Continuing Disclosure Agreement, or this Agreement or the
consummation by the City of the transactions contemplated to be
performed by the City Documents.
(E) To the best of our knowledge based upon reasonable
investigation, the execution and delivery of the City Documents and the
consummation of the transactions therein will not conflict with or
constitute a breach of or default (with due notice or the passage of time or
both) under (i) the City Charter or any amendments the reto, (ii) the
ordinances or bylaws of the City, (iii) any bond, debenture, note or other
evidence of indebtedness, or any material contract, agreement or lease to
which the City is a party or by which it or its properties are otherwise
subject or bound or (iv) any applicable law or administrative regulation or
any applicable court or administrative decree or order.
(iv) City Certificate. A certificate of the City, dated the Closing Date,
signed on behalf of the City by an Authorized Officer to the Purchas ers to the
effect that:
(A) The representations, warranties and covenants of the City
contained in this Agreement are true and correct in all material respects on
and as of the Closing Date as if made on the Closing Date, (ii) the City has
complied with all of the terms and conditions of this Agreement required
to be complied with by the City at or prior to the Closing Date, and (iii)
there is no action, suit, proceeding or investigation at law or in equity
before or by any court or governmental agency or body pending, or
threatened, against the City, nor to the best knowledge and belief of the
City is there any basis therefor, in any way contesting or affecting the
validity of any of the City Documents, or contesting the powers of the City
to enter into or perform its obligations under any of the foregoing..
(v) Documents. An original executed copy of each of the City
Documents.
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(vi) Trustee Certificate. A certificate of the Trustee dated the Closing
Date, to the effect that (i) the Trustee is a national banking association duly
organized and validly existing under the laws of the United States of America and
is authorized to carry out corporate trust powers, and has full power and authority
to perform its duties under the Trust Agreement; (ii) the Trustee is duly
authorized to execute and deliver the Second Supplemental Trust Agreement, to
accept the obligations created thereunder and to authenticate the 2020 Bonds
pursuant to the terms of the Trust Agreement; (iii) the Trustee is duly authorized
to execute and deliver the Continuing Disclosure Agreement ; (iv) no consent,
approval, authorization or other action by any governmental or regulatory
authority having jurisdiction over the Trustee that has not been obtained is or will
be required for the authentication of the 2020 Bonds or the consummation by the
Trustee of the other transactions contemplated to be performed by the Trustee in
connection with the authentication of the 2020 Bonds and the acceptance and
performance of the obligations created by the Trust Agreement; and (v) to the best
of its knowledge, compliance with the terms of the Trust Agreement will not
conflict with, or result in a violation or breach of, or constitute a default under the
governing documents of the Trustee, any loan agreement, indenture, bond, note,
resolution or any other agreement or instrument to which the Trustee is a party or
by which it is bound, or any law or any rule, regulation, order or decree of any
court or governmental agency or body having jurisdiction over the Trust ee or any
of its activities or properties.
(vii) Trustee Counsel Opinion. An opinion of counsel to the Trustee,
dated the Closing Date, addressed to the Initial Purchaser, the Purchasers, and the
City to the effect that (i) the Trustee is a national banking association duly
authorized to carry out corporate trust powers, and has full power and authority to
perform its duties under the Trust Agreement; (ii) the Trustee has duly authorized,
executed and delivered the Trust Agreement and such agreement constitutes the
legally binding obligation of the Trustee subject to bankruptcy, insolvency,
reorganization, moratorium, and other laws affecting enforcement of creditor’s
rights in general, except as such enforceability be limited by the application of
equitable principles if equita ble remedies are sought; (iii) the Trustee has duly
authorized and executed the Continuing Disclosure Agreement and such
agreement constitutes the legally binding obligation of the Trustee subject to
bankruptcy, insolvency, reorganization, moratorium, and other laws affecting
enforcement of creditor’s rights in general, except as such enforceability be
limited by the application of equitable principles if equitable remedies are sought;
(iv) no consent, approval, authorization or other action by any governmental or
regulatory authority having jurisdiction over the Trustee that has not been
obtained is or will be required for the authentication of the 2020 Bonds or the
consummation by the Trustee of the other transactions contemplated to be
performed by the Trustee in connection with the authentication of the 2020 Bonds
and the acceptance and performance of the obligations created by the Trust
Agreement and the Continuing Disclosure Agreement ; (v) compliance with the
terms of the Trust Agreement and the Continuing Disclosure Agreement will not
conflict with, or result in a violation or breach of, or constitute a default under,
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any loan agreement, indenture, bond, note, resolution or any other agreement or
instrument to which the Trustee is a party or by which it is bound, or any law or
any rule, regulation, order or decree of any court or governmental agency or body
having jurisdiction over the Trustee or any of its activities or properties; and to the
best of such co unsel’s knowledge, there is no litigation pending or threatened
against or affecting the Trustee to restrain or enjoin the Trustee’s participation in,
or in any way contesting the powers of the Trustee with respect to, the
transactions contemplated by the 2020 Bonds and the Trust Agreement and the
Continuing Disclosure Agreement .
(viii) City Resolution. The Resolution or other authorizations and
records of the City, certified by an Authorized Officer as being in full force and
effect on the Closing Date, authorizing the execution, delivery and performance
of the City Documents and the 2020 Bonds, together with information regarding
any legal proceedings pursuant to which such authorizations were approved.
(ix) City Documents. A fully executed set of the City Documents.
(x) Private Placement Memorandum. At least one copy of the Private
Placement Memorandum.
(xi) CDIAC Statements. A copy of the Notice of Proposed Sale and
Report of Final Sale required to be delivered to the California Debt and
Investment Advisory Commission pursuant to Section 8855(g) of the California
Government Code for the 2020 Bonds.
(xii) Validation Proceeding. A copy of the Default Judgment awarded in
the Validation Proceeding.
(xiii) Certificate of Purchasers. Each Purchaser shall provide a
certificate stating that the representations in Section 4.01 hereof are true and
correct and subject to the conditio ns for closing of this Agreement, each
Purchaser has received the 2020 Bond it intended to purchase, and that all
conditions set forth in this Agreement have either been met or waived by each
Purchaser.
(xiv) Additional Documentation. Such additional legal opinions,
certificates, instruments and other documents as the Initial Purchaser, the
Purchaser s or Bond Counsel may reasonably request to evidence compliance by
the City with legal requirements, the truth and accuracy, as of the Closing Date, of
the representations of the City herein and the due performance or satisfaction by
the City on or prior to such time of all agreements then to be performed and all
conditions then to be satisfied by the City.
If the City shall be unable to satisfy the conditions co ntained in this Agreement, the
Purchaser s shall have the right, but not the obligation to terminate this Agreement and the
Purchaser s and the Initial Purchaser shall not be under further obligation hereunder, except as
otherwise set forth in this Agreement .
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55600.00909\32991010.6 14
Section 5.02. Costs and Expenses. The Initial Purchaser shall be under no obligation
to pay, and the City shall pay or cause to be paid out of the proceeds of the 2020 Bonds,
expenses and costs of the City incident to the performance of its obligations in connection with
the authorization, issuance and sale of the 2020 Bonds, including the costs of printing or
reproduction of the 2020 Bonds, the City Documents and the Private Placement Memorandum in
reasonable quantities, fees and expenses of any consultants, accounta nts, actuaries, financial
advisors or other experts the City has retained in connection with the 2020 Bonds, fees and
expenses of the Trustee and its counsel and fees and expenses of counsel to the City, Bond
Counsel and Disclosure Counsel, counsel to PHC shall be paid by the City from the proceeds of
the 2020 Bonds or other revenues of the City. Except as indicated above, all out -of-pocket
expenses of the Initial Purchaser, including traveling California Debt and Investment Advisory
Commission fees, any fees charged by the MSRB, and the fees and expenses of counsel to the
Initial Purchaser, shall be paid by the Initial Purchaser. The City acknowledges that it has had an
opportunity, in consultation with such advisors as it may deem appropriate, if any, to evaluate
and consider the fees and expenses being incurred as part of the issuance of the 2020 Bonds.
ARTICLE VI
MISCELLANEOUS
Section 6.01. Benefit of Parties. This Agreement is made solely for the benefit of the
City, the Purchasers and the Initial Purchaser and no other persons, partnership, association or
corporation shall acquire or have any right hereunder or by virtue hereof. All covenants and
representations of the City in this Agreement shall remain operative and in full force and effect
regardless of any investigation made by or on behalf of the Purchasers and the Initial Purchaser
and shall survive the delivery of and payment for the 2020 Bonds.
Section 6.02. Addresses. Any communications hereunder between or among the
parties hereto or notices provided herein to be given may be given to the following addresses:
If to Ambac: AMBAC ASSURANCE CORPORATION
One World Trade Center, 41st Floor
New York, New York 10007
Attention: Lilian Rosen
Arlene Rosado
Email: notices@ambac.com
If to PHC: PRESTON HOLLOW CAPITAL, LLC
1717 Main Street, Suite 3900
Dallas, Texas 75201
Attention:
If to Initial Purchaser: HILLTOP SECURITIES INC.
2533 South Coast Hwy Suite #250, Cardiff, CA 92007
Attention: Mike Cavanaugh, Managing Director
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If to City: CITY OF SAN BERNARDINO, CALIFORNIA
290 North “D” Street, 3r Floor
San Bernardino, CA 92401
Attention: City Attorney’s Office
Telephone: (909) 384-5355
Email: Attorney@SBCity.org
Facsimile: (909) 384-5238
The above is City’s legal address. All notices or other communications r equired or
permitted to be given hereunder shall be in writing and shall be considered as properly given, if
delivered in person, if sent by overnight delivery service, in the event overnight delivery services
are not readily available, if mailed by first class mail, postage prepaid, registered or certified with
return receipt requested or if sent by prepaid mail, facsimile, other direct written electronic
means, or by telecopy confirmed by telephone. Notice so given shall be effective upon receipt by
the addressee, except that a communication or notice so transmitted by telecopy shall be deemed
have been validly and effectively given on the day (if a business day and, if not, on the next
following business day) on which it is transmitted if transmitted befo re 4:00 p.m., recipient’s
time, and if transmitted after that time, on the next following business day; provided, however,
that if any notice is tendered to an addressee and the delivery thereof is refused by such
addressee, such notice shall be effective upon such tender. Any party shall have the right to
change its address for notice hereunder to any other location within the United States by giving
written notice to the other parties in the manner set forth herein above.
Section 6.03. Governing Law. THIS AGREEMENT, SHALL BE GOVERNED BY,
AND CONSTRUED UNDER, THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT
GIVING EFFECT TO CONFLICT OF LAWS PRINCIPLES THEREOF.
Section 6.04. Severability. If any provision of this Agreement is held to be illegal,
invalid or unenforceable, the legality, va lidity and enforceability of the remaining provisions of
this Agreement shall not be affected or impaired thereby and the parties shall endeavor in good
faith negotiations to replace the illegal, invalid or unenforceable provisions with valid provisions
the economic effect of which comes as close as possible to that of the illegal, invalid or
unenforceable provisions. The invalidity of a provision in a particular jurisdiction shall not
invalidate or render unenforceable such provision in any other jurisdict ion.
Section 6.05. Headings. Article, Section and paragraph headings and a table of
contents have been inserted in this Agreement as a matter of convenience for reference only and
it is agreed that such headings are not a part of this Agreement and shall not be used in the
interpretation of any provision of this Agreement.
Section 6.06. Waiver of Jury Trial. TO THE EXTENT PERMITTED BY LAW,
INITIAL PURCHASER, PURCHASERS, AND CITY HEREBY KNOWINGLY,
VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHTS THEY MAY HAVE TO
A TRIAL BY JURY IN RESPE CT OF ANY LITIGATION BASED HEREON, OR ARISING
OUT OF, UNDER, OR IN CONNECTION WITH, THIS Agreement OR ANY OTHER
OPERATIVE DOCUMENT, OR ANY COURSE OF CONDUCT, COURSE OF DEALING,
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55600.00909\32991010.6 16
STATEMENTS (WHETHER VERBAL OR WRITTEN), OR ACTIONS OF INITIAL
PURCHASER, PURCHASERS OR CITY. THIS PROVISION IS A MATERIAL
INDUCEMENT FOR INITIAL PURCHASER, CITY AND PURCHASERS TO ENTER INTO
THIS AGREEMENT.
Section 6.07. Counterparts. This Agreement may be executed in one or more
duplicate counterparts and delivered by facsimile or by a portable do cument format (pdf) via
electronic mail, and when executed and delivered by all the parties listed below, shall constitute
a single binding agreement; signature pages may be detached from multiple separate counterparts
and attached to a single counterpart so that all signatures are physically attached to the same
document. A facsimile or portable document format (pdf) signature page shall constitute an
original for all purposes.
Section 6.08. No Third Party Beneficiaries. Nothing expressed or referred to in this
Agreement will be construed to give any Person, other than the parties hereto, any legal or
equitable right, remedy or claim under or with respect to this Agreement, or any provision of this
Agreement.
Section 6.09. Ratings. In the event that any time after the Closing Date, a Purchaser
wishes to seek a credit rating for the 2020 Bonds, City agrees to cooperate with such rating
request, to execute and deliver any formal request to obtain or maintain a rating, as required by
any rating agency, and to provide any other informatio n required or reasonably requested by any
rating agency to obtain or maintain any ratings; provided that such Purchaser pays, or reimburses
City for all amounts paid, for any and all rating agency fees, costs and/or expenses incurred by
City in cooperating with such rating request, including but not limited to any outside attorneys’
fees and/or fees and costs incurred by consultants, advisors or any other third -party professional
employed or retained by City in the course of, and for the purposes of assisti ng the City in,
cooperating with such rating request.
(Signature Page follows)
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IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
by their officers thereunto duly authorized as of the day and year first above written.
CITY OF SAN BERNARDINO
By:
City Manager
PRESTON HOLLOW CAPITAL, LLC, as
purchaser
By:
Name:
Title:
AMBAC ASSURANCE CORPORATION,
as purchaser
By:
Name:
Title:
HILLTOP SECURITIES INC., as initial
purchaser
By:
Name:
Title:
-Signature Page-
Bond Purchase and Exchange Agreement
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PRIVATE PLACEMENT MEMORANDUM
The 2020 Series A Bonds are offered solely pursuant to the Private Placement Memorandum to a limited number of
“Qualified Institutional Buyers” or “Accredited Investors” within the meaning of the Securities Act of 1933, as amended. By
purchasing the 2020 Series A Bonds, any such purchaser thereof shall be deemed to have had access to such financial and other
information concerning the City and the 2020 Series A Bonds as such purchaser deemed necessary to make an independent
investment decision to purchase the 2020 Series A Bonds, including the opportunity, at a reasonable time prior to such purchase, to
ask questions of and receive answers concerning the City and the terms and conditions of the offering of the 2020 Series A Bonds
and the security therefore.
In making an investment decision, purchasers must rely on their own examination of the City and the terms of the 2020
Series A Bonds, including the merits and risks involved. The information and expression of opinion herein are subject to change
without notice, and neither the delivery of this P rivate Placement Memorandum nor any sale made in connection with the 2020
Series A Bonds shall, under any circumstances, create an implication that there has been no change in the affairs of the issuer since
the date hereof.
NEW ISSUE—BOOK-ENTRY ONLY
$___________
CITY OF SAN BERNARDINO
TAXABLE PENSION OBLIGATION BONDS,
2020 SERIES A
$_____ 2020 Series A-1 Dated: June 15, 2020 Coupon: ____% Yield: _____% Due: December 15, 2046
$_____ 2020 Series A-2 Dated: June 15, 2020 Coupon: ____% Yield: _____% Due: December 15, 2046
The City of San Bernardino (the “City”) is issuing its Taxable Pension Obligation Bonds, Series 2020 (the “2020 Series A
Bonds”) under a Trust Agreement, dated as of October 1, 2005, as supplemented by a First Supplemental Trust Agreement, dated as of
June 15, 2017, and a Second Supplemental Trust Agreement, dated as of May 1, 2020 (col lectively, the “Trust Agreement”), both by and
between the City and Wells Fargo Bank, National Association, as trustee (the “Trustee”), to (i) refund the Commerzbank Note a nd the
Ambac Note, each as defined herein, and causing the cancellation of such Comm erzbank Note and Ambac Note with the exchange of the
2020 Series A Bonds therefor; (ii) pay the costs of issuance related to the 2020 Series A Bonds, and (iii) pay capitalized in terest on the
2020 Series A Bonds. See “Security and Sources of Payment for the 2020 Series A Bonds” herein.
The obligations of the City under the 2020 Series A Bonds, including the obligation to make all payments of interest and
principal when due, are obligations of the City imposed by law and are absolute and unconditional, without any right of set-off or
counterclaim. See “PLAN OF FINANCING” and “SECURITY AND SOURCES OF PAYMENT FOR THE 2020 SERIES A BONDS”
herein.
The 2020 Series A Bonds accrue interest from June 15, 2020 and are payable semiannually on December 15 and June 15 of each
year, commencing December 15, 2020.
The 2020 Series A Bonds are being issued in fully registered form, and when issued will be registered in the name of Cede &
Co., as nominee of The Depository Trust Company (“DTC”). DTC will act as Securities D epository for the 2020 Series A Bonds.
Individual purchases of 2020 Series A Bonds will be made in book-entry form only in denominations of $100,000 principal amount, or any
integral multiple of $1,000 in excess thereof. Purchasers will not receive certi ficates representing their beneficial ownership interest in the
2020 Series A Bonds purchased. See “APPENDIX C — BOOK-ENTRY-ONLY SYSTEM.”
The Bonds are offered , and will be sold, only to a limited number of “Qualified Institutional Buyers” or “Accredited
Investors” within the meaning of the Securities Act of 1933, as amended.
The 2020 Series A Bonds are subject to redemption prior to maturity as described herein. See “THE 2020 SERIES A BONDS —
Redemption Provisions” herein.
THE 2020 SERIES A BONDS DO NOT CONSTITUTE AN OBLIGATION OF THE CITY FOR WHICH THE CITY IS
OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION. NEITHER THE 2020 SERIES A BONDS NOR THE
OBLIGATION OF THE CITY TO MAKE PAYMENTS ON THE 2020 SERIES A BONDS CONSTITUTE AN INDEBTEDNESS OF
THE CITY, THE STATE OF CALIFORNIA OR ANY OF ITS POLITICAL SUBDIVISIONS IN CONTRAVENTION OF ANY
CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION.
This cover page contains information for general reference only. It is not intended to be a summary of the security or
terms of this issue. Investors are advised to read the entire Private Placement Memorandum to obtain information essential to the
making of an informed investment decision. Capitalized terms used on this cover page not otherwise defined will have the
meanings set forth herein.
The 2020 Series A Bonds will be offered when, as and if issued, subject to the approval as to their legality by Best Best & Krieger
LLP, Bond Counsel, and certain other conditions. Columbia Capital Management, LLC. is serving as Municipal Advisor to the City in
connection with the issuance of the 2020 Series A Bonds. It is anticipated that the 2020 Series A Bonds in definitive form will be available
for delivery to DTC in New York, New York on or about July __, 2020.
Dated: ________, 2020
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CITY OF SAN BERNARDINO
Mayor
John Valdivia
City Council
Bessine L. Richard, Sixth District, Mayor Pro-Tem
Theodore Sanchez, First District
Sandra Ibarra, Second District,
Juan Figueroa, Third District
Fred Shorett, Fourth District
Henry Nickel, Fifth District
James L. Mulvilhill, Seventh District
City Officials
Teri Ledoux, City Manager
Paul Espinoza, Finance Director
Genoviva Roca, City Clerk
Sonia Carvalho, Attorney
SPECIAL SERVICES
Bond Counsel
Best Best & Krieger LLP
Riverside, California
Municipal Advisor
Columbia Capital Management, LLC
Glendale, California
Trustee
Wells Fargo Bank, National Association
Los Angeles, California
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TABLE OF CONTENTS
Page
INTRODUCTION ................................................................................................................................................................. 1
General ................................................................................................................................................................... 1
Authority for the 2020 Series A Bonds .................................................................................................................. 1
Purpose ................................................................................................................................................................... 1
Security and Sources of Payment for the 2020 Series A Bonds ............................................................................. 2
Validation ............................................................................................................................................................... 2
Redemption ............................................................................................................................................................ 3
Continuing Disclosure ............................................................................................................................................ 3
Professionals Involved in the Offering ................................................................................................................... 3
Summaries Not Definitive ...................................................................................................................................... 3
HISTORY AND PLAN OF FINANCING ............................................................................................................................ 3
History .................................................................................................................................................................... 3
Plan of Finance ....................................................................................................................................................... 4
ESTIMATED SOURCES AND USES OF FUNDS ............................................................................................................. 5
THE 2020 SERIES A BONDS.............................................................................................................................................. 5
Terms of the 2020 Series A Bonds ......................................................................................................................... 5
Redemption Provisions........................................................................................................................................... 6
Book-Entry System ................................................................................................................................................ 8
Transfer and Exchange of 2020 Series A Bonds .................................................................................................... 8
SECURITY AND SOURCES OF PAYMENT FOR THE 2020 SERIES A BONDS .......................................................... 9
Sources of Payment ................................................................................................................................................ 9
No Reserve Fund .................................................................................................................................................. 10
Additional Bonds.................................................................................................................................................. 10
DEBT SERVICE SCHEDULE ........................................................................................................................................... 11
THE CITY ........................................................................................................................................................................... 12
RISK FACTORS ................................................................................................................................................................. 14
City Bankruptcy; Limitations on Remedies Available ......................................................................................... 14
City System Pension Benefit Liability ................................................................................................................. 15
Infectious Disease Outbreak and Potential Impact of Coronavirus ...................................................................... 16
Seismic, Topographic and Climatic Conditions ................................................................................................... 17
Hazardous Substances .......................................................................................................................................... 17
Articles XIIIC and XIIID of the California Constitution...................................................................................... 18
State Law Limitations on Appropriations ............................................................................................................ 18
Impact of State Budget on City Revenues ............................................................................................................ 18
Assessed Value of Taxable Property .................................................................................................................... 18
Cybersecurity ....................................................................................................................................................... 19
City General Fund Obligations ............................................................................................................................. 19
Changes in Law .................................................................................................................................................... 19
VALIDATION .................................................................................................................................................................... 20
TAX MATTERS ................................................................................................................................................................. 20
CERTAIN LEGAL MATTERS .......................................................................................................................................... 20
CONTINUING DISCLOSURE .......................................................................................................................................... 20
MUNICIPAL ADVISOR .................................................................................................................................................... 20
FINANCIAL STATEMENTS OF THE CITY.................................................................................................................... 21
ABSENCE OF LITIGATION ............................................................................................................................................. 21
RATINGS ........................................................................................................................................................................... 21
MISCELLANEOUS............................................................................................................................................................ 22
APPENDIX A – THE CITY OF SAN BERNARDINO AUDITED FINANCIAL STATEMENTS FOR THE
FISCAL YEARS ENDED JUNE 30, 2018 AND JUNE 30, 2019 ........................................................ A-1
APPENDIX B – SUMMARY OF THE TRUST AGREEMENT ..................................................................................... B-1
APPENDIX C – PROPOSED FORM OF OPINION OF BOND COUNSEL .................................................................. C-1
APPENDIX D – FORM OF CONTINUING DISCLOSURE AGREEMENT ................................................................. D-1
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PRIVATE PLACEMENT MEMORANDUM
$__________
CITY OF SAN BERNARDINO
TAXABLE PENSION OBLIGATION BONDS,
SERIES 2020
INTRODUCTION
This Introduction is subject in all respects to the more complete information contained elsewhere
in this Private Placement Memorandum. Terms used in this Introduction and not otherwise defined will
have the respective meanings assigned to them elsewhere in this Private Placement Memorandum.
IN MAKING AN INVESTMENT DECISION, PURCHASERS MUST RELY ON THEIR OWN
EXAMINATION OF THE CITY AND THE TERMS OF THE 2020 SERIES A BONDS, INCLUDING
THE MERITS AND RISKS INVOLVED. THE INFORMATION AND EXPRESSION OF OPINION
HEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND NEITHER THE DELIVERY OF
THIS PRIVATE PLACEMENT MEMORANDUM NOR ANY SALE MADE IN CONNECTION WITH
THE 2020 SERIES A BONDS SHALL, UNDER ANY CIRCUMSTANCES, CREATE AN
IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE
THE DATE HEREOF.
General
The purpose of this Private Placement Memorandum, which includes the cover page and
appendices hereto, is to set forth certain information concerning the issuance and sale by the City of San
Bernardino (the “City”) of $___________ aggregate principal amount of its Taxable Pensi on Obligation
Bonds, 2020 Series A (the “2020 Series A Bonds”). The 2020 Series A Bonds are issued as two sub -
series, being the “2020 Series A-1 Bonds” and the “2020 Series A-2 Bonds.”
Authority for the 2020 Series A Bonds
The 2020 Series A Bonds are being issued pursuant to Articles 10 and 11 (commencing with
Section 53570) of Chapter 3 of Division 2 of Title 5 of the Government Code of the State of California
(the “State”) and a Trust Agreement, dated as of October 1, 2005 (the “Original Trust Agreement”), as
supplemented by a First Supplemental Trust Agreement, dated as of June 15, 2017 (the “First
Supplemental Trust Agreement”), as further supplemented by a Second Supplemental Trust Agreement,
dated as of July 15, 2020 (the “Second Supplemental Trust Agreement, and together with the Original
Trust Agreement and the First Supplemental Trust Agreement, the “Trust Agreement”), each by and
between the City and Wells Fargo Bank, National Association, as trustee (the “Trustee”).
Purpose
Pursuant to its contract dated March 1, 1945 (as amended to date, and as may further be amended
from time to time, the “CalPERS Contract”) with the Board of Administration of the California Public
Employee’s Retirement System (“CalPERS” or the “System”) and Section 20000 et seq. of the California
Government Code (the “Retirement Law”), the City is obligated to make payments to CalPERS arising as
a result of retirement benefits accruing to members of CalPERS. The City’s obligations under the
Retirement Law include, among others, the requirement to amortize the unfunded accrued actuarial
liability (the “UAAL”) with respect to such retirement benefits.
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The City is issuing the 2020 Series A Bonds to (i) refund the Commerzbank Note and the Ambac
Note, each as defined herein, and cause the cancellation of such Commerzbank Note and Ambac Note,
through the exchange of the 2020 Series A Bonds which will thereby refund a portion of the City’s
obligations to the System under the CalPERS Contract (the “CalPERS Contract Obligations”), eviden cing
the City’s UAAL to the System, (ii) pay the costs of issuance related to the 2020 Series A Bonds, and (iii)
pay capitalized interest on the 2020 Series A Bonds. See “HISTORY AND PLAN OF FINANCING” and
“ESTIMATED SOURCES AND USES OF FUNDS” herein.
Security and Sources of Payment for the 2020 Series A Bonds
In 2005, the City issued its Taxable Pension Obligation Bonds, 2005 Series A (the “2005 Series
A Bonds”), pursuant to the Original Trust Agreement and the laws of the State to refund a portion of the
City’s obligations to CalPERS under the CalPERS Contract, evidencing the City’s unfunded accrued
actuarial liability to the System. The 2005 Series A Bonds were issued in subseries, designated the “2005
Series A-1 Bonds” and the “2005 Series A-2 Bonds” and were initially purchased pursuant to private
placement by Lehman Brothers. Lehman Brothers subsequently resold the bonds at a later time to
institutional investors on the secondary market. Commerzbank Finance & Covered Bond S.A.
(“Commerzbank”) became the principal bondholder of the 2005 Series A-1 Bond. The secondary
purchaser of the 2005 Series A -2 Bonds acquired bond insurance for such bonds from Ambac Assurance
Corporation (“Ambac”). In the course of the City’s bankruptcy, described herein, Ambac an d
Commerzbank accepted a payment stream in the form of notes (the Ambac Note and the Commerzbank
Note, respectively as defined and described below), and in full satisfaction of the payment and
reimbursement obligations of the City with respect to the 2005 Series A Bonds and the Ambac Policy,
respectively. The 2005 Series A-1 Bonds were cancelled. Ambac is obligated to continue to pay debt
service on the 2005 Series A-2 Bonds, which are currently outstanding in the approximate aggregate
principal amount of $_________, and the 2005 Series A-2 Bonds are now non-recourse against the City,
and are not payable under the Trust Agreement See, “HISTORY AND PLAN OF FINANCING,” and
“THE CITY,” herein.
The obligations of the City under the 2020 Series A Bonds, inclu ding the obligation to make all
payments of interest and principal when due, are obligations of the City imposed by law and are absolute
and unconditional, without any right of set-off or counterclaim. See “SECURITY AND SOURCES OF
PAYMENT FOR THE 2020 SERIES A BONDS” herein.
THE 2020 SERIES A BONDS DO NOT CONSTITUTE AN OBLIGATION OF THE CITY
FOR WHICH THE CITY IS OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION.
NEITHER THE 2020 SERIES A BONDS NOR THE OBLIGATION OF THE CITY TO MAKE
PAYMENTS ON THE 2020 SERIES A BONDS CONSTITUTE AN INDEBTEDNESS OF THE CITY,
THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS IN CONTRAVENTION OF ANY
CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION.
No debt service reserve fund has been established for the 2020 Series A Bonds.
The assets of CalPERS do not secure and will not be available to pay principal, premium, if any,
and interest on, the 2020 Series A Bonds.
Validation
The authorization by the City of the issuance of the 2005 Series A Bonds and any Additional
Bonds (as defined herein, and which include the 2020 Series A Bonds) under the Trust Agreement as
obligations of the City imposed by law, and as to the validity and conformity of the 2005 Series A Bonds
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and Additional Bonds (which include the 2020 Series A Bonds) with all applicable provisions of law,
were validated by a judgment of the Superior Court of the State of California in and for the County of San
Bernardino entered on July 11, 2005. The time period for the filing of appeals with respect to the
judgment has expired. No appeals were filed and therefore, the judgment is final. See “VALIDATION”
herein.
Redemption
The 2020 Series A Bonds are subject to redemption as described herein. See “THE 2020 SERIES
A BONDS — Redemption Provisions” herein.
Continuing Disclosure
The City has agreed to provide, or cause to be provided, to the Municipal Securities Rulemaking
Board its annual audited financial statements and, in a timely manner, notice of certain listed events for
purposes of complying with the Continuing Disclosure Agreement, dated as of July 15, 2020, between the
City and the Trustee, as dissemination agent. See “CONTINUING DISCLOSURE” herein and
“APPENDIX D — FORM OF CONTINUING DISCLOSURE AGREEMENT.”
Professionals Involved in the Offering
Best Best & Krieger LLP, Riverside, California, is acting as Bond Counsel with respect to the
2020 Series A Bonds. Certain legal matters will be passed upon for the City by the City Attorney.
Certain legal matters will be passed upon for the Purchasers by their res pective counsel. Columbia
Capital Management, LLC, Glendale, California, is acting as the Municipal Advisor with respect to the
2020 Series A Bonds
Summaries Not Definitive
Brief descriptions of the 2020 Series A Bonds, the City and the Trust Agreement ar e included in
this Private Placement Memorandum and appendices related thereto. Such descriptions do not purport to
be comprehensive or definitive. All references herein to the 2020 Series A Bonds and the Trust
Agreement are qualified in their entirety b y reference to the actual documents, or with respect to the 2020
Series A Bonds, the forms thereof included in the Trust Agreement, copies of all of which are available
for inspection by written request mailed to the City of San Bernardino - Finance Department, 290 North
“D” Street, San Bernardino, California 92401 and will be available upon request and payment of
duplication costs from the Trustee.
HISTORY AND PLAN OF FINANCING
The discussion below refers to transactions described in the Original Trust Agr eement and
certain other documents described herein. Capitalized terms used herein and not otherwise defined shall
have the meanings set forth in the Original Trust Agreement which is summarized in Appendix B hereto.
History
Pursuant to the Original Trust Agreement, the City issued its Taxable Pension Obligation Bonds,
2005 Series A in the initial aggregate principal amount of $50,401,582.90, consisting of 2005 Series A-1
(Standard Bonds) in the initial aggregate principal amount of $36,050,000 (the “2005 Series A-1 Bonds”),
and 2005 Series A-2 (Capital Appreciation Bonds) in the initial aggregate principal amount of
$14,351,582.90 (the “2005 Series A-2 Bonds”), and were initially purchased pursuant to private
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placement by Lehman Brothers . Lehman Brothers subsequently resold the bonds at a later time to
institutional investors on the secondary market. Commerzbank became the principal bondholder of the
2005 Series A-1 Bond. The secondary purchaser of the 2005 Series A -2 Bond acquired bond insurance
from Ambac pursuant to its Financial Guaranty Insurance Policy (the “Ambac Policy”). The Bonds,
including the 2005 Series A-1 Bonds and the 2005 Series A-2 Bonds, together with any Additional
Bonds, were validated pursuant to the Default Judgment in Validation Pr oceeding dated July 11, 2005, in
San Bernardino County Superior Court Case No. SCVSS 125783.
The City filed as a debtor under chapter 9 of title 11 of the United States Code (the “Bankruptcy
Code”), pursuant to a petition filed on August 1, 2012, commencing In re City of San Bernardino,
California, case number 6:12-bk-28006-MJ (the “Bankruptcy Case”) in the United States Bankruptcy
Court for the Central District of California, Riverside Division (the “Bankruptcy Court”). Pursuant to a
Settlement Agreement dated as of March 28, 2016 (the “Settlement Agreement”), and an amended Plan of
Adjustment that incorporated the terms of the Settlement Agreement (the “Bankruptcy Plan”), Ambac
and Commerzbank accepted a payment stream in the total amount set forth in, a nd payable in the
installments described in, the Settlement Agreement in full satisfaction of the payment and reimbursement
obligations of the City with respect to the 2005 Series A Bonds and the Ambac Policy, respectively.
In order to implement the Settlement Agreement, Ambac and Commerzbank agreed to (1) the
cancellation of the 2005 Series A-1 Bonds in exchange for an Additional Bond in the form of a
promissory note to be issued by City and payable to Commerzbank (the “Commerzbank Note”) to
refinance, refund and replace the 2005 Series A-1 Bonds, (2) the amendment of the 2005 Series A-2
Bonds to provide that such 2005 Series A-2 Bonds shall be non-recourse to the City and payable solely
from amounts payable by Ambac pursuant to the Ambac Policy, (3) the is suance of an Additional Bond in
the form of a promissory note by the City payable to Ambac (the “Ambac Note”) in exchange for any
subrogation, reimbursement, or other rights to payment from the City to Ambac in connection with
amounts paid by Ambac under the Ambac Policy with respect to the 2005 Series A-2 Bonds.
Pursuant to the Original Trust Agreement, as amended and supplemented by the First
Supplemental Trust Agreement and the Exchange Agreement (the “Exchange Agreement”) dated June 15,
2017, among the City, Commerzbank, Ambac, and the Trustee, as paying agent thereunder, the City
issued the Commerzbank Note and the Ambac Note and amended the 2005 Series A-2 Bonds. Pursuant
to an Agreement for Purchase and Sale of the Note, dated December 2, 2019 and an Assignment
Agreement, dated December 3, 2019 (the “Assignment Agreement”), each between Commerzbank and
Preston Hollow Capital, LLC (“PHC”), Commerzbank assigned to PHC 100% of the Commerzbank
Note, and the PHC purchased all of Commerzbank’s right title and interest in the Commerzbank Note,
including all rights and claims under and/or pursuant to the Exchange Agreement and the related
documents.
Plan of Finance
The Trust Agreement provides that the City may issue Bonds from time to time for the purpose of
refunding any bonds then outstanding as authorized by a Supplemental Trust Agreement which Bonds
shall be payable from funds payable by the City to the Trustee at such times as specified in the Trust
Agreement and the Supplemental Trust Agreement authorizing such Series of Bonds.
Pursuant to the Bond Purchase, Exchange and Initial Purchaser Agreement, dated as of July 15,
2020 (the “Purchase Agreement”), among the City, PHC, Ambac and Hilltop Securities, Incorporated, the
City, for the purpose of refunding the Commerzbank Note and the Ambac Note, is issuing the 2020 Series
A Bonds and purchasing the Commerzbank Note and the Ambac Note, PHC is purchasing the 2020
Series A-1 Bonds and Ambac is purchasing the 2020 Series A-2 Bonds. The City is purchasing the
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Commerzbank Note by issuing and exchanging the 2020 Series A-1 Bonds therefor and the City is
purchasing the Ambac Note by issuing and exchanging the 2020 Seri es A-2 Bonds therefor. PHC is
purchasing the 2020 Series A-1 Bonds by (a) surrendering and exchanging the Commerzbank Note
therefor, and (b) paying $__________ in cash consideration therefor. Ambac is purchasing the 2020
Series A-2 Bonds by (a) surrendering and exchanging the Ambac Note therefor, and (b) paying
$__________ in cash consideration therefor. Upon the surrender and exchange thereof, the
Commerzbank Note and the Ambac Note will be cancelled and will no longer be Outstanding under the
Trust Agr eement.
Pursuant to the Purchase Agreement, the Initial Purchaser is acting as the City’s agent in the
private placement of the 2020 Series A Bonds with PHC and Ambac.
ESTIMATED SOURCES AND USES OF FUNDS
The estimated sources and uses of funds with respect to the 2020 Series A Bonds are set forth below:
Sources 2020 Series A Bonds
Cash portion of the Purchase Consideration $
Total Sources $
Uses
$
Costs of Issuance Fund*
Capitalized Interest**
Total Uses $
____________________
* Includes Initial Purchaser fees, legal fees, fees of the municipal advisor, the Trustee, and certain
miscellaneous expenses.
** To pay interest on the 2020 Series A Bonds.
THE 2020 SERIES A BONDS
Terms of the 2020 Series A Bonds
2020 Series A Bonds. The 2020 Series A Bonds will be dated June 15, 2020, will be issued only
in fully registered form, in denominations of $100,000 principal amount or any integral multiples of
$1,000 in excess thereof and will mature as one term bond for each subseries on December 15, 2 046, and
bear interest at the rate (based on a 360-day year of twelve 30-day months) stated on the front cover
hereof. Interest on the 2020 Series A Bonds will be payable semiannually on December 15 and June 15
of each year, commencing December 15, 2021 (each, a “Series 2020 Interest Payment Date”).
The 2020 Series A Bonds will bear interest from June 15, 2020, and if interest has not been paid
when due with respect to any Outstanding 2020 Series A Bonds, interest shall be payable from the
Interest Payment Date to which interest has been paid or made available for payment with respect to the
Outstanding 2020 Series A Bonds. Interest on the 2020 Series A Bonds shall be payable from the Interest
Payment Date next preceding the date of issuance thereof, unless such date of execution is on or after the
Record Date and on or prior to such Interest Payment Date, in which case it is payable from such Interest
Payment Date, or unless the date of execution is prior to December 15, 2020, in which case interest is
payable from the June 15, 2020.The principal of, premium, if any, and interest on the 2020 Series A
Bonds shall be payable in lawful money of the United States of America. The interest payable on 2020
Series A Bonds shall be payable on each Interest Payment Date by check mailed by first class mail on
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such Interest Payment Dates by the Trustee to the respective Holder thereof as shown in the books
required to be kept by the Trustee at the close of business as of each Record Date, whether or not such
day is a Business Day (except that in the case of a Holder of one million dollars ($1,000,000) or more in
aggregate principal amount of Outstanding 2020 Series A Bonds, or in the case of a single Holder of all
2020 Series A Bonds then Outstanding, such payment may, at such Holder’s option, be made by wire
transfer of immediately available funds in accordance with written instructions provided by such Holder
to the Trustee prior to the Record Date for such Interest Payment Date), whether or not such day is a
Business Day, and the principal of the 2020 Series A Bonds shall be payable on their respective maturity
date or on prepayment prior thereto upon surrender thereof by the respective Holders thereof at the
Corporate Trust Office of the Trustee. The Trustee may trea t the Holder of any 2020 Series A Bonds as
the absolute Holder of such 2020 Series A Bonds for all purposes, whether or not such 2020 Series A
Bonds shall be overdue, and the Trustee shall not be affected by any knowledge or notice to the contrary;
and payment of the principal of, interest on such 2020 Series A Bonds shall be made only to such Holder
as above provided, which payments shall be valid and effectual to satisfy and discharge the liability
evidenced and represented by such 2020 Series A Bonds to the extent of the sum or sums so paid. For a
further description of the 2020 Series A Bonds, see “— Redemption Provisions” below and
“APPENDIX B — SUMMARY OF THE TRUST AGREEMENT.”
The 2020 Series A Bonds, when issued, will be registered in the name of Cede & Co., as nominee
of The Depository Trust Company, New York, New York (“DTC”). DTC will act as securities
depository of the 2020 Series A Bonds. Ownership interests in the 2020 Series A Bonds may be
purchased in book-entry form only. Purchasers will not receive securities certificates representing their
interests in the 2020 Series A Bonds purchased. Payments of principal or premium, if any, and interest on
the 2020 Series A Bonds will be paid by the Trustee to DTC, which is obligated in turn to remit such
principal or premium, if any, and interest to its DTC Participants for subsequent disbursement to the
Beneficial Owners of the 2020 Series A Bonds.
Pursuant to the Trust Agreement, the 2020 Series A Bonds may be transferred only to a Person
that is either (a) a Qualified Institutional Buyer, or (b) an Accredited Investor. Each Person to whom
ownership of a 2020 Series A Bond is so transferred shall be deemed by the acceptance of such ownership
to have agreed to be bound by such provisions of the Trust Agreement.
“Accredited Investor” means an “accredited investor” as defined in Section 501(a) of Regulation
D promulgated under the Securities Act.
“Qualified Institutional Buyer” means a “qualified institutional buyer” within the meaning of
Rule 144A promulgated under the Securities Act.
“Securities Act” means the Securities Act of 1933, as amended, and the rules, regulations and
published interpretations of the Securities and Exchange Commission promulgated thereunder from time
to time.
Redemption Provisions
Optional Redemption. 2020 Series A Bonds are subject to redemption in whole or in part
at the option of the City on June 15, 2029 or any date thereafter at a redemption price equal to
100% of the principal amount thereof together with interest accrued with respect thereto to the
date fixed for redemption, without premium.
Mandatory Sinking Fund Redemption. The 2020 Series A-1 Bonds are subject to
mandatory sinking fund redemption prior to maturity, in part, on June 15 and December 15 of
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each year commencing June 15, 2021, and on each December 15 and June 15 thereafter to
maturity by lot, from sinking fund payments at a redemption price equal to the principal amount
of such 2020 Series A-1 Bonds to be redeemed, together with accrued interest to the date of
redemption, without premium, as follows:
2020 Series A-1 Bond
Redemption Date Sinking Fund Payment
The 2020 Series A-2 Bonds are subject to mandatory sinking fund redemption prior to
maturity, in part, on June 15 and December 15 of each year commencing June 15, 2021, and on
each December 15 and June 15 thereafter to maturity by lot, from sinking fund payments at a
redemption price equal to the principal amount of such 2020 Series A-2 Bonds to be redeemed,
together with accrued interest to the date of redemption, without premium, as follows:
2020 Series A-2 Bond
Redemption Date Sinking Fund Payment
The amounts in each of the foregoing schedules shall be reduced as described below by
the City as a result of any prior partial optional redemption of the Bonds.
Selection of Bonds for Optional Redemption. If less than all 2020 Series A Bonds are to
be redeemed at any one time, the Trustee shall select the among the 2020 Series A-1 Bonds and
the 2020 Series A-2 Bonds to be redeemed pro-rata among sub-series. For purposes of such
selection, 2020 Series A Bonds of any sub-series shall be deemed to be composed of multiples of
minimum Authorized Denominations and any such multiple may be separately redeemed.
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Purchase In Lieu of Redemption. The City reserves the right at all times to purchase any of its
2020 Series A Bonds on the open market. In lieu of mandatory redemption, the City may surrender to the
Trustee for cancellation 2020 Series A Bonds purchased on the open market, and the 2020 Series A
Bonds shall be cancelled by the Trustee.
Notice of Redemption; Rescission. Notice of redemption of 2020 Series A Bonds shall be mailed
by first-class mail by the Trustee, not less than thirty (30) nor more than sixty (60) days prior to the
redemption date to the respective Holders of the Bonds designated for redemption at their addresses
appearing on the registration books of the Trustee. Each notice of redemption shall state the date of such
notice, the redemption price, if any, (including the name and appropriate address of the Trustee), the
CUSIP and ISIN numbers (if any) of the maturity or maturities, and, if less than all of any such maturity
is to be redeemed, the distinctive certificate numbers of the 2020 Series A Bonds of suc h maturity, to be
redeemed and, in the case of 2020 Series A Bonds to be redeemed in part only, the respective portions of
the principal amount thereof to be redeemed. Each such notice shall also state that on said date there will
become due and payable on each of said 2020 Series A Bonds the redemption price, if any, thereof be
redeemed in part only, the specified portion of the principal amount thereof to be redeemed, together with
interest accrued thereon to the redemption date, and that from and after s uch redemption date interest
thereon shall cease to accrue, and shall require that such 2020 Series A Bonds be then surrendered at the
address of the Trustee specified in the redemption notice. Failure to receive such notice or any defect
therein shall not invalidate any of the proceedings taken in connection with such redemption. In the event
that sufficient funds shall not have been deposited with the Trustee on or before the date fixed for
redemption, the Trustee shall promptly notify the Holders in the same manner in which notice was sent
that such redemption is cancelled and the notice thereof shall be deemed to be cancelled and rescinded.
Any such rescission shall not constitute an Event of Default hereunder. Additionally, each notice of
redemption with respect to 2020 Series A Bonds shall be mailed or delivered by Electronic Means via the
Information Services by the Trustee not less than twenty (20) days prior to the date fixed for redemption.
Effect of Redemption. If notice of redemption has been duly given as aforesaid and money for the
payment of the redemption price of the 2020 Series A Bonds called for redemption is held by the Trustee,
then on the redemption date designated in such notice, 2020 Series A Bonds so called for redemption will
become due and payable, and from and after the date so designated interest on such 2020 Series A Bonds
will cease to accrue, and the Holders of such 2020 Series A Bonds will have no rights in respect thereof
except to receive payment of the redemption price thereof.
Book-Entry System
DTC will act as securities depository for the 2020 Series A Bonds. The 2020 Series A Bonds will
be issued as fully registered bond for each subseries registered in the name of Cede & Co. (DTC’s
partnership nominee). The City and the Trustee cannot and do not give any assurances that DTC, DTC
Participants or others will distribute payments of principal or premium, if any, and interest on the 2020
Series A Bonds paid to DTC or its nominee as the registered owner, or will distribute any redemption
notices or other notices, to the Beneficial Owners, or that they will do so on a timely basis or will serve
and act in the manner described in this Private Placement Memorandum. The City and the Trustee are not
responsible or liable for the failure of DTC or any DTC Participant to make any payment or give any
notice to Beneficial Owner with respect to the 2020 Series A Bonds or an error of delay relating thereto.
Transfer and Exchange of 2020 Series A Bonds
Transfer. Any 2020 Series A Bond and subseries thereof may, in accordance with its terms, be
transferred in the books required to be kept pursuant to the provisions of the Trust Agreement by the
person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such
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2020 Series A Bonds for cancellation at the Corporate Trust Office of the Trustee, accompanied by
delivery of a duly executed written instrument of transfer in a form acceptable to the Trustee. Whenever
any 2020 Series A Bond or subseries thereof shall be surrendered for transfer, the Local Agency shall
execute and the Trustee shall authenticate and deliver to the transferee a new 2020 Series A Bond or 2020
Series A Bonds of the same series and subseries and maturity for a like aggregate principal amount. The
cost of printing 2020 Series A Bonds and any services rendered or expenses incurred by the Trustee in
connection with any transfer shall be paid by the City. The Trustee shall require the payment by the
Holder requesting such transfer of any tax or other governmental charge required to be paid with respect
to such transfer as a condition precedent to the exercise of such privilege. The City and the Trustee may
deem and treat the registered owner of any 2020 Series A Bond and subseries thereof as the absolute
owner of such 2020 Series A Bond and subseries thereof for the purpose of receiving payment thereof and
for all other purposes, whether such 2020 Series A Bonds shall be overdue or not, and neither the City nor
the Trustee shall be affected by any notice or knowledge to the contrary; and payment of the interest on
and principal of and redemption premium, if any, on such 2020 Series A Bonds shall be made only to
such registered owner, which payments shall be valid and effectual to sa tisfy and discharge liability on
such 2020 Series A Bonds to the extent of the sum or sums so paid. The Trustee shall not be required to
register the transfer of or exchange any 2020 Series A Bond or subseries thereof which has been selected
for redemption in whole or in part, from and after the day of mailing of a notice of redemption of such
2020 Series A Bond or subseries thereof selected for redemption in whole or in part as provided in the
Trust Agreement.
Exchange of Bonds. 2020 Series A Bonds or subseries thereof may be exchanged at the
Corporate Trust Office of the Trustee for a like aggregate principal amount of Bonds of the same series
and subseries and maturity of other authorized denominations. The Trustee shall require the payment by
the Holder requesting such exchange of any tax or other governmental charge required to be paid with
respect to such exchange as a condition precedent to the exercise of such privilege. The Trustee shall not
be required to exchange any 2020 Series A Bond or subseries which has been selected for redemption in
whole or in part, from and after the day of mailing of a notice of redemption of such Bond selected for
redemption in whole or in part as provided in the Trust Agreement.
The cost of preparing the 2020 Series A Bonds and any services rendered or expenses incurred by
the Trustee in connection with any transfer or exchange of the 2020 Series A Bonds will be paid by the
City.
SECURITY AND SOURCES OF PAYMENT FOR THE 2020 SERIES A BONDS
Sources of Payment
The obligations of the City under the 2020 Series A Bonds, including the obligation to make all
payments of interest and principal when due, are obligations of the City imposed by law are absolute and
unconditional, without any right of set -off or counterclaim. Debt service is due on the 2020 Series A
Bonds on December 15 and June 15 of each Fiscal Year, as applicable.
Upon their issuance, the 2020 Series A Bonds will be the only Bonds Outstanding under the Trust
Agreement which constitute obligations of the City, a s the 2005 Series A Bonds are non-recourse to the
City as a result of the Bankruptcy Case, the Settlement Agreement and the First Supplemental Trust
Agreement. However, the City, subject to the specific conditions set forth in the Trust Agreement, may
issue Additional Bonds on a parity with the 2020 Series A Bonds in the future. See “INTRODUCTION
— Security and Sources of Payment for the 2020 Series A Bonds” and see “—Additional Bonds” below
for information regarding Additional Bonds that may be issued on a parity with the 2020 Series A Bonds.
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Additionally, the City may issue other obligations payable from its general fund. See “RISK FACTORS
– City General Fund Obligations,” herein.
For more information regarding the Bond Fund and additional funds established under the Trust
Agreement, see “APPENDIX B — SUMMARY OF THE TRUST AGREEMENT.”
THE 2020 SERIES A BONDS DO NOT CONSTITUTE AN OBLIGATION OF THE CITY
FOR WHICH THE CITY IS OBLIGATED TO LEVY OR PLEDGE ANY FORM OF TAXATION.
NEITHER THE 2020 SERIES A BONDS NOR THE OBLIGATION OF THE CITY TO MAKE
PAYMENTS ON THE 2020 SERIES A BONDS CONSTITUTES AN INDEBTEDNESS OF THE
CITY, THE STATE OR ANY OF ITS POLITICAL SUBDIVISIONS IN CONTRAVENTION OF ANY
CONSTITUTIONAL OR STATUTORY DEBT LIMITATION OR RESTRICTION.
No Reserve Fund
No debt service reserve fund has been established for the 2020 Series A Bonds.
Additional Bonds
The Trust Agreement provides that the City may at any time issue Additional Bon ds (“Additional
Bonds”), but only subject to the conditions precedent to such issuance established under the Trust
Agreement for (i) the purpose of satisfying any obligation of the City to make payments to the System
pursuant to the Retirement Law relating to pension benefits accruing to the System’s members, and/or for
payment of all costs incidental to or connected with the issuance of Additional Bonds for such purpose,
and/or (ii) the purpose of refunding any Bonds then Outstanding, including payment of all costs incidental
to or connected with such refunding. Any Additional Bonds issued by the City will be on parity with the
2020 Series A Bonds. The 2020 Series A Bonds constitute Additional Bonds under the Trust Agreement.
For more information regarding the issuance of additional bonds, see “APPENDIX B — SUMMARY OF
THE TRUST AGREEMENT — Additional Bonds.”
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DEBT SERVICE SCHEDULE
The following table sets forth the annual debt service schedule for the 2020 Series A Bonds
(assuming no optional redemptions).
2020 Series A Bonds
Fiscal Year
Ending June 30
A-1 Bonds
Principal
A-1 Bonds
Interest
A-2 Bonds
Principal
A-2 Bonds
Interest
Total Fiscal
Year Debt
Service
____________________
Source: The City and the Initial Purchaser
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THE CITY
IN MAKING AN INVESTMENT DECISION, PURCHASERS MUST RELY ON THEIR OWN
EXAMINATION OF THE CITY AND THE TERMS OF THE 2020 SERIES A BONDS, INCLUDING
THE MERITS AND RISKS INVOLVED. THE INFORMATION AND EXPRESSION OF OPINION
HEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND NEITHER THE DELIVERY OF
THIS PRIVATE PLACEMENT MEMORANDUM NOR ANY SALE MADE IN CONNECTION WITH
THE 2020 SERIES A BONDS SHALL, UNDER ANY CIRCUMSTANCES, CREATE AN
IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE
THE DATE HEREOF.
The City of San Bernardino, incorporated as a Charter City in 1854, is located in Southern
California, approximately 60 miles east of Los Angeles and 55 miles west of Pa lm Springs. The City has
a land area of approximately 59.3 square miles and population of over 213,000. The City is the County
Seat of San Bernardino County, the largest county in the nation. Along with adjacent Riverside County,
these two counties compris e what is called the “Inland Empire”, so-named because it formerly was a vast
agriculture domain (primarily citrus). This area is immediately east of the Los Angeles/Orange County
metropolitan area.
The City operates under a Council-Manager form of government. Under this governance plan, the
elected Mayor and City Council appoints a full-time professional City Manager responsible for the day-
to-day administration of City government. The Mayor and City Council represent the legislative branch of
the government and are responsible for setting City policy and allocating resources. The City Manager
and staff represent the executive branch of the government and are tasked with recommending policy and
implementing the Mayor and City Council’s direction. Each City department, office, and agency is
administered by an executive appointed by and subject to the direction and supervision of the City
Manager, except the Offices of the Council, Mayor, City Attorney and City Clerk, the Library Board of
Trustees, and the Water Board, which are administered by their respective executive officers. The City
Attorney, City Clerk, and City Manager work directly for the entire City Council and receive direction
only from the full body, acting by majority vote, conducted at a publically noticed meeting.
The City provides a broad range of services, including public safety, water and sewer,
infrastructure and highway maintenance, recreational activities, and cultural events. The City contracts
with the San Bernardino County Fire Protection District for fire protection and emergency medical aid
services.
As reported in the audited financial statements of the City for Fiscal Year ending June 30, 2019,
the City suffered severe economic set-backs as a result of the Great Recession over a decade ago, and the
City filed bankruptcy in 2012. Additionally, the State’s dissolution of redevelopment agencies statewide
resulted in additional financial hardship to the City. The City’s financial conditions have recovered
slowly. However, the City’s financial position has improved over the last five years. Taxable values of
property within the City have increased. Specifically, the City of San Bernardino experienced a net
taxable value increase of 9.5% for the fiscal year 2019-20, which was greater than the expected growth of
6.5% countywide. The assessed value increase between 2018-19 and 2019-20 was $1.3 billion.
Median home prices in the City have continued to rise in the value of single-family properties in
the community. From 2018 to 2019, the median home price increased 7.4% to a median home value of
$290,000.
Development activities in the City continue to be robust and active as developers see the
advantage of developing in this centralized location in the Inland Empire. Development on and around
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the San Bernardino International Airport (SBIA) continues to grow as a major logistics hub in Southern
California. There have been over 15 million square feet of distribution, logistics and fulfillment centers
constructed around SBIA over the last decade and an additional 3.3 million square feet are either under
construction or are planned for development in this area of the City. Some of the major land owners and
tenants in this area include Amazon.com, Stater Bros. Markets, Kohl’s, Trader Joe’s, Mattel and
PepBoys.
Development in the Hospitality Lane area just north of the 10 Freeway has seen interest from the
hotel industry. The Double Tree Hotel just completed a multi-million dollar remodel to their hotel and
the La Quinta Inn and Suites finis hed the development of their new hotel just next door. There are also
three additional mid-range hotels that are also slated for development over the next two years. To date,
the City has not seen a slowdown in these development activities.
As reported in the City’s Fiscal Year 2020-2021 Budget report, the City faces the same
challenging economic environment as other jurisdictions throughout the country as a result of the
COVID-19 pandemic. The loss of revenue related to the pandemic has and will continue to have
significant impacts on the City’s ability to maintain existing levels of service to its residents. Since the
County ordered a Shelter in Place order in March of this year, the City has seen retail stores, hotels, and
restaurants close their doors completely as the community struggles to adapt to this extraordinary
challenge. The City has seen its daytime population drop as workers and visitors observe the stay-at-home
orders, telework and limit their movements to slow the spread of the virus. T he swift reaction by
consumers and businesses to the outbreak of the COVID -19 pandemic and the stay-at-home orders has
resulted in significantly decreased spending on certain goods and services.
As reported in the COVID-19 operations and revenue update presented to the Mayor and City
Council on April 15, 2020, it is anticipated that the City’s General Fund revenue projections presented in
the Mid-year report on February 19, 2020, will decline by $5.19 million in the current fiscal year. The
decline in the City’s revenues from fees for services, sales tax remittance and transient occupancy taxes
are expected to continue through fiscal year 2020-21. Revenue projections have been reduced in total by
7% compared to pre-COVID projections. The City has used existing reserves to cover all expenses as a
result of the revenue shortfall.
The fiscal year 2020-21 Budget adopted by the City reflects an operating deficit of $10.3 million.
The proposed budget reflects the cost of providing services at pre-COVID levels and does not include any
additional services or programs.
The City has identified $7,251,974 in deficit reduction strategies for the City Council’s
consideration including: 1) addition of new revenue sources from cannabis business tax and revenues
from the City’s master fee schedule update, 2) savings from holding a number of positions vacant and
reducing or eliminating operational expenditures including education and training, and 3) the use of
available one-time funds resulting from audits of various City funds. The City will consider other cost
reductions including possible concessions from each of the City’s employee bargaining groups and
additional lay-offs. It is also important to note that the City continues to seek supplemental funding at the
State and Federal levels to offset revenue losses and cover COVID-19 related expenditures.
The City believes that the unique nature of the economic downturn resulting from the COVID -19
pandemic warrants consideration of the use of one-time funds to preserve services where possible with
the expectation that the economy will begin to recover as the City progresses to fiscal year 2021 -22. The
City expects to experience continued declines in sales tax and transient occupancy tax revenues, however,
the City also expects that it will receive additional revenue in two areas to assist in reducing next year’s
budget deficit, being: 1) cannabis tax revenue; and 2) fee recovery revenue. The City’s General Fund
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reserves are diminishing and are projected to be $24.2 million as of June 30, 2020. There has been a total
drawdown of $14.8 since 2018 (including the $5.1 million loss of revenue related to COVID -19 impacts
this fiscal year). The reserve fund balance is less than twenty-five percent (25%) of the City’s General
Fund expenditures. Continued use of reserves to balance the operating budget will hinder the City’s
ability to address future unanticipated losses in revenue.
Information regarding the City in this Private Placement Memorandum is limited to the
discussion in this Section and in APPENDIX A – THE CITY OF SAN BERNARDINO AUDITED
FINANCIAL STATEMENTS FOR THE FISCAL YEARS ENDED JUNE 30, 2018 AND JUNE 30,
2019.
RISK FACTORS
The following information should be considered by potential investors in evaluating the 2020
Series A Bonds. However, it does not purport to be an exhaustive list of the risks or other considerations
which may be relevant to an investment in the 2020 Series A Bonds. In addition, the order in which the
following information is presented is not intended to reflect the relative importance of any such risks.
THE 2020 SERIES A BONDS ARE OFFERED SOLELY PURSUANT TO THE PRIVATE
PLACEMENT MEMORANDUM TO A LIMITED NUMBER OF “QUALIFIED INSTITUTIONAL
BUYERS” OR “ACCREDITED INVESTORS” WITHIN THE MEANING OF THE SECURITIES ACT
OF 1933, AS AMENDED. BY PURCHASING THE 2020 SERIES A BONDS, ANY SUCH
PURCHASER THEREOF SHALL BE DEEMED TO HAVE HAD ACCESS TO SUCH FINANCIAL
AND OTHER INFORMATION CONCERNING THE CITY AND THE 2020 SERIES A BONDS AS
SUCH PURCHASER DEEMED NECESSARY TO MAKE AN INDEPENDENT INVESTMENT
DECISION TO PURCHASE THE 2020 SERIES A BONDS, INCLUDING THE OPPORTUNITY, AT
A REASONABLE TIME PRIOR TO SUCH PURCHASE , TO ASK QUESTIONS OF AND RECEIVE
ANSWERS CONCERNING THE CITY AND THE TERMS AND CONDITIONS OF THE OFFERING
OF THE 2020 SERIES A BONDS AND THE SECURITY THEREFORE.
IN MAKING AN INVESTMENT DECISION, PURCHASERS MUST RELY ON THEIR OWN
EXAMINATION OF THE CITY AND THE TERMS OF THE 2020 SERIES A BONDS, INCLUDING
THE MERITS AND RISKS INVOLVED. THE INFORMATION AND EXPRESSION OF OPINION
HEREIN ARE SUBJECT TO CHANGE WITHOUT NOTICE, AND NEITHER THE DELIVERY OF
THIS PRIVATE PLACEMENT MEMORANDUM NOR ANY SALE MADE IN CONNECTION WITH
THE 2020 SERIES A BONDS SHALL, UNDER ANY CIRCUMSTANCES, CREATE AN
IMPLICATION THAT THERE HAS BEEN NO CHANGE IN THE AFFAIRS OF THE ISSUER SINCE
THE DATE HEREOF
City Bankruptcy; Limitations on Remedies Available
The City filed as a debtor under the Bankruptcy Code pursuant to a petition filed on August 1,
2012, commencing In re City of San Bernardino, California, case number 6:12 -bk-28006-MJ (the
“Bankruptcy Case”) in the United States Bankruptcy Court for the Central District of California,
Riverside Division (the “Bankruptcy Court”). Pursuant to a Settlement Agreement dated as of March 28,
2016 (the “Settlement Agreement”), and an amended Plan of Adjustment that incorporated the terms of
the Settlement Agreement (the “Bankruptcy Plan”). As par t of the Bankruptcy Plan, many creditors of
the City were subject to the reduction and restructuring of their debt.
The enforceability of the rights and remedies of the Holders and the obligations of the City may
become subject to the following: the federal bankruptcy code and applicable bankruptcy, insolvency,
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reorganization, moratorium, or similar laws relating to or affecti ng the enforcement of creditors’ rights
generally, now or hereafter in effect; usual equitable principles which may limit the specific enforcement
under state law of certain remedies; the exercise by the United States of America of the powers delegated
to it by the Federal Constitution; and the reasonable and necessary exercise, in certain exceptional
situations, of the police power inherent in the sovereignty of the State of California and its governmental
bodies in the interest of servicing a significant and legitimate public purpose.
In addition to the limitation on remedies contained in the Trust Agreement, the rights and
remedies provided in the Trust Agreement may be limited by and are subject to the provisions of federal
bankruptcy laws. The City is a governmental unit and therefore cannot be the subject of an involuntary
case under the Bankruptcy Code. However, the City is a mu nicipality and therefore may seek voluntary
protection from its creditors pursuant to Chapter 9 of the Bankruptcy Code for purposes of adjusting its
debts. If the City were to become a debtor under the Bankruptcy Code, the City would be entitled to all
of the protective provisions of the Bankruptcy Code as applicable in a Chapter 9 case. Such a bankruptcy
could adversely affect the payments under the Trust Agreement. Among the adverse effects might be: (i)
the application of the automatic stay provisions of the Bankruptcy Code, which, until relief is granted,
would prevent collection of payments from the City or the commencement of any judicial or other action
for the purpose of recovering or collecting a claim against the City and could prevent the Trust ee from
making payments from funds in its possession; (ii) the avoidance of preferential transfers occurring
during the relevant period prior to the filing of a bankruptcy petition; (iii) the existence of other debt
which may have priority of payment super ior to that of the Holders of the 2020 Series A Bonds; and (iv)
the possibility of the adoption of a plan (the “Plan”) for the adjustment of the City's debt without the
consent of the Trustee or all of the Holders of the 2020 Series A Bonds, which Plan may restructure,
delay, compromise or reduce the amount of any claim of the Holders if the Bankruptcy Court finds that
the Plan is fair and equitable and in the best interests of creditors.
Past bankruptcies in the City of Stockton, the City and the City of D etroit brought scrutiny to
municipal securities. Specifically, in the City’s bankruptcy, the Court held that in the event of a
municipal bankruptcy, payments on pension obligation bonds, such as the 2020 Series A Bonds, were
unsecured obligations and not entitled to the same priority of payments made to the related pension
system. A variety of events including, but not limited to, additional rulings adverse to the interests of
bond owners in the Stockton, the City and Detroit bankruptcy cases or additional municipal bankruptcies,
could prevent or materially adversely affect the rights of Holders to receive payments on the 2020 Series
A Bonds in the event the City files for bankruptcy. Accordingly, in the event of bankruptcy, it is likely
that Holders may not recover their principal, as applicable, and interest.
The opinions of counsel, including Bond Counsel, delivered in connection with the issuance and
delivery of the 2020 Series A Bonds will be so qualified. Bankruptcy proceedings, or the exercising of
powers by the federal or state government, if initiated, could subject the Holders to judicial discretion and
interpretation of their rights in bankruptcy or otherwise and consequently may entail risks of delay,
limitation, or modification of their rights.
City System Pension Benefit Liability
Many factors influence the amount of the City’s pension benefit liability, including, without
limitation, inflationary factors, changes in statutory provisions of the Retirement Law, changes in the
levels of benefits provided or in the contribution rates of the City, increases or decreases in the number of
covered employees, changes in actuarial assumptions or methods, and differences between actual and
anticipated investment performance of CalPERS. Any of these factors could give rise to additional
liability of the City to CalPERS as a result of which the City would be obligated to make additional
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payments to CalPERS over the amortization schedule for full funding of the City’s obligation to
CalPERS.
Infectious Disease Outbreak and Potential Impact of Coronavirus
The City’s operations and financial results could be harmed by a national or localized outbreak of
a highly contagious or epidemic disease, such as the current COVID -19 pandemic. The City cannot
predict any costs associated with the potential treatment of an infectious disease outbreak or preparation
for such treatment.
The spread of the novel strain of coronavirus called COVID-19 (“COVID-19”) is having
significant negative impacts throughout the world, including in the City. The World Health O rganization
has declared the COVID-19 outbreak to be a pandemic, and states of emergency have been declared by
the United States, the State and the City. The purpose behind these declarations is to coordinate and
formalize emergency actions across federal, state and local governmental agencies, and to proactively
prepare for a wider spread of the virus.
Potential impacts to the City associated with the COVID-19 outbreak include, but are not limited
to, disruption of the regional and local economy with corresponding decreases in the City’s revenues from
property tax, documentary transfer tax, sales tax, transient occupancy tax revenues and investment
income, and increased costs of City operations.
Governor Newsom has announced a one-year sales tax reprieve for small business, which the
City estimated will have a negative impact on the City’s General Fund. Other initiatives that may be
adopted by the federal or State governments in response to the pandemic may have various levels of
negative impact on the City’s revenues. In addition, there is uncertainty regarding the impacts on the City
of the Governor’s release of the revised State budget in May 2020, which is expected to be further revised
in August 2020 in order to account for the extended personal inco me tax return filing deadlines. In
addition, CalPERS has reportedly lost significant value in its investments as a result of declines in the
stock market, which could result in a significant increase in the City’s unfunded pension liability and
future pension costs, commencing in Fiscal Year 2022-23. Preliminary unemployment data for May 2020
reflect sharp increases in the unemployment rate related to COVID-19 business closures. According to the
U.S. Bureau of Labor Statistics, the unemployment rate in t he United States rose by 0.9% in March, to
4.4%. According to the California Economic Development Department, California’s unemployment rate
rose from 4.2% in 2019 to 15.5% in April 2020. Further increases are expected as the pandemic
continues, which the City expects will have an adverse effect on its revenues.
As reported in the COVID-19 operations and revenue update presented to the Mayor and City
Council on April 15, 2020, it is anticipated that the City’s General Fund revenue projections presented i n
the Mid-year report on February 19, 2020, will decline by $5.19 million in the current fiscal year. The
decline in the City’s revenues from fees for services, sales tax remittance and transient occupancy taxes
are expected to continue through fiscal yea r 2020-21. Revenue projections have been reduced in total by
7% compared to pre-COVID projections. The City has used existing reserves to cover all expenses as a
result of the revenue shortfall. See, “THE CITY,” herein.
The fiscal year 2020-21 Budget adopted by the City reflects an operating deficit of $10.3 million.
The proposed budget reflects the cost of providing services at pre-COVID levels and does not include any
additional services or programs. There can be no assurances that the spread of COVID-19 will not
materially impact the local, state and national economies and, accordingly, materially adversely impact
the General Fund. The Coronavirus public health emergency is altering the behavior of businesses and
people in a manner that will have negative impacts on global and local economies, including the economy
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of the City and the State. The City cannot predict the impact of COVID-19 on the City’s operations and
finances.
Seismic, Topographic and Climatic Conditions
The financial stability of the City can be adversely affected by a variety of factors, particularly
those that may affect infrastructure and other public improvements and private improvements and the
continued habitability and enjoyment of such improvements. Such additional factors include, without
limitation, geologic conditions (such as earthquakes), topographic conditions (such as earth movements
and floods) and climatic conditions (such as droughts, floods and wildfires).
The area encompassed by the City, like that in much of California, may be subject to
unpredictable seismic activity. There are a number of known active or potentially active faults that
traverse through portions of the City, including the San Jacinto Fault and the San Andreas Fault. The City
takes proactive steps to mitigate the impacts (including economic) of emergencies and disasters through
coordinated planning, preparedness, response and recovery efforts, however, if there were to be an
occurrence of severe seismic activity in or a round the City, the City could be adversely affected from a
reduction in assessed values of property in the City.
Building codes require that some of these factors be taken into account, to a limited extent, in the
design of improvements. Some of these factors may also be taken into account, to a limited extent, in the
design of other infrastructure and public improvements neither designed nor subject to design approval by
the City. Design criteria in any of these circumstances are established upon the basis of a variety of
considerations and may change, leaving previously-designed improvements unaffected by more stringent
subsequently established criteria. In general, design criteria reflect a balance at the time of protection and
the future costs of lack of protection, based in part upon a present perception of the probability that the
condition will occur and the seriousness of the condition should it occur. Conditions may occur and may
result in damage to improvements of varying seriousness, such that the damage may entail significant
repair or replacement costs and that repair or replacement may never occur either because of the cost or
because repair or replacement will not facilitate habitability or other use, or because other considerations
preclude such repair or replacement. Under any of these circumstances, the actual value of public and
private improvements within the City in general may well depreciate or disappear, notwithstanding the
establishment of design criteria for any such condition.
The C ity, and all of Southern California, experienced a severe drought between 2011 and 2015.
In addition, in recent years, wildfires have caused extensive damage throughout the State, including
within the City. Certain of these fires have burned thousands of acres and destroyed hundreds and in
some cases thousands of homes. In some instances, entire neighborhoods have been destroyed. Several
fires which occurred in recent years damaged or destroyed property in areas that were not previously
considered to be at risk from such events.
From time to time, the City is subject to other natural calamities which could adversely affect
economic activity in the City, and which could have a negative impact on the general economy and the
values of properties in the City. There can be no assurance that the occurrence of any natural calamity,
such as earthquake, flooding or wildfire, would not cause substantial reduction business and economic
development in the City, resulting in a reduction in assessed values of property in the City.
Hazardous Substances
The discovery of hazardous substances on parcels of property within the City may limit the
beneficial use of taxable property within the City and may result in the reduction in the assessed value of
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such property. In general, the owners and operators of a property may be required by law to remedy
conditions of the property relating to releases or threatened releases of hazardous substances whether or
not the owner or operator has anything to do with creating or handl ing the hazardous substance. The
effect, therefore, should any of the property within the City be affected by a hazardous substance, could
be to reduce the marketability and value of the property by the costs of remedying the condition.
Reduction in the value of property in the City could reduce property tax revenues received by the City and
deposited in the General Fund, which could significantly and adversely affect the ability of the City to
make payments on the 2020 Series A Bonds.
Articles XIIIC and XIIID of the California Constitution
See “CONSTITUTIONAL AND STATUTORY LIMITATIONS ON TAXES AND
APPROPRIATIONS — Articles XIIIC and XIIID of the State Constitution,” for information about
certain risks to the City’s General Fund revenues under Articles XII IC and Article XIIID of the California
Constitution.
State Law Limitations on Appropriations
Article XIIIB of the California Constitution limits the amount that local governments can
appropriate annually. The ability of the City to make debt service payments on the 2020 Series A Bonds
may be affected if the City should exceed its appropriations limit. The State may increase the
appropriation limit of local agencies within the State, including the City, by decreasing its own
appropriation limit. The City does not anticipate exceeding its appropriations limit.
Impact of State Budget on City Revenues
The City cannot predict what actions will be taken in future years by the State Legislature and th e
Governor to address future State budget deficits, if any. Future State budgets will be affected by national
and state economic conditions and other factors over which the City has no control. To the extent that the
State budget process results in reduced revenues to the City, the City will be required to make adjustments
to its budget, which could adversely affect the ability of the City to make payments on the 2020 Series A
Bonds.
Assessed Value of Taxable Property
Property taxes account for a significant portion of General Fund revenues. Natural and economic
forces can affect the assessed value of taxable property within the City. The City is located in a
seismically active region, and damage from an earthquake in or near the area could cause moderate to
extensive damage to taxable property. In addition to s eismic, topographic and climatic conditions, other
natural or manmade disasters, such as flood, fire, ongoing drought, toxic dumping or acts of terrorism,
could cause a reduction in the assessed value of taxable property within the City. Economic and market
forces, such as a downturn in the regional economy generally, can also affect assessed values, particularly
as these forces might reverberate in the residential housing and commercial property markets. In addition,
the total assessed value can be reduced t hrough the reclassification of taxable property to a class exempt
from taxation, whether by ownership or use (such as exemptions for property owned by State and local
agencies and property used for qualified educational, hospital, charitable or religious p urposes).
Reductions in the market values of taxable property may cause property owners to appeal
assessed values and may also be associated with an increase in delinquency rates for taxes. Section 2(b) of
Article XIIIA of the California Constitution and S ection 51 of the California Revenue and Taxation Code,
which follow from “Proposition 8,” require the County assessor to annually enroll either a property’s
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adjusted base year value (its “Proposition 13 Value”) or its current market value, whichever is les s. When
the current market value replaces the higher Proposition 13 Value on the assessor's roll, that lower value
is referred to as its “Proposition 8 Value.” Although the annual increase for a Proposition 13 Value is
limited to no more than 2%, the same restriction does not apply to a Proposition 8 Value. The Proposition
8 Value of a property is reviewed annually as of January 1; the current market value must be enrolled as
long as the Proposition 8 Value falls below the Proposition 13 Value. Thus, any su bsequent increase or
decrease in market value is enrolled regardless of any percentage increase or decrease. Only when a
current Proposition 8 Value exceeds its Proposition 13 Value attributable to a piece of property (adjusted
for inflation) does the City assessor reinstates the Proposition 13 Value.
Decreases in the aggregate value of taxable property within the City resulting from natural
disaster or other calamity, reclassification by ownership or use, or as a result of the operation of
Proposition 8 all may have an adverse impact on the General Fund revenues available to make debt
service payments on the 2020 Series A Bonds.
In addition, failure by large property owners to pay property taxes when due may also cause a
decrease in General Fund revenues available to make debt service payments on the 2020 Series A Bonds.
Cybersecurity
As a recipient and provider of personal, private and sensitive information, the City faces multiple
cyber threats including, but not limited to, hacking, viruses, malware and other attacks on computers and
other sensitive digital networks and systems. Entities or individuals may attempt to gain unauthorized
access to the City’s digital systems for the purposes of misappropriating assets or information or causing
operational disruption and damage. The City has not experienced an attack on its computer operating
systems within the last five years which resulted in a breach of its cybersecurity systems. However, no
assurances can be given that the City’s efforts to manage cyber threats and attacks will be successful or
that any such attack will not materially impact the operations or finances of the City.
City General Fund Obligations
On January 9, 2018, the City caused to be issued $4,414,002 of San Bernardino Joint Powers
Authority 2018 Lease Revenue Refunding Bonds (the “2018 Bonds”) to defease and refund all of the
City’s outstanding Lease Revenue Refunding Bonds (City Hall Project), Series 1996 Bonds. The 2018
Bonds are secured by lease payments to be made by the City under a Lease Agreement, dated as of
January 1, 2018, between the City and the San Bernardino Joint Powers Authority. Annual debt service
on the 2018 Bonds is approximately $992,000 and the 2018 Bonds mature in 2023.
In addition to Additional Bonds which may be issued under the Trust Agreement, the City has the
ability to obligate its general fund to finance facilities and equipment for the City under separate
documents. Holders of the 2020 Series A Bonds do not have consent rights or any other ability to prevent
the City from otherwise obligating the general fund under separate documents.
Changes in Law
The State Legislature may in the future enact legislation that will amend or create laws resulting
in a reduction of moneys securing or available to pay the 2020 Series A Bonds. Similarly, the State
electorate could adopt initiatives or the State Legislature could adopt legislation with the approval of the
electorate amending the State Constitution which could have the effect of reducing moneys securing or
available to pay the 2020 Series A Bonds.
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VALIDATION
In 2005, the City, acting pursuant to the provisions of Section 860 et seq. of the California Code
of Civil Procedure and Section 53511 et seq. of the California Government Code, filed a complaint in the
Superior Court of the State of California for the County of San Bernardino seeking judicial validation of
the 2005 Series A Bonds and all Additional Bonds (which include the 2020 Series A Bonds) and certain
other matters, including the Original Trust Agreement. On July 11, 2005 in San Bernardino County
Superior Court Case No. SCVSS 125783, the court entered a default judgment to the effect that, among
other things, the City’s 2005 Series A Bonds and all Additional Bonds (which include the 2020 Series A
Bonds) are valid, legal and binding obligations of the City not subject to the debt limitation provided in
Article XVI, Section 18 of the State Constitution and that the City’s 2005 Series A Bonds and all
Additional Bonds (which include the 2020 Series A Bonds) are valid and in conformity with all
applicable provisions of law. The Original Trust Agreement was also the subject of the default judgment.
The time period for the filing of appeals with respect to the judgment has expired. No appeals were filed
and ther efore, the judgment is final. In issuing its opinion as to the validity of the 2020 Series A Bonds,
Bond Counsel will rely upon the entry of the foregoing default judgment.
TAX MATTERS
In the opinion of Best Best & Krieger LLP, Bond Counsel to the City, b ased upon an analysis of
existing laws, regulations, rulings and court decisions, and assuming, among other matters, the accuracy
of certain representations and compliance with certain covenants, interest on the 2020 Series A Bonds is
exempt from State of California personal income taxes. Bond Counsel observes that interest on the 2020
Series A Bonds is not excluded from gross income for federal income tax purposes under Section 103 of
the Internal Revenue Code of 1986 (the “Code”). Bond Counsel expresses no opinion regarding any
other tax consequences relating to the ownership or disposition of, or the amount, accrual, or receipt of
interest on, the 2020 Series A Bonds. The proposed form of opinion of Bond Counsel is contained in
Appendix C hereto.
CERTAIN LEGAL MATTERS
Legal matters incident to the authorization, issuance, sale and delivery by the City of the 2020
Series A Bonds are subject to the approving opinion of Best Best & Krieger LLP, Riverside, California,
as Bond Counsel. A copy of the proposed form of Bond Counsel opinion is contained in Appendix C
hereto. Certain legal matters will be passed upon for the Purchasers by their respective counsel.
CONTINUING DISCLOSURE
The City has covenanted for the benefit of the Holders and Beneficial Owners of the 2020 Series
A Bonds to comply with the Rule and will enter the Continuing Disclosure Agreement , pursuant to
which it will covenant to provide its audited financial statements and information regarding certain listed
events, if any such events should occur, to the Municipal Securities Rulemaking Board’s Electronic
Municipal Market Access system, or any successor thereto, during the term of the 2020 Series A Bonds.
See “APPENDIX D — FORM OF CONTINUING DISCLOSURE AGREEMENT.”
MUNICIPAL ADVISOR
The City has retained the services of Columbia Capital Management, LLC, Glendale, California,
as Municipal Advisor (the “Municipal Advisor”) in connection with the issuance of the 2020 Series A
Bonds. The Municipal Advisor is not obligated to undertake, and has not undertaken to make, an
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independent verification or to assume responsibility for the accuracy, completeness or fairness of the
information contained in this Private Placement Memorandum.
FINANCIAL STATEMENTS OF THE CITY
The general purpose financial statements of the City, which are included in Appendix A to this
Private Placement Memorandum, have been audited by The Pun Group, LLP, independent certified public
accountants (the “Auditor”), as stated in their report appear ing in Appendix A. The Auditor has not
consented to the inclusion of its report as Appendix A and has not undertaken to update its report or to
take any action intended or likely to elicit information concerning the accuracy, completeness or fairness
of t he statements made in this Private Placement Memorandum, and no opinion is expressed the Auditor,
with respect to any event subsequent to its report dated January 28, 2020.
ABSENCE OF LITIGATION
To the best knowledge of the City, there is no action, suit or proceeding pending or threatened
either restraining or enjoining the execution or delivery of the 2020 Series A Bonds or the Second
Supplemental Trust Agreement, or in any way contesting or affecting the validity of the 2020 Series A
Bonds or the Trust Agreement or any proceedings of the City taken with respect to any of the foregoing.
Although the City may, from time to time, be involved in legal or administrative proceedings
arising in the ordinary course of its affairs, it is the opinion of the City t hat any currently-pending or
known threatened proceedings will not materially affect the City’s finances or impair its ability to meet its
obligations.
RATINGS
The 2020 Series A Bonds are not rated by any Rating Agency.
[Remainder of page intentionally left blank]
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MISCELLANEOUS
References are made herein to certain documents and reports which are brief summaries thereof
which do not purport to be complete or definitive and reference is made to such documents and reports for
full and complete statements of the contents thereof. Copies of the Trust Agreement and other documents
are available, upon request, and upon payment to the City of a charge for copying, mailing and handling,
from the City of San Bernardino - Finance Department, 290 North “D” Street, San Bernardino, California
92401.
Any statements in this Private Placement Memorandum involving matters of opinion, whether or
not expressly so stated, are intended as such and not as representations of fact. This Private Placement
Memorandum is not to b e construed as a contract or agreement between the City and the purchasers or
Holders of any of the 2020 Series A Bonds.
The execution and delivery of this Private Placement Memorandum have been duly authorized by
the City.
CITY OF SAN BERNARDINO
City Manager
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APPENDIX A
THE CITY OF SAN BERNARDINO AUDITED FINANCIAL STATEMENTS FOR THE FISCAL
YEARS ENDED JUNE 30, 2018 AND JUNE 30, 2019
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APPENDIX B
SUMMARY OF THE TRUST AGREEMENT
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APPENDIX C
PROPOSED FORM OF OPINION OF BOND COUNSEL
Upon delivery of the 2020 Series A Bonds, Best Best & Krieger LLP, Bond Counsel to the City,
proposes to render its final approving opinion with respect to the 2020 Series A Bonds in substantially the
following form:
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APPENDIX D
FORM OF CONTINUING DISCLOSURE AGREEMENT
THIS CONTINUING DISCLOSURE AGREEMENT (this “Disclosure Agreement”), dated as
of July 15, 2020, is by and between CITY OF SAN BERNARDINO, a charter city duly established and
existing under its charter and the laws of the State of California (the “City”) and WELLS FARGO
BANK, NATIONAL ASSOCIAT ION, a national banking association organized and existing under the
laws of the United States of America, as Trustee (the “Trustee”).
W I T N E S S E T H :
WHEREAS, the City has issued its City of San Bernardino Taxable Pension Obligation Bonds,
2020 Series A (the “2020 Series A Bonds”), in the aggregate principal amount of $__________, pursuant
to the Trust Agreement, dated as of October 1, 2005, by and between the City and the Trustee, as
amended and supplemented by the First Supplemental Trust Agreement, dated as of June 15, 2017, by
and between the City and the Trustee, and the Second Supplemental Trust Agreement, dated as of July
15, 2020, by and between the City and the Trustee (as so amended and supplemented, the “Trust
Agreement”); and
WHEREAS, this Disclosure Agreement is being executed and delivered by the City and the
Trustee for the benefit of the owners and beneficial owners of the 2020 Series A Bonds;
NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein
contained, the receipt whereof is hereby acknowledged, the parties hereto agree as follows:
Section 1. Definitions. Unless the context otherwise requires, the terms defined in this Section
shall for all purposes of this Disclosure Agreement have the meanings herein specified. Capitalized
undefined terms used herein shall have the meanings ascribed thereto in the Trust Agreement.
“Annual Report” means any Annual Report provided by the City pursuant to, and as described
in, Sections 2 and 3 hereof.
“Annual Report Date” means the date in each year that is the first day of the month following
the ninth month after the end of the City’s fiscal year, which date, as of the date of this Disclosure
Agreement, is February 1.
“City” means the City of San Bernardino, a charter city duly established and existing under its
charter and the laws of the State of California, and its successors.
“Disclosure Representative” means the Finance Director of the City, or his or her designee, or
such other person as the City shall designate in writing to the Trustee from time to time.
“Dissemination Agent” means the Trustee, acting in its capacity as Dissemination Agent
hereunder, or any successor Dissemination Agent designated in writing by the City and which has filed
with the Trustee a written a cceptance of such designation.
“Financial Obligation” means (a) a debt obligation of the City, (b) a derivative instrument
entered into in connection with, or pledged as security or a source of payment for, an existing or planned
debt obligation of the City, or (c) a guarantee of (i) a debt obligation of the City, or (ii) a derivative
instrument described in clause (b), above; provided, however, that the term “Financial Obligation” shall
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not include “municipal securities” (as such term is defined in the Securities Exchange Act of 1934, as
amended) as to which a “final official statement” (as such term is defined in the Rule) has been provided
to the MSRB consistent with the Rule.
“Listed Events” means any of the events listed in subsection (a) or subsection (b) of Section 4
hereof.
“MSRB” means the Municipal S ecurities Rulemaking Board or any other entity designated or
authorized by the Securities and Exchange Commission to receive reports pursuant to the Rule. Until
otherwise designated by the MSRB or the Securities and Exchange Commission, filings with the MS RB
are to be made through the Electronic Municipal Market Access (EMMA) website of the MSRB,
currently located at http://emma.msrb.org.
“Rule” means Rule 15c2 -12(b)(5) adopted by the Securities and Exchange Commission under
the Securities Exchange Act of 1934, as the same may be amended from time to time.
“Trust Agreement” means the Trust Agreement, dated as of October 1, 2005, by and between
the City and Wells Fargo Bank, National Association, as Trustee, as amended and supplemented by the
First Supplemental Trust Agreement, dated as of June 15, 2017, by and between the City and Wells Fargo
Bank, National Association, as Trustee, and the Second Supplemental Trust Agreement, dated as of July
15, 2020, by and between the City and Wells Fargo Bank, National As sociation, as Trustee, and as it may
be further amended or supplemented from time to time in accordance with its terms.
“Trustee” means Wells Fargo Bank, National Association, as Trustee under the Trust
Agreement, or any successor thereto as Trustee thereunder substituted in its place as provided therein.
Section 2. Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination
Agent to, provide to the MSRB an Annual Report that is consistent with the requirements of Section 3
hereof, not later than the Annual Report Date, commencing with the report for the 2020 -21 Fiscal Year.
The Annual Report may include by reference other information as provided in Section 3 hereof. If the
City’s fiscal year changes, it shall, or it shall instruct th e Dissemination Agent to, give notice of such
change in a filing with the MSRB.
(b) Not later than 15 business days prior to the date specified in subsection (a) of this Section
for the providing of the Annual Report to the MSRB, the City shall provide the Annual Report to the
Dissemination Agent and the Trustee (if the Trustee is not the Dissemination Agent). If by such date, the
Trustee has not received a copy of the Annual Report, the Trustee shall contact the City and the
Dissemination Agent to determine if the City is in compliance with the first sentence of this subsection
(b).
(c) If the Trustee is unable to verify that an Annual Report has been provided to the MSRB
by the date required in subsection (a) of this Section, the Trustee shall, in a timely manner, send a notice
to the MSRB in substantially the form attached as Exhibit A.
(d) The Dissemination Agent shall:
(i) provide each Annual Report received by it to the MSRB, as provided herein; and
(ii) file a report with the City and (if the Dissemination Agent is not the Trustee) the
Trustee certifying that such Annual Report has been provided pursuant to this Disclosure
Agreement and stating the date it was provided to the MSRB.
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Section 3. Content of Annual Reports. The City’s Annual Report shall contain or incorporate
by reference the City’s audited financial statements, if any, prepared in accordance with generally
accepted accounting principles as promulgated to apply to governmental entities from time to time by the
Governmental Accounting Standards Board. If the City’s audited financial statements, if any, are not
available by the time the Annual Report is required to be filed pursuant to subsection (a) of Section 2
hereof, the Annual Report shall contain unaudited financial statements, in a format similar to that used for
the City’s audited financial statements, and the audited financial statements, if any, shall be filed in the
same manner as the Annual Report when they become available:
The City’s audited financial statements may be included by specific reference to other documents,
including official statements of debt issues of the City or related public entities that have been made
available to the public on the MSRB’s website. The City shall clearly identify each such ot her document
so included by reference.
Section 4. Reporting of Significant Events. (a) Pursuant to the provisions of this Section, the
City shall give, or cause to be given, notice of the occurrence of any of the following events with respect
to the 2020 Series A Bonds in a timely manner not later than ten business days after the occurrence of the
event:
(i) Principal and interest payment delinquencies.
(ii) Unscheduled draws on debt service reserves reflecting financial difficulties.
(iii) Unscheduled draws on credit enhancements reflecting financial difficulties.
(iv) Substitution of credit or liquidity providers, or their failure to perform.
(v) Adverse tax opinions or issuance by the Internal Revenue Service of proposed or
final determination of taxability or of a Notice of Proposed Issue (IRS Form 5701
TEB).
(vi) Tender offers.
(vii) Defeasances.
(viii) Rating changes.
(ix) Bankruptcy, insolvency, receivership or similar event of the City.
(x) Default, event of acceleration, termination event, modification of terms or other
similar events under the terms of a Financial Obligation, any of which reflect
financial difficulties.
For purposes of the event identified in paragraph (ix) of this subsection, the event is considered to
occur when any of the following occur: the appointment of a rec eiver, fiscal agent or similar officer for
the City in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal
law in which a court or governmental authority has assumed jurisdiction over substantially all of the
assets or business of the City, or if such jurisdiction has been assumed by leaving the existing
governmental body and officials or officers in possession but subject to the supervision and orders of a
court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement
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or liquidation by a court or governmental authority having supervision or jurisdiction over substantially
all of the assets or business of the City.
(b) Pursuant to the provisions of this Section, the City shall give, or cause to be given, notice
of the occurrence of any of the following events with respect to the 2020 Series A Bonds, , in a timely
manner not later than ten business days after the occurrence of the event:
(i) Unless described in paragraph (v) of subsection (a) of this Section, material
notices or determinations by the Internal Revenue Service with respect to the tax
status of the 2020 Series A Bonds or other material events affecting the tax status
of the 2020 Series A Bonds.
(ii) Modifications to rights of holders of the 2020 Series A Bonds.
(iii) 2020 Series A Bond calls.
(iv) Release, substitution, or sale of property securing repayment of the 2020 Series A
Bonds.
(v) Non-payment related defaults.
(vi) The consummation of a merger, consolidation, or a cquisition involving the City
or the sale of all or substantially all of the assets of the City other than in the
ordinary course of business, the entry into a definitive agreement to undertake
such an action or the termination of a definitive agreement relating to any such
actions, other than pursuant to its terms.
(vii) Appointment of a successor or additional Trustee or the change of name of a
Trustee.
(viii) Incurrence of a Financial Obligation, or agreement to covenants, events of
default, remedies, priority rights or other similar terms of a Financial Obligation,
any of which affect holders of the 2020 Series A Bonds.
(c) The Trustee shall, within one business day of obtaining actual knowledge of the
occurrence of any of the Listed Events, contact t he Disclosure Representative and inform such person of
the event. The Trustee shall have no responsibility for determining the materiality of any such event, or
whether any such event reflects financial difficulties.
(d) Whenever the City obtains knowledge of the occurrence of a Listed Event described in
subsection (a) of this Section, in subsection (b) of this Section , the City shall, or shall cause the
Dissemination Agent to, file a notice of the occurrence of such Listed Event with the MSRB , within ten
business days of such occurrence.
(e) Notwithstanding the foregoing, notice of Listed Events described in paragraph (iii) of
subsection (b) of this Section need not be given any earlier than the notice (if any) of the underlying e vent
is given to holders of affected 2020 Series A Bonds pursuant to the Trust Agreement.
Section 5. Format for Filings with MSRB. Any report or filing with the MSRB pursuant to this
Disclosure Agreement must be submitted in electronic format, accompanied by such ide ntifying
information as is prescribed by the MSRB.
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Section 6. Termination of Reporting Obligation. The City’s obligations under this Disclosure
Agreement shall terminate upon the legal defeasance, prior redemption or payment in full of all of the
2020 Series A Bonds. If such termination occurs prior to the final maturity of the 2020 Series A Bonds,
the City shall give, or cause to be given, notice of such termination in a filing with the MSRB.
Section 7. Dissemination Agent. The City may, from time to time, appoint or engage a
Dissemination Agent to assist it in carrying out its obligations under this Disclosure Agreement, and may
discharge any such Dissemination Agent, with or without appointing a successor Dissemination Age nt.
The Dissemination Agent may resign by providing 30 days’ written notice to the City. The Trustee is
hereby appointed as the initial Dissemination Agent.
Section 8. Amendment; Waiver. Notwithstanding any other provision of this Disclosure
Agreement, the City and t he Trustee may amend this Disclosure Agreement (and the Trustee shall agree
to any amendment so requested by the City, so long as such amendment does not adversely affect the
rights or materially increase the obligations of the Trustee), and any provision of this Disclosure
Agreement may be waived, provided that the following conditions are satisfied:
(a) if the amendment or waiver relates to the provisions of subsection (a) of Section
2 hereof, Section 3 hereof or subsection (a) or (b) of Section 4 hereof, it may only be made in
connection with a change in circumstances that arises from a change in legal requirements,
change in law, or change in the identity, nature or status of an obligated person with respect to the
2020 Series A Bonds, or the type of business conducted;
(b) the undertakings herein, as proposed to be amended or waived, would, in the
opinion of nationally recognized bond counsel, have complied with the requirements of the Rule
at the time of the primary offering of the 2020 Series A Bonds, after taking into account any
amendments or interpretations of the Rule, as well as any change in circumstances; and
(c) the proposed amendment or waiver (i) is approved by Owners of the 2020 Series
A Bonds in the manner provided in the Trust Agreement for amendments to the Trust Agreement
with the consent of Owners, or (ii) does not, in the opinion of nationally recognized bond counsel,
materially impair the interests of Owners or beneficial owners of the 2020 Series A Bonds.
In the event of any amendment or waiver of a provision of this Disclosure Agreement, the City
shall describe such amendment or waiver in the next Annual Report, and shall include, as applicable, a
narrative explanation of the reason for the amendment or waiver and its impact on the type (or in the case
of a change of accounting principles, on the presentation) of financial information or operating data being
presented by the City. In addition, if the amendment relates to the accounting principles to be followed in
preparing financial statements (i) notice of such change shall be given in a filing with the MSRB, and (ii)
the Annual Report for the year in which the change is made shall present a comparison (in narrative form
and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the
new accounting principles and those prepared on the basis of the former accounting principles.
Section 9. Additional Information. Nothing in this Disclosure Agreement shall be deemed to
prevent the City from disseminating any other information, using the means of dissemination set forth in
this Disclosure Agreement or any other means of communication, or including any other informat ion in
any Annual Report or notice required to be filed pursuant to this Disclosure Agreement, in addition to that
which is required by this Disclosure Agreement. If the City chooses to include any information in any
Annual Report or notice in addition to that which is specifically required by this Disclosure Agreement,
the City shall have no obligation under this Disclosure Agreement to update such information or include
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it in any future Annual Report or notice of occurrence of a Listed Event or any other event required to be
reported.
Section 10. Default. In the event of a failure of the City, the Trustee or the Dissemination Agent
to comply with any provision of this Disclosure Agreement, the Trustee may (and, at the written direction
of the Owners of at least 25% of the aggregate principal amount of Outstanding 2020 Series A Bonds,
shall, upon receipt of indemnification reasonably satisfactory to the Trustee), or any Owner or beneficial
owner of the 2020 Series A Bonds may, take such actions as may be necessary and a ppropriate, including
seeking mandate or specific performance by court order, to cause the City, the Trustee or the
Dissemination Agent, as the case may be, to comply with its obligations under this Disclosure
Agreement. A default under this Disclosure Agr eement shall not be deemed an Event of Default under the
Trust Agreement, and the sole remedy under this Disclosure Agreement in the event of any failure of the
City, the Trustee or the Dissemination Agent to comply with this Disclosure Agreement shall be an action
to compel performance.
Section 11. Duties, Immunities and Liabilities of Trustee and Dissemination Agent. Article
VI of the Trust Agreement is hereby made applicable to this Disclosure Agreement as if this Disclosure
Agreement were (solely for this purpose) contained in the Trust Agreement. The Dissemination Agent
shall be entitled to the protections and limitations from liability afforded to the Trustee thereunder.
Neither the Trustee nor the Dissemination Agent shall be responsible for the form or content of any
Annual Report or notice of Listed Event. The Dissemination Agent shall receive reasonable compensation
for its services provided under this Disclosure Agreement and shall be reimbursed for its reasonable
expenses (including attorneys’ fees and expens es) incurred by it in the exercise or performance of its
powers and duties hereunder. The Dissemination Agent (if other than the Trustee or the Trustee in its
capacity as Dissemination Agent) shall have only such duties as are specifically set forth in thi s
Disclosure Agreement. To the extent permitted by law, the City agrees to indemnify and save the
Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and
liabilities incurred by it in the exercise or performance of its powers and duties hereunder, including the
costs and expenses (including attorneys’ fees and expenses) of defending against any claim of liability,
and which are not due to its negligence or its willful misconduct. The obligations of the City under this
Section shall survive resignation or removal of the Dissemination Agent and the termination of this
Disclosure Agreement.
Section 12. Beneficiaries. This Disclosure Agreement shall inure solely to the benefit of the
City, the Trustee, the Dissemination Agent and the Owners and beneficial owners from time to time of the
2020 Series A Bonds, and shall create no rights in any other person or entity.
Section 13. Governing Laws. This Disclosure Agreement shall be governed by and construed
in accordance with the laws of the State of California.
Section 14. Counterparts. This Disclosure Agreement may be executed in several counterparts,
each of which shall be an original and all of which shall constitute but one and the same instrument.
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IN WITNESS WHEREOF, the parties hereto have executed this Disclosure Agreement as of the
date first above written.
CITY OF SAN BERNARDINO
By:
WELLS FARGO BANK, NATIONAL
ASSOCIATION, AS TRUSTEE
By:
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EXHIBIT A
NOTICE OF FAILURE TO FILE ANNUAL REPORT
Name of Issuer: City of San Bernardino
Name of Issue: City of San Bernardino Taxable Pension Obligation Bonds, 2020 Series A
Date of Issuance: __________, 2020
NOTICE IS HEREBY GIVEN that the City of San Bernardino (the “City”) has not provided an
Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure
Agreement, dated as of __________ 1, 2020, by and between the City and Zions Bancorporation,
National Association, as Trustee. [The City anticipates that such Annual Report will be filed by
____________.]
Dated: ______________________
Wells Fargo Bank, National
Association, as Trustee, on behalf of the
City of San Bernardino
cc: City of San Bernardino
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Staff Report
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Rebekah Kramer, Assistant City Manager
Subject: Risk Management Insurance Program Update Fiscal Year
2020/21
It is recommended that the Mayor and City Council:
1. Adopt Resolution No. 2020-176 of the Mayor and City Council of the City of
San Bernardino, California, approving the annual renewal of the City’s various
insurance policies negotiated through Alliant for the term beginning August 1,
2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed
$820,190 for property insurance for the term beginning August 1, 2020 and
ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber
liability insurance for the term beginning August 1, 2020 and ending July 1,
2021; and (3) for a premium not to exceed $3,500,000 for excess liability
insurance; AND authorizing an amendment to the FY 2020 -21 Adopted
Budget in the amount of $2,113,229 to be appropriated into the Liability
Insurance Fund, Account Number 629-110-0056-5161, from the General
Fund Reserves and authorize staff to continue exploring options for
containing excess general liability insurance costs and to bring back an
update in August of the outcome and option selected.
2. Adopt Resolution No. 2020-178 of the Mayor and City Council of the City of
San Bernardino, California, To: Remain a member of CSAC Excess
Insurance Authority; Becoming a Member of Public Risk Innovation,
Solutions, and Management; and authorize the City Manager to act on the
City’s behalf in relation to these entities.
Background
On June 19, 2019, the Mayor and City Council adopted a resolution authorizing the City
Manager to purchase stand-alone commercial coverage for excess liability insurance
through the City’s property/liability broker Aon; with a self -insured retention (SIR) of $5
million for Fiscal Year (FY) 2019-2020.
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On July 17, 2019, the Mayor and City Council adopted a resolution authorizing the City
Manager to purchase the City’s Property, Auto, Terrorism, Difference in Condition (DIC)
and Cyber Security Insurance Policies for Policy Term July 31, 2019 to July 31, 2020.
On June 17, 2020, the Mayor and City Council adopted a resolution authorizing the City
Manager to purchase both a 30 -day extension to the current excess liability policies for
the extended term of coverage from July 1, 2020 to July 31, 2020 and excess workers’
compensation insurance through Public Risk Innovation, Solutions, and Management
(PRISM) formerly California State Associate of Counties Excess Insurance Authority
(CSAC-EIA).
INSURANCE PROGRAM FISCAL YEAR 2020-2021
The City’s present liability insurance broker Aon Risk Insurance Services West, In c.
(Aon) assisted with the evaluation of various policy limits, and self -insured retention
options to secure excess liability coverage in the current insurance marketplace on
behalf of the City. Allied, the City’s current excess liability insurance carrie r, made the
determination not to renew coverage with the City. Allied provides the City excess
liability insurance coverage in the amount of $5 million for the first layer of insurance
available to the City beyond the current self -insured retention rate of $5 million. Instead,
what Allied offered was a 30-day extension of our existing policy to allow the City an
opportunity to secure other coverage. The City’s three additional excess carriers
followed Allied’s lead and also agreed to provide the City a 30 -day extension of the
existing policies through July 31, 2020. The total cost for the 30 -day extensions was
$47,509.
Consistent with the Resolution No. 2020-131, excess workers’ compensation insurance
was renewed through PRISM, while maintaining a $1 million SIR and a limit remaining
at statutory coverage. Statutory coverage provides payment for claims up to the amount
required by law, without limits. The FY 2020-2021 estimated premium for coverage was
$384,275.
Staff indicated on the June 17, 2020 Mayor and City Council meeting agenda, that we
would be returning with renewal options and costs for excess liability insurance,
commercial property insurance, and cyber liability options. After the stay-at home orders
associated with COVID-19, we received the indication that excess liability insurance
coverage could cost upwards of $1.5 million in FY 20 -21. A re-evaluation of various self-
insured retention rates, levels of excess liability insurance, and difference in conditions
insurance options was necessary to ensure the City’s risk insurance programs
continues to meet the City’s needs both from a cost-containment standpoint and so that
appropriate levels of coverage are secured for the City.
Discussion
The City has purchased insurance policies through Aon who has served as the City’s
broker of record for six years. Aon is responsible for marketing and negotiating quotes
with numerous insurance carriers in an effort to secure the best coverage at the best
price. The policies are noted below.
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Excess General Liability (bodily injury, property damage, personal injury, public
officials liability, and employment practices)
Commercial Property
Flood
Earthquake
Auto Physical Damage (City vehicles)
Terrorism/Sabotage
Cyber
Excess General Liability Over view
Aon solicited quotes from 28 carriers to obtain excess liability insurance coverage for
the City. The current insurance market has faced many obstacles such as capacity
restrictions meaning there are fewer firms writing policies for public agencies an d those
that are writing are doing so for less coverage, perceived jury verdicts for police related
claims, the current uncertainty of COVID-19, and the recent protests have exacerbated
the insurance market. Requests for quotes were submitted to our curren t insurance
carriers and a variety of other carriers to explore and review available options.
All the excess general liability insurance carriers Aon approached declined to provide a
quote to the City. Reasons noted include the City’s history of losses, financial stability,
and the climate of current California tort claims perceived jury verdicts. Ultimately, Aon
was unable to secure a viable option for the City. To augment Aon’s efforts with quote
solicitation to explore coverage options for the City, staff approached other markets and
carriers to secure coverage.
Notable carriers staff approached directly are California Joint Powers Insurance
Authority (CALJPIA), Association of Governmental Risk Pools (AGRIP), Municipal
Insurance Cooperative (MIC), Public Agency Risk Sharing Authority of California
(PARSAC) and Public Entity Risk Management Authority (PERMA) and Independent
Cities Risk Management Authority (ICRMA). These carriers also declined to quote
coverage except for ICRMA. As of the writing of the staff report, the City has not
received an estimate for coverage from ICRMA.
The insurance market is cyclical. Like a pendulum, it fluctuates constantly between a
hard market and a soft market. The following are both definitions provided by the
International Risk Management and Insurance society (IRMI):
Hard market - In the insurance industry, a hard market is the upswing in a market
cycle, when premiums increase and capacity for most types of insurance
decreases. This can be caused by a number of factors, including falling
investment returns for insurers, increases in frequency or severity of losses, and
regulatory intervention deemed to be against the interests of insurers.
Soft market - This side of the market cycle is characterized by low rate s, high
limits, flexible contracts, and high availability of coverage.
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The excess market is currently in a hardened state as it has presented greater capacity
restrictions, higher prices, and significant challenges around program structure, due in
large part to large jury awards that have hit excess lines like never before.
In addition to market conditions influencing the City’s ability to secure coverage in FY
2020-2021, the City’s loss data was also an influential factor. The City settled one large
law enforcement claim in 2019, one large employment practices claim in 2019, and one
large employment practices claim in 2020. The combined value of these settlements is
over $2.2 million. These losses exclude settlements associated with the bankruptcy plan
of adjustment. The City loss data report is challenged, with the settlements that were
part of the plan of adjustment reflecting a lower dollar value from what the claims would
have settled outside of the bankruptcy proceedings. This has made it difficult fo r
insurance carriers to accurately measure risk exposure, and ultimately being in a
position to extend an offer of coverage and establish insurance premiums.
Finally, the City partnered with Alliant Insurance Services, Inc. (Alliant) to obtain
coverage through their pooled insurance carrier PRISM, formerly CSAC -EIA. Alliant is
one of the nation’s leading distributors of diversified insurance products and services.
Operating through a national network of offices, Alliant offers a comprehensive portfolio
of services. The knowledge Alliant has gained in its more than eight decades of working
with many of the top insurance companies in the world allows them to provide clients
guidance and high-quality performance.
PRISM expressed concern over the reliability of our loss data for the time period of
2012-2017, indicating that larger claims would have settled for a much higher amount, if
not for the bankruptcy proceedings and the plan of adjustment. In short, PRISM
requested an audit of 27 claims to analyze the loss data to determine the risk exposure
they would assume by extending excess general liability coverage to the City and to be
in a position to quote a premium based on the audited data. Below is a summary of the
audit findings.
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Loss Category Losses (BK)Audited Losses
Auto Bodily Injury 337,515$ 1,470,000$
Bodily Injury 430,366$ 430,365$
Civil Rights 249,343$ 1,650,000$
Dangerous Condition, Auto vs Cyclist 50,025$ 650,000$
Dangerous Condition, Vehicle vs. Pedestrian 8,500$ 75,000$
Employment Practices*100,000$ 100,000$
Excessive Force 1,277,006$ 4,030,857$
Other*250,000$ 250,000$
Personal Injury 100,000$ 1,200,000$
Search + Seizure 270,647$ 1,350,000$
Trip and Fall 85,000$ 150,000$
Wronful Death 317,504$ 2,128,738$
Grand Total 3,475,906$ 13,484,960$
*May not be covered by excess general liability
Audit Summary
After reviewing the audited files, PRISM was able to offer a premium quote not to
exceed $3.5 million. Staff is working diligently and closely with Alliant to maintain the
City’s current $5 million self-insured retention and negotiate coverage for less than the
not to exceed number. The current 30-day excess general liability insurance
policies sunset July 31, 2020. On August 1, 2020 the City will be uninsured,
meaning there would be no excess general liability insurance coverage for bodily
injury, property damage, personal injury, public officials liability, and employment
practices losses, unless staff continues to make every effort and continue to
negotiate coverage with PRISM. Staff remains hopeful, the premium may actually
be less than the not exceed amount of $3.5 million. At this time, the City is in the
very unfortunate position of being turned down by 33 carriers, having to contemplate the
impact of large losses, and excess insurance market conditions. Staff will bring back an
excess general liability insurance update in August.
Property Overview
The City purchases commercial property insurance to cover for direct physical loss or
damage to City property caused by or resulting from a covered cause of loss. The
current property insurance industry is experiencing significant increases which have
resulted in several carriers who have decided to stop conducting business in California,
reducing the capacity available to provide coverage to municipalities. When there is less
capacity, prices go up. The migration away from the marketplace is driven by losses
and is not exclusive to the City of San Bernardino as many other municipalities have
had substantial losses over the past five (5) years. For those reasons, carriers that are
willing to write policies for municipalities are increasing deductibles, decreasing limits,
and increasing pricing. In addition to the above mentioned instances that affect the
current market, the City has experienced five (5) large property losses in the last five (5)
years including water damage, property theft, and fire damage. The combined value of
these losses is over $1.9 million.
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The City conducted an appraisal of its properties for insurance purposes in 2010.
Initially, the renewal premium for the commercial property coverage through Aon to
maintain the same level of coverage was $1,036,000. To secure a premium of
$810,000, the City would need to conduct an appraisal of its properties before the next
renewal cycle, in the first half of the fiscal year. The increase in premiums also reflects a
$50 million in property values assessed by Travelers. The appraisal process is
estimated not to exceed $40,000. To renew the property program through AON
inclusive of commercial property, DIC, auto, terrorism, and cyber liability coverage is
$1,305,250. For the same lines of coverage, to purchase coverage through Alliant is
$1,102,850 in premiums, a savings of over $202,400. Furthermore, Aliant’s quote is
only a 5% increase over FY 19/20 premiums. The Alliant insurance option premium
includes cyclical property appraisals, which would also save the City $40,000 in this
fiscal year. Also, going forward the City would be saving $85,000 in broker fees. Alliant
is paid by the insurance pool, and the City would be saving broker fees in future years.
Commercial Property
The City purchases commercial property insurance to cover for direct damage to City
property. The policy through PRISM provides a $300 million dollar limit per occurrence
with a $100,000 deductible for FY 2020-2021.
Flood
The City purchases flood insurance to cover direct physical loss of or damage to City
property caused by or resulted from a flood. The policy through PRISM provides a $200
million limit with a $25,000 deductible for FY 2020-2021.
Earthquake
The City purchases earthquake insurance to cover direct physical loss of or damage to
City property caused by or resulted from an earthquake. The policy through PRISM
provides a $100 million limit with a $100,000 deductible minimum, or 5% of the total
value of the building for FY 2020-2021.
Auto Physical Damage
The City purchases auto physical damage insurance to cover City-owned vehicles
against perils such as collision, vandalism, fire and theft. The policy through PRISM
provides a replacement cost value or actual cash value of vehicles wit h a $10,000
deductible for FY 2020-2021.
Terrorism and Sabotage
The City purchases terrorism and sabotage insurance for property damage and
business interruption coverage in the event of a terrorist attack. The policy through
PRISM provides a $750 million limit with a $100,000 deductible for FY 2020-2021.
Cyber Liability
The City purchases cyber liability insurance for reimbursement coverage in response to
data privacy security incidents, business interruption, system failure, digital access
protection, network security, cyber extortion and media liability. The policy through
6
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Page 7
PRISM provides a $12 million limit with a $50,000 deductible for FY 2020 -2021.
Insurance Overview
Excess Liability Insurance
Large losses and excess insurance market conditions have caused premiums to
increase significantly for the City, in as such, PRISM has extended an offer of coverage
for a not to exceed amount of $3.5 million. Staff is working diligently and closely with
Alliant to maintain the City’s current $5 million self -insured retention and negotiate
premiums for less than the not to exceed number. Aon the City’s broker of record over
the last six years was unable to secure a quote for the City. A total of 33 carriers were
not interested in providing a quote to the City.
All Other Insurance
Both Alliant and Aon were able to provide quotes to the City for commercial property,
flood, earthquake, auto, terrorism, and cyber security insurance. Policies quoted through
Aon totaled $1,390,250 while premiums through Alliant totaled $1,102,850. By choosing
the Alliant option, the City will be saving $202,400 for Fiscal Year 20/2021 . The Alliant
option will generate additional savings for the cost of the property appraisal estimated at
$40,000, and broker fees in the amount of $85,0 00 in future years.
2020-2025 Key Strategic Targets and Goals
Approving the renewal of the City’s various insurance policies negotiated through
Alliant, aligns with Key Target No. 1: Financial Stability.
Fiscal Impact
The Fiscal Year 2020-21 Operating Budget includes funding for insurance in the amount
of $2,200,000. The actual premium to purchase these policies is $2,113,229 more than
the original anticipated amount. Therefore, staff is requesting the Mayor and City
Council authorize an amendment to the FY 2020-21 Adopted Budget in the amount of
$2,113,229 to be appropriated into the Liability Insurance Fund, Account Number 629 -
110-0056-5161.
Conclusion
It is recommended that the Mayor and City Council:
1. Adopt Resolution No. 2020-176 of the Mayor and City Council of the City of
San Bernardino, California, approving the annual renewal of the City’s various
insurance policies negotiated through Alliant for the term beginning August 1,
2020 and ending July 31, 2021 for: (1) a pro-rated premium not to exceed
$820,190 for property insurance for the term beginning August 1, 2020 and
ending March 31, 2021; (2) for a premium not to exceed $6,350 for cyber
liability insurance for the term beginning August 1, 2020 and ending July 1,
2021; and (3) for a premium not to exceed $3,500,000 for excess liability
insurance; AND authorizing an amendment to the FY 2020 -21 Adopted
Budget in the amount of $2,113,229 to be appropriated into the Liability
6
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Page 8
Insurance Fund, Account Number 629-110-0056-5161, from the General
Fund Reserves and authorize staff to continue exploring options for
containing excess general liability insurance costs and to bring back an
update in August of the outcome and option selected.
2. Adopt Resolution No. 2020-178 of the Mayor and City Council of the City of
San Bernardino, California, To: Remain a member of CSAC Excess
Insurance Authority; Becoming a Member of Public Risk Innovation,
Solutions, and Management; and authorize the City Manager to act on the
City’s behalf in relation to these entities.
Attachments
Attachment 1 Resolution No. 2020-176
Attachment 2 Resolution No. 2020-178
Attachment 3 Property Insurance - Memorandum of Understanding (MOU)
Attachment 4 General Liability Insurance - Memorandum of Understanding
(MOU)
Attachment 5 Side-by-Side Comparison of Insurance Options
Attachment 6 Property Proposal
Attachment 7 Cyber Proposal
Ward: n/a
Synopsis of Previous Council Actions:
June 19, 2019 Mayor and City Council adopted Resolution No. 2019-68,
authorizing the City Manager to purchase excess workers’
compensation (EWC) insurance with California State Association
of Counties Excess Insurance Authority (CSAC-EIA) and stand-
alone commercial coverage for excess liability insurance for Fiscal
Year 2019/20.
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-176,
authorizing the City Manager to purchase the City’s property, auto,
terrorism, difference in condition (DIC) and cyber security insurance
policies for policy term July 31, 2019 to July 31, 2020.
June 17, 2020 Mayor and City Council adopted Resolution No. 2020-131,
authorizing the City Manager to purchase both a 30 -day extension
to the current excess liability policies for the extended term of
coverage from July 1, 2020 and excess workers’ compensation
insurance through Public Risk Innovation, Solutions, and
Management (PRISM) formerly California State Associate of
Counties Excess Insurance Authority (CSAC-EIA).
6
Packet Pg. 123
RESOLUTION NO. 2020-176
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE ANNUAL RENEWAL O F THE CITY’S
VARIOUS INSURANCE POLICIES NEGOTIATED
THROUGH ALLIANT FOR THE TERM BEGINNING
AUGUST 1, 2020 AND ENDING JULY 31, 2021 FOR: (1) A
PRO-RATED PREMIUM NOT TO EXCEED $820,190 FOR
PROPERTY INSURANCE FOR THE TERM BEGINNING
AUGUST 1, 2020 AND ENDING MARCH 31, 2021; (2) FOR
A PREMIUM NOT TO EXCEED $6,350 FOR CYBER
LIABILITY INSURANCE FOR THE TERM BEGINNING
AUGUST 1, 2020 AND ENDING JULY 1, 2021; AND (3) FOR
A PREMIUM NOT TO EXCEED $3,500,000 FOR EXCESS
LIABILITY INSURANCE; AND AUTHORIZING AN
AMENDMENT TO THE FY 2020-21 ADOPTED BUDGET IN
THE AMOUNT OF $2,113,229 TO BE APPROPRIATED
INTO THE LIABILITY INSURANCE FUND FROM THE
GENERAL FUND RESERVES, ACCOUNT NUMBER 629-
110-0056-5161, FROM THE GENERAL FUND RESERVES
AND AUTHORIZE STAFF TO CONTINUE EXPLORING
OPTIONS FOR CONTAINING EXCESS GENERAL
LIABILITY INSURANCE COSTS AND TO BRING BACK
AN UPDATE IN AUGUST OF THE OUTCOME AND
OPTION SELECTED
WHEREAS, on June 19, 2019 the Mayor and City Council adopted Resolution No.
2019-68, authorizing the City Manager to purchase excess workers’ compensation (EWC)
insurance with California State Association of Counties Excess Insurance Authority (CSAC -
EIA) and stand-alone commercial coverage for excess liability insurance for Fiscal Year
2019/20; and
WHEREAS, on July 17, 2019, the Mayor and City Council adopted Resolution No.
2019-176, authorizing the City Manager to purchase the City’s property, auto, terrorism,
difference in condition (DIC) and cyber security insurance policies for policy term July 31, 20 19
to July 31, 2020; and
WHEREAS, on June 17, 2020, the Mayor and City Council adopted Resolution No.
2020-131, authorizing the City Manager to purchase both a 30-day extension to the current
excess liability policies for the extended term of coverage fro m July 1, 2020 and excess workers’
compensation insurance through Public Risk Innovation, Solutions, and Management (PRISM)
formerly California State Associate of Counties Excess Insurance Authority (CSAC-EIA); and
WHEREAS, market conditions and loss data are influencing the City’s abilit y to secure
coverage in FY 2020/21; and
6.a
Packet Pg. 124 Attachment: San Bernardino - Reso re Risk Insurance-c17.10.20 EE Edits 7.10 [Revision 4] (6816 : Risk Management Insurance Program Update
Resolution No. 2020-176
WHEREAS, Aon the City’s broker of record for the last six years approached 28 carriers
for excess general liability insurance; and
WHEREAS, Aon ultimately was unable to secure a viable option for excess general
liability; and
WHEREAS, staff approached seven entities directly and only one, PRISM, provided a
not to exceed premium estimate for excess general liability; and
WHEREAS, the City partnered with Alliant Insurance Services, Inc. to obtain coverage;
and
WHEREAS, if the City does not secure excess liability insurance coverage by July 31,
2020, the City will be uninsured.
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 Finance Director is authorized to amend the FY 2020/21 Budget
appropriating $2,113,229 into the Liability Insurance Fund, Account Number 629 -110-0056-
5161.
SECTION 3. Authorize the City Manager to execute any and all documents and
agreements, including memoranda of understanding, to effectuate coverage for the City for
property insurance, cyber liability insurance, and excess property insurance in the amounts stated
herein. The City Manager is hereby authorized to exercise discretion in the execution of such
documents and agreements to effectuate coverage for general excess liability insurance in
accordance with Section 4 of this Resolution.
SECTION 4. Authorize staff to continue exploring options for containing excess general
liability insurance costs and bring back an update in August of the outcome and option selected.
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environment al Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
6.a
Packet Pg. 125 Attachment: San Bernardino - Reso re Risk Insurance-c17.10.20 EE Edits 7.10 [Revision 4] (6816 : Risk Management Insurance Program Update
Resolution No. 2020-176
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
6.a
Packet Pg. 126 Attachment: San Bernardino - Reso re Risk Insurance-c17.10.20 EE Edits 7.10 [Revision 4] (6816 : Risk Management Insurance Program Update
Resolution No. 2020-176
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
6.a
Packet Pg. 127 Attachment: San Bernardino - Reso re Risk Insurance-c17.10.20 EE Edits 7.10 [Revision 4] (6816 : Risk Management Insurance Program Update
Resolution No. 2020-178
RESOLUTION NO. 2020-178
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA, TO:
REMAIN A MEMBER OF CSAC EXCESS INSURANCE
AUTHORITY; BECOME A MEMBER OF PUBLIC RISK
INNOVATION, SOLUTIONS, AND MANAGEMENT; AND
AUTHORIZE THE CITY MANAGER TO ACT ON THE
CITY’S BEHALF IN RELATION TO THESE ENTITIES
WHEREAS, Article 1, Chapter 5, Division 7, Title 1 of the California Government Code
(Section 6500 et seq.) permits two or more public agencies by agreement to exercise jointly
powers common to the contracting parties ; and
WHEREAS, the City is presently a members of the CSAC Excess Insurance Authority
(“CSAC”) for the purpose of jointly funding and/or establishing excess and other insurance
programs including for workers’ compensation insurance ; and
WHEREAS, CSAC recently reformed as the Public Risk Innovation Solutions, and
Management (“PRISM”); and
WHEREAS, the City is seeking to acquire property insurance, cyber insurance, and
possibly general liability insurance through CSAC/PRISM; and
WHEREAS, CSAC/PRISM has determined that it is necessary for each member to
delegate to a person or position authority to act on the member’s behalf in matters relating to the
member and CSAC/PRISM.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Council does hereby: (1) approve the City remaining a member
of the CSAC Excess Insurance Authority and becoming a member of PRISM; (2) authorize the
execution of the CSAC Excess Insurance Authority Joint Powers Agreement and the Joint
Powers Agreement for PRISM by the City Manager or designee; and (3) except as to actions that
must be approved by the City Council, the City Manager or her designee is hereby appointed to
act in all matters relating to the member and CSAC/PRISM.
SECTION 3. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 4. Effective Date. This Resolution shall become effective immediately.
6.b
Packet Pg. 128 Attachment: San Bernardino - Resolution to Join and Remain in CSAC and PRISM and to Authorize Insurance Agreemen-c1 [Revision 1] (6816 :
Resolution No. 2020-178
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 15th day of July 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
6.b
Packet Pg. 129 Attachment: San Bernardino - Resolution to Join and Remain in CSAC and PRISM and to Authorize Insurance Agreemen-c1 [Revision 1] (6816 :
Resolution No. 2020-178
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-178, adopted at a regular meeting held on the 15th day of July 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
6.b
Packet Pg. 130 Attachment: San Bernardino - Resolution to Join and Remain in CSAC and PRISM and to Authorize Insurance Agreemen-c1 [Revision 1] (6816 :
Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008
Page 1 of 3
MEMORANDUM OF UNDERSTANDING
PROPERTY PROGRAM
This Memorandum of Understanding is entered into by and between the CSAC Excess
Insurance Authority (hereinafter referred to as the "Authority")and the participating
members who are signatories to this Memorandum.
1.Joint Powers Agreement. Except as is otherwise provided herein, all terms used
herein shall be as defined in Article 1 of the Joint Powers Agreement Creating the CSAC
Excess Insurance Authority (hereinafter referred to as "Agreement"), and all other
provisions of the Agreement not in conflict with this Memorandum shall also be applicable.
2.Program Committee. There is hereby established a Property Program Committee
(hereinafter referred to as "Property Committee" or “Committee”) and,except as otherwise
provided herein, said Committee shall have full authority to determine all matters affecting
the members including, but not limited to, approval of new members and premium/rate
setting and establishment of policies regarding data submission and provisions for
notice of withdrawal, as long as such policies are not in conflict with the Joint Powers
Agreement.
The Property Committee shall consist of eleven (11) voting members and two (2)
alternates. The Executive Committee of the Authority shall appoint the Committee
members, to be selected from members in the Program as follows: Seven (7) of the
Committee members are to be appointed from the members who make up the top fourteen
(14) members according to the amount of annual property premium paid (“Large
Members”). Two (2) of the Committee members are to be appointed from those remaining
members not within the top fourteen (14) members (“Smaller Members”). One (1) of the
members may be appointed from any member (“At Large”). The remaining seat shall be
designated for a Public Entity member. If there are no Public Entity nominees or not
enough members available from a category (Large, Smaller, At Large), the Executive
Committee shall make the appointment from members participating in the Program
without regard to category. The two alternates may be appointed from any member.
The terms of the members of the Committee shall be for two (2) years, except for the
Public Entity representative and the alternate representatives whose terms shall be for
one (1) year. The expiration dates of the two-year appointments shall be staggered so
that terms of no more than five (5) members will expire at any one time. The Committee
will annually, at its first meeting of the calendar year, select its officers, consisting of a
Chair and Vice-Chair.
The Committee, when necessary to fulfill the purposes of this Memorandum, shall meet
on the call of the Chair of the Committee as provided in Article 12 of the Agreement and
Article VI of the Bylaws of the Authority (hereinafter referred to as the “Bylaws”).
6.c
Packet Pg. 131 Attachment: HR.Risk Management Program.Exhibit A (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008
Page 2 of 3
A majority of the members of the Committee shall constitute a quorum for the
transaction of business. Except as otherwise provided herein, all actions of the
Property Committee shall require the affirmative vote of a majority of the members of
the Committee. Any meeting of the Committee shall be subject to the applicable
provisions of Government Code § 54950 et seq., commonly known as the “Brown Act.”
3.Premiums.The participating members, in accordance with the provisions of
Article 14 of the Agreement, shall be assessed an annual premium for the purpose of
funding the Property Program. Annual premium contributions, including administrative
costs associated with the Program shall be established by the Property Committee.
4.Cost Allocation.Each member’s share of annual premium shall be determined
by the Property Committee however, the Committee may delegate any or all of this
authority as it deems appropriate.
5.Application to the Program. All applications to join the Property Program will be
evaluated and subject to approval by the Committee and the underwriter. Any entity
which makes application to become a participating member of the Program who is not
already a participating member in the Authority must also be approved in accordance
with the provisions of Article 19 of the Agreement.
New members may be added to the Program during the term of the coverage year on a
pro-rata basis.
6.Withdrawal and/or Cancellation From the Program. Withdrawal of a member
from the Program shall be in accordance with the withdrawal provisions of Article 20 or 21
of the Agreement.
7.Late Payments.All provisions for payments shall be in accordance with the
Invoicing and Payment Policy adopted by the Board of Directors. Notwithstanding any
other provision to the contrary regarding late payment of invoices or cancellation from a
Program, at the discretion of the Executive Committee, any member that fails to pay an
invoice when due may be given a ten (10) day written notice of cancellation.
8.Resolution of Disputes. Any question or dispute with respect to the rights and
obligations of the parties to this Memorandum shall be determined in accordance with
Article 31 of the Agreement, Dispute Resolution.
9.Amendment. This Memorandum may be amended by a majority vote of the
Property Committee, upon ninety (90) days advance written notice to the members and
county counsels. Each member shall approve of any amendment by signature on the
Memorandum by a member’s representative who shall have authority to execute this
Memorandum. Should a member of the Program fail to execute any amendment to this
Memorandum within the time provided by the Committee, the member will be deemed
to have withdrawn from the Program on the next annual renewal date.
6.c
Packet Pg. 132 Attachment: HR.Risk Management Program.Exhibit A (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Adopted: June 4, 1999
Amended: October 1, 2004
Amended: June 19, 2008
Page 3 of 3
6/19/2008
10.Complete Agreement. Except as otherwise provided herein, this Memorandum
constitutes the full and complete agreement of the members.
11.Severability.Should any provision of this Memorandum be judicially determined
to be void or unenforceable, such determination shall not affect any remaining provision.
12.Effective Date of Agreement. This Memorandum shall become effective on the
date of coverage for the member or upon approval by the Property Committee of any
amendment, whichever is later.
13.Execution in Counterparts. This Memorandum may be executed in several
counterparts, each of which shall be an original, all of which shall constitute but one and
the same instrument.
IN WITNESS WHEREOF, the undersigned have executed this Memorandum as of
the date set forth below.
Dated CSAC Excess Insurance Authority
Dated Member Entity: x
6.c
Packet Pg. 133 Attachment: HR.Risk Management Program.Exhibit A (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Adopted: December 11, 1990
Effective: February 15, 1991
Amended: March 11, 2004
Amended: October 5, 2006
Amended: December 8, 2011
Amended: July 1, 2019
Page 1 of 5
MEMORANDUM OF UNDERSTANDING
GENERAL LIABILITY PROGRAM 2
This Memorandum of Understanding is entered into by and between Public Risk
Innovation, Solutions, and Management (hereinafter referred to as PRISM) and the
participating members of the General Liability Program 2 (hereinafter referred to as
“GL2”), consisting of counties and other public entities (hereinafter “Public Entity”) who
are signatories to this Memorandum.
1. JOINT POWERS AGREEMENT. Except as otherwise provided herein, all terms
used herein shall be as defined in Article 1 of the Joint Powers Agreement Creating
PRISM (hereinafter referred to as "Agreement"). Provisions of any applicable coverage
agreement and all other provisions of the Agreement not in conflict with this
Memorandum shall be applicable.
2. PROGRAM COMMITTEE.
A. There is hereby established a GL2 Program Committee (hereinafter referred to
as "GL2 Committee" or “Committee”) and, except as otherwise provided herein,
said Committee shall have full authority to determine all matters affecting the
participating members.
B. The GL2 Committee shall consist of all GL2 member counties of PRISM, with
the committee member being that person designated as the county’s Board
member for PRISM. In the event a county Committee member is not present at a
meeting of the Committee, the County’s Alternate Board member may serve as the
county’s alternate on the Committee. In addition to GL2 member counties, each
GL2 public entity member shall be a member of the Committee, subject to the GL2
member counties maintaining a minimum of 60% of the eligible voting membership
on the Committee. The GL2 public entity committee members shall be reduced
accordingly to ensure at least 60% of the Committee consists of GL2 member
counties. For example, based upon the 8 current GL2 member counties
participating in the Program, all 3 current GL2 public entity members would have a
seat on the Committee and maintain at least 60% representation by the GL2
member counties. If the number of GL2 member counties is reduced to 4, then the
GL2 public entity members would lose one seat and have only 2 votes. GL2 public
entity committee members shall be appointed by the Executive Committee and shall
serve for a two-year term. Each GL2 public entity committee member shall
designate an alternate to vote in their absence. The alternate must be an employee
or elected or appointed official of the GL2 public entity committee member.
6.d
Packet Pg. 134 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding
Page 2 of 5
C. The GL2 Committee shall meet on the call of the Chair of the Committee as
provided in Article 12 of the Agreement and Article VI of the Bylaws of PRISM
(hereinafter referred to as the "Bylaws").
D. A majority of the members of the GL2 Committee shall constitute a quorum for
the transaction of business. Except as otherwise provided herein, all actions of the
GL2 Committee shall require the affirmative vote of a majority of the members of
the Committee. Any meeting of the GL2 Committee shall be subject to the
applicable provisions of Government Code § 54950 et seq., commonly known as
the “Brown Act.”
3. PREMIUMS. The participating members, in accordance with the provisions of
Article 14 of the Agreement, shall be assessed an annual premium for the purpose of
funding the GL2 Program. Annual premium contributions, including Program
administrative costs plus PRISM’s general expense allocated to the Program by the
Board for the next policy period, shall be as established by the GL2 Committee upon
consultation with the underwriters.
4. MEMBER SELF-INSURED RETENTIONS. The self-insured retention amounts of
the members shall be established upon consultation with the underwriters and subject to
approval by the GL2 Committee.
5. COST ALLOCATION. The method of allocating contributions to the GL2 Program
shall be determined by the GL2 Committee upon consultation with underwriters.
6. FUNDING FOR CLAIMS.
A. At the GL2 Committee’s discretion, based on market conditions, exposures,
and/or loss history, self-insured layers or aggregated retentions may be established
for the GL2 Program for any policy period or combination of policy periods. If self-
insured and/or aggregated retention layers are established, such will be funded by
contributions from the members participating in the self-insured and/or aggregated
retention layers, as determined by the Committee. Funding for these layers shall be
used exclusively for the payment of claims made against the participating members,
including expenses, in accordance with the terms and conditions of the applicable
Memorandum of Coverage.
B. Any self-insured and/or aggregated retention layers shall be fully funded by the
participating members, and may, at the discretion of the GL2 Committee, be
discounted for anticipated and/or earned investment earnings. Should such not be
fully funded for any reason, pro-rata assessments may be made to the participating
members pursuant to the provisions of Article 14.b.3. of the Agreement to ensure a
100% funding level.
6.d
Packet Pg. 135 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding
Page 3 of 5
7.DIVIDENDS. Notwithstanding Article 22.b. of the Agreement, if self-insured and/or
aggregated retention layers are established and it is determined that funds remain after
the payment of all claims, a dividend may be declared by the GL2 Committee. If a
dividend is declared, the dividend shall be payable to the members participating in the
layer, during the period in which there are excess funds, based on each member’s share
of contributions to the applicable layer, regardless of whether the member is a
participating member in the GL2 Program at the time the dividend is declared.
8.MEMORANDUM OF COVERAGE. A Memorandum of Coverage will be issued by
PRISM evidencing membership in the GL2 Program and setting forth terms and
conditions of coverage.
9.CLAIMS ADMINISTRATION. Each participating member is required to comply
with PRISM’s Underwriting and Claims Administration Standards (including Addendum
B - Liability Claims Administration Guidelines) as amended from time-to-time, and
which are attached hereto as Exhibit A and incorporated herein.
10.CLAIMS REVIEW COMMITTEE. There is hereby established a GL2 Claims
Review Committee (hereinafter referred to as "CRC2”) and, except as otherwise provided
herein, the CRC2 shall have full authority to determine all matters affecting the settlement
of claims for participating members in excess of the members’ respective SIRs. The
CRC2 shall also have full authority to conduct business on any other matters that have
been delegated to it by the GL2 Committee. The CRC2 shall review all claims arising
out of the GL2 Program against members, which involve or may involve liability of
PRISM. The CRC2 may settle claims in excess of the members’ SIRs in accordance
with Article XI of PRISM’s Bylaws. The CRC2 Committee shall advise the GL2
Committee as to the nature and extent of claims adjusting and legal defense services
necessary to protect the funds of PRISM, as to settlement of claims above its monetary
limits which involve liability of PRISM, and such other functions as the GL2 Committee
may direct. The GL2 Committee may appoint legal counsel or use County Counsel
representatives to serve in an advisory capacity to the CRC2.
A.The GL2 Committee shall appoint members to the CRC2. Terms of service
on the CRC2 will be through December 31st of the year of expiration or until the
GL2 Committee makes new appointments at its meeting the following year,
whichever is later.
i.The CRC2 shall be comprised of 7 members who participate in the GL2
Program, of which 5 are voting members and 2 are alternates who are
eligible to vote at any meeting where a voting member is absent. For the
first year of the Committee, 3 of the voting members will serve 2 year
terms and the other 2 voting members will serve 1 year terms. After the
completion of the first year of the CRC2, the 2 expiring terms will
become 2 year terms thereafter. Alternate members serve one-year
terms.
6.d
Packet Pg. 136 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding
Page 4 of 5
B. The CRC2 shall meet at regularly scheduled times and places or upon the
call of the Chair. Written notice of regular meetings shall be in accordance with
the provisions of Article III.(1)(c) of the Bylaws. Special meetings shall be called
and noticed in accordance with the provisions of Article III.(2).
A majority of the members of the CRC2 shall constitute a quorum for the
transaction of business. All actions of the CRC2 shall require the affirmative
votes of a majority of the members at a meeting duly held at which a quorum is
present.
C. Should a member disagree with the denial of a request for settlement
authority, the member may appeal the decision to the GL2 Committee for
reconsideration. If the Committee agrees with the CRC2’s decision, then the
member may appeal the decision to the Executive Committee pursuant to
subsection (c) of Article 31 of the Agreement and thereafter follow the steps laid
out in that subsection.
11. APPLICATION TO THE PROGRAM.
A. All applications to join the GL2 Program will be evaluated by and subject to
approval by the GL2 Committee and the underwriter.
B. Any entity which makes application to become a participating member of the
GL2 Program who is not already a participating member in PRISM must also be
approved in accordance with the provisions of Article 19 of the Agreement.
C. New participating members may be added to the GL2 Program during the term
of the coverage period on a pro-rata basis. Notwithstanding late entry into the
Program, the new member may be assessed additional sums pursuant to
paragraph 6 herein, based upon all claims against the fund during the entire
coverage period.
12. WITHDRAWAL AND/OR CANCELLATION FROM THE PROGRAM. Withdrawal
and/or cancellation of a member from the GL2 Program shall be in accordance with the
provisions of Article 20 or 21 of the Agreement, except that any interest or other dividend
to which the withdrawing member is otherwise entitled shall be payable to the withdrawing
member in accordance with paragraph 7 herein.
13. LATE PAYMENTS. Notwithstanding any other provision to the contrary regarding
late payment of invoices or cancellation from a program, at the discretion of the Executive
Committee, any member that fails to pay an invoice when due may be given a ten (10)
day written notice of cancellation.
6.d
Packet Pg. 137 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
General Liability 2 Program Amended: July 1, 2019
Memorandum of Understanding
Page 5 of 5
5/30/19
14. RESOLUTION OF DISPUTES. Any question or dispute with respect to the rights
and obligations of the parties to this Memorandum regarding coverage shall be
determined in accordance with the Article 31 of the Agreement, and may also be subject
to approval of the underwriter.
15. AMENDMENT. This Memorandum may be amended by a majority vote of the GL2
Committee and signature on the Memorandum by the member’s designated
representative who shall have authority to execute this Memorandum. Should a member
of the GL2 Program fail to execute any amendment to this Memorandum within the time
provided by the GL2 Committee, the member will be deemed to have withdrawn as of the
end of the policy period.
16. COMPLETE AGREEMENT. Except as otherwise provided herein, this
Memorandum constitutes the full and complete agreement of the members.
17. SEVERABILITY. Should any provision of this Memorandum be judicially
determined to be void or unenforceable, such determination shall not affect any remaining
provision.
18. EFFECTIVE DATE. This Memorandum shall become effective on the effective
date of coverage for the member and upon approval by the GL2 Committee of any
amendment, whichever is later.
19. EXECUTION IN COUNTERPARTS. This Memorandum may be executed in
several counterparts, each of which shall be an original, all of which shall constitute but
one and the same instrument.
In witness whereof, the undersigned have executed this Memorandum as of
the date set forth below.
Dated:
Public Risk Innovation, Solutions, and Management
Dated: ____________ ___________________________________________
Name, Position: ______________________________
Member Entity: _______________________________
6.d
Packet Pg. 138 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Adopted: December 6, 1985
Last Amended: July 1, 2019
PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
UNDERWRITING AND CLAIMS ADMINISTRATION STANDARDS
I. GENERAL
A. Each Member shall appoint an official or employee of the Member to
be responsible for the risk management function and to serve as a
liaison between the Member and PRISM for all matters relating to risk
management.
B. Each Member shall maintain a loss prevention program and shall
consider and act upon all recommendations of PRISM concerning the
reduction of unsafe conditions.
II. EXCESS WORKERS' COMPENSATION PROGRAM
A. Members of the Excess Workers’ Compensation Program, except
those members of the Primary Workers’ Compensation Program
whose responsibilities are outlined in Section IV below, shall be
responsible for the investigation, settlement, defense and appeal of any
claim made, suit brought or proceeding instituted against the Member.
1. The Member shall use only qualified personnel to administer its
workers' compensation claims. At least one person in the claims
office (whether in-house or outside administrator) shall be
certified by the State of California as a qualified administrator of
self-insured workers' compensation plans.
2. Qualified defense counsel experienced in workers’
compensation law and practice shall handle litigated claims.
Members are encouraged to utilize attorneys who have the
designation “Certified Workers’ Compensation Specialist, the
State Bar of California, Board of Legal Specialization”.
3. The Member shall use PRISM's Workers' Compensation Claims
Administration Standards (Addendum A) and shall advise its
claims administrator that these standards are utilized in PRISM's
workers' compensation claims audits.
B. The Member shall provide PRISM written notice of any potential excess
workers' compensation claims in accordance with the requirements of
PRISM's Bylaws. Updates on such claims shall be provided pursuant
to the reporting provisions of PRISM’s Workers’
EXHIBIT A
6.d
Packet Pg. 139 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Compensation Claims Administration Standards (Addendum A) or as
requested by PRISM and/or PRISM's excess carrier.
C. A claims administration audit utilizing PRISM's Workers' Compensation
Claims Administration Standards (Addendum A) shall be performed once
every two (2) years. In addition, an audit will be performed within twelve (12)
months of any of the following events:
1. There is an unusual fluctuation in the Member's claim experience or
number of large claims, or
2. There is a change of workers' compensation claims administration
firms, or
3. The Member is a new member of the Excess Workers’ Compensation
Program.
The claims audit shall be performed by a firm selected by PRISM unless an
exception is approved. Recommendations made in the claims audit shall be
addressed by the Member and a written response outlining a program for
corrective action shall be provided to PRISM within sixty (60) days of receipt
of the audit.
D. Each Member shall maintain records of claims in each category of coverage
(i.e. indemnity, medical, expense) or as defined by PRISM and shall provide
such records to PRISM as directed by the Board of Directors, Claims Review
Committee, Underwriting Committee, or Executive Committee. Such records
shall include both open and closed claims, allocated expenses, and shall not
be capped by the Member’s self-insured retention.
E. The Member shall obtain an actuarial study performed by a Fellow of the
Casualty Actuarial Society (FCAS) at least once every three (3) years. Based
upon the actuarial recommendations, the Member should maintain reserves
and make funding contributions equal to or exceeding the present value of
expected losses and a reasonable margin for contingencies.
III. GENERAL LIABILITY PROGRAMS
A. Members of the General Liability 1 or General Liability 2 Programs, except
those members of the Deductible Buy-Down Program whose responsibilities
are outlined in Section V below, shall be responsible for the investigation,
settlement, defense and appeal of any claim made, suit brought or proceeding
instituted against the Member.
1. The Member shall use only qualified personnel to administer its liability
claims.
6.d
Packet Pg. 140 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
2. Qualified defense counsel experienced in tort liability law shall handle
litigated claims. Members are encouraged to utilize defense counsel
experienced in the subject at issue in the litigation.
3. The Member shall use the Liability Claims Administration Standards
(Addendum B) and shall advise its claims administrator that these
standards are utilized in PRISM's liability claims audits.
B. The Member shall provide PRISM written notice of any potential excess
liability claim in accordance with the requirements of PRISM's Bylaws.
Updates on such claims shall be provided pursuant to the reporting provisions
of PRISM’s Liability Claims Administration Standards (Addendum B) or as
requested by PRISM and/or PRISM's excess carrier.
C. A claims administration audit utilizing PRISM's Liability Claims Administration
Standards (Addendum B) shall be performed once every two (2) years. In
addition, an audit will be performed within twelve (12) months of any of the
following events:
1. There is an unusual fluctuation in the Member's claims experience or
number of large claims, or
2. There is a change of liability claims administration firms, or
3. The Member is a new member of the General Liability 1 or General
Liability 2 Program.
The claims audit shall be performed by a firm selected by PRISM unless an
exception is approved. Recommendations made in the claims audit shall be
addressed by the Member and a written response outlining a program for
corrective action shall be provided to PRISM within sixty (60) days of receipt
of the audit.
D. Each Member shall maintain records of claims in each category of coverage
(i.e. bodily injury, property damage, expense) or as defined by PRISM and
shall provide such records to PRISM as directed by the Board of Directors or
applicable committee. Such records shall include open and closed claims,
allocated expenses, and shall not be capped by the Member’s self-insured
retention.
E. The Member shall obtain an actuarial study performed by a Fellow of the
Casualty Actuarial Society (FCAS) at least once every three (3) years. Based
upon the actuarial recommendations, the Member should maintain reserves
and make funding contributions equal to or exceeding the present value of
expected losses and a reasonable margin for contingencies.
6.d
Packet Pg. 141 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
IV. PRIMARY WORKERS’ COMPENSATION PROGRAM
A. Members of the Primary Workers’ Compensation Program shall provide the
third party administrator written notice of any claim in accordance with the
requirements of PRISM. Members must also cooperate with the third party
administrator in providing all necessary information in order for claims to be
administered appropriately.
B. PRISM shall be responsible for ensuring qualified personnel administer
claims in the Primary Workers’ Compensation Program and that claims are
administered in accordance with PRISM’s Workers’ Compensation Claims
Administration Standards (Addendum A).
C. PRISM shall be responsible for ensuring a claims administration audit utilizing
PRISM’s Workers’ Compensation Claims Administration Standards
(Addendum A) is performed once every two (2) years.
D. PRISM shall be responsible for obtaining an actuarial study performed by a
Fellow of the Casualty Actuarial Society (FCAS) annually.
V. DEDUCTIBLE BUY-DOWN PROGRAM
A. Members of the Deductible Buy-Down Program shall provide the third party
administrator written notice of any claim or incident in accordance with the
requirements of PRISM. Members must also cooperate with the third party
administrator in providing all necessary information in order for claims to be
administered appropriately.
B. PRISM shall be responsible for ensuring qualified personnel administer
claims in the Deductible Buy-Down Program and that claims are administered
in accordance with PRISM’s Liability Claims Administration Standards
(Addendum B).
C. PRISM shall be responsible for ensuring a claims administration audit utilizing
PRISM’s Liability Claims Administration Standards (Addendum B) is
performed once every two (2) years.
D. The Authority shall be responsible for obtaining an actuarial study performed
by a Fellow of the Casualty Actuarial Society (FCAS) annually.
VI. PROPERTY PROGRAM
A. Members of the Property Program shall maintain appropriate records
including a complete list of insured locations and schedule of values
pertaining to all real property. Such records shall be provided to PRISM or its
brokers as requested by the Executive or Property Committees.
6.d
Packet Pg. 142 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
B. Each Member shall perform a real property replacement valuation for all
locations over $250,000. Valuations shall be equivalent to the Marshall Swift
system and shall be performed at least once every five (5) years for all
locations over $1,000,000 and at least once every ten (10) years for all
locations with a valuation between $250,000 and $1,000,000. New members
shall have an appraisal or valuation performed within one year from entry into
the Program.
VII. MEDICAL MALPRACTICE PROGRAM
A. Program I
1. Members of Medical Malpractice Program I (hereinafter Program I)
shall be responsible for the investigation, settlement, defense and
appeal of any claim made, suit brought or proceeding instituted against
the Member.
a. Members of Program I shall use only qualified personnel to
administer its health facility claims.
b. Qualified defense counsel experienced in health facility law
shall handle litigated claims.
c. Members of Program I shall use the "Claims Reporting and
Handling Guidelines" in the PRISM Medical Malpractice
Program Operating and Guidelines Manual (hereinafter
Operating and Guidelines Manual), and shall advise its claims
administrator that these claims handling guidelines are utilized
in PRISM's medical malpractice claims audits.
2. Members of Program I shall provide PRISM written notice of any
potential excess claim or "major incident" in accordance with the
requirements of PRISM and of the excess carrier as stated in the
Operating and Guidelines Manual. Updates on such claims or major
incidents shall be provided as requested by PRISM.
3. A claims administration audit utilizing PRISM's Claims Reporting and
Handling Guidelines in the Operating and Guidelines Manual shall be
performed once every three (3) years. In addition, an audit will be
performed within twelve (12) months of any of the following events:
a. There is an unusual fluctuation in the Member's claims
experience or number of large claims, or
b. There is a change of health facility claims administration firms,
or
6.d
Packet Pg. 143 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
c. The Member is a new member of the Medical Malpractice
Program, or
d. The Medical Malpractice Committee requests an audit. The
claims audit shall be performed by a firm(s) selected by PRISM.
Recommendations made in the claims audit shall be addressed
by the Member and a written response outlining a program for
corrective action shall be provided to PRISM within sixty (60)
days of receipt of the audit.
4. Each Member shall maintain records of claims in each category of
coverage (i.e. bodily injury, property damage, expense) or as defined
by PRISM and shall provide such records to PRISM as directed by
the Board of Directors or applicable committee. Such records shall
include open and closed claims, allocated expenses, and shall not be
capped by the Member’s self-insured retention.
5. Members of Program I shall obtain an actuarial study performed by a
Fellow of the Casualty Actuarial Society (FCAS) at least once every
three (3) years. Based upon the actuarial recommendations, the
Member should maintain reserves and make funding contributions
equal to or exceeding the present value of expected losses and a
reasonable margin for contingencies.
6. The Member shall have an effective risk management program in
accordance with the "Risk Management Guidelines" as stated in the
Operating and Guidelines Manual.
B. Program II
1. For Medical Malpractice Program II (hereinafter Program II) Members,
PRISM shall be responsible for the investigation, settlement, defense
and appeal of any claim made, suit brought or proceeding instituted
against the Member. PRISM may contract with a third party
administrator for handling of such claims.
2. PRISM shall be responsible for ensuring the third party administrator
uses qualified personnel to administer Program II claims.
3. PRISM shall be responsible for ensuring qualified defense counsel
experienced in health facility law shall handle litigated claims.
4. PRISM shall be responsible for ensuring a claims administration audit
utilizing PRISM's Claims Reporting and Handing Guidelines in the
Operating and Guidelines Manual shall be performed once every two
(2) years.
6.d
Packet Pg. 144 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
The claims audit shall be performed by a firm(s) selected by PRISM.
Recommendations made in the claims audit shall be addressed by
the third party administrator and a written response outlining a
program for corrective action shall be provided to PRISM within sixty
(60) days of receipt of the audit.
5. PRISM shall be responsible for obtaining an actuarial study performed
by a Fellow of the Casualty Actuarial Society (FCAS) annually.
6. The Member shall have an effective risk management program in
accordance with the "Risk Management Guidelines" as stated in the
Operating and Guidelines Manual.
VIII. SANCTIONS
A. PRISM shall provide the Member written notification of the Member's failure
to meet any of the above-mentioned standards or of other concerns, which
affect or could affect PRISM.
B. The Member shall provide a written response outlining a program for
corrective action within sixty (60) days of receipt of PRISM's notification.
C. After approval by the Executive or applicable Program Committee of the
Member's corrective program, the Member shall implement the approved
program within ninety (90) days. The Member may request an additional sixty
(60) days from the Executive or applicable Program Committee. Further
requests for extensions shall be referred to the Board of Directors.
D. Failure to comply with subsections B or C may result in cancellation of the
Member from the affected PRISM Program in accordance with the provisions
in the Joint Powers Agreement.
E. Notwithstanding any other provision herein, any Member may be canceled
pursuant to the provision of the Joint Powers Agreement.
6.d
Packet Pg. 145 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Addendum B: Liability
Claims Administration Guidelines
Page 1 of 8
ADDENDUM TO EXHIBIT A Adopted: December 6, 1985
Last Amended: July 1, 2019
ADDENDUM B
LIABILITY CLAIMS ADMINISTRATION STANDARDS
The following Standards have been adopted by Public Risk Innovation, Solutions, and
Management (hereinafter PRISM) in accordance with Article 18(b) of the PRISM Joint
Powers Agreement. It is the intent that these standards shall be followed by the Member
and/or third party administrator.
I. CLAIMS INVESTIGATION
A. Complete initial investigation answering questions such as who, what, where,
when and why. Investigations shall be completed within forty-five (45) days
of the Member’s knowledge of claim, including statements from participants
and witnesses, appropriate official reports, investigative reports, site
inspections, relevant documents and photos/videos.
B. Identify liability issues, including immunities, comparative negligence, joint
tortfeasors and joint and several liability.
C. Initiate the development of information on damages including, but not limited
to:
1. Property damage
2. Nature and extent of injuries
3. Medical costs (billed and paid)
4. Lost wages (past and future)
5. Other economic damages
6. Non-economic damages
D. Obtain and review relevant contracts and insurance documents, to determine
whether there is any sharing or complete transfer of the risk.
1. Hold-harmless and/or indemnity agreements
2. Additional insured requirements
E. Ensure proper preservation of evidence.
F. Evaluate the need to utilize experts.
G. Indexing.
6.d
Packet Pg. 146 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Addendum B: Liability
Claims Administration Guidelines
Page 2 of 8
1. All bodily injury claims shall be initially reported to the Index Bureau
and re-indexed on an as needed basis thereafter.
PRISM maintains a membership with the Index Bureau that members can
access.
H. Secure estimates or appraisals for damaged property.
I. All notices (pertaining to claim insufficiency, returning late claims, claims
rejections, etc.) shall be done in accordance with the relevant Governmental
Code provisions.
II. PRISM REPORTING REQUIREMENTS
A. First Report
The Member shall give PRISM immediate written notice for any claims or
suits which the Member becomes aware of that include injury of the following
types:
a. Death
b. Paralysis, paraplegia, quadriplegia
c. Loss of eye(s), or limbs
d. Spinal cord or brain injury
e. Dismemberment or amputation
f. Sensory organ or nerve injury or neurological deficit
g. Serious burns
h. Severe scarring
i. Sexual assault or battery including but not limited to rape,
molestation or sexual abuse
j. Substantial disability or disfigurement
k. Any class action
l. Any claim or suit in which PRISM is named as a defendant; or
m. Any injury caused by lead.
Additionally, the covered party must report to PRISM an occurrence, offense,
or wrongful act as follows:
As respect to the General Liability 1 Program members, this includes
any occurrence, offense, or wrongful act in which the amount incurred
has reached fifty (50) percent or more of their individual self- insured
retention or $500,000, whichever is lower.
As respect to the General Liability 2 Program members, this includes
any occurrence, offense, or wrongful act in which the amount incurred
6.d
Packet Pg. 147 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Addendum B: Liability
Claims Administration Guidelines
Page 3 of 8
has reached fifty (50) percent of their individual self-insured retention.
These reporting requirements are intended to be consistent with the
requirements in the current year Memorandum of Coverage (MOC).
Reporting requirements specific to a loss outside the current MOC year
should be verified through the MOC effective for that loss year.
Utilize the current First Report Potential Excess Liability Claims form,
available through PRISM’s website, and transmit to PRISM by email to
liabilityclaims@csac-eia.org.
First report forms shall, at a minimum, include the following:
• Entity name
• Entity’s claim number
• Defense counsel’s name and firm name
• Lead Claimant’s first and last name
• Specific date of loss
• Brief description of the incident
• Established reserves for indemnity, litigation, and expense
B. Status Reports
After the First Report to PRISM, status reports, whether provided by the
Member, third party administrator or defense counsel, shall be provided at a
minimum of every ninety (90) days (more frequently if warranted). Status
reports shall focus on changes in liability analysis, damages, and reserves.
C. Photos, diagrams, estimates, statements, contracts, medical, law
enforcement and coroner's reports (where applicable), claim forms, lawsuits
(including amended complaints), motions for summary judgment, demurrers,
dismissals, appellate briefs and orders/rulings/judgments shall be in the
claims file, and provided to PRISM, within ninety (90) days of receipt of the
material.
D. Closure Reports
When a claim or suit that has been reported to PRISM is settled, dismissed
or closed in any other fashion, PRISM shall be provided with the closing
documents and an accounting of the final paid amounts on the exposure for
indemnity, litigation, and expense within 90 days from the day the final
defense bill is paid.
III. MEDICARE REPORTING
A. Proper verification of a claimant’s status as to Medicare eligibility shall be
6.d
Packet Pg. 148 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Addendum B: Liability
Claims Administration Guidelines
Page 4 of 8
completed and documented in every file involving a bodily injury. In those
cases where the claimant does meet the eligibility requirements, mandatory
reporting to the Center for Medicare and Medicaid Services (CMS) must be
completed directly or through a reporting agent in compliance with State
Children’s Health Insurance Program (SCHIP) Section 111 of the Medicare
Medicaid and SCHIP Extension Act of 2007.
IV. RESERVING
Each claim should be reviewed and evaluated according to the merits of the claim
and based upon the most current and reliable information received, starting with the
initial report of claim and continuing through final resolution. Delays result in
understated reserves and, possibly, missed opportunities to settle.
A. An accurate and appropriate initial indemnity reserve shall be established on
all reportable claims based on facts known, upon completion of the initial
investigative report or when suit is filed, whichever occurs first. In addition,
separate legal and adjusting reserves shall be established.
Indemnity reserves shall reflect the most probable outcome plus exposure to
plaintiff attorney’s fees and costs.
Most probable outcome is the potential total amount a plaintiff could expect
to receive, either through settlement or verdict, after factoring in the
Member’s percentage of liability. (This approach is neither the best or worst
case outcome).
Factors to consider for when evaluating the potential total settlement or
verdict a plaintiff could expect to receive include but are not limited to:
• Extent of injuries and/or damages
• Medical expenses
• Loss of income
• Any other related expenses
• Future anticipated expenses
• Total of both gross and out-of-pocket expenses
• Permanent injury
• Disfigurement/scarring
• Pain and suffering
• Any other intangible factors which may result in a higher or lower
claim value such as jurisdiction, credibility of parties/witnesses, etc.
Percentage of liability is determined by various factors that are discovered
during an investigation. Reserves shall be adjusted accordingly, as facts are
developed, to properly reflect the exposure. These factors include but are not
limited to:
6.d
Packet Pg. 149 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Addendum B: Liability
Claims Administration Guidelines
Page 5 of 8
a. Facts of loss
b. Applicable laws
c. Defense Counsel evaluations
d. Jury Verdict evaluation
e. The extent of plaintiff's liability (comparative negligence)
f. The number of co-defendants and their percentage of liability
g. The ability of the co-defendants to respond financially to any
settlement or verdict.
h. On cases occurring after June 3, 1986, Proposition 51 allows
defendants to limit their liability on non-economic damages to
their percentage of fault.
i. On cases involving uninsured motorist claimants the recovery
is limited to economic damages in accordance with California
Code of Civil Procedures sections 3333.3 and 3333.4 (Prop
213).
j. Any other mitigating factors
2. Reserves shall be set at the most probable outcome even if it exceeds the
Member’s Self-Insured Retention. In all litigated Excess reportable cases, the
Member shall set a meaningful indemnity reserve.
3. Reserves shall be evaluated for adequacy at least every ninety (90) days.
All reserve changes shall be documented in a paper or electronic file
providing explanation of the reason for the reserve change or notation that
the current reserve is adequate and why. PRISM shall be notified of all
reserve changes within thirty (30) days of the change being made.
V. DOCUMENTATION
A. Each file shall contain information necessary to document the decisions
made, including all demands, offers of settlement and settlement authority.
For those cases in which the (1) Bodily Injury claims reserved above twenty-
five (25) percent of the S.I.R., (2) Property Damage claims reserved above
twenty-five (25) percent of the S.I.R., and (3) All claims that meet PRISM’s
excess reporting requirements regardless of reserves, the following
information shall be contained in each file:
1. Claimant(s) Information
2. Date of Loss
3. Claim Number
4. Facts of accident or occurrence
5. Witness/Participant Statement
6. Reserve rationale
7. Assessment of liability
8. Damages/injuries, including medical costs, lost wages, dependency,
6.d
Packet Pg. 150 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Addendum B: Liability
Claims Administration Guidelines
Page 6 of 8
property damage estimates, total loss evaluations, loss of use claims,
and other damages
9. Index Bureau reporting
10. Coverage questions
11. Excess potential
12. Structured Settlement possibilities (where applicable)
13. Alternative Dispute Resolution
14. Subrogation potential (where applicable)
12 Governmental Code compliance and immunities
13. Future course of action
14. Next diary date
15. If litigated, identify counsel on both sides
16. Offsets or liens that may need to be considered
17. Medicare eligibility and reporting
18. Risk and insurance transfer
VI. CASE SETTLEMENT FACTORS
A. Settlement evaluation and authority by the Member shall be documented. On
cases exceeding the S.I.R., prior written settlement authority must be
obtained from PRISM.
B. The settlement shall be reasonable in light of damages, injuries, liability, and
any obligations to Medicare.
C. Settlements shall be effected in a timely manner, with consideration given to
structures, statutory offers (Rule 68 or 998) where applicable, and/or
alternative dispute resolution.
D. Contributions from joint tortfeasors shall be considered.
E. Proper releases and dismissals shall be secured and copies provided to
PRISM.
VII. LITIGATED FILES
A. Defense litigation plan shall be in the file.
B. Defense attorney’s initial evaluation and budget shall be completed and in
the file within sixty (60) days of assignment. If the billed amount of attorney’s
fees and costs exceeds seventy-five (75) percent of the total budget, then the
defense attorney shall provide an updated budget.
C. On litigated cases, defense counsel shall also include PRISM on their mailing
lists for copies of correspondence, reports, evaluations, interrogatory
summaries, deposition summaries and medical summaries. Actual
6.d
Packet Pg. 151 Attachment: HR.Risk Management Program.Exhibit B [Revision 1] (6816 : Risk Management Insurance Program Update Fiscal Year 2020/21)
Addendum B: Liability
Claims Administration Guidelines
Page 7 of 8
deposition transcripts, interrogatories, their answers to interrogatories and
interim billings are not required.
Updated reports shall provide a summary of pertinent information based on
the status of a case. Pertinent information includes, but is not limited to:
• Identified experts – what their analysis has concluded, their credibility
as a witness (both plaintiff and defense), and how their testimony
will/will not influence the case potential.
• Witness deposition summaries including an evaluation of their
credibility as a witness and how their testimony will/will not influence
the case potential.
• A summary of relevant documents disclosed or obtained through
discovery and an analysis of their impact on the case.
• A summary of applicable case law and immunities.
• Updated evaluation of damages including, but not limited to, billed and
paid medical bills, estimated future medical expenses, past and future
wage loss estimates, and general damage estimates.
• Analysis of liability and potential settlement/verdict value as well as
suggested next steps (MSJ, Demurrer, Mediation, etc.).
D. The defense attorney shall make proper follow-up requests for investigation.
E. There shall be timely recommendations from defense firms regarding expert
retention, settlements, and trial preparation.
F. Defense costs shall be controlled by the Member. Depositions, retention of
experts, expert costs, and other defense costs shall be approved by the
Member.
G. Litigation outcome and total costs shall be documented.
H. There shall be timely notification to relevant employees and other parties
regarding pending litigation.
No less than forty-five (45) days prior to trial, counsel shall provide a pre-trial
report that discusses the following:
1. Case Summary
• Plaintiff and any individual Defendants including counsel’s
opinion as to how each will be viewed by a jury
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Addendum B: Liability
Claims Administration Guidelines
Page 8 of 8
• List of claims
• Summary of Facts
• Expected percipient witness testimony
• Expected Liability Expert Testimony
• Critical Liability Issues
• Summary of Special and General Damages including
expected damage expert testimony
• Summary of Punitive Damages and non-monetary relief
requested (if applicable)
• Attorneys’ fees and costs estimate for claims that involve
the potential award of attorneys’ fees
2. Evaluation
• Potential Verdict Value
• Comparative Fault Analysis
• Settlement Discussion summary
• Probability of Defense Verdict
Throughout trial, a daily trial status update shall be provided to PRISM by
defense counsel, the Member, or the Third-Party Administrator. This can be
informal, such as an email or voicemail advising of the day’s activities,
impressions of witnesses, any impacting developments, and an update
regarding the next day’s schedule.
I. Appropriate Dismissal Motions shall be made for failure to meet the applicable
Code of Civil Procedure statutes for timely serving, conducting discovery or
bringing a complaint to trial.
VIII. SUMMARY
The file shall be completely documented.
Audits conducted by the PRISM Auditor shall measure whether performance is
consistent with these standards.
Following is the history of amendments to this document:
Adopted: December 6, 1985
Amended: January 23, 1987
Amended: October 6, 1995
Amended: October 1, 1999
Amended: March 2, 2007
Amended: March 5, 2010
Amended: March 2, 2012
Amended: June 1, 2012
Amended: July 1, 2019
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ALLIANT
PREMIUMS*
Line of Coverage Deductible/SIR Limit Amount Deductible/SIR Limit Amount FY 19/20 FY 20/21 FY 20/21
$ Difference
FY 19/20
All Lines of
Coverage
% Difference
FY 19/20
All Lines of
Coverage
$ Difference
FY 20/21
Excludes GL
% Difference
FY 20/21
Excludes GL
Excess General Liability PENDING PENDING $581,375 NA $3,500,000 $2,918,625 502%
Commercial Property $100K $50 M + $5 M DIC $100K $300 M $621,091 $810,000 $1,096,500 $94,309 9%-$158,505 -12.63%
DIC (Earthquake + Flood)$250K or 5%$5 M excess of $5 M
$100k or 5%
(Earthquake)
$25k (Flood)
$100 M (Earthquake)
$200 M (Flood)$108,824 $126,791
DIC (Earthquake + Flood)$250K or 5%$10 M excess of $10 M $134,160 $152,965
DIC (Earthquake + Flood)$250K or 5%$10 M excess of $20 M $85,656 $106,605
Auto Physical Damage $5K Replacement Cost $10k Replacement Cost or Cash
Value $37,651 $42,124
Terrorism + Sabotage $25K $50 M $100K $750 M $14,809 $16,520
Cyber Network Liability $25K $2 M $50K $12 M $47,474 $50,245 $6,350 -$41,124 -87%-$43,895 -87.36%
Subtotal $1,631,040 $1,305,250 $4,602,850 $2,971,810 182%-$202,400 -15.51%
Broker Fee NA NA NA NA $85,000 $85,000 NA
Property Appraisal NA NA NA NA $0 $40,000 NA
Grand Total $1,716,040 $1,430,250 $4,602,850
*Broker fee paid by the pool and appraisals included in premiums
FY 20/21 Aon property program aggregate $1,255,005
FY 19/20 Aon property program aggregate $1,002,191
Aon Broker Fee + Property Appraisal $125,000
INSURANCE OVERVIEW
Aon unable to obtain premium quote,
approached 28 carriers
Aon unable to obtain premium
quote, approached 28 carriers
AON OPTION ALLIANT OPTION AON PREMIUMS
ALLIANT
COMPARED TO AON
ATTACHMENT #5 6.e
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ATTACHMENT #6
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PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
CYBER LIABILITY PROGRAM
2020/2021 PROPOSAL
NOTE: THIS PROPOSAL IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY
FORM IN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION
Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660
PHONE (949) 756-0271 www.alliant.com License No. 0C36861
Page 1 of 6
ENTITY NAME City of San Bernardino
POLICY TERM July 1, 2020 to July 1, 2021
COMPANY(IES) AFFORDING
COVERAGE
1. Lloyd’s of London – Beazley Syndicate AFB2623/623
2. Greenwich Insurance Company (AXA XL)
3. Crum & Forster Specialty Insurance Company
4. Ironshore (Liberty Surplus Insurance Corporation)
5. Brit Global Specialty USA (A Lloyd’s of London Syndicate 2987/2988)
A.M. BEST’S GUIDE RATING 1. A (Excellent); Financial Size Category XV ($2 Billion or greater)
2. A (Excellent); Financial Size Category XV ($2 Billion or greater)
3. A (Excellent); Financial Size Category XIII ($1.25 Billion to $1.5 Billion)
4. A (Excellent); Financial Size Category XV ($2 Billion or greater)
5. A (Excellent); Financial Size Category XV ($2 Billion or greater)
STANDARD & POOR’S RATING 1. A+ (Negative)
2. A+ (Stable)
3. A- (Positive)
4. A (Stable)
5. A+ (Stable)
CALIFORNIA STATUS 1. Non-admitted
2. Admitted
3. Non-admitted
4. Non-admitted
5. Non-admitted
CHOICE OF LAW California (All carriers)
RETROACTIVE
& CONTINUITY DATE
March 31, 2010 or the effective date of coverage for a specific Member/Insured
added subsequent to a renewal (All carriers)
COVERAGE PROVIDED CLAIMS MADE AND REPORTED POLICY
•Breach Response Costs
•First Party Loss
•Business Interruption Loss Resulting from a Security Breach
•Business Interruption Loss Resulting from a System Failure
•Dependent Business Interruption Loss Resulting from a Security Breach
•Dependent Business Interruption Loss Resulting from a System Failure
•Cyber Extortion Loss
•Data Recovery Costs
•Liability
•Data & Network Liability
•Regulatory Defense & Penalties
ATTACHMENT #7
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PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
CYBER LIABILITY PROGRAM
2020/2021 PROPOSAL
NOTE: THIS PROPOSAL IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY
FORM IN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION
Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660
PHONE (949) 756-0271 www.alliant.com License No. 0C36861
Page 2 of 6
COVERAGE PROVIDED
Continued
• Payment Card Liabilities & Costs
• Media Liability (Electronic Medial Only)
• eCrime
• Fraudulent Instruction
• Funds Transfer Fraud
• Telephone Fraud
• Criminal Reward
• Reputation Costs
• Computer Hardware Replacement Costs
• Invoice Manipulation
• Cryptojacking
PRIMARY LAYER LIMIT(S)
1. Beazley
$25,000,000 Policy Aggregate Limit of Liability for all Members/Insureds
combined (Aggregate for all coverages combined, including
Claim Expenses) with sub-limits below:
$ 2,000,000 Per Member Aggregate Limit of Liability (Aggregate for all
coverages combined, including Claim Expenses) with sub-
limits below:
$ 500,000 Breach Response Costs (Non approved Beazley Vendor)
Limit increases to $1,000,000 for each Member/Insured with Total
Insured Value (TIV) below $750,000,000 or $1,250,000 for each
Member/Insured with Total Insured Value (TIV) greater than
$750,000,000 at the time of inception, if the Member/Insured agrees
to utilize services entirely from Beazley Nominated Service Providers
First Party Loss
Business Interruption Loss:
$ 2,000,000 Resulting from Security Breach
$ 500,000 Resulting from System Failure
Dependent Business Interruption Loss:
$ 750,000 Resulting from Dependent Security Breach
$ 100,000 Resulting from Dependent System Failure
$ 2,000,000 Cyber Extortion Loss
$ 2,000,000 Data Recovery Costs
Liability
$ 2,000,000 Data & Network Liability
$ 2,000,000 Regulatory Defense & Penalties
$ 2,000,000 Payment Card Industry Fines & Penalties
$ 2,000,000 Media Liability (Electronic Media Only)
eCrime
$ 75,000 Fraudulent Instruction
$ 75,000 Funds Transfer Fraud
$ 75,000 Telephone Fraud
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PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
CYBER LIABILITY PROGRAM
2020/2021 PROPOSAL
NOTE: THIS PROPOSAL IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY
FORM IN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION
Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660
PHONE (949) 756-0271 www.alliant.com License No. 0C36861
Page 3 of 6
PRIMARY LAYER LIMIT(S)
Continued
Criminal Reward
$ 25,000 Criminal Reward
$ 50,000 Reputation Costs
$ 75,000 Computer Hardware Replacement Costs
$ 100,000 Invoice Manipulation
$ 25,000 Cryptojacking
SELF-INSURED
RETENTION
$ 50,000 Per Claim for each Insured/Member with Total Insured Value
(TIV) up to $750,000,000 at the time of policy inception
• Eight hour waiting period for Business Interruption and Dependent Business
Interruption claims
EXCESS LAYER LIMIT(S) 2. AXA XL
All limits, sublimits and terms changes/enhancements provided by Beazley are
recognized and followed by AXA XL, except for the optional coverage below.
$15,000,000 Policy Aggregate Limit of Liability for all Members combined
(Aggregate for all Coverages combined, including Claim
Expenses)
$ 3,000,000 Per Member Aggregate Limit of Liability (Aggregate for all
Coverages combined, including Claims Expenses)
EXCESS LAYER LIMIT(S) 3. Excess Layer: Crum & Forster
All limits, sublimits and terms changes/enhancements provided by Beazley and
AXA XL are recognized and followed by C&F, except for the optional coverage
below.
$10,000,000 Policy Aggregate Limit of Liability for all Members combined
(Aggregate for all Coverages combined, including Claim
Expenses)
$ 2,000,000 Per Member Aggregate Limit of Liability (Aggregate for all
Coverages combined, including Claim Expenses)
EXCESS LAYER LIMIT(S) 4. Ironshore (Liberty)
All limits, sublimits and terms changes/enhancements provided by Beazley, AXA
XL, and C&F are recognized and followed by Ironshore/Liberty, except for the
optional coverage below.
$10,000,000 Policy Aggregate Limit of Liability for all Members combined
(Aggregate for all Coverages combined, including Claim
Expenses)
$ 3,000,000 Per Member Aggregate Limit of Liability (Aggregate for all
Coverages combined, including Claim Expenses)
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PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
CYBER LIABILITY PROGRAM
2020/2021 PROPOSAL
NOTE: THIS PROPOSAL IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY
FORM IN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION
Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660
PHONE (949) 756-0271 www.alliant.com License No. 0C36861
Page 4 of 6
EXCESS LAYER LIMIT(S) 5. Brit
All limits, sublimits and terms changes/enhancements provided by Beazley, AXA
XL, C&F, and Ironshore/Liberty are recognized and followed by Brit, except for the
optional coverage below.
$10,000,000 Policy Aggregate Limit of Liability for all Members combined
(Aggregate for all Coverages combined, including Claim
Expenses)
$ 2,000,000 Per Member Aggregate Limit of Liability (Aggregate for all
Coverages combined, including Claim Expenses)
MAJOR EXCLUSIONS
(Including but not limited to)
• Bodily Injury or Property Damage
• Trade Practices and Antitrust
• Gathering or Distribution of Information
• Prior Known Acts & Prior Noticed Claims
• Racketeering, Benefits Plans, Employee Liability & Discrimination
• Sale or Ownership of Securities & Violation of Securities Laws
• Criminal, Intentional or Fraudulent Acts
• Patent, Software Copyright, Misappropriation of Information
• Other Insureds & Related Enterprises
• Trading Losses, Loss of Money & Discounts
• Media Related Exposures
• First Party Loss
• Seizure, nationalization, confiscation, or destruction of property or data by
order of any governmental or public authority;
• Costs or expenses incurred by the Insured to identify or remediate
software program errors or vulnerabilities or update, replace, restore,
assemble, reproduce, recollect or enhance data or Computer Systems to a
level beyond that which existed prior to a Security Breach, System Failure,
Dependent Security Breach, Dependent System Failure or Extortion
Threat;
• Failure or malfunction of satellites or of power, utility, mechanical or
telecommunications (including internet) infrastructure or services that are
not under the Insured Organization’s direct operational control; or Fire,
flood, earthquake, volcanic eruption, explosion, lightning, wind, hail, tidal
wave, landslide, act of God or other physical event
CLAIMS REPORTING Immediate Notice must be made to all insurers of all potential claims and
circumstances
TOTAL INSURED VALUE (TIV) $322,871,342
ANNUAL PREMIUM $6,350
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PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
CYBER LIABILITY PROGRAM
2020/2021 PROPOSAL
NOTE: THIS PROPOSAL IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY
FORM IN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION
Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660
PHONE (949) 756-0271 www.alliant.com License No. 0C36861
Page 5 of 6
OPTIONAL 1. Beazley
Beazley Breach Response Costs Option:
Beazley’s Breach Response (BBR) enhancement option continues to be available
on a per Member basis to increase notification costs up to 2,000,000 individuals
affected by a breach, the option for 3,000,000 individuals affected by a breach is
quoted on a case by case basis. If a Member elects this option there is not a set
dollar amount for this coverage, rather it is based upon the number of individuals
affected by the breach up to the amount purchased. This does not erode the
$25,000,000 aggregate limit of liability for all Members combined and it does not
erode the $2,000,000 aggregate limit of liability for each Member. Applicable self-
insured retentions for BBR is dependent on the number of lives affected by a
breach as well as the number of lives covered.
Beazley’s Breach Response endorsement was enhanced effective July 1, 2018
increasing the Member’s Breach Response Costs limit from $500,000 or
$1,000,000/$1,250,000 (depending on if Beazley nominated vendor is chosen) to
$2,000,000. The Member has the ability to tap into their individual limit to respond
to Privacy Breaches should the lives limit become exhausted. The Breach
Response Costs limit is part of the $25,000,000 aggregate limit for all Members
combined and the $2,000,000 aggregate limit for each Member.
Renewal premium for Members with BBR will be calculated according to Beazley’s
rating matrix and the number of individual lives option that is selected, in which
case additional underwriting will be necessary. This endorsement requires the
utilization of Beazley nominated vendors.
Note: AXA XL, C&F, Ironshore/Liberty, and Brit will match the number of notified
individuals to the BBR endorsement, this is subject to the Member Aggregate Limit
and the Policy Aggregate Limit.
• Technology Based Services & Technology Products – Optional per member
with the requirement of a completed application at additional premium to be
determined, this is subject to the Member Aggregate Limit and the Policy
Aggregate Limit.
BROKER ALLIANT INSURANCE SERVICES, INC.
Nazie Arshi, Senior Vice President
Robert Lowe, First Vice President
Susan Leung, Vice President
Armando Vieyra, Program Specialist - Lead
PROPOSAL DATE July 8, 2020
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PUBLIC RISK INNOVATION, SOLUTIONS, AND MANAGEMENT (PRISM)
CYBER LIABILITY PROGRAM
2020/2021 PROPOSAL
NOTE: THIS PROPOSAL IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT AMEND, EXTEND OR ALTER THE POLICY
FORM IN ANY WAY. PLEASE REFER TO THE POLICY FORM FOR COMPLETE COVERAGE AND EXCLUSION INFORMATION
Alliant Insurance Services, Inc. 1301 Dove Street Suite 200 Newport Beach, CA 92660
PHONE (949) 756-0271 www.alliant.com License No. 0C36861
Page 6 of 6
This proposal is provided as a matter of convenience and information only. All information included in this
proposal, including but not limited to personal and real property values, locations, operations, products, data,
automobile schedules, financial data and loss experience, is based on facts and representations supplied to
Alliant Insurance Services, Inc. by you. This proposal does not reflect any independent study or investigation by
Alliant Insurance Services, Inc. or its agents and employees.
Please be advised that this proposal is also expressly conditioned on there being no material change in the risk
between the date of this proposal and the inception date of the proposed policy (including the occurrence of any
claim or notice of circumstances that may give rise to a claim under any policy which the policy being proposed is
a renewal or replacement). In the event of such change of risk, the insurer may, at its sole discretion, modify, or
withdraw this proposal whether or not this offer has already been accepted.
This proposal is not confirmation of insurance and does not add to, extend, amend, change, or alter any coverage
in any actual policy of insurance you may have. All existing policy terms, conditions, exclusions, and limitations
apply. For specific information regarding your insurance coverage, please refer to the policy itself. Alliant
Insurance Services, Inc. will not be liable for any claims arising from or related to information included in or
omitted from this proposal of insurance
Alliant embraces a policy of transparency with respect to its compensation from insurance transactions. Details on our
compensation policy, including the types of income that Alliant may earn on a placement, are available on our website at
www.alliant.com. For a copy of our policy or for any inquiries regarding compensation issues pertaining to your account you
may also contact us at: Alliant Insurance Services, Inc., Attention: General Counsel, 701 B Street, 6th Floor, San Diego,
CA 92101.
Analyzing insurers' over-all performance and financial strength is a task that requires specialized skills and in-depth
technical understanding of all aspects of insurance company finances and operations. Insurance brokerages such as Alliant
Insurance typically rely upon rating agencies for this type of market analysis. Both A.M. Best and Standard and Poor's have
been industry leaders in this area for many decades, utilizing a combination of quantitative and qualitative analysis of the
information available in formulating their ratings.
A.M. Best has an extensive database of nearly 6,000 Life/Health, Property Casualty and International companies. You can
visit them at www.ambest.com. For additional information regarding insurer financial strength ratings visit Standard and
Poor's website at www.standardandpoors.com.
Our goal is to procure insurance for you with underwriters possessing the financial strength to perform. Alliant does not,
however, guarantee the solvency of any underwriters with which insurance or reinsurance is placed and maintains no
responsibility for any loss or damage arising from the financial failure or insolvency of any insurer. We encourage you to
review the publicly available information collected to enable you to make an informed decision to accept or reject a
particular underwriter. To learn more about companies doing business in your state, visit the Department of Insurance
website for that state.
IMPORTANT NOTICE: The Non-Admitted and Reinsurance Reform Act (NRRA) went into effect on July 21, 2011.
Accordingly, surplus lines tax rates and regulations are subject to change which could result in an increase or decrease of
the total surplus lines taxes and/or fees owed on this placement. If a change is required, we will promptly notify you. Any
additional taxes and/or fees must be promptly remitted to Alliant Insurance Services, Inc.
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: General Sales Tax Measure
Recommendation
Review and consider placement of a general sales tax measure on the ballot for the
November 3, 2020, general election including the adoption of:
1. Resolution No. 2020-158 of the Mayor and City Council of the City of San
Bernardino, California, calling for the placement of a general tax measure on the
ballot for the November 3, 2020, general municipal election for the submission to
the qualified voters of an ordinance to enact a general transactions and use
(sales tax at the rate of one percent (1%).
2. Resolution No. 2020-159 of the Mayor and City Council of the City of San
Bernardino, California, requesting the Board of Supervisors of the County of San
Bernardino consolidate a general municipal election to be held on November 3,
2020, with the statewide general election to b e held on that date pursuant to
elections code section 10403.
3. Resolution No. 2020-160 of the Mayor and City Council of the City of San
Bernardino, California, providing for the filing of primary and rebuttal arguments
and setting rules for filing of written arguments regarding a City measure to be
submitted at the November 3, 2020, general municipal election.
Background
Measure Z was approved by the City of San Bernardino voters on November 7, 2006.
The measure enacted a quarter cent general sales tax for a period of fifteen (15) years,
beginning April 1, 2007, bringing the total sales tax rate in the City from 7.75% to 8%.
Measure Z provided that proceeds be used to fund more police officers, anti -gang and
anti-crime operations, and other urgent gene ral fund programs, and provided a Citizen’s
Oversight Committee to report to voters on the use on the use of proceeds. The
Measure Z sales tax scheduled to sunset on March 31, 2022, has been a critical source
of revenue in the City, helping to preserve safety services in the community. Since
2007, this general district sales tax has generated approximately $92 million and is
projected to generate $8.7 million in FY 2019/20 and $7.9 million in FY 2020/21.
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Plan of Adjustment/Steps Taken
The 2008 recession had lasting impacts in San Bernardino County which led to
substantial decreases in local sales tax revenue, lower home prices, and a high
unemployment rate in our area. As a result, the City reduced staffing by 26%, and was
forced to cut programs and services to residents. In August of 2012 the City filed for
bankruptcy, realizing further reductions would jeopardize the health and safety of its
citizens. Since the 2008 recession and the City’s emergence from bankruptcy, the City
has taken many steps to stabilize the City’s finances. This included modernizing the
City Charter, annexing into the Fire District for County Fire protection and outsourcing
attorney services, management and maintenance of the Soccer Complex, landscape
maintenance, and integrated waste management services.
These actions have helped to reduce annual operating, pension obligation and workers
compensation costs on a go-forward basis. The outsourcing of the City’s integrated
waste management services also provided the City with a one-time lump sum payment
of $5 million used to bolster the City’s General Fund reserves and generates $8 million
annually in franchise revenue. The implementation of state pension reform has also
helped to control costs on a go forward basis with benefit formula reductions and
employees paying a portion of the City’s (employer) costs along with the employees’
share (the City is currently on track to pay off the City’s unfunded liability (UAL) by
2046.) Additionally, the City has taken proactive steps to streamline operations,
combining service lines to eliminate redundancies including the consolidation of parks
and public works maintenance services along with community and economic
development.
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The number of full-time positions since FY 2010/11 has decreased by 604. Of the 604,
approximately 288 of the deleted positions were a result of contracting out/transferring
services to other agencies and 316 positions were deleted due to continual reductions
in force over the years.
Even with these changes the City of San Bernardino, like most cities in the Inland
Empire, is experiencing limited revenue growth that has not kept pace with rising costs
for existing service levels. Despite cost saving measures the City has employed in
recent years to address the ongoing budget deficits, including significant redu ctions in
staffing levels, sale of assets, and deferment of equipment purchases, the City still
faces a structural deficit of millions of dollars in the coming fiscal years.
With escalating costs associated with maintaining existing services, there has not been
sufficient funding available to address capital needs. The City of San Bernardino’s
streets and roads require substantial repair and repaving. Independent pavement
management engineers rated more than 80% of the roads in San Bernardino as either
poor or very poor. The cost associated with getting all of the City’s streets up to
established standards are estimated at more than $210 million. Additionally, the cost
associated with addressing the deferred maintenance of city facilities is estimated at
more than $195 million. If we do not address these infrastructure issues they will
continue to degrade, costing more to fix in the long run.
FY 2020-21 Current Financial Position
Compared to the end of FY 2017/18, General Fund reserves are projected to decrease
by 46%, or $17.6 million by the end of FY 2020/21, down from $39 million at June 30,
2018, to an estimated $21.4 million by the end of the current fiscal year (June 30, 2021).
This includes a projected use of reserves of $5.1 million in FY 2019/20 and $2.9 million
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in FY2020/21 related to the loss of revenue related to the impacts of the COVID -19
pandemic.
The estimated reserve fund balance as of June 30, 2021, is less than twenty-five
percent (25%) of the City’s General Fund expenditures. Continued use of reserves to
balance the operating budget will hinder the City’s ability to address unanticipated
losses in revenue and operating expenditures. Additionally, the drop in reserves affects
the City’s ability to take advantage of prepayment options to CalPERS (prepaying once
annually at the beginning of the fiscal year, rather than making monthly payments).
Savings from prepayment of CalPERS in the current FY is $912 ,000. Continued use of
reserves also affects the City’s ability to obtain financing, issue bonds, and obtain other
forms of credit or payment discounts/rates.
This drawdown of reserves follows significant cuts and the use of one time funds to off-
set General Fund expenditures including $11.2 million in FY 2019/20 and $7.4 in FY
2020/21. Since FY 2019/20, funding for 105 fulltime positions has been deleted.
Seventy eight (78) positions were deleted to close the budget gap in FY 2019/20 and
another 27 have been deleted for the current fiscal year.
Discussion
Over the past few years, the City of San Bernardino has continued to work to balance
the budget and shore up reserves by consolidating services, restructuring pensions, and
contracting out some services to save overall costs. However, there is little left to cut.
Most funding for city services is dependent upon revenue generated by property taxes,
local and state sales taxes, and the utility users taxes (UUT). However, these revenues
have not kept pace with the cost of providing services, resulting in significant cuts to the
City’s operating budget and cutbacks to local services. Because of these cuts, the City
has had to defer funding for services like public park maintenance and street and
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sidewalk pavement rehabilitation.
Public Education and Outreach
During the course of the last year staff has worked to gain a better understanding of the
community’s concerns and priorities starting with a public opinion survey that was
conducted in August 2019, and an updated tracking survey conducted at the end of May
2020. The City has also invited residents to provide feedback to the City by completing
a community survey by mail or on-line using the City’s website, social media platforms,
and mail. Additionally the City sent notifications of the City Council’s consideration of a
potential sales tax measure and invited citizen feedback through two community
informational mailers sent in in January and June of 2020, along with an in sert included
with the January/February water bills.
Throughout this timeframe, residents have repeatedly communicated that the highest
priorities for funding include attracting and retaining local businesses and jobs, creating
safer cleaner neighborhoods, addressing homelessness, improved public safety and
emergency response, maintaining youth and violence prevention programs and
improving public infrastructure including City streets and parks. A majority of those
surveyed have expressed a need and interest in added funding to provide these
services along with support for the continuation and increase of a sales tax to re place
Measure Z. It is also important to note that the plan of adjustment called for a renewal
of Measure Z for long-term financial sustainability.
Sales Tax Rates
San Bernardino County cities have sales tax rates ranging between 7.75% and 8.75%
and Riverside County has sales tax rates ranging between 7.75% and 9.25%. If
approved, a one-cent sales tax would bring San Bernardino's sales tax up to 8.75%.
The added revenue received from the sales tax increase would be used to reinvest in
important City services including:
Creating cleaner and safer neighborhoods;
Improving public safety and emergency response;
Maintaining gang and prostitution prevention programs;
Retaining and attracting new businesses;
Street, park, and library maintenance;
Youth, senior, and homeless services programs; and
Other general city services.
Absent action taken by San Bernardino voters, Measure Z will sunset on March 31,
2022 and the City will lose between $8 million and $9 million annually. At current
service levels, it is anticipated that the City would expend the Emergency and Economic
contingency reserves by FY 2022/23. With this loss in revenue the City will have no
choice but to further reduce City services to decrease operational costs.
If a ballot measure is approved by voters in November 2020 increasing the district sales
tax from the current rate of a quarter percent to one percent (equating to one cent for
every dollar spent on goods in the City), the City will receive an additional $24 to $27
million in revenue annually to be invested in our community. These funds will begin to
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be collected in April 2021 with the first allocation received by the City in June 2021.
Sales Tax v. District Tax
As a “district tax” or “transaction and use” tax, the Measure Z sales tax has some clear
advantages over the regular “sales and use” tax rate levied by the State. The State
currently assesses a rate of 7.25%, and of this, only 1% is allocated to the City. Where
regular sales tax is applied based on point of sale, district taxes are based on point of
delivery.
Further, because regular sales tax applies a complicated set of rules for allocating tax
from online sales, the end result is that the tax is first deposited into the countywide
sales and use tax pool. Of the total amount deposited into the pool, the city received an
average of 8.9% during the past 12 months. For example, if a $300 purchase was
made in the City, the City would receive 1% of the purchase amount back in sales tax,
or $3.00. However, if an online purchase is made by a city resident, the City would only
receive 8.9% of the $3.00, or just under $0.27.
However, for district taxes, which are based on point of delivery, no pools are involved
and the entire amount of the district tax assessed by the City goes directly to the City.
Using this same example, the City would receive the entire $3.00 if a 1% district tax
were in place.
It is also important to note that sales tax is not applied to housing, groceries (excluding
pre-prepared food), prescription medication and certain medical supplies or the sales of
items paid for with foods stamps.
Ballot Measure Timing
Timing of the Measure is also critical. The State currently assesses a rate of 7.25% (of
this, only 1% is allocated to the City). The County’s regional transportation agency,
SBCTA (San Bernardino County Transportation Authority) assesses .50% and the City
currently assesses .25%, for a total of an 8% sales tax rate within the City. The
maximum sales tax rate that can be assessed in the state is 9.25%. If Measure Z is not
renewed to support local city services, other taxing entities will have the opportunity to
seek approval to receive this sales tax revenue.
State law requires that ballot measure be placed on general elections. The next
opportunity to place a ballot before the voters to extend or increase the quarter cent
sales tax will be November 2020. Should the measure not be placed on the November
2020 ballot or should voters not approve the extension of the sales tax, the next
opportunity to place the matter on the ballot will be November 2022, which is seven (7)
months after Measure Z sunsets.
10-Year Forecast Projections
The 10-year forecast provides a picture of the City’s finances over a period of time
assuming the City will continue with current service levels, without adding any new or
expanded programs or services. To predict revenues and expenditures staff performs a
rigorous examination of historical data and economic conditions to identify trends used
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to forecast the City’s finances over a 10 year period. As much as staff endeavors to
incorporate all the variables that might impact these projections, there are factors that
are impossible to forecast, such as natural disasters or pandemics. The 10 -year
forecast projections showing Measure Z sun-setting on March 31, 2022, renewing at a
quarter percent and renewing at one percent are attached.
When the last comprehensive update on the 10 -year forecast was presented with the
FY 2019/20 Mid-Year budget report in February, the City was projected to receive $132
million in revenues in FY 2019/20. Since that time the COVID 19 pandemic and related
economic impacts have occurred, resulting in lowered revenue projections for both FY
2019/20 and FY 2020/21. Additionally, projected expenditures for FY 2020/21 have
been reduced as a result of reductions approved to close the budget deficit. These
impacts have also necessitated a complete updated of the 10 -year forecast.
Assumptions or points to keep in mind when reviewing the 10-year forecasts:
Sales Tax – Prior to the COVID 19 pandemic, the City was on track to receive
$38.3 million in sales tax in FY 2019/20 and a similar amount again in FY
2020/21. Sales tax estimates for FY 2020/21 are now estimated at $32.5 million,
which is a decrease of $5.8 million.
Measure Z – Prior to the COVID 19 pandemic, the City was on track to receive
$9.4 million in Measure Z sales tax in FY 2019/20 and a similar amount again in
FY 2020/21. Measure Z sales tax estimates for FY 2020/21 are now estimated
at $7.9 million, which is a decrease of $1.5 million.
Use of one-time funds or transfer of expenditures were used to reduce the FY
2020/21 budget deficit. These budget mitigation strategies, totaling almost $3
million, will not be available in FY 2021/22; this is reflected in the forecast.
The FY 2020/21 Adopted Budget relies on the use of approximately $2.8 million
in General Fund reserves; this also is reflected in the forecast. Should other
budget balancing strategies be approved during the course of the year, the
forecast will be updated.
While revenues over the 10-year forecasting period show modest growth, it is
unknown how long effects of the COVID-19 pandemic will continue to impact City
revenues. Other notable changes include the addition of $967,400 in revenue to
be received following an update in the City’s Master Fee Schedule which will
enable the City to more fully recover the costs of providing services and $1
million Cannabis Tax revenue which will begin to be collected in FY 2020/21.
These revenue sources have offset some of the revenue lost due to the COVID-
19 pandemic.
No new or expanded programs or additional staffing increases have been
factored into the to-year forecast projections.
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Transparency and Accountability
The City has established a Measure Z Citizen Oversight Committee to review and report
on the independent audits of the City’s use of th e revenue received through the
Measure Z transactions and use tax (sales tax). If voters enact a renewal of the
Measure Z sales tax at one percent in November 2020, the proposed measure
anticipates the City Council will appoint residents to continue to se rve on the oversight
committee to ensure fiscal accountability and transparency in the use of the City’s
transactions and use tax revenue.
2020-2025 Key Strategic Targets and Goals
Consideration of a renewal and increase of the Measure Z general transa ctions and use
(sales) tax aligns with Key Target No. 1: Financial Stability - Securing a long-term
revenue source and implementing, maintaining, and updating a fiscal accountability
plan.
Fiscal Impact
The cost associated with including a sales tax measure on the general election ballot is
estimated to be $100,000 and was included in the adopted FY 2020/21 operating
budget (Account #001-30-0009-5502). The Measure Z sales tax generates between $8
and $9 million annually that will be lost if Measure Z sun sets on March 31, 2022.
If Measure Z is renewed and increased to one percent , the City will receive an
additional $24 to $27 million for a total of $32 to $36 million annually to be invested in
City services including public safety, 911 emergency response, gang and prostitution
prevention programs, homeless programs, street repairs, park and library maintenance,
youth after-school programs, senior programs, retaining local businesses and jobs, and
other general city services.
Conclusion
Review and consider placement of a general sales tax measure on the ballot for the
November 3, 2020, general election including the adoption of:
1. Resolution No. 2020-158 of the Mayor and City Council of the City of San
Bernardino, California, calling for the placement of a general tax measure on the
ballot for the November 3, 2020, general municipal election for the submission to
the qualified voters of an ordinance to enact a general transactions and use
(sales tax at the rate of one percent (1%).
2. Resolution No. 2020-159 of the Mayor and City Council of the City of San
Bernardino, California, requesting the Board of Supervisors of the County of San
Bernardino consolidate a general municipal election to be held on November 3,
2020, with the statewide general election to be held on that date pursuant to
elections code section 10403.
3. Resolution No. 2020-160 of the Mayor and City Council of the City of San
Bernardino, California, providing for the filing of primary and rebuttal arguments
and setting rules for filing of written arguments regarding a City measure to be
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submitted at the November 3, 2020, general municipal election.
Attachments
Attachment 1 Resolution 2020-158 - Calling for Placement of General Tax
Measure on the Ballot for November 3, 2020
Attachment 2 Resolution 2020-159 – Requesting the Board of Supervisors to
Consolidate a General Municipal Election to be held on November
3, 2020
Attachment 3 Resolution 2020-160 – Providing for the Filing of Primary and
Rebuttal Arguments
Attachment 4 10 Year Budget Forecast - Measure Z Sun setting March 31, 2022
Attachment 5 10 Year Budget Forecast - Measure Z Renewal at 0.25 Percent
Attachment 6 10 Year Budget Forecast - Measure Z Renewal at 1 Percent
Ward: All
Synopsis of Previous Council Actions:
August 8, 2006 Mayor and City Council adopted Resolution No. 2006 -286 declaring
an emergency pursuant to Section 2(B) of Article XIIC of the
California Constitution necessitating submission of a general
transaction and use tax measure on the November 7, 2006,
election: and Resolution No. 2006-287 placing a general
transaction and use tax, and an advisory question of on the ballot
for the November 7, 2006, consolidated special municipal election,
and advisory elections.
November 7, 2006 City voters approved Measure “Z”, a one-quarter percent (1/4%)
General Transactions and Use Tax (Sales Tax) enacted for a
period of fifteen (15) years will Sunset on March 31, 2020.
June 24, 2020 Mayor and City Council directed staff to draft a Resolution to
consider placement of a general tax measure on the ballot for the
November 3, 2020, general municipal election.
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Resolution No. 2020-158
RESOLUTION NO. 2020-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA CALLING FOR THE PLACEMENT OF A
GENERAL TAX MEASURE ON THE BALLOT FOR THE NOVEMBER 3,
2020 GENERAL MUNICIPAL ELECTION FOR THE SUBMISSION TO THE
QUALIFIED VOTERS OF AN ORDINANCE TO ENACT A GENERAL
TRANSACTIONS AND USE TAX (SALES TAX) AT THE RATE OF ONE
PERCENT (1%)
WHEREAS, the City of San Bernardino (“City”) is authorized to levy a Transactions and Use
Tax (“TUT”) for general purposes pursuant to California Revenue and Taxation Code section 7285.9,
subject to approval by a majority vote of the electorate pursuant to Article XIII C, section 2 of the
California Constitution (“Proposition 218”); and
WHEREAS, on November 7, 2006, City voters approved Measure “Z,” a one-quarter
percent (1/4%) general TUT enacted for a period of fifteen (15) years on the sale and/or use of all
tangible personal property sold at retail in the City, with the tax scheduled to sunset on March 31,
2022; and
WHEREAS, the City has made effort to maintain a transparent and open government while
controlling costs to make services to our community more efficient; and
WHEREAS, despite cost saving measures the City has employed in recent years to
address the ongoing budget deficits, including the consolidation of job duties, significant
reductions in staffing levels, sales of assets and deferment of equipment purchases, the City still
faces structural budget deficits in the oncoming fiscal years; and
WHEREAS, Section 900 of the City Charter provides that City elections shall follow the
provisions and procedures of the California Elections Code as applicable to general law cities; and
WHEREAS, pursuant to California Elections Code section 9222, the City Council has
authority to place local measures on the ballot to be considered at a Municipal Election; and
WHEREAS, the City Council would like to submit to the voters at the November 3, 2020
General Municipal Election a measure increasing the rate of the TUT from one-quarter percent (1/4%)
to one percent (1%) on the sale and/or use of all tangible personal property sold at retail in the City,
extending the term of the TUT until it is repealed by voters, and making other conforming
amendments, as more specifically set forth in the attached proposed ordinance; and
WHEREAS, the one percent (1%) TUT is a general tax, the revenue of which will be placed
in the City’s general fund and will be used to pay for general City services; and
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Resolution No. 2020-158
WHEREAS, on November 6, 1996, the voters of the State of California approved Proposition 218, an
amendment to the State Constitution which requires that all general taxes which are imposed, extended
or increased must be submitted to the electorate and approved by a majority vote of the qualified
electors voting in the election; and
WHEREAS, pursuant to Proposition 218 (California Constitution, Article XIII C, section
2(b)), the general rule is that any local election for the approval of an increase to a general tax must be
consolidated with a regularly scheduled general election for members of the governing body of the
local government; and
WHEREAS, the next regularly scheduled general election at which City Council members will
be elected is November 3, 2020; and
WHEREAS, pursuant to Government Code section 53724 (“Proposition 62”) and Revenue
and Taxation Code section 7285.9, a two-thirds (2/3) vote of all members of the City Council is
required to place the Measure on the November 3, 2020 ballot; and
WHEREAS, the ordinance to be considered by the qualified voters and the terms of approval,
collection and use of the general TUT are described and provided for in the ordinance/measure
attached hereto as Exhibit “A” (the “Measure”) and by this reference made an operative part hereof, in
accordance with all applicable laws.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SAN BERNARDINO:
SECTION 1. Incorporation of Recitals. The foregoing recitals are true and correct and are
hereby incorporated and made an operative part of this Resolution.
SECTION 2. Submission of Ballot Measure. Pursuant to California Elections Code
section 9222, Government Code section 53724, Revenue and Taxation Code section 7285.9 and
any other applicable requirements of the laws of the State of Califor nia relating to the City, the
City Council, by a two -thirds (2/3) vote of all members, hereby orders the Measure to be
submitted to the voters of the City at the General Municipal Election to be he ld on Tuesday,
November 3, 2020.
SECTION 3. The City Council, pursuant to California Elections Code section 9222,
hereby orders that the Measure shall be presented and printed upon the ballot submitted to the
qualified voters in the manner and form set forth in this Section 3. On the ballot to be submitted
to the qualified voters at the General Municipal Election to be held on Tuesday,
November 3, 2020, in addition to any other matters required by law, there shall be printed
substantially the following ballot question:
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Packet Pg. 179 Attachment: SAN BERNARDINO - Resolution Calling General November 2020 Election on General Transactions and Use T-c1 (6813 : General
Resolution No. 2020-158
“To prevent reductions to City services including public safety, 911
emergency response, gang/prostitution prevention programs,
street/pothole repairs, park/library maintenance, youth after -school,
senior and homelessness programs, cleaning public areas,
retaining/attracting businesses, and other general services, shall a
measure extending the City of San Bernardino’s sales tax at a one
percent rate, providing approximately $40,000,000 annually until ended
by voters, requiring independent audits, oversight, and all funds used
locally, be adopted?”
YES
NO
SECTION 4. Conduct of Election. The City Clerk is authorized, instructed, and directed
to procure and furnish any and all official ballots, printed matter and all supplies, equipment and
paraphernalia that may be necessary in order to proper ly and lawfully conduct the election. In all
particulars not recited in this Resolution, the election shall be held and conducted as provided by
law for holding municipal elections.
SECTION 5. Pursuant to Elections Code section 9280, the City Council hereby directs
the City Clerk to transmit a copy of the Measure to the City Attorney. The City Attorney shall
prepare an impartial analysis of the Measure, not to exceed 500 words in length, showing the
effect of the Measure on the existing law and the oper ation of the Measure, and transmit such
impartial analysis to the City Clerk not later than the deadline for submittal of primary arguments
for or against the Measure.
The impartial analysis shall include a statement indicating whether the Measure was placed
on the ballot by a petition signed by the requisite number of voters o r by the City Council. In the
event the entire text of the Measure is not printed on the ballot, nor in the voter information
guide, there shall be printed immediately below the impartial analysis, in no less than 10-font bold
type, the following: “The above statement is an impartial analysis of Ordinance or Measure
____. If you desire a copy of the ordinance or measure, please call the Office of the City
Clerk at (909) 384-5002 and a copy will be mailed at no cost to you.”
SECTION 6. Notice of the election is hereby given and the City Clerk is authorized, instructed
and directed to give further or additional notice of the election, in time, form and manner as required by
law.
SECTION 7. Placement on the Ballot. The full text of the Measure shall not be printed in
the voter information guide, and a statement shall be printed on the ballot pursuant to Elections Code
section 9223 advising voters that they may obtain a copy of this Resolution and the Measure, at no
cost, upon request made to the City Clerk.
SECTION 8. Filing with County. The City Clerk shall, not later than the 88th day prior to the
General Municipal Election to be held on Tuesday, November 3, 2020, file with the Board of
Supervisors and the County Clerk – Registrar of Voters of the County of San Bernardino, State of
California, a certified copy of this Resolution.
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Resolution No. 2020-158
SECTION 9. Public Examination. Pursuant to Elections Code section 9295, this Measure
will be available for public examination for no fewer than ten (10) calendar days prior to being
submitted for printing in the voter information guide. The City Clerk shall post notice in the Clerk’s
office of the specific dates that the examination period will run.
SECTION 10. The City Council hereby finds and determines that the Measure relates to
organizational or administrative activities of governments that will not result in direct or indirect
physical changes in the environment, and therefore is not a project within the meaning of the California
Environmental Quality Act (“CEQA”) and the State CEQA Guidelines, section 15378(b)(5).
SECTION 11. Severability. The provisions of this Resolution are severable and if any
provision of this Resolution is held invalid, that provision shall be severed from the Resolution and the
remainder of this Resolution shall continue in full force and effect, and not be affected by such
invalidity.
SECTION 12. This Resolution shall become effective upon its adoption.
SECTION 13. The City Clerk shall certify to the adoption of this Resolution.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the Acting City Clerk this ___ day of July, 2020.
______________________________________
John Valdivia, Mayor
City of San Bernardino
Attest :
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
___________________________________
Sonia Carvalho, City Attorney
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Packet Pg. 181 Attachment: SAN BERNARDINO - Resolution Calling General November 2020 Election on General Transactions and Use T-c1 (6813 : General
Resolution No. 2020-158
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-158, adopted at a regular meeting held at the ___ day of July, 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of July 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
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Packet Pg. 182 Attachment: SAN BERNARDINO - Resolution Calling General November 2020 Election on General Transactions and Use T-c1 (6813 : General
Exhibit “A”
Transactions and Use Tax Ordinance
[attached behind this page]
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ORDINANCE NO. ____
AN ORDINANCE OF THE PEOPLE OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ADDING CHAPTER 3.57 TO TITLE 3
(REVENUE AND FINANCE) OF THE SAN BERNARDINO MUNICIPAL
CODE TO INCREASE THE RATE OF THE CITY’S TRANSACTIONS
AND USE TAX FROM ONE-QUARTER PERCENT (1/4%) TO ONE
PERCENT (1%) AND EXTENDING THE TAX UNTIL REPEALED BY
VOTERS
WHEREAS, pursuant to California Revenue and Taxation Code section 7285.9 the
City Council of the City of San Bernardino is authorized to levy a Transactions and Use Tax
(“TUT”) for general purposes, subject to majority voter approval; and
WHEREAS, on November 7, 2006, City of San Bernardino (“City”) voters approved
Measure “Z,” and enacted a one-quarter percent (1/4%) general TUT for a fifteen-year period on the
sale and/or use of all tangible personal property sold at retail in the City, with the TUT scheduled to
sunset on March 31, 2022; and
WHEREAS, the People of the City desire to add Chapter 3.57 to the San Bernardino
Municipal Code in order to increase the rate of the TUT from one-quarter percent (1/4%) to one
percent (1%) on the sale and/or use of all tangible personal property sold at retail in the City and to
extend the term of the TUT until it is repealed by voters.
NOW, THEREFORE, THE PEOPLE OF THE CITY OF SAN BERNARDINO
DO HEREBY ORDAIN AS FOLLOWS:
Section 1. This Ordinance shall be known as the “2020 San Bernardino Transactions and
Use Tax Ordinance,” the full text of which is set forth in Attachment “1” attached hereto and
incorporated herein by reference.
Section 2. Approval by the City Council. Pursuant to Government Code section 53724 and
Revenue and Taxation Code section 7285.9, this Ordinance was duly approved for placement on
the ballot by a minimum two-thirds (2/3) supermajority of all members of the City Council on July
__, 2020.
Section 3. Approval by the Voters. Pursuant to Elections Code section 9217, this
Ordinance shall be deemed adopted and take effect only if approved by a majority of the eligible
voters of the City of San Bernardino voting at the General Municipal Election of November 3,
2020. It shall be deemed adopted when the City Council has certified the results of that election
by resolution and shall take effect ten (10) days thereafter.
Section 4. Operative Date. “Operative Date” for purposes of the one percent (1%) TUT
rate means the first day of the first calendar quarter commencing more than 110 days after the
date this Ordinance is adopted, as set forth in Section 3 above. Until the Operative Date, the
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TUT shall continue to be levied and collected at a rate of one-quarter of one percent (1/4%), as
previously approved by San Bernardino voters.
Section 5. Repeal of Measure “Z”. On the Operative Date of the one percent (1%) TUT,
Measure “Z,” more particularly identified as Ordinance No. MC-1229 shall be repealed.
Section 6. Severability. If any provision of this Ordinance or the application thereof to any
person or circumstance is held invalid, the remainder of the Ordinance and the application of such
provision to other persons or circumstances shall not be affected thereby.
I hereby certify that this Transactions and Use Tax Ordinance was PASSED,
APPROVED, AND ADOPTED by the People of the City of San Bernardino on the 3rd day of
November, 2020.
______________________________________
John Valdivia, Mayor
City of San Bernardino
Attest :
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
___________________________________
Sonia Carvalho, City Attorney
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Packet Pg. 185 Attachment: SAN BERNARDINO - Resolution Calling General November 2020 Election on General Transactions and Use T-c1 (6813 : General
Chapter 3.57 - Transactions and Use Tax
Sections:
3.57.010 - Purpose.
3.57.020 - Contract With State.
3.57.030 - Transactions Tax Rate.
3.57.040 - Place of Sale.
3.57.050 - Use Tax Rate.
3.57.060 - Adoption of Provisions of State Law.
3.57.070 - Limitations on Adoption of State Law and Collection of Use Taxes.
3.57.080 - Permit Not Required.
3.57.090 - Exemptions and Exclusions.
3.57.100 - Amendments.
3.57.110 - Enjoining Collection Forbidden.
3.57.120 – Duration of Tax.
Sections:
3.57.010 - Purpose.
This ordinance is adopted to achieve the following, among other purposes, and directs that the
provisions hereof be interpreted in order to accomplish those purposes:
A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6
(commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and
Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance
which shall be operative if a majority of the electors voting on the measure vote to approve
the imposition of the tax at an election called for that purpose.
B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to
those of the Sales and Use Tax Law of the State of California insofar as those provisions are
not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of
the Revenue and Taxation Code.
C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure
therefore that can be administered and collected by the California Department of Tax and Fee
Administration in a manner that adapts itself as fully as practicable to, and requires the least
possible deviation from, the existing statutory and administrative procedures followed by the
California Department of Tax and Fee Administration in administering and collecting the
California State Sales and Use Taxes.
D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that
will be, to the greatest degree possible, consistent with the provisions of Part 1.6 of Division 2
of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use
taxes, and at the same time, minimize the burden of record-keeping upon persons subject to
taxation under the provisions of this ordinance.
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3.57.020 - Contract With State.
Prior to the operative date, the City shall contract with the California Department of Tax and Fee
Administration to perform all functions incident to the administration and operation of this
transactions and use tax ordinance; provided, that if the City shall not have contracted with the
California Department of Tax and Fee Administration prior to the operative date, it shall
nevertheless so contract and in such a case the operative date shall be the first day of the first
calendar quarter following the execution of such a contract.
3.57.030 - Transactions Tax Rate.
For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all
retailers in the incorporated territory of the City at the rate of one percent (1%) of the gross
receipts of any retailer from the sale of all tangible personal property sold at retail in said territory
on and after the operative date of this ordinance.
3.57.040 - Place of Sale.
For the purposes of this chapter, all retail sales are consummat ed at the place of business of the
retailer unless the tangible personal property sold is delivered by the retailer or his agent to an
out -of-state destination or to a common carrier for delivery to an out -of-state destination. The
gross receipts from such sales shall include delivery charges, when such charges are subject to the
state sales and use tax, regardless of the place to which delivery is made. In the event a retailer
has no permanent place of business in the State or has more than one place of business, the place
or places at which the retail sales are consummated shall be determined under rules and
regulations to be prescribed and adopted by the California Department of Tax and Fee
Administration.
3.57.050 - Use Tax Rate.
An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible
personal property purchased from any retailer on and after the operative date of this ordinance for
storage, use or other consumption in said territory at the rate of one percent (1%) of the sales
price of the property. The sales price shall include delivery charges when such charges are subject
to state sales or use tax regardless of the place to which d elivery is made.
3.57.060 - Adoption of Provisions of State Law.
Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the
provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of
Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are
hereby adopted and made a part of this ordinance as though fully set forth herein.
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3.57.070 - Limitations on Adoption of State Law and Collection of Use Taxes.
In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:
A. Wherever the State of California is named or referred to as the taxing agency, the name of this
City shall be substituted therefor. However, the substitution shall not be made when:
1. The word “State” is used as a part of the title of the State Controller, State Treasurer,
California Victim Compensation Board, California Department of Tax and Fee
Administration, State Treasury, or the Constitution of the State of California.
2. The result of that substitution would require action t o be taken by or against this City or
any agency, officer, or employee thereof rather than by or against the California
Department of Tax and Fee Administration, in performing the functions incident to the
administration or operation of this Ordinance.
3. In those sections, including, but not necessarily limited to sections referring to the exterior
boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or
other consumption of tangible personal property which would not otherwise be
exempt from this tax while such sales, storage, use or other consumption remain
subject to tax by the State under the provisions of Part 1 of Division 2 of the
Revenue and Taxation Code, or;
b. Impose this tax with respect to certain sales, storage, use or other consumption of
tangible personal property which would not be subject to tax by the state under the
said provision of that code.
4. In reference to Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715,
6737, 6797 or 6828 of the Revenue and Taxation Code.
B. The word “city” shall be substituted for the word “state” in the phrase “retailer engaged in
business in this state” in Section 6203 of the Revenue and Taxation Code and in the definition
of that phrase in Section 6203.
1. “A retailer engaged in business in the District” shall also include any retailer that, in the
preceding calendar year or the current calendar year, has total combined sales of tangible
personal property in this state or for delivery in the State by the retailer and all persons
related to the retailer that exceeds five hundred thousand dollars ($500,000). For
purposes of this section, a person is related to another person if both persons are related to
each other pursuant to Section 267(b) of Title 26 of the United States Code and the
regulations thereunder.
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3.57.080 - Permit not Required.
If a seller’s permit has been issued to a retailer under Sectio n 6067 of the Revenue and Taxation
Code, an additional transactor’s permit shall not be required by this ordinance.
3.57.090 - Exemptions and Exclusions.
A. There shall be excluded from the measure of the transactions tax and the use tax the amount
of any sales tax or use tax imposed by the State of California or by any city, city and county,
or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the
amount of any state-administered transactions or use tax.
B. There are exempted from the computation of the amount of transactions tax the gross receipts
from:
1. Sales of tangible personal property, other than fuel or petroleum products, to operators of
aircraft to be used or consumed principally outside the county in which the sale is made
and directly and exclusively in the use of such aircraft as common carriers of persons or
property under the authority of the laws of this State, the United States, or any foreign
government.
2. Sales of property to be used outside the City which is shipped to a point outside the City,
pursuant to the contract of sale, by delivery to such point by the retailer or his or her
agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point.
For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration
pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the
Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public
Utilities Code, and undocumented vessels registered under Division 3.5
(commencing with Section 9840) of the Vehicle Code by registration to an out -of-
City address and by a declaration under penalty of perjury, signed by the buyer,
stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business out -of-
City and declaration under penalty of perjury, signed by the buyer, that the vehicle
will be operated from that address.
3. The sale of tangible personal property if the seller is obligated to furnish the property for a
fixed price pursuant to a contract entered into prior to the operative date of this ordina nce.
4. A lease of tangible personal property which is a continuing sale of such property, for any
period of time for which the lessor is obligated to lease the property for an amount fixed
by the lease prior to the operative date of this ordinance.
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Packet Pg. 189 Attachment: SAN BERNARDINO - Resolution Calling General November 2020 Election on General Transactions and Use T-c1 (6813 : General
5. For the purposes of subparagraphs (3) and (4) of this subsection, the sale or lease of
tangible personal property shall be deemed not to be obligated pursuant to a contract or
lease for any period of time for which any party to the contract or lease has t he
unconditional right to terminate the contract or lease upon notice, whether or not such
right is exercised.
C. There are exempted from the use tax imposed by this ordinance, the storage, use or other
consumption in this City of tangible personal proper ty:
1. The gross receipts from the sale of which have been subject to a transactions tax under
any state-administered transactions and use tax ordinance.
2. Other than fuel or petroleum products purchased by operators of aircraft and used or
consumed by such operators directly and exclusively in the use of such aircraft as common
carriers of persons or property for hire or compensation under a certificate of public
convenience and necessity issued pursuant to the laws of this State, the United States, o r
any foreign government. This exemption is in addition to the exemptions provided in
Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.
3. If the purchaser is obligated to purchase the property for a fixed price pursu ant to a
contract entered into prior to the operative date of this ordinance.
4. If the possession of, or the exercise of any right or power over, the tangible personal
property arises under a lease which is a continuing purchase of such property for any
period of time for which the lessee is obligated to lease the property for an amount fixed
by a lease prior to the operative date of this ordinance.
5. For the purposes of subparagraphs (3) and (4) of this subsection, storage, use, or other
consumption, or possession of, or exercise of any right or power over, tangible personal
property shall be deemed not to be obligated pursuant to a contract or lease for any period
of time for which any party to the contract or lease has the unconditional right to
terminate the contract or lease upon notice, whether or not such right is exercised.
6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not
be required to collect use tax from the purchaser of tangible personal prope rty, unless the
retailer ships or delivers the property into the City or participates within the City in making
the sale of the property, including, but not limited to, soliciting or receiving the order,
either directly or indirectly, at a place of business of the retailer in the City or through any
representative, agent, canvasser, solicitor, subsidiary, or person in the City under the
authority of the retailer.
7. “A retailer engaged in business in the City” shall also include any retailer of any of the
following: vehicles subject to registration pursuant to Chapter 1 (commencing with
Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with
Section 21411 of the Public Utilities Code, or undocumented vessels registered under
Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be
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Packet Pg. 190 Attachment: SAN BERNARDINO - Resolution Calling General November 2020 Election on General Transactions and Use T-c1 (6813 : General
required to collect use tax from any purchaser who registers or licenses the vehicle, vessel,
or aircraft at an address in the City.
D. Any person subject to use tax under this ordinance may credit against that tax any transactions
tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a
transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with
respect to the sale to the person of the property the storage, use or other consumption of
which is subject to the use tax.
3.57.100 - Amendments.
All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the
Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to
Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automa tically become
a part of this ordinance, provided however, that no such amendment shall operate so as to affect
the rate of tax imposed by this ordinance.
3.57.110 - Enjoining Collection Forbidden.
No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action
or proceeding in any court against the State or the City, or against any officer of the State or the
City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the
Revenue and Taxation Code, of any tax or any amount of tax required to be collected.
3.57.120 – Duration of Tax.
The tax imposed by this chapter shall continue until this ordinance is repealed.
7.a
Packet Pg. 191 Attachment: SAN BERNARDINO - Resolution Calling General November 2020 Election on General Transactions and Use T-c1 (6813 : General
Resolution No. 2020-159
RESOLUTION NO. 2020-159
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
REQUESTING THE BOARD OF SUPERVISORS OF THE
COUNTY OF SAN BERNARDINO TO CONSOLIDATE A
GENERAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 3, 2020 WITH THE STATEWIDE GENERAL
ELECTION TO BE HELD ON THAT DATE PURSUANT TO
ELECTIONS CODE SECTION 10403
WHEREAS, on July 15, 2020, the City Council of the City of San Bernardino (“City
Council”) adopted Resolution No. 2020-158, calling a General Municipal Election to be held on
November 3, 2020 for the purpose of submitting to the voters a proposed transactions and use
(sales) tax measure ; and
WHEREAS, it is therefore desirable that the General Municipal Election be consolidated
with the Statewide General E lection to be held on the same date and that within the City of San
Bernardino (“San Bernardino ”) the precincts, polling places and election officers of the two
elections be the same, and that the election department of the County of San Bernardino
(“County”) canvass the returns of the General Municipal Election and that the election be held in
all respects as if there were only one election.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS
FOLLOWS:
Section 1. Request for Consolidation. Pursuant to the requirements of Elections
Code section 10403, the Board of Supervisors of the County of San Bernardino (“Board of
Supervisors”) is hereby requested to consent and agree to the consolidation of a General
Municipal Election with the Statewide General Election on Tuesday, November 3, 2020, for the
purpose of submitting to the voters the following transactions and use (sales) tax measure:
Section 2. Measure Language. The measure is to appear on the ballot as follows:
“To prevent reductions to City services including public safety, 911
emergency response, gang/prostitution prevention programs,
street/pothole repairs, park/library maintenance, youth after -school,
senior and homelessness programs, cleaning public areas,
retaining/attracting businesses, and other general services, shall a
measure extending the City of San Bernardino’s sales tax at a one
percent rate, providing approximately $40,000,000 annually until
ended by voters, requiring independent audits, oversight, and all funds
used locally, be adopted?”
YES
NO
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Packet Pg. 192 Attachment: SAN BERNARDINO - Resolution Requesting Consolidation of Election with SB County - Transactions and U-c1 (6813 : General
Resolution No. 2020-159
2
Section 3. Canvass of Returns. The County election department is authorized to
canvass the returns and perform all other proceedings incidental to and connected with the
General Municipal E lection. The E lection shall be held in all respects as if there were only one
election, and only one form of ballot shall be used. Pursuant to Elections Code sections 10403
and 10418, the election will be held and conducted in accordance with the p rovisions of law
regulating the Statewide General Election.
Section 4. Necessary Steps. The Board of Supervisors is requested to issue
instructions to the County election department to take any and all steps necessary for the holding
of the consolidated election.
Section 5. Costs. The City Council determines and declares that the City will pay to
the County the reasonable and actual expenses incurred by the County by the consolidation of
the General Municipal Election with the Statewide General Elect ion. The City shall reimburse
the County for services performed when the work is completed and upon presentation to the City
of a properly approved bill. The City Manager of the City of San Bernardino is authorized and
directed to pay for the expenses incurred after receiving a statement from the County of San
Bernardino .
Section 6. Filing of Resolution. The City Clerk is hereby directed to file a certified
copy of this resolution with the Board of Supervisors and the election department of the County
of San Bernardino .
Section 7. Certification. The City Clerk shall certify to the passage and adoption of
this Resolution and enter it into the book of original Resolutions.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested b y
the Acting City Clerk this ___ day of July, 2020.
______________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
___________________________________
Sonia Carvalho, City Attorney
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Packet Pg. 193 Attachment: SAN BERNARDINO - Resolution Requesting Consolidation of Election with SB County - Transactions and U-c1 (6813 : General
Resolution No. 2020-159
3
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the atta ched is a true
copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of July, 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of July 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
7.b
Packet Pg. 194 Attachment: SAN BERNARDINO - Resolution Requesting Consolidation of Election with SB County - Transactions and U-c1 (6813 : General
Resolution No. 2020-160
RESOLUTION NO. 2020-160
A RESOLUTION OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
PROVIDING FOR THE FILING OF PRIMARY AND
REBUTTAL ARGUMENTS AND SETTING RULES FOR
THE FILING OF WRITTEN ARGUMENTS REGARDING A
CITY MEASURE TO BE SUBMITTED AT THE
NOVEMBER 3, 2020 GENERAL MUNICIPAL ELECTION
WHEREAS, a General Municipal Election is to be held in the City of San Bernardino,
California on November 3, 2020, at which there will be submitted to the voters the following
measure:
“To prevent reductions to City services including public safety, 911
emergency response, gang/prostitution prevention programs,
street/pothole repairs, park/library maintenance, youth after -school,
senior and homelessness programs, cleaning public areas,
retaining/attracting businesses, and other general services, shall a
measure extending the City of San Bernardino’s sales tax at a one
percent rate, providing approximately $40,000,000 annually until
ended by voters, requiring independent audits, oversight, and all
funds used locally, be adopted?”
Yes
No
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND
ORDER AS FOLLOWS:
Section 1. Primary Arguments. That the City Council authorizes (i) the Cit y
Council or any member(s) of the City Council, (ii) a ny individual voter eligible to vote on the
above measure, (iii) a bona fide association of such citizens or (iv) any combination of voters
and associations, to file a written argument in favor of or against the City measure, accompanied
by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with
Article 4, Chapter 3, Division 9 of the Elections Code of the State of California, and to change
the argument until and including the date fixed below by the City Clerk, after which no
arguments for or against the City measure may be submitted to the City Clerk.
The deadline to submit arguments for or against the City Measure pursuant to this
Resolution is declared by the City Clerk to be August 12, 2020 at 5:00 p.m. Each argument
shall not exceed 300 words and shall be filed with the City Clerk, signed, and include the printed
name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an
organization, the name of the organization, and the printed name and signature of at least one of
its principal officers who is the author of the argument.
Section 2. Rebuttal Arguments. Pursuant to Section 9285 of the Elections Code of
the State of California, when the City Clerk has selected the primary arguments for and against
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Resolution No. 2020-160
2
the City Measure which will be printed and distributed to the voters, the Clerk shall send copies
of the primary argument in favor of the Measure to the authors of the primary argument against,
and copies of the primary argument against to the authors of the primary argument in favor. The
authors or persons designated by them may prepare and submit rebuttal arguments not exceeding
250 words. The rebuttal arguments shall be filed with the City Clerk not later than August 19,
2020, at 5:00 p.m. Rebuttal arguments shall be printed in the same manner as the primary
arguments. Each rebuttal argument shall immediately follow the primary argument which it
seeks to rebut.
Section 3. Prior Resolutions. That all previous resolutions providing for the filing
of primary and rebuttal arguments related to City measures are repealed.
Section 4. November 3, 2020 Election. That the provisions of Sections 1 and 2 shall
apply only to the election to be held on November 3, 2020, and shall then be repealed.
Section 5. Certification. The City Clerk shall certify to the passage and adoption of
this resolution and ent er it into the book of original Resolutions.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by
the Acting City Clerk this __ day of July, 2020.
___________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
___________________________________
Sonia Carvalho, City Attorney
7.c
Packet Pg. 196 Attachment: SAN BERNARDINO- Resolution Setting Deadlines and Rules for Arguments and Rebuttals - Transactions an-c1 (6813 : General
Resolution No. 2020-160
3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. _____, adopted at a regular meeting held at the ___ day of July, 2020 by
the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of July 2020.
______________________________
Genoveva Rocha, CMC, Acting City Clerk
7.c
Packet Pg. 197 Attachment: SAN BERNARDINO- Resolution Setting Deadlines and Rules for Arguments and Rebuttals - Transactions an-c1 (6813 : General
CITY OF SAN BERNARDINO 10-Year Financial Forecast FY 2018/19 to FY 2027/28 (Expiring)7/9/2020
FY 2018-19
Audited Actual
FY 2019-20 Mid-
Year Projection
FY 2019-20
COVID Impact
FY 2020-21
Adopted
FY 2021-22
Forecast
FY 2022-23
Forecast
FY 2023-24
Forecast
FY 2024-25
Forecast
FY 2025-26
Forecast
FY 2026-27
Forecast
FY 2027-28
Forecast
REVENUES:
Other Taxes 8,219,311 7,714,199 7,139,199 7,164,236 7,252,977 7,337,616 7,423,423 7,510,414 7,592,792 7,682,119 7,778,645
Licenses & Permits 11,250,755 10,987,079 10,987,079 10,987,079 11,138,544 11,292,914 11,450,258 11,610,649 11,774,162 11,940,874 12,110,864
Fines & Forfeitures 2,295,461 1,339,969 1,339,969 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000
Investment Income 844,223 450,058 450,058 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000
Use of Money & Property 1,309,153 959,517 779,273 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996
Intergovernmental 1,787,758 5,298,178 5,298,178 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000
Charges for Services 6,128,926 4,974,015 4,974,015 7,806,415 7,910,865 8,018,909 8,129,899 8,243,919 8,361,056 8,481,398 8,605,035
Property Taxes in Lieu of VLF 16,054,643 16,805,900 16,805,900 18,316,742 18,499,909 18,684,909 18,871,758 19,060,475 19,251,080 19,443,591 19,638,027
Sales & Use Taxes 38,337,628 38,323,670 34,495,000 32,488,243 33,950,214 35,477,974 37,074,482 38,742,834 40,486,262 42,308,143 44,212,010
Utility Users Tax 22,924,522 23,300,000 23,300,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000
Measure Z Sales Tax 9,717,123 9,378,979 8,768,000 7,900,000 6,102,750 - - - - - -
Franchise Tax 10,678,437 10,130,000 10,130,000 10,130,000 10,180,650 10,282,457 10,385,281 10,489,134 10,594,025 10,699,965 10,806,965
Miscellaneous 3,061,111 2,436,902 2,436,902 2,781,056 2,724,956 2,728,973 2,733,111 2,737,372 2,701,762 2,706,283 2,710,940
Transfer In 1,752,227
Total Consolidated General Fund Revenues:132,609,052$ 132,098,468$ 126,903,574$ 127,872,994$ 126,307,861$ 122,370,746$ 124,615,207$ 126,941,793$ 129,308,135$ 131,809,369$ 134,409,482$
Council Approved Use of Reserves (Carryovers)2,367,474$ 2,367,474$
Grand Total 132,609,052$ 134,465,942$ 129,271,048$ 127,872,994$ 126,307,861$ 122,370,746$ 124,615,207$ 126,941,793$ 129,308,135$ 131,809,369$ 134,409,482$
EXPENDITURES:
Division Total Total Total Total Total Total Total Total Total Total Total
001-010 - Mayor 592,988$ 752,760$ 752,760$ 393,314$ 397,062$ 400,892$ 404,805$ 408,804$ 412,889$ 417,064$ 421,330$
001-020 - City Council 785,265 678,669 678,669 618,512 625,144 631,166 637,304 643,561 649,939 656,441 663,069
001-030 - City Clerk 862,820 903,177 903,177 855,837 865,241 875,157 885,279 895,612 906,161 916,929 927,922
001-050 - City Attorney 2,811,393 3,750,718 3,750,718 2,494,730 2,497,248 2,499,819 2,502,444 2,507,477 2,513,179 2,519,711 2,527,282
001-090 - General Government 8,216,247 8,426,239 8,431,137 7,381,633 7,406,067 7,634,789 6,642,660 6,654,921 6,667,427 6,852,060 6,865,072
PERS - Unfunded Liability Payment 18,880,450 22,229,561 22,229,561 24,658,542 27,907,670 31,727,367 33,383,620 35,154,661 36,117,127 37,118,701 38,081,168
Merit Increases 600,000 600,000 600,000 600,000 600,000 600,000 600,000
Transfer to BK Fund 3,918,719 1,500,000 1,500,000 900,000
001-100 - City Manager 2,612,717 2,762,235 2,762,235 2,073,162 2,091,726 2,107,300 2,123,210 2,139,462 2,156,065 2,173,025 2,190,353
001-110 - Human Resources 1,000,512 1,352,922 1,352,922 1,151,315 1,164,430 1,177,956 1,191,760 1,205,847 1,220,223 1,234,895 1,249,869
001-120 - Finance 4,838,189 3,148,256 3,148,256 3,072,394 3,098,959 3,126,308 3,154,239 3,182,766 3,211,920 3,241,697 3,272,110
001-150 - Assessment Districts 118,755 118,755 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000
001-160 - Capital Projects 3,892,286 956,333 956,333
001-180 - Community Development 3,698,510 7,276,246 7,276,246 5,162,216 5,225,643 5,292,012 5,359,770 5,428,933 5,499,544 5,571,637 5,645,243
001-210 - Police 63,598,258 61,036,445 61,036,445 63,188,960 63,469,057 63,986,486 64,515,834 65,056,541 65,609,734 66,175,717 66,754,799
001-380 - Parks Recreation and Community Services 3,711,485 3,953,889 3,953,889 3,051,236 3,962,405 4,000,936 4,040,317 4,080,568 4,121,710 4,163,763 4,206,746
001-400 - Public Works 19,083,537 13,899,611 13,894,713 13,894,713 14,536,600 14,740,291 14,948,433 15,156,810 15,369,751 15,587,360 15,809,743
001-470 - Library 1,675,137 1,619,483 1,619,483 1,663,349 1,676,742 1,690,461 1,704,469 1,718,772 1,733,378 1,748,292 1,763,520
Total General Fund:140,178,515$ 134,365,299$ 134,365,299$ 130,679,912$ 135,643,993$ 140,610,941$ 142,214,145$ 144,954,734$ 146,909,049$ 149,097,293$ 151,098,225$
Net Consolidated General Fund Surplus / (Deficit):(7,569,463)100,643 (5,094,250)(2,806,918)(9,336,132)(18,240,195)(17,598,938)(18,012,941)(17,600,914)(17,287,923)(16,688,743)
Projected Beginning Fund Balances 39,112,915 31,543,452 31,644,095 24,182,370 21,375,452 12,039,320 (6,200,875)(23,799,813)(41,812,753)(59,413,668)(76,701,591)
Projected Ending Fund Balances 31,543,452 31,644,095 26,549,844 21,375,452 12,039,320 (6,200,875)(23,799,813)(41,812,753)(59,413,668)(76,701,591)(93,390,334)
Programmed Use of Reserves (Carryovers)2,367,474 2,367,474
Net Consolidated Fund Ending Fund Balance 31,543,452 29,276,621 24,182,370 21,375,452 12,039,320 (6,200,875)(23,799,813)(41,812,753)(59,413,668)(76,701,591)(93,390,334)
7.d
Packet Pg. 198 Attachment: 10-Year Forecast FY 2020-21 with Measure Z Expiring 07.09.2020 (6813 : General Sales Tax
CITY OF SAN BERNARDINO 10-Year Financial Forecast FY 2018/19 to FY 2027/28 (Measure Z Renewal at 0.25)7/9/2020
FY 2018-19
Audited Actual
FY 2019-20 Mid-
Year Projection
FY 2019-20
COVID Impact
FY 2020-21
Adopted
FY 2021-22
Forecast
FY 2022-23
Forecast
FY 2023-24
Forecast
FY 2024-25
Forecast
FY 2025-26
Forecast
FY 2026-27
Forecast
FY 2027-28
Forecast
REVENUES:
Other Taxes 8,219,311 7,714,199 7,139,199 7,164,236 7,252,977 7,337,616 7,423,423 7,510,414 7,592,792 7,682,119 7,778,645
Licenses & Permits 11,250,755 10,987,079 10,987,079 10,987,079 11,138,544 11,292,914 11,450,258 11,610,649 11,774,162 11,940,874 12,110,864
Fines & Forfeitures 2,295,461 1,339,969 1,339,969 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000
Investment Income 844,223 450,058 450,058 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000
Use of Money & Property 1,309,153 959,517 779,273 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996
Intergovernmental 1,787,758 5,298,178 5,298,178 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000
Charges for Services 6,128,926 4,974,015 4,974,015 7,806,415 7,910,865 8,018,909 8,129,899 8,243,919 8,361,056 8,481,398 8,605,035
Property Taxes in Lieu of VLF 16,054,643 16,805,900 16,805,900 18,316,742 18,499,909 18,684,909 18,871,758 19,060,475 19,251,080 19,443,591 19,638,027
Sales & Use Taxes 38,337,628 38,323,670 34,495,000 32,488,243 33,950,214 35,477,974 37,074,482 38,742,834 40,486,262 42,308,143 44,212,010
Utility Users Tax 22,924,522 23,300,000 23,300,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000
Measure Z Sales Tax 9,717,123 9,378,979 8,768,000 7,900,000 8,137,000 8,503,165 8,885,807 9,285,669 9,703,524 10,140,182 10,596,491
Franchise Tax 10,678,437 10,130,000 10,130,000 10,130,000 10,180,650 10,282,457 10,385,281 10,489,134 10,594,025 10,699,965 10,806,965
Miscellaneous 3,061,111 2,436,902 2,436,902 2,781,056 2,724,956 2,728,973 2,733,111 2,737,372 2,701,762 2,706,283 2,710,940
Transfer In 1,752,227
Total Consolidated General Fund Revenues:132,609,052$ 132,098,468$ 126,903,574$ 127,872,994$ 128,342,111$ 130,873,911$ 133,501,014$ 136,227,462$ 139,011,658$ 141,949,552$ 145,005,973$
Council Approved Use of Reserves (Carryovers)2,367,474$ 2,367,474$
Grand Total 132,609,052$ 134,465,942$ 129,271,048$ 127,872,994$ 128,342,111$ 130,873,911$ 133,501,014$ 136,227,462$ 139,011,658$ 141,949,552$ 145,005,973$
EXPENDITURES:
Division Total Total Total Total Total Total Total Total Total Total Total
001-010 - Mayor 592,988$ 752,760$ 752,760$ 393,314$ 397,062$ 400,892$ 404,805$ 408,804$ 412,889$ 417,064$ 421,330$
001-020 - City Council 785,265 678,669 678,669 618,512 625,144 631,166 637,304 643,561 649,939 656,441 663,069
001-030 - City Clerk 862,820 903,177 903,177 855,837 865,241 875,157 885,279 895,612 906,161 916,929 927,922
001-050 - City Attorney 2,811,393 3,750,718 3,750,718 2,494,730 2,497,248 2,499,819 2,502,444 2,507,477 2,513,179 2,519,711 2,527,282
001-090 - General Government 8,216,247 8,426,239 8,431,137 7,381,633 7,406,067 7,634,789 6,642,660 6,654,921 6,667,427 6,852,060 6,865,072
PERS - Unfunded Liability Payment 18,880,450 22,229,561 22,229,561 24,658,542 27,907,670 31,727,367 33,383,620 35,154,661 36,117,127 37,118,701 38,081,168
Merit Increases 600,000 600,000 600,000 600,000 600,000 600,000 600,000
Transfer to BK Fund 3,918,719 1,500,000 1,500,000 900,000
001-100 - City Manager 2,612,717 2,762,235 2,762,235 2,073,162 2,091,726 2,107,300 2,123,210 2,139,462 2,156,065 2,173,025 2,190,353
001-110 - Human Resources 1,000,512 1,352,922 1,352,922 1,151,315 1,164,430 1,177,956 1,191,760 1,205,847 1,220,223 1,234,895 1,249,869
001-120 - Finance 4,838,189 3,148,256 3,148,256 3,072,394 3,098,959 3,126,308 3,154,239 3,182,766 3,211,920 3,241,697 3,272,110
001-150 - Assessment Districts 118,755 118,755 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000
001-160 - Capital Projects 3,892,286 956,333 956,333
001-180 - Community Development 3,698,510 7,276,246 7,276,246 5,162,216 5,225,643 5,292,012 5,359,770 5,428,933 5,499,544 5,571,637 5,645,243
001-210 - Police 63,598,258 61,036,445 61,036,445 63,188,960 63,469,057 63,986,486 64,515,834 65,056,541 65,609,734 66,175,717 66,754,799
001-380 - Parks Recreation and Community Services 3,711,485 3,953,889 3,953,889 3,051,236 3,962,405 4,000,936 4,040,317 4,080,568 4,121,710 4,163,763 4,206,746
001-400 - Public Works 19,083,537 13,899,611 13,894,713 13,894,713 14,536,600 14,740,291 14,948,433 15,156,810 15,369,751 15,587,360 15,809,743
001-470 - Library 1,675,137 1,619,483 1,619,483 1,663,349 1,676,742 1,690,461 1,704,469 1,718,772 1,733,378 1,748,292 1,763,520
Total General Fund:140,178,515$ 134,365,299$ 134,365,299$ 130,679,912$ 135,643,993$ 140,610,941$ 142,214,145$ 144,954,734$ 146,909,049$ 149,097,293$ 151,098,225$
Net Consolidated General Fund Surplus / (Deficit):(7,569,463)100,643 (5,094,250)(2,806,918)(7,301,882)(9,737,030)(8,713,131)(8,727,272)(7,897,391)(7,147,741)(6,092,252)
Projected Beginning Fund Balances 39,112,915 31,543,452 31,644,095 24,182,370 21,375,452 14,073,570 4,336,540 (4,376,590)(13,103,862)(21,001,253)(28,148,994)
Projected Ending Fund Balances 31,543,452 31,644,095 26,549,844 21,375,452 14,073,570 4,336,540 (4,376,590)(13,103,862)(21,001,253)(28,148,994)(34,241,246)
Programmed Use of Reserves 2,367,474 2,367,474
Net Consolidated Fund Ending Fund Balance 31,543,452 29,276,621 24,182,370 21,375,452 14,073,570 4,336,540 (4,376,590)(13,103,862)(21,001,253)(28,148,994)(34,241,246)
7.e
Packet Pg. 199 Attachment: 10-Year Forecast FY 2020-21 with Measure Z Renewal 0.25 07.09.2020 (6813 : General Sales
CITY OF SAN BERNARDINO 10-Year Financial Forecast FY 2018/19 to FY 2027/28 (Measure Z Renewal at 1%)7/9/2020
FY 2018-19
Audited Actual
FY 2019-20 Mid-
Year Projection
FY 2019-20
COVID Impact
FY 2020-21
Adopted
FY 2021-22
Forecast
FY 2022-23
Forecast
FY 2023-24
Forecast
FY 2024-25
Forecast
FY 2025-26
Forecast
FY 2026-27
Forecast
FY 2027-28
Forecast
REVENUES:
Other Taxes 8,219,311 7,714,199 7,139,199 7,164,236 7,252,977 7,337,616 7,423,423 7,510,414 7,592,792 7,682,119 7,778,645
Licenses & Permits 11,250,755 10,987,079 10,987,079 10,987,079 11,138,544 11,292,914 11,450,258 11,610,649 11,774,162 11,940,874 12,110,864
Fines & Forfeitures 2,295,461 1,339,969 1,339,969 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000 1,512,000
Investment Income 844,223 450,058 450,058 450,000 450,000 450,000 450,000 450,000 450,000 450,000 450,000
Use of Money & Property 1,309,153 959,517 779,273 899,996 899,996 899,996 899,996 899,996 899,996 899,996 899,996
Intergovernmental 1,787,758 5,298,178 5,298,178 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000 2,485,000
Charges for Services 6,128,926 4,974,015 4,974,015 7,806,415 7,910,865 8,018,909 8,129,899 8,243,919 8,361,056 8,481,398 8,605,035
Property Taxes in Lieu of VLF 16,054,643 16,805,900 16,805,900 18,316,742 18,499,909 18,684,909 18,871,758 19,060,475 19,251,080 19,443,591 19,638,027
Sales & Use Taxes 38,337,628 38,323,670 34,495,000 32,488,243 33,950,214 35,477,974 37,074,482 38,742,834 40,486,262 42,308,143 44,212,010
Utility Users Tax 22,924,522 23,300,000 23,300,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000 23,200,000
Measure Z Sales Tax 9,717,123 9,378,979 8,768,000 14,294,125 33,476,498 34,982,940 36,557,173 38,202,246 39,921,347 41,717,807 43,595,108
Franchise Tax 10,678,437 10,130,000 10,130,000 10,130,000 10,180,650 10,282,457 10,385,281 10,489,134 10,594,025 10,699,965 10,806,965
Miscellaneous 3,061,111 2,436,902 2,436,902 2,781,056 2,724,956 2,728,973 2,733,111 2,737,372 2,701,762 2,706,283 2,710,940
Transfer In 1,752,227
Total Consolidated General Fund Revenues:132,609,052$ 132,098,468$ 126,903,574$ 134,267,119$ 153,681,609$ 157,353,686$ 161,172,379$ 165,144,039$ 169,229,481$ 173,527,177$ 178,004,591$
Council Approved Use of Reserves (Carryovers)2,367,474$ 2,367,474$
Grand Total 132,609,052$ 134,465,942$ 129,271,048$ 134,267,119$ 153,681,609$ 157,353,686$ 161,172,379$ 165,144,039$ 169,229,481$ 173,527,177$ 178,004,591$
EXPENDITURES:
Division Total Total Total Total Total Total Total Total Total Total Total
001-010 - Mayor 592,988$ 752,760$ 752,760$ 393,314$ 397,062$ 400,892$ 404,805$ 408,804$ 412,889$ 417,064$ 421,330$
001-020 - City Council 785,265 678,669 678,669 618,512 625,144 631,166 637,304 643,561 649,939 656,441 663,069
001-030 - City Clerk 862,820 903,177 903,177 855,837 865,241 875,157 885,279 895,612 906,161 916,929 927,922
001-050 - City Attorney 2,811,393 3,750,718 3,750,718 2,494,730 2,497,248 2,499,819 2,502,444 2,507,477 2,513,179 2,519,711 2,527,282
001-090 - General Government 8,216,247 8,426,239 8,431,137 7,381,633 7,406,067 7,634,789 6,642,660 6,654,921 6,667,427 6,852,060 6,865,072
PERS - Unfunded Liability Payment 18,880,450 22,229,561 22,229,561 24,658,542 27,907,670 31,727,367 33,383,620 35,154,661 36,117,127 37,118,701 38,081,168
Merit Increases 600,000 600,000 600,000 600,000 600,000 600,000 600,000
Transfer to BK Fund 3,918,719 1,500,000 1,500,000 900,000
001-100 - City Manager 2,612,717 2,762,235 2,762,235 2,073,162 2,091,726 2,107,300 2,123,210 2,139,462 2,156,065 2,173,025 2,190,353
001-110 - Human Resources 1,000,512 1,352,922 1,352,922 1,151,315 1,164,430 1,177,956 1,191,760 1,205,847 1,220,223 1,234,895 1,249,869
001-120 - Finance 4,838,189 3,148,256 3,148,256 3,072,394 3,098,959 3,126,308 3,154,239 3,182,766 3,211,920 3,241,697 3,272,110
001-150 - Assessment Districts 118,755 118,755 120,000 120,000 120,000 120,000 120,000 120,000 120,000 120,000
001-160 - Capital Projects 3,892,286 956,333 956,333
001-180 - Community Development 3,698,510 7,276,246 7,276,246 5,162,216 5,225,643 5,292,012 5,359,770 5,428,933 5,499,544 5,571,637 5,645,243
001-210 - Police 63,598,258 61,036,445 61,036,445 63,188,960 63,469,057 63,986,486 64,515,834 65,056,541 65,609,734 66,175,717 66,754,799
001-380 - Parks Recreation and Community Services 3,711,485 3,953,889 3,953,889 3,051,236 3,962,405 4,000,936 4,040,317 4,080,568 4,121,710 4,163,763 4,206,746
001-400 - Public Works 19,083,537 13,899,611 13,894,713 13,894,713 14,536,600 14,740,291 14,948,433 15,156,810 15,369,751 15,587,360 15,809,743
001-470 - Library 1,675,137 1,619,483 1,619,483 1,663,349 1,676,742 1,690,461 1,704,469 1,718,772 1,733,378 1,748,292 1,763,520
Total General Fund:140,178,515$ 134,365,299$ 134,365,299$ 130,679,912$ 135,643,993$ 140,610,941$ 142,214,145$ 144,954,734$ 146,909,049$ 149,097,293$ 151,098,225$
Net Consolidated General Fund Surplus / (Deficit):(7,569,463)100,643 (5,094,250)3,587,207 18,037,616 16,742,746 18,958,235 20,189,305 22,320,432 24,429,884 26,906,366
Projected Beginning Fund Balances 39,112,915 31,543,452 31,644,095 24,182,370 27,769,577 45,807,193 62,549,939 81,508,173 101,697,478 124,017,910 148,447,794
Projected Ending Fund Balances 31,543,452 31,644,095 26,549,844 27,769,577 45,807,193 62,549,939 81,508,173 101,697,478 124,017,910 148,447,794 175,354,160
Programmed Use of Reserves (Carryovers)2,367,474 2,367,474
Net Consolidated Fund Ending Fund Balance 31,543,452 29,276,621 24,182,370 27,769,577 45,807,193 62,549,939 81,508,173 101,697,478 124,017,910 148,447,794 175,354,160
7.f
Packet Pg. 200 Attachment: 10-Year Forecast FY 2020-21 with Measure Z Renewal 1% 07.09.2020 (6813 : General Sales
Page 1
Public Hearing
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Fiscal Year 2020-21 Assessment Levies for Previously Formed
Assessment Districts
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a Public Hearing; and
2. Adopt the following:
a. Resolution No. 2020-162 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2
AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974,
975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007,
1012 and 1016 for Fiscal Year 2020-21; and
b. Resolution No. 2020-163 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal
Year 2020-21; and
c. Resolution No. 2020-164 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1025 and 1027 for Fiscal Year 2020-21; and
d. Resolution No. 2020-165 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1),
1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE
1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055,
1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2020 -21;
and
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e. Resolution No. 2020-166 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District No. 1022 (San Bernardino International
Airport/Alliance-California) and Zones 1, 2 and 3 therefore for Fiscal Year
2020-21; and
3. Authorize the Director of Finance to amend the fiscal year 2020 -21 Adopted
Budget as necessary to reflect district revenues and expenditure budgets; and
4. Direct staff to undertake the steps necessary to finalize the Mayor and City
Council’s action.
Background
On May 20, 2020, the Mayor and City Council adopted Resolution Nos. 2020 -100
through 2020-104 declaring the City’s intention to levy and collect assessments on
assessable lots and parcels of property within each of the assessment districts
previously established by the City of San Bernardino for FY 2020-21 pursuant to
engineer’s reports prepared by Spicer Consulting Group, LLC, the Engineer of Record,
and called a Public Hearing on the proposed assessments to be levied on assessable
lots and parcels within each assessment district for July 15, 2020. The notice of said
hearing was duly published as required by law.
Discussion
At its July 15, 2020 meeting, the Mayor and City Council will conduct a Public Hearing
on the assessments proposed to be levied and collect ed from the owners of property
within each assessment district for FY 2020-21 to pay the costs of the maintenance,
servicing and operating of public landscaping, landscaping and lighting, sewer lift
stations, landscaping and sewer lift stations, and landscaping, detention basin and
storm drains and appurtenant facilities.
The assessment of an annual fee upon properties within each assessment district
provides the revenue to offset the cost of maintenance of the public improvements
within each assessment district. The amount of the assessments which are proposed to
be levied on all parcels of assessable land within each assessment district has been
determined pursuant to the methodology in each engineer’s report and is based on
special benefit conferred upon each such parcel from the payment of the cost of the
maintenance, servicing and operation of the public improvements.
On July 15, 2020, the Mayor and City Council will consider adoption of resolutions
confirming the diagram and assessment within the various assessment districts.
2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No. 1: Fiscal Stability. Approval of the levy of
these assessments will establish an ongoing revenue source to offset costs associated
with FY2020-21 maintenance needs in public rights of way.
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Fiscal Impact
The assessment on properties within the assessment districts provides revenue to
offset the cost of maintenance of public improvements to serve the development project.
The engineering reports set forth the “Maximum Allowable Assessment” for each parcel.
Funding was previously approved in FY2020/21 General Fund budgets to support
landscape maintenance districts where general benefit contributions are required, and
to support any district with anticipated funding shortfalls.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California:
1. Conduct a Public Hearing; and
2. Adopt the following:
a. Resolution No. 2020-162 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 951 (ZONE 1), 951 (ZONE 2), 952 (ZONES 1, 2
AND 2A), 952 (ZONE 3), 953, 956, 959 (ZONE 1), 962, 963, 968, 974,
975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007,
1012 and 1016 for Fiscal Year 2020-21; and
b. Resolution No. 2020-163 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1017, 1019, 1020, 1023 and 1024 for Fiscal
Year 2020-21; and
c. Resolution No. 2020-164 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1025 and 1027 for Fiscal Year 2020-21; and
d. Resolution No. 2020-165 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (ZONE 1),
1035 (ZONE 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (ZONE
1), 1043 (ZONE 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055,
1056, 1057, 1059, 1060, 1063, 1064 and 1068 for Fiscal Year 2020 -21;
and
e. Resolution No. 2020-166 of the Mayor and City Council of the City of San
Bernardino, California, Confirming the Diagram and Assessment for
Assessment District No. 1022 (San Bernardino International
Airport/Alliance-California) and Zones 1, 2 and 3 therefore for Fiscal Year
2020-21; and
3. Authorize the Director of Finance to amend the fiscal year 2020-21 Adopted
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Budget as necessary to reflect district revenues and expenditure budgets; and
4. Direct staff to undertake the steps necessary to finalize the Mayor and City
Council’s action.
Attachments
Attachment 1 Resolution No. 2020-162
Attachment 2 Resolution No. 2020-163
Attachment 3 Resolution No. 2020-164
Attachment 4 Resolution No. 2020-165
Attachment 5 Resolution No. 2020-166
Attachment 6 Final Engineering Reports Volume 1
Attachment 7 Final Engineering Reports Volume 2
Attachment 8 Final Engineering Reports Volume 3
Attachment 9 Final Engineering Reports Volume 4
Attachment 10 Final Engineering Reports Volume 5
Ward: All
Synopsis of Previous Council Actions:
5/6/2020 Mayor and City Council adopted Resolution No. 2020-72 Initiating
Proceedings to Levy and Collect Assessments for Fiscal Year
2020-21 in various assessment districts pursuant to the California
Constitution and the City Charter, appointing the Engineer of
Record and ordering preparation of engineer’s reports.
5/20/2020 Mayor and City Council adopted Resolution Nos. 2020 -100
through 2020-104 declaring intention to levy and collect
assessments for Fiscal Year 2020-21 within various assessment
districts within the City of San Bernardino, approved engineer’s
reports for each assessment district and provided notice of the
time and place of hearing on proposed assessments in each
assessment district.
8
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RESOLUTION NO. 2020-162
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 951 (ZONE 1), 951 (ZONE
2), 952 (ZONES 1, 2 AND 2A), 952 (ZONE 3), 953, 956, 959
(ZONE 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991,
993, 997, 1001, 1002, 1005, 1007, 1012 AND 1016 FOR FISCAL
YEAR 2020-21
WHEREAS, on May 20, 2020, the City Council (the “City Council”) of the City of San
Bernardino , California (the “City”) adopted Resolution No. 2020-100, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment District s Nos. 951
(Zone 1), 951 (Zone 2), 952 (Zones 1, 2 and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962,
963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and
1016 of the City of San Bernardino (collectively, the “Assessment District s”) for Fiscal Year
2020-21 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 15th, 2020, in the [Bing
Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street ], San
Bernardino, California ; and
WHEREAS, notice of said hearing was duly published as required by the Assessment
Law and Section 6061 of t he Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and a ll written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment District s, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the preceding recitals are correct;
(b) compliance has been had with all of the applicable requirements of the
Assessment Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
8.a
Packet Pg. 205 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 1 [Revision 2] (6799 : Fiscal Year 2020-21
Resolution No. 2020-165
-2-
(d) the City Council may therefore proceed to confirm the a ssessment for the
Assessment District s for Fiscal Year 2020-21, and order the levy and collection of the
assessment;
(e) the assessments proposed to be levied on the lots and parcels of assessable
property within the Assessment District s for the maintenance, servicing and operation of public
landscaping and appurtenant facilities for those designated Assessment Districts, landscaping
and lighting for those designated Assessment Districts and for maintenance, servicing and
operation of sewer lift stations and appurtenant facilities during Fiscal Year 2020-21, as
contained in the report of Spicer Consulting Group, LLC on file with the Acting City Clerk (the
“Report”) for each of the Assessment Districts, are determined pursuant to the methodology in
the engineer’s report based on special benefit conferred upon each such parcel; and
(f) such assessments do not exceed the amounts of the assessments which were
levied for Fiscal Year 2019-20.
SECTION 2. Levy of Assessment . Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance , servicing and operation of
public landscaping and appurtenant facilities for those designated Assessment Districts,
landscaping and lighting for those designated Assessme nt Districts and for maintenance,
servicing and operation of sewer lift stations and appurtenant facilities within the Assessment
District s during Fiscal Year 2020-21, as contained in the Report for each of the Assessment
Districts, and such assessment is hereby levied. The Acting City Clerk is directed to file a
certified copy of this resolution together with the assessment contained in the Report with the
County Auditor of the County of San Bernardino, who, pursuant to the Assessment Law, shall
enter on t he County Assessment Roll opposite each lot or parcel of land the amount assessed
thereupon, as shown in said assessment .
SECTION 3. 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 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.
8.a
Packet Pg. 206 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 1 [Revision 2] (6799 : Fiscal Year 2020-21
Resolution No. 2020-165
-3-
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 15th day of July, 2020.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho , City Attorney
8.a
Packet Pg. 207 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 1 [Revision 2] (6799 : Fiscal Year 2020-21
Resolution No. 2020-165
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-_____ adopted at a regular meeting held on the 15th day of July,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and officia l seal of the City of San Bernardino this ____ day of
__________, 2020.
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
8.a
Packet Pg. 208 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 1 [Revision 2] (6799 : Fiscal Year 2020-21
RESOLUTION NO. 2020-163
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1017, 1019, 1020, 1023 AND
1024 FOR FISCAL YEAR 2020-21
WHEREAS, on May 20, 2020, the City Council (the “City Council”) of the City of San
Bernardino , California (the “City”) adopted Resolution No. 2020-101, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance w ith Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment Distr icts Nos.
1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment
District s”) for Fiscal Year 2020-21 pursuant to the Assessment Law for 7:00 o’clock p.m. on
July 15, 2020, in the [Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555
W. 6th Street ], San Bernardino, California ; and
WHEREAS, notice of said hearing was duly published as required by the Assessment
Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment District s, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the preceding recitals are correct;
(b) compliance has been had with all of the applicable requirements of the
Assessment Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
(d) the City Council may therefore proceed to confirm the assessment for the
Assessment District s for Fiscal Year 2020-21, and order the levy and collection of the
assessment; and
8.b
Packet Pg. 209 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 2 [Revision 1] (6799 : Fiscal Year 2020-21
Resolution No. 2020-163
-2-
(e) the assessments proposed to be levied on the lots and parcels of assessable
property within the Assessment District s for the maintenance, servicing and operation of public
landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities during
Fiscal Year 2020-21, as contained in the report of Spicer Consulting Group, LLC on file with the
Acting City Clerk (the “Report”) for each of the Assessment Districts, are determined pursuant
the methodology in the engineer’s report based on special benefit conferred upon each such
parcel.
SECTION 2. Levy of Assessment . Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance , servicing and operation of
public landscaping and appurtenant facilities and sewer lift stations and appurtenant facilities
within the Assessment District s during Fiscal Year 2020-21, as contained in the Report, and such
assessment is hereby levied. The Acting City Clerk is directed to file a certified copy of this
resolution together with the assessment contained in the Report with the County Auditor of the
County of San Bernardino, who, pursuant to the Assessment Law, shall enter on the County
Assessment Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in
said assessment .
SECTION 3. 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 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 p rovisions 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.
8.b
Packet Pg. 210 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 2 [Revision 1] (6799 : Fiscal Year 2020-21
Resolution No. 2020-163
-3-
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 15th day of July, 2020.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Ap proved as to form:
__________________________________
Sonia R. Carvalho , City Attorney
8.b
Packet Pg. 211 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 2 [Revision 1] (6799 : Fiscal Year 2020-21
Resolution No. 2020-163
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the 15th day of July,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the Cit y of San Bernardino this ____ day of
__________, 2020.
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
8.b
Packet Pg. 212 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 2 [Revision 1] (6799 : Fiscal Year 2020-21
RESOLUTION NO. 2020-164
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1025 AND 1027 FOR
FISCAL YEAR 2020-21
WHEREAS, on May 20, 2020, the City Council (the “City Council”) of the City of San
Bernardino , California (the “City”) adopted Resolution No. 2020-102, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment District s Nos. 1025
and 1027 of the City of San Bernardino (collectively, the “Assessment District s”) for Fiscal Year
2020-21 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 15, 2020, in the [Bing
Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6t h Street], San
Bernardino, California ; and
WHEREAS, notice of said hearing was duly published as required by the Assessment
Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of sa id hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment District s, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the preceding recitals are correct;
(b) compliance has been had with all of the applicable requirements of the
Assessment Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
(d) the City Council may therefore proceed to confirm the assessment for the
Assessment District s for Fiscal Year 2020-21, and order the levy and collection of the
assessment; and
8.c
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Resolution No. 2020-164
-2-
(e) the assessments proposed to be levied on the lots and parcels of assessable
property within the Assessment District s for the maintenance, servicing and operation of public
landscaping and appurtenant facilities during Fiscal Year 2020-21, as contained in the report of
Spicer Consulting Group, LLC on file with the Acting City Clerk (the “Report”) for each of the
Assessment Districts, are determined pursuant the methodology in the engineer’s report based on
special benefit conferred upon each such parcel.
SECTION 2. Levy of Assessment . Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance , servicing and operation of
public landscaping and appurtenant facilities within the Assessment District s during Fiscal Year
2020-21, as contained in the Report for each of the Assessment Districts, and such assessment is
hereby levied. The Acting City Clerk is directed to file a certified copy of this resolution together
with the assessment contained in the Report with the County Auditor of the County of San
Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll
opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment .
SECTION 3. 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 signif icant 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 sever able.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
8.c
Packet Pg. 214 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 3 [Revision 1] (6799 : Fiscal Year 2020-21
Resolution No. 2020-164
-3-
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 15th day of July, 2020.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho , City Attorney
8.c
Packet Pg. 215 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 3 [Revision 1] (6799 : Fiscal Year 2020-21
Resolution No. 2020-164
-4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the 15th day of July,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2020.
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
8.c
Packet Pg. 216 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 3 [Revision 1] (6799 : Fiscal Year 2020-21
RESOLUTION NO. 2020-165
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICTS NOS. 1028, 1029, 1030, 1031,
1032, 1035 (ZONE 1), 1035 (ZONE 2), 1036, 1037, 1038, 1039,
1040, 1041, 1042, 1043 (ZONE 1), 1043 (ZONE 2), 1045, 1046,
1047, 1048, 1050, 1052, 1054, 1055, 1056, 1057, 1059, 1060,
1063, 1064 AND 1068 FOR FISCAL YEAR 2020-21
WHEREAS, on May 20, 2020, the City Council (the “City Council”) of the City of San
Bernardino, California (the “City”) adopted Resolution No. 2020-103 a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment District s Nos.
1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040,
1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1050, 1052, 1054, 1055,
1056, 1057, 1059, 1060, 1063, 1064 and 1068 of the City of San Bernardino (collectively, the
“Assessment District s”) for Fiscal Year 2020-21 pursuant to the Assessment Law for 7:00
o’clock p.m. on July 15, 2020, in the [Bing Wong Auditorium of the Norman F. Feldheym
Public Library at 555 W. 6th Street ], San Bernardino, California; and
WHEREAS, notice of said hearing was duly published as required by the Assessment
Law and Section 6061 of the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportun ity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of the area of assessable land within the Assessment District s, had not been received; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The Cit y Council finds that:
(a) the preceding recitals are correct;
(b) compliance has been had with all of the applicable requirements of the
Assessment Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
8.d
Packet Pg. 217 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 4 [Revision 2] (6799 : Fiscal Year 2020-21
Resolution No. 2020-165
55600.00902\32890339.1 -2-
(d) the City Council may therefore proceed to confirm the assessment for the
Assessment District s for Fiscal Year 2020-21, and order the levy and collection of the
assessment; and
(e) the assessments proposed to be levied on the lots and parcels of assessable
property within the Assessment District s for the maintenance, servicing and operation of public
landscaping and appurtenant facilities, the maintenance, servicing and operation of seven lift
stations and appurtenant facilities, and the maintenance, servicing and operation of detention
basins and storm drains and appurtenant facilities during Fiscal Year 2020-21, as contained in
the report of Spicer Consulting Group, LLC on file with the Acting City Clerk (the “Report”) for
each Assessment District , are determined pursuant the methodology in the engineer’s report
based on special benefit conferred upon each such parcel.
SECTION 2. Levy of Assessment . Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for t he maintenance, servicing and operation of
public landscaping and appurtenant facilities, the maintenance, servicing and operation of seven
lift stations and appurtenant facilities, and the maintenance, servicing and operation of detention
basins and storm drains and appurtenant facilities within the Assessment District s during Fisca l
Year 2020-21, as contained in the Report for each Assessment District , and such assessment is
hereby levied. The Acting City Clerk is directed to file a certified copy of this resolution together
with the assessment contained in the Report with the County Auditor of the County of San
Bernardino, who, pursuant to the Assessment Law, shall enter on the County Assessment Roll
opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment .
SECTION 3. 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 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 t his Resolution are declared to be severable.
SECTION 5. Effective Date. This Resolution shall become effective immediately.
8.d
Packet Pg. 218 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 4 [Revision 2] (6799 : Fiscal Year 2020-21
Resolution No. 2020-165
55600.00902\32890339.1 -3-
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 15th day of July, 2020.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho, City Attorney
8.d
Packet Pg. 219 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 4 [Revision 2] (6799 : Fiscal Year 2020-21
Resolution No. 2020-165
55600.00902\32890339.1 -4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the 15th day of July,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2020.
___________________________________
Genoveva Rocha, CMC, Acting City Clerk
8.d
Packet Pg. 220 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 4 [Revision 2] (6799 : Fiscal Year 2020-21
RESOLUTION NO. 2020-166
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
CONFIRMING THE DIAGRAM AND ASSESSMENT FOR
ASSESSMENT DISTRICT NO. 1022 (SAN BERNARDINO
INTERNATIONAL AIRPORT/ALLIANCE-CALIFORNIA)
AND ZONES 1, 2 AND 3 THEREOF FOR FISCAL YEAR
2020-21
WHEREAS, on May 20, 2020, the City Council (the “City Council”) of the City of San
Bernardino , California (the “City”) adopted Resolution No. 2020-104, a resolution of intention
pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment
Law”), which, among other things, scheduled a public hearing on the levy and collection of
assessments on the lots and parcels of assessable property within Assessment District No. 1022
(San Bernardino International Airport/Alliance-California)) of the City of San Bernardino (the
“Assessment District”) for Fiscal Year 2020-21 pursuant to the Assessment Law for 7:00 o’clock
p.m. on July 15, 2020, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library
at 555 W. 6th Street, San Bernardino, California ; and
WHEREAS, notice of said hearing was duly published as required by the Assessment
Law and Section 6061 o f the Government Code; and
WHEREAS, at the time and place of said hearing, as set forth in said resolution of
intention, the City Council held the hearing and afforded all interested persons an opportunity to
be heard, and considered all oral statements and all written protests or communications made or
filed by any interested persons, and at the conclusion of said hearing determined that a majority
protest, to wit: written protests filed and not withdrawn by property owners owning more than 50
percent of t he area of assessable land within the Assessment District, had not been received ; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. Findings. The City Council finds that:
(a) the preceding recitals are correct;
(b) compliance has been had with all of the applicable requirements of the
Assessment Law;
(c) a majority protest to the levy and collection of the proposed assessment has not
been filed;
(d) the City Council may therefore proceed to confirm the assessment for the
Assessment District for Fiscal Year 2020-21, and order the levy and collection of the assessment;
and
8.e
Packet Pg. 221 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 5 [Revision 1] (6799 : Fiscal Year 2020-21
Resolution No. 2020-166
55600.00902\32890615.1 -2-
(e) the assessments proposed to be levied on the lots and parcels of assessable
property within the Assessment District for the maintenance, servicing and operation of
landscaping and lighting and appurtenant facilities during Fiscal Year 2020-21, as contained in
the report of Spicer Consulting Group, LLC on file with the Acting City Clerk (the “Report”),
are determined pursuant to the methodology in the engineer’s report based on special benefit
conferred upon each such parcel from the payment of the cost of the maintenance, servicing and
operation of landscaping and lighting and appurtenant facilities.
SECTION 2. Levy of Assessment . Pursuant to the Assessment Law, the adoption of this
resolution constitutes the levy of the assessment for the maintenance , servicing and operation of
landscaping and lighting and appurtenant facilities within the Assessment District during Fisca l
Year 2020-21, as contained in the Report, and such assessment is hereby levied. The Acting City
Clerk is directed to file a certified copy of this resolution together with the assessment contained
in the Report with the County Auditor of the County of San Bernardino, who, pursuant to the
Assessment Law, shall enter on the County Assessment Roll opposite each lot or parcel of land
the amount assessed thereupon, as shown in said assessment .
SECTION 3. 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 4. Severability. If any provision of this Resolution or the application thereof
to any perso n 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.
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Resolution No. 2020-166
55600.00902\32890615.1 -3-
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this 15th day of July, 2020.
____________________________________
John Valdivia, Mayor
City of San Bernardino
Attest:
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
__________________________________
Sonia R. Carvalho , City Attorney
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Resolution No. 2020-166
55600.00902\32890615.1 -4-
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the 15th day of July,
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ____ day of
__________, 2020.
__________________________________
Genoveva Rocha, CMC, Acting City Clerk
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Packet Pg. 224 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Reso 5 [Revision 1] (6799 : Fiscal Year 2020-21
CITY OF S AN BERNARDINO
Maintenance Assessment Districts
Volume 1
FISCAL YEAR 2020-21
FINAL ENGINEER'S REPORT
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Table of Contents
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Sections
i. Executive Summary i
ii. Introduction iii
iii. Engineers Signature ix
1. MAD No.951 Zone 1 1
2. MAD No.951 Zone 2 2
3. MAD No. 952 Zone 1, 2 and 2A 3
4. MAD No.952 Zone 3 5
5. MAD No.953 6
6. MAD No.956 7
7. MAD No.959 Zone 1 9
8. MAD No.962 10
9. MAD No.963 11
10. MAD No.968 12
11. MAD No.974 13
12. MAD No.975 14
13. MAD No.976 16
14. MAD No.981 18
15. MAD No.982 19
16. MAD No.986 20
17. MAD No.989 22
18. MAD No.991 23
19. MAD No.993 24
20. MAD No.997 25
21. MAD No.1001 26
22. MAD No.1002 27
23. MAD No.1005 28
24. MAD No.1007 30
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Table of Contents
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
25. MAD No.1012 32
26. MAD No.1016 33
27. Assessment Diagrams 34
28. Assessment Rolls 35
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagrams
Appendix C – MAD District Cost Summary
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i. Executive Summary Page | i
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
AGENCY: CITY OF SAN BERNARDINO
PROJECT: MAINTENANCE ASSESSMENT DISTRICTS ENGINEER REPORT
TO: CITY COUNCIL
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO THE "ASSESSMENT LAW"
Pursuant to direction from the City Council (the “City Council”) of the City of San Bernardino (the “City”), State of California, submitted
herewith is the Engineer’s Report (the “Report”) for Maintenance Assessment Districts, consisting of the following parts, pursuant to the
Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of
California (the “Assessment Law”), and which is in accordance with Resolution No. 2020-__ adopted by the City of San Bernardino City
Council, San Bernardino County, California ordering preparation of this Report. This Report is applicable for the ensuing 12-month period,
being the Fiscal Year commencing July 1, 2020 to June 30, 2021.
Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping and
irrigation systems proposed to be funded.
Section 2 A COST ESTIMATE of maintaining the landscaping and irrigation systems including incidental costs and expenses in
connection therewith for Fiscal Year 2020-21, is as set forth on the lists thereof, attached hereto.
Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments,
indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several
lots and parcels of land within the Districts, in proportion to the estimated benefits to be received by such lots and
parcels.
Section 4 ASSESSMENT DIAGRAMS showing the Districts, the lines and dimensions of each parcel of land within said Districts,
as the same exists on the maps of the County of San Bernardino Assessor for Fiscal Year 2020-21, is filed in the
offices of the City of San Bernardino. An Assessment Diagram of the Districts can be found in Appendix B.
Section 5 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2020-21 apportioned to each parcel as
shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.
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i. Executive Summary Page | ii
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Maintenance
Assessment District Name
Actual Assessment
per Unit ($)
Maximum Assessment
per Unit ($)
MAD No. 951 Zone 1 Wagonwheel Road Area $75.02 $75.02
MAD No. 951 Zone 2 Wagonwheel Road Area $29.52 $29.53
MAD No. 952 Zone 1 State College Area $298.38 $298.38
MAD No. 952 Zone 2 State College Area $783.35 $783.35
MAD No. 952 Zone 2A State College Area $100.06 $100.06
MAD No. 952 Zone 3 State College Area $81.36 $161.75
MAD No. 953 16th Street $35.78 $35.79
MAD No. 956 Carnegie Drive Area $99.34 $99.35
MAD No. 959 Zone 1 Shandin Hills $124.14 $196.18
MAD No. 962 Pine Avenue Area $31.64 $41.97
MAD No. 963 Allen Street $130.12 $130.12
MAD No. 968 Airport Drive $85.70 $85.70
MAD No. 974 Rialto Avenue between Eucalyptus and Pepper $68.56 $68.57
MAD No. 975 Pepper and Mill Area $70.94 $70.96
MAD No. 976 Pine and Belmont $66.98 $146.43
MAD No. 981 Meridian and Randall Avenue $61.02 $61.03
MAD No. 982 Piedmont Drive Area $102.36 $102.36
MAD No. 986 Rialto and Macy Area $91.42 $114.00
MAD No. 989 Mill and Macy Area $56.30 $56.30
MAD No. 991 Verdemont and Olive Area $191.80 $192.76
MAD No. 993 Cajon and June Are $89.26 $100.06
MAD No. 997 Chestnut Area $23.04 $80.33
MAD No. 1001 Pennsylvania and Birch Area $203.54 $624.00
MAD No. 1002 North "H" Street Area $15.00 $22.00
MAD No. 1005 Cajon and Pepper Linden Area $200.94 $248.00
MAD No. 1007 Pepper and Randall Area $53.54 $91.00
MAD No. 1012 Mill/Burney Area $450.06 $691.00
MAD No. 1016 Coulston Area $77.86 $119.58
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ii. Introduction Page | iii
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
The City administers and maintains 63 Maintenance Assessment Districts (the “MADs”) and associated zones that have been established
over the last 39 years. The MADs provide a financing mechanism to maintain the public maintenance areas associated with each
particular development, ensuring the continued maintenance, operations, servicing, and administration of various improvements located
within the public right-of-way and dedicated easements; all within the boundaries of each MADs. There are 2 MADs which have no
improvements and are, therefore, not yet maintained.
This report has been prepared to support the annual assessment of the MADs within the City’s boundaries. The following information is
presented to provide general information about the MADs. Additional details specific to each MAD are listed in each MAD’s dedicated
section of this Engineer’s Report.
Designation of Maintenance Assessment District/Zones:
For your reference, you can find the following Maintenance Assessment Districts within the corresponding Volumes listed below:
Volume 1: MAD 95-1 (Zone 1), MAD 95-1 (Zone 2), MAD 95-2 (Zone 1, 2 and 2A), MAD 95-2 (Zone 3), MAD 953, MAD 956, MAD 959
(Zone 1), MAD 962, MAD 963, MAD 968, MAD 974, MAD 975, MAD 976, MAD 981, MAD 982, MAD 986, MAD 989, MAD 991, MAD
993, MAD 997, MAD 1001, MAD 1002, MAD 1005, MAD 1007, MAD 1012, and MAD 1016. These Maintenance Assessment Districts
listed are contained within Volume 1 and does not contain an annual escalator.
Volume 2: MAD 1017, MAD 1019, MAD 1020, MAD 1023 and MAD 1024. These Maintenance Assessment Districts listed are contained
within Volume 2 and does contain an annual CPI escalator only.
Volume 3: MAD 1025 and MAD 1027. These Maintenance Assessment Districts listed are contained within Volume 3 and has a 25%
general benefit of major arterial streets, 20% general benefit of secondary arterial streets, 15% general benefit of collector streets, and
100% special benefit of the local streets. These Maintenance Assessment Districts listed are contained in Volume 3 and contains an
annual escalator of 5% or CPI, whichever is less with other direct and special benefit requirements only pertaining to this Maintenance
District.
Volume 4: MAD 1028, MAD 1029, MAD 1030, MAD 1031, MAD 1032, MAD 1035 (Zone 1), MAD 1035 (Zone 2), MAD 1036, MAD 1037,
MAD 1038, MAD 1039, MAD 1040, MAD 1041, MAD 1042, MAD 1043 (Zone 1), MAD 1043 (Zone 2), MAD 1045, MAD 1046, MAD 1047,
MAD 1048, MAD 1050, MAD 1052, MAD 1054, MAD 1055, MAD 1056, MAD 1057, MAD 1059, MAD 1060, MAD 1063, MAD 1064, and
MAD 1068. These Maintenance Assessment Districts listed are contained within Volume 4 and contains an annual escalator of 5% or
CPI, whichever is less.
Volume 5: MAD 1022 (Zone 1), MAD 1022 (Zone 2) and MAD 1022 (Zone 3). These Maintenance Assessment Districts listed are
contained within Volume 5 and contains an annual escalator of 5% or CPI, whichever is less with other direct and special benefit
requirements only pertaining to this Maintenance District.
Current Annual Administration
As required by the Assessment Law, the Report includes: (1) a description of the improvements to be operated, maintained and serviced
by the District, (2) an estimated budget for the District, and (3) a listing of the proposed Fiscal Year 2020-21 assessments to be levied
upon each assessable lot or parcel within the Districts.
The City of San Bernardino will hold a Public Hearing on July 15, 2020, regarding the District which will provide an opportunity for
any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the
assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made
for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for
the purposes stated within this Report.
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ii. Introduction Page | iv
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Cost Estimate
The cost estimate contains each of the items specified in the Assessment Law.
The Assessment Law provides that the estimated costs of the improvements shall include the total cost of the improvements for the
entire Fiscal Year 2020-21, including incidental expenses, which may include operating reserves. The Assessment Law also provides
that the amount of any surplus, deficit, or contribution be included in the estimated cost of improvements. The net amount to be assessed
on the lots or parcels within the District is the total cost of installation, maintenance, and servicing with adjustments either positive or
negative for reserves, surpluses, deficits, and/or contributions.
Changes in Organization
There are no changes in organization for Fiscal Year 2020-21.
Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to
the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation
and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described
below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at
the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will
need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment
engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-
way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the
real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge
generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are
levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees
and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments
and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge
is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition
to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires
a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost
of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially
benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred
on real property located in the district or to the public at large. General enhancement of property
value does not constitute “special benefit”.
The actual assessment and the amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the
latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part
of the records of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
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ii. Introduction Page | v
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Direct and Special Benefit
The maintenance of improvements provides direct and special benefit to those properties located within each of the Districts.
Each and every lot or parcel within the Districts, receives a particular and distinct benefit from the improvements over and above general
benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.
In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the
improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not
have been developed in the absence of the installation and expected maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Districts because of the
nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights,
traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the Districts by
moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in
close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g., control
sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the
flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing
traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and
other diseases spreading to landscaping located throughout the properties within the Districts. Streetlights also provide safety for
pedestrians and motorists living and owning property in the Districts during the nighttime hours, and to assign rights-of-way for the
safety of pedestrians and motorists by defining a specific path during all hours of the day.
Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and
overhead utilities. These elements are a distinct and special benefit to all developed parcels in the Districts. Streetlights are installed
on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.
Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of
fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the
facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the
motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.
The system of streets within the Districts are established to provide access to each parcel in the Districts. Streetlights provide a safer
street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within
the Districts, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express,
special benefit of the parcels within the District.
The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes
(especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.
Finally, the proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, and graffiti abatement, and
appurtenant structures improves the attractiveness of the properties within the Districts. This provides a positive visual experience each
and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well-being for properties
within the Districts.
Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the
improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, traffic signals, and bridge lights, and graffiti abatement are
apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis.
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals,
and bridge lights, and graffiti abatement are an integral part of the quality of life of the Districts. This quality of life is a special benefit to
those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements,
utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such
parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or
experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote
frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement
and are not assessed.
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ii. Introduction Page | vi
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
General Benefit
The Benefit received by the parcels within the boundaries of the Districts is determined to be of more than ordinary public benefit, thus
each parcel within the Districts being assessed receives special benefit from the improvements. If the property not within the boundaries
of a District also receives some benefit from the improvements, consideration must then be given to a general benefit given by the
improvements, which may not be assessed to the parcels within the Districts. Since the installation and maintenance of the landscaping
and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is
further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are
100% assessable to the parcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City’s General Plan,
are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City’s General
Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City’s General Plan, are
determined to be 5% general benefit and the proportional costs thereof are not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District.
These percentages are based on the traffic circulation for the various street classifications.
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ii. Introduction Page | vii
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Method of Apportionment
The Assessment Law permits the establishment of assessment districts by agencies for the purpose of providing certain public
improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for
landscape use, and appurtenant facilities. The Assessment Law further provides that assessments may be apportioned upon all
assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or
parcel from the improvements rather than assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot
or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by
the District to fairly apportion the costs based on the estimated benefit to each parcel.
In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the
City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct
benefit over and above general benefits conferred on the public at large, including real property within the district. The general
enhancement of property value does not constitute a special benefit.
Whereas, the City Council of the City of San Bernardino, State of California, did, pursuant to the provisions of the Assessment Law,
adopted resolutions to initiate proceedings to form special assessment districts.
Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with the Assessment
Law.
Whereas, Section 22567 of said Article 4 states the Report shall consist of the following;
a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment districts
d. An assessment of the estimated costs of the maintenance of the improvements
Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of San Bernardino, pursuant to the Assessment Law, do
hereby submit the following:
1. Pursuant to the provisions of law the costs and expenses of the districts have been assessed upon the parcels of land in the
districts benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcel, reference is made to the Assessment Diagrams, a reduced copy of which is
included herein.
2. As required by law, the Diagrams are filed herewith, showing the districts, as well as the boundaries and dimensions of the
respective parcels and subdivisions of land within said districts as the same exist each of which subdivisions of land or parcels
or lots, respectively, have been given a separate number upon said Diagrams and in the Assessment Rolls contained herein.
3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagrams and Assessment
Rolls, correspond with the numbers assigned to each parcel by the San Bernardino County Assessor. Reference is made to the
County Assessment Roll for a description of the lots or parcels.
4. There are no parcels or lots within the assessment districts that are owned by a federal, state or other local governmental agency
that will benefit from the services to be provided by the assessments to be collected.
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ii. Introduction Page | viii
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The City requested Spicer Consulting Group, LLC, to prepare and file an Engineer’s Report for the assessment districts pursuant to the
Assessment Law presenting plans and specifications describing the general nature, location and extent of the improvements to be
maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the assessment districts for
the referenced Fiscal Year, diagrams for the districts showing the areas and properties to be assessed, and assessments of the estimated
costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and-or parcels
within the districts in proportion to the special benefit received.
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iii. Engineers Signature Page | ix
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Executed this day of 2020.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was filed with me on the _______ day of ____________, 2020. By Adoption of Resolution No. _______ by the City Council.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was approved and confirmed by the City Council of the City of San Bernardino, California, on the _____day of
___________, 2020.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
15th July
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1. MAD No. 951 Zone 1 Page | 1
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 951 Zone 1 was formed in 1981 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 951 Zone 1 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
Kendall Drive on the northeast, the San Bernardino County Flood Control District’s Devil Canyon Diversion Channel to
the Southeast, The 215 Interstate Highway to the southwest and Buckboard Drive to the northwest.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 951 Zone 1. The
improvements to be maintained includes 18,729 sq. ft. of landscaping and all appurtenances and 22 trees along the existing parkway of
Kendall Way and the southwesterly parkway of Kendall Drive all within the boundaries of Zone 1.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The assessment benefit procedure to be followed and the amount
to be assessed against each particular parcel will be a proportion of the total sum of the cost of the improvements, incidentals and
maintenance within the area of each zone in relation to the number of single family residential lots, either actual or computed in each
zone.
This portion of Kendall Drive is designated as a major arterial street and represents 100% of the total area to be maintained; thus 15%
of the total cost of maintenance is deemed to be general benefit and will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit in the District and dividing it by the total area to be maintained.
The then percentage of total area of General Benefit in District is multiplied by the total area maintenance costs. The total cost of
General Benefit area in each Zone is then multiplied by the derived factor from above (15%). The result is the General Benefit needed
for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $4,876.30
Assessment Units 65
Fiscal Year 2020-21 Collectible per Unit $75.02
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $75.02 per unit.
8.f
Packet Pg. 237 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
2. MAD No. 951 Zone 2 Page | 2
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 951 Zone 2 was formed in 1981 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 951 Zone 2 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
Kendall Drive to the northeast, Buckboard Drive to the southeast, the 215 Interstate Highway to the southwest and
southwesterly line of the Kendall Plaza to the northwest.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 951 Zone 2. The
improvements to be maintained includes 63,860 sq. ft. of landscaping and all appurtenances and 51 trees along the existing parkway of
Kendall Way and the southwesterly parkway of Kendall Drive all within the boundaries of Zone 2.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The assessment benefit procedure to be followed and the amount
to be assessed against each particular parcel will be a proportion of the total sum of the cost of the improvements, incidentals and
maintenance within the area of each zone in relation to the number of single family residential lots, either actual or computed in each
zone.
This portion of Kendall Drive is designated as a major arterial street and represents 100% of the total area to be maintained; thus 15%
of the total cost of maintenance is deemed to be general benefit and will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit in the District and dividing it by the total area to be maintained.
The then percentage of total area of General Benefit in District is multiplied by the total area maintenance costs. The total cost of
General Benefit area in each Zone is then multiplied by the derived factor from above (15%). The result is the General Benefit needed
for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $5,994.59
Assessment Units 203
Fiscal Year 2020-21 Collectible per Unit $29.52
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $29.53 per unit.
8.f
Packet Pg. 238 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
3. MAD No. 952 Zone 1, 2, and 2A Page | 3
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 952 Zone 1,2, and 2A was formed in 1981 to fund the maintenance of various improvements and
services within the boundaries of the District.
Description of District Boundaries
The boundaries of AD No. 952 Zone 1 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
Kendall Drive to the northeast, the San Bernardino County Flood Control Channel on the northwest, the 215 Interstate
Highway to the southwest and State Street to the east.
The boundaries of AD No. 952 Zone 2 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
University Parkway to the west; Northpark Boulevard to the north; Western Avenue to the east and Kendall Drive and
the San Bernardino County Flood Control channel to the south.
The boundaries of AD No. 952 Zone 2A are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
Lake Placid Drive and 48th Street to the south; Laette Court and Shrine Court to the east; the northerly line of Tract No.
14388 to the north and Sun Valley Drive and the westerly line of Tract No. 14388 to the west.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 952 Zones 1, 2
and 2A. The improvements to be maintained include 784,040 sq. ft. of landscaping and all appurtenances and related facilities along
both sides and median strip of University Parkway between Northpark Boulevard and Interstate Highway 15E; west side of State Street
between Kendall Drive and University Parkway; both sides of College Drive between State Street, west to its westerly terminus; southerly
side of Kendall Drive between State College Parkway, northerly to the San Bernardino County Flood Control Channel; Southerly side
and median strip of Northpark Boulevard between University Parkway and Mountain Drive; both sides of Little Mountain Drive between
Northpark Boulevard and the Flood Control Channel north of Kendall Drive; west to the Flood Control Channel north of Kendall Drive;
48th Street between Western Avenue, west to the Flood Control Channel north of Kendall Drive, portions of both sides of Sun Valley
Drive, north of 48th Street lying within the boundaries of Tract No. 14388.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The assessment benefit procedure to be followed and the amount
to be assessed against each particular parcel will be a proportion of the total sum of the cost of the improvements and incidentals within
the area of the total district in relation to the area of each parcel of land therein.
Based on the City of San Bernardino’s current circulation element of its General Plan, Northpark Boulevard, University Parkway and
Kendall Drive are designated as major arterial streets and represents 85% of the total maintenance area; thus 15% of 85% of the total
costs of maintenance is deemed to be of general benefit, and not assessable to the District. Little Mountain Drive and 48th Street are
8.f
Packet Pg. 239 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
3. MAD No. 952 Zone 1, 2, and 2A Page | 4
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
designated as secondary arterial streets and represents 15% of the total maintenance area; thus 10% of 15% of the total costs of
maintenance is deemed to be of general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The percentage
of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then
multiplied by the derived factor from above (15% and 10%). The result is the General Benefit of 14.25% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Zone 1
Total Fiscal Year 2020-21 Budget $46,705.75
Assessment Units 156.51
Fiscal Year 2020-21 Collectible per Unit $298.38
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $298.38 per unit.
Zone 2
Total Fiscal Year 2020-21 Budget $55,636.65
Assessment Units 71.02
Fiscal Year 2020-21 Collectible per Unit $783.35
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $783.35 per unit.
Zone 2A
Total Fiscal Year 2020-21 Budget $9,405.64
Assessment Units 94
Fiscal Year 2020-21 Collectible per Unit $100.06
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $100.06 per unit.
8.f
Packet Pg. 240 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
7. MAD No. 952 Zone 3 Page | 5
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 952 Zone 3 was formed in 1995 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 952 Zone 3 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Northpark Boulevard to the south, the westerly line of Tract No 10352-1 to the west, the northerly line
of Tract No. 10352, 10352-1 and 10352-3 to the north and the easterly line of Tract No. 10352 to the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 952 Zone 3. The
improvements to be maintained include 20,945 sq. ft. of turf, 28,300 sq. ft. of ground cover, shrubs, trees and all appurtenant irrigation
along portions of the north side of Northpark Boulevard and the median strip between Little Mountain Drive and Mountain Avenue.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Northpark Boulevard is designated as a major
arterial street and represents 57% of the total maintenance area; thus 15% of 57% of the total costs of maintenance is deemed to be
of general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $12,854.88
Assessment Units 158
Fiscal Year 2020-21 Collectible per Unit $81.36
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $161.75 per unit.
8.f
Packet Pg. 241 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
8. MAD No. 953 Page | 6
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 953 was formed in 1982 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 953 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of 19th Street to the north, the centerline of California Street to the west, the southerly line of Tract No.
11058 and 11059 to the south and the easterly line of Tract No. 11058, 11260 and 11261 to the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 953. The
improvements to be maintained include 25,969 sq. ft. strip of ground cover along portions of 16th Street between California Street and
the easterly line of Tract No. 11058 all within the District boundary.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The assessment benefit procedure to be followed and the amount
to be assessed against each particular parcel will be a proportion of the total sum of the cost of the maintenance of the landscaping
within the area of the total district in relation to the number of parcels therein.
Based on the City of San Bernardino’s current circulation element of its General Plan, 16th Street is designated as a collector street
and represents 100% of the total maintenance area; thus 5% of the total costs of maintenance and is deemed to be of general benefit,
and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $7,086.42
Assessment Units 198
Fiscal Year 2020-21 Collectible per Unit $35.78
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $35.79 per unit.
8.f
Packet Pg. 242 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
9. MAD No. 956 Page | 7
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 956 was formed in 1985 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 956 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
Bounded by Waterman Avenue on the west; on the east by Tippecanoe Avenue; on the south generally by Interstate
Highway 10; on the north generally by the Santa Ana River and by Brier Drive.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 956. The
improvements to be maintained include 309,636 sq. ft. of landscaping along portions of Waterman Avenue, Carnegie Drive, Vanderbilt
Way, Hospitality Lane, Harriman Place, Brier Drive and Tippecanoe Street all within the boundaries of the District.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind. The
assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be a proportion of the
total sum of the cost of the maintenance and incidentals within the area in relation to the area of each parcel of land therein.
Based on the City of San Bernardino’s current circulation element of its General Plan, Waterman Avenue, Tippecanoe Avenue, Carnegie
Drive, Brier Drive and Hospitality Lane are designated as major arterial streets and represents 77% (rounded) of the total maintenance
area; thus 15% of 77% of the total costs of maintenance is deemed to be of general benefit, and not assessable to the District. Harriman
Place is designated as a secondary arterial street and represents 12% of the total maintenance area, thus 10% of 12% of the total
cost of maintenance is deemed to be of general benefit and not assessable to the District. Vanderbilt Way is designated as a collector
street and represents 11% of the total maintenance area, thus 5% of 11% the total cost of maintenance is deemed to be of general
benefit and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%, 10% and 5%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
8.f
Packet Pg. 243 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
9. MAD No. 956 Page | 8
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $31,756.01
Assessment Units 319.67
Fiscal Year 2020-21 Collectible per Unit $99.34
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $99.35 per unit.
8.f
Packet Pg. 244 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
10. MAD No. 959 Zone 1 Page | 9
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 959 Zone 1 was formed in 1995 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 959 Zone 1 are shown on the Assessment Diagram located in Appendix B of this Reports and is generally
described as follows:
The centerline of Kendal Drive to the north, the westerly lines of Tract No. 11323, 14254, 12958 and 12959 to the west,
the southerly line of Tract No. 12958 and 12955 to the south and the easterly lines of Tract No. 12955 to the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 959 Zone 1. The
improvements to be maintained include 952,386 sq. ft. of landscaping along portions of Kendal Drive and along portions of Shandin Hills
Drive.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind. The
assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be a proportion of the
total sum of the cost of the maintenance and incidentals within the area of each Zone within the District in relation to the area of each
parcel of land therein as they relate to a single family residential lot.
Based on the City of San Bernardino’s current circulation element of its General Plan, Kendall Drive is designated as a major arterial
street and represents 44% of the total maintenance area; thus 15% of 44% of the total costs of maintenance is deemed to be of general
benefit, and not assessable to the District.
The General Benefit is calculated by taking the area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $122,043.18
Assessment Units 983.03
Fiscal Year 2020-21 Collectible per Unit $124.14
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $196.18 per unit.
8.f
Packet Pg. 245 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
11. MAD No. 962 Page | 10
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 962 was formed in 1984 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 962 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
Maintenance Assessment District 962 consists of two noncontiguous areas. The area to the south’s boundary is the
centerline of Belmont Avenue to the northwest, the westerly line of the City of San Bernardino’s Devil Canyon Water
Reserve on the southeast the southwesterly line of Tract No. 13036 and 10600 on the southwest and the centerline of
Pine Avenue to the northwest.
The area to the north’s boundary is the northwesterly and southerly line of Tract No. 13436 to the northwest and south,
the westerly line of the City of San Bernardino’s Devil Canyon Water Reserve on the east and southeast.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 962. The
improvements to be maintained include a sewer lift station located at the easterly terminus of Christine Street in Tract No. 10600.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind. The
assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be a proportion of the
total sum of the cost of the maintenance and the incidentals within the district in relation to the area of each parcel of land therein as
the relate to a single family residential lot.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $10,599.40
Assessment Units 335
Fiscal Year 2020-21 Collectible per Unit $31.64
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $41.97 per unit.
8.f
Packet Pg. 246 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
12. MAD No. 963 Page | 11
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 963 was formed in 1995 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 963 are shown on the Assessment Diagram located in Appendix B of this Reports and is generally described
as follows:
The centerline of Waterman Avenue on the east, the easterly line of the A.T. & S.F. Railroad right of way on the west,
the southerly line of the San Bernardino County Flood Control Channel to the north and the southerly line of Parcel
Map 7124 and 16379 on the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 963. The
improvements to be maintained include a sewer lift station located in Allen Street approximately 400 feet north of the centerline of Central
Avenue.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind. The
assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be a proportion of the
total sum of the cost of the maintenance and incidentals within the District in relation to the area of each parcel of land therein as they
relate to an average commercial lot.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The City of San Bernardino Housing Authority (APN 0136-401-50-00 and
0136-401-49-00) receives no benefit thus, is not assessable to the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $3,253.00
Assessment Units 25
Fiscal Year 2020-21 Collectible per Unit $130.12
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $130.12 per unit.
8.f
Packet Pg. 247 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
13. MAD No. 968 Page | 12
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 968 was formed in 1985 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 968 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Commercenter Drive West on the west, the centerline of Commercenter Court on the east, the
northerly and southerly line of Tract No. 9418 on the north and south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 968. The
improvements to be maintained include 10,962 sq. ft. of grass turf and 12 ornamental lights in the median strip of Airport Drive between
Commercenter Drive West and Commercenter Court.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind. The
assessment benefit procedure to be followed and the amount to be assessed against each particular parcel will be a proportion of the
total sum of the cost of the maintenance and incidentals within the area in relation to the area of each parcel of land therein.
Based on the City of San Bernardino’s current circulation element of its General Plan, Airport Drive is designated as a collector street
and represents 100% of the total maintenance area; thus 5% of the total costs of maintenance and is deemed to be of general benefit,
and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $4,054.47
Assessment Units 47.31
Fiscal Year 2020-21 Collectible per Unit $85.70
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $85.70 per unit.
8.f
Packet Pg. 248 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
14. MAD No. 974 Page | 13
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 974 was formed in 1986 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 974 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Rialto Avenue to the north, the westerly, southerly and easterly lines of Tract No.13124 on the west,
south and east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 974. The
improvements to be maintained include a 4,500 sq. ft. strip of turf with shrub sections on the south side of Rialto Avenue for entire
distance of the Subdivision.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Rialto Avenue is designated as a major arterial
street and represents 100% of the total maintenance area; thus 15% of the total cost of maintenance is deemed to be of general benefit,
and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $2,742.80
Assessment Units 40
Fiscal Year 2020-21 Collectible per Unit $68.56
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $68.57 per unit.
8.f
Packet Pg. 249 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
15. MAD No. 975 Page | 14
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 975 was formed in 1987 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 975 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The westerly line of Tract No. 13953 and 14938 to the west; the northerly line of Tract No. 14938 and 13490 to the
north; the easterly line of Tract No. 13490, 13160 and Rialto High School to the east and the southerly line of Rialto
High School and Tract No. 13953 to the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 975. The
improvements to be maintained include a 12,250 sq. ft. strip of ground cover on the north side of Mill Street along the boundaries of Tract
No. 13160, on the south side of Mill Street between Pepper Avenue and Eucalyptus Avenue, 15,120 sq. ft. of ground cover along the
west side of Pepper Avenue between Mill Street from a point Approximately 250 feet north of Mill Street and a point approximately 1,900
feet south of Mill Street, 13,300 sq. ft. of ground cover along the east side of Eucalyptus Avenue between Mill Street and a point
approximately 1,900 feet south thereof.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Mill Street and Pepper Avenue are designated
as a major arterial streets and represents 67% of the total maintenance area; thus 15% of 67% of the total costs of maintenance is
deemed to be of general benefit, and not assessable to the District. Eucalyptus is designated as a collector street and represents 33%
of the total maintenance area; thus 5% of 33% of the total costs of maintenance is deemed to be of general benefit, and not assessable
to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15% and 5%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
8.f
Packet Pg. 250 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
15. MAD No. 975 Page | 15
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $8,160.40
Assessment Units 115
Fiscal Year 2020-21 Collectible per Unit $70.94
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $70.96 per unit.
8.f
Packet Pg. 251 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
16. MAD No. 976 Page | 16
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 976 was formed in 1986 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 976 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Walnut Avenue to the west; the centerline of Ohio Avenue and the northwesterly line of Tract No.
13436 to the north; the Metropolitan Water District Property to the east and the southerly line of Tract No. 13036,
13029, 13355, 11843 and 11845 to the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 976. The
improvements to be maintained include 21,360 sq. ft. strip of ground cover with shrubs and trees on the south side of Belmont Avenue,
easterly of Pine Avenue, on both sides of Irvington Avenue, easterly of Pine Avenue, on the west side of Pine Avenue, southerly of
Belmont Avenue, on the east side of Pine Avenue, south of Irvington Avenue, 94,400 sq. ft. strip of turf and trees over the M.W.D. property
lying adjacent to and easterly of Pine Avenue, south of Belmont Avenue. 7,200 sq. ft. of turf in the common area south of Christine Street,
east of Tract No. 13036. 2,200 sq. ft. strip of land behind the parcels of Tract No. 13036 and 13029 south of Christine Street.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Pine Avenue is designated as a secondary
arterial street and represents 85% of the total maintenance area; thus 10% of 85% of the total costs of maintenance is deemed to be
of general benefit, and not assessable to the District. Irvington Avenue and Belmont Avenue is designated as collector streets and
represents 7% of the total maintenance area; thus 5% of 7% of the total costs of maintenance is deemed to be of general benefit, and
not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10% and 5%). The result is the General Benefit of 8.85% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
8.f
Packet Pg. 252 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
16. MAD No. 976 Page | 17
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $39,585.18
Assessment Units 591
Fiscal Year 2020-21 Collectible per Unit $66.98
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $146.43 per unit.
8.f
Packet Pg. 253 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
17. MAD No. 981 Page | 18
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 981 was formed in 1987 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 981 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Meridian Avenue to the west; the northerly line of Tract Nos. 13656 to the north; the easterly line of
Tract Nos. 13389, 13390, 14390 and 13331 to the east and the centerline of Randal Avenue to the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 981. The
improvements to be maintained include 5,940 sq. ft. strip of turf on the east side of Meridian Avenue which adjoins Tract No. 13390 and
Tract No. 12974 together with 19,760 sq. ft. of ground cover in the drainage area north of and adjacent to Pleasant Way and 900 sq. ft.
of bushes along the north side of Randall Avenue.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Meridian Avenue and Randall Avenue are both classified as local streets. Therefore, the maintenance areas are deemed 100% special
benefit and assessable to the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $15,013.38
Assessment Units 246
Fiscal Year 2020-21 Collectible per Unit $61.02
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $61.03 per unit.
8.f
Packet Pg. 254 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
18. MAD No. 982 Page | 19
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 982 was formed in 1987 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 982 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Citrus Street to the south; the westerly line of Tract. Nos. 13329 and 13470 to the west, the northerly
line of Tract No. 13470 to the north, the easterly line of Tract Nos. 13470 and 13329 the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 982. The
improvements to be maintained include 11,326 sq. ft. strip of ground cover on the south side of Piedmont Drive between the east and
west boundaries of Tract No. 13329, and on the north side of Citrus Street, between the east and west boundaries of Tract No. 13329.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Piedmont Drive is designated as a secondary
arterial street and represents 70% of the total maintenance area; thus 10% of 70% of the total costs of maintenance and is deemed to
be of general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10%). The result is the General Benefit of 7% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $9,826.56
Assessment Units 96
Fiscal Year 2020-21 Collectible per Unit $102.36
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $102.36 per unit.
8.f
Packet Pg. 255 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
19. MAD No. 986 Page | 20
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 986 was formed in 1989 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 986 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Rialto Avenue on the north, the easterly line of Tract No. 14235 on the east, the southerly line of Tract
Nos. 13532 and 14235 to the south and the westerly line of Tract No. 13532 to the west.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 986. The
improvements to be maintained include 19,200 sq. ft. strip of ground cover on the south side of Rialto Avenue for the entire distance
within the boundaries of the District together with the maintenance of the required 40,000 sq. ft. of grass turf “retention basin” in Tract
No. 14235.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Rialto Avenue is designated as a major arterial
street and represents 32% of the total maintenance area; thus 15% of 32% of the total costs of maintenance and is deemed to be of
general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit of 4.8% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The Flood Control property (APN 0142-721-38) is non-buildable, thus
receives no benefit and is not assessable to the District. The property that makes up the Retention Basin (APN 0142-731-41, APN
0142-731-42, APN 0142-731-43, APN 0142-731-44 and APN 0142-731-45) receives no benefit therefore may not be assessed to the
District.
8.f
Packet Pg. 256 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
19. MAD No. 986 Page | 21
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $15,815.66
Assessment Units 173
Fiscal Year 2020-21 Collectible per Unit $91.42
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $114.00 per unit.
8.f
Packet Pg. 257 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
20. MAD No. 989 Page | 22
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 989 was formed in 1989 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 989 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Mill Street on the north, the westerly, easterly, and southerly line of Tract No. 13457 on the west, east
and south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 989. The
improvements to be maintained include 7,600 sq. ft. strip of ground cover on the south side of Mill Street for the entire length of Tract No.
13457 together with the maintenance of the sewer lift station located near the south boundary at Macy Street.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. In the case of the sewer lift station, all lots will be served thereby
and will benefit equally in the cost of maintenance thereof. The boundaries of the District are drawn with this in mind and the Resolution
of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence, each
single family residence will be assessed an equal share in the cost of maintenance. (1 residential unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Mill Street is designated as a major arterial
street and represents 100% of the total maintenance area; thus 15% of the total costs of maintenance and is deemed to be of general
benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $11,710.40
Assessment Units 208
Fiscal Year 2020-21 Collectible per Unit $56.30
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $56.30 per unit.
8.f
Packet Pg. 258 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
21. MAD No. 991 Page | 23
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 991 was formed in 1989 to fund the maintenance of various improvements and services within
the boundaries of the district.
Description of District Boundaries
The boundaries of MAD No. 991 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Ohio Avenue and Verdemont Drive to the north; the centerlines of Olive Avenue and Palm Avenue to
the east; the centerline of Ohio Avenue and the southerly line of Tract No. 13530 to the south and the centerline of
Palm Avenue and the westerly line of Tract No. 13530 to the west.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of MAD No. 991. The improvements to be maintained
include 36,600 sq. ft. strip of ground cover on the south side of Verdemont Drive, the north and south sides of Garfield Street, between
Palm Avenue and Olive Avenue, and the north sides of Ohio Avenue, all between Palm Avenue and Olive Avenue.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Ohio Avenue is designated as a collector street
and represents 60% of the total maintenance area; thus 5% of 60% of the total costs of maintenance and is deemed to be of general
benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $26,468.40
Assessment Units 138
Fiscal Year 2020-21 Collectible per Unit $191.80
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $192.76 per unit.
8.f
Packet Pg. 259 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
22. MAD No. 993 Page | 24
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 993 was formed in 1991 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 993 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Rosarita Street and the northerly line of Tract No. 14185 to the north, the easterly line of Tract No.
14184 to the east, the southerly line of Tract Nos. 14185 and 14184 to the south and the easterly line of Tract No.
14185 and the westerly line of the Devil’s Canyon Diversion Channel to the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 993. The
improvements to be maintained include 82,584 sq. ft. of grass turf inside three retention basins in various areas of the District.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
The maintenance areas are in retention basins which are of no benefit to parcels outside of the District. Therefore, the maintenance
areas are deemed 100% special benefit and assessable to the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $24,725.02
Assessment Units 277
Fiscal Year 2020-21 Collectible per Unit $89.26
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $100.06 per unit.
8.f
Packet Pg. 260 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
23. MAD No. 997 Page | 25
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 997 was formed in 1990 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 997 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Ohio Avenue on the northeast, the southeasterly lines of Tract No. 13603 and 13307, the centerline
of Irvington Avenue on the southwest and the centerline of Magnolia Avenue and the northwesterly line of Tract No.
13603 on the northwest.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 997. The
improvements to be maintained include 103,122 sq. ft. of landscaping between Ohio Avenue and Irvington Avenue in the area of the
vacant Chestnut Avenue. The area is covered with ground cover, trees and shrubs except for the walkway area which runs down the
middle of the area which is dirt.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Chestnut Avenue is classified as local street. Therefore, the maintenance area is deemed 100% special benefit and assessable to the
District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $5,639.73
Assessment Units 244.78
Fiscal Year 2020-21 Collectible per Unit $23.04
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $80.33 per unit.
8.f
Packet Pg. 261 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
24. MAD No. 1001 Page | 26
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1001 was formed in 1991 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1001 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Pennsylvania Avenue on the east, the southerly, westerly and northerly line of Tract No. 14118 on
the south, west and north.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1001. The
improvements to be maintained include 3,000 sq. ft. of groundcover on the west side of Pennsylvania Avenue for the entire distance
within the boundaries of the District together with the maintenance of the 52,800 sq. ft. “open space” area (Edison Co. Right of Way)
within Tract No. 14118.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Pennsylvania Avenue is classified as local street. Therefore, the maintenance area is deemed 100% special benefit and assessable
to the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The Edison Co. right of way (APN 0142-751-47), which is a part of the
landscape area, receives no benefit and thus is exempt from assessments. The City of San Bernardino property (APN 0142-751-46) is
vacant land and receives no benefit and therefore is exempt from assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $9,362.89
Assessment Units 46
Fiscal Year 2020-21 Collectible per Unit $203.54
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $624.00 per unit.
8.f
Packet Pg. 262 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
25. MAD No. 1002 Page | 27
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1002 was formed in 1991 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1002 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The westerly lines of Tract Nos. 13554-6 and 13554-7 on the west, the Flood Control bank on the north, the easterly
line of Tract Nos. 13554-1 and 13554-2 on the east, and the southerly line of Tract Nos. 13554-1, 13554-3 and 13554-
7 on the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1002. The
improvements to be maintained include a 6,684 sq. ft. strip of ground cover, shrubs and trees along portions of the east and west sides
of “H” Street and the maintenance of 70 trees only located on the bank of the Flood Control lying north of and adjacent to the north
boundaries of the Tracts.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
“H” Street is classified as local street. Therefore, the maintenance area is deemed 100% special benefit and assessable to the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $4,292.75
Assessment Units 286
Fiscal Year 2020-21 Collectible per Unit $15.00
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $22.00 per unit.
8.f
Packet Pg. 263 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
26. MAD No. 1005 Page | 28
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1005 was formed in 1991 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1005 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Cajon Boulevard on the northeast, the northwesterly lines of Tract No. 14503 and 14503-1 on the
northwest and the southerly line of Tract No. 14503 and 14503-1 to the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1005. The
improvements to be maintained include 30,113 sq. ft. of ground cover along the easterly side of Pepper Linden Drive, the southerly side
of Cajon Boulevard and the southeasterly side of Tract No. 14503-1. 22,370 sq. ft. of turf area in the Retention Basin located in Tract No.
14503 and will be maintain by the District.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Cajon Boulevard is designated as a major arterial
street and represents 46% of the total maintenance area; thus 15% of 46% of the total costs of maintenance and is deemed to be of
general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The Retention Basin property (APN 0262-291-55) receives no benefit from
the maintenance thus it is not assessable to the District
8.f
Packet Pg. 264 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
26. MAD No. 1005 Page | 29
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $20,294.94
Assessment Units 101
Fiscal Year 2020-21 Collectible per Unit $200.94
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $248.00 per unit.
8.f
Packet Pg. 265 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
27. MAD No. 1007 Page | 30
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1007 was formed in 1993 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1007 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Pepper Avenue on the west, the centerline of Meridian Avenue on the east, San Bernardino Flood
Control District property on the south and the southerly lines of Tract No. 12775 and Tract No. 6869 on the north.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1007. The
improvements to be maintained include 4,217 sq. ft. strips of ground cover and trees on the east side of Pepper Avenue and the west
side of Meridian Avenue for the entire distance within the boundaries of the District. Also included is the 18,841 sq. ft. of ground cover
and trees located within the Edison easement in the middle of the District.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Pepper Avenue is designated as a major arterial
street and represents 2% of the total maintenance area; thus 15% of 2% of the total costs of maintenance is deemed to be of general
benefit, and not assessable to the District. Meridian Avenue is designated as a collector street and represents 1% of the total
maintenance area; thus 5% of 1% of the total costs of maintenance is deemed to be of general benefit, and not assessable to the
District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15% and 5%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The San Bernardino Flood Control District properties (APN 0142-181-19
and APN 0142-761-22) receives no benefit and thus exempted from assessment.
8.f
Packet Pg. 266 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
27. MAD No. 1007 Page | 31
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $3,105.97
Assessment Units 58
Fiscal Year 2020-21 Collectible per Unit $53.54
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $91.00 per unit.
8.f
Packet Pg. 267 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
28. MAD No. 1012 Page | 32
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1012 was formed in 1993 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1012 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Poplar Street on the north, the westerly line of Tract No. 15093 to the west, the centerline of Mill
Street to the south and the easterly line of Tract. No. 15093 to the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1012. The
improvements to be maintained include 19,500 sq. ft. of ground cover along the south side of Poplar Street, along the north side of Mill
Street, and the entire length of slope on the east side of the subdivision. The District also includes the maintenance of those areas of
front yards where easements were granted to the City on the map of Tract No. 15093 in case of owner neglect.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Mill Street is designated as a major arterial
street and represents 13% of the total maintenance area; thus 15% of 13% of the total costs of maintenance and is deemed to be of
general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit of 1.95% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $7,201.21
Assessment Units 16
Fiscal Year 2020-21 Collectible per Unit $450.06
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $691.00 per unit.
8.f
Packet Pg. 268 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
29. MAD No. 1016 Page | 33
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1016 was formed in 1995 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1016 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Coulston Street on the south, the centerline of Curtis Street on the west, the northerly boundary of
Tract No. 15573 on the north, and the centerline of Rosena Avenue on the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1016. The
improvements to be maintained include 4,500 sq. ft. of ground cover, shrubbery and one tree along the north side of Coulston Street, the
entire length of Tract No. 15573.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of “open areas”. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. Hence,
each residential unit, be it a single family residence, a condominium or an apartment will be assessed an equal share in the cost of
maintenance (1 residential unit = 1 assessment unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Coulston Street is designated as a second
arterial street and represents 100% of the total maintenance area; thus 10% of the total costs of maintenance and is deemed to be of
general benefit, and not assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $2,802.96
Assessment Units 36
Fiscal Year 2020-21 Collectible per Unit $77.86
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $119.58 per unit.
8.f
Packet Pg. 269 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
4. Assessment Diagrams Page | 34
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
A reduced copy of the Assessment Diagrams are filed herewith, are incorporated by reference in Appendix B herein, and made part of
this Report.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal
year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment
and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount
applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
Information identified on these maps was received from several sources including the owner/developer, City of San Bernardino, and
the San Bernardino County Assessor’s Office.
8.f
Packet Pg. 270 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
5. Assessment Rolls Page | 35
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The actual amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the latest equalized roll at
the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the
County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
8.f
Packet Pg. 271 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
APPENDIX A
Assessment Rolls
8.f
Packet Pg. 272 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP21 - AD 951 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-261-06 $75.02 0266-262-09 $75.02 0266-263-04 $75.02
0266-261-07 $75.02 0266-262-10 $75.02 0266-263-05 $75.02
0266-261-08 $75.02 0266-262-11 $75.02 0266-263-06 $75.02
0266-261-09 $75.02 0266-262-12 $75.02 0266-263-07 $75.02
0266-261-10 $75.02 0266-262-13 $75.02 0266-263-08 $75.02
0266-261-11 $75.02 0266-262-14 $75.02 0266-263-09 $75.02
0266-261-12 $75.02 0266-262-15 $75.02 0266-263-10 $75.02
0266-261-13 $75.02 0266-262-16 $75.02 0266-263-11 $75.02
0266-261-14 $75.02 0266-262-17 $75.02 0266-263-12 $75.02
0266-261-15 $75.02 0266-262-18 $75.02 0266-263-13 $75.02
0266-261-16 $75.02 0266-262-19 $75.02 0266-263-14 $75.02
0266-261-17 $75.02 0266-262-20 $75.02 0266-263-15 $75.02
0266-261-18 $75.02 0266-262-21 $75.02 0266-263-16 $75.02
0266-261-19 $75.02 0266-262-22 $75.02 0266-263-17 $75.02
0266-262-01 $75.02 0266-262-23 $75.02 0266-263-18 $75.02
0266-262-02 $75.02 0266-262-24 $75.02 0266-263-19 $75.02
0266-262-03 $75.02 0266-262-25 $75.02 0266-263-20 $75.02
0266-262-04 $75.02 0266-262-26 $75.02 0266-263-21 $75.02
0266-262-05 $75.02 0266-262-27 $75.02 0266-263-22 $75.02
0266-262-06 $75.02 0266-263-01 $75.02 0266-263-23 $75.02
0266-262-07 $75.02 0266-263-02 $75.02 0266-263-24 $75.02
0266-262-08 $75.02 0266-263-03 $75.02
Totals Parcels 65 Levy $4,876.30
Assessment Roll
8.f
Packet Pg. 273 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP22 - AD 951 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-031-14 $1,712.74 0266-761-44 $29.52 0266-771-32 $29.52
0266-041-01 $88.58 0266-761-45 $29.52 0266-771-33 $29.52
0266-761-01 $29.52 0266-761-46 $29.52 0266-771-34 $29.52
0266-761-02 $29.52 0266-761-47 $29.52 0266-771-35 $29.52
0266-761-03 $29.52 0266-761-48 $29.52 0266-771-36 $29.52
0266-761-04 $29.52 0266-761-49 $29.52 0266-771-37 $29.52
0266-761-06 $29.52 0266-761-50 $29.52 0266-771-38 $29.52
0266-761-07 $29.52 0266-761-51 $29.52 0266-771-39 $29.52
0266-761-08 $29.52 0266-761-52 $29.52 0266-771-40 $29.52
0266-761-09 $29.52 0266-761-53 $29.52 0266-771-41 $29.52
0266-761-10 $29.52 0266-761-54 $29.52 0266-771-42 $29.52
0266-761-11 $29.52 0266-761-55 $29.52 0266-771-43 $29.52
0266-761-12 $29.52 0266-761-56 $29.52 0266-771-44 $29.52
0266-761-13 $29.52 0266-761-57 $29.52 0266-771-45 $29.52
0266-761-14 $29.52 0266-771-02 $29.52 0266-781-01 $29.52
0266-761-15 $29.52 0266-771-03 $29.52 0266-781-02 $29.52
0266-761-16 $29.52 0266-771-04 $29.52 0266-781-03 $29.52
0266-761-17 $29.52 0266-771-05 $29.52 0266-781-04 $29.52
0266-761-18 $29.52 0266-771-06 $29.52 0266-781-05 $29.52
0266-761-19 $29.52 0266-771-07 $29.52 0266-781-06 $29.52
0266-761-20 $29.52 0266-771-08 $29.52 0266-781-07 $29.52
0266-761-21 $29.52 0266-771-09 $29.52 0266-781-08 $29.52
0266-761-22 $29.52 0266-771-10 $29.52 0266-781-09 $29.52
0266-761-23 $29.52 0266-771-11 $29.52 0266-781-10 $29.52
0266-761-25 $29.52 0266-771-12 $29.52 0266-781-11 $29.52
0266-761-26 $29.52 0266-771-14 $29.52 0266-781-12 $29.52
0266-761-27 $29.52 0266-771-15 $29.52 0266-781-13 $29.52
0266-761-28 $29.52 0266-771-16 $29.52 0266-781-14 $29.52
0266-761-29 $29.52 0266-771-17 $29.52 0266-781-15 $29.52
0266-761-30 $29.52 0266-771-18 $29.52 0266-781-16 $29.52
0266-761-31 $29.52 0266-771-19 $29.52 0266-781-17 $29.52
0266-761-32 $29.52 0266-771-20 $29.52 0266-781-18 $29.52
0266-761-33 $29.52 0266-771-21 $29.52 0266-781-19 $29.52
0266-761-34 $29.52 0266-771-22 $29.52 0266-781-20 $29.52
0266-761-35 $29.52 0266-771-23 $29.52 0266-781-21 $29.52
0266-761-36 $29.52 0266-771-24 $29.52 0266-781-22 $29.52
0266-761-37 $29.52 0266-771-25 $29.52 0266-781-23 $29.52
0266-761-38 $29.52 0266-771-26 $29.52 0266-781-24 $29.52
0266-761-39 $29.52 0266-771-27 $29.52 0266-781-25 $29.52
0266-761-40 $29.52 0266-771-28 $29.52 0266-781-26 $29.52
0266-761-41 $29.52 0266-771-29 $29.52 0266-781-27 $29.52
0266-761-42 $29.52 0266-771-30 $29.52 0266-781-28 $29.52
0266-761-43 $29.52 0266-771-31 $29.52 0266-781-29 $29.52
Assessment Roll
8.f
Packet Pg. 274 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP22 - AD 951 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-781-30 $29.52 0266-781-35 $29.52 0266-781-40 $29.52
0266-781-31 $29.52 0266-781-36 $29.52 0266-781-41 $29.52
0266-781-32 $29.52 0266-781-37 $29.52 0266-781-42 $29.52
0266-781-33 $29.52 0266-781-38 $29.52 0266-781-43 $29.52
0266-781-34 $29.52 0266-781-39 $29.52 0266-781-44 $29.52
Totals Parcels 144 Levy $5,993.16
8.f
Packet Pg. 275 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 6 City of San Bernardino
Engineer's Report
CC30 SP23 - AD 952 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-086-01 $35.36 0266-086-45 $35.36 0266-381-20 $35.36
0266-086-02 $35.36 0266-086-46 $35.36 0266-381-21 $35.36
0266-086-03 $35.36 0266-086-47 $35.36 0266-381-22 $35.36
0266-086-04 $35.36 0266-086-48 $35.36 0266-381-23 $35.36
0266-086-05 $35.36 0266-086-49 $35.36 0266-381-24 $35.36
0266-086-06 $35.36 0266-086-50 $35.36 0266-381-25 $35.36
0266-086-08 $35.36 0266-086-51 $35.36 0266-381-26 $35.36
0266-086-09 $35.36 0266-086-52 $35.36 0266-381-27 $35.36
0266-086-10 $35.36 0266-086-53 $35.36 0266-381-28 $35.36
0266-086-11 $35.36 0266-086-54 $35.36 0266-381-29 $35.36
0266-086-12 $35.36 0266-086-55 $35.36 0266-381-30 $35.36
0266-086-13 $35.36 0266-086-56 $35.36 0266-381-31 $35.36
0266-086-14 $35.36 0266-086-57 $35.36 0266-381-32 $35.36
0266-086-15 $35.36 0266-086-58 $35.36 0266-381-33 $35.36
0266-086-16 $35.36 0266-086-59 $35.36 0266-381-34 $35.36
0266-086-17 $35.36 0266-086-60 $35.36 0266-381-35 $35.36
0266-086-18 $35.36 0266-086-61 $35.36 0266-381-36 $35.36
0266-086-19 $35.36 0266-086-62 $35.36 0266-381-37 $35.36
0266-086-20 $35.36 0266-086-66 $35.36 0266-381-38 $35.36
0266-086-21 $35.36 0266-086-67 $35.36 0266-381-39 $35.36
0266-086-22 $35.36 0266-086-68 $35.36 0266-381-40 $35.36
0266-086-23 $35.36 0266-091-29 $5,379.84 0266-391-01 $35.36
0266-086-24 $35.36 0266-101-30 $2,979.60 0266-391-02 $35.36
0266-086-25 $35.36 0266-101-31 $342.80 0266-391-03 $35.36
0266-086-26 $35.36 0266-381-01 $35.36 0266-391-04 $35.36
0266-086-27 $35.36 0266-381-02 $35.36 0266-391-05 $35.36
0266-086-28 $35.36 0266-381-03 $35.36 0266-391-06 $35.36
0266-086-29 $35.36 0266-381-04 $35.36 0266-391-07 $35.36
0266-086-30 $35.36 0266-381-05 $35.36 0266-391-08 $35.36
0266-086-31 $35.36 0266-381-06 $35.36 0266-391-09 $35.36
0266-086-32 $35.36 0266-381-07 $35.36 0266-391-10 $35.36
0266-086-33 $35.36 0266-381-08 $35.36 0266-391-11 $35.36
0266-086-34 $35.36 0266-381-09 $35.36 0266-391-12 $35.36
0266-086-35 $35.36 0266-381-10 $35.36 0266-391-13 $35.36
0266-086-36 $35.36 0266-381-11 $35.36 0266-391-14 $35.36
0266-086-37 $35.36 0266-381-12 $35.36 0266-391-15 $35.36
0266-086-38 $35.36 0266-381-13 $35.36 0266-391-16 $35.36
0266-086-39 $35.36 0266-381-14 $35.36 0266-391-17 $35.36
0266-086-40 $35.36 0266-381-15 $35.36 0266-391-18 $35.36
0266-086-41 $35.36 0266-381-16 $35.36 0266-391-19 $35.36
0266-086-42 $35.36 0266-381-17 $35.36 0266-391-20 $35.36
0266-086-43 $35.36 0266-381-18 $35.36 0266-391-21 $35.36
0266-086-44 $35.36 0266-381-19 $35.36 0266-391-22 $35.36
Assessment Roll
8.f
Packet Pg. 276 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 6 City of San Bernardino
Engineer's Report
CC30 SP23 - AD 952 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-391-23 $35.36 0266-421-21 $35.36 0266-441-20 $35.36
0266-391-24 $35.36 0266-421-22 $35.36 0266-441-21 $35.36
0266-391-25 $35.36 0266-421-23 $35.36 0266-441-22 $35.36
0266-391-26 $35.36 0266-421-24 $35.36 0266-441-23 $35.36
0266-391-27 $35.36 0266-421-25 $35.36 0266-441-24 $35.36
0266-391-28 $35.36 0266-421-26 $35.36 0266-441-25 $35.36
0266-391-29 $35.36 0266-421-27 $35.36 0266-441-26 $35.36
0266-391-30 $35.36 0266-421-28 $35.36 0266-441-27 $35.36
0266-391-31 $35.36 0266-421-29 $35.36 0266-441-28 $35.36
0266-391-32 $35.36 0266-421-30 $35.36 0266-441-29 $35.36
0266-391-33 $35.36 0266-421-31 $35.36 0266-441-30 $35.36
0266-391-34 $35.36 0266-421-32 $35.36 0266-441-31 $35.36
0266-391-35 $35.36 0266-421-33 $35.36 0266-441-32 $35.36
0266-391-36 $35.36 0266-421-34 $35.36 0266-441-33 $35.36
0266-391-37 $35.36 0266-421-35 $35.36 0266-441-34 $35.36
0266-391-38 $35.36 0266-421-36 $35.36 0266-441-35 $35.36
0266-391-39 $35.36 0266-421-37 $35.36 0266-441-36 $35.36
0266-391-40 $35.36 0266-421-38 $35.36 0266-441-37 $35.36
0266-391-41 $35.36 0266-421-39 $35.36 0266-441-38 $35.36
0266-391-42 $35.36 0266-421-40 $35.36 0266-441-39 $35.36
0266-391-43 $35.36 0266-421-41 $35.36 0266-441-40 $35.36
0266-391-44 $35.36 0266-421-42 $35.36 0266-441-41 $35.36
0266-391-45 $35.36 0266-421-43 $35.36 0266-441-42 $35.36
0266-421-01 $35.36 0266-421-44 $35.36 0266-441-43 $35.36
0266-421-02 $35.36 0266-441-01 $35.36 0266-441-44 $35.36
0266-421-03 $35.36 0266-441-02 $35.36 0266-441-45 $35.36
0266-421-04 $35.36 0266-441-03 $35.36 0266-441-46 $35.36
0266-421-05 $35.36 0266-441-04 $35.36 0266-441-47 $35.36
0266-421-06 $35.36 0266-441-05 $35.36 0266-441-48 $35.36
0266-421-07 $35.36 0266-441-06 $35.36 0266-441-49 $35.36
0266-421-08 $35.36 0266-441-07 $35.36 0266-441-50 $35.36
0266-421-09 $35.36 0266-441-08 $35.36 0266-441-51 $35.36
0266-421-10 $35.36 0266-441-09 $35.36 0266-441-52 $35.36
0266-421-11 $35.36 0266-441-10 $35.36 0266-441-53 $35.36
0266-421-12 $35.36 0266-441-11 $35.36 0266-441-54 $35.36
0266-421-13 $35.36 0266-441-12 $35.36 0266-441-55 $35.36
0266-421-14 $35.36 0266-441-13 $35.36 0266-441-56 $35.36
0266-421-15 $35.36 0266-441-14 $35.36 0266-441-57 $35.36
0266-421-16 $35.36 0266-441-15 $35.36 0266-441-58 $35.36
0266-421-17 $35.36 0266-441-16 $35.36 0266-441-59 $35.36
0266-421-18 $35.36 0266-441-17 $35.36 0266-441-60 $35.36
0266-421-19 $35.36 0266-441-18 $35.36 0266-451-01 $35.36
0266-421-20 $35.36 0266-441-19 $35.36 0266-451-14 $35.36
8.f
Packet Pg. 277 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 3 of 6 City of San Bernardino
Engineer's Report
CC30 SP23 - AD 952 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-451-15 $35.36 0266-461-05 $35.36 0266-461-48 $35.36
0266-451-16 $35.36 0266-461-06 $35.36 0266-461-49 $35.36
0266-451-17 $35.36 0266-461-07 $35.36 0266-461-50 $35.36
0266-451-18 $35.36 0266-461-08 $35.36 0266-461-51 $35.36
0266-451-19 $35.36 0266-461-09 $35.36 0266-461-52 $35.36
0266-452-01 $35.36 0266-461-10 $35.36 0266-461-53 $35.36
0266-452-02 $35.36 0266-461-11 $35.36 0266-461-54 $35.36
0266-452-03 $35.36 0266-461-12 $35.36 0266-461-55 $35.36
0266-452-04 $35.36 0266-461-13 $35.36 0266-461-56 $35.36
0266-452-05 $35.36 0266-461-14 $35.36 0266-461-57 $35.36
0266-452-06 $35.36 0266-461-15 $35.36 0266-461-58 $35.36
0266-452-07 $35.36 0266-461-16 $35.36 0266-461-59 $35.36
0266-452-08 $35.36 0266-461-17 $35.36 0266-461-60 $35.36
0266-452-09 $35.36 0266-461-18 $35.36 0266-461-61 $35.36
0266-452-10 $35.36 0266-461-19 $35.36 0266-461-62 $35.36
0266-452-11 $35.36 0266-461-20 $35.36 0266-461-63 $35.36
0266-452-12 $35.36 0266-461-21 $35.36 0266-461-64 $35.36
0266-452-13 $35.36 0266-461-22 $35.36 0266-461-65 $35.36
0266-452-14 $35.36 0266-461-23 $35.36 0266-461-66 $35.36
0266-452-15 $35.36 0266-461-24 $35.36 0266-461-67 $35.36
0266-452-16 $35.36 0266-461-25 $35.36 0266-461-68 $35.36
0266-452-17 $35.36 0266-461-26 $35.36 0266-461-69 $35.36
0266-452-18 $35.36 0266-461-27 $35.36 0266-461-70 $35.36
0266-452-19 $35.36 0266-461-28 $35.36 0266-461-71 $35.36
0266-452-20 $35.36 0266-461-29 $35.36 0266-461-72 $35.36
0266-453-01 $35.36 0266-461-30 $35.36 0266-461-73 $35.36
0266-453-02 $35.36 0266-461-31 $35.36 0266-461-74 $35.36
0266-453-03 $35.36 0266-461-32 $35.36 0266-461-75 $35.36
0266-453-04 $35.36 0266-461-33 $35.36 0266-461-76 $35.36
0266-453-05 $35.36 0266-461-34 $35.36 0266-461-77 $35.36
0266-453-06 $35.36 0266-461-35 $35.36 0266-471-01 $35.36
0266-453-07 $35.36 0266-461-36 $35.36 0266-471-02 $35.36
0266-453-08 $35.36 0266-461-37 $35.36 0266-471-03 $35.36
0266-453-09 $35.36 0266-461-38 $35.36 0266-471-04 $35.36
0266-453-10 $35.36 0266-461-39 $35.36 0266-471-05 $35.36
0266-453-11 $35.36 0266-461-40 $35.36 0266-471-06 $35.36
0266-453-12 $35.36 0266-461-41 $35.36 0266-471-07 $35.36
0266-453-13 $35.36 0266-461-42 $35.36 0266-471-08 $35.36
0266-453-14 $35.36 0266-461-43 $35.36 0266-471-09 $35.36
0266-453-15 $35.36 0266-461-44 $35.36 0266-471-10 $35.36
0266-461-01 $35.36 0266-461-45 $35.36 0266-471-11 $35.36
0266-461-03 $35.36 0266-461-46 $35.36 0266-471-12 $35.36
0266-461-04 $35.36 0266-461-47 $35.36 0266-471-13 $35.36
8.f
Packet Pg. 278 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 4 of 6 City of San Bernardino
Engineer's Report
CC30 SP23 - AD 952 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-471-14 $35.36 0266-471-57 $35.36 0266-481-17 $35.36
0266-471-15 $35.36 0266-471-58 $35.36 0266-481-18 $35.36
0266-471-16 $35.36 0266-471-59 $35.36 0266-481-19 $35.36
0266-471-17 $35.36 0266-471-62 $35.36 0266-481-20 $35.36
0266-471-18 $35.36 0266-471-63 $35.36 0266-481-21 $35.36
0266-471-19 $35.36 0266-471-64 $35.36 0266-481-22 $35.36
0266-471-20 $35.36 0266-471-65 $35.36 0266-481-23 $35.36
0266-471-21 $35.36 0266-471-66 $35.36 0266-481-24 $35.36
0266-471-22 $35.36 0266-471-67 $35.36 0266-481-25 $35.36
0266-471-23 $35.36 0266-471-68 $35.36 0266-481-26 $35.36
0266-471-24 $35.36 0266-471-69 $35.36 0266-481-27 $35.36
0266-471-25 $35.36 0266-471-70 $35.36 0266-481-28 $35.36
0266-471-26 $35.36 0266-471-71 $35.36 0266-481-29 $35.36
0266-471-27 $35.36 0266-471-72 $35.36 0266-481-30 $35.36
0266-471-28 $35.36 0266-471-73 $35.36 0266-481-31 $35.36
0266-471-29 $35.36 0266-471-74 $35.36 0266-481-32 $35.36
0266-471-30 $35.36 0266-471-75 $35.36 0266-481-33 $35.36
0266-471-31 $35.36 0266-471-76 $35.36 0266-481-34 $35.36
0266-471-32 $35.36 0266-471-77 $35.36 0266-491-01 $35.36
0266-471-33 $35.36 0266-471-78 $35.36 0266-491-02 $35.36
0266-471-34 $35.36 0266-471-79 $35.36 0266-491-03 $35.36
0266-471-35 $35.36 0266-471-80 $35.36 0266-491-04 $35.36
0266-471-36 $35.36 0266-471-81 $35.36 0266-491-05 $35.36
0266-471-37 $35.36 0266-471-82 $35.36 0266-491-06 $35.36
0266-471-38 $35.36 0266-471-83 $35.36 0266-491-07 $35.36
0266-471-39 $35.36 0266-471-84 $35.36 0266-491-08 $35.36
0266-471-40 $35.36 0266-471-85 $35.36 0266-491-09 $35.36
0266-471-41 $35.36 0266-481-01 $35.36 0266-491-10 $35.36
0266-471-42 $35.36 0266-481-02 $35.36 0266-491-11 $35.36
0266-471-43 $35.36 0266-481-03 $35.36 0266-491-12 $35.36
0266-471-44 $35.36 0266-481-04 $35.36 0266-491-13 $35.36
0266-471-45 $35.36 0266-481-05 $35.36 0266-491-14 $35.36
0266-471-46 $35.36 0266-481-06 $35.36 0266-491-15 $35.36
0266-471-47 $35.36 0266-481-07 $35.36 0266-491-16 $35.36
0266-471-48 $35.36 0266-481-08 $35.36 0266-491-17 $35.36
0266-471-49 $35.36 0266-481-09 $35.36 0266-491-18 $35.36
0266-471-50 $35.36 0266-481-10 $35.36 0266-491-19 $35.36
0266-471-51 $35.36 0266-481-11 $35.36 0266-491-20 $35.36
0266-471-52 $35.36 0266-481-12 $35.36 0266-491-21 $35.36
0266-471-53 $35.36 0266-481-13 $35.36 0266-491-22 $35.36
0266-471-54 $35.36 0266-481-14 $35.36 0266-491-23 $35.36
0266-471-55 $35.36 0266-481-15 $35.36 0266-491-24 $35.36
0266-471-56 $35.36 0266-481-16 $35.36 0266-491-25 $35.36
8.f
Packet Pg. 279 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 5 of 6 City of San Bernardino
Engineer's Report
CC30 SP23 - AD 952 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-491-26 $35.36 0266-511-25 $35.36 0266-511-68 $35.36
0266-491-27 $35.36 0266-511-26 $35.36 0266-511-69 $35.36
0266-491-28 $35.36 0266-511-27 $35.36 0266-511-70 $35.36
0266-491-29 $35.36 0266-511-28 $35.36 0266-511-71 $35.36
0266-491-30 $35.36 0266-511-29 $35.36 0266-511-72 $35.36
0266-491-31 $35.36 0266-511-30 $35.36 0266-511-73 $35.36
0266-491-32 $35.36 0266-511-31 $35.36 0266-511-74 $35.36
0266-491-33 $35.36 0266-511-32 $35.36 0266-511-75 $35.36
0266-491-34 $35.36 0266-511-33 $35.36 0266-511-76 $35.36
0266-491-35 $35.36 0266-511-34 $35.36 0266-511-77 $35.36
0266-491-36 $35.36 0266-511-35 $35.36 0266-511-78 $35.36
0266-491-37 $35.36 0266-511-36 $35.36 0266-511-79 $35.36
0266-491-38 $35.36 0266-511-37 $35.36 0266-511-80 $35.36
0266-491-39 $35.36 0266-511-38 $35.36 0266-511-81 $35.36
0266-491-40 $35.36 0266-511-39 $35.36 0266-511-82 $35.36
0266-491-41 $35.36 0266-511-40 $35.36 0266-511-83 $35.36
0266-491-42 $35.36 0266-511-41 $35.36 0266-511-84 $35.36
0266-491-43 $35.36 0266-511-42 $35.36 0266-511-85 $35.36
0266-491-44 $35.36 0266-511-43 $35.36 0266-511-86 $35.36
0266-511-01 $35.36 0266-511-44 $35.36 0266-511-87 $35.36
0266-511-02 $35.36 0266-511-45 $35.36 0266-511-88 $35.36
0266-511-03 $35.36 0266-511-46 $35.36 0266-511-89 $35.36
0266-511-04 $35.36 0266-511-47 $35.36 0266-511-90 $35.36
0266-511-05 $35.36 0266-511-48 $35.36 0266-511-91 $35.36
0266-511-06 $35.36 0266-511-49 $35.36 0266-551-01 $35.36
0266-511-07 $35.36 0266-511-50 $35.36 0266-551-02 $35.36
0266-511-08 $35.36 0266-511-51 $35.36 0266-551-03 $35.36
0266-511-09 $35.36 0266-511-52 $35.36 0266-551-04 $35.36
0266-511-10 $35.36 0266-511-53 $35.36 0266-551-05 $35.36
0266-511-11 $35.36 0266-511-54 $35.36 0266-551-06 $35.36
0266-511-12 $35.36 0266-511-55 $35.36 0266-551-07 $35.36
0266-511-13 $35.36 0266-511-56 $35.36 0266-551-08 $35.36
0266-511-14 $35.36 0266-511-57 $35.36 0266-551-09 $35.36
0266-511-15 $35.36 0266-511-58 $35.36 0266-551-10 $35.36
0266-511-16 $35.36 0266-511-59 $35.36 0266-551-11 $35.36
0266-511-17 $35.36 0266-511-60 $35.36 0266-551-12 $35.36
0266-511-18 $35.36 0266-511-61 $35.36 0266-551-13 $35.36
0266-511-19 $35.36 0266-511-62 $35.36 0266-551-14 $35.36
0266-511-20 $35.36 0266-511-63 $35.36 0266-551-15 $35.36
0266-511-21 $35.36 0266-511-64 $35.36 0266-551-16 $35.36
0266-511-22 $35.36 0266-511-65 $35.36 0266-551-17 $35.36
0266-511-23 $35.36 0266-511-66 $35.36 0266-551-18 $35.36
0266-511-24 $35.36 0266-511-67 $35.36 0266-551-19 $35.36
8.f
Packet Pg. 280 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 6 of 6 City of San Bernardino
Engineer's Report
CC30 SP23 - AD 952 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-551-20 $35.36 0266-551-38 $35.36 0266-561-27 $268.70
0266-551-21 $35.36 0266-551-39 $35.36 0266-591-01 $3,009.34
0266-551-22 $35.36 0266-551-40 $35.36 0266-591-02 $2,573.42
0266-551-23 $35.36 0266-551-41 $35.36 0266-591-03 $3,007.90
0266-551-24 $35.36 0266-551-42 $35.36 0266-591-05 $387.54
0266-551-25 $35.36 0266-551-43 $35.36 0266-591-07 $35.36
0266-551-26 $35.36 0266-551-44 $35.36 0266-591-09 $175.52
0266-551-27 $35.36 0266-551-45 $35.36 0266-591-10 $281.30
0266-551-28 $35.36 0266-551-46 $35.36 0266-591-11 $1,042.24
0266-551-29 $35.36 0266-551-47 $35.36 0266-591-12 $201.54
0266-551-30 $35.36 0266-561-19 $289.40 0266-591-13 $178.80
0266-551-31 $35.36 0266-561-20 $146.84 0266-591-16 $188.90
0266-551-32 $35.36 0266-561-21 $200.68 0266-591-17 $270.74
0266-551-33 $35.36 0266-561-22 $187.00 0266-591-18 $317.58
0266-551-34 $35.36 0266-561-23 $204.14 0266-591-20 $139.52
0266-551-35 $35.36 0266-561-24 $190.88 0266-591-21 $613.70
0266-551-36 $35.36 0266-561-25 $176.78
0266-551-37 $35.36 0266-561-26 $217.52
Totals Parcels 697 Levy $46,698.78
8.f
Packet Pg. 281 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 6 City of San Bernardino
Engineer's Report
CC30 SP24 - AD 952 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-115-17 $7,079.92 0266-123-47 $16.14 0266-124-18 $15.86
0266-123-05 $16.14 0266-123-48 $16.14 0266-124-19 $15.86
0266-123-06 $16.14 0266-123-49 $16.38 0266-124-20 $15.86
0266-123-07 $16.14 0266-123-50 $16.38 0266-124-21 $15.86
0266-123-08 $16.14 0266-123-51 $16.38 0266-124-22 $15.86
0266-123-09 $16.14 0266-123-52 $16.38 0266-124-23 $15.86
0266-123-10 $16.14 0266-123-53 $16.38 0266-124-24 $15.86
0266-123-11 $16.14 0266-123-54 $16.38 0266-124-25 $15.86
0266-123-12 $16.14 0266-123-55 $16.38 0266-124-26 $15.86
0266-123-13 $16.14 0266-123-56 $16.38 0266-124-27 $15.86
0266-123-14 $16.14 0266-123-57 $16.14 0266-124-28 $15.86
0266-123-15 $16.14 0266-123-58 $16.14 0266-124-29 $16.14
0266-123-16 $16.14 0266-123-59 $16.14 0266-124-30 $16.14
0266-123-17 $16.14 0266-123-60 $16.14 0266-124-31 $16.14
0266-123-18 $16.14 0266-123-61 $16.14 0266-124-32 $16.14
0266-123-19 $16.14 0266-123-62 $16.14 0266-124-33 $16.14
0266-123-20 $16.14 0266-123-63 $16.14 0266-124-34 $16.14
0266-123-21 $15.86 0266-123-64 $16.14 0266-124-35 $16.14
0266-123-22 $15.86 0266-123-65 $16.14 0266-124-36 $16.14
0266-123-23 $15.86 0266-123-66 $16.14 0266-124-37 $16.14
0266-123-24 $15.86 0266-123-67 $16.14 0266-124-38 $16.14
0266-123-25 $15.86 0266-123-68 $16.14 0266-124-39 $16.14
0266-123-26 $15.86 0266-123-69 $16.14 0266-124-40 $16.14
0266-123-27 $15.86 0266-123-70 $16.14 0266-124-41 $16.14
0266-123-28 $15.86 0266-123-71 $16.14 0266-124-42 $16.14
0266-123-29 $15.86 0266-123-72 $16.14 0266-124-43 $16.14
0266-123-30 $15.86 0266-124-01 $16.14 0266-124-44 $16.14
0266-123-31 $15.86 0266-124-02 $16.14 0266-124-45 $15.80
0266-123-32 $15.86 0266-124-03 $16.14 0266-124-46 $15.80
0266-123-33 $16.14 0266-124-04 $16.14 0266-124-47 $15.80
0266-123-34 $16.14 0266-124-05 $16.14 0266-124-48 $15.80
0266-123-35 $16.14 0266-124-06 $16.14 0266-124-49 $15.80
0266-123-36 $16.14 0266-124-07 $16.14 0266-124-50 $15.80
0266-123-37 $16.14 0266-124-08 $16.14 0266-124-51 $15.80
0266-123-38 $16.14 0266-124-09 $16.14 0266-124-52 $15.80
0266-123-39 $16.14 0266-124-10 $16.14 0266-124-53 $15.80
0266-123-40 $16.14 0266-124-11 $16.14 0266-124-54 $15.80
0266-123-41 $16.14 0266-124-12 $16.14 0266-124-55 $15.80
0266-123-42 $16.14 0266-124-13 $16.14 0266-124-56 $15.80
0266-123-43 $16.14 0266-124-14 $16.14 0266-124-57 $15.80
0266-123-44 $16.14 0266-124-15 $16.14 0266-124-58 $15.80
0266-123-45 $16.14 0266-124-16 $16.14 0266-124-59 $15.80
0266-123-46 $16.14 0266-124-17 $15.86 0266-124-60 $15.80
Assessment Roll
8.f
Packet Pg. 282 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 6 City of San Bernardino
Engineer's Report
CC30 SP24 - AD 952 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-124-61 $15.86 0266-125-32 $15.86 0266-281-02 $56.74
0266-124-62 $15.86 0266-125-33 $15.86 0266-281-03 $56.74
0266-124-63 $15.86 0266-125-34 $15.86 0266-281-04 $56.74
0266-124-64 $15.86 0266-125-35 $15.86 0266-281-05 $56.74
0266-124-65 $15.86 0266-125-36 $15.86 0266-281-06 $56.74
0266-124-66 $15.86 0266-125-37 $15.76 0266-281-07 $56.74
0266-124-67 $15.86 0266-125-38 $15.76 0266-281-08 $56.74
0266-124-68 $15.86 0266-125-39 $15.76 0266-281-09 $56.74
0266-124-69 $15.86 0266-125-40 $15.76 0266-281-10 $56.74
0266-124-70 $15.86 0266-125-41 $15.76 0266-281-11 $56.74
0266-124-71 $15.86 0266-125-42 $15.76 0266-281-12 $56.74
0266-124-72 $15.86 0266-125-43 $15.76 0266-281-13 $56.74
0266-125-01 $15.86 0266-125-44 $15.76 0266-281-14 $56.74
0266-125-02 $15.86 0266-125-45 $15.76 0266-281-15 $56.74
0266-125-03 $15.86 0266-125-46 $15.76 0266-281-16 $56.74
0266-125-04 $15.86 0266-125-47 $15.76 0266-281-17 $56.74
0266-125-05 $15.86 0266-125-48 $15.76 0266-281-18 $56.74
0266-125-06 $15.86 0266-125-49 $16.16 0266-332-01 $56.74
0266-125-07 $15.86 0266-125-50 $16.16 0266-332-02 $56.74
0266-125-08 $15.86 0266-125-51 $16.16 0266-332-03 $56.74
0266-125-09 $15.86 0266-125-52 $16.16 0266-332-04 $56.74
0266-125-10 $15.86 0266-125-53 $16.16 0266-332-05 $56.74
0266-125-11 $15.86 0266-125-54 $16.16 0266-332-06 $56.74
0266-125-12 $15.86 0266-125-55 $16.16 0266-332-07 $56.74
0266-125-13 $16.16 0266-125-56 $16.16 0266-332-08 $56.74
0266-125-14 $16.16 0266-125-57 $16.16 0266-332-09 $56.74
0266-125-15 $16.16 0266-125-58 $16.16 0266-332-10 $56.74
0266-125-16 $16.16 0266-125-59 $16.16 0266-332-11 $56.74
0266-125-17 $16.16 0266-125-60 $16.16 0266-332-12 $56.74
0266-125-18 $16.16 0266-125-61 $16.16 0266-332-13 $56.74
0266-125-19 $16.16 0266-125-62 $16.16 0266-332-14 $56.74
0266-125-20 $16.16 0266-125-63 $16.16 0266-332-15 $56.74
0266-125-21 $16.16 0266-125-64 $16.16 0266-332-16 $56.74
0266-125-22 $16.16 0266-125-65 $16.16 0266-332-17 $56.74
0266-125-23 $16.16 0266-125-66 $16.16 0266-332-18 $56.74
0266-125-24 $16.16 0266-125-67 $16.16 0266-332-19 $56.74
0266-125-25 $15.86 0266-125-68 $16.16 0266-332-20 $56.74
0266-125-26 $15.86 0266-125-69 $16.16 0266-332-21 $56.74
0266-125-27 $15.86 0266-125-70 $16.16 0266-332-22 $56.74
0266-125-28 $15.86 0266-125-71 $16.16 0266-332-23 $56.74
0266-125-29 $15.86 0266-125-72 $16.16 0266-332-24 $56.74
0266-125-30 $15.86 0266-131-23 $3,955.92 0266-332-25 $56.74
0266-125-31 $15.86 0266-281-01 $56.74 0266-332-28 $56.74
8.f
Packet Pg. 283 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 3 of 6 City of San Bernardino
Engineer's Report
CC30 SP24 - AD 952 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-332-29 $56.74 0266-401-22 $30.36 0266-401-72 $25.32
0266-332-30 $56.74 0266-401-23 $30.38 0266-401-73 $25.32
0266-332-31 $56.74 0266-401-24 $30.38 0266-401-74 $25.32
0266-332-32 $56.74 0266-401-25 $30.36 0266-401-75 $25.32
0266-332-33 $56.74 0266-401-26 $28.86 0266-401-76 $25.32
0266-332-34 $56.74 0266-401-27 $28.86 0266-401-77 $25.32
0266-332-35 $56.74 0266-401-28 $28.86 0266-401-78 $25.32
0266-332-36 $56.74 0266-401-29 $28.86 0266-401-79 $25.32
0266-332-37 $56.74 0266-401-30 $28.86 0266-401-80 $25.32
0266-332-38 $56.74 0266-401-31 $29.02 0266-401-81 $25.32
0266-332-39 $56.74 0266-401-32 $29.02 0266-401-82 $22.22
0266-332-40 $56.74 0266-401-33 $29.02 0266-401-83 $22.22
0266-332-41 $56.74 0266-401-34 $28.04 0266-401-84 $22.22
0266-332-42 $56.74 0266-401-35 $28.04 0266-401-85 $22.22
0266-332-43 $56.74 0266-401-36 $28.04 0266-401-86 $22.22
0266-332-44 $56.74 0266-401-37 $28.04 0266-401-87 $22.22
0266-332-45 $56.74 0266-401-38 $28.04 0266-401-88 $22.36
0266-332-46 $56.74 0266-401-39 $28.04 0266-401-89 $22.36
0266-332-47 $56.74 0266-401-40 $28.62 0266-401-90 $22.36
0266-332-48 $56.74 0266-401-41 $28.62 0266-401-91 $22.36
0266-332-49 $56.74 0266-401-42 $28.62 0266-401-92 $22.36
0266-332-50 $56.74 0266-401-43 $28.86 0266-401-93 $22.36
0266-332-51 $56.74 0266-401-44 $28.86 0266-401-94 $22.82
0266-332-52 $56.74 0266-401-45 $28.86 0266-401-95 $22.80
0266-332-53 $56.74 0266-401-46 $28.86 0266-401-96 $22.80
0266-332-54 $56.74 0266-401-47 $28.86 0266-402-01 $23.12
0266-401-05 $25.16 0266-401-48 $28.04 0266-402-02 $23.12
0266-401-06 $25.16 0266-401-49 $28.04 0266-402-03 $23.12
0266-401-07 $25.16 0266-401-50 $28.04 0266-402-04 $23.12
0266-401-08 $26.50 0266-401-51 $28.04 0266-402-05 $23.12
0266-401-09 $26.50 0266-401-52 $28.04 0266-402-06 $23.12
0266-401-10 $26.50 0266-401-53 $28.04 0266-402-07 $23.12
0266-401-11 $26.50 0266-401-54 $27.58 0266-402-08 $23.12
0266-401-12 $29.78 0266-401-55 $27.36 0266-402-09 $23.12
0266-401-13 $29.78 0266-401-56 $27.46 0266-402-10 $23.12
0266-401-14 $29.78 0266-401-64 $22.64 0266-402-13 $23.12
0266-401-15 $29.78 0266-401-65 $22.64 0266-402-14 $23.12
0266-401-16 $25.86 0266-401-66 $22.64 0266-402-15 $23.12
0266-401-17 $25.86 0266-401-67 $22.70 0266-402-16 $23.12
0266-401-18 $25.86 0266-401-68 $22.70 0266-402-17 $23.12
0266-401-19 $25.86 0266-401-69 $22.70 0266-402-18 $23.12
0266-401-20 $25.86 0266-401-70 $25.32 0266-402-19 $23.12
0266-401-21 $25.86 0266-401-71 $25.32 0266-402-20 $23.12
8.f
Packet Pg. 284 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 4 of 6 City of San Bernardino
Engineer's Report
CC30 SP24 - AD 952 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-402-21 $23.12 0266-501-21 $56.74 0266-503-20 $56.74
0266-402-22 $23.12 0266-501-22 $56.74 0266-503-21 $56.74
0266-402-23 $23.12 0266-501-23 $56.74 0266-503-22 $56.74
0266-402-24 $23.12 0266-501-24 $56.74 0266-503-23 $56.74
0266-402-25 $23.12 0266-501-25 $56.74 0266-503-24 $56.74
0266-402-26 $23.12 0266-501-26 $56.74 0266-503-25 $56.74
0266-402-27 $23.12 0266-501-27 $56.74 0266-503-26 $56.74
0266-402-28 $22.78 0266-501-28 $56.74 0266-503-27 $56.74
0266-402-29 $22.78 0266-501-29 $56.74 0266-503-28 $56.74
0266-402-30 $22.78 0266-501-30 $56.74 0266-503-29 $56.74
0266-402-31 $23.62 0266-501-31 $56.74 0266-503-30 $56.74
0266-402-32 $23.62 0266-501-32 $56.74 0266-503-31 $56.74
0266-402-33 $23.62 0266-501-33 $56.74 0266-503-32 $56.74
0266-402-34 $23.62 0266-501-34 $56.74 0266-503-33 $56.74
0266-402-35 $23.62 0266-501-35 $56.74 0266-503-34 $56.74
0266-402-36 $23.62 0266-501-36 $56.74 0266-503-35 $56.74
0266-402-37 $23.62 0266-501-37 $56.74 0266-503-36 $56.74
0266-402-38 $23.62 0266-501-38 $56.74 0266-503-37 $56.74
0266-402-39 $56.74 0266-501-39 $56.74 0266-503-41 $56.74
0266-402-40 $56.74 0266-501-40 $56.74 0266-503-42 $56.74
0266-402-41 $56.74 0266-501-41 $56.74 0266-503-43 $56.74
0266-402-42 $56.74 0266-501-42 $56.74 0266-503-44 $56.74
0266-402-43 $56.74 0266-501-43 $56.74 0266-503-47 $56.74
0266-501-01 $56.74 0266-501-44 $56.74 0266-503-48 $56.74
0266-501-02 $56.74 0266-503-01 $56.74 0266-503-49 $56.74
0266-501-03 $56.74 0266-503-02 $56.74 0266-503-50 $56.74
0266-501-04 $56.74 0266-503-03 $56.74 0266-503-51 $56.74
0266-501-05 $56.74 0266-503-04 $56.74 0266-503-52 $56.74
0266-501-06 $56.74 0266-503-05 $56.74 0266-503-53 $56.74
0266-501-07 $56.74 0266-503-06 $56.74 0266-503-54 $56.74
0266-501-08 $56.74 0266-503-07 $56.74 0266-503-55 $56.74
0266-501-09 $56.74 0266-503-08 $56.74 0266-503-56 $56.74
0266-501-10 $56.74 0266-503-09 $56.74 0266-503-57 $56.74
0266-501-11 $56.74 0266-503-10 $56.74 0266-503-58 $56.74
0266-501-12 $56.74 0266-503-11 $56.74 0266-503-59 $56.74
0266-501-13 $56.74 0266-503-12 $56.74 0266-503-60 $56.74
0266-501-14 $56.74 0266-503-13 $56.74 0266-503-61 $56.74
0266-501-15 $56.74 0266-503-14 $56.74 0266-503-62 $56.74
0266-501-16 $56.74 0266-503-15 $56.74 0266-503-63 $56.74
0266-501-17 $56.74 0266-503-16 $56.74 0266-503-64 $56.74
0266-501-18 $56.74 0266-503-17 $56.74 0266-503-65 $56.74
0266-501-19 $56.74 0266-503-18 $56.74 0266-503-66 $56.74
0266-501-20 $56.74 0266-503-19 $56.74 0266-503-67 $56.74
8.f
Packet Pg. 285 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 5 of 6 City of San Bernardino
Engineer's Report
CC30 SP24 - AD 952 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-503-68 $56.74 0266-531-45 $56.74 0266-541-50 $56.74
0266-531-01 $36.24 0266-531-46 $56.74 0266-541-51 $56.74
0266-531-02 $42.10 0266-531-47 $56.74 0266-541-52 $56.74
0266-531-03 $35.08 0266-531-48 $56.74 0266-541-53 $56.74
0266-531-04 $39.24 0266-531-49 $56.74 0266-541-54 $56.74
0266-531-05 $40.96 0266-531-50 $56.74 0266-541-55 $56.74
0266-531-06 $35.12 0266-531-51 $56.74 0266-541-56 $56.74
0266-531-07 $39.82 0266-531-52 $56.74 0266-541-57 $56.74
0266-531-08 $35.14 0266-531-53 $56.74 0266-541-58 $56.74
0266-531-09 $35.14 0266-531-54 $56.74 0266-541-59 $56.74
0266-531-10 $39.82 0266-541-17 $56.74 0266-541-60 $56.74
0266-531-11 $35.14 0266-541-18 $56.74 0266-541-61 $56.74
0266-531-12 $42.44 0266-541-19 $56.74 0266-541-62 $56.74
0266-531-13 $34.02 0266-541-20 $56.74 0266-541-63 $56.74
0266-531-14 $36.28 0266-541-21 $56.74 0266-541-64 $56.74
0266-531-15 $45.92 0266-541-22 $56.74 0266-541-65 $56.74
0266-531-16 $42.82 0266-541-23 $56.74 0266-541-66 $56.74
0266-531-17 $36.32 0266-541-24 $56.74 0266-571-01 $9,948.20
0266-531-18 $44.12 0266-541-25 $56.74 0266-581-01 $56.74
0266-531-19 $44.30 0266-541-26 $56.74 0266-581-02 $56.74
0266-531-20 $48.28 0266-541-27 $56.74 0266-581-03 $56.74
0266-531-21 $47.00 0266-541-28 $56.74 0266-581-04 $56.74
0266-531-22 $44.40 0266-541-29 $56.74 0266-581-05 $56.74
0266-531-23 $39.16 0266-541-30 $56.74 0266-581-06 $56.74
0266-531-24 $47.00 0266-541-31 $56.74 0266-581-07 $56.74
0266-531-25 $44.40 0266-541-32 $56.74 0266-581-08 $56.74
0266-531-26 $39.18 0266-541-33 $56.74 0266-581-09 $56.74
0266-531-27 $44.40 0266-541-34 $56.74 0266-581-10 $56.74
0266-531-28 $39.18 0266-541-35 $56.74 0266-581-11 $56.74
0266-531-29 $49.62 0266-541-36 $56.74 0266-581-12 $56.74
0266-531-30 $41.78 0266-541-37 $56.74 0266-581-13 $56.74
0266-531-31 $39.16 0266-541-38 $56.74 0266-581-14 $56.74
0266-531-32 $47.04 0266-541-39 $56.74 0266-581-15 $56.74
0266-531-33 $51.78 0266-541-40 $56.74 0266-581-16 $56.74
0266-531-34 $47.30 0266-541-41 $56.74 0266-581-17 $56.74
0266-531-35 $51.34 0266-541-42 $56.74 0266-581-18 $56.74
0266-531-36 $46.44 0266-541-43 $56.74 0266-581-19 $56.74
0266-531-37 $45.02 0266-541-44 $56.74 0266-581-20 $56.74
0266-531-38 $45.86 0266-541-45 $56.74 0266-581-21 $56.74
0266-531-39 $45.30 0266-541-46 $56.74 0266-581-22 $56.74
0266-531-40 $42.70 0266-541-47 $56.74 0266-581-23 $56.74
0266-531-41 $56.74 0266-541-48 $56.74 0266-581-24 $56.74
0266-531-44 $56.74 0266-541-49 $56.74 0266-581-25 $56.74
8.f
Packet Pg. 286 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 6 of 6 City of San Bernardino
Engineer's Report
CC30 SP24 - AD 952 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-581-26 $56.74 0266-581-37 $56.74 0266-581-47 $56.74
0266-581-27 $56.74 0266-581-38 $56.74 0266-581-48 $56.74
0266-581-28 $56.74 0266-581-39 $56.74 0266-581-49 $56.74
0266-581-30 $56.74 0266-581-40 $56.74 0266-581-50 $56.74
0266-581-31 $56.74 0266-581-41 $56.74 0266-581-51 $56.74
0266-581-32 $56.74 0266-581-42 $56.74 0266-581-52 $56.74
0266-581-33 $56.74 0266-581-43 $56.74 0266-581-53 $56.74
0266-581-34 $56.74 0266-581-44 $56.74 0266-601-01 $3,799.30
0266-581-35 $56.74 0266-581-45 $56.74 0266-601-02 $2,651.70
0266-581-36 $56.74 0266-581-46 $56.74 0266-611-01 $3,251.18
Totals Parcels 675 Levy $55,633.84
8.f
Packet Pg. 287 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP43 - AD 952 Zone 2A
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-503-01 $100.06 0266-503-33 $100.06 0266-541-37 $100.06
0266-503-02 $100.06 0266-503-34 $100.06 0266-541-38 $100.06
0266-503-03 $100.06 0266-503-35 $100.06 0266-541-39 $100.06
0266-503-04 $100.06 0266-503-36 $100.06 0266-541-40 $100.06
0266-503-05 $100.06 0266-503-37 $100.06 0266-541-41 $100.06
0266-503-06 $100.06 0266-503-41 $100.06 0266-541-42 $100.06
0266-503-07 $100.06 0266-503-42 $100.06 0266-541-43 $100.06
0266-503-08 $100.06 0266-503-43 $100.06 0266-541-44 $100.06
0266-503-09 $100.06 0266-503-44 $100.06 0266-541-45 $100.06
0266-503-10 $100.06 0266-503-47 $100.06 0266-541-46 $100.06
0266-503-11 $100.06 0266-503-48 $100.06 0266-541-47 $100.06
0266-503-12 $100.06 0266-503-49 $100.06 0266-541-48 $100.06
0266-503-13 $100.06 0266-541-17 $100.06 0266-541-49 $100.06
0266-503-14 $100.06 0266-541-18 $100.06 0266-541-50 $100.06
0266-503-15 $100.06 0266-541-19 $100.06 0266-541-51 $100.06
0266-503-16 $100.06 0266-541-20 $100.06 0266-541-52 $100.06
0266-503-17 $100.06 0266-541-21 $100.06 0266-541-53 $100.06
0266-503-18 $100.06 0266-541-22 $100.06 0266-541-54 $100.06
0266-503-19 $100.06 0266-541-23 $100.06 0266-541-55 $100.06
0266-503-20 $100.06 0266-541-24 $100.06 0266-541-56 $100.06
0266-503-21 $100.06 0266-541-25 $100.06 0266-541-57 $100.06
0266-503-22 $100.06 0266-541-26 $100.06 0266-541-58 $100.06
0266-503-23 $100.06 0266-541-27 $100.06 0266-541-59 $100.06
0266-503-24 $100.06 0266-541-28 $100.06 0266-541-60 $100.06
0266-503-25 $100.06 0266-541-29 $100.06 0266-541-61 $100.06
0266-503-26 $100.06 0266-541-30 $100.06 0266-541-62 $100.06
0266-503-27 $100.06 0266-541-31 $100.06 0266-541-63 $100.06
0266-503-28 $100.06 0266-541-32 $100.06 0266-541-64 $100.06
0266-503-29 $100.06 0266-541-33 $100.06 0266-541-65 $100.06
0266-503-30 $100.06 0266-541-34 $100.06 0266-541-66 $100.06
0266-503-31 $100.06 0266-541-35 $100.06
0266-503-32 $100.06 0266-541-36 $100.06
Totals Parcels 94 Levy $9,405.64
Assessment Roll
8.f
Packet Pg. 288 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP25 - AD 952 Zone 3
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0154-532-01 $81.36 0154-532-44 $81.36 0154-751-14 $81.36
0154-532-02 $81.36 0154-532-45 $81.36 0154-751-15 $81.36
0154-532-03 $81.36 0154-532-46 $81.36 0154-751-16 $81.36
0154-532-04 $81.36 0154-532-47 $81.36 0154-751-17 $81.36
0154-532-05 $81.36 0154-532-48 $81.36 0154-751-18 $81.36
0154-532-06 $81.36 0154-532-49 $81.36 0154-751-19 $81.36
0154-532-07 $81.36 0154-532-50 $81.36 0154-751-20 $81.36
0154-532-08 $81.36 0154-532-51 $81.36 0154-751-21 $81.36
0154-532-09 $81.36 0154-532-52 $81.36 0154-751-22 $81.36
0154-532-10 $81.36 0154-532-53 $81.36 0154-751-23 $81.36
0154-532-11 $81.36 0154-532-54 $81.36 0154-751-24 $81.36
0154-532-12 $81.36 0154-532-55 $81.36 0154-751-25 $81.36
0154-532-13 $81.36 0154-532-56 $81.36 0154-751-26 $81.36
0154-532-14 $81.36 0154-532-57 $81.36 0154-751-27 $81.36
0154-532-15 $81.36 0154-532-58 $81.36 0154-751-28 $81.36
0154-532-16 $81.36 0154-532-59 $81.36 0154-751-29 $81.36
0154-532-17 $81.36 0154-532-60 $81.36 0154-751-30 $81.36
0154-532-18 $81.36 0154-532-61 $81.36 0154-751-31 $81.36
0154-532-19 $81.36 0154-532-62 $81.36 0154-751-32 $81.36
0154-532-20 $81.36 0154-532-63 $81.36 0154-751-33 $81.36
0154-532-21 $81.36 0154-532-64 $81.36 0154-751-34 $81.36
0154-532-22 $81.36 0154-532-65 $81.36 0154-751-35 $81.36
0154-532-23 $81.36 0154-532-66 $81.36 0154-751-36 $81.36
0154-532-24 $81.36 0154-532-67 $81.36 0154-751-37 $81.36
0154-532-25 $81.36 0154-532-68 $81.36 0154-751-38 $81.36
0154-532-26 $81.36 0154-532-69 $81.36 0154-751-39 $81.36
0154-532-27 $81.36 0154-532-70 $81.36 0154-751-40 $81.36
0154-532-28 $81.36 0154-532-71 $81.36 0154-751-41 $81.36
0154-532-29 $81.36 0154-532-72 $81.36 0154-751-42 $81.36
0154-532-30 $81.36 0154-532-73 $81.36 0154-751-43 $81.36
0154-532-31 $81.36 0154-532-74 $81.36 0154-751-44 $81.36
0154-532-32 $81.36 0154-532-75 $81.36 0154-751-45 $81.36
0154-532-33 $81.36 0154-532-76 $81.36 0154-751-46 $81.36
0154-532-34 $81.36 0154-532-77 $81.36 0154-751-47 $81.36
0154-532-35 $81.36 0154-532-78 $81.36 0154-751-48 $81.36
0154-532-36 $81.36 0154-532-79 $81.36 0154-751-49 $81.36
0154-532-37 $81.36 0154-532-80 $81.36 0154-751-50 $81.36
0154-532-38 $81.36 0154-532-81 $81.36 0154-751-51 $81.36
0154-532-39 $81.36 0154-532-82 $81.36 0154-751-52 $81.36
0154-532-40 $81.36 0154-532-83 $81.36 0154-751-53 $81.36
0154-532-41 $81.36 0154-532-84 $81.36 0154-751-54 $81.36
0154-532-42 $81.36 0154-532-85 $81.36 0154-751-55 $81.36
0154-532-43 $81.36 0154-532-86 $81.36 0154-751-56 $81.36
Assessment Roll
8.f
Packet Pg. 289 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP25 - AD 952 Zone 3
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0154-751-57 $81.36 0154-751-67 $81.36 0154-751-77 $81.36
0154-751-58 $81.36 0154-751-68 $81.36 0154-751-78 $81.36
0154-751-59 $81.36 0154-751-69 $81.36 0154-751-79 $81.36
0154-751-60 $81.36 0154-751-70 $81.36 0154-751-80 $81.36
0154-751-61 $81.36 0154-751-71 $81.36 0154-751-81 $81.36
0154-751-62 $81.36 0154-751-72 $81.36 0154-751-82 $81.36
0154-751-63 $81.36 0154-751-73 $81.36 0154-751-83 $81.36
0154-751-64 $81.36 0154-751-74 $81.36 0154-751-84 $81.36
0154-751-65 $81.36 0154-751-75 $81.36 0154-751-85 $81.36
0154-751-66 $81.36 0154-751-76 $81.36
Totals Parcels 158 Levy $12,854.88
8.f
Packet Pg. 290 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP06 - AD 953
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0269-162-01 $35.78 0269-162-44 $35.78 0269-351-36 $35.78
0269-162-02 $35.78 0269-162-45 $35.78 0269-351-37 $35.78
0269-162-03 $35.78 0269-162-46 $35.78 0269-351-38 $35.78
0269-162-04 $35.78 0269-162-47 $35.78 0269-351-39 $35.78
0269-162-05 $35.78 0269-162-48 $35.78 0269-351-40 $35.78
0269-162-06 $35.78 0269-162-49 $35.78 0269-351-41 $35.78
0269-162-07 $35.78 0269-162-50 $35.78 0269-351-42 $35.78
0269-162-08 $35.78 0269-162-51 $35.78 0269-351-43 $35.78
0269-162-09 $35.78 0269-162-55 $35.78 0269-351-44 $35.78
0269-162-10 $35.78 0269-162-56 $35.78 0269-351-45 $35.78
0269-162-11 $35.78 0269-162-57 $35.78 0269-351-46 $35.78
0269-162-12 $35.78 0269-162-58 $35.78 0269-351-47 $35.78
0269-162-13 $35.78 0269-351-05 $35.78 0269-351-48 $35.78
0269-162-14 $35.78 0269-351-06 $35.78 0269-351-49 $35.78
0269-162-15 $35.78 0269-351-07 $35.78 0269-351-50 $35.78
0269-162-16 $35.78 0269-351-08 $35.78 0269-351-51 $35.78
0269-162-17 $35.78 0269-351-09 $35.78 0269-351-52 $35.78
0269-162-18 $35.78 0269-351-10 $35.78 0269-351-53 $35.78
0269-162-19 $35.78 0269-351-11 $35.78 0269-351-54 $35.78
0269-162-20 $35.78 0269-351-12 $35.78 0269-351-55 $35.78
0269-162-21 $35.78 0269-351-13 $35.78 0269-351-56 $35.78
0269-162-22 $35.78 0269-351-14 $35.78 0269-351-57 $35.78
0269-162-23 $35.78 0269-351-15 $35.78 0269-351-58 $35.78
0269-162-24 $35.78 0269-351-16 $35.78 0269-351-59 $35.78
0269-162-25 $35.78 0269-351-17 $35.78 0269-351-60 $35.78
0269-162-26 $35.78 0269-351-18 $35.78 0269-351-61 $35.78
0269-162-27 $35.78 0269-351-19 $35.78 0269-351-62 $35.78
0269-162-28 $35.78 0269-351-20 $35.78 0269-351-63 $35.78
0269-162-29 $35.78 0269-351-21 $35.78 0269-351-64 $35.78
0269-162-30 $35.78 0269-351-22 $35.78 0269-351-65 $35.78
0269-162-31 $35.78 0269-351-23 $35.78 0269-351-66 $35.78
0269-162-32 $35.78 0269-351-24 $35.78 0269-351-67 $35.78
0269-162-33 $35.78 0269-351-25 $35.78 0269-351-68 $35.78
0269-162-34 $35.78 0269-351-26 $35.78 0269-351-69 $35.78
0269-162-35 $35.78 0269-351-27 $35.78 0269-361-01 $35.78
0269-162-36 $35.78 0269-351-28 $35.78 0269-361-02 $35.78
0269-162-37 $35.78 0269-351-29 $35.78 0269-361-03 $35.78
0269-162-38 $35.78 0269-351-30 $35.78 0269-361-04 $35.78
0269-162-39 $35.78 0269-351-31 $35.78 0269-361-05 $35.78
0269-162-40 $35.78 0269-351-32 $35.78 0269-361-06 $35.78
0269-162-41 $35.78 0269-351-33 $35.78 0269-361-07 $35.78
0269-162-42 $35.78 0269-351-34 $35.78 0269-361-09 $35.78
0269-162-43 $35.78 0269-351-35 $35.78 0269-361-10 $35.78
Assessment Roll
8.f
Packet Pg. 291 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP06 - AD 953
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0269-361-11 $35.78 0269-361-34 $35.78 0269-371-18 $35.78
0269-361-12 $35.78 0269-361-35 $35.78 0269-371-19 $35.78
0269-361-13 $35.78 0269-361-36 $35.78 0269-371-20 $35.78
0269-361-14 $35.78 0269-361-37 $35.78 0269-371-21 $35.78
0269-361-15 $35.78 0269-361-38 $35.78 0269-371-22 $35.78
0269-361-16 $35.78 0269-361-39 $35.78 0269-371-23 $35.78
0269-361-17 $35.78 0269-361-40 $35.78 0269-371-24 $35.78
0269-361-18 $35.78 0269-371-01 $35.78 0269-371-25 $35.78
0269-361-19 $35.78 0269-371-02 $35.78 0269-371-26 $35.78
0269-361-20 $35.78 0269-371-03 $35.78 0269-371-27 $35.78
0269-361-21 $35.78 0269-371-04 $35.78 0269-371-28 $35.78
0269-361-22 $35.78 0269-371-05 $35.78 0269-371-29 $35.78
0269-361-23 $35.78 0269-371-06 $35.78 0269-371-30 $35.78
0269-361-24 $35.78 0269-371-07 $35.78 0269-371-31 $35.78
0269-361-25 $35.78 0269-371-08 $35.78 0269-371-32 $35.78
0269-361-26 $35.78 0269-371-09 $35.78 0269-371-33 $35.78
0269-361-27 $35.78 0269-371-10 $35.78 0269-371-34 $35.78
0269-361-28 $35.78 0269-371-11 $35.78 0269-371-35 $35.78
0269-361-29 $35.78 0269-371-12 $35.78 0269-371-36 $35.78
0269-361-30 $35.78 0269-371-13 $35.78 0269-371-37 $35.78
0269-361-31 $35.78 0269-371-14 $35.78 0269-371-38 $35.78
0269-361-32 $35.78 0269-371-15 $35.78 0269-371-39 $35.78
0269-361-33 $35.78 0269-371-17 $35.78 0269-371-40 $35.78
Totals Parcels 198 Levy $7,084.44
8.f
Packet Pg. 292 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP13 - AD 956
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0281-351-27 $646.70 0281-351-34 $423.18 0281-361-23 $572.18
0281-351-28 $665.56 0281-351-35 $6,542.52 0281-361-24 $1,090.74
0281-351-29 $617.88 0281-361-16 $5,609.72 0281-361-25 $896.04
0281-351-30 $443.04 0281-361-18 $2,472.56 0281-361-27 $463.90
0281-351-31 $757.96 0281-361-20 $6,436.22 0281-361-28 $774.84
0281-351-32 $461.92 0281-361-21 $1,815.92
0281-351-33 $375.50 0281-361-22 $689.40
Totals Parcels 19 Levy $31,755.78
Assessment Roll
8.f
Packet Pg. 293 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-211-22 $4,460.70 0266-651-31 $124.14 0266-671-04 $124.14
0266-521-06 $1,651.18 0266-651-37 $124.14 0266-671-05 $124.14
0266-521-07 $1,169.48 0266-651-38 $124.14 0266-671-06 $124.14
0266-521-08 $766.00 0266-651-39 $124.14 0266-671-07 $124.14
0266-521-09 $218.50 0266-651-40 $124.14 0266-671-08 $124.14
0266-521-10 $258.22 0266-661-01 $124.14 0266-671-09 $124.14
0266-521-11 $273.12 0266-661-02 $124.14 0266-671-10 $124.14
0266-521-12 $243.32 0266-661-03 $124.14 0266-671-11 $124.14
0266-521-13 $243.32 0266-661-04 $124.14 0266-671-12 $124.14
0266-521-14 $666.68 0266-661-05 $124.14 0266-671-13 $124.14
0266-521-15 $271.88 0266-661-06 $124.14 0266-671-14 $124.14
0266-521-16 $377.40 0266-661-07 $124.14 0266-671-15 $124.14
0266-521-17 $547.50 0266-661-11 $124.14 0266-671-16 $124.14
0266-521-18 $545.00 0266-661-12 $124.14 0266-671-17 $124.14
0266-521-19 $353.82 0266-661-13 $124.14 0266-671-18 $124.14
0266-651-01 $124.14 0266-661-14 $124.14 0266-671-19 $124.14
0266-651-02 $124.14 0266-661-15 $124.14 0266-671-20 $124.14
0266-651-03 $124.14 0266-661-16 $124.14 0266-671-21 $124.14
0266-651-04 $124.14 0266-661-17 $124.14 0266-671-22 $124.14
0266-651-05 $124.14 0266-661-18 $124.14 0266-671-23 $124.14
0266-651-06 $124.14 0266-661-19 $124.14 0266-671-24 $124.14
0266-651-07 $124.14 0266-661-20 $124.14 0266-671-25 $124.14
0266-651-08 $124.14 0266-661-21 $124.14 0266-671-26 $124.14
0266-651-09 $124.14 0266-661-22 $124.14 0266-671-27 $124.14
0266-651-10 $124.14 0266-661-23 $124.14 0266-671-28 $124.14
0266-651-11 $124.14 0266-661-24 $124.14 0266-671-29 $124.14
0266-651-12 $124.14 0266-661-25 $124.14 0266-671-30 $124.14
0266-651-13 $124.14 0266-661-26 $124.14 0266-671-31 $124.14
0266-651-18 $124.14 0266-661-27 $124.14 0266-671-32 $124.14
0266-651-19 $124.14 0266-661-28 $124.14 0266-671-33 $124.14
0266-651-20 $124.14 0266-661-29 $124.14 0266-671-34 $124.14
0266-651-21 $124.14 0266-661-30 $124.14 0266-671-35 $124.14
0266-651-22 $124.14 0266-661-31 $124.14 0266-671-36 $124.14
0266-651-23 $124.14 0266-661-32 $124.14 0266-671-37 $124.14
0266-651-24 $124.14 0266-661-33 $124.14 0266-671-38 $124.14
0266-651-25 $124.14 0266-661-34 $124.14 0266-671-39 $124.14
0266-651-26 $124.14 0266-661-35 $124.14 0266-671-40 $124.14
0266-651-27 $124.14 0266-661-36 $124.14 0266-671-41 $124.14
0266-651-28 $124.14 0266-671-01 $124.14 0266-671-42 $124.14
0266-651-29 $124.14 0266-671-02 $124.14 0266-671-43 $124.14
0266-651-30 $124.14 0266-671-03 $124.14 0266-671-44 $124.14
Assessment Roll
8.f
Packet Pg. 294 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-671-45 $124.14 0266-681-38 $124.14 0266-711-13 $124.14
0266-671-46 $124.14 0266-681-39 $124.14 0266-711-14 $124.14
0266-671-47 $124.14 0266-681-40 $124.14 0266-711-15 $124.14
0266-671-48 $124.14 0266-681-41 $124.14 0266-711-16 $124.14
0266-681-01 $124.14 0266-681-42 $124.14 0266-711-17 $124.14
0266-681-02 $124.14 0266-681-43 $124.14 0266-711-18 $124.14
0266-681-03 $124.14 0266-681-44 $124.14 0266-711-19 $124.14
0266-681-04 $124.14 0266-691-01 $124.14 0266-731-01 $124.14
0266-681-05 $124.14 0266-691-02 $124.14 0266-731-02 $124.14
0266-681-06 $124.14 0266-691-03 $124.14 0266-731-03 $124.14
0266-681-07 $124.14 0266-691-04 $124.14 0266-731-04 $124.14
0266-681-08 $124.14 0266-691-05 $124.14 0266-731-05 $124.14
0266-681-09 $124.14 0266-691-06 $124.14 0266-731-06 $124.14
0266-681-10 $124.14 0266-691-07 $124.14 0266-731-07 $124.14
0266-681-11 $124.14 0266-691-08 $124.14 0266-731-08 $124.14
0266-681-12 $124.14 0266-691-09 $124.14 0266-731-09 $124.14
0266-681-13 $124.14 0266-691-10 $124.14 0266-731-10 $124.14
0266-681-14 $124.14 0266-701-01 $124.14 0266-731-11 $124.14
0266-681-15 $124.14 0266-701-02 $124.14 0266-731-12 $124.14
0266-681-16 $124.14 0266-701-03 $124.14 0266-731-13 $124.14
0266-681-17 $124.14 0266-701-04 $124.14 0266-731-14 $124.14
0266-681-18 $124.14 0266-701-05 $124.14 0266-731-15 $124.14
0266-681-19 $124.14 0266-701-06 $124.14 0266-731-16 $124.14
0266-681-20 $124.14 0266-701-07 $124.14 0266-731-17 $124.14
0266-681-21 $124.14 0266-701-08 $124.14 0266-731-18 $124.14
0266-681-22 $124.14 0266-701-09 $124.14 0266-731-19 $124.14
0266-681-23 $124.14 0266-701-10 $124.14 0266-731-20 $124.14
0266-681-24 $124.14 0266-701-11 $124.14 0266-731-21 $124.14
0266-681-25 $124.14 0266-701-12 $124.14 0266-731-22 $124.14
0266-681-26 $124.14 0266-711-01 $124.14 0266-731-23 $124.14
0266-681-27 $124.14 0266-711-02 $124.14 0266-731-24 $124.14
0266-681-28 $124.14 0266-711-03 $124.14 0266-731-25 $124.14
0266-681-29 $124.14 0266-711-04 $124.14 0266-731-26 $124.14
0266-681-30 $124.14 0266-711-05 $124.14 0266-731-27 $124.14
0266-681-31 $124.14 0266-711-06 $124.14 0266-731-28 $124.14
0266-681-32 $124.14 0266-711-07 $124.14 0266-731-29 $124.14
0266-681-33 $124.14 0266-711-08 $124.14 0266-731-30 $124.14
0266-681-34 $124.14 0266-711-09 $124.14 0266-731-31 $124.14
0266-681-35 $124.14 0266-711-10 $124.14 0266-731-32 $124.14
0266-681-36 $124.14 0266-711-11 $124.14 0266-731-33 $124.14
0266-681-37 $124.14 0266-711-12 $124.14 0266-731-34 $124.14
8.f
Packet Pg. 295 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 3 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-731-35 $124.14 0266-741-32 $124.14 0266-801-23 $124.14
0266-731-36 $124.14 0266-741-33 $124.14 0266-801-24 $124.14
0266-731-37 $124.14 0266-791-01 $124.14 0266-801-25 $124.14
0266-731-38 $124.14 0266-791-02 $124.14 0266-801-26 $124.14
0266-731-39 $124.14 0266-791-03 $124.14 0266-801-27 $124.14
0266-731-40 $124.14 0266-791-04 $124.14 0266-801-28 $124.14
0266-731-41 $124.14 0266-791-05 $124.14 0266-801-29 $124.14
0266-731-42 $124.14 0266-791-06 $124.14 0266-801-30 $124.14
0266-731-43 $124.14 0266-791-07 $124.14 0266-801-31 $124.14
0266-731-44 $124.14 0266-791-08 $124.14 0266-801-32 $124.14
0266-741-01 $124.14 0266-791-09 $124.14 0266-801-33 $124.14
0266-741-02 $124.14 0266-791-10 $124.14 0266-801-34 $124.14
0266-741-03 $124.14 0266-791-11 $124.14 0266-801-35 $124.14
0266-741-04 $124.14 0266-791-12 $124.14 0266-801-36 $124.14
0266-741-05 $124.14 0266-791-13 $124.14 0266-801-37 $124.14
0266-741-06 $124.14 0266-791-14 $124.14 0266-801-38 $124.14
0266-741-07 $124.14 0266-791-15 $124.14 0266-801-39 $124.14
0266-741-08 $124.14 0266-791-16 $124.14 0266-801-40 $124.14
0266-741-09 $124.14 0266-791-17 $124.14 0266-801-41 $124.14
0266-741-10 $124.14 0266-801-01 $124.14 0266-801-42 $124.14
0266-741-11 $124.14 0266-801-02 $124.14 0266-801-43 $124.14
0266-741-12 $124.14 0266-801-03 $124.14 0266-801-44 $124.14
0266-741-13 $124.14 0266-801-04 $124.14 0266-811-01 $124.14
0266-741-14 $124.14 0266-801-05 $124.14 0266-811-02 $124.14
0266-741-15 $124.14 0266-801-06 $124.14 0266-811-03 $124.14
0266-741-16 $124.14 0266-801-07 $124.14 0266-811-04 $124.14
0266-741-17 $124.14 0266-801-08 $124.14 0266-811-05 $124.14
0266-741-18 $124.14 0266-801-09 $124.14 0266-811-06 $124.14
0266-741-19 $124.14 0266-801-10 $124.14 0266-811-07 $124.14
0266-741-20 $124.14 0266-801-11 $124.14 0266-811-08 $124.14
0266-741-21 $124.14 0266-801-12 $124.14 0266-811-09 $124.14
0266-741-22 $124.14 0266-801-13 $124.14 0266-811-10 $124.14
0266-741-23 $124.14 0266-801-14 $124.14 0266-811-11 $124.14
0266-741-24 $124.14 0266-801-15 $124.14 0266-821-01 $124.14
0266-741-25 $124.14 0266-801-16 $124.14 0266-821-02 $124.14
0266-741-26 $124.14 0266-801-17 $124.14 0266-821-03 $124.14
0266-741-27 $124.14 0266-801-18 $124.14 0266-821-04 $124.14
0266-741-28 $124.14 0266-801-19 $124.14 0266-821-05 $124.14
0266-741-29 $124.14 0266-801-20 $124.14 0266-821-06 $124.14
0266-741-30 $124.14 0266-801-21 $124.14 0266-821-07 $124.14
0266-741-31 $124.14 0266-801-22 $124.14 0266-821-08 $124.14
8.f
Packet Pg. 296 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 4 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-821-09 $124.14 0266-821-50 $124.14 0266-822-03 $124.14
0266-821-10 $124.14 0266-821-51 $124.14 0266-822-04 $124.14
0266-821-11 $124.14 0266-821-52 $124.14 0266-822-05 $124.14
0266-821-12 $124.14 0266-821-53 $124.14 0266-822-06 $124.14
0266-821-13 $124.14 0266-821-54 $124.14 0266-822-07 $124.14
0266-821-14 $124.14 0266-821-55 $124.14 0266-822-08 $124.14
0266-821-15 $124.14 0266-821-56 $124.14 0266-822-09 $124.14
0266-821-16 $124.14 0266-821-57 $124.14 0266-822-10 $124.14
0266-821-17 $124.14 0266-821-58 $124.14 0266-822-11 $124.14
0266-821-18 $124.14 0266-821-59 $124.14 0266-822-12 $124.14
0266-821-19 $124.14 0266-821-60 $124.14 0266-822-13 $124.14
0266-821-20 $124.14 0266-821-61 $124.14 0266-822-14 $124.14
0266-821-21 $124.14 0266-821-62 $124.14 0266-822-15 $124.14
0266-821-22 $124.14 0266-821-63 $124.14 0266-822-16 $124.14
0266-821-23 $124.14 0266-821-64 $124.14 0266-822-17 $124.14
0266-821-24 $124.14 0266-821-65 $124.14 0266-822-18 $124.14
0266-821-25 $124.14 0266-821-66 $124.14 0266-822-19 $124.14
0266-821-26 $124.14 0266-821-67 $124.14 0266-822-20 $124.14
0266-821-27 $124.14 0266-821-68 $124.14 0266-822-21 $124.14
0266-821-28 $124.14 0266-821-69 $124.14 0266-822-22 $124.14
0266-821-29 $124.14 0266-821-70 $124.14 0266-822-23 $124.14
0266-821-30 $124.14 0266-821-71 $124.14 0266-822-24 $124.14
0266-821-31 $124.14 0266-821-72 $124.14 0266-822-25 $124.14
0266-821-32 $124.14 0266-821-73 $124.14 0266-822-26 $124.14
0266-821-33 $124.14 0266-821-74 $124.14 0266-822-27 $124.14
0266-821-34 $124.14 0266-821-75 $124.14 0266-822-28 $124.14
0266-821-35 $124.14 0266-821-76 $124.14 0266-822-29 $124.14
0266-821-36 $124.14 0266-821-77 $124.14 0266-822-30 $124.14
0266-821-37 $124.14 0266-821-78 $124.14 0266-822-31 $124.14
0266-821-38 $124.14 0266-821-79 $124.14 0266-822-32 $124.14
0266-821-39 $124.14 0266-821-80 $124.14 0266-822-33 $124.14
0266-821-40 $124.14 0266-821-81 $124.14 0266-822-34 $124.14
0266-821-41 $124.14 0266-821-82 $124.14 0266-822-35 $124.14
0266-821-42 $124.14 0266-821-83 $124.14 0266-822-36 $124.14
0266-821-43 $124.14 0266-821-84 $124.14 0266-822-37 $124.14
0266-821-44 $124.14 0266-821-85 $124.14 0266-822-38 $124.14
0266-821-45 $124.14 0266-821-86 $124.14 0266-822-39 $124.14
0266-821-46 $124.14 0266-821-87 $124.14 0266-822-40 $124.14
0266-821-47 $124.14 0266-821-88 $124.14 0266-822-41 $124.14
0266-821-48 $124.14 0266-822-01 $124.14 0266-822-42 $124.14
0266-821-49 $124.14 0266-822-02 $124.14 0266-822-43 $124.14
8.f
Packet Pg. 297 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 5 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-822-44 $124.14 0266-822-85 $124.14 0266-823-30 $124.14
0266-822-45 $124.14 0266-822-86 $124.14 0266-823-31 $124.14
0266-822-46 $124.14 0266-822-87 $124.14 0266-823-32 $124.14
0266-822-47 $124.14 0266-822-88 $124.14 0266-823-33 $124.14
0266-822-48 $124.14 0266-822-89 $124.14 0266-823-34 $124.14
0266-822-49 $124.14 0266-822-90 $124.14 0266-823-35 $124.14
0266-822-50 $124.14 0266-822-91 $124.14 0266-823-36 $124.14
0266-822-51 $124.14 0266-822-92 $124.14 0266-824-01 $124.14
0266-822-52 $124.14 0266-822-93 $124.14 0266-824-02 $124.14
0266-822-53 $124.14 0266-822-94 $124.14 0266-824-03 $124.14
0266-822-54 $124.14 0266-822-95 $124.14 0266-824-04 $124.14
0266-822-55 $124.14 0266-822-96 $124.14 0266-824-05 $124.14
0266-822-56 $124.14 0266-823-01 $124.14 0266-824-06 $124.14
0266-822-57 $124.14 0266-823-02 $124.14 0266-824-07 $124.14
0266-822-58 $124.14 0266-823-03 $124.14 0266-824-08 $124.14
0266-822-59 $124.14 0266-823-04 $124.14 0266-824-09 $124.14
0266-822-60 $124.14 0266-823-05 $124.14 0266-824-10 $124.14
0266-822-61 $124.14 0266-823-06 $124.14 0266-824-11 $124.14
0266-822-62 $124.14 0266-823-07 $124.14 0266-824-12 $124.14
0266-822-63 $124.14 0266-823-08 $124.14 0266-824-13 $124.14
0266-822-64 $124.14 0266-823-09 $124.14 0266-824-14 $124.14
0266-822-65 $124.14 0266-823-10 $124.14 0266-824-15 $124.14
0266-822-66 $124.14 0266-823-11 $124.14 0266-824-16 $124.14
0266-822-67 $124.14 0266-823-12 $124.14 0266-824-17 $124.14
0266-822-68 $124.14 0266-823-13 $124.14 0266-824-18 $124.14
0266-822-69 $124.14 0266-823-14 $124.14 0266-824-19 $124.14
0266-822-70 $124.14 0266-823-15 $124.14 0266-824-20 $124.14
0266-822-71 $124.14 0266-823-16 $124.14 0266-824-21 $124.14
0266-822-72 $124.14 0266-823-17 $124.14 0266-824-22 $124.14
0266-822-73 $124.14 0266-823-18 $124.14 0266-824-23 $124.14
0266-822-74 $124.14 0266-823-19 $124.14 0266-824-24 $124.14
0266-822-75 $124.14 0266-823-20 $124.14 0266-824-25 $124.14
0266-822-76 $124.14 0266-823-21 $124.14 0266-824-26 $124.14
0266-822-77 $124.14 0266-823-22 $124.14 0266-824-27 $124.14
0266-822-78 $124.14 0266-823-23 $124.14 0266-824-28 $124.14
0266-822-79 $124.14 0266-823-24 $124.14 0266-824-29 $124.14
0266-822-80 $124.14 0266-823-25 $124.14 0266-824-30 $124.14
0266-822-81 $124.14 0266-823-26 $124.14 0266-824-31 $124.14
0266-822-82 $124.14 0266-823-27 $124.14 0266-824-32 $124.14
0266-822-83 $124.14 0266-823-28 $124.14 0266-824-33 $124.14
0266-822-84 $124.14 0266-823-29 $124.14 0266-824-34 $124.14
8.f
Packet Pg. 298 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 6 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-824-35 $124.14 0266-824-76 $124.14 0266-825-25 $124.14
0266-824-36 $124.14 0266-824-77 $124.14 0266-825-26 $124.14
0266-824-37 $124.14 0266-824-78 $124.14 0266-825-27 $124.14
0266-824-38 $124.14 0266-824-79 $124.14 0266-825-28 $124.14
0266-824-39 $124.14 0266-824-80 $124.14 0266-825-29 $124.14
0266-824-40 $124.14 0266-824-81 $124.14 0266-825-30 $124.14
0266-824-41 $124.14 0266-824-82 $124.14 0266-825-31 $124.14
0266-824-42 $124.14 0266-824-83 $124.14 0266-825-32 $124.14
0266-824-43 $124.14 0266-824-84 $124.14 0266-825-33 $124.14
0266-824-44 $124.14 0266-824-85 $124.14 0266-825-34 $124.14
0266-824-45 $124.14 0266-824-86 $124.14 0266-825-35 $124.14
0266-824-46 $124.14 0266-824-87 $124.14 0266-825-36 $124.14
0266-824-47 $124.14 0266-824-88 $124.14 0266-825-37 $124.14
0266-824-48 $124.14 0266-824-89 $124.14 0266-825-38 $124.14
0266-824-49 $124.14 0266-824-90 $124.14 0266-825-39 $124.14
0266-824-50 $124.14 0266-824-91 $124.14 0266-825-40 $124.14
0266-824-51 $124.14 0266-824-92 $124.14 0266-831-01 $124.14
0266-824-52 $124.14 0266-825-01 $124.14 0266-831-02 $124.14
0266-824-53 $124.14 0266-825-02 $124.14 0266-831-03 $124.14
0266-824-54 $124.14 0266-825-03 $124.14 0266-831-04 $124.14
0266-824-55 $124.14 0266-825-04 $124.14 0266-831-05 $124.14
0266-824-56 $124.14 0266-825-05 $124.14 0266-831-06 $124.14
0266-824-57 $124.14 0266-825-06 $124.14 0266-831-07 $124.14
0266-824-58 $124.14 0266-825-07 $124.14 0266-831-08 $124.14
0266-824-59 $124.14 0266-825-08 $124.14 0266-831-09 $124.14
0266-824-60 $124.14 0266-825-09 $124.14 0266-831-10 $124.14
0266-824-61 $124.14 0266-825-10 $124.14 0266-831-11 $124.14
0266-824-62 $124.14 0266-825-11 $124.14 0266-831-12 $124.14
0266-824-63 $124.14 0266-825-12 $124.14 0266-831-13 $124.14
0266-824-64 $124.14 0266-825-13 $124.14 0266-831-14 $124.14
0266-824-65 $124.14 0266-825-14 $124.14 0266-831-15 $124.14
0266-824-66 $124.14 0266-825-15 $124.14 0266-831-16 $124.14
0266-824-67 $124.14 0266-825-16 $124.14 0266-831-17 $124.14
0266-824-68 $124.14 0266-825-17 $124.14 0266-831-18 $124.14
0266-824-69 $124.14 0266-825-18 $124.14 0266-831-19 $124.14
0266-824-70 $124.14 0266-825-19 $124.14 0266-831-20 $124.14
0266-824-71 $124.14 0266-825-20 $124.14 0266-831-21 $124.14
0266-824-72 $124.14 0266-825-21 $124.14 0266-831-22 $124.14
0266-824-73 $124.14 0266-825-22 $124.14 0266-831-23 $124.14
0266-824-74 $124.14 0266-825-23 $124.14 0266-831-24 $124.14
0266-824-75 $124.14 0266-825-24 $124.14 0266-831-25 $124.14
8.f
Packet Pg. 299 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 7 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-831-26 $124.14 0266-832-19 $124.14 0266-832-60 $124.14
0266-831-27 $124.14 0266-832-20 $124.14 0266-832-61 $124.14
0266-831-28 $124.14 0266-832-21 $124.14 0266-832-62 $124.14
0266-831-29 $124.14 0266-832-22 $124.14 0266-832-63 $124.14
0266-831-30 $124.14 0266-832-23 $124.14 0266-832-64 $124.14
0266-831-31 $124.14 0266-832-24 $124.14 0266-841-01 $124.14
0266-831-32 $124.14 0266-832-25 $124.14 0266-841-02 $124.14
0266-831-33 $124.14 0266-832-26 $124.14 0266-841-03 $124.14
0266-831-34 $124.14 0266-832-27 $124.14 0266-841-04 $124.14
0266-831-35 $124.14 0266-832-28 $124.14 0266-841-05 $124.14
0266-831-36 $124.14 0266-832-29 $124.14 0266-841-06 $124.14
0266-831-37 $124.14 0266-832-30 $124.14 0266-841-07 $124.14
0266-831-38 $124.14 0266-832-31 $124.14 0266-841-08 $124.14
0266-831-39 $124.14 0266-832-32 $124.14 0266-841-09 $124.14
0266-831-40 $124.14 0266-832-33 $124.14 0266-841-10 $124.14
0266-831-41 $124.14 0266-832-34 $124.14 0266-841-11 $124.14
0266-831-42 $124.14 0266-832-35 $124.14 0266-841-12 $124.14
0266-831-43 $124.14 0266-832-36 $124.14 0266-841-13 $124.14
0266-831-44 $124.14 0266-832-37 $124.14 0266-841-14 $124.14
0266-831-45 $124.14 0266-832-38 $124.14 0266-841-15 $124.14
0266-831-46 $124.14 0266-832-39 $124.14 0266-841-16 $124.14
0266-831-47 $124.14 0266-832-40 $124.14 0266-841-17 $124.14
0266-831-48 $124.14 0266-832-41 $124.14 0266-841-18 $124.14
0266-832-01 $124.14 0266-832-42 $124.14 0266-841-19 $124.14
0266-832-02 $124.14 0266-832-43 $124.14 0266-841-20 $124.14
0266-832-03 $124.14 0266-832-44 $124.14 0266-841-21 $124.14
0266-832-04 $124.14 0266-832-45 $124.14 0266-841-22 $124.14
0266-832-05 $124.14 0266-832-46 $124.14 0266-841-23 $124.14
0266-832-06 $124.14 0266-832-47 $124.14 0266-841-24 $124.14
0266-832-07 $124.14 0266-832-48 $124.14 0266-841-25 $124.14
0266-832-08 $124.14 0266-832-49 $124.14 0266-841-26 $124.14
0266-832-09 $124.14 0266-832-50 $124.14 0266-841-27 $124.14
0266-832-10 $124.14 0266-832-51 $124.14 0266-841-28 $124.14
0266-832-11 $124.14 0266-832-52 $124.14 0266-841-29 $124.14
0266-832-12 $124.14 0266-832-53 $124.14 0266-841-30 $124.14
0266-832-13 $124.14 0266-832-54 $124.14 0266-841-31 $124.14
0266-832-14 $124.14 0266-832-55 $124.14 0266-841-32 $124.14
0266-832-15 $124.14 0266-832-56 $124.14 0266-841-33 $124.14
0266-832-16 $124.14 0266-832-57 $124.14 0266-841-34 $124.14
0266-832-17 $124.14 0266-832-58 $124.14 0266-841-35 $124.14
0266-832-18 $124.14 0266-832-59 $124.14 0266-841-36 $124.14
8.f
Packet Pg. 300 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 8 of 8 City of San Bernardino
Engineer's Report
CC30 SP28 - AD 959 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0266-841-37 $124.14 0266-841-51 $124.14 0266-841-65 $124.14
0266-841-38 $124.14 0266-841-52 $124.14 0266-841-66 $124.14
0266-841-39 $124.14 0266-841-53 $124.14 0266-841-67 $124.14
0266-841-40 $124.14 0266-841-54 $124.14 0266-841-68 $124.14
0266-841-41 $124.14 0266-841-55 $124.14 0266-841-69 $124.14
0266-841-42 $124.14 0266-841-56 $124.14 0266-841-70 $124.14
0266-841-43 $124.14 0266-841-57 $124.14 0266-841-71 $124.14
0266-841-44 $124.14 0266-841-58 $124.14 0266-841-72 $124.14
0266-841-45 $124.14 0266-841-59 $124.14 0266-841-73 $124.14
0266-841-46 $124.14 0266-841-60 $124.14 0266-841-74 $124.14
0266-841-47 $124.14 0266-841-61 $124.14 0266-841-75 $124.14
0266-841-48 $124.14 0266-841-62 $124.14 0266-841-76 $124.14
0266-841-49 $124.14 0266-841-63 $124.14
0266-841-50 $124.14 0266-841-64 $124.14
Totals Parcels 901 Levy $122,034.16
8.f
Packet Pg. 301 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 3 City of San Bernardino
Engineer's Report
CC30 SP14 - AD 962
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-331-01 $31.64 0261-341-05 $31.64 0261-361-01 $31.64
0261-331-02 $31.64 0261-341-06 $31.64 0261-361-02 $31.64
0261-331-03 $31.64 0261-341-07 $31.64 0261-361-03 $31.64
0261-331-04 $31.64 0261-341-08 $31.64 0261-361-04 $31.64
0261-331-05 $31.64 0261-341-09 $31.64 0261-361-05 $31.64
0261-331-06 $31.64 0261-341-10 $31.64 0261-361-06 $31.64
0261-331-07 $31.64 0261-341-11 $31.64 0261-361-07 $31.64
0261-331-08 $31.64 0261-341-12 $31.64 0261-361-08 $31.64
0261-331-09 $31.64 0261-341-13 $31.64 0261-361-09 $31.64
0261-331-10 $31.64 0261-341-14 $31.64 0261-361-10 $31.64
0261-331-11 $31.64 0261-341-15 $31.64 0261-361-11 $31.64
0261-331-12 $31.64 0261-341-16 $31.64 0261-361-12 $31.64
0261-331-13 $31.64 0261-341-17 $31.64 0261-361-13 $31.64
0261-331-14 $31.64 0261-341-18 $31.64 0261-361-14 $31.64
0261-331-15 $31.64 0261-341-19 $31.64 0261-361-15 $31.64
0261-331-16 $31.64 0261-341-20 $31.64 0261-361-16 $31.64
0261-331-17 $31.64 0261-341-21 $31.64 0261-361-17 $31.64
0261-331-18 $31.64 0261-341-22 $31.64 0261-361-18 $31.64
0261-331-19 $31.64 0261-341-23 $31.64 0261-361-19 $31.64
0261-331-20 $31.64 0261-341-24 $31.64 0261-361-20 $31.64
0261-331-21 $31.64 0261-341-25 $31.64 0261-361-21 $31.64
0261-331-22 $31.64 0261-341-26 $31.64 0261-361-22 $31.64
0261-331-23 $31.64 0261-341-27 $31.64 0261-361-23 $31.64
0261-331-24 $31.64 0261-341-28 $31.64 0261-361-24 $31.64
0261-331-25 $31.64 0261-341-29 $31.64 0261-361-25 $31.64
0261-331-26 $31.64 0261-341-30 $31.64 0261-361-26 $31.64
0261-331-27 $31.64 0261-341-31 $31.64 0261-361-27 $31.64
0261-331-28 $31.64 0261-341-32 $31.64 0261-361-28 $31.64
0261-331-29 $31.64 0261-341-33 $31.64 0261-361-29 $31.64
0261-331-30 $31.64 0261-341-34 $31.64 0261-361-30 $31.64
0261-331-31 $31.64 0261-341-35 $31.64 0261-361-31 $31.64
0261-331-32 $31.64 0261-341-36 $31.64 0261-361-32 $31.64
0261-331-33 $31.64 0261-341-37 $31.64 0261-361-33 $31.64
0261-331-34 $31.64 0261-341-38 $31.64 0261-361-34 $31.64
0261-331-35 $31.64 0261-341-39 $31.64 0261-361-37 $31.64
0261-331-36 $31.64 0261-341-40 $31.64 0261-361-38 $31.64
0261-331-37 $31.64 0261-341-41 $31.64 0261-361-39 $31.64
0261-331-38 $31.64 0261-341-42 $31.64 0261-361-40 $31.64
0261-331-39 $31.64 0261-341-43 $31.64 0261-361-41 $31.64
0261-341-01 $31.64 0261-341-44 $31.64 0261-361-42 $31.64
0261-341-02 $31.64 0261-341-45 $31.64 0261-361-43 $31.64
0261-341-03 $31.64 0261-341-46 $31.64 0261-361-44 $31.64
0261-341-04 $31.64 0261-341-47 $31.64 0261-361-45 $31.64
Assessment Roll
8.f
Packet Pg. 302 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 3 City of San Bernardino
Engineer's Report
CC30 SP14 - AD 962
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-361-46 $31.64 0261-411-14 $31.64 0261-411-57 $31.64
0261-361-47 $31.64 0261-411-15 $31.64 0261-411-58 $31.64
0261-361-48 $31.64 0261-411-16 $31.64 0261-411-59 $31.64
0261-361-49 $31.64 0261-411-17 $31.64 0261-411-60 $31.64
0261-361-50 $31.64 0261-411-18 $31.64 0261-411-61 $31.64
0261-361-51 $31.64 0261-411-19 $31.64 0261-411-62 $31.64
0261-361-52 $31.64 0261-411-20 $31.64 0261-411-63 $31.64
0261-361-53 $31.64 0261-411-21 $31.64 0261-411-64 $31.64
0261-361-54 $31.64 0261-411-22 $31.64 0261-411-65 $31.64
0261-361-55 $31.64 0261-411-23 $31.64 0261-411-66 $31.64
0261-361-56 $31.64 0261-411-24 $31.64 0261-411-67 $31.64
0261-361-57 $31.64 0261-411-25 $31.64 0261-411-68 $31.64
0261-361-58 $31.64 0261-411-26 $31.64 0261-411-69 $31.64
0261-361-59 $31.64 0261-411-27 $31.64 0261-411-70 $31.64
0261-361-60 $31.64 0261-411-28 $31.64 0261-411-71 $31.64
0261-361-61 $31.64 0261-411-29 $31.64 0261-411-72 $31.64
0261-361-62 $31.64 0261-411-30 $31.64 0261-411-73 $31.64
0261-361-63 $31.64 0261-411-31 $31.64 0261-421-01 $31.64
0261-361-64 $31.64 0261-411-32 $31.64 0261-421-02 $31.64
0261-361-65 $31.64 0261-411-33 $31.64 0261-421-03 $31.64
0261-361-66 $31.64 0261-411-34 $31.64 0261-421-04 $31.64
0261-361-67 $31.64 0261-411-35 $31.64 0261-421-05 $31.64
0261-361-68 $31.64 0261-411-36 $31.64 0261-421-06 $31.64
0261-361-69 $31.64 0261-411-37 $31.64 0261-421-07 $31.64
0261-361-70 $31.64 0261-411-38 $31.64 0261-421-08 $31.64
0261-361-71 $31.64 0261-411-39 $31.64 0261-421-09 $31.64
0261-361-72 $31.64 0261-411-40 $31.64 0261-421-10 $31.64
0261-361-73 $31.64 0261-411-41 $31.64 0261-421-11 $31.64
0261-361-74 $31.64 0261-411-42 $31.64 0261-421-12 $31.64
0261-361-75 $31.64 0261-411-43 $31.64 0261-421-13 $31.64
0261-411-01 $31.64 0261-411-44 $31.64 0261-421-14 $31.64
0261-411-02 $31.64 0261-411-45 $31.64 0261-421-15 $31.64
0261-411-03 $31.64 0261-411-46 $31.64 0261-421-16 $31.64
0261-411-04 $31.64 0261-411-47 $31.64 0261-421-17 $31.64
0261-411-05 $31.64 0261-411-48 $31.64 0261-421-18 $31.64
0261-411-06 $31.64 0261-411-49 $31.64 0261-421-19 $31.64
0261-411-07 $31.64 0261-411-50 $31.64 0261-421-20 $31.64
0261-411-08 $31.64 0261-411-51 $31.64 0261-421-21 $31.64
0261-411-09 $31.64 0261-411-52 $31.64 0261-421-22 $31.64
0261-411-10 $31.64 0261-411-53 $31.64 0261-421-23 $31.64
0261-411-11 $31.64 0261-411-54 $31.64 0261-431-01 $31.64
0261-411-12 $31.64 0261-411-55 $31.64 0261-431-02 $31.64
0261-411-13 $31.64 0261-411-56 $31.64 0261-431-03 $31.64
8.f
Packet Pg. 303 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 3 of 3 City of San Bernardino
Engineer's Report
CC30 SP14 - AD 962
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-431-04 $31.64 0261-431-30 $31.64 0261-441-20 $31.64
0261-431-05 $31.64 0261-431-31 $31.64 0261-441-21 $31.64
0261-431-06 $31.64 0261-431-32 $31.64 0261-441-22 $31.64
0261-431-07 $31.64 0261-431-33 $31.64 0261-441-23 $31.64
0261-431-08 $31.64 0261-431-34 $31.64 0261-441-24 $31.64
0261-431-09 $31.64 0261-431-35 $31.64 0261-441-25 $31.64
0261-431-10 $31.64 0261-431-36 $31.64 0261-441-26 $31.64
0261-431-11 $31.64 0261-431-37 $31.64 0261-441-27 $31.64
0261-431-12 $31.64 0261-441-01 $31.64 0261-441-28 $31.64
0261-431-13 $31.64 0261-441-02 $31.64 0261-441-29 $31.64
0261-431-14 $31.64 0261-441-03 $31.64 0261-441-30 $31.64
0261-431-15 $31.64 0261-441-04 $31.64 0261-441-31 $31.64
0261-431-16 $31.64 0261-441-05 $31.64 0261-441-32 $31.64
0261-431-17 $31.64 0261-441-06 $31.64 0261-441-33 $31.64
0261-431-18 $31.64 0261-441-07 $31.64 0261-441-34 $31.64
0261-431-19 $31.64 0261-441-09 $31.64 0261-441-35 $31.64
0261-431-20 $31.64 0261-441-10 $31.64 0261-441-36 $31.64
0261-431-21 $31.64 0261-441-11 $31.64 0261-441-37 $31.64
0261-431-22 $31.64 0261-441-12 $31.64 0261-441-38 $31.64
0261-431-23 $31.64 0261-441-13 $31.64 0261-441-39 $31.64
0261-431-24 $31.64 0261-441-14 $31.64 0261-441-40 $31.64
0261-431-25 $31.64 0261-441-15 $31.64 0261-441-41 $31.64
0261-431-26 $31.64 0261-441-16 $31.64 0261-441-42 $31.64
0261-431-27 $31.64 0261-441-17 $31.64 0261-441-43 $31.64
0261-431-28 $31.64 0261-441-18 $31.64 0261-441-45 $31.64
0261-431-29 $31.64 0261-441-19 $31.64
Totals Parcels 335 Levy $10,599.40
8.f
Packet Pg. 304 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP15 - AD 963
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0136-401-18 $130.12 0136-401-57 $130.12 0136-401-73 $130.12
0136-401-19 $130.12 0136-401-58 $130.12 0136-401-74 $130.12
0136-401-38 $130.12 0136-401-61 $130.12 0136-401-75 $130.12
0136-401-41 $130.12 0136-401-63 $130.12 0136-401-76 $130.12
0136-401-51 $130.12 0136-401-67 $130.12 0136-401-77 $130.12
0136-401-52 $130.12 0136-401-68 $130.12 0136-401-78 $130.12
0136-401-54 $130.12 0136-401-69 $130.12 0136-401-79 $130.12
0136-401-55 $130.12 0136-401-70 $130.12
0136-401-56 $130.12 0136-401-71 $130.12
Totals Parcels 25 Levy $3,253.00
Assessment Roll
8.f
Packet Pg. 305 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP17 - AD 968
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0141-412-25 $489.34 0141-412-29 $435.34 0141-412-36 $950.40
0141-412-26 $489.34 0141-412-31 $369.36 0141-412-37 $454.20
0141-412-27 $407.92 0141-412-32 $458.48
Totals Parcels 8 Levy $4,054.38
Assessment Roll
8.f
Packet Pg. 306 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP32 - AD 974
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-242-11 $68.56 0142-242-25 $68.56 0142-243-14 $68.56
0142-242-12 $68.56 0142-242-26 $68.56 0142-243-15 $68.56
0142-242-13 $68.56 0142-242-27 $68.56 0142-243-16 $68.56
0142-242-14 $68.56 0142-242-28 $68.56 0142-243-17 $68.56
0142-242-15 $68.56 0142-242-29 $68.56 0142-243-18 $68.56
0142-242-16 $68.56 0142-242-30 $68.56 0142-243-19 $68.56
0142-242-17 $68.56 0142-242-31 $68.56 0142-243-20 $68.56
0142-242-18 $68.56 0142-242-32 $68.56 0142-243-21 $68.56
0142-242-19 $68.56 0142-242-33 $68.56 0142-243-22 $68.56
0142-242-20 $68.56 0142-242-34 $68.56 0142-243-23 $68.56
0142-242-21 $68.56 0142-243-10 $68.56 0142-243-24 $68.56
0142-242-22 $68.56 0142-243-11 $68.56 0142-243-25 $68.56
0142-242-23 $68.56 0142-243-12 $68.56
0142-242-24 $68.56 0142-243-13 $68.56
Totals Parcels 40 Levy $2,742.40
Assessment Roll
8.f
Packet Pg. 307 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP34 - AD 975
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-553-06 $70.94 0142-641-44 $70.94 0142-741-12 $70.94
0142-553-07 $70.94 0142-641-45 $70.94 0142-741-13 $70.94
0142-553-08 $70.94 0142-641-46 $70.94 0142-741-14 $70.94
0142-553-09 $70.94 0142-641-47 $70.94 0142-741-15 $70.94
0142-553-10 $70.94 0142-641-48 $70.94 0142-741-16 $70.94
0142-553-11 $70.94 0142-641-49 $70.94 0142-741-17 $70.94
0142-553-12 $70.94 0142-641-50 $70.94 0142-741-18 $70.94
0142-553-13 $70.94 0142-641-51 $70.94 0142-741-19 $70.94
0142-553-14 $70.94 0142-641-52 $70.94 0142-741-20 $70.94
0142-553-15 $70.94 0142-641-53 $70.94 0142-741-21 $70.94
0142-553-16 $70.94 0142-641-54 $70.94 0142-741-22 $70.94
0142-553-17 $70.94 0142-641-56 $70.94 0142-741-23 $70.94
0142-554-01 $70.94 0142-641-57 $70.94 0142-741-24 $70.94
0142-554-02 $70.94 0142-641-58 $70.94 0142-741-25 $70.94
0142-554-03 $70.94 0142-641-59 $70.94 0142-741-26 $70.94
0142-554-04 $70.94 0142-641-60 $70.94 0142-741-27 $70.94
0142-641-21 $70.94 0142-641-61 $70.94 0142-741-28 $70.94
0142-641-22 $70.94 0142-641-62 $70.94 0142-741-29 $70.94
0142-641-23 $70.94 0142-641-63 $70.94 0142-741-30 $70.94
0142-641-24 $70.94 0142-641-64 $70.94 0142-741-31 $70.94
0142-641-25 $70.94 0142-641-65 $70.94 0142-741-32 $70.94
0142-641-26 $70.94 0142-641-66 $70.94 0142-741-33 $70.94
0142-641-27 $70.94 0142-641-67 $70.94 0142-741-34 $70.94
0142-641-28 $70.94 0142-641-68 $70.94 0142-741-35 $70.94
0142-641-29 $70.94 0142-641-69 $70.94 0142-741-36 $70.94
0142-641-30 $70.94 0142-641-70 $70.94 0142-741-37 $70.94
0142-641-31 $70.94 0142-641-71 $70.94 0142-741-38 $70.94
0142-641-32 $70.94 0142-641-72 $70.94 0142-741-39 $70.94
0142-641-33 $70.94 0142-741-01 $70.94 0142-741-40 $70.94
0142-641-34 $70.94 0142-741-02 $70.94 0142-741-41 $70.94
0142-641-35 $70.94 0142-741-03 $70.94 0142-741-42 $70.94
0142-641-36 $70.94 0142-741-04 $70.94 0142-741-43 $70.94
0142-641-37 $70.94 0142-741-05 $70.94 0142-741-44 $70.94
0142-641-38 $70.94 0142-741-06 $70.94 0142-741-45 $70.94
0142-641-39 $70.94 0142-741-07 $70.94 0142-741-46 $70.94
0142-641-40 $70.94 0142-741-08 $70.94 0142-741-47 $70.94
0142-641-41 $70.94 0142-741-09 $70.94 0142-741-48 $70.94
0142-641-42 $70.94 0142-741-10 $70.94
0142-641-43 $70.94 0142-741-11 $70.94
Totals Parcels 115 Levy $8,158.10
Assessment Roll
8.f
Packet Pg. 308 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 5 City of San Bernardino
Engineer's Report
CC30 SP33 - AD 976
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-271-01 $66.98 0261-271-45 $66.98 0261-271-88 $66.98
0261-271-02 $66.98 0261-271-46 $66.98 0261-271-89 $66.98
0261-271-03 $66.98 0261-271-47 $66.98 0261-271-90 $66.98
0261-271-05 $66.98 0261-271-48 $66.98 0261-271-91 $66.98
0261-271-06 $66.98 0261-271-49 $66.98 0261-271-92 $66.98
0261-271-07 $66.98 0261-271-50 $66.98 0261-271-93 $66.98
0261-271-08 $66.98 0261-271-51 $66.98 0261-271-94 $66.98
0261-271-09 $66.98 0261-271-52 $66.98 0261-281-01 $66.98
0261-271-10 $66.98 0261-271-53 $66.98 0261-281-02 $66.98
0261-271-11 $66.98 0261-271-54 $66.98 0261-281-03 $66.98
0261-271-12 $66.98 0261-271-55 $66.98 0261-281-04 $66.98
0261-271-13 $66.98 0261-271-56 $66.98 0261-281-05 $66.98
0261-271-14 $66.98 0261-271-57 $66.98 0261-281-06 $66.98
0261-271-15 $66.98 0261-271-58 $66.98 0261-281-07 $66.98
0261-271-16 $66.98 0261-271-59 $66.98 0261-281-08 $66.98
0261-271-17 $66.98 0261-271-60 $66.98 0261-281-09 $66.98
0261-271-18 $66.98 0261-271-61 $66.98 0261-281-10 $66.98
0261-271-19 $66.98 0261-271-62 $66.98 0261-281-11 $66.98
0261-271-20 $66.98 0261-271-63 $66.98 0261-281-12 $66.98
0261-271-21 $66.98 0261-271-64 $66.98 0261-281-13 $66.98
0261-271-22 $66.98 0261-271-65 $66.98 0261-281-14 $66.98
0261-271-23 $66.98 0261-271-66 $66.98 0261-281-15 $66.98
0261-271-24 $66.98 0261-271-67 $66.98 0261-281-16 $66.98
0261-271-25 $66.98 0261-271-68 $66.98 0261-281-17 $66.98
0261-271-26 $66.98 0261-271-69 $66.98 0261-281-18 $66.98
0261-271-27 $66.98 0261-271-70 $66.98 0261-281-19 $66.98
0261-271-28 $66.98 0261-271-71 $66.98 0261-281-20 $66.98
0261-271-29 $66.98 0261-271-72 $66.98 0261-281-21 $66.98
0261-271-30 $66.98 0261-271-73 $66.98 0261-281-22 $66.98
0261-271-31 $66.98 0261-271-74 $66.98 0261-281-23 $66.98
0261-271-32 $66.98 0261-271-75 $66.98 0261-281-24 $66.98
0261-271-33 $66.98 0261-271-76 $66.98 0261-281-25 $66.98
0261-271-34 $66.98 0261-271-77 $66.98 0261-281-26 $66.98
0261-271-35 $66.98 0261-271-78 $66.98 0261-281-27 $66.98
0261-271-36 $66.98 0261-271-79 $66.98 0261-281-28 $66.98
0261-271-37 $66.98 0261-271-80 $66.98 0261-281-29 $66.98
0261-271-38 $66.98 0261-271-81 $66.98 0261-281-30 $66.98
0261-271-39 $66.98 0261-271-82 $66.98 0261-281-31 $66.98
0261-271-40 $66.98 0261-271-83 $66.98 0261-281-32 $66.98
0261-271-41 $66.98 0261-271-84 $66.98 0261-281-33 $66.98
0261-271-42 $66.98 0261-271-85 $66.98 0261-281-34 $66.98
0261-271-43 $66.98 0261-271-86 $66.98 0261-281-35 $66.98
0261-271-44 $66.98 0261-271-87 $66.98 0261-281-36 $66.98
Assessment Roll
8.f
Packet Pg. 309 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 5 City of San Bernardino
Engineer's Report
CC30 SP33 - AD 976
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-281-37 $66.98 0261-281-80 $66.98 0261-331-25 $66.98
0261-281-38 $66.98 0261-281-81 $66.98 0261-331-26 $66.98
0261-281-39 $66.98 0261-321-31 $66.98 0261-331-27 $66.98
0261-281-40 $66.98 0261-321-32 $66.98 0261-331-28 $66.98
0261-281-41 $66.98 0261-321-33 $66.98 0261-331-29 $66.98
0261-281-42 $66.98 0261-321-34 $66.98 0261-331-30 $66.98
0261-281-43 $66.98 0261-321-35 $66.98 0261-331-31 $66.98
0261-281-44 $66.98 0261-321-36 $66.98 0261-331-32 $66.98
0261-281-45 $66.98 0261-321-37 $66.98 0261-331-33 $66.98
0261-281-46 $66.98 0261-321-38 $66.98 0261-331-34 $66.98
0261-281-47 $66.98 0261-321-39 $66.98 0261-331-35 $66.98
0261-281-48 $66.98 0261-321-40 $66.98 0261-331-36 $66.98
0261-281-49 $66.98 0261-321-41 $66.98 0261-331-37 $66.98
0261-281-50 $66.98 0261-321-42 $66.98 0261-331-38 $66.98
0261-281-51 $66.98 0261-321-43 $66.98 0261-331-39 $66.98
0261-281-52 $66.98 0261-321-44 $66.98 0261-341-01 $66.98
0261-281-53 $66.98 0261-321-45 $66.98 0261-341-02 $66.98
0261-281-54 $66.98 0261-321-46 $66.98 0261-341-03 $66.98
0261-281-55 $66.98 0261-321-47 $66.98 0261-341-04 $66.98
0261-281-56 $66.98 0261-331-01 $66.98 0261-341-05 $66.98
0261-281-57 $66.98 0261-331-02 $66.98 0261-341-06 $66.98
0261-281-58 $66.98 0261-331-03 $66.98 0261-341-07 $66.98
0261-281-59 $66.98 0261-331-04 $66.98 0261-341-08 $66.98
0261-281-60 $66.98 0261-331-05 $66.98 0261-341-09 $66.98
0261-281-61 $66.98 0261-331-06 $66.98 0261-341-10 $66.98
0261-281-62 $66.98 0261-331-07 $66.98 0261-341-11 $66.98
0261-281-63 $66.98 0261-331-08 $66.98 0261-341-12 $66.98
0261-281-64 $66.98 0261-331-09 $66.98 0261-341-13 $66.98
0261-281-65 $66.98 0261-331-10 $66.98 0261-341-14 $66.98
0261-281-66 $66.98 0261-331-11 $66.98 0261-341-15 $66.98
0261-281-67 $66.98 0261-331-12 $66.98 0261-341-16 $66.98
0261-281-68 $66.98 0261-331-13 $66.98 0261-341-17 $66.98
0261-281-69 $66.98 0261-331-14 $66.98 0261-341-18 $66.98
0261-281-70 $66.98 0261-331-15 $66.98 0261-341-19 $66.98
0261-281-71 $66.98 0261-331-16 $66.98 0261-341-20 $66.98
0261-281-72 $66.98 0261-331-17 $66.98 0261-341-21 $66.98
0261-281-73 $66.98 0261-331-18 $66.98 0261-341-22 $66.98
0261-281-74 $66.98 0261-331-19 $66.98 0261-341-23 $66.98
0261-281-75 $66.98 0261-331-20 $66.98 0261-341-24 $66.98
0261-281-76 $66.98 0261-331-21 $66.98 0261-341-25 $66.98
0261-281-77 $66.98 0261-331-22 $66.98 0261-341-26 $66.98
0261-281-78 $66.98 0261-331-23 $66.98 0261-341-27 $66.98
0261-281-79 $66.98 0261-331-24 $66.98 0261-341-28 $66.98
8.f
Packet Pg. 310 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 3 of 5 City of San Bernardino
Engineer's Report
CC30 SP33 - AD 976
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-341-29 $66.98 0261-361-61 $66.98 0261-402-01 $66.98
0261-341-30 $66.98 0261-361-62 $66.98 0261-402-02 $66.98
0261-341-31 $66.98 0261-361-63 $66.98 0261-402-03 $66.98
0261-341-32 $66.98 0261-361-64 $66.98 0261-402-04 $66.98
0261-341-33 $66.98 0261-361-65 $66.98 0261-402-05 $66.98
0261-341-34 $66.98 0261-361-66 $66.98 0261-402-06 $66.98
0261-341-35 $66.98 0261-361-67 $66.98 0261-402-07 $66.98
0261-341-36 $66.98 0261-361-68 $66.98 0261-402-08 $66.98
0261-341-37 $66.98 0261-361-69 $66.98 0261-402-09 $66.98
0261-341-38 $66.98 0261-361-70 $66.98 0261-402-10 $66.98
0261-341-39 $66.98 0261-361-71 $66.98 0261-402-11 $66.98
0261-341-40 $66.98 0261-361-72 $66.98 0261-402-12 $66.98
0261-341-41 $66.98 0261-361-73 $66.98 0261-402-13 $66.98
0261-341-42 $66.98 0261-361-74 $66.98 0261-402-14 $66.98
0261-341-43 $66.98 0261-361-75 $66.98 0261-402-15 $66.98
0261-341-44 $66.98 0261-401-01 $66.98 0261-402-16 $66.98
0261-341-45 $66.98 0261-401-02 $66.98 0261-402-17 $66.98
0261-341-46 $66.98 0261-401-03 $66.98 0261-402-18 $66.98
0261-341-47 $66.98 0261-401-04 $66.98 0261-402-19 $66.98
0261-361-37 $66.98 0261-401-05 $66.98 0261-402-20 $66.98
0261-361-38 $66.98 0261-401-06 $66.98 0261-402-21 $66.98
0261-361-39 $66.98 0261-401-07 $66.98 0261-402-22 $66.98
0261-361-40 $66.98 0261-401-08 $66.98 0261-402-23 $66.98
0261-361-41 $66.98 0261-401-09 $66.98 0261-402-24 $66.98
0261-361-42 $66.98 0261-401-10 $66.98 0261-402-25 $66.98
0261-361-43 $66.98 0261-401-11 $66.98 0261-402-26 $66.98
0261-361-44 $66.98 0261-401-12 $66.98 0261-402-27 $66.98
0261-361-45 $66.98 0261-401-13 $66.98 0261-402-28 $66.98
0261-361-46 $66.98 0261-401-14 $66.98 0261-402-29 $66.98
0261-361-47 $66.98 0261-401-15 $66.98 0261-402-30 $66.98
0261-361-48 $66.98 0261-401-16 $66.98 0261-402-31 $66.98
0261-361-49 $66.98 0261-401-17 $66.98 0261-402-32 $66.98
0261-361-50 $66.98 0261-401-18 $66.98 0261-402-33 $66.98
0261-361-51 $66.98 0261-401-19 $66.98 0261-402-34 $66.98
0261-361-52 $66.98 0261-401-20 $66.98 0261-402-35 $66.98
0261-361-53 $66.98 0261-401-21 $66.98 0261-402-36 $66.98
0261-361-54 $66.98 0261-401-22 $66.98 0261-403-01 $66.98
0261-361-55 $66.98 0261-401-23 $66.98 0261-403-02 $66.98
0261-361-56 $66.98 0261-401-24 $66.98 0261-403-03 $66.98
0261-361-57 $66.98 0261-401-25 $66.98 0261-403-04 $66.98
0261-361-58 $66.98 0261-401-26 $66.98 0261-403-05 $66.98
0261-361-59 $66.98 0261-401-27 $66.98 0261-403-06 $66.98
0261-361-60 $66.98 0261-401-28 $66.98 0261-403-07 $66.98
8.f
Packet Pg. 311 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 4 of 5 City of San Bernardino
Engineer's Report
CC30 SP33 - AD 976
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-403-08 $66.98 0261-411-16 $66.98 0261-411-59 $66.98
0261-403-09 $66.98 0261-411-17 $66.98 0261-411-60 $66.98
0261-403-10 $66.98 0261-411-18 $66.98 0261-411-61 $66.98
0261-403-11 $66.98 0261-411-19 $66.98 0261-411-62 $66.98
0261-403-12 $66.98 0261-411-20 $66.98 0261-411-63 $66.98
0261-403-13 $66.98 0261-411-21 $66.98 0261-411-64 $66.98
0261-403-14 $66.98 0261-411-22 $66.98 0261-411-65 $66.98
0261-403-15 $66.98 0261-411-23 $66.98 0261-411-66 $66.98
0261-403-16 $66.98 0261-411-24 $66.98 0261-411-67 $66.98
0261-403-17 $66.98 0261-411-25 $66.98 0261-411-68 $66.98
0261-403-18 $66.98 0261-411-26 $66.98 0261-411-69 $66.98
0261-403-19 $66.98 0261-411-27 $66.98 0261-411-70 $66.98
0261-403-20 $66.98 0261-411-28 $66.98 0261-411-71 $66.98
0261-403-21 $66.98 0261-411-29 $66.98 0261-411-72 $66.98
0261-403-22 $66.98 0261-411-30 $66.98 0261-411-73 $66.98
0261-403-23 $66.98 0261-411-31 $66.98 0261-421-01 $66.98
0261-403-24 $66.98 0261-411-32 $66.98 0261-421-02 $66.98
0261-403-25 $66.98 0261-411-33 $66.98 0261-421-03 $66.98
0261-403-26 $66.98 0261-411-34 $66.98 0261-421-04 $66.98
0261-403-27 $66.98 0261-411-35 $66.98 0261-421-05 $66.98
0261-403-28 $66.98 0261-411-36 $66.98 0261-421-06 $66.98
0261-403-29 $66.98 0261-411-37 $66.98 0261-421-07 $66.98
0261-403-30 $66.98 0261-411-38 $66.98 0261-421-08 $66.98
0261-403-31 $66.98 0261-411-39 $66.98 0261-421-09 $66.98
0261-403-32 $66.98 0261-411-40 $66.98 0261-421-10 $66.98
0261-403-33 $66.98 0261-411-41 $66.98 0261-421-11 $66.98
0261-403-34 $66.98 0261-411-42 $66.98 0261-421-12 $66.98
0261-403-35 $66.98 0261-411-43 $66.98 0261-421-13 $66.98
0261-411-01 $66.98 0261-411-44 $66.98 0261-421-14 $66.98
0261-411-02 $66.98 0261-411-45 $66.98 0261-421-15 $66.98
0261-411-03 $66.98 0261-411-46 $66.98 0261-421-16 $66.98
0261-411-04 $66.98 0261-411-47 $66.98 0261-421-17 $66.98
0261-411-05 $66.98 0261-411-48 $66.98 0261-421-18 $66.98
0261-411-06 $66.98 0261-411-49 $66.98 0261-421-19 $66.98
0261-411-07 $66.98 0261-411-50 $66.98 0261-421-20 $66.98
0261-411-08 $66.98 0261-411-51 $66.98 0261-421-21 $66.98
0261-411-09 $66.98 0261-411-52 $66.98 0261-421-22 $66.98
0261-411-10 $66.98 0261-411-53 $66.98 0261-421-23 $66.98
0261-411-11 $66.98 0261-411-54 $66.98 0261-431-01 $66.98
0261-411-12 $66.98 0261-411-55 $66.98 0261-431-02 $66.98
0261-411-13 $66.98 0261-411-56 $66.98 0261-431-03 $66.98
0261-411-14 $66.98 0261-411-57 $66.98 0261-431-04 $66.98
0261-411-15 $66.98 0261-411-58 $66.98 0261-431-05 $66.98
8.f
Packet Pg. 312 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 5 of 5 City of San Bernardino
Engineer's Report
CC30 SP33 - AD 976
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-431-06 $66.98 0261-431-31 $66.98 0261-441-20 $66.98
0261-431-07 $66.98 0261-431-32 $66.98 0261-441-21 $66.98
0261-431-08 $66.98 0261-431-33 $66.98 0261-441-22 $66.98
0261-431-09 $66.98 0261-431-34 $66.98 0261-441-23 $66.98
0261-431-10 $66.98 0261-431-35 $66.98 0261-441-24 $66.98
0261-431-11 $66.98 0261-431-36 $66.98 0261-441-25 $66.98
0261-431-12 $66.98 0261-431-37 $66.98 0261-441-26 $66.98
0261-431-13 $66.98 0261-441-01 $66.98 0261-441-27 $66.98
0261-431-14 $66.98 0261-441-02 $66.98 0261-441-28 $66.98
0261-431-15 $66.98 0261-441-03 $66.98 0261-441-29 $66.98
0261-431-16 $66.98 0261-441-04 $66.98 0261-441-30 $66.98
0261-431-17 $66.98 0261-441-05 $66.98 0261-441-31 $66.98
0261-431-18 $66.98 0261-441-06 $66.98 0261-441-32 $66.98
0261-431-19 $66.98 0261-441-07 $66.98 0261-441-33 $66.98
0261-431-20 $66.98 0261-441-09 $66.98 0261-441-34 $66.98
0261-431-21 $66.98 0261-441-10 $66.98 0261-441-35 $66.98
0261-431-22 $66.98 0261-441-11 $66.98 0261-441-36 $66.98
0261-431-23 $66.98 0261-441-12 $66.98 0261-441-37 $66.98
0261-431-24 $66.98 0261-441-13 $66.98 0261-441-38 $66.98
0261-431-25 $66.98 0261-441-14 $66.98 0261-441-39 $66.98
0261-431-26 $66.98 0261-441-15 $66.98 0261-441-40 $66.98
0261-431-27 $66.98 0261-441-16 $66.98 0261-441-41 $66.98
0261-431-28 $66.98 0261-441-17 $66.98 0261-441-42 $66.98
0261-431-29 $66.98 0261-441-18 $66.98 0261-441-43 $66.98
0261-431-30 $66.98 0261-441-19 $66.98 0261-441-45 $66.98
Totals Parcels 591 Levy $39,585.18
8.f
Packet Pg. 313 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP35 - AD 981
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-651-01 $61.02 0142-651-44 $61.02 0142-661-30 $61.02
0142-651-02 $61.02 0142-651-45 $61.02 0142-661-31 $61.02
0142-651-03 $61.02 0142-651-46 $61.02 0142-661-32 $61.02
0142-651-04 $61.02 0142-651-47 $61.02 0142-661-33 $61.02
0142-651-05 $61.02 0142-651-48 $61.02 0142-661-34 $61.02
0142-651-06 $61.02 0142-651-49 $61.02 0142-661-35 $61.02
0142-651-07 $61.02 0142-651-50 $61.02 0142-661-36 $61.02
0142-651-08 $61.02 0142-651-51 $61.02 0142-661-37 $61.02
0142-651-09 $61.02 0142-651-52 $61.02 0142-661-38 $61.02
0142-651-10 $61.02 0142-651-53 $61.02 0142-661-40 $61.02
0142-651-11 $61.02 0142-651-54 $61.02 0142-661-41 $61.02
0142-651-12 $61.02 0142-651-55 $61.02 0142-661-42 $61.02
0142-651-13 $61.02 0142-651-56 $61.02 0142-661-43 $61.02
0142-651-14 $61.02 0142-651-57 $61.02 0142-661-44 $61.02
0142-651-15 $61.02 0142-661-01 $61.02 0142-661-45 $61.02
0142-651-16 $61.02 0142-661-02 $61.02 0142-661-46 $61.02
0142-651-17 $61.02 0142-661-03 $61.02 0142-661-47 $61.02
0142-651-18 $61.02 0142-661-04 $61.02 0142-661-48 $61.02
0142-651-19 $61.02 0142-661-05 $61.02 0142-661-49 $61.02
0142-651-20 $61.02 0142-661-06 $61.02 0142-661-50 $61.02
0142-651-21 $61.02 0142-661-07 $61.02 0142-661-51 $61.02
0142-651-22 $61.02 0142-661-08 $61.02 0142-661-52 $61.02
0142-651-23 $61.02 0142-661-09 $61.02 0142-661-53 $61.02
0142-651-24 $61.02 0142-661-10 $61.02 0142-661-54 $61.02
0142-651-25 $61.02 0142-661-11 $61.02 0142-661-55 $61.02
0142-651-26 $61.02 0142-661-12 $61.02 0142-661-56 $61.02
0142-651-27 $61.02 0142-661-13 $61.02 0142-661-57 $61.02
0142-651-28 $61.02 0142-661-14 $61.02 0142-661-58 $61.02
0142-651-29 $61.02 0142-661-15 $61.02 0142-661-59 $61.02
0142-651-30 $61.02 0142-661-16 $61.02 0142-661-60 $61.02
0142-651-31 $61.02 0142-661-17 $61.02 0142-661-61 $61.02
0142-651-32 $61.02 0142-661-18 $61.02 0142-661-62 $61.02
0142-651-33 $61.02 0142-661-19 $61.02 0142-661-63 $61.02
0142-651-34 $61.02 0142-661-20 $61.02 0142-661-64 $61.02
0142-651-35 $61.02 0142-661-21 $61.02 0142-661-65 $61.02
0142-651-36 $61.02 0142-661-22 $61.02 0142-661-66 $61.02
0142-651-37 $61.02 0142-661-23 $61.02 0142-661-67 $61.02
0142-651-38 $61.02 0142-661-24 $61.02 0142-661-68 $61.02
0142-651-39 $61.02 0142-661-25 $61.02 0142-661-69 $61.02
0142-651-40 $61.02 0142-661-26 $61.02 0142-661-70 $61.02
0142-651-41 $61.02 0142-661-27 $61.02 0142-661-71 $61.02
0142-651-42 $61.02 0142-661-28 $61.02 0142-661-72 $61.02
0142-651-43 $61.02 0142-661-29 $61.02 0142-661-73 $61.02
Assessment Roll
8.f
Packet Pg. 314 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP35 - AD 981
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0142-661-74 $61.02 0142-671-36 $61.02 0142-671-75 $61.02
0142-661-75 $61.02 0142-671-37 $61.02 0142-671-76 $61.02
0142-661-76 $61.02 0142-671-38 $61.02 0142-671-77 $61.02
0142-661-77 $61.02 0142-671-39 $61.02 0142-781-01 $61.02
0142-671-01 $61.02 0142-671-40 $61.02 0142-781-02 $61.02
0142-671-02 $61.02 0142-671-41 $61.02 0142-781-03 $61.02
0142-671-03 $61.02 0142-671-42 $61.02 0142-781-04 $61.02
0142-671-04 $61.02 0142-671-43 $61.02 0142-781-05 $61.02
0142-671-05 $61.02 0142-671-44 $61.02 0142-781-06 $61.02
0142-671-06 $61.02 0142-671-45 $61.02 0142-781-07 $61.02
0142-671-07 $61.02 0142-671-46 $61.02 0142-781-08 $61.02
0142-671-08 $61.02 0142-671-47 $61.02 0142-781-09 $61.02
0142-671-09 $61.02 0142-671-48 $61.02 0142-781-10 $61.02
0142-671-10 $61.02 0142-671-49 $61.02 0142-781-11 $61.02
0142-671-11 $61.02 0142-671-50 $61.02 0142-781-12 $61.02
0142-671-12 $61.02 0142-671-51 $61.02 0142-781-13 $61.02
0142-671-13 $61.02 0142-671-52 $61.02 0142-781-14 $61.02
0142-671-14 $61.02 0142-671-53 $61.02 0142-781-15 $61.02
0142-671-15 $61.02 0142-671-54 $61.02 0142-781-16 $61.02
0142-671-16 $61.02 0142-671-55 $61.02 0142-781-17 $61.02
0142-671-17 $61.02 0142-671-56 $61.02 0142-781-18 $61.02
0142-671-18 $61.02 0142-671-57 $61.02 0142-781-19 $61.02
0142-671-19 $61.02 0142-671-58 $61.02 0142-781-20 $61.02
0142-671-20 $61.02 0142-671-59 $61.02 0142-781-21 $61.02
0142-671-21 $61.02 0142-671-60 $61.02 0142-781-22 $61.02
0142-671-22 $61.02 0142-671-61 $61.02 0142-781-23 $61.02
0142-671-23 $61.02 0142-671-62 $61.02 0142-781-24 $61.02
0142-671-24 $61.02 0142-671-63 $61.02 0142-781-25 $61.02
0142-671-25 $61.02 0142-671-64 $61.02 0142-781-26 $61.02
0142-671-26 $61.02 0142-671-65 $61.02 0142-781-27 $61.02
0142-671-27 $61.02 0142-671-66 $61.02 0142-781-28 $61.02
0142-671-28 $61.02 0142-671-67 $61.02 0142-781-29 $61.02
0142-671-29 $61.02 0142-671-68 $61.02 0142-781-30 $61.02
0142-671-30 $61.02 0142-671-69 $61.02 0142-781-31 $61.02
0142-671-31 $61.02 0142-671-70 $61.02 0142-781-32 $61.02
0142-671-32 $61.02 0142-671-71 $61.02 0142-781-33 $61.02
0142-671-33 $61.02 0142-671-72 $61.02 0142-781-34 $61.02
0142-671-34 $61.02 0142-671-73 $61.02 0142-781-35 $61.02
0142-671-35 $61.02 0142-671-74 $61.02 0142-781-36 $61.02
Totals Parcels 246 Levy $15,010.92
8.f
Packet Pg. 315 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP36 - AD 982
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0285-325-37 $102.36 0285-325-69 $102.36 0285-992-14 $102.36
0285-325-38 $102.36 0285-325-70 $102.36 0285-992-15 $102.36
0285-325-39 $102.36 0285-325-71 $102.36 0285-992-16 $102.36
0285-325-40 $102.36 0285-325-72 $102.36 0285-992-17 $102.36
0285-325-41 $102.36 0285-325-73 $102.36 0285-992-20 $102.36
0285-325-42 $102.36 0285-325-74 $102.36 0285-992-21 $102.36
0285-325-43 $102.36 0285-325-75 $102.36 0285-992-22 $102.36
0285-325-44 $102.36 0285-325-76 $102.36 0285-992-23 $102.36
0285-325-45 $102.36 0285-325-77 $102.36 0285-992-24 $102.36
0285-325-46 $102.36 0285-325-78 $102.36 0285-992-25 $102.36
0285-325-47 $102.36 0285-325-79 $102.36 0285-992-26 $102.36
0285-325-48 $102.36 0285-325-80 $102.36 0285-992-27 $102.36
0285-325-49 $102.36 0285-325-81 $102.36 0285-992-28 $102.36
0285-325-50 $102.36 0285-325-82 $102.36 0285-992-29 $102.36
0285-325-51 $102.36 0285-781-49 $102.36 0285-992-30 $102.36
0285-325-52 $102.36 0285-781-50 $102.36 0285-992-31 $102.36
0285-325-53 $102.36 0285-781-51 $102.36 0285-992-32 $102.36
0285-325-54 $102.36 0285-781-52 $102.36 0285-992-33 $102.36
0285-325-55 $102.36 0285-781-53 $102.36 0285-992-34 $102.36
0285-325-56 $102.36 0285-781-54 $102.36 0285-992-35 $102.36
0285-325-57 $102.36 0285-781-55 $102.36 0285-992-36 $102.36
0285-325-58 $102.36 0285-992-01 $102.36 0285-992-37 $102.36
0285-325-59 $102.36 0285-992-02 $102.36 0285-992-38 $102.36
0285-325-60 $102.36 0285-992-03 $102.36 0285-992-39 $102.36
0285-325-61 $102.36 0285-992-04 $102.36 0285-992-40 $102.36
0285-325-62 $102.36 0285-992-05 $102.36 0285-992-41 $102.36
0285-325-63 $102.36 0285-992-06 $102.36 0285-992-42 $102.36
0285-325-64 $102.36 0285-992-07 $102.36 0285-992-43 $102.36
0285-325-65 $102.36 0285-992-10 $102.36 0285-992-44 $102.36
0285-325-66 $102.36 0285-992-11 $102.36 0285-992-47 $102.36
0285-325-67 $102.36 0285-992-12 $102.36 0285-992-48 $102.36
0285-325-68 $102.36 0285-992-13 $102.36 0285-992-49 $102.36
Totals Parcels 96 Levy $9,826.56
Assessment Roll
8.f
Packet Pg. 316 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP42 - AD 986
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-681-01 $91.42 0142-681-44 $91.42 0142-681-87 $91.42
0142-681-02 $91.42 0142-681-45 $91.42 0142-681-88 $91.42
0142-681-03 $91.42 0142-681-46 $91.42 0142-681-89 $91.42
0142-681-04 $91.42 0142-681-47 $91.42 0142-681-90 $91.42
0142-681-05 $91.42 0142-681-48 $91.42 0142-681-91 $91.42
0142-681-06 $91.42 0142-681-49 $91.42 0142-681-92 $91.42
0142-681-07 $91.42 0142-681-50 $91.42 0142-681-93 $91.42
0142-681-08 $91.42 0142-681-51 $91.42 0142-681-94 $91.42
0142-681-09 $91.42 0142-681-52 $91.42 0142-681-95 $91.42
0142-681-10 $91.42 0142-681-53 $91.42 0142-681-96 $91.42
0142-681-11 $91.42 0142-681-54 $91.42 0142-721-01 $91.42
0142-681-12 $91.42 0142-681-55 $91.42 0142-721-02 $91.42
0142-681-13 $91.42 0142-681-56 $91.42 0142-721-03 $91.42
0142-681-14 $91.42 0142-681-57 $91.42 0142-721-04 $91.42
0142-681-15 $91.42 0142-681-58 $91.42 0142-721-05 $91.42
0142-681-16 $91.42 0142-681-59 $91.42 0142-721-06 $91.42
0142-681-17 $91.42 0142-681-60 $91.42 0142-721-07 $91.42
0142-681-18 $91.42 0142-681-61 $91.42 0142-721-08 $91.42
0142-681-19 $91.42 0142-681-62 $91.42 0142-721-09 $91.42
0142-681-20 $91.42 0142-681-63 $91.42 0142-721-10 $91.42
0142-681-21 $91.42 0142-681-64 $91.42 0142-721-11 $91.42
0142-681-22 $91.42 0142-681-65 $91.42 0142-721-12 $91.42
0142-681-23 $91.42 0142-681-66 $91.42 0142-721-13 $91.42
0142-681-24 $91.42 0142-681-67 $91.42 0142-721-14 $91.42
0142-681-25 $91.42 0142-681-68 $91.42 0142-721-15 $91.42
0142-681-26 $91.42 0142-681-69 $91.42 0142-721-16 $91.42
0142-681-27 $91.42 0142-681-70 $91.42 0142-721-17 $91.42
0142-681-28 $91.42 0142-681-71 $91.42 0142-721-18 $91.42
0142-681-29 $91.42 0142-681-72 $91.42 0142-721-19 $91.42
0142-681-30 $91.42 0142-681-73 $91.42 0142-721-20 $91.42
0142-681-31 $91.42 0142-681-74 $91.42 0142-721-21 $91.42
0142-681-32 $91.42 0142-681-75 $91.42 0142-721-22 $91.42
0142-681-33 $91.42 0142-681-76 $91.42 0142-721-23 $91.42
0142-681-34 $91.42 0142-681-77 $91.42 0142-721-24 $91.42
0142-681-35 $91.42 0142-681-78 $91.42 0142-721-25 $91.42
0142-681-36 $91.42 0142-681-79 $91.42 0142-721-26 $91.42
0142-681-37 $91.42 0142-681-80 $91.42 0142-721-27 $91.42
0142-681-38 $91.42 0142-681-81 $91.42 0142-721-28 $91.42
0142-681-39 $91.42 0142-681-82 $91.42 0142-721-29 $91.42
0142-681-40 $91.42 0142-681-83 $91.42 0142-721-30 $91.42
0142-681-41 $91.42 0142-681-84 $91.42 0142-721-31 $91.42
0142-681-42 $91.42 0142-681-85 $91.42 0142-721-32 $91.42
0142-681-43 $91.42 0142-681-86 $91.42 0142-721-33 $91.42
Assessment Roll
8.f
Packet Pg. 317 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP42 - AD 986
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0142-721-34 $91.42 0142-731-12 $91.42 0142-731-27 $91.42
0142-721-35 $91.42 0142-731-13 $91.42 0142-731-28 $91.42
0142-721-36 $91.42 0142-731-14 $91.42 0142-731-29 $91.42
0142-721-37 $91.42 0142-731-15 $91.42 0142-731-30 $91.42
0142-731-01 $91.42 0142-731-16 $91.42 0142-731-31 $91.42
0142-731-02 $91.42 0142-731-17 $91.42 0142-731-32 $91.42
0142-731-03 $91.42 0142-731-18 $91.42 0142-731-33 $91.42
0142-731-04 $91.42 0142-731-19 $91.42 0142-731-34 $91.42
0142-731-05 $91.42 0142-731-20 $91.42 0142-731-35 $91.42
0142-731-06 $91.42 0142-731-21 $91.42 0142-731-36 $91.42
0142-731-07 $91.42 0142-731-22 $91.42 0142-731-37 $91.42
0142-731-08 $91.42 0142-731-23 $91.42 0142-731-38 $91.42
0142-731-09 $91.42 0142-731-24 $91.42 0142-731-39 $91.42
0142-731-10 $91.42 0142-731-25 $91.42 0142-731-40 $91.42
0142-731-11 $91.42 0142-731-26 $91.42
Totals Parcels 173 Levy $15,815.66
8.f
Packet Pg. 318 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP45 - AD 989
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-691-01 $56.30 0142-691-44 $56.30 0142-701-19 $56.30
0142-691-02 $56.30 0142-691-45 $56.30 0142-701-20 $56.30
0142-691-03 $56.30 0142-691-46 $56.30 0142-701-21 $56.30
0142-691-04 $56.30 0142-691-47 $56.30 0142-701-22 $56.30
0142-691-05 $56.30 0142-691-48 $56.30 0142-701-23 $56.30
0142-691-06 $56.30 0142-691-49 $56.30 0142-701-24 $56.30
0142-691-07 $56.30 0142-691-50 $56.30 0142-701-25 $56.30
0142-691-08 $56.30 0142-691-51 $56.30 0142-701-26 $56.30
0142-691-09 $56.30 0142-691-52 $56.30 0142-701-27 $56.30
0142-691-10 $56.30 0142-691-53 $56.30 0142-701-28 $56.30
0142-691-11 $56.30 0142-691-54 $56.30 0142-701-29 $56.30
0142-691-12 $56.30 0142-691-55 $56.30 0142-701-30 $56.30
0142-691-13 $56.30 0142-691-56 $56.30 0142-701-31 $56.30
0142-691-14 $56.30 0142-691-57 $56.30 0142-701-32 $56.30
0142-691-15 $56.30 0142-691-58 $56.30 0142-701-33 $56.30
0142-691-16 $56.30 0142-691-59 $56.30 0142-701-34 $56.30
0142-691-17 $56.30 0142-691-60 $56.30 0142-701-35 $56.30
0142-691-18 $56.30 0142-691-61 $56.30 0142-701-36 $56.30
0142-691-19 $56.30 0142-691-62 $56.30 0142-701-37 $56.30
0142-691-20 $56.30 0142-691-63 $56.30 0142-701-38 $56.30
0142-691-21 $56.30 0142-691-64 $56.30 0142-701-39 $56.30
0142-691-22 $56.30 0142-691-65 $56.30 0142-701-40 $56.30
0142-691-23 $56.30 0142-691-66 $56.30 0142-701-41 $56.30
0142-691-24 $56.30 0142-691-67 $56.30 0142-701-42 $56.30
0142-691-25 $56.30 0142-691-68 $56.30 0142-701-43 $56.30
0142-691-26 $56.30 0142-701-01 $56.30 0142-701-44 $56.30
0142-691-27 $56.30 0142-701-02 $56.30 0142-701-45 $56.30
0142-691-28 $56.30 0142-701-03 $56.30 0142-701-46 $56.30
0142-691-29 $56.30 0142-701-04 $56.30 0142-701-47 $56.30
0142-691-30 $56.30 0142-701-05 $56.30 0142-701-48 $56.30
0142-691-31 $56.30 0142-701-06 $56.30 0142-701-49 $56.30
0142-691-32 $56.30 0142-701-07 $56.30 0142-701-50 $56.30
0142-691-33 $56.30 0142-701-08 $56.30 0142-701-51 $56.30
0142-691-34 $56.30 0142-701-09 $56.30 0142-701-52 $56.30
0142-691-35 $56.30 0142-701-10 $56.30 0142-701-53 $56.30
0142-691-36 $56.30 0142-701-11 $56.30 0142-701-54 $56.30
0142-691-37 $56.30 0142-701-12 $56.30 0142-701-55 $56.30
0142-691-38 $56.30 0142-701-13 $56.30 0142-701-56 $56.30
0142-691-39 $56.30 0142-701-14 $56.30 0142-701-57 $56.30
0142-691-40 $56.30 0142-701-15 $56.30 0142-701-58 $56.30
0142-691-41 $56.30 0142-701-16 $56.30 0142-701-59 $56.30
0142-691-42 $56.30 0142-701-17 $56.30 0142-701-60 $56.30
0142-691-43 $56.30 0142-701-18 $56.30 0142-701-61 $56.30
Assessment Roll
8.f
Packet Pg. 319 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP45 - AD 989
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0142-701-62 $56.30 0142-711-09 $56.30 0142-711-35 $56.30
0142-701-63 $56.30 0142-711-10 $56.30 0142-711-36 $56.30
0142-701-64 $56.30 0142-711-11 $56.30 0142-711-37 $56.30
0142-701-65 $56.30 0142-711-12 $56.30 0142-711-38 $56.30
0142-701-66 $56.30 0142-711-13 $56.30 0142-711-39 $56.30
0142-701-67 $56.30 0142-711-14 $56.30 0142-711-40 $56.30
0142-701-68 $56.30 0142-711-15 $56.30 0142-711-41 $56.30
0142-701-69 $56.30 0142-711-16 $56.30 0142-711-42 $56.30
0142-701-70 $56.30 0142-711-17 $56.30 0142-711-43 $56.30
0142-701-71 $56.30 0142-711-18 $56.30 0142-711-44 $56.30
0142-701-72 $56.30 0142-711-19 $56.30 0142-711-45 $56.30
0142-701-73 $56.30 0142-711-20 $56.30 0142-711-46 $56.30
0142-701-74 $56.30 0142-711-21 $56.30 0142-711-47 $56.30
0142-701-75 $56.30 0142-711-22 $56.30 0142-711-48 $56.30
0142-701-76 $56.30 0142-711-23 $56.30 0142-711-49 $56.30
0142-701-77 $56.30 0142-711-24 $56.30 0142-711-50 $56.30
0142-701-78 $56.30 0142-711-25 $56.30 0142-711-51 $56.30
0142-701-79 $56.30 0142-711-26 $56.30 0142-711-52 $56.30
0142-701-80 $56.30 0142-711-27 $56.30 0142-711-53 $56.30
0142-711-01 $56.30 0142-711-28 $56.30 0142-711-54 $56.30
0142-711-02 $56.30 0142-711-29 $56.30 0142-711-55 $56.30
0142-711-03 $56.30 0142-711-30 $56.30 0142-711-56 $56.30
0142-711-04 $56.30 0142-711-31 $56.30 0142-711-57 $56.30
0142-711-05 $56.30 0142-711-32 $56.30 0142-711-58 $56.30
0142-711-06 $56.30 0142-711-33 $56.30 0142-711-59 $56.30
0142-711-07 $56.30 0142-711-34 $56.30 0142-711-60 $56.30
0142-711-08 $56.30
Totals Parcels 208 Levy $11,710.40
8.f
Packet Pg. 320 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP47 - AD 991
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-471-01 $191.80 0261-471-44 $191.80 0261-491-42 $191.80
0261-471-02 $191.80 0261-471-45 $191.80 0261-491-43 $191.80
0261-471-03 $191.80 0261-491-01 $191.80 0261-491-44 $191.80
0261-471-04 $191.80 0261-491-02 $191.80 0261-491-45 $191.80
0261-471-05 $191.80 0261-491-03 $191.80 0261-511-01 $191.80
0261-471-06 $191.80 0261-491-04 $191.80 0261-511-02 $191.80
0261-471-07 $191.80 0261-491-05 $191.80 0261-511-03 $191.80
0261-471-08 $191.80 0261-491-06 $191.80 0261-511-04 $191.80
0261-471-09 $191.80 0261-491-07 $191.80 0261-511-05 $191.80
0261-471-10 $191.80 0261-491-08 $191.80 0261-511-06 $191.80
0261-471-11 $191.80 0261-491-09 $191.80 0261-511-07 $191.80
0261-471-12 $191.80 0261-491-10 $191.80 0261-511-08 $191.80
0261-471-13 $191.80 0261-491-11 $191.80 0261-511-09 $191.80
0261-471-14 $191.80 0261-491-12 $191.80 0261-511-10 $191.80
0261-471-15 $191.80 0261-491-13 $191.80 0261-511-11 $191.80
0261-471-16 $191.80 0261-491-14 $191.80 0261-511-12 $191.80
0261-471-17 $191.80 0261-491-15 $191.80 0261-511-13 $191.80
0261-471-18 $191.80 0261-491-16 $191.80 0261-511-14 $191.80
0261-471-19 $191.80 0261-491-17 $191.80 0261-511-15 $191.80
0261-471-20 $191.80 0261-491-18 $191.80 0261-511-16 $191.80
0261-471-21 $191.80 0261-491-19 $191.80 0261-511-17 $191.80
0261-471-22 $191.80 0261-491-20 $191.80 0261-511-18 $191.80
0261-471-23 $191.80 0261-491-21 $191.80 0261-511-19 $191.80
0261-471-24 $191.80 0261-491-22 $191.80 0261-511-20 $191.80
0261-471-25 $191.80 0261-491-23 $191.80 0261-511-21 $191.80
0261-471-26 $191.80 0261-491-24 $191.80 0261-511-22 $191.80
0261-471-27 $191.80 0261-491-25 $191.80 0261-511-23 $191.80
0261-471-28 $191.80 0261-491-26 $191.80 0261-511-24 $191.80
0261-471-29 $191.80 0261-491-27 $191.80 0261-511-25 $191.80
0261-471-30 $191.80 0261-491-28 $191.80 0261-511-26 $191.80
0261-471-31 $191.80 0261-491-29 $191.80 0261-511-27 $191.80
0261-471-32 $191.80 0261-491-30 $191.80 0261-511-28 $191.80
0261-471-33 $191.80 0261-491-31 $191.80 0261-511-29 $191.80
0261-471-34 $191.80 0261-491-32 $191.80 0261-511-30 $191.80
0261-471-35 $191.80 0261-491-33 $191.80 0261-511-31 $191.80
0261-471-36 $191.80 0261-491-34 $191.80 0261-511-32 $191.80
0261-471-37 $191.80 0261-491-35 $191.80 0261-511-33 $191.80
0261-471-38 $191.80 0261-491-36 $191.80 0261-511-34 $191.80
0261-471-39 $191.80 0261-491-37 $191.80 0261-511-35 $191.80
0261-471-40 $191.80 0261-491-38 $191.80 0261-511-36 $191.80
0261-471-41 $191.80 0261-491-39 $191.80 0261-511-37 $191.80
0261-471-42 $191.80 0261-491-40 $191.80 0261-511-38 $191.80
0261-471-43 $191.80 0261-491-41 $191.80 0261-511-39 $191.80
Assessment Roll
8.f
Packet Pg. 321 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP47 - AD 991
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-511-40 $191.80 0261-511-43 $191.80 0261-511-46 $191.80
0261-511-41 $191.80 0261-511-44 $191.80 0261-511-47 $191.80
0261-511-42 $191.80 0261-511-45 $191.80 0261-511-48 $191.80
Totals Parcels 138 Levy $26,468.40
8.f
Packet Pg. 322 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 3 City of San Bernardino
Engineer's Report
CC30 SP72 - AD 993
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0262-251-01 $89.26 0262-251-45 $89.26 0262-261-26 $89.26
0262-251-02 $89.26 0262-251-46 $89.26 0262-261-27 $89.26
0262-251-03 $89.26 0262-251-47 $89.26 0262-261-28 $89.26
0262-251-04 $89.26 0262-251-48 $89.26 0262-261-29 $89.26
0262-251-05 $89.26 0262-251-49 $89.26 0262-261-30 $89.26
0262-251-06 $89.26 0262-251-50 $89.26 0262-261-31 $89.26
0262-251-07 $89.26 0262-251-51 $89.26 0262-261-32 $89.26
0262-251-08 $89.26 0262-251-52 $89.26 0262-261-33 $89.26
0262-251-09 $89.26 0262-251-53 $89.26 0262-261-34 $89.26
0262-251-10 $89.26 0262-251-54 $89.26 0262-261-35 $89.26
0262-251-11 $89.26 0262-251-55 $89.26 0262-261-36 $89.26
0262-251-12 $89.26 0262-251-56 $89.26 0262-261-37 $89.26
0262-251-13 $89.26 0262-251-57 $89.26 0262-261-38 $89.26
0262-251-14 $89.26 0262-251-58 $89.26 0262-261-39 $89.26
0262-251-15 $89.26 0262-251-59 $89.26 0262-261-40 $89.26
0262-251-16 $89.26 0262-251-60 $89.26 0262-261-41 $89.26
0262-251-17 $89.26 0262-251-61 $89.26 0262-261-42 $89.26
0262-251-18 $89.26 0262-251-62 $89.26 0262-261-43 $89.26
0262-251-19 $89.26 0262-261-01 $89.26 0262-261-44 $89.26
0262-251-20 $89.26 0262-261-02 $89.26 0262-261-45 $89.26
0262-251-21 $89.26 0262-261-03 $89.26 0262-261-46 $89.26
0262-251-22 $89.26 0262-261-04 $89.26 0262-261-47 $89.26
0262-251-23 $89.26 0262-261-05 $89.26 0262-261-48 $89.26
0262-251-24 $89.26 0262-261-06 $89.26 0262-261-49 $89.26
0262-251-25 $89.26 0262-261-07 $89.26 0262-261-50 $89.26
0262-251-26 $89.26 0262-261-08 $89.26 0262-261-51 $89.26
0262-251-27 $89.26 0262-261-09 $89.26 0262-261-52 $89.26
0262-251-28 $89.26 0262-261-10 $89.26 0262-261-53 $89.26
0262-251-30 $89.26 0262-261-11 $89.26 0262-261-54 $89.26
0262-251-31 $89.26 0262-261-12 $89.26 0262-261-55 $89.26
0262-251-32 $89.26 0262-261-13 $89.26 0262-261-56 $89.26
0262-251-33 $89.26 0262-261-14 $89.26 0262-261-57 $89.26
0262-251-34 $89.26 0262-261-15 $89.26 0262-261-58 $89.26
0262-251-35 $89.26 0262-261-16 $89.26 0262-261-59 $89.26
0262-251-36 $89.26 0262-261-17 $89.26 0262-261-60 $89.26
0262-251-37 $89.26 0262-261-18 $89.26 0262-261-61 $89.26
0262-251-38 $89.26 0262-261-19 $89.26 0262-261-62 $89.26
0262-251-39 $89.26 0262-261-20 $89.26 0262-261-63 $89.26
0262-251-40 $89.26 0262-261-21 $89.26 0262-261-64 $89.26
0262-251-41 $89.26 0262-261-22 $89.26 0262-271-01 $89.26
0262-251-42 $89.26 0262-261-23 $89.26 0262-271-02 $89.26
0262-251-43 $89.26 0262-261-24 $89.26 0262-271-03 $89.26
0262-251-44 $89.26 0262-261-25 $89.26 0262-271-04 $89.26
Assessment Roll
8.f
Packet Pg. 323 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 3 City of San Bernardino
Engineer's Report
CC30 SP72 - AD 993
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0262-271-05 $89.26 0262-271-48 $89.26 0262-281-26 $89.26
0262-271-06 $89.26 0262-271-49 $89.26 0262-281-27 $89.26
0262-271-07 $89.26 0262-271-50 $89.26 0262-281-28 $89.26
0262-271-08 $89.26 0262-271-51 $89.26 0262-281-29 $89.26
0262-271-09 $89.26 0262-271-52 $89.26 0262-281-30 $89.26
0262-271-10 $89.26 0262-271-53 $89.26 0262-281-31 $89.26
0262-271-11 $89.26 0262-271-54 $89.26 0262-281-32 $89.26
0262-271-12 $89.26 0262-271-55 $89.26 0262-281-33 $89.26
0262-271-13 $89.26 0262-271-56 $89.26 0262-281-34 $89.26
0262-271-14 $89.26 0262-271-57 $89.26 0262-281-35 $89.26
0262-271-15 $89.26 0262-271-58 $89.26 0262-281-36 $89.26
0262-271-16 $89.26 0262-271-59 $89.26 0262-281-37 $89.26
0262-271-17 $89.26 0262-271-60 $89.26 0262-281-38 $89.26
0262-271-18 $89.26 0262-271-61 $89.26 0262-281-39 $89.26
0262-271-19 $89.26 0262-271-62 $89.26 0262-281-40 $89.26
0262-271-20 $89.26 0262-271-63 $89.26 0262-281-41 $89.26
0262-271-21 $89.26 0262-271-64 $89.26 0262-281-42 $89.26
0262-271-22 $89.26 0262-271-65 $89.26 0262-281-43 $89.26
0262-271-23 $89.26 0262-281-01 $89.26 0262-281-44 $89.26
0262-271-24 $89.26 0262-281-02 $89.26 0262-281-45 $89.26
0262-271-25 $89.26 0262-281-03 $89.26 0262-281-46 $89.26
0262-271-26 $89.26 0262-281-04 $89.26 0262-281-47 $89.26
0262-271-27 $89.26 0262-281-05 $89.26 0262-281-48 $89.26
0262-271-28 $89.26 0262-281-06 $89.26 0262-281-49 $89.26
0262-271-29 $89.26 0262-281-07 $89.26 0262-281-50 $89.26
0262-271-30 $89.26 0262-281-08 $89.26 0262-281-51 $89.26
0262-271-31 $89.26 0262-281-09 $89.26 0262-281-52 $89.26
0262-271-32 $89.26 0262-281-10 $89.26 0262-281-53 $89.26
0262-271-33 $89.26 0262-281-11 $89.26 0262-281-54 $89.26
0262-271-34 $89.26 0262-281-12 $89.26 0262-281-55 $89.26
0262-271-35 $89.26 0262-281-13 $89.26 0262-281-56 $89.26
0262-271-36 $89.26 0262-281-14 $89.26 0262-281-57 $89.26
0262-271-37 $89.26 0262-281-15 $89.26 0262-281-58 $89.26
0262-271-38 $89.26 0262-281-16 $89.26 0262-281-59 $89.26
0262-271-39 $89.26 0262-281-17 $89.26 0262-281-60 $89.26
0262-271-40 $89.26 0262-281-18 $89.26 0262-281-61 $89.26
0262-271-41 $89.26 0262-281-19 $89.26 0262-281-62 $89.26
0262-271-42 $89.26 0262-281-20 $89.26 0262-281-63 $89.26
0262-271-43 $89.26 0262-281-21 $89.26 0262-281-64 $89.26
0262-271-44 $89.26 0262-281-22 $89.26 0262-281-65 $89.26
0262-271-45 $89.26 0262-281-23 $89.26 0262-281-66 $89.26
0262-271-46 $89.26 0262-281-24 $89.26 0262-281-67 $89.26
0262-271-47 $89.26 0262-281-25 $89.26 0262-281-68 $89.26
8.f
Packet Pg. 324 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 3 of 3 City of San Bernardino
Engineer's Report
CC30 SP72 - AD 993
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0262-281-69 $89.26 0262-281-76 $89.26 0262-281-83 $89.26
0262-281-70 $89.26 0262-281-77 $89.26 0262-281-84 $89.26
0262-281-71 $89.26 0262-281-78 $89.26 0262-281-85 $89.26
0262-281-72 $89.26 0262-281-79 $89.26 0262-281-86 $89.26
0262-281-73 $89.26 0262-281-80 $89.26 0262-281-87 $89.26
0262-281-74 $89.26 0262-281-81 $89.26
0262-281-75 $89.26 0262-281-82 $89.26
Totals Parcels 277 Levy $24,725.02
8.f
Packet Pg. 325 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP53 - AD 997
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-071-11 $23.04 0261-501-09 $23.04 0261-501-52 $23.04
0261-072-09 $317.48 0261-501-10 $23.04 0261-501-53 $23.04
0261-481-01 $23.04 0261-501-11 $23.04 0261-501-54 $23.04
0261-481-02 $23.04 0261-501-12 $23.04 0261-501-55 $23.04
0261-481-03 $23.04 0261-501-13 $23.04 0261-501-56 $23.04
0261-481-04 $23.04 0261-501-14 $23.04 0261-501-57 $23.04
0261-481-05 $23.04 0261-501-15 $23.04 0261-501-58 $23.04
0261-481-06 $23.04 0261-501-16 $23.04 0261-501-59 $23.04
0261-481-07 $23.04 0261-501-17 $23.04 0261-501-60 $23.04
0261-481-08 $23.04 0261-501-18 $23.04 0261-501-61 $23.04
0261-481-09 $23.04 0261-501-19 $23.04 0261-501-62 $23.04
0261-481-10 $23.04 0261-501-20 $23.04 0261-501-63 $23.04
0261-481-11 $23.04 0261-501-21 $23.04 0261-501-64 $23.04
0261-481-12 $23.04 0261-501-22 $23.04 0261-501-65 $23.04
0261-481-13 $23.04 0261-501-23 $23.04 0261-501-66 $23.04
0261-481-14 $23.04 0261-501-24 $23.04 0261-501-67 $23.04
0261-481-15 $23.04 0261-501-25 $23.04 0261-501-68 $23.04
0261-481-16 $23.04 0261-501-26 $23.04 0261-501-69 $23.04
0261-481-17 $23.04 0261-501-27 $23.04 0261-501-70 $23.04
0261-481-18 $23.04 0261-501-28 $23.04 0261-661-01 $23.04
0261-481-19 $23.04 0261-501-29 $23.04 0261-661-02 $23.04
0261-481-20 $23.04 0261-501-30 $23.04 0261-661-03 $23.04
0261-481-21 $23.04 0261-501-31 $23.04 0261-661-04 $23.04
0261-481-22 $23.04 0261-501-32 $23.04 0261-661-05 $23.04
0261-481-23 $23.04 0261-501-33 $23.04 0261-661-06 $23.04
0261-481-24 $23.04 0261-501-34 $23.04 0261-661-07 $23.04
0261-481-25 $23.04 0261-501-35 $23.04 0261-661-08 $23.04
0261-481-26 $23.04 0261-501-36 $23.04 0261-661-09 $23.04
0261-481-27 $23.04 0261-501-37 $23.04 0261-661-10 $23.04
0261-481-28 $23.04 0261-501-38 $23.04 0261-661-11 $23.04
0261-481-29 $23.04 0261-501-39 $23.04 0261-661-12 $23.04
0261-481-30 $23.04 0261-501-40 $23.04 0261-661-13 $23.04
0261-481-31 $23.04 0261-501-41 $23.04 0261-661-14 $23.04
0261-481-32 $23.04 0261-501-42 $23.04 0261-661-15 $23.04
0261-481-33 $23.04 0261-501-43 $23.04 0261-661-16 $23.04
0261-501-01 $23.04 0261-501-44 $23.04 0261-661-17 $23.04
0261-501-02 $23.04 0261-501-45 $23.04 0261-661-18 $23.04
0261-501-03 $23.04 0261-501-46 $23.04 0261-661-19 $23.04
0261-501-04 $23.04 0261-501-47 $23.04 0261-661-20 $23.04
0261-501-05 $23.04 0261-501-48 $23.04 0261-661-21 $23.04
0261-501-06 $23.04 0261-501-49 $23.04 0261-661-22 $23.04
0261-501-07 $23.04 0261-501-50 $23.04 0261-661-23 $23.04
0261-501-08 $23.04 0261-501-51 $23.04 0261-661-24 $23.04
Assessment Roll
8.f
Packet Pg. 326 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP53 - AD 997
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0261-661-25 $23.04 0261-661-60 $23.04 0261-671-31 $23.04
0261-661-26 $23.04 0261-661-61 $23.04 0261-671-32 $23.04
0261-661-27 $23.04 0261-661-62 $23.04 0261-671-33 $23.04
0261-661-28 $23.04 0261-661-63 $23.04 0261-671-34 $23.04
0261-661-29 $23.04 0261-661-64 $23.04 0261-671-35 $23.04
0261-661-30 $23.04 0261-671-01 $23.04 0261-671-36 $23.04
0261-661-31 $23.04 0261-671-02 $23.04 0261-671-37 $23.04
0261-661-32 $23.04 0261-671-03 $23.04 0261-671-38 $23.04
0261-661-33 $23.04 0261-671-04 $23.04 0261-671-39 $23.04
0261-661-34 $23.04 0261-671-05 $23.04 0261-671-40 $23.04
0261-661-35 $23.04 0261-671-06 $23.04 0261-671-41 $23.04
0261-661-36 $23.04 0261-671-07 $23.04 0261-671-42 $23.04
0261-661-37 $23.04 0261-671-08 $23.04 0261-671-43 $23.04
0261-661-38 $23.04 0261-671-09 $23.04 0261-671-44 $23.04
0261-661-39 $23.04 0261-671-10 $23.04 0261-671-45 $23.04
0261-661-40 $23.04 0261-671-11 $23.04 0261-671-46 $23.04
0261-661-41 $23.04 0261-671-12 $23.04 0261-671-47 $23.04
0261-661-42 $23.04 0261-671-13 $23.04 0261-671-48 $23.04
0261-661-43 $23.04 0261-671-14 $23.04 0261-671-49 $23.04
0261-661-44 $23.04 0261-671-15 $23.04 0261-671-50 $23.04
0261-661-45 $23.04 0261-671-16 $23.04 0261-671-51 $23.04
0261-661-46 $23.04 0261-671-17 $23.04 0261-671-52 $23.04
0261-661-47 $23.04 0261-671-18 $23.04 0261-671-53 $23.04
0261-661-48 $23.04 0261-671-19 $23.04 0261-671-54 $23.04
0261-661-49 $23.04 0261-671-20 $23.04 0261-671-55 $23.04
0261-661-50 $23.04 0261-671-21 $23.04 0261-671-56 $23.04
0261-661-51 $23.04 0261-671-22 $23.04 0261-671-57 $23.04
0261-661-52 $23.04 0261-671-23 $23.04 0261-671-58 $23.04
0261-661-53 $23.04 0261-671-24 $23.04 0261-671-59 $23.04
0261-661-54 $23.04 0261-671-25 $23.04 0261-671-60 $23.04
0261-661-55 $23.04 0261-671-26 $23.04 0261-671-61 $23.04
0261-661-56 $23.04 0261-671-27 $23.04 0261-671-62 $23.04
0261-661-57 $23.04 0261-671-28 $23.04 0261-671-63 $23.04
0261-661-58 $23.04 0261-671-29 $23.04
0261-661-59 $23.04 0261-671-30 $23.04
Totals Parcels 232 Levy $5,639.72
8.f
Packet Pg. 327 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP73 - AD 1001
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-751-01 $203.54 0142-751-17 $203.54 0142-751-34 $203.54
0142-751-02 $203.54 0142-751-18 $203.54 0142-751-35 $203.54
0142-751-03 $203.54 0142-751-19 $203.54 0142-751-36 $203.54
0142-751-04 $203.54 0142-751-20 $203.54 0142-751-37 $203.54
0142-751-05 $203.54 0142-751-21 $203.54 0142-751-38 $203.54
0142-751-06 $203.54 0142-751-22 $203.54 0142-751-39 $203.54
0142-751-07 $203.54 0142-751-23 $203.54 0142-751-40 $203.54
0142-751-08 $203.54 0142-751-24 $203.54 0142-751-41 $203.54
0142-751-09 $203.54 0142-751-25 $203.54 0142-751-42 $203.54
0142-751-10 $203.54 0142-751-26 $203.54 0142-751-43 $203.54
0142-751-11 $203.54 0142-751-27 $203.54 0142-751-44 $203.54
0142-751-12 $203.54 0142-751-28 $203.54 0142-751-45 $203.54
0142-751-13 $203.54 0142-751-29 $203.54 0142-751-48 $203.54
0142-751-14 $203.54 0142-751-30 $203.54 0142-751-49 $203.54
0142-751-15 $203.54 0142-751-32 $203.54
0142-751-16 $203.54 0142-751-33 $203.54
Totals Parcels 46 Levy $9,362.84
Assessment Roll
8.f
Packet Pg. 328 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 3 City of San Bernardino
Engineer's Report
CC30 SP74 - AD 1002
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0265-301-30 $15.00 0265-301-73 $15.00 0265-311-47 $15.00
0265-301-31 $15.00 0265-301-74 $15.00 0265-311-48 $15.00
0265-301-32 $15.00 0265-301-75 $15.00 0265-311-49 $15.00
0265-301-33 $15.00 0265-301-76 $15.00 0265-311-50 $15.00
0265-301-34 $15.00 0265-301-77 $15.00 0265-311-51 $15.00
0265-301-35 $15.00 0265-301-78 $15.00 0265-311-52 $15.00
0265-301-36 $15.00 0265-301-79 $15.00 0265-311-53 $15.00
0265-301-37 $15.00 0265-301-80 $15.00 0265-321-01 $15.00
0265-301-38 $15.00 0265-301-81 $15.00 0265-321-02 $15.00
0265-301-39 $15.00 0265-301-82 $15.00 0265-321-03 $15.00
0265-301-40 $15.00 0265-301-83 $15.00 0265-321-04 $15.00
0265-301-41 $15.00 0265-301-84 $15.00 0265-321-05 $15.00
0265-301-42 $15.00 0265-301-85 $15.00 0265-321-06 $15.00
0265-301-43 $15.00 0265-301-86 $15.00 0265-321-07 $15.00
0265-301-44 $15.00 0265-301-87 $15.00 0265-321-08 $15.00
0265-301-45 $15.00 0265-311-19 $15.00 0265-321-09 $15.00
0265-301-46 $15.00 0265-311-20 $15.00 0265-321-10 $15.00
0265-301-47 $15.00 0265-311-21 $15.00 0265-321-11 $15.00
0265-301-48 $15.00 0265-311-22 $15.00 0265-321-12 $15.00
0265-301-49 $15.00 0265-311-23 $15.00 0265-321-13 $15.00
0265-301-50 $15.00 0265-311-24 $15.00 0265-321-14 $15.00
0265-301-51 $15.00 0265-311-25 $15.00 0265-321-15 $15.00
0265-301-52 $15.00 0265-311-26 $15.00 0265-321-16 $15.00
0265-301-53 $15.00 0265-311-27 $15.00 0265-321-17 $15.00
0265-301-54 $15.00 0265-311-28 $15.00 0265-321-18 $15.00
0265-301-55 $15.00 0265-311-29 $15.00 0265-321-19 $15.00
0265-301-56 $15.00 0265-311-30 $15.00 0265-321-20 $15.00
0265-301-57 $15.00 0265-311-31 $15.00 0265-321-21 $15.00
0265-301-58 $15.00 0265-311-32 $15.00 0265-321-22 $15.00
0265-301-59 $15.00 0265-311-33 $15.00 0265-321-23 $15.00
0265-301-60 $15.00 0265-311-34 $15.00 0265-321-24 $15.00
0265-301-61 $15.00 0265-311-35 $15.00 0265-321-25 $15.00
0265-301-62 $15.00 0265-311-36 $15.00 0265-321-26 $15.00
0265-301-63 $15.00 0265-311-37 $15.00 0265-321-27 $15.00
0265-301-64 $15.00 0265-311-38 $15.00 0265-321-28 $15.00
0265-301-65 $15.00 0265-311-39 $15.00 0265-321-29 $15.00
0265-301-66 $15.00 0265-311-40 $15.00 0265-321-30 $15.00
0265-301-67 $15.00 0265-311-41 $15.00 0265-321-31 $15.00
0265-301-68 $15.00 0265-311-42 $15.00 0265-321-32 $15.00
0265-301-69 $15.00 0265-311-43 $15.00 0265-321-33 $15.00
0265-301-70 $15.00 0265-311-44 $15.00 0265-321-34 $15.00
0265-301-71 $15.00 0265-311-45 $15.00 0265-321-35 $15.00
0265-301-72 $15.00 0265-311-46 $15.00 0265-321-36 $15.00
Assessment Roll
8.f
Packet Pg. 329 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 2 of 3 City of San Bernardino
Engineer's Report
CC30 SP74 - AD 1002
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0265-321-37 $15.00 0265-321-80 $15.00 0265-331-32 $15.00
0265-321-38 $15.00 0265-321-81 $15.00 0265-331-33 $15.00
0265-321-39 $15.00 0265-321-82 $15.00 0265-331-34 $15.00
0265-321-40 $15.00 0265-321-83 $15.00 0265-331-35 $15.00
0265-321-41 $15.00 0265-321-84 $15.00 0265-331-36 $15.00
0265-321-42 $15.00 0265-321-85 $15.00 0265-331-37 $15.00
0265-321-43 $15.00 0265-321-86 $15.00 0265-331-38 $15.00
0265-321-44 $15.00 0265-321-87 $15.00 0265-331-39 $15.00
0265-321-45 $15.00 0265-321-88 $15.00 0265-331-40 $15.00
0265-321-46 $15.00 0265-321-89 $15.00 0265-331-41 $15.00
0265-321-47 $15.00 0265-321-90 $15.00 0265-331-42 $15.00
0265-321-48 $15.00 0265-321-91 $15.00 0265-331-43 $15.00
0265-321-49 $15.00 0265-331-01 $15.00 0265-331-44 $15.00
0265-321-50 $15.00 0265-331-02 $15.00 0265-331-45 $15.00
0265-321-51 $15.00 0265-331-03 $15.00 0265-331-46 $15.00
0265-321-52 $15.00 0265-331-04 $15.00 0265-331-47 $15.00
0265-321-53 $15.00 0265-331-05 $15.00 0265-331-48 $15.00
0265-321-54 $15.00 0265-331-06 $15.00 0265-331-49 $15.00
0265-321-55 $15.00 0265-331-07 $15.00 0265-331-50 $15.00
0265-321-56 $15.00 0265-331-08 $15.00 0265-331-51 $15.00
0265-321-57 $15.00 0265-331-09 $15.00 0265-331-52 $15.00
0265-321-58 $15.00 0265-331-10 $15.00 0265-331-53 $15.00
0265-321-59 $15.00 0265-331-11 $15.00 0265-331-54 $15.00
0265-321-60 $15.00 0265-331-12 $15.00 0265-331-55 $15.00
0265-321-61 $15.00 0265-331-13 $15.00 0265-331-56 $15.00
0265-321-62 $15.00 0265-331-14 $15.00 0265-331-57 $15.00
0265-321-63 $15.00 0265-331-15 $15.00 0265-331-58 $15.00
0265-321-64 $15.00 0265-331-16 $15.00 0265-331-59 $15.00
0265-321-65 $15.00 0265-331-17 $15.00 0265-331-60 $15.00
0265-321-66 $15.00 0265-331-18 $15.00 0265-331-61 $15.00
0265-321-67 $15.00 0265-331-19 $15.00 0265-331-62 $15.00
0265-321-68 $15.00 0265-331-20 $15.00 0265-331-63 $15.00
0265-321-69 $15.00 0265-331-21 $15.00 0265-331-64 $15.00
0265-321-70 $15.00 0265-331-22 $15.00 0265-331-65 $15.00
0265-321-71 $15.00 0265-331-23 $15.00 0265-331-66 $15.00
0265-321-72 $15.00 0265-331-24 $15.00 0265-331-67 $15.00
0265-321-73 $15.00 0265-331-25 $15.00 0265-331-68 $15.00
0265-321-74 $15.00 0265-331-26 $15.00 0265-331-69 $15.00
0265-321-75 $15.00 0265-331-27 $15.00 0265-331-70 $15.00
0265-321-76 $15.00 0265-331-28 $15.00 0265-341-01 $15.00
0265-321-77 $15.00 0265-331-29 $15.00 0265-341-02 $15.00
0265-321-78 $15.00 0265-331-30 $15.00 0265-341-03 $15.00
0265-321-79 $15.00 0265-331-31 $15.00 0265-341-04 $15.00
8.f
Packet Pg. 330 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 3 of 3 City of San Bernardino
Engineer's Report
CC30 SP74 - AD 1002
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0265-341-05 $15.00 0265-341-15 $15.00 0265-341-25 $15.00
0265-341-06 $15.00 0265-341-16 $15.00 0265-341-26 $15.00
0265-341-07 $15.00 0265-341-17 $15.00 0265-341-27 $15.00
0265-341-08 $15.00 0265-341-18 $15.00 0265-341-28 $15.00
0265-341-09 $15.00 0265-341-19 $15.00 0265-341-29 $15.00
0265-341-10 $15.00 0265-341-20 $15.00 0265-341-30 $15.00
0265-341-11 $15.00 0265-341-21 $15.00 0265-341-31 $15.00
0265-341-12 $15.00 0265-341-22 $15.00 0265-341-32 $15.00
0265-341-13 $15.00 0265-341-23 $15.00
0265-341-14 $15.00 0265-341-24 $15.00
Totals Parcels 286 Levy $4,290.00
8.f
Packet Pg. 331 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP69 - AD 1005
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0262-291-01 $200.94 0262-291-35 $200.94 0262-301-15 $200.94
0262-291-02 $200.94 0262-291-36 $200.94 0262-301-16 $200.94
0262-291-03 $200.94 0262-291-37 $200.94 0262-301-17 $200.94
0262-291-04 $200.94 0262-291-38 $200.94 0262-301-18 $200.94
0262-291-05 $200.94 0262-291-39 $200.94 0262-301-19 $200.94
0262-291-06 $200.94 0262-291-40 $200.94 0262-301-20 $200.94
0262-291-07 $200.94 0262-291-41 $200.94 0262-301-21 $200.94
0262-291-08 $200.94 0262-291-42 $200.94 0262-301-22 $200.94
0262-291-09 $200.94 0262-291-43 $200.94 0262-301-23 $200.94
0262-291-10 $200.94 0262-291-44 $200.94 0262-301-24 $200.94
0262-291-11 $200.94 0262-291-45 $200.94 0262-301-25 $200.94
0262-291-12 $200.94 0262-291-46 $200.94 0262-301-26 $200.94
0262-291-13 $200.94 0262-291-47 $200.94 0262-301-27 $200.94
0262-291-14 $200.94 0262-291-48 $200.94 0262-301-28 $200.94
0262-291-15 $200.94 0262-291-49 $200.94 0262-301-29 $200.94
0262-291-16 $200.94 0262-291-50 $200.94 0262-301-30 $200.94
0262-291-17 $200.94 0262-291-51 $200.94 0262-301-31 $200.94
0262-291-18 $200.94 0262-291-52 $200.94 0262-301-32 $200.94
0262-291-19 $200.94 0262-291-53 $200.94 0262-301-33 $200.94
0262-291-20 $200.94 0262-291-54 $200.94 0262-301-34 $200.94
0262-291-21 $200.94 0262-301-01 $200.94 0262-301-35 $200.94
0262-291-22 $200.94 0262-301-02 $200.94 0262-301-36 $200.94
0262-291-23 $200.94 0262-301-03 $200.94 0262-301-37 $200.94
0262-291-24 $200.94 0262-301-04 $200.94 0262-301-38 $200.94
0262-291-25 $200.94 0262-301-05 $200.94 0262-301-39 $200.94
0262-291-26 $200.94 0262-301-06 $200.94 0262-301-40 $200.94
0262-291-27 $200.94 0262-301-07 $200.94 0262-301-41 $200.94
0262-291-28 $200.94 0262-301-08 $200.94 0262-301-42 $200.94
0262-291-29 $200.94 0262-301-09 $200.94 0262-301-43 $200.94
0262-291-30 $200.94 0262-301-10 $200.94 0262-301-44 $200.94
0262-291-31 $200.94 0262-301-11 $200.94 0262-301-45 $200.94
0262-291-32 $200.94 0262-301-12 $200.94 0262-301-46 $200.94
0262-291-33 $200.94 0262-301-13 $200.94 0262-301-47 $200.94
0262-291-34 $200.94 0262-301-14 $200.94
Totals Parcels 101 Levy $20,294.94
Assessment Roll
8.f
Packet Pg. 332 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP79 - AD 1007
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-761-01 $53.54 0142-771-09 $53.54 0142-771-29 $53.54
0142-761-02 $53.54 0142-771-10 $53.54 0142-771-30 $53.54
0142-761-03 $53.54 0142-771-11 $53.54 0142-771-31 $53.54
0142-761-04 $53.54 0142-771-12 $53.54 0142-771-32 $53.54
0142-761-05 $53.54 0142-771-13 $53.54 0142-771-33 $53.54
0142-761-06 $53.54 0142-771-14 $53.54 0142-771-34 $53.54
0142-761-07 $53.54 0142-771-15 $53.54 0142-771-35 $53.54
0142-761-08 $53.54 0142-771-16 $53.54 0142-771-36 $53.54
0142-761-09 $53.54 0142-771-17 $53.54 0142-771-37 $53.54
0142-761-10 $53.54 0142-771-18 $53.54 0142-771-38 $53.54
0142-761-11 $53.54 0142-771-19 $53.54 0142-771-39 $53.54
0142-761-12 $53.54 0142-771-20 $53.54 0142-771-40 $53.54
0142-771-01 $53.54 0142-771-21 $53.54 0142-771-41 $53.54
0142-771-02 $53.54 0142-771-22 $53.54 0142-771-42 $53.54
0142-771-03 $53.54 0142-771-23 $53.54 0142-771-43 $53.54
0142-771-04 $53.54 0142-771-24 $53.54 0142-771-44 $53.54
0142-771-05 $53.54 0142-771-25 $53.54 0142-771-45 $53.54
0142-771-06 $53.54 0142-771-26 $53.54 0142-771-46 $53.54
0142-771-07 $53.54 0142-771-27 $53.54
0142-771-08 $53.54 0142-771-28 $53.54
Totals Parcels 58 Levy $3,105.32
Assessment Roll
8.f
Packet Pg. 333 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP77 - AD 1012
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-511-27 $450.06 0142-511-33 $450.06 0142-511-39 $450.06
0142-511-28 $450.06 0142-511-34 $450.06 0142-511-40 $450.06
0142-511-29 $450.06 0142-511-35 $450.06 0142-511-41 $450.06
0142-511-30 $450.06 0142-511-36 $450.06 0142-511-42 $450.06
0142-511-31 $450.06 0142-511-37 $450.06
0142-511-32 $450.06 0142-511-38 $450.06
Totals Parcels 16 Levy $7,200.96
Assessment Roll
8.f
Packet Pg. 334 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP81 - AD 1016
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0281-221-16 $77.86 0281-261-47 $77.86 0281-261-59 $77.86
0281-221-17 $77.86 0281-261-48 $77.86 0281-261-60 $77.86
0281-221-18 $77.86 0281-261-49 $77.86 0281-261-61 $77.86
0281-221-19 $77.86 0281-261-50 $77.86 0281-261-62 $77.86
0281-221-20 $77.86 0281-261-51 $77.86 0281-261-63 $77.86
0281-221-21 $77.86 0281-261-52 $77.86 0281-261-64 $77.86
0281-221-22 $77.86 0281-261-53 $77.86 0281-261-65 $77.86
0281-221-23 $77.86 0281-261-54 $77.86 0281-261-66 $77.86
0281-221-24 $77.86 0281-261-55 $77.86 0281-261-67 $77.86
0281-221-25 $77.86 0281-261-56 $77.86 0281-261-68 $77.86
0281-221-26 $77.86 0281-261-57 $77.86 0281-261-69 $77.86
0281-221-27 $77.86 0281-261-58 $77.86 0281-261-70 $77.86
Totals Parcels 36 Levy $2,802.96
Assessment Roll
8.f
Packet Pg. 335 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
APPENDIX B
Assessment Diagrams
8.f
Packet Pg. 336 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
§¨¦215
S
U
N
S
E
T
L
N
KENDALL
DR
BUCKBOARDDRWAGONWHEELRDKENDALL
WAYORANGE AVESURREYLNPEPPERLINDENDR0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 951 ZONE 1
Ê
LANDSCAPING 18,729 sq. ft.
8.f
Packet Pg. 337 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
§¨¦215
CAJON AVE
SUNSET
LNNEWPINEAVE
MASON DRSHERIDAN
RDAUTUMN STJUSTIN CTIRVINGTON AVE
KENDALL
DR
S.B.C.F.C.D.ST
DRORANGE AVE0 400 800200FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
Ê
LANDSCAPING 63,860 sq. ft.
MAINTENANCE ASSESSMENT DISTRICT NO. 951ZONE 2
8.f
Packet Pg. 338 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
C
O
L
L
E
G
E
A
VEC ITAD E LAVEASTERSTJASMINE STCAMBRIDGEAVEAUBURNAVEREVERE AVEKENDALL
DR
LA SALLE AVE
48THCTCLEMSON STUNIVERSALAVEHUMBOLTAVE
N
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T
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BLVD
L
ASAL
L
E
A
V
E
TWINPEAKSDRVARSI
T
Y AVEUNIVERSITYPKWYPEPPERLINDENDR§¨¦215
0 500 1,000250FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 952 ZONE 1
Ê
Landscaping 331,784 sq. ft.Catch Basin
8.f
Packet Pg. 339 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
ALTA
DR
LITTLEMOUNTAINDRKEYSTONE
DR
VAILLN SUNDANCEDRSUNVALL
E
Y
DRNorthstar
Stre
SILVERCREEKRDLAKE PLACID
DR
KENDALL
DR
ASH ST
N
O
R
T
H
PARK
BLVD
VILLA
GEGREENWAYTAMARROW CTUNIVERSITYPKWY0 500 1,000250FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 952ZONE 2
Ê
Landscaping 431,875 sq. ft.
8.f
Packet Pg. 340 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
48TH ST
KEYSTONE
DR
MAMMOTHDRSUNVALLEYDRSTEAMBOAT CIR
LAKE PLACID DR
W R IGTWOOD DR TAMARROW CTBRECKENRIDGE CT
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 952ZONE 2A
Ê
Landscaping 21,869 sq. ft.
8.f
Packet Pg. 341 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
L
A
D
ERARDNORTHPARK BLVD
DOVER DRMAGNOLIA AVEDOVER DR
HILL DRCEDAR DRSIERRAMESARDWESTWIND DRDOVER DR
56TH ST 54TH ST
MOUNTIAN DRWESTERN AVEOSBORNE CTCYPRESS DR0 250 500125FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 952ZONE 3
Ê
Landscaping 49,245 sq. ft.
8.f
Packet Pg. 342 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
SUSIELN16TH ST
MASSARO LNFLORES STPENNSYLVANIASTPENNSYLVANIASTGILBERT ST
17TH ST
LINCOLN ST
GILBERT ST MADISON STELLSWORTH WAYGUMMINGS WAY
CLYDE STGLENVIEW STHANCOCK ST19TH ST
CALFORNIA ST0 200 400100FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 953
Ê
Landscaping 25,696 sq. ft.
8.f
Packet Pg. 343 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
SAN
TIMOTEO
CRK TIPPECANOE AVEHOSPITALITYLNHAR R I M AN PLCARNEGIEDR
VANDERBILT WAY
GAGE CLBRIER DR
§¨¦10
0 500 1,000250FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 956
Ê
Landscaping 309,636 sq. ft.
8.f
Packet Pg. 344 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
G L E NWOOD CT
S H A N DINHILLSC I R
SIERRA VIEW
S
T
AMBERWOOD
CT
MON T ECITOSTS H A D Y CREEK
DR
SHANDINHILLSDRCANYON TERRACEDRORANGE DRGS T
SHERIDAN RD
RIDGE LI N E D R
SHANDINDRKENDALL DR
0 400 800200FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 959ZONE 1
Ê
Landscaping 952,386 sq. ft.
8.f
Packet Pg. 345 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
IRVINGTON AVE
CAJON AVE
OHIO AVE
BAILEYCTLETA LN
SUNSET
LNNEWPINEAVE SHERIDAN
RD CYNTHIASTDEANNA DR
S
HEPHERDDRJUSTIN CTSUNFLOWER AVE
HYATT RD
CASSANDRADRSYCAMORE STBAILEYCTREDWOOD ST
CHRISTOPHER STBAILEY CTVENTURA AVEBRENDA LNJAMES PLPINE AVECHERYLE CT
KENDALL
DR
0 400 800200FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 962
Ê
Sewer Lift
8.f
Packet Pg. 346 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
WATERMAN AVELINCOLN AVEALLEN STDRAKE DR
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 963
Ê
Sewer Lift
8.f
Packet Pg. 347 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
HOSPITALITY LNCOMMERCENTER ALYCOMMERCENTER CIRA I R P O R T D R
COMMERCENTER RD0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 968
Ê
Landscaping 10,962 sq. ft.
8.f
Packet Pg. 348 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
OREGON ST
RIALTO AVE
AT & S FLAMARR AVELORETTA AVEPEPPER AV0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 974
Ê
Landscaping 4,500 sq. ft.
8.f
Packet Pg. 349 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
TAMARISK AVEJAMES S T PEPPER AVEJEFFERSON AVE EUCALYPTUS AVECHESTNUT ST POPLAR CIRBURNEY STPARK VISTA. DR
PAMPAS AVEMERRILL AVE
0 250 500125FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 975
Ê
Landscaping 46,670 sq. ft.
8.f
Packet Pg. 350 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
IRVINGTON AVE
CAJON AVE
OHIO AVE
LETA LN
PINEAVENEWPINEAVEDEANNA DR
S
HEPHERDDRSUNFLOWER AVE
HYATT RD
CASSANDRADRSYCAMORE STREDWOOD ST
CHRISTOPHER STVENTURA AVEBRENDA LNSHEPARD LN
JAMES PLPINE AVECHERYLE CT
KENDALL
DR
0 400 800200FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 976
Ê
Landscaping 116,760 sq. ft.
8.f
Packet Pg. 351 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MERIDIAN AVEDALLAS AVEMARVIN DRLASSENAVEESPERANZA ST DALLASAVEMILL ST
LOS ROBLES AVEMARVIN DRSUTTER AVEPLEASANT WAY
LASSEN AVESUTTER AVELASSEN AVEMARVIN DRCOLLEGE DR
RANDALL AVE SUTTER AVECARDAMON ST
0 200 400100FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 981
Ê
Landscaping 25,700 sq. ft.
8.f
Packet Pg. 352 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
CITRUS ST
PIEDMONT DRINDIANCANYONCT
MOJAVE CTBANGORAVESHAUNA DR
C
A
R
RIA
GEHILLSCTOLETA LNYUMADRROADRUNNER CT0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 982
Ê
Landscaping 11,326 sq. ft.
8.f
Packet Pg. 353 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
IRIS STCHATKA LN
WALNUT ST
WALNUT ST
OREGON ST
ATCHISON ST
OREGON ST
TERRACE RDSAN ANSELMO AVE0 150 30075 FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 986
Ê
Deten tion B asin Landscaping 11,326 sq. ft.
8.f
Packet Pg. 354 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MACY STE L L E N S T
VOLYA
CT
ISABELLA DR
DUNLOP CT SANANSELMOAVECONNER ST
MILL ST
JOPLON CTSANCARLOAVESANBENTOAVEHUFF ST
0 200 400100FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 989
Ê
Landscaping 7,600 sq. ft.Sewer Lift
8.f
Packet Pg. 355 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
PALM AVEOHIO AVE
VERDEMONT DR
OLIVE AVEUNNAMED RD
MEYERS
RD HUNTINGTONDRBLUE SKY CTRIDGELINE AVEGARFIELD ST
STEVEN WAYVENTURA CTVENTURA AVESTEVEN WAYBRIARWOOD DR
0 250 500125FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 991
Ê
Landscaping 36,600 sq. ft.
8.f
Packet Pg. 356 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
BRONSON STRAQUELCTJUNE PL
PORTOLA AV E JUNE STROSARITA STSANBENITOSTCRISTYAVECARMELINASTDONDIEGOSTACAPULCOST
DON PABLO CTCAJO
N
BLVD
3RD AVE
0 300 600150FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 993
Ê
Landscaping 82,584 sq. ft.
8.f
Packet Pg. 357 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAGNOLIA AVEBELMONT AVEOFELIA DRCABLE
CREEK
C
H
AN
N
EL ASH LYNN WAYMEYERS RD
ESCENA STSPLIT MOUNTAIN LNCHESTNUTAVELANDON CT
MIRNA AVEROSEMARY LN
SUNFLOWER AVE
HYATT RD
SHEPARD LNSHANON LNESCENA ST0 250 500125FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 997
Ê
Landscaping 103,122 sq. ft.
8.f
Packet Pg. 358 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
PENSYLVANIA AVEP O P L A R STROBERTA CTBIRCH ST
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1001
Ê
Landscaping 55,800 sq. ft.
8.f
Packet Pg. 359 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
55TH STH ST58T H ST
I
ST
NORTHPARK BLVD
59TH ST
CARLETONSTVALE
RIE
W
AY
54TH ST
56TH ST
CRESCENT STG STBERKELEY ST57TH ST
YOSEMITE DR0 250 500125FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1002
Ê
Landscaping 6,684 sq. ft.
8.f
Packet Pg. 360 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
BRONSON STCRISTY AVEA.T.&S.F.
RR
ROSARITA STMAJESTIC A V ESAN
MIGUEL
AVECAJO
N
BLVD
JADESTO
NE
AVE
0 150 30075 FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1005
Ê
Landscaping 52,483 sq. ft.Detention Basin
8.f
Packet Pg. 361 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
PEPPER AVEBELDENSTLOS ROBLES AVELOS ROBLES CT
PLEASANT CT
PLEASANT CT
JEFFERSON AVE
RANDALL AVE 0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1007
Ê
Landscaping 4,217 sq. ft.Contingent 137,029 sq. ft.
8.f
Packet Pg. 362 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
BURNEY STPOPLAR ST
MILL ST
OAK ST
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1012
Ê
Landscaping 19,500 sq. ft.
8.f
Packet Pg. 363 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
CURTIS STCOULSTON ST ROSENA AVEELMAVE0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1016
Ê
Landscaping 4,500 sq. ft.
8.f
Packet Pg. 364 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
APPENDIX C
MAD District Cost Summary
8.f
Packet Pg. 365 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 951 Zone 1 FY 2020-21 Budget
Estimated through June 30
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Landscaping/Irrigation/Water/Energy $5,005.38 $5,349.65
Total Direct Costs $5,005.38 $5,349.65
Indirect Costs
Assessment Engineer $0.00 $223.83
City Administration $711.95 $488.12
Auditor-Controller $19.50 $19.50
Total Indirect Costs $731.45 $731.45
Total Costs $5,736.83 $6,081.10
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($292.63)
General Benefit Contribution ($860.52) ($912.16)
Total Adjustments ($860.52) ($1,204.79)
Total Assessment $4,876.31 $4,876.30
8.f
Packet Pg. 366 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 951 Zone 2 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Landscaping/Irrigation/Water/Energy $6,153.27 $6,391.70
Total Direct Costs $6,153.27 $6,391.70
Indirect Costs
Assessment Engineer $0.00 $275.16
City Administration $855.99 $580.83
Auditor-Controller $43.20 $43.20
Total Indirect Costs $899.19 $899.19
Total Costs $7,052.46 $7,290.89
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($202.66)
General Benefit Contribution ($1,057.87) ($1,093.63)
Total Adjustments ($1,057.87) ($1,296.29)
Total Assessment $5,994.59 $5,994.59
Estimated through June 30
8.f
Packet Pg. 367 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 952 Zone 1 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Landscaping/Irrigation/Energy $63,120.58 $53,215.82
Total Direct Costs $63,120.58 $53,215.82
Indirect Costs
Assessment Engineer $0.00 $2,143.82
City Administration $6,795.74 $4,651.92
Auditor-Controller $209.10 $209.10
Total Indirect Costs $7,004.84 $7,004.84
Total Costs $70,125.42 $60,220.66
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution ($13,433.59) ($4,933.46)
General Benefit Contribution ($9,992.87) ($8,581.44)
Total Adjustments ($23,426.46) ($13,514.90)
Total Assessment $46,698.96 $46,705.75
Estimated through June 30
8.f
Packet Pg. 368 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 952 Zone 2 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Landscaping/Irrigation/Energy $91,793.76 $61,619.16
Total Direct Costs $91,793.76 $61,619.16
Indirect Costs
Assessment Engineer $0.00 $2,553.75
City Administration $10,094.29 $7,540.54
Auditor-Controller $202.50 $202.50
Total Indirect Costs $10,296.79 $10,296.79
Total Costs $102,090.55 $71,915.95
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution ($18,897.37) ($6,031.28)
General Benefit Contribution ($14,547.90) ($10,248.02)
Total Adjustments ($33,445.27) ($16,279.30)
Total Assessment $68,645.28 $55,636.65
Estimated through June 30
8.f
Packet Pg. 369 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 952 Zone 2A FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Landscaping/Irrigation/Energy $9,557.83 $9,520.05
Total Direct Costs $9,557.83 $9,520.05
Indirect Costs
Assessment Engineer $0.00 $431.72
City Administration $1,382.65 $950.93
Auditor-Controller $28.20 $28.20
Total Indirect Costs $1,410.85 $1,410.85
Total Costs $10,968.68 $10,930.90
Collection/(Contribution)
Operating Reserve $0.00 $32.40
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,563.04) ($1,557.65)
Total Adjustments ($1,563.04) ($1,525.25)
Total Assessment $9,405.64 $9,405.64
Estimated through June 30
8.f
Packet Pg. 370 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 952 Zone 3 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $5,240.71 $4,366.60
Maintenance of Ground Cover/Shrubs/Irrigation $3,743.36 $3,119.00
Maintenance of Trees/Irrigation $898.41 $748.56
Irrigation Costs (Water and Energy) $2,246.02 $1,871.40
Total Direct Costs $12,128.50 $10,105.57
Indirect Costs
Assessment Engineer $0.00 $1,173.06
City Administration $1,880.83 $707.77
Auditor-Controller $47.40 $47.40
Total Indirect Costs $1,928.23 $1,928.23
Total Costs $14,056.73 $12,033.80
Collection/(Contribution)
Operating Reserve $0.00 $1,849.97
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,201.85) ($1,028.89)
Total Adjustments ($1,201.85)$821.08
Total Assessment $12,854.88 $12,854.88
Estimated through June 30
8.f
Packet Pg. 371 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 953 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance/ Water/Energy $6,396.43 $7,049.97
Total Direct Costs $6,396.43 $7,049.97
Indirect Costs
Assessment Engineer $0.00 $325.27
City Administration $1,003.56 $678.29
Auditor-Controller $59.40 $59.40
Total Indirect Costs $1,062.96 $1,062.96
Total Costs $7,459.39 $8,112.93
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($620.86)
General Benefit Contribution ($372.97) ($405.65)
Total Adjustments ($372.97) ($1,026.51)
Total Assessment $7,086.42 $7,086.42
Estimated through June 30
8.f
Packet Pg. 372 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 956 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Landscaping/Irrigation $21,576.65 $20,589.32
Irrigation Costs (water and energy) $10,291.11 $9,819.93
Total Direct Costs $31,867.76 $30,409.26
Indirect Costs
Assessment Engineer $0.00 $1,457.62
City Administration $4,757.70 $3,300.08
Auditor-Controller $5.70 $5.70
Total Indirect Costs $4,763.40 $4,763.40
Total Costs $36,631.16 $35,172.66
Collection/(Contribution)
Operating Reserve $0.00 $1,261.32
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($4,871.94) ($4,677.96)
Total Adjustments ($4,871.94) ($3,416.64)
Total Assessment $31,759.22 $31,756.01
Estimated through June 30
8.f
Packet Pg. 373 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 959 Zone 1 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance/Irrigation/Energy $112,360.73 $97,937.26
Total Direct Costs $112,360.73 $97,937.26
Indirect Costs
Assessment Engineer $0.00 $8,851.97
City Administration $18,036.18 $9,184.21
Auditor-Controller $270.30 $270.30
Total Indirect Costs $18,306.48 $18,306.48
Total Costs $130,667.21 $116,243.74
Collection/(Contribution)
Operating Reserve $0.00 $13,471.52
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($8,624.04) ($7,672.09)
Total Adjustments ($8,624.04)$5,799.43
Total Assessment $122,043.17 $122,043.18
Estimated through June 30
8.f
Packet Pg. 374 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 962 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Sewer Lift Station $6,006.33 $1,879.47
Energy Costs $3,003.16 $939.73
Total Direct Costs $9,009.49 $2,819.20
Indirect Costs
Assessment Engineer $0.00 $645.36
City Administration $1,489.41 $844.05
Auditor-Controller $100.50 $100.50
Total Indirect Costs $1,589.91 $1,589.91
Total Costs $10,599.40 $4,409.11
Collection/(Contribution)
Operating Reserve $0.00 $6,190.29
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 $6,190.29
Total Assessment $10,599.40 $10,599.40
Estimated through June 30
8.f
Packet Pg. 375 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 963 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Sewer Lift Ztation $1,868.28 $977.50
Energy $896.77 $469.20
Total Direct Costs $2,765.05 $1,446.70
Indirect Costs
Assessment Engineer $0.00 $149.31
City Administration $480.45 $331.14
Auditor-Controller $7.50 $7.50
Total Indirect Costs $487.95 $487.95
Total Costs $3,253.00 $1,934.65
Collection/(Contribution)
Operating Reserve $0.00 $1,318.35
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 $1,318.35
Total Assessment $3,253.00 $3,253.00
Estimated through June 30
8.f
Packet Pg. 376 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 968 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $2,661.59 $2,180.55
Maintenance of Lighting/Energy $998.10 $812.09
Total Direct Costs $3,659.69 $2,992.65
Indirect Costs
Assessment Engineer $0.00 $186.10
City Administration $605.77 $419.67
Auditor-Controller $2.40 $2.40
Total Indirect Costs $608.17 $608.17
Total Costs $4,267.86 $3,600.82
Collection/(Contribution)
Operating Reserve $0.00 $633.69
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($213.39) ($180.04)
Total Adjustments ($213.39)$453.65
Total Assessment $4,054.47 $4,054.47
Estimated through June 30
8.f
Packet Pg. 377 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -1 (6799 : Fiscal Year 2020-21
MAD No. 974 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $2,232.58 $3,286.31
Irrigation Costs (water and energy) $582.41 $856.53
Total Direct Costs $2,814.99 $4,142.85
Indirect Costs
Assessment Engineer $0.00 $125.90
City Administration $399.36 $273.46
Auditor-Controller $12.00 $12.00
Total Indirect Costs $411.36 $411.36
Total Costs $3,226.35 $4,554.21
Collection/(Contribution)
Operating Reserve $0.00 $0.40
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,128.68)
General Benefit Contribution ($483.95) ($683.13)
Total Adjustments ($483.95) ($1,811.41)
Total Assessment $2,742.40 $2,742.80
Estimated through June 30
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MAD No. 975 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $4,830.05 $3,228.82
Irrigation Costs (water and energy) $3,187.57 $2,131.15
Total Direct Costs $8,017.62 $5,359.97
Indirect Costs
Assessment Engineer $0.00 $374.57
City Administration $1,189.56 $814.99
Auditor-Controller $34.50 $34.50
Total Indirect Costs $1,224.06 $1,224.06
Total Costs $9,241.68 $6,584.03
Collection/(Contribution)
Operating Reserve $0.00 $2,346.70
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,081.28) ($770.33)
Total Adjustments ($1,081.28)$1,576.37
Total Assessment $8,160.40 $8,160.40
Estimated through June 30
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MAD No. 976 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $23,904.30 $18,769.36
Maintenance of Ground Cover/Shrubs/Irrigation $4,815.94 $3,781.51
Irrigation Costs (water and energy) $8,776.19 $6,890.89
Total Direct Costs $37,496.43 $29,441.77
Indirect Costs
Assessment Engineer $0.00 $3,972.24
City Administration $5,761.36 $1,789.12
Auditor-Controller $177.30 $177.30
Total Indirect Costs $5,938.66 $5,938.66
Total Costs $43,435.09 $35,380.43
Collection/(Contribution)
Operating Reserve $0.00 $7,335.92
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($3,844.01) ($3,131.17)
Total Adjustments ($3,844.01)$4,204.75
Total Assessment $39,591.09 $39,585.18
Estimated through June 30
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MAD No. 981 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $2,452.45 $2,389.49
Maintenance of Ground Cover/Shrubs/Irrigation $7,415.52 $7,226.95
Irrigation Costs (Water and Energy) $2,893.40 $2,819.25
Total Direct Costs $12,761.37 $12,435.70
Indirect Costs
Assessment Engineer $0.00 $689.12
City Administration $2,178.21 $1,489.09
Auditor-Controller $73.80 $73.80
Total Indirect Costs $2,252.01 $2,252.01
Total Costs $15,013.38 $14,687.71
Collection/(Contribution)
Operating Reserve $0.00 $325.67
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 $325.67
Total Assessment $15,013.38 $15,013.38
Estimated through June 30
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MAD No. 982 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $6,994.01 $7,817.96
Irrigation Costs (Water and Energy) $2,098.20 $2,345.16
Total Direct Costs $9,092.21 $10,163.12
Indirect Costs
Assessment Engineer $0.00 $451.04
City Administration $1,445.18 $994.14
Auditor-Controller $28.80 $28.80
Total Indirect Costs $1,473.98 $1,473.98
Total Costs $10,566.19 $11,637.10
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($995.94)
General Benefit Contribution ($739.63) ($814.60)
Total Adjustments ($739.63) ($1,810.54)
Total Assessment $9,826.56 $9,826.56
Estimated through June 30
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MAD No. 986 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation (Retention Basin) $7,995.82 $9,244.02
Maintenance of Ground Cover/Shrubs/Irrigation $3,017.51 $3,489.05
Irrigation Costs (Water and Energy) $3,227.40 $3,730.67
Total Direct Costs $14,240.74 $16,463.74
Indirect Costs
Assessment Engineer $0.00 $905.25
City Administration $2,320.45 $1,415.20
Auditor-Controller $51.90 $51.90
Total Indirect Costs $2,372.35 $2,372.35
Total Costs $16,613.09 $18,836.09
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($2,116.30)
General Benefit Contribution ($797.43) ($904.13)
Total Adjustments ($797.43) ($3,020.43)
Total Assessment $15,815.66 $15,815.66
Estimated through June 30
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MAD No. 989 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $5,256.32 $1,602.76
Maintenance of Lift Station $1,729.05 $569.15
Irrigation Costs (Water and Energy) $1,576.90 $480.89
Electrical Costs (Lift Station) $3,458.11 $1,138.31
Total Direct Costs $12,020.38 $3,791.12
Indirect Costs
Assessment Engineer $0.00 $537.51
City Administration $1,694.16 $1,156.65
Auditor-Controller $62.40 $62.40
Total Indirect Costs $1,756.56 $1,756.56
Total Costs $13,776.94 $5,547.68
Collection/(Contribution)
Operating Reserve $0.00 $6,994.87
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($2,066.54) ($832.15)
Total Adjustments ($2,066.54)$6,162.72
Total Assessment $11,710.40 $11,710.40
Estimated through June 30
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MAD No. 991 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $17,936.90 $15,154.69
Irrigation Costs (Water and Energy) $5,381.07 $4,546.32
Total Direct Costs $23,317.97 $19,701.01
Indirect Costs
Assessment Engineer $0.00 $1,221.00
City Administration $3,929.07 $2,708.07
Auditor-Controller $41.40 $41.40
Total Indirect Costs $3,970.47 $3,970.47
Total Costs $27,288.44 $23,671.48
Collection/(Contribution)
Operating Reserve $0.00 $3,507.06
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($818.65) ($710.14)
Total Adjustments ($818.65)$2,796.92
Total Assessment $26,469.78 $26,468.40
Estimated through June 30
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MAD No. 993 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $16,514.63 $18,014.17
Irrigation Costs (Water and Energy) $4,503.99 $4,912.96
Total Direct Costs $21,018.62 $22,927.12
Indirect Costs
Assessment Engineer $0.00 $1,272.21
City Administration $3,626.07 $2,353.86
Auditor-Controller $83.10 $83.10
Total Indirect Costs $3,709.17 $3,709.17
Total Costs $24,727.79 $26,636.29
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,911.27)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($1,911.27)
Total Assessment $24,727.79 $24,725.02
Estimated through June 30
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MAD No. 997 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $3,768.22 $4,159.53
Irrigation Costs (Water and Energy) $1,027.64 $1,134.35
Total Direct Costs $4,795.85 $5,293.88
Indirect Costs
Assessment Engineer $0.00 $902.55
City Administration $776.73 ($125.82)
Auditor-Controller $69.60 $69.60
Total Indirect Costs $846.33 $846.33
Total Costs $5,642.18 $6,140.21
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($500.48)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($500.48)
Total Assessment $5,642.18 $5,639.73
Estimated through June 30
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MAD No. 1001 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $6,177.68 $7,709.39
Maintenance of Ground Cover/Shrubs/Irrigation $351.00 $438.03
Irrigation Costs (water and energy) $979.30 $1,222.11
Total Direct Costs $7,507.98 $9,369.53
Indirect Costs
Assessment Engineer $0.00 $1,317.53
City Administration $1,311.14 ($6.39)
Auditor-Controller $13.80 $13.80
Total Indirect Costs $1,324.94 $1,324.94
Total Costs $8,832.92 $10,694.47
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,331.58)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($1,331.58)
Total Assessment $8,832.92 $9,362.89
Estimated through June 30
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MAD No. 1002 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $2,411.23 $3,475.40
Maintenance of Trees/Irrigation (Flood Control Area) $631.45 $910.13
Irrigation Costs (Water and Energy) $399.62 $575.99
Total Direct Costs $3,442.30 $4,961.53
Indirect Costs
Assessment Engineer $0.00 $288.81
City Administration $521.66 $232.85
Auditor-Controller $85.80 $85.80
Total Indirect Costs $607.46 $607.46
Total Costs $4,049.76 $5,568.99
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,276.24)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($1,276.24)
Total Assessment $4,049.76 $4,292.75
Estimated through June 30
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MAD No. 1005 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $6,169.84 $6,102.49
Maintenance of Ground Cover/Shrubs/Irrigation $9,689.90 $9,584.12
Irrigation Costs (Water and Energy) $2,895.09 $2,863.49
Total Direct Costs $18,754.83 $18,550.09
Indirect Costs
Assessment Engineer $0.00 $1,149.72
City Administration $3,013.94 $1,864.22
Auditor-Controller $30.30 $30.30
Total Indirect Costs $3,044.24 $3,044.24
Total Costs $21,799.07 $21,594.33
Collection/(Contribution)
Operating Reserve $0.00 $190.62
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,504.14) ($1,490.01)
Total Adjustments ($1,504.14) ($1,299.39)
Total Assessment $20,294.94 $20,294.94
Estimated through June 30
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MAD No. 1007 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $2,233.49 $4,480.75
Irrigation Costs (Water and Energy) $267.93 $537.51
Total Direct Costs $2,501.42 $5,018.27
Indirect Costs
Assessment Engineer $0.00 $242.26
City Administration $422.21 $179.95
Auditor-Controller $17.40 $17.40
Total Indirect Costs $439.61 $439.61
Total Costs $2,941.03 $5,457.88
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($2,332.80)
General Benefit Contribution ($10.29) ($19.10)
Total Adjustments ($10.29) ($2,351.90)
Total Assessment $2,930.74 $3,105.97
Estimated through June 30
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MAD No. 1012 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $5,138.84 $4,733.43
Irrigation Costs (Water and Energy) $770.83 $710.02
Total Direct Costs $5,909.67 $5,443.44
Indirect Costs
Assessment Engineer $0.00 $507.48
City Administration $1,014.24 $506.76
Auditor-Controller $4.80 $4.80
Total Indirect Costs $1,019.04 $1,019.04
Total Costs $6,928.71 $6,462.48
Collection/(Contribution)
Operating Reserve $0.00 $864.75
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($135.11) ($126.02)
Total Adjustments ($135.11)$738.73
Total Assessment $6,793.60 $7,201.21
Estimated through June 30
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MAD No. 1016 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $2,172.55 $1,363.58
Irrigation Costs (Water and Energy) $521.41 $327.26
Total Direct Costs $2,693.96 $1,690.83
Indirect Costs
Assessment Engineer $0.00 $197.60
City Administration $409.64 $212.04
Auditor-Controller $10.80 $10.80
Total Indirect Costs $420.44 $420.44
Total Costs $3,114.40 $2,111.27
Collection/(Contribution)
Operating Reserve $0.00 $902.81
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($311.44) ($211.13)
Total Adjustments ($311.44)$691.68
Total Assessment $2,802.96 $2,802.96
Estimated through June 30
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CITY OF S AN BERNARDINO
Maintenance Assessment Districts
Volume 2
FISCAL YEAR 2020-21
FINAL ENGINEER'S REPORT
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Table of Contents
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Sections
i. Executive Summary i
ii. Introduction ii
iii. Engineers Signature vii
1. MAD No. 1017 1
2. MAD No. 1019 3
3. MAD No. 1020 5
4. MAD No. 1023 7
5. MAD No. 1024 9
6. Assessment Diagrams 11
7. Assessment Rolls 12
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagrams
Appendix C – MAD District Cost Summary
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i. Executive Summary Page | i
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
AGENCY: CITY OF SAN BERNARDINO
PROJECT: MAINTENANCE ASSESSMENT DISTRICTS ENGINEER REPORT
TO: CITY COUNCIL
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO THE "ASSESSMENT LAW"
Pursuant to direction from the City Council (the “City Council”) of the City of San Bernardino (the “City”), State of California, submitted
herewith is the Engineer’s Report (the “Report”) for Maintenance Assessment Districts, consisting of the following parts, pursuant to the
Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of
California (the “Assessment Law”), and which is in accordance with Resolution No. 2020-__ adopted by the City of San Bernardino City
Council, San Bernardino County, California ordering preparation of this Report. This Report is applicable for the ensuing 12-month period,
being the Fiscal Year commencing July 1, 2020 to June 30, 2021.
Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping and
irrigation systems proposed to be funded.
Section 2 A COST ESTIMATE of maintaining the landscaping and irrigation systems including incidental costs and expenses in
connection therewith for Fiscal Year 2020-21, is as set forth on the lists thereof, attached hereto.
Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments,
indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several
lots and parcels of land within the Districts, in proportion to the estimated benefits to be received by such lots and
parcels.
Section 4 ASSESSMENT DIAGRAMS showing the Districts, the lines and dimensions of each parcel of land within said Districts,
as the same exists on the maps of the County of San Bernardino Assessor for Fiscal Year 2020-21, is filed in the
offices of the City of San Bernardino. An Assessment Diagram of the Districts can be found in Appendix B.
Section 5 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2020-21 apportioned to each parcel as
shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.
Maintenance
Assessment District Name
Actual Assessment
per Unit ($)
Maximum Assessment
per Unit ($)
MAD No. 1017 Kendall and Pine Area $239.42 $239.42
MAD No. 1019 Northpark and Mountain Area $143.38 $199.21
MAD No. 1020 Mill Street and Dallas Avenue Area $193.38 $251.99
MAD No. 1023 Elm Avenue and Coulston Street Area $52.12 $153.98
MAD No. 1024 Inland Center Drive and Riverwalk Drive Area $161.00 $358.14
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ii. Introduction Page | ii
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
The City administers and maintains 63 Maintenance Assessment Districts (the “MADs”) and associated zones that have been established
over the last 39 years. The MADs provide a financing mechanism to maintain the public maintenance areas associated with each
particular development, ensuring the continued maintenance, operations, servicing, and administration of various improvements located
within the public right-of-way and dedicated easements; all within the boundaries of each MADs. There are 2 MADs which have no
improvements and are, therefore, not yet maintained.
This report has been prepared to support the annual assessment of the MADs within the City’s boundaries. The following information is
presented to provide general information about the MADs. Additional details specific to each MAD are listed in each MAD’s dedicated
section of this Engineer’s Report.
Designation of Maintenance Assessment District/Zones:
For your reference, you can find the following Maintenance Assessment Districts within the corresponding Volumes listed below:
Volume 1: MAD 95-1 (Zone 1), MAD 95-1 (Zone 2), MAD 95-2 (Zone 1, 2 and 2A), MAD 95-2 (Zone 3), MAD 953, MAD 956, MAD 959
(Zone 1), MAD 962, MAD 963, MAD 968, MAD 974, MAD 975, MAD 976, MAD 981, MAD 982, MAD 986, MAD 989, MAD 991, MAD
993, MAD 997, MAD 1001, MAD 1002, MAD 1005, MAD 1007, MAD 1012, and MAD 1016. These Maintenance Assessment Districts
listed are contained within Volume 1 and does not contain an annual escalator.
Volume 2: MAD 1017, MAD 1019, MAD 1020, MAD 1023 and MAD 1024. These Maintenance Assessment Districts listed are contained
within Volume 2 and does contain an annual CPI escalator only.
Volume 3: MAD 1025 and MAD 1027. These Maintenance Assessment Districts listed are contained within Volume 3 and has a 25%
general benefit of major arterial streets, 20% general benefit of secondary arterial streets, 15% general benefit of collector streets, and
100% special benefit of the local streets. These Maintenance Assessment Districts listed are contained in Volume 3 and contains an
annual escalator of 5% or CPI, whichever is less with other direct and special benefit requirements only pertaining to this Maintenance
District.
Volume 4: MAD 1028, MAD 1029, MAD 1030, MAD 1031, MAD 1032, MAD 1035 (Zone 1), MAD 1035 (Zone 2), MAD 1036, MAD 1037,
MAD 1038, MAD 1039, MAD 1040, MAD 1041, MAD 1042, MAD 1043 (Zone 1), MAD 1043 (Zone 2), MAD 1045, MAD 1046, MAD 1047,
MAD 1048, MAD 1050, MAD 1052, MAD 1054, MAD 1055, MAD 1056, MAD 1057, MAD 1059, MAD 1060, MAD 1063, MAD 1064, and
MAD 1068. These Maintenance Assessment Districts listed are contained within Volume 4 and contains an annual escalator of 5% or
CPI, whichever is less.
Volume 5: MAD 1022 (Zone 1), MAD 1022 (Zone 2) and MAD 1022 (Zone 3). These Maintenance Assessment Districts listed are
contained within Volume 5 and contains an annual escalator of 5% or CPI, whichever is less with other direct and special benefit
requirements only pertaining to this Maintenance District.
Current Annual Administration
As required by the Assessment Law, the Report includes: (1) a description of the improvements to be operated, maintained and serviced
by the District, (2) an estimated budget for the District, and (3) a listing of the proposed Fiscal Year 2020-21 assessments to be levied
upon each assessable lot or parcel within the Districts.
The City of San Bernardino will hold a Public Hearing on July 15, 2020, regarding the District which will provide an opportunity for
any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the
assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made
for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for
the purposes stated within this Report.
Cost Estimate
The cost estimate contains each of the items specified in the Assessment Law.
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ii. Introduction Page | iii
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Assessment Law provides that the estimated costs of the improvements shall include the total cost of the improvements for the
entire Fiscal Year 2020-21, including incidental expenses, which may include operating reserves.
The Assessment Law also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of
improvements. The net amount to be assessed on the lots or parcels within the District is the total cost of installation, maintenance, and
servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
The District includes an annual inflation factor for future increases in assessments by a percentage equal to the increase in the
Consumer Price Index (CPI) in the Los Angeles-Riverside-Orange County Area, published by the United States Department of Labor,
Bureau of Labor Statistics over the previous year.
There is a 1.94% proposed inflationary increase in the assessment per acre or per parcel as applicable over the assessment levied for
Fiscal Year 2019-20, which is consistent with the ballot proposition approved by the qualified electors when establishing said District.
Changes in Organization
There are no changes in organization for Fiscal Year 2020-21.
Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to
the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation
and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described
below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at
the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will
need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment
engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-
way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the
real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge
generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are
levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees
and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments
and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge
is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition
to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires
a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost
of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially
benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
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Engineer’s Report MAD’s
Fiscal Year 2020-21
“Special benefit” means a particular and distinct benefit over and above general benefits conferred
on real property located in the district or to the public at large. General enhancement of property
value does not constitute “special benefit”.
The actual assessment and the amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the
latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part
of the records of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
Direct and Special Benefit
The maintenance of improvements provides direct and special benefit to those properties located within each of the Districts.
Each and every lot or parcel within the Districts, receives a particular and distinct benefit from the improvements over and above general
benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.
In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the
improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not
have been developed in the absence of the installation and expected maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Districts because of the
nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights,
traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the Districts by
moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in
close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g., control
sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the
flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing
traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and
other diseases spreading to landscaping located throughout the properties within the Districts. Streetlights also provide safety for
pedestrians and motorists living and owning property in the Districts during the nighttime hours, and to assign rights-of-way for the
safety of pedestrians and motorists by defining a specific path during all hours of the day.
Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and
overhead utilities. These elements are a distinct and special benefit to all developed parcels in the Districts. Streetlights are installed
on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.
Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of
fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the
facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the
motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.
The system of streets within the Districts are established to provide access to each parcel in the Districts. Streetlights provide a safer
street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within
the Districts, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express,
special benefit of the parcels within the District.
The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes
(especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.
Finally, the proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, and graffiti abatement, and
appurtenant structures improves the attractiveness of the properties within the Districts. This provides a positive visual experience each
and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well-being for properties
within the Districts.
Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the
improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, traffic signals, and bridge lights, and graffiti abatement are
apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis.
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Engineer’s Report MAD’s
Fiscal Year 2020-21
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals,
and bridge lights, and graffiti abatement are an integral part of the quality of life of the Districts. This quality of life is a special benefit to
those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements,
utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such
parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or
experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote
frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement
and are not assessed.
General Benefit
The Benefit received by the parcels within the boundaries of the Districts is determined to be of more than ordinary public benefit, thus
each parcel within the Districts being assessed receives special benefit from the improvements. If the property not within the boundaries
of a District also receives some benefit from the improvements, consideration must then be given to a general benefit given by the
improvements, which may not be assessed to the parcels within the Districts. Since the installation and maintenance of the landscaping
and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is
further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are
100% assessable to the parcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City’s General Plan,
are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City’s General
Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City’s General Plan, are
determined to be 5% general benefit and the proportional costs thereof are not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District.
These percentages are based on the traffic circulation for the various street classifications.
Method of Apportionment
The Assessment Law permits the establishment of assessment districts by agencies for the purpose of providing certain public
improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for
landscape use, and appurtenant facilities. The Assessment Law further provides that assessments may be apportioned upon all
assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or
parcel from the improvements rather than assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot
or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by
the District to fairly apportion the costs based on the estimated benefit to each parcel.
In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the
City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct
benefit over and above general benefits conferred on the public at large, including real property within the district. The general
enhancement of property value does not constitute a special benefit.
Whereas, the City Council of the City of San Bernardino, State of California, did, pursuant to the provisions of the Assessment Law,
adopted resolutions to initiate proceedings to form special assessment districts.
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Fiscal Year 2020-21
Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with the Assessment
Law.
Whereas, Section 22567 of said Article 4 states the Report shall consist of the following;
a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment districts
d. An assessment of the estimated costs of the maintenance of the improvements
Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of San Bernardino, pursuant to the Assessment Law, do
hereby submit the following:
1. Pursuant to the provisions of law the costs and expenses of the districts have been assessed upon the parcels of land in the
districts benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcel, reference is made to the Assessment Diagrams, a reduced copy of which is
included herein.
2. As required by law, the Diagrams are filed herewith, showing the districts, as well as the boundaries and dimensions of the
respective parcels and subdivisions of land within said districts as the same exist each of which subdivisions of land or parcels
or lots, respectively, have been given a separate number upon said Diagrams and in the Assessment Rolls contained herein.
3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagrams and Assessment
Rolls, correspond with the numbers assigned to each parcel by the San Bernardino County Assessor. Reference is made to the
County Assessment Roll for a description of the lots or parcels.
4. There are no parcels or lots within the assessment districts that are owned by a federal, state or other local governmental agency
that will benefit from the services to be provided by the assessments to be collected.
The City requested Spicer Consulting Group, LLC, to prepare and file an Engineer’s Report for the assessment districts pursuant to the
Assessment Law presenting plans and specifications describing the general nature, location and extent of the improvements to be
maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the assessment districts for
the referenced Fiscal Year, diagrams for the districts showing the areas and properties to be assessed, and assessments of the estimated
costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and-or parcels
within the districts in proportion to the special benefit received.
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iii. Engineers Signature Page | vii
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Executed this day of 2020.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was filed with me on the _______ day of ____________, 2020. By Adoption of Resolution No. _______ by the City Council.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was approved and confirmed by the City Council of the City of San Bernardino, California, on the _____day of
___________, 2020.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
15th July
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1. MAD No. 1017 Page | 1
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1017 was formed on 1996 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1017 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Kendall Drive within the boundaries of Tract No.15642 on the south, the centerline of Irvington Avenue
on the north, the centerline of Old Pine Avenue and the east line of Tract No. 15642 on the east, and the west line of
Tract No. 15642.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1017. The
improvements to be maintained include 58,025 sq. ft. of landscaping (including 36 trees) along portions along the northside of Kendall
Drive and the east and west sides of Pine Avenue and areas of turf within Metropolitan Water District property within Tract No. 15642.
The areas along the east and west sides of New Pine Avenue lying north of Tract No. 15642, the south side of Irvington Avenue and
portions of the north and south sides of Washington Avenue, all within the boundaries of the District.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 Residential lot or unit = 1 Assessment Unit
Based on the City of San Bernardino’s current circulation element of its General Plan, Kendall Drive is designated as a major arterial
street and represents 7% of the total maintenance area; thus 15% of 7% of the total costs of maintenance and is deemed to be of
general benefit, and not assessable to the District. New Pine Avenue is designated as a secondary arterial street and represents 86%
of the total maintenance area, thus 10% of 86% of the total costs of maintenance and is deemed to be of general benefit, and not
assessable to the District. Irvington Avenue is designated as a collector street and represents 1% of the total maintenance area; thus
5% of 1% of the total costs of maintenance and is deemed to be of general benefit.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%, 10% and 5%). The result is the General Benefit of 9.7% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Metropolitan Water District property (APN 0261-521-79), which is part of
landscape area, receives no benefit and thus exempt from assessments. The parcel owned by the City of San Bernardino (APN 0261-
521-78), which is part of landscape area, receives no benefit and thus exempt from assessments
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $26,575.73
Assessment Units 111
Fiscal Year 2020-21 Collectible per Unit $239.42
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $239.42 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year. The CPI is typically
used for maintenance districts. Increases may also occur, without notice or hearing, if the increase is due to a change in land use or
density for any parcels within the boundaries of the District, so long as the formula under “Method of Assessment is applied.
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2. MAD No. 1019 Page | 3
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1019 was formed on 1996 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1019 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Northpark Boulevard on the north, the centerline of Mountain Drive on the west, the centerline of “H”
Street and the east line of Tract No. 14448 on the east and the centerline of Hill Drive and the southerly line of Tract
No. 14448 on the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1019. The
improvements to be maintained include 29,290 sq. ft. of landscaping and all appurtenances (including 1 tree) along portions of the south
side of Northpark Boulevard, the east side of Mountain Drive, the north side of Hill Drive, and the west side of “H” Street, all within Tract
No. 14448.
Rear yard slopes within Lots 86 through 98 of said Tract, inclusive, have been dedicated to the City for landscape maintenance also.
These areas are to be maintained by the homeowners but may be maintained by the City in the event of homeowner neglect. In the event
that the City must maintain the homeowner areas, the actual costs of maintenance will be assessed to the respective properties.
Homeowners will be given a notice giving them 30 days to cure deficiencies prior to the City assuming maintenance. Release of
maintenance of the homeowner area back to the property owner will be done at the sole discretion of the City and only upon satisfactory
evidence to the City, that said property owner will have the capacity and willingness to continue said maintenance. Neglect shall include
improper irrigation, lack of proper weed or pest control or any other conditions resulting in landscaping not being maintained to the
minimum standards as established for the Assessment District as stated in the most current revision of the specifications on file at that
time in the office of the Director of Public Works/City Engineer.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 Residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Northpark Boulevard is designated as a major
arterial street and represents 11% of the total maintenance area; thus 15% of 11% of the total costs of maintenance is deemed to be
of general benefit, and not assessable to the District. Mountain Drive is designated as a secondary arterial street and represents 27%
of the total maintenance area, thus 10% of 27% of the total costs of maintenance is deemed to be of general benefit, and not assessable
to the District. “H” Street is designated as a collector street and represents 10% of the total maintenance area; thus 5% of 10% of the
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Engineer’s Report MAD’s
Fiscal Year 2020-21
total costs of maintenance is deemed to be of general benefit, and not assessable to the District. The General Benefit is calculated by
taking the Area of General Benefit and dividing it by the total area to be maintained. The then percentage of total area of General Benefit
is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then multiplied by the derived factor from
above (15%, 10% and 5%). The result is the General Benefit of 4.85% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $14,052.10
Assessment Units 98
Fiscal Year 2020-21 Collectible per Unit $143.38
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $199.21 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year.
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3. MAD No. 1020 Page | 5
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1020 was formed on 1997 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1020 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Mill Street on the north, the southerly, easterly, and westerly lines of Tract No. 15652 on the south,
east and west, respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1020. The
improvements to be maintained include 2,640 sq. ft. of landscaping and all appurtenances (including one tree) along portions of the south
side of Mill Street, adjacent to Lots 8, 9 and 10 of Tract No. 15652.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation of its General Plan, this portion of Mill Street is designated as a major arterial
street. Thus 15% of the cost of landscaping maintenance and appurtenances along Mill Street, is deemed to be of general benefit and
not assessable to the parcels within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $2,514.02
Assessment Units 13
Fiscal Year 2020-21 Collectible per Unit $193.38
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $251.99 per unit.
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Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year. The CPI is typically
used for maintenance districts and the rate varies from year to year.
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4. MAD No. 1023 Page | 7
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1023 was formed on 1997 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1023 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Coulston Street on the north, the centerline of Richardson Street on the west, and the southerly and
easterly boundaries of Tract No. 15777 on the south and east, respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1023. The
improvements to be maintained include 14,200 sq. ft. of landscaping and all appurtenances and one tree along portions of the east side
of Elm Street south of Coulston Street and the south side of Coulston Street, between Elm Avenue and Richardson Street, within Tract
No. 15777.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation of its General Plan, this portion of Coulston Street is designated as a
secondary arterial street. Thus 10% of the cost of landscaping maintenance and appurtenances along Coulston Street, is deemed to
be of general benefit and not assessable to the parcels within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the district are publicly owned.
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4. MAD No. 1023 Page | 8
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $4,379.10
Assessment Units 84
Fiscal Year 2020-21 Collectible per Unit $52.12
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $153.98 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year. The CPI is typically
used for maintenance districts and varies from year to year.
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5. MAD No. 1024 Page | 9
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1024 was formed on 1998 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1024 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Inland Center Drive on the west, the San Bernardino County Flood Control District on the east, the
northerly and southerly boundaries of Tract No. 14706 on the north and south, respectively, and the southerly line of
Lot 38, Coburn Lots.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1024. The
improvements to be maintained include 16,500 sq. ft. of landscaping and all appurtenances along portions of the northerly side of
Riverwalk Drive, the easterly side of Inland Center Drive, the easterly side of Scenic Drive and Sewer Lift Station on Lot A, Tract No.
14706.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation of its General Plan, this portion of Inland Center Drive is designated as a
major arterial street. The landscape maintenance area within Inland Center Drive represents 10% of the total maintenance area within
the District and pursuant to the above determination of benefit, 15% of costs of maintenance for this street (i.e. 15% of 10% of the total
landscaping maintenance costs) will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The percentage
of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then
multiplied by the derived factor from above (15%). The result is the General Benefit of 0.26% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned. The City has an
easement across Lots A and B for a Sewer Lift Station (APN 0141-541-61) and Landscape Maintenance (APN 0141-541-62)
respectively. Since the City’s interest is only an easement, these lots will be nil assessed.
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5. MAD No. 1024 Page | 10
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $10,626.26
Assessment Units 66
Fiscal Year 2020-21 Collectible per Unit $161.00
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $358.14 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year. The CPI is typically
used for maintenance districts and the rate varies from year to year.
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6. Assessment Diagrams Page | 11
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
A reduced copy of the Assessment Diagrams are filed herewith, are incorporated by reference in Appendix B herein, and made part of
this Report.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal
year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment
and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount
applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
Information identified on these maps was received from several sources including the owner/developer, City of San Bernardino, and
the San Bernardino County Assessor’s Office.
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7. Assessment Rolls Page | 12
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The actual amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the latest equalized roll at
the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the
County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
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APPENDIX A
Assessment Rolls
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CC30 SP82 - AD 1017
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-241-45 $239.42 0261-521-05 $239.42 0261-521-42 $239.42
0261-241-46 $239.42 0261-521-06 $239.42 0261-571-01 $239.42
0261-241-47 $239.42 0261-521-07 $239.42 0261-571-02 $239.42
0261-241-48 $239.42 0261-521-08 $239.42 0261-571-03 $239.42
0261-241-49 $239.42 0261-521-09 $239.42 0261-571-04 $239.42
0261-241-50 $239.42 0261-521-10 $239.42 0261-571-05 $239.42
0261-241-51 $239.42 0261-521-11 $239.42 0261-571-06 $239.42
0261-241-52 $239.42 0261-521-12 $239.42 0261-571-07 $239.42
0261-241-53 $239.42 0261-521-13 $239.42 0261-571-08 $239.42
0261-241-54 $239.42 0261-521-14 $239.42 0261-571-09 $239.42
0261-241-55 $239.42 0261-521-15 $239.42 0261-571-10 $239.42
0261-241-56 $239.42 0261-521-16 $239.42 0261-571-11 $239.42
0261-241-57 $239.42 0261-521-17 $239.42 0261-571-12 $239.42
0261-241-58 $239.42 0261-521-18 $239.42 0261-571-13 $239.42
0261-241-59 $239.42 0261-521-19 $239.42 0261-571-14 $239.42
0261-241-60 $239.42 0261-521-20 $239.42 0261-571-15 $239.42
0261-241-61 $239.42 0261-521-21 $239.42 0261-571-16 $239.42
0261-241-62 $239.42 0261-521-22 $239.42 0261-571-17 $239.42
0261-241-63 $239.42 0261-521-23 $239.42 0261-571-18 $239.42
0261-241-64 $239.42 0261-521-24 $239.42 0261-571-19 $239.42
0261-241-65 $239.42 0261-521-25 $239.42 0261-571-20 $239.42
0261-241-66 $239.42 0261-521-26 $239.42 0261-571-21 $239.42
0261-241-67 $239.42 0261-521-27 $239.42 0261-571-22 $239.42
0261-241-68 $239.42 0261-521-28 $239.42 0261-571-23 $239.42
0261-241-69 $239.42 0261-521-29 $239.42 0261-571-24 $239.42
0261-241-70 $239.42 0261-521-30 $239.42 0261-571-25 $239.42
0261-241-71 $239.42 0261-521-31 $239.42 0261-571-26 $239.42
0261-241-72 $239.42 0261-521-32 $239.42 0261-571-27 $239.42
0261-241-73 $239.42 0261-521-33 $239.42 0261-571-28 $239.42
0261-241-74 $239.42 0261-521-34 $239.42 0261-571-29 $239.42
0261-241-75 $239.42 0261-521-35 $239.42 0261-571-30 $239.42
0261-241-76 $239.42 0261-521-36 $239.42 0261-571-31 $239.42
0261-241-77 $239.42 0261-521-37 $239.42 0261-571-32 $239.42
0261-521-01 $239.42 0261-521-38 $239.42 0261-571-33 $239.42
0261-521-02 $239.42 0261-521-39 $239.42 0261-571-34 $239.42
0261-521-03 $239.42 0261-521-40 $239.42 0261-571-35 $239.42
0261-521-04 $239.42 0261-521-41 $239.42 0261-571-36 $239.42
Totals Parcels 111 Levy $26,575.62
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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CC30 SP83 - AD 1019
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0154-761-01 $143.38 0154-761-34 $143.38 0154-761-67 $143.38
0154-761-02 $143.38 0154-761-35 $143.38 0154-761-68 $143.38
0154-761-03 $143.38 0154-761-36 $143.38 0154-761-69 $143.38
0154-761-04 $143.38 0154-761-37 $143.38 0154-761-70 $143.38
0154-761-05 $143.38 0154-761-38 $143.38 0154-761-71 $143.38
0154-761-06 $143.38 0154-761-39 $143.38 0154-761-72 $143.38
0154-761-07 $143.38 0154-761-40 $143.38 0154-761-73 $143.38
0154-761-08 $143.38 0154-761-41 $143.38 0154-761-74 $143.38
0154-761-09 $143.38 0154-761-42 $143.38 0154-761-75 $143.38
0154-761-10 $143.38 0154-761-43 $143.38 0154-761-76 $143.38
0154-761-11 $143.38 0154-761-44 $143.38 0154-761-77 $143.38
0154-761-12 $143.38 0154-761-45 $143.38 0154-761-78 $143.38
0154-761-13 $143.38 0154-761-46 $143.38 0154-761-79 $143.38
0154-761-14 $143.38 0154-761-47 $143.38 0154-761-80 $143.38
0154-761-15 $143.38 0154-761-48 $143.38 0154-761-81 $143.38
0154-761-16 $143.38 0154-761-49 $143.38 0154-761-82 $143.38
0154-761-17 $143.38 0154-761-50 $143.38 0154-761-83 $143.38
0154-761-18 $143.38 0154-761-51 $143.38 0154-761-84 $143.38
0154-761-19 $143.38 0154-761-52 $143.38 0154-761-85 $143.38
0154-761-20 $143.38 0154-761-53 $143.38 0154-771-01 $143.38
0154-761-21 $143.38 0154-761-54 $143.38 0154-771-02 $143.38
0154-761-22 $143.38 0154-761-55 $143.38 0154-771-03 $143.38
0154-761-23 $143.38 0154-761-56 $143.38 0154-771-04 $143.38
0154-761-24 $143.38 0154-761-57 $143.38 0154-771-05 $143.38
0154-761-25 $143.38 0154-761-58 $143.38 0154-771-06 $143.38
0154-761-26 $143.38 0154-761-59 $143.38 0154-771-07 $143.38
0154-761-27 $143.38 0154-761-60 $143.38 0154-771-08 $143.38
0154-761-28 $143.38 0154-761-61 $143.38 0154-771-09 $143.38
0154-761-29 $143.38 0154-761-62 $143.38 0154-771-10 $143.38
0154-761-30 $143.38 0154-761-63 $143.38 0154-771-11 $143.38
0154-761-31 $143.38 0154-761-64 $143.38 0154-771-12 $143.38
0154-761-32 $143.38 0154-761-65 $143.38 0154-771-13 $143.38
0154-761-33 $143.38 0154-761-66 $143.38
Totals Parcels 98 Levy $14,051.24
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP85 - AD 1020
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-661-79 $193.38 0142-661-84 $193.38 0142-791-05 $193.38
0142-661-80 $193.38 0142-791-01 $193.38 0142-791-06 $193.38
0142-661-81 $193.38 0142-791-02 $193.38 0142-791-07 $193.38
0142-661-82 $193.38 0142-791-03 $193.38
0142-661-83 $193.38 0142-791-04 $193.38
Totals Parcels 13 Levy $2,513.94
Assessment Roll
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CC30 SP84 - AD 1023
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0281-292-01 $52.12 0281-391-08 $52.12 0281-391-39 $52.12
0281-292-02 $52.12 0281-391-09 $52.12 0281-391-40 $52.12
0281-292-03 $52.12 0281-391-10 $52.12 0281-391-41 $52.12
0281-292-04 $52.12 0281-391-11 $52.12 0281-391-42 $52.12
0281-292-05 $52.12 0281-391-12 $52.12 0281-391-43 $52.12
0281-292-06 $52.12 0281-391-13 $52.12 0281-391-44 $52.12
0281-292-07 $52.12 0281-391-14 $52.12 0281-391-45 $52.12
0281-292-08 $52.12 0281-391-15 $52.12 0281-391-46 $52.12
0281-292-09 $52.12 0281-391-19 $52.12 0281-391-47 $52.12
0281-292-10 $52.12 0281-391-20 $52.12 0281-391-48 $52.12
0281-292-11 $52.12 0281-391-21 $52.12 0281-391-49 $52.12
0281-292-12 $52.12 0281-391-22 $52.12 0281-391-50 $52.12
0281-292-13 $52.12 0281-391-23 $52.12 0281-391-51 $52.12
0281-292-14 $52.12 0281-391-24 $52.12 0281-391-52 $52.12
0281-292-15 $52.12 0281-391-25 $52.12 0281-391-53 $52.12
0281-292-16 $52.12 0281-391-26 $52.12 0281-391-54 $52.12
0281-292-17 $52.12 0281-391-27 $52.12 0281-391-55 $52.12
0281-292-18 $52.12 0281-391-28 $52.12 0281-391-56 $52.12
0281-292-19 $52.12 0281-391-29 $52.12 0281-391-57 $52.12
0281-292-20 $52.12 0281-391-30 $52.12 0281-391-58 $52.12
0281-292-21 $52.12 0281-391-31 $52.12 0281-391-59 $52.12
0281-391-01 $52.12 0281-391-32 $52.12 0281-391-60 $52.12
0281-391-02 $52.12 0281-391-33 $52.12 0281-391-61 $52.12
0281-391-03 $52.12 0281-391-34 $52.12 0281-391-62 $52.12
0281-391-04 $52.12 0281-391-35 $52.12 0281-391-63 $52.12
0281-391-05 $52.12 0281-391-36 $52.12 0281-391-64 $52.12
0281-391-06 $52.12 0281-391-37 $52.12 0281-391-65 $52.12
0281-391-07 $52.12 0281-391-38 $52.12 0281-391-66 $52.12
Totals Parcels 84 Levy $4,378.08
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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CC30 SP86 - AD 1024
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0141-541-01 $161.00 0141-541-23 $161.00 0141-541-45 $161.00
0141-541-02 $161.00 0141-541-24 $161.00 0141-541-46 $161.00
0141-541-03 $161.00 0141-541-25 $161.00 0141-541-47 $161.00
0141-541-04 $161.00 0141-541-26 $161.00 0141-541-48 $161.00
0141-541-05 $161.00 0141-541-27 $161.00 0141-541-49 $161.00
0141-541-06 $161.00 0141-541-28 $161.00 0141-541-50 $161.00
0141-541-07 $161.00 0141-541-29 $161.00 0141-541-51 $161.00
0141-541-08 $161.00 0141-541-30 $161.00 0141-541-52 $161.00
0141-541-09 $161.00 0141-541-31 $161.00 0141-541-53 $161.00
0141-541-10 $161.00 0141-541-32 $161.00 0141-541-54 $161.00
0141-541-11 $161.00 0141-541-33 $161.00 0141-541-55 $161.00
0141-541-12 $161.00 0141-541-34 $161.00 0141-541-56 $161.00
0141-541-13 $161.00 0141-541-35 $161.00 0141-541-57 $161.00
0141-541-14 $161.00 0141-541-36 $161.00 0141-541-58 $161.00
0141-541-15 $161.00 0141-541-37 $161.00 0141-541-59 $161.00
0141-541-16 $161.00 0141-541-38 $161.00 0141-541-60 $161.00
0141-541-17 $161.00 0141-541-39 $161.00 0141-541-65 $161.00
0141-541-18 $161.00 0141-541-40 $161.00 0141-541-66 $161.00
0141-541-19 $161.00 0141-541-41 $161.00 0141-541-67 $161.00
0141-541-20 $161.00 0141-541-42 $161.00 0141-541-68 $161.00
0141-541-21 $161.00 0141-541-43 $161.00 0141-541-69 $161.00
0141-541-22 $161.00 0141-541-44 $161.00 0141-541-70 $161.00
Totals Parcels 66 Levy $10,626.00
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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APPENDIX B
Assessment Diagrams
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PINE AVEBAILEY CTKENDALL
DR
WASHINGTON ST
WHITE
PINE
AVE
TORREY PINE RD
§¨¦215
0 200 400100FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1017
Ê
Landscaping 58,025 sq. ft.
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H STNORTHPARK BLVD
LANTERNCRESTDR51ST ST
HILL DR SIERRA MESA RDSEQUOIA ST
SUNBROOK DRMOUNTIAN DRSUNCREST CIR
MOUNTAIN CREST DR
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1019
Ê
Landscaping 29,290 sq. ft.Contingent 21,375 sq. ft.
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DALLASAVE0 100 20050 FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1020
Ê
Landscaping 2,640 sq. ft.
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ELM AVECOULSTON STRICHAROSON STCURTIS STSHEDDEN DRCOLOMA STJASMIN CTLILAC CT§¨¦10
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1023
Ê
Landscaping 14,200 sq. ft.
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MONICAAVERIVERWALK
DR
RIVERWALK
DR
VALLEY VIEW DR0 100 20050 FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1024
Ê
Landscaping 16,500 sq. ft.Sewer Lift Station
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APPENDIX C
MAD District Cost Summary
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Packet Pg. 428 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -2 (6799 : Fiscal Year 2020-21
MAD No. 1017 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $12,147.21 $16,603.73
Maintenance of Ground Cover/Shrubs/Irrigation $3,488.05 $4,767.73
Maintenance of Trees/Irrigation $2,605.46 $3,561.33
Irrigation Costs (Water and Energy) $6,719.18 $9,184.28
Total Direct Costs $24,959.90 $34,117.08
Indirect Costs
Assessment Engineer $0.00 $1,219.82
City Administration $3,877.20 $2,732.59
Auditor-Controller $33.30 $33.30
Total Indirect Costs $3,910.50 $3,985.71
Total Costs $28,870.40 $38,102.79
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($7,831.09)
General Benefit Contribution ($2,800.43) ($3,695.97)
Total Adjustments ($2,800.43) ($11,527.06)
Total Assessment $26,069.97 $26,575.73
Estimated through June 30
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MAD No. 1019 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $8,459.09 $6,066.47
Maintenance of Trees/Irrigation $577.61 $414.24
Irrigation Costs (Water and Energy) $3,383.64 $2,426.59
Total Direct Costs $12,420.34 $8,907.29
Indirect Costs
Assessment Engineer $0.00 $896.10
City Administration $2,038.42 $1,181.87
Auditor-Controller $29.40 $29.40
Total Indirect Costs $2,067.82 $2,107.37
Total Costs $14,488.16 $11,014.66
Collection/(Contribution)
Operating Reserve $0.00 $3,571.65
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($702.68) ($534.21)
Total Adjustments ($702.68)$3,037.44
Total Assessment $13,785.49 $14,052.10
Estimated through June 30
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MAD No. 1020 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $1,441.10 $840.27
Maintenance of Trees/Irrigation $272.94 $159.14
Irrigation Costs (Water and Energy) $720.55 $420.14
Total Direct Costs $2,434.59 $1,419.55
Indirect Costs
Assessment Engineer $0.00 $150.37
City Administration $351.87 $208.33
Auditor-Controller $3.90 $3.90
Total Indirect Costs $355.77 $362.60
Total Costs $2,790.36 $1,782.15
Collection/(Contribution)
Operating Reserve $0.00 $999.19
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($418.55) ($267.32)
Total Adjustments ($418.55)$731.87
Total Assessment $2,371.81 $2,514.02
Estimated through June 30
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MAD No. 1023 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $2,341.10 $1,897.43
Maintenance of Trees/Irrigation $618.25 $501.08
Irrigation Costs (Water and Energy) $1,170.55 $948.72
Total Direct Costs $4,129.90 $3,347.23
Indirect Costs
Assessment Engineer $0.00 $593.69
City Administration $619.35 $37.68
Auditor-Controller $25.20 $25.20
Total Indirect Costs $644.55 $656.57
Total Costs $4,774.45 $4,003.80
Collection/(Contribution)
Operating Reserve $0.00 $775.68
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($477.45) ($400.38)
Total Adjustments ($477.45)$375.30
Total Assessment $4,297.01 $4,379.10
Estimated through June 30
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MAD No. 1024 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance Cost of Landscaping, Water and Energy $1,519.60 $4,571.68
Lift Station Maintenance (Includes Water and Energy) $7,367.77 $5,108.08
Total Direct Costs $8,887.37 $9,679.77
Indirect Costs
Assessment Engineer $0.00 $1,105.98
City Administration $1,543.83 $467.80
Auditor-Controller $19.80 $19.80
Total Indirect Costs $1,563.63 $1,593.58
Total Costs $10,451.00 $11,273.35
Collection/(Contribution)
Operating Reserve $0.00 $0.23
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($618.40)
General Benefit Contribution ($26.80) ($28.91)
Total Adjustments ($26.80) ($647.08)
Total Assessment $10,424.19 $10,626.26
Estimated through June 30
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CITY OF S AN BERNARDINO
Maintenance Assessment Districts
Volume 3
FISCAL YEAR 2020-21
FINAL ENGINEER'S REPORT
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Table of Contents
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Sections
i. Executive Summary i
ii. Introduction ii
iii. Engineers Signature vii
1. MAD No. 1025 1
2. MAD No. 1027 3
3. Assessment Diagrams 5
4. Assessment Rolls 6
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagrams
Appendix C – MAD District Cost Summary
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i. Executive Summary Page | i
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
AGENCY: CITY OF SAN BERNARDINO
PROJECT: MAINTENANCE ASSESSMENT DISTRICTS ENGINEER REPORT
TO: CITY COUNCIL
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO THE "ASSESSMENT LAW"
Pursuant to direction from the City Council (the “City Council”) of the City of San Bernardino (the “City”), State of California, submitted
herewith is the Engineer’s Report (the “Report”) for Maintenance Assessment Districts, consisting of the following parts, pursuant to the
Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of
California (the “Assessment Law”), and which is in accordance with Resolution No. 2020-__ adopted by the City of San Bernardino City
Council, San Bernardino County, California ordering preparation of this Report. This Report is applicable for the ensuing 12-month period,
being the Fiscal Year commencing July 1, 2020 to June 30, 2021.
Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping and
irrigation systems proposed to be funded.
Section 2 A COST ESTIMATE of maintaining the landscaping and irrigation systems including incidental costs and expenses in
connection therewith for Fiscal Year 2020-21, is as set forth on the lists thereof, attached hereto.
Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments,
indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several
lots and parcels of land within the Districts, in proportion to the estimated benefits to be received by such lots and
parcels.
Section 4 ASSESSMENT DIAGRAMS showing the Districts, the lines and dimensions of each parcel of land within said Districts,
as the same exists on the maps of the County of San Bernardino Assessor for Fiscal Year 2020-21, is filed in the
offices of the City of San Bernardino. An Assessment Diagram of the Districts can be found in Appendix B.
Section 5 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2020-21 apportioned to each parcel as
shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.
Maintenance
Assessment District Name
Actual Assessment
per Unit ($)
Maximum Assessment
per Unit ($)
MAD No. 1025 Palm Avenue and Washington Avenue Area $206.30 $206.32
MAD No. 1027 Waterman Avenue and Washington Street Area $156.20 $223.49
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ii. Introduction Page | ii
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
The City administers and maintains 63 Maintenance Assessment Districts (the “MADs”) and associated zones that have been established
over the last 39 years. The MADs provide a financing mechanism to maintain the public maintenance areas associated with each
particular development, ensuring the continued maintenance, operations, servicing, and administration of various improvements located
within the public right-of-way and dedicated easements; all within the boundaries of each MADs. There are 2 MADs which have no
improvements and are, therefore, not yet maintained.
This report has been prepared to support the annual assessment of the MADs within the City’s boundaries. The following information is
presented to provide general information about the MADs. Additional details specific to each MAD are listed in each MAD’s dedicated
section of this Engineer’s Report.
Current Annual Administration
As required by the Assessment Law, the Report includes: (1) a description of the improvements to be operated, maintained and serviced
by the District, (2) an estimated budget for the District, and (3) a listing of the proposed Fiscal Year 2020-21 assessments to be levied
upon each assessable lot or parcel within the Districts.
The City of San Bernardino will hold a Public Hearing on July 15, 2020, regarding the District which will provide an opportunity for
any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the
assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made
for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for
the purposes stated within this Report.
Designation of Maintenance Assessment District/Zones:
For your reference, you can find the following Maintenance Assessment Districts within the corresponding Volumes listed below:
Volume 1: MAD 95-1 (Zone 1), MAD 95-1 (Zone 2), MAD 95-2 (Zone 1, 2 and 2A), MAD 95-2 (Zone 3), MAD 953, MAD 956, MAD 959
(Zone 1), MAD 962, MAD 963, MAD 968, MAD 974, MAD 975, MAD 976, MAD 981, MAD 982, MAD 986, MAD 989, MAD 991, MAD
993, MAD 997, MAD 1001, MAD 1002, MAD 1005, MAD 1007, MAD 1012, and MAD 1016. These Maintenance Assessment Districts
listed are contained within Volume 1 and does not contain an annual escalator.
Volume 2: MAD 1017, MAD 1019, MAD 1020, MAD 1023 and MAD 1024. These Maintenance Assessment Districts listed are contained
within Volume 2 and does contain an annual CPI escalator only.
Volume 3: MAD 1025 and MAD 1027. These Maintenance Assessment Districts listed are contained within Volume 3 and has a 25%
general benefit of major arterial streets, 20% general benefit of secondary arterial streets, 15% general benefit of collector streets, and
100% special benefit of the local streets. These Maintenance Assessment Districts listed are contained in Volume 3 and contains an
annual escalator of 5% or CPI, whichever is less with other direct and special benefit requirements only pertaining to this Maintenance
District.
Volume 4: MAD 1028, MAD 1029, MAD 1030, MAD 1031, MAD 1032, MAD 1035 (Zone 1), MAD 1035 (Zone 2), MAD 1036, MAD 1037,
MAD 1038, MAD 1039, MAD 1040, MAD 1041, MAD 1042, MAD 1043 (Zone 1), MAD 1043 (Zone 2), MAD 1045, MAD 1046, MAD 1047,
MAD 1048, MAD 1050, MAD 1052, MAD 1054, MAD 1055, MAD 1056, MAD 1057, MAD 1059, MAD 1060, MAD 1063, MAD 1064, and
MAD 1068. These Maintenance Assessment Districts listed are contained within Volume 4 and contains an annual escalator of 5% or
CPI, whichever is less.
Volume 5: MAD 1022 (Zone 1), MAD 1022 (Zone 2) and MAD 1022 (Zone 3). These Maintenance Assessment Districts listed are
contained within Volume 5 and contains an annual escalator of 5% or CPI, whichever is less with other direct and special benefit
requirements only pertaining to this Maintenance District.
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ii. Introduction Page | iii
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Cost Estimate
The cost estimate contains each of the items specified in the Assessment Law.
The Assessment Law provides that the estimated costs of the improvements shall include the total cost of the improvements for the
entire Fiscal Year 2020-21, including incidental expenses, which may include operating reserves.
The Assessment Law also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of
improvements. The net amount to be assessed on the lots or parcels within the District is the total cost of installation, maintenance, and
servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
The District includes an annual inflation factor for future increases in assessments by a percentage equal to the increase in the
Consumer Price Index (CPI) in the Los Angeles-Riverside-Orange County Area, published by the United States Department of Labor,
Bureau of Labor Statistics over the previous year, or 5%, whichever is less.
There is a 1.94% proposed inflationary increase in the assessment per acre or per parcel as applicable over the assessment levied for
Fiscal Year 2019-20, which is consistent with the ballot proposition approved by the qualified electors when establishing said District.
Changes in Organization
There are no changes in organization for Fiscal Year 2020-21.
Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to
the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation
and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described
below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at
the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will
need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment
engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-
way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the
real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge
generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are
levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees
and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments
and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge
is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition
to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires
a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost
of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially
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City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in
the district or to the public at large. General enhancement of property value does not constitute “special benefit”.
The actual assessment and the amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the
latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part
of the records of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
Direct and Special Benefit
The maintenance of improvements provides direct and special benefit to those properties located within each of the Districts.
Each and every lot or parcel within the Districts, receives a particular and distinct benefit from the improvements over and above general
benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.
In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the
improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not
have been developed in the absence of the installation and expected maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Districts because of the
nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights,
traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the Districts by
moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in
close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g., control
sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the
flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing
traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and
other diseases spreading to landscaping located throughout the properties within the Districts. Streetlights also provide safety for
pedestrians and motorists living and owning property in the Districts during the nighttime hours, and to assign rights-of-way for the
safety of pedestrians and motorists by defining a specific path during all hours of the day.
Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and
overhead utilities. These elements are a distinct and special benefit to all developed parcels in the Districts. Streetlights are installed
on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.
Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of
fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the
facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the
motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.
The system of streets within the Districts are established to provide access to each parcel in the Districts. Streetlights provide a safer
street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within
the Districts, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express,
special benefit of the parcels within the District.
The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes
(especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.
Finally, the proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, and graffiti abatement, and
appurtenant structures improves the attractiveness of the properties within the Districts. This provides a positive visual experience each
and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well-being for properties
within the Districts.
Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the
improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, traffic signals, and bridge lights, and graffiti abatement are
apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis.
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City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals,
and bridge lights, and graffiti abatement are an integral part of the quality of life of the Districts. This quality of life is a special benefit to
those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements,
utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such
parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or
experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote
frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement
and are not assessed.
General Benefit
The Benefit received by the parcels within the boundaries of the Districts is determined to be of more than ordinary public benefit, thus
each parcel within the Districts being assessed receives special benefit from the improvements. If the property not within the boundaries
of a District also receives some benefit from the improvements, consideration must then be given to a general benefit given by the
improvements, which may not be assessed to the parcels within the Districts. Since the installation and maintenance of the landscaping
and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is
further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are
100% assessable to the parcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City’s General Plan,
are determined to be 25% general benefit and the proportional costs thereof are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City’s General
Plan, are determined to be 20% general benefit and the proportional costs thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City’s General Plan, are
determined to be 15% general benefit and the proportional costs thereof are not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District.
These percentages are based on the traffic circulation for the various street classifications.
Method of Apportionment
The Assessment Law permits the establishment of assessment districts by agencies for the purpose of providing certain public
improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for
landscape use, and appurtenant facilities. The Assessment Law further provides that assessments may be apportioned upon all
assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or
parcel from the improvements rather than assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot
or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by
the District to fairly apportion the costs based on the estimated benefit to each parcel.
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City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the
City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct
benefit over and above general benefits conferred on the public at large, including real property within the district. The general
enhancement of property value does not constitute a special benefit.
Whereas, the City Council of the City of San Bernardino, State of California, did, pursuant to the provisions of the Assessment Law,
adopted resolutions to initiate proceedings to form special assessment districts.
Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with the Assessment
Law.
Whereas, Section 22567 of said Article 4 states the Report shall consist of the following;
a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment districts
d. An assessment of the estimated costs of the maintenance of the improvements
Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of San Bernardino, pursuant to the Assessment Law, do
hereby submit the following:
1. Pursuant to the provisions of law the costs and expenses of the districts have been assessed upon the parcels of land in the
districts benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcel, reference is made to the Assessment Diagrams, a reduced copy of which is
included herein.
2. As required by law, the Diagrams are filed herewith, showing the districts, as well as the boundaries and dimensions of the
respective parcels and subdivisions of land within said districts as the same exist each of which subdivisions of land or parcels
or lots, respectively, have been given a separate number upon said Diagrams and in the Assessment Rolls contained herein.
3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagrams and Assessment
Rolls, correspond with the numbers assigned to each parcel by the San Bernardino County Assessor. Reference is made to the
County Assessment Roll for a description of the lots or parcels.
4. There are no parcels or lots within the assessment districts that are owned by a federal, state or other local governmental agency
that will benefit from the services to be provided by the assessments to be collected.
The City requested Spicer Consulting Group, LLC, to prepare and file an Engineer’s Report for the assessment districts pursuant to the
Assessment Law presenting plans and specifications describing the general nature, location and extent of the improvements to be
maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the assessment districts for
the referenced Fiscal Year, diagrams for the districts showing the areas and properties to be assessed, and assessments of the estimated
costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and-or parcels
within the districts in proportion to the special benefit received.
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City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Executed this day of 2020.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was filed with me on the _______ day of ____________, 2020. By Adoption of Resolution No. _______ by the City Council.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was approved and confirmed by the City Council of the City of San Bernardino, California, on the _____day of
___________, 2020.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
15th July
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1. MAD No. 1025 Page | 1
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1025 was formed on 2000 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1025 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Washington Avenue on the north, Palm Avenue on the east, and the southwesterly line of Tract No.
15743 on the southwest.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1025. The
improvements to be maintained include 18,150 sq. ft. of landscaping and all appurtenances (including one tree) along portions of the
west side of Palm Avenue, south of Washington Avenue, portions of Washington Avenue adjacent to Lot 1 of Tract No. 15743 and along
portions of the south side of Red Sky Avenue, all within Tract No. 15743.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, Palm Avenue is classified as a secondary arterial
street and represents 65.84% of the total areas of maintenance. Pursuant to the above determination of benefit, 20% of 65.84% of the
total cost of maintenance will not be assessed to the District. The remaining area of maintenance along the southwesterly side of Red
Sky Avenue, which is classified as a local street, is 100% special benefit and assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (20%). The result is the General Benefit of 13.17% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned
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1. MAD No. 1025 Page | 2
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $7,840.03
Assessment Units 38
Fiscal Year 2020-21 Collectible per Unit $206.30
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $206.32 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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2. MAD No. 1027 Page | 3
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1027 was formed on 2001 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1027 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerlines of Commercial Road on the north, Watermen Avenue on the east, Washington Street on the south,
and Wier Road, Heritage Lane, and Foxcroft Way on the west, all within the boundaries of Tract Nos. 15826 and 15991,
and within a certain easement granted to the City of San Bernardino by the City of Colton.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1027. The
improvements to be maintained include 97,749 sq. ft. landscaping and all appurtenances (including one tree) along portions of Waterman
Avenue, Washington Street, Wier Road, Heritage Lane, Foxcroft Way, Commercial Road, Carol Way, and Beverly Drive within Tract
Nos. 15826 and 15991, and within a certain easement granted to the City of San Bernardino by the City of Colton.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the district that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Waterman Avenue and Washington Street are both classified as major arterial streets and represent 39.13% of the total area of
maintenance. Pursuant to the above determination of benefit, 25% of 39.13% of the total cost of maintenance will not be assessed to
the District The remaining area of maintenance along the easterly side of Wier Road, Heritage Lane, Foxcroft Way, and the south side
of Commercial Road, the north and south side of Beverly Drive and the north side of Carol Way are classified as local streets, and are
100% special benefit assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (25%). The result is the General Benefit of 9.8% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned.
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2. MAD No. 1027 Page | 4
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $23,588.14
Assessment Units 151
Fiscal Year 2020-21 Collectible per Unit $156.20
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $223.49 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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3. Assessment Diagrams Page | 5
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
A reduced copy of the Assessment Diagrams are filed herewith, are incorporated by reference in Appendix B herein, and made part of
this Report.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal
year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment
and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount
applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
Information identified on these maps was received from several sources including the owner/developer, City of San Bernardino, and
the San Bernardino County Assessor’s Office.
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4. Assessment Rolls Page | 6
City of San Bernardino
MAD’s Engineer’s Report
Fiscal Year 2020-21
The actual amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the latest equalized roll at
the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the
County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
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APPENDIX A
Assessment Rolls
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Packet Pg. 450 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -3 (6799 : Fiscal Year 2020-21
CC30 SP87 - AD 1025
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-551-01 $206.30 0261-551-14 $206.30 0261-551-27 $206.30
0261-551-02 $206.30 0261-551-15 $206.30 0261-551-28 $206.30
0261-551-03 $206.30 0261-551-16 $206.30 0261-551-29 $206.30
0261-551-04 $206.30 0261-551-17 $206.30 0261-551-30 $206.30
0261-551-05 $206.30 0261-551-18 $206.30 0261-551-31 $206.30
0261-551-06 $206.30 0261-551-19 $206.30 0261-551-32 $206.30
0261-551-07 $206.30 0261-551-20 $206.30 0261-551-33 $206.30
0261-551-08 $206.30 0261-551-21 $206.30 0261-551-34 $206.30
0261-551-09 $206.30 0261-551-22 $206.30 0261-551-35 $206.30
0261-551-10 $206.30 0261-551-23 $206.30 0261-551-36 $206.30
0261-551-11 $206.30 0261-551-24 $206.30 0261-551-37 $206.30
0261-551-12 $206.30 0261-551-25 $206.30 0261-551-38 $206.30
0261-551-13 $206.30 0261-551-26 $206.30
Totals Parcels 38 Levy $7,839.40
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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CC30 SP89 - AD 1027
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0141-511-54 $156.20 0141-551-07 $156.20 0141-551-50 $156.20
0141-511-55 $156.20 0141-551-08 $156.20 0141-551-51 $156.20
0141-511-56 $156.20 0141-551-09 $156.20 0141-551-52 $156.20
0141-511-57 $156.20 0141-551-10 $156.20 0141-551-53 $156.20
0141-511-58 $156.20 0141-551-11 $156.20 0141-551-54 $156.20
0141-511-59 $156.20 0141-551-12 $156.20 0141-551-55 $156.20
0141-511-60 $156.20 0141-551-13 $156.20 0141-551-56 $156.20
0141-511-61 $156.20 0141-551-14 $156.20 0141-551-57 $156.20
0141-511-62 $156.20 0141-551-15 $156.20 0141-551-58 $156.20
0141-511-63 $156.20 0141-551-16 $156.20 0141-551-59 $156.20
0141-511-64 $156.20 0141-551-17 $156.20 0141-551-60 $156.20
0141-511-65 $156.20 0141-551-18 $156.20 0141-551-61 $156.20
0141-531-21 $156.20 0141-551-19 $156.20 0141-561-01 $156.20
0141-531-22 $156.20 0141-551-20 $156.20 0141-561-02 $156.20
0141-531-23 $156.20 0141-551-21 $156.20 0141-561-03 $156.20
0141-531-24 $156.20 0141-551-22 $156.20 0141-561-04 $156.20
0141-531-25 $156.20 0141-551-23 $156.20 0141-561-05 $156.20
0141-531-26 $156.20 0141-551-24 $156.20 0141-561-06 $156.20
0141-531-27 $156.20 0141-551-25 $156.20 0141-561-07 $156.20
0141-531-28 $156.20 0141-551-26 $156.20 0141-561-08 $156.20
0141-531-29 $156.20 0141-551-27 $156.20 0141-561-09 $156.20
0141-531-30 $156.20 0141-551-28 $156.20 0141-561-10 $156.20
0141-531-31 $156.20 0141-551-29 $156.20 0141-561-11 $156.20
0141-531-32 $156.20 0141-551-30 $156.20 0141-561-12 $156.20
0141-531-33 $156.20 0141-551-31 $156.20 0141-561-13 $156.20
0141-531-34 $156.20 0141-551-32 $156.20 0141-561-14 $156.20
0141-531-35 $156.20 0141-551-33 $156.20 0141-561-15 $156.20
0141-531-36 $156.20 0141-551-34 $156.20 0141-561-16 $156.20
0141-531-37 $156.20 0141-551-35 $156.20 0141-561-17 $156.20
0141-531-38 $156.20 0141-551-36 $156.20 0141-561-18 $156.20
0141-531-39 $156.20 0141-551-37 $156.20 0141-561-19 $156.20
0141-531-40 $156.20 0141-551-38 $156.20 0141-561-20 $156.20
0141-531-41 $156.20 0141-551-39 $156.20 0141-561-21 $156.20
0141-531-42 $156.20 0141-551-40 $156.20 0141-561-22 $156.20
0141-531-43 $156.20 0141-551-41 $156.20 0141-561-23 $156.20
0141-531-44 $156.20 0141-551-42 $156.20 0141-561-24 $156.20
0141-531-45 $156.20 0141-551-43 $156.20 0141-561-25 $156.20
0141-551-01 $156.20 0141-551-44 $156.20 0141-561-26 $156.20
0141-551-02 $156.20 0141-551-45 $156.20 0141-561-27 $156.20
0141-551-03 $156.20 0141-551-46 $156.20 0141-561-28 $156.20
0141-551-04 $156.20 0141-551-47 $156.20 0141-561-29 $156.20
0141-551-05 $156.20 0141-551-48 $156.20 0141-561-30 $156.20
0141-551-06 $156.20 0141-551-49 $156.20 0141-561-31 $156.20
Assessment Roll
Page 1 of 2 City of San Bernardino
Engineer's Report
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CC30 SP89 - AD 1027
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0141-561-32 $156.20 0141-571-07 $156.20 0141-571-15 $156.20
0141-561-33 $156.20 0141-571-08 $156.20 0141-571-16 $156.20
0141-571-01 $156.20 0141-571-09 $156.20 0141-571-17 $156.20
0141-571-02 $156.20 0141-571-10 $156.20 0141-571-18 $156.20
0141-571-03 $156.20 0141-571-11 $156.20 0141-571-19 $156.20
0141-571-04 $156.20 0141-571-12 $156.20 0141-571-20 $156.20
0141-571-05 $156.20 0141-571-13 $156.20
0141-571-06 $156.20 0141-571-14 $156.20
Totals Parcels 151 Levy $23,586.20
Page 2 of 2 City of San Bernardino
Engineer's Report
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APPENDIX B
Assessment Diagrams
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Packet Pg. 454 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -3 (6799 : Fiscal Year 2020-21
IRVINGTON AVE
R
E
D
SKY
AVE
PALM AVEWASHINGTON ST
C
A
BLE
C
R
EEK
CHANNEL APPALOOSA AVEESCENA STKENDALL
DR VERDEMONT RANCH RD§¨¦215 0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1025
Ê
Landscaping 18,1 50 sq. ft.
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Packet Pg. 455 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -3 (6799 : Fiscal Year 2020-21
YOUNGCTERINWAYWEIRRDWATERMAN AVEC A R O L WAY
MELI N D A LNKIM BER LY CTMOLLYDRMANC
H
E
S
T
E
R
LN
ANDREW LNFOXCROTTWAYH
E
R
I
T
AGELNCOMMERCI
A
L
D
R
BEVERLY DR MELISSA WAYW A S H IN G TO N S TCARL PL0 200 400100FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1027
Ê
Landscaping 99,749 sq. ft.
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APPENDIX C
MAD District Cost Summary
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MAD No. 1025 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $5,127.40 $4,696.61
Maintenance of Trees/Irrigation $134.52 $123.22
Irrigation Costs (Water and Energy) $2,441.62 $2,236.48
Total Direct Costs $7,703.54 $7,056.31
Indirect Costs
Assessment Engineer $0.00 $359.86
City Administration $1,142.23 $804.53
Auditor-Controller $11.40 $11.40
Total Indirect Costs $1,153.63 $1,175.79
Total Costs $8,857.17 $8,232.10
Collection/(Contribution)
Operating Reserve $0.00 $691.93
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,166.32) ($1,084.01)
Total Adjustments ($1,166.32) ($392.08)
Total Assessment $7,690.85 $7,840.02
Estimated through June 30
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MAD No. 1027 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $14,537.86 $15,981.02
Maintenance of Trees/Irrigation $371.82 $408.73
Irrigation Costs (Water and Energy) $7,268.93 $7,990.51
Total Direct Costs $22,178.61 $24,380.26
Indirect Costs
Assessment Engineer $0.00 $1,548.96
City Administration $3,425.79 $1,943.29
Auditor-Controller $45.30 $45.30
Total Indirect Costs $3,471.09 $3,537.55
Total Costs $25,649.70 $27,917.81
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,598.70)
General Benefit Contribution ($2,509.10) ($2,730.98)
Total Adjustments ($2,509.10) ($4,329.68)
Total Assessment $23,140.59 $23,588.14
Estimated through June 30
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Packet Pg. 460 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -3 (6799 : Fiscal Year 2020-21
CITY OF S AN BERNARDINO
Maintenance Assessment Districts
Volume 4
FISCAL YEAR 2020-21
FINAL ENGINEER'S REPORT
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Table of Contents
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Sections
i. Executive Summary i
ii. Introduction iii
iii. Engineers Signature viii
1. MAD No. 1028 1
2. MAD No. 1029 3
3. MAD No. 1030 5
4. MAD No. 1031 7
5. MAD No. 1032 8
6. MAD No. 1035 Zone 1 10
7. MAD No. 1035 Zone 2 12
8. MAD No. 1036 14
9. MAD No. 1037 16
10. MAD No. 1038 18
11. MAD No. 1039 20
12. MAD No. 1040 22
13. MAD No. 1041 24
14. MAD No. 1042 26
15. MAD No. 1043 Zone 1 28
16. MAD No. 1043 Zone 2 30
17. MAD No. 1045 32
18. MAD No. 1046 34
19. MAD No. 1047 36
20. MAD No. 1048 38
21. MAD No. 1050 40
22. MAD No. 1052 42
23. MAD No. 1054 44
24. MAD No. 1055 46
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Table of Contents
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
25. MAD No. 1056 48
26. MAD No. 1057 50
27. MAD No. 1059 52
28. MAD No. 1060 54
29. MAD No. 1063 56
30. MAD No. 1064 58
31. MAD No. 1068 60
32. Assessment Diagrams 62
33. Assessment Rolls 63
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagrams
Appendix C – MAD District Cost Summary
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i. Executive Summary Page | i
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
AGENCY: CITY OF SAN BERNARDINO
PROJECT: MAINTENANCE ASSESSMENT DISTRICTS ENGINEER REPORT
TO: CITY COUNCIL
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO THE "ASSESSMENT LAW"
Pursuant to direction from the City Council (the “City Council”) of the City of San Bernardino (the “City”), State of California, submitted
herewith is the Engineer’s Report (the “Report”) for Maintenance Assessment Districts, consisting of the following parts, pursuant to the
Charter of the City of San Bernardino and Section 19 of Article 16 and in compliance with Article XIII D of the Constitution of the State of
California (the “Assessment Law”), and which is in accordance with Resolution No. 2020-__ adopted by the City of San Bernardino City
Council, San Bernardino County, California ordering preparation of this Report. This Report is applicable for the ensuing 12-month period,
being the Fiscal Year commencing July 1, 2020 to June 30, 2021.
Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping and
irrigation systems proposed to be funded.
Section 2 A COST ESTIMATE of maintaining the landscaping and irrigation systems including incidental costs and expenses in
connection therewith for Fiscal Year 2020-21, is as set forth on the lists thereof, attached hereto.
Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments,
indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several
lots and parcels of land within the Districts, in proportion to the estimated benefits to be received by such lots and
parcels.
Section 4 ASSESSMENT DIAGRAMS showing the Districts, the lines and dimensions of each parcel of land within said Districts,
as the same exists on the maps of the County of San Bernardino Assessor for Fiscal Year 2020-21, is filed in the
offices of the City of San Bernardino. An Assessment Diagram of the Districts can be found in Appendix B.
Section 5 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2020-21 apportioned to each parcel as
shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.
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i. Executive Summary Page | i
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Maintenance
Assessment District Name
Actual Assessment
per Unit ($)
Maximum Assessment
per Unit ($)
MAD No. 1028 Ohio Avenue and Walnut Avenue Area $150.06 $150.08
MAD No. 1029 California Street and 16th Street Area $141.00 $193.45
MAD No. 1030 Magnolia Avenue and Ohio Avenue Area $129.74 $224.30
MAD No. 1031 Irvington Avenue and Olive Avenue Area $220.40 $323.79
MAD No. 1032 Palm Avenue and Verdemont Drive $92.22 $147.83
MAD No. 1035 Zone 1 Palm Avenue and Meyers Road $369.40 $414.62
MAD No. 1035 Zone 2 Palm Avenue and Meyers Road $131.92 $131.93
MAD No. 1036 Northpark Boulevard and Campus Parkway $617.02 $1,253.50
MAD No. 1037 Belmont Avenue and Magnolia Avenue $147.42 $359.84
MAD No. 1038 Orange Show Road and Arrowhead Avenue $37.99 $261.51
MAD No. 1039 Irvington Avenue and Chestnut Avenue Area $99.38 $206.03
MAD No. 1040 Acacia Avenue and Hill Drive Area $320.36 $811.77
MAD No. 1041 Magnolia Avenue and Ohio Avenue Area $591.66 $915.02
MAD No. 1042 Shandin Hills Drive and Shady Creek Drive $904.08 $904.09
MAD No. 1043 Zone 1 Palm Avenue and Irvington Avenue Area $177.10 $249.46
MAD No. 1043 Zone 2 Palm Avenue and Irvington Avenue Area $280.80 $412.82
MAD No. 1045 Waterman Avenue and Orange Show Road Area $72.11 $72.11
MAD No. 1046 Northpark Boulevard and Northstar Avenue Area $306.78 $306.79
MAD No. 1047 Ohio Avenue and Pine Avenue Area $708.94 $924.52
MAD No. 1048 Eucalyptus Avenue and Randall Avenue Area $318.80 $465.29
MAD No. 1050 Pepper Avenue and Rialto Avenue Area $278.58 $341.62
MAD No. 1052 Belmont Avenue and Chestnut Avenue Area $236.76 $456.66
MAD No. 1054 Campus Parkway and Valles Drive Area $378.46 $498.93
MAD No. 1055 Pine Avenue and Redwood Street Area $534.62 $992.49
MAD No. 1056 Magnolia Avenue and Garfield Street Area $465.26 $499.62
MAD No. 1057 Cajon Boulevard and University Parkway Area $52.00 $106.99
MAD No. 1059 Orange Show Road and Tippecanoe Avenue $16.00 $28.63
MAD No. 1060 Chiquita Lane and Date Street Area $457.84 $943.07
MAD No. 1063 Central Avenue and Lena Road Area $14.89 $186.44
MAD No. 1064 Cajon Boulevard and Glen Helen Parkway Area $10.83 $168.12
MAD No. 1068 Tippecanoe Avenue and Central Avenue Area $1.22 $40.63
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
The City administers and maintains 63 Maintenance Assessment Districts (the “MADs”) and associated zones that have been established
over the last 39 years. The MADs provide a financing mechanism to maintain the public maintenance areas associated with each
particular development, ensuring the continued maintenance, operations, servicing, and administration of various improvements located
within the public right-of-way and dedicated easements; all within the boundaries of each MADs. There are 2 MADs which have no
improvements and are, therefore, not yet maintained.
This report has been prepared to support the annual assessment of the MADs within the City’s boundaries. The following information is
presented to provide general information about the MADs. Additional details specific to each MAD are listed in each MAD’s dedicated
section of this Engineer’s Report.
Current Annual Administration
As required by the Assessment Law, the Report includes: (1) a description of the improvements to be operated, maintained and serviced
by the District, (2) an estimated budget for the District, and (3) a listing of the proposed Fiscal Year 2020-21 assessments to be levied
upon each assessable lot or parcel within the Districts.
The City of San Bernardino will hold a Public Hearing on July 15, 2020, regarding the District which will provide an opportunity for
any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the
assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made
for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for
the purposes stated within this Report.
Designation of Maintenance Assessment District/Zones:
For your reference, you can find the following Maintenance Assessment Districts within the corresponding Volumes listed below:
Volume 1: MAD 95-1 (Zone 1), MAD 95-1 (Zone 2), MAD 95-2 (Zone 1, 2 and 2A), MAD 95-2 (Zone 3), MAD 953, MAD 956, MAD 959
(Zone 1), MAD 962, MAD 963, MAD 968, MAD 974, MAD 975, MAD 976, MAD 981, MAD 982, MAD 986, MAD 989, MAD 991, MAD
993, MAD 997, MAD 1001, MAD 1002, MAD 1005, MAD 1007, MAD 1012, and MAD 1016. These Maintenance Assessment Districts
listed are contained within Volume 1 and does not contain an annual escalator.
Volume 2: MAD 1017, MAD 1019, MAD 1020, MAD 1023 and MAD 1024. These Maintenance Assessment Districts listed are contained
within Volume 2 and does contain an annual CPI escalator only.
Volume 3: MAD 1025 and MAD 1027. These Maintenance Assessment Districts listed are contained within Volume 3 and has a 25%
general benefit of major arterial streets, 20% general benefit of secondary arterial streets, 15% general benefit of collector streets, and
100% special benefit of the local streets. These Maintenance Assessment Districts listed are contained in Volume 3 and contains an
annual escalator of 5% or CPI, whichever is less with other direct and special benefit requirements only pertaining to this Maintenance
District.
Volume 4: MAD 1028, MAD 1029, MAD 1030, MAD 1031, MAD 1032, MAD 1035 (Zone 1), MAD 1035 (Zone 2), MAD 1036, MAD 1037,
MAD 1038, MAD 1039, MAD 1040, MAD 1041, MAD 1042, MAD 1043 (Zone 1), MAD 1043 (Zone 2), MAD 1045, MAD 1046, MAD 1047,
MAD 1048, MAD 1050, MAD 1052, MAD 1054, MAD 1055, MAD 1056, MAD 1057, MAD 1059, MAD 1060, MAD 1063, MAD 1064, and
MAD 1068. These Maintenance Assessment Districts listed are contained within Volume 4 and contains an annual escalator of 5% or
CPI, whichever is less.
Volume 5: MAD 1022 (Zone 1), MAD 1022 (Zone 2) and MAD 1022 (Zone 3). These Maintenance Assessment Districts listed are
contained within Volume 5 and contains an annual escalator of 5% or CPI, whichever is less with other direct and special benefit
requirements only pertaining to this Maintenance District.
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Cost Estimate
The cost estimate contains each of the items specified in the Assessment Law.
The Assessment Law provides that the estimated costs of the improvements shall include the total cost of the improvements for the
entire Fiscal Year 2020-21, including incidental expenses, which may include operating reserves.
The Assessment Law also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of
improvements. The net amount to be assessed on the lots or parcels within the District is the total cost of installation, maintenance, and
servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
The District includes an annual inflation factor for future increases in assessments by a percentage equal to the increase in the
Consumer Price Index (CPI) in the Los Angeles-Riverside-Orange County Area, published by the United States Department of Labor,
Bureau of Labor Statistics over the previous year, or 5%, whichever is less.
There is a 1.94% proposed inflationary increase in the assessment per acre or per parcel as applicable over the assessment levied for
Fiscal Year 2020-21, which is consistent with the ballot proposition approved by the qualified electors when establishing said District.
Changes in Organization
There are no changes in organization for Fiscal Year 2020-21.
Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to
the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation
and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described
below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at
the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will
need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment
engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-
way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the
real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge
generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are
levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees
and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments
and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge
is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition
to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires
a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost
of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially
benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
“Special benefit” means a particular and distinct benefit over and above general benefits conferred
on real property located in the district or to the public at large. General enhancement of property
value does not constitute “special benefit”.
The actual assessment and the amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the
latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part
of the records of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
Direct and Special Benefit
The maintenance of improvements provides direct and special benefit to those properties located within each of the Districts.
Each and every lot or parcel within the Districts, receives a particular and distinct benefit from the improvements over and above general
benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.
In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the
improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not
have been developed in the absence of the installation and expected maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the Districts because of the
nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights,
traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the Districts by
moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in
close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g., control
sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the
flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing
traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and
other diseases spreading to landscaping located throughout the properties within the Districts. Streetlights also provide safety for
pedestrians and motorists living and owning property in the Districts during the nighttime hours, and to assign rights-of-way for the
safety of pedestrians and motorists by defining a specific path during all hours of the day.
Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and
overhead utilities. These elements are a distinct and special benefit to all developed parcels in the Districts. Streetlights are installed
on and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.
Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of
fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the
facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the
motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.
The system of streets within the Districts are established to provide access to each parcel in the Districts. Streetlights provide a safer
street environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within
the Districts, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express,
special benefit of the parcels within the District.
The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes
(especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.
Finally, the proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, and graffiti abatement, and
appurtenant structures improves the attractiveness of the properties within the Districts. This provides a positive visual experience each
and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well-being for properties
within the Districts.
Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the
improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, traffic signals, and bridge lights, and graffiti abatement are
apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis.
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals,
and bridge lights, and graffiti abatement are an integral part of the quality of life of the Districts. This quality of life is a special benefit to
those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements,
utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such
parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or
experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote
frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement
and are not assessed.
General Benefit
The Benefit received by the parcels within the boundaries of the Districts is determined to be of more than ordinary public benefit, thus
each parcel within the Districts being assessed receives special benefit from the improvements. If the property not within the boundaries
of a District also receives some benefit from the improvements, consideration must then be given to a general benefit given by the
improvements, which may not be assessed to the parcels within the Districts. Since the installation and maintenance of the landscaping
and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is
further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are
100% assessable to the parcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City’s General Plan,
are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City’s General
Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City’s General Plan, are
determined to be 5% general benefit and the proportional costs thereof are not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District.
These percentages are based on the traffic circulation for the various street classifications.
Method of Apportionment
The Assessment Law permits the establishment of assessment districts by agencies for the purpose of providing certain public
improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for
landscape use, and appurtenant facilities. The Assessment Law further provides that assessments may be apportioned upon all
assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or
parcel from the improvements rather than assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot
or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by
the District to fairly apportion the costs based on the estimated benefit to each parcel.
In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the
City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct
benefit over and above general benefits conferred on the public at large, including real property within the district. The general
enhancement of property value does not constitute a special benefit.
Whereas, the City Council of the City of San Bernardino, State of California, did, pursuant to the provisions of the Assessment Law,
adopted resolutions to initiate proceedings to form special assessment districts.
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with the Assessment
Law.
Whereas, Section 22567 of said Article 4 states the Report shall consist of the following;
a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment districts
d. An assessment of the estimated costs of the maintenance of the improvements
Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of San Bernardino, pursuant to the Assessment Law, do
hereby submit the following:
1. Pursuant to the provisions of law the costs and expenses of the districts have been assessed upon the parcels of land in the
districts benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcel, reference is made to the Assessment Diagrams, a reduced copy of which is
included herein.
2. As required by law, the Diagrams are filed herewith, showing the districts, as well as the boundaries and dimensions of the
respective parcels and subdivisions of land within said districts as the same exist each of which subdivisions of land or parcels
or lots, respectively, have been given a separate number upon said Diagrams and in the Assessment Rolls contained herein.
3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagrams and Assessment
Rolls, correspond with the numbers assigned to each parcel by the San Bernardino County Assessor. Reference is made to the
County Assessment Roll for a description of the lots or parcels.
4. There are no parcels or lots within the assessment districts that are owned by a federal, state or other local governmental agency
that will benefit from the services to be provided by the assessments to be collected.
The City requested Spicer Consulting Group, LLC, to prepare and file an Engineer’s Report for the assessment districts pursuant to the
Assessment Law presenting plans and specifications describing the general nature, location and extent of the improvements to be
maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the assessment districts for
the referenced Fiscal Year, diagrams for the districts showing the areas and properties to be assessed, and assessments of the estimated
costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots and-or parcels
within the districts in proportion to the special benefit received.
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Executed this day of 2020.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was filed with me on the _______ day of ____________, 2020. By Adoption of Resolution No. _______ by the City Council.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was approved and confirmed by the City Council of the City of San Bernardino, California, on the _____day of
___________, 2020.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
July15th
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1. MAD No. 1028 Page | 1
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1028 was formed in 2002 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1028 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Ohio Avenue on the north; the centerline of Walnut Avenue on the east; the centerline of Olive Avenue
on the west; and the southerly line of Tract No. 14193 on the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1028. The
improvements to be maintained include 28,190 sq. ft. of landscaping and all appurtenances (including one tree) along portions of Ohio
Avenue, Walnut Avenue, Meyers Road and Olive Avenue, all within Tract No. 14193.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
All of the streets along which maintenance is proposed are local streets with the exception of Ohio Avenue, which is classified as a
collector street. Ohio Avenue represents 18.30% of the total areas of maintenance. Pursuant to the above determination of benefit,
5% of 18.30% of the total cost of maintenance will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 0.92% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Bailey Creek Channel (APN 0261-581-77), which runs through the tract, is
publicly owned, but receives no benefit from the maintenance and thus will not be assessed.
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1. MAD No. 1028 Page | 1
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $11,405.78
Assessment Units 76
Fiscal Year 2020-21 Collectible per Unit $150.06
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $150.08 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the district.
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2. MAD No. 1029 Page | 2
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1029 was formed in 2003 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1029 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The north line of Tract No. 13822 on the north, the east line of Tract No. 13822 on the east; the centerline of California
Street on the west; and the centerline of 16th Street on the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1029. The
improvements to be maintained include 12,074 sq. ft. of landscaping and all appurtenances (including 1 tree) along portions of the east
side of California Street, north of 16th Street and along portions of the north side of 16th street, east of California Street, all within the
boundaries of Tract No. 13822.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Of the streets along which maintenance is proposed, California Street is classified as a collector street, and represents 6,554 square
feet of maintenance, or 54% of the total area. 16th Street is classified a secondary arterial street and represents 5,520 square feet of
maintenance, or 46% of the total area. Pursuant to the above determination of benefit, 7.3% (5% of 54% + 10% of 46%) of the total
cost of maintenance will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5% and 10%). The result is the General Benefit of 7.3% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned lands within the boundaries of the District.
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Packet Pg. 474 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
2. MAD No. 1029 Page | 3
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $5,358.04
Assessment Units 38
Fiscal Year 2020-21 Collectible per Unit $141.00
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $193.45 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 475 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
3. MAD No. 1030 Page | 4
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1030 was formed in 2004 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1030 are shown on the Assessment District located in Appendix B of this Report and is generally described
as follows:
The centerline of Ohio Avenue on the south, the centerline of Magnolia Avenue on the west, the northerly boundary of
Tract No. 14604 on the north, and the easterly boundary of Tract No. 14604 on the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1030. The
improvements to be maintained include 22,425 Sq. Ft. of landscaping and all appurtenances (including 1 tree) along portions of the north
side of Ohio Avenue, east of Magnolia Avenue, and the east side of Magnolia Avenue, north of Ohio Avenue.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Ohio Avenue is classified as a collector street and represents 70.61% of the total are to be maintained; thus 5% of 70.61% of the total
cost of maintenance is deemed to be general benefit and will not be assessed to the District. Magnolia Avenue is a local street in this
area, and 100% of the cost for maintenance along this area are assessable to the District as described above.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 3.5% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $6,097.96
Assessment Units 47
Fiscal Year 2020-21 Collectible per Unit $129.74
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $224.30 per unit.
8.i
Packet Pg. 476 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
3. MAD No. 1030 Page | 5
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 477 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
4. MAD No. 1031 Page | 6
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1031 was formed in 2003 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1031 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Irvington Avenue on the north; the east line of Tract No. 15407 on the east; the west line of Tract No.
15407 on the west; and the south line of Lot “A” of Tract No. 15407 on the south.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1031. The
improvements to be maintained includes 80,000 sq. ft. of landscaping and all appurtenances (including one tree) within portions of Lot
“A” of Tract No. 15407.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Lot “A” is located along the south side of Brenda Drive, which is classified as a local street, and represents 100% of the total area to
be maintained; thus 100% of the total cost of maintenance will be assessed to the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $23,584.37
Assessment Units 107
Fiscal Year 2020-21 Collectible per Unit $220.40
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $323.79 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 478 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
5. MAD No. 1032 Page | 7
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1032 was formed in 2004 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1032 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Palm Avenue on the west, the centerline of Verdemont Drive on the south, the northerly boundary of
Tract No. 14352 on the north, and the easterly boundary of Tract No. 14352 on the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1032. The
improvements to be maintained include 21,280 sq. ft. of landscaping and one tree along portions of the north side of Verdemont Drive,
easterly of Palm Avenue, within Tract No. 14352.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Verdemont Drive is classified as a local street and represents 100% of the total area to be maintained; thus 100% of the total cost of
maintenance will be assessed to the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $5,902.08
Assessment Units 64
Fiscal Year 2020-21 Collectible per Unit $92.22
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $147.83 per unit.
8.i
Packet Pg. 479 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
5. MAD No. 1032 Page | 8
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 480 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
6. MAD No. 1035 Zone 1 Page | 9
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1035 Zone 1 was formed in 2004 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1035 Zone 1 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerlines of Ohio Avenue to the north and Palm Avenue to the west, both within the boundaries of Tract No.
13572; and the southerly and easterly lines of Tract No. 13572.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1035. The
improvements to be maintained include 30,475 sq. ft. of landscaping and all appurtenances (including 1 tree) along portions of the east
side of Palm Avenue, the south side of Ohio Avenue, the north side of Myers Road and the slope along the southerly boundary of Tract
No. 13572, all within Tract No. 13572 for Zone 1.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
These portions of Palm Avenue and Ohio Avenue are classified as collector streets, and represent 25.6% of the total area to be
maintained; thus 5% of 25.6% of the total cost of maintenance is deemed to be general benefit and will not be assessed by the District.
Meyers Road is classified as a local street and the Slope along the southerly line of Tract No. 13572 are deemed to be special benefit;
thus 100% of the costs of maintenance for those areas will be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 1.28% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District.
8.i
Packet Pg. 481 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
6. MAD No. 1035 Zone 1 Page | 10
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $11,082.30
Assessment Units 30
Fiscal Year 2020-21 Collectible per Unit $369.40
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $414.62 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 482 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
7. MAD No. 1035 Zone 2 Page | 11
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1035 Zone 2 was formed in 2004 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1035 Zone 2 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerlines of Palm Avenue to the east and Belmont Avenue to the south, both within the boundaries of Tract No.
15538; and the northerly, southerly and westerly lines of Tract No. 15538.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1035. The
improvements to be maintained include 1,650 sq. ft. of landscaping (including 1 tree) on the west side of Palm Avenue at Akron Street
within Tract No. 15538.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
This portion of Palm Avenue is classified as a collector street and represents 100% of the total area to be maintained; thus 5% of
100% of the total cost of maintenance is deemed to be general benefit and will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 5% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $1,715.10
Assessment Units 13
Fiscal Year 2020-21 Collectible per Unit $131.92
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $131.93 per unit.
8.i
Packet Pg. 483 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
7. MAD No. 1035 Zone 2 Page | 12
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 484 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
8. MAD No. 1036 Page | 13
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1036 was formed in 2005 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1036 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The boundaries of Tract No. 16509 together with all of Campus Parkway right of way lying between Kendall Drive and
Northpark Boulevard; Northpark Boulevard right of way lying between Campus Parkway and University Parkway,
including the unimproved portion of Northpark Boulevard directly south of Campus Parkway; and that area lying
between the easterly line of improved Northpark Boulevard and the easterly line of said Tract No. 16509, between the
Campus Parkway and University Parkway, and Lot 14 of Tract No. 2404.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1036. The
improvements to be maintained include landscaping and all appurtenances (including hardscaped areas) within portions of:
1,615,182 sq. ft. of median and parkway landscaping and all appurtenances (including 1 tree) within Campus Parkway, from Kendall
Drive to Northpark Boulevard; within Northpark Boulevard from Campus Parkway to University Parkway; Valles Drive, between Campus
Parkway and Sycamore Street; and Ash Street between Northpark Boulevard and Sycamore Street.
Slope and Open Space areas within Lots, “B”, “C”, “D”, “E”, “F”, “H”, “I”, “J”, “L”, “M”, “N” and the rear slope within Lots 152 through 156
of Tract No. 16509, and as said Lots may be re-designated and/or reapportioned under future phases of said Tract No. 16509; and Lots
“A” and “B” of Tract No. 16509-1, as said lots are delineated on the map of said Tract.
Open space passive park at the corner of Campus Parkway and Northpark Boulevard (area includes unimproved Northpark Boulevard
right of way and within landscape easement on State University property).
Open space park area located on the northeast corner of Kendall Drive and University Parkway (landscaping and hardscaping only);
Park amenities, including “tot-lot” equipment, to be maintained by the City and the costs thereof are not assessable to the District.
Entry monuments and lighting, and 31,846 sq. ft. of hardscape and all appurtenances at Campus Parkway and Valles Drive and at Ash
Street and Northpark Boulevard.
Walking/Hiking/Bicycle trails in various locations within portions of the slope and open space areas.
2 concrete structure gazebos located at various locations.
23 benches at various locations along trails and open space areas.
Drainage facilities including concrete “v” ditches.
35 de-silting dry-wells (“Maxwell Drains”) at various locations throughout Tract No. 16509.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
8.i
Packet Pg. 485 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
8. MAD No. 1036 Page | 14
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Campus Parkway and Northpark Boulevard are both classified as major arterial streets within which maintenance is proposed. The
landscape maintenance area within these streets represents 12% (rounded) of the total landscape maintenance area within the District
and pursuant to the above determination of benefit, 15% of costs of maintenance for these streets (i.e. 15% of 12% of total maintenance
costs) will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit of 1.80% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The various publicly owned lands within the District, including City owned
open space lots, State of California open space lots portions of County of San Bernardino owned parcels will not be assessed, since
these parcels are either landscaped or within right of way and will not be developed for either residential or commercial use and thus
receive no special benefit from the maintenance.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $220,665.73
Assessment Units 357.63
Fiscal Year 2020-21 Collectible per Unit $617.02
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $1,253.50 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 486 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
9. MAD No. 1037 Page | 15
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1037 was formed in 2004 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1037 are shown on the Boundary Map located in Appendix B of this Reports and is generally described as
follows:
The centerline of Belmont Avenue to the south; the centerline of Magnolia Avenue to the west; the centerline of Meyers
Road to the north; and the easterly line of Tract No. 13630 to the east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1037. The
improvements to be maintained include 29,207 sq. ft. of landscaping and all appurtenances (including 1 tree) along portions of the north
side of Belmont Avenue east of Magnolia Avenue, the east side of Magnolia Avenue, north of Belmont Avenue and Lot 34, located at the
southeast corner of Magnolia Avenue and Meyers Road, all within Tract No. 13630.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
This portion of Belmont Avenue is classified as a collector street and represents 61% of the total area to be maintained; thus 5% of
61% of the total cost of maintenance is deemed to be general benefit and will not be assessed by the District.
This portion of Magnolia Avenue is currently classified as a local street and 100% of the maintenance along this street is assessable
to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 3.05% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Lot 34 (APN 0261-651-34), which is part of landscape area, is non-buildable
and receives no benefit and thus exempt from assessments. There are no other publicly owned parcels within the boundaries of the
District.
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9. MAD No. 1037 Page | 16
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $4,865.02
Assessment Units 33
Fiscal Year 2020-21 Collectible per Unit $147.42
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $359.84 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 488 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
10. MAD No. 1038 Page | 17
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1038 was formed in 2005 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1038 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Orange Show Road to the south; the centerline of Arrowhead Avenue to the west; and the north and
east line of Parcel Map No. 16222 to the north and to the east respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1038. The
improvements to be maintained include 75,380 sq. ft. of landscaping and all appurtenances (including1 tree) along portions of the north
side of Orange Show Road, east of Arrowhead Avenue, the east side of Arrowhead Avenue, north of Orange Show Road, the north and
south sides of Orange Show Lane, east of Arrowhead Avenue and the west side of Sierra Way, north of Orange Show Lane, all within
Parcel Map No. 16222.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the area of each lot or parcel that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District
boundaries. Since the development for this area is commercial use, assessment units are assigned to each lot or parcel based on the
number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot
size of 7,200 square feet as set forth in the City’s General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to
determine its assigned assessment unit or portion thereof. (7,200 Square Feet = 1 Assessment Unit).
These portions of Orange Show Lane and Sierra Way are currently classified as local streets and 100% of the maintenance cost along
these streets are assessable to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%) The result is the General Benefit of 7.2% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned lands within the boundaries of the District.
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10. MAD No. 1038 Page | 18
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $3,051.60
Assessment Units 80.32
Fiscal Year 2020-21 Collectible per Unit $37.99
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $261.51 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 490 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
11. MAD No. 1039 Page | 19
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1039 was formed in 2005 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1039 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Belmont Avenue on the northeast; the centerline of Magnolia Avenue on the northwest; the centerline
of Irvington Avenue on the southwest; the easterly line of that certain 45 foot easement to the City of San Bernardino
for recreational trails, being a portion of vacated Chestnut Avenue, together with the full right of way boundaries at the
intersection of Belmont Avenue and vacated Chestnut Avenue and the intersection of Irvington Avenue and Chestnut
Avenue; and also together with that certain landscape easement dedicated to the City of San Bernardino for landscape
maintenance across the most northwesterly corner of Lot 44 of Tract No 13307; and also together within easements
granted to the City of San Bernardino for landscape maintenance across the most northwesterly 15 feet of Lot 30 and
Lots 66 through 70 of said Tract No. 13307.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1039. The
improvements to be maintained include 40,425 sq. ft. of landscaping and all appurtenances (including one tree) within portions of Belmont
Avenue, east of Magnolia Avenue, portions of Magnolia Avenue, south of Belmont Avenue and along the trail system along Los Robles
Way described herein.
Entry monuments and lighting, and hardscapes and all appurtenance at Irvington Avenue and Belmont Avenue.
39,975 sq. ft. of Walking/Bicycle/Equestrian trails and appurtenances: meandering trails located along Los Robles Way, between Irvington
Avenue and Belmont Avenue; equestrian trail (15 foot in width) is decomposed granite; walking/bicycle trail (15 foot in width) is asphalt-
concrete. Trails are separated by 700 linear feet of rail vinyl fence.
Two exercise stations along the trail system.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Belmont Avenue is classified as a collector street within which maintenance is proposed. The trail system and appurtenant landscaping
for this tract is a part of a regional trail system that extends northwesterly and is deemed to have the same general benefit as a collector
street. The landscape maintenance area within Belmont Avenue and the trail system represents 87% (rounded) of the total maintenance
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11. MAD No. 1039 Page | 20
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
area within the District and pursuant to the above determination of benefit, 5% of costs of maintenance for these streets (i.e. 5% of 87%
of the total maintenance costs) will not be assessed to the District. These general benefit portion of these costs will need to be funded
from the City’s General Fund or other non-district source of funding.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 4.34% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The various publicly owned lands within the District, including City owned
open space lots, State of California open space lots, and portions of County of San Bernardino owned parcels will not be assessed,
since these parcels are either landscaped or within right of way and will not be developed for either residential or commercial use and
thus receives no benefit from the maintenance.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $12,621.98
Assessment Units 127
Fiscal Year 2020-21 Collectible per Unit $99.38
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $206.03 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 492 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
12. MAD No. 1040 Page | 21
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1040 was formed in 2005 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1040 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The southerly, eastern, and westerly lines of Tract No. 10260, and along the northerly line of the fuel modification are
lying San Bernardino County Flood Control District property on the north, as described in San Bernardino County
Permit No. P-22005070 to the City of San Bernardino, dated September 2, 2005, and future extension of said permit,
as may be granted by the County of San Bernardino.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1040. The district
will maintain 170,145 sq. ft. of landscaping (including one tree) within slopes along the southerly sides of Lot 23 through 29, the westerly
side of Lots 20 through 23, the easterly and westerly sides of Acacia Avenue, all within Tract No. 10260; and the fuel modification area
within San Bernardino County Flood Control Property located adjacent to and northerly of Lots 10 through 19 of Tract No. 10260.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Acacia Avenue is designated as a
local street. All other landscaping is within easements or permit areas not located along any public street, thus 100% of the cost of
landscaping maintenance and appurtenances, is deemed to be of special benefit and assessable to the lots within the Assessment
District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. It has been determined the San Bernardino County Flood Control property
(APN 0270-051-19) will not receive any benefit from the maintenance under the Assessment District and will not be assessed.
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12. MAD No. 1040 Page | 22
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $14,736.87
Assessment Units 46
Fiscal Year 2020-21 Collectible per Unit $320.36
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $811.77 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 494 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
13. MAD No. 1041 Page | 23
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1041 was formed in 2006 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1041 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Magnolia Avenue on the northwest, the centerline of Ohio Avenue on the northeast, and the
southeasterly and southwesterly line of Tract No. 15228 on the southeast and southwest.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1041. The
improvements to be maintained include 46,771 sq. ft. of parkway and slope landscaping (including one tree) on the easterly side of
Magnolia Avenue, parkway and slope landscaping on the south side of Ohio Avenue, landscaping and drainage swales on slopes along
the southerly side of Lots 10 through 17, inclusive, and the easterly side of Lot 10, and the landscaping of the drainage swale/access
area between the side yards of Lots 10 and 11.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Magnolia Avenue is designated as
a collector street and this portion of Ohio Avenue is also a collector street. All other landscaping is within easements or permit areas
not located along any public street, thus 95% of the cost of landscaping maintenance and appurtenances fronting on Magnolia Avenue
and Ohio Avenue (that is, 5% of the cost of is general benefit) is deemed to be of Special benefit, and 100% of the cost of landscaping
maintenance and appurtenances of the remainder of the public landscaping within Tract No. 15228 is deemed to be of special benefit
and assessed to the lots within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 1.01% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. It has been determined the City of San Bernardino property will not receive
any benefit from the maintenance under the Assessment District and will not be assessed.
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13. MAD No. 1041 Page | 24
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $10,058.41
Assessment Units 17
Fiscal Year 2020-21 Collectible per Unit $591.66
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $915.02 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 496 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
14. MAD No. 1042 Page | 25
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1042 was formed in 2006 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1042 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
Shandin Hills Drive and the easterly, northerly, westerly, and southerly boundary lines of Tract No. 14254, including
the fuel modification area lying within City of San Bernardino property on the north, west, and south of the proposed
residential lots
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1042. The
improvements to be maintained include 417,130 sq. ft. of landscaping (including 1 tree) within slopes along Shandin Hills Drive including
the easterly sides of Lots 1 through 3, the easterly side of Lots 52 through 57, and the easterly side of Lot 72, all within Tract No. 14254;
and the fuel modification area and detention basins within City of San Bernardino property shown as Lot “A” on the map of Tract No.
14254.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Shandin Hills Drive is designated
as a local street. All other landscaping is within easements or permit areas not located along any public street, thus 100% of the cost
of landscaping maintenance and appurtenances, is deemed to be of special benefit and assessable to the lots within the Assessment
District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. It has been determined that the City of San Bernardino property will not
receive any benefit from the maintenance under the Assessment District and will not be assessed.
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14. MAD No. 1042 Page | 26
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $65,094.16
Assessment Units 72
Fiscal Year 2020-21 Collectible per Unit $904.08
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $904.09 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 498 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
15. MAD No. 1043 Zone 1 Page | 27
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1043 Zone 1 was formed in 2005 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1043 Zone 1 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Palm Avenue to the east; the centerline of Irvington Avenue to the south; the north and west lines of
Tract No. 15940 to the north and to the west, respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1043 Zone 1. The
improvements to be maintained includes 22,770 sq. ft. of landscaping and all appurtenances (including one tree) along portions of the
west side of Palm Avenue, the north side of Irvington Avenue and along portions of the north and south side of Blue Mountain Street all
within the boundaries of Tract No. 15940.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
This portion of Palm Avenue is classified as a secondary arterial street and represents 68% of the total area to be maintained; thus
10% of 68% of the total cost of maintenance is deemed to be general benefit and will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10%). The result is the General Benefit of 6.81% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $7,261.53
Assessment Units 41
Fiscal Year 2020-21 Collectible per Unit $177.10
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $249.46 per unit.
8.i
Packet Pg. 499 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
15. MAD No. 1043 Zone 1 Page | 28
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 500 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
16. MAD No. 1043 Zone 2 Page | 29
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1043 Zone 2 was formed in 2005 to fund the maintenance of various improvements and services
within the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1043 Zone 2 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Palm Avenue to the west; the centerline of Irvington Avenue to the south; the centerline of Olive Avenue to the
east; the north line of Tract No. 16457 to the north.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1043 Zone 2. The
improvements to be maintained includes 46,495 sq. ft. of landscaping and all appurtenances (including 1 tree) along portions of the north
side of Irvington Avenue; The east side of Mount Carmela Lane, the west side of Olive Avenue, the west side of Eagles Glen Street, the
north side of Muir Mountain Way, and the east and west sides of Mt. McKinley Way, all within the boundaries of Tract No. 16457.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
All of the streets within Zone 2 are classified as local streets and represents 100% of the total area to be maintained and 100% of the
total cost of maintenance is deemed to be special benefit and will be assessed to Zone 2.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $13,197.78
Assessment Units 47
Fiscal Year 2020-21 Collectible per Unit $280.80
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $412.82 per unit.
8.i
Packet Pg. 501 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
16. MAD No. 1043 Zone 2 Page | 30
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 502 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
17. MAD No. 1045 Page | 31
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1045 was formed in 2007 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1045 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The westerly line of Waterman Avenue on the west; and the northerly, easterly, and southerly boundary of Tract No.
17972 on the north, east and south respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1045. The
improvements to be maintained include 30,899 sq. ft. of landscaping (including one tree) along portions of the easterly side of Waterman
Avenue and the median in Waterman Avenue adjacent to Tract No. 17972. The maintenance of 2,684 sq. ft. of hardscape areas,
monument signs and appurtenant lighting.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the area of each parcel or lot that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District
boundaries. Since the development for this area is commercial use, assessment units are assigned to each lot or parcel based on the
number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot
size of 7,200 square feet as set forth in the City’s General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to
determine its assigned assessment unit or portion thereof. (7,200 Square Feet = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation of its General Plan, this portion of Waterman Avenue is designated as a major
arterial street, thus 15% of the cost of landscaping maintenance and appurtenances along Waterman Avenue, and the center median
on Waterman Avenue adjacent to site, is deemed to be of general benefit and not assessable to the lots within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
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Packet Pg. 503 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
17. MAD No. 1045 Page | 32
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $9,714.98
Assessment Units 134.72
Fiscal Year 2020-21 Collectible per Unit $72.11
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $72.11 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 504 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
18. MAD No. 1046 Page | 33
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1046 was formed in 2006 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1046 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Northpark Boulevard on the north and the westerly and the easterly lines of Tract No. 16865.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1046. The
improvements to be maintained include 9,560 sq. ft. of landscaping (including one tree) along portions of the south side of Northpark
Boulevard and along portions of Northstar Avenue within the westerly slopes of Lots 15 and 19, all within Tract No. 16865. The District
will apportion the annual costs of the maintenance of the authorized improvements and the administration of the District to each property
according to the special benefit to be conferred on each such property by such improvements.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Northpark Boulevard is designated
as a major arterial street and represent 26% of the total maintenance area; thus 15% of 26% of the total costs of maintenance and is
deemed to be of general benefit, and not assessable to the District.
Northstar Boulevard is deemed to be a local street, thus 100% of the cost of landscaping maintenance and appurtenances along this
portion of the District is deemed to be of special benefit and assessable to the lots within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit of 3.90% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. No publicly owned lands are located within the boundaries of the Assessment
District. All public streets and rights of way are exempt from assessments.
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Packet Pg. 505 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
18. MAD No. 1046 Page | 34
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $5,828.98
Assessment Units 19
Fiscal Year 2020-21 Collectible per Unit $306.78
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $306.79 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 506 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
19. MAD No. 1047 Page | 35
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1047 was formed in 2006 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1047 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Ohio Avenue to the south and the westerly, northerly and easterly lines of Tract No. 16547 to the
west, north and east.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1047. The
improvements to be maintained includes 30,975 sq. ft. of landscaping and all appurtenances (including 1 tree) along portions of the north
side of Ohio Avenue east of Pine Avenue and landscaping, hardscape and local trail within a strip of land, being the San Gabriel Municipal
Water District easement, along the northwesterly portion of Lots 1 through 5, all within Tract No’ 16547. A 10 foot wide thinning area
along the westerly portion of said Water District easement will also be maintained under the Assessment District.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
This portion of Ohio Avenue is currently classified as a local street and 100% of the maintenance along this street is assessable to the
District
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. There are no publicly owned parcels within the boundaries of the District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $5,671.59
Assessment Units 8
Fiscal Year 2020-21 Collectible per Unit $708.94
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $924.52 per unit.
8.i
Packet Pg. 507 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
19. MAD No. 1047 Page | 36
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 508 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
20. MAD No. 1048 Page | 37
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1048 was formed in 2006 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1048 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
Eucalyptus Avenue, Randall Avenue, and westerly and northerly boundary lines of Tract No. 17273.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1048. The
improvements to be maintained include 13,953 sq. ft. of parkway and slope landscaping (including one tree) along the west side of
Eucalyptus Avenue and along the north side of Randall Avenue.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Eucalyptus Avenue is designated
as a collector street and this portion of Randall Avenue is designated as a local street. Therefore, 77.4% of the cost of landscaping
maintenance and appurtenances fronting on Eucalyptus Avenue is deemed to be of special benefit (that is, 22.6% of the cost is deemed
to be general benefit). All other landscaping is within easements or permit areas not located along any public street, thus 100% of the
cost of landscaping maintenance and appurtenances of said easements or permit areas is deemed to be special benefit and assessable
to the lots within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 1.13% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. It has been determined that the City of San Bernardino property will not
receive any benefit from the maintenance under the Assessment District and will not be assessed.
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Packet Pg. 509 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
20. MAD No. 1048 Page | 38
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $6,376.11
Assessment Units 20
Fiscal Year 2020-21 Collectible per Unit $318.80
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $465.29 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 510 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
21. MAD No. 1050 Page | 39
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1050 was formed in 2007 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1050 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Rialto Avenue on the north; the centerline of Pepper Avenue on the east; and the southerly and
westerly lines of Tract No. 17076 on the south and west respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1050. The
improvements to be maintained include 5,155 sq. ft of landscaping (including one tree) along portions of the westerly side of Pepper
Avenue, along portions of the southerly side of Rialto Avenue west of Pepper Avenue, and the northerly side of Machala Place of Tract
No. 17076.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Pepper Avenue and Rialto Avenue
are designated as major arterial streets and this portion of Machala Place is designated as a local street. Thus 15% of the cost of
landscaping maintenance and appurtenances along Pepper and Rialto Avenues, is deemed to be of general benefit and not assessable
to the lots within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned.
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Packet Pg. 511 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
21. MAD No. 1050 Page | 40
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $3,900.25
Assessment Units 14
Fiscal Year 2020-21 Collectible per Unit $278.58
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $341.62 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
8.i
Packet Pg. 512 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
22. MAD No. 1052 Page | 41
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1052 was formed in 2007 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1052 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The center line of Ohio Avenue to the northeast; the northwesterly line of Tract No. 16795 to the northwest; the
centerline of Belmont Avenue to the southwest; the southeasterly line of Lot “A” to the southeast, together with those
certain landscape easements dedicated to the City of San Bernardino for landscaping maintenance purposes across
the northwesterly 15 feet of Lots 26 through 33 of Tract No. 13603, adjoining Lot “A”.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1052. The
improvements to be maintained include 32,519 sq. ft. of landscaping (including 132 trees) along portions of Belmont Avenue, westerly
of vacated Chestnut Avenue; portions of vacated Chestnut Avenue, between Belmont Avenue and Ohio Avenue, including portions of
Lot “AS” as shown on the map of Tract No. 16795; portions of Ohio Avenue, westerly of vacated Chestnut Avenue; and portions of
Ofelia Drive southwesterly of Landon Drive.
21,313 sq. ft. of Walking/Equestrian trails and appurtenances located within vacated Chestnut Avenue and Lot “A” referenced above,
between Belmont Avenue and Ohio Avenue. Equestrian trail (width varies with an average of 15 feet in width) is decomposed granite;
walking/bicycle trail (width varies with an average of 10 feet in width) is asphalt-concrete. Trails are separated by 1,350 linear feet of rail
vinyl fence and appurtenances.
One monument entry sign, tubular fencing and hardscape including concrete bollards, pilasters, landscaping walls and all appurtenances.
Portions of the landscaping along the southeasterly line of the trail system are proposed to be within easements across Lots 26 through
33 of Tract No. 13603. In the event that easements are not obtained across any or all of these lots in the future, those areas will be
excluded from maintenance under the District, and maintenance costs will be reduced accordingly.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Belmont Avenue and Ohio Avenue are classified as collector streets within which maintenance is proposed. Although the trail system
and appurtenant landscaping and hardscaping is part of a regional trail system, there is a proportional special benefit to the adjacent
tract due to its proximity and immediate access. However, it is deemed to have the same general benefit characteristics as a secondary
arterial street. Ofelia Drive is classified as a local street.
The landscape maintenance areas within Belmont Avenue and Ohio Avenue represent 12% of the total maintenance areas within the
District and pursuant to the above determination of benefit, 5% of costs of maintenance for these areas (i.e. 5% of 12% of total
maintenance costs) will not be assessed to the district.
The Trail system and appurtenant landscaping and hardscaping represents 86% of the total maintenance areas within the District and
pursuant to the above determination of benefit, 10% of costs of maintenance for these areas (i.e. 10% of 86% of total maintenance
costs) will not be assessed to the district.
Landscaping within Ofelia Drive represents 2% of the total maintenance area in the District and pursuant to the above determination of
benefit, all of this area is assessable to the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10% and 5%). The result is the General Benefit of 9.2% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The only publicly owned parcel is Lot “A”, which is owned by the City of San
Bernardino and contains portions of the trail system and appurtenant landscaping and hardscaping. Since this parcel is not developable,
it receives no benefit and thus will not be assessed.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $12,785.13
Assessment Units 54
Fiscal Year 2020-21 Collectible per Unit $236.76
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $456.66 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 514 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
23. MAD No. 1054 Page | 43
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1054 was formed in 2006 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1054 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Campus Parkway on the south; the northerly and westerly line of Tract No. 17699 on the north and
west respectively; together with City owned parcel, identified as Assessors Parcel Number 0151-311-05 to the
northeast of the Tract.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1054. The
improvements to be maintained include 26,583 sq. ft. of landscaping (including one tree) and 1,682 sq. ft. of hardscape areas (including
monument signs and appurtenant lighting) along portions of the northerly side of Campus Parkway; portions of the open space located
along the southwesterly side of Tract No. 17699, and portions of the Water Department property northeasterly of the Tract.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Campus Parkway is designated as
a secondary arterial street and represents 94% of the total maintenance area within the District and pursuant to the above
determination of benefit, 10% of the costs of maintenance this area (i.e. 10% of 94% of total maintenance costs) will not be assessed
to the District. All other landscaping is within easements.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10%). The result is the General Benefit of 9.40% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The San Bernardino City owned property (APN 0151-311-05) and the
common area parcel (APN 0151-411-23) receive no benefit from the landscaping and hardscape maintenance. Thus, these properties
are not assessable to the District.
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23. MAD No. 1054 Page | 44
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $8,326.18
Assessment Units 22
Fiscal Year 2020-21 Collectible per Unit $378.46
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $498.93 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 516 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
24. MAD No. 1055 Page | 45
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1055 was formed in 2007 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1055 are shown on the Assessment Diagram located in Appendix B of this Reports and is generally described
as follows:
The centerline of Ohio Avenue to the north, the centerline of Belmont Avenue to the south, the centerline of Pine
Avenue to the west and the easterly boundaries of Tract No. 17716 to the east, together with Lot A-A of Tract No.
13036, which contains the sewer lift station.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1055. The
improvements to be maintained include 120,680 sq. ft. of landscaping (including one tree) within portions of Lot A and Lot B of Tract No.
17716 and within property leased by the City on behalf of the Assessment District. Lots A and B of Tract No. 17716 are encumbered by
an easement to San Gabriel Municipal Water District, which does not adversely affect the City’s ability to carry out landscape maintenance
operations. San Gabriel Valley Water District has given their written consent to carry out the maintenance of landscaping across these
lots. The 60 foot strip of land adjacent to and westerly of Lots A and B are owned in fee by the Metropolitan Water District of Southern
California (“MWD”). MWD has agreed to lease the property to the City for the purpose of landscape maintenance. The initial lease rate
was $2,325 per year and subjected to an increase every two years based on the Consumer Price Index (“CPI”), but not to exceed 5%.
In the event of a reduction in the CPI, the lease rate shall not be less than the initial rate stated herein. In the event the lease is terminated
by MWD, no further maintenance will be carried out by the Assessment District within MWD’s property and future assessments will be
adjusted accordingly.
The pro rata share of maintenance cost for an existing sewer lift station located at the corner of Christine Street and Christopher Street,
which will also serve the 39 parcels within this tract. The maintenance costs of the lift station are currently being paid for by an existing
Assessment District consisting of 335 parcels that is being served adjacent to this tract. The rate to be paid by the additional 39 parcels
will be proportional to the total number of parcels being served by the lift station, Thus the District will pay 39/374ths, or 10.43%, of the
total costs of maintenance, which will then be spread across the 39 parcels.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
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24. MAD No. 1055 Page | 46
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Based on the City of San Bernardino’s current circulation element of its General Plan, Pine Avenue is classified as a secondary arterial
street. The landscape maintenance area along Pine Avenue is 100% of the total landscape maintenance area within the District.
Pursuant to the above determination of benefit, 10% of total costs of maintenance will not be assessed to the District. This general
benefit portion of these costs will need to be funded from the City’s General Fund or other non-district source of funding.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The various publicly owned lands within the District, including City owned
lots and property owned by MWD will not be assessed (APN 0261-731-40-00, APN 0261-731-41-00 and APN 0261-731-42-00), since
these parcels will not be developed and thus receive no benefit from the maintenance.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $20,850.24
Assessment Units 39
Fiscal Year 2020-21 Collectible per Unit $534.62
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $992.49 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 518 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
25. MAD No. 1056 Page | 47
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1056 was formed in 2018 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1056 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Ohio Avenue on the south; the westerly boundary of Tentative Tract No. 16502 on the west; the
centerline of Verdemont Drive on the north, and the centerline of Magnolia Avenue on the east, in perpetuity; together
with the temporary fuel modification easement area granted to the City of San Bernardino in Document No. 2007-
0443229, recorded 7/30/2007 in Official Records of the County of San Bernardino, until such time that the said
easement has been extinguished.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1056. The
improvements to be maintained include 18,212 sq. ft. of landscaping (including 79 trees) within slopes along portions of the northerly
side of Ohio Avenue, landscaping within slopes along portions of the westerly side of Magnolia Avenue and landscaping within a 23,113
sq. ft. detention basin situated on lots “A” and “B”, all within Tract No. 16502, as well as a 150’ wide temporary fuel modification area
located outside of Tract 16502 along the northwesterly boundary of Tract No. 16502.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit). Vacant lots will be assessed a prorated share of the cost of maintenance
equivalent to the number of residential lots that could be built, based on the minimum lot size of 10,800 square feet as set forth in the
City’s General Plan for Residential Low Zone. Thus, each vacant lot or parcel area (in square feet) is divided by 10,800 to determine its
assigned assessment unit or portion thereof. (10,800 Square Feet = 1 Assessment Unit)
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25. MAD No. 1056 Page | 48
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Based on the City of San Bernardino’s current circulation element of its General Plan, the portions of Ohio Avenue and Magnolia Avenue
are designated as collector streets. Thus 5% of the cost of landscaping maintenance and appurtenances along Ohio Avenue and
Magnolia Avenue, are deemed to be of general benefit and not assessable to the lots with the Assessment District.
The landscape maintenance areas within Ohio Avenue and Magnolia Avenue represent 44% of the total maintenance areas within the
District and pursuant to the above determination of benefit, 5% of costs of maintenance for these areas (i.e. 5% of 44% of total
maintenance costs) will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (5%). The result is the General Benefit of 2.20% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $17,680.43
Assessment Units 38
Fiscal Year 2020-21 Collectible per Unit $465.26
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $499.62 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 520 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
26. MAD No. 1057 Page | 49
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1057 was formed in 2007 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1057 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The northeasterly line of the B.N.S.F. Railroad on the southwest, the centerline of University Parkway on the northwest
and the northeasterly and southeasterly lines of Parcel Map No. 17375 on the northeast and southeast respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1057. The
improvements to be maintained include the 102,810 sq. ft. detention basin along the southeasterly side of Parcel Map No. 17375, also
known as Lot “D”. Maintenance in the detention basin will consist of periodic cutting of native vegetation and removal of debris and silt
as needed. The 85,451 sq. ft. of landscaping and all appurtenances (including 61 trees) within slopes along portions on the easterly and
westerly sides of University Parkway.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the area of lots or parcels that utilize the landscaped area either as ingress and egress or by
actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and the
Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries. The
benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District
boundaries. Since the development for this area is commercial use, assessment units are assigned to each lot or parcel based on the
number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot
size of 7,200 square feet as set forth in the City’s General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to
determine its assigned assessment unit or portion thereof. (7,200 Square Feet = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation of its General Plan, this portion of University Parkway is designated as a
major arterial street. Thus, 15% of the cost of landscaping maintenance and appurtenances along University Parkway, is deemed to
be of general benefit and not assessable to the parcels within the Assessment District.
The landscape maintenance area within University Parkway represent 45.39% of the total maintenance area within the District and
pursuant to the above determination of benefit, 15% of costs of maintenance for this area (i.e. 5% of 45.39% of total maintenance costs)
will not be assessed to the district.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit of 6.81% needed for the District.
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City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The Detention Basin (APN 0148-011-70) receives no benefit from the
maintenance thus is not assessable to the District. The City of San Bernardino right of way (APN 0148-011-61) receives no benefit
therefore exempt from assessment.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $33,012.20
Assessment Units 634.85
Fiscal Year 2020-21 Collectible per Unit $52.00
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $106.99 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 522 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
27. MAD No. 1059 Page | 51
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1059 was formed in 2008 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1059 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
Orange Show Road, Tippecanoe Avenue, and the northerly, westerly, and southerly boundary lines of Parcel Map
No.17132.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1059. The
improvements to be maintained include 7,073 sq. ft. of median landscaping within Orange Show Road adjacent to the development.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit). The parcels of land within the District are all zoned commercial. To determine
the number of equivalent residential Assessment Units per commercial parcel, the square footage of each such parcel is divided by
7,200 square feet.
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Orange Show Road is designated
as a major arterial street. Thus 100% of the landscaping maintenance and appurtenances in the Orange Show Road median fronting
Parcel Map No. 17132 is deemed to be Area of General Benefit, and there is no other landscaping maintenance assessable to the lots
within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The percentage
of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then
multiplied by the derived factor from above (15%). The result is the General Benefit of 15% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. It has been determined that the City of San Bernardino property will not
receive any benefit from the maintenance under the Assessment District and will not be assessed.
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27. MAD No. 1059 Page | 52
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $2,203.69
Assessment Units 137.73
Fiscal Year 2020-21 Collectible per Unit $16.00
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $28.63 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 524 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
28. MAD No. 1060 Page | 53
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1060 was formed in 2007 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1060 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Date Street on the south; the centerline of Chiquita Lane on the west; and the northerly and easterly lines of
Tract No. 17576 on the north and west respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1060. The
improvements to be maintained include 6,747 sq. ft. of landscaping and one tree along portions of the easterly side of Chiquita Lane
north of Date Street, within the right of way adjacent to Tract No. 17576.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind, and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
Thus, each residential lot or unit, be it a single-family lot, condominium, or an apartment will be assessed equal share in the cost of
maintenance (1 residential lot or unit = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation element of its General Plan, this portion of Chiquita Lane is designated as a
local street. Thus 100% of the cost of landscaping maintenance and appurtenances along Chiquita Lane, is deemed to be special
benefit and assessable to the lots within the Assessment District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. Presently, no parcels within the District are publicly owned.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $2,289.28
Assessment Units 5
Fiscal Year 2020-21 Collectible per Unit $457.84
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $943.07 per unit.
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28. MAD No. 1060 Page | 54
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 526 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
29. MAD No. 1063 Page | 55
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1063 was formed in 2007 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1063 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Valley View Road on the west, the centerline of Central Avenue on the north, the centerline of
Clevenger Road on hMe east, the centerline of Norman Road on the south, ant the southerly and westerly boundary
of Parcel Map 17721.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1063. The
improvements to be maintained include 160,173 sq. ft. of landscaping and 262 trees along portions of the easterly side of Lena Road,
the southerly side of Central Avenue, the westerly side of Clevenger Road, and portions of the northerly side of Norman Road, all within
Parcel Map 17721 boundaries.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the number of residential units that utilize the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District
boundaries. Since the development for this area is commercial use, assessment units are assigned to each lot or parcel based on the
number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot
size of 7,200 square feet as set forth in the City’s General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to
determine its assigned assessment unit or portion thereof. (7,200 Square Feet = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation of its General Plan, these portions of Central Avenue and Lena Road are
designated as a secondary arterial street, thus 10% of the cost of landscaping maintenance and appurtenances along Central Avenue
and Lena Road, is deemed to be of general benefit and not assessable to the lots within the Assessment District. These portions of
Clevenger Drive and Norman Road are both designated as local streets based on the current circulation element.
The landscape maintenance areas within Central Avenue and Lena Road represent 22% of the total maintenance areas within the
District and pursuant to the above determination of benefit, 10% of costs of maintenance for these areas (i.e. 10% of 22% of total
maintenance costs) will not be assessed to the district.
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29. MAD No. 1063 Page | 56
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (10%). The result is the General Benefit of 2.2% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $4,930.67
Assessment Units 331.14
Fiscal Year 2020-21 Collectible per Unit $14.89
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $186.44 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 528 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
30. MAD No. 1064 Page | 57
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1064 was formed in 2008 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1064 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Cajon Boulevard on the northeast, the B.N.S.F. Railroad on the southwest, the northwest line of
Parcel 1 and the southeast line of Parcel 2 on the northwest and southeast respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1068. The
improvements to be maintained include 304,508 sq. ft. of landscaping and all appurtenances (including 455 trees) within slopes along
portions of the southerly side of Cajon Boulevard, southeasterly of Glen Helen Parkway.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the area of each lot or parcel that utilizes the landscaped areas either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District
boundaries. Since the development for this area is commercial use, assessment units are assigned to each lot or parcel based on the
number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot
size of 7,200 square feet as set forth in the City’s General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to
determine its assigned assessment unit or portion thereof. (7,200 Square Feet = 1 Assessment Unit).
Based on the City of San Bernardino’s current circulation of its General Plan, this portion of Cajon Boulevard is designated as a major
arterial street. Thus 15% of the cost of landscaping maintenance and appurtenances along Cajon Boulevard, is deemed to be of
general benefit and not assessable to the parcels within the Assessment District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15%). The result is the General Benefit needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
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Packet Pg. 529 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
30. MAD No. 1064 Page | 58
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $8,121.20
Assessment Units 749.88
Fiscal Year 2020-21 Collectible per Unit $10.83
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $168.12 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 530 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
31. MAD No. 1068 Page | 59
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Background
Maintenance Assessment District No. 1068 was formed in 2012 to fund the maintenance of various improvements and services within
the boundaries of the District.
Description of District Boundaries
The boundaries of MAD No. 1068 are shown on the Assessment Diagram located in Appendix B of this Report and is generally described
as follows:
The centerline of Tippecanoe Avenue on the west, and the northerly, easterly, and southerly boundary lines of Parcel
Map No. 17887 on the north, east and south respectively.
Description of Improvements and Services
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1068. The
improvements to be maintained include 37,981 sq. ft. of landscaping and all appurtenances (including 164 trees) along portions of the
north and south side of Central Avenue; and,
The detention basin and all appurtenances south of Central Avenue, located within Parcel 8 of Parcel Map No. 17887; and,
Two catch basins located within Central Avenue east of the detention basin, the storm drain and all appurtenances connecting to the
catch basins along the north side of Central Avenue, which travels west toward Tippecanoe Avenue and crosses south under Central
Avenue and terminates at the detention basin; and,
The storm drain and all appurtenances connecting to the detention basin and terminating at the Santa Ana River, all within the District
boundaries.
Estimate of Costs
Please see Appendix C of this report for the MAD District Cost Summary that outlines the estimated cost of operating, maintaining,
servicing and administering the improvements for Fiscal Year 2020-21. The Fiscal Year 2019-20 costs are also provided for comparison
purposes.
Method of Apportionment
Pursuant to the Assessment Law, all parcels within the boundaries of the District that have special benefit conferred upon them as a
result of the maintenance and operation of improvements are identified and the proportionate special benefit derived by each identified
parcel has been determined in relationship to the entire cost of the maintenance and operation of improvements. Only parcels that
receive direct and special benefit are assessed, and each parcel is assessed in proportion to the estimated benefit received.
Landscaping and its proper maintenance enhances the esthetics of any given area and the benefit received by the owners of properties
in the area is determined to be equal to the area of each lot or parcel that utilizes the landscaped area either as ingress and egress or
by actual physical use of the land as in the cases of large open areas. The boundaries of the District are drawn with this in mind and
the Resolution of Intention delineates the specific areas of maintenance, which will benefit all of the properties within the boundaries.
The benefit received by each lot or parcel is proportional to the area of each lot or parcel in relation to the total area within the District
boundaries. Since the development for this area is commercial use, assessment units are assigned to each lot or parcel based on the
number of single family residential units that could be built if the area were developed for residential use, based on the minimum lot
size of 7,200 square feet as set forth in the City’s General Plan. Thus, each lot or parcel area (in square feet) is divided by 7,200 to
determine its assigned assessment unit or portion thereof. (7,200 Square Feet = 1 Assessment Unit).
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31. MAD No. 1068 Page | 60
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
Based on the City of San Bernardino’s current circulation of its General Plan, this portion of Tippecanoe Avenue is designated as a
major arterial street, and this portion of Central Avenue is designated as a secondary arterial street. Thus, 15% of the cost of
landscaping maintenance and appurtenances along Tippecanoe Avenue and 10% of the cost of Landscaping Maintenance and
appurtenances along Central Avenue, is deemed to be of general of General Benefit and not assessable to the lots within the
Assessment District.
The landscape maintenance areas within Tippecanoe Avenue represent 13.2% of the total Landscaping Maintenance Area within the
District and pursuant to the above determination of benefit, 15% of costs of maintenance for this area (i.e. 15% of 13.2% of total
Landscaping Maintenance costs) will not be assessed to the District.
The landscape maintenance areas within Central Avenue represent 86.8% of the total Landscaping Maintenance Area within the District
and pursuant to the above determination of benefit, 10% of costs of maintenance for this area (i.e. 10% of 86.8% of total Landscaping
Maintenance costs) will not be assessed to the District.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The then
percentage of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is
then multiplied by the derived factor from above (15% and 10%). The result is the General Benefit of 9.95% needed for the District.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments. The City of San Bernardino owned property (APN 0280-251-66) is used for
drainage purposes and receives no benefit from the maintenance therefor is not assessable to the lots or parcels of the Assessment
District.
The Fiscal Year 2020-21 Assessment Spread.
Total Fiscal Year 2020-21 Budget $1,082.65
Assessment Units 887.42
Fiscal Year 2020-21 Collectible per Unit $1.22
The Maximum allowable Assessment Rate for Fiscal Year 2020-21 is $40.63 per unit.
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the District.
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Packet Pg. 532 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
32. Assessment Diagrams Page | 61
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
A reduced copy of the Assessment Diagrams are filed herewith, are incorporated by reference in Appendix B herein, and made part of
this Report.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal
year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment
and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount
applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
Information identified on these maps was received from several sources including the owner/developer, City of San Bernardino, and
the San Bernardino County Assessor’s Office.
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Packet Pg. 533 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
33. Assessment Rolls Page | 62
City of San Bernardino
Engineer’s Report MAD’s
Fiscal Year 2020-21
The actual amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the latest equalized roll at
the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the
County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
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Packet Pg. 534 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
APPENDIX A
Assessment Rolls
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Packet Pg. 535 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP90 - AD 1028
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-581-01 $150.06 0261-581-27 $150.06 0261-581-53 $150.06
0261-581-02 $150.06 0261-581-28 $150.06 0261-581-54 $150.06
0261-581-03 $150.06 0261-581-29 $150.06 0261-581-55 $150.06
0261-581-04 $150.06 0261-581-30 $150.06 0261-581-56 $150.06
0261-581-05 $150.06 0261-581-31 $150.06 0261-581-57 $150.06
0261-581-06 $150.06 0261-581-32 $150.06 0261-581-58 $150.06
0261-581-07 $150.06 0261-581-33 $150.06 0261-581-59 $150.06
0261-581-08 $150.06 0261-581-34 $150.06 0261-581-60 $150.06
0261-581-09 $150.06 0261-581-35 $150.06 0261-581-61 $150.06
0261-581-10 $150.06 0261-581-36 $150.06 0261-581-62 $150.06
0261-581-11 $150.06 0261-581-37 $150.06 0261-581-63 $150.06
0261-581-12 $150.06 0261-581-38 $150.06 0261-581-64 $150.06
0261-581-13 $150.06 0261-581-39 $150.06 0261-581-65 $150.06
0261-581-14 $150.06 0261-581-40 $150.06 0261-581-66 $150.06
0261-581-15 $150.06 0261-581-41 $150.06 0261-581-67 $150.06
0261-581-16 $150.06 0261-581-42 $150.06 0261-581-68 $150.06
0261-581-17 $150.06 0261-581-43 $150.06 0261-581-69 $150.06
0261-581-18 $150.06 0261-581-44 $150.06 0261-581-70 $150.06
0261-581-19 $150.06 0261-581-45 $150.06 0261-581-71 $150.06
0261-581-20 $150.06 0261-581-46 $150.06 0261-581-72 $150.06
0261-581-21 $150.06 0261-581-47 $150.06 0261-581-73 $150.06
0261-581-22 $150.06 0261-581-48 $150.06 0261-581-74 $150.06
0261-581-23 $150.06 0261-581-49 $150.06 0261-581-75 $150.06
0261-581-24 $150.06 0261-581-50 $150.06 0261-581-76 $150.06
0261-581-25 $150.06 0261-581-51 $150.06
0261-581-26 $150.06 0261-581-52 $150.06
Totals Parcels 76 Levy $11,404.56
Assessment Roll
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Packet Pg. 536 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP91 - AD 1029
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0269-371-43 $141.00 0269-371-56 $141.00 0269-371-69 $141.00
0269-371-44 $141.00 0269-371-57 $141.00 0269-371-70 $141.00
0269-371-45 $141.00 0269-371-58 $141.00 0269-371-71 $141.00
0269-371-46 $141.00 0269-371-59 $141.00 0269-371-72 $141.00
0269-371-47 $141.00 0269-371-60 $141.00 0269-371-73 $141.00
0269-371-48 $141.00 0269-371-61 $141.00 0269-371-74 $141.00
0269-371-49 $141.00 0269-371-62 $141.00 0269-371-75 $141.00
0269-371-50 $141.00 0269-371-63 $141.00 0269-371-76 $141.00
0269-371-51 $141.00 0269-371-64 $141.00 0269-371-77 $141.00
0269-371-52 $141.00 0269-371-65 $141.00 0269-371-78 $141.00
0269-371-53 $141.00 0269-371-66 $141.00 0269-371-79 $141.00
0269-371-54 $141.00 0269-371-67 $141.00 0269-371-80 $141.00
0269-371-55 $141.00 0269-371-68 $141.00
Totals Parcels 38 Levy $5,358.00
Assessment Roll
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Packet Pg. 537 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP93 - AD 1030
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-611-01 $129.74 0261-611-17 $129.74 0261-611-33 $129.74
0261-611-02 $129.74 0261-611-18 $129.74 0261-611-34 $129.74
0261-611-03 $129.74 0261-611-19 $129.74 0261-611-35 $129.74
0261-611-04 $129.74 0261-611-20 $129.74 0261-611-36 $129.74
0261-611-05 $129.74 0261-611-21 $129.74 0261-611-37 $129.74
0261-611-06 $129.74 0261-611-22 $129.74 0261-611-38 $129.74
0261-611-07 $129.74 0261-611-23 $129.74 0261-611-39 $129.74
0261-611-08 $129.74 0261-611-24 $129.74 0261-611-40 $129.74
0261-611-09 $129.74 0261-611-25 $129.74 0261-611-41 $129.74
0261-611-10 $129.74 0261-611-26 $129.74 0261-611-42 $129.74
0261-611-11 $129.74 0261-611-27 $129.74 0261-611-43 $129.74
0261-611-12 $129.74 0261-611-28 $129.74 0261-611-44 $129.74
0261-611-13 $129.74 0261-611-29 $129.74 0261-611-45 $129.74
0261-611-14 $129.74 0261-611-30 $129.74 0261-611-46 $129.74
0261-611-15 $129.74 0261-611-31 $129.74 0261-611-47 $129.74
0261-611-16 $129.74 0261-611-32 $129.74
Totals Parcels 47 Levy $6,097.78
Assessment Roll
8.i
Packet Pg. 538 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP92 - AD 1031
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-591-01 $220.40 0261-591-37 $220.40 0261-601-02 $220.40
0261-591-02 $220.40 0261-591-38 $220.40 0261-601-03 $220.40
0261-591-03 $220.40 0261-591-39 $220.40 0261-601-04 $220.40
0261-591-04 $220.40 0261-591-40 $220.40 0261-601-05 $220.40
0261-591-05 $220.40 0261-591-41 $220.40 0261-601-06 $220.40
0261-591-06 $220.40 0261-591-42 $220.40 0261-601-07 $220.40
0261-591-07 $220.40 0261-591-43 $220.40 0261-601-08 $220.40
0261-591-08 $220.40 0261-591-44 $220.40 0261-601-09 $220.40
0261-591-09 $220.40 0261-591-45 $220.40 0261-601-10 $220.40
0261-591-10 $220.40 0261-591-46 $220.40 0261-601-11 $220.40
0261-591-11 $220.40 0261-591-47 $220.40 0261-601-12 $220.40
0261-591-12 $220.40 0261-591-48 $220.40 0261-601-13 $220.40
0261-591-13 $220.40 0261-591-49 $220.40 0261-601-14 $220.40
0261-591-14 $220.40 0261-591-50 $220.40 0261-601-15 $220.40
0261-591-15 $220.40 0261-591-51 $220.40 0261-601-16 $220.40
0261-591-16 $220.40 0261-591-52 $220.40 0261-601-17 $220.40
0261-591-17 $220.40 0261-591-53 $220.40 0261-601-18 $220.40
0261-591-18 $220.40 0261-591-54 $220.40 0261-601-19 $220.40
0261-591-19 $220.40 0261-591-55 $220.40 0261-601-20 $220.40
0261-591-20 $220.40 0261-591-56 $220.40 0261-601-21 $220.40
0261-591-21 $220.40 0261-591-57 $220.40 0261-601-22 $220.40
0261-591-22 $220.40 0261-591-58 $220.40 0261-601-23 $220.40
0261-591-23 $220.40 0261-591-59 $220.40 0261-601-24 $220.40
0261-591-24 $220.40 0261-591-60 $220.40 0261-601-25 $220.40
0261-591-25 $220.40 0261-591-61 $220.40 0261-601-26 $220.40
0261-591-26 $220.40 0261-591-62 $220.40 0261-601-27 $220.40
0261-591-27 $220.40 0261-591-63 $220.40 0261-601-28 $220.40
0261-591-28 $220.40 0261-591-64 $220.40 0261-601-29 $220.40
0261-591-29 $220.40 0261-591-65 $220.40 0261-601-30 $220.40
0261-591-30 $220.40 0261-591-66 $220.40 0261-601-31 $220.40
0261-591-31 $220.40 0261-591-67 $220.40 0261-601-32 $220.40
0261-591-32 $220.40 0261-591-68 $220.40 0261-601-33 $220.40
0261-591-33 $220.40 0261-591-69 $220.40 0261-601-34 $220.40
0261-591-34 $220.40 0261-591-70 $220.40 0261-601-35 $220.40
0261-591-35 $220.40 0261-591-71 $220.40 0261-601-36 $220.40
0261-591-36 $220.40 0261-601-01 $220.40
Totals Parcels 107 Levy $23,582.80
Assessment Roll
8.i
Packet Pg. 539 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP94 - AD 1032
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-621-01 $92.22 0261-621-24 $92.22 0261-621-46 $92.22
0261-621-02 $92.22 0261-621-25 $92.22 0261-621-47 $92.22
0261-621-03 $92.22 0261-621-26 $92.22 0261-621-48 $92.22
0261-621-04 $92.22 0261-621-27 $92.22 0261-621-49 $92.22
0261-621-05 $92.22 0261-621-28 $92.22 0261-621-50 $92.22
0261-621-07 $92.22 0261-621-29 $92.22 0261-621-51 $92.22
0261-621-08 $92.22 0261-621-30 $92.22 0261-621-52 $92.22
0261-621-09 $92.22 0261-621-31 $92.22 0261-621-53 $92.22
0261-621-10 $92.22 0261-621-32 $92.22 0261-621-54 $92.22
0261-621-11 $92.22 0261-621-33 $92.22 0261-621-55 $92.22
0261-621-12 $92.22 0261-621-34 $92.22 0261-621-56 $92.22
0261-621-13 $92.22 0261-621-35 $92.22 0261-621-58 $92.22
0261-621-14 $92.22 0261-621-36 $92.22 0261-631-01 $92.22
0261-621-15 $92.22 0261-621-37 $92.22 0261-631-02 $92.22
0261-621-16 $92.22 0261-621-38 $92.22 0261-631-03 $92.22
0261-621-17 $92.22 0261-621-39 $92.22 0261-631-04 $92.22
0261-621-18 $92.22 0261-621-40 $92.22 0261-631-05 $92.22
0261-621-19 $92.22 0261-621-41 $92.22 0261-631-07 $92.22
0261-621-20 $92.22 0261-621-42 $92.22 0261-631-08 $92.22
0261-621-21 $92.22 0261-621-43 $92.22 0261-631-09 $92.22
0261-621-22 $92.22 0261-621-44 $92.22
0261-621-23 $92.22 0261-621-45 $92.22
Totals Parcels 64 Levy $5,902.08
Assessment Roll
8.i
Packet Pg. 540 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP95 - AD 1035 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-641-01 $369.40 0261-641-11 $369.40 0261-641-21 $369.40
0261-641-02 $369.40 0261-641-12 $369.40 0261-641-22 $369.40
0261-641-03 $369.40 0261-641-13 $369.40 0261-641-23 $369.40
0261-641-04 $369.40 0261-641-14 $369.40 0261-641-24 $369.40
0261-641-05 $369.40 0261-641-15 $369.40 0261-641-25 $369.40
0261-641-06 $369.40 0261-641-16 $369.40 0261-641-26 $369.40
0261-641-07 $369.40 0261-641-17 $369.40 0261-641-27 $369.40
0261-641-08 $369.40 0261-641-18 $369.40 0261-641-28 $369.40
0261-641-09 $369.40 0261-641-19 $369.40 0261-641-29 $369.40
0261-641-10 $369.40 0261-641-20 $369.40 0261-641-30 $369.40
Totals Parcels 30 Levy $11,082.00
Assessment Roll
8.i
Packet Pg. 541 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP96 - AD 1035 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-541-17 $131.92 0261-541-22 $131.92 0261-541-27 $131.92
0261-541-18 $131.92 0261-541-23 $131.92 0261-541-28 $131.92
0261-541-19 $131.92 0261-541-24 $131.92 0261-541-29 $131.92
0261-541-20 $131.92 0261-541-25 $131.92
0261-541-21 $131.92 0261-541-26 $131.92
Totals Parcels 13 Levy $1,714.96
Assessment Roll
8.i
Packet Pg. 542 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 2 City of San Bernardino
Engineer's Report
CC30 SP97 - AD 1036
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0151-321-01 $617.02 0151-331-13 $617.02 0151-342-43 $617.02
0151-321-02 $617.02 0151-341-01 $617.02 0151-342-44 $617.02
0151-321-03 $617.02 0151-341-02 $617.02 0151-342-45 $617.02
0151-321-04 $617.02 0151-341-03 $617.02 0151-342-46 $617.02
0151-321-05 $617.02 0151-341-04 $617.02 0151-342-47 $617.02
0151-321-06 $617.02 0151-341-05 $617.02 0151-342-48 $617.02
0151-321-07 $617.02 0151-341-06 $617.02 0151-342-49 $617.02
0151-321-08 $617.02 0151-341-07 $617.02 0151-342-50 $617.02
0151-321-09 $617.02 0151-341-08 $617.02 0151-342-51 $617.02
0151-321-10 $617.02 0151-341-09 $617.02 0151-351-01 $617.02
0151-321-11 $617.02 0151-341-10 $617.02 0151-351-02 $617.02
0151-321-12 $617.02 0151-341-11 $617.02 0151-351-03 $617.02
0151-321-13 $617.02 0151-341-12 $617.02 0151-351-04 $617.02
0151-321-14 $617.02 0151-342-01 $617.02 0151-351-05 $617.02
0151-321-15 $617.02 0151-342-02 $617.02 0151-351-06 $617.02
0151-321-16 $617.02 0151-342-03 $617.02 0151-351-07 $617.02
0151-321-17 $617.02 0151-342-04 $617.02 0151-351-08 $617.02
0151-321-18 $617.02 0151-342-05 $617.02 0151-351-09 $617.02
0151-321-21 $617.02 0151-342-06 $617.02 0151-351-10 $617.02
0151-321-22 $617.02 0151-342-07 $617.02 0151-351-11 $617.02
0151-321-23 $617.02 0151-342-08 $617.02 0151-351-12 $617.02
0151-321-24 $617.02 0151-342-09 $617.02 0151-351-13 $617.02
0151-321-25 $617.02 0151-342-10 $617.02 0151-351-14 $617.02
0151-321-26 $617.02 0151-342-11 $617.02 0151-352-01 $617.02
0151-321-27 $617.02 0151-342-12 $617.02 0151-352-02 $617.02
0151-321-28 $617.02 0151-342-13 $617.02 0151-361-01 $617.02
0151-321-29 $617.02 0151-342-14 $617.02 0151-361-02 $617.02
0151-321-30 $617.02 0151-342-15 $617.02 0151-361-03 $617.02
0151-321-31 $617.02 0151-342-24 $617.02 0151-361-04 $617.02
0151-321-32 $617.02 0151-342-25 $617.02 0151-361-05 $617.02
0151-321-33 $617.02 0151-342-26 $617.02 0151-361-06 $617.02
0151-321-34 $617.02 0151-342-27 $617.02 0151-361-07 $617.02
0151-321-35 $617.02 0151-342-29 $617.02 0151-361-08 $617.02
0151-321-36 $617.02 0151-342-30 $617.02 0151-361-09 $617.02
0151-331-01 $617.02 0151-342-31 $617.02 0151-361-10 $617.02
0151-331-02 $617.02 0151-342-32 $617.02 0151-361-11 $617.02
0151-331-03 $617.02 0151-342-33 $617.02 0151-361-12 $617.02
0151-331-04 $617.02 0151-342-34 $617.02 0151-361-13 $617.02
0151-331-05 $617.02 0151-342-35 $617.02 0151-361-14 $617.02
0151-331-06 $617.02 0151-342-36 $617.02 0151-361-15 $617.02
0151-331-07 $617.02 0151-342-37 $617.02 0151-361-29 $617.02
0151-331-08 $617.02 0151-342-38 $617.02 0151-361-30 $617.02
0151-331-09 $617.02 0151-342-39 $617.02 0151-361-31 $617.02
0151-331-10 $617.02 0151-342-40 $617.02 0151-361-32 $617.02
0151-331-11 $617.02 0151-342-41 $617.02 0151-361-33 $617.02
0151-331-12 $617.02 0151-342-42 $617.02 0151-361-34 $617.02
Assessment Roll
8.i
Packet Pg. 543 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 2 of 2 City of San Bernardino
Engineer's Report
CC30 SP97 - AD 1036
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
Assessment Roll
0151-361-35 $617.02 0151-361-78 $617.02 0151-382-15 $617.02
0151-361-42 $3,702.12 0151-361-79 $617.02 0151-382-16 $617.02
0151-361-43 $40,723.48 0151-361-80 $617.02 0151-382-17 $617.02
0151-361-44 $11,723.42 0151-372-01 $617.02 0151-382-18 $617.02
0151-361-45 $617.02 0151-372-02 $617.02 0151-382-19 $617.02
0151-361-46 $617.02 0151-372-03 $617.02 0151-392-01 $617.02
0151-361-47 $617.02 0151-372-04 $617.02 0151-392-02 $617.02
0151-361-48 $617.02 0151-372-05 $617.02 0151-392-03 $617.02
0151-361-49 $617.02 0151-372-06 $617.02 0151-392-04 $617.02
0151-361-50 $617.02 0151-372-07 $617.02 0151-392-05 $617.02
0151-361-51 $617.02 0151-372-08 $617.02 0151-392-06 $617.02
0151-361-52 $617.02 0151-372-09 $617.02 0151-392-07 $617.02
0151-361-53 $617.02 0151-372-10 $617.02 0151-392-08 $617.02
0151-361-54 $617.02 0151-372-11 $617.02 0151-402-01 $617.02
0151-361-55 $617.02 0151-372-12 $617.02 0151-402-02 $617.02
0151-361-56 $617.02 0151-372-13 $617.02 0151-411-01 $617.02
0151-361-57 $617.02 0151-372-14 $617.02 0151-411-02 $617.02
0151-361-58 $617.02 0151-372-15 $617.02 0151-411-03 $617.02
0151-361-59 $617.02 0151-372-16 $617.02 0151-411-04 $617.02
0151-361-60 $617.02 0151-372-17 $617.02 0151-411-05 $617.02
0151-361-61 $617.02 0151-372-18 $617.02 0151-411-06 $617.02
0151-361-62 $617.02 0151-372-25 $8,021.28 0151-411-07 $617.02
0151-361-63 $617.02 0151-372-26 $5,941.92 0151-411-08 $617.02
0151-361-64 $617.02 0151-382-01 $617.02 0151-411-09 $617.02
0151-361-65 $617.02 0151-382-02 $617.02 0151-411-10 $617.02
0151-361-66 $617.02 0151-382-03 $617.02 0151-411-11 $617.02
0151-361-67 $617.02 0151-382-04 $617.02 0151-411-12 $617.02
0151-361-68 $617.02 0151-382-05 $617.02 0151-411-13 $617.02
0151-361-69 $617.02 0151-382-06 $617.02 0151-411-14 $617.02
0151-361-70 $617.02 0151-382-07 $617.02 0151-411-15 $617.02
0151-361-71 $617.02 0151-382-08 $617.02 0151-411-16 $617.02
0151-361-72 $617.02 0151-382-09 $617.02 0151-411-17 $617.02
0151-361-73 $617.02 0151-382-10 $617.02 0151-411-18 $617.02
0151-361-74 $617.02 0151-382-11 $617.02 0151-411-19 $617.02
0151-361-75 $617.02 0151-382-12 $617.02 0151-411-20 $617.02
0151-361-76 $617.02 0151-382-13 $617.02 0151-411-21 $617.02
0151-361-77 $617.02 0151-382-14 $617.02 0151-411-22 $617.02
Totals Parcels 249 Levy $220,665.10
8.i
Packet Pg. 544 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP98 - AD 1037
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-651-01 $147.42 0261-651-12 $147.42 0261-651-23 $147.42
0261-651-02 $147.42 0261-651-13 $147.42 0261-651-24 $147.42
0261-651-03 $147.42 0261-651-14 $147.42 0261-651-25 $147.42
0261-651-04 $147.42 0261-651-15 $147.42 0261-651-26 $147.42
0261-651-05 $147.42 0261-651-16 $147.42 0261-651-27 $147.42
0261-651-06 $147.42 0261-651-17 $147.42 0261-651-28 $147.42
0261-651-07 $147.42 0261-651-18 $147.42 0261-651-29 $147.42
0261-651-08 $147.42 0261-651-19 $147.42 0261-651-30 $147.42
0261-651-09 $147.42 0261-651-20 $147.42 0261-651-31 $147.42
0261-651-10 $147.42 0261-651-21 $147.42 0261-651-32 $147.42
0261-651-11 $147.42 0261-651-22 $147.42 0261-651-33 $147.42
Totals Parcels 33 Levy $4,864.86
Assessment Roll
8.i
Packet Pg. 545 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP99 - AD 1038
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0141-281-20 $171.32 0141-281-34 $47.48 0141-281-49 $39.50
0141-281-21 $161.44 0141-281-35 $47.48 0141-281-50 $39.50
0141-281-22 $174.74 0141-281-36 $47.48 0141-281-51 $39.50
0141-281-23 $202.10 0141-281-37 $47.48 0141-281-52 $39.50
0141-281-25 $318.72 0141-281-38 $47.48 0141-281-53 $39.50
0141-281-26 $234.38 0141-281-39 $47.48 0141-281-54 $39.50
0141-281-27 $168.66 0141-281-40 $47.48 0141-281-55 $39.50
0141-281-28 $106.36 0141-281-43 $139.80 0141-281-56 $39.50
0141-281-29 $159.16 0141-281-44 $147.02 0141-281-57 $39.50
0141-281-31 $47.48 0141-281-46 $39.50 0141-281-58 $39.50
0141-281-32 $47.48 0141-281-47 $39.50 0141-281-59 $39.50
0141-281-33 $47.48 0141-281-48 $39.50 0141-281-60 $39.50
Totals Parcels 36 Levy $3,051.00
Assessment Roll
8.i
Packet Pg. 546 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP10 - AD 1039
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-661-01 $99.38 0261-661-44 $99.38 0261-671-23 $99.38
0261-661-02 $99.38 0261-661-45 $99.38 0261-671-24 $99.38
0261-661-03 $99.38 0261-661-46 $99.38 0261-671-25 $99.38
0261-661-04 $99.38 0261-661-47 $99.38 0261-671-26 $99.38
0261-661-05 $99.38 0261-661-48 $99.38 0261-671-27 $99.38
0261-661-06 $99.38 0261-661-49 $99.38 0261-671-28 $99.38
0261-661-07 $99.38 0261-661-50 $99.38 0261-671-29 $99.38
0261-661-08 $99.38 0261-661-51 $99.38 0261-671-30 $99.38
0261-661-09 $99.38 0261-661-52 $99.38 0261-671-31 $99.38
0261-661-10 $99.38 0261-661-53 $99.38 0261-671-32 $99.38
0261-661-11 $99.38 0261-661-54 $99.38 0261-671-33 $99.38
0261-661-12 $99.38 0261-661-55 $99.38 0261-671-34 $99.38
0261-661-13 $99.38 0261-661-56 $99.38 0261-671-35 $99.38
0261-661-14 $99.38 0261-661-57 $99.38 0261-671-36 $99.38
0261-661-15 $99.38 0261-661-58 $99.38 0261-671-37 $99.38
0261-661-16 $99.38 0261-661-59 $99.38 0261-671-38 $99.38
0261-661-17 $99.38 0261-661-60 $99.38 0261-671-39 $99.38
0261-661-18 $99.38 0261-661-61 $99.38 0261-671-40 $99.38
0261-661-19 $99.38 0261-661-62 $99.38 0261-671-41 $99.38
0261-661-20 $99.38 0261-661-63 $99.38 0261-671-42 $99.38
0261-661-21 $99.38 0261-661-64 $99.38 0261-671-43 $99.38
0261-661-22 $99.38 0261-671-01 $99.38 0261-671-44 $99.38
0261-661-23 $99.38 0261-671-02 $99.38 0261-671-45 $99.38
0261-661-24 $99.38 0261-671-03 $99.38 0261-671-46 $99.38
0261-661-25 $99.38 0261-671-04 $99.38 0261-671-47 $99.38
0261-661-26 $99.38 0261-671-05 $99.38 0261-671-48 $99.38
0261-661-27 $99.38 0261-671-06 $99.38 0261-671-49 $99.38
0261-661-28 $99.38 0261-671-07 $99.38 0261-671-50 $99.38
0261-661-29 $99.38 0261-671-08 $99.38 0261-671-51 $99.38
0261-661-30 $99.38 0261-671-09 $99.38 0261-671-52 $99.38
0261-661-31 $99.38 0261-671-10 $99.38 0261-671-53 $99.38
0261-661-32 $99.38 0261-671-11 $99.38 0261-671-54 $99.38
0261-661-33 $99.38 0261-671-12 $99.38 0261-671-55 $99.38
0261-661-34 $99.38 0261-671-13 $99.38 0261-671-56 $99.38
0261-661-35 $99.38 0261-671-14 $99.38 0261-671-57 $99.38
0261-661-36 $99.38 0261-671-15 $99.38 0261-671-58 $99.38
0261-661-37 $99.38 0261-671-16 $99.38 0261-671-59 $99.38
0261-661-38 $99.38 0261-671-17 $99.38 0261-671-60 $99.38
0261-661-39 $99.38 0261-671-18 $99.38 0261-671-61 $99.38
0261-661-40 $99.38 0261-671-19 $99.38 0261-671-62 $99.38
0261-661-41 $99.38 0261-671-20 $99.38 0261-671-63 $99.38
0261-661-42 $99.38 0261-671-21 $99.38
0261-661-43 $99.38 0261-671-22 $99.38
Totals Parcels 127 Levy $12,621.26
Assessment Roll
8.i
Packet Pg. 547 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP11 - AD 1040
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0270-241-01 $320.36 0270-241-17 $320.36 0270-251-14 $320.36
0270-241-02 $320.36 0270-241-18 $320.36 0270-251-15 $320.36
0270-241-03 $320.36 0270-241-19 $320.36 0270-251-16 $320.36
0270-241-04 $320.36 0270-241-20 $320.36 0270-251-17 $320.36
0270-241-05 $320.36 0270-241-21 $320.36 0270-251-18 $320.36
0270-241-06 $320.36 0270-251-03 $320.36 0270-251-19 $320.36
0270-241-07 $320.36 0270-251-04 $320.36 0270-251-20 $320.36
0270-241-08 $320.36 0270-251-05 $320.36 0270-251-21 $320.36
0270-241-09 $320.36 0270-251-06 $320.36 0270-251-22 $320.36
0270-241-10 $320.36 0270-251-07 $320.36 0270-251-23 $320.36
0270-241-11 $320.36 0270-251-08 $320.36 0270-251-24 $320.36
0270-241-12 $320.36 0270-251-09 $320.36 0270-251-25 $320.36
0270-241-13 $320.36 0270-251-10 $320.36 0270-251-26 $320.36
0270-241-14 $320.36 0270-251-11 $320.36 0270-251-27 $320.36
0270-241-15 $320.36 0270-251-12 $320.36
0270-241-16 $320.36 0270-251-13 $320.36
Totals Parcels 46 Levy $14,736.56
Assessment Roll
8.i
Packet Pg. 548 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP44 - AD 1041
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-721-01 $591.66 0261-721-07 $591.66 0261-721-13 $591.66
0261-721-02 $591.66 0261-721-08 $591.66 0261-721-14 $591.66
0261-721-03 $591.66 0261-721-09 $591.66 0261-721-15 $591.66
0261-721-04 $591.66 0261-721-10 $591.66 0261-721-16 $591.66
0261-721-05 $591.66 0261-721-11 $591.66 0261-721-17 $591.66
0261-721-06 $591.66 0261-721-12 $591.66
Totals Parcels 17 Levy $10,058.22
Assessment Roll
8.i
Packet Pg. 549 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP12 - AD 1042
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-791-01 $904.08 0266-801-08 $904.08 0266-801-32 $904.08
0266-791-02 $904.08 0266-801-09 $904.08 0266-801-33 $904.08
0266-791-03 $904.08 0266-801-10 $904.08 0266-801-34 $904.08
0266-791-04 $904.08 0266-801-11 $904.08 0266-801-35 $904.08
0266-791-05 $904.08 0266-801-12 $904.08 0266-801-36 $904.08
0266-791-06 $904.08 0266-801-13 $904.08 0266-801-37 $904.08
0266-791-07 $904.08 0266-801-14 $904.08 0266-801-38 $904.08
0266-791-08 $904.08 0266-801-15 $904.08 0266-801-39 $904.08
0266-791-09 $904.08 0266-801-16 $904.08 0266-801-40 $904.08
0266-791-10 $904.08 0266-801-17 $904.08 0266-801-41 $904.08
0266-791-11 $904.08 0266-801-18 $904.08 0266-801-42 $904.08
0266-791-12 $904.08 0266-801-19 $904.08 0266-801-43 $904.08
0266-791-13 $904.08 0266-801-20 $904.08 0266-801-44 $904.08
0266-791-14 $904.08 0266-801-21 $904.08 0266-811-01 $904.08
0266-791-15 $904.08 0266-801-22 $904.08 0266-811-02 $904.08
0266-791-16 $904.08 0266-801-23 $904.08 0266-811-03 $904.08
0266-791-17 $904.08 0266-801-24 $904.08 0266-811-04 $904.08
0266-801-01 $904.08 0266-801-25 $904.08 0266-811-05 $904.08
0266-801-02 $904.08 0266-801-26 $904.08 0266-811-06 $904.08
0266-801-03 $904.08 0266-801-27 $904.08 0266-811-07 $904.08
0266-801-04 $904.08 0266-801-28 $904.08 0266-811-08 $904.08
0266-801-05 $904.08 0266-801-29 $904.08 0266-811-09 $904.08
0266-801-06 $904.08 0266-801-30 $904.08 0266-811-10 $904.08
0266-801-07 $904.08 0266-801-31 $904.08 0266-811-11 $904.08
Totals Parcels 72 Levy $65,093.76
Assessment Roll
8.i
Packet Pg. 550 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP26 - AD 1043 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-681-01 $177.10 0261-681-15 $177.10 0261-681-29 $177.10
0261-681-02 $177.10 0261-681-16 $177.10 0261-681-30 $177.10
0261-681-03 $177.10 0261-681-17 $177.10 0261-681-31 $177.10
0261-681-04 $177.10 0261-681-18 $177.10 0261-681-32 $177.10
0261-681-05 $177.10 0261-681-19 $177.10 0261-681-33 $177.10
0261-681-06 $177.10 0261-681-20 $177.10 0261-681-34 $177.10
0261-681-07 $177.10 0261-681-21 $177.10 0261-681-35 $177.10
0261-681-08 $177.10 0261-681-22 $177.10 0261-681-36 $177.10
0261-681-09 $177.10 0261-681-23 $177.10 0261-681-37 $177.10
0261-681-10 $177.10 0261-681-24 $177.10 0261-681-38 $177.10
0261-681-11 $177.10 0261-681-25 $177.10 0261-681-39 $177.10
0261-681-12 $177.10 0261-681-26 $177.10 0261-681-40 $177.10
0261-681-13 $177.10 0261-681-27 $177.10 0261-681-41 $177.10
0261-681-14 $177.10 0261-681-28 $177.10
Totals Parcels 41 Levy $7,261.10
Assessment Roll
8.i
Packet Pg. 551 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP27 - AD 1043 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-691-01 $280.80 0261-691-17 $280.80 0261-691-33 $280.80
0261-691-02 $280.80 0261-691-18 $280.80 0261-691-34 $280.80
0261-691-03 $280.80 0261-691-19 $280.80 0261-691-35 $280.80
0261-691-04 $280.80 0261-691-20 $280.80 0261-691-36 $280.80
0261-691-05 $280.80 0261-691-21 $280.80 0261-691-37 $280.80
0261-691-06 $280.80 0261-691-22 $280.80 0261-691-38 $280.80
0261-691-07 $280.80 0261-691-23 $280.80 0261-691-39 $280.80
0261-691-08 $280.80 0261-691-24 $280.80 0261-691-40 $280.80
0261-691-09 $280.80 0261-691-25 $280.80 0261-691-41 $280.80
0261-691-10 $280.80 0261-691-26 $280.80 0261-691-42 $280.80
0261-691-11 $280.80 0261-691-27 $280.80 0261-691-43 $280.80
0261-691-12 $280.80 0261-691-28 $280.80 0261-691-44 $280.80
0261-691-13 $280.80 0261-691-29 $280.80 0261-691-45 $280.80
0261-691-14 $280.80 0261-691-30 $280.80 0261-691-46 $280.80
0261-691-15 $280.80 0261-691-31 $280.80 0261-691-47 $280.80
0261-691-16 $280.80 0261-691-32 $280.80
Totals Parcels 47 Levy $13,197.60
Assessment Roll
8.i
Packet Pg. 552 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP51 - AD 1045
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0281-411-01 $946.10 0281-411-06 $149.98 0281-421-15 $307.90
0281-411-02 $536.50 0281-421-01 $518.48 0281-421-16 $383.62
0281-411-03 $549.48 0281-421-02 $457.90 0281-421-17 $387.96
0281-411-04 $462.22 0281-421-03 $771.58 0281-421-18 $439.16
0281-411-05 $658.38 0281-421-14 $3,145.52
Totals Parcels 14 Levy $9,714.78
Assessment Roll
8.i
Packet Pg. 553 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP20 - AD 1046
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0266-503-50 $306.78 0266-503-57 $306.78 0266-503-64 $306.78
0266-503-51 $306.78 0266-503-58 $306.78 0266-503-65 $306.78
0266-503-52 $306.78 0266-503-59 $306.78 0266-503-66 $306.78
0266-503-53 $306.78 0266-503-60 $306.78 0266-503-67 $306.78
0266-503-54 $306.78 0266-503-61 $306.78 0266-503-68 $306.78
0266-503-55 $306.78 0266-503-62 $306.78
0266-503-56 $306.78 0266-503-63 $306.78
Totals Parcels 19 Levy $5,828.82
Assessment Roll
8.i
Packet Pg. 554 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP52 - AD 1047
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-432-01 $708.94 0261-432-04 $708.94 0261-432-07 $708.94
0261-432-02 $708.94 0261-432-05 $708.94 0261-432-08 $708.94
0261-432-03 $708.94 0261-432-06 $708.94
Totals Parcels 8 Levy $5,671.52
Assessment Roll
8.i
Packet Pg. 555 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP54 - AD 1048
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-014-01 $318.80 0142-014-10 $318.80 0142-014-19 $318.80
0142-014-02 $318.80 0142-014-11 $318.80 0142-014-20 $318.80
0142-014-03 $318.80 0142-014-14 $318.80 0142-014-21 $318.80
0142-014-04 $318.80 0142-014-15 $318.80 0142-014-22 $318.80
0142-014-05 $318.80 0142-014-16 $318.80 0142-014-23 $318.80
0142-014-06 $318.80 0142-014-17 $318.80 0142-014-24 $318.80
0142-014-07 $318.80 0142-014-18 $318.80
Totals Parcels 20 Levy $6,376.00
Assessment Roll
8.i
Packet Pg. 556 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP56 - AD 1050
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0142-243-26 $278.58 0142-243-31 $278.58 0142-243-36 $278.58
0142-243-27 $278.58 0142-243-32 $278.58 0142-243-37 $278.58
0142-243-28 $278.58 0142-243-33 $278.58 0142-243-38 $278.58
0142-243-29 $278.58 0142-243-34 $278.58 0142-243-39 $278.58
0142-243-30 $278.58 0142-243-35 $278.58
Totals Parcels 14 Levy $3,900.12
Assessment Roll
8.i
Packet Pg. 557 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP57 - AD 1052
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-701-01 $236.76 0261-701-19 $236.76 0261-711-08 $236.76
0261-701-02 $236.76 0261-701-20 $236.76 0261-711-09 $236.76
0261-701-03 $236.76 0261-701-21 $236.76 0261-711-10 $236.76
0261-701-04 $236.76 0261-701-22 $236.76 0261-711-11 $236.76
0261-701-05 $236.76 0261-701-23 $236.76 0261-711-12 $236.76
0261-701-06 $236.76 0261-701-24 $236.76 0261-711-13 $236.76
0261-701-07 $236.76 0261-701-25 $236.76 0261-711-14 $236.76
0261-701-08 $236.76 0261-701-26 $236.76 0261-711-15 $236.76
0261-701-09 $236.76 0261-701-27 $236.76 0261-711-16 $236.76
0261-701-10 $236.76 0261-701-28 $236.76 0261-711-17 $236.76
0261-701-11 $236.76 0261-701-29 $236.76 0261-711-18 $236.76
0261-701-12 $236.76 0261-711-01 $236.76 0261-711-19 $236.76
0261-701-13 $236.76 0261-711-02 $236.76 0261-711-20 $236.76
0261-701-14 $236.76 0261-711-03 $236.76 0261-711-21 $236.76
0261-701-15 $236.76 0261-711-04 $236.76 0261-711-22 $236.76
0261-701-16 $236.76 0261-711-05 $236.76 0261-711-23 $236.76
0261-701-17 $236.76 0261-711-06 $236.76 0261-711-24 $236.76
0261-701-18 $236.76 0261-711-07 $236.76 0261-711-25 $236.76
Totals Parcels 54 Levy $12,785.04
Assessment Roll
8.i
Packet Pg. 558 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP59 - AD 1054
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0151-411-01 $378.46 0151-411-09 $378.46 0151-411-17 $378.46
0151-411-02 $378.46 0151-411-10 $378.46 0151-411-18 $378.46
0151-411-03 $378.46 0151-411-11 $378.46 0151-411-19 $378.46
0151-411-04 $378.46 0151-411-12 $378.46 0151-411-20 $378.46
0151-411-05 $378.46 0151-411-13 $378.46 0151-411-21 $378.46
0151-411-06 $378.46 0151-411-14 $378.46 0151-411-22 $378.46
0151-411-07 $378.46 0151-411-15 $378.46
0151-411-08 $378.46 0151-411-16 $378.46
Totals Parcels 22 Levy $8,326.12
Assessment Roll
8.i
Packet Pg. 559 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP63 - AD 1055
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-731-01 $534.62 0261-731-14 $534.62 0261-731-27 $534.62
0261-731-02 $534.62 0261-731-15 $534.62 0261-731-28 $534.62
0261-731-03 $534.62 0261-731-16 $534.62 0261-731-29 $534.62
0261-731-04 $534.62 0261-731-17 $534.62 0261-731-30 $534.62
0261-731-05 $534.62 0261-731-18 $534.62 0261-731-31 $534.62
0261-731-06 $534.62 0261-731-19 $534.62 0261-731-32 $534.62
0261-731-07 $534.62 0261-731-20 $534.62 0261-731-33 $534.62
0261-731-08 $534.62 0261-731-21 $534.62 0261-731-34 $534.62
0261-731-09 $534.62 0261-731-22 $534.62 0261-731-35 $534.62
0261-731-10 $534.62 0261-731-23 $534.62 0261-731-36 $534.62
0261-731-11 $534.62 0261-731-24 $534.62 0261-731-37 $534.62
0261-731-12 $534.62 0261-731-25 $534.62 0261-731-38 $534.62
0261-731-13 $534.62 0261-731-26 $534.62 0261-731-39 $534.62
Totals Parcels 39 Levy $20,850.18
Assessment Roll
8.i
Packet Pg. 560 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SL10 - AD 1056
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0261-741-01 $465.26 0261-741-14 $465.26 0261-741-27 $465.26
0261-741-02 $465.26 0261-741-15 $465.26 0261-741-28 $465.26
0261-741-03 $465.26 0261-741-16 $465.26 0261-741-29 $465.26
0261-741-04 $465.26 0261-741-17 $465.26 0261-741-30 $465.26
0261-741-05 $465.26 0261-741-18 $465.26 0261-741-31 $465.26
0261-741-06 $465.26 0261-741-19 $465.26 0261-741-32 $465.26
0261-741-07 $465.26 0261-741-20 $465.26 0261-741-33 $465.26
0261-741-08 $465.26 0261-741-21 $465.26 0261-741-34 $465.26
0261-741-09 $465.26 0261-741-22 $465.26 0261-741-35 $465.26
0261-741-10 $465.26 0261-741-23 $465.26 0261-741-36 $465.26
0261-741-11 $465.26 0261-741-24 $465.26 0261-741-37 $465.26
0261-741-12 $465.26 0261-741-25 $465.26 0261-741-38 $465.26
0261-741-13 $465.26 0261-741-26 $465.26
Totals Parcels 38 Levy $17,679.88
Assessment Roll
8.i
Packet Pg. 561 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SL01 - AD 1057
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0148-011-49 $726.44 0148-011-54 $7,578.48 0148-011-66 $5,492.74
0148-011-50 $2,343.62 0148-011-55 $471.62 0148-011-68 $5,325.82
0148-011-53 $2,551.12 0148-011-65 $6,546.80 0148-011-69 $1,975.48
Totals Parcels 9 Levy $33,012.12
Assessment Roll
8.i
Packet Pg. 562 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SL02 - AD 1059
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0280-241-08 $240.96 0281-041-64 $149.90 0281-041-66 $968.00
0280-241-09 $39.68 0281-041-65 $209.90 0281-041-67 $595.20
Totals Parcels 6 Levy $2,203.64
Assessment Roll
8.i
Packet Pg. 563 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SP60 - AD 1060
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0272-311-11 $457.84 0272-311-13 $457.84 0272-311-15 $457.84
0272-311-12 $457.84 0272-311-14 $457.84
Totals Parcels 5 Levy $2,289.20
Assessment Roll
8.i
Packet Pg. 564 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SL03 - AD 1063
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0280-181-48 $638.62 0280-181-51 $1,109.74 0280-181-54 $127.00
0280-181-49 $308.06 0280-181-52 $69.82 0280-181-55 $1,917.82
0280-181-50 $729.60 0280-181-53 $29.92
Totals Parcels 8 Levy $4,930.58
Assessment Roll
8.i
Packet Pg. 565 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SL04 - AD 1064
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0262-011-48 $1,277.60 0262-011-50 $110.02 0348-151-25 $3,990.20
0262-011-49 $640.80 0262-011-51 $2,102.52
Totals Parcels 5 Levy $8,121.14
Assessment Roll
8.i
Packet Pg. 566 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
Page 1 of 1 City of San Bernardino
Engineer's Report
CC30 SL08 - AD 1068
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0136-361-36 $353.54 0136-361-40 $68.74 0280-251-67 $16.38
0136-361-37 $35.78 0136-371-39 $296.78
0136-361-39 $198.60 0280-251-65 $112.76
Totals Parcels 7 Levy $1,082.58
Assessment Roll
8.i
Packet Pg. 567 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
APPENDIX B
Assessment Diagrams
8.i
Packet Pg. 568 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
OHIO AVE
WALNUT AVEREDWOOD CT
ALEXIS CTSPENCER CTOLIVE AVEB
E
E
C
H
WO
O
D
A
V
E
B
AILE
Y
C
R
E
E
K
C
H
A
N
N
EL
C
H
MEYERS RDYOUNGSTOWN LNBETHANY WAY0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1028
Ê
Landscaping 28,190 sq. ft.
8.i
Packet Pg. 569 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
16TH ST PENNSYLVANIA STARIZONA ST17TH ST
CLYDE STGLENVIEW STCALFORNIA ST0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1029
Ê
Landscaping 12,074 sq. ft.
8.i
Packet Pg. 570 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
GARFIELD ST
CHESTNUT AVEDINAH CTJASMINE CTCAITLIN STOHIO ST
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1030
Ê
Landscaping 22,425 sq. ft.
8.i
Packet Pg. 571 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
IRVINGTON AVE
BRENDA LN
STEPHANIE
AVE
S.B.C.F.C.D.
S
T
D
R NORMA LNLORI LNLINDA LN0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1031
Ê
Landscaping 80,000 sq. ft.
8.i
Packet Pg. 572 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
VERDEMONT
DRZACHARYCT
HUNTINGTON DRMEL
VI
N AVE0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1032
Ê
Landscaping 21,280 sq. ft.
8.i
Packet Pg. 573 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
PALM AVEOHIO AVE
MEYERS RD
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1035ZONE 1
Ê
Landscaping 30,475 sq. ft.
8.i
Packet Pg. 574 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
PALM AVEBELMONT AVE
COMSTOCK RD
AKRON ST
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1035ZONE 2
Ê
Landscaping 1,650 sq. ft.
8.i
Packet Pg. 575 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
STATE
15
H
W
Y
KENDALL
DR
ASH ST NORTHPARKBLVDS
Y
C
A
MORES
T
R
ESYCAMORE STVALLES
DRGINKGOST
UNIVERSITYPARKWAYCAMPUSPKWY0 400 800200FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1036
Ê
Landscaping 1,61 5,182 sq. ft.
8.i
Packet Pg. 576 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
BELMONT AVEC0LEEN LNCHRISANN CIR
MEYERS RD
DARLING LN0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1037
Ê
Landscaping 29,207 sq. ft.
8.i
Packet Pg. 577 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
S.B.C.F.C.D. CHANNEL CHORANGE SHOW RDARROWHEAD AVESIERRA WAYORANGE SHOW LN
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1038
Ê
Landscaping 75,380 sq. ft.
8.i
Packet Pg. 578 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
IRVINGTON AVEMAGNOLIA AVEBELMONT AVEWADE CTCABLE
CREEK
CHANNEL
MEYERS RD
CHESTNUTAVE0 200 400100FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1039
Ê
Landscaping 40,425 sq. ft.Trail/Hardscape 39,975 sq. ft.
8.i
Packet Pg. 579 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
ACACIAC T
59TH STACACIA AVEMAYFIELD AVEARIES LN
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1040
Ê
Landscaping 72,665 sq. ft.Fuel Mod 97,480 sq. ft.
8.i
Packet Pg. 580 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAGNOLIA AVEMEYERS RD CAITLIN STOHIO ST
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1041
Ê
Landscaping 46,771 sq. ft.
8.i
Packet Pg. 581 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
GLENWOOD CT
PINEWOODWAYAMBERWOOD CT
S H ADY CREEK
DR SHANDINHILLSDRMULECREEKCTHURD CREEK WAYKENDALL
DR
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1042
Ê
Landscaping 187,800 sq. ft.Fuel Mod 229,330 sq. ft.Detention Basin
8.i
Packet Pg. 582 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
IRVINGTON AVE PALM AVECOLD MOUNTAIN WAYANGELS PEAK DR0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1043ZONE 1
Ê
Landscaping 22,770 sq. ft.
8.i
Packet Pg. 583 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
IRVINGTON AVE OLIVE AVEMOUNTCARMELALNSPLIT MOUNTAIN LN
MUIR MOUNTAIN
WAY
EAGLES GLEN STAKRON ST
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1043ZONE 2
Ê
Landscaping 46,495 sq. ft.
8.i
Packet Pg. 584 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
WATERMAN AVEAT & SF RR
PARK
C
E
N
T
ERCIR0 150 30075 FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1045
Ê
Landscaping 9,560 sq. ft.Hardscape 2,684 sq. ft.
8.i
Packet Pg. 585 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
SUNVALLEYDRNorthstar Stre
N O R T H P A R K BLVDBrighton Cour0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1046
Ê
Landscaping 9,560 sq. ft.
8.i
Packet Pg. 586 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
OHIO AVE ASHLEY CTPINE AVE0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1047
Ê
Landscaping 14,205 sq. ft.Trail 14,668 sq. ft.Fuel Mod. 2,102 sq. ft.
8.i
Packet Pg. 587 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
RANDALL AVE EUCALYPTUS AVEPENNY LN
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1048
Ê
Landscaping 13,953 sq. ft.
8.i
Packet Pg. 588 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
RIALTO AVE
AT & S F PEPPER AV0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1050
Ê
Landscaping 5,155 sq. ft.
8.i
Packet Pg. 589 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
BELMONT AVE
MEYERS RD CHESTNUT AVESHANON LNOHIO ST
0 150 30075 FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1052
Ê
Landscaping 32,519 sq. ft.Trail 21,313 sq. ft.
8.i
Packet Pg. 590 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
NORTHCOLONYWAYVALLE
S
D
RIVCAMPUSPKWY
0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1054
Ê
Landscaping 28,265 sq. ft.
8.i
Packet Pg. 591 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
OHIO AVE
ASHTONCTNORTHCOLONYWAYCHRISTINE
ST
AUBREY
BELMONT
AVE
REDWOOD
ST
CHRISTOPHER STPINE AVEAKRON ST
KENDALL
DR 0 350 700175FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1055
Ê
Landscaping 120,680 sq. ft.Catch Basin 4 Sewer Lift
8.i
Packet Pg. 592 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAGNOLIA AVEANTIQUESTCATHEDRAL CT
VERDEMONT DR
GARFIELD ST
BAROQUE CTOHIO ST
0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1056
Ê
Detention Basin Landscaping 41,325 sq. ft.Fuel Mod
8.i
Packet Pg. 593 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
INTERCHANGE
DR
MIKE DALEY DRCAJO
N
BLVD
§¨¦215
0 300 600150FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1057
Ê
Landscaping 188,261 sq. ft.Detention Basin
8.i
Packet Pg. 594 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
TIPPECANOE(ORIG)AVESANTAANARIVTIPPECANOE AVECOOLEY AVE GAGE CLORANGE
SHOW
RD TIPPECANOE AVE0 150 30075FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1059
Ê
Landscaping 7,073 sq. ft.
8.i
Packet Pg. 595 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
DATE STCHIQUITA LN0 100 20050FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1060
Ê
Landscaping 6,747 sq. ft.
8.i
Packet Pg. 596 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
CENTRAL AVE
SANTAANARIVNORMAN RD CLEVENGER DRLENA RDVALLEYVIEWAVEORANGE SHOW RD
0 250 500125FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1063
Ê
Landscaping 160,173 sq. ft.
8.i
Packet Pg. 597 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
S
B
C
F
C
D
A
.T.
&
S
.F.
R
RGLENHELENPKWY CAJON
BLVD
§¨¦215
0 400 800200FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1064
Ê
Landscaping 304,508 sq. ft.
8.i
Packet Pg. 598 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
SAN BERNARDINO AVE MOUNTAINVIEWAVERIVERVIEW D R
S A N T A AN A RIV
STERLING AVETIPPECANOE AVE0 600 1,200300 FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1068
Ê
Landscaping 37,982 sq. ft.Detention Basin 1 Storm Drain 1
8.i
Packet Pg. 599 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
APPENDIX C
MAD District Cost Summary
8.i
Packet Pg. 600 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1028 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $7,082.49 $8,584.95
Maintenance of Trees/Irrigation $251.24 $304.54
Irrigation Costs (Water and Energy) $2,280.01 $2,763.69
Total Direct Costs $9,613.74 $11,653.19
Indirect Costs
Assessment Engineer $0.00 $523.53
City Administration $1,655.51 $1,164.10
Auditor-Controller $22.80 $22.80
Total Indirect Costs $1,678.31 $1,710.43
Total Costs $11,292.05 $13,363.62
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,835.58)
General Benefit Contribution ($103.31) ($122.26)
Total Adjustments ($103.31) ($1,957.84)
Total Assessment $11,188.75 $11,405.78
Estimated through June 30
8.i
Packet Pg. 601 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1029 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $3,202.18 $3,995.58
Maintenance of Trees/Irrigation $212.17 $264.74
Irrigation Costs (Water and Energy) $1,280.87 $1,598.23
Total Direct Costs $4,695.22 $5,858.56
Indirect Costs
Assessment Engineer $0.00 $337.40
City Administration $746.91 $424.00
Auditor-Controller $11.40 $11.40
Total Indirect Costs $758.31 $772.80
Total Costs $5,453.53 $6,631.36
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($789.23)
General Benefit Contribution ($398.11) ($484.09)
Total Adjustments ($398.11) ($1,273.32)
Total Assessment $5,055.43 $5,358.04
Estimated through June 30
8.i
Packet Pg. 602 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1030 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $3,350.70 $3,988.09
Maintenance of Trees/Irrigation $74.71 $88.92
Irrigation Costs (Water and Energy) $1,675.35 $1,994.05
Total Direct Costs $5,100.76 $6,071.06
Indirect Costs
Assessment Engineer $0.00 $483.89
City Administration $848.88 $381.46
Auditor-Controller $14.10 $14.10
Total Indirect Costs $862.98 $879.45
Total Costs $5,963.74 $6,950.51
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($607.15)
General Benefit Contribution ($210.56) ($245.40)
Total Adjustments ($210.56) ($852.55)
Total Assessment $5,753.18 $6,097.96
Estimated through June 30
8.i
Packet Pg. 603 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1031 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $13,801.09 $14,516.02
Maintenance of Trees/Irrigation $345.03 $362.90
Irrigation Costs (Water and Energy) $5,520.44 $5,806.40
Total Direct Costs $19,666.56 $20,685.32
Indirect Costs
Assessment Engineer $0.00 $1,590.26
City Administration $3,438.47 $1,914.92
Auditor-Controller $32.10 $32.10
Total Indirect Costs $3,470.57 $3,537.28
Total Costs $23,137.13 $24,222.60
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($638.23)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($638.23)
Total Assessment $23,137.13 $23,584.37
Estimated through June 30
8.i
Packet Pg. 604 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1032 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $2,926.28 $2,760.08
Maintenance of Trees/Irrigation $343.78 $324.26
Irrigation Costs (Water and Energy) $1,463.14 $1,380.04
Total Direct Costs $4,733.20 $4,464.38
Indirect Costs
Assessment Engineer $0.00 $434.25
City Administration $816.07 $397.65
Auditor-Controller $19.20 $19.20
Total Indirect Costs $835.27 $851.10
Total Costs $5,568.48 $5,315.48
Collection/(Contribution)
Operating Reserve $0.00 $586.60
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 $586.60
Total Assessment $5,568.48 $5,902.08
Estimated through June 30
8.i
Packet Pg. 605 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1035 Zone 1 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $5,932.53 $7,004.61
Maintenance of Trees/Irrigation $486.67 $574.62
Irrigation Costs (Water and Energy) $2,966.27 $3,502.30
Total Direct Costs $9,385.47 $11,081.53
Indirect Costs
Assessment Engineer $0.00 $570.94
City Administration $1,621.74 $1,082.26
Auditor-Controller $9.00 $9.00
Total Indirect Costs $1,630.74 $1,662.20
Total Costs $11,016.21 $12,743.73
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,494.16)
General Benefit Contribution ($144.59) ($167.27)
Total Adjustments ($144.59) ($1,661.43)
Total Assessment $10,871.62 $11,082.30
Estimated through June 30
8.i
Packet Pg. 606 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1035 Zone 2 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $919.56 $611.28
Maintenance of Trees/Irrigation $139.33 $92.62
Irrigation Costs (water and energy) $459.78 $305.64
Total Direct Costs $1,518.67 $1,009.53
Indirect Costs
Assessment Engineer $0.00 $78.72
City Administration $248.47 $174.57
Auditor-Controller $3.90 $3.90
Total Indirect Costs $252.37 $257.19
Total Costs $1,771.04 $1,266.72
Collection/(Contribution)
Operating Reserve $0.00 $511.72
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($88.55) ($63.34)
Total Adjustments ($88.55)$448.38
Total Assessment $1,682.49 $1,715.10
Estimated through June 30
8.i
Packet Pg. 607 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1036 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $6,021.80 $4,920.93
Maint. of Groundcover/Shrubs/Irrigation/Slope/DG Trails $66,007.46 $53,938.14
Maint. of Fuel-Mod Slope/Irrigation/Drain. Ditches/DG Trails $17,775.33 $14,524.98
Maintenance of Trees/Irrigation $1,998.16 $1,632.68
Maintenance of Hardscape, Monument Signs and Lighting $1,060.56 $1,501.10
Irrigation Costs (Water and Energy) $86,063.92 $70,327.88
Maintenance of Maxwell Drains $6,877.01 $9,733.65
Maintenance of Exercise Stations/Gazebos/Benches $1,998.16 $2,828.18
Total Direct Costs $187,802.40 $159,407.54
Indirect Costs
Assessment Engineer $0.00 $20,576.65
City Administration $32,395.40 $12,447.22
Auditor-Controller $74.70 $74.70
Total Indirect Costs $32,470.10 $33,098.57
Total Costs $220,272.50 $192,506.11
Collection/(Contribution)
Operating Reserve $0.00 $31,398.28
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.34
General Benefit Contribution ($3,805.15) ($3,239.00)
Total Adjustments ($3,805.15)$28,159.62
Total Assessment $216,467.35 $220,665.73
Estimated through June 30
8.i
Packet Pg. 608 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1037 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $881.13 $1,383.37
Maintenance of Ground Cover/Shrubs/Irrigation $1,670.45 $2,622.57
Maintenance of Trees/Irrigation $218.40 $342.89
Irrigation Costs (Water and Energy) $1,275.79 $2,002.97
Total Direct Costs $4,045.77 $6,351.81
Indirect Costs
Assessment Engineer $0.00 $545.05
City Administration $678.58 $146.69
Auditor-Controller $9.90 $9.90
Total Indirect Costs $688.48 $701.64
Total Costs $4,734.25 $7,053.45
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,973.30)
General Benefit Contribution ($144.39) ($215.13)
Total Adjustments ($144.39) ($2,188.43)
Total Assessment $4,589.85 $4,865.02
Estimated through June 30
8.i
Packet Pg. 609 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1038 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $1,056.03 $149.72
Maintenance of Ground Cover/Shrubs/Irrigation $704.13 $99.83
Maintenance of Trees/Irrigation $77.84 $11.04
Irrigation Costs (Water and Energy) $938.75 $133.09
Total Direct Costs $2,776.75 $393.67
Indirect Costs
Assessment Engineer $0.00 $964.11
City Administration $438.23 ($517.38)
Auditor-Controller $10.80 $10.80
Total Indirect Costs $449.03 $457.53
Total Costs $3,225.78 $851.20
Collection/(Contribution)
Operating Reserve $0.00 $2,261.44
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($232.26) ($61.29)
Total Adjustments ($232.26)$2,200.15
Total Assessment $2,993.52 $3,051.35
Estimated through June 30
8.i
Packet Pg. 610 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1039 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $732.18 $971.48
Maintenance of Ground Cover/Shrubs/Irrigation $4,200.90 $5,573.84
Maintenance of 3 Rail Trail Separation Vinyl Fence $213.55 $192.90
Maintenance of Trees/Irrigation $610.15 $809.56
Maintenance of Hardscape/Monument Signs/Trail/Lighting $2,439.09 $2,203.13
Irrigation Costs (Water and Energy) $2,466.54 $3,272.65
Total Direct Costs $10,662.42 $13,023.56
Indirect Costs
Assessment Engineer $0.00 $1,201.03
City Administration $1,748.13 $581.01
Auditor-Controller $38.10 $38.10
Total Indirect Costs $1,786.23 $1,820.14
Total Costs $12,448.65 $14,843.70
Collection/(Contribution)
Operating Reserve $0.00 $0.04
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,577.31)
General Benefit Contribution ($540.47) ($644.45)
Total Adjustments ($540.47) ($2,221.72)
Total Assessment $11,908.17 $12,621.98
Estimated through June 30
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Packet Pg. 611 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1040 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $5,743.26 $5,050.30
Maintenance of SBFCD Fuel-Mod Thinning Area $3,852.29 $3,387.38
Maintenance of Trees/Irrigation $395.19 $347.36
Irrigation Costs (Water and Energy) $2,297.31 $2,019.94
Total Direct Costs $12,288.05 $10,804.98
Indirect Costs
Assessment Engineer $0.00 $1,713.99
City Administration $2,154.68 $482.49
Auditor-Controller $13.80 $13.80
Total Indirect Costs $2,168.48 $2,210.28
Total Costs $14,456.52 $13,015.26
Collection/(Contribution)
Operating Reserve $0.00 $1,721.61
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 $1,721.61
Total Assessment $14,456.52 $14,736.87
Estimated through June 30
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Packet Pg. 612 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1041 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $1,166.49 $1,289.58
Maintenance of Slope Area $3,082.65 $3,407.93
Maintenance of Trees/Irrigation $825.36 $912.45
Irrigation Costs (Water and Energy) $3,088.24 $3,414.12
Total Direct Costs $8,162.74 $9,024.08
Indirect Costs
Assessment Engineer $0.00 $713.99
City Administration $1,418.30 $731.82
Auditor-Controller $5.10 $5.10
Total Indirect Costs $1,423.40 $1,450.91
Total Costs $9,586.14 $10,474.99
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($310.79)
General Benefit Contribution ($96.82) ($105.80)
Total Adjustments ($96.82) ($416.59)
Total Assessment $9,489.32 $10,058.41
Estimated through June 30
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Packet Pg. 613 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1042 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $28,650.48 $31,726.87
Maintenance of Trees/Irrigation $1,017.06 $1,126.27
Irrigation Costs (Water and Energy) $15,280.25 $16,920.99
Maintenance of City Fuel-Mod Thinning Area $9,329.66 $10,331.45
Total Direct Costs $54,277.45 $60,105.58
Indirect Costs
Assessment Engineer $0.00 $2,987.86
City Administration $9,556.77 $6,754.31
Auditor-Controller $21.60 $21.60
Total Indirect Costs $9,578.37 $9,763.77
Total Costs $63,855.82 $69,869.35
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($4,775.19)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($4,775.19)
Total Assessment $63,855.82 $65,094.16
Estimated through June 30
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Packet Pg. 614 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1043 Zone 1 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $4,419.98 $4,245.07
Maintenance of Trees/Irrigation $388.23 $372.87
Irrigation Costs (Water and Energy) $1,767.99 $1,698.03
Total Direct Costs $6,576.20 $6,315.96
Indirect Costs
Assessment Engineer $0.00 $469.46
City Administration $1,056.31 $607.34
Auditor-Controller $12.30 $12.30
Total Indirect Costs $1,068.61 $1,089.10
Total Costs $7,644.81 $7,405.06
Collection/(Contribution)
Operating Reserve $0.00 $360.87
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($520.73) ($504.40)
Total Adjustments ($520.73) ($143.53)
Total Assessment $7,124.08 $7,261.53
Estimated through June 30
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Packet Pg. 615 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1043 Zone 2 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $7,836.72 $8,798.84
Maintenance of Trees/Irrigation $33.71 $37.84
Irrigation Costs (water and energy) $3,134.69 $3,519.53
Total Direct Costs $11,005.11 $12,356.21
Indirect Costs
Assessment Engineer $0.00 $890.58
City Administration $1,927.98 $1,074.80
Auditor-Controller $14.10 $14.10
Total Indirect Costs $1,942.08 $1,979.48
Total Costs $12,947.19 $14,335.69
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,137.91)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($1,137.91)
Total Assessment $12,947.19 $13,197.78
Estimated through June 30
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Packet Pg. 616 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1045 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $4,758.76 $6,893.02
Maintenance of Ground Cover/Shrubs/Irrigation $819.07 $1,186.42
Maintenance of Trees/Irrigation $1,173.38 $1,699.62
Maintenance of Hardscape, Monument Signs and Lighting $242.21 $320.25
Irrigation Costs (Water and Energy) $2,788.91 $4,039.72
Total Direct Costs $9,782.33 $14,139.03
Indirect Costs
Assessment Engineer $0.00 $445.92
City Administration $1,425.31 $1,007.04
Auditor-Controller $4.20 $4.20
Total Indirect Costs $1,429.51 $1,457.16
Total Costs $11,211.84 $15,596.19
Collection/(Contribution)
Operating Reserve $0.00 $0.10
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($3,541.88)
General Benefit Contribution ($1,681.78) ($2,339.43)
Total Adjustments ($1,681.78) ($5,881.21)
Total Assessment $9,530.06 $9,714.98
Estimated through June 30
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Packet Pg. 617 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1046 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $3,064.95 $2,996.22
Maintenance of Trees/Irrigation $801.50 $783.53
Irrigation Costs (Water and Energy) $1,225.98 $1,198.48
Total Direct Costs $5,092.43 $4,978.23
Indirect Costs
Assessment Engineer $0.00 $267.55
City Administration $852.01 $600.99
Auditor-Controller $5.70 $5.70
Total Indirect Costs $857.71 $874.24
Total Costs $5,950.14 $5,852.47
Collection/(Contribution)
Operating Reserve $0.00 $204.76
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($232.06) ($228.25)
Total Adjustments ($232.06) ($23.49)
Total Assessment $5,718.09 $5,828.98
Estimated through June 30
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Packet Pg. 618 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1047 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $1,981.83 $2,265.87
Maintenance of Thinning Area $97.75 $111.76
Maintenance of Hardscape and Trail $682.14 $431.67
Maintenance of Trees/Irrigation $465.05 $531.71
Irrigation Costs (Water and Energy) $1,321.22 $1,510.58
Total Direct Costs $4,548.00 $4,851.59
Indirect Costs
Assessment Engineer $0.00 $339.49
City Administration $800.19 $476.22
Auditor-Controller $2.40 $2.40
Total Indirect Costs $802.59 $818.11
Total Costs $5,350.59 $5,669.70
Collection/(Contribution)
Operating Reserve $0.00 $1.89
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 $1.89
Total Assessment $5,350.59 $5,671.59
Estimated through June 30
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Packet Pg. 619 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1048 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $2,576.61 $2,160.54
Maintenance of Trees/Irrigation $1,231.09 $1,032.29
Irrigation Costs (Water and Energy) $1,374.19 $1,152.28
Total Direct Costs $5,181.89 $4,345.11
Indirect Costs
Assessment Engineer $0.00 $427.15
City Administration $896.30 $486.54
Auditor-Controller $6.00 $6.00
Total Indirect Costs $902.30 $919.69
Total Costs $6,084.19 $5,264.80
Collection/(Contribution)
Operating Reserve $0.00 $1,170.89
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($68.85) ($59.58)
Total Adjustments ($68.85)$1,111.31
Total Assessment $6,015.34 $6,376.11
Estimated through June 30
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Packet Pg. 620 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1050 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $989.63 $974.70
Maintenance of Ground Cover/Shrubs/Irrigation $196.43 $193.47
Maintenance of Trees/Irrigation $1,955.81 $1,926.31
Irrigation Costs (water and energy) $593.04 $584.09
Total Direct Costs $3,734.90 $3,678.57
Indirect Costs
Assessment Engineer $0.00 $219.53
City Administration $547.72 $338.82
Auditor-Controller $4.20 $4.20
Total Indirect Costs $551.92 $562.55
Total Costs $4,286.82 $4,241.12
Collection/(Contribution)
Operating Reserve $0.00 $260.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($607.35) ($600.87)
Total Adjustments ($607.35) ($340.87)
Total Assessment $3,679.47 $3,900.25
Estimated through June 30
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Packet Pg. 621 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1052 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $3,665.74 $4,610.40
Maintenance of Trees/Irrigation $3,719.96 $4,678.60
Irrigation Costs (Water and Energy) $1,832.87 $2,305.21
Maintenance of AC/DG Trail System $1,201.27 $1,217.03
Maintenance of Hardscape, Monument, Trail, Lighting, Wall, Fence $676.36 $685.24
Maintenance of Vinyl Trail Separation Fence $380.45 $385.44
Total Direct Costs $11,476.64 $13,881.93
Indirect Costs
Assessment Engineer $0.00 $1,131.87
City Administration $1,793.03 $695.95
Auditor-Controller $16.20 $16.20
Total Indirect Costs $1,809.23 $1,844.02
Total Costs $13,285.87 $15,725.95
Collection/(Contribution)
Operating Reserve $0.00 $0.16
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,491.81)
General Benefit Contribution ($1,224.31) ($1,449.17)
Total Adjustments ($1,224.31) ($2,940.82)
Total Assessment $12,061.56 $12,785.13
Estimated through June 30
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Packet Pg. 622 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1054 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $948.39 $782.49
Maintenance of Ground Cover/Shrubs/Irrigation $3,581.78 $2,955.23
Maintenance of Trees/Irrigation $852.09 $703.04
Irrigation Costs (Water and Energy) $2,265.09 $1,868.86
Maintenance of Hardscape, Monument Signs and Lighting $143.36 $210.14
Total Direct Costs $7,790.70 $6,519.77
Indirect Costs
Assessment Engineer $0.00 $503.83
City Administration $1,218.59 $738.40
Auditor-Controller $6.60 $6.60
Total Indirect Costs $1,225.19 $1,248.83
Total Costs $9,015.89 $7,768.60
Collection/(Contribution)
Operating Reserve $0.00 $1,288.21
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($847.94) ($730.63)
Total Adjustments ($847.94)$557.58
Total Assessment $8,167.96 $8,326.18
Estimated through June 30
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Packet Pg. 623 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1055 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $7,872.29 $9,276.52
Maintenance of Ground Cover/Shrubs/Irrigation/ DG Trail $4,093.27 $4,823.42
Maintenance of Trees/Irrigation $1,656.86 $1,952.40
Irrigation Costs (Water and Energy) $3,998.99 $4,712.32
Annual Lease Costs for Maintenance of MWD Property $1,284.07 $1,299.51
Total Direct Costs $18,905.47 $22,064.16
Indirect Costs
Assessment Engineer $0.00 $1,776.69
City Administration $2,938.86 $1,219.19
Auditor-Controller $11.70 $11.70
Total Indirect Costs $2,950.56 $3,007.58
Total Costs $21,856.03 $25,071.74
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($1,714.33)
General Benefit Contribution ($2,185.60) ($2,507.17)
Total Adjustments ($2,185.60) ($4,221.50)
Total Assessment $19,670.43 $20,850.24
Estimated through June 30
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Packet Pg. 624 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1056 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $3,506.76 $294.22
Maintenance of Trees/Irrigation $3,802.90 $319.06
Maintenance of Detention Basin $4,136.53 $791.89
Irrigation Costs (Water and Energy) $3,687.28 $309.36
Total Direct Costs $15,133.47 $1,714.54
Indirect Costs
Assessment Engineer $0.00 $871.45
City Administration $2,590.25 $1,769.05
Auditor-Controller $11.40 $11.40
Total Indirect Costs $2,601.65 $2,651.90
Total Costs $17,735.12 $4,366.44
Collection/(Contribution)
Operating Reserve $0.00 $13,410.21
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($390.79) ($96.21)
Total Adjustments ($390.79)$13,314.00
Total Assessment $17,344.32 $17,680.43
Estimated through June 30
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Packet Pg. 625 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1057 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $4,447.22 $8,337.65
Maintenance of Trees/Irrigation $793.67 $1,487.98
Detention Basin Vegetation Abatement $3,210.39 $1,950.98
Detentioin Basin Maintenance $5,724.85 $3,479.04
Irrigation Costs (Water and Energy) $2,223.61 $4,168.82
Total Direct Costs $16,399.75 $19,424.46
Indirect Costs
Assessment Engineer $0.00 $3,117.57
City Administration $2,662.31 ($403.61)
Auditor-Controller $2.70 $2.70
Total Indirect Costs $2,665.01 $2,716.66
Total Costs $19,064.76 $22,141.12
Collection/(Contribution)
Operating Reserve $0.00 $12,378.54
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,298.01) ($1,507.47)
Total Adjustments ($1,298.01)$10,871.07
Total Assessment $17,766.75 $33,012.20
Estimated through June 30
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Packet Pg. 626 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1059 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $958.27 $1,373.38
Irrigation Costs (Water and Energy) $511.08 $732.47
Total Direct Costs $1,469.35 $2,105.85
Indirect Costs
Assessment Engineer $0.00 $181.03
City Administration $212.92 $36.02
Auditor-Controller $1.80 $1.80
Total Indirect Costs $214.72 $218.85
Total Costs $1,684.07 $2,324.70
Collection/(Contribution)
Operating Reserve $0.00 $227.69
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($252.61) ($348.71)
Total Adjustments ($252.61) ($121.02)
Total Assessment $1,431.46 $2,203.69
Estimated through June 30
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Packet Pg. 627 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1060 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $1,001.27 $1,112.34
Maintenance of Trees/Irrigation $333.91 $370.95
Irrigation Costs (Water and Energy) $500.63 $556.16
Total Direct Costs $1,835.81 $2,039.45
Indirect Costs
Assessment Engineer $0.00 $216.44
City Administration $322.47 $112.28
Auditor-Controller $1.50 $1.50
Total Indirect Costs $323.97 $330.22
Total Costs $2,159.78 $2,369.67
Collection/(Contribution)
Operating Reserve $0.00 $0.00
Capital Replacement $0.00 $0.00
City Contribution $0.00 ($80.39)
General Benefit Contribution $0.00 $0.00
Total Adjustments $0.00 ($80.39)
Total Assessment $2,159.78 $2,289.28
Estimated through June 30
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Packet Pg. 628 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1063 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation (Includes Detention Basins) $1,410.64 $71.36
Maintenance of Ground Cover/Shrubs/Irrigation $801.05 $40.52
Maintenance of Trees/Irrigation $904.43 $45.75
Irrigation Costs (Water and Energy) $1,105.85 $55.94
Total Direct Costs $4,221.97 $213.57
Indirect Costs
Assessment Engineer $0.00 $2,833.77
City Administration $723.50 ($2,096.23)
Auditor-Controller $2.40 $2.40
Total Indirect Costs $725.90 $739.94
Total Costs $4,947.87 $953.51
Collection/(Contribution)
Operating Reserve $0.00 $3,998.07
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($108.52) ($20.91)
Total Adjustments ($108.52)$3,977.16
Total Assessment $4,839.35 $4,930.67
Estimated through June 30
8.i
Packet Pg. 629 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1064 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Turf/Irrigation $1,886.38 $2.62
Maintenance of Ground Cover/Slopes/Shrubs/Irrigation $2,925.07 $4.07
Maintenance of Trees/Irrigation $1,437.87 $2.00
Irrigation Costs (Water and Energy) $1,924.58 $2.68
Energy Costs $0.00 $7.09
Total Direct Costs $8,173.90 $18.45
Indirect Costs
Assessment Engineer $0.00 $5,786.66
City Administration $1,192.97 ($4,570.55)
Auditor-Controller $1.50 $1.50
Total Indirect Costs $1,194.47 $1,217.61
Total Costs $9,368.37 $1,236.06
Collection/(Contribution)
Operating Reserve $0.00 $7,070.55
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,405.25) ($185.41)
Total Adjustments ($1,405.25)$6,885.14
Total Assessment $7,963.11 $8,121.20
Estimated through June 30
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Packet Pg. 630 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
MAD No. 1068 FY 2020-21 Budget
Direct Costs FY 2019-20 FY 2020-21
Maintenance of Ground Cover/Shrubs/Irrigation $232.18 $109.19
Maintenance of Trees/Irrigation $250.64 $117.87
Irrigation Costs (Water and Energy) $116.09 $54.60
Detention Basin Vegetation Abatement/Slope Repair $45.85 $1.48
Detention Basin Maintenance Cost - 25 Cubic Yards $172.39 $5.56
Storm Drain Maintenance Cost $207.02 $6.67
Total Direct Costs $1,024.17 $295.37
Indirect Costs
Assessment Engineer $0.00 $1,655.12
City Administration $157.85 ($1,494.21)
Auditor-Controller $2.10 $2.10
Total Indirect Costs $159.95 $163.01
Total Costs $1,184.12 $458.38
Collection/(Contribution)
Operating Reserve $0.00 $669.88
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($117.81) ($45.60)
Total Adjustments ($117.81)$624.28
Total Assessment $1,066.31 $1,082.65
Estimated through June 30
8.i
Packet Pg. 631 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
8.i
Packet Pg. 632 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -4 (6799 : Fiscal Year 2020-21
CITY OF S AN BERNARDINO
Maintenance Assessment Districts
Volume 5
FISCAL YEAR 2020-21
FINAL ENGINEER'S REPORT
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Packet Pg. 633 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -5 (6799 : Fiscal Year 2020-21
Table of Contents
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Sections
i. Introduction i
1. Plans and Specifications 1
2. Cost Estimates 2
3. Method of Apportionment of Assessment 6
4. Assessment Diagram 13
5. Assessment Rolls 14
Tables
Table 2-1 MAD No. 1022 Zone 1 FY 2020-21 Budget 3
Table 2-2 MAD No. 1022 Zone 2 FY 2020-21 Budget 4
Table 2-3 MAD No. 1022 Zone 3 FY 2020-21 Budget 5
Table 3-1 Maximum Assessment Rates 10
Appendices
Appendix A – Assessment Rolls
Appendix B – Assessment Diagram
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Packet Pg. 634 Attachment: PW.2020-21 Assessment Levies for Previously Formed Assessment Districts - Final Engineer Report -5 (6799 : Fiscal Year 2020-21
i. Introduction Page | i
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
AGENCY: CITY OF SAN BERNARDINO
PROJECT: ASSESSMENT DISTRICT NO. 1022 ZONES 1, 2 AND 3
TO: CITY COUNCIL
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
ENGINEER’S REPORT PURSUANT TO THE "ASSESSMENT LAW"
Pursuant to direction from the City Council (the “City Council”) of the City of San Bernardino (the “City”), State of California, submitted
herewith is the Engineer’s Report (the “Report”) for Maintenance Assessment District No. 1022 Zones 1, 2, and 3 (“MAD No. 1022” or
the “District”), consisting of the following parts, pursuant to the Charter of the City of San Bernardino and Section 19 of Article 16 and in
compliance with Article XIII D of the Constitution of the State of California (the “Assessment Law”), and which is in accordance with
Resolution No. 2020-__ adopted by the City of San Bernardino City Council, San Bernardino County, California ordering preparation of
this Report. This Report is applicable for the ensuing 12-month period, being the Fiscal Year commencing July 1, 2020 to June 30, 2021.
Section 1 PLANS AND SPECIFICATIONS including a general description of the maintenance and plans of the landscaping,
irrigation systems and street lighting proposed to be funded.
Section 2 A COST ESTIMATE of maintaining the landscaping, irrigation systems and street lighting including incidental costs
and expenses in connection therewith for Fiscal Year 2020-21, is as set forth on the lists thereof, attached hereto.
Section 3 The METHOD OF APPORTIONMENT OF ASSESSMENT contains the method of apportionment of assessments,
indicating the proposed assessment of the total amount of the costs and expenses of the improvements upon several
lots and parcels of land within the District, in proportion to the estimated benefits to be received by such lots and
parcels.
Section 4 ASSESSMENT DIAGRAM showing the District, the lines and dimensions of each parcel of land within said District, as
the same exists on the maps of the County of San Bernardino Assessor for Fiscal Year 2020-21, is filed in the offices
of the City of San Bernardino. An Assessment Diagram of each zone can be found in Appendix B.
Section 5 ASSESSMENT ROLLS showing the actual assessment for the Fiscal Year 2020-21 apportioned to each parcel as
shown on the latest equalized roll at the County Assessor’s Office can be found in Appendix A.
Maintenance
Assessment District Name
Actual
Assessment
per Unit ($)
Maximum Assessment
per Unit ($)
MAD No. 1022 Zone 1 San Bernardino International Airport/Alliance-California $100.45 $178.66
MAD No. 1022 Zone 2 San Bernardino International Airport/Alliance-California $109.31 $109.31
MAD No. 1022 Zone 3 San Bernardino International Airport/Alliance-California $90.91 $104.63
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i. Introduction Page | ii
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Background
The City Council of the City of San Bernardino approved the formation of MAD No. 1022 in 2006. The District was formed pursuant to
the requirements of the Assessment Law.
The District was formed to provide a source of funds for the improvements which may include, but are not limited to: landscaping, planting,
shrubbery, trees, turf, irrigation and drainage systems, trails, hardscapes, walls, site lighting and appurtenant facilities. The Report sets
forth the methodology to be used in apportioning the assessment to the different land use types within the City based upon the benefit
they receive.
There are 13 commercial parcels within Zone 1. There are 10 commercial parcels within Zone 2. There are 17 commercial parcels within
Zone 3. No further subdivision of the parcels is anticipated.
The boundaries of MAD No. 1022 Zone 1 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Tippecanoe Avenue on the west, the centerline of 3rd Street to the north, the centerline of Leland
Norton Way to the east and the San Bernardino International Airport to the south.
The boundaries of MAD No. 1022 Zone 2 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Lena Road to the west, the centerline of Mill Street to the south and the centerline of Tippecanoe
Avenue to the east.
The boundaries of MAD No. 1022 Zone 3 are shown on the Assessment Diagram located in Appendix B of this Report and is generally
described as follows:
The centerline of Mill Street to the north, the centerline of Tippecanoe Avenue to the east and the centerline of Central
Avenue to the south.
Parcels within this District are assessed their proportionate share of the cost for the maintenance of local improvements including, but
not limited to, landscaping facilities. These improvements provide a special benefit to those parcels due to their nature and location.
Designation of Maintenance Assessment District/Zones:
For your reference, you can find the following Maintenance Assessment Districts within the corresponding Volumes listed below:
Volume 1: MAD 95-1 (Zone 1), MAD 95-1 (Zone 2), MAD 95-2 (Zone 1, 2 and 2A), MAD 95-2 (Zone 3), MAD 953, MAD 956, MAD 959
(Zone 1), MAD 962, MAD 963, MAD 968, MAD 974, MAD 975, MAD 976, MAD 981, MAD 982, MAD 986, MAD 989, MAD 991, MAD
993, MAD 997, MAD 1001, MAD 1002, MAD 1005, MAD 1007, MAD 1012, and MAD 1016. These Maintenance Assessment Districts
listed are contained within Volume 1 and does not contain an annual escalator.
Volume 2: MAD 1017, MAD 1019, MAD 1020, MAD 1023 and MAD 1024. These Maintenance Assessment Districts listed are contained
within Volume 2 and does contain an annual CPI escalator only.
Volume 3: MAD 1025 and MAD 1027. These Maintenance Assessment Districts listed are contained within Volume 3 and has a 25%
general benefit of major arterial streets, 20% general benefit of secondary arterial streets, 15% general benefit of collector streets, and
100% special benefit of the local streets. These Maintenance Assessment Districts listed are contained in Volume 3 and contains an
annual escalator of 5% or CPI, whichever is less with other direct and special benefit requirements only pertaining to this Maintenance
District.
Volume 4: MAD 1028, MAD 1029, MAD 1030, MAD 1031, MAD 1032, MAD 1035 (Zone 1), MAD 1035 (Zone 2), MAD 1036, MAD 1037,
MAD 1038, MAD 1039, MAD 1040, MAD 1041, MAD 1042, MAD 1043 (Zone 1), MAD 1043 (Zone 2), MAD 1045, MAD 1046, MAD 1047,
MAD 1048, MAD 1050, MAD 1052, MAD 1054, MAD 1055, MAD 1056, MAD 1057, MAD 1059, MAD 1060, MAD 1063, MAD 1064, and
MAD 1068. These Maintenance Assessment Districts listed are contained within Volume 4 and contains an annual escalator of 5% or
CPI, whichever is less.
Volume 5: MAD 1022 (Zone 1), MAD 1022 (Zone 2) and MAD 1022 (Zone 3). These Maintenance Assessment Districts listed are
contained within Volume 5 and contains an annual escalator of 5% or CPI, whichever is less with other direct and special benefit
requirements only pertaining to this Maintenance District.
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i. Introduction Page | iii
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Current Annual Administration
As required by the Assessment Law, the Report includes: (1) a description of the improvements to be operated, maintained and serviced
by the District, (2) an estimated budget for the District, and (3) a listing of the proposed Fiscal Year 2020-21 assessments to be levied
upon each assessable lot or parcel within the District.
The City of San Bernardino will hold a Public Hearing on July 15, 2020, regarding the District which will provide an opportunity for
any interested person to be heard. At the conclusion of the Public Hearing, the City Council may adopt a resolution confirming the
assessment rates as originally proposed or as modified.
Payment of these annual assessments for each parcel will be made in the same manner and at the same time as payments are made
for their annual property taxes. All funds collected through the assessments must be placed in a special fund and can only be used for
the purposes stated within this Report.
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1. Plans and Specifications Page | 1
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Description of Improvements
This Report provides information specific to the parcels within the boundaries of Maintenance Assessment District No. 1022 Zone 1. The
improvements to be maintained include 89,550 sq. ft. of landscaping (including one tree), streetlighting and all appurtenances along
portions of Tippecanoe Avenue, Harry Shepard Boulevard, Del Rosa Drive, Third Street and Leland Norton Way. Street lighting shall
also include traffic signals and all appurtenances thereto.
In Zone 2 the improvements to be maintained include 22,200 sq. ft. of landscaping (including one tree), streetlighting and all
appurtenances along portions of Lena Road Mill Street and Tippecanoe Avenue. Street lighting shall also include traffic signals and all
appurtenances thereto.
In Zone 3 the improvements to be maintained include 5,657 sq. ft. of landscaping (including one tree), streetlighting and all appurtenances
along portions of Mill Street, Tippecanoe Avenue and Central Avenue. Street lighting shall also include traffic signals and all
appurtenances thereto.
An Assessment Diagram showing the maintained area is provided in Appendix B of this Report.
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2. Cost Estimates Page | 2
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
The cost estimate contains each of the items specified in the Assessment Law.
The Assessment Law provides that the estimated costs of the improvements shall include the total cost of the improvements for the
entire Fiscal Year 2020-21, including incidental expenses, which may include operating reserves.
The Assessment Law also provides that the amount of any surplus, deficit, or contribution be included in the estimated cost of
improvements. The net amount to be assessed on the lots or parcels within the District is the total cost of installation, maintenance, and
servicing with adjustments either positive or negative for reserves, surpluses, deficits, and/or contributions.
The District includes an annual inflation factor for future increases in assessments by a percentage equal to the increase in the
Consumer Price Index (CPI) in the Los Angeles-Riverside-Orange County Area, published by the United States Department of Labor,
Bureau of Labor Statistics over the previous year, or 5%, whichever is less.
There is a 1.94% proposed inflationary increase in the assessment per acre or per parcel as applicable over the assessment levied for
Fiscal Year 2019-20, which is consistent with the ballot proposition approved by the qualified electors when establishing said District.
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2. Cost Estimates Page | 3
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Table 2-1
MAD No. 1022 Zone 1 FY 2020-21 Budget
Estimated Through June 30
Direct Costs FY 2019-20 FY 2020-21
Total Land Acres 305.71
Common Area Maintenance $30,714.84 $31,310.71
Percent of Zone 1 Common Area Maintenance -10.00% -10%
Prorated Zone 1 Amount ($2,666.64) ($3,104.14)
Percent of Timber Creek 63.00% 63.00%
Prorated Timber Creek Amount $1,611.09 $1,642.35
Total Direct Costs $29,659.29 $29,848.92
Indirect Costs
Assessment Engineer $0.00 $2,445.86
City Administration $4,503.02 $2,144.51
Auditor-Controller $3.90 $3.60
Total Indirect Costs $4,506.92 $4,593.97
Total Costs $34,166.20 $34,442.89
Collection/(Contribution)
Operating Reserve $0.00 $380.50
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($4,048.41) ($4,863.29)
Total Adjustments ($4,048.41) ($4,482.79)
Total Assessment $30,117.80 $29,960.10
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2. Cost Estimates Page | 4
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Table 2-2
MAD No. 1022 Zone 2 FY 2020-21 Budget
Estimated Through June 30
Direct Costs FY 2019-20 FY 2020-21
Total Land Acres 153.59
Common Area Maintenance $13,478.53 $13,740.02
Percent of Zone 1 Common Area Maintenance 5.00% 5.00%
Prorated Zone 1 Amount $1,333.32 $1,322.37
Percent of Timber Creek 37.42% 37.42%
Prorated Timber Creek Amount $956.86 $975.42
Total Direct Costs $15,768.71 $16,037.81
Indirect Costs
Assessment Engineer $0.00 $770.60
City Administration $2,461.77 $1,738.93
Auditor-Controller $2.40 $2.40
Total Indirect Costs $2,464.17 $2,511.93
Total Costs $18,232.88 $18,549.74
Collection/(Contribution)
Operating Reserve $0.00 $291.19
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($1,764.06) ($2,052.53)
Total Adjustments ($1,764.06) ($1,761.34)
Total Assessment $16,468.82 $16,788.40
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2. Cost Estimates Page | 5
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Table 2-3
MAD No. 1022 Zone 3 FY 2020-21 Budget
Estimated Through June 30
Direct Costs FY 2019-20 FY 2020-21
Total Land Acres 100.20
Common Area Maintenance $6,964.88 $7,100.00
Percent of Zone 1 Common Area Maintenance 5.00% 5.00%
Prorated Zone 1 Amount $1,333.32 $1,322.37
Total Direct Costs $8,298.20 $8,422.37
Indirect Costs
Assessment Engineer $0.00 $481.22
City Administration $1,334.52 $879.19
Auditor-Controller $5.10 $5.10
Total Indirect Costs $1,339.62 $1,365.51
Total Costs $9,637.82 $9,787.88
Collection/(Contribution)
Operating Reserve $0.00 $178.71
Capital Replacement $0.00 $0.00
City Contribution $0.00 $0.00
General Benefit Contribution ($706.18) ($857.56)
Total Adjustments ($706.18) ($678.85)
Total Assessment $8,931.64 $9,109.03
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3. Method of Apportionment of Assessment Page | 6
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Changes in Organization
There are no changes in organization for Fiscal Year 2020-21.
Proposition 218 Compliance
On November 5, 1996 California voters approved Proposition 218 entitled “Right to Vote on Taxes Act” which added Article XIII D to
the California Constitution. While its title refers only to taxes, Proposition 218 establishes new procedural requirements for the formation
and administration of assessment districts. Proposition 218 also requires that with certain specified exceptions, which are described
below, all existing assessment districts must be ratified by the property owners within the District using the new procedures.
Some of these exceptions include:
1. Any assessment imposed exclusively to finance the capital cost or maintenance and operation expenses for streets.
2. Any assessments levied pursuant to a petition signed by the persons owning all of the parcels subject to the assessment at
the time the assessment was initially imposed.
However, even if assessments are initially exempt from Proposition 218, if the assessments are increased in the future, the City will
need to comply with the provisions of Proposition 218 for that portion of the increased assessment formula (e.g., CPI increase).
Proposition 218 does not define this term “streets”, however, based on the opinions of the public agency officials, attorneys, assessment
engineers, and Senate Bill 919, it has been determined that streets include all public improvements located within the street right-of-
way. This would include median and parkway landscaping, traffic signals, safety lighting, and street lighting.
Proposition 218 defines “assessment” as “any levy or charge upon real property by an agency for a special benefit conferred upon the
real property”, California Constitution, Article XIII D, §2(b). A special assessment, sometimes called a “benefit assessment,” is a charge
generally levied upon parcels of real property to pay for benefits the parcels receive from local improvements. Special assessments are
levied according to statutory authority granted by the Legislature or, in some instances, local charters. Distinguishing among taxes, fees
and assessments can be difficult and often depends on the context in which the distinction is made. For example, taxes, assessments
and property-related fees all may be imposed on property. The key feature that distinguishes an assessment from a tax, fee, or charge
is the existence of a special benefit to real property. Without identifying a special benefit, there can be no assessment.
Distinguishing General and Special Benefit
Proposition 218 added a set of procedures and requirements which a local government must follow to levy an assessment. In addition
to notice, hearing, and assessment ballot proceedings, Proposition 218 provides that “only special benefits are assessable” and requires
a local government to “separate the general benefits from the special benefits conferred on a parcel.”
By its nature most every public improvement financed through an assessment district contains an element of public benefit. The test is:
does there exist, with relation to the improvement, a special benefit to the property assessed? The law requires that portion of the cost
of the improvement which benefits the public generally, to be separated from that portion of the cost of the improvement which specially
benefits assessed properties. Proposition 218 provides the following definition of “special benefit”:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred
on real property located in the district or to the public at large. General enhancement of property
value does not constitute “special benefit”.
The actual assessment and the amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the
latest equalized roll at the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part
of the records of the County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
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3. Method of Apportionment of Assessment Page | 7
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Direct and Special Benefit
The maintenance of landscaping, groundcover, shrubs, trees, irrigation and detention basin provides direct and special benefit to those
properties located within MAD No. 1022.
Each and every lot or parcel within the District, receives a particular and distinct benefit from the improvements over and above general
benefits conferred by the improvements. First, improvements were conditions of approval for the creation or development of the parcels.
In order to create or develop the parcels, the City required the original developer to install and/or guarantee the maintenance of the
improvements, and appurtenant facilities serving the lots or parcels. Therefore, each and every lot or parcel within the District could not
have been developed in the absence of the installation and expected maintenance of these facilities.
In addition, the improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the
nature of the improvements. The proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights,
traffic signals, and bridge lights, and graffiti abatement, and appurtenant facilities specially benefit parcels within the District by
moderating temperatures, providing oxygenation, attenuating noise from adjacent streets and controlling dust for those properties in
close proximity to the landscaping. Improved erosion and water quality control, dust abatement, increased public safety (e.g., control
sight distance restrictions and fire hazards), improved neighborhood property protection and aesthetics, controlling or restricting the
flow of traffic into and out of the development, increasing public safety for both pedestrians and the motoring public, and increasing
traffic safety by improving visibility. The spraying and treating of landscaping for disease reduces the likelihood of insect infestation and
other diseases spreading to landscaping located throughout the properties within the District. Streetlights also provide safety for
pedestrians and motorists living and owning property in the District during the nighttime hours, and to assign rights-of-way for the safety
of pedestrians and motorists by defining a specific path during all hours of the day.
Streets are constructed for the safe and convenient travel of vehicles and pedestrians. They also provide an area for underground and
overhead utilities. These elements are a distinct and special benefit to all developed parcels in the District. Streetlights are installed on
and are for street purposes and are maintained and serviced to allow the street to perform to the standards it was designed.
Streetlights are determined to be an integral part of “streets” as a “permanent public improvement.” One of the principal purposes of
fixed roadway lighting is to create a nighttime environment conducive to quick, accurate, and comfortable seeing for the user of the
facility. These factors, if attained, combine to improve traffic safety and achieve efficient traffic movement. Fixed lighting can enable the
motorist to see detail more distinctly and to react safely toward roadway and traffic conditions present on or near the roadway facility.
The system of streets within the District is established to provide access to each parcel in the District. Streetlights provide a safer street
environment for owners of the parcels served. If the parcels were not subdivided to provide individual parcels to owners within the
District, there would be no need for a system of streets with streetlights. Therefore, the installation of streetlights is for the express,
special benefit of the parcels within the District.
The proper maintenance of the landscaping, ornamental structures, and appurtenant facilities reduces property-related crimes
(especially vandalism) against properties in the District through the screening of properties within the District from arterial streets.
Finally, the proper maintenance of landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, and graffiti abatement, and
appurtenant structures improves the attractiveness of the properties within the District. This provides a positive visual experience each
and every time a trip is made to or from the property and provides an enhanced quality of life and sense of well-being for properties
within the District.
Because all benefiting properties consist of a uniform land use, it is determined that all lots or parcels benefit equally from the
improvements and the costs and expenses for the provision of electricity for the streetlights and traffic signals and the maintenance of
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, traffic signals, and bridge lights, and graffiti abatement are
apportioned on a per acre, per EDU (Equivalent Dwelling Unit), or per parcel basis.
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3. Method of Apportionment of Assessment Page | 8
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Based on the benefits described above, landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals,
and bridge lights, and graffiti abatement are an integral part of the quality of life of the District. This quality of life is a special benefit to
those parcels that are not government owned easements, utility easements, and flood channel parcels. Government owned easements,
utility easements, and flood channel parcels do not benefit from the improvements due to their use and lack of habitation on such
parcels. Parcels of this nature are usually vacant narrow strips of land or flood control channels and therefore do not generate or
experience pedestrian or vehicular traffic. Nor do these types of parcels support dwelling units or other structures that would promote
frequent use of the parcels by the traveling public. As a result of this lack of activity on such parcels they do not receive any benefit from
landscaping, multi-purpose trails, fencing, fossil filters, bio-swales, streetlights, traffic signals, and bridge lights, and graffiti abatement
and are not assessed.
General Benefit
The Benefit received by the parcels within the boundaries of the District is determined to be of more than ordinary public benefit, thus
each parcel within the District being assessed receives special benefit from the improvements. If the property not within the boundaries
of a District also receives some benefit from the improvements, consideration must then be given to a general benefit given by the
improvements, which may not be assessed to the parcels within the District. Since the installation and maintenance of the landscaping
and establishment of an assessment district for the maintenance of the landscaping is specific and incidental to this development, it is
further determined that the improvements to be maintained by the assessment district are of special benefit to the district only and are
100% assessable to the parcels within the boundaries of the assessment district, except as follows:
1. Areas of maintenance that front on major arterial streets, as determined by the Circulation Plan of the City’s General Plan,
are determined to be 15% general benefit and the proportional costs thereof are not assessable to the District.
2. Areas of maintenance that front on secondary arterial streets, as determined by the Circulation Plan of the City’s General
Plan, are determined to be 10% general benefit and the proportional costs thereof are not assessable to the District.
3. Areas of maintenance that front on collector streets, as determined by the Circulation Plan of the City’s General Plan, are
determined to be 5% general benefit and the proportional costs thereof are not assessable to the District.
4. Areas that front on local streets are determined to be 100% special benefit and are 100% assessable to the District.
These percentages are based on the traffic circulation for the various street classifications.
Tippecanoe Avenue, Third Street, and Del Rosa Drive between Harry Sheppard Boulevard and Third Street are classified as major
arterial streets. Lena Road, Mill Street, and Harry Shepard Boulevard between Tippecanoe Avenue and Del Rosa Drive are classified
as secondary arterial streets. Rialto Avenue, Mountain View Avenue, Leland Norton Way, Harry Sheppard Boulevard between Del
Rosa Drive and Leland Norton Way are classified as collector streets.
Within Zone 1 the major arterial streets comprise 75.6%, the secondary arterial streets comprise 19.7%, and the collector streets
comprise 4.7% of the total areas of maintenance. Pursuant to the above determination of benefit, 15% of 75.6% plus 10% of 19.7%
plus 5% of 4.7% of the total cost of maintenance will not be assessed to Zone 1.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The percentage
of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then
multiplied by the derived factor from above (5%, 10% and 15%). The result is the General Benefit of 13.55% needed for Zone 1.
Within Zone 2 the major arterial streets comprise 21.3%, the secondary arterial streets comprise 78.7%, and the collector streets
comprise 0.0% of the total areas of maintenance. Pursuant to the above determination of benefit, 15% of 21.3% plus 10% of 78.7% of
the total cost of maintenance will not be assessed to Zone 2.
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The percentage
of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then
multiplied by the derived factor from above (5%, 10% and 15%). The result is the General Benefit of 11.07% needed for Zone 2.
Within Zone 3 the major arterial streets comprise 35.9%, the secondary arterial streets comprise 30.8%, and the collector streets
comprise 33.3% of the total areas of maintenance. Pursuant to the above determination of benefit, 15% of 35.9% plus 10% of 30.8%
plus 5% of 33.3 of the total cost of maintenance will not be assessed to Zone 3.
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3. Method of Apportionment of Assessment Page | 9
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
The General Benefit is calculated by taking the Area of General Benefit and dividing it by the total area to be maintained. The percentage
of total area of General Benefit is multiplied by the total area maintenance costs. The total cost of a General Benefit area is then
multiplied by the derived factor from above (5%, 10% and 15%). The result is the General Benefit of 10.13% needed for Zone 3.
Publicly owned lands within the Assessment District, if any, are subject to assessments, unless they receive no benefit with the exception
of public right of way, which is not subject to assessments.
Method of Apportionment
The Assessment Law permits the establishment of assessment districts by agencies for the purpose of providing certain public
improvements, which include the construction, maintenance, and servicing of public lights, landscaping, dedicated easements for
landscape use, and appurtenant facilities. The Assessment Law further provides that assessments may be apportioned upon all
assessable lots or parcels of land within an assessment district in proportion to the estimated benefits to be received by each lot or
parcel from the improvements rather than assessed value.
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly
distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot
or parcel from the improvements.”
The formula used for calculating assessments reflects the composition of the parcels and the improvements and services provided by
the District to fairly apportion the costs based on the estimated benefit to each parcel.
In addition, Article XIII D of the California Constitution (the “Article”) requires that a parcel's assessment may not exceed the reasonable
cost of the proportional special benefit conferred on that parcel. The Article provides that only special benefits are assessable, and the
City must separate the general benefits from the special benefits conferred on a parcel. A special benefit is a particular and distinct
benefit over and above general benefits conferred on the public at large, including real property within the district. The general
enhancement of property value does not constitute a special benefit.
Landscaping and streetlighting and its proper maintenance enhances the esthetics of any given area. The benefit received by the
owners of properties in the area varies depending on which zone the property is located. The Assessment District is divided into three
zones. The San Bernardino International Airport provided special benefit to all three zones. Thus all three zones shall share a portion
of the maintenance cost for improvements located on such Airport properties. Timber Creek provides a special benefit to Zone 1 and 2
but provides no benefit to Zone 3. The maintenance cost for Timber Creek shall be shared proportionately by area between Zone 1 and
Zone 2 whereas Zone 3 shall not participate in any of the maintenance costs for Timber Creek.
Part I – Applicable to All Properties within the Assessment District:
Apportionment of assessments across the individual parcels is based on the area of each parcel in relation to the total area within each
respective zone or combination of zones as follows:
Where: Area “I” is the area of any of the individual parcels shown as an assessment number.
Area 1 is the summation of the areas of the participating parcels within Zone 1.
Area 2 is the summation of the areas of the participating parcels within Zone 2.
Area 3 is the summation of the areas of the participating parcels within Zone 3.
Zone 1 Owners: 0.9 (net cost Zone 1) * (Area “I” / Area 1) + (total cost Timber Creek) * {Area “I” / (Area 1 + Area 2)}
Zone 2 Owners: 0.05 (net cost Zone) * (Area “I” / (Area 2) + (net cost Zone 2) * (Area “I”/Area 2) + (total cost Timber Creek) * {Area “I”
/ (Area 1 + Area 2)}
Zone 3 Owners: 0.05 (net cost Zone 1) * (Area “I”/Area 3) + (total cost Zone 3) + (Area “I” / Area 3)
Part II – Applicable to Properties without a Default Assessment Agreement:
Within each Zone of the Assessment District the City shall undertake a separate accounting and calculation to be maintained as to
those properties which then have a Default Assessment Agreement in effect. On a Zone by Zone basis within the Assessment District,
the dollar amount of the City incurred costs for the maintenance of adjacent landscaping, exclusive of common area landscaping at
intersections and median strips and other monument sign areas, shall be calculated and spread on an acreage basis against all
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3. Method of Apportionment of Assessment Page | 10
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
properties within each zone that do not have then have a Default Assessment Agreement in effect. Such amount as calculated pursuant
to this Part II shall then be added to the amount calculated for all properties pursuant to Part I above placed on the tax bill only for those
properties that do not have a Default Assessment Agreement then in effect. Only properties having either a minimum street frontage of
400 feet or a minimum area of 2.25 acres are eligible to petition the City for a Default Assessment Agreement. The Part II formula is
below for Zone 1, Zone 2 and Zone 3 Owners:
(Cost of Adjacent Landscaping by Zone) / Acreage of Maintenance Areas properties without Default Assessment Agreement = Part II
assessment amount per Acre of Maintenance Areas
Benefit by Zone
Each of the assessable parcels within the District has been deemed to receive proportional special benefit from the maintenance and
operation of the improvements. The percentage change in allowable Fiscal Year 2020-21 assessment from the allowable Fiscal Year
2019-20 assessment is as follows:
Table 3-1
Maximum Assessment Rates
Zone
Estimated
Cost
FY 20-21
Max Assessment FY 19-20 Max Assessment FY 20-21 Allowable
Assessment
Rate Change
Actual Assessment FY 20-21
Common
Area/Acre
Adjacent
Area/Sq. Ft.
Common
Area/Acre
Adjacent
Area/Sq. Ft.
Common
Area/Acre
Adjacent
Area/Sq. Ft.
1 $29,960.10 $175.62 $3.55 $179.03 $3.62 1.94% $178.66 $0.00
2 $16,788.40 $119.92 $0.31 $122.25 $0.32 1.94% $109.31 $0.00
3 $9,109.03 $102.70 $0.31 $104.69 $0.32 1.94% $104.63 $0.00
Due to the nature of landscape maintenance; it is anticipated that there will be future increases in assessments as contract, labor, water
and energy costs are all subject to future increases. Annual increases may be increased without further notice or public hearing by a
percentage equal to the increase in the Consumer Price Index (CPI) for all Urban Consumers in the Los Angeles-Riverside-Orange
County area, published by the United States Department of Labor, Bureau of Labor Statistics over the previous year, or 5%, whichever
is less. The CPI is typically used for maintenance districts. The rate varies from year to year, but in no event will an increase, if needed,
exceed 5% without a majority approval of property owners in the district.
Whereas, the City Council of the City of San Bernardino, State of California, did, pursuant to the provisions of the Assessment Law,
adopted Resolution No. 2006-91 to initiate proceedings to form a special assessment district known and designated as:
Maintenance Assessment District No. 1022; and,
Whereas, the City Council, did direct the appointed engineer to prepare and file an annual report, in accordance with the Assessment
Law.
Whereas, Section 22567 of said Article 4 states the Report shall consist of the following;
a. Maintenance plans for the improvements
b. An estimate of the costs of the improvements
c. A diagram for the assessment district
d. An assessment of the estimated costs of the maintenance of the improvements
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3. Method of Apportionment of Assessment Page | 11
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Now, Therefore, I, the appointed ENGINEER, acting on behalf of the City of San Bernardino, pursuant to the Assessment Law, do
hereby submit the following:
1. Pursuant to the provisions of law the costs and expenses of the District have been assessed upon the parcels of land in the
District benefited thereby in direct proportion and relation to the estimated benefits to be received by each of said parcels. For
particulars as to the identification of said parcel, reference is made to the Assessment Diagram, a reduced copy of which is
included herein.
2. As required by law, a Diagram is filed herewith, showing the District, as well as the boundaries and dimensions of the respective
parcels and subdivisions of land within said District as the same exist each of which subdivisions of land or parcels or lots,
respectively, have been given a separate number upon said Diagram and in the Assessment Roll contained herein.
3. The separate numbers given the subdivisions and parcels of land, as shown on said Assessment Diagram and Assessment
Roll, correspond with the numbers assigned to each parcel by the San Bernardino County Assessor. Reference is made to the
County Assessment Roll for a description of the lots or parcels.
4. There are no parcels or lots within MAD No. 1022 that are owned by a federal, state or other local governmental agency that
will benefit from the services to be provided by the assessments to be collected.
The City requested Spicer Consulting Group, LLC, to prepare and file an Engineer’s Report for Maintenance Assessment District No.
1022 pursuant to the Assessment Law presenting plans and specifications describing the general nature, location and extent of the
improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for MAD No.
1022 for the referenced Fiscal Year, a diagram for the District showing the area and properties to be assessed, and an assessment of
the estimated costs of the maintenance, operations and servicing the improvements, assessing the net amount upon all assessable lots
and-or parcels within the District in proportion to the special benefit received.
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3. Method of Apportionment of Assessment Page | 12
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
Executed this day of 2020.
FRANCISCO MARTINEZ JR
PROFESSIONAL CIVIL ENGINEER NO. 84640
ENGINEER OF WORK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was filed with me on the _______ day of ____________, 2020. By Adoption of Resolution No. _______ by the City Council.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
I HEREBY CERTIFY that the enclosed Engineer’s Report, together with the Assessment Roll and Assessment Diagram thereto
attached, was approved and confirmed by the City Council of the City of San Bernardino, California, on the _____day of
___________, 2020.
CITY CLERK
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
15th July
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4. Assessment Diagram Page | 13
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
A reduced copy of the Assessment Diagram is filed herewith, are incorporated by reference in Appendix B herein, and made part of this
Report.
If any parcel submitted for collection is identified by the County Auditor-Controller to be an invalid parcel number for the current fiscal
year, a corrected parcel number and/or new parcel number will be identified and resubmitted to the County Auditor/Controller. The
assessment amount to be levied and collected for the resubmitted parcel or parcels shall be based on the method of apportionment
and assessment rate approved in this Report. Therefore, if a single parcel has changed to multiple parcels, the assessment amount
applied to each of the new parcels shall be recalculated and applied according to the approved method of apportionment and
assessment rate rather than a proportionate share of the original assessment.
Information identified on these maps was received from several sources including the owner/developer, City of San Bernardino, and
the San Bernardino County Assessor’s Office.
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5. Assessment Rolls Page | 14
City of San Bernardino
Engineer’s Report AD No. 1022 Zones 1, 2 and 3
Fiscal Year 2020-21
The actual amount of the assessment for the Fiscal Year 2020-21 apportioned to each parcel as shown on the latest equalized roll at
the County Assessor’s office are listed in Appendix A of this Report. The description of each lot or parcel is part of the records of the
County Assessor of the County of San Bernardino and such records are, by reference, made part of this Report.
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APPENDIX A
Assessment Rolls
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CC30 SP04 - AD 1022 Zone 1
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0136-341-11 $141.04 0136-341-43 $873.18 0136-341-72 $15,461.52
0136-341-13 $619.94 0136-341-50 $328.36 0136-341-80 $3,227.82
0136-341-21 $218.24 0136-341-65 $5,843.26 0136-341-82 $802.50
0136-341-42 $2,054.66 0136-341-68 $160.72 0136-541-01 $228.76
Totals Parcels 12 Levy $29,960.00
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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CC30 SP05 - AD 1022 Zone 2
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0136-341-84 $5,417.58 0136-341-87 $2,571.86 0136-391-29 $150.66
0136-341-85 $1,117.14 0136-341-88 $6,126.32 0136-391-30 $146.92
0136-341-86 $985.28 0136-391-10 $272.58
Totals Parcels 8 Levy $16,788.34
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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CC30 SP08 - AD 1022 Zone 3
Fiscal Year 2020-21
APN Levy APN Levy APN Levy
0136-351-01 $1,818.20 0280-091-20 $78.86 0280-091-66 $329.08
0136-351-12 $1,842.74 0280-091-23 $77.34 0280-091-67 $54.54
0136-351-16 $1,753.64 0280-091-26 $91.92 0280-091-68 $45.44
0136-351-17 $558.18 0280-091-27 $605.76 0280-091-69 $63.62
0136-351-18 $441.82 0280-091-28 $256.64 0280-091-70 $161.82
0136-351-19 $913.64 0280-091-29 $15.64
Totals Parcels 17 Levy $9,108.88
Assessment Roll
Page 1 of 1 City of San Bernardino
Engineer's Report
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APPENDIX B
Assessment Diagram
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LENARD3 RD STCENTRAL AVE
C
OU
N
T
YRDRIALTO AVE
DELROSADRMILL ST
TIPPECANOE AVE0 600 1,200300FeetCITY OF SAN BERNARDINOASSESSMENT DIAGRAM
MAINTENANCE ASSESSMENT DISTRICT NO. 1022
Ê
Landscaping 117,407 sq. ft.Adjacent 182,146 sq. ft.Timber Creek
Zone 1
Zone 1
Zone 2
Zone 3
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Cheryl Weeks, Council Administrative Supervisor
Subject: Approved Minutes of the May and June 2020 City Board,
Commission, and Citizen Advisory Committee
Recommendation
Receive and file the approved minutes of the May and June 2020 City Board,
Commission, and Citizen Advisory Committee meetings.
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 board, commission and citizen advisory committee
meetings approved in the month of May and June 2020 are presented for review by the
Mayor and City Council including the:
1. Planning Commission - May 19, 2020; June 9, 2020
2. Water Board - May 26, 2020; June 9, 2020
2020-2025 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 by building a
culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
Conclusion
Receive and file the approved minutes of the May and June 2020 City Board,
Commission, and Citizen Advisory Committee meetings.
Attachments
Attachment 1 Approved minutes of the May and June 2020 City Board,
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Commission, and Citizen Advisory Committee meetings; Exhibit A -
Planning Commission-May 19, 2020; Exhibit “B” - Water Board-May
26, 2020; June 9, 2020
Ward: All
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Gary Saenz, City Attorney
Subject: Resolution to Authorize City Manager to Execute
Amendments to Legal Services Agreements
Recommendation
Adopt Resolution No. 2020-177 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the City Manager to Execute Amendments to Legal
Services Agreements with: (1) Lynberg & Watkins, APC; (2) Carpenter, Rothans &
Dumont LLP; and (3) Atkinson, Andelson, Loya, Ruud & Romo.
Background
On July 5, 2019, the City entered into an agreement with Lynberg & Watkins to provide
legal services in relation to the claims and subsequent lawsuits filed by former elected
City Attorney Gary Saenz and former elected City Clerk Gigi Hanna. In accordance with
the City's Municipal Code, the agreement was for an initial not -to-exceed amount of
$50,000. Pursuant to Council action on January 15, 2020, the agreement was
amended to address the following additional matters: the appeal of the court's decision
on the original case, any new lawsuits filed in relation to the tort claims dated July 24,
2019, and any supplemental matters. The amendment granted an additional $25,000 to
address the case. While the initial case and the appeal have been concluded, the case
relating to the tort claims remains active.
On January 13, 2020, the City entered into an agreement with Carpenter, Ro thans &
Dumont LLP to provide legal services in relation to the San Bernardino Superior Court
case captioned M.H., by and through G.A.L. Nakitta Yuong v. City of San Bernardino
(CIVDS 1936459). In accordance with the City's Municipal Code, the agreement was
for an initial not to exceed amount of $50,000. The case remains active.
On September 17, 2019, the City entered into an agreement with Atkinson, Andelson,
Loya, Ruud & Romo for legal services in relation to the claim and subsequent lawsuit
filed by former City Manager Andrea Miller (CIVDS 1926878). In accordance with the
City's Municipal Code, the agreement was for an initial not to exceed amount of
$50,000. The case has now settled. However, the cost of legal services totaled
$53,802.18.
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Discussion
From time-to-time, the City Attorney's Office utilizes qualified outside counsel to address
litigation against the City. In each of the above cases, outside counsel has represented
the City capably and efficiently. At this time, it is necessary t o increase the caps under
the agreements to permit continued representation of the City on these matters. The
proposed increases are as follows: (1) the Lynberg & Watkins, APC agreement is
proposed to be increased by $50,000.00; (2) the Carpenter, Rothan s & Dumont LLP
agreement is proposed to be increased by $100,000.00; and (3) the Atkinson,
Andelson, Loya, Ruud & Romo agreement is proposed to be increased by $3,802.18.
The City Attorney's Office has sufficient funds allocated for these purposes in its outside
legal services account for the Adopted Budgets for FY 2019/20 and FY 2020/21.
Continued representation is essential to protect the City's interests and avoid
unnecessary liability. In addition, utilizing the same attorneys provides efficiencies that
would be lost should the cases need to be transferred to different firms. For the
Atkinson Andelson agreement, the amendment permits the payment of the final balance
due for the above-referenced matter. It is good practice to pay consultants for wo rk
performed, particularly where, as here, the work performed was of high quality.
Atkinson Andelson will be assisting the City with the subsequently filed claims relating to
the settlement of the above-referenced matter.
2020-2025 Key Strategic Targets and Goals
The request for destruction of certain obsolete case files aligns with Key Target No. 6:
Operate in a fiscally responsible and business-like manner. Providing for continued
representation of the City in litigation by capable and qualified coun sel reduces liability
exposure of the City. Payment of outside counsel for work performed ensures the City
has access to the most qualified and capable firms available.
Fiscal Impact
For the amendments to the agreements with Lynberg & Watkins and Carpe nter,
Rothans & Dumont LLP, the fiscal impact is $150,000. There is sufficient funding in the
FY 2019/20 and FY 2020/21 Adopted Budgets in account number 001 -050-0005-5503
to cover this.
For the amendment to the agreement with Atkinson, Andelson, Loya, Ruud & Romo, the
fiscal impact is $3,802.18. There is sufficient funding in the FY 2019/20 Adopted
Budget in account number 001-050-0005-5503 to cover this.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-177, authorizing the City Manager to Execute
Amendments to Legal Services Agreements with: (1) Lynberg & Watkins, APC; (2)
Carpenter, Rothans & Dumont LLP; and (3) Atkinson, Andelson, Loya, Ruud & Romo.
Attachments
Attachment 1 Resolution No. 2020-177; Exhibit “A” - Amendments
Attachment 2 Original Agreement with Lynberg & Watkins, APC
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Attachment 3 Amended Agreement with Lynberg & Watkins, APC
Attachment 4 Original Agreement with Carpenter, Rothans & Dumont
Attachment 5 Original Agreement with Atkinson, Andelson, Loya, Ruud & Romo
Ward: n/a
Synopsis of Previous Council Actions:
January 15, 2020 Mayor and City Council adopted Resolution No. 2020-20, approving
an amendment to the agreement with Lynberg & Watkins.
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Resolution No. 2020-177
RESOLUTION NO. 2020-177
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO EXECUTE
LEGAL SERVICES AGREEMENTS WITH: (1) LYNBERG
& WATKINS, APC; (2) CARPENTER, ROTHANS &
DUMONT LLP; AND (3) ATKINSON, ANDELSON, LOYA,
RUUD & ROMO
WHEREAS, the City has entered into legal services agreements to handle litigation with:
(1) Lynberg & Watkins, APC; (2) Carpenter, Rothans & Dumont LLP; and (3) Atkinson,
Andelson, Loya, Ruud & Romo ; and
WHEREAS, these agreements now require amendment to either provide for continued
representation of the City in the litigation or to ensure that the legal consultants are appropriately
compensated for the work performed.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to execute amendments to the
following legal services agreements in the form attached hereto as Exhibit A to increase the not -
to-exceed caps as follows: (1) Lynberg & Watkins, APC – to be increased by $50,000.00; (2)
Carpenter, Rothans & Dumont LLP – to be increased by $100,000.00; and (3) Atkinson,
Andelson, Loya, Ruud & Romo – to be increased by $3,802.18.
SECTION 3. 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 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 Acting City Clerk this ___ day of __________ 2020.
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Resolution No. 2020-177
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
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Resolution No. 2020-177
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
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SECOND AMENDMENT TO RETENTION AGREEMENT BETWEEN THE CITY OF
SAN BERNARDINO AND LYNBERG & WATKINS, APC
This Second Amendment (“Second Amendment”) is entered into by and between the City of San
Bernardino , a charter city organized under the laws of the State of California (hereinafter the
“City”), and Lynberg & Watkins, APC (hereinafter the “Firm”) as of July 15, 2020. City and
Firm are at times referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, City and Firm entered into the Retention Agreement dated July 5, 2019 for
the provision of legal services in connection with the San Bernardino Superior Court case Saenz
et al. v. City of San Bernardino City Council, et al. (CIVDS 1919509) (“Original Agreement”);
and
WHEREAS, City and Firm amended the Original Agreement by letter agreement on
February 26, 2020 to cover an appeal of the above case and the handling of a tort c laim and
related case (First Amendment); and
WHEREAS, City and Firm now wish to amend the Original Agreement , as amended, to
increase the not-to-exceed cap from $25,000.00 to $75,000.00.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the Parties agree as follows:
1. Not-To-Exceed Cap. The $25,000.00 not-to-exceed cap imposed on the new tort
claim and related case in the First Amendment is hereby increased to $75,000.00.
2. Effect on Other Provisions. All other provisions of the Original Agreement, as
amended by the First Amendment, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed the day and year first above written.
CITY FIRM
__________________________ __________________________
Teri Ledoux, City Manager S. Frank Harrell, Shareholder
10.b
Packet Pg. 685 Attachment: San Bernardino - LW Agreement Second Amendment-c1 (6822 : Resolution to Authorize City Manager to Execute Amendments to
FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND CARPENTER, ROTHANS &
DUMONT LLP
This First Amendment (“First Amendment”) is entered into by and between the City of San
Bernardino , a charter city organized under the laws of the State of California (hereinafter the
“City”), and Carpenter, Rothens & Dumont LLP (hereinafter the “Firm”) as of July 15, 2020.
City and Firm are at times referred to individually as “Party” and collectively as the “Parties.”
WHEREAS, City and Firm entered into Professional Services Agreement dated January
13, 2020 for the provision of legal services in connection with the San Bernardino Superior
Court case M.H., by and through G.A.L. Nakitta Yuong v. City of San Bernardino (CIVDS
1936459) (“Original Agreement”); and
WHEREAS, City and Firm now wish to amend the Original Agreement to increase the
not -to-exceed cap.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the Parties agree as follows:
1. Not-To-Exceed Cap. The $50,000.00 not-to-exceed cap identified in Section
4.b. of the Original Agreement is hereby increased to $150,000.00.
2. Effect on Other Provisions. All other provisions of the Original Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and year first above written.
CITY FIRM
__________________________ __________________________
Teri Ledoux, City Manager Steven J. Rothans, Managing Partner
10.c
Packet Pg. 686 Attachment: San Bernardino - CRD Agreement First Amendment-c1 (6822 : Resolution to Authorize City Manager to Execute Amendments to
FIRST AMENDMENT TO THE AGREEMENT TO RETAIN LEGAL SERVICES
BETWEEN THE CITY OF SAN BERNARDINO AND ATKINSON, ANDELSON, LOYA,
RUUD & ROMO
This First Amendment (“First Amendment”) is entered into by and between the City of San
Bernardino , a charter city organized under the laws of the State of California (hereinafter the
“City”), and Atkinson, Andelson, Loya, Ruud & Romo (hereinafter the “Firm”) as of July 15,
2020. City and Firm are at times referred to individually as “Party” and collectively as the
“Parties.”
WHEREAS, City and Firm entered into an Agreement to Retain Legal Services dated
September 17, 2019 for the provision of legal services in connection with the San Bernardino
Superior Court case Andrea Miller v. City of San Bernardino (CIVDS 1926878) (“Original
Agreement”); and
WHEREAS, City and Firm now wish to amend the Original Agreement to increase the
not -to-exceed cap.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein,
the Parties agree as follows:
1. Not-To-Exceed Cap. The $50,000.00 not-to-exceed cap identified on page 3 of
the Original Agreement in the section titled “Fees and Expenses” is hereby increased to
$53,802.18.
2. Effect on Other Provisions. All other provisions of the Original Agreement
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed the day and year first above written.
CITY FIRM
__________________________ __________________________
Teri Ledoux, City Manager Irma Rodriguez Moisa, Partner
10.d
Packet Pg. 687 Attachment: San Bernardino - AALRR Agreement First Amendment-c1 (6822 : Resolution to Authorize City Manager to Execute Amendments
10.e
Packet Pg. 688 Attachment: Attachment 2 - LW Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.e
Packet Pg. 689 Attachment: Attachment 2 - LW Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.e
Packet Pg. 690 Attachment: Attachment 2 - LW Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.f
Packet Pg. 691 Attachment: Attachment 3 - LW Amendment (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
03/11/2020
10.f
Packet Pg. 692 Attachment: Attachment 3 - LW Amendment (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.f
Packet Pg. 693 Attachment: Attachment 3 - LW Amendment (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 694 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 695 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 696 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 697 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 698 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 699 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 700 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 701 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 702 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 703 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 704 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 705 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 706 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.g
Packet Pg. 707 Attachment: Attachment 4 - CRD Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.h
Packet Pg. 708 Attachment: Attachment 5 - AALR Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.h
Packet Pg. 709 Attachment: Attachment 5 - AALR Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.h
Packet Pg. 710 Attachment: Attachment 5 - AALR Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.h
Packet Pg. 711 Attachment: Attachment 5 - AALR Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.h
Packet Pg. 712 Attachment: Attachment 5 - AALR Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
10.h
Packet Pg. 713 Attachment: Attachment 5 - AALR Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
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Packet Pg. 714 Attachment: Attachment 5 - AALR Agreement (6822 : Resolution to Authorize City Manager to Execute Amendments to Legal Services
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Resolution to Accept and Administer the 2020 COPS Hiring
Program Grant
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-167 to:
1. Authorize the City Manager to accept and administer the 2 020 Department of
Justice, Community Oriented Policing Services (COPS) Hiring Program Grant
(CHP) in the amount of $5,383,549 for the grant period July 1, 2020 through
June 30, 2023; and
2. Authorize the Director of Finance to amend the FY 2020/21 budget, appropriating
$1,658,701.33 in both revenue and expenditures; and
3. Authorize the Police Department to increase approved sworn staffing from 254 to
267 effective July 1, 2020.
Background
The Department of Justice, COPS Hiring Program (CHP) Grant, is i ntended to reduce
crime and promote public safety through community policing by providing support to law
enforcement agencies nationwide. The grant supports hiring law enforcement officers
to increase an agency's community policing and crime prevention capabilities.
On January 9, 2020, the Department of Justice released the FY 2020 COPS Hiring
Program (CHP) solicitation. The award provides funding for up to 75 percent of the
approved entry-level salary and fringe benefits of each newly hired or rehired f ull-time
sworn career law enforcement officer over the three year award period. There is a
minimum 25 percent local cash match requirement and a maximum federal share of
$125,000 per officer position unless otherwise waived. Funding from this program may
be used to:
Hire New Officers
Rehire Officers (laid off as a result of budget reductions)
Rehire Officers (at the time of application, currently scheduled to be laid off as a
11
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Page 2
result of budget reductions)
On March 9, 2020, the City submitted a CHP application requesting funding to hire 13
new police officers for three years. Based on the grant formula, the federal share was
calculated at $1,625,000, and the local match would have been $3,758,548.95. The City
requested a waiver of the local cash match based on severe fiscal distress.
On June 25, 2020, the City received notification that the Police Department was
awarded grant funding to hire 13 new officers, for three years, at a total of $5,383,549.
All local cash match funds were waived. The approved annual cost per officer is
available on the Financial Clearance Memorandum located in Attachment 2.
Discussion
In February 2019, the Mayor and City Council adopted Resolution 2019 -29,
restructuring the department to support a community-oriented policing model and
philosophy. Unfortunately, a budget deficit resulted in the Police Department
eliminating 13 police officer positions to help mitigate the budget shortage going into
Fiscal Year 2019/20.
The Police Department intends to use the grant funds to support the newly adopted
community-oriented policing model and reduce violent crime within the City. CHP Grant
funds may not be used to supplant local funds by paying for officers currently covered in
the adopted budget. To use the funds, the dep artment will need to increase the number
of authorized police officers from 254 to 267. Grant funding will replace the 13 police
officer positions eliminated during Fiscal Year 2019/20, help promote community
policing efforts, and reduce gun violence and violent crime.
The grant period is July 1, 2020 through June 30, 2023. Staff anticipates the availability
of eligible police officer candidates as early as July 2, 2020. Staff is requesting
authorization to expend CHP grant funds as early as July 1, 2020.
2020-2025 Key Strategic Targets and Goals
The request to authorize the receipt, obligation and expenditure of the 2020 Department
of Justice, Community Oriented Policing Services (COPS) Hiring Program Grant aligns
with Key Target No. 1: Financial Stability: Implement, maintain, and update a fiscal
accountability plan.
Fiscal Impact
The fiscal impact to the City for FY 2020/21 is $1,658,701.33. There is no fund
matching requirement from the General Fund with this grant. Staff is requesting a
budget amendment increasing both revenue and expenditures in the FY 2020/21
Adopted Budget. Grant funds will be appropriated for Fiscal Years 2021/22 and
2022/23 in the annual budget adoption process.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-167:
11
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Page 3
1. Authorizing the City Manager to accept and administer the 2020 Department of
Justice, Community Oriented Policing Services (COPS) Hiring Program Grant
(CHP) in the amount of $5,383,549 for the grant period July 1, 2020 through
June 30, 2023; and
2. Authorizing the Director of Finance to amend the FY 2020/21 budget,
appropriating $1,658,701.33 in both revenue and expenditures; and
3. Authorizing the Police Department to increase approved sworn staffing from 254
to 267 effective July 1, 2020.
Attachments
Attachment 1 Resolution
Attachment 2 Award Documents
Ward: All
Synopsis of Previous Council Actions:
September 6, 2017 Mayor and City Council adopted Resolution No. 2017-169
authorizing acceptance and administration of the 2017 COPS
Hiring grant to hire 12 new police officers. (Grant was not
awarded).
October 10, 2016 Mayor and City Council adopted Resolution No. 2016-210, ratifying
the submittal of a Law Enforcement Hiring Grant from the
Department of Justice Community Oriented Policing Services and
authorizing the Police Department to accept and administer the
grant. (Grant awarded to fund 11 new police officers).
April 6, 2009 Mayor and City Council adopted Resolution No. 2009-74 ratifying
an application for the 2009 COPS Hiring (ARRA) grant to hire 22
new police officers. (Grant awarded to fund 16 police officers).
11
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RESOLUTION NO. 2020-167
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
2020 DEPARTMENT OF JUSTICE, COMMUNITY
ORIENTED POLICING SERVICES (COPS) GRANT;
AUTHORIZING THE DIRECTOR OF FINANCE TO
AMEND THE FY 2020/21 BUDGET APPROPRIATING
$1,658,701.33 IN BOTH REVENUE AND EXPENDITURES;
AND AUTHORIZING THE POLICE DEPARTMENT TO
INCREASE SWORN STAFFING FROM 254 TO 267
WHEREAS, the City of San Bernardino has been awarded the 2020 Department of
Justice, Community Oriented Policing Services (COPS) Hiring Program Grant in the amount of
$5,383,549; and
WHEREAS, the City will use the funding to help promote community policing efforts
and reduce gun violence and violent crime.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to accept the 2020 Department of
Justice, Community Oriented Policing Services (COPS) Hiring Program Grant in the amount of
$5,383,549 for the grant period July 1, 2020 through June 30, 2023.
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21
Adopted Budget, appropriating $1,658,701.33 in both revenue and expenditure.
SECTION 4. The Police Department is hereby authorized to increase sworn staffing
from 254 to 267 effective July 1, 2020.
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the a ctivity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
11.a
Packet Pg. 718 Attachment: PD-Accept 2020 CHP Grant-Reso (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Resolution No. 2020-167
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
11.a
Packet Pg. 719 Attachment: PD-Accept 2020 CHP Grant-Reso (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Resolution No. 2020-167
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
11.a
Packet Pg. 720 Attachment: PD-Accept 2020 CHP Grant-Reso (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
June 25, 2020
Chief of Police Eric McBride
City Manager Teri Ledoux
San Bernardino Police Department
710 North D Street
San Bernardino, CA 92401
Re: COPS Hiring Program award number 2020ULWX0011
ORI CA03610
Dear Chief of Police McBride and City Manager Ledoux:
Congratulations on your agency's award for 13 officer position(s) and $5,383,549.00 in federal funds
over a three-year award period under the 2020 COPS Hiring Program (CHP). The local cash match
required for this award will be $0.00. Your agency may use CHP award funding to (1) hire new officers,
(2) rehire officers who have been laid off, or (3) are scheduled to be laid off on a specific future date, as
a result of local budget reductions, on or after the official award start date. Please note that any changes
to the awarded hiring categories require an official review and approval by the COPS Office.
A list of conditions that apply to your award is included on your Award Document and Award
Document Supplement, if applicable. A limited number of agencies may be subject to an Additional
Award Notification as a result of an ongoing federal civil rights investigation, other award review, or
audit of your agency by the Department of Justice. If applicable to your agency, the Additional Award
Notification is included at the end of this letter and is incorporated by reference as part of this letter. In
addition, a limited number of agencies may be subject to Special Conditions as a result of high risk
designation or other unique circumstances. If applicable to your agency, these Special Conditions will be
found in an Award Document Supplement in your award package. You should read and familiarize
yourself with these conditions. To officially accept your award, the Award Document (including
the conditions and special conditions, if applicable) must be signed electronically via the
Account Access link on the COPS Office website at www.cops.usdoj.gov within 45 days from
the date of this letter.
The official start date of your award is 07/01/2020. Therefore, you can be reimbursed for allowable and
approved expenditures made on or after this date. Please carefully review the Financial Clearance
Memorandum (FCM) included in your award package to determine your approved budget, as some of
your requested items may not have been approved by the COPS Office during the budget review
process and award funds may only be used for approved items. The FCM will specify the final award
amount and will also identify any disallowed costs.
11.b
Packet Pg. 721 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Supplemental online award information for 2020 COPS CHP recipients can be found on the CHP
Program page at https://cops.usdoj.gov/chp-award. We strongly encourage you to visit this site
immediately to access a variety of important and helpful documents that will assist you with the
implementation of your award including the 2020 CHP Award Owner’s Manual, which specifies the
programmatic and financial terms, conditions, and requirements of your award. In addition, the above
website link includes the forms and instructions necessary to begin drawing down funds for your award.
Please also ensure that you print out a copy of your application and maintain it with your award file
records.
Once again, congratulations on your 2020 CHP award. If you have any questions about your award,
please do not hesitate to call your Grant Program Specialist through the COPS Office Response Center
at 800-421-6770.
Phillip E. Keith, Director Date: 06/24/2020
Additional Award Notification
ORI CA03610 - Award 2020ULWX0011 - Award Letter 2020 - CHP - Page 2 of 2
11.b
Packet Pg. 722 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Award Document
COPS Office COPS Hiring Program (CHP)
CFDA - 16.710 - Public Safety Partnership and Community Policing Grants
Treasury Account Symbol (TAS) 15X0406
Award Number: 2020ULWX0011
ORI Number: CA03610
OJP Vendor Number: 956000772
DUNS Number: 8053492060000
Applicant Organization's Legal Name: San Bernardino Police Department
Applicant's System for Award Management (SAM) name: San Bernardino, California, City Of
Law Enforcement Executive / Agency Executive: Chief of Police Eric McBride
Government Executive / Financial Official: City Manager Teri Ledoux
Award Start Date: 07/01/2020
Award End Date: 06/30/2023
Award Amount: $5,383,549.00
Full-Time Officers Funded: 13
New Hires: 13 Rehires Previously Laid Off: 0 Rehires Scheduled for Lay Off: 0
The FY 2020 COPS Hiring Program (CHP) award provides funding to law enforcement agencies to hire and/or rehire career law
enforcement officers in an effort to increase their community policing capacity and crime prevention efforts. CHP awards provide
up to 75 percent of the approved entry-level salaries and fringe benefits of full-time officers for a 36-month award period, with a
minimum 25 percent local cash match requirement and a maximum federal share of $125,000 per officer position.
The Financial Clearance Memorandum (FCM) and, if applicable, the Cooperative Agreement included in your award package are
incorporated by reference in their entirety and shall become part of this Award Document. By signing this Award Document, the
recipient agrees to abide by all FY 2020 Community Policing Development Program (CHP) Award Terms and Conditions; the
approved budget in the FCM; if applicable, all requirements in the Cooperative Agreement; and, if applicable, the Special Award
Conditions and/or High Risk Conditions in the Award Document Supplement.
Phillip E. Keith, Director Date: 06/24/2020
(Signature Pending)(Date Pending)
Signature of the Program Official with the Authority to Accept
this Grant Award
Date
(Signature Pending)(Date Pending)
11.b
Packet Pg. 723 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Signature of the Financial Official with the Authority to Accept
this Grant Award
Date
False statements or claims made in connection with COPS office awards may result in fines, imprisonment, debarment from
participating in federal awards or contracts, and/or any remedy available by law to the Federal Government.
ORI CA03610 - Award 2020ULWX0011 - Award Document 2020 - CHP - Page 2 of 2
11.b
Packet Pg. 724 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
U.S. Department of Justice
Office of Community Oriented Policing Services
2020 COPS Hiring Program
Award Terms and Conditions
By signing the Award Document to accept this COPS Hiring Program award, your agency agrees to abide by the
following award terms and conditions:
1. Award Owner’s Manual
The recipient agrees to comply with the terms and conditions in the applicable 2020 COPS Office Program Award
Owner's Manual; COPS Office statute (34 U.S.C. § 10381, et seq.) ; the requirements of 2 C.F.R. Part 200 (Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) as adopted by the U.S.
Department of Justice in 2 C.F.R. § 2800.101; 48 C.F.R. Part 31 (FAR Part 31) as applicable (Contract Cost Principles
and Procedures); the Cooperative Agreement as applicable; representations made in the application; and all other
applicable program requirements, laws, orders, regulations, or circulars.
2. Assurances and Certifications
The recipient acknowledges its agreement to comply with the Assurances and Certifications forms that were signed
as part of its application.
3. Allowable Costs
The funding under this project is for the payment of approved full-time entry-level salaries and fringe benefits over
three years (for a total of 36 months of funding) up to a maximum federal share of $125,000 per officer position for
career law enforcement officer positions hired and/or rehired on or after the official award start date. Any salary and
fringe benefit costs higher than entry-level that your agency pays a CHP-funded officer must be paid with local
funds.
Your agency is required to use CHP award funds for the specific hiring categories awarded. Funding under this
program may be used for the following categories:
Hiring new officers, which includes filling existing officer vacancies that are no longer funded in your
agency’s budget;
Rehiring officers laid off by any jurisdiction as a result of state, local, or Bureau of Indian Affairs (BIA)
budget reductions; and/or
Rehiring officers who were, at the time of award application, scheduled to be laid off (by your jurisdiction) on
a specific future date as a result of state, local, or BIA budget reductions
If your agency’s local fiscal conditions have changed and your agency needs to change one or more of the funded
hiring categories, your agency should request an award modification and receive prior approval before spending CHP
funding under the new category.
The Financial Clearance Memorandum (FCM), included in your award package, specifies the amount of CHP funds
awarded to your agency. You should carefully review your FCM, which contains the final officer salary and fringe
benefit categories and amounts for which your agency was approved. Please note that the salary and fringe benefit
costs requested in your CHP application may have been adjusted or removed. Your agency may only be reimbursed
ORI CA03610 - Award 2020ULWX0011 - Award Terms and Conditions 2020 - CHP - Page 1 of 16
11.b
Packet Pg. 725 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
for the approved cost categories that are documented within the FCM, up to the amounts specified in the FCM. Your
agency may not use CHP funds for any costs that are not identified as allowable in the Financial Clearance
Memorandum.
Only actual allowable costs incurred during the award period will be eligible for reimbursement and drawdown. If your
agency experiences any cost savings over the course of the award (for example, your award application
overestimated the total entry-level officer salary and fringe benefits package), your agency may not use that excess
funding to extend the length of the award beyond 36 months. Any funds remaining after your agency has drawn
down for the costs of approved salaries and fringe benefits incurred for each awarded position during the 36-month
funding period will be deobligated during the closeout process and should not be spent by your agency.
4. Supplementing, Not Supplanting
State, local, and tribal governments must use award funds to supplement, and not supplant, state, local, or Bureau of
Indian Affairs (BIA) funds that are already committed or otherwise would have been committed for award purposes
(hiring, training, purchases, and/or activities) during the award period. In other words, state, local, and tribal
government recipients may not use COPS Office funds to supplant (replace) state, local, or BIA funds that would
have been dedicated to the COPS Office-funded item(s) in the absence of the COPS Office award. 34 U.S.C. §
10384(a).
5. Extensions
Your agency may request an extension of the award period to receive additional time to implement your award
program. Such extensions do not provide additional funding. Awards may be extended a maximum of 36 months
beyond the initial award expiration date. Any request for an extension beyond 36 months will be evaluated on a case-
by-case basis. Only those recipients that can provide a reasonable justification for delays will be granted no-cost
extensions. Reasonable justifications may include difficulties in filling COPS Office-funded positions, officer turnover,
or other circumstances that interrupt the 36 month award funding period. An extension allows your agency to
compensate for such delays by providing additional time to complete the full 36 months of funding for each position
awarded. Extension requests must be received prior to the end date of the award.
6. Modifications
Occasionally, a change in an agency’s fiscal or law enforcement situation necessitates a change in its COPS Office
CHP award. Award modifications under CHP are evaluated on a case-by-case basis in accordance with 2 C.F.R. §
200.308. For federal awards in excess of $250,000, any modification request involving the reallocation of funding
between budget categories that exceed or are expected to exceed 10 percent (10%) of the total approved budget
requires prior written approval by the COPS Office. Regardless of the federal award amount or budget modification
percentage, any reallocation of funding is limited to approved budget categories. In addition, any budget
modification that changes the scope of the project requires prior written approval by the COPS Office. In addition,
please be aware that the COPS Office will not approve any modification request that results in an increase of federal
funds.
In addition, modification requests should be submitted to the COPS Office when an agency determines that it will
need to shift officer positions awarded in one hiring category into a different hiring category and/or reduce the total
number of positions awarded. For example, if an agency was awarded CHP funding for two new, additional sworn
officer positions, but due to fiscal distress/constraints the agency needs to change the hiring category from the new
hire category to the rehire category for officers laid off or scheduled for layoff on a specific future date post-
application, the agency would have to request a modification. The COPS Office will only consider a modification
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request after an agency makes final, approved budget and/or personnel decisions. An agency may implement the
modified award following written approval from the COPS Office. Please be aware that the COPS Office will not
approve any modification request that results in an increase of federal funds.
7. Evaluations
The COPS Office may conduct monitoring or sponsor national evaluations of its award programs. The recipient
agrees to cooperate with the monitors and evaluators 34 U.S.C. § 10385(b).
8. Reports/Performance Goals
To assist the COPS Office in monitoring and tracking the performance of your award, your agency will be responsible
for submitting semi-annual programmatic progress reports that describe project activities during the reporting period
and quarterly Federal Financial Reports using Standard Form 425 (SF-425). 2 C.F.R. §§ 200.327 - 200.328. The progress
report is used to track your agency’s progress toward implementing community policing strategies and to collect data
to gauge the effectiveness of increasing your agency’s community policing capacity through COPS Office funding.
The Federal Financial Report is used to track the expenditures of the recipient’s award funds on a cumulative basis
throughout the life of the award.
9. Award Monitoring Activities
Federal law requires that law enforcement agencies receiving federal funding from the COPS Office must be monitored
to ensure compliance with their award conditions and other applicable statutes and regulations. The COPS Office is
also interested in tracking the progress of our programs and the advancement of community policing. Both aspects of
award implementation—compliance and programmatic benefits—are part of the monitoring process coordinated by
the U.S. Department of Justice. Award monitoring activities conducted by the COPS Office include site visits,
enhanced office-based grant reviews, alleged noncompliance reviews, financial and programmatic reporting, and
audit resolution. As a COPS Office award recipient, you agree to cooperate with and respond to any requests for
information pertaining to your award. This includes all financial records, such as general accounting ledgers and all
supporting documents. All information pertinent to the implementation of the award is subject to agency review
throughout the life of the award, during the close-out process and for three-years after the submission of the final
expenditure report. 34 U.S.C. § 10385(a) and 2 C.F.R. §§ 200.333 & 200.336.
10. Federal Civil Rights
The Applicant understands that the federal statutes and regulations applicable to the award (if any) made by the
Department based on the application specifically include statutes and regulations pertaining to civil rights and
nondiscrimination, and, in addition —
a. the Applicant understands that the applicable statutes pertaining to civil rights will include section 601 of the
Civil Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794);
section 901 of the Education Amendments of 1972 (20 U.S.C. § 1681); and section 303 of the Age
Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes pertaining to nondiscrimination may include section
809(c) of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. § 10228(c)); section
1407(e) of the Victims of Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the Juvenile Justice and
Delinquency Prevention Act of 2002 (34 U.S.C. § 11182(b)); and that the grant condition set out at section
40002(b)(13) of the Violence Against Women Act (34 U.S.C. § 12291(b)(13)), which will apply to all awards
made by the Office on Violence Against Women, also may apply to an award made otherwise;
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c. the Applicant understands that it must require any subrecipient to comply with all such applicable statutes
(and associated regulations); and
d. on behalf of the Applicant, I make the specific assurances set out in 28 C.F.R. §§ 42.105 and 42.204.
The Applicant also understands that (in addition to any applicable program-specific regulations and to applicable
federal regulations that pertain to civil rights and nondiscrimination) the federal regulations applicable to the award (if
any) made by the Department based on the application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ
"Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality - research and statistical information), 23
(criminal intelligence systems), 38 (regarding faith-based or religious organizations participating in federal financial
assistance programs), and 46 (human subjects protection).
11. Equal Employment Opportunity Plan (EEOP)
All recipients of funding from the COPS Office must comply with the federal regulations pertaining to the
development and implementation of an Equal Employment Opportunity Plan (28 C.F.R. Part 42 subpart E).
12. False Statements
False statements or claims made in connection with COPS Office awards may result in fines, imprisonment, debarment
from participating in federal awards or contracts, and/or any other remedy available by law.
13. Duplicative Funding
The recipient understands and agrees to notify the COPS Office if it receives, from any other source, funding for the
same item or service also funded under this award.
14. Additional High-Risk Recipient Requirements
The recipient agrees to comply with any additional requirements that may be imposed during the award performance
period if the awarding agency determines that the recipient is a high-risk recipient (2 C.F.R. § 200.207).
15. System for Award Management (SAM) and Universal Identifier Requirements
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 25, Appendix A to Part 25 – Award
Term:
I. System for Award Management and Universal Identifier Requirements
A. Requirement for System for Award Management
Unless you are exempted from this requirement under 2 C.F.R. § 25.110, you as the recipient
must maintain the currency of your information in the SAM until you submit the final financial
report required under this award or receive the final payment, whichever is later. This requires
that you review and update the information at least annually after the initial registration, and
more frequently if required by changes in your information or another award term.
B. Requirement for unique entity identifier
If you are authorized to make subawards under this award, you:
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1. Must notify potential subrecipients that no entity (see definition in paragraph C of
this award term) may receive a subaward from you unless the entity has provided its
unique entity identifier to you.
2. May not make a subaward to an entity unless the entity has provided its unique
entity identifier to you.
C. Definitions
For purposes of this award term:
1. System for Award Management (SAM) means the Federal repository into which an
entity must provide information required for the conduct of business as a recipient.
Additional information about registration procedures may be found at the SAM Internet
site (currently at https://www.sam.gov).
2. Unique entity identifier means the identifier required for SAM registration to
uniquely identify business entities.
3. Entity, as it is used in this award term, means all of the following, as defined at
2 C.F.R. Part 25, subpart C:
a. A Governmental organization, which is a State, local government, or Indian Tribe;
b. A foreign public entity;
c. A domestic or foreign nonprofit organization;
d. A domestic or foreign for-profit organization; and
e. A Federal agency, but only as a subrecipient under an award or subaward to a non-Federal
entity.
4. Subaward:
a. This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this award
and that you as the recipient award to an eligible subrecipient.
b. The term does not include your procurement of property and services needed
tocarry out the project or program (for further explanation, see 2 C.F.R. § 200.330).
c. A subaward may be provided through any legal agreement, including an
agreement that you consider a contract.
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5. Subrecipient means an entity that:
a. Receives a subaward from you under this award; and
b. Is accountable to you for the use of the Federal funds provided by the subaward.
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16. Reporting Subawards and Executive Compensation
The recipient agrees to comply with the following requirements of 2 C.F.R. Part 170, Appendix A to Part 170 – Award
Term:
I. Reporting Subawards and Executive Compensation.
a. Reporting of first-tier subawards.
1. Applicability.
Unless you are exempt as provided in paragraph d. of this award term, you must report each
action that obligates $25,000 or more in Federal funds that does not include Recovery funds
(as defined in section 1512(a)(2) of the American Recovery and Reinvestment Act of 2009,
Pub. L. 111-5) for a subaward to an entity (see definitions in paragraph e. of this award term).
2. Where and when to report.
i. You must report each obligating action described in paragraph a.1. of this award term to
https://www.fsrs.gov.
ii. For subaward information, report no later than the end of the month following
the month in which the obligation was made. (For example, if the obligation was
made on November 7, 2010, the obligation must be reported by no later than
December 31, 2010.)
3. What to report.
You must report the information about each obligating action that the submission
instructions posted at https://www.fsrs.gov specify.
b. Reporting Total Compensation of Recipient Executives.
1. Applicability and what to report. You must report total compensation for each of
your five most highly compensated executives for the preceding completed fiscal
year, if —
i. the total Federal funding authorized to date under this award is $25,000 or more;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and
subawards); and
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(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts) and Federal financial assistance subject to the
Transparency Act, as defined at 2 C.F.R. § 170.320 (and subawards); and
iii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings at https://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report executive total compensation
described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov .
ii. By the end of the month following the month in which this award is made,
and annually thereafter.
c. Reporting of Total Compensation of Subrecipient Executives.
1. Applicability and what to report. Unless you are exempt as provided in paragraph d.
of this award term, for each first-tier subrecipient under this award, you shall report the
names and total compensation of each of the subrecipient's five most highly
compensated executives for the subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received—
(A) 80 percent or more of its annual gross revenues from Federal
procurement contracts (and subcontracts) and Federal financial assistance
subject to the Transparency Act, as defined at 2 C.F.R. § 170.320 (and
subawards); and
(B) $25,000,000 or more in annual gross revenues from Federal procurement
contracts (and subcontracts), and Federal financial assistance subject to the
Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the
executives through periodic reports filed under section 13(a) or 15(d) of the
Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the
Internal Revenue Code of 1986. (To determine if the public has access to the
compensation information, see the U.S. Security and Exchange Commission total
compensation filings at https://www.sec.gov/answers/execomp.htm.)
2. Where and when to report. You must report subrecipient executive total
compensation described in paragraph c.1. of this award term:
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i. To the recipient.
ii. By the end of the month following the month during which you make the
subaward. For example, if a subaward is obligated on any date during the month of
October of a given year (i.e., between October 1 and 31), you must report any
required compensation information of the subrecipient by November 30 of that
year.
d. Exemptions
If, in the previous tax year, you had gross income, from all sources, under $300,000, you are
exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any
subrecipient.
e. Definitions. For purposes of this award term:
1. Entity means all of the following, as defined in 2 C.F.R. Part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe;
ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization;
iv. A domestic or foreign for-profit organization;
v. A Federal agency, but only as a subrecipient under an award or subaward to a
non-Federal entity.
2. Executive means officers, managing partners, or any other employees in management
positions.
3. Subaward:
i. This term means a legal instrument to provide support for the performance of
any portion of the substantive project or program for which you received this
award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed
to carry out the project or program (for further explanation, see Sec._.210 of the
attachment to OMB Circular A-133, “Audits of States, Local Governments, and
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Non-Profit Organizations”).
iii. A subaward may be provided through any legal agreement, including an
agreement that you or a subrecipient considers a contract.
4. Subrecipient means an entity that:
i. Receives a subaward from you (the recipient) under this award; and
ii. Is accountable to you for the use of the Federal funds provided by the subaward.
5. Total compensation means the cash and noncash dollar value earned by the
executive during the recipient's or subrecipient's preceding fiscal year and includes the
following (for more information see 17 C.F.R. § 229.402(c)(2)):
i. Salary and bonus.
ii. Awards of stock, stock options, and stock appreciation rights. Use the dollar
amount recognized for financial statement reporting purposes with respect to
the fiscal year in accordance with the Statement of Financial Accounting
Standards No. 123 (Revised 2004) (FAS 123R), Shared Based Payments.
iii. Earnings for services under non-equity incentive plans. This does not
include group life, health, hospitalization or medical reimbursement plans that do
not discriminate in favor of executives, and are available generally to all salaried
employees.
iv. Change in pension value. This is the change in present value of defined benefit
and actuarial pension plans.
v. Above-market earnings on deferred compensation which is not tax-qualified.
vi. Other compensation, if the aggregate value of all such other compensation (e.g.
severance, termination payments, value of life insurance paid on behalf of the
employee, perquisites or property) for the executive exceeds $10,000.
17. Debarment and Suspension
The recipient agrees not to award federal funds under this program to any party which is debarred or suspended from
participation in federal assistance programs. 2 C.F.R. Part 180 (Government-wide Nonprocurement Debarment and
Suspension) and 2 C.F.R. Part 2867 (DOJ Nonprocurement Debarment and Suspension).
18. Employment Eligibility
The recipient agrees to complete and keep on file, as appropriate, the Department of Homeland Security, U.S.
Citizenship and Immigration Services (USCIS) Employment Eligibility Verification Form (I-9). This form is to be used
by recipients of federal funds to verify that persons are eligible to work in the United States. Immigration Reform and
Control Act of 1986 (IRCA), Public Law 99-603.
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19. Enhancement of Contractor Protection from Reprisal for Disclosure of Certain Information
The recipient agrees not to discharge, demote, or otherwise discriminate against an employee as reprisal for the
employee disclosing information that he or she reasonably believes is evidence of gross mismanagement of a federal
contract or award, a gross waste of federal funds, an abuse of authority relating to a federal contract or award, a
substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a Federal
contract (including the competition for or negotiation of a contract) or award. The recipient also agrees to provide to
their employees in writing (in the predominant native language of the workforce) of the rights and remedies provided
in 41 U.S.C. § 4712. Please see appendices in the Award Owner’s Manual for a full text of the statute.
20. Mandatory Disclosure
Recipients and subrecipients must timely disclose in writing to the Federal awarding agency or pass-through entity,
as applicable, all federal criminal law violations involving fraud, bribery, or gratuity that may potentially affect the
awarded federal funding. Recipients that receive an award over $500,000 must also report certain civil, criminal, or
administrative proceedings in SAM and are required to comply with the Term and Condition for Recipient Integrity
and Performance Matters as set out in 2 C.F.R. Part 200, Appendix XII to Part 200. Failure to make required disclosures
can result in any of the remedies, including suspension and debarment, described in 2 C.F.R. § 200.338.
21. Conflict of Interest
Recipients and subrecipients must disclose in writing to the COPS Office or pass-through entity, as applicable, any
potential conflict of interest affecting the awarded federal funding in accordance with 2 C.F.R. § 200.112.
22. Contract Provision
All contracts made by the award recipients under the federal award must contain the provisions required under 2
C.F.R. Part 200, (Appendix II to Part 200 — Contract Provisions for Non-Federal Entity Contracts Under Federal
Awards). Please see appendices in the Award Owner’s Manual for a full text of the contract provisions.
23. Restrictions on Internal Confidentiality Agreements
No recipient or subrecipient under this award, or entity that receives a contract or subcontract with any funds under
this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that
prohibits or otherwise restricts the lawful reporting of waste, fraud, or abuse to an investigative or law enforcement
representative of a federal department or agency authorized to receive such information. Consolidated
Appropriations Act, 2020, Public Law 116-93, Division C, Title VII, Section 742.
24. Recipient Integrity and Performance Matters
For awards over $500,000, the recipient agrees to comply with the following requirements of 2 C.F.R. Part 200,
Appendix XII to Part 200 – Award Term and Condition for Recipient Integrity and Performance Matters:
A. Reporting of Matters Related to Recipient Integrity and Performance
1. General Reporting Requirement
If the total value of your currently active awards, cooperative agreements, and
procurement contracts from all Federal awarding agencies exceeds $10,000,000 for any
period of time during the period of performance of this Federal award, then you as the
recipient during that period of time must maintain the currency of information reported
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to the System for Award Management (SAM) that is made available in the designated
integrity and performance system (currently the Federal Awardee Performance and
Integrity Information System (FAPIIS)) about civil, criminal, or administrative
proceedings described in paragraph 2. of this award term and condition. This is a
statutory requirement under section 872 of Public Law 110-417, as amended (41 U.S.C.
2313). As required by section 3010 of Public Law 111-212, all information posted in the
designated integrity and performance system on or after April 15, 2011, except past
performance reviews required for Federal procurement contracts, will be publicly
available.
2. Proceedings About Which You Must Report
Submit the information required about each proceeding that:
a. Is in connection with the award or performance of an award, cooperative
agreement, or procurement contract from the Federal Government;
b. Reached its final disposition during the most recent five year period; and
c. Is one of the following:
(1) A criminal proceeding that resulted in a conviction, as defined in paragraph
5. of this award term and condition;
(2) A civil proceeding that resulted in a finding of fault and liability and
payment of a monetary fine, penalty, reimbursement, restitution, or damages of
$5,000 or more;
(3) An administrative proceeding, as defined in paragraph 5. of this award
term and condition, that resulted in a finding of fault and liability and your
payment of either a monetary fine or penalty of $5,000 or more or reimbursement,
restitution, or damages in excess of $100,000; or
(4) Any other criminal, civil, or administrative proceeding if:
i. It could have led to an outcome described in paragraph 2.c.(1), (2), or
(3) of this award term and condition;
ii. It had a different disposition arrived at by consent or compromise
with an acknowledgment of fault on your part; and
iii. The requirement in this award term and condition to disclose
information about the proceeding does not conflict with applicable
laws and regulations.
3. Reporting Procedures
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Enter in the SAM Entity Management area the information that SAM requires about
each proceeding described in paragraph 2. of this award term and condition. You do
not need to submit the information a second time under assistance awards that you
received if you already provided the information through SAM because you were
required to do so under Federal procurement contracts that you were awarded.
4. Reporting Frequency
During any period of time when you are subject to the requirement in paragraph 1.
of this award term and condition, you must report proceedings information through
SAM for the most recent five year period, either to report new information about
any proceeding(s) that you have not reported previously or affirm that there is no
new information to report. Recipients that have Federal contract, award, and
cooperative agreement awards with a cumulative total value greater than $10,000,000
must disclose semiannually any information about the criminal, civil, and
administrative proceedings.
5. Definitions
For purposes of this award term and condition:
a. Administrative proceeding means a non-judicial process that is
adjudicatory in nature in order to make a determination of fault or liability (e.g.,
Securities and Exchange Commission Administrative proceedings, Civilian Board
of Contract Appeals proceedings, and Armed Services Board of Contract
Appeals proceedings). This includes proceedings at the Federal and State level
but only in connection with performance of a Federal contract or award. It does
not include audits, site visits, corrective plans, or inspection of deliverables.
b. Conviction, for purposes of this award term and condition, means a
judgment or conviction of a criminal offense by any court of competent
jurisdiction, whether entered upon a verdict or a plea, and includes a
conviction entered upon a plea of nolo contendere.
c. Total value of currently active awards, cooperative agreements,
and procurement contracts includes —
(1) Only the Federal share of the funding under any Federal award
with a recipient cost share or match; and
(2) The value of all expected funding increments under a Federal
award and options, even if not yet exercised.
25. Citizenship and Immigration Status Communications
Authority to obligate or expend contingent on compliance with this condition.
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NOTE: This grant condition is established under the COPS Office’s broad authority and discretion to award and
administer grants. See, e.g., 34 U.S.C. § 10381, et seq. This condition applies only to state or local government entities
or to non-state or local government entities that make subawards with these funds to a state or local government
entity.
State or local government entity recipients of this award, and any subrecipient of this award at any tier that is an
entity of a State or of a unit of local government, may not obligate or expend award funds if – at the time of the
obligation or expenditure – the “program or activity” of the recipient funded in whole or in part with the award funds
(which includes any such program or activity of any subrecipient at any tier) is subject to any prohibitions or
restrictions on sending to, requesting or receiving from, maintaining, or exchanging information regarding citizenship
or immigration status with components of the U.S. Department of Homeland Security or any federal, state or local
government entity, as generally described in 8 U.S.C. 1373(a) or (b). This includes any prohibitions or restrictions
imposed or established by a state or local government entity or official.
A subrecipient of this award (at any tier) that is an entity of a State or of a unit of local government may not obligate
or expend award funds if – at the time of the obligation or expenditure – the “program or activity” of the subrecipient
(which includes any such program or activity of any subrecipient at any further tier) funded (in whole or in part) with
award funds is subject to any prohibitions or restrictions on sending to, requesting or receiving from, maintaining, or
exchanging information regarding citizenship or immigration status with components of the U.S. Department of
Homeland Security or any federal, state or local government entity, as generally described in 8 U.S.C. 1373(a) or (b).
This includes any prohibitions or restrictions imposed by a state or local government entity or official.
Any obligations or expenditures of a recipient or subrecipient that are impermissible under this condition shall be
unallowable costs for purposes of this award.
Rules of Construction. For purposes of this condition, “program or activity” means what it means under section 606
of title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-4a).
References to the Immigration and Naturalization Service in 8 U.S.C. 1373 are to be read, as a legal matter, as
references to particular components of the U.S. Department of Homeland Security.
Should any provision of a condition of this award be held to be invalid or unenforceable by its terms, then that
provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law (to any
person or circumstance) under this award. Should it be held, instead, that a condition (or a provision thereof) is of
utter invalidity or unenforceability, such condition (or such provision) shall be deemed severable from this award.
Any questions about the meaning or scope of this condition should be directed, prior to acceptance of this award, to
the Office of Community Oriented Policing Services Legal Division at 202-514-3750.
26. Contracts and/or MOUs with other Jurisdictions
Sworn law enforcement officer positions awarded must be used for law enforcement activities or services that benefit
your agency and the population that it serves. The items funded under the CHP award cannot be utilized by other
agencies unless the items benefit the population that your agency serves. Your agency may use items funded under
the CHP award to assist other law enforcement agencies under a resource sharing, mutual aid, or other agreement to
address multi-jurisdictional issues as described in the agreement.
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27. Retention
At the time of award application, your agency committed to retaining all sworn officer positions awarded under the
CHP award with state and/or local funds for a minimum of 12 months following the conclusion of 36 months of federal
funding for each position, over and above the number of locally-funded sworn officer positions that would have
existed in the absence of the award. Your agency cannot satisfy the retention requirement by using CHP-funded
positions to fill locally-funded vacancies resulting from attrition. 34 U.S.C. § 10382 (c)(8).
28. Community Policing
Community policing activities to be initiated or enhanced by your agency and the officers funded by this award
program were identified and described in your CHP award application. In sections VI(A) and (B), your agency
developed a community policing plan for the CHP award with specific reference to a crime or disorder problem and the
following elements of community policing: (a) problem solving—your agency’s plan to assess and respond to the
problem identified; (b) community partnerships and support, including related governmental and community
initiatives that complement your agency’s proposed use of CHP funding; and (c) organizational transformation—how
your agency will use the funds to reorient its mission to community policing or enhance its involvement in and
commitment to community policing. Throughout the CHP award period, your agency is required to implement the
community policing plan it set forth in the CHP award application.
The COPS Office defines community policing as a philosophy that promotes organizational strategies that support
the systematic use of partnerships and problem-solving techniques to proactively address the immediate conditions
that give rise to public safety issues such as crime, social disorder, and fear of crime. CHP awards through the specific
officers funded (or an equal number of redeployed veteran officers) must be used to initiate or enhance community
policing activities. All newly hired additional or rehired officers (or an equal number of redeployed veteran officers)
funded under CHP must implement your agency’s approved community policing plan, which you described in your
award application.
29. Local Match
COPS Hiring Program award recipients are required to contribute a local match of at least 25 percent towards the total
cost of the approved award project, unless waived in writing by the COPS Office. The local match must be a cash
match from funds not previously budgeted for law enforcement purposes and must be paid during the award period.
The local match contribution must be made on an increasing basis during each year of the three-year award period,
with the federal share decreasing accordingly. 34 U.S.C. § 10381(g).
30. School Resource Officer (SRO) Training Requirement
COPS Office-funded SRO(s) are required to complete a National Association of School Resource Officers (NASRO)
40 hour basic training course. Course substitutions are not permitted. Training must be completed no later than nine
months after the date shown on the award congratulatory letter or six months from the SRO hire date; whichever
comes first. If a COPS Office-funded SRO leaves the recipient agency after completing the NASRO training, the
recipient agrees to pay for the new SRO, who is assigned to backfill this position, to attend a NASRO 40 hour basic
training course. The new SRO must complete the training no later than nine months after being placed in the school.
If the officer has completed NASRO 40 hour
basic training within the last 12 months prior to the award date, the condition has been fulfilled. Any longer than 12
months will require the officers to retake the course. The agency must contact the NASRO Grant Coordinator if they
want funds to cover registration and travel costs.
ORI CA03610 - Award 2020ULWX0011 - Award Terms and Conditions 2020 - CHP - Page 15 of 16
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31. Background Investigations
Recipients agree to ensure that each officer(s) hired with CHP funding will be subject to a background investigation,
notify the COPS Office upon completion of the background investigation for each officer hired under the CHP award,
and cooperate with the COPS Office and provide updates on the status of background investigations upon request. 2
C.F.R. § 200.207
If the COPS Office determines that CHP funds are being used to pay the salary and fringe benefits of an officer who
has not undergone a background investigation, the COPS Office may temporarily suspend grant funds in accordance
with 2 C.F.R. §200.338 until the agency can demonstrate the background investigation has been completed.
32. Career Law Enforcement Officer
Officer hiring funds may only be used to pay entry-level salaries and fringe benefits for full-time “career law
enforcement officers” for 36 months. The COPS Office’s statute defines a “career law enforcement officer” as “a
person hired on a permanent basis who is authorized by law or by a State or local public agency to engage in or
supervise the prevention, detection, or investigation of violations of criminal laws.” 34 U.S.C. §10389(1). A recipient
agency may use officer hiring funds to pay the salary and benefits of recruits while in academy training to become
“career law enforcement officers” if it is the standard practice of the agency to do so with locally-funded recruits. The
State of Alaska, and any Indian tribe or tribal organization in that State, may also use officer hiring funds for a
“village public safety officer” defined as “an individual employed as a village public safety officer under the program
established by the State pursuant to Alaska Statute 18.65.670.” Tribal Law and Order Act of 2010, Pub. L. 111-211, title
II, § 247 (a)(2).
ORI CA03610 - Award 2020ULWX0011 - Award Terms and Conditions 2020 - CHP - Page 16 of 16
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Packet Pg. 740 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Financial Clearance Memorandum
COPS Office COPS Hiring Program Program
(CHP)
To: Chief of Police Eric McBride and City Manager Teri Ledoux
Re: Financial Clearance Memorandum
A financial analysis of budgeted costs has been completed. Costs under this award appear reasonable,
allowable, and consistent with existing guidelines. Exceptions / Adjustments are noted below.
Total officer positions awarded: 13
Approved costs per entry-level officer, per year
Year 1 Year 2 Year 3
Base salary $89,988.00 $96,888.00 $108,036.00
Benefits $37,604.41 $39,371.96 $42,230.78
Social Security $0.00 $0.00 $0.00
Medicare $1,304.83 $1,404.88 $1,566.52
Health insurance $14,526.00 $14,526.00 $14,526.00
Life insurance $12.00 $12.00 $12.00
Vacation $0.00 $0.00 $0.00
Sick leave $0.00 $0.00 $0.00
Retirement $18,612.00 $20,038.00 $22,345.00
Worker's compensation $3,149.58 $3,391.08 $3,781.26
Unemployment insurance $0.00 $0.00 $0.00
Approved total project costs
Per officer Grand total
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Salaries and fringe benefits $414,119.15 $5,383,549.00
Federal share $414,119.00 $5,383,549.00
Applicant share $0.00 $0.00
Local match waiver granted.
Budget Cleared Date: 06/25/2020
Overall Comments:
NA
Additional Comments:
N/A
ORI CA03610 - Award 2020ULWX0011 - Award Financial Clearance Memo 2020 - CHP - Page 2 of 2
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Packet Pg. 742 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Award Document Supplement
COPS Hiring Program (CHP)
By signing the Award Document to accept this COPS Hiring Program (CHP) award, the recipient
agrees to abide by the following Special Award Conditions and/or High Risk Conditions:
Special Award Conditions
Advancing Department of Justice Priority Crime Problem Awards
Your agency has been selected for a COPS Hiring Program (CHP) award to address a particular
Department of Justice priority crime problem/focus area, based specifically on your CHP award
application’s community policing plan to improve your agency’s public safety response to the critical
issues of Illegal Immigration, Violent Crime, or Homeland Security.
Please be advised that, in accepting this award, your agency is agreeing to this Special Condition to its
CHP award that requires your agency’s COPS-funded officers (or an equivalent number of locally-
funded officers) to initiate or enhance your agency’s community policing plan to address one of the
priority crime problems identified above. By signing the 2020 CHP award, your agency understands
and agrees to the following:
Your agency will implement the one specific community policing plan identified in your CHP
award application;
Your agency will address its specific priority crime problem throughout the entire CHP award
period;
Your agency will implement any organizational changes identified in its CHP award application in
Section 6B, Questions 12 and 13;
Your agency will cooperate with any award monitoring by the COPS Office to ensure that it is
initiating or enhancing its community policing efforts to address its priority crime problem, which
may include your agency having to respond to additional or modified reporting requirements.
Memorandum of Understanding Requirement
(School-based Policing through School Resource Officers Focus Area Only)
By signing the 2020 CHP award, recipients using CHP funding to hire and/or deploy School Resource
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Packet Pg. 743 Attachment: PD-Accept 2020 CHP Grant-Award Documents (6809 : Resolution to Accept and Administer the 2020 COPS Hiring Program Grant)
Officers into schools understand and agree to the following:
Your agency must submit a signed Memorandum of Understanding (MOU) between the law
enforcement agency and the school partner(s) to the COPS Office before obligating or drawing
down funds under this award. The MOU must be submitted to the COPS Office within 90 days
of the date shown on the award congratulatory letter.
Your agency’s MOU must contain the following information;
The purpose of the MOU
Clearly defined roles and responsibilities of the school district and the law enforcement
agency, focusing officers’ roles on safety
Information sharing
Supervision responsibility and chain of command for the SRO
Signatures
Note: Please refer to the MOU Fact Sheet for a detailed explanation of the requirements under each of
the bullets
Your agency’s implementation of the CHP award without submission and acceptance of the
required MOU may result in expenditures not being reimbursed by the COPS Office and/or
award de-obligation.
ORI CA03610 - Award 2020ULWX0011 - Award Special Conditions 2020 - CHP - Page 2 of 2
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Eric McBride, Acting Chief of Police
Subject: Resolution Authorizing the City Manager to Accept the EMPG
FY2019 Grant
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-168 to:
1. Authorize the City Manager to accept the FY 2019 Emerge ncy Management
Performance Grant (EMPG) in the amount of $30,571; and
2. Authorize the Director of Finance to amend the Adopted FY 2020/21 budget
increasing revenue and expenditures by $30,571, and issue a purchase order to
Vector USA in an amount not to exceed $27,000.
Background
The City of San Bernardino has participated in the Emergency Management
Performance Grant (EMPG) for several years. The purpose of the grant is to support
emergency management at the state, tribal, and local levels to mitigate, prepare for,
respond to, and recover from emergencies or disasters. The Police Department has
used the funds to increase the capabilities of the Emergency Operations Center (EOC).
The EOC is located at the Police Department. It is responsible for assembli ng and
directing local government response and communicating with all other government,
private, and public sectors during a disaster or planned event. The City’s EOC is
activated regularly for incidents ranging from large planned events, natural disasters , or
human-made disasters such as terrorist attacks or riots.
The City has received project approval for FY 2019 EMPG funds of $30,571 to expand
the EOC audio/visual capabilities to the administrative conference room and purchase
personnel protective equipment.
Discussion
The San Bernardino County Fire Protection District Office of Emergency Services is the
grant administrator for the EMPG. The EMPG is a non -competitive allocation available
to the City each year. The FY 2019 allocation amount is $30,57 1, with a dollar-for-dollar
match requirement of $30,571. This requirement can be met through cash or in -kind
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contributions. The Department will match this contribution with in -kind employee time
dedicated to emergency management.
In the submitted project, staff proposed expanding the audio/visual capabilities from the
EOC into the administrative conference room. The conference room would provide a
location for administrators, executive staff, visitors, or city officials to meet and plan
during emergencies. Observers in the administrative conference room would have
access to real-time information without the distractions of day-to-day EOC operations.
Vector USA provided a quote, included and labeled as Attachment 2, to expand
audio/visual capabilities into the administrative conference room at the cost of
$26,593.61. Staff is requesting to use Vector USA to complete this project without
soliciting additional bids. Vector installed the original hardware and software in the EOC
and the extension into the main training room and Personnel & Training Conference
Room. Vector USA owns the Extron Source code, which is the only means to program
the EOC system. Without the source code updates, additions or changes cannot be
made to the system. Each source code is unique to the installation and installation
integrator. Additionally, if another integrator is introduced to work on the system, it will
void the system warranty.
2020-2025 Key Strategic Targets and Goals
The request to authorize the receipt, obligation, and expenditure of the FY 2019
Emergency Management Performance Grant aligns with Key Target No. 1b: Financial
Stability: Implement, maintain, and update a fiscal accountability plan.
Fiscal Impact
The fiscal impact to the City is a budget amendment of $30,571 to revenue and
expenditures in the FY 2020/21 adopted budget. Grant account numbers to be
established after approval of this item. There is a match requirement of $30,571 for this
grant, which will be met with in-kind salary and benefit costs of the employee assigned
to manage this grant program.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-168:
1. Authorizing the City Manager to accept the FY 2019 Emergency Man agement
Performance Grant (EMPG) in the amount of $30,571; and
2. Authorizing the Director of Finance to amend the Adopted FY 2020/21 budget
increasing revenue and expenditures by $30,571, and issue a purchase order to
Vector USA in an amount not to exceed $27,000.
Attachments
Attachment 1 Resolution
Attachment 2 Vector USA Quote
Attachment 3 Project Approval Letter
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Ward: All
Synopsis of Previous Council Actions:
March 6, 2019 Mayor and City Council adopted Resolution No. 2019-36,
authorizing the receipt, obligation, and expenditure of the FY 2018
Emergency Management Performance Grant (EMPG) and
authorizing the director of finance to amend the FY 2018/19
adopted budget.
March 7, 2018 Mayor and City Council adopted Resolution No. 2018-63,
authorizing the receipt, obligation, and expenditure of the FY 2017
Emergency Management Performance Grant (EMPG).
January 9, 2017 Mayor and City Council adopted Resolution 2017 -02 approving the
receipt, obligation, and expenditure of the FY 2016 EMPG grant of
$38,549.
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RESOLUTION NO. 2020-168
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT THE
FY 2019 EMERGENCY MANAGEMENT PERFORMANCE
GRANT (EMPG); AUTHORIZING THE DIRECTOR OF
FINANCE TO AMEND THE FY 2020/21 BUDGET
APPROPRIATING $30,571 IN BOTH REVENUE AND
EXPENDITURES; AND AUTHORIZING THE ISSUANCE
OF A PURCHASE ORDER TO VECTOR USA IN AN
AMOUNT NOT TO EXCEED $27,000
WHEREAS, the City of San Bernardino has been awarded the FY 2019 Emergency
Performance Grant in the amount of $30,571; and
WHEREAS, the City will use the funding to improve emergency management
preparedness, prevention, and response to natural and/or man mad disasters; and
WHEREAS, the City has invested in developing and expanding the capabilities of the
Emergency Operations Centers at the police department ; and
WHEREAS, Vector USA Inc. installed existing EOC equipment and is the sole owner of
the source code used to program the EOC system.
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 her ein by this
reference.
SECTION 2. The City Manager is hereby authorized to accept the FY 2019 Emergency
Management Performance Grant (EMPG) in the amount of $30,571 .
SECTION 3. The Director of Finance is hereby authorized to amend the FY 2020/21
Adopted Budget, appropriating $30,571 in both revenue and expenditures, and issue a purchase
order to Vector USA Inc. in an amount not to exceed $27,000, pursuant to San Bernardino
Municipal Code 3.04.010(B)(3), the Mayor and City Council approve a selected source
justification for this purchase.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significa nt 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.
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Resolution No. 2020-168
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
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Resolution No. 2020-168
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, City Clerk
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VRN-095318-002
June 30, 2020
Vector Resources, Inc.
dba VectorUSA
8647 Ninth Street
Rancho Cucamonga, CA
91730
P: (909) 931 1022
City of San Bernardino Police Department
710 North D Street
San Bernardino, CA 92401
Project
Expand AV System from EOC to admin Conf Room
Prepared For
City of San Bernardino Police Department
Prepared By
Vector Resources, Inc.
dba VectorUSA
Page 1
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VRN-095318-002
June 30, 2020
TABLE OF CONTENTS
1.0 Vector USA
2.0 Codes and Standards
3.0 Audio Visual
4.0 Project Parameters
Detailed Pricing
Terms and Conditions of Contract
(SignatureRequired)
Page 2
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
Vector USA1.0
1.1 Company Overview
VectorUSA (“Vector”) is a leading audio-visual and enterprise network systems integration
firm committed to delivering innovation and quality. With over 20 years of experience, we are
a turnkey systems provider, specializing in the design and implementation of high
performance communication solutions. We offer a wide range of services in the areas of
audio visual, structured communications cabling, wireless, surveillance, access control, Voice
over Internet Protocol (VoIP), network security, and remote monitoring.
Recognized widely for our engineering capabilities and management excellence, Vector’s
team consists of the 4 original partners and over 350 employees, including engineers,
technical personnel, business development and customer service agents. Vector is
headquartered in Torrance, California, with additional offices in San Diego, Rancho
Cucamonga, and Tempe, Arizona.
Vector’s certifications and partnerships allow us to serve as a full-service technology solution
provider. We maintain a C7 (low voltage), C10 (electrical), and a General Contractor “B”
license. Our business partners include Crestron, Christie Digital, AMP (one of the largest
ND&I contractor in the country), Extron, Avaya, Cisco, HP Networking, Hirsch, and other
world class solution vendors.
Codes and Standards2.0
2.1 Certificates
VectorUSA will establish a project team comprised of individuals with knowledge and
experience relevant to all audio visual (A/V) projects. A VectorUSA implementation team will
comprise of an experienced installation team, engineering, project manager and/or project
coordinator, which will ensure that the project is kept in consistent communication and held
to the agreed schedule.
VectorUSA is also a proud member of AVIXA Certified Technology Specialist (CTS) standards,
AVIXA represent the best practices of professional audiovisual and information
communications industries worldwide. Vector’s AVIXA certified individuals adhere to the CTS
Code of ethics and conduct with maintaining their status through continued manufacture
education classes. Our certification demonstrates commitment to professional growth in the
audiovisual industry and to our clients.
Vector recently holds all three AVIXA certifications: CTS, CTS-I and CTS-D, which follows
under the General, Installation and Design programs for the AVIXA association.
In addition, VectorUSA audio visual (A/V) technicians are certified and trained in the following
main manufacture partners and systems: Polycom, Cisco (Tandberg), Extron-AVA, Extron-
ECS, Extron-ECP, Extron XTP-E, Extron XTP-T, Extron-EDSP, Crestron DMC-D, Crestron DMC-
T, Crestron DMC-E, Da-Lite Screens, Premier Mounts, Vaddio, Biamp and other popular A/V
products (Please reach out and ask about other partners and certification not list).
Page 3
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
Audio Visual3.0
3.1 Scope of Work
VectorUSA is pleased to present the following proposal to San Bernardino Police Department,
located in San Bernardino, California.
The proposed scope of work (SOW) is based on client information gathered from
conversations, onsite meeting and our experience with similar types of projects. The Area of
concern will be designed to accommodate and provide the requested audio visual equipment
needs as specified pre-SOW only, please review Scope of Work (SOW) and Bill of Materials
(BOM). No other services or items will be provided beyond this proposal.
The proposal includes the furnishing of all misc. materials, labor, transportation, tools,
permits, fees, utilities and incidentals necessary for the complete installation of all work
specified within this document.
Please note that the necessary onsite Audio Visual training will be held after the complete
installation of equipment and programming. The training will cover any areas of concern,
system functionality and standard use.
3.2
DISPLAY:
The admin conference room will be outfitted with one (1) existing Large LCD/LED 1080p
70"display will be removed from the PNT conference room. The display will be pole mounted
as requested, the 70" will display presentation content and display EOC images with TV cable
feed from the EOC (sent by the EOC).
The PNT conference room will receive one (1) new 80" LCD/LED 1080p display to
accommodate a larger image as requested. The PNT conference room system function will
remain as is.
System Elements
1 One (1) Existing 70" LED/LCD Display.
2 One (1) Ceiling pendent ceiling mount
3 One (1) 80" LED LCD 1080p Display (for PNT Room)
4 One (1) new display wall mount
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Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
3.3
SOURCES:
One (1) input wall plate with VGA 3.5mm and HDMI will be provided for the 70” display
within the admin conference room, the connection plate will be located below the display to
engage presentation. In addition, One (1) Video feed from the EOC and one (1) OFE cable
box will be available for selection from the shared matrix switcher from the EOC, which will
repurposed for switching video and audio to the PNT Conference room.
New modular input and output cards will be add to accommodate the additional items to
support video and routing to the admin conference room. New cards will be installed into the
existing 32x32 matrix switcher.
Please note, that shared feeds coming from the EOC are only engaged by the EOC
commander touch panel.
System Elements
1 One (1) HDMI, VGA w/3.5mm Wall plate Transmitter
2 One (1) HDMI Receiver
3 One (1) Existing 32x32 will be repurposed.
4 One (1) XTP CAT5 input modular card
5 One (1) XTP CAT5 output modular card
6 One (1) XTP audio output modular card
3.4
AUDIO:
Audio sound will distribute through two (2) new ceiling mounted speakers and one (1) new
70Volt power amplifiers.
System Elements
1 Two (2) Ceiling mounted 70V ceiling speakers (1 pair)
2 One (1) 70 Volt Audio Amplifier
Page 5
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
3.5
CONTROLS:
One (1) existing Extron control processor will be used from the PNT, EOC and EOC Training
room. The admin conference room will accommodate one (1) new 5” wall mounted color
touch panel, which will be the main universal controller (location TBD). All custom
programming will be designed to accommodate simple and easy uses of controls for this
area.
Programming features will include:
1 Source switching/routing to 70” displays (noted video selection above),
2 System Power
3 Audio Volume up/down
4 All functions will be design on the new 5" touch panel GUI interface.
5 To include up to 2-3 pages of touch panel of GUI design
Note: Control panel should will have the same function as PNT conference room (VectorUSA
to review).
System Elements
1 One (1) Wall mounted 5” Touch panel
2 One (1) Existing control processor to be repurposed (located in the EOC Rack)
3.6
RACK:
All new A/V equipment will be consolidated and housed in one (1) existing/shared wall Floor
standing equipment rack within the EOC adjacent closet.
3.7 Existing Items
Vector assumes that others are responsible for any and all audio/visual existing items are in
working condition and have the necessary connection points to accommodate new
functionality for the Audio System. OFE items are not covered under VectorUSA warranties or
services.
3.8 Lead Times
Audio Visual Equipment Standard lead time is 3-4 weeks after receipt of the purchase order.
Audio Visual Furniture lead time is 4-6 weeks after receipt of the purchase order.
VectorUSA reserve the right to exchange or replace equipment "product of equal value" to
meet time line(s) of installation and/or system functionality noted in the scope of work
written by VectorUSA. Client will be formerly notified of any out standing back orders "B/O"
or exchange of product(s) prior to procurement of equipment.
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Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
3.9 Deliverables
VectorUSA will provide the following deliverables at the end of the project. Client will receive
Audio-Visual line diagram(s) that state point to point connectivity that will correspond to the
necessary product connection details "NEW SYSTEM ONLY". Client will receive one (1) printed
copy of as-builds drawings along with one (1) USB thumb drive copy of documents in a
visible electrical format (PDF). Deliverable will also include a copy of the last custom program
and/or configuration codes with the necessary links and modules for reconfiguration. Please
note that programs and/or configuration codes are only visible to authorized vendors or
certified personal only (industry standards).
Deliverables-
- Audio-Visual line diagrams (hardcopy and thumb drive)
- Configuration codes (DSP/CONTROL) (thumb drive only)
The above noted items are needed for any future upgrades, updates, changes and services.
No other documentation will be provide beyond what has been noted or agreed upon.
Please note that no software or software training will provide along with documentation,
Vector recommends to reach your local VectorUSA account sales executive to engage with
any additional professional services.
Project Parameters4.0
4.1 Workmanship Warranty
VectorUSA will ensure that all work is to be completed in a workmanlike manner according to
standard practices, and manufacture installation guidelines. The installation will be free from
defects in workmanship (except for those inherent in the quality of work the contract
documents require or permit) for a period of one (1) year (“Warranty Period”). This
workmanship warranty covers all workmanship defects related to installed work only. This
Workmanship Warranty does not apply to defects in goods or materials, any alterations or
deviations from the original installation by any party other than VectorUSA, defects caused by
negligence or lack of maintenance by any other party than VectorUSA, or any conditions
covered under Force Majeure.
4.2 Product Warranty
THIS AGREEMENT DOES NOT INCLUDE THE REPAIR OR REPLACEMENT OF ANY MATERIALS
OR GOODS FOR ANY REASON. Warranty for materials or goods, where applicable, are
provided directly by the manufacturer. It is the Customer responsibility to maintain the
materials or goods to manufacturer specifications to meet product warranty requirements.
4.3 Post-Installation Support
VectorUSA offers a range of cost-effective support options to assure that installed systems
are maintained once their system is operational. Options range from periodic onsite audits
and maintenance to comprehensive managed services. The Customer is encouraged to
contact their VectorUSA Account Executive to plan post-installation support.
Page 7
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
4.4 Software and Operating System Errors
It is the responsibility of the Customer to ensure that all of its files are adequately backed up
and that all necessary materials are available, including manufacturer recovery media for
software and other software to be reloaded. In no way is VectorUSA liable for defects or
“bugs” in software, or for correcting errors introduced into the data, programs, or any other
software due to hardware failure, or for any cost of reconstructing software or lost data. Any
technical support required to restore data integrity or to make the system function, such as,
but not limited to, rebuilding corrupted records, examining files, re-installation of O/S or
Software, or re-indexing databases, will be billed separately on a Time and Materials basis.
VECTOR USA MAKES NO OTHER WARRANTIES, WHETHER WRITTEN, ORAL, OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
4.5 Force Majeure
VectorUSA shall not be liable for any failure or delay in furnishing goods, materials, analysis,
data, programs and services hereunder resulting from fire, explosion, flood, storm, Act of
God, governmental acts, orders or regulations, hostilities, civil disturbances, strikes, labor
difficulties, difficulty in obtaining parts, supplies, or shipping facilities, inability to obtain or
delays in obtaining suitable material or facilities required for performance, temporary
unavailability of qualified personnel, or any other causes beyond VectorUSA’s reasonable
control.
4.6 Access
Vector has access to all areas required to perform the proposed scope of work in a timely
manner.
4.7 Change Order
Any work that is added to or deleted from the original scope of this proposal and which alters
the original costs or completion date must be agreed upon by both parties in the form of a
written change order.
4.8 Electrical (Not Providing)
Vector assumes that others are responsible for all audio/visual (A/V) Electrical requirements.
The project manager will coordinate with the client/contractor prior to installation with the
electrical positioning, location and requirements for all AV needs.
4.9 Structural Support
Vector assumes that the current Structure is capable of supporting the weight of any of the
new devices that will be mounted to the wall or ceiling. If not structurally sound, the Client
will be responsible for any additional support necessary.
Page 8
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
4.10 Delays
The client must provide five working days’ advance notice of any factor that will delay this
project or Vector will issue a work stoppage change order. Additionally, idle time incurred by
Vector due to the absence of required escorts, clearance, permits, inability to enter the work
place, delays by other trades or other factors beyond Vector’s control will be addressed with a
written change order.
4.11 Work Days/Overtime
This work will be performed during Vector's regular standard business hours of 7:00 a.m. to
5:00 p.m. Pacific Standard Time, Monday through Friday, except holidays. Work outside of
regular business hours is available, but requires a written change order.
4.12 Schedule
Vector plans to implement this project in a continuous fashion. If any additional mobilization
is required, as a result of a change in the project schedule, not caused by Vector, it will be
addressed with a written change order.
4.13 Asbestos/Hazardous Materials
Vector assumes that the installation teams will be working in areas that will not contain
asbestos or any other hazardous material that would require additional time or alternative
installation procedures.
It is the responsibility of the client to give written notification to Vector, prior to the start of a
project, of any asbestos contained material (ACMs) in or around the area of the project. In
the event that ACMs are present prior to job commencement or if ACMs are encountered
during the project, additional cost, damages and/or delays attributed to necessary
procedures for working in this environment will be the responsibility of the client.
4.14 Adequate Room
The client must provide adequate room for the installation of the proposed termination
hardwired at the station and in the communications closets.
4.15 Storage Area
The client will provide a secured storage area inside the building for Vector's materials and
tools.
4.16 Office Furniture
Vector will not be responsible for disassembling or moving desks or other office furniture to
gain proper access to perform installation tasks.
Page 9
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
12.b
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June 30, 2020
4.17 Ceiling Tile
Vector exercises care in the removal, storage and reinstallation of existing (used) ceiling
tiles; however, Vector accepts no liability for any incidental damages that may result from the
handling of ceiling tiles.
4.18 Existing Pathways
The client is responsible for ensuring that the existing conduit/pathway is free and clear from
defects. If the conduit/pathway is not free and clear from defects, the client will be
responsible for making it free and clear.
Vector can assist with making the existing conduit/pathway free and clear if requested by the
client in the form of a written change order.
4.19 Add & Delete
This proposal is not to be used as an "Add & Delete" schedule; it only applies to the work
specified in the original RFP. Any additional work requested will be considered as separate
work and addressed with a written change order.
4.20 Defective Materials
If there is a delay and/or Vector is unable to perform its scope of work, due to problems with
the existing hardware and/or materials provided by the client or other third parties, it will be
addressed with a written change order.
4.21 Extraordinary Service
Certain additional charges related to extraordinary levels of support or out-of-pocket costs
incurred by Vector, through no fault of its own, will be reimbursable by the client under this
agreement.
Examples of costs reimbursable under this section include, but are not limited to 1) shipping
expenses related to unusual site handling expenses (e.g. extra distance, no loading dock,
extra stairs, extra demurrage charges), 2) storage or special handling expenses incurred if an
installation site is not able to accept delivery as scheduled, 3) expenses incurred by Vector to
resolve network compatibility issues caused by a client’s election to substitute non-Vector
provided equipment or services, and 4) expenses incurred by Vector for additional installation
time and/or materials caused by a site not being prepared as called for in this proposal.
Vector shall promptly notify the client in writing of such charges. Notification will be
provided, when feasible, prior to the incurrence of such charges, unless circumstances
preclude such prior written notification (by way of example, but not limited to, unusual site
handling charges). Provided the incurrence of such charges is not due to Vector’s fault or
negligence, Vector shall be entitled to an equitable adjustment in the prices herein, the
delivery schedule, or both to reflect such charges and any related delay.
Page 10
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
4.22 Proprietary Information
The information contained in this document is proprietary to Vector and intended to be used
as evaluative and/or bidding information only. No part of this document may be disclosed,
reproduced and/or distributed to anyone except the listed recipients within this package
without written permission from Vector.
Page 11
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
DETAILED PRICING
DISPLAY AREA (PNT)
80" LED 1080p Display Sharp 4,184.60 196.00 4,380.60
Mfr
4,184.60
Unit Cost Material Labor Total
1
Quantity
PN-LE801
Mfr PN
Large Fusion Micro-Adjustable Fixed Wall
Display Mount
Chief 181.11 196.00 377.11181.11
Sub-Total
1LSM1U
DISPLAY AREA (ADMIN CONF)
Ceiling Adapter w/ 1.5 IN Welded Coupler Premier Mounts 54.90 392.00 446.90
Mfr
54.90
Unit Cost Material Labor Total
1
Quantity
PP5
Mfr PN
1.5 in NPT Adjustable-Height Pipe Adapter
Black
Premier Mounts 118.95 147.00 265.95118.951APP-4872
Ceiling Mount for Flat-Panel Premier Mounts 182.39 147.00 329.39182.39
Sub-Total
1ECM-3763S
SOURCE
XTP T UWP 202 4K NL HDMI, VGA
Decorator-Style Transmitter, No LAN -Wht
Extron 847.90 147.00 994.90
Mfr
847.90
Unit Cost Material Labor Total
1
Quantity
60-1530-13
Mfr PN
XTP 4K Receiver for HDMI Extron 542.00 98.00 640.00542.00160-1524-13
XTP CP 4o 4K Four Output Board, XTP Extron 1,579.90 98.00 1,677.901,579.90170-943-21
XTP CP 4K 4i Board Extron 2,677.90 98.00 2,775.902,677.90170-940-21
XTP CP 4o SA Four Output Board, Stereo
Audio
Extron 603.90 98.00 701.90603.90170-944-01
2 In J Hook W/ Multifunction Clip Erico 75.00 326.67 401.673.75
Sub-Total
20CAT324Z34
AUDIO
Mono Power Amplifier 200 Watts Extron 420.90 49.00 469.90
Mfr
420.90
Unit Cost Material Labor Total
1
Quantity
60-850-01
Mfr PN
SoundField XD 6.5 In Two-Way Ceiling
Speaker with 8 In Composite Back Can and
70/100 V Transformer
Extron 274.50 98.00 372.50274.50
Sub-Total
160-1310-03
CONTROL
TLP Pro 525M, 5” Wall Mount Touchlink Pro
Touchpanel
Extron 969.90 73.50 1,043.40
Mfr
969.90
Unit Cost Material Labor Total
1
Quantity
60-1561-02
Mfr PN
XTP PI 100, Power Injector for XTP and Pro
Series
Extron 176.90 24.50 201.40176.90160-1233-01
Universal Rack Shelf Kit for 9.5" Deep
Product - Gray
Extron 82.84 24.50 107.3482.84
Sub-Total
160-190-01
CABLES AND WIRES
Adapter, HDMI Right Angle, 90 Degree Covid 12.60 16.33 28.93
Mfr
6.30
Unit Cost Material Labor Total
2
Quantity
DSP-RA33
Mfr PN
3' Slim Line HDMI 2.0 Cable Covid 20.34 16.33 36.6710.172MC-H2-03
Page 12
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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VRN-095318-002
June 30, 2020
HDMI Cable, high Speed with Ethernet, 6ft Covid 4.78 16.33 21.114.781EC-HD28-06M
Shielded twisted pair cable for XTP Systems
and DTP
Extron 730.00 449.17 1,179.171.4650022-235-03
Shielded RJ-45 Plug Kit for Extron XTP DTP
24
Extron 30.50 49.00 79.5030.501101-005-02
HDMI Cable, high Speed with Ethernet,15ft Covid 8.65 16.33 24.988.651EC-HD28-15M
18 AWG 2 Conductors Unshielded Plenum
Cable
Covid 60.00 224.58 284.580.24250CVA3200-18
22 AWG 2 Conductor Shielded Riser Cable Covid 4.20 17.97 22.170.2120CSP1200-22
8 In Black Tie Wrap - 100 Pack Zack Electronics 4.88 8.17 13.054.881CT-08-40-BK
22 AWG 2 Conductor Shielded Non-Plenum
Cable
Covid 5.00 17.97 22.970.2520CSP1400-22
Cat5e Shielded Blue Cable-Plenum Covid 96.00 179.67 275.670.48200P-C5EF-BLU
RJ45 Shielded Connector Covid 7.32 32.67 39.991.834RJ45-0124
VGA Cable w/ audio, M-M, passes ID Bits,
15ft
Covid 13.08 16.33 29.4113.08
Sub-Total
1VPR1211-15AM
MISC. INSTALLATION MATERIALS
Fire Barrier Moldable Putty Stick 3M 22.80 24.50 47.30
Mfr
22.80
Unit Cost Material Labor Total
1
Quantity
MP+STIX
Mfr PN
1/4" Hollow Wall Poly Strap Toggle Anchor PFC 2.94 49.00 51.940.4964054
1/4 x 3 Combo Truss Head Machine Screw PFC 0.60 49.00 49.600.1061448MCT
1/4 Lock Washer PFC 0.12 49.00 49.120.026UICF
1/4 x 1/2 Fender Washer PFC 0.18 49.00 49.180.036
1/4 X 1 Fender Washer PFC 0.48 49.00 49.480.0861416WF
DB9 Male, Hood and 9 Pins Zack Electronics 10.15 8.17 18.3210.151DB9MALEKIT
DB9 Female, Hood and 9 Pins Zack Electronics 10.15 8.17 18.3210.151DB9FEMALEKIT
Rack Screw - 25 Pack Middle Atlantic 6.10 16.33 22.436.101HPS
Misc. Installation Materials Misc. Installation
Materials
359.90 98.00 457.90359.90
Sub-Total
1
FREIGHT
Freight Freight 518.50 16.33 534.83
Mfr
518.50
Unit Cost Material Labor Total
Sub-Total
1
QuantityMfr PN
LABOR
Design & Engineering Labor 0.00 1,500.00 1,500.00
Mfr
0.00
Unit Cost Material Labor Total
1
QuantityMfr PN
Documentation Labor 91.50 600.00 691.5091.501
Project Management (Coordinator)Labor 0.00 760.00 760.000.001
Programming Labor 0.00 2,760.00 2,760.000.001
Systems Commissioning Labor 0.00 588.00 588.000.001
Page 13
Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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VRN-095318-002
June 30, 2020
Training Labor 0.00 98.00 98.000.001
Mobilization Labor 30.50 380.00 410.5030.50
Sub-Total 122.00 6,686.00 6,808.00
Project Sub-Total 15,024.86 10,376.52 25,401.38
Sales Tax 1,192.23
Project Total 26,593.61
1
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Vector Resources, Inc. dba VectorUSA
California State License No. 654046
8647 Ninth Street, Rancho Cucamonga, CA 91730
(909) 931 1022
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June 30, 2020
TERMS AND CONDITIONS OF CONTRACT
All work is to be completed in a workmanlike manner according to standard practices. All material is to
be as specified. Any alterations or deviation from above specifications involving extra costs will be
executed only upon written orders, and will become an extra charge over the estimate. All agreements
contingent upon strikes, accidents or delays beyond our control will be settled in a formal agreement.
Owner is responsible to carry fire, tornado and other necessary insurance. Our workers are fully covered
by Workman's Compensation Insurance.
TERMS AND CONDITIONS
This proposal pricing is only valid for 60 days. Upon acceptance a purchase order is required and due
prior to commencement of work. Monthly progress invoices will be generated based on percentage of
completion and due Net 30. Balance will be invoiced upon substantial completion and due Net 30.
FINANCE OPTIONS
Leasing and financing options are available to meet your needs. We can provide programs ranging from 24 months to
60 months on purchases of $100,000 or more. These programs have the flexibility to include materials, design services,
system maintenance, and installation services. These programs can be tailored to meet both capital financing and
operating budget needs. All terms and conditions are only final upon a successful credit review. An estimated lease
payment has been calculated below based on a 60-month term, dollar buy out option. Please contact your Account
Executive for more details.
PAYMENT REQUIREMENTS
City of San Bernardino Police Department
710 North D Street
San Bernardino, CA 92401
The prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to
do the work as specified. Payment will be made as outlined above.
ACCEPTANCE OF PROPOSAL
Vector Resources, Inc. dba VectorUSA Authorized Signature Date
Authorized Signature Date
Print Name
$26,593.61Job Total
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
Subject: Board of State & Community Corrections, Youth Reinvestment
Grant Program - Budget Amendment
Recommendation
That the Mayor and City Council of the City of San Bernardino, California, authorize the
Director of Finance to amend the Adopted Fiscal Year 2020/21 Budget, appropriating
$272,727 of the $1,000,000 Board of State and Community Corrections, Youth
Reinvestment Grant award received in August 2019 .
Background
On August 7, 2019, the Mayor and City Council of the City of San Bernardino, California
adopted Resolution No. 2019-256, authorizing the City Manager to accept, execute, and
administer the Board of State and Community Corrections (BSCC) Youth Reinvestment
Grant Program (YRG) in the amount of $1,000,000. This is a multi -year grant award
providing program funding through February 28, 2023.
Discussion
Under the direction of the City’s Violence Intervention Program, the San Bernardino
Youth Reinvestment and Development program is providing an evidence -based,
culturally relevant, trauma-informed, wrap around social services that address the
unique needs of San Bernardino City youth at risk of, or are fluctuating between the
child welfare and juvenile delinquency court systems, which are often called “cross -
over” youth or “dual status” youth. In partnership with Operation New Hope, San
Bernardino City Police Department, and San Bernardino County Juvenile Courts, the
program objective is to divert low level youth offenders from the juvenile delinquency
court system. The program is also providing vocational training to program participants
through the local Certified Conservation Corps.
2020-2025 Strategic Targets and Goals
The request for a budget amendment for the Youth Reinvestment Grant Program aligns
with Key Target No. 1: Financial Stability and Key Target No. 3: Improved Quality of
Life.
Fiscal Impact
Funding for the Youth Reinvestment Grant Program (YRG) is provided through a multi -
year grant award received from the Board of State and Community Corrections (BSCC).
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6805
Page 2
The appropriation of $272,727 for year two of the grant award period will not impact the
City's General Fund (Account #130-100-8737-5502 - Professional Contractual).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, authorize the Director of Finance to amend the Adopted Fiscal Year 202 0/21
Budget, appropriating $272,727 of the $1,000,000 Board of State and Community
Corrections, Youth Reinvestment Grant award received in August 2019 .
Attachment
Attachment 1 Resolution No. 2019-256-Youth Reinvestment Grant Award
Ward: All
Synopsis of Previous Council Actions:
August 7, 2019 Mayor and City Council of the City of San Bernardino, California,
adopted resolution 2019-256 authorizing the City Manager to
accept, execute, and administer the Board of State & Community
Corrections (BSCC), Youth Reinvestment Grant Program (YRG) in
the amount of $1,000,000 through February 28, 2023. The Mayor
and City Council also approved professional service agreements
with Operation New Hope & Southern California Mountains
Foundation, Urban Conservation Corps.
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Packet Pg. 769
Resolution No. 2019-256
RESOLUTION NO. 2019-256
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER TO ACCEPT,
EXECUTE, AND ADMINISTER THE BOARD OF STATE &
COMMUNITY CORRECTIONS YOUTH REINVESTMENT
GRANT PROGRAM IN THE AMOUNT OF $1,000,000
THROUGH FEBRUARY 28, 2023 AND AUTHORIZING
THE FINANCE DIRECTOR TO AMEND THE ADOPTED
FISCAL YEAR 2019/20 BUDGET BY $272,727
WHEREAS, the City of San Bernardino desires to participate in the Youth Reinvestment
Grant Program (YRG) funded through the California State General Fund and administered by the
Board of State and Community Corrections (BSCC); and,
WHEREAS, the City of San Bernardino prepared and submitted two timely and
complete proposals;
WHEREAS, the City of San Bernardino Youth Reinvestment & Development Program
proposal was awarded the BSCC Grant for the period of July 1, 2019 through February 28, 2023;
and, now therefore:
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager is hereby authorized to accept and execute the Board of
State and Community Corrections Youth Reinvestment Grant Agreement number 581-19 in the
amount of $1,000,000 attached hereto as Exhibit "A".
SECTION 3. The City Manager is hereby further authorized to execute professional
service agreements for the period of July 1, 2019 — February 23, 2023 with the Southern
California Mountains Foundation, Urban Conservation Corp., in the amount not to exceed
500,000 and Operation New Hope in the amount not to exceed $500,000 attached hereto as
Exhibits "B" and "C".
SECTION 4. The Director of Finance is authorized to create a grant account and amend
the adopted fiscal year 2019-2020 budget by $272,727 to reflect the grant resources eligible to be
received in this fiscal period.
SECTION 5. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
13.a
Packet Pg. 770 Attachment: YRG Resolution 2019_256 (6805 : Board of State & Community Corrections, Youth Reinvestment Grant Program - Budget
Resolution No. 2019-256
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall becryatcQffective immediately.
APPROVED and ADOPTED by the CityU antr by the Mayor and attested
by the City Clerk this 7` day of August 2019.
John Valdivia, Mayor
City of San Bernardino
Attest:
jr, XA
Georgeann 11anna, MMC, CitYClerk
Approved as to form:
OQC, 1—
GaryGary D. Saenz, City Attorney
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Packet Pg. 771 Attachment: YRG Resolution 2019_256 (6805 : Board of State & Community Corrections, Youth Reinvestment Grant Program - Budget
Resolution No. 2019-256
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-256 adopted at a regular meeting held on the
7th day of August 2019 by the
following vote:
Council Members: AYES NAYS
SANCHEZ X
IBARRA X
FIGUEROA x
SHORETT x
NICKEL x
RICHARD x
MULVIHILL C
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 7t' day of August 2019.
GeorgeannManna, MW, City Clerk
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Packet Pg. 772 Attachment: YRG Resolution 2019_256 (6805 : Board of State & Community Corrections, Youth Reinvestment Grant Program - Budget
EDIT A — Scope of Services
Youth Reinvestment & Development Program
The Youth Reinvestment & Development Program (YRD) program is aimed at diverting low-
level offenders from initial contact with the juvenile justice system using approaches that are
evidence -based, culturally relevant, trauma -informed, and developmentally appropriate.
The objective of Youth Rei3}vestment & Development Program efforts is to provide San
Bernardino youth with supportive services, alternatives to arrest, incarceration, and educational
services, including academic and vocational services, mentoring services, behavioral health
services and mental health services with the sole purpose of diverting youth from the juvenile
justice system.
Consultant Contractor Activities
Consultant shall conduct youth diversion services and related primary and secondary prevention
services with individuals at highest risk of entering or returning to the juvenile justice system by.
a) Ensuring that the primary focus of youth diversion strategies and related
efforts are established through a combination of the YRD:
i. San Bernardino City Crossover Youth Practice Model
ii. Service Coordination & Implementation Team Meetings
iii. YRD Implementation team best practices and principles
suited for San Bernardino to ensure equitable services for
crossover youth.
b) Continuously reviewing youth diversion assignments, activities and strategies
to ensure they reflect the priorities above.
Consultant shall ensure effective and high-quality youth diversion services and related primary
and secondary prevention activities with youth at highest risk of entering the juvenile justice
system by conducting the following activities but not limited to:
a) Participate in the creations of a Youth Reinvestment & Development
Implementation Team. Building individual and group relationships with those at
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Packet Pg. 773 Attachment: YRG Resolution 2019_256 (6805 : Board of State & Community Corrections, Youth Reinvestment Grant Program - Budget
highest risk of involvement in juvenile justice system, as indicated by the San
Bernardino City Crossover Youth Practice Model;
b) Provide wraparound case management services to 70 San Bernardino City Youth
annually. Utilizing the Crossover Youth Practice Model, identify, recruit, and
train 70 youth annually in the evidence -based Operation New Hope curriculum;
c) Divert and reduce San Bernardino City youth from the juvenile justice system;
d) Coordinate service provision with the Violence Intervention Program when
appropriate;
e) Data tracking and collection of program activities for all program participants;
f) Secure parental consent forms for minor youth participating in the program;
g) Participate in the development of an YRD Local Evaluation Plan; design,
administer, and analyze pre -post participant surveys;
h) Participate in drafting quarterly program progress reports to the California Board
of State & Community Corrections, City Manager, Mayor and City Council of
San Bernardino;
i) Report to the Office of the City Manager, Violence Intervention Division.
Consultant shall ensure quality implementation of the overall YRD program strategy and,
specifically, the YRD diversion component by:
a) Providing data and information on the above to the City of San Bernardino VIP Program
Manager on, as appropriate, a weekly/semi-weekly/monthly basis in a clear and
organized format for inclusion in YRD program performance reviews;
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b) Employing this case data and information when participating in weekly coordination,
case review and strategy meetings;
c) When appropriate, program activities are carried out in in partnership with the
community and other YRD partners.
d) Actively collaborating with other San Bernardino City stakeholders and partners to divert
San Bernardino Youth away from the juvenile justice system
Schedule of Charges & Reimbursement
Consultant is responsible for submitting monthly invoices, along with supporting
documentation for every project -related expense in accordance with Section 4 of the
Agreement.
If Consultant fails to provide supporting documentation for any project -related
expense in a monthly invoice, payment of any amount due under such invoice shall be
withheld until such time that Consultant submits the required supporting
documentation such as:
Personnel Cost
a) Time sheets which reflect the percentages of time worked on YRD related project
must be signed the employee and supervisor. Time sheet must be dated within the
appropriate pay period. Electronically submitted timesheets are acceptable as long as
they contain supervisor approval (signed or electronic).
b) Payroll register or copies of paychecks.
c) Invoices and proof of payment for fiinge benefits (if applicable) must be submitted
on a monthly basis
Contractual Services
a) Signed invoices which reflects the appropriate time period, number or hours being
billed (if applicable) and services provided (if applicable).
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b) Proof of payment for consultants and vendors, a copy of a check and bank statement
is required.
c) For subcontractors, you must submit a copy of a bank statement and cancelled check.
Participant Related Cost
a) Invoices much include the date, the company name, and itemization of costs.
Invoices must be dated within the month for which the expenditure report is being
submitted.
b) Receipts for purchased items must be dated within the month for which the
expenditure report is being submitted.
c) Proof of payment, which may be in the form of a copy of a check and bank
statement.
d) Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof of
receipt by the client/family member receiving the incentive. Documentation of
receipt must include name and signature or recipient, source and amount of gift card,
date of receipt, and relationship to client if the recipient is not a client, and a copy of
the front and back of each gift card so that the serial number is visible.
e) Sign in sheets for program events and field trips. Sign in sheet must have event
name, date, and location.
Other Cost
a) Invoices must include the date, the company name, and itemization of costs. Invoices
must be dated within the month for which the expenditure report is being submitted.
b) Receipts for purchased items must be dated within the month for which the
expenditure report is being submitted.
c) Proof of payment, which may be in the form of a copy of a check, credit card receipts
and bank statement
Consultant shall submit monthly invoices to City for approval. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction.
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City shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. The invoice shall describe in detail the services performed and the associated time for
completion.
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION, URBAN
CONSERVATION CORPS
This Agreement is made and entered into by and between the City of San Bernardino, a
charter city and municipal corporation organized and operating under the laws of the State of
California with its principal place of business at Vanir Tower, 290 North D Street, San
Bernardino, CA 92401 ("City"), and Southern California Mountains Foundation, Urban
Conservation Corps, a non-profit public benefit with its principal place of business at 1355 West
26'h Street, San Bernardino, CA 92405 (hereinafter referred to as "Consultant"). City and
Consultant are hereinafter sometimes referred to individually as "Party" and collectively as the
Parties."
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
San Bernardino Youth Reinvestment & Development Program (hereinafter referred to as "the
Project').
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit "A."
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. This is a cost reimbursement contract. Subject to paragraph 4(b) below,
the City shall pay for such services in accordance with the Schedule of Charges set forth in
Exhibit "A."
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b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of $500,000.00 This amount is to cover all related costs,
and the City will not pay any additional fees for printing expenses. Consultant shall submit
monthly invoices to City for approval. Said invoice shall be based on the total of all Consultant's
services which have been completed to City's sole satisfaction. City shall pay Consultant's
invoice within forty-five (45) days from the date City receives said invoice. The invoice shall
describe in detail the services performed and the associated time for completion. Any additional
services approved and performed pursuant to this Agreement shall be designated as "Additional
Services" and shall identify the number of the authorized change order, where applicable, on all
invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the July 1, 2019 and continue through
February 28, 2023 unless the Agreement is previously terminated as provided for herein
Term").
7. Maintenance of Records; Audits.
a. Records of Consultant's services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
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reasonable time of being prevented from performing, give written notice to the other Parry
describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
c. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant's services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City. Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and sub consultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
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addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant's and its subconsultants' policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
Occurrence Form CG 00 01) or exact equivalent.
for the following:
iii) Commercial General Liability Insurance must include coverage
1) Bodily Injury and Property Damage
2) Personal Injury/Advertising Injury
3) Premises/Operations Liability
4) Products/Completed Operations Liability
5) Aggregate Limits that Apply per Project
6) Explosion, Collapse and Underground (UCS exclusion
deleted
7) Contractual Liability with respect to this Contract
8) Broad Form Property Damage
9) Independent Consultants Coverage
iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
v) The policy shall give City, its clected and appointed officials,
officers, employees, agents, and City -designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
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provided that such deductibles shall not apply to the City as an additional insured.
C. Automobile Liability
i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
Coverage Symbol 1, any auto).
iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers' Compensation/Employer's Liability
i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability „(Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
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f. Minimum Policy Limits Required
i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
ii) Defense costs shall be payable in addition to the limits.
iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
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insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims -made policy with a retroactive date subsequent to the
effective date of this Agreement.
iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. Qualifying Insurers
i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than ANII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
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will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirern . Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, "Claims") in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Mcninity Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
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City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et sea. and 1770 et seg., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects. If the Services are being performed as part of an applicable
public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable "public works" or
maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant's sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days' written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
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received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys' Fees. In the event that litigation is brought by any Party in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney's Office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Em}7loruent. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Sandra Bonilla as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
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certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof
CITY: CONSULTANT:
City of San Bernardino Southern California Mountains Foundation
Vanir Tower, 290 North D Street Urban Conservation Corps
San Bernardino, CA 92401 1355 West 26' Street
Attn: City Manager San Bernardino, CA 924015
Attention: Stacy Gorin, CEO
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit "A," represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement. rI
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assiiis. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non -Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
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way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Parry against whom enforcement of a waiver is sought. The
waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only in writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City's Riga to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION, URBAN
CONSERVATION CORP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
7
Teri Led=
City Manager
Approved as to Form:
Approved Form****
Gary D. Saenz
City Attorney
Attested B- -
orgeann a a, CMC
City Clerk
13
CONSULTANT
r
d4
Si ature
Name
Title
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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND OPERATION NEW HOPE
This Agreement is made and entered into by and between the City of San Bernardino, a
charter city and municipal corporation organized and operating under the laws of the State of
California with its principal place of business at Vanir Tower, 290 North D Street, San
Bernardino, CA 92401 ("City"), and Operation New Hope, a non-profit public benefit with its
principal place of business at 323 West 7'' Street, San Bernardino, CA 92401 (hereinafter
referred to as "Consultant"). City and Consultant are hereinafter sometimes referred to
individually as "Party" and collectively as the "Parties."
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
San Bernardino Youth Reinvestment & Development Program (hereinafter referred to as "the
Project').
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incor )oration of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit "A."
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant is familiar with all laws that may affect its performance of
this Agreement and shall advise City of any changes in any laws that may affect Consultant's
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. This is a cost reimbursement contract. Subject to paragraph 4(b) below,
the City shall pay for such services in accordance with the Schedule of Charges set forth in
Exhibit "A."
b. In no event shall the total amount paid for services rendered by Consultant
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under this Agreement exceed the sum of $500,00.00 This amount is to cover all related costs,
and the City will not pay any additional fees for printing expenses. Consultant shall submit
monthly invoices to City for approval. Said invoice shall be based on the total of all Consultant's
services which have been completed to City's sole satisfaction. City shall pay Consultant's
invoice within forty-five (45) days from the date City receives said invoice. The invoice shall
describe in detail the services performed and the associated time for completion. Any additional
services approved and performed pursuant to this Agreement shall be designated as "Additional
Services" and shall identify the number of the authorized change order, where applicable, on all
invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the July 1, 2019 and continue through
February 28, 2023 unless the Agreement is previously terminated as provided for herein
Term").
7. Maintenance of Records; Audits.
a. Records of Consultant's services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
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describing the circumstances preventing continued performance and the efforts being made to
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant's services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assi ent and Subconsultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and sub consultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
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until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant's and its subconsultants' policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
Occurrence Form CG 00 01) or exact equivalent.
for the following:
iii) Commercial General Liability Insurance must include coverage
1) Bodily Injury and Property Damage
2) Personal Injury/Advertising Injury
3) Premises/Operations Liability
4) Products/Completed Operations Liability
5) Aggregate Limits that Apply per Project
6) Explosion, Collapse and Underground (UCS exclusion
deleted
7) Contractual Liability with respect to this Contract
8) Broad Form Property Damage
9) Independent Consultants Coverage
iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City -designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
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C. Automobile Liability
i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
Coverage Symbol 1, any auto).
iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers' Compensation/Employer's Liability
i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability ( Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of" the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Policy Limits Re1uired
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i) The following insurance limits are required for the Agreement:
Combined Sin le Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
ii) Defense costs shall be payable in addition to the limits.
iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
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iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims -made policy with a retroactive date subsequent to the
effective date of this Agreement.
iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its subconsultants.
v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
i. (Qualifying Insurers
i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than ANII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced., City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
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iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Subconsultant Insurance Requirements. Consultant shall not allow any
subcontractors or subconsultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or subconsultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, "Claims') in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obliate. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
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insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California Labor Code Sections 1720 et sea. and 1770 et sea., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects. If the Services are being performed as part of an applicable
public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all subconsultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable "public works" or
maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all subconsultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any subconsultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant's sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eli ibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days' written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
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other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. Attorneys' Fees. In the event that litigation is brought by any Parry in connection
with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing Party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney's Office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
26. Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Russell Degnan as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
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CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Operation New Hope
323 West 7" Street
San Bernardino, CA 92401
Attention: Russell Degnan, CEO
30. Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, ancestry, sex, age or other interests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire AU . This Agreement, including Exhibit "A," represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability_ If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non -Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No waiver
of any provision of this Agreement shall be effective unless in writing and signed by a duly
authorized representative of the Party against whom enforcement of a waiver is sought. The
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waiver of any right or remedy with respect to any occurrence or event shall not be deemed a
waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver
constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headinp-s. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain, or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
38. Amendments. Only in writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City's Ri,- lit to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that
by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND OPERATION NEW HOPE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
Approved By:
Teri Ledoux
City Manager
Approved as to Form:
Approved Form****
Gary D. Saenz
City Attorney
Attested By:
1 George nna, MMC
City Cler
13
CONSULTANT
2
Signature
u 55Z 1 ( )w r P", 0,
Name
t&6
Title
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EXHIBIT A — Scope of Services
Youth Reinvestment & Development Program
The Youth Reinvestment & Development Program (YRD) program is aimed at diverting low-
level offenders from initial contact with the juvenile justice system using approaches that are
evidence -based, culturally relevant, trauma -informed, and developmentally appropriate.
The objective of Youth Reinvestment & Development Program efforts is to provide San
Bernardino youth with supportive services, alternatives to arrest, incarceration, and educational
services, including academic and vocational services, mentoring services, behavioral health
services and mental health services with the sole purpose of diverting youth from the juvenile
justice system.
Consultant Contractor Activities
Consultant shall conduct youth diversion services and related primary and secondary prevention
services with individuals at highest risk of entering or returning to the juvenile justice system by:
a) Ensuring that the primary focus of youth diversion strategies and related
efforts are established through a combination of the YRD:
i. San Bernardino City Crossover Youth Practice Model
ii. Service Coordination & Implementation Team Meetings
iii. YRD Implementation team best practices and principles
suited for San Bernardino to ensure equitable services for
crossover youth.
b) Continuously reviewing youth diversion assignments, activities and strategies
to ensure they reflect the priorities above.
Consultant shall ensure effective and high-quality youth diversion services and related primary
and secondary prevention activities with youth at highest risk of entering the juvenile justice
system by conducting the following activities but not limited to:
a) Participate in the creations of a Youth Reinvestment & Development
Implementation Team. Building individual and group relationships with those at
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highest risk of involvement in juvenile justice system, as indicated by the San
Bernardino City Crossover Youth Practice Model;
b) Provide wraparound case management services to 70 San Bernardino City Youth
annually. Utilizing the Crossover Youth Practice Model, identify, recruit, and
train 70 youth annually in the evidence -based Operation New Hope curriculum;
c) Divert and reduce San Bernardino City youth from the juvenile justice system;
d) Coordinate service provision with the Violence Intervention Program when
appropriate;
e) Data tracking and collection of program activities for all program participants;
f) Secure parental consent forms for minor youth participating in the program;
g) Participate in the development of an YRD Local Evaluation Plan; design,
administer, and analyze pre -post participant surveys;
h) Participate in drafting quarterly program progress reports to the California Board
of State & Community Corrections, City Manager, Mayor and City Council of
San Bernardino;
i) Report to the Office of the City Manager, Violence Intervention Division.
Consultant shall ensure quality implementation of the overall YRD program strategy and,
specifically, the YRD diversion component by:
a) Providing data and information on the above to the City of San Bernardino VIP Program
Manager on, as appropriate, a weekly/semi-weekly/monthly basis in a clear and
organized format for inclusion in YRD program performance reviews;
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b) Employing this case data and information when participating in weekly coordination,
case review and strategy meetings;
c) When appropriate, program activities are carried out in in partnership with the
community and other YRD partners.
d) Actively collaborating with other San Bernardino City stakeholders and partners to divert
San Bernardino Youth away from the juvenile justice system
Schedule of Charles & Reimburse ni e n #
Consultant is responsible for submitting monthly invoices, along with supporting
documentation for every project -related expense in accordance with Section 4 of the
Agreement.
If Consultant fails to provide supporting documentation for any project -related
expense in a monthly invoice, payment of any amount due under such invoice shall be
withheld until such time that Consultant submits the required supporting
documentation such as:
Personnel Cost
a) Time sheets which reflect the percentages of time worked on YRD related project
must be signed the employee and supervisor. Time sheet must be dated within the
appropriate pay period. Electronically submitted timesheets are acceptable as long as
they contain supervisor approval (signed or electronic).
b) Payroll register or copies of paychecks.
c) Invoices and proof of payment for fringe benefits (if applicable) must be submitted
on a monthly basis
Contractual Services
a) Signed invoices which reflects the appropriate time period, number or hours being
billed (if applicable) and services provided (if applicable).
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b) Proof of payment for consultants and vendors, a copy of a check and bank statement
is required.
c) For subcontractors, you must submit a copy of a bank statement and cancelled check.
Participant Related Cost
a) Invoices much include the date, the company name, and itemization of costs.
Invoices must be dated within the month for which the expenditure report is being
submitted.
b) Receipts for purchased items must be dated within the month for which the
expenditure report is being submitted.
c) Proof of payment, which may be in the form of a copy of a check and bank
statement.
d) Receipt for gift cards, prizes, gifts, and/or other forms of incentives, and proof of
receipt by the client/family member receiving the incentive. Agency needs to submit
a form identifying the recipients and amount of gift cards in the monthly expenditure
reports. There must be proof of receipt by the client/family for any gift card that is
distributed. Documentation of receipt must include name and signature or recipient,
source and amount of gift card, date of receipt, and relationship to client if the
recipient is not a client, and a copy of the front and back of each gift card so that the
serial number is visible.
e) Sign in sheets for program events and field trips. Sign in sheet must have event
name, date, and location.
Other Cost
a) Invoices must include the date, the company name, and itemization of costs. Invoices
must be dated within the month for which the expenditure report is being submitted.
b) Receipts for purchased items must be dated within the month for which the
expenditure report is being submitted.
c) Proof of payment, which may be in the form of a copy of a check, credit card receipts
and bank statement
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Consultant shall submit monthly invoices to City for approval. Said invoice shall be based on the
total of all Consultant's services which have been completed to City's sole satisfaction.
City shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. The invoice shall describe in detail the services performed and the associated time for
completion.
IFI
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By: Jim Slobojan, Acting Finance Director
Subject: Approval of Commercial and Payroll Disbursements
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, approve the commercial and payroll disbursements for June 2020.
Background
Completed commercial and payroll disbursement registers are submitted to the Mayor
and City Council for approval. This happens on a regular basis, typically every meeting
for the most recently completed disbursement registers.
The detailed warrant registers are available on the City Website, and are updated weekly
by the Finance Department. The registers may be accessed by copying the following link
into an internet browser: <http://sbcity.org/cityhall/finance/warrant_register.asp>
Discussion
Gross Payroll
Bi-Weekly for June 25, 2020 $2,455,294.33
Monthly for June 15, 2020 11,666.69
Total Payroll Demands: $2,466,961.02
The following check registers are being presented for approval:
June 11, 2020 2019/20 (Register #52)$2,382,652.77
June 18, 2020 2019/20 (Register #53)1,314,472.17
Total commercial check demands:$3,697,124.94
The following Electronic Funds Transfer (EFT) registers presented for approval:
May 21, 2020 2019/20 (Register #920)$804.18
May 27, 2020 2019/20 (Register #921)45,288.54
May 29, 2020 2019/20 (Register #922)486,945.28
June 4, 2020 2019/20 (Register #923-#924)2,351.72
June 8, 2020 2019/20 (Register #925)1,402,031.87
June 10, 2020 2019/20 (Register #926-#927)581,599.07
Total commercial EFT demands:$2,519,020.66
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2020-2025 Strategic Targets and Goals
Approval of the noted check and EFT registers for commercial and payroll
disbursements align with Goal No. 1 Financial Stability by creating a framework for
spending decisions.
Fiscal Impact
Amounts noted in the disbursement registers have no further fiscal impact. Amounts
were paid consistent with existing budget authorization and no further budgetary impact
is required.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
approve the commercial and payroll disbursements for June 2020.
Attachments
Attachment 1 Payroll checks for June 2020
Attachment 2 Commercial checks for Registers #52-53
Attachment 3 Commercial EFT Registers #920-927
Ward:
Synopsis of Previous Council Actions:
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Jim Tickemyer, Parks, Recreation, & Community Services
Director
Subject: Resolution Ratifying the Grant Application Submittal and
Accepting Grant Award for SCP
Recommendation
Adopt Resolution No. 2020-170 of the Mayor and City Council of the City of San
Bernardino, California, ratifying the Grant Application submittal, accepting the Grant
Award of $324,812, and authorizing the Director of Finance or designee to amend the
FY 2020/21 adopted budget to reflect grant revenue and expenditures accordingly for
the Senior Companion Program (SCP) for the period of July 1, 2020 th rough June 30,
2021.
Background
For the past ten (10) fiscal years, the Corporation for National and Community Service
(CNCS) has awarded grant funding to the City of San Bernardino, Parks, Recreation
and Community Services Department for the Senior Compa nion Program. Since 1975,
Senior Companions have assisted the City’s adult residents with physical, emotional,
and/or mental health limitations, most of who are elderly. In FY 2019/20, approximately
36 Senior Companions provided 122 clients with 45,031 hours of personal service.
Discussion
Senior Companion volunteers provide the following services: companionship, meal
preparation, grocery shopping, and transportation to medical appointments and
pharmacies. They serve between 15 to 40 hours per week and re ceive an hourly
stipend of $3.00 per hour (up from $2.64 per hour on April 1, 2020). Companions must
be 55 years of age or older and meet established income eligibility guidelines. In
addition to the stipends, Senior Companions receive the following incent ives: accidental
liability and excess automobile insurance coverage, assistance with the cost of
transportation, and onboarding physical examinations.
The FY 2020/21 Grant Award of $324,812 is for the period of July 1, 2020 through June
30, 2021, and is Year Three of a 3-year grant cycle. The CNCS requires an annual on-
line submittal of the grant application, proposed budget, and narrative of the proposed
administration and operation of the Senior Companion Program. A proposed budget is
attached to the grant which specifies the City’s grant match obligation. The grant match
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requirement is a minimum of 10% of the total awarded amount. These funds are
included in the City’s FY 2020/21 adopted budget.
2020-2025 Key Strategic Targets and Goals
The grant submission for the Senior Companion Program aligns with Key Target 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 implementing a community engagement plan that builds a culture that
attracts, retains, and motivates the highest quality volunteers; Key Target No 3:
Improved Quality of Life by providing assistance to seniors in the community; and, Key
Target No 4: Economic Growth and Development by using federal grant funding to
develop a branding and marketing campaign to recruit volunteers that provide
assistance to our most vulnerable citizens as we have for the past 45 years.
Fiscal Impact
Amend the FY 2020/21 adopted budget in Account No. 123-380-0509 to reflect grant
revenue and expenditures in the amount of $324,812. The FY 2020/21 adopted budget
includes City-funded program costs in Account No. 001-380-0509 to fulfill the City’s
grant match obligation in the amount of $85,144.00, and to fund the program at the level
it has historically operated.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-170 ratifying the Grant Application submittal,
accepting the Grant Award of $324,812, and authorizing the Director of Finance or
designee to amend the FY 2020/21 adopted budget to reflect grant revenue and
expenditures accordingly for the Senior Companion Program (SCP) for the period of
July 1, 2020 through June 30, 2021.
Attachments
Attachment 1 Resolution 2020-170; Exhibit A - SCP FY 2020/2021 Grant
Renewal Application for Federal Assistance
Attachment 2 SCP FY 2020/2021 Notice of Grant Award
Attachment 3 SCP FY 2020/2021 Grant Budget & Budget Narrative
Ward: All
Synopsis of Previous Council Actions:
September 18, 2019 Mayor and City Council Approved Resolution No: 2019-291
ratifying the grant application submittal, accepting the grant
award of $302,177 and related match requirements,
appropriate grant revenue expenditures, and re-allocating
grant match expenditures for the Senior Companion
Program for the period of July 1, 2019 through June 30,
2020.
August 1, 2018 Mayor and City Council approved Resolution No: 2019-219
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ratifying the grant application submittal, accepting the grant
award of $ 287,788 and related match requirements,
appropriate grant revenue expenditures, and re-allocating
grant match expenditures for the Senior Companion
Program for the period of July 1, 2018 through June 30,
2019.
August 16, 2017 Mayor and City Council approved Resolution No. 2017-152
ratifying the grant application submittal accepting the grant
award of $ 287,788 and related match requirements,
appropriate grant revenue expenditures, and re-allocating
grant match expenditures for the Senior Companion
Program for the period of July 1, 2017 through June 30,
2018.
June 20, 2016 Mayor and Common Council approved Resolution No. 2016 -
120 ratifying the grant application submittal, accepting the
grant award of $ 287,788 for Year Two of a Three Year grant
continuation and appropriate grant expenditures with the
Corporation for National Community Service for the Senior
companion Program in the amount of $ 341,236 for the
period of July 1, 2016 through June 30, 2017
July 6, 2015 Mayor and Common Council approved Resolution No.
2015-142 ratifying the grant application submittal, accepting
the grant award for Year one of a Three-year grant
continuation and appropriate grant expenditures from t he
Corporation for National and Community Service for the
Senior Companion Program in the amount of $ 287,788 for
the period of July 1, 2015 through June 30, 2016.
15
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RESOLUTION NO. 2020-170
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING THE GRANT APPLICATION SUBMITTAL,
ACCEPTING THE GRANT AWARD OF $324,812, AND
AUTHORIZING THE DIRECTOR OF FINANCE OR
DESIGNEE TO AMEND THE FY 2020/21 ADOPTED
BUDGET ACCORDINGLY FOR THE SENIOR
COMPANION PROGRAM FOR THE PERIOD OF JULY 1,
2020 THROUGH JUNE 30, 2021
WHEREAS, the City submitt ed a Grant Continuation application for federal assistance
requesting funding for Year Three of a Three (3) Year Grant Allocation for the Senior
Companion Program; and
WHEREAS, the Notice of Grant Award was received by the City for the Senior
Companion Pro gram on June 8, 2020.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby ratify the grant application submittal
for Year Three of the t hree (3) year Grant Continuation for the Senior Companion Program
(SCP), which is attached hereto as Exhibit “A”, and incorporated herein by reference.
SECTION 3. The Mayor and City Council hereby accept the grant award of $3 24,812 to
continue the administration and operation o f the Senior Companion Program for the period of
July 1, 2020 through June 30, 2021, a copy of which is attached hereto, marked as Attach ment 2
and incorpo rated herein by reference.
SECTION 4. The Mayor and City Council hereby authorize the Director of Finance or
designee to amend the FY 2020/21 adopted budget to reflect grant revenue and expenditures in
the amount of $324,812.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
15.a
Packet Pg. 868 Attachment: PR.Senior Compantion Program Grant Allocation FY2020-21.RESOLUTION (6811 : Resolution Ratifying the Grant Application
Resolution No. 2020-170
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
15.a
Packet Pg. 869 Attachment: PR.Senior Compantion Program Grant Allocation FY2020-21.RESOLUTION (6811 : Resolution Ratifying the Grant Application
Resolution No. 2020-170
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
15.a
Packet Pg. 870 Attachment: PR.Senior Compantion Program Grant Allocation FY2020-21.RESOLUTION (6811 : Resolution Ratifying the Grant Application
15.b
Packet Pg. 871 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 872 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 873 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 874 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 875 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 876 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 877 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 878 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 879 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 880 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 881 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 882 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 883 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 884 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 885 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.b
Packet Pg. 886 Attachment: PR.Senior Companion Program Grant Allocation.ATTACHMENT 1.EXHIBIT A. SCP 2020-21 Application For Federal Assistance
15.c
Packet Pg. 887 Attachment: PR.Senior Companion Program Grant Allocation FY2020-21.ATTACHMENT 2. Notice of Grant Award SCP 2020-21 (6811 :
15.c
Packet Pg. 888 Attachment: PR.Senior Companion Program Grant Allocation FY2020-21.ATTACHMENT 2. Notice of Grant Award SCP 2020-21 (6811 :
15.c
Packet Pg. 889 Attachment: PR.Senior Companion Program Grant Allocation FY2020-21.ATTACHMENT 2. Notice of Grant Award SCP 2020-21 (6811 :
15.d
Packet Pg. 890 Attachment: PR.Senior Companion Program Grant Allocation FY2020-21.ATTACHMENT 3. SCP FY2020-2021 Grant Budget & Budget Narrative
15.d
Packet Pg. 891 Attachment: PR.Senior Companion Program Grant Allocation FY2020-21.ATTACHMENT 3. SCP FY2020-2021 Grant Budget & Budget Narrative
15.d
Packet Pg. 892 Attachment: PR.Senior Companion Program Grant Allocation FY2020-21.ATTACHMENT 3. SCP FY2020-2021 Grant Budget & Budget Narrative
15.d
Packet Pg. 893 Attachment: PR.Senior Companion Program Grant Allocation FY2020-21.ATTACHMENT 3. SCP FY2020-2021 Grant Budget & Budget Narrative
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Page 1
Staff Report
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Purchase and Sale Agreement for 1256 Wall Ave
Recommendation
Adopt Resolution No. 2020-175 of the Mayor and City Council of the City of San
Bernardino, California, in the capacity as the Successor Agency to the Redevelopment
Agency of the City of San Bernardino, approving the Purchase and Sale Agreement and
Joint Escrow Instructions between the Successor Agency and Jeannette C. Okada with
respect to the real property located at 1256 Wall Avenue, San Bernardino, California
(APN 0146-241-07) and approving certain related actions.
Background
Pursuant to Health and Safety Code (“HSC”) § 34172 (a) (1), the Redevelopment
Agency of the City of San Bernardino was dissolved on February 1, 2012. Consistent
with the provisions of the HSC, on January 9, 2012 , the Mayor and City Council of the
City of San Bernardino elected to serve in the capacity of the Successor Agency to the
Redevelopment Agency of the City of San Bernardino (the “Successor Agency”). The
City’s Oversight Board for the Successor Agency (the “Oversight Board”) was
established pursuant to HSC § 34179 to assist in the wind -down of the dissolved
redevelopment agency through June 30, 2018. By operation of California Law, the
Oversight Board was dissolved on June 30, 2018 and Oversight Board responsibiliti es
with respect to San Bernardino County-based successor agencies were transferred to
the County-Wide Oversight Board on July 1, 2018.
On September 15, 2015, the Successor Agency submitted its Oversight Board -
approved Long-Range Property Management Plan (the “LRPMP”) to the California
Department of Finance (“DOF”). On December 31, 2015, DOF approved the
Successor Agency’s LRPMP and notified the Successor Agency that pursuant to HSC
§ 34191.3, the approved LRPMP shall govern, and supersede all other provisions of the
HSC relating to the disposition and use of all the real property assets of the former
redevelopment agency. The approved LRPMP, which addresses the disposition and
use of the real property assets then held by the Successor Agency, included 230
parcels of land grouped into forty-six (46) separate sites, nineteen (19) of which were
designated as government use sites, seven (7) of which are designated as future
development sites and twenty (20) of which were designated to be sold.
16
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6814
Page 2
The Successor Agency is the owner of that certain real property located at 1256 Wall
Avenue, San Bernardino, California (APN 0146-241-07) (the “Property”). Within the
LRPMP, the Property is: (I) identified as Site No. 37; (ii) described as an approximately
0.17-acre vacant lot zoned Residential; (iii) designated for sale; and (iv) more fully
described within Exhibit "A" attached to the Resolution, which is an excerpt from the
LRPMP.
On March 6, 2017, the Successor Agency Board approved the original Property
Disposition Strategy, which among other things, authorized a competitive process that
would result in listing 18 real property sites for sale with a real estate broker (two of
which are owned by the City of San Bernardino). On August 16, 2017, the Successor
Agency Board approved the “Amended Property Disposition Strategy” that: (I) reduced
the number of real property sites to be listed with a real estate broker from 18 to 16 (one
of which is owned by the City of San Bernardino); (ii) provided for an alternate method o f
real property disposition for the two real property sites removed from the group to be
listed with a real estate broker; (iii) where applicable, provided a current status update
on completed and pending real property transfers; and (iv) established an Es crow and
Title Administrative Management Fee to allow the City to recover a portion of the cost of
its services with respect to the management of the sale of real property assets.
Consistent with the amended Property Disposition Strategy, on October 18, 2017, the
Successor Agency approved an agreement with Keller Williams (the “KW Agreement”)
to list and sell 15 real property sites of the Successor Agency (the City entered into a
separate agreement with Keller Williams for its single real property site). The Property
is included within the KW Agreement. As a part of the KW Agreement, KW is required
to prepare of a Broker’s Opinion of Value (the “BOV”) for each property that is to be
sold. Based on past practice, DOF has acknowledged that BOVs are an ac ceptable
method and basis for confirming that the value of real property being sold is fair and
reasonable.
Discussion
In response to the listing, KW received, thoroughly reviewed, and vetted two (2) offers to
purchase the Property, including an October 3, 2019, offer from Estela Mata, Trustee of
Sunrise Trust to purchase the Property for $45,000. However, after approvals were
received from the City, CWOB, and DOF to sell the Property for $45,000, Ms. Mata
withdrew her offer in May 2020, stating financial hardship due to the Covid-19 Pandemic.
In response to the re-listing of the Property, KW received, thoroughly reviewed, and vetted
two (2) offers to purchase the Property. On June 15, 2020, Jeannette Okada offered to
purchase the Property for $47,000 (the “Purchase Price”) (a copy of the offer is attached
to the Resolution as Exhibit “B”). KW has confirmed that Ms. Okada is a credible buyer
capable of purchasing the Property and has recommended that the Successor Agency
consider Ms. Okada’s purchase offer.
On June 26, 2020, KW confirmed that in its opinion, the October 1, 2019, BOV as
submitted previously, confirms the market value of the Property is still $35,700 (the “BOV
Market Value”). In consideration that the Purchase Price exceeds the BOV Market Value
16
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Page 3
by $11,300, or 32%, it may be concluded that the purchase price offered by Ms. Okada for
the Property is fair and reasonable, as more fully described within the BOV, a copy of
which is attached to the Resolution as Exhibit “C.”
The Purchase and Sale Agreement and Joint Escrow Instructions (the “Purchase and
Sale Agreement”) between the Successor Agency and Jeannette C. Okada with
respect to the Property, is attached to the Resolution as Exhibit “D” and to this Staff
Report as Attachment “2.” Consistent with the provisions of the HSC and the LRPMP,
the effectiveness of the Purchase and Sale Agreement is subject to the approval of the
Oversight Board and review by DOF. Since the previous approvals of the CWOB and
DOF were received (March 3, 2020 as Resolution No. 2020-25, and letter from DOF
dated April 29, 2020, respectively) and concern the purchase price of the Property, not
the Buyer, there is no need to return to the CWOB and DOF for approvals since the
Purchase Price exceeds the purchase price that was previously approved.
The Purchase and Sale Agreement is not subject to environmental review under the
California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines (Cal.
Code Regs., § 15000 et seq.) Section 15060 (c) (3). Pursuan t to State CEQA
Guidelines Section 15060 (c) (3), approval of the Resolution does not constitute a
project under CEQA as it has no potential to result in a direct or reasonably foreseeable
indirect physical change in the environment. It involves a simple transfer of property
ownership.
2020-2025 Key Strategic Targets and Goals
Approval of the Purchase and Sale Agreement Property aligns with Key Target No. 3:
Improve Quality of Life. The sale of the Property will remove blight and improve the
surrounding neighborhood.
Fiscal Impact
No General Funds were used in processing of this action since the Property was a
former Redevelopment Agency asset and the costs were covered by the Recognized
Obligation Schedule. Once the Property is sold and after the ne t proceeds of sale are
transferred to the San Bernardino County Auditor-Controller, the San Bernardino
County Auditor-Controller will divide and pay the net proceeds to the affected taxing
entities in proportion to their respective shares of the 1% general tax levy.
Conclusion
It is recommended that the Mayor and City Council, of the City of San Bernardino,
California, in the capacity as the Successor Agency to the Redevelopment Agency of
the City of San Bernardino, adopt Resolution No. 2020 -175 approving the Purchase and
Sale Agreement and Joint Escrow Instructions between the Successor Agency and
Jeannette C. Okada with respect to the real property located at 1256 Wall Avenue, San
Bernardino, California (APN 0146-241-07), and approving certain related actions.
Attachment
Attachment 1 Resolution 2020-175
Attachment 2 Narrative for Site No. 37, Excerpt from LRPMP (pgs. 176-179)
16
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Attachment 3 Offer to Purchase Property
Attachment 4 Broker’s Opinion of Value
Attachment 5 PSA and Joint Escrow Instructions
Attachment 6 Original Purchase and Sale Agreement
Ward: 2
Synopsis of Previous Actions:
July 1, 2020 Mayor and City Council, in its capacity as the Successor Agency,
directed Successor Agency staff to proceed with the negotiation
and sale of the property to Jeannette C. Okada.
16
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RESOLUTION NO. 2020-175
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO ACTING AS THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO
APPROVING THE PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS BETWEEN THE
SUCCESSOR AGENCY TO THE REDEVELOPMENT
AGENCY OF THE CITY OF SAN BERNARDINO AND
JEANNETTE C. OKADA WITH RESPECT TO THE REAL
PROPERTY LOCATED AT 1256 N. WALL AVENUE, SAN
BERNARDINO, CALIFORNIA (APN 0146-241-07); AND
APPROVING CERTAIN RELATED ACTIONS
WHEREAS, pursuant to Health and Safety Code (the “HSC”) § 34172 (a) (1), the
Redevelopment Agency of the City of San Bernardino was dissolved on February 1, 2012; and
WHEREAS, consistent with the provisions of the HSC, on January 9, 2012 the Mayor
and City Council of the City of San Bernardino elected to serve in the capacity of the Successor
Agency to the Redevelopment Agency of the City of San Bernardino (the “Successor Agency ”);
and
WHEREAS, the Oversight Board for the Successor Agency (the “Oversight Board”)
was established pursuant to HSC § 34179 to assist in the wind-down of the dissolved
redevelopment agency through June 30, 2018; and
WHEREAS, consistent with HSC section 34179 (j), by operation of California Law, the
Oversight Board was dissolved on June 30, 2018 and Oversight Board responsibilities with
respect to San Bernardino County-based successor agencies were transferred to the County-Wide
Oversight Board (“CWOB”) on July 1, 2018; and
WHEREAS, on September 15, 2015, the Successor Agency submitted its Oversight
Board-approved Long-Range Property Management Plan (the “LRPMP”) to the California
Department of Finance (“DOF”); and
WHEREAS, on December 31, 2015, the DOF approved the Successor Agency’s
LRPMP and notified the Successor Agency that pursuant to HSC § 34191.3, the approved
LRPMP shall govern, and supersede all other provisions relating to the disposition and use of all
the real property assets of the former redevelopment agency; and
WHEREAS, the approved LRPMP, which addresses the disposit io n and use of the rea l
propert y assets held by the Successor Agency, includes 230 parcels of land grouped into forty-
six (46) separate sites, nineteen (19) of which were designated as government use sites, seven
(7) of which are designated as future development sites and twenty (20) of which were
designated to be sold ; and
16.a
Packet Pg. 899 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave Resolution (6814 : Purchase and Sale Agreement for 1256 Wall Ave)
Resolution No. 2020-175
2
WHEREAS, the Successor Agency is the owner of that certain real property located at
1256 N. Wall Avenue, San Bernardino, California (APN 0146-241-07) (the “Property”); and
WHEREAS, within the LRPMP, the Property is: (i) identified as Site No. 34; (ii)
described as an approximately 0.17-acr e vacant lot zoned Residential; (iii) designated for sale; and
(iv) more fully described in Exhibit "A" attached hereto, which is an excerpt from the LRPMP; and
WHEREAS, on March 6, 2017, the Successor Agency Board approved the original
Property Disposition Strategy, which among other things, authorized a competitive pro cess that
would result in listing for sale of 18 real property sites with a real estate broker (two of which
are owned by the City of San Bernardino); and
WHEREAS, on August 16, 2017, the Successor Agency Board approved the
“Amended Property Disposition Strategy,” which: (i) reduced the number of real property sites
to be listed with a real estate broker from 18 to 16 (one of which is owned by the City of San
Bernardino); (ii) provided for an alternate method of real property disposition for the two real
property sites removed from the group to be listed with a real estate broker ; (iii) where
applicable, provided a current status update on completed and pending real property transfers;
and (iv) established an Escrow and Title Administrative Management Fee to allow the City to
recover a portion of the cost of its services with respect to the management of the sale of real
property assets; and
WHEREAS, consistent with the amended Property Disposition Strategy, on October
18, 2017, the Successor Agency approved an agreement with Keller Williams (the “KW
Agreement”) to list and sell 15 real property sites of the Successor Agency (the City entered into
a separate agreement with Keller Williams for its single real property site); and
WHEREAS, the Property is included within the KW Agreement; and
WHEREAS, as a part of the KW Agreement, KW is required to prepare of a Broker’s
Opinion of Value (the “BOV”) for each property that is to be sold; and
WHEREAS, based on past practice, the DOF has acknowledged that BOVs are an
acceptable method and basis for confirming that the value of real property being sold is fair and
reasonable; and
WHEREAS, in response to the listing, KW received, thoroughly reviewed and vetted two
(2) offers to purchase the Property; and
WHEREAS, on October 3, 2019, Estela Mata, Trustee of Sunrise Trust offered to
purchase the Property for $45,000; and
WHEREAS, after approvals were received from the City, CWOB, and DOF to sell the
Property for $45,000, Ms. Mata withdrew her offer in May 2020, stating financial hardship due to
the Covid-19 Pandemic; and
WHEREAS, in response to the re-listing of the Property, KW received, thoroughly
reviewed, and vetted two (2) offers to purchase the Property; and
16.a
Packet Pg. 900 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave Resolution (6814 : Purchase and Sale Agreement for 1256 Wall Ave)
Resolution No. 2020-175
3
WHEREAS, on June 15, 2020, Jeannette Okada offered to purchase the Property for
$47,000 (the “Purchase Price”) (a copy of the offer is attached to this Resolution as Exhibit “B”);
and
WHEREAS, KW has confirmed that Ms. Okada is a credible buyer capable of purchasing
the Property and has recommended that the Successor Agency consider Ms. Okada’s purchase
offer; and
WHEREAS, on June 26, 2020 KW confirmed that in its opinion, the October 1, 2019,
BOV as submitted previously, confirms the market value of the Property is still $35,700 (the “BOV
Market Value”); and
WHEREAS, in consideration that the Purchase Price exceeds the BOV Market Value by
$11,300, or 32%, it may be concluded that the purchase price offered by Ms. Okada for the
Property is fair and reasonable, as more fully described within the BOV, a copy of which is
attached to this Resolution as Exhibit “C”; and
WHEREAS, this Resolution will approve the Purchase and Sale Agreement and Joint
Escrow Instructions (the “Purchase and Sale Agreement”) between the Successor Agency and
Ms. Okada with respect to the Property, a copy of which is attached to this Resolution as Exhibit
“D,” and authorize certain related actions; and
WHEREAS, consistent with the provisions of the HSC and the LRPMP, the
effectiveness of the Purchase and Sale Agreement is subject to the approval of the CWOB and
review by DOF; and
WHEREAS, since the previous approvals of the CWOB and DOF were received
(March 3, 2020 as Resolution No. 2020-25, and letter from DOF dated April 29, 2020,
respectively) and concern the purchase price of the Property, not the Buyer, there is no need to
return to the CWOB and DOF for approvals since the Purchase Price exceeds the purchase price
that was previously approved ; and
WHEREAS, all of the prerequisites with respect to the approval of this Resolution have
been met.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY 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 Purchase Price for the Property is determined to be fair and reasonable.
SECTION 3. The Purchase and Sale Agreement between the Successor Agency and
Jeannette C. Okada, for the purchase and sale of the Property, attached hereto as Exhibit “D,” is
approved.
16.a
Packet Pg. 901 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave Resolution (6814 : Purchase and Sale Agreement for 1256 Wall Ave)
Resolution No. 2020-175
4
SECTION 4. On behalf of the Successor Agency, the City Manager, in the capacity as
Executive Director of the Successor Agency, or designee, is authorized to execute the Purchase
and Sale Agreement and the grand deed, the form of which is attached to the Purchase and Sale
Agreement, and to take such other actions and execute such other documents as are necessary to
effectuate and close the purchase and sale of the Property a nd as may otherwise be required to
fulfill the intent of this Resolution.
SECTION 5. The Successor Agency determines this Resolution is not subject to
environmental review under the California Environmental Quality Act (“CEQA”) pursuant to
State CEQA Guide lines (Cal. Code Regs., § 15000 et seq.) section 15060 (c) (3). Pursuant to
State CEQA Guidelines section 15060 (c) (3), approval of this Resolution does not constitute a
project under CEQA as it has no potential to result in a direct or reasonably forese eable indirect
physical change in the environment .
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This resolution shall take effect immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ____ day of July 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
16.a
Packet Pg. 902 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave Resolution (6814 : Purchase and Sale Agreement for 1256 Wall Ave)
Resolution No. 2020-175
5
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-175, adopted at a regular meeting held on the ____ day of July
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 15th day of July 2020.
Genoveva Rocha, CMC, Acting City Clerk
16.a
Packet Pg. 903 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave Resolution (6814 : Purchase and Sale Agreement for 1256 Wall Ave)
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
176
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
Address:
APN:
1256 Wall Avenue
0146-241-07 N.Sepulveda AvenueE.13th Street
N.Wall Avenue16.b
Packet Pg. 904 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Narrative for Site No. 37. Attachement 2 (6814 : Purchase and Sale Agreement for
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
177
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
A.Permissible Use (HSC § 34191.5 (c) (2)):
Site No. 37 is the Vacant Wall Avenue Residential Property (the “Vacant Residential Property”)
and is proposed to be sold by the Successor Agency.
B.Acquisition of Property (HSC § 34191.5 (c) (1) (A) and § 34191.5 (c) (1) (B)):
Property records indicate that the Vacant Residential Property was acquired by the Agency in
January 2010, and carries a Book Value of $5,450. The Vacant Residential Property was acquired
by the Agency in order to meet the revitalization goals of City and the Agency to alleviate the
existence and spread of physical and economic blight. The estimated current value (the “ECV”) of
the Vacant Residential Property is approximately $117,000.
C.Site Information (HSC § 34191.5 (c) (1) (C)):
The Vacant Residential Property consists of one (1) 0.17-acre parcel (APN 0146-241-07) located
at 1256 Wall Avenue. The Vacant Residential Property is zoned Residential Medium (RM). The
RM designation is intended to promote the development of single-family detached units in a
suburban setting with a minimum lot size of 7,200 square feet, and a maximum density of 4.5 units
per net acre.
D.Estimated Current Value (HSC § 34191.5 (c) (1) (D)):
To determine an ECV for the Vacant Residential Property, in January 2015, the Agency conducted
a comparable sales analysis through the National Data Collective. The ECV was determined to be
approximately $117,000.
Local factors were not taken into consideration in determining the ECV of this site. The ECV is
only a rough estimate that was obtained from an on-line source where only comparable sales data
are available. It is not possible to include environmental issues or any other special or unique factors
into simple ECV calculations, as such data are not available from the source. Therefore, the actual
value of the property may vary significantly from the ECV. The Successor Agency notes that in
the environment of AB 1484, it may not be possible to achieve appraised values. The Successor
Agency will be in charge of the process seeking to achieve successful marketing of properties, and
will act with reasonable diligence. However, the constraints and environment of AB 1484 militate
against maximizing prices. The actual sales prices to be realized will be a function of what a willing
buyer is willing to pay under circumstances where there will be no seller financing and dispositions
will be subject to Oversight Board approval. There is no reason to think that book values will be
realized.
E.Site Revenues (HSC § 34191.5 (c) (1) (E)):
There are no site revenues generated from the Vacant Residential Property.
F.History of Environmental Contamination (HSC § 34191.5 (c) (1) (F)):
There is no known history of environmental contamination.43
43 http://geotracker.waterboards.ca.gov/map/?CMD=runreport&myaddress=1256+w.+wall+av+san+bernardino
16.b
Packet Pg. 905 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Narrative for Site No. 37. Attachement 2 (6814 : Purchase and Sale Agreement for
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
178
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
G.Potential for Transit Oriented Development (TOD) and the Advancement of Planning Objectives
of the Successor Agency (HSC § 34191.5 (c) (1) (G)):
There is no potential for a TOD in conjunction with Vacant Residential Property.
Selling the Vacant Residential Property advances the planning objectives of the Successor Agency
and the City to develop and revitalize this area of the community through the creation of
opportunities for private investment in the City.
H.History of Previous Development Proposals and Activity (HSC § 34191.5 (c) (1) (H)):
There is no history of previous development proposals or activities in conjunction with the Vacant
Residential Property.
I.Disposition of Property:
The Successor Agency proposes to sell the Vacant Residential Property in accordance with the
Successor Agency’s policies and procedures for property disposition as shown in Exhibit “A”
Section I. Purchase and Sale Procedures.
The ECV of the Vacant Residential Property is approximately $117,000.
Date of estimated current value – January 2015
Value Basis – The ECV was determined by a comparable sales analysis using the National
Data Collective subscription service. The ECV is approximately $117,000.
Local factors that may affect land value were not taken into consideration. Therefore, the actual
value of the property may vary greatly from the ECV. The ECV is only a planning number
and should not be relied upon as a basis for actual value.
Proposed sale date – TBD and subject to the Successor Agency’s implementation of its policies
and procedures for property disposition as shown in Exhibit “A.”
Proposed sale value – TBD and subject to a fair market appraisal conducted by a licensed
appraiser.
The Successor Agency notes that in the environment of AB 1484, it may not be possible to achieve
appraised values. The Successor Agency will be in charge of the process seeking to achieve
successful marketing of properties, and will act with reasonable diligence. However, the
constraints and environment of AB 1484 militate against maximizing prices. The actual sales prices
to be realized will be a function of what a willing buyer is willing to pay under circumstances where
there will be no seller financing and dispositions will be subject to Oversight Board approval. There
is no reason to think that book values will be realized.
16.b
Packet Pg. 906 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Narrative for Site No. 37. Attachement 2 (6814 : Purchase and Sale Agreement for
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
Long-Range Property Management Plan
September 2015
Amended December 2015
Site No. 37: Vacant Wall Avenue Residential Property
179
V. Property to be Sold
Site No. 37 - Vacant Wall Avenue Residential Property
J.Implementation of the Long-Range Property Management Plan:
Following the approval of the LRPMP by the DOF, the Successor Agency will implement the
LRPMP.
For properties to be sold, implementation will include distribution of any land sales proceeds for
enforceable obligations and/or distributed as property tax to the taxing entities. Due to the vagaries
associated with the sale of land, such as uncertainties concerning the timing of sale and the price
that would be realized, it is not feasible to precisely state in the LRPMP how the funds will be used.
In that regard, once an agreement is reached with respect to the purchase and sale of a property, the
agreement will be presented to the Oversight Board for concurrence. The Oversight Board’s
approval will be evidenced by a resolution that will be submitted to DOF and, per the HSC, is
subject to DOF’s review. That resolution will include or refer to a staff report which describes with
greater particularity, once more facts are known, how the proceeds of sale will be distributed. As
noted in Section I – Introduction of the LRPMP, the LRPMP provides that proceeds of the sale may
be used for enforceable obligations and/or distributed as property tax to the taxing entities through
the County Auditor-Controller. The need to retain some or all of the proceeds of sale for
enforceable obligations will depend on whether there is a short-fall in RPTTF in the ROPS cycle
during which the escrow is anticipated to close. If a short-fall were to occur in the RPTTF at that
time, then all or a portion of the sale proceeds should be used to fulfill an enforceable obligation
with any remaining sale proceeds then distributed as property tax to the taxing entities through the
County Auditor-Controller. If there is not a short-fall in RPTTF at the time of close of escrow,
then land sale proceeds would be distributed as property tax to the taxing entities through the
County Auditor-Controller in a manner described at the time of Oversight Board approval as to a
particular property sale. Since it is impossible to foresee when and if a short-fall in the RPTTF
may occur, or when the property will be sold, the use of the sale proceeds cannot be specifically
determined at this time and, therefore, cannot be stated with greater particularity in the LRPMP.
However, it is clear that at the time a sale takes place, the sale will be brought back to the Oversight
Board and will be subject to review.
16.b
Packet Pg. 907 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Narrative for Site No. 37. Attachement 2 (6814 : Purchase and Sale Agreement for
16.c
Packet Pg. 908 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 909 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 911 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 913 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 914 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 915 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 916 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
16.c
Packet Pg. 917 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
16.c
Packet Pg. 918 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 919 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 920 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
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Packet Pg. 921 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
16.c
Packet Pg. 922 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
16.c
Packet Pg. 923 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
16.c
Packet Pg. 924 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
16.c
Packet Pg. 925 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Offer to Purchase Property.Attachement 3 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 926 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 927 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 928 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 929 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 930 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 931 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 932 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 933 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 934 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 935 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 936 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 937 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 938 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 939 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 940 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 941 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 942 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 943 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 944 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 945 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 946 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 947 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 948 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 949 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 950 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 951 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 952 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
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Packet Pg. 953 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
16.d
Packet Pg. 954 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
Keller Williams Realty
1473 Ford Stree, Suite 200
Redlands, CA 92373
HEATH M. HILGENBERG
1473 Ford Street, Suite 200
Redlands, CA 92373
760.413.4922
HeathH@kw.com
Real Estate Qualifications:
1998 – Obtained California Real Estate Salesperson License
2004 – President, California Desert Association of REALTORS
2001 – 2011 – Director, California Association of REALTORS
2004 – 2011 – Director, National Association of REALTORS
2009 – Chair, Legislative Committee, California Association of REALTORS
2010 – Obtained California Real Estate Broker License
2010- Present: Broker/Owner of Keller Williams Realty Redlands
Education:
1995 – Bachelor of Science Degree, St. Norbert College, DePere, Wisconsin
Interests:
Books, Movies, Sports, Fitness
16.d
Packet Pg. 955 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.Broker's Opinion of Value.Attachement 4 (6814 : Purchase and Sale Agreement
PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: Successor Agency to the Redevelopment Agency of the
City of San Bernardino
BUYER: Jeannette Okada
DATED: July 15, 2020
(1256 Wall Avenue, San Bernardino, California APN 0146-241-07)
16.e
Packet Pg. 956 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.PSA and Joint Escrow Instrcutions.Attachement 5 (6814 : Purchase and Sale
BASIC TERMS
Buyer: Jeannette Okada
Buyer’s Address: 17881 Calle Barcelona
Rowland Heights, CA 91748
Tel: 949-355-4565
Email: jcokada@yahoo.com
City: The City of San Bernardino
Closing Contingency Date: November 4, 2020
Closing Date (or Closing) Estimated to occur by September 17, 2020, but not later than the
Outside Date
Deed: A grant deed in the form of Exhibit “B” hereto
Effective Date: July 15, 2020
Opening of Escrow: July 30, 2020
Escrow Holder: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
Direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another escrow holder mutually acceptable to Buyer and Seller)
Independent
Consideration Amount: Two Hundred Dollars ($200.00)
Outside Date: November 21, 2020; provided that such date may be extended by
mutual writing agreement by Seller and Buyer
Purchase Price: Forty-Seven Thousand Dollars ($47,000)
Real Property: That property described in Exhibit “A” hereto; the subject property is
sometimes referred to as APN 0146-241-07
Seller: Successor Agency to the Redevelopment Agency of the City of San
Bernardino
Seller’s Address: 290 N. “D” Street – Third Floor
San Bernardino, California 92418
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Packet Pg. 957 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.PSA and Joint Escrow Instrcutions.Attachement 5 (6814 : Purchase and Sale
2
Attention: Teri Ledoux, City Manager
Tel. (909) 384-5122
Fax: (909) 384-5138
Email: Ledoux_Te@sbcity.org
Soil and Title Contingency
Date: April 2, 2020
Title Company: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another title company mutually acceptable to Buyer and Seller)
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Packet Pg. 958 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.PSA and Joint Escrow Instrcutions.Attachement 5 (6814 : Purchase and Sale
3
PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is made and entered into as of July 15, 2020 (the “Effective
Date”) by and between Seller and Buyer.
RECITALS
A. Seller is the fee owner of the Real Property. The Real Property is approximately
0.17 acres of vacant land.
B. Seller has offered to sell to Buyer the Real Property described herein for the price
and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy
from Seller the Real Property, as more specifically described below.
C. In addition to the Purchase Price, material considerations to Seller in agreeing to
enter into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller and Buyer agree as follows:
1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and
Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth
in this Agreement. The term Real Property is defined collectively as the following:
(a) The fee interest in the Real Property to be conveyed by a grant deed in the
form of the Deed; and
(b) All personal property, equipment, supplies, and fixtures owned by Seller and
located at the Real Property.
2. Payment of Consideration. As consideration for the sale of the Real Property from
Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for
the Real Property. Upon payment of the Purchase Price (less any adjustments made to clear liens
and to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents
and validation of the purchase price incurred by the City of San Bernardino and the Seller’s share of
closing costs), the use of sales proceeds by Seller is a matter with which Buyer is not concerned.
3. Escrow and Independent Consideration.
(a) Opening of Escrow. For the purposes of this Agreement, the escrow
(“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder receives
a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best
efforts to cause the Opening of Escrow to occur on or before five (5) business days after the
Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the
Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or
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4
customary supplemental escrow instructions or other instruments reasonably required by Escrow
Holder to consummate the transaction contemplated by this Agreement; provided, however, that no
such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this
Agreement. If there is any conflict or inconsistency between the terms of such instruments and the
terms of this Agreement, then the terms of this Agreement shall control. Without limiting the
generality of the foregoing, no such instruments shall extinguish any obligations imposed by this
Agreement or any other agreement between Seller and Buyer.
(b) Independent Consideration. Within two (2) days after the Opening of
Escrow, Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as
non-refundable independent consideration. The Independent Consideration Amount has been
bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement
and Seller holding the Real Property off the market for a period commencing as of the Effective
Date and continuing until the Outside Date and for the rights and privileges granted to Buyer herein,
including any and all rights granted to Buyer to terminate this Agreement under the circumstances
provided for herein. Notwithstanding anything to the contrary contained in this Agreement, the
Independent Consideration Amount shall be non-refundable in all events, except for (i) Seller’s
default hereunder, (ii) the failure of the San Bernardino Countywide Oversight Board (the
“CWOB”) to approve the sale of the Real Property as provided under this Agreement, and (iii)
actions by the California Department of Finance (“DOF”) which prevent the disposition of the Real
Property to Buyer as provided under this Agreement. If the Closing occurs, a credit shall be applied
to the Purchase Price based upon payment of the Independent Consideration Amount.
(c) Closing. For purposes of this Agreement, the “Closing” or “Closing Date”
shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in
which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing
shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are
satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason,
occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by
delivering written notice to the other at any time after the Outside Closing Date; provided, however,
that if either party is in default under this Agreement at the time of such termination, then such
termination shall not affect the rights and remedies of the non-defaulting party against the defaulting
party.
4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10)
days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the
“Property Documents”):
(a) Such proof of Sellers’ authority and authorization to enter into this
Agreement and to consummate this transaction as may be reasonably requested by Buyer and the
Title Company consistent with the terms of this Agreement, including without limitation approval of
the CWOB of the sale of the Real Property by Seller to Buyer.
In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural
Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the
“Natural Hazard Report”) on or before the Soil and Title Contingency Date.
5. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier
to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as
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otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees,
agents, consultants and contractors shall have the right to enter upon the Real Property during
normal business hours, provided reasonable prior notice has been given to Seller.
(a) Investigation of the Real Property. In addition to the foregoing, the Buyer
shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to
engage its own environmental consultant (the “Environmental Consultant”) to make such
investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2”
investigations of the Real Property. If, based upon such evaluation, inspections, tests or
investigation, Buyer determines that it, in its discretion, does not wish to proceed with purchase of
the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement
by giving written notice of termination to Seller on or before the Soil and Title Contingency Date
which specifically references this Section 5. If Buyer does not cancel this Agreement by the time
allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections
and tests as provided herein and to have elected to proceed with this transaction on the terms and
conditions of this Agreement. Buyer shall provide a copy to the Seller of all reports and test results
provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such
reports and test results without any representation or warranty as to their accuracy or completeness.
Buyer shall bear all costs, if any, associated with restoring the Real Property to
substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by
Seller but excluding any latent defects or Hazardous Materials (as defined below) discovered by
Buyer during its investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with
counsel satisfactory to Seller) and hold Seller and the Real Property free and harmless from and
against all costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys’ fees or
mechanic’s liens arising out of or resulting from any entry or activities on the Real Property by
Buyer, Buyer’s agents, contractors or subcontractors and the contractors and subcontractors of such
agents, but in no event shall the indemnity of this Section include the discovery of pre-existing
conditions by Buyer or any such liabilities, costs, etc. arising from the negligence or willful
misconduct of Seller and/or its consultants. The indemnity obligations of Buyer set forth in this
Section 5(a) shall survive any termination of this Agreement or the Close of Escrow.
“Hazardous Materials” means any substance, material, or waste which is or becomes
regulated by any local governmental authority, the County, the State of California, regional
governmental authority, or the United States Government, including, but not limited to, any material
or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or
“restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section
25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health
and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance
Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste”
under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous
substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
(Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii)
polychlorinated biphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely
hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water
Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource
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Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as
“hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §9601 et seq.
(b) No Warranties as to the Real Property. The physical condition and
possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is”
condition, with no warranty expressed or implied by Seller, including without limitation, the
presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or
unknown seismic faults, or the suitability of the Real Property for development purposes. In
addition, Seller makes no representations, warranties or assurances concerning the Real Property, its
suitability for any particular use or with regard to the approval process for entitlements as to the
Real Property.
(c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall
take all necessary precautions to prevent the release into the environment of any Hazardous
Materials which are located in, on or under the Real Property. Such precautions shall include
compliance with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the
United States, the state, the County, the City, or any other political subdivision in which the Real
Property is located, and of any other political subdivision, agency, or instrumentality exercising
jurisdiction over the Real Property (“Governmental Requirements”) with respect to Hazardous
Materials.
6. Buyer’s Conditions Precedent and Termination Right.
(a) Conditions Precedent. The Closing and Buyer’s obligation to consummate
the purchase of the Real Property under this Agreement are subject to the timely satisfaction or
written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which
are for Buyer’s benefit only.
(i) Title Review. Within twenty (20) calendar days after the Opening of
Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the
“Report”) describing the title to the Real Property, together with copies of the plotted easements and
the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall
be borne by Seller. Seller acknowledges that the Buyer’s Title Policy shall include an endorsement
against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as
necessary to induce the Title Company to provide such endorsement. On or before the Soil and
Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any
matters of title disclosed by the following (collectively, the “Title Documents”): (i) the Report;
(ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires
to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or
disapprove any exceptions to title that are not created by Buyer and that come into existence after
issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds
of trust, mortgages, and delinquent taxes (but not the lien for any real property taxes or assessments
not yet delinquent).
(ii) Buyer’s Title Policy. On or before the Closing, the Title Company
shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a
standard ALTA owner’s policy of title insurance insuring only as to matters of record title
(“Standard Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real
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Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to
Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet
delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer;
and (iv) those matters specifically approved in writing by Buyer. Buyer shall have the right, at its
sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy
(such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to
obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations
hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage.
Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for
any survey or other matters required by the Title Company for such extended coverage.
In the event Buyer enters into a loan agreement to generate moneys to
purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be
responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to
Buyer obtaining such loaned moneys. The sale shall be all cash to Seller.
(iii) Physical and Legal Inspections and Studies. On or before Soil and
Title the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute
discretion, the results of any physical and legal (but not feasibility or economic) inspections,
investigations, tests and studies Buyer elects to make or obtain, including, but not limited to,
investigations with regard to zoning, building codes and other governmental regulations;
engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies;
environmental investigation or other invasive or subsurface testing; and any other physical or legal
inspections and/or investigations as Buyer may elect to make or obtain.
(iv) Natural Hazard Report. Seller shall cause the Escrow Holder to
provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described
at Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural
Hazard Report.
(v) Property and Formation Documents. On or before the Soil and Title
Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the
terms, conditions and status of all of the Property Documents.
(vi) Delivery of Documents. Seller’s delivery of all documents described
in Section 8, below.
(vii) Representations and Warranties. All representations and warranties
of Seller contained in this Agreement shall be materially true and correct as of the date made and as
of the Closing.
(viii) Title Company Confirmation. The Title Company shall have
confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this
Agreement.
(ix) CWOB and DOF Approval. The CWOB and, if required as a
condition of the issuance of title insurance or by either party hereto, approval by DOF, shall have
been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
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(x) No Default. As of the Closing, Seller shall not be in default in the
performance of any material covenant or agreement to be performed by Seller under this
Agreement.
(b) Termination Right. Each of (i), (ii) and (iii) shall operate independently and
each shall entitle Seller to terminate this Agreement, as follows:
(i) If the Independent Consideration Amount is not paid by Buyer to
Seller by the time set forth therefor in Section 3(b)(i) of this Agreement, then this Agreement shall
terminate upon Seller giving notice thereof to Buyer;
(ii) If any of Buyer’s Contingencies are not met by the Closing
Contingency Date, and Seller so informs Buyer, Buyer may, by written notice to Seller, terminate
this Agreement.
If this Agreement is so terminated, then (except to the extent expressly allocated to one party
hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless
Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not
been terminated pursuant to (i) or (ii) of this Section 6(b) and Buyer has not terminated this
Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding the
scheduled Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be
deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has
not delivered a Termination Notice as the items set forth in Sections 6(a)(i)-(xi) inclusive, prior to
the Termination Notice Deadline, such Buyer’s Contingencies shall be deemed to have been
satisfied.
If this Agreement is terminated, then (except to the extent expressly allocated to one party
hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless
Seller is in default hereunder, in which case Seller shall pay all such fees.
(c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination
Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then
have the right, but not the obligation, to (i) remove from title any disapproved or conditionally
approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or
conditional approval of the Title Documents) within five (5) business days after Seller’s receipt of
Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such
Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any
such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the
applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove
such Exception after committing to do so shall be a default hereunder. An Exception shall be
deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue
the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an
endorsement (at Seller’s expense) reasonably satisfactory to Buyer concerning such Exception. If
Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure
other matters) within such five (5) business day period, Buyer shall have three (3) business days
after the expiration of such five (5) business day period to give Seller written notice that Buyer
elects to proceed with the purchase of the Real Property subject to the disapproved Title
Document(s), it being understood that Buyer shall have no further recourse against Seller for such
disapproved Title Exception(s).
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7. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s
obligations with respect to the transaction contemplated by this Agreement are subject to the timely
satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which
are for Seller’s benefit only:
(a) Completion of Title Review. Seller shall have received written confirmation
from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of
title and that the condition of title satisfactory.
(b) Confirmation Concerning Site. Seller shall have received written
confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has reviewed
the condition of the Real Property, including without limitation concerning Hazardous Materials,
zoning and suitability, and approves the condition of the Real Property.
(c) Confirmation Regarding Buyer’s Title Policy. Seller shall have received
written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has
approved a pro forma title policy.
(d) Liens. Seller shall have obtained the consent of any lien holder to the release
of such liens prior to or concurrent with closing.
(e) CWOB and DOF Approval. The approval by the CWOB and DOF shall
have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
(f) Delivery of Documents. Buyer’s delivery of all documents described in
Section 9(a), below.
Should any of Buyer’s Contingencies not be met by the respective times set forth for
the satisfaction for such contingency (and without regard to whether all such contingencies have
been removed or satisfied) and Buyer has so informed Seller, Seller may, by written notice to Buyer,
terminate this Agreement; such termination rights shall be in addition to those termination rights of
Seller as set forth in Section 6. If this Agreement is so terminated, then (except to the extent
expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation
fees shall be paid by Buyer.
8. Seller’s Deliveries to Escrow Holder.
(a) Seller’s Delivered Documents. At least one (1) business day prior to the
Closing Date, Seller shall deposit or cause to be deposited with Escrow Holder the following items,
duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”):
(i) Deed. The Deed.
(ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of
Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together
with any necessary tax withholding forms, and a duly executed California Form 593-C, as
applicable (the “California Exemption Certificate”).
(iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller
shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report
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as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard
Report”) before the Closing.
(iv) Possession of Real Property. Possession of the Real Property free of
any tenancies or occupancy.
(v) Authority. Such evidence of Seller’s authority and authorization to
enter into this Agreement and to consummate this transaction as may be reasonably requested by
Buyer and the Title Company which are consistent with the terms of this Agreement.
(vi) Further Documents or Items. Any other documents or items
reasonably required to close the transaction contemplated by this Agreement as determined by the
Title Company which are consistent with the terms of this Agreement.
(b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely
delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided,
however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5)
business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five
(5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not
delivered within such period, then this Agreement shall automatically terminate without further
action or notice. In the event of any such termination, any cash deposited by Buyer shall
immediately be returned to Buyer. Under no circumstances shall Buyer have any responsibility to
or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in
connection with any such contractual arrangements of Seller.
9. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing
Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly
executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”):
(a) Purchase Price. The Purchase Price, less amounts which Seller confirms in
writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount,
together with additional funds as are necessary to pay Buyer’s closing costs set forth in
Section 10(b) herein. In the event Seller does not qualify for an exemption from California
withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by
the delivery at Closing of the California Exemption Certificate duly executed by Seller, Title
Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of
Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof.
In the event Seller is not exempt from such withholding or does not otherwise deliver the California
Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California
Form 593 to Title Company at or immediately after Closing.
(b) Change of Ownership Report. One (1) original Preliminary Change of
Ownership Report.
(c) Final Escrow Instructions. Buyer’s final written escrow instructions to close
escrow in accordance with the terms of this Agreement.
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(d) Authority. Such proof of Buyer’s authority and authorization to enter into
this Agreement and to consummate the transaction contemplated hereby as may be reasonably
requested by Seller or the Title Company.
(e) Moneys for Buyer’s Real Estate Broker. Buyer shall deposit any moneys
due and payable to Buyer’s Real Estate Broker in connection with the sale of the Real Property.
(f) Further Documents or Items. Any other documents or items reasonably
required to close the transaction contemplated by this Agreement as determined by the Title
Company.
10. Costs and Expenses.
(a) Seller’s Costs. If the transaction contemplated by this Agreement is
consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges
associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) the premium for
a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv)
documentary recording fees, if any; (v) documentary transfer tax, if any; (vi) Seller’s Real Estate
Broker’s Commission of Four Thousand Five Hundred Dollars ($4,700) which the parties
acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s
Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real
Estate Broker and that the broker's commission shall be divided equally between Buyer's Real Estate
Broker and Seller's Real Estate Broker; (vii) one half of the escrow charges; and (viii) costs, if any,
allocable to Seller under this Agreement and costs for such services as Seller may additionally
request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s
Costs and Debited Amounts”).
(b) Buyer’s Costs. If the transaction contemplated by this Agreement is
consummated, then Buyer shall bear the following costs and expenses: (i) the Escrow Holder’s fee;
(ii) Buyer’s share of prorations, (iii) the premium for title insurance other than or in excess of a
Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any
survey required in connection with the delivery of an ALTA owner’s extended coverage policy of
title insurance; (iv) one half of escrow charges; (v) recording and other costs of closing; (vi) costs, if
any, for such services as Buyer may additionally request that Escrow perform on its behalf; and
(vii) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price
(collectively, “Buyer’s Costs and Debited Amounts”).
(c) Generally. Each party shall bear the costs of its own attorneys, consultants,
and real estate brokers, other than broker’s commission, in connection with the negotiation and
preparation of this Agreement and the consummation of the transaction contemplated hereby. The
parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate
Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with
Seller’s Real Estate Broker and that the broker's commission shall be divided equally between
Buyer's Real Estate Broker and Seller's Real Estate Broker.
11. Prorations; Withholding.
(a) All revenues (if any) and expenses relating to the Real Property (including,
but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and
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refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes
shall be satisfied at the expense of Seller. Not less than five (5) business days prior to the Closing,
Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration
and Expense Schedule”). If any prorations made under this Section shall require final adjustment
after the Closing, then the parties shall make the appropriate adjustments promptly when accurate
information becomes available and either party hereto shall be entitled to an adjustment to correct
the same. Any corrected or adjustment proration shall be paid promptly in cash to the party entitled
thereto.
(b) In the event Seller does not qualify for an exemption from California
withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax
Code”) as evidenced by the delivery to Buyer at Closing of the California Exemption Certificate
duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of
the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board
in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of
California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of
California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th
day of the month following the month title to the Real Property is transferred to Buyer (as evidenced
by the recording of the Grant Deed), Title Company shall remit such funds withheld from the
Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax
Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity
under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the
Tax Code, together with such other documents required by the Tax Code (including, without
limitation, California Form 593), to the California Franchise Tax Board.
12. Closing Procedure. When the Title Company is unconditionally prepared (subject
to payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents
and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow
in the manner and order provided below.
(a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to
applicable law in the county in which the Real Property is located and obtain conformed copies
thereof for distribution to Buyer and Seller.
(b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all
Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses,
prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable
debits or credits (including any liens as to which such liens and the amount to satisfy such liens shall
have been confirmed in writing by Seller to Escrow Holder) shall be distributed by check payable to
Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event,
in accordance with such instructions). Seller authorizes Escrow Holder to request demands for
payment and to make such payments from the Purchase Price (or such other funds, if any, as are
advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but
not for obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are
deposited by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the
commission for Buyer’s Real Estate Broker (unless Buyer’s Real Estate Broker shall deliver a
written statement to Escrow Holder which indicates that Buyer has arranged to pay Buyer’s Real
Estate Broker outside escrow and that payment of such remuneration is a matter with respect to
which Escrow Holder and Seller need not be concerned).
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(c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed
copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among
the official land records of the County of San Bernardino, and a copy of each other document (or
copies thereof) deposited into Escrow by Buyer pursuant hereto.
(d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original
FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed
copy of each of the Deed as duly recorded among the official land records of the County of San
Bernardino, the Natural Hazard Report, and each other document (or copies thereof) deposited into
Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in
Section 8.
(e) Title Company. Escrow Holder shall cause the Title Company to issue the
Buyer’s Title Policy to Buyer.
(f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a
separate accounting of all funds received and disbursed for each party.
(g) Informational Reports. Escrow Holder shall file any information reports
required by Internal Revenue Code Section 6045(e), as amended.
(h) Possession. Possession of the Real Property shall be delivered to Buyer at
the Closing.
13. Representations and Warranties.
(a) Seller’s Representations and Warranties. In consideration of Buyer entering
into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the
following representations and warranties as of the Effective Date and as of the Closing, each of
which is material and is being relied upon by Buyer (and the truth and accuracy of which shall
constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material
inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered
into this Agreement) and shall survive Closing; provided that each of the representations and
warranties of Seller is based upon the information and belief of the Executive Director of the
Successor Agency:
(i) Seller believes that it has the legal power, right and authority to enter
into this Agreement and the instruments referenced herein, and to consummate the transaction
contemplated subject to the approval of the CWOB and, as may be applicable, DOF.
(ii) Subject to the approval of the CWOB and, as may be applicable,
DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwise) has been
taken by Seller in connection with entering into this Agreement and the instruments referenced
herein; and, by the Closing, all such necessary action will have been taken to authorize the
consummation of the transaction contemplated hereby.
(iii) Subject to the approval of the CWOB and, as may be applicable,
DOF, the individual executing this Agreement and the instruments referenced herein on behalf of
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Seller has the legal power, right and actual authority to bind Seller to the terms and conditions
hereof and thereof.
(iv) Seller believes that neither the execution or delivery of this
Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth
herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms
of this Agreement or the documents or instruments referenced herein or therein conflict with or
result in the material breach of any terms, conditions or provisions of, or constitute a default under,
any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust,
loan, lease or other agreement or instrument to which Seller is a party or that affect the Real
Property, including, but not limited to, any of the Title Documents or the Property Documents.
(v) There is no pending litigation nor, to the best of Seller’s knowledge,
threatened litigation, which does or will adversely affect the right of Seller to convey the Real
Property. There are no claims which have been received by Seller that have not been disclosed to
Buyer.
(vi) Seller has made no written or oral commitments to or agreements
with any governmental authority or agency materially and adversely affecting the Real Property, or
any part hereof, or any interest therein, which will survive the Closing.
(vii) There are no leases or rental agreements in effect as to the Real
Property.
(viii) Seller is not in default of its obligations under any contract,
agreement or instrument to which Seller is a party pertaining to the Real Property.
(ix) There are no mechanics’, materialmen’s or similar claims or liens
presently claimed or which will be claimed against the Real Property for work performed or
commenced for Seller or on Seller’s behalf prior to the date of this Agreement.
(x) There are no undisclosed contracts, licenses, commitments,
undertakings or other written or oral agreements for services, supplies or materials concerning the
use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or
the Real Property after the Closing. There are no oral contracts or other oral agreements for
services, supplies or materials, affecting the use, operation, maintenance or management of the Real
Property.
(xi) There are not as of the Effective Date, nor will there be as of the
Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise
enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and
no person other than Buyer shall have any right of possession to the Real Property or any part
thereof as of the Closing.
(xii) No person, excepting Seller, has possession or any rights to
possession of the Real Property or portion thereof.
(b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to
the Closing, Buyer or Seller should learn, discover or become aware of any existing or new item,
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fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect
or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has
learned, discovered or become aware of such Representation Matter shall promptly give written
notice thereof to the other party and Seller’s representations and warranties shall be automatically
limited to account for the Representation Matter. Buyer shall have the right to approve or
disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer
reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement,
Seller’s representation shall be qualified by such Seller Representation Matter and Seller shall have
no obligation to Buyer for such Seller Representation Matter.
(c) Buyer’s Representations and Warranties. In consideration of Seller entering
into this Agreement and as an inducement to Seller to sell the Real Property, Buyer makes the
following representations and warranties as of the date hereof and at and as of the Closing, each of
which is material and is being relied upon by Seller (and the truth and accuracy of which shall
constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive
Closing:
(i) Buyer has the legal power, right and authority to enter into this
Agreement and the instruments referenced herein, and to consummate the transaction contemplated
hereby.
(ii) All requisite action has been taken by Buyer in connection with
entering into this Agreement and the instruments referenced herein; and, by the Closing, all such
necessary action will have been taken to authorize the consummation of the transaction
contemplated hereby.
(iii) The individuals executing this Agreement and the instruments
referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer
to the terms and conditions hereof and thereof.
(iv) Neither the execution and delivery of this Agreement and the
documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the
consummation of the transaction contemplated herein, nor compliance with the terms of this
Agreement and the documents and instruments referenced herein conflict with or result in the
material breach of any terms, conditions or provisions of, or constitute a default under, any bond,
note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan,
partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which
any of Buyer’s properties are bound.
(d) Subsequent Changes to Buyer’s Representations and Warranties. If, prior to
the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item,
fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect
or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has
learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give
written notice thereof to the other party and Buyer’s representations and warranties shall be
automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right
to approve or disapprove any such change and to terminate this Agreement by written notice to
Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this
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16
Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and
Buyer shall have no obligation to Seller for such Buyer’s Representation Matter.
14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price
represents a fair value price for the Real Property. At such time as Buyer makes improvements to
the Real Property, the costs for planning, designing, and constructing such improvements shall be
borne exclusively by the Buyer and the Buyer shall construct or cause to be constructed such
improvements in compliance with all the zoning, planning and design review requirements of the
San Bernardino Municipal Code, and all nondiscrimination, labor standard, and wage rate
requirements to the extent such labor and wage requirements are applicable.
Buyer, including but not limited to its contractors and subcontractors, shall be responsible to
comply with Labor Code Section 1720, et seq., if applicable, and its implementing regulations,
regarding the payment of prevailing wages (the “State Prevailing Wage Law”), if applicable, and, if
applicable, federal prevailing wage law (“Federal Prevailing Wage Law” and, together with State
Prevailing Wage Law, “Prevailing Wage Laws”) with regard to the construction of improvements to
the Real Property, but only if and to the extent such sections are applicable to the development of
the Real Property. Insofar as the parties understand that Buyer is paying a fair market price for the
Real Property, the parties believe that the payment of prevailing wages will not be required. In any
event, Buyer shall be solely responsible for determining and effectuating compliance with the
Prevailing Wage Laws, neither the Seller nor the City makes any final representation as to the
applicability or non-applicability of the Prevailing Wage Laws to improvements to the Real
Property, or any part thereof. Buyer hereby releases from liability, and agrees to indemnify, defend,
assume all responsibility for and hold each of the Seller and the City, and their respective officers,
employees, agents and representatives, harmless from any and all claims, demands, actions, suits,
proceedings, fines, penalties, damages, expenses resulting from, arising out of, or based upon
Buyer’s acts or omissions pertaining to the compliance with the Prevailing Wage Laws as to the
Real Property. This Section 14 shall survive Closing.
15. General Provisions.
(a) Condemnation. If any material portion of the Real Property shall be taken or
appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer
shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of
the Real Property and receive all of the award or payment made in connection with such taking.
(b) Notices. All notices, demands, requests or other communications required or
permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving
party as provided in the Basic Terms section above, and shall be personally delivered, sent by
overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by
certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided
that a successful transmission report is received). All Notices shall be effective upon receipt at the
appropriate address. Notice of change of address shall be given by written notice in the manner
detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no Notice in accordance with this Section was given shall be deemed to
constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective
counsels is for information only, is not required for valid Notice and does not alone constitute
Notice hereunder.
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17
(c) Brokers. Seller assumes sole responsibility for any consultants or brokers
(“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer
shall have no responsibility in connection with such matters). Seller represents that it has engaged
Keller Williams Realty as “Seller’s Real Estate Broker” and that Seller shall be solely responsible
for any commission, cost, fee or compensation of any kind due to Seller’s Real Estate
Broker. Seller represents to Buyer that Seller has not engaged any consultants, finders or real estate
brokers other than Seller’s Real Estate Broker in connection with the sale of the Real Property to the
Buyer, and there are no brokerage commission, finder’s fee or other compensation of any kind due
or owing to any person or entity in connection with this Agreement other than Seller’s costs with
respect to the Seller’s Real Estate Broker Commission. Seller agrees to and does hereby indemnify
and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of
action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise,
claiming through, under or by reason of the conduct of the Seller in connection with this
Agreement. Buyer assumes sole responsibility for any consultants or brokers (“Buyer’s Agents”) it
may have retained in connection with the purchase of the Real Property. Buyer represents that it has
engaged Roger Chi as “Buyer’s Real Estate Broker” and other than the portion of the Seller’s Real
Estate Broker’s Commission that is payable to the Buyer’s Real Estate Broker per Section 10(a) of
this Agreement, Buyer shall be solely responsible for any other cost, fee or compensation of any
kind due to Buyer’s Real Estate Broker, if any. Buyer represents to Seller that Buyer has not
engaged any consultants, finders or real estate brokers other than Buyer’s Real Estate Broker in
connection with the sale of the Real Property to the Buyer, and there are no brokerage commission,
finder’s fee or other compensation of any kind due or owing to any person or entity in connection
with this Agreement. Buyer agrees to and does hereby indemnify and hold the Seller free and
harmless from and against any and all costs, liabilities or causes of action or proceedings which may
be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by
reason of the conduct of the Buyer in connection with this Agreement. The Parties acknowledge
and agree that Buyer has been represented in this transaction by Roger Chi as “Buyer’s Real Estate
Broker.” At Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of
the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker. The
broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real
Estate Broker.
(d) Waiver, Consent and Remedies. Each provision of this Agreement to be
performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a
material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any
breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may
specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but
no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of
the same or any other provision. A waiving party may at any time thereafter require further
compliance by the other party with any breach or provision so waived. The consent by one party to
any act by the other for which such consent was required shall not be deemed to imply consent or
waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No
waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise
specified in this Agreement. All rights, remedies, undertakings, obligations, options, covenants,
conditions and agreements contained in this Agreement shall be cumulative and no one of them
shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue
any one or more of its rights, options or remedies hereunder or may seek damages or specific
performance in the event of the other party’s breach hereunder, or may pursue any other remedy at
law or equity, whether or not stated in this Agreement.
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18
(e) Cooperation. Buyer and Seller agree to execute such instruments and
documents and to diligently undertake such actions as may be required in order to consummate the
purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing
in accordance with the provisions hereof and, following Closing.
(f) Remedies. Without limitation as to the availability of other remedies, this
Agreement may be enforced by an action for specific enforcement.
(g) Time. Time is of the essence of every provision herein contained. In the
computation of any period of time provided for in this Agreement or by law, the day of the act or
event from which said period of time runs shall be excluded, and the last day of such period shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed
to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as
otherwise expressly provided herein, all time periods expiring on a specified date or period herein
shall be deemed to expire at 5:00 p.m. on such specified date or period.
(h) Counterparts; Facsimile Signatures. This Agreement may be executed in
multiple counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument. A facsimile signature shall be deemed an original
signature.
(i) Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and
shall not be used for the interpretation or determination of the validity of this Agreement or any
provision hereof.
(j) Obligations to Third Parties. City shall be deemed to be a third party
beneficiary of this Agreement. Excepting only for the City, the execution and delivery of this
Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this
Agreement to, any person or entity other than the parties hereto.
(k) Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
(l) Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
(m) Applicable Law. This Agreement shall be governed by and construed in
accordance with the local law of the State of California.
(n) Exhibits and Schedules. The exhibits and schedules attached hereto are
incorporated herein by this reference for all purposes.
(o) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, including, without limitation, that certain
Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated June 15,
2020, and contains the entire agreement between, and the final expression of, Buyer and Seller with
respect to the subject matter hereof. The parties hereto expressly agree and confirm that this
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Agreement is executed without reliance on any oral or written statements, representations or
promises of any kind which are not expressly contained in this Agreement. No subsequent
agreement, representation or promise made by either party hereto, or by or to an employee, officer,
agent or representative of either party hereto shall be of any effect unless it is in writing and
executed by the party to be bound thereby.
(p) Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the permitted successors and assigns of the parties hereto.
(q) Assignment. Neither party may assign its rights under this Agreement
without the prior consent of the other party.
[signatures begin on the following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
“SELLER”
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, a public entity, corporate
and politic
By:
Teri Ledoux
Executive Director
“BUYER”
JEANNETTE CHI OKADA
By:
Name: Jeannette Chi Okada
Approved as to form:
Sonia Carvalho, City Attorney
By: ______________________
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Acceptance by Escrow Holder:
Commonwealth Land and Title Company hereby acknowledges that it has received a fully
executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and
between the Successor Agency to the Redevelopment Agency of the City of San Bernardino, a
public entity, corporate and politic (“Seller”), and Jeannette Okada (“Buyer”) and agrees to act as
Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms
apply to Escrow Holder.
Dated: _____________, 2020
COMMONWEALTH LAND AND TITLE
COMPANY
By:
Name:
Its:
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Packet Pg. 977 Attachment: CED.Purchase Sale Agreement for 1256 Wall Ave.PSA and Joint Escrow Instrcutions.Attachement 5 (6814 : Purchase and Sale
A-1
EXHIBIT A
LEGAL DESCRIPTION
Lot 5, Block C, Dunn and Black Subdivision, as per plat recorded in Book 15, Page 67 of Maps in
the City of San Bernardino, County of San Bernardino, State of California.
Address: 1256 Wall Avenue, San Bernardino, CA
APN: 0146-241-07
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B-2
EXHIBIT B
DEED
NOT FOR SIGNATURE
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
“BUYERS”
APN: 0146-241-07 [Space above for recorder.]
DOCUMENTARY TRANSFER TAX
$ ______
computed on the consideration or value of
property conveyed; OR computed on the
consideration or value less liens or
encumbrances remaining at time of sale.
Signature of Declarant or Agent determining tax
- Firm Name
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public entity,
corporate and politic (“Grantor”), hereby grants to Jeannette Chi Okada, a married woman, as her
sole and separate property (“Grantee”), that certain real property located in the City of San
Bernardino, County of San Bernardino, State of California, more particularly described on
Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject
to existing easements, restrictions and covenants of record.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2020.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
By: NOT FOR SIGNATURE
Teri Ledoux
Executive Director
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ATTACHMENT NO. 1 TO GRANT DEED
TO EXHIBIT B
ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION
Lot 5, Block C, Dunn and Black Subdivision, as per plat recorded in Book 15, Page 67 of Maps in
the City of San Bernardino, County of San Bernardino, State of California.
Address: 1256 Wall Avenue, San Bernardino, CA
APN: 0146-241-07
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _____________________________, before me, _______________________________ , Notary Public,
(Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
__________________________________________
Title(s)
__________________________________________
Title Or Type Of Document
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other: ________________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
__________________________________________
__________________________________________
__________________________________________
Number Of Pages
__________________________________________
Date Of Documents
__________________________________________
Signer(s) Other Than Named Above
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C-1
EXHIBIT C
FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform Jeannette Okada (the “Transferee”), that withholding of tax under Section 1445 of
the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of
certain real property to the Transferee by the Successor Agency to the Redevelopment Agency of the
City of San Bernardino (the “Transferor”), the undersigned hereby certifies the following:
1. The Transferor is not a foreign person or citizen, foreign corporation, foreign
partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income
Tax Regulations promulgated thereunder);
2. The Transferor’s social security number or U.S. employer identification number is as
follows: _________________.
3. The Transferor’s home or office address is:
City of San Bernardino
Successor Agency
290 N. “D” Street – 3rd Floor
San Bernardino, CA 92401
The Transferor understands that this certification may be disclosed to the Internal Revenue
Service by the Transferee and that any false statement contained herein could be punished by fine,
imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and
to the best of my knowledge and belief it is true, correct and complete, and I further declare that I
have authority to sign this document.
NOT FOR SIGNATURE
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
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PURCHASE AND SALE AGREEMENT
AND JOINT ESCROW INSTRUCTIONS
SELLER: Successor Agency to the Redevelopment Agency of the
City of San Bernardino
BUYER: Jeannette Okada
DATED: July 15, 2020
(1256 Wall Avenue, San Bernardino, California APN 0146-241-07)
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BASIC TERMS
Buyer: Jeannette Okada
Buyer’s Address: 17881 Calle Barcelona
Rowland Heights, CA 91748
Tel: 949-355-4565
Email: jcokada@yahoo.com
City: The City of San Bernardino
Closing Contingency Date: November 4, 2020
Closing Date (or Closing) Estimated to occur by September 17, 2020, but not later than the
Outside Date
Deed: A grant deed in the form of Exhibit “B” hereto
Effective Date: July 15, 2020
Opening of Escrow: July 30, 2020
Escrow Holder: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
Direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another escrow holder mutually acceptable to Buyer and Seller)
Independent
Consideration Amount: Two Hundred Dollars ($200.00)
Outside Date: November 21, 2020; provided that such date may be extended by
mutual writing agreement by Seller and Buyer
Purchase Price: Forty-Seven Thousand Dollars ($47,000)
Real Property: That property described in Exhibit “A” hereto; the subject property is
sometimes referred to as APN 0146-241-07
Seller: Successor Agency to the Redevelopment Agency of the City of San
Bernardino
Seller’s Address: 290 N. “D” Street – Third Floor
San Bernardino, California 92418
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2
Attention: Teri Ledoux, City Manager
Tel. (909) 384-5122
Fax: (909) 384-5138
Email: Ledoux_Te@sbcity.org
Soil and Title Contingency
Date: April 2, 2020
Title Company: Commonwealth Land Title
A Fidelity National Financial Company
888 S. Figueroa Street, Suite 2100
Los Angeles, CA 90017
Tel: (213) 330-3059
Attention: Crystal Leyvas, Vice President, National Accounts
National Commercial Services
direct: (213) 330-3059; email: Cleyvas@cltic.com
(or another title company mutually acceptable to Buyer and Seller)
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PURCHASE AND SALE AGREEMENT
AND
JOINT ESCROW INSTRUCTIONS
This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW
INSTRUCTIONS (“Agreement”) is made and entered into as of July 15, 2020 (the “Effective
Date”) by and between Seller and Buyer.
RECITALS
A. Seller is the fee owner of the Real Property. The Real Property is approximately
0.17 acres of vacant land.
B. Seller has offered to sell to Buyer the Real Property described herein for the price
and subject to the terms set forth below. Buyer has considered the offer by Seller and agrees to buy
from Seller the Real Property, as more specifically described below.
C. In addition to the Purchase Price, material considerations to Seller in agreeing to
enter into this Agreement, Buyer has agreed to pay to Seller the Independent Consideration Amount;
NOW, THEREFORE, in consideration of the mutual covenants and agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, Seller and Buyer agree as follows:
1. Purchase and Sale. Seller hereby agrees to sell the Real Property to Buyer, and
Buyer hereby agrees to purchase the Real Property from Seller, on the terms and conditions set forth
in this Agreement. The term Real Property is defined collectively as the following:
(a) The fee interest in the Real Property to be conveyed by a grant deed in the
form of the Deed; and
(b) All personal property, equipment, supplies, and fixtures owned by Seller and
located at the Real Property.
2. Payment of Consideration. As consideration for the sale of the Real Property from
Seller to Buyer, Buyer shall, at the Closing (as defined below), pay to Seller the Purchase Price for
the Real Property. Upon payment of the Purchase Price (less any adjustments made to clear liens
and to defray Seller’s costs of sale including, but not limited to, the preparation of legal documents
and validation of the purchase price incurred by the City of San Bernardino and the Seller’s share of
closing costs), the use of sales proceeds by Seller is a matter with which Buyer is not concerned.
3. Escrow and Independent Consideration.
(a) Opening of Escrow. For the purposes of this Agreement, the escrow
(“Escrow”) shall be deemed opened (“Opening of Escrow”) on the date that Escrow Holder r eceives
a copy of this Agreement fully executed by Buyer and Seller. Buyer and Seller shall use their best
efforts to cause the Opening of Escrow to occur on or before five (5) business days after the
Effective Date. Escrow Holder shall promptly notify Buyer and Seller in writing of the date of the
Opening of Escrow. Buyer and Seller agree to execute, deliver and be bound by any reasonable or
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customary supplemental escrow instructions or other instruments reasonably required by Escrow
Holder to consummate the transaction contemplated by this Agreement; provided, however, that no
such instruments shall be inconsistent or in conflict with, amend or supersede any portion of this
Agreement. If there is any conflict or inconsistency between the terms of such instruments and the
terms of this Agreement, then the terms of this Agreement shall control. Without limiting the
generality of the foregoing, no such instruments shall extinguish any obligations imposed by this
Agreement or any other agreement between Seller and Buyer.
(b) Independent Consideration. Within two (2) days after the Opening of
Escrow, Buyer shall pay to Seller the Independent Consideration Amount to be retained by Seller as
non-refundable independent consideration. The Independent Consideration Amount has been
bargained for and agreed to as consideration for Seller’s execution and delivery of this Agreement
and Seller holding the Real Property off the market for a period commencing as of the Effective
Date and continuing until the Outside Date and for the rights and privileges granted to Buyer herein,
including any and all rights granted to Buyer to terminate this Agreement under the circumstances
provided for herein. Notwithstanding anything to the contrary contained in this Agreement, the
Independent Consideration Amount shall be non-refundable in all events, except for (i) Seller’s
default hereunder, (ii) the failure of the San Bernardino Countywide Oversight Board (the
“CWOB”) to approve the sale of the Real Property as provided under this Agreement, and (iii)
actions by the California Department of Finance (“DOF”) which prevent the disposition of the Real
Property to Buyer as provided under this Agreement. If the Closing occurs, a credit shall be applied
to the Purchase Price based upon payment of the Independent Consideration Amount.
(c) Closing. For purposes of this Agreement, the “Closing” or “Closing Date”
shall be the date the Deed (as defined below) is recorded pursuant to applicable law in the county in
which the Real Property is located. Unless changed in writing by Buyer and Seller, the Closing
shall occur on the Closing Date, or as soon thereafter as the conditions precedent to closing are
satisfied pursuant to Sections 6 and 7 of this Agreement. If the Closing has not, for any reason,
occurred by the Closing Date, then either Buyer or Seller may terminate this Agreement by
delivering written notice to the other at any time after the Outside Closing Date; provided, however,
that if either party is in default under this Agreement at the time of such termination, then such
termination shall not affect the rights and remedies of the non -defaulting party against the defaulting
party.
4. Seller’s Delivery of Real Property and Formation Documents. Within ten (10)
days after the Effective Date, Seller shall deliver to Buyer the following items (collectively, the
“Property Documents”):
(a) Such proof of Sellers’ authority and authorization to enter into this
Agreement and to consummate this transaction as may be reasonably requested by Buyer and the
Title Company consistent with the terms of this Agreement, including without limitation approval of
the CWOB of the sale of the Real Property by Seller to Buyer.
In addition, Seller shall cause Escrow Holder to obtain and deliver to Buyer a Natural
Hazard Report as provided for under Sections 1102 and 1103 of the California Civil Code (the
“Natural Hazard Report”) on or before the Soil and Title Contingency Date.
5. Buyer’s Right of Entry. From and after the Opening of Escrow through the earlier
to occur of the termination of this Agreement or the Soil and Title Contingency Date, or as
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otherwise agreed in writing by Seller prior to entry is effected, Buyer and Buyer’s employees,
agents, consultants and contractors shall have the right to enter upon the Real Property during
normal business hours, provided reasonable prior notice has been given to Seller.
(a) Investigation of the Real Property. In addition to the foregoing, the Buyer
shall have the right, at its sole cost and expense, prior to the Soil and Title Contingency Date, to
engage its own environmental consultant (the “Environmental Consultant”) to make such
investigations as Buyer deems necessary or appropriate, including any “Phase 1” or “Phase 2”
investigations of the Real Property. If, based upon such evaluation, inspections, tests or
investigation, Buyer determines that it, in its discretion, does not wish to proceed with purchase of
the Real Property based upon the condition of the Real Property, Buyer may cancel this Agreement
by giving written notice of termination to Seller on or before the Soil and Title Contingency Date
which specifically references this Section 5. If Buyer does not cancel this Agreement by the time
allowed under this Section 5, Buyer shall be deemed to have approved the evaluation, inspections
and tests as provided herein and to have elected to proceed with this transaction on the terms and
conditions of this Agreement. Buyer shall provide a copy to the Seller of all reports and test results
provided by Buyer’s Environmental Consultant promptly after receipt by the Buyer of any such
reports and test results without any representation or warranty as to their accuracy or completeness .
Buyer shall bear all costs, if any, associated with restoring the Real Property to
substantially the same condition prior to its testing by or on behalf of Buyer if requested to so do by
Seller but excluding any latent defects or Hazardous Materials (as defin ed below) discovered by
Buyer during its investigation of the Real Property. Buyer agrees to indemnify, protect, defend (with
counsel satisfactory to Seller) and hold Seller and the Real Property free and harmless from and
against all costs, claims, losses, liabilities, damages, judgments, actions, demands, attorneys’ fees or
mechanic’s liens arising out of or resulting from any entry or activities on the Real Property by
Buyer, Buyer’s agents, contractors or subcontractors and the contractors and subcontra ctors of such
agents, but in no event shall the indemnity of this Section include the discovery of pre -existing
conditions by Buyer or any such liabilities, costs, etc. arising from the negligence or willful
misconduct of Seller and/or its consultants. The indemnity obligations of Buyer set forth in this
Section 5(a) shall survive any termination of this Agreement or the Close of Escrow.
“Hazardous Materials” means any substance, material, or waste which is or becomes
regulated by any local governmental authority, the County, the State of California, regional
governmental authority, or the United States Government, including, but not limi ted to, any material
or substance which is (i) defined as a “hazardous waste,” “extremely hazardous waste,” or
“restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section
25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste
Control Law), (ii) defined as a “hazardous substance” under Section 25316 of the California Health
and Safety Code, Division 20, Chapter 6.8 (Carpenter-Presley-Tanner Hazardous Substance
Account Act), (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste”
under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95
(Hazardous Materials Release Response Plans and Inventory), (iv) defined as a “hazardous
substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7
(Underground Storage of Hazardous Substances), (v) petroleum, (vi) friable asbestos, (vii)
polychlorinated biphenyls, (viii) listed under Article 9 or defined as “hazardous” or “extremely
hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4,
Chapter 20, (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water
Act (33 U.S.C. §1317), (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource
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Conservation and Recovery Act, 42 U.S.C. §6901 et seq. (42 U.S.C. §6903) or (xi) defined as
“hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. §9601 et seq.
(b) No Warranties as to the Real Property. The physical condition and
possession of the Real Property, is and shall be delivered from Seller to Buyer in an “as is”
condition, with no warranty expressed or implied by Seller, including without limitation, the
presence of Hazardous Materials or the condition of the soil, its geology, the presence of known or
unknown seismic faults, or the suitability of the Real Property for development purposes. In
addition, Seller makes no representations, warranties or assurances concerning the Real Property, its
suitability for any particular use or with regard to the approval process for entitlements as to the
Real Property.
(c) Buyer Precautions after Closing. Upon and after the Closing, Buyer shall
take all necessary precautions to prevent the release into the environment of any Hazardous
Materials which are located in, on or under the Real Property. Such precautions shall include
compliance with all laws, ordinances, statutes, codes, rules, regulations, orders, and decrees of the
United States, the state, the County, the City, or any other political subdivision in which the Real
Property is located, and of any other political subdivision, agency, or instrumentality exercising
jurisdiction over the Real Property (“Governmental Requirements”) with respect to Hazardous
Materials.
6. Buyer’s Conditions Precedent and Termination Right.
(a) Conditions Precedent. The Closing and Buyer’s obligation to consummate
the purchase of the Real Property under this Agreement are subject to the timely satisfaction or
written waiver of the following conditions precedent (collectively, “Buyer’s Contingencies”), which
are for Buyer’s benefit only.
(i) Title Review. Within twenty (20) calendar days after the Opening of
Escrow, Seller shall cause the Title Company to deliver to Buyer a preliminary title report (the
“Report”) describing the title to the Real Property, together with copies of the plotted easements and
the exceptions (the “Exceptions”) set forth in the Report; provided that the cost of the Report shall
be borne by Seller. Seller acknowledges that the Buyer’s Title Policy shall include an endorsement
against the effect of any mechanics’ liens; Seller will provide such indemnity or other assurances as
necessary to induce the Title Company to provide such endorsement. On or before the Soil and
Title Contingency Date, Buyer shall have approved in writing, in Buyer’s sole discretion, any
matters of title disclosed by the following (collectively, the “T itle Documents”): (i) the Report;
(ii) the Exceptions; (iii) the legal description of the Real Property and (iv) any survey Buyer desires
to obtain at Buyer’s sole cost and expense. Buyer shall have the same rights to approve or
disapprove any exceptions to title that are not created by Buyer and that come into existence after
issuance of the Report but prior to Closing. Seller shall, on or before the Closing, remove all deeds
of trust, mortgages, and delinquent taxes (but not the lien for any real proper ty taxes or assessments
not yet delinquent).
(ii) Buyer’s Title Policy. On or before the Closing, the Title Company
shall, upon payment (by Buyer) of the Title Company’s premium, have agreed to issue to Buyer, a
standard ALTA owner’s policy of title insurance insuring only as to matters of record title
(“Standard Buyer’s Title Policy”) in the amount of the Purchase Price showing fee title to the Real
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Property vested solely in Buyer and subject only to the (i) the standard, preprinted exceptions to
Buyer’s Title Policy; (ii) liens to secure payment of real estate taxes or assessments not yet
delinquent; (iii) matters affecting the Real Property created by or with the written consent of Buyer;
and (iv) those matters specifically approved in writing by Buyer. Buye r shall have the right, at its
sole cost and expense, to obtain coverage beyond that offered by a Standard Buyer’s Title Policy
(such as an owner’s extended coverage ALTA policy); provided, however, that Buyer’s ability to
obtain such extended coverage shall not be a Buyer’s Contingency and Buyer’s obligations
hereunder shall in no way be conditioned or contingent upon obtaining such extended coverage.
Buyer shall have sole responsibility for obtaining, and bearing the cost of, any endorsements and for
any survey or other matters required by the Title Company for such extended coverage.
In the event Buyer enters into a loan agreement to generate moneys to
purchase the Real Property from Seller under this Agreement, Buyer and not Seller shall be
responsible for the title insurance, closing costs and any other costs, fees or expenses in relation to
Buyer obtaining such loaned moneys. The sale shall be all cash to Seller.
(iii) Physical and Legal Inspections and Studies. On or before Soil and
Title the Contingency Date, Buyer shall have approved in writing, in Buyer’s sole and absolute
discretion, the results of any physical and legal (but not feasibility or economic) inspections,
investigations, tests and studies Buyer elects to make or obtain, including, but not l imited to,
investigations with regard to zoning, building codes and other governmental regulations;
engineering tests; soils, seismic and geologic reports; environmental audits, inspections and studies;
environmental investigation or other invasive or subsurface testing; and any other physical or legal
inspections and/or investigations as Buyer may elect to make or obtain.
(iv) Natural Hazard Report. Seller shall cause the Escrow Holder to
provide to Buyer prior to the Soil and Title Contingency Date the Natural Hazard Report described
at Section 8(a)(iii) of this Agreement; provided that Seller shall bear the cost to prepare such Natural
Hazard Report.
(v) Property and Formation Documents. On or before the Soil and Title
Contingency Date, Buyer shall have approved in writing, in Buyer’s reasonable discretion, the
terms, conditions and status of all of the Property Documents.
(vi) Delivery of Documents. Seller’s delivery of all documents described
in Section 8, below.
(vii) Representations and Warranties. All representations and warranties
of Seller contained in this Agreement shall be materially true and correct as of the date made and as
of the Closing.
(viii) Title Company Confirmation. The Title Company shall have
confirmed that it is prepared to issue the Buyer’s Title Policy consistent with the provisions of this
Agreement.
(ix) CWOB and DOF Approval. The CWOB and, if required as a
condition of the issuance of title insurance or by either party hereto, approval by DOF, shall have
been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
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(x) No Default. As of the Closing, Seller shall not be in default in the
performance of any material covenant or agreement to be performed by Seller under this
Agreement.
(b) Termination Right. Each of (i), (ii) and (iii) shall operate independently and
each shall entitle Seller to terminate this Agreement, as follows:
(i) If the Independent Consideration Amount is not paid by Buyer to
Seller by the time set forth therefor in Section 3(b)(i) of this Agreement, then this Agreement shall
terminate upon Seller giving notice thereof to Buyer;
(ii) If any of Buyer’s Contingencies are not met by the Closing
Contingency Date, and Seller so informs Buyer, Buyer may, by written notice to Seller, terminate
this Agreement.
If this Agreement is so terminated, then (except to the extent expressly allocated to one party
hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless
Seller is in default hereunder, in which case Seller shall pay all such fees. If the Agreement has not
been terminated pursuant to (i) or (ii) of this Sect ion 6(b) and Buyer has not terminated this
Agreement in writing (“Termination Notice”) on or before 5:00 p.m. on the Monday preceding the
scheduled Closing (“Termination Notice Deadline”), then all such Buyer’s Contingencies shall be
deemed to have been satisfied and this Agreement shall continue pursuant to its terms. If Buyer has
not delivered a Termination Notice as the items set forth in Sections 6(a)(i)-(xi) inclusive, prior to
the Termination Notice Deadline, such Buyer’s Contingencies shall be deemed to have been
satisfied.
If this Agreement is terminated, then (except to the extent expressly allocated to one party
hereto by this Agreement) any escrow, title or other cancellation fees shall be paid by Buyer, unless
Seller is in default hereunder, in which case Seller shall pay all such fees.
(c) Seller’s Cure Right. Buyer shall notify Seller, in Buyer’s Termination
Notice, of Buyer’s disapproval or conditional approval of any Title Documents. Seller shall then
have the right, but not the obligation, to (i) remove from title any disapproved or conditionally
approved Exception(s) (or cure such other title matters that are the basis of Buyer’s disapproval or
conditional approval of the Title Documents) within five (5) business days after Seller’s recei pt of
Buyer’s Termination Notice, or (ii) provide assurances reasonably satisfactory to Buyer that such
Exception(s) will be removed (or other matters cured) on or before the Closing. With respect to any
such Exception, it shall be sufficient for purposes hereof for Seller to commit in writing, within the
applicable period, to remove such Exception at or before the Closing. Seller’s failure to remove
such Exception after committing to do so shall be a default hereunder. An Exception shall be
deemed removed or cured if Seller furnishes Buyer with evidence that the Title Company will issue
the Buyer’s Title Policy, as defined herein, at the Closing deleting such Exception or providing an
endorsement (at Seller’s expense) reasonably satisfactory to Buyer con cerning such Exception. If
Seller cannot or does not remove or agree to remove any of the disapproved Exception(s) (or cure
other matters) within such five (5) business day period, Buyer shall have three (3) business days
after the expiration of such five (5) business day period to give Seller written notice that Buyer
elects to proceed with the purchase of the Real Property subject to the disapproved Title
Document(s), it being understood that Buyer shall have no further recourse against Seller for such
disapproved Title Exception(s).
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7. Seller’s Conditions Precedent and Termination Right. The Closing and Seller’s
obligations with respect to the transaction contemplated by this Agreement are subject to the timely
satisfaction or written waiver of the following condition precedent (“Seller’s Contingencies”), which
are for Seller’s benefit only:
(a) Completion of Title Review. Seller shall have received written confirmation
from Buyer on or before the Soil and Title Contingency Date that Buyer has completed its review of
title and that the condition of title satisfactory.
(b) Confirmation Concerning Site. Seller shall have received written
confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has reviewed
the condition of the Real Property, including without limitation concerning Hazardous Materials,
zoning and suitability, and approves the condition of the Real Property.
(c) Confirmation Regarding Buyer’s Title Policy. Seller shall have received
written confirmation from Buyer on or before the Soil and Title Contingency Date that Buyer has
approved a pro forma title policy.
(d) Liens. Seller shall have obtained the consent of any lien holder to the release
of such liens prior to or concurrent with closing.
(e) CWOB and DOF Approval. The approval by the CWOB and DOF shall
have been given as to the disposition of the Real Property by Seller to Buyer under this Agreement.
(f) Delivery of Documents. Buyer’s delivery of all documents described in
Section 9(a), below.
Should any of Buyer’s Contingencies not be met by the respective times set forth for
the satisfaction for such contingency (and without regard to whether all such contingencies have
been removed or satisfied) and Buyer has so informed Seller, Seller may, b y written notice to Buyer,
terminate this Agreement; such termination rights shall be in addition to those termination rights of
Seller as set forth in Section 6. If this Agreement is so terminated, then (except to the extent
expressly allocated to one party hereto by this Agreement) any escrow, title or other cancellation
fees shall be paid by Buyer.
8. Seller’s Deliveries to Escrow Holder.
(a) Seller’s Delivered Documents. At least one (1) business day prior to the
Closing Date, Seller shall deposit or cause t o be deposited with Escrow Holder the following items,
duly executed and, where appropriate, acknowledged (“Seller’s Delivered Items”):
(i) Deed. The Deed.
(ii) FIRPTA/Tax Exemption Forms. The Transferor’s Certification of
Non-Foreign Status in the form attached hereto as Exhibit C (the “FIRPTA Certificate”), together
with any necessary tax withholding forms, and a duly executed California Form 593-C, as
applicable (the “California Exemption Certificate”).
(iii) Hazard Disclosure Report. Unless earlier delivered to Buyer, Seller
shall cause Escrow Holder to obtain and deliver to Buyer, at Seller’s cost, a Natural Hazard Report
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as provided for under Sections 1102 and 1103 of the California Civil Code (the “Natural Hazard
Report”) before the Closing.
(iv) Possession of Real Property. Possession of the Real Property free of
any tenancies or occupancy.
(v) Authority. Such evidence of Seller’s authority and authorization to
enter into this Agreement and to consummate this transaction as may be reasonably requested by
Buyer and the Title Company which are consistent with the terms of this Agreement .
(vi) Further Documents or Items. Any other documents or items
reasonably required to close the transaction contemplated by this Agreement as determined by the
Title Company which are consistent with the terms of this Agreement.
(b) Failure to Deliver. Should any of Seller’s Delivered Items not be timely
delivered to Escrow, Buyer may, by written notice to Seller, terminate this Agreement; provided,
however, that Buyer may (but shall not be obligated to) in such notice provide Seller with five (5)
business days to deliver all of Seller’s Delivered Items. If Buyer’s notice provides Seller such five
(5) business days to deliver Seller’s Delivered Items, and if Seller’s Delivered Items are not
delivered within such period, then this Agreement shall automatically terminate without further
action or notice. In the event of any such termination, any cash deposited by Buyer shall
immediately be returned to Buyer. Under no circumstances shall Buyer have a ny responsibility to
or duty to pay consultants or real estate brokers retained by Seller, Seller being solely responsible in
connection with any such contractual arrangements of Seller.
9. Buyer’s Deliveries to Escrow. At least one (1) business day prior to the Closing
Date, Buyer shall deposit or cause to be deposited with Escrow Holder the following, each duly
executed and acknowledged, by Buyer as appropriate (“Buyer’s Delivered Items”):
(a) Purchase Price. The Purchase Price, less amounts which Seller confirms in
writing to Escrow Holder were theretofore paid to Seller as the Independent Consideration Amount,
together with additional funds as are necessary to pay Buyer’s closing costs set forth in
Section 10(b) herein. In the event Seller does not qualify for an exemption from California
withholding tax under Section 18662 of the California Revenue and Taxation Code, as evidenced by
the delivery at Closing of the California Exemption Certificate duly executed by Seller, Ti tle
Company shall withhold three and one-third percent (3-1/3%) of the Purchase Price on behalf of
Buyer for payment to the California Franchise Tax Board in accordance with Section 11(b) hereof.
In the event Seller is not exempt from such withholding or does not otherwise deliver the California
Exemption Certificate at Closing, Buyer shall execute and deliver three (3) originals of California
Form 593 to Title Company at or immediately after Closing.
(b) Change of Ownership Report. One (1) original Preliminary Change of
Ownership Report.
(c) Final Escrow Instructions. Buyer’s final written escrow instructions to close
escrow in accordance with the terms of this Agreement.
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(d) Authority. Such proof of Buyer’s authority and authorization to enter into
this Agreement and to consummate the transaction contemplated hereby as may be reasonably
requested by Seller or the Title Company.
(e) Moneys for Buyer’s Real Estate Broker. Buyer shall deposit any moneys
due and payable to Buyer’s Real Estate Broker in connection with the sale of the Real Property.
(f) Further Documents or Items. Any other documents or items reasonably
required to close the transaction contemplated by this Agreement as determined by the Title
Company.
10. Costs and Expenses.
(a) Seller’s Costs. If the transaction contemplated by this Agreement is
consummated, then Seller shall be debited for and bear the following costs: (i) costs and charges
associated with the removal of encumbrances; (ii) Seller’s share of prorations; (iii) the premium for
a Standard Buyer’s Title Policy with coverage in the amount of the Purchase Price; (iv)
documentary recording fees, if any; (v) documentary transfer tax, if any; (vi) Seller’s Real Estate
Broker’s Commission of Four Thousand Five Hundred Dollars ($4,700) which the parties
acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s
Commission for sale of the Property in accordance with Seller’s listing agreement with Seller’s Real
Estate Broker and that the broker's commission shall be divided equally between Buyer's Real Estate
Broker and Seller's Real Estate Broker; (vii) one half of the escrow charges; and (viii) costs, if any,
allocable to Seller under this Agreement and costs for such services as Seller may additionally
request that Escrow perform on its behalf (which foregoing items collectively constitute “Seller’s
Costs and Debited Amounts”).
(b) Buyer’s Costs. If the transaction contemplated by this Agreement is
consummated, then Buyer shall bear the following costs and expenses: (i) the Escrow Holder’s fee;
(ii) Buyer’s share of prorations, (iii) the premium for title insurance other than or in excess of a
Standard Buyer’s Title Policy based on the Purchase Price, and, if applicable, the cost for any
survey required in connection with the delivery of an ALTA owner’s extended coverage policy of
title insurance; (iv) one half of escrow charges; (v) recording and other costs of closing; (vi) costs, if
any, for such services as Buyer may additionally request that Escrow perform on its behalf; and
(vii) any costs associated with Buyer borrowing money in order to pay to Seller the Purchase Price
(collectively, “Buyer’s Costs and Debited Amounts”).
(c) Generally. Each party shall bear the costs of its own attorneys, consultants,
and real estate brokers, other than broker’s commission, in connection with the negotiation and
preparation of this Agreement and the consummation of the transaction contemplated hereby. The
parties acknowledge and agree that at Close of Escrow, Seller shall pay Seller’s Real Estate
Broker’s Commission for sale of the Property in accordance with Seller’s listing agreement with
Seller’s Real Estate Broker and that the broker's commission shall be divided equally between
Buyer's Real Estate Broker and Seller's Real Estate Broker.
11. Prorations; Withholding.
(a) All revenues (if any) and expenses relating to the Real Property (including,
but not limited to, property taxes, utility costs and expenses, water charges and sewer rents and
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refuse collection charges) shall be prorated as of the Closing Date; provided that all delinquent taxes
shall be satisfied at the expense of Seller. Not less than five (5) bus iness days prior to the Closing,
Seller shall deliver to Buyer a tentative schedule of prorations for Buyer’s approval (the “Proration
and Expense Schedule”). If any prorations made under this Section shall require final adjustment
after the Closing, then the parties shall make the appropriate adjustments promptly when accurate
information becomes available and either party hereto shall be entitled to an adjustment to correct
the same. Any corrected or adjustment proration shall be paid promptly in cash t o the party entitled
thereto.
(b) In the event Seller does not qualify for an exemption from California
withholding tax under Section 18662 of the California Revenue and Taxation Code (the “Tax
Code”) as evidenced by the delivery to Buyer at Closing of the Cal ifornia Exemption Certificate
duly executed by Seller, (i) Title Company shall withhold three and one-third percent (3-1/3%) of
the Purchase Price on behalf of Buyer at Closing for payment to the California Franchise Tax Board
in accordance with the Tax Code, (ii) Buyer shall deliver three (3) duly executed copies of
California Form 593 to Title Company at or immediately after Closing, (iii) two (2) copies of
California Form 593 shall be delivered by Title Company to Seller, and (iv) on or before the 20th
day of the month following the month title to the Real Property is transferred to Buyer (as evidenced
by the recording of the Grant Deed), Title Company shall remit such funds withheld from the
Purchase Price, together with one (1) copy of California Form 593 to the California Franchise Tax
Board on behalf of Buyer. Buyer and Seller hereby appoint Title Company as a reporting entity
under the Tax Code, authorized to withhold and remit the withholding tax contemplated under the
Tax Code, together with such other documents required by the Tax Code (including, without
limitation, California Form 593), to the California Franchise Tax Board.
12. Closing Procedure. When the Title Company is unconditionally prepared (subject
to payment of the premium therefor) to issue the Buyer’s Title Policy and all required documents
and funds have been deposited with Escrow Holder, Escrow Holder shall immediately close Escrow
in the manner and order provided below.
(a) Recording. Escrow Holder shall cause the Deed to be recorded pursuant to
applicable law in the county in which the Real Property is located and obtain conformed copies
thereof for distribution to Buyer and Seller.
(b) Disburse Funds. Escrow Holder shall debit or credit (as provided herein) all
Buyer’s Costs and Debited Amounts, Seller’s Costs and Debited Amounts and General Expenses,
prorate matters and withhold funds as provided herein. The Purchase Price, less any applicable
debits or credits (including any liens as to which such liens and the amount to satisfy such liens shall
have been confirmed in writing by Seller to Escrow Holder) shall be distributed by check payable to
Seller unless Escrow Holder is instructed otherwise in writing signed by Seller (and, in such event,
in accordance with such instructions). Seller a uthorizes Escrow Holder to request demands for
payment and to make such payments from the Purchase Price (or such other funds, if any, as are
advanced by Seller) to defray the cost of removing deeds of trust, liens and other encumbrances (but
not for obligations of Buyer). Escrow Holder shall disburse on behalf of Buyer such moneys as are
deposited by Buyer (in addition to the Purchase Price and Buyer’s share of closing costs) as the
commission for Buyer’s Real Estate Broker (unless Buye r’s Real Estate Broker shall deliver a
written statement to Escrow Holder which indicates that Buyer has arranged to pay Buyer’s Real
Estate Broker outside escrow and that payment of such remuneration is a matter with respect to
which Escrow Holder and Seller need not be concerned).
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(c) Documents to Seller. Escrow Holder shall deliver to Seller a conformed
copy of the Deed, and documents, if any, recorded on behalf of any lender, as duly recorded among
the official land records of the County of San Bernardino, and a copy of each other document (or
copies thereof) deposited into Escrow by Buyer pursuant hereto.
(d) Documents to Buyer. Escrow Holder shall deliver to Buyer the original
FIRPTA Certificate, the original California Exemption Certificate (as applicable), and a conformed
copy of each of the Deed as duly recorded among the official land records of the County of San
Bernardino, the Natural Hazard Report, and each other document (or copies thereof) deposited into
Escrow by Seller pursuant hereto, including, without limitation, those documents referenced in
Section 8.
(e) Title Company. Escrow Holder shall cause the Title Company to issue the
Buyer’s Title Policy to Buyer.
(f) Closing Statement. Escrow Holder shall forward to both Buyer and Seller a
separate accounting of all funds received and disbursed for each party.
(g) Informational Reports. Escrow Holder shall file any information reports
required by Internal Revenue Code Section 6045(e), as amended.
(h) Possession. Possession of the Real Property shall be delivered to Buyer at
the Closing.
13. Representations and Warranties.
(a) Seller’s Representations and Warranties. In consideration of Buyer entering
into this Agreement and as an inducement to Buyer to purchase the Real Property, Seller makes the
following representations and warranties as of the Effective Date and as of the Closing, each of
which is material and is being relied upon by Buyer (and the truth and accuracy of which shall
constitute a condition precedent to Buyer’s obligations hereunder), and all of which are material
inducements to Buyer to enter into this Agreement (and but for which Buyer would not have entered
into this Agreement) and shall survive Closing; provided that each of the representations and
warranties of Seller is based upon the information and belief of the Executive Director of the
Successor Agency:
(i) Seller believes that it has the legal power, right and authority to enter
into this Agreement and the instruments referenced herein, and to consummate the transaction
contemplated subject to the approval of the CWOB and, as may be applicable, DOF.
(ii) Subject to the approval of the CWOB and, as may be applicable,
DOF, Seller believes that all requisite action (corporate, trust, partnership or otherwise) has been
taken by Seller in connection with entering into this Agreement and the instruments referenced
herein; and, by the Closing, all such necessary action will have been taken to authorize the
consummation of the transaction contemplated hereby.
(iii) Subject to the approval of the CWOB and, as may be applicable,
DOF, the individual executing this Agreement and the instruments referenced herein on behalf of
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Seller has the legal power, right and actual authority to bind Seller to the terms and conditions
hereof and thereof.
(iv) Seller believes that neither the execution or delivery of this
Agreement or the documents or instruments referenced herein, nor incurring the obligations set forth
herein, nor the consummation of the transaction contemplated herein, nor compliance with the terms
of this Agreement or the documents or instruments referenced herein or therein conflict with or
result in the material breach of any terms, conditions or provisions of, or constitute a default under,
any bond, note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust,
loan, lease or other agreement or instrument to which Seller is a party or that affect the Real
Property, including, but not limited to, any of the Title Documents or the Property Documents.
(v) There is no pending litigation nor, to the best of Seller’s knowledge,
threatened litigation, which does or will adversely affect the right of Seller to convey the Real
Property. There are no claims which have been received by Seller that have not been disclosed to
Buyer.
(vi) Seller has made no written or oral commitments to or agreements
with any governmental authority or agency materially and adversely affecting the Real Property, or
any part hereof, or any interest therein, which will survive the Closing.
(vii) There are no leases or rental agreements i n effect as to the Real
Property.
(viii) Seller is not in default of its obligations under any contract,
agreement or instrument to which Seller is a party pertaining to the Real Property.
(ix) There are no mechanics’, materialmen’s or similar claims or liens
presently claimed or which will be claimed against the Real Property for work performed or
commenced for Seller or on Seller’s behalf prior to the date of this Agreement.
(x) There are no undisclosed contracts, licenses, commitments,
undertakings or other written or oral agreements for services, supplies or materials concerning the
use, operation, maintenance, or management of the Real Property that will be binding upon Buyer or
the Real Property after the Closing. There are no oral contracts or other oral agreements for
services, supplies or materials, affecting the use, operation, maintenance or management of the Real
Property.
(xi) There are not as of the Effective Date, nor will there be as of the
Closing, any written or oral leases or contractual right or option to lease, purchase, or otherwise
enjoy possession, rights or interest of any nature in and to the Real Property or any part thereof, and
no person other than Buyer shall have any right of possession to the Real Property or any part
thereof as of the Closing.
(xii) No person, excepting Seller, has possession or any rights to
possession of the Real Property or portion thereof.
(b) Subsequent Changes to Seller’s Representations and Warranties. If, prior to
the Closing, Buyer or Seller should learn, discover or become awar e of any existing or new item,
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fact or circumstance which renders a representation or warranty of Seller set forth herein incorrect
or untrue in any respect (collectively, the “Seller Representation Matter”), then the party who has
learned, discovered or become aware of such Representation Matter shall promptly give written
notice thereof to the other party and Seller’s representations and warranties shall be automatically
limited to account for the Representation Matter. Buyer shall have the right to appr ove or
disapprove any such change and to terminate this Agreement by written notice to Seller if Buyer
reasonably disapproves any such change. If Buyer does not elect to terminate this Agreement,
Seller’s representation shall be qualified by such Seller R epresentation Matter and Seller shall have
no obligation to Buyer for such Seller Representation Matter.
(c) Buyer’s Representations and Warranties. In consideration of Seller entering
into this Agreement and as an inducement to Seller to sell the Real Proper ty, Buyer makes the
following representations and warranties as of the date hereof and at and as of the Closing, each of
which is material and is being relied upon by Seller (and the truth and accuracy of which shall
constitute a condition precedent to Seller’s obligations hereunder), and all of which shall survive
Closing:
(i) Buyer has the legal power, right and authority to enter into this
Agreement and the instruments referenced herein, and to consummate the transaction contemplated
hereby.
(ii) All requisite action has been taken by Buyer in connection with
entering into this Agreement and the instruments referenced herein; and, by the Closing, all such
necessary action will have been taken to authorize the consummation of the tr ansaction
contemplated hereby.
(iii) The individuals executing this Agreement and the instruments
referenced herein on behalf of Buyer have the legal power, right and actual authority to bind Buyer
to the terms and conditions hereof and thereof.
(iv) Neither the execution and delivery of this Agreement and the
documents and instruments referenced herein, nor incurring the obligations set forth herein, nor the
consummation of the transaction contemplated herein, nor compliance with the terms of this
Agreement and the documents and instruments referenced herein conflict with or result in the
material breach of any terms, conditions or provisions of, or constitute a default under, any bond,
note or other evidence of indebtedness or any contract, indenture, mortgage, deed of trust, loan,
partnership agreement, lease or other agreement or instrument to which Buyer is a party or by which
any of Buyer’s properties are bound.
(d) Subsequent Changes to Buyer’s Representations and Warranties . If, prior to
the Closing, Seller or Buyer should learn, discover or become aware of any existing or new item,
fact or circumstance which renders a representation or warranty of Buyer set forth herein incorrect
or untrue in any respect (collectively, the “Buyer’s Representation Matter”), then the party who has
learned, discovered or become aware of such Buyer’s Representation Matter shall promptly give
written notice thereof to the other party and Buyer’s representations and warranties shall be
automatically limited to account for the Buyer’s Representation Matter. Seller shall have the right
to approve or disapprove any such change and to terminate this Agreement by written notice to
Buyer if Seller reasonably disapproves any such change. If Seller does not elect to terminate this
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Agreement, Buyer’s representation shall be qualified by such Buyer’s Representation Matter and
Buyer shall have no obligation to Seller for such Buyer’s Representation Matter.
14. Fair Value Price. Each of Buyer and Seller believe that the Purchase Price
represents a fair value price for the Real Property. At such time as Buyer makes improvements to
the Real Property, the costs for planning, designing, and constructing such improvements shall be
borne exclusively by the Buyer and the Buyer shall construct or cause to be constructed such
improvements in compliance with all the zoning, planning and design review requirements of the
San Bernardino Municipal Code, and all nondiscrimination, labor standard, and wage rate
requirements to the extent such labor and wage requirements are applicable.
Buyer, including but not limited to its contractors and subcontractors, shall be responsible to
comply with Labor Code Section 1720, et seq., if applicable, and its implementing regulations,
regarding the payment of prevailing wages (the “State Prevailing Wage Law”), if applicable, and, if
applicable, federal prevailing wage law (“Federal Prevailing Wage Law” and, together with State
Prevailing Wage Law, “Prevailing Wage Laws”) with regard to the construction of improvements to
the Real Property, but only if and to the extent such sections are applicable to the development of
the Real Property. Insofar as the parties understand that Buyer is paying a fair market price for the
Real Property, the parties believe that the payment of prevailing wages will not be require d. In any
event, Buyer shall be solely responsible for determining and effectuating compliance with the
Prevailing Wage Laws, neither the Seller nor the City makes any final representation as to the
applicability or non-applicability of the Prevailing Wage Laws to improvements to the Real
Property, or any part thereof. Buyer hereby releases from liability, and agrees to indemnify, defend,
assume all responsibility for and hold each of the Seller and the City, and their respective officers,
employees, agents and representatives, harmless from any and all claims, demands, actions, suits,
proceedings, fines, penalties, damages, expenses resulting from, arising out of, or based upon
Buyer’s acts or omissions pertaining to the compliance with the Prevailing Wage Laws as to the
Real Property. This Section 14 shall survive Closing.
15. General Provisions.
(a) Condemnation. If any material portion of the Real Property shall be taken or
appropriated by a public or quasi-public authority exercising the power of eminent domain, Buyer
shall have the right, at its option, to (i) terminate this Agreement or (ii) proceed with the purchase of
the Real Property and receive all of the award or payment made in connection with such taking.
(b) Notices. All notices, demands, requests or other communications required or
permitted hereunder (collectively, “Notices”) shall be in writing, shall be addressed to the receiving
party as provided in the Basic Terms section above, and shall be personally delivered, sent by
overnight mail (Federal Express or another carrier that provides receipts for all deliveries), sent by
certified mail, postage prepaid, return receipt requested, or sent by facsimile transmission (provided
that a successful transmission report is received). All Notices shall be e ffective upon receipt at the
appropriate address. Notice of change of address shall be given by written notice in the manner
detailed in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no Notice in accordance with this Section was given shall be deemed to
constitute receipt of such Notice. The providing of copies of Notices to the parties’ respective
counsels is for information only, is not required for valid Notice and does not alone con stitute
Notice hereunder.
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(c) Brokers. Seller assumes sole responsibility for any consultants or brokers
(“Seller’s Agents”) it may have retained in connection with the sale of the Real Property (and Buyer
shall have no responsibility in connection with such matters). Seller represents that it has engaged
Keller Williams Realty as “Seller’s Real Estate Broker” and that Seller shall be solely responsible
for any commission, cost, fee or compensation of any kind due to Seller’s Real Estate
Broker. Seller represents to Buyer that Seller has not engaged any consultants, finders or real estate
brokers other than Seller’s Real Estate Broker in connection with the sale of the Real Property to the
Buyer, and there are no brokerage commission, finder’s fee or other co mpensation of any kind due
or owing to any person or entity in connection with this Agreement other than Seller’s costs with
respect to the Seller’s Real Estate Broker Commission. Seller agrees to and does hereby indemnify
and hold the Buyer free and harmless from and against any and all costs, liabilities or causes of
action or proceedings which may be instituted by any broker, agent or finder, licensed or otherwise,
claiming through, under or by reason of the conduct of the Seller in connection with this
Agreement. Buyer assumes sole responsibility for any consultants or brokers (“Buyer’s Agents”) it
may have retained in connection with the purchase of the Real Property. Buyer represents that it has
engaged Roger Chi as “Buyer’s Real Estate Broker” and other than the portion of the Seller’s Real
Estate Broker’s Commission that is payable to the Buyer’s Real Estate Broker per Section 10(a) of
this Agreement, Buyer shall be solely responsible for any other cost, fee or compensation of any
kind due to Buyer’s Real Estate Broker, if any. Buyer represents to Seller that Buyer has not
engaged any consultants, finders or real estate brokers other than Buyer’s Real Estate Broker in
connection with the sale of the Real Property to the Buyer, and there ar e no brokerage commission,
finder’s fee or other compensation of any kind due or owing to any person or entity in connection
with this Agreement. Buyer agrees to and does hereby indemnify and hold the Seller free and
harmless from and against any and all costs, liabilities or causes of action or proceedings which may
be instituted by any broker, agent or finder, licensed or otherwise, claiming through, under or by
reason of the conduct of the Buyer in connection with this Agreement. The Parties acknowledge
and agree that Buyer has been represented in this transaction by Roger Chi as “Buyer’s Real Estate
Broker.” At Close of Escrow, Seller shall pay Seller’s Real Estate Broker’s Commission for sale of
the Property in accordance with Seller’s listing agreement with Seller’s Real Estate Broker. The
broker's commission shall be divided equally between Buyer's Real Estate Broker and Seller's Real
Estate Broker.
(d) Waiver, Consent and Remedies. Each provision of this Agreement to be
performed by Buyer and Seller shall be deemed both a covenant and a condition and shall be a
material consideration for Seller’s and Buyer’s performance hereunder, as appropriate, and any
breach thereof by Buyer or Seller shall be deemed a material default hereunder. Either party may
specifically and expressly waive in writing any portion of this Agreement or any breach thereof, but
no such waiver shall constitute a further or continuing waiver of a preceding or succeeding breach of
the same or any other provision. A waiving party may at any time thereafter require further
compliance by the other party with any breach or provision so waived. The consent by one party to
any act by the other for which such consent was required shall not be deemed to imply consent or
waiver of the necessity of obtaining such consent for the same or any similar acts in the future. No
waiver or consent shall be implied from silence or any failure of a party to act, except as otherwise
specified in this Agreement. All rights, remedies, undertakings, obliga tions, options, covenants,
conditions and agreements contained in this Agreement shall be cumulative and no one of them
shall be exclusive of any other. Except as otherwise specified herein, either party hereto may pursue
any one or more of its rights, options or remedies hereunder or may seek damages or specific
performance in the event of the other party’s breach hereunder, or may pursue any other remedy at
law or equity, whether or not stated in this Agreement.
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(e) Cooperation. Buyer and Seller agree to execute such instruments and
documents and to diligently undertake such actions as may be required in order to consummate the
purchase and sale herein contemplated and shall use all reasonable efforts to accomplish the Closing
in accordance with the provisions hereof and, following Closing.
(f) Remedies. Without limitation as to the availability of other remedies, this
Agreement may be enforced by an action for specific enforcement.
(g) Time. Time is of the essence of every provision herein contained. In the
computation of any period of time provided for in this Agreement or by law, the day of the act or
event from which said period of time runs shall be excluded, and the last day of such period shall be
included, unless it is a Saturday, Sunday, or legal holiday, in which case the period shall be deemed
to run until 5:00 p.m. of the next day that is not a Saturday, Sunday, or legal holiday. Except as
otherwise expressly provided herein, all time periods expiring on a specified date or period herein
shall be deemed to expire at 5:00 p.m. on such specified date or period.
(h) Counterparts; Facsimile Signatures. This Agreement may be executed in
multiple counterparts, each of which shall be deemed an original, but all of which, together, shall
constitute but one and the same instrument. A facsimile signature shall be deemed an original
signature.
(i) Captions. Any captions to, or headings of, the sections or subsections of this
Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and
shall not be used for the interpretation or determination of the validity of this Agreement or any
provision hereof.
(j) Obligations to Third Parties. City shall be deemed to be a third party
beneficiary of this Agreement. Excepting only for the City, t he execution and delivery of this
Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties to this
Agreement to, any person or entity other than the parties hereto.
(k) Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
(l) Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or a ny other provision
hereof.
(m) Applicable Law. This Agreement shall be governed by and construed in
accordance with the local law of the State of California.
(n) Exhibits and Schedules. The exhibits and schedules attached hereto are
incorporated herein by this reference for all purposes.
(o) Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, including, without limitation, that certain
Standard Offer, Agreement and Escrow Instructions for Purchase of Real Estate dated June 15,
2020, and contains the entire agreement between, and the final expression of, Buyer and Seller with
respect to the subject matter hereof. The parties hereto expressly agree and confirm that this
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Agreement is executed without reliance on any oral or written statements, representations or
promises of any kind which are not expressly contained in this Agreement. No subsequent
agreement, representation or promise made by either party hereto, or by or to an employee, officer,
agent or representative of either party hereto shall be of any effect unless it is in writing and
executed by the party to be bound thereby.
(p) Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the permitted successors and assigns of the parties hereto.
(q) Assignment. Neither party may assign its rights under this Agreement
without the prior consent of the other party.
[signatures begin on the following page]
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
“SELLER”
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO, a public entity, corporate
and politic
By:
Teri Ledoux
Executive Director
“BUYER”
JEANNETTE CHI OKADA
By:
Name: Jeannette Chi Okada
Approved as to form:
Sonia Carvalho, City Attorney
By: ______________________
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Acceptance by Escrow Holder:
Commonwealth Land and Title Company hereby acknowledges that it has received a fully
executed copy of the foregoing Purchase and Sale Agreement and Joint Escrow Instructions by and
between the Successor Agency to the Redevelopment Agency of the City of San Bernardino , a
public entity, corporate and politic (“Seller”), and Jeannette Okada (“Buyer”) and agrees to act as
Escrow Holder thereunder and to be bound by and strictly perform the terms thereof as such terms
apply to Escrow Holder.
Dated: _____________, 2020
COMMONWEALTH LAND AND TITLE
COMPANY
By:
Name:
Its:
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A-1
EXHIBIT A
LEGAL DESCRIPTION
Lot 5, Block C, Dunn and Black Subdivision, as per plat recorded in Book 15, Page 67 of Maps in
the City of San Bernardino, County of San Bernardino, State of California.
Address: 1256 Wall Avenue, San Bernardino, CA
APN: 0146-241-07
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EXHIBIT B
DEED
NOT FOR SIGNATURE
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
“BUYERS”
APN: 0146-241-07 [Space above for recorder.]
DOCUMENTARY TRANSFER TAX
$ ______
computed on the consideration or value of
property conveyed; OR computed on the
consideration or value less liens or
encumbrances remaining at time of sale.
Signature of Declarant or Agent determining tax
- Firm Name
GRANT DEED
FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the
Successor Agency to the Redevelopment Agency of the City of San Bernardino, a public entity,
corporate and politic (“Grantor”), hereby grants to Jeannette Chi Okada, a married woman, as her
sole and separate property (“Grantee”), that certain real property located in the City of San
Bernardino, County of San Bernardino, State of California, more particularly described on
Attachment No. 1 attached hereto and incorporated herein by this reference (the “Property”), subject
to existing easements, restrictions and covenants of record.
IN WITNESS WHEREOF, Grantor has executed this Grant Deed as of __________, 2020.
SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY OF THE CITY
OF SAN BERNARDINO
By: NOT FOR SIGNATURE
Teri Ledoux
Executive Director
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ATTACHMENT NO. 1 TO GRANT DEED
TO EXHIBIT B
ATTACHMENT NO. 1 TO GRANT DEED
LEGAL DESCRIPTION
Lot 5, Block C, Dunn and Black Subdivision, as per plat recorded in Book 15, Page 67 of Maps in
the City of San Bernardino, County of San Bernardino, State of California.
Address: 1256 Wall Avenue, San Bernardino, CA
APN: 0146-241-07
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A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the truthfulness,
accuracy, or validity of that document.
STATE OF CALIFORNIA )
) ss.
COUNTY OF ____________ )
On _____________________________, before me, _______________________________ , Notary Public,
(Print Name of Notary Public)
personally appeared
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
Individual
Corporate Officer
__________________________________________
Title(s)
__________________________________________
Title Or Type Of Document
Partner(s) Limited General
Attorney-In-Fact
Trustee(s)
Guardian/Conservator
Other: ________________________________
Signer is representing:
Name Of Person(s) Or Entity(ies)
__________________________________________
__________________________________________
__________________________________________
Number Of Pages
__________________________________________
Date Of Documents
__________________________________________
Signer(s) Other Than Named Above
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EXHIBIT C
FIRPTA CERTIFICATE
TRANSFEROR’S CERTIFICATE OF NON-FOREIGN STATUS
To inform Jeannette Okada (the “Transferee”), that withholding of tax under Section 1445 of
the Internal Revenue Code of 1986, as amended (“Code”) will not be required upon the transfer of
certain real property to the Transferee by the Successor Agency to the Redevelopment Agency of the
City of San Bernardino (the “Transferor”), the undersigned hereby certifies the following:
1. The Transferor is not a foreign person or citizen, foreign corporation, foreign
partnership, foreign trust, or foreign estate (as those terms are defined in the Code and the Income
Tax Regulations promulgated thereunder);
2. The Transferor’s social security number or U.S. employer identification number is as
follows: _________________.
3. The Transferor’s home or office address is:
City of San Bernardino
Successor Agency
290 N. “D” Street – 3rd Floor
San Bernardino, CA 92401
The Transferor understands that this certification may be disclosed to the Internal Revenue
Service by the Transferee and that any false statement contained herein could be punished by fine,
imprisonment or both. Under penalty of perjury, I declare that I have examined this certification and
to the best of my knowledge and belief it is true, correct and complete, and I further declare that I
have authority to sign this document.
NOT FOR SIGNATURE
Successor Agency to the Redevelopment
Agency of the City of San Bernardino
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Owner Occupied Rehabilitation Program
Recommendation
It is recommended that the Mayor and the City Council of the City of San Bernardino,
California:
1. Adopt Resolution 2020-137 authorizing the execution of an amendment of a
HOME Investment Partnerships Program Agreement with Neighborhood
Partnership Housing Services to modify loan terms and obligations of the Owner
Occupied Rehabilitation Program.
2. Approve modification of Owner Occupied Rehabilitation Program Loan Terms
and Obligations from a deferred loan to a forgivable loan.
On June 6, 2018, the Mayor and City Council adopted Resolution No. 2018 -157,
approving Fiscal Year 2018-2019 Annual Action Plan that designated $250,000 in
Community Development Block Grant (CDBG) funds to continue Owner Occ upied
Rehabilitation Program (OORP).
On September 5, 2018, the Mayor and City Council approved a Community
Development Block Grant (CDBG) Subrecipient Agreement with Neighborhood
Partnership Housing Solutions, Inc. (NPHS) for a term of one year to replace the
existing Vendor Services Agreement, and Policies and Procedures for Owner Occupied
Rehabilitation Program (OORP).
On May 15, 2019, the Mayor and City Council adopted Fiscal Year 2019 -2020 Annual
Action Plan which changed the funding for OORP from CD BG to HOME Investment
Partnerships Program (HOME) funding in the amount $450,000.
On August 21, 2019 the Mayor and City Council approved HOME Agreement with
NPHS and modification of the OORP loan terms and obligations from a forgivable loan
to a deferred loan.
The OORP is administered by NPHS, and since its implementation in 2017, OORP has
provided assistance to fifteen households throughout the City of San Bernardino.
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Discussion
Loans of up to $40,000 are provided to income eligible households for imp rovements to
their homes. Such improvements include paint, plumbing, roofing, landscaping, ADA
improvements, and energy efficiency upgrades.
A programmatic change is necessary due to a noticeable reduction in the demand for
deferred loans. Current OORP loan terms and obligations are deferred loans at three
percent simple interest per annum. There are no payments on the loan; however, the
loan will become due and payable upon the following conditions: 1) sale of property; 2)
transfer of title; 3) applicant ceases to occupy the home as their primary residence; and
4) the applicant refinances the property to cash-out or get equity line of credit 5) upon
settlement of the owner’s estate.
In addition to standard language that has been included in prior year s, HUD has
requested that we include the following in HOME agreements and HOME policies and
procedures: language regarding maximum after-rehabilitation and HOME compliant
property standards, language restricting when funds may be disbursed, language
relating to servicing, origination, or other fees associated with administration of the
HOME program, and language requiring return of HOME program funds.
Staff is recommending a modification of the loan terms and obligations to a ten year
term forgivable loan at zero percent. The loans will be forgiven by 20% beginning in
year six and through year ten, at which time the entire balance is forgiven.
2018-19 Goals and Objectives
Modification of loan terms and obligations supports Goal No. 4: Ensuring Development
of a Well-Planned, Balanced and Sustainable Community. The purpose of City’s OORP
is to create sustainable living environments by improving the City’s aging housing stock.
Fiscal Impact
No fiscal impact to the City. The OORP is funded with HOME Investme nt Partnerships
Program funds allocated to the City by the Department of Housing and Urban
Development (HUD).
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino
1. It is recommended that the Mayor and City Council adopt Resolution 2020-137
authorizing the execution of an amendment of a HOME Investment Partnerships
Program Agreement with Neighborhood Partnership Housing Services to modify
loan terms and obligations of the Owner Occupied Rehabilitation Program.
2. Approve modification of Owner Occupied Rehabilitation Program Loan Terms
and Obligations from a deferred loan to a forgivable loan.
Attachments
Attachment 1 Resolution No. 2020-137
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Attachment 2 Modified Owner Occupied Rehabilitation HOME
Agreement with Neighborhood Partnership Housing
Services, Inc.
Attachment 3 Modified Owner Occupied Rehabilitation Program
Policies and Procedures.
Ward: All
Synopsis of Previous Council Action:
June 6, 2018 Mayor and City Council adopted Resolution No. 2018-157,
approving Fiscal Year 2018-2019 Annual Action Plan that
designated $250,000 in CDBG funds to continue Owner Occupied
Rehabilitation Program (OORP).
September 5, 2018 Mayor and City Council approved a Community Development Block
Grant (CDBG) Subrecipient Agreement with Neighborhood
Partnership Housing Solutions, Inc. (NPHS) for a term of one year
to replace the existing Vendor Services Agreement, and Policies
and Procedures for Owner Occupied Rehabilitation Program.
May 15, 2019 Mayor and City Council adopted Fiscal Year 2019-2020 Annual
Action Plan which changed the funding for OORP from CDBG to
HOME Investment Partnership Program (HOME) funding in the
amount $450,000.
August 21, 2019 Mayor and City Council approved HOME Agreement with NPHS
and modification of the OORP loan terms and obligations from a
forgivable loan to a deferred loan.
17
Packet Pg. 1012
RESOLUTION NO. 2020-137
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING AMENDMENT OF A HOME
INVESTMENT PARTNERSHIP PROGRAM AGREEMENT
WITH NEIGHBORHOOD PARTNERSHIP HOUSING
SERVICES TO MODIFY LOAN TERMS AND
OBLIGATIONS OF THE OWNER OCCUPIED
REHABILTATION PROGRAM
WHEREAS, the City has received HOME Investment Partnership Program (HOME) and
Community Development Block Grant (CDBG) funds from the United States Department of
Housing and Urban Development (“HUD”) pursuant to the Title 1 of the Housing and
Community Development Act of 1974, Public Law 93-383, as amended; 42 U.S.C.-5301 et seq.
The funds must be used by the City in accordance with 24 C.F.R. Part 570; and
WHEREAS, on June 6, 2018, the Mayor and City Council adopted Resolution No. 2018-
157, approving Fiscal Year 2018-2019 Annual Action Plan that designated $250,000 in CDBG
funds to continue the Owner Occupied Rehabilitation Program (OORP); and
WHEREAS, on September 5, 2018, the Mayor and City Council approved a Community
Development Block Grant (CDBG) Sub recipient Agreement with Neighborhood Partnership
Housing Solutions, Inc. (NPHS) for a term of one year to replace the existing Vendor Services
Agreement , and Policies and Procedures for Owner Occupied Rehabilitation Program; and
WHEREAS, on May 15, 2019, the Mayor and City Council adopted Fiscal Year 2019 -
2020 Annual Action Plan which changed the funding for OORP from CDBG to HOME
Investment Partnership Program (HOME) funding in the amount $450,000; and
WHEREAS, on August 21, 2019 the Mayor and City Council approved HOME
Agreement with NPHS and modification of the OORP loan terms and obligations from a
forgivable loan to a deferred loan; and
WHEREAS, current OORP loan terms and obligations are deferred loans at three
percent simple interest per annum. There are no payments on the loan; however, the loan
becomes due and payable upon the following conditions: 1) sale of property; 2) transfer of title;
3) applicant ceases to occupy the home as their primary residence; and 4) the applicant
refinances the property to cash-out or get equity line of credit 5) upon settlement of the owner’s
estate; and
WHEREAS, the City noticed a reduction in the demand for deferred loans, therefore
now recommends modification of loan terms and obligations from a deferred loan to a forgivable
loan; and
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Resolution No. 2020-137
WHEREAS, the amendment will modify loan terms and obligations to a ten-year term
forgivable loan at zero percent. The loans will be forgiven by 20% beginning in year six and
through year ten, at which time the ent ire balance is forgiven.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or designee is hereby authorized to amend HOME
Investment Partnership Program Agreement to modify loan terms and obligations .
SECTION 3. The City Manager or designee is hereby authorized to execute all
documents in support of HOME Investment Partnership Program Agreement amend ment on
behalf of the City.
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 the re is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
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Resolution No. 2020-137
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-137, adopted at a regular meeting held on the 17th day of July 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this 17th day of July 2020.
Genoveva Rocha, CMC, Acting City Clerk
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HOME Investment Partnerships Program (HOME)
OWNER OCCUPIED REHABILITATION PROGRAM
MASTER AGREEMENT
by and between
City of San Bernardino
a municipal corporation and charter city
and
Neighborhood Partnership Housing Services, Inc.,
a California 50l(c)(3) public benefit corporation
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This HOME Investment Partnerships Program (HOME) Owner Occupied Rehabilitation
Program Master Agreement (“Agreement”) is dated _____________________, 2020, and is
between the City of San Bernardino, a municipal corporation and charter city (“City’’), and
Neighborhood Partnership Housing Services, Inc., a California 501(c)(3) public benefit
corporation (“NPHS”).
RECITALS
WHEREAS, City has received HOME Investment Partnerships Act funds from the United
States Department of Housing and Urban Development (“HUD”) pursuant to the Cranston-
Gonzalez National Housing Act of 1990 (‘‘HOME Funds”). The HOME Funds must be
used by City in accordance with 24 C.F.R. Part 92, as amended from time to time (“HOME
Regulations”); and
WHEREAS, City seeks to engage NPHS to serve as Project Administrator for the City’s
Owner Occupied Rehabilitation Program (“OORP”), which is funded with HOME Funds,
pursuant to which the City makes loans to owners of single family residences whose
income does not exceed 80 percent of the Area Median Income, as defined below for the
rehabilitation of said residences in accordance with the HOME Regulations (the
“Services”); and
WHEREAS, NPHS has the capacity and expertise to carry out the Services substantially in
accordance with the terms and conditions set forth in this Agreement; and
WHEREAS, NPHS desires to utilize City HOME funds in an amount not to exceed four
hundred fifty thousand Dollars ($450,000) to make loans from the City to Eligible
Households to perform rehabilitation of their single family residences in accordance with
the HOME Regulations (the “OORP Loans”), and to pay NPHS’s costs of performing the
Services, as allowed herein; and
WHEREAS, for each OORP Loan made to an Eligible Household, NPHS will deliver to
City, among other items, an “OORP Loan Agreement”, an “OORP Program Deed of
Trust”, and an “OORP Promissory Note”, each as defined below, each executed by the
Eligible Household to whom the loan is made which require the repayment of the loan; and
WHEREAS, defined terms used but not defined in these recitals are defined in Section 2
of this Agreement; and
WHEREAS, City desires to provide HOME Funds to NPHS, on the terms and conditions
set forth herein.
NOW THEREFORE, in consideration of the above recitals, the mutual covenants and
agreements hereinafter set forth and for other good and valuable consideration, the receipt,
legal sufficiency and adequacy of which are hereby acknowledged, the parties hereto agree
as follows:
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AGREEMENT
SECTION 1. Incorporation of Recitals.
The Recitals set forth above are true and correct and are incorporated into this Agreement.
SECTION 2. Definitions.
In addition to the meaning ascribed to certain words and phrases as set forth in the
Recitals of this Agreement or in other sections of this Agreement, including any of the
Attachments to this Agreement, other words and phrases shall have the meanings
described below:
“HOME Agreement” means Owner Occupied Rehabilitation Program
Master Agreement by and between the City and NPHS.
“Area Median Income (AMI)” means the median income for the
Ontario/Riverside/San Bernardino Metropolitan Statistical Area,
adjusted for household size, as defined and periodically adjusted by
HUD.
“C.F.R.” means the Code of Federal Regulations.
“City” is defined in the initial paragraph of this Agreement and includes
any assignee of or successor to the rights, powers and responsibilities of the
City. The Director of the Department of Community and Economic
Development of the City of San Bernardino, or such person’s designee
(hereinafter defined as the “City’s Representative”) shall represent the City
in all matters pertaining to this Agreement. Whenever a reference is made
herein to an action or approval to be undertaken by the City, the City’s
Representative is authorized to act on behalf of the City unless this
Agreement specifically provides otherwise or the context should otherwise
require.
“Deed of Trust” means the deeds of trust executed by Eligible
Households in favor of City as beneficiary that will encumber each
Eligible Property as security for compliance with each OORP Loan
Agreement and with the Note. The general form of the Deed of Trust is
incorporate herein by this reference.
“Eligible Household” refers to low income households, whose gross annual
income may not exceed the low-income limits defined as up to 80 percent of
the San Bernardino County area median income (AMI) adjusted for
household size and determined annually by the U.S. Department of Housing
and Urban Development (HUD).
“Eligible Properties” means an owner occupied single family property (1
to 4 units), which may include manufactured housing, or a membership in a
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cooperative or mutual housing project that constitutes homeownership under
state law, that is owned by an Eligible Household.
“Effective Date” means the date on which this Agreement shall become
effective, which is agreed to be the earlier of the date this Agreement is
fully executed by NPHS and City or , 2020.
“Event of Default” has the meaning set forth in Section 14 of this
Agreement.
“HOME” means the HOME Investment Partnerships Act Program
established pursuant to the Cranston-Gonzalez National Affordable
Housing Act of 1990 (42 U.S.C. 12703 et seq.) as amended from time to
time, and the HOME Regulations.
“HOME Funds” is defined in Recital A hereof.
“HOME Regulations” is defined in Recital A hereof.
“HUD” is defined in Recital A hereof.
“Low-income Households” means persons and households whose
income does not exceed 80 percent of the Area Median Income, adjusted
for family size, as set forth in the definition of “low-income families” in
24 C.F.R. Part 92.2.
“OORP Loans” means the loans to be provided by City to Eligible
Households for the rehabilitation of Eligible Properties in an aggregate
amount not to exceed Four Hundred Fifty Thousand Dollars ($450,00.00),
with each individual loan in an amount not to exceed Forty Thousand
Dollars ($40,000.00). The provisions of the Owner Occupied Rehabilitation
Loans are set forth in Section 16, the OORP Loan Agreement in the form
attached hereto as Attachment D, and the Program Guidelines, attached
hereto as Attachment B.
“Program Guidelines” means the City of San Bernardino Owner
Occupied Residential Rehabilitation Policies and Procedures that have been
developed by the City to establish minimum administrative requirements for
the Owner Occupied Residential Rehabilitation Program, as they may be
amended from time to time. The Program Guidelines are attached hereto as
Attachment B and incorporated herein by reference.
“Project” means the rehabilitation of Eligible Properties by Eligible
Households in accordance with the requirements of the HOME Regulations,
Program Guidelines, and this Agreement.
“Rehabilitation Costs” means actual costs for construction and materials
incurred for repairs and improvements to an Eligible Property that are
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approved by the City in accordance with the Program Guidelines and the
applicable OORP Loan Agreement.
“Rehabilitation Standards” means standards for the rehabilitation of
HOME-assisted properties adopted from time to time by City as a
participating jurisdiction under the HOME Regulations.
Scope of Services” means the description of the Services which is attached
hereto as Attachment “A” and incorporated herein by this reference.
“Term” has the meaning set forth in Section 5 of this Agreement.
SECTION 3. Parties to the Agreement.
The parties to this Agreement are NPHS and City, referred to at times herein collectively as
the “Parties” and individually as a “Party”.
The principal office of NPHS for purposes of this Agreement is located at 9551 Pittsburgh
Avenue, Rancho Cucamonga, CA 91730.
Prior to the Effective Date, NPHS must have provided City with satisfactory evidence of
the legal formation and the good standing of NPHS to transact business within the State.
SECTION 4. Entire Agreement.
A. This Agreement including all attachments and addenda referenced herein
constitutes the entire agreement between the Parties. This Agreement supersedes all
prior negotiations, discussions and agreements between the Parties concerning the
subject matters covered herein. The Parties intend this Agreement to be the final
expression of their agreement with respect to the subjects covered herein and a
complete and exclusive statement of such terms.
B. Included as an integral part of this Agreement are the Attachments listed below
for reference purposes. All Attachments set forth below and attached to this
Agreement are incorporated herein by reference regardless of the prior reference of
any or all of said Attachments in the text of this Agreement. All Attachments to this
Agreement shall have the same force and effect as though the content of each and
every one of said Attachments had been included within the text of this Agreement.
Unless the context requires to the contrary, all references to this Agreement shall include
each and every Attachment set forth below and attached hereto. Attachments identified as
forms or templates may be modified by City as necessary to adapt the documents for use in
connection with particular transactions.
List of Attachments:
Attachment “A” Scope of Services
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Attachment “B” Program Guidelines
Attachment “C” Budget
Attachment “D” Statement of Work
Attachment “E” Schedule of Work
Attachment “F” Form of OORP Loan Agreement
Attachment “G” Form of Deed of Trust
Attachment “H” Form of Promissory Note
Attachment “I” HOME Guide for Review of Homeowner Rehabilitation
Projects
SECTION 5. Term of Agreement.
A. The Term of this Agreement shall commence on the Effective Date and will expire
one (1) year after the Effective Date, unless earlier terminated as provided in this
Agreement. City will have the option to extend the term of this Agreement for two (2)
additional one-year terms, with the consent of NPHS. The term of this Agreement shall not
extend beyond June 30, 2022, except that, notwithstanding any of the foregoing, unless
terminated under Section 15 below, this Agreement shall remain in effect at least until
completion of the rehabilitation of all of the Eligible Properties to be rehabilitated under
this Agreement. Also, notwithstanding the foregoing portion of this Section 5(A),
documents recorded pursuant to this Agreement shall remain effective in accordance with
their terms.
B. Upon the expiration or earlier termination of this Agreement, NPHS shall provide
City with all documents, notes, maps, reports, data, and all other work product developed
in performance of the Scope of Services within ten (10) calendar days after the effective
date of such expiration or termination, without additional charge to City. Additionally,
NPHS must transfer any HOME funds on hand for accounts receivable attributable to the
use of HOME funds.
SECTION 6. Scope of NPHS Services.
A. City hereby retains NPHS to provide the professional services set forth in the
Scope of Services attached hereto as Attachment “A” and incorporated herein by this
reference. NPHS hereby agrees to perform the work set forth in the Scope of Services,
in accordance with the terms of this Agreement, the Program Guidelines, which are
incorporated into the Scope of Services by reference, and the guidelines specified in
the HOME Guide for Review of Homeowner Rehabilitation Projects, attached as
Attachment “G”. HOME funds will be used for such and program income is to be
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remitted to the City of San Bernardino or retained by NPHS to carry out addit ional
eligible activities.
B. Before commencing any services under this Agreement, NPHS shall provide
City with documentation indicating NPHS’s financial strength and capacity to provide
start-up operations and working capital to develop Eligible Properties. Such
documentation shall include NPHS’s most recent certified financial statements with a
statement in writing, signed by a duly authorized representative, stating that the
present financial condition is materially the same as that shown on the balance she et
and income statement submitted, or with an explanation for a material change in the
financial situation.
C. In accordance to 24 CFR 85.43, if NPHS materially fails to comply with any term
of this agreement, agreement may be suspended or terminated.
SECTION 7. Budget.
NPHS has submitted a budget (based upon estimated costs and administrative costs per
Section 8 hereof) to the City for approval which sets forth the estimated use of the
HOME funds contributed by the City pursuant to this agree ment. The Budget is
attached hereto as Attachment “C”. The City’s Director or his authorized designee
must approve any amendments to approved budget for Services. The City may require
a more detailed line item breakdown of the Budget than the one contain herein, and
NPHS shall provide such supplementary information about the Budget in a timely
fashion in the form and content prescribed by the City.
SECTION 8. Payment for Services Performed by NPHS.
City shall disburse funds for Rehabilitation Costs incurred by Eligible Households in
accordance with the approved Scope of Services and the Owner Occupied
Rehabilitation Loan Agreement entered into with each Eligible Household. City will
additionally reimburse NPHS for administrative costs or expenses incurred by NPHS
to manage or implement the Program identified in the Scope of Services.
Reimbursement of administrative costs shall be limited to 10% of the actual amount of
Rehabilitation Costs incurred. City’s payment obligations shall be limited to the actual
amount of Rehabilitation Costs disbursed by the NPHS in accordance with the terms of
this Agreement, the Owner Occupied Rehabilitation Loan Agreements, the Program
Guidelines, and the approved Budget, and NPHS’s administrative costs or expenses
pursuant to this Agreement, the Program Guidelines and the approved Budget. NPHS
may not request disbursement of HOME funds under the agreement until the funds are
needed for payment of eligible cost, Amount of each request is limited to the amount
needed and only allowed to be requested after program income (if applicable) is
disbursed. Payment for services performed by NPHS can also be granted through
other funding sources other than HOME or the City, such as other homeowner
rehabilitation monies that may become available. Entity and any Community Housing
Development Organization (CHDO) is not allowed to charge servicing, origination, or
other fees for the costs of administering the HOME program, except as permitted by
24 CFR 92.214(b)(1). Program income must be disbursed first. All HOME program
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income must be returned to the City for eligible activities, unless the City offers the
option to the CHDO to retain program income as CHDO proceeds.
SECTION 9. HOME Program Requirements.
A. NPHS shall comply with all applicable laws and regulations governing the use
of the HOME Funds as set forth in 24 C.F.R. Part 92, including the requirements of the
NPHS Housing Affordability Covenant. In the event of any conflict between this
Agreement and applicable laws and regulations governing the use of the HOME
Funds, the applicable laws and regulations govern. The laws and regulations governing
the use of the HOME Funds include (but are not limited to) the following:
(i) Eligible Project Costs. Restrictions on funding only eligible project costs as
set forth in 24 C.F.R. 92.206.
(ii) Environmental and Historic Preservation and Review. 24 C.F.R. Part 50
and 24 C.F.R. Part 58, which prescribe procedures for compliance with
the National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-
4370), and the additional laws and authorities listed a t 24 C.F.R. 58.5.
NPHS acknowledges that environmental review by the City of the
activities to be undertaken under this Agreement is required, and that
NPHS may not expend funds, HOME or otherwise, for such activities
until the City has notified NPHS in writing that the environmental
review is complete.
(iii) Applicability of OMB Circulars. The applicable policies, guidelines, and
requirements of OMB Circulars Nos. A-87, A-102, Revised, A-110, A-
122, and A- 133.
(iv) Debarred. Suspended or Ineligible Contractors . The prohibition on the
use of debarred, suspended, or ineligible contractors set forth in 24
C.F.R. Part 24.
(v) Civil Rights Housing and Community Development and Anti
Discrimination Acts. The Fair Housing Act (42 U.S.C. 3601 et seq.)
and implementing regulations at 24 C.F.R. Part 100; Title VI of the
Civil Rights Act of 1964 as amended; Title VIII of the Civil Rights
Act of 1968 as amended; Section 104(b) and Section 109 of Title I of
the Housing and Community Development Act of 1974 as amended;
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794, et
seq.); the Age Discrimination Act of 1975 (42 USC § 6101, et seq.);
Executive Order 11063 as amended by Executive Order 12259 and
implementing regulations at 24 C.F.R. Part 107; Executive Order
11246 as amended by Executive Orders 11375, 12086, 11478,
12107; Executive Order 11625 as amended by Executive Order
12007; Executive Order 12432; Executive Order 12138 as amended
by Executive Order 12608.
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(vi) Nondiscrimination against the Disabled. The requirements of the Fair
Housing Act (42 U.S.C. § 3601 et seq.) and implementing regulations at
24 C.F.R. Part 100; Section 504 of the Rehabilitation Act of 1973 (29
U.S.C. § 794), and federal regulations issued pursuant thereto, which
prohibit discrimination against the disabled in any federally assisted
program, the requirements of the Architectural Barriers Act of 1968 (42
U.S.C. 4151-4157) and the applicable requirements of Title II and/or
Title III of the Americans with Disabilities Act of 1990 (42 U.S.C. §§
12131 et seq.), and federal regulations issued pursuant thereto.
(vii) Clean Air and Water Acts. The Clean Air Act, as amended, 42 U.S.C. §
7401 et seq., the Federal Water Pollution Control Act, as amended, 33
U.S.C. §§ 1251 et seq., and the regulations of the Council on
Environmental Quality with respect thereto, at C.F.R. Part 1500, as
amended from time to time.
(viii) Uniform Administrative Requirements. The provisions of 24 C.F.R. §
92.505 regarding cost and auditing requirements.
(ix) Drug Free Workplace. The requirements of the Drug Free Workplace Act of
1988 (P.L. 100-690), 41 U.S.C. Chapter 81, and implementing regulations
at 2 C.F.R. Part 2429.
(x) Anti-Lobbying: Disclosure Requirements. The disclosure requirements and
prohibitions of 31 U.S.C. § 1352 and implementing regulations at 24 C.F.R.
Part 87.
(xi) Historic Preservation. The historic preservation requirements set forth in the
National Historic Preservation Act of 1966, as amended (Division A of
Subtitle III of 54 U.S.C.) and the procedures set forth in 36 C.F.R. Part 800.
If archeological, cultural, or historic period resources are discovered during
construction, all construction work must come to a halt and NPHS shall
immediately notify City. NPHS shall not shall alter or move the discovered
material(s) until all appropriate procedures for “post-review discoveries” set
forth in the National Historic Preservation Act at 54 U.S.C. § 300101 et seq.
have taken place, which include, but are not limited to, consultation with the
California State Historic Preservation Officer and evaluation of the
discovered material(s) by a qualified professional archeologist.
(xii) Flood Disaster Protection. The requirements of the Flood Disaster
Protection Act of 1973 (P.L. 93-234, 42 U.S.C. § 4001) (“Flood Act”). No
portion of the assistance provided under this Agreement is approved for
acquisition or construction purposes as defined under Section 3(a) of the
Flood Act, for use in an area identified by HUD as having special flood
hazards which is not then in compliance with the requirements for
participation in the national flood insurance program pursuant to Section
20l(d) of the Flood Act. The use of any assistance provided under this
Agreement for such acquisition or construction in such identified areas in
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communities then participating in the National Flood Insurance Program is
subject to the mandatory purchase of flood insurance requirements of
Section 102(a) of the Flood Act. If an Eligible Property is located in an area
identified by HUD as having special flood hazards and in which the sale of
flood insurance has been made available under the National Flood Insurance
Act of 1968, as amended, 42 U.S.C. 4001 et seq., the property owner and its
successors or assigns must obtain and maintain, during the ownership of the
Eligible Property, such flood insurance as required with respect to financial
assistance for acquisition or construction purposes under Section 102(a) of
the Flood Act. Such provisions are required notwithstanding the fact that the
construction on the Eligible Property is not itself funded with assistance
provided under this Agreement.
(xiii) Project Requirements and Other Federal Requirements. The activities
funded under this agreement must comply with the project requirements set
forth in Subpart F of 24 C.F.R. Part 92 and must be carried out in
accordance with the other federal requirements set forth in Subpart H of said
Part 92.
(xiv) Property Standards. The housing developed pursuant to this Agreement
must meet the property standards in 24 C.F.R. § 92.251, the lead hazard
control requirements in 24 C.F.R. § 92.355, and the Rehabilitation
Standards, upon completion of construction or reconstruction.
(xv) Religious Organizations. If NPHS is a religious organization, as defined by
the HOME requirements, NPHS shall comply with all conditions prescribed
by HUD for the use of HOME funds by religious organizations, including
the First Amendment of the United States Constitution regarding
church/state principles and the applicable constitutional prohibitions set
forth in 24 C.F.R. § 92.257.
(xvi) Relocation. As applicable, the requirements of the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C.
4601, et seq.), and implementing regulations at 49 C.F.R. Part 24; 24 C.F.R.
§ 570.606; Section 104(d) of the Housing and Community Development
Act of 1974 and implementing regulations at 24 C.F.R. §§42 et seq.; 24
C.F.R. § 92.353; and California Government Code Section 7260 et seq. and
implementing regulations at 25 California Code of Regulations Sections
6000 et seq. If and to the extent that development of the project results in
the permanent or temporary displacement of residential tenants,
homeowners, or businesses, NPHS shall comply with all applicable local,
state, and federal statutes and regulations with respect to relocation
planning, advisory assistance, and payment of monetary benefits, and shall
prepare and submit a relocation plan to City for approval. NPHS is solely
responsible for payment of any relocation benefits to any displaced persons
and any other obligations associated with complying with such relocation
laws. NPHS shall indemnify and defend City (with counsel selected by
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City), and hold City harmless against all claims that arise out of relocation
obligations to residential tenants, homeowners, or businesses penitently or
temporarily displaced by the project.
(xvii) Other HUD Regulations. Any other HUD regulations now in effect or as
may be amended or added in the future pertaining to the HOME Funds,
the existence and applicability of which NPHS assumes full
responsibility for determining.
(xviii) Fees. As required by 24 C.F.R. Part 92.504(c)(3)(xi), NPHS shall not charge
servicing, origination, processing, inspection, or other fees for the costs of
providing homeownership assistance.
SECTION 10. Records Retention.
Records, field notes, inspection documents, and other supporting documents pertaining to
the use of HOME funds disbursed to NPHS shall be retained by NPHS with a
corresponding copy provided to City. All records shall be made available to City, HUD,
and other appropriate federal agencies and officials for examination for a period of five (5)
years from the date of expiration or termination of this Agreement. Records shall be
available for inspection during NPHS’s regular business hours. In the event of litigation or
audit relating to this Agreement, such records shall be retained by NPHS until all such
litigation or audit has been resolved.
Files will be maintained to document the significant history of OORP activities for all
projects. Individual activity documentation must be submitted to the City upon project
completion. Individual activity project files must include documents in the Rehabilitation
Submittal Checklist and must include at a minimum:
The application and all supporting documentation related to income and owner-
occupancy, and property information reports.
Official correspondence and the Rehabilitation Environmental Review.
Inspection reports, lead-based paint reports, before and after photographs, work
descriptions, internal estimate, bid evaluation, contractor clearances, contractor
insurance, contractor business license, contractor W-9, recorded Notice of
Completion.
OORP Agreement, construction contract agreement, applicable promissory notes
and deeds of trust, all loan disbursement information including invoices, payment
releases, lien releases, warranties, and copies of payment checks, signed off City
Permits.
Documentation on requests for demand, reconveyance, subordinations, and
defaults.
SECTION 11. Indemnification.
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NPHS shall defend, with counsel selected by City, indemnify, and hold harmless City
and its officers, employees, representatives, and agents (collectively “Indemnitees”)
from and against any and all actions, suits, proceedings, claims, demands, losses, costs
and expenses, including legal costs and attorneys’ fees, for injury or damage of any
type claimed as a result of the acts or omissions of NPHS, its officers, employees,
subcontractors and agents, arising from or related to performance by NPHS of the
work required under this Agreement, except that arising from the sole negligence or
willful misconduct of City.
SECTION 12. Insurance.
A. NPHS shall maintain insurance, as set forth below, throughout the term of this
Agreement. NPHS shall remain liable as stated in Section 11 above for all losses and
damages incurred by any of the Indemnitees that are caused directly or indirectly
through the actions or inactions, willful misconduct or negligence of NPHS in the
performance of the duties assumed by NPHS pursuant to this Agreement, to the extent
such losses and damages are not covered by insurance maintained by NPHS pursuant
to this Section 12.
B. NPHS shall maintain insurance policies issued by an insurance company or
companies authorized to do business in the State of California and that maintain during
the term of the policy a Financial Strength Rating of at least A and a Financial Size
Category designation of at least V, as set forth in the then most current edition of
“Bests Insurance Guide,” as follows:
(i) Automobile Insurance. NPHS and each of its subcontractors shall
maintain comprehensive automobile liability insurance of not less than
One Million Dollars ($1,000,000) combined single limit per occurrence
for each vehicle leased or owned by NPHS or its subcontractors and
used in performing work under this Agreement.
(ii) Worker’s Compensation Insurance. NPHS and each of its subcontractors
shall maintain worker’s compensation coverage in accordance with
California workers’ compensation laws for all workers under NPHS’s
and/or its any of its subcontractors’ employment performing work under
this Agreement.
(iii) Liability Insurance. NPHS shall maintain comprehensive liability
insurance, including coverage for personal injury, death, property
damage and contractual liability, with a limit of at least One Million
Dollars ($1,000,000), including products and completed operations
coverage. Said insurance shall be primary insurance with respect to City
and the policy shall so provide. NPHS shall require and ensure that all
general liability insurance policies covering work at any Eligible
Property, whether obtained by NPHS or NPHS’s contractors or
subcontractors, include City and the other Indemnitees as additional
insureds. If required by City from time to time, NPHS shall increase the
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limits of NPHS’s liability insurance to reasonable amounts customary
for owners of improvements similar to the Project.
Concurrent with the execution of this Agreement and prior to the commencement of
any work by NPHS, NPHS shall deliver to City copies of policies or certificates
evidencing the existence of the insurance coverage require d herein, which coverage
shall remain in full force and effect continuously throughout the term of this
Agreement. Each policy of insurance that NPHS purchases in satisfaction of the
insurance requirements of this Agreement, except workers compensation, shall be
endorsed naming City and the other Indemnitees as additional insureds, and shall
provide that, except with respect to the coverage limits, insurance applies to each
named and additional insured as though a separate policy were issued to each. Each
policy shall provide for a waiver of subrogation as against City and the other
Indemnitees, and shall provide that the policy may not be cancelled, terminated. or
modified, except upon thirty (30) days’ prior written notice to City.
C. Failure on the part of NPHS to procure or maintain the insurance coverage
required herein for fifteen (15) days or longer shall constitute a material breach of this
Agreement pursuant to which City may exercise all rights and remedies set forth
herein and may at its sole discretion, without waiving such default or limiting its rights
or remedies, procure or renew such insurance and pay any and all premiums in
connection therewith. All monies so paid by City shall be reimbursed by NPHS upon
demand, including interest thereon at the rate of ten percent (10%) per annum
compounded. annually from the date paid by City to the date reimbursed by NPHS.
City shall have the right, at its election, to participate in and control any insurance
claim adjustment or dispute with the insurance carrier. NPHS’s failure to assert or
delay in asserting any claim shall not diminish or impair the rights of City against
NPHS or the insurance carrier.
SECTION 13. Press Releases.
Press or news releases, including photographs or public announcements, or
confirmation of the same related to the work to be performed by NPHS under this
Agreement shall be made by NPHS only with the prior written consent of City. Press
or news releases shall include language identifying the Project as a City-funded
project, and include the City seal.
SECTION 14. Defaults and Remedies.
A. Events of Default. The occurrence of any of the following shall, after the giving
of any notice and the expiration of any applicable cure period, constitute a default by
NPHS hereunder (“Event of Default”):
(i) The failure of NPHS to pay or perform any monetary covenant or
obligation hereunder or under any of the documents executed in
connection herewith, without curing such failure within ten (10)
calendar days after receipt of written notice of such default from City (or
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from any party authorized by City to deliver such notice as identified by
City in writing to NPHS).
(ii) The failure of NPHS to perform any nonmonetary covenant or
obligation hereunder or under any of the documents executed in
connection herewith, without curing such failure within thirty (30)
calendar days after receipt of written notice of such default from City (or
from any party authorized by City to deliver such notice as identified by
City in writing to NPHS) specifying the nature of the event or deficiency
giving rise to the default and the action required to cure such deficiency;
provided, however, that if any default with respect to a nonmonetary
obligation is such that it cannot be cured within a thirty day period, it
shall be deemed cured if NPHS commences the cure within said thirty
day period and diligently prosecutes such cure to completion thereafter.
Notwithstanding anything herein to the contrary, the herein described
notice requirements and cure periods shall not apply to any Event of
Default described in Sections iii through vi below, each of which shall
constitute an immediate default under this Agreement without regard to
any curative action undertaken or completed by NPHS:
(iii) The material falsity of any representation or the breach of any warranty
or covenant made by NPHS under the terms of this Agreement or any
documents executed in connection herewith.
(iv) NPHS or any constituent member or partner, or majority shareholder, of
NPHS shall (a) apply for or consent to the appointment of a receiver,
trustee, liquidator or custodian or the like of its property, (b) fail to pay
or admit in writing its inability to pay its debts generally as they become
due, (c) make a general assignment for the benefit of creditors, (d) be
adjudicated a bankrupt or insolvent, or (e) commence a voluntary case
under the Federal bankruptcy laws of the United States of America or
file a voluntary petition that is not withdrawn within ten (10) calendar
days after the filing thereof seeking an arrangement with creditors or an
order for relief or seeking to take advantage of any insolvency law or
file an answer admitting the material allegations of a petition filed
against it in any bankruptcy or insolvency proceeding.
(v) If without the application, approval or consent of NPHS, a proceeding
shall be instituted in any court of competent jurisdiction, under any law
relating to bankruptcy, in respect of NPHS or any constituent member or
partner, or majority shareholder, of NPHS, for an order for relief or an
adjudication in bankruptcy, a composit ion or arrangement with
creditors, a readjustment of debts, the appointment of a trustee, receiver,
liquidator or custodian or the like of NPHS or of all or any substantial
part of NPHS’s assets, or other like relief under any bankruptcy or
insolvency law, and, if such proceeding is being contested by NPHS, in
good faith, the same shall (a) result in the entry of an order for relief or
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any such adjudication or appointment, or (b) continue undismissed, or
pending and unstayed, for any period of ninety (90) consecutive
calendar days.
(vi) Voluntary cessation of the operation of the Project for a continuous
period of more than thirty (30) calendar days or the involuntary
cessation of the operation of the Project for a continuous period of more
than sixty (60) calendar days.
(vii) A mechanic’s lien or any other type of encumbrance on any Eligible
Property resulting from NPHS’s failure to fulfill its financial or other
contractual obligations with respect to any of its vendors or sub-
contractors is not removed within ten (10) calendar days after receipt of
written notice of such default from City.
B. City Remedies. Upon the occurrence of an Event of Default hereunder, City
may, in its sole discretion, take any one or more of the following actions:
(i) Cease making any payment of fees or reimbursement of eligible
expenses to NPHS unless and until the Event of Default (if curable) is
cured.
(ii) Demand reimbursement from NPHS for any payments made to it by
City for which the contracted work product was not satisfactorily
delivered by NPHS.
(iii) Take possession of any material or other work product purchased or
produced by NPHS for the Project.
(iv) Upon the occurrence of an Event of Default which is occasioned by
NPHS’s failure under this Agreement to pay money to a third party, City
may, but shall not be obligated to, make such payment. If such payment
is made by City, NPHS shall deposit with City, upon written demand
therefor, such sum plus interest at the rate of ten percent (10%) per
annum compounded annually. The Event of Default with respect to
which any such payment has been made by City shall not be deemed
cured until such repayment (as the case may be) has been made by
NPHS.
(v) Upon the occurrence of an Event of Default described in Section
14.A.(iv) or 14.A.(v) hereof, City shall be entitled and empowered by
intervention in such proceedings or otherwise to file and prove a claim
for any amount owing to City under this Agreement and unpaid and, in
the case of commencement of any judicial proceedings, to file such
proof of claim and other papers or documents as may be necessary or
advisable in the judgment of City and its counsel to protect the interests
of City and to collect and receive any monies or other property in
satisfaction of its claim.
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C. City Default and NPHS Remedies. Upon failure of City to meet any of its
obligations under this Agreement without curing such failure within thirty (30)
calendar days after receipt of written notice of such failure from NPHS specifying the
nature of the event or deficiency giving rise to the default and the ac tion required to
cure such deficiency, NPHS may, as its sole and exclusive remedies:
(i) Bring an action in equitable relief seeking the specific performance by City
of the terms and conditions of this Agreement or seeking to enjoin any act
by City which is prohibited hereunder; and/or
(ii) Bring an action for declaratory relief seeking judicial determination of
the meaning of any provision of this Agreement. Without limiting the
generality of the foregoing, NPHS shall in no event be entitled to, and
hereby waives, any right to seek indirect or consequential damages of
any kind or nature from City arising out of or in connection with this
Agreement, and in connection with such waiver NPHS is familiar with
and hereby waives the provisions of Section 1542 of the Califo rnia Civil
Code which provides as follows: “A GENERAL RELEASE DOES
NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE
TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY
HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR.” NPHS further waives the
benefit of any other statute, rule, regulation, or common law principle to
the same or similar effect.
Initials of NPHS:
__________________
SECTION 15. Termination for Convenience.
A. This Agreement may be terminated by City at any time prior to its expiration
for any reason by giving NPHS thirty (30) calendar days’ prior written notice. If NPHS
is in compliance with this Agreement on the date such termination takes effect, City
shall pay NPHS the reasonable value of all work authorized by City prior to the date of
such notice and completed thereafter prior to the effective termination date.
B. In the event of a termination of this Agreement pursuant to this Section, NPHS
shall comply with Section 5.B of this Agreement.
SECTION 16. HOME Loans.
A. Subject to the terms and conditions of this Agreement, City shall make HOME
Loans to Eligible Households for the purpose of paying for the rehabil itation Eligible
Properties that are not owned by City, and soft costs incurred by NPHS and the
Eligible Households in connection with the rehabilitation of Eligible Properties. City
shall commit an aggregate principal amount not to exceed Four Hundred Fifty
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Thousand Dollars ($450,000) to funding the HOME Loans and paying NPHS’s costs
of administering the Loans. The principal amount of each individual HOME Loan
shall not exceed Forty Thousand Dollars ($40,000) based on the total Rehabilitation
Costs for each Eligible Property.
B. Disbursements from the HOME Loans will be made for construction or
rehabilitation work performed on an Eligible Property for direct payment of services
rendered or products delivered. NPHS’s administrative costs will only be paid on a
reimbursement basis.
SECTION 17. Discrimination Prohibited.
A. NPHS shall not discriminate against any person on the basis of race, color, creed,
religion, national origin, ancestry, sex, marital status or physical handicap in the
performance of the Scope of Services of this Agreement. Without limitation, NPHS hereby
certifies that it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status or national origin. Further, NPHS shall
promote affirmative action in its hiring practices and employee policies for minorities and
other designated classes in accordance with federal, state and local laws. Such action shall
include, but not be limited to, the following: recruitment and recruitment advertising,
employment, upgrading and promotion. In addition, NPHS shall comply with all state and
federal laws prohibiting the exclusion from participation under this Agreement of any
employee or applicant for employment on the basis of age, handicap or religion.
SECTION 18. Effect of Covenants.
City is the beneficiary of the terms and provisions of this Agreement and of the
restrictions and affordable housing covenants running with the land with respect to the
Eligible Properties, whether or not appearing in the OORP Loan Agreement, the Note
or the Deed of Trust, for and in its own right and for the purposes of protecting the
interests of the community in whose favor and for whose benefit the covenants running
with the land have been provided. The covenants in favor of City shall run without
regard to whether City has been, remains or is an owner of any interest in an Elig ible
Property, and shall be effective as both covenants and equitable servitudes against the
Eligible Property. If any of the covenants referred to in this Agreement is breached,
City shall have the right to exercise all rights and remedies and to maintain any actions
or suits at law or in equity or other proper proceedings to compel the curing of such
breaches to which it may be entitled.
SECTION 19. Notices.
A. Notices, demands, and communications between City and NPHS shall be
sufficiently given if personally delivered or delivered by a nationally-recognized
courier service or sent by registered or certified mail, postage prepaid, return receipt
requested, to the following addresses:
If to City: City of San Bernardino
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Community and Economic Development - Housing
Division
290 North “D” Street, Third Floor
San Bernardino, CA 92401
Phone: (909) 384-7270 or (909) 384-7258
If to NPHS: Neighborhood Partnership Housing Services, Inc.
Attn: Clemente Mojica, Executive Director
9551 Pittsburgh Avenue
Rancho Cucamonga, CA 91730
Phone: (909) 988-5274
B. Notices shall be effective upon receipt, if given by personal delivery; upon
receipt, if emailed, provided there is written confirmation of receipt (except that if
received after 5 p.m., notice shall be deemed received on the next business day); the
earlier of (i) three (3) business days after deposit with United States Mail, or (ii) the
date of actual receipt as evidenced by the return receipt, if delivered by certified mail;
or (iii) one (1) day after deposit with the delivery service, if delivered by overnight
guaranteed delivery service. Each party shall promptly notify the other party of any
change(s) of address to which notice shall be sent pursuant to this Section.
SECTION 20. Compliance with Laws.
NPHS shall comply with all Applicable Governmental Restrictions. As used herein,
“Applicable Governmental Restrictions” shall mean and include any and all laws,
statutes, ordinances, codes, rules, regulations, directives, writs, injunctions, orders,
decrees, rulings, conditions of approval, or authorizations, now in force or which may
hereafter be in force, of any governmental entity, agency or political subdivision as they
pertain to the performance of this Agreement or construction/reconstruction of the Project,
including specifically but without limitation all code and other requirements of the
jurisdiction in which the Project is located; the National Environmental Policy Act of 1969,
as amended; fair housing laws; any other applicable federal, state and local law; and,
without limitation, HOME and the HOME Regulations. NPHS shall maintain all necessary
licenses and registrations for the lawful performance of the work required of NPHS under
this Agreement. NPHS shall indemnify, defend with counsel selected by City, and hold
City and the other Indemnitees harmless for any suit, cost, attorneys’ fees, claim,
administrative proceeding, damage, wage award, fine, penalty or liability arising out of or
relating to NPHS’s failure to comply with any Applicable Governmental Restrictions,
including, without limitation, the nonpayment of any prevailing wages required to be paid
in connection with the Project, as applicable. NPHS is solely responsible for determining
the applicability of laws, and shall not rely on statements by City as to the existence, effect,
or applicability of such laws.
SECTION 21. NPHS and each Subcontractor are Independent Contractors.
NPHS shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither NPHS nor any of its
subcontractors shall at any time or in any manner represent that it or any of its employees
are employees of City. City shall not be requested or ordered to assume any liability or
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expense for the direct payment of any salary, wage or benefit to any person employed by
NPHS or its subcontractors to perform any item of work described in the Scope of
Services. NPHS is entirely responsible for the immediate payment of all subcontractor and
material supplier liens.
SECTION 22. Severability.
Each and every section of this Agreement shall be construed as a separate and independent
covenant and agreement. If any term or provision of this Agreement or the application
thereof to certain circumstances shall be declared invalid or unenforceable, the remainder
of this Agreement, or the application of such term or provision to circumstances other than
those to which it is declared invalid or unenforceable, shall not be affected thereby, and
each term and provision of this Agreement shall be valid and enforceable to the fullest
extent permitted by law.
SECTION 23. Amendment or Modification.
This Agreement may only be modified or amended by written instrument duly approved
and executed by each of the Parties hereto, following all necessary approvals and
authorizations for such execution.
SECTION 24. Governing Law.
This Agreement shall be governed by the laws of the State of California. Any legal
action arising from or related to this Agreement shall be brought in the Superior Court
of the State of California in and for the County of San Bernardino.
SECTION 25. Non-waiver.
Failure of City to enforce any provision of this Agreement shall not constitute a waiver
of the right to compel enforcement of the same provision or any remaining provisions
of this Agreement.
SECTION 26. Assignment.
This Agreement shall be assignable by NPHS only with the prior express written
consent of City, which consent may be withheld by City in its sole discretion.
Notwithstanding anything to the contrary in this Agreement, no purported assignment
of this Agreement shall be effective if not approved by City or if such assignment
would violate any Applicable Governmental Restrictions. City’s consent to any
assignment shall be expressly conditioned upon (i) the assignee’s execution of such
documents as required by City in its sole discretion, including, without limitation, any
and all documents deemed necessary by City to provide for said assignee’s assumption
of all of the obligations of NPHS hereunder and wider any documents executed by
NPHS in connection herewith, and (ii) City’s approval of the financial condition and
credit-worthiness of such proposed assignee and the assignee’s ability to perform all of
NPHS’s obligations under this Agreement and all documents executed in connection
herewith, as may be determined by City in its sole discretion.
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SECTION 27. Representations of Persons Executing this Agreement.
The persons executing this Agreement warrant that they are duly authorized to execute
this Agreement on behalf of and are legally able to bind the respective party that each
purports to represent.
SECTION 28. Execution in Counterparts.
This Agreement may be executed in one (1) or more counterparts, each of which will
constitute an original.
SECTION 29. Effectiveness of This Agreement as to City.
This Agreement shall not be binding on City until approved by the City Council and
signed by an authorized representative of NPHS, and executed by the City Manager or
his or her designee.
SECTION 30. Conflicts of Interest.
A. NPHS hereby represents that it has no interests adverse to City at the time of
execution of this Agreement. NPHS hereby agrees that, during the term of this
Agreement, NPHS shall not enter into any agreement or acquire any interests
detrimental or adverse to City. Additionally, NPHS hereby represents and warrants to
City that NPHS and any partnerships, individual persons or any other par ty or parties
comprising NPHS, together with each subcontractor who may hereafter be designated
to perform services pursuant to this Agreement, do not have and, during the term of
this Agreement, shall not acquire any property ownership interest, business interests,
professional employment relationships, contractual relationships of any nature or any
other financial arrangements relating to City, property over which City has jurisdiction
or any members or staff of City that have not been previously disclose d in writing to
City, and that any such property ownership interests, business interests, professional
employment relationships, contractual relationships of any nature or any other
financial arrangements will not adversely affect the ability of NPHS to pe rform the
services to City as set forth in this Agreement.
B. NPHS shall comply with the conflict of interest provisions set forth in 24
C.F.R. § 92.356(f).
SECTION 31. Non-Exclusivity.
This Agreement shall not create an exclusive relationship between City and NPHS for
the Scope of Services as set forth in Attachment “A” or any similar or related services.
City may, during the term of this Agreement, contract with other persons or entities for
the performance of the same, similar or related services as those that may be
performed by NPHS under this Agreement. City reserves the discretion and the right to
determine the amount of services to be performed by NPHS for City under this
Agreement, including not requesting any services at all. This Agreement only sets
forth the terms upon which any such services will be provided to City by NPHS, if
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such services are requested by City, as set forth in this Agreement.
SECTION 32. Consequential Damages and Limitation of Liability.
City and NPHS agree that except as otherwise provided in this Agre ement, including
without limitation Section 11 hereof, in no event will either Party be liable to the other
under this Agreement for any damages, including, but not limited to, special damages,
loss of revenue, loss of profit, operating costs or business interruption losses,
regardless of cause, including breach of contract, negligence, strict liability or
otherwise. The limitations and exclusions of liability set forth in this Section 32 shall
apply regardless of fault, breach of contract, tort, strict liability or otherwise of NPHS
and City, their employees, contractors, agents, subcontractors, or officials.
SECTION 33. Business Registration Certificate.
NPHS warrants that it possesses, or shall obtain immediately after the execution and
delivery of this Agreement, and maintain during the period of time that this Agreement
is in effect, a business registration certificate pursuant to Title 5 of City of San
Bernardino Municipal Code, together with any and all other licenses, permits,
qualifications, insurance and approvals of whatever nature that are legally required to
be maintained by NPHS to conduct its business activities within City.
SECTION 34. Enforced Delays: Extension of Time for Performance.
A. Neither Party shall be deemed to be in default where delays or defaults in its
performance under this Agreement are due to force majeure events beyond the control of
such Party, including, without limitation, war, insurrection, strikes, lockouts, riots, floods,
earthquakes, fires, casualties, acts of God, acts of the public enemy, epidemics, quarantine
restrictions, government imposed moratorium legislation, freight embargoes, lack of
transportation, weather-caused delays, inability to secure necessary labor, materials or
tools, or delays of any contractor, subcontractor or supplier that are not attributable to the
fault of the Party claiming an extension of time, that delay the commencement of
construction of the Project or, after such construction is commenced; suspend the
prosecution of the work of improvement of the Project. An extension of time for any such
force majeure cause shall be for the period of the enforced delay and shall commence to
run from the date of occurrence of the delay; provided, however, that the Party claiming
the existence of the delay first provides the other Party with written notice of the
occurrence of the delay, within ten (10) calendar days after the commencement of such
occurrence of a force majeure event and, thereafter, takes prompt and reasonable action
within its control to restore, reconstruct or rebuild any damage to the Project caused by
such force majeure event and resume regular business operation.
B. The failure of City to provide any necessary approval relating to the completion of
the Project or the inability of NPHS to satisfy any other condition of this Agreement
relating to the Project shall not be deemed to be a force majeure event or otherwise provide
grounds for the assertion of the existence of a forced delay under this Section 34. The
Parties each expressly acknowledge and agree that changes in either general economic
conditions or the economic assumptions of either of them that provided a basis for entering
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into this Agreement occurring at any time after the execution of this Agreement are not
force majeure events and do not provide either Party with grounds for asserting the
existence of a forced delay in the performance of this Agreement. Each Party expressly
assumes the risk that changes in general economic conditions or changes in their economic
assumptions could impose an inconvenience or hardship on the continued performance by
such Party under this Agreement and that such inconvenience or hardship is not a force
majeure event and does not excuse the performance by such Party of its obligations under
this Agreement.
SECTION 35. Labor Provisions - California Law.
Unless otherwise exempted pursuant to applicable provisions of California law, the
prevailing wage provisions, including but not limited to those regarding payrolls, records,
apprentices and trainees, shall apply to NPHS’s performance of services pursuant to this
Agreement.
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IN WITNESS WHEREOF, City and NPHS have each executed this Agreement, to be
effective as of the Effective Date, as defined in this Agreement.
“CITY”
CITY OF SAN BERNARDINO,
a municipal corporation and charter city
Dated: By:
Teri Ledoux, City Manager
APPROVED AS TO FORM:
By:
“NPHS”
National Partnership Housing Services, Inc. a
[California Corporation]
Dated: By:
Clemente Mojica, President & CEO
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Attachment “A” to Master Agreement
Scope of Services
A. Introduction
HOME Funds will be used to rehabilitate the homes of income-qualified
homeowners who reside within the City of San Bernardino. Financial assistance
will be provided in the form of a forgivable payment loan not to exceed
$40,000 per loan, pursuant to terms as allowed under the City’s Owner
Occupied Rehabilitation Program. Repairs and improvements to homes include,
but are not limited to, essential and general property improvements; costs of
meeting rehabilitation standards and applicable codes; energy-related
improvements; lead-based paint hazard reduction; accessibility improvements;
repair or replacement of major housing systems, and site improvements and
utility connections, all as more specifically described in the City’s Program
Guidelines, which are incorporated herein by this reference. Emergency
repairs, weatherization and accessibility improvements are eligible
improvements only if they are undertaken as part of a comprehensive
rehabilitation program. HOME Funds may further be used for soft costs
associated with the rehabilitation, relocation costs, to the extent they are
applicable if tenants are living in the other units, and refinancin g of existing
debt provided certain conditions are met, as more specifically set forth in t he
City’s Program Guidelines.
NPHS shall be responsible for serving as the Program Administrator and
carrying out all duties of the Program Administrator as set forth in the Program
Guidelines for the Term of this Agreement. NPHS shall be responsible for all
application, intake and verification procedures for Owner Occupied
Rehabilitation Loans made to Eligible Households pursuant to the Program,
including but not limited to ensuring the Eligible Households and the Eligible
Property meet the eligibility requirements for the Program in a manner
consistent with the Program Guidelines and HOME Regulations, including
utilization of the HOME Guide for Review of Homebuyer Projects, attached to
this agreement as Attachment “G”; that the loan recipients execute an OORP
Loan Agreement, promissory note and deed of trust for the loan in a form
approved by the City; reviewing and documenting bids received for
rehabilitation work; and issuing a notice to proceed for the rehabilitation work;
ensuring that the Eligible Household’s contractor enters into all agreements and
commitments required pursuant to the Program Guidelines, including, but not
limited to, the Agreement for Home Improvement and the Contractors’
Guaranty; ensuring that that proceeds of the Residential Rehabilitation Loans
are spent on Rehabilitation Costs; ensuring that the rehabilitation work is done
in accordance with the Program Guidelines, and HOME Regulations; and
preparing and maintaining all project files in accordance with the Program
Guidelines.
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As part of the Services, NPHS agrees that it will make available a primary staff
person on an as needed basis within close proximity to the project sites in order
to successfully complete program activities.
B. Budget
The approved budget is Four Hundred Fifty Thousand Dollars ($450,000), to
rehabilitate Eligible Properties, subject to the Maximum Per Unit Subsidy
Limits established by HUD. Proceeds will be utilized for future properties.
C. Program Delivery
1. General Requirements.
a. As part of the Services, NPHS agrees that it will make available a
primary staff person on an as needed basis within close proximity
to the project sites in order to successfully complete progra m
activities.
b. NPHS warrants that it has the expertise and experience to perform
the Services set forth in the Agreement and that it will perform said
Services pursuant to the Agreement and as stated in this Scope of
Services.
c. NPHS will document performance on a Monthly Report that will be
in a form satisfactory to the City. The Monthly Report will be due on
the 15th day of the month, as follows:
Progress reports will be used by the City in evaluating time extensions requests, if
any.
d. NPHS will provide notification to the City of any audits or
investigations including results, findings and/or liens within ten (10)
calendar days after NPHS has obtained information regarding such
audits or investigations and the results, findings and/or liens.
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Attachment “B” to Master Agreement
Program Guidelines
CITY OF SAN BERNARDINO
HOME OWNER OCCUPIED
REHABILITATION PROGRAM
POLICIES AND PROCEDURES
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Table Of Contents
I. General Provisions
A. Purpose
B. Program Eligibility
C. Program Funding Source
D. Program Administrator
E. Funds for Improvements
F. Environmental Clearance
G. Davis Bacon & Related Acts (DBRA)
H. Section 3
I. Equal Opportunity
J. Relocation
K. Applicability of Federal State and Local Regulations/
Authority to administer
II. Program Assistance
A. Residential Rehabilitation Program Assistance
B. Terms and Obligations
III. Eligibility Requirements
A. Ownership
B. Property Title
C. Principal Residence
D. Location
E. Maximum Property Value
F. Loan to Value Ratios
G. Homeowner’s Insurance
H. Household Income
I. Improvements
J. Contractor’s Selection
K. Interest List and Program Marketing
IV. Lead Based Paint Requirements
V. Historic Preservation Process
VI. Required Record Keeping and File Retention
VII. Program Changes
VIII. Program Database
IX. Exhibits
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I. General Provisions
A. Purpose
The City of San Bernardino initiated the Owner Occupied Rehabilitation Program (OORP or
Program) to comply with the regulatory requirements of 24 CFR 92.251(b); improve the
quality of life for income-eligible households by assisting with property repairs and
improvements necessary to make their homes decent, safe and attractive; and to preserve the
City’s housing stock. The following guidelines serve as the minimum administrative
requirements for the OORP and are intended to reinforce and not supplant prudent
underwriting practices, when considering Program applications.
B. Program Funding Source
The primary funding source for the Program is HOME Investment Partnerships Program
(HOME) funds provided to the City from the US Department of Housing and Urban
Development (HUD) as identified in the City’s Consolidated Plan.
C. Program Administrator
Neighborhood Partnership Housing Services (NPHS) has been selected as the Program
Administrator (PA) for the City’s Owner Occupied Rehabilitation Program. Application,
intake and verification procedures will be in accordance with the established PA’s policies
and procedures. Program administration fee shall be actual costs incurred but cannot exceed
10% of each Loan amount.
D. Funds for Improvements
HOME funds shall be budgeted annually through the City’s Consolidated Plan/Annual Plan
process and regular budget process. Program funds are not guaranteed and subject to
availability.
Entity and any Community Housing Development Organization (CHDO) is not allowed to
charge servicing, origination, or other fees for the costs of administering the HOME
program, except as permitted by 24 CFR 92.214(b)(1).
Request of disbursement of funds shall only be made when the funds are needed for payment
of eligible costs. The amount of each request must be limited to the amount needed. Program
income must be disbursed first. All HOME program income must be returned to the City for
eligible activities, unless the City offers the option to the CHDO to retain program income as
CHDO proceeds.
E. Environmental Clearance
Use of HUD funds requires all programs and activities to be cleared per 24 CFR part 58.
The OORP is categorically excluded per 58.35(a)(3)(i) subject to 58.5 and requires a Tiered
Environmental Review as follows: First Tier will cover the program on a eligible area basis
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and will include clearance of coastal zones, environmental justice, air quality, noise, sole
source aquifer, endangered species, wild and scenic rivers, farmlands, wetlands, and airport
clear zone. The Second Tier will focus on the specific property to be rehabilitated and will
cover the historic property, SHPO, floodplain, explosives, and toxic sections. Emergency
repairs are not subject to SHPO concurrence. Tiered Environmental Review will be
completed by the City.
F. Davis Bacon & Related Acts (DBRA)
Per Section 110 of the Housing and Community Development Act of 1974 – DBRA does not apply
to rehabilitation of residential property designed for fewer than 8 families.
G. Section 3 Requirements
Per the Section 3 Frequently Asked Questions found at
http://portal.hud.gov/hudportal/documents/huddoc?id=11secfaqs.pdf question 11 states
“Section 3” does not include contractors or any intended beneficiary under the HUD
program to which Section 3 applies, such as a homeowner or a Section 3 resident. As such,
the funds used on the Owner Occupied Rehabilitation Program are not subject to the Section
3 Requirements.
H. Equal Opportunity
Applicants will not be discriminated against on the basis of race, color, religion, sex, sexual
orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap
or disability, or any other arbitrary basis. In addition, applicants may not discriminate in the
use, occupancy, and awarding of contracts with respect to the property to be rehabilitated
with the assistance of an OORP loan.
I. Relocation
Relocation is not contemplated as a part of this rehabilitation activity, however if an
unanticipated event occurs which requires temporary relocation, such relocation shall be
performed in compliance with the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Policies Act of 1970 and Section 104(d) and may be paid for using
program funds. Relocation regarding Lead-Based Paint reference section IV. Lead Based
Paint Requirements.
J. Applicability of Federal State and Local Regulations/ Authority To
administer
While all Program funds are subject to the requirements of these Guidelines, there may be
additional special provisions and limitations depending on changing requirements of the
funding source. Consequently, additional requirements not shown in these Guidelines may
apply and, thus, the Community and Economic Development Director (Director) or his/her
designee may amend these Guidelines from time to time to reflect changes in the
requirements of the funding source for this Program as required.
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II. General Provisions
Income-qualified Applicants shall receive assistance to rehabilitate their homes in accordance with
the rehabilitation standards in the City’s HOME Program Manual; subsequent to the submittal of a
complete application inclusive of all required documentation as required by the HOME Program
Guidelines.
A. Owner Occupied Rehabilitation Program Assistance
The PA provides owners of single family (one-to-four units) homes, condominiums and
townhomes, a membership in a cooperative or mutual housing project that constitutes
homeownership under state law; manufactured housing or an equivalent form of ownership
approved by HUD at or below 80% of the Area Median Income (AMI) with home
rehabilitation forgivable loans at a zero percent interest rate per annum with no payments
required unless one of the following actions occur after receipt of the loan: property sale,
transfer of title of the property, the applicant ceases to occupy the home as their primary
residence, or the applicant refinances the property to take cash out or receive an equity line
of credit. The principal amount of the loan is forgiven at a rate of twenty percent per year
starting with the sixth anniversary of the loan, and described in more detail below.
B. Terms and Obligations
(i) Owner Occupied Rehabilitation Loans
Target Income Group: < 80% of area median income
Maximum Amount: $40,000
Interest Rate: Zero percent (0%)
Project Location: Citywide
Repayment: All loans are forgiven twenty percent each year starting
with the sixth anniversary and ending on the tenth
anniversary, at which time the entire balance shall be
forgiven. Loans are at zero percent (0%) interest, with
no payments due on the loan unless one of the following
actions occur after receipt of the loan; property sale,
transfer of title of the property, the borrower/owner
ceases to occupy the home as their primary residence,
the borrower/owner refinances the property to take cash
out or receive an equity line of credit, or upon
settlement of the borrower/owner’s estate.
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Eligible Costs include but not
limited to:
Essential and general property improvements; costs of
meeting rehabilitation standards and applicable codes;
energy-related improvements; lead-based paint hazard
reduction; accessibility improvements; repair or
replacement of major housing systems, and site
improvements and utility connections, to meet the
City’s rehabilitation standards per 24 CFR
92.251(b)(1), as set forth in the City’s HOME
Program Manual.
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III. Eligibility Requirements
A. Ownership
The Applicant must be listed on the Grant Deed or equivalent document demonstrating
ownership of the home. Title must be held as Fee Simple? or the owner may have a 99-year
ground lease, or an equivalent form of ownership approved by HUD. For manufactured
housing, land must be owned by the manufactured housing owner or leased for a period at least
equal to the duration of the affordability period.
B. Property Title
The property title shall be free of all liens or encumbrances as determined by the PA that may
be detrimental to the security of the City’s Loan.
C. Principal Residence
Single-family homes, condominiums and townhomes a membership in a cooperative or mutual
housing project that constitutes homeownership under state law; manufactured housing or an
equivalent form of ownership approved by HUD are eligible for OORP assistance.
D. Location
The dwelling unit must be located within the San Bernardino city limits.
E. Maximum Property Value:
The estimated after rehabilitation value of a HOME -assisted property may not exceed 95
percent of the median purchase price for the area. To determine the estimated after
rehabilitation value of the project, the proposed rehabilitation work to be done shall be
incorporated into an appraisal. Procedures related to maximum after -rehabilitation value or area
purchase median purchase price must be pursuant to 24 CFR 92.254(a)(2)(iii) and 24 CFR
92.508(3)(x).
In order to determine area median purchase price, the PJ may use one of the following methods
per 24 CFR 92.254(a)(2)(iii):
Use HUD published homeownership values; or
Estimate area home values with either a local market analysis, a professionally-prepared
property appraisal or tax assessments for comparable area properties (tax assessments must be
current). The City must set forth the price for different types of single family housing for the
jurisdiction and may determine separate limits for existing housing and newly constructed
housing. (This information must be included in the Annual Action Plan of the Consolidated
Plan submitted to HUD for review and updated in each Action Plan.)
The City uses the first method, HUD published homeownership values, to determine the area
median purchase price. For the rehabilitation of owner-occupied single-family properties, the
City will use the HOME affordable homeownership limits provided by HUD for affordable
existing housing based on 95 percent of the median purchase price for the area. The Ci ty shall
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maintain records demonstrating that the estimated after rehabilitation value for each owner -
occupied HOME-assisted property, does not exceed 95 percent of the median purchase price for
the area in accordance with 92.254(a)(2)(iii). The records shall demonstrate how the estimated
value was determined.
Under the HOME Final Rule, HUD establishes homeownership value limits and publishes them
annually at https://www.hudexchange.info/resource/2312/home -maximum-purchase-price-
after-rehab-value/.
The appraisal showing how the after rehabilitation was determine and the HUD established
value limits for the appropriate year shall be included in the property file. The records must
demonstrate that the estimated after rehabilitation value is at or below the H OME affordable
homeownership limits provided by HUD for affordable existing housing based on 95 percent of
the median purchase price for the area.
Additionally, language regarding maximum after-rehabilitation value and HOME compliant
property standards shall be included in the City’s HOME agreement with entity.
F. Loan to Value Ratio
The City will take junior lien position only on properties where the LTV ratio does not exceed
90%. The City will only take a third junior lien position with a 90% Loan to Value.
G. Homeowners Insurance
The homeowner shall maintain fire insurance coverage on the property and flood insurance if
the property is within a floodplain. The minimum insurance coverage must be equal to the
replacement value of attached improvements on the property.
H. Household Income
Family gross annual income may not exceed the low-income limits defined as up to 80
percent of the San Bernardino County area median income (AMI) adjusted for household
size and determined annually by the U.S. Department of Housing and Urban Development
(HUD).
For calculating household income, the Part 5 definition of income (24 CFR Part 5.609) must
be used. The PA may use the CPD Income Eligibility Calculator to determine eligibility. T he
calculator can be found at https://hudexchange.info/incomecalculator/.
I. Improvements
In order to qualify and to be eligible, no work shall commence prior to:
I. Application approval;
II. Full execution of OORP Agreement;
III. Full execution of Agreement for Home Improvement for work to be done on the
Principal Residence and;
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IV. Full execution by the homeowner of a Promissory Note and Deed of Trust in a form
approved by the City.
IV. Issuance of a Notice to Proceed by the Program Administrator and the City.
J. Contractor Selection
A. Eligibility - All prospective Contractors must submit or must have submitted, within
the past 3 years, a Contractor Application to PA which will allow the PA to collect all
pertinent information to determine contractor eligibility (i.e. DUNS number, Tax ID,
etc). Contractor failure to submit a Contractor Application may result in a “non-
responsive” bid and disqualify the contractor from consideration. Upon Receipt of bids
from prospective contractors, PA will determine contractor eligibility by conducting
the following: Verify Contractor Application is on file; upon confirmation of complete
Contractor Application on file, NPHS shall conduct the following searches for each
prospective contractor: Debarred/Suspended Search (PA shall not conduct business
with contractors who are excluded/debarred from conducting business with any federal
agency. NPHS shall ensure that the prospective Contractor is not excluded/debarred
from conducting business with any federal agency by conducting a search on the
federal System for Award Management website at www.sam.gov. To comply with this
requirement, Contractors must provide their DUNS number on the Contractor
Application. Prospective contractors, who do not have a DUNS number at time of bid
submittal, must request one by accessing the following website:
http://fedgov.dnb.com/webform/displayHomePage.com. Upon conducting the Sam.gov
search, NPHS shall print the search results and place a copy in the project file.
California State License Board (CSLB) Search: NPHS must not conduct business with
Contractors who do not hold an active CSLB license. NPHS shall verify a prospective
Contractor holds an active CSLB license by conducting a search on the CSLB website
at https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/checklicense.aspx. The
CSLB license must be appropriate for the type of rehabilitation work to be conducted
(i.e. General Contractor, Electrical, Carpenter, etc.) Upon conducting the CSLB search,
NPHS shall print the search results and place a copy in the project file. Better Business
Bureau (BBB) Search, NPHS should not conduct business with contractors who have
negative letter rating score (D+ through F) with the BBB. NPHS shall verify a
prospective Contractor has a positive letter rating score (A+ through C-) with the BBB.
Upon conducting the BBB search, NPHS shall print the search results and place a copy
in the project file.
B. Process (Timeline of 20 days)
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1. Maintain list of qualified, bonded, licensed contractors
2. Manage competitive bid process and secure at least 3 bids
3. Lowest, most responsive and responsible bidder selected by NPHS
4. Contract award letter notifications sent to selected contractors
5. Remit notification letter to non-selected contractors
6. Prepare General Contractor Contract
7. Review final scope of work with city of San Bernardino and contractor prior to
document execution
8. Ensure contractor begins works no later than 10 days from Notice to Proceed
from NPHS
K. Conflict of Interest
No member of the governing body of the PA or the City and any other official, officer,
employee, or agent of the City Government who exercises policy, decision-making functions or
responsibilities in connection with planning and implementation of the program shall be
directly or indirectly eligible for OORP assistance. This restriction shall continue for two (2)
years after an individual’s relation with the PA or City ends . If individual bears false witness to
Conflict of Interest, the applicant/participant must repay funds. This will also be noted in the
application for individual to attest.
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IV. Lead Based Paint Requirements
As part of the program application, owners are provided with information about the dangers
of lead- based paint and Renovation, Repair, and Painting Rule (RRP) Pamphlets. Evidence
of receipt of this information and owner’s signed and dated statement that LBP was received
is maintained in the project file for at least three (3) years. The lead-based paint requirements
can have a significant impact on the final scope of work. If the housing unit in question was
built prior to January 1, 1978, the lead-based paint requirements apply. PA must have staff
knowledgeable about HUD’s lead-based paint regulations and EPA’s Renovation, Repair, and
Painting Rule (RRP) and must have appropriate certifications/ training submitted to the City
and maintained in project file by both the PA and City. Lead safe work and RRP practices are
used during rehabilitation work on painted surfaces larger than the de minimis amounts
(specified in 24 CFR 35.130(d)) that are known or presumed to have lead, and is all disturbed
paint routinely and properly repaired. Work must be performed on painted surfaces above the
de minimis threshold amount where lead-based paint is known or presumed in the work area.
Occupants and their belongings are to be protected during work performed. Firms performing
work, the supervisors, and workers must be certified for abatement or RRP, as applicable,
with workers using lead safe work or RRP practices as applicable, if the work was larger than
the de minimus amounts. Evidence of certification is maintained in the project file by the PA.
In the case that the Lead Safe Housing Rule requires temporary relocation, occupants are
relocated to units free of lead hazards and have their belongings are protected. Regarding
workers and occupant safety, Lead Safe Housing Rule (LSHR) and Lead Renovation, Repair,
and Painting (RRP) are shared with the entities and individuals who perform the rehabilitation
work on painted surfaces, such as contractors and subrecipients. Based on the amount of
subsidy provided to the project, different levels of action are required by the PA, as shown in
the following table:
<$5,000 $5,000-$25,000 >$25,000
Approach to
Lead Hazard
Evaluation and
Reduction
Do no harm Identify and
control Lead
hazards
Identify and Abate
Lead Hazards
Notification Yes Yes Yes
Lead
Hazard
Evaluation
Paint testing of surfaces
to be disturbed by
rehabilitation
Paint testing of
surfaces to be
disturbed by
rehabilitation AND
Risk assessment
Paint testing of
surfaces to be
disturbed by
rehabilitation AND
Risk assessment
Lead
Hazard
Reduction
Repair surfaces
disturbed during
rehabilitation, use lead-
safe work practices,
clearance test of work
site upon completion.
Interim controls,
lead- safe work
practices, clearance
test of unit upon
completion
Complete abatement,
lead- safe work
practices, clearance test
of unit upon
completion1
1 Table covers #10-#12 from Exhibit 24-1 : Lead-Based Paint Compliance - Guide for Review of Lead-Based
Paint Compliance in Properties Receiving Federal Rehabilitation Assistance
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Any required lead-based paint inspections (initial and clearance) will be performed
by the PA’s lead-based paint inspector or risk assessor. Documentation of paint
testing report (if testing was performed) performed by a certified lead based paint
inspector or risk assessor is to be maintained in project file. The cost of initial
testing and clearance will be included as part of the owner’s loan or grant. In the
event that an initial clearance test fails, it will be the contractor’s responsibility to
pay for supplemental clearance tests. The contractor engaged to encapsulate and/or
stabilize lead-based paint will not be paid until evidence of a lead-based paint
clearance is presented to the City. Lead-based paint inspection reports and risk
assessments (as applicable) will be provided to the owner and made available to
contractors as an appendix to the Scope of Work. Documentation of notice to
residents such as the Notice of Lead Hazard Evaluation (if test painting was
performed), a Notice of Presumption (if no paint testing was performed), or if
interim controls or abetment are electively performed at this level of rehabilitation
assistance, then a Notice of Lead Hazard Reduction are to be maintained in project
file. PA must maintain documentation of a clearance report showing the unit, or
unit and the worksite if the work was contained, passed clearance (if lead-based
paint is known or presumed to be in the unit and the amount of material to be
disturbed is above the de minimus threshold) in project file. All documentation
must be kept in project file for a minimum of three (3) years.
V. Historic Preservation Process
I. Generally, historic preservation activity will concentrate on rehabilitation,
preservation and selective restoration of public or privately owned properties.
Requirements Assisted preservation activities, must assist in the development
of viable urban communities, by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for
persons of low-and moderate-income. In addition, activities must either give
maximum feasible priority to activities which will principally benefit low-and
moderate-income persons or aid in the prevention or elimination of slums and
blight. Historic preservation may also be conducted outside a slum or blighted
area as part of activities designed to eliminate specific conditions of blight or
physical decay on a spot basis. In such cases where residential rehabilitation is
for other than low and moderate income households, the eligible activity is
limited to the correction of specific conditions detrimental to public health and
safety
II. Section 106 of the National Historic Preservation Act requires to: 1. Consider
the effects of their undertakings on historic properties; and provide the
advisory council on Historic Preservation with a reasonable opportunity to
comment with regard to such undertakings. Compliance with Section 106 is
achieved by initiating procedures the Advisory Council on Historic
Preservation has outlines at 36 DFR Part 800. Section 800.2 (a) recognizes the
certifying officer as having authority to carry out these procedural
responsibilities. The focus of Part 800 is on the City making a determination
whether a proposed project will affect buildings, structures, or places that are
listed on or are eligible for listing on the National Register of Historic Places.
In making this determination, the City must follow a detailed review process
in consultation with the State Historic Preservation Officer (SHPO). This
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process also provides an opportunity for interested persons, agencies, and
Indian tribes to be part of the City’s decision concerning historic properties
that may be affected. It is important to remember that before approval is given
to proceed, the environmental review records must show the Part 800
consultation process was completed.
III. Procedure: the City is to determine whether the project is an undertaking, or
has no potential to cause effects on historic properties. The City must define
the area of potential effects for the undertaking, identify and evaluate historic
properties in the area of potential effects, determine the effect of the
undertaking, asses the effects on listed and/or eligible properties, resolve any
adverse effects.
IV. Compliance documentation required – the ERR should contain one of these
types of documentation; a letter from SHPO that no historic properties will be
affects, the City’s documentation of no historic properties affected and SHPO
does not object within 30 days, the City’s documents on the project meets
stipulations of a Programmatic Agreement executed with SHPO, or a
memorandum of agreement executed between the City and SHPO regarding
mitigation measures that will be implemented to resolve adverse effects.
VI. Required Record Keeping and File Retention
Files will be maintained to document the significant history of OORP activities for all
projects. The PA must maintain these files for a period not less than five (5) years following
completion of the work. After 5 years completed project files will be submitted to the City of
San Bernardino.
Individual activity documentation must be submitted to the City upon project completion.
Individual activity project files must include documents in the Rehabilitation Submittal
Checklist and must include at a minimum:
I. The application and all supporting documentation related to income and owner-
occupancy, and property information reports.
II. Official correspondence and the Rehabilitation Environmental Review.
III. Inspection reports, lead-based paint reports, before and after photographs, work
descriptions, internal estimate, bid evaluation, contractor clearances, contractor
insurance, contractor business license, contractor W-9, recorded Notice of
Completion.
IV. OORP Agreement, construction contract agreement, applicable promissory notes and
deeds of trust, all loan disbursement information including invoices, payment
releases, lien releases, warranties, and copies of payment checks, signed off City
Permits.
V. Documentation on requests for demand, reconveyance, subordinations, and defaults.
VII. Program Changes
At the discretion of the Director or his/her designee, the Program may be modified to ensure
timely expenditures of program funds and to otherwise meet the intent of assisting low -
income households.
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VIII. Program Database
For each fiscal year, PA staff will maintain a project database containing the case number,
name, address, telephone number, racial/ethnic data, census tract, block group, household
size, household income, income level (i.e. very low, low, moderate), housing cost burden
percentage, year built, application date, inspection date, Work Description approval date,
expected post-rehabilitation value, grant funds awarded, project soft costs (i.e. title, credit,
asbestos/lead-based paint testing), construction contract amount, contractor payment
information, contract award date, final inspection date, recordation of Notice of Completion
Date, approval of completed work, and project phase (i.e. pre -construction, construction,
complete).
17.b
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41
IX. Exhibits
The following exhibits are attached to these Policies and Procedures:
Exhibit A: Rehabilitation Standards
Exhibit B: City of San Bernardino Owner Occupied Rehabilitation Loan Program
Application
17.b
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EXHIBIT A – Rehabilitation Standards
92.251(b)(1) of the HOME Rule requires each PJ to develop and follow written rehabilitation
standards in the implementation of rehabilitation programs and projects. The written rehabilitation
standards must “set forth the requirements that the housing must meet upon project completion ...
(and) be in sufficient detail to determine the required rehabilitation work including methods and
materials.”
In order to be eligible for the City’s homeowner rehabilitation program, all work and home repairs
must be completed in accordance with program guidelines and NPHS’ housing rehabilitation
standards as set forth in the City’s Housing Code. The finished rehabilitation work must be free of
any health and Safety Code, Building Code, or other State and local code violations and must, at a
minimum, meet Section 8 Housing Quality Standards (HQS).
The HOME rehabilitation standards are intended to:
Serve as a basis for the initial examination of inspectable items and areas to
identify conditions or deficiencies that must or should be corrected as part of the scope of
rehabilitation;
Outline the options for correcting any condition requiring intervention that
can be included in the project-specific work write-up; and
Define the materials and methods that must be used when a particular repair
or replacement activity is taken, and the quality, durability, and aesthetics of the end
product.
The Final Rule indicates that the rehabilitation standards must address:
Any “life-threatening deficiencies that must be addressed immediately if
the housing is occupied”;
The useful life of major systems and structural components of the structure
(based on capital needs assessments or estimates of useful life for different types of housing
as required by the Final Rule);
Lead-based paint hazard control requirements as specified in 24 CFR 35
(and in particular the rehabilitation standards described in 35.900 - .930);
Accessibility requirements as defined in 24 CFR Part 8, 24 CFR Part 100
and 28 CFR Parts 35 & 36, as may be applicable to the type of housing, and improvements
beyond regulatory requirements;
Disaster mitigation standards where they are needed in accordance with
state and local requirements or as established by HUD
State and local codes, ordinances and zoning requirements (or, in the
absence of those codes, the ICC International Existing Building Code); and
The Uniform Physical Condition Standards at 24 CFR 5.703 (and minimum
deficiencies that must be addressed based on inspect-able items/areas to be specified by
HUD from 24 CFR 5.705)
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ELIGIBLE IMPROVEMENTS
In addition to the above-noted improvements, program funds are available for rehabilitation
improvements that are physically attached and permanent in nature as follows:
1. Repairs that remedy existing nonconforming uses such as garage conversions, additions,
etc.
2. Exterior work to help preserve or protect structures, roofing, siding (if significantly
damaged), re-leveling, bracing (including earthquake bracing), repair/replacement of
screens/windows, doors and door locks, structural and/or foundation damage, replacement
of deteriorated attached porch and step structures (i.e., Mobile Home porches made of
plywood).
3. Interior work to make a structure more livable and repair/replace/restore important parts
such as plumbing (i.e., re-pipe and replacement of fixtures), damaged flooring, faulty or
inadequate heating/cooling systems, inoperable built-in appliances, damaged ceilings, water
heaters, electrical wiring and service, painting (if walls are damaged).
4. Weatherization and energy conservation items such as insulation, caulking, weather-
stripping. Fumigation and treatment of termites and pest control.
5. Modifications which aid the mobility of the elderly and physically disabled such as shower
units with seats, lever hardware, retrofitting toilets to achieve adequate height, moving
power points and light switches, ramping, reconstructing doorways, lowering sinks in
kitchens and bathrooms.
6. Testing for the presence of lead-based paint and associated control/abatement, as required.
INELIGIBLE IMPROVEMENTS
1. Installation and/or repair of recreational items such as barbecues, bathhouses, greenhouses,
swimming pools, saunas, television antennas, tennis courts.
2. Luxury items such as carpeting (other than water-damaged or carpeting that is not decent,
safe or sanitary), burglar alarms, burglar protection bars, dumbwaiters, kennels, murals,
flower boxes, awnings, patios, decks and storage sheds/workshops. Any freestanding
appliances such as microwave ovens, refrigerators, dishwashers, and fans.
3. Room additions or extensions
4. Other items deemed ineligible by the Director or his/her designee.
Additionally, The following activities are ineligible if undertaken in isolation, and are eligible only
if they are undertaken as part of a comprehensive rehabilitation program:
Weatherization
Emergency repair
Handicapped accessibility
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STANDARDS FOR REHABILITATION OF HISTORIC PROPERTIES
On historic structures included in the OORP, special requirements must be met under the National
Environment Policy Act and the National Historic Preservation Act of 1966, as amended. OORP
projects will be submitted for review to the State of California, Office of Historic Preservation,
when a unit is within a designated Historic District, identified as a Historically Significant Structure,
on the list of Structures Of Historical Interest or is more than 50 years old. In accordance with the
2014 State Historic Preservation Office (“SHPO”) guidance to the City of Irvine, all mobile homes
and any building less than 50 years in age will not be submitted for review. Under direction from
SHPO, historic properties shall be rehabilitated in accordance with the most appropriate standards
based on the age and architecture of the structure. The basic principle is to preserve the character of
the exterior spaces and surfaces. This generally entails the submission of the Work Description to
SHPO for review and comment.
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EXHIBIT B
City of San Bernardino Owner Occupied
Rehabilitation Loan Program Application
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CITY OF SAN BERNARDINO
OWNER OCCUPIED REHABILITATION PROGRAM
A home repair loan for qualified homeowners
Application
Submit completed application and all requested information to:
Mail, Email or Fax to:
ATTN: Jenny Ortiz
9551 Pittsburgh Ave
Rancho Cucamonga, CA 91730
Email: jortiz@nphsinc.org
Fax: 909-545-8692
Phone: (909) 204-7451
Loan funds are available on a first-come, first-serve basis. Loan is contingent upon the availability of
funds and not guaranteed.
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Dear Homeowner(s):
Neighborhood Partnership Housing Services in partnership with the City of San Bernardino
is pleased to offer Owner Occupied Rehabilitation Loans that assist income qualified
households by providing a deferred loan to rehabilitate owner occupied properties
throughout the City of San Bernardino. The program is designed to assist qualified low
income homeowners with household incomes not exceeding the program income limits.
This will allow qualified households to make necessary repairs on their owner-occupied
single- family homes. The goal of the program is to allow homeowners to correct health and
safety hazards, building code violations, make accessibility improvements, and to provide
decent, safe, and sanitary living conditions.
The Program provides assistance in the form of a forgivable loan up to the
maximum total amount of $40,000 for eligible homeowners.
The loan has zero percent (0%) interest.
The loan will become due in the event of one of the following; property sale, transfer
of title of the property, the applicant ceases to occupy the home as their primary
residence, or the applicant refinances the property to take cash out or receive an
equity line of credit.
In the event that the borrower remains in compliance with the terms of the loan, it
will be forgiven at a rate of twenty percent (20%) per year, starting on the sixth
anniversary of the making of the loan, with the full amount of the loan forgiven on
the tenth anniversary of the making of the loan.
Applications are prioritized for funding purposes on a first-come, first-served basis.
Therefore, you are required to complete and return the application within 30 days. If after
three (3) contact attempts staff has not received your completed application, your file will be
closed and your name will be placed at the bottom of the waiting list. Delays can jeopardize
the funding since, as stated above, funds are available on a first-come, first-served basis.
Staff will go to the next household on the waiting list.
Homeowners whose applications have been accepted for this Program will receive a one-
time forgivable loan in an amount up to $40,000 for eligible home repairs and in accordance
with Program Guidelines and NPHS’ housing rehabilitation standards as set forth in the
Housing Code. The finished rehabilitation work must be free of any Health and Safety
Code, Building Code, or other State and local code violations and must, at a minimum,
meet Section 8 Housing Quality Standards (HQS).
No member of the governing body of the PA or the City and any other official, officer,
employee, or agent of the City Government who exercises policy, decision-making functions
or responsibilities in connection with planning and implementation of the program shall be
directly or indirectly eligible for OORP assistance. This restriction shall continue for two (2)
years after an individual’s relation with the PA or City ends. If individual bears false witness to
Conflict of Interest, the applicant/participant must repay funds. This will also be noted in the
application for individual to attest.
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TO BE ELIGIBLE, YOU MUST:
1. Be an individual residing in an owner-occupied single-family property, manufactured
housing or own a membership in a cooperative or mutual housing project that constitutes
homeownership under state law in the City of San Bernardino proper.
2. Be listed on title as the legal owner of the subject property and permanently reside in
dwelling in need of repairs. If property is owned by more than one person, all legal owners
must execute the necessary covenant-agreement documents.
3. Have owned and resided in the dwelling in need of repair no less than one (1) year prior to
submitting application.
4. Not own or have interest in any real property other than the subject property.
5. Have a maximum total family income of 80% Area Median Income (AMI) (all adult
members of the household must submit income verification for all sources of income) of
no more than:
1 person household $40,250
2 person household $46,000
3 person household $51,750
4 person household $57,450
5 person household $62,050
6 person household $66,650
7 person household $71,250
8 person household $75,850
(2019 HUD Income Guidelines for the HOME Investment Partnerships (HOME) Program)
The San Bernardino Owner Occupied Rehabilitation Program requires the completion of the
application and all requested documents be submitted in order to be considered for the
program. The following is a list of what information you will be required to provide in order to
initially submit a completed application.
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Checklist
PROOF OF HOUSEHOLD MAKE-UP
o Copy of California Driver’s license/identification card of ALL homeowners
o Copy of the applicant’s most recent three (3) years of Federal Income Tax return and W-2 forms to
support the stated household size or a letter from the Internal Revenue Service (IRS) stating you
were not obligated to file income taxes for the preceding calendar year, and
PROOF OF HOME OWNERSHIP
o If you own a Single-family home, please attach a COPY of the recorded Grant Deed, a copy of the
most recent Property Tax Bill for your property, and a copy of the most recent Mortgage
Statements for your property.
PROOF OF RESIDENCY
o You must reside at the address named on the application.
o Attach a copy of two (2) current, different utility bills (i.e., water, gas, telephone, or electricity bill)
to your application.
PROOF OF HOMEOWNERS INSURANCE
o Copy of the homeowners insurance policy and flood insurance if located in a flood zone
PROOF OF INCOME ELIGIBILITY
o Provide copies of the most recent three (3) months monthly bank statements/investment
statements for all accounts including retirement accounts. If you have more than one bank
account, please provide copies of the most recent three (3) months bank statements/investment
statements including retirement accounts for each account.
Along with the proof of income eligibility documents, provide all applicable documents below:
Employed
o Provide copies of the most recent three (3) months of paycheck stubs;
Self-Employed
o Provide copies of YTD profit & loss statement, balance sheet, and cash flow statement;
Social Security/disability income
o If you are receiving Social Security, annuities, insurance policy benefits, retirement funds,
pensions, unemployment, disability or death benefits, worker’s compensation, severance
pay, alimony, child support, or Armed Forces income, please attach a copy of the
entitlement letter or equivalent;
Public Assistance
o If the applicant(s) is receiving AFDC, other public assistance, or welfare income a copy of the
benefit statement shall be required from the Department of Social Services or other agency
that states the amount of benefits;
NOTE: Applications without the required proof of HOUSEHOLD, OWNERSHIP, RESIDENCY, HOMEOWNERS
INSURANCE, and INCOME as described above will be considered incomplete. All incomplete applications will
not be processed.
Staff will review your completed application to determine whether you are eligible for assistance. At this
time, please DO NOT request bids or hire a contractor. If you are deemed eligible to participate in the
program you will be notified.
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APPLICATION
( )
(1) Applicant Name Mr. Mrs. Ms. Social Security No. Home Phone
( )
(2) Co-Applicant Name Social Security No. Home Phone
Street City State Zip Code
(3) Property Address
Street City State Zip Code
(4) Mailing Address (If different from above)
(5) Total Number of Persons in household:
List all OTHER members who live in your home at the time of application.
Full Name Age Relation to Owner(s)
(6) Total Monthly Gross Income $
Source of Income: (Please indicate amount)
Social Security Income (SSI) $ Disability Income (SSI) $
Workers Compensation $ Pension (SSI) $
Alimony/Child Support $ Investment $
Employment Income $ Self Employment Income $
Other Income: $
(7) What is the age of the head of household?
(Please check only one)
Under 18 years 18 to 24 years
25 to 44 years 45 to 59 years
60 to 64 years 62 years or older
(8) Marital Status
Married Divorced Legally Separated
Widower/Widow Single
(9) What is the gender of the head of household?
Male Female
(10) Is the applicant or co-applicant handicapped?
Yes No
(11) Is the applicant or co-applicant permanently
disabled? Yes No
Neighborhood Partnership Housing Services Inc. does not
discriminate on the basis of disability status in the admission or
access to, or treatment or employment in, its federally assisted
programs and activities. Section 504 (24 CFR, part 8 dated June
2, 1988).
(12) I/We currently:
Own my/our house free and clear
Have a mortgage to pay off
Lease with an option to buy
Other:
(13) Are you a Veteran of the U.S Armed Forces?
[ ] Yes [ ] No
(14) Are you the OWNER-OCCUPANT of the property to be
repaired? Yes No
(15) How many years have you occupied the home?
Less than 1 year 1 to 5 yrs Over 5 yrs
Not an Occupant
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(16) My/Our residence is a:
Single-Family Home Mobile Home
Unit in a Co-Op or Condominium Other:
(17) How many bedrooms in your home?
1 bedrooms 2 bedrooms [ ] 3 bedrooms
4 bedrooms 5 or more bedrooms
(18) What year was the house built? (19) What year did you buy the house?
(20) How did you first hear about this Program?
Referral from City of San Bernardino Referral from Public Housing Waiting List Friend/ Relative
Community Bulletin Board/Flyers Referral from another Department/Agency Other:
(21) Have you had this service before? Yes No If yes, what year?
(22) Briefly describe the repairs needed. Attach a separate sheet if more room is necessary.
1.
2.
3.
4.
5.
6.
7.
Application Affidavit
You are hereby signing this Application Affidavit under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who
knowingly submit, or cause another person or entity to submit, false claims for payment of government funds are liable
for three times the government’s damages plus civil penalties of $5,500 to $11, 000 per false claim.
Applicant Signature: Co-applicant Signature:
Applicant Name: Property Address:
17.b
Packet Pg. 1067 Attachment: 6.29.2020 FINAL NPHS HOME Agmt (6828 : Owner Occupied Rehabilitation Program)
Signature of Applicant Date
55600.00100\32896365.1
INCOME TAX AFFIDAVIT
I (we) the undersigned, being first duly sworn, state the following: (Please check all that apply)
(Check and complete Number 1 & 2 if you were not required by law to file a Federal Income Tax Return.)
1. I (we) hereby certify that I (we) was (were) not required by law to file a Federal Income Tax Return for the
following year(s) for the reason(s) below:
Form 4506-T “Request for Transcript of Tax Return” must be submitted to the IRS for verification of non-filing
status.
2. I (we) certify that I (we) cannot produce a copy of a signed federal tax return. I (we) agree that I (we) will provide
NPHS with the following:
A Transcript of Tax Return by completing Form 4506T
(Check and Complete Number 3 if you are providing the City with acceptable tax documentation other than
copies of tax fillings.)
3. I (we) certify that I (we) filed Form 1040EZ /1040A/1040 for Tax Year (s) . I am providing this certification in
addition to a tax account summary provided by the IRS since I cannot produce a copy of the tax filing.
(Check and complete Number 4 only if the Owner Occupied Rehabilitation Application is submitted between
January 1 and April 15 and you have not yet filed a Federal Income Tax Return for the previous year, but intend to
file.)
4. I (we) hereby certify that I (we) have not yet filed a Federal Income Tax Return for the previous tax year. I hereby
certify that the information submitted to NPHS is in accordance and consistent with the tax documentation
which I (we) intend to submit for the previous tax year. I (we) agree that I will provide NPHS with a copy of my
tax filing documents no later than April 16 of this year.
CERTIFICATION OF ALL APPLICANTS
By my (our) signature below, I (we) certify that the above information is true. I (we) understand that NPHS/ City of
San Bernardino can revoke any funds granted upon discovery of an Applicant’s material misstatement, whether
negligent or fraudulent.
Signature of Applicant Date
17.b
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Co-Applicant
Signature
Dat
e
55600.00100\32896365.1
HOUSEHOLD SIZE AFFIDAVIT
I (we) the undersigned, being first duly sworn, state the following: (Please check all that apply)
1. I (we) hereby certify that my (our) household size is and income limits do not exceed the established
limits for household size indicated in the Owner Occupied Rehabilitation Program application.
(Check and complete Number 2 only if you share ownership of property with someone not residing in the
property)
2. I (we) hereby certify that I (we) share title of ownership with someone other than those residing in my (our)
household on the Owner Occupied Rehabilitation Program application. I (we) hereby certify that the
information submitted to NPHS is in accordance and consistent with the tax documentation which I (we)
submitted. I agree that I will provide NPHS with a copy of my tax filing documents or proof of non-filing, which
will be used to determine household size.
Applicant Signature Date
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RIGHT OF ENTRY
Right of Entry:
I/We the undersigned hereby consent to allow authorized representatives of NPHS to enter my/our place of residence
for the purpose of evaluating the housing repairs needed described herein. The undersigned and the representatives of
NPHS will perform this evaluation jointly.
I/We understand NPHS shall receive all repair estimates within 15 calendar days from three (3) licensed contractors
following the receipt of a Project Cost Estimate/Bid that is prepared by an authorized representative of NPHS. Failure to
do so will result in no further processing of my/our application and transferring committed funds to another eligible
project.
Please initial here / .
Applicant Signature Date
Co-Applicant Signature Date
17.b
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Credit Report Request & Authorization
Applicant Personal Information Co-Applicant Personal Information
Last Name First MI Last Name First MI
SSN Date of Birth Suffix SSN Date of Birth Suffix
Address Apt Address Apt
City State Zip City State Zip
Authorization
I authorize NPHS to pull my credit report, and review my credit file in connection with my participation in
NPHS' Programs, using an online credit reporting source.
(a) Initial if Applicant and Co-Applicant are married
(b) Initial if you are authorizing NPHS to process a one-time transaction. Fee to be charged: Single-
$25.00. Couples will be charged at the single rate for a total of $50.00. Payments can be made by cash or check only.
I understand that information about services provided to me may be used to conduct research and reporting, related to
service needs, income supports, education and employment, and program effectiveness. The use of this informa tion for
research and reporting may last beyond the actual delivery of current services. My name, social security number, or any
other information that would identify me personally will never appear on research or a report. I understand that any
intentional or negligent representation(s) of the information contained on this form may result in civil liability and/
or criminal liability under the provisions of Title 18, United States Code, Section 1001.
Applicant Signature Date Co-Applicant Signature Date
Staff use only
Payment type:
□ Cash
□ Check #
Report run by:
Staff initials
17.b
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Last Updated 11/15/2017 7/16/18 17.b
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City of San Bernardino Owner Occupied Rehab Program Cover
Sheet
Applicant:
Address:
Phone Number:
Is the eligible property a: Single Family Residence Townhome Condominium
Other Eligible Residence
Is the property within the San Bernardino city limits? Yes No
Is the applicant income qualified? Yes No
Household annual Income:
Income level: Extremely Low (30%) Very Low (50%) Low (80%)
Number of Persons in Household:
Based on the information provided by the applicant and the eligibility criteria entered above, we
find the applicant to be eligible ineligible to participate in the City of San Bernardino
Owner Occupied Rehabilitation Program.
Reviewer’s Approval: Date:
Name Printed: Title:
17.b
Packet Pg. 1073 Attachment: 6.29.2020 FINAL NPHS HOME Agmt (6828 : Owner Occupied Rehabilitation Program)
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City of San Bernardino
Submittal Checklist
Single Family Rehabilitation Loan
Property Owners: ______________________________________________________________________
Property Address: ______________________________________________________________________
Item Attached Comments
Environmental/ Historical Review
Property Profile Year Built:_____ LBP requirements apply?
Environmental Clearance SHPO clearance (properties 50+ years)
Property in flood zone/need flood insurance:
Photographs Need front and side views of subject property,
view down the street (both directions), and
pictures of properties adjacent to an in front of
the subject property
Work Write-up
Eligibility Review
Loan request form
Documentation review LTV:
Copy of application
Income documents and certification
Evidence that property taxes are current
Evidence of current property insurance
Current Mortgage statement (if applicable)
Evidence of owner-occupancy in preceding
12-months
Homeowner release & waiver
Verification of After-Rehab Value
Adherence to Written Rehabilitation
Standards
Project completion
Executed loan documents Promissory Note Deed of Trust
Covenant
3 day right of rescission
Loan Services Agreement
Title Preliminary Report
Recorded Notice of Completion
Copy of appraisal Verify after rehab value:
Copy of Insurance Loss Payee
Endorsement Form
Lead Based Paint Compliance
LBP applicability checklist
Risk Assessment For pre-1978 properties with rehab work over
$5K
Clearance Report For pre-1978 properties
LBP Pamphlet Acknowledgement and
notice
For pre-1978 properties
Construction Management Records
Documentation of Initial Inspection
General Contractor Agreement with final
work write-up/ bid
Contractor Requirements/Contractor
Eligibility
Contractor’s License Specialty License
Lead EPA certification CSLB License
Status Verification GL Insurance
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Item Attached Comments
Auto Insurance Workers Comp
Non-debarment City Business License
Contractor Clearance of HUD
Suspension/Debarments
Contractor selection
Bid analysis and copies of bids not selected
Notice to Proceed
Permits
Before & After photos
Final work inspection
Miscellaneous
Payments (progress, final, and retention)
Payment supporting documentation Invoices Lien Releases
Work Inspections
Approval of Work Change Orders
Certification rehab standards met
Warranties
Miscellaneous
Comments
17.b
Packet Pg. 1075 Attachment: 6.29.2020 FINAL NPHS HOME Agmt (6828 : Owner Occupied Rehabilitation Program)
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Homeowner Income Calculation
Monthly Projection: $0
Annual Projection: $0
Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Co-Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0.00
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0.00
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Co-Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0.00
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Date:
?? % AMI
17.b
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OORP LOAN TO VALUE Worksheet
Applicant(s):
Property Address:
Property Purchased
'i. ' /-
Mortgage: $ -
City of San Bernardino OORP Loan (MAX LOAN VALUE) $ 40,000
Total $ 40,000
Comparable Median Sales Value
Loan To Value I
17.b
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SAN BERNARDINO OWNER-OCCUPIED REHABILITATION PROGRAM
Pre-Inspection Record
Applicant:
Property Address:
Phone Number:
Date of inspection:
Residence Type: Single Family Residential
Year Built:
Home Sq. Ft/size:
Repairs Requested:
Repairs:
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SITE-SPECIFIC FIELD CONTAMINATION CHECKLIST
Completing the form requires a site visit by the preparer. The preparer should be sure to observe the
property by walking through the property and the building(s) and other structures on the property to
the extent possible and observing all adjoining* properties.
PREPARER MUST COMPLETE CHECKLIST IN ITS ENTIRITY
Date of Visit: Time: Weather Conditions:
Program Name:
Project Location/Address:
Property Owner:
Attach the following, as appropriate:
Photographs of site and surrounding areas Maps (street, topographic, aerial, site map, etc.)
QUESTION
Is there evidence of any of the following?
OBSERVATION
SUBJECT
PROPERTY
ADJOINING
PROPERTIES
Is the property or any adjoining property currently used, or has evidence of
prior use, as a gasoline station, motor vehicle repair facility, printing
facility, dry cleaners, photo developing laboratory, junkyard, or as a
waste treatment, storage, disposal, processing or recycling facility?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any damaged or discarded automobile(s), automotive or
industrial batteries, pesticides, paints, or other chemicals in individual
containers greater than 5 gal in volume or 50 gal in the aggregate, stored
on or used at the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any industrial drums (typically 55 gal) or sacks of chemicals,
herbicides or pesticides located on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Has fill dirt been brought onto the property or adjoining properties that
originated from a suspicious site or that is of an unknown origin?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any pits, ponds, or lagoons located on the property or adjoining
properties in connection with waste treatment or waste disposal?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Is there any stained soil, distressed vegetation and/or discolored water
on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any storage tanks, aboveground or underground (other than
residential), located on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
*Adjoining properties: Any real property or properties the border of which is contiguous or partially contiguous with that of the property, or that would be
contiguous or partially contiguous with that of the property but for a street, road, or other public thoroughfare separating them.
DRAFT HU7D/1-6R/178-5-4-12
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QUESTION
Is there evidence of any of the following?
SUBJECT
PROPERTY
ADJOINING
PROPERTIES
Are there any vent pipes, fill pipes, or underground tank access ways
visible on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are any flooring, drains, walls, ceilings, or grounds on the property or
adjoining properties stained by substances (other than water) or emitting
noxious or foul odors or odors of a chemical nature?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Is the property served by a private well or non-public water system? (If
yes, a follow-up investigation is required to determine if contaminants have
been identified in the well or system that exceed guidelines applicable to the
water system, or if the well has been designated contaminated by any
government environmental/health agency.)
YES
NO
UNKNOWN
Has the owner or occupant of the property been informed of the existence
of past or current hazardous substances or petroleum products or
environmental violations with respect to the property or adjoining
properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Do the property or adjoining properties discharge wastewater (not
including sanitary waste or storm water) onto the property or adjoining
properties and/or into a storm water system?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Is there a transformer, capacitor, or any hydraulic equipment on the
property or adjoining properties that are not marked as “non-PCB”?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
If answering “YES” or UNKNOWN” to any above items, describe the conditions:
Use photographs and maps to mark and identify conditions. Attach more information as needed.
Is further evaluation warranted? YES NO UNCERTAIN
Preparer of this form must complete the following required info rmation.
This inspection was completed by:
Name:
Title:
Phone Number:
Email:
Agency:
Address:
Preparer represents that to the best of his/her knowledge the above statements and facts are true and correct
and to the best of his/her actual knowledge no material facts have been suppressed, omitted or misstated.
Signature: Date:
DRAFT HUD-R7-5-4-12
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City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM BID
COMPARISON
(Client Name & Property Address) San Bernardino CA 9####
#
ITEM
Contractor 1
Contractor 2
Contractor 3
1
2
3
4
5
6
7
8
9
Total BID Amount $0.00 $0.00 $0.00
Permits
Bid Subtotal $0.00 $0.00 $0.00
addition to bid
TOTAL w/ OPTION and ADDENDUM
TOTAL $0.00 $0.00 $0.00
Lowest Bid Middle Bid Highest Bid
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55600.00100\32896365.1
Neighborhood Partnership
Housing Services City of San Bernardino
City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM BID
ACCEPTANCE FORM
Property Owner:
Property Address:
Home Phone: Work Phone:
CONTRACTOR’S NAME:
Address:
City/State/Zip:
License Number: Phone Number:
I/We the Owner(s), of the above named property, have accepted the
attached bid proposal to rehabilitate our property.
Owner: Date
NOTE:
It is the responsibility of the Contractor to obtain the
necessary permits from the pertaining City.
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Neighborhood Partnership
Housing Services City of San Bernardino
City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM
GUARANTY FORM
The undersigned guarantees the completion of said residential rehabilitation
for:
(Address)
In the event your bid is selected by the program applicant and NPHS you, the
Contractor, guarantee the following:
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty workmanship, material furnished, or methods of
installation, or should the work or any part thereof fail to operate properly as originally
intended and in accordance with the Project Cost Estimate/Bid and/or manufactures
specifications, due to any of the above causes, all within twelve (12) months after the
date on the Acceptance and Approval of Completed Work form, the undersigned
agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring
said work to the condition contemplated in the Project Cost Estimate/Bid, including the
cost of any such equipment or material replaced and the cost of removing, and
replacing of any other work necessary to make such replacement or repairs, or, upon
demand by the Owner, to replace any such materials and to repair said work completely
without cost to the Owner so that said work will function successfully as originally
contemplated.
The Owner shall have the unqualified option to make any needed replacements or
repairs itself or to have such replacements or repairs done by the undersigned.
The undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within the time limit designated by the Owner.
If the undersigned fails or refuses to comply with their obligations under this guaranty,
the Owner shall be entitled to all costs and expenses, including attorney's fees,
reasonably incurred by reason of said failure or refusal.
Company Name:
Signature: Title:
Date:
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55600.00100\32896365.1
AGREEMENT FOR HOME IMPROVEMENT
THIS AGREEMENT, hereinafter called the AGREEMENT, is made this day of
, 2020, by and between , hereinafter called the
CONTRACTOR, and , hereinafter called the OWNER.
WITNESSETH, that the CONTRACTOR and OWNER for the consideration stated herein
mutually agree as follows:
ARTICLE 1: Statement of Work. The CONTRACTOR shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, fixtures and services
including transportation services, and perform and complete all work required for
rehabilitation of the property described below in an efficient manner, as follows:
Residential property located at: , San Bernardino, CA
9240_, hereinafter called the PROPERTY, all in strict accordance with documents for
home improvement, as prepared by City of San Bernardino, hereinafter called CITY.
The OWNER will not request nor will the CONTRACTOR provide any additional work
other than that which is listed in the City-approved scope of work or change order.
ARTICLE 2: Contract Price; Retention. The OWNER will pay the CONTRACTOR for
performance of this contract, in current funds, the contract price of 00/00 ($00,000.00).
To ensure the CONTRACTOR’s faithful performance of this contract, ten percent (10%)
of each progress payment will be retained by the OWNER and separately accounted for.
Upon CONTRACTOR’s completion of all of the work and the recordation of a notice of
completion by the OWNER, the retained amount shall be paid to the CONTRACTOR,
less an amount reasonably necessary to compensate the OWNER for any defect in the
work or other unsatisfactory performance of the work.
ARTICLE 3: Agreement. In addition to the provisions hereof, this AGREEMENT
includes all terms and provisions of the following documents, all of which are
incorporated by reference:
a. General Conditions attached hereto
b. Addenda to this AGREEMENT, if any
c. CONTRACTOR’s bid for rehabilitation of structure
d. Architectural plans, if any
e. Scope of work
f. Work schedule
g. List of subcontractors, if any
h. Notice to Proceed
This AGREEMENT, together with the other documents enumerated in this ARTICLE 3,
which said other documents are as fully a part of this AGREEMENT as if hereto attached
or herein repeated, forms the contract between the parties hereto.
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0
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ARTICLE 4: Administration. This AGREEMENT shall be administered by Neighborhood
Partnership Housing Services, a California corporation, hereinafter called NPHS.
Administration of this AGREEMENT by NPHS shall include, without limitation:
a. Approving, and obtaining CITY approval of, all improvements to be performed
pursuant to this AGREEMENT, in advance of construction. This includes all
change orders.
b. Ensuring compliance with all laws, including without limitation the
requirements of the HOME Investment Partnership program, hereinafter
called HOME, as administered by the United States Department of Housing
and Urban Development, hereinafter called HUD.
c. Inspecting the PROPERTY during rehabilitation to ensure compliance with
this AGREEMENT.
d. Reviewing invoices submitted by CONTRACTOR and its subcontractors, if
any. CONTRACTOR shall verify to NPHS that subcontractor invoices are
reasonable and the work has been completed properly.
ARTICLE 5: CONTRACTOR Cooperation. CONTRACTOR understands and agrees
that the funding that will be used to pay CONTRACTOR for the work done pursuant to
this AGREEMENT has been obtained CITY from HUD pursuant to the HOME
program and must be utilized in compliance with the requirements of that program.
CONTRACTOR agrees to cooperate fully with CITY, NPHS, HUD, and all other
governmental agencies in ensuring and verifying such compliance, including without
limitation any audit. This provision shall survive the expiration or termination of this
AGREEMENT.
ARTICLE 6: Term. This AGREEMENT shall commence upon its execution by both
parties and shall continue in effect until all work to be performed by CONTRACTOR
under this AGREEMENT has been completed to the written satisfaction of OWNER,
NPHS, and CITY.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed in one original and two copies on the date and year first above written.
OWNER
By By
PHONE: ( )
ADDRESS: , San Bernardino, CA 9240_
CONTRACTOR
By:
Title: Contractor
Phone: ( ) Lic.#: _
Address:
17.b
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GENERAL CONDITIONS
(Capitalized terms have the meaning assigned to them in the foregoing AGREEMENT
FOR HOME IMPROVEMENT between CONTRACTOR and OWNER, of which these
General Conditions are a part.)
Contractors are licensed and regulated by the Contractors State License Board, located
at 9821 Business Park Drive, Sacramento, CA 95827; Mailing Address: P.O. Box 26000
Sacramento, CA 95826. Any questions regarding a contractor may be referred to the
Board at the preceding addresses.
1. CONTRACTOR agrees to begin construction within three (3) days of the
issuance of a Notice to Proceed by the CITY and to complete the work within
days after commencement.
2. CONTRACTOR shall provide and pay for all labor, materials, services, license
fees, and all items necessary for the proper completion of the construction work.
3. CONTRACTOR shall, before being entitled to receive any payment or progress
payments hereunder, furnish OWNER, NPHS, and CITY with labor and
material invoices and lien releases, covering work done and materials furnished
for construction in an amount not less than the total prior payments made.
4. CONTRACTOR is prohibited from using lead-based paint in any work
done pursuant to the AGREEMENT.
5. Payments will be made on approval of work and in accordance with the CITY
policy regarding payment. Currently, for projects under $10,000.00, one
check will be issued after completion of the work (see below for
requirements). For larger amounts, progress payments will be made in
accordance with the schedule for progress payments.
6. After the final inspection and acceptance of all work under the contract by
OWNER, NPHS, and CITY, including clean-up, the CONTRACTOR may submit
the requisition for final payment for approval.
7. Prior to final payment and as a condition hereto, CONTRACTOR shall provide a
Labor and Material Lien Release on a form accepted by the building industry
from all workers, sub-contractors, and material suppliers. This release will set
forth the undisputed balance due the CONTRACTOR under the contract and
duly approved change orders; a listing of additional amounts of outstanding and
unsettled items which the CONTRACTOR claims are just and due and owing by
OWNER to CONTRACTOR; a certification that work under the contract has been
performed in accordance with the term thereof, and that there are no unpaid
claims for materials, supplies or equipment and no claims of laborers or
mechanics for unpaid wages arising out of the performance of the contract.
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8. CONTRACTOR shall, for the duration of the AGREEMENT, continuously
monitor the contracted work to determine that the work write-up and/or
architectural plans are consistent with all applicable laws, ordinances and
codes. Where the CONTRACTOR discovers that the work write-up and/or
plans fail to meet code compliance, the CONTRACTOR shall immediately
report all such findings to NPHS and CITY.
9. In the event CITY or NPHS, through inspection, ascertains that the contracted
work is incomplete, the CONTRACTOR shall amend the contract through a
change order "Addendum", as referred to in Article 3 of the foregoing HOME
IMPROVEMENT AGREEMENT. Said change order shall identify all code
deficiencies and required corrections.
No change orders are allowable unless specifically approved in writing by the
OWNER, NPHS, and CITY. No claim for an adjustment of the contract price will
be valid unless so ordered.
10. The CONTRACTOR shall give all notices required by law and comply with all
applicable laws, ordinances, codes of the CITY and the requirements of the
CDBG Program. The CONTRACTOR shall obtain all required permits and
licenses prior to commencing work.
11. CONTRACTOR agrees to keep in full force and effect at CONTRACTOR'S own
expense during the entire term of the AGREEMENT the following policies of
insurance:
a. CONTRACTOR and each of its subcontractors shall maintain
comprehensive automobile liability insurance of not less than One Million
Dollars ($1,000,000) combined single limit per occurrence for each
vehicle leased or owned by CONTRACTOR or its subcontractors and
used in performing work under the AGREEMENT.
b. CONTRACTOR and each of its subcontractors shall maintain worker’s
compensation coverage in accordance with California workers’
compensation laws for all workers under CONTRACTOR’s and/or its any
of its subcontractors’ employment performing work under the
AGREEMENT.
c. CONTRACTOR shall maintain commercial liability insurance, including
coverage for personal injury, death, property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including
products and completed operations coverage. Said insurance shall be
primary insurance with respect to any coverage maintained by CITY and
the policy shall so provide. CONTRACTOR shall require and ensure that
all general liability insurance policies covering work under the
AGREEMENT, whether obtained by CONTRACTOR or CONTRACTOR’s
contractors or subcontractors, include CITY and its officers, agents, and
employees as additional insureds. If required by CITY from time to time,
CONTRACTOR shall increase the limits of CONTRACTOR’s liability
insurance to reasonable amounts customary for contractors performing
work similar to the work to be performed under the AGREEMENT.
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d. CONTRACTOR shall maintain builders’ risk/property insurance during
the course of construction, and upon completion of construction if
requested by CITY, and property insurance covering the property to
be rehabilitated, in form appropriate for the nature of such property,
covering all risks of loss, excluding earthquake, for one hundred
percent (100%) of the replacement value, with deductible, if any,
acceptable to CITY, naming CITY as a loss payee.
e. Flood insurance must be obtained if required by applicable
federal regulations.
Concurrent with the execution of the AGREEMENT, and prior to the
issuance of a Notice to Proceed and the commencement of any work,
CONTRACTOR shall deliver to CITY copies of policies or certificates
evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the
term of the AGREEMENT. Each policy of insurance that CONTRACTOR
purchases in satisfaction of the above insurance requirements, except
workers compensation, shall be endorsed naming CITY and its officers,
agents, and employees as additional insureds, and shall provide that,
except with respect to the coverage limits, insurance applies to each
named and additional insured as though a separate policy were issued to
each. Each policy shall provide for a waiver of subrogation as against
CITY and its officers, agents, and employees, and shall provide that the
policy may not be cancelled, terminated or modified, except upon thirty
(30) days’ prior written notice to CITY.
CONTRACTOR shall further comply with all applicable state laws and
regulations as they relate to labor requirements, minimum wage
requirements, safety orders, and such other federal and state laws and
regulations as may govern employment, safety, wage and benefit
standards, including without limitation all nondiscrimination provisions.
12. NPHS and CITY shall have the right to examine and inspect rehabilitation work
included in this contract. Any orders or instructions to the CONTRACTOR will be
given by OWNER or NPHS, upon prior approval by CITY. CITY and NPHS shall
be permitted to examine and inspect all subcontracts, materials, equipment,
payrolls and conditions of employment pertaining to the work, including all
relevant dates and records.
13. CONTRACTOR agrees that work premises shall be kept clean each day and
orderly during the course of the work and, upon completion of work, to remove all
debris and surplus materials from the property and to leave said property in a
neat and broom-clean condition.
14. CONTRACTOR guarantees that all materials and equipment furnished
by CONTRACTOR shall be new and of good quality and manufacturers'
and suppliers' written guarantees and warranties covering said materials
and equipment furnished under the contract shall be provided to the
OW NER.
15. Neither the final payment nor partial or entire use of the premises by OWNER
shall constitute an acceptance of work not done in accordance with the
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AGREEMENT or relieve the CONTRACTOR of liability in respect to any express
warranties or responsibility for faulty materials or workmanship. The
CONTRACTOR shall promptly remedy any defects in the work, and pay for any
damage to other work resulting therefrom, which may appear WITHIN A
PERIOD OF ONE YEAR with the exception of roofs where a minimum five year
warranty must be provided from the date of final acceptance of the work unless a
longer period is specified. The OWNER will give notice of observed defects with
reasonable promptness.
16. CONTRACTOR or subcontractors contracting for any part of the work under
theAGREEMENT shall not work or permit work to be done on Sunday or CITY
holidays without prior approval of the CITY. (Holidays include: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas.)
17. OWNER may continue to occupy the premises during rehabilitation work, but will
cooperate with the CONTRACTOR in a reasonable manner, keeping
interference to a minimum and abandoning limited areas as may be essential to
conduct the work.
18. Existing utility services will be available to CONTRACTOR without
charge, including: electricity, gas, and water.
19. Time is of the essence and work shall be accomplished as quickly and
expeditiously as possible. In the event completion of the work is delayed beyond
the due date set forth in this contract for any reason other than willful failure or
refusal by the OWNER to cooperate or the causes specified in Section 20,
CONTRACTOR shall pay to OWNER the sum of ONE HUNDRED DOLLARS
($100.00) per day as fixed, agreed and liquidated damages for each calendar
day of delay from the above date stipulated for completion, or as modified in
accordance with any approved change orders, until such work is satisfactorily
completed and accepted. Such liquidated damages may be deducted from the
final payment. Where the project cost is paid for by both the OWNER and CITY,
such liquidated damages shall be shared on a prorata basis.
20. CONTRACTOR shall not be charged with liquidated damages pursuant
to Section 19 for any delay in the completion of work due to:
a. Any act of government, including controls or restrictions on or
requisitioning of materials, equipment, tools or labor by reason of
war, national defense, or any other national emergency.
b. Any act of OWNER.
c. Causes NOT reasonably foreseeable by the parties to the
AGREEMENT at the time of its execution which are beyond the control
of, and occur without fault or negligence by, the CONTRACTOR,
including but not restricted to acts of another contractor in the
performance of some other contract with the OWNER, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes and
weather conditions.
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d. Any delay of any authorized subcontractor occasioned by any of
the causes specified in paragraphs (a), (b), and (c) above.
Provided however, that CONTRACTOR must promptly (within ten days)
notify the OWNER and NPHS, in writing, of the cause of the delay. If the
facts show the delay to be properly excusable under the terms of this
contract, the OWNER shall extend the contract time, subject to the
CITY'S approval, by a period commensurate with the period of excusable
delay.
21. In the event CONTRACTOR fails or refuses to complete the work as set forth in
the schedule incorporated into the AGREEMENT, or fails or refuses to use due
diligence in performing the required alterations and improvements, and in the
further event that such failure, refusal or default continues for 48 hours after
delivery to CONTRACTOR of a written notice to cure such default, then the
OWNER may terminate the AGREEMENT by written notice to CONTRACTOR,
and upon delivery of such notice, CONTRACTOR shall immediately surrender
possession of the premises and remove all equipment and materials therefrom.
CONTRACTOR shall, upon such termination, deliver materials and labor lien
releases, executed by all persons and firms supplying labor and/or materials to
the premises, and OWNER shall be obligated to pay CONTRACTOR only the
dollar amounts specified for the portion of the work completed by CONTRACTOR
and accepted by OWNER and CITY to the date of termination. In computing the
amount due, CONTRACTOR shall not be entitled to any allowance for overhead,
profit, insurance or other items listed in the total contract price on the bid form.
Payment shall be made to CONTRACTOR only after the total job has been
completed and under the terms and conditions as set forth in the AGREEMENT.
22. All claims and disputes relating to this contract shall be settled by arbitration in
accordance with the rules of the American Arbitration Association for the
construction industry. Should either party bring suit in court to enforce the terms
hereof, any judgment awarded shall include court costs and reasonable
attorney's fees to the prevailing party.
23. The parties hereto agree to hold harmless and defend, with counsel reasonably
acceptable to CITY, CITY and each of its officers, employees and agents from
all claims, damages, costs or expenses that may arise because of property
damage and/or personal injury resulting from or out of the course of performing
the work hereunder which may be caused by the willful or negligent act or
omission by CONTRACTOR or any of its employees, agents, or subcontractors.
24. CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin or disabilities.
CONTRACTOR will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including
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apprenticeship.
CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and all implementing regulations of the Department of
Labor.
25. The AGREEMENT constitutes the sole and only agreement of the parties hereto
relating to the project and correctly sets forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in the AGREEMENT are of no force and
effect. The AGREEMENT may be amended only by a written addendum signed
by both parties with prior approval by the CITY.
26. No member of the governing body of CITY, and no other public official of CITY
who exercises any functions or responsibilities in connection with the
administration of the project to which the AGREEMENT pertains, shall have any
interest, direct or indirect, in the AGREEMENT.
Owner: Date:
Owner: Date:
Contractor: Date:
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NOTICE TO PROCEED
DATE:
TO: Contractor
Address
City, CA Zip
FROM: City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
You are hereby authorized to proceed with the work to be undertaken per bid
specifications at , San Bernardino, CA 9240_ as of
, 2020.
You must begin work within three (3) days of issuance of this NOTICE TO PROCEED.
You may conduct work between the hours of 7:00 a.m. to 7:00 p.m., Monday through
Saturday, or as mutually agreed by you and the property owner, with concurrence of the
CITY.
You may not modify, revise, or change the scope of work provided under the bid
specifications, except as authorized by the property owner and CITY, in writing after your
submittal of a CHANGE ORDER, which includes a description of the change in work, the
reason for the change and an itemized list of costs.
Work must be completed within days of the date of this NOTICE
TO PROCEED, or as otherwise agreed upon by the owner and CITY.
Gretel Noble, Housing Manager or Designee Date
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CITY OF SAN BERNARDINO
OWNER OCCUPIED REHABILITATIONLOAN AGREEMENT
THIS OWNER OCCUPIED REHABILITATION LOAN AGREEMENT (this
“Agreement”) is made this _______ day of , 20__ by and between the City of San Bernardino, a
charter city organized under the laws of the State of California, with an address of 290 North D
Street, San Bernardino, CA (“City”) and , an individual (“Borrower”).
RECITALS
WHEREAS, Borrower owns and lives in a single-family residence located at within
the City (the “Property”); and
WHEREAS, City receives funding under the United States Department of Housing and
Urban Development (“HUD”) HOME Investment Partnership (“HOME”) Program, which is
eligible to be used for the improvement and rehabilitation of residential property within the
City; and
WHEREAS, City has adopted an Owner Occupied Rehabilitation Program in order to
provide loans of said HOME funds to certain owners of eligible residential property to construct
improvements to and rehabilitate their properties; and,
WHEREAS, Borrower proposes to make improvements to and rehabilitate the Property
(the “Project”), and such improvements and rehabilitation will, in furtherance of the City’s
objectives for the Owner Occupied Rehabilitation Program, improve the appearance of the City,
assist in the elimination of physical and economic blight in the City, and stimulate private
investment; and,
WHEREAS, City desires to provide HOME funding to Borrower for the Project; and
WHEREAS, in furtherance of the foregoing, City and Borrower desire to enter into this
Agreement to set forth the terms and conditions of the funding and construction of the Project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, CITY AND
BORROWER HEREBY AGREE AS FOLLOWS:
Section 1. Recitals. The Recitals of this Agreement are true and correct and are
incorporated herein by this reference. The information and facts set forth in the Recitals are
material to this Agreement.
Section 2. City Loan. City shall provide Borrower with the sum of $___ in HOME
funds as a loan (the “Loan”) for certain construction work and materials for the
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furtherance of the Project by Borrower, subject to the conditions and restrictions set forth in this
Agreement. The Loan shall not be increased under any circumstances, notwithstanding any
increased costs for materials, supplies, or labor costs, or cost overruns of any nature with respect
to the implementation of the Project which may exceed the anticipated costs of the Project. Any
increased costs of the Project in excess of the Loan amount shall be the responsibility of, and paid
for, by Borrower from independent sources of funds and not from any additional funding requests
submitted by Borrower to the City. The Loan is a forgivable loan, with 20% of the principal
amount of the Loan forgiven each year, commencing on the sixth (6th) anniversary of the
execution of the Promissory Note, until the tenth (10th) anniversary of the execution of the
Promissory Note at which time the entire amount of the Loan will be forgiven. The loan will
accrue 0% interest, with no payments due on the Loan unless one of the following actions occur
after receipt of the Loan: property sale, transfer of title of the property, the applicant ceases to
occupy the home as their primary residence, or the applicant refinances the property to take cash
out or receive an equity line of credit. Any repayments will be recorded as HOME program
income.
Section 3. Use and Disbursement of Loan Funds; Selection and Performance of
General Contractor.
(a) Borrower covenants that the Loan funds shall be expended solely to defray
the costs of the Project. The Loan proceeds shall be disbursed by the City from time to
time directly to a general contractor selected by Borrower to construct the Project, as
specified below. No portion of the Loan proceeds shall be disbursed to Borrower.
(b) The Loan and the Project shall be administered by Neighborhood
Partnership Housing Services (“NPHS”), a California corporation. NPHS shall assist
Borrower in procuring a licensed and insured general contractor (the “Contractor”) to
construct the Project. The procurement of the Contractor and of the materials required for
the Project shall be conducted in accordance with the public bidding requirements that
would apply if the City procured the Contractor and the materials, in such a manner as to
procure the lowest possible bidders at the lowest possible prices. The lowest responsive
and responsible bidder shall be awarded the contract. NPHS shall also assist Borrower in
ensuring that all permits required for the Project are obtained, periodically inspecting the
progress of work, processing any change orders and invoices, issuing the notice to
proceed, and completing a homeowner satisfaction survey.
(c) City assumes no responsibility to Borrower or to any other person or entity
for the selection or the performance of the Contractor. In selecting the Contractor,
Borrower shall not discriminate on the grounds of race, color, national origin, religion, sex,
age, or physical disability not reasonabl y related to the work to be performed.
(d) Prior to the commencement of any work on the Project, Borrower and
NPHS shall submit for City approval (i) a schedule of performance showing the dates for
the performance of each portion of the Project; (ii) a budget showing the amount to be paid
for each portion of the Project and the total amount to be paid for the entire Project; and
(iii) all permits required for the initial portion of the Project. All work shall be performed
in accordance with the schedule, budget, and permits unless otherwise authorized in
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writing by City.
(e) Work on the Project shall proceed in the following order of priority:
(i) Remediation of Health and Safety Code violations, if any
(ii) Emergency repairs
(iii) Americans with Disabilities Act improvements (i.e., handicapped
accessibility)
(iv) Energy efficiency / weatherization upgrades
(v) General property improvements / repairs
(f) Loan funds shall be disbursed by City to Contractor periodically as work on
each portion of the Project is completed to the satisfaction of City, NPHS, and Borrower.
Borrower and NPHS shall submit to City, for City approval, the following documents as a
condition precedent to the disbursement of Loan funds:
(i) A Notice to Proceed, which upon City approval shall be issued to the
Contractor prior to the commencement of any work.
(ii) Permits, as required for each portion of the Project, prior to the
commencement of any work on that portion.
(iii) Periodic inspection reports and photographs, to be submitted with each
progress payment request for work on the Project. Inspection reports shall
be prepared by NPHS after inspecting the work for completeness and
accuracy.
(iv) Invoices from Contractor, subcontractors if any, and material suppliers for
each item of the work and materials for which Borrower is seeking
payment by City.
(v) A Notice of Completion, with evidence showing recording of the notice
within the time required by law, upon the completion of the entire Project.
If the Project is performed pursuant to more than one contract, a Notice of
Completion, with such evidence of recording, shall be submitted upon the
completion of each such contract.
(vi) Upon the completion of the Project, evidence that warranties were
forwarded to Borrower.
(vii) Completed homeowner satisfaction survey.
(g) Borrower shall be solely responsible for any Project costs for labor or
materials not performed in compliance with the requirements of this Agreement. Borrower
shall defend and hold City harmless from all costs and expenses with respect to all work
performed and materials acquired not in compliance with this Agreement.
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(h) All proceeds of the Loan shall be used on or before one (1) year from and
after the date of this Agreement. Failure or inability of Borrower to so use and apply such
proceeds in furtherance of the Project by such date and in compliance with this Agreement
shall relieve City of any further duty or obligation under this Agreement to provide for any
further disbursements of Loan funds. Any unspent funds at the time the Notice of
Completion or a Notice of Cessation is recorded for the Project shall be returned
immediately by Borrower to City.
Section 4. Duty to Obtain Permits; Role of City. Borrower agrees that Borrower
and Contractor shall have the sole obligation and duty to obtain whatever approvals and
permits may be necessary to be obtained from City prior to the commencement of the
Project, and shall further be solely responsible for obtaining any and all necessary
inspections and surveys related to the Project. Upon the request of Borrower, City shall
provide the service of City staff to assist Borrower in determining the City approvals, if
any, that may be required for the Project. Borrower shall have the duty and obligation to
approve construction plans and designs for all aspects of the Project, and shall be
responsible for ensuring that all work relating to the Project is performed in accordance
with City approved plans and specifications.
Section 5. Maintenance Obligations for Project Improvements; Indemnity and
Insurance.
(a) In consideration of the Loan, Borrower agrees to be solely responsible for
the maintenance, care and replacement of all landscaping materials, trees, irrigation
systems and other similar improvements and all aspects of the building improvements that
constitute the Project. Such maintenance obligation shall extend until the parties to this
Agreement provide otherwise by written agreement, and such obligation shall be
enforceable by City against Borrower. City may obtain such remedies to enforce this
maintenance obligation, including specific performance and damages, as may be awarded
by a court in the event Borrower fails to fulfill any obligations required by this Section.
Borrower agrees to defend, indemnify and hold harmless City from all claims arising from
any matters related to the maintenance obligation of Borrower and the location,
replacement, operation and maintenance of all landscaping materials and irrigation systems
installed within the public right-of-way.
(b) Borrower agrees to defend and protect City, its governing boards,
commissions, agents, officers, employees, and authorized representatives, against all
claims and liability for death, injury, loss and damage resulting from Borrower’s actions in
connection with the Loan and the Project during the construction phase thereof, including,
thereafter, the ongoing maintenance of the landscaping areas, and shall secure and
maintain insurance, and shall require the maintenance of insurance by Contractor and any
subcontractors, as described below. No disbursement of the Loan shall be paid to th e
Contractor until Borrower provides the required policies and/or certificates evidencing the
insurance required by this Agreement to City and the same are approved by City.
(c) Borrower shall maintain, at all times during the term of this Agreement and
while Borrower retains the maintenance obligations for the landscaping, property
insurance on the Property, including full replacement value coverage, insuring the Property
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against fire, flood, and any and all other damage or casualty, with City as a loss payee , and
including general liability coverage. Borrower pay any deductibles and self-insured
retentions under all policies.
(d) During the construction of the Project, Borrower shall require that all
contractors and subcontractors performing work on the Project maintain the following
insurance coverage at all times during the performance of said work:
(i) Comprehensive automobile liability insurance of not less than One
Million Dollars ($1,000,000) combined single limit per occurrence for each vehicle leased
or owned and used in performing work under this Agreement.
(ii) Workers compensation coverage in accordance with California
workers compensation laws for all employees performing work under this Agreement.
(iii) Builder’s risk insurance to be written on an All Risk Completed
Value form, in an aggregate amount equal to 100% of the completed insurable value of the
Project, including materials to be acquired and installed within the public right-of-way.
(iv) Commercial liability insurance, including coverage for personal
injury, death, property damage and contractual liability, with a limit of at least One Million
Dollars ($1,000,000), including products and completed operations coverage. Said
insurance shall be primary insurance with respect to any coverage maintained by City and
the policy shall so provide. If required by City from time to time, the Contractor shall
increase the limits of its liability insurance to reasonable amounts customary for
contractors performing work similar to the work to be performed under this Agreement.
(e) If any of the insurance coverage required under this Agreement is written
on a claims-made basis, such insurance policy shall provide an extended reporting period
continuing through the period of time that Borrower continues to have the obligation to
maintain the improvements.
(f) Each policy of insurance maintained in satisfaction of the above insurance
requirements, except workers compensation, shall be endorsed naming City and its
officers, agents, and employees as additional insureds, and shall provide that, except with
respect to the coverage limits, insurance applies to each named and additional insured as
though a separate policy were issued to each. Each policy shall provide for a waiver of
subrogation as against City and its officers, agents, and employees, and shall provide that
the policy may not be cancelled, terminated or modified, except upon thirty (30) days’
prior written notice to City.
(g) Receipt of evidence of insurance that does not comply with the above
requirements shall not constitute a waiver of the insurance requirements of this Grant
Agreement.
(h) Borrower, the Contractor, and its subcontractors shall immediately obtain
replacement coverage for any insurance policy that is terminated, canceled, non -renewed,
or policy limits of when are exhausted, or upon insolvency of the insurer that issued the
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policy.
(i) All insurance to be obtained and maintained under this Agreement shall be issued
by a company or companies listed in the current “Best’s Key Rating Guide,
Property/Casualty” publication with a minimum Financial Strength Rating of at least A
and a Financial Size Category designation of at least V, and shall be issued by a California
admitted insurance company.
(j) All insurance maintained in satisfaction of the requirements of this Agreement
shall be primary to and not contributing to any other insurance maintained by the City.
(k) Failure to maintain any insurance required by this Grant in effect at all
times shall be an Event of Default by Borrower. City, at its sole option, may exercise any
remedy available to it in connection with such an Event of Default. Additionally, City may
purchase such required insurance coverage and shall be entitled to immediate payment
from Borrower for any premiums and associated costs paid by City for such insurance .
Any election by City not to purchase insurance pursuant to this provision shall not relieve
Borrower of its obligation to maintain and require the maintenance of the insurance
policies coverage required by this Agreement.
Section 6. Term of Agreement; Disposition of Unused Funds. This Agreement
shall remain in effect for ten years following its execution by both parties, unless terminated
sooner as provided for herein. Upon termination of this Agreement, and upon the recording of a
Notice of Completion or Notice of Cessation for the Project, Borrower shall immediately return
any unused Loan funds to City.
Section 7. Occupancy Requirement; Loan Repayment/Acceleration.
(a) The Loan is evidenced by a promissory note (the “Note”) secured by a deed
of trust (the “Deed of Trust”) on the Property. The provisions of the Note and Deed of
Trust are incorporated herein by reference.
(b) As specified in the Note and the Deed of Trust, Borrower agrees to occupy
the Property as Borrower’s principal residence for the term of this Agreement. In
consideration, City agrees that as long as Borrower complies with this occupancy
requirement, the Loan shall be forgiven at a rate of twenty percent of the principal amount
of the loan each year, commencing on the sixth anniversary of the execution of the Note,
with the full amount of the Loan forgiven on the tenth anniversary of the Note. The Loan
accrues 0% interest per annum, with no payments due on the loan unless one of the
following actions occur after receipt of the loan; property sale, transfer of title of the
property, the applicant ceases to occupy the home as their primary residence, or the
applicant refinances the property to take cash out or receive an equity line of credit. Any
repayments will be recorded as HOME program income.
(c) If Borrower at any time transfers all or any part of Borrower’s interest in
the Property, except an easement, the entire Loan balance then outstanding shall, at City’s
option, become immediately due and payable by Borrower to City.
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Section 8. Time of Essence. Time is strictly of the essence with respect to each and
every term, condition, obligation, and provision hereof and failure to timely perform any of the
terms, conditions, obligations, or provisions hereof by either party shall constitute a material
breach of and a default under this Agreement by the party so failing to perform.
Section 9. No Waiver. Failure to exercise any right City may have or be entitled to, in
the event of default by Borrower hereunder, shall not constitute a waiver of such right or any
other right, in the event of a subsequent default by Borrower.
Section 10. Events of Default.
(a) Default. Failure or unexcused delay by either party to perform any material
term or provision of this Agreement shall constitute a default hereunder; provided,
however, that if the party who is otherwise claimed to be in default by the other party
commences to cure, correct, or remedy the alleged default within thirty (30) calendar days
after receipt of written notice specifying such default and diligently pursues such cure,
correction, or remedy to completion, such party shall not be deemed to be in default
hereunder.
(b) Notice of Default. The party claiming that a default has occurred shall give
written notice of default to the party claimed to be in default, specifying the alleged
default. If applicant/contracting party consists of two or more natural persons, that notice
to one person constitutes notice to all persons identified in this agreement. Delay in giving
such notice shall not constitute a waiver of any default nor shall it change the time of
default; provided, however, that the party claiming default shall have no right to exercise
any remedy for a default hereunder without delivering the written default notice as
specified herein.
(c) Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
(d) Breach. In the event that
a default of either party remains uncured for more than thirty (30) calendar days following
written notice, as provided above, a “breach” shall be deemed to have occurred. In the
event of a breach, the party who is not in default shall be entitled to terminate this
Agreement by serving written notice of such termination on the other party. Obligations of
Borrower are joint and several as to each and (e.g.
husband and wife, etc.).
(e) Additional Rights and Remedies of City. Upon a default by Borrower:
(i) City shall be released from any further obligations under this Agreement;
provided, however, that the City shall not be released from its obligation to pay any
amounts previously requested by Borrower for work performed or materials supplied
under this Agreement, to which such default does not apply; and
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(ii) City may seek appropriate legal or equitable relief.
(f) Additional Rights and Remedies of Borrower. Upon a default by the City,
Borrower may institute any proceeding at law or in equity to enforce the obligations of the
City under this Agreement.
(g) Limitation of Remedies. Neither party shall be liable to the other for
consequential or incidental damages.
Section 11. Further Assurances. Borrower shall execute any further documents
consistent with the terms of this Agreement, including documents in recordable form, as City
shall, from time-to-time, deem necessary or appropriate to effectuate its purposes in entering into
this Agreement and making the Loan.
Section 12. Governing Law; Compliance.
(a) This Agreement shall be governed by the laws of the State of California
and, to the extent applicable, by the laws and regulations relating to the HOME Program,
including without limitation those contained in Part 92 of Title 24 of the Code of Federal
Regulations. Borrower agrees to comply with all of said laws and regulations in the use of
the Loan funds.
(b) Borrower further agrees to comply with all ordinances, rules, and
regulations of City for the use and disbursement of the Loan. Nothing in this Agreement is
intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or
regulation or other applicable provisions of state law.
(c) Any legal action brought under this Agreement must be instituted in the
Superior Court for the County of San Bernardino, San Bernardino District, State of
California, or in the Federal District Court in the Central District of California.
(d) Borrower shall retain, for at least five years after the expiration or
termination of this Agreement, all records in the possession of Borrower relating to the
Project or the use of the Loan funds.
(e) Borrower agrees to cooperate fully with City as may be required to respond
to an audit or other investigative activity initiated by any governmental agency including,
without limitation, HUD.
Section 13. Amendment. No modification, rescission, waiver, release, or amendment
of any provision of this Agreement shall be made except by a written agreement executed by
Borrower and City and duly approved by the governing body of City or its designee.
Section 14. No Assignment by Borrower. Borrower may not assign or transfer any
portion of the Loan or this Agreement, without the prior express written consent of City, which
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may be given or withheld at the sole discretion of City.
Section 15. Notices. Any notices, requests, or approvals to be given under this
Agreement from one party to another may be personally delivered, delivered by nationally
recognized overnight delivery service, or deposited with the United States Postal Service for
mailing, postage prepaid, registered or certified mail, return receipt requested, to the following
addresses:
To Borrower:
To City:
City of San Bernardino
Attention: Community and Economic Development
290 North D Street
San Bernardino, CA 92401
Communications delivered personally or by nationally recognized overnight delivery
service shall be effective upon such delivery. Communications sent by United States Mail shall
be effective on the third (3rd) business day following their deposit for mailing with the United
States Postal Service. Either party may change its address for notice by giving written notice
thereof to the other party.
Section 16. Partial Invalidity. If any term or provision or portion of this Agreement or
the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, and the application of such term or provision or
portion thereof to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby and shall be enforced to the fullest extent permitted
by law.
Section 17. No Intent to Create Third Party Beneficiaries. The parties intend that
the rights and obligations under this Agreement shall benefit and burden only the parties hereto,
and do not intend to create any rights in, or right of action to or for the use or benefit of any third
party, including any governmental agency, which is not one of the parties to this Agreement.
Section 18. Entire Agreement. This Agreement is the final expression of, and
contains the entire agreement between the parties with respect to the subject matter hereof and
supersedes all prior understandings with respect thereto. This Agreement may not be modified,
changed, supplemented, or terminated, nor may any obligations hereunder be waived, except by
written instrument signed by the party to be charged or by its agent duly authorized in writing or
as otherwise expressly permitted herein.
Section 19. Construction. Headings at the beginning of each Section are solely for the
convenience of the parties and are not a part of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the masculine shall include
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the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties had prepared the same. Unless otherwise
indicated, all references to Sections are to this Agreement.
Section 20. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall constitute an original and all of which together shall constitute
a single instrument.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written next
to the signatures of their duly authorized representatives, below.
BORROWER
Date: By:_
Date: By:_
CITY
Date: By:_
ATTEST:
By:_
APPROVED AS TO FORM
AND LEGAL CONTENT:
, City Attorney
By: _
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]
]
]
]
Recording requested by and ]
When recorded return to: ]
]
]
City of San Bernardino ]
Community and Economic
Development
290 North D Street ]
San Bernardino, CA 92401 ]
Attn: Director of Community and
Economic Development ]
]
City of San Bernardino
OWNER-OCCUPIED REHABILITATION PROGRAM
DEED OF TRUST
NOTICE TO BORROWER
THIS DEED OF TRUST CONTAINS PROVISIONS
RESTRICTING ASSUMPTIONS
Loan No.
This Deed of Trust is made on by ,
as trustor (the “Borrower”) and the City of San Bernardino, as trustee (the “Trustee”),
whose business address is 290 North D Street, San Bernardino, CA 92401 in favor of the
City of San Bernardino, as beneficiary (“Lender”) whose address is 290 North D Street, San
Bernardino, CA 92401, or Lender’s assignee.
1. BORROWER, IN CONSIDERATION OF THE INDEBTEDNESS HEREIN
RECITED AND THE TRUST HEREIN CREATED, HEREBY
IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee in trust,
with power of sale and right of entry and possession, all of Borrower’s right, title
and interest now held or hereafter acquired in and to the following: (a) all of that
certain real property (the “Property”) located at , San
Bernardino [zip code] in the County of San Bernardino, the State of California,
which is more particularly described in Exhibit A (attached) which is incorporated
herein by this reference; and (b) all buildings, improvements and fixtures now or
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hereafter erected thereon, and all appurtenances, easements, and articles of property
now or hereafter affixed to, placed upon or used in connection with the Property,
together with all additions to, substitutions for, changes in or replacements of the
whole or any part of said articles of property; all of which are hereby pledged and
assigned, transferred, and set over onto Trustee, and for purposes of this Deed of
Trust declared to be part of the realty; provided, however, that furniture and other
personal property of Borrower now or hereafter situated on said real property are
not intended to be included as part of the Property.
2. FOR THE PURPOSE OF SECURING:
2.1. Repayment of the indebtedness evidenced by that certain Promissory Note of
the borrower dated , and
designated as City of San Bernardino Owner Occupied Rehabilitation
Program Loan No. (the “Note”) of the Borrower in the principal
amount of
Dollars
($ . ), and any and all amendments, modifications, extensions or
renewals of the Note. The Note and this Deed of Trust are subject to the
terms, conditions, and restrictions of the United States Department of Housing
and Urban Development (“HUD”) HOME Investment Partnership (“HOME”)
Program as set forth in the implementing guidelines and regulations adopted
by HUD, including without limitation those set forth in Title 24 of the Code
of Federal Regulations, all of which are hereby incorporated by reference.
Concurrently herewith, Lender and Borrower have entered into a loan
agreement (the “Loan Agreement”) setting forth the terms of the loan
secured hereby.
2.2. Payment of such additional sums:
(a) As may hereafter be borrowed from Lender by the then-record
owner of the Property and evidenced by a promissory note or notes
reciting that it or they are so secured and all modifications,
extensions, or renewals of the Note; and
(b) As may be incurred, paid, or advanced by Lender, or as may
otherwise be due to Trustee or Lender, under any provision of this
Deed of Trust and any modification, extension, or renewal of this
Deed of Trust; and
(c) As may otherwise be paid or advanced by Lender to protect the
security or priority of this Deed of Trust.
2.3. Performance of each obligation, covenant, and agreement of Borrower
contained in the Loan Agreement, this Deed of Trust, the Note, or any other
document executed by Borrower in connection with the loan(s) secured by
this Deed of Trust, and all amendments to these documents whether set forth
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in this Deed of Trust or incorporated in this Deed of Trust by reference.
3. BORROWER COVENANTS:
Borrower hereby covenants to maintain and protect the security of this Deed of
Trust, to secure the full and timely performance by Borrower of each and every
obligation, covenant, and agreement of Borrower under the Loan Agreement, the
Note, and this Deed of Trust, and as additional consideration for the obligation(s)
evidenced by the Note, Borrower covenants as follows:
3.1. Title. That Borrower is lawfully seized of the estate hereby
conveyed and has the right to grant and convey the Property, and that
Borrower will warrant and defend generally the title of the Property against
all claims and demands subject to any declarations, easements, or restrictions
listed in the schedule of exemptions to coverage in any title insurance policy
insuring Lender’s interest in the Property.
3.2. Payment. That Borrower shall promptly pay, when due, the
then outstanding balance of the Note, and such other charges as are
provided in the Note, and such other amounts as are provided under this
Deed of Trust.
3.3. Maintenance of the Property. (a) To keep the Property in a
decent, safe, sanitary, tenantable condition and repair and permit no waste
thereof; (b) not to commit or suffer to be done or exist on or about the
Property any condition causing the Property to become less valuable; (c) not
to remove, demolish or structurally alter any buildings and improvements
now or hereinafter located on the Property; (d) to repair, restore or rebuild
promptly any buildings or improvements on the Property that may become
damaged or be destroyed while subject to the lien of this Deed of Trust; (e) to
comply with all applicable laws, ordinances and governmental regulations
affecting the Property or requiring any alteration or improvement thereof, and
not to suffer or permit any violations of any such law, ordinance or
governmental regulation, nor of any covenant, condition or restriction
affecting the Property; (f) not to initiate or acquiesce in any change in any
zoning or other land use or legal classification which affects any of the
Property without the Lender’s written consent; and (g) not to alter the use of
all or any part of the Property without the prior written consent of the Lender.
3.4. Appear and Defend. Borrower shall appear in and defend any
action or proceeding purporting to affect the security hereof or the rights or
powers of the Lender or Trustee; and shall pay all costs and expenses incurred
by Lender or Trustee, including cost of evidence of title and attorney’s fees in
a reasonable sum, in any such action or proceeding in which the Lender or
Trustee may appear,
3.5. Payment of Taxes and Utility Charges. Borrower shall pay:
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at least ten (10) days before delinquency, all taxes and assessments affecting
the Property, including assessments on appurtenant water stock; when due,
all encumbrances, charges and liens, fines and impositions attributable to the
Property, leasehold payments or ground rents, if any, and any interest on the
Property or any part thereof; and all costs, fees and expenses of this Deed of
Trust. Borrower shall make such payments when due, directly to the payee
thereof. Borrower shall promptly furnish to Lender all notices of amounts due
under this section, and Borrower shall promptly furnish to Lender receipts
evidencing all such payments made.
3.6. Insurance. To keep the Property insured with loss payable to
the Lender, against loss or damage by fire, flood, and any and all other
damages, hazards, casualties and contingencies. Insurance policies shall
provide coverage in the amount of the replacement cost of the Property.
Borrower shall deliver the original of all such policies to the Lender, together
with receipts satisfactory to the Lender evidencing payment of the premiums.
All such policies shall provide that the Lender shall be given thirty (30) days
advance written notice of the cancellation, expiration or termination of any
such policy or any material change in the coverage afforded by it. Renewal
policies and any replacement policies, together with premium receipts
satisfactory to the Lender, shall be delivered to the Lender at least thirty (30)
days prior to the expiration of existing policies. Neither Trustee nor the
Lender shall by reason of accepting, rejecting, approving or obtaining
insurance incur any liability for the existence, nonexistence, form or legal
sufficiency of such insurance, or solvency of any insurer for payment of
losses. All insurance proceeds for such losses must be utilized for the repair or
restoration of the insured property.
3.7. Payments and Discharge of Liens.
Borrower will pay, when due, all claims of every kind and nature which might
or could become a lien on the Property or any part thereof; provided,
however, that the following are excepted from this prohibition: (a) liens for
taxes and assessments which are not delinquent but by law are given the status
of a lien, and (b) such of the above claims as are, and only during the time
they are, being contested by Borrower in good faith and by appropriate legal
proceedings. Borrower shall post security for the payment of these contested
claims as may be requested by the Lender. Borrower shall not default in the
payment or performance of any obligation secured by a lien, mortgage or deed
of trust which is superior to this Deed of Trust.
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4. IT IS MUTUALLY AGREED THAT:
4.1. Future Advances. Upon request by Borrower, Lender, at
Lender’s option, may make future advances to Borrower. All such future
advances shall be added to and become a part of the indebtedness secured by
this Deed of Trust when evidenced by promissory note(s) reciting that such
note(s) are secured by this Deed of Trust.
4.2. Disbursements to Protect Lender’s Security. All sums
disbursed by Lender to protect and preserve the Property, this Deed of Trust,
or Lender’s security for the performance of Borrower’s obligations under the
Note shall be and be deemed to be an indebtedness of Borrower to Lender
secured by this Deed of Trust.
4.3. Protection of Lender’s Security. If Borrower fails to
perform the covenants and agreements contained in this Deed of Trust, or if
any action or proceeding is commenced which materially affects Lender’s
interest in the Property, including, but not limited to, eminent domain,
insolvency, code enforcement, arrangements or proceedings involving a
bankrupt or decedent, foreclosure of any mortgage, deed of trust, or other
lien secured by the Property or sale of the Property under a power of sale of
any instrument secured by the Property, then Lender, at Lender’s option,
upon notice to Borrower, may make such appearance, disburse such sums
and take such action as is necessary to protect Lender’s interest, including,
but not limited to, disbursement of reasonable attorney’s fees and entry upon
the Property to make repairs.
Any amounts disbursed by Lender pursuant to this Section 4.3, with interest
thereon, shall become additional indebtedness of Borrower to Lender secured
by this Deed of Trust. Unless Borrower and Lender agree to other terms of
payment, such amounts shall be payable upon notice from Lender to Borrower
requesting payment thereof, and shall bear interest from the date of
disbursement at the highest rate permissible under applicable law. Nothing
contained in this Section 4.3 shall require Lender to incur any expense or take
any action hereunder.
4.4. Inspection. Lender or its agent may make or cause to be
made reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to any such inspection
specifying reasonable cause for the inspection.
4.5. Awards and Damages. All judgments, awards of damages,
settlements and compensation made in connection with or in lieu of (a) taking
of all or any part of or any interest in the Property by or under assertion of the
power of eminent domain, (b) any damage to or destruction of the Property or
any part thereof by insured casualty, or (c) any other injury or damage to all or
any part of the Property, are hereby assigned to and shall be paid to the
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Lender. The Lender is authorized and empowered (but not required) to collect
and receive any such sums and is authorized to apply them in whole or in part
upon any indebtedness or obligation secured hereby, in such order and
manner as the Lender shall determine at its option. The Lender shall be
entitled to settle and adjust all claims under insurance policies provided under
this Deed of Trust and may deduct and retain from the proceeds of such
insurance the amount of all expenses incurred by it in connection with any
such settlement or adjustment. All or any part of the amounts so collected and
recovered by the Lender may be released to Borrower upon such conditions as
the Lender may impose for its disposition. Application of all or any part of the
amounts collected and received by the Lender or the release thereof shall not
cure or waive any default under this Deed of Trust. If the Property is
abandoned by Borrower, or if, after notice by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower
fails to respond to Lender within thirty (30) days after the date such notice is
mailed, Lender is authorized to collect and apply the proceeds, at Lender’s
option, either to restoration or repair of the Property or to the sum secured by
this Deed of Trust.
4.6. Prohibition on Transfers of Interest. If all or any part of the
Property or an interest therein is sold or transferred by Borrower without
Lender’s prior written consent, Lender may, at Lender’s option, declare all the
sums secured by this Deed of Trust to be immediately due and payable. If
Lender exercises such option to accelerate, Lender shall mail Borrower notice
of acceleration in accordance with Section 6.9 hereof. Such notice shall
provide a period of not less than 30 days from the date the notice is mailed
within which Borrower may pay the sums declared due. If Borrower fails to
pay such sums prior to the expiration of such period, Lender may, without
further notice or demand on Borrower, invoke any remedies permitted by
Section 5.2(a) hereof.
4.7. Sale or Forbearance. No sale of the Property,
forbearances on the part of Lender or extension of the time for payment
of the indebtedness hereby secured shall operate to release, discharge,
waive, modify, change or affect the liability of Borrower either in whole
or in part.
4.8. Lender’s Rights to Release. Without affecting the liability of
any person for payment of any indebtedness hereby secured (other than any
person released pursuant hereto), including without limitation any one or
more endorsers or guarantors, and without affecting the lien hereof upon any
of the Property not released pursuant hereto, at any time and from time to
time without notice: (a) Lender may, at its sole discretion, (I) release any
person now or hereafter liable for payment of any or all such indebtedness.
(II) extend the time for or agree to alter the terms of payment of any or all of
such indebtedness, and (III) release or accept additional security for such
indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting
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pursuant to the written request of Lender, may reconvey all or any part of the
Property, consent to the making of any map or plot thereof, join in granting
any assessment thereon, or join in any such agreement of extension or
subordination.
4.9. Reconveyance. Upon payment of all sums secured by
this Security Instrument, Lender shall request Trustee to reconvey the
Property and shall surrender this Deed of Trust and all notes evidencing
indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey
the Property without warranty and without charge to the person or persons
legally entitled thereto. Such person or persons shall pay all costs of
recordation, if any. The recitals in the reconveyance of any matters or facts
shall be conclusive proof of the truthfulness thereof.
4.10. Requirement of Owner-occupancy and Permitted
Transfers. Borrower shall occupy the Property as Borrower’s principal
place of residence during the term of the Note, except as may otherwise be
expressly agreed upon by Lender in writing.
5. EVENTS OF DEFAULT
5.1. Events of Default. Any one or more of the following events
shall constitute a default under this Deed of Trust (a) failure of the Borrower
to pay the indebtedness secured hereby or any installment thereof when and
as the same becomes due and payable, whether at maturity or by acceleration
or otherwise; or (b) failure of Borrower to observe or to perform any covenant
condition or agreement to be observed or performed by Borrower pursuant to
the Note or this Deed of Trust, including but not limited to the provision
requiring occupancy of the Property by Borrower; or (c) the occurrence of
any event which, under the terms of the Note, shall entitle the Lender to
exercise the rights or remedies thereunder; or (d) the occurrence of any event
which, under the terms of any senior note or deed of trust, shall entitle the
Lender to exercise the rights or remedies thereunder.
5.2. Acceleration and Sale.
(a) Acceleration. Upon Borrower’s breach of any covenant or agreement of
Borrower in this Deed of Trust, including the covenants to pay when due any
sums secured by this Deed of Trust, or upon Borrower’s failure to make any
payment or to perform any of its obligations, covenants and agreements
pursuant to the Note, Lender may at Lender’s option mail notice to Borrower
as provided in Section 6.9 hereof specifying: (1) the breach; (2) the action
required to cure such breach; (3) a date, no less than 30 days from the date the
notice is mailed to Borrower, by which such breach must be cured; and (4)
that failure to cure such breach on or before the date specified in the notice
may result in acceleration of the sums secured by this Deed of Trust and sale
of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a court action to assert the
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nonexistence of a default or any other defense of Borrower to acceleration and
sale. If the breach is not cured on or before the date specified in the notice,
Lender at Lender’s option may declare all of the sums secured by this Deed of
Trust to be immediately due and payable without further demand and may
invoke the power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect from the Borrower, or sale proceeds, if any,
all reasonable costs and expenses incurred in pursuing the remedies provided
in this paragraph, except that Lender and Borrower shall each bear their own
attorney fees.
(b) Borrower’s Right to Reinstate. Notwithstanding Lender’s acceleration of
the sums secured by this Deed of Trust, Borrower will have the right to have
any proceedings begun by Lender to enforce this Deed of Trust discontinued
at any time prior to five (5) days before sale of the Property pursuant to the
power of sale contained in this Deed of Trust or at any time prior to entry of
the judgment enforcing this Deed of Trust if: (1) Borrower pays Lender all
sums which would be then due under this Deed of Trust and the Note, had no
acceleration occurred; (2) Borrower pays all reasonable expenses incurred by
Lender and Trustee in enforcing the covenants and agreements of Borrower
contained in this Deed of Trust, except attorney fees; and (3) Borrower takes
such action as Lender may reasonably require to assure that the lien of this
Deed of Trust, Lender’s interest in the Property and Borrower’s obligation to
pay the sums secured by this Deed of Trust will continue unimpaired. Upon
such payment and cure by Borrower, this Deed of Trust and the obligations
secured hereby shall remain in full force and effect as if no acceleration had
occurred.
(c) Sale. After delivery to Trustee of a Notice of Default and Demand for Sale,
and after the expiration of such time and the giving of such notice of default
and sale as may then be required by law, and without demand on Borrower,
Trustee shall sell the Property at the time and place of sale fixed by it in said
notice of sale, at public auction to the highest bidder for cash in lawful money
of the United States of America, payable at time of sale. Trustee may
postpone sale of all or any portion of the Property by public announcement at
such time and place of sale and from time to time thereafter may postpone
such sale by public announcement at the time and place fixed by the
preceding postponement. Any person, including Borrower, Trustee or the
Lender, may purchase at such sale. Upon such sale by Trustee it shall deliver
to such purchaser its deed conveying the Property so sold, but without any
covenant or warranty, express or implied. The recitals in such deed of any
matters or facts shall be conclusive proof of their truthfulness. Upon sale by
Trustee and after deducting all costs, expenses and fees of Trustee and of this
Deed of Trust, Trustee shall apply the proceeds of sale to the payment of the
principal indebtedness hereby secured, whether evidenced by the Note or
otherwise, or representing advances made or costs or expenses paid or
incurred by the Lender under this Deed of Trust, or the secured obligations or
any other instrument evidencing or securing any indebtedness hereby secured,
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and to the payment of all other sums then secured thereby, in such order as
the Lender shall direct; and the remainder, if any, shall be paid to the person
or persons legally entitled thereto.
(d) Assignment of Rents; Appointment of Receiver; Lender in Possession.
Upon acceleration under paragraph (a) of Section 5.2 hereof or abandonment
of the Property, Lender (in person, by agent or by judicially appointed
receiver) shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property (if any) including those past
due. All rents collected by Lender or the receiver shall be applied first to
payment of the costs of management of the Property and collection of rents
including, but not limited to, receiver’s fees, premiums on receiver’s bonds
and reasonable attorney’s fees, and then to the sums secured by this Deed of
Trust. Lender and the receiver shall be liable to account only for those rents
actually received. The provisions of this paragraph and paragraph (a) of
Section 5.2 shall operate subject to the rights of prior lien holders.
5.3. Exercise of Remedies; Delay. No exercise of any right or
remedy by the Lender or Trustee hereunder shall constitute a waiver of any
other right or remedy herein contained or provided by law, and no delay by
the Lender or Trustee in exercising any such right or remedy hereunder shall
operate as a waiver thereof or preclude the exercise thereof during the
continuance of any default hereunder.
5.4. Trustee Substitution. The irrevocable power to appoint a
substitute trustee or trustees hereunder is hereby expressly granted to the
Lender, to be exercised at any time hereafter, without specifying any reason
therefor, by filing for record in the office where this Deed of Trust is
recorded a substitution of trustee, and said power of substitution of trustee or
trustees may be exercised as often as and whenever the Lender deems
advisable. The exercise of said power of substitution of trustee, no matter
how often, shall not be deemed an exhaustion thereof, and upon recording of
such substitution of trustee, the trustee or trustees so appointed shall
thereupon, without further act or deed of conveyance, succeed to and become
fully vested with the same title and estate in and to the Property hereby
conveyed and with all the rights, powers, trusts and duties of the predecessor
in the trust hereunder, with like effect as if originally named as trustee or as
one of the trustees.
5.5. Remedies Cumulative. No remedy herein contained or
conferred upon the Lender or Trustee is intended to be exclusive of any other
remedy or remedies afforded by law or by the terms hereof to the Lender or
Trustee. Each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing
at law or in equity.
6. MISCELLANEOUS PROVISIONS
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6.1. Successors, Assigns, Gender, Number. The covenants
and agreements contained in this Deed of Trust shall bind, and the benefit
and advantages under it shall inure to, the respective heirs, executors,
administrators, successors and assigns of the parties. Wherever used, the
singular number shall include the plural, and the plural the singular, and
the use of any gender shall be applicable to all genders.
6.2. Headings. The headings contained in this Deed of Trust are
inserted only for convenience of reference and in no way define, limit, or
describe the scope or intent of this Deed of Trust, or of any particular
provision thereof, or the proper construction thereof.
6.3. Actions on Behalf of the Lender. Except as otherwise
specifically provided herein, whenever any approval, notice,
direction, consent, request or other action by the Lender is required or
permitted under this Deed of Trust, such action shall be in writing.
6.4. Terms. The word “Lender” means the present Lender,
or any future owner or holder, including pledgee, of the indebtedness
secured hereby.
6.5. Obligations of Borrower. If more than one person has
executed this Deed of Trust as “Borrower,” the obligations of all such
persons hereunder shall be joint and several.
6.6. Incorporation by Reference. The provisions of the
Loan Agreement and the Note are incorporated by reference herein as
though set out verbatim.
6.7. Severability. If any provision of this Deed of Trust shall be
invalid, illegal or unenforceable, the validity, legality and enforceability of
the remaining provisions hereof shall not in any way be affected or impaired.
6.8. Indemnification. Borrower shall indemnify and hold the
Lender, its officers and agents harmless against any and all losses, claims,
demands, penalties and liabilities which the Lender, its officers or agents may
sustain or suffer by reason of anything done or omitted pursuant to or in
connection with this Deed of Trust. Borrower shall not assert any claim
against the Lender, its officers or agents by reason of any action so taken or
omitted. Borrower shall, at Borrower’s expense, defend, indemnify, save and
hold the Lender, its officers and agents harmless from any and all claims,
demands, losses, expenses, damages (general, punitive or otherwise), causes
of action (whether legal or equitable in nature) asserted by any person, firm,
corporation or other entity arising out of this Deed of Trust and Borrower
shall pay the Lender upon demand all claims, judgments, damages, losses or
expenses (including reasonable legal expense) incurred by the Lender as a
result of any legal action arising out of this Deed of Trust.
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6.9. Notice. Except for any notice required under applicable law to
be given in another manner (a) any notice to Borrower provided for in this
Deed of Trust shall be given by mailing such notice by certified mail directed
to the Property address or any other address Borrower designates by notice to
Lender as provided herein; and, (b) any notice to Lender shall be given by
certified mail, return receipt requested, to Lender’s mailing address stated
above herein or to such other address as Lender may designate by notice to
Borrower as provided herein. Any notice provided for in this Deed of Trust
shall deem to have been given to Borrower or Lender when received after
mailing in the manner designated herein.
6.10. Beneficiary Statement. Lender may collect a fee for
furnishing the beneficiary statement in an amount not to exceed the amount
provided for in Section 2943 of the Civil Code of California.
6.11. Use of Property. Borrower shall not permit or suffer the use
of any of the Property for any purpose other than as a single family
residential dwelling.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and
year set forth above. By signing below, Borrower agrees to the terms and conditions as set
forth above.
MAILING ADDRESS FOR NOTICES: SIGNATURE OF
BORROWER(s):
_ _
(Street) (Borrower
Name(s))
San Bernardino CA
(City)(State)(Zip)
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed under the foregoing Deed of Trust from [name of
Trustor] to the City of San Bernardino (“City”), a municipal corporation, as to the following property is
hereby accepted:
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as
follows:
[legal description]
APN:
This acceptance is made by the City Manager of the City on behalf of the City pursuant to authority conferred
by action of the Mayor and City Council by Resolution No. , and the City as grantee consents to
recordation of this Certificate by its duly authorized officer.
CITY OF SAN BERNARDINO
Dated: , 2018 By:
City Manager
ATTEST:
City Clerk
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City of San Bernardino
OWNER-OCCUPIED REHABILITATION PROGRAM
PROMISSORY NOTE
NOTICE TO BORROWER
THIS DOCUMENT CONTAINS PROVISIONS
RESTRICTING ASSUMPTIONS AND IS SECURED
BY
A SECOND DEED OF TRUST ON RESIDENTIAL PROPERTY
Loan No. .
Dated: ___________________
$
[loan amount] [property address]
FOR VALUE RECEIVED, the undersigned, (the “Borrower”)
hereby promises to pay to the order of the City of San Bernardino (“Lender”) at the following
address 290 North D Street, San Bernardino, CA 92401 or at such other place as the holder may
from time to time designate by written notice to Borrower, in lawful money of the United States, the
principal sum of dollars ($ ) which loan shall accrue zero
percent (0%) simple interest per annum. The obligation of the Borrower with respect to this Note is
secured by that certain City of San Bernardino Owner-Occupied Rehabilitation Program Deed of
Trust – Loan No. (the “Deed of Trust”), executed by the Borrower
concurrently herewith.
1. Borrower’s Obligation. This Note evidences the obligation of the Borrower to the Lender
for the repayment of funds received by the Lender under the United States Department of
Housing and Urban Development (“HUD”) HOME Investment Partnership (“HOME”)
Program, which funds will be loaned (the “HOME Loan”) by Lender to Borrower to
finance the rehabilitation of that certain real property (the “Property”) which has the
address of ________________, San Bernardino, California , more fully
described in Exhibit A to the Deed of Trust. Concurrently herewith, Borrower and Lender
have entered into a loan agreement (the “Loan Agreement”) setting forth the terms
of the HOME Loan.
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2. Borrower(s) Acknowledge(s) and Agrees: that the HOME Loan is subject to the terms,
conditions, and restrictions of the HOME Program as set forth in implementing guidelines
and regulations adopted by HUD, including without limitation those set forth in Title 24 of
the Code of Federal Regulations, all of which are hereby incorporated by reference.
Borrower agrees to use the HOME Loan funds exclusively for the rehabilitation of the
Property and agrees that any other use of said funds will constitute a default under this
Note. Borrower represents that Borrower owns the Property in fee simple and agrees to
maintain ownership throughout the term of this Note except as otherwise provided herein.
Borrower agrees throughout the term of this Note to maintain property insurance insuring
the Property against fire, flood, and any and all other damage or casualty, with Lender as a
loss payee.
3. Repayment of Loan; Forgiveness. No periodic payments are required hereunder.
Borrower agrees to pay the unpaid principal balance and accrued interest and any other
amounts due under this Note upon the earlier of:
(a) sale, transfer, lease, or encumbrance, including without limitation refinancing, of all
or any part of Borrower’s interest in the Property without Lender’s prior written
consent; or
(b) Borrower’s failure to occupy the Property as Borrower’s principal place of
residence. Without limiting the generality of the foregoing, any absence from the
Property for a period of ninety (90) days or more days shall be deemed an
abandonment of the Property as the principal residence of Borrower in violation of
the conditions of this subsection.
(c) Provided that neither of the events described above triggering repayment or any
other default under this Note, the Deed of Trust or the Loan Agreement have
occurred prior to the sixth (6th) anniversary of the date of this Note as set forth
above, twenty percent (20%) of the principal amount of the Loan shall be forgiven
as of that date. Thereafter, on each anniversary of the date of this Note, provided
neither of the events triggering repayment or any other default under this Note, the
Deed of Trust or the Loan Agreement have occurred, an additional twenty percent
(20%) of the original principal amount of the Loan shall be forgiven, until the tenth
anniversary of this Note, upon which the entire Loan will be forgiven. Upon such
date, provided repayment of the Loan has not been triggered, the Lender shall return
this Note to Borrower and shall release the Property from the Deed of Trust.
4. Permitted Transfers.
The HOME Loan is not assumable except with the express written consent of the Lender,
in the Lender’s sole discretion.
5. Acceleration of Payment. The entire balance then outstanding of the HOME Loan
shall become immediately due and payable, at the option of the holder and without
demand or notice, upon the occurrence of any of the following events:
(a) In the event of a default under the terms of the Loan Agreement, this Note, or
the Deed of Trust;
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(b) In the event that the Borrower shall cease to occupy the Property as Borrower’s
principal place of residence;
(c) In the event of any sale, transfer, lease, or encumbrance of the Property without
Lender’s prior written consent in violation of Paragraphs 3(b) and 4 of this
Promissory Note; or
(d) In the event that the Borrower shall become a bankruptcy debtor, insolvent, or
subject to a receivership, or shall make an assignment for the benefit of creditors.
6. Effect of Acceleration Clause. Failure of the holder to exercise the option to accelerate
payment as provided in Paragraph 5 of this Note will not constitute waiver of the right to
exercise this option in the event of subsequent cause for acceleration. Failure by Borrower
to occupy the Property as Borrower’s principal place of residence shall be considered an
ongoing event of default under this note.
7. Place and Manner of Payment. All amounts due and payable under this Note are payable
at the principal office of the Lender set forth above, or at such other place or places as the
Lender may designate to the Borrower in writing from time to time.
8. Application of Payments. All payments received on account of this Note shall be applied
to the reduction of principal.
9. Default and Acceleration. All covenants, conditions and agreements contained in the Loan
Agreement and the Deed of Trust are hereby made a part of this Note. The Borrower agrees
that the unpaid balance of the then principal amount of this Note shall, at the option of the
Lender or, if so provided in this Note and the Deed of Trust, automatically become
immediately due and payable upon the failure of the Borrower to make any payment
hereunder as and when due; upon the failure of the Borrower to perform or observe any
other term or provision of this Note; or upon the occurrence of any event (whether termed
default, event of default or similar term) which under the terms of the Loan Agreement or
the Deed of Trust shall entitle the Lender to exercise rights or remedies thereunder. The
material falsity of any representation made by the Borrower in this Note, the Loan
Agreement, or the Deed of Trust shall constitute an event of default under this Note.
10. Notices. Except as may be otherwise specified herein, any approval, notice, direction,
consent, request or other action by the Lender shall be in writing and must be communicated
to the Borrower at the address of the Property, or at such other place or places as the
Borrower shall designate to the Lender in writing, from time to time, for the receipt of
communications from the Lender. Mailed notices shall be deemed delivered and received
five (5) working days after deposit in the United States mail in accordance with this
provision
12. Prepayment Policy: Borrower may prepay this Note at any time without penalty.
13. Governing Law. This Note shall be construed in accordance with and be governed by
the laws of the State of California.
14. Severability. If any provision of this Note shall be invalid, illegal or unenforceable, the
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4
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validity, legality and enforceability of the remaining provisions hereof shall not in any way
be affected or impaired thereby.
15. No Waiver by the Lender. No waiver of any breach, default or failure of condition
under the terms of this Note, the Loan Agreement, or the Deed of Trust shall thereby be
implied from any failure of the Lender to take, or any delay by the Lender in taking,
action with respect to such breach, default or failure or from any previous waiver of any
similar or unrelated breach, default or failure; and a waiver of any term of this Note, the
Loan Agreement, the Deed of Trust, or any of the obligations secured thereby must be
made in writing and shall be limited to the express written terms of such waiver.
16. Successors and Assigns. The promises and agreements herein contained shall bind and
inure to the benefit of, as applicable, the respective heirs, executors, administrators,
successors and assigns of the parties.
Executed as of the date set forth above at , California
City
Borrower
Mailing Address for Notices:
San Bernardino, CA
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CITY OF SAN BERNARDINO
OWNER-OCCUPIED REHABILITATION PROGRAM TRUTH IN
LENDING DISCLOSURES
ANNUAL
PERCENTAGE
RATE
0 %
COST OF CREDIT AS
YEARLY RATE
FINANCE CHARGE
$0.00
DOLLAR AMOUNT
CREDIT WILL COST
AMOUNT FINANCED
$
AMOUNT OF CREDIT
APPROVED
TOTAL OF PAYMENTS
$ 0.00
AMOUNT PAID AFTER
MAKING ALL PAYMENTS
AS SCHEDULED
PAYMENT SCHEDULE
NUMBER OF AMOUNT OF MONTHLY PAYMENTS DUE BEGINNING
PAYMENTS PAYMENTS
N/A N/A Date: N/A
THERE WILL BE A LATE CHARGE OF $ N/A IF PAYMENT IS MORE THAN 10 DAYS LATE.
NOTE: THERE IS ZERO PERCENT (0%) INTEREST PER ANNUM ON THIS LOAN. THE LOAN IS FULLY
DEFERRED AND WILL BE FORGIVEN AFTER 10 YEARS. FINANCE CHARGE, NUMBER OF PAYMENTS, AND
FINAL PAYMENT SCHEDULE ARE ESTIMATES.
I/WE AM/ARE GIVING THE CITY OF SAN BERNARDINO A SECURITY INTEREST IN MY/OUR
PROPERTY LOCATED AT:
SAN BERNARDINO CA
Street Address City State Zip Code
AMOUNT FINANCED $ 0.00
Amount Paid by Owner $ 0.00
Total Credited to Escrow $ 0.00
Account No.
FEES PAID TO OTHERS ON MY BEHALF FROM MY ESCROW ACCOUNT:
1. To for Escrow Fee $
2. To for Loan Package Processing $
3. To for Tax Service $
4. To for Recording Fees $
5. To for Credit Report $
6. To for Contingency on Loan $
7. To for Origination Fee $
8. To for Loan Document Fee $
9. To for Collection Fee $
10. To for Title Report $
11. To for Rehabilitation Work $
12. To for Down Payment Assistance $ 0.00
13. To For Closing $ 0.00
14. To For $
Total $ 0.00
I/WE HEREBY APPROVE THE ABOVE LOAN FEES AND LOAN TERMS.
Applicant Signature Date
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Applicant Signature Date 17.b
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Recording Requested By:
CITY OF SAN BERNARDINO
And When Recorded Mail to:
City of San Bernardino
Attention: Community and Economic Development
290 North D Street, Third Floor
San Bernardino, CA 92401
Request for Notice
Under Section 2924b CIVIL CODE
EXEMPT FROM RECORDING FEES UNDER GOVERNMENT CODE SECTION 27383 AND/OR 6103
In accordance with Civil Code section 2924b, request is hereby made that a copy of any Notice
of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No.
on , in book N/A, page(s) N/A, Official Records
of San Bernardino County, California, and describing land therein as:
That certain property located in the City of San Bernardino, County of San Bernardino, State of
California, more particularly described as:
See Exhibit “A” attached hereto and incorporated herein by this reference.
APN:
Executed by [First & Last Name] as Trustor(s), in which the City of San Bernardino is named
as Beneficiary, and the City of San Bernardino is named as Trustee.
Mailed to: City of San Bernardino
Attention: Community and Economic Development
290 North D Street, Third Floor
San Bernardino, CA 92401
NOTICE: A copy of any notice of default and any notice of sale will be sent only to the
address contained in this recorded request. If your address changes, a new request
must be recorded.
Dated:
Michael Huntley,
Director
City of San Bernardino
Department of Community and Economic Development
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ACKNOWLEDGMENT
State of
California County of San
Bernardino
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) w hose name(s)
is/are subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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EXHIBIT “A”
LOT OF TRACT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK OF
MAPS, PAGES TO INCLUSIVE, RECORDS OF SAID COUNTY [AMENDED PER
CERTIFICATION OF CORRECTION RECORDED AS INSTRUMENT NUMBER
, OFFICIAL RECORDS, AND BY CERTIFICATE OF CORRECTION
RECORDED AS INSTRUMENT NUMBER , OFFICIAL RECORDS]
APN:
San Bernardino, CA 92
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NOTICE OF RIGHT TO CANCEL
Owner-Occupied Residential Rehabilitation Loan #
[street address], San Bernardino, CA. 92405
Your Right to Cancel
You are entering into a transaction that will result in a security interest in your home. You have a legal right under federa l law to
cancel this transaction, without cost, within three business days from whichever of the following events occurs last:
a) the date of the transaction, which is ; or
(Date)
b) the date you received your Truth in Lending Disclosures; or
c) the date you received this notice of your right to cancel.
If you cancel the transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must
take the steps necessary to reflect the fact that the security interest in your home has been cancelled, and we must return t o you any
money or property you have given to us or to anyone else in connection with this transaction.
You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer t o
return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may
offer to return the property at your home or at the location of the property. Money must be returned to the address below. I f we do
not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation.
How to Cancel
If you decide to cancel the transaction, you may do so by notifying us in writing, at
City of San Bernardino
290 North D Street, San Bernardino, CA 92401
Attn: Director of Community and Economic
Development
You may use any written statement that is signed and dated by you that states your intention to cancel, or you may use this notice by
dating and signing below. Keep one copy of this notice because it contains important information about your rights.
If you cancel by mail or telegram, you must send the notice no later than midnight of
(Date)
(or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice
to cancel some other way, it must be delivered to the above address no later than that time.
I WISH TO CANCEL
(Consumer’s Signature) (Date)
ACKNOWLEDGEMENT OF RECEIPT OF TWO COPIES OF NOTICE
Each of the undersigned hereby acknowledges receipt of two completed copies of the Notice above.
[name(s)] [date]
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Neighborhood Partnership
Housing Services City of San Bernardino
City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM
ACCEPTANCE AND APPROVAL
OF COMPLETED WORK
Site Address: Address
San Bernardino, CA 9####
Owner: Name
By signing in the space provided below, the Contractor, Homeowner, and Neighborhood
Partnership Housing Services, Inc. verify that the work is complete, approved and accepted by all
parties. Furthermore, all work has been completed according to the specifications in the approved
Project Cost Estimate/Bid and are in compliance with Health and Safety Code, Building Code,
other State or local codes, and HQS. City Representative’s signature authorizes payment from
NPHS to the Contractor.
ATTACH COPIES OF PERMITS AND INSPECTION RECORDS (if Applicable)
Amount: $ Amount Permit #: PMT Number
_ _
Contractor: Date
_ _
Owner: Date
_ _
Approved by NPHS Representative Date
_ _
Approved by City Representative Date
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Attachment “C” to Master Agreement
Total Budget
Total Project Cost
a. Rehabilitation Costs : $405,000
b. Administrative Reimbursement (10%) : $45,000 (per Section 2.3)
Total: $450,000
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Attachment “D” to Master Agreement
Statement of Work
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Attachment “E” to Master Agreement
Schedule of Work
Number of Applications Accepted a Month Average 4 to 5 applications /month
Number of Applications Processed a Month Average of 1 to 2 per/month
Number of Homes to begin Rehabilitation a
Month
Average of 1 to 2 homes /month
Number of Homes to be Completed a Month Average 1 per/month
Number of Homes to be Completed in Total (for
$450K funding round)
$450K x 10% = 45K Admin Service
$405K in Loans / $40,000 loan amount = 10
Applicants
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Attachment “F” to Master Agreement
Form of OORP Loan Agreement
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CITY OF SAN BERNARDINO
OWNER OCCUPIED REHABILITATIONLOAN AGREEMENT
THIS OWNER OCCUPIED REHABILITATION LOAN AGREEMENT (this
“Agreement”) is made this _______ day of , 20__ by and between the City of San
Bernardino, a charter city organized under the laws of the State of California, with an address
of 290 North D Street, San Bernardino, CA (“City”) and , an individual
(“Borrower”).
RECITALS
WHEREAS, Borrower owns and lives in a single-family residence located
at__________ within the City (the “Property”); and
WHEREAS, City receives funding under the United States Department of Housing
and Urban Development (“HUD”) HOME Investment Partnership (“HOME”) Program,
which is eligible to be used for the improvement and rehabilitation of residential property
within the City; and
WHEREAS, City has adopted an Owner Occupied Rehabilitation Program in order to
provide loans of said HOME funds to certain owners of eligible residential property to
construct improvements to and rehabilitate their properties; and,
WHEREAS, Borrower proposes to make improvements to and rehabilitate the Property
(the “Project”), and such improvements and rehabilitation will, in furtherance of the City’s
objectives for the Owner Occupied Rehabilitation Program, improve the appearance of the
City, assist in the elimination of physical and economic blight in the City, and stimulate
private investment; and,
WHEREAS, City desires to provide HOME funding to Borrower for the Project; and
WHEREAS, in furtherance of the foregoing, City and Borrower desire to enter into this
Agreement to set forth the terms and conditions of the funding and construction of the Project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGE D, CITY
AND BORROWER HEREBY AGREE AS FOLLOWS:
Section 1. Recitals. The Recitals of this Agreement are true and correct and are
incorporated herein by this reference. The information and facts set forth in the Recitals are
material to this Agreement.
Section 2. City Loan. City shall provide Borrower with the sum of $___ in
HOME funds as a loan (the “Loan”) for certain construction work and materials for the
furtherance of the Project by Borrower, subject to the conditions and restrictions set forth in
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this Agreement. The Loan shall not be increased under any circumstances, notwithstanding
any increased costs for materials, supplies, or labor costs, or cost overruns of any nature with
respect to the implementation of the Project which may exceed the anticipated costs of the
Project. Any increased costs of the Project in excess of the Loan amount shall be the
responsibility of, and paid for, by Borrower from independent sources of funds and not from
any additional funding requests submitted by Borrower to the City. Loans are all forgivable
loans, with the principal amount of the Loan being forgiven at a rate of 20% per year,
commencing on the sixth (6th) anniversary of the execution of the Promissory Note for the
Loan, until the tenth (10th) anniversary, at which point the entire principal amount of the Loan
will be forgiven. The Loan will accrue interest at 0% interest, with no payments due on the
Loan unless one of the following actions occur after receipt of the Loan; property sale, transfer
of title of the property, the applicant ceases to occupy the home as their primary residence, or
the applicant refinances the property to take cash out or receive an equity line of credit. Any
repayments will be recorded as HOME program income.
Section 3. Use and Disbursement of Loan Funds; Selection and Performance
of General Contractor.
(i) Borrower covenants that the Loan funds shall be expended solely to
defray the costs of the Project. The Loan proceeds shall be disbursed by the City from
time to time directly to a general contractor selected by Borrower to construct the
Project, as specified below. No portion of the Loan proceeds shall be disbursed to
Borrower.
(j) The Loan and the Project shall be administered by Neighborhood
Partnership Housing Services (“NPHS”), a California corporation. NPHS shall assist
Borrower in procuring a licensed and insured general contractor (the “Contractor”) to
construct the Project. The procurement of the Contractor and of the materials required
for the Project shall be conducted in accordance with the public bidding requirements
that would apply if the City procured the Contractor and the materials, in such a manner
as to procure the lowest possible bidders at the lowest possible prices. The lowest
responsive and responsible bidder shall be awarded the contract. NPHS shall also assist
Borrower in ensuring that all permits required for the Project are obtained, periodically
inspecting the progress of work, processing any change orders and invoices, issuing the
notice to proceed, and completing a homeowner satisfaction survey.
(k) City assumes no responsibility to Borrower or to any other person or
entity for the selection or the performance of the Contractor. In selecting the Contractor,
Borrower shall not discriminate on the grounds of race, color, national origin, religion,
sex, age, or physical disability not reasonably related to the work to be performed.
(l) Prior to the commencement of any work on the Project, Borrower and
NPHS shall submit for City approval (i) a schedule of performance showing the dates
for the performance of each portion of the Project; (ii) a budget showing the amount to
be paid for each portion of the Project and the total amount to be paid for the entire
Project; and (iii) all permits required for the initial portion of the Project. All work shall
be performed in accordance with the schedule, budget, and permits unless otherwise
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authorized in writing by City.
(m) Work on the Project shall proceed in the following order of priority:
(i) Remediation of Health and Safety Code violations, if any
(ii) Emergency repairs
(iii) Americans with Disabilities Act improvements (i.e., handicapped
accessibility)
(iv) Energy efficiency / weatherization upgrades
(v) General property improvements / repairs
(n) Loan funds shall be disbursed by City to Contractor periodically as work
on each portion of the Project is completed to the satisfaction of City, NPHS, and
Borrower. Borrower and NPHS shall submit to City, for City approval, the following
documents as a condition precedent to the disbursement of Loan funds:
(i) A Notice to Proceed, which upon City approval shall be issued to the
Contractor prior to the commencement of any work.
(ii) Permits, as required for each portion of the Project, prior to the
commencement of any work on that portion.
(iii) Periodic inspection reports and photographs, to be submitted with each
progress payment request for work on the Project. Inspection reports shall be prepared by NPHS
after inspecting the work for completeness and accuracy.
(iv) Invoices from Contractor, subcontractors if any, and material suppliers for
each item of the work and materials for which Borrower is seeking payment by City.
(v) A Notice of Completion, with evidence showing recording of the notice
within the time required by law, upon the completion of the entire Project. If the Project is
performed pursuant to more than one contract, a Notice of Completion, with such evidence of
recording, shall be submitted upon the completion of each such contract.
(vi) Upon the completion of the Project, evidence that warranties were
forwarded to Borrower.
(vii) Completed homeowner satisfaction survey.
(o) Borrower shall be solely responsible for any Project costs for labor or
materials not performed in compliance with the requirements of this Agreement.
Borrower shall defend and hold City harmless from all costs and expenses with respect
to all work performed and materials acquired not in compliance with this Agreement.
(p) All proceeds of the Loan shall be used on or before one (1) year from and
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after the date of this Agreement. Failure or inability of Borrower to so use and ap ply
such proceeds in furtherance of the Project by such date and in compliance with this
Agreement shall relieve City of any further duty or obligation under this Agreement to
provide for any further disbursements of Loan funds. Any unspent funds at the ti me the
Notice of Completion or a Notice of Cessation is recorded for the Project shall be
returned immediately by Borrower to City.
Section 4. Duty to Obtain Permits; Role of City. Borrower agrees that Borrower
and Contractor shall have the sole obligation and duty to obtain whatever approvals and
permits may be necessary to be obtained from City prior to the commencement of the Project,
and shall further be solely responsible for obtaining any and all necessary inspections and
surveys related to the Project. Upon the request of Borrower, City shall provide the service of
City staff to assist Borrower in determining the City approvals, if any, that may be required for
the Project. Borrower shall have the duty and obligation to approve construction plans and
designs for all aspects of the Project, and shall be responsible for ensuring that all work
relating to the Project is performed in accordance with City approved plans and specifications.
Section 5. Maintenance Obligations for Project Improvements; Indemnity
and Insurance.
(l) In consideration of the Loan, Borrower agrees to be solely responsible
for the maintenance, care and replacement of all landscaping materials, trees, irrigation
systems and other similar improvements and all aspects of the building improvements
that constitute the Project. Such maintenance obligation shall extend until the parties to
this Agreement provide otherwise by written agreement, and such obligation shall be
enforceable by City against Borrower. City may obtain such remedies to en force this
maintenance obligation, including specific performance and damages, as may be
awarded by a court in the event Borrower fails to fulfill any obligations required by this
Section. Borrower agrees to defend, indemnify and hold harmless City from all claims
arising from any matters related to the maintenance obligation of Borrower and the
location, replacement, operation and maintenance of all landscaping materials and
irrigation systems installed within the public right-of-way.
(m) Borrower agrees to defend and protect City, its governing boards,
commissions, agents, officers, employees, and authorized representatives, against all
claims and liability for death, injury, loss and damage resulting from Borrower’s actions
in connection with the Loan and the Project during the construction phase thereof,
including, thereafter, the ongoing maintenance of the landscaping areas, and shall secure
and maintain insurance, and shall require the maintenance of insurance by Contractor
and any subcontractors, as described below. No disbursement of the Loan shall be paid
to the Contractor until Borrower provides the required policies and/or certificates
evidencing the insurance required by this Agreement to City and the same are approved
by City.
(n) Borrower shall maintain, at all times during the term of this Agreement
and while Borrower retains the maintenance obligations for the landscaping, property
insurance on the Property, including full replacement value coverage, insuring the
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Property against fire, flood, and any and all other damage or casualty, with City as a loss
payee, and including general liability coverage. Borrower pay any deductibles and self-
insured retentions under all policies.
(o) During the construction of the Project, Borrower shall require that all
contractors and subcontractors performing work on the Project maintain the following
insurance coverage at all times during the performance of said work:
(i) Comprehensive automobile liability insurance of not less than One Million
Dollars ($1,000,000) combined single limit per occurrence for each vehicle leased or owned and
used in performing work under this Agreement.
(ii) Workers compensation coverage in accordance with California workers
compensation laws for all employees performing work under this Agreement.
(iii) Builder’s risk insurance to be written on an All Risk Completed Value
form, in an aggregate amount equal to 100% of the completed insurable value of the Project,
including materials to be acquired and installed within the public right-of-way.
(iv) Commercial liability insurance, including coverage for personal injury,
death, property damage and contractual liability, with a limit of at least One Million Dollars
($1,000,000), including products and completed operations coverage. Said insurance shall be
primary insurance with respect to any coverage maintained by City and the policy shall so
provide. If required by City from time to time, the Contractor shall increase the limits of its
liability insurance to reasonable amounts customary for contractors performing work similar to
the work to be performed under this Agreement.
(p) If any of the insurance coverage required under this Agreement is written
on a claims-made basis, such insurance policy shall provide an extended reporting
period continuing through the period of time that Borrower continues to have the
obligation to maintain the improvements.
(q) Each policy of insurance maintained in satisfaction of the above
insurance requirements, except workers compensation, shall be endorsed naming City
and its officers, agents, and employees as additional insureds, and shall provide that,
except with respect to the coverage limits, insurance applies to each named and
additional insured as though a separate policy were issued to each. Each policy shall
provide for a waiver of subrogation as against City and its officers, agents, and
employees, and shall provide that the policy may not be cancelled, terminated or
modified, except upon thirty (30) days’ prior written notice to City.
(r) Receipt of evidence of insurance that does not comply with the above
requirements shall not constitute a waiver of the insurance requirements of this Grant
Agreement.
(s) Borrower, the Contractor, and its subcontractors shall immediately obtain
replacement coverage for any insurance policy that is terminated, canceled, non-
renewed, or policy limits of when are exhausted, or upon insolvency of the insurer that
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issued the policy.
(t) All insurance to be obtained and maintained under this Agreement shall be
issued by a company or companies listed in the current “Best’s Key Rating Guide,
Property/Casualty” publication with a minimum Financial Strength Rating of at least A
and a Financial Size Category designation of at least V, and shall be issued by a
California admitted insurance company.
(u) All insurance maintained in satisfaction of the requirements of this
Agreement shall be primary to and not contributing to any other insurance maintained
by the City.
(v) Failure to maintain any insurance required by this Grant in effect at all
times shall be an Event of Default by Borrower. City, at its sole option, may exercise
any remedy available to it in connection with such an Event of Default. Additionally,
City may purchase such required insurance coverage and shall be entitled to immediate
payment from Borrower for any premiums and associated costs paid by City for such
insurance. Any election by City not to purchase insurance pursuant to this provision
shall not relieve Borrower of its obligation to maintain and require the maintenance of
the insurance policies coverage required by this Agreement.
Section 6. Term of Agreement; Disposition of Unused Funds. This Agreement
shall remain in effect for ten years following its execution by both parties, unless terminated
sooner as provided for herein. Upon termination of this Agreement, and upon the recording of
a Notice of Completion or Notice of Cessation for the Project, Borrower shall immediately
return any unused Loan funds to City.
Section 7. Occupancy Requirement; Loan Repayment/Acceleration.
(d) The Loan is evidenced by a promissory note (the “Note”) secured by a deed of
trust (the “Deed of Trust”) on the Property. The provisions of the Note and Deed of Trust are
incorporated herein by reference.
(e) As specified in the Note and the Deed of Trust, Borrower agrees to occupy the
Property as Borrower’s principal residence for the term of this Agreement. In consideration,
City agrees that as long as Borrower complies with this occupancy requirement, the Loan shall
be forgiven at the end of the term of this Loan. The Loan shall be forgiven at a rate of 20% of
the principal amount of the Loan per year commencing on the sixth (6th) anniversary of the
execution of the Promissory Note for the Loan, until the tenth (10th) anniversary of the Loan,
at which point the entire loan will be forgiven. The Loan shall accrue 0% interest per annum,
with no payments due on the loan unless one of the following actions occur after receipt of the
loan; property sale, transfer of title of the property, the applicant ceases to occupy the home as
their primary residence, or the applicant refinances the property to take cash out or receive an
equity line of credit. Any repayments will be recorded as HOME program income.
(f) If Borrower at any time transfers all or any part of Borrower’s interest in the
Property, except an easement, the entire Loan balance then outstanding shall become
immediately due and payable by Borrower to City.
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Section 8. Time of Essence. Time is strictly of the essence with respect to each and
every term, condition, obligation, and provision hereof and failure to timely perform any of
the terms, conditions, obligations, or provisions hereof by either party shall constitute a
material breach of and a default under this Agreement by the party so failing to perform.
Section 9. No Waiver. Failure to exercise any right City may have or be entitled to,
in the event of default by Borrower hereunder, shall not constitute a waiver of such right or
any other right, in the event of a subsequent default by Borrower.
Section 10. Events of Default.
(a) Default. Failure or unexcused delay by either party to perform any material term
or provision of this Agreement shall constitute a default hereunder; provided, however, that if
the party who is otherwise claimed to be in default by the other party commences to cure,
correct, or remedy the alleged default within thirty (30) calendar days after receipt of written
notice specifying such default and diligently pursues such cure, correction, or remedy to
completion, such party shall not be deemed to be in default hereunder.
(b) Notice of Default. The party claiming that a default has occurred shall give
written notice of default to the party claimed to be in default, specifying the alleged default. If
applicant/contracting party consists of two or more natural persons, that notice to one person
constitutes notice to all persons identified in this agreement. Delay in giving such notice shall
not constitute a waiver of any default nor shall it change the time of default; provided, however,
that the party claiming default shall have no right to exercise any remedy for a default
hereunder without delivering the written default notice as specified herein.
(c) Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative
and the exercise by either party of one or more of such rights or remedies shall not preclude the
exercise by it, at the same or different times, of any other rights or remedies for the same
default or any other default by the other party.
(d) Breach. In the event that a default of either party remains uncured for more than
thirty (30) calendar days following written notice, as provided above, a “breach” shall be
deemed to have occurred. In the event of a breach, the party who is not in default shall be
entitled to terminate this Agreement by serving written notice of such termination on the other
party. Obligations of Borrower are joint and several as to each and (e.g. husband and
wife, etc.).
(a) Additional Rights and Remedies of City. Upon a default by Borrower:
(i) City shall be released from any further obligations under this
Agreement; provided, however, that the City shall not be released from its obligation to pay
any amounts previously requested by Borrower for work performed or materials supplied
under this Agreement, to which such default does not apply; and
(ii) City may seek appropriate legal or equitable relief.
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(b) Additional Rights and Remedies of Borrower. Upon a default by the City,
Borrower may institute any proceeding at law or in equity to enforce the obligations of the
City under this Agreement.
(c) Limitation of Remedies. Neither party shall be liable to the other for
consequential or incidental damages.
Section 11. Further Assurances. Borrower shall execute any further documents
consistent with the terms of this Agreement, including documents in recordable form, as City
shall, from time-to-time, deem necessary or appropriate to effectuate its purposes in entering
into this Agreement and making the Loan.
Section 12. Governing Law; Compliance.
(f) This Agreement shall be governed by the laws of the State of California and, to
the extent applicable, by the laws and regulations relating to the HOME Program, including
without limitation those contained in Part 92 of Title 24 of the Code of Federal Regulations.
Borrower agrees to comply with all of said laws and regulations in the use of the Loan funds.
(g) Borrower further agrees to comply with all ordinances, rules, and regulations of
City for the use and disbursement of the Loan. Nothing in this Agreement is intended to be,
nor shall it be deemed to be, a waiver of any City ordinance, rule, or regulation or other
applicable provisions of state law.
(h) Any legal action brought under this Agreement must be instituted in the
Superior Court for the County of San Bernardino, San Bernardino District, State of California,
or in the Federal District Court in the Central District of California.
(i) Borrower shall retain, for at least five years after the expiration or termination
of this Agreement, all records in the possession of Borrower relating to the Project or the use
of the Loan funds.
(j) Borrower agrees to cooperate fully with City as may be required to respond to
an audit or other investigative activity initiated by any governmental agency includin g,
without limitation, HUD.
Section 13. Amendment. No modification, rescission, waiver, release, or
amendment of any provision of this Agreement shall be made except by a written agreement
executed by Borrower and City and duly approved by the governing b ody of City or its
designee.
Section 14. No Assignment by Borrower. Borrower may not assign or transfer any
portion of the Loan or this Agreement, without the prior express written consent of City,
which may be given or withheld at the sole discretion of City.
Section 15. Notices. Any notices, requests, or approvals to be given under this
Agreement from one party to another may be personally delivered, delivered by nationally
recognized overnight delivery service, or deposited with the United States Postal Service for
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mailing, postage prepaid, registered or certified mail, return receipt requested, to the following
addresses:
To Borrower:
To City:
City of San Bernardino
Attention: Community and Economic Development
290 North D Street
San Bernardino, CA 92401
Communications delivered personally or by nationally recognized overnight delivery
service shall be effective upon such delivery. Communications sent by United States Mail
shall be effective on the third (3rd) business day following their deposit for mailing with the
United States Postal Service. Either party may change its address for notice by giving written
notice thereof to the other party.
Section 16. Partial Invalidity. If any term or provision or portion of this Agreement
or the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, and the application of such term or provision
or portion thereof to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby and shall be enforced to the fullest extent
permitted by law.
Section 17. No Intent to Create Third Party Beneficiaries. The parties intend that
the rights and obligations under this Agreement shall benefit and burden only the parties
hereto, and do not intend to create any rights in, or right of action to or for the use or benefit of
any third party, including any governmental agency, which is not one of the parties to this
Agreement.
Section 18. Entire Agreement. This Agreement is the final expression of, and
contains the entire agreement between the parties with respect to the subject matter hereof and
supersedes all prior understandings with respect thereto. This Agreement may not be modified,
changed, supplemented, or terminated, nor may any obligations hereunder be waived, except
by written instrument signed by the party to be charged or by its agent duly authorized in
writing or as otherwise expressly permitted herein.
Section 19. Construction. Headings at the beginning of each Section are solely for
the convenience of the parties and are not a part of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the masculine shall include
the feminine and vice versa. This Agreement shall not be construed as if it had been prepared
by one of the parties, but rather as if both parties had prepared the same. Unless otherwise
indicated, all references to Sections are to this Agreement.
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Section 20. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall constitute an original and all of which together shall
constitute a single instrument.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates
written next to the signatures of their duly authorized representatives, below.
BORROWER
Date: By:
Date: By:
CITY
Date: By:
ATTEST:
By:
APPROVED AS TO
FORM AND LEGAL
CONTENT:
_________________, City Attorney
By:
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Attachment “G” to Master Agreement
Form of Deed of Trust
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]
]
]
]
Recording requested by and ]
When recorded return to: ]
]
]
City of San Bernardino ]
Community and Economic Development ]
290 North D Street ]
San Bernardino, CA 92401] ]
]
Attn: Director of Community and Economic
Development ]
]
City of San Bernardino
OWNER-OCCUPIED REHABILITATION PROGRAM
DEED OF TRUST
NOTICE TO BORROWER
THIS DEED OF TRUST CONTAINS PROVISIONS
RESTRICTING ASSUMPTIONS
Loan No.
This Deed of Trust is made on by , as
trustor (the “Borrower”) and the City of San Bernardino, as trustee (the “Trustee”), whose business address is
290 North D Street, San Bernardino, CA 92401 in favor of the City of San Bernardino, as beneficiary
(“Lender”) whose address is 290 North D Street, San Bernardino, CA 92401, or Lender’s assignee.
7. BORROWER, IN CONSIDERATION OF THE INDEBTEDNESS HEREIN RECITED
AND THE TRUST HEREIN CREATED, HEREBY IRREVOCABLY GRANTS, TRANSFERS AND
ASSIGNS to Trustee in trust, with power of sale and right of entry and possession, all of Borrower’s right,
title and interest now held or hereafter acquired in and to the following: (a) all of that certain real property
(the “Property”) located at , San Bernardino [zip code] in the County of San Bernardino, the State of
California, which is more particularly described in Exhibit A (attached) which is incorporated herein by this
reference; and (b) all buildings, improvements and fixtures now or hereafter erected thereon, and all
appurtenances, easements, and articles of property now or hereafter affixed to, placed upon or used in
connection with the Property, together with all additions to, substitutions for, changes in or replacements of
the whole or any part of said articles of property; all of which are hereby pledged and assigned, transferred,
and set over onto Trustee, and for purposes of this Deed of Trust declared to be part of the realty; provided,
however, that furniture and other personal property of Borrower now or hereafter situated on said real
property are not intended to be included as part of the Property.
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8. FOR THE PURPOSE OF SECURING:
8.1. Repayment of the indebtedness evidenced by that certain
Promissory Note of the Borrower dated , and designated as
City of San Bernardino Owner Occupied Rehabilitation Program Loan No. (the “Note”)
of the Borrower in the principal amount of Dollars
($ . ), and any and all amendments, modifications, extensions or renewals of the Note. The Note
and this Deed of Trust are subject to the terms, conditions, and restrictions of the United States Department of
Housing and Urban Development (“HUD”) HOME Investment Partnership (“HOME”) Program as set forth in
the implementing guidelines and regulations adopted by HUD, including without limitation those set forth in
Title 24 of the Code of Federal Regulations, all of which are hereby incorporated by reference.
Concurrently herewith, Lender and Borrower have entered into a loan agreement (the “Loan Agreement”)
setting forth the terms of the loan secured hereby.
8.2. Payment of such additional sums:
(a) As may hereafter be borrowed from Lender by the then-record owner of the
Property and evidenced by a promissory note or notes reciting that it or they are so
secured and all modifications, extensions, or renewals of the Note; and
(b) As may be incurred, paid, or advanced by Lender, or as may otherwise be due to
Trustee or Lender, under any provision of this Deed of Trust and any modification,
extension, or renewal of this Deed of Trust; and
(c) As may otherwise be paid or advanced by Lender to protect the security or
priority of this Deed of Trust.
8.3. Performance of each obligation, covenant, and agreement of Borrower contained
in the Loan Agreement, this Deed of Trust, the Note, or any other document executed by
Borrower in connection with the loan(s) secured by this Deed of Trust, and all amendments to
these documents whether set forth in this Deed of Trust or incorporated in this Deed of Trust
by reference.
9. BORROWER COVENANTS:
Borrower hereby covenants to maintain and protect the security of this Deed of Trust, to secure the full and
timely performance by Borrower of each and every obligation, covenant, and agreement of Borrower under
the Loan Agreement, the Note, and this Deed of Trust, and as additional consideration for the obligation(s)
evidenced by the Note, Borrower covenants as follows:
9.1. Title. That Borrower is lawfully seized of the estate hereby conveyed and has
the right to grant and convey the Property, and that Borrower will warrant and defend
generally the title of the Property against all claims and demands subject to any declarations,
easements, or restrictions listed in the schedule of exemptions to coverage in any title
insurance policy insuring Lender’s interest in the Property.
9.2. Payment. That Borrower shall promptly pay, when due, the then outstanding
balance of the Note, and such other charges as are provided in the Note, and such other
amounts as are provided under this Deed of Trust.
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9.3. Maintenance of the Property. (a) To keep the Property in a decent, safe,
sanitary, tenantable condition and repair and permit no waste thereof; (b) not to commit or
suffer to be done or exist on or about the Property any condition causing the Property to
become less valuable; (c) not to remove, demolish or structurally alter any buildings and
improvements now or hereinafter located on the Property; (d) to repair, restore or rebuild
promptly any buildings or improvements on the Property that may become damaged or be
destroyed while subject to the lien of this Deed of Trust; (e) to comply with all applicable
laws, ordinances and governmental regulations affecting the Property or requiring any
alteration or improvement thereof, and not to suffer or permit any violations of any such law,
ordinance or governmental regulation, nor of any covenant, condition or restriction affecting
the Property; (f) not to initiate or acquiesce in any change in any zoning or other land use or
legal classification which affects any of the Property without the Lender’s written consent; and
(g) not to alter the use of all or any part of the Property without the prior written consent of the
Lender.
9.4. Appear and Defend. Borrower shall appear in and defend any action or
proceeding purporting to affect the security hereof or the rights or powers of the Lender or
Trustee; and shall pay all costs and expenses incurred by Lender or Trustee, including cost of
evidence of title and attorney’s fees in a reasonable sum, in any such action or proceeding in
which the Lender or Trustee may appear,
9.5. Payment of Taxes and Utility Charges. Borrower shall pay: at least ten (10)
days before delinquency, all taxes and assessments affecting the Property, including
assessments on appurtenant water stock; when due, all encumbrances, charges and liens, fines
and impositions attributable to the Property, leasehold payments or ground rents, if any, and
any interest on the Property or any part thereof; and all costs, fees and expenses of this Deed
of Trust. Borrower shall make such payments when due, directly to the payee thereof.
Borrower shall promptly furnish to Lender all notices of amounts due under this section, and
Borrower shall promptly furnish to Lender receipts evidencing all such payments made.
9.6. Insurance. To keep the Property insured with loss payable to the Lender, against
loss or damage by fire, flood, and any and all other damages, hazards, casualties and
contingencies. Insurance policies shall provide coverage in the amount of the replacement cost
of the Property. Borrower shall deliver the original of all such policies to the Lender, together
with receipts satisfactory to the Lender evidencing payment of the premiums. All such policies
shall provide that the Lender shall be given thirty (30) days advance written notice of the
cancellation, expiration or termination of an y such policy or any material change in the
coverage afforded by it. Renewal policies and any replacement policies, together with premium
receipts satisfactory to the Lender, shall be delivered to the Lender at least thirty (30) days
prior to the expiration of existing policies. Neither Trustee nor the Lender shall by reason of
accepting, rejecting, approving or obtaining insurance incur any liability for the existence,
nonexistence, form or legal sufficiency of such insurance, or solvency of any insurer for
payment of losses. All insurance proceeds for such losses must be utilized for the repair or
restoration of the insured property.
9.7. Payments and Discharge of Liens. Borrower
will pay, when due, all claims of every kind and nature which might or could become a lien on
the Property or any part thereof; provided, however, that the following are excepted from this
prohibition: (a) liens for taxes and assessments which are not delinquent but by law are given
the status of a lien, and (b) such of the above claims as are, and only during the time they are,
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being contested by Borrower in good faith and by appropriate legal proceedings. Borrower
shall post security for the payment of these contested claims as may be requested by the
Lender. Borrower shall not default in the payment or performance of any obligation secured by
a lien, mortgage or deed of trust which is superior to this Deed of Trust.
10. IT IS MUTUALLY AGREED THAT:
10.1. Future Advances. Upon request by Borrower, Lender, at Lender’s option, may
make future advances to Borrower. All such future advances shall be added to and become a
part of the indebtedness secured by this Deed of Trust when evidenced by promissory note(s)
reciting that such note(s) are secured by this Deed of Trust.
10.2. Disbursements to Protect Lender’s Security. All sums disbursed by Lender
to protect and preserve the Property, this Deed of Trust, or Lender’s security for the
performance of Borrower’s obligations under the Note shall be and be deemed to be an
indebtedness of Borrower to Lender secured by this Deed of Trust.
10.3. Protection of Lender’s Security. If Borrower fails to perform the covenants
and agreements contained in this Deed of Trust, or if any action or proceeding is commenced
which materially affects Lender’s interest in the Property, including, but not limited to,
eminent domain, insolvency, code enforcement, arrangements or proceedings involving a
bankrupt or decedent, foreclosure of any mortgage, deed of trust, or other lien secured by the
Property or sale of the Property under a power of sale of any instrument secured by the
Property, then Lender, at Lender’s option, upon notice to Borrower, may make such
appearance, disburse such sums and take such action as is necessary to protect Lender’s
interest, including, but not limited to, disbursement of reasonable attorney’s fees and entry
upon the Property to make repairs.
Any amounts disbursed by Lender pursuant to this Section 4.3, with interest thereon, shall
become additional indebtedness of Borrower to Lender secured by this Deed of Trust. Unless
Borrower and Lender agree to other terms of payment, such amounts shall be payable upon
notice from Lender to Borrower requesting payment thereof, and shall bear interest from the date
of disbursement at the highest rate permissible under applicable law. Nothing contained in this
Section 4.3 shall require Lender to incur any expense or take any action hereunder.
10.4. Inspection. Lender or its agent may make or cause to be made reasonable
entries upon and inspections of the Property. Lender shall give Borrower notice at the time of
or prior to any such inspection specifying reasonable cause for the inspection.
10.5. Awards and Damages. All judgments, awards of damages, settlements and
compensation made in connection with or in lieu of (a) taking of all or any part of or any
interest in the Property by or under assertion of the power of eminent domain, (b) any damage
to or destruction of the Property or any part thereof by insured casualty, or (c) any other injury
or damage to all or any part of the Property, are hereby assigned to and shall be paid to the
Lender. The Lender is authorized and empowered (but not required) to collect and receive any
such sums and is authorized to apply them in whole or in part upon any indebtedness or
obligation secured hereby, in such order and manner as the Lender shall determine at its option.
The Lender shall be entitled to settle and adjust all claims under insurance policies provided
under this Deed of Trust and may deduct and retain from the proceeds of such insurance the
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amount of all expenses incurred by it in connection with any such settlement or adjustment. All
or any part of the amounts so collected and recovered by the Lender may be released to
Borrower upon such conditions as the Lender may impose for its disposition. Application of all
or any part of the amounts collected and received by the Lender or the release thereof shall not
cure or waive any default under this Deed of Trust. If the Property is abandoned by Borrower,
or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a
claim for damages, Borrower fails to respond to Lender within thirty (30) days after the date
such notice is mailed, Lender is authorized to collect and apply the proceeds, at Lender’s
option, either to restoration or repair of the Property or to the sum secured by this Deed of
Trust.
10.6. Prohibition on Transfers of Interest. If all or any part of the Property or an
interest therein is sold or transferred by Borrower without Lender’s prior written consent,
Lender may, at Lender’s option, declare all the sums secured by this Deed of Trust to be
immediately due and payable. If Lender exercises such option to accelerate, Lender shall mail
Borrower notice of acceleration in accordance with Section 6.9 hereof. Such notice shall
provide a period of not less than 30 days from the date the notice is mailed within which
Borrower may pay the sums declared due. If Borrower fails to pay such sums prior to the
expiration of such period, Lender may, without further notice or demand on Borrower, invoke
any remedies permitted by Section 5.2(a) hereof.
10.7. Sale or Forbearance. No sale of the Property, forbearances on the part of
Lender or extension of the time for payment of the indebtedness hereby secured shall
operate to release, discharge, waive, modify, change or affect the liability of Borrower
either in whole or in part.
10.8. Lender’s Rights to Release. Without affecting the liability of any person for
payment of any indebtedness hereby secured (other than any person released pursuant hereto),
including without limitation any one or more endorsers or guarantors, and without affecting the
lien hereof upon any of the Property not released pursuant hereto, at any time and from time to
time without notice: (a) Lender may, at its sole discretion, (I) release any person now or
hereafter liable for payment of any or all such indebtedness. (II) extend the time for or agree to
alter the terms of payment of any or all of such indebtedness, and (III) release or accept
additional security for such indebtedness, or subordinate the lien or charge hereof; and (b)
Trustee, acting pursuant to the written request of Lender, may reconvey all or any part of the
Property, consent to the making of any map or plot thereof, join in granting any assessment
thereon, or join in any such agreement of extension or subordination.
10.9. Reconveyance. Upon payment of all sums secured by this Security
Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this
Deed of Trust and all notes evidencing indebtedness secured by this Deed of Trust to Trustee.
Trustee shall reconvey the Property without warranty and without charge to the person or
persons legally entitled thereto. Such person or persons shall pay all costs of recordation, if
any. The recitals in the reconveyance of any matters or facts shall be conclusive proof of the
truthfulness thereof.
10.10. Requirement of Owner-occupancy and Permitted Transfers. Borrower
shall occupy the Property as Borrower’s principal place of residence during the term of the
Note, except as may otherwise be expressly agreed upon by Lender in writing.
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11. EVENTS OF DEFAULT
11.1. Events of Default. Any one or more of the following events shall constitute a
default under this Deed of Trust (a) failure of the Borrower to pay the indebtedness secured
hereby or any installment thereof when and as the same becomes due and payable, whether at
maturity or by acceleration or otherwise; or (b) failure of Borrower to observe or to perform
any covenant condition or agreement to be observed or performed by Borrower pursuant to
the Note or this Deed of Trust, including but not limited to the provision requiring occupancy
of the Property by Borrower; or (c) the occurrence of any event which, under the terms of the
Note, shall entitle the Lender to exercise the rights or remedies thereunder; or (d) the
occurrence of any event which, under the terms of any senior note or deed of trust, shall
entitle the Lender to exercise the rights or remedies thereunder.
11.2. Acceleration and Sale.
• Acceleration. Upon Borrower’s breach of any covenant or agreement of
Borrower in this Deed of Trust, including the covenants to pay when due any
sums secured by this Deed of Trust, or upon Borrower’s failure to make any
payment or to perform any of its obligations, covenants and agreements
pursuant to the Note, Lender may at Lender’s option mail notice to Borrower
as provided in Section 6.9 hereof specifying: (1) the breach; (2) the action
required to cure such breach; (3) a date, no less than 30 days from the date
the notice is mailed to Borrower, by which such breach must be cured; and
(4) that failure to cure such breach on or before the date specified in the
notice may result in acceleration of the sums secured by this Deed of Trust
and sale of the Property. The notice shall further inform Borrower of the
right to reinstate after acceleration and the right to bring a court action to
assert the nonexistence of a default or any other defense of Borrower to
acceleration and sale. If the breach is not cured on or before the date
specified in the notice, Lender at Lender’s option may declare all of the
sums secured by this Deed of Trust to be immediately due and payable
without further demand and may invoke the power of sale and any other
remedies permitted by applicable law. Lender shall be entitled to collect
from the Borrower, or sale proceeds, if any, all reasonable costs and
expenses incurred in pursuing the remedies provided in this paragraph,
except that Lender and Borrower shall each bear their own attorney fees.
• Borrower’s Right to Reinstate. Notwithstanding Lender’s acceleration of the
sums secured by this Deed of Trust, Borrower will have the right to have
any proceedings begun by Lender to enforce this Deed of Trust discontinued
at any time prior to five (5) days before sale of the Property pursuant to the
power of sale contained in this Deed of Trust or at any time prior to entry of
the judgment enforcing this Deed of Trust if: (1) Borrower pays Lender all
sums which would be then due under this Deed of Trust and the Note, had
no acceleration occurred; (2) Borrower pays all reasonable expenses
incurred by Lender and Trustee in enforcing the covenants and agreements
of Borrower contained in this Deed of Trust, except attorney fees; and (3)
Borrower takes such action as Lender may reasonably require to assure that
the lien of this Deed of Trust, Lender’s interest in the Property and
Borrower’s obligation to pay the sums secured by this Deed of Trust will
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continue unimpaired. Upon such payment and cure by Borrower, this Deed
of Trust and the obligations secured hereby shall remain in full force and
effect as if no acceleration had occurred.
• Sale. After delivery to Trustee of a Notice of Default and Demand for Sale, and
after the expiration of such time and the giving of such notice of default and
sale as may then be required by law, and without demand on Borrower,
Trustee shall sell the Property at the time and place of sale fixed by it in said
notice of sale, at public auction to the highest bidder for cash in lawful
money of the United States of America, payable at time of sale. Trustee may
postpone sale of all or any portion of the Property by public announcement
at such time and place of sale and from time to time thereafter may postpone
such sale by public announcement at the time and place fixed by the
preceding postponement. Any person, including Borrower, Trustee or the
Lender, may purchase at such sale. Upon such sale by Trustee it shall deliver
to such purchaser its deed conveying the Property so sold, but without any
covenant or warranty, express or implied. The recitals in such deed of any
matters or facts shall be conclusive proof of their truthfulness. Upon sale by
Trustee and after deducting all costs, expenses and fees of Trustee and of
this Deed of Trust, Trustee shall apply the proceeds of sale to the payment of
the principal indebtedness hereby secured, whether evidenced by the Note or
otherwise, or representing advances made or costs or expenses paid or
incurred by the Lender under this Deed of Trust, or the secured obligations
or any other instrument evidencing or securing any indebtedness hereby
secured, and to the payment of all other sums then secured thereby, in such
order as the Lender shall direct; and the remainder, if any, shall be paid to
the person or persons legally entitled thereto.
• Assignment of Rents; Appointment of Receiver; Lender in Possession. Upon
acceleration under paragraph (a) of Section 5.2 hereof or abandonment of
the Property, Lender (in person, by agent or by judicially appointed receiver)
shall be entitled to enter upon, take possession of and manage the Property
and to collect the rents of the Property (if any) including those past due. All
rents collected by Lender or the receiver shall be applied first to payment of
the costs of management of the Property and collection of rents including,
but not limited to, receiver’s fees, premiums on receiver’s bonds and
reasonable attorney’s fees, and then to the sums secured by this Deed of
Trust. Lender and the receiver shall be liable to account only for those rents
actually received. The provisions of this paragraph and paragraph (a) of
Section 5.2 shall operate subject to the rights of prior lien holders.
11.3. Exercise of Remedies; Delay. No exercise of any right or remedy by the
Lender or Trustee hereunder shall constitute a waiver of any other right or remedy herein
contained or provided by law, and no delay by the Lender or Trustee in exercising any such
right or remedy hereunder shall operate as a waiver thereof or preclude the exercise thereof
during the continuance of any default hereunder.
11.4. Trustee Substitution. The irrevocable power to appoint a substitute trustee or
trustees hereunder is hereby expressly granted to the Lender, to be exercised at any time
hereafter, without specifying any reason therefor, by filing for record in the office where this
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Deed of Trust is recorded a substitution of trustee, and said power of substitution of trustee or
trustees may be exercised as often as and whenever the Lender deems advisable. The exercise
of said power of substitution of trustee, no matter how often, shall not be deemed an
exhaustion thereof, and upon recording of such substitution of trustee, the trustee or trustees so
appointed shall thereupon, without further act or deed of conveyance, succeed to and become
fully vested with the same title and estate in and to the Property hereby conveyed and with all
the rights, powers, trusts and duties of the predecessor in the trust hereunder, with like effect
as if originally named as trustee or as one of the trustees.
11.5. Remedies Cumulative. No remedy herein contained or conferred upon the
Lender or Trustee is intended to be exclusive of any other remedy or remedies afforded by law
or by the terms hereof to the Lender or Trustee. Each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity.
12. MISCELLANEOUS PROVISIONS
12.1. Successors, Assigns, Gender, Number. The
covenants and agreements contained in this Deed of Trust shall bind, and the benefit and
advantages under it shall inure to, the respective heirs, executors, administrators,
successors and assigns of the parties. Wherever used, the singular number shall include the
plural, and the plural the singular, and the use of any gender shall be applicable to all
genders.
12.2. Headings. The headings contained in this Deed of Trust are inserted only for
convenience of reference and in no way define, limit, or describe the scope or intent of this
Deed of Trust, or of any particular provision thereof, or the proper construction thereof.
12.3. Actions on Behalf of the Lender. Except as otherwise specifically
provided herein, whenever any approval, notice, direction, consent, request or other
action by the Lender is required or permitted under this Deed of Trust, such action
shall be in writing.
12.4. Terms. The word “Lender” means the present Lender, or any future
owner or holder, including pledgee, of the indebtedness secured hereby.
12.5. Obligations of Borrower. If more than one person has executed this
Deed of Trust as “Borrower,” the obligations of all such persons hereunder shall be
joint and several.
12.6. Incorporation by Reference. The provisions of the Loan Agreement
and the Note are incorporated by reference herein as though set out verbatim.
12.7. Severability. If any provision of this Deed of Trust shall be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions hereof shall
not in any way be affected or impaired.
12.8. Indemnification. Borrower shall indemnify and hold the Lender, its officers
and agents harmless against any and all losses, claims, demands, penalties and liabilities which
the Lender, its officers or agents may sustain or suffer by reason of anything done or omitted
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pursuant to or in connection with this Deed of Trust. Borrower shall not assert any claim
against the Lender, its officers or agents by reason of any action so taken or omitted. Borrower
shall, at Borrower’s expense, defend, indemnify, save and hold the Lender, its officers and
agents harmless from any and all claims, demands, losses, expenses, damages (general,
punitive or otherwise), causes of action (whether legal or equitable in nature) asserted by any
person, firm, corporation or other entity arising out of this Deed of Trust and Borrower shall
pay the Lender upon demand all claims, judgments, damages, losses or expenses (including
reasonable legal expense) incurred by the Lender as a result of any legal action arising out of
this Deed of Trust.
12.9. Notice. Except for any notice required under applicable law to be given in
another manner (a) any notice to Borrower provided for in this Deed of Trust shall be given by
mailing such notice by certified mail directed to the Property address or any other address
Borrower designates by notice to Lender as provided herein; and, (b) any notice to Lender
shall be given by certified mail, return receipt requested, to Lender’s mailing address stated
above herein or to such other address as Lender may designate by notice to Borrower as
provided herein. Any notice provided for in this Deed of Trust shall deem to have been given
to Borrower or Lender when received after mailing in the manner designated herein.
12.10. Beneficiary Statement. Lender may collect a fee for furnishing the
beneficiary statement in an amount not to exceed the amount provided for in Section 2943 of
the Civil Code of California.
12.11. Use of Property. Borrower shall not permit or suffer the use of any of the
Property for any purpose other than as a single family residential dwelling.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and year set forth
above. By signing below, Borrower agrees to the terms and conditions as set forth above.
MAILING ADDRESS FOR NOTICES: SIGNATURE OF BORROWER(s):
_ _
(Street) (Borrower Name(s))
San Bernardino CA
(City) (State) (Zip)
Acknowledgements
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed under the foregoing Deed of Trust from [name of
Trustor] to the City of San Bernardino (“City”), a municipal corporation, as to the following property is
hereby accepted:
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as
follows:
[legal description]
APN:
This acceptance is made by the City Manager of the City on behalf of the City pursuant to authority conferred
by action of the Mayor and City Council by Resolution No. , and the City as grantee consents to
recordation of this Certificate by its duly authorized officer.
CITY OF SAN BERNARDINO
Dated: , 2018 By:
City Manager
ATTEST:
City Clerk
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Attachment F
Attachment “H” to Master Agreement
Form of Promissory Note
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City of San Bernardino
OWNER-OCCUPIED REHABILITATION PROGRAM
PROMISSORY NOTE
NOTICE TO BORROWER
THIS DOCUMENT CONTAINS PROVISIONS
RESTRICTING ASSUMPTIONS AND IS SECURED
BY
A SECOND DEED OF TRUST ON RESIDENTIAL PROPERTY
Loan No. .
DATED________________________________
$
[loan amount] [property address]
FOR VALUE RECEIVED, the undersigned, (the “Borrower”)
hereby promises to pay to the order of the City of San Bernardino (“Lender”) at the following
address 290 North D Street, San Bernardino, CA 92401 or at such other place as the holder may
from time to time designate by written notice to Borrower, in lawful money of the United States, the
principal sum of dollars ($ ) which loan shall accrue zero
percent (0%) simple interest per annum. The obligation of the Borrower with respect to this Note is
secured by that certain City of San Bernardino Owner-Occupied Rehabilitation Program Deed of
Trust – Loan No. (the “Deed of Trust”), executed by the Borrower
concurrently herewith.
11. Borrower’s Obligation. This Note evidences the obligation of the Borrower to the Lender
for the repayment of funds received by the Lender under the United States Department of
Housing and Urban Development (“HUD”) HOME Investment Partnership (“HOME”)
Program, which funds will be loaned (the “HOME Loan”) by Lender to Borrower to
finance the rehabilitation of that certain real property (the “Property”) which has the
address of ________________, San Bernardino, California , more fully
described in Exhibit A to the Deed of Trust. Concurrently herewith, Borrower and Lender
have entered into a loan agreement (the “Loan Agreement”) setting forth the terms
of the HOME Loan.
12. Borrower(s) Acknowledge(s) and Agrees: that the HOME Loan is subject to the terms,
conditions, and restrictions of the HOME Program as set forth in implementing guidelines
and regulations adopted by HUD, including without limitation those set forth in Title 24 of
the Code of Federal Regulations, all of which are hereby incorporated by reference.
Borrower agrees to use the HOME Loan funds exclusively for the rehabilitation of the
Property and agrees that any other use of said funds will constitute a default under this
Note. Borrower represents that Borrower owns the Property in fee simple and agrees to
maintain ownership throughout the term of this Note except as otherwise provided her ein.
Borrower agrees throughout the term of this Note to maintain property insurance insuring
the Property against fire, flood, and any and all other damage or casualty, with Lender as a
loss payee.
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13. Repayment of Loan Forgiveness. No periodic payments are required hereunder.
Borrower agrees to pay the unpaid principal balance and any other amounts due under this
Note upon the earlier of:
(a) sale, transfer, lease, or encumbrance, including without limitation refinancing, of all
or any part of Borrower’s interest in the Property without Lender’s prior written
consent; or
(b) Borrower’s failure to occupy the Property as Borrower’s principal place of
residence. Without limiting the generality of the foregoing, any absence from the
Property for a period of ninety (90) days or more days shall be deemed an
abandonment of the Property as the principal residence of Borrower in violation of
the conditions of this subsection.
(c) Provided that neither of the events described above triggering repayment or any
other default under this Note, the Deed of Trust or the Loan Agreement have
occurred prior to the sixth (6th) anniversary of the date of this Note as set forth
above, twenty percent (20%) of the principal amount of the Loan shall be forgiven
as of that date. Thereafter, on each anniversary of the date of this Note, provided
neither of the events triggering repayment or any other default under this Note, the
Deed of Trust or the Loan Agreement have occurred, an additional twenty percent
(20%) of the original principal amount of the Loan shall be forgiven, until the tenth
anniversary of this Note, upon which the entire Loan will be forgiven. Upon such
date, provided repayment of the Loan has not been triggered, the Lender shall return
this Note to Borrower and shall release the Property from the Deed of Trust.
14. Permitted Transfers.
The HOME Loan is not assumable except with the express written consent of the Lender,
in the Lender’s sole discretion.
15. Acceleration of Payment. The entire balance then outstanding of the HOME Loan
shall become immediately due and payable, at the option of the holder and without
demand or notice, upon the occurrence of any of the following events:
(a) In the event of a default under the terms of the Loan Agreement, this Note, or
the Deed of Trust;
(b) In the event that the Borrower shall cease to occupy the Property as Borrower’s
principal place of residence;
(c) In the event of any sale, transfer, lease, or encumbrance of the Property without
Lender’s prior written consent in violation of Paragraphs 3(b) and 4 of this
Promissory Note; or
(d) In the event that the Borrower shall become a bankruptcy debtor, insolvent, or
subject to a receivership, or shall make an assignment for the benefit of creditors.
16. Effect of Acceleration Clause. Failure of the holder to exercise the option to accelerate
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payment as provided in Paragraph 5 of this Note will not constitute waiver of the right to
exercise this option in the event of subsequent cause for acceleration. Failure by Borrower
to occupy the Property as Borrower’s principal place of residence shall be considered an
ongoing event of default under this Note.
17. Place and Manner of Payment. All amounts due and payable under this Note are payable
at the principal office of the Lender set forth above, or at such other place or places as the
Lender may designate to the Borrower in writing from time to time.
18. Application of Payments. All payments received on account of this Note shall be applied
to the reduction of principal.
19. Default and Acceleration. All covenants, conditions and agreements contained in the Loan
Agreement and the Deed of Trust are hereby made a part of this Note. The Borrower agrees
that the unpaid balance of the then principal amount of this Note shall, at the option of the
Lender or, if so provided in this Note and the Deed of Trust, automatically become
immediately due and payable upon the failure of the Borrower to make any payment
hereunder as and when due; upon the failure of the Borrower to perform or observe any
other term or provision of this Note; or upon the occurrence of any event (whether termed
default, event of default or similar term) which under the terms of the Loan Agreement or
the Deed of Trust shall entitle the Lender to exercise rights or remedies thereunder. The
material falsity of any representation made by the Borrower in this Note, the Loan
Agreement, or the Deed of Trust shall constitute an event of default under this Note.
20. Notices. Except as may be otherwise specified herein, any approval, notice, direction,
consent, request or other action by the Lender shall be in writing and must be communicated
to the Borrower at the address of the Property, or at such other place or places as the
Borrower shall designate to the Lender in writing, from time to time, for the receipt of
communications from the Lender. Mailed notices shall be deemed delivered and received
five (5) working days after deposit in the United States mail in accordance with this
provision
17. Prepayment Policy: Borrower may prepay this Note at any time without penalty.
18. Governing Law. This Note shall be construed in accordance with and be governed by
the laws of the State of California.
19. Severability. If any provision of this Note shall be invalid, illegal or unenforceable, the
validity, legality and enforceability of the remaining provisions hereof shall not in any way
be affected or impaired thereby.
20. No Waiver by the Lender. No waiver of any breach, default or failure of condition
under the terms of this Note, the Loan Agreement, or the Deed of Trust shall thereby be
implied from any failure of the Lender to take, or any delay by the Lender in taking,
action with respect to such breach, default or failure or from any previous waiver of any
similar or unrelated breach, default or failure; and a waiver of any term of this Note, the
Loan Agreement, the Deed of Trust, or any of the obligations secured thereby must be
made in writing and shall be limited to the express written terms of such waiver.
21. Successors and Assigns. The promises and agreements herein contained shall bind and
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inure to the benefit of, as applicable, the respective heirs, executors, administrators,
successors and assigns of the parties.
Executed as of the date set forth above at , California
City
Borrower
Mailing Address for Notices:
San Bernardino, CA
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Attachment “I” to Master Agreement
HOME Guide for Review of Homeowner Rehabilitation Projects
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1
Guide for Review of Homeowner Rehabilitation Projects
Participating Jurisdiction (PJ):
Owner/Subrecipient:
Staff Consulted:
Project Address:
Project Amount:
Date Committed:
IDIS Number: IDIS Completion Date:
Name(s) of
Reviewer(s)
Date
NOTE: All questions that address requirements contain the citation for the source of the requirement
(statute, regulation, NOFA, or grant agreement). If the requirement is not met, HUD must make
a finding of noncompliance. All other questions (questions that do not contain the citation for
the requirement) do not address requirements, but are included to assist the reviewer in
understanding the participant's program more fully and/or to identify issues that, if not properly
addressed, could result in deficient performance. Negative conclusions to these questions may
result in a "concern" being raised, but not a "finding."
Instructions: This Exhibit is designed for use in reviewing individual project files for the PJ’s
owner-occupied rehabilitation program. It is divided into nine sections: Participant Eligibility;
Property Eligibility; Eligible/Reasonable Costs; Property Standards; Written Agreement;
Contractor Selection; Construction Management; Loan Processing and Servicing; and
Recordkeeping. If an area or question is not reviewed, make a note to this effect in the
applicable “Describe Basis for Conclusion” section of the applicable question.
Questions:
A. PARTICIPANT ELIGIBILITY
1.
Was the applicable definition of income used (e.g., selected for this
homeownership rehabilitation program)?
Yes No N/A
Describe Basis for Conclusion:
2.
Did the PJ correctly apply income inclusions and exclusions for the chosen
income definition and was the calculation performed correctly?
[24 CFR 92.203(b)]
Yes No N/A
Describe Basis for Conclusion:
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2
3.
Was household income supported with source documentation?
[24 CFR 92.203(a)(2)]
Yes No N/A
Describe Basis for Conclusion:
4.
Was the family’s annual income less than or equal to 80% of the area
median income?
[24 CFR 92.254(b)]
Yes No N/A
Describe Basis for Conclusion:
5. Ownership/ Occupancy
a. Did program staff obtain evidence of ownership? (NOTE: A deed alone
is not sufficient documentation. A title search or a recent review of
recorded ownership information should have been conducted.)
[24 CFR 92.254(c)]
Yes No N/A
Describe Basis for Conclusion:
b. Does the file documentation include documentation demonstrating that
the household uses this property as its principal residence (e.g., utility
bill)?
[24 CFR 92.254(b)(2)]
Yes No N/A
Describe Basis for Conclusion:
B. PROPERTY ELIGIBILITY
6.
Was the property listed as a single-family home (1-4 units)?
[24 CFR 92.254(c)]
Yes No N/A
Describe Basis for Conclusion:
7.
Does the work write-up/cost estimate establish that at least $1,000 of
HOME-funded rehabilitation work is required?
[24 CFR 92.205(c)]
Yes No N/A
Describe Basis for Conclusion:
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3
8.
Is the estimated after-rehabilitation property value less than or equal to 95%
of the median single-family purchase price for the area as determined by
HUD/PJ?
[24 CFR 92.254(b)(1)]
Yes No N/A
Describe Basis for Conclusion:
9.
a. Does the file contain evidence that the environmental review
requirements were met? (Complete Exhibit 21-1 in this Handbook to
answer this question.)
[24 CFR 92.352]
Yes No N/A
Describe Basis for Conclusion:
b. Does the file contain evidence of compliance with flood insurance
protection when assistance was used for rehabilitation of real property
located within the Special Flood Hazard Area (SFHA)? (Use Exhibit
27-1 of this Handbook, “Guide for Review of Flood Insurance
Protection.”)
[24 CFR 92.352]
Yes No N/A
Describe Basis for Conclusion:
C. ELIGIBLE/REASONABLE COSTS
10.
a. Are all costs detailed on the cost estimate and in the rehabilitation
contract eligible under the HOME program?
[24 CFR 92.206]
Yes No N/A
Describe Basis for Conclusion:
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4
b. If costs were not eligible, was another source of funds used for these
costs?
Yes No N/A
Describe Basis for Conclusion:
11.
If HOME funds were used for refinancing, is there documentation in the file
demonstrating that the household’s overall housing costs were reduced?
[24 CFR 92.206(b)(1)]
Yes No N/A
Describe Basis for Conclusion:
12.
Was the amount of HOME subsidy at or below the applicable maximum per
unit subsidy limit for the unit?
[24 CFR 92.250(a)]
Yes No N/A
Describe Basis for Conclusion:
13.
Was the amount of HOME subsidy equal to or greater than the $1,000
minimum per unit subsidy?
[24 CFR 92.205(c)]
Yes No N/A
Describe Basis for Conclusion:
14.
a. Was the subsidy provided in an eligible form of investment (i.e., equity
investments, interest bearing or non-interest bearing loans or advances,
interest subsidies, deferred payment loans, grants or loan guarantees)?
[24 CFR 92.205(b)(1)]
Yes No N/A
Describe Basis for Conclusion:
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b. If the subsidy was provided in a form not listed above, was that form
approved by HUD?
[24 CFR 92.205(b)(1)]
Yes No N/A
Describe Basis for Conclusion:
15.
Do the costs appear reasonable (e.g., based upon the PJ cost estimate and
costs of comparable work in the area)?
[24 CFR 92.505(a) and 24 CFR 85.22 and OMB A-87, Attachment A,
Section C.2)]
Yes No N/A
Describe Basis for Conclusion:
D. PROPERTY STANDARDS
16.
Does the project file include the following:
a. Work write-up/cost estimate?
[24 CFR 92.505(a) and 24 CFR 85.36(f)]
Yes No N/A
b. Documentation of initial inspection?
[24 CFR 92.505(a) and 24 CFR 85.36(f)]
Yes No N/A
c. Documentation of progress inspection?
[24 CFR 92.505(a) and 24 CFR 85.36(b)(2)]
Yes No N/A
Describe Basis for Conclusion:
17.
Does the work write-up:
a. include all work noted on the initial inspection report?
[24 CFR 92.251]
Yes No N/A
b. reflect the PJ’s written rehabilitation standards?
[24 CFR 92.251(a)(1)]
Yes No N/A
Describe Basis for Conclusion:
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18.
Was the work write-up written with enough detail to enable a contractor to
provide a reliable bid?
[24 CFR 92.505(a) and 24 CFR 85.36(c)(3)(i) and 85.36(d)(2)(i)(A)]
Yes No N/A
Describe Basis for Conclusion:
19.
Was work performed in accordance with the PJ’s written rehabilitation
standards?
[24 CFR 92.251(a)(1)]
Yes No N/A
Describe Basis for Conclusion:
20.
Does the final inspection confirm that all necessary work was completed?
[24 CFR 92.251(a)(1)]
Yes No N/A
Describe Basis for Conclusion:
21.
Does the final inspection confirm that the property met all applicable
property standards at completion?
[24 CFR 92.251(a)(1)]
Yes No N/A
Describe Basis for Conclusion:
22.
If the project was constructed before 1978, does the project comply with
lead safe housing requirements at 24 CFR Part 35?
[Complete Lead Hazards Monitoring Guidance for Rehabilitation, Exhibit
24-1 to answer this question.]
[24 CFR 92.355]
Yes No N/A
Describe Basis for Conclusion:
23.
[OS] If the project has been selected for an on-site inspection to examine the quality of the
rehabilitation work, the monitor should perform a walk-through of the property with the
initial inspection, the work write-up, and the final inspection report. (Complete this question
only if an onsite inspection was performed.)
a. Based upon observable conditions, have the deficiencies identified in the
initial inspection report been corrected?
[24 CFR 92.251]
Yes No N/A
Describe Basis for Conclusion:
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7
b. If the homeowner was interviewed, is s/he satisfied with the
rehabilitation?
Yes No N/A
Describe Basis for Conclusion:
c. Is the property free of all obvious property standard violations?
[24 CFR 92.251(a)(1)]
Yes No N/A
Describe Basis for Conclusion:
d. Based upon observable conditions, what was the status of the rehabilitation work at the
time of the onsite inspection?
Complete Underway Not Started
Describe Basis for Conclusion:
E. WRITTEN AGREEMENT
24.
Does the written agreement with the homeowner include all required
provisions? (Complete Exhibit 7-14, “Beneficiary Written Agreements,” to
answer this question.)
[24 CFR 92.504(c)(5)]
Yes No N/A
Describe Basis for Conclusion:
25.
Was the written agreement executed by the PJ and the homeowner before
the project was funded in IDIS? (Compare the dated signatures on the
written agreement to the Initial Funding Date on the View Activity Screen
in IDIS.)
[24 CFR 92.502(b)]
Yes No N/A
Describe Basis for Conclusion:
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8
F. CONTRACTOR SELECTION
26.
Does the project file include verification of contractor eligibility, e.g., that
awards were not made to any party excluded, disqualified or otherwise
ineligible (i.e., suspension, debarment or limited denial of participation) for
Federal procurement or nonprocurement programs?
[24 CFR 92.350(a)]
Yes No N/A
Describe Basis for Conclusion:
27.
Was the rationale for the selection of the contractor documented?
[24 CFR 92.505(a) and 24 CFR 85.36(c)(9)]
Yes No N/A
Describe Basis for Conclusion:
28.
If the PJ selected the contractor, was a competitive bid process used?
[24 CFR 92.505(a) and 85.36(c) and (d)]
Yes No N/A
Describe Basis for Conclusion:
29.
If the homeowner solicited the bids, was more than one bid solicited?
Yes No N/A
Describe Basis for Conclusion:
30.
Was a pre-construction conference conducted and documented in the file?
[24 CFR 92.505(a) and 24 CFR 85.36(b)(2)]
Yes No N/A
Describe Basis for Conclusion:
G. CONSTRUCTION MANAGEMENT
31.
Did the homeowner and contractor execute a rehabilitation contract?
[24 CFR 92.505(a) and 24 CFR 85.20(b)(6)]
Yes No N/A
Describe Basis for Conclusion:
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9
32.
Were progress inspections of the project performed prior to approving the
contractor’s request for payment?
[24 CFR 92.505(a) and 24 CFR 85.36(b)(2)]
Yes No N/A
Describe Basis for Conclusion:
33.
Did the owner approve final payment to the contractor?
Yes No N/A
Describe Basis for Conclusion:
34.
Did the PJ and the owner review and approve change orders for any changes
in the scope of work?
[24 CFR 92.505(a) and 24 CFR 85.20(b)(6) and 85.36(f)(1)]
Yes No N/A
Describe Basis for Conclusion:
35.
Does the project file contain:
[24 CFR 92.505(a) and 24 CFR 85.36(b)(2)]
a. Final Lien Release?
Yes No N/A
b. Contractor Warranty or Equipment Warranties?
Yes No N/A
Describe Basis for Conclusion:
H. LOAN PROCESSING AND SERVICING
36.
Did the homeowner sign the loan agreement?
[24 CFR 92.205(b)(1); 24 CFR 92.505(a) and 24 CFR 85.20(b)(2) and
85.20(b)(6)]
Yes No N/A
Describe Basis for Conclusion:
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37.
Were loan documents recorded?
[24 CFR 92.505(a) and 24 CFR 85.20(b)(3)]
Yes No N/A
Describe Basis for Conclusion:
38.
If funding sources in addition to HOME were used, do project records
include documentation of the source and application of funds for the
project?
[24 CFR 92.508(a)(3)(ii); 24 CFR 92.505(a) and 24 CFR 85.20(b)]
Yes No N/A
Describe Basis for Conclusion:
I. RECORDKEEPING
39.
For Family Information, is the following documentation in the file:
a. Completed application?
Yes No N/A
b. Verification of Income?
[24 CFR 92.508(a)(3)(v)]
Yes No N/A
c. Documentation of principal residency?
[24 CFR 92.508(a)(3)(xi)]
Yes No N/A
d. Approval notification/documents?
Yes No N/A
Describe Basis for Conclusion:
40.
Regarding Legal Documents, is the following documentation in the file:
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a. Copy of Deed?
[24 CFR 92.508(a)(3)(xi)]
Yes No N/A
b. Title Search and/or Preliminary Title Opinion?
[24 CFR 92.508(a)(3)(xi)]
Yes No N/A
c. Closing Documents?
[24 CFR 92.508(a)(3)(ii)]
Yes No N/A
d. Homeowner HOME Written Agreement?
[24 CFR 92.504b(5) and 92.508(a)(3)(ii)]
Yes No N/A
Describe Basis for Conclusion:
41.
Regarding Property Information, is the following documentation in the file:
a. Environmental screening checklist?
[24 CFR 92.508(a)(7)(iii)]
Yes No N/A
b. Appraisal/Value estimate?
[24 CFR 92.508(a)(3)(x)]
Yes No N/A
c. Work write-up/Cost estimate?
[24 CFR 92.505(a) and 24 CFR 85.36(f)]
Yes No N/A
d. Rehabilitation contract?
[24 CFR 92.508(a)(3)(ii)]
Yes No N/A
e. Change orders (if applicable)?
[24 CFR 92.508(a)(3)(ii)]
Yes No N/A
f. Initial inspection report?
Yes No N/A
g. Progress inspection reports?
Yes No N/A
h. Final inspection report?
[24 CFR 92.508(a)(3)(iv)]
Yes No N/A
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i. Notification of lead-based paint?
[24 CFR 92.508(a)(3)(iv)]
Yes No N/A
Describe Basis for Conclusion:
42.
Based upon this file review, is the document sufficient to determine
compliance with HOME requirements?
[24 CFR 92.508(a)(3)]
Yes No N/A
Describe Basis for Conclusion:
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CITY OF SAN BERNARDINO
HOME OWNER OCCUPIED
REHABILITATION PROGRAM
POLICIES AND PROCEDURES
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Table Of Contents
I. General Provisions
A. Purpose
B. Program Funding Source
C. Program Administrator
D. Funds for Improvements
E. Environmental Clearance
F. Davis Bacon & Related Acts (DBRA)
G. Section 3
H. Equal Opportunity
I. Relocation
J. Applicability of Federal State and Local Regulations/
Authority to administer
II. Program Assistance
A. Residential Rehabilitation Program Assistance
B. Terms and Obligations
III. Eligibility Requirements
A. Ownership
B. Property Title
C. Principal Residence
D. Location
E. Maximum Property Value
F. Loan to Value Ratios
G. Homeowner’s Insurance
H. Household Income
I. Improvements
J. Contractor’s Selection
K. Conflict of Interest
IV. Lead Based Paint Requirements
V. Historic Preservation Process
VI. Required Record Keeping and File Retention
VII. Program Changes
VIII. Program Database
IX. Exhibits
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I. General Provisions
A. Purpose
The City of San Bernardino initiated the Owner Occupied Rehabilitation Program (OORP or
Program) to comply with the regulatory requirements of 24 CFR 92.251(b); improve the
quality of life for income-eligible households by assisting with property repairs and
improvements necessary to make their homes decent, safe and attractive; and to preserve the
City’s housing stock. The following guidelines serve as the minimum administrative
requirements for the OORP and are intended to reinforce and not supplant prudent
underwriting practices, when considering Program applications.
B. Program Funding Source
The primary funding source for the Program is HOME Investment Partnerships Program
(HOME) funds provided to the City from the US Department of Housing and Urban
Development (HUD) as identified in the City’s Consolidated Plan.
C. Program Administrator
Neighborhood Partnership Housing Services (NPHS) has been selected as the Program
Administrator (PA) for the City’s Owner Occupied Rehabilitation Program. Application,
intake and verification procedures will be in accordance with the established PA’s policies
and procedures. Program administration fee shall be actual costs incurred but cannot exceed
10% of each Loan amount.
D. Funds for Improvements
HOME funds shall be budgeted annually through the City’s Consolidated Plan/Annual Plan
process and regular budget process. Program funds are not guaranteed and subject to
availability.
Entity and any Community Housing Development Organization (CHDO) is not allowed to
charge servicing, origination, or other fees for the costs of administering the HOME
program, except as permitted by 24 CFR 92.214(b)(1).
Request of disbursement of funds shall only be made when the funds are needed for payment
of eligible costs. The amount of each request must be limited to the amount needed. Program
income must be disbursed first. All HOME program income must be returned to the City for
eligible activities, unless the City offers the option to the CHDO to retain program income as
CHDO proceeds.
E. Environmental Clearance
Use of HUD funds requires all programs and activities to be cleared per 24 CFR part 58.
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The OORP is categorically excluded per 58.35(a)(3)(i) subject to 58.5 and requires a Tiered
Environmental Review as follows: First Tier will cover the program on a eligible area basis
and will include clearance of coastal zones, environmental justice, air quality, noise, sole
source aquifer, endangered species, wild and scenic rivers, farmlands, wetlands, and airport
clear zone. The Second Tier will focus on the specific property to be rehabilitated and will
cover the historic property, SHPO, floodplain, explosives, and toxic sections. Emergency
repairs are not subject to SHPO concurrence. Tiered Environmental Review will be
completed by the City.
F. Davis Bacon & Related Acts (DBRA)
Per Section 110 of the Housing and Community Development Act of 1974 – DBRA does not apply
to rehabilitation of residential property designed for fewer than 8 families.
G. Section 3 Requirements
Per the Section 3 Frequently Asked Questions found at
http://portal.hud.gov/hudportal/documents/huddoc?id=11secfaqs.pdf question 11 states
“Section 3” does not include contractors or any intended beneficiary under the HUD
program to which Section 3 applies, such as a homeowner or a Section 3 resident. As such,
the funds used on the Owner Occupied Rehabilitation Program are not subject to th e Section
3 Requirements.
H. Equal Opportunity
Applicants will not be discriminated against on the basis of race, color, religion, sex, sexual
orientation, creed, ancestry, national or ethnic origin, age, family or marital status, handicap
or disability, or any other arbitrary basis. In addition, applicants may not discriminate in the
use, occupancy, and awarding of contracts with respect to the property to be rehabilitated
with the assistance of an OORP loan.
I. Relocation
Relocation is not contemplated as a part of this rehabilitation activity, however if an
unanticipated event occurs which requires temporary relocation, such relocation shall be
performed in compliance with the provisions of the Uniform Relocation Assistance and Real
Property Acquisitions Policies Act of 1970 and Section 104(d) and may be paid for using
program funds. Relocation regarding Lead-Based Paint reference section IV. Lead Based
Paint Requirements.
J. Applicability of Federal State and Local Regulations/ Authority To
administer
While all Program funds are subject to the requirements of these Guidelines, there may be
additional special provisions and limitations depending on changing requirements of the
funding source. Consequently, additional requirements not shown in these Guidelines may
apply and, thus, the Community and Economic Development Director (Director) or his/her
designee may amend these Guidelines from time to time to reflect changes in the
requirements of the funding source for this Program as required.
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II. Program Assistance
Income-qualified Applicants shall receive assistance to rehabilitate their homes in accordance with
the rehabilitation standards in the City’s HOME Program Manual; subsequent to the submittal of a
complete application inclusive of all required documentation as required by the HOME Program
Guidelines.
A. Owner Occupied Rehabilitation Program Assistance
The PA provides owners of single family (one-to-four units) homes, condominiums and
townhomes, a membership in a cooperative or mutual housing project that constitutes
homeownership under state law; manufactured housing or an equivalent form of ownership
approved by HUD at or below 80% of the Area Median Income (AMI) with home
rehabilitation forgivable loans at a zero percent interest rate per annum with no payments
required unless one of the following actions occur after receipt of the loan: property sale,
transfer of title of the property, the applicant ceases to occupy the home as their primary
residence, or the applicant refinances the property to take cash out or receive an equity line
of credit. The principal amount of the loan is forgiven at a rate of twenty percent per year
starting with the sixth anniversary of the loan, and described in more detail below.
B. Terms and Obligations
(i) Owner Occupied Rehabilitation Loans
Target Income Group: < 80% of area median income
Maximum Amount: $40,000
Interest Rate: Zero percent (0%)
Project Location: Citywide
Repayment: All loans are forgiven twenty percent each year starting
with the sixth anniversary and ending on the tenth
anniversary, at which time the entire balance shall be
forgiven. Loans are at zero percent (0%) interest, with
no payments due on the loan unless one of the following
actions occur after receipt of the loan; property sale,
transfer of title of the property, the borrower/owner
ceases to occupy the home as their primary residence,
the borrower/owner refinances the property to take cash
out or receive an equity line of credit, or upon
settlement of the borrower/owner’s estate.
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Eligible Costs include but not
limited to:
Essential and general property improvements; costs of
meeting rehabilitation standards and applicable codes;
energy-related improvements; lead-based paint hazard
reduction; accessibility improvements; repair or
replacement of major housing systems, and site
improvements and utility connections, to meet the
City’s rehabilitation standards per 24 CFR
92.251(b)(1), as set forth in the City’s HOME
Program Manual.
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III. Eligibility Requirements
A. Ownership
The Applicant must be listed on the Grant Deed or equivalent document demonstrating
ownership of the home. Title must be held as Fee Simple? or the owner may have a 99-year
ground lease, or an equivalent form of ownership approved by HUD. For manufactured
housing, land must be owned by the manufactured housing owner or leased for a period at least
equal to the duration of the affordability period.
B. Property Title
The property title shall be free of all liens or encumbrances as determined by the PA that may
be detrimental to the security of the City’s Loan.
C. Principal Residence
Single-family homes, condominiums and townhomes a membership in a cooperative or mutual
housing project that constitutes homeownership under state law; manufactured housing or an
equivalent form of ownership approved by HUD are eligible for OORP assistance.
D. Location
The dwelling unit must be located within the San Bernardino city limits.
E. Maximum Property Value
The estimated after rehabilitation value of a HOME-assisted property may not exceed
95 percent of the median purchase price for the area. To determine the estimated
after rehabilitation value of the project, the proposed rehabilitation work to be done
shall be incorporated into an appraisal. Procedures related to maximum after-
rehabilitation value or area purchase median purchase price must be pursuant to 24
CFR 92.254(a)(2)(iii) and 24 CFR 92.508(3)(x).
In order to determine area median purchase price, the PJ may use one of the following
methods per 24 CFR 92.254(a)(2)(iii):
Use HUD published homeownership values; or
Estimate area home values with either a local market analysis, a professionally -
prepared property appraisal or tax assessments for comparable area
properties (tax assessments must be current). The City must set forth the price
for different types of single family housing for the jurisdiction and may
determine separate limits for existing housing and newly constructed housing.
(This information must be included in the Annual Action Plan of the
Consolidated Plan submitted to HUD for review and updated in each Action
Plan.)
The City uses the first method, HUD published homeownership values, to determine
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the area median purchase price. For the rehabilitation of owner -occupied single-
family properties, the City will use the HOME affordable homeownership limits
provided by HUD for affordable existing housing based on 95 percent of the median
purchase price for the area. The City shall maintain records demonstrating that the
estimated after rehabilitation value for each owner-occupied HOME-assisted property,
does not exceed 95 percent of the median purchase price for the area in accordance
with 92.254(a)(2)(iii). The records shall demonstrate how the estimated value was
determined.
Under the HOME Final Rule, HUD establishes homeownership value limits and
publishes them annually at https://www.hudexchange.info/resource/2312/home -
maximum-purchase-price-after-rehab-value/.
The appraisal showing how the after rehabilitation was determine and the HUD
established value limits for the appropriate year shall be included in the property file.
The records must demonstrate that the estimated after rehabilitation value is at or
below the HOME affordable homeownership limits provided by HUD for affordable
existing housing based on 95 percent of the median purchase price for the area.
Additionally, language regarding maximum after-rehabilitation value and HOME
compliant property standards shall be included in the City’s HOME agreement with
entity.
F. Loan to Value Ratio
The City will take junior lien position only on properties where the LTV ratio does not exceed
90%. The City will only take a third junior lien position with a 90% Loan to Value.
G. Homeowners Insurance
The homeowner shall maintain fire insurance coverage on the property and flood insurance if
the property is within a floodplain. The minimum insurance coverage must be equal to the
replacement value of attached improvements on the property.
H. Household Income
Family gross annual income may not exceed the low-income limits defined as up to 80
percent of the San Bernardino County area median income (AMI) adjusted for household
size and determined annually by the U.S. Department of Housing and Urban Development
(HUD).
For calculating household income, the Part 5 definition of income (24 CFR Part 5.609) must
be used. The PA may use the CPD Income Eligibility Calculator to determine eligibility. The
calculator can be found at https://hudexchange.info/incomecalculator/.
I. Improvements
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In order to qualify and to be eligible, no work shall commence prior to:
I. Application approval;
II. Full execution of OORP Agreement;
III. Full execution of Agreement for Home Improvement for work to be done on the
Principal Residence and;
IV. Full execution by the homeowner of a Promissory Note and Deed of Trust in a form
approved by the City.
IV. Issuance of a Notice to Proceed by the Program Administrator and the City.
J. Contractor Selection
A. Eligibility - All prospective Contractors must submit or must have submitted, within
the past 3 years, a Contractor Application to PA which will allow the PA to collect all
pertinent information to determine contractor eligibility (i.e. DUNS number, Tax ID,
etc). Contractor failure to submit a Contractor Application may result in a “non-
responsive” bid and disqualify the contractor from consideration. Upon Receipt of bids
from prospective contractors, PA will determine contractor eligibility by conducting
the following: Verify Contractor Application is on file; upon confirmation of complete
Contractor Application on file, NPHS shall conduct the following searches for each
prospective contractor: Debarred/Suspended Search (PA shall not conduct business
with contractors who are excluded/debarred from conducting business with any federal
agency. NPHS shall ensure that the prospective Contractor is not excluded/debarred
from conducting business with any federal agency by conducting a search on the
federal System for Award Management website at www.sam.gov. To comply with this
requirement, Contractors must provide their DUNS number on the Contractor
Application. Prospective contractors, who do not have a DUNS number at time of bid
submittal, must request one by accessing the following website:
http://fedgov.dnb.com/webform/displayHomePage.com. Upon conducting the Sam.gov
search, NPHS shall print the search results and place a copy in the project file.
California State License Board (CSLB) Search: NPHS must not conduct business with
Contractors who do not hold an active CSLB license. NPHS shall verify a prospective
Contractor holds an active CSLB license by conducting a search on the CSLB website
at https://www2.cslb.ca.gov/OnlineServices/CheckLicenseII/checklicense.aspx. The
CSLB license must be appropriate for the type of rehabilitation work to be conducted
(i.e. General Contractor, Electrical, Carpenter, etc.) Upon conducting the CSLB search,
NPHS shall print the search results and place a copy in the project file. Better Business
Bureau (BBB) Search, NPHS should not conduct business with contractors who have
negative letter rating score (D+ through F) with the BBB. NPHS shall verify a
prospective Contractor has a positive letter rating score (A+ through C-) with the BBB.
Upon conducting the BBB search, NPHS shall print the search results and place a copy
in the project file.
B. Process (Timeline of 20 days)
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1. Maintain list of qualified, bonded, licensed contractors
2. Manage competitive bid process and secure at least 3 bids
3. Lowest, most responsive and responsible bidder selected by NPHS
4. Contract award letter notifications sent to selected contractors
5. Remit notification letter to non-selected contractors
6. Prepare General Contractor Contract
7. Review final scope of work with city of San Bernardino and contractor p rior to
document execution
8. Ensure contractor begins works no later than 10 days from Notice to Proceed
from NPHS
K. Conflict of Interest
No member of the governing body of the PA or the City and any other official, officer,
employee, or agent of the City Government who exercises policy, decision-making functions or
responsibilities in connection with planning and implementation of the program shall be
directly or indirectly eligible for OORP assistance. This restriction shall continue for two (2)
years after an individual’s relation with the PA or City ends . If individual bears false witness to
Conflict of Interest, the applicant/participant must repay funds. This will also be noted in the
application for individual to attest.
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IV. Lead Based Paint Requirements
As part of the program application, owners are provided with information about the dangers
of lead- based paint and Renovation, Repair, and Painting Rule (RRP) Pamphlets. Evidence
of receipt of this information and owner’s signed and dated statement that LBP was received
is maintained in the project file for at least three (3) years. The lead-based paint requirements
can have a significant impact on the final scope of work. If the housing unit in question was
built prior to January 1, 1978, the lead-based paint requirements apply. PA must have staff
knowledgeable about HUD’s lead-based paint regulations and EPA’s Renovation, Repair, and
Painting Rule (RRP) and must have appropriate certifications/ training submitted to the City
and maintained in project file by both the PA and City. Lead safe work and RRP practices are
used during rehabilitation work on painted surfaces larger than the de minimis amounts
(specified in 24 CFR 35.130(d)) that are known or presumed to have lead, and is all dist urbed
paint routinely and properly repaired. Work must be performed on painted surfaces above the
de minimis threshold amount where lead-based paint is known or presumed in the work area.
Occupants and their belongings are to be protected during work performed. Firms performing
work, the supervisors, and workers must be certified for abatement or RRP, as applicable,
with workers using lead safe work or RRP practices as applicable, if the work was larger than
the de minimus amounts. Evidence of certification is maintained in the project file by the PA.
In the case that the Lead Safe Housing Rule requires temporary relocation, occupants are
relocated to units free of lead hazards and have their belongings are protected. Regarding
workers and occupant safety, Lead Safe Housing Rule (LSHR) and Lead Renovation, Repair,
and Painting (RRP) are shared with the entities and individuals who perform the rehabilitation
work on painted surfaces, such as contractors and subrecipients. Based on the amount of
subsidy provided to the project, different levels of action are required by the PA, as shown in
the following table:
<$5,000 $5,000-$25,000 >$25,000
Approach to
Lead Hazard
Evaluation and
Reduction
Do no harm Identify and
control Lead
hazards
Identify and Abate
Lead Hazards
Notification Yes Yes Yes
Lead
Hazard
Evaluation
Paint testing of surfaces
to be disturbed by
rehabilitation
Paint testing of
surfaces to be
disturbed by
rehabilitation AND
Risk assessment
Paint testing of
surfaces to be
disturbed by
rehabilitation AND
Risk assessment
Lead
Hazard
Reduction
Repair surfaces
disturbed during
rehabilitation, use lead-
safe work practices,
clearance test of work
site upon completion.
Interim controls,
lead- safe work
practices, clearance
test of unit upon
completion
Complete abatement,
lead- safe work
practices, clearance test
of unit upon
completion1
1 Table covers #10-#12 from Exhibit 24-1 : Lead-Based Paint Compliance - Guide for Review of Lead-Based
Paint Compliance in Properties Receiving Federal Rehabilitation Assistance
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Any required lead-based paint inspections (initial and clearance) will be performed
by the PA’s lead-based paint inspector or risk assessor. Documentation of paint
testing report (if testing was performed) performed by a certified lead based paint
inspector or risk assessor is to be maintained in project file. The cost of initial
testing and clearance will be included as part of the owner’s loan or grant. In the
event that an initial clearance test fails, it will be the contractor’s responsibility to
pay for supplemental clearance tests. The contractor engaged to encapsulate and/or
stabilize lead-based paint will not be paid until evidence of a lead-based paint
clearance is presented to the City. Lead-based paint inspection reports and risk
assessments (as applicable) will be provided to the owner and made available to
contractors as an appendix to the Scope of Work. Documentation of notice to
residents such as the Notice of Lead Hazard Evaluation (if test painting was
performed), a Notice of Presumption (if no paint testing was performed), or if
interim controls or abetment are electively performed at this level of rehabilitation
assistance, then a Notice of Lead Hazard Reduction are to be maintained in project
file. PA must maintain documentation of a clearance report showing the unit, or
unit and the worksite if the work was contained, passed clearance (if lead -based
paint is known or presumed to be in the unit and the amount of material to be
disturbed is above the de minimus threshold) in project file. All documentation
must be kept in project file for a minimum of three (3) years.
V. Historic Preservation Process
I. Generally, historic preservation activity will concentrate on rehabilitation,
preservation and selective restoration of public or privately owned properties.
Requirements Assisted preservation activities, must assist in the development
of viable urban communities, by providing decent housing and a suitable
living environment and expanding economic opportunities, principally for
persons of low-and moderate-income. In addition, activities must either give
maximum feasible priority to activities which will principally benefit low-and
moderate-income persons or aid in the prevention or elimination of slums and
blight. Historic preservation may also be conducted outside a slum or blighted
area as part of activities designed to eliminate specific conditions of blight or
physical decay on a spot basis. In such cases where residential rehabilitation is
for other than low and moderate income households, the eligible activity is
limited to the correction of specific conditions detrimental to public health and
safety
II. Section 106 of the National Historic Preservation Act requires to: 1. Consider
the effects of their undertakings on historic properties; and provide the
advisory council on Historic Preservation with a reasonable opportunity to
comment with regard to such undertakings. Compliance with Section 106 is
achieved by initiating procedures the Advisory Council on Historic
Preservation has outlines at 36 DFR Part 800. Section 800.2 (a) recognizes the
certifying officer as having authority to carry out these procedural
responsibilities. The focus of Part 800 is on the City making a determination
whether a proposed project will affect buildings, structures, or places that are
listed on or are eligible for listing on the National Register of Historic Places.
In making this determination, the City must follow a detailed review process
in consultation with the State Historic Preservation Officer (SHPO). This
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process also provides an opportunity for interested persons, agencies, and
Indian tribes to be part of the City’s decision concerning historic properties
that may be affected. It is important to remember that before approval is given
to proceed, the environmental review records must show the Part 800
consultation process was completed.
III. Procedure: the City is to determine whether the project is an undertaking, or
has no potential to cause effects on historic properties. The City must define
the area of potential effects for the undertaking, identify and evaluate historic
properties in the area of potential effects, determine the effect of the
undertaking, asses the effects on listed and/or eligible properties, resolve any
adverse effects.
IV. Compliance documentation required – the ERR should contain one of these
types of documentation; a letter from SHPO that no historic properties will be
affects, the City’s documentation of no historic properties affected and SHPO
does not object within 30 days, the City’s documents on the project meets
stipulations of a Programmatic Agreement executed with SHPO, or a
memorandum of agreement executed between the City and SHPO regarding
mitigation measures that will be implemented to resolve adverse effects.
VI. Required Record Keeping and File Retention
Files will be maintained to document the significant history of OORP activities for all
projects. The PA must maintain these files for a period not less than five (5) years following
completion of the work. After 5 years completed project files will be submitted to the City of
San Bernardino.
Individual activity documentation must be submitted to the City upon project completion.
Individual activity project files must include documents in the Rehabilitation Submittal
Checklist and must include at a minimum:
I. The application and all supporting documentation related to income and owner-
occupancy, and property information reports.
II. Official correspondence and the Rehabilitation Environmental Review.
III. Inspection reports, lead-based paint reports, before and after photographs, work
descriptions, internal estimate, bid evaluation, contractor clearances, contractor
insurance, contractor business license, contractor W-9, recorded Notice of
Completion.
IV. OORP Agreement, construction contract agreement, applicable promissory notes and
deeds of trust, all loan disbursement information including invoices, payment
releases, lien releases, warranties, and copies of payment checks, signed off City
Permits.
V. Documentation on requests for demand, reconveyance, subordinations, and defaults.
VII. Program Changes
At the discretion of the Director or his/her designee, the Progr am may be modified to ensure
timely expenditures of program funds and to otherwise meet the intent of assisting low -
income households.
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VIII. Program Database
For each fiscal year, PA staff will maintain a project database containing the case number,
name, address, telephone number, racial/ethnic data, census tract, block group, household
size, household income, income level (i.e. very low, low, moderate), housing cost burden
percentage, year built, application date, inspection date, Work Description approval date,
expected post-rehabilitation value, grant funds awarded, project soft costs (i.e. title, credit,
asbestos/lead-based paint testing), construction contract amount, contractor payment
information, contract award date, final inspection date, recordation of Notice of Completion
Date, approval of completed work, and project phase (i.e. pre -construction, construction,
complete).
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15
IX. Exhibits
The following exhibits are attached to these Policies and Procedures:
Exhibit A: Rehabilitation Standards
Exhibit B: City of San Bernardino Owner Occupied Rehabilitation Loan Program
Application
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EXHIBIT A – Rehabilitation Standards
92.251(b)(1) of the HOME Rule requires each PJ to develop and follow written rehabilitation
standards in the implementation of rehabilitation programs and projects. The written rehabilitation
standards must “set forth the requirements that the housing must meet upon project completion ...
(and) be in sufficient detail to determine the required rehabilitation work including methods and
materials.”
In order to be eligible for the City’s homeowner rehabilitation program, all work and home repairs
must be completed in accordance with program guidelines and NPHS’ housing rehabilitation
standards as set forth in the City’s Housing Code. The finished rehabilitation work must be free of
any health and Safety Code, Building Code, or other State and local code violations and must, at a
minimum, meet Section 8 Housing Quality Standards (HQS).
The HOME rehabilitation standards are intended to:
Serve as a basis for the initial examination of inspectable items and areas to identify
conditions or deficiencies that must or should be corrected as part of the scope of
rehabilitation;
Outline the options for correcting any condition requiring intervention that can be included
in the project-specific work write-up; and
Define the materials and methods that must be used when a particular repair or replacement
activity is taken, and the quality, durability, and aesthetics of the end product.
The Final Rule indicates that the rehabilitation standards must address:
Any “life-threatening deficiencies that must be addressed immediately if the housing is
occupied”;
The useful life of major systems and structural components of the structure (based on
capital needs assessments or estimates of useful life for different types of housing as
required by the Final Rule);
Lead-based paint hazard control requirements as specified in 24 CFR 35 (and in particular
the rehabilitation standards described in 35.900 - .930);
Accessibility requirements as defined in 24 CFR Part 8, 24 CFR Part 100 and 28 CFR Parts
35 & 36, as may be applicable to the type of housing, and improvements beyond regulatory
requirements;
Disaster mitigation standards where they are needed in accordance with state and local
requirements or as established by HUD
State and local codes, ordinances and zoning requirements (or, in the absence of those
codes, the ICC International Existing Building Code); and
The Uniform Physical Condition Standards at 24 CFR 5.703 (and minimum deficiencies
that must be addressed based on inspect-able items/areas to be specified by HUD from 24
CFR 5.705)
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ELIGIBLE IMPROVEMENTS
In addition to the above-noted improvements, program funds are available for rehabilitation
improvements that are physically attached and permanent in nature as follows:
1. Repairs that remedy existing nonconforming uses such as garage conversions, additions,
etc.
2. Exterior work to help preserve or protect structures, roofing, siding (if significantly
damaged), re-leveling, bracing (including earthquake bracing), repair/replacement of
screens/windows, doors and door locks, structural and/or foundation damage, replacement
of deteriorated attached porch and step structures (i.e., Mobile Home porches made of
plywood).
3. Interior work to make a structure more livable and repair/replace/restore important parts
such as plumbing (i.e., re-pipe and replacement of fixtures), damaged flooring, faulty or
inadequate heating/cooling systems, inoperable built-in appliances, damaged ceilings, water
heaters, electrical wiring and service, painting (if walls are damaged).
4. Weatherization and energy conservation items such as insulation, caulking, weather-
stripping. Fumigation and treatment of termites and pest control.
5. Modifications which aid the mobility of the elderly and physically disabled such as shower
units with seats, lever hardware, retrofitting toilets to achieve adequate height, moving
power points and light switches, ramping, reconstructing doorways, lowering sinks in
kitchens and bathrooms.
6. Testing for the presence of lead-based paint and associated control/abatement, as required.
INELIGIBLE IMPROVEMENTS
1. Installation and/or repair of recreational items such as barbecues, bathhouses, greenhouses,
swimming pools, saunas, television antennas, tennis courts.
2. Luxury items such as carpeting (other than water-damaged or carpeting that is not decent,
safe or sanitary), burglar alarms, burglar protection bars, dumbwaiters, kennels, murals,
flower boxes, awnings, patios, decks and storage sheds/workshops. Any freestanding
appliances such as microwave ovens, refrigerators, dishwashers, and fans.
3. Room additions or extensions
4. Other items deemed ineligible by the Director or his/her designee.
Additionally, The following activities are ineligible if undertaken in isolation, and are eligible only
if they are undertaken as part of a comprehensive rehabilitation program:
Weatherization
Emergency repair
Handicapped accessibility
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STANDARDS FOR REHABILITATION OF HISTORIC PROPERTIES
On historic structures included in the OORP, special requirements must be met under the National
Environment Policy Act and the National Historic Preservation Act of 1966, as amended. OORP
projects will be submitted for review to the State of California, Office of Historic Preservation,
when a unit is within a designated Historic District, identified as a Historically Significant Structure,
on the list of Structures Of Historical Interest or is more than 50 years old. In accordance with the
2014 State Historic Preservation Office (“SHPO”) guidance to the City of Irvine, all mobile homes
and any building less than 50 years in age will not be submitted for review. Under direction from
SHPO, historic properties shall be rehabilitated in accordance with the most appropriate standards
based on the age and architecture of the structure. The basic principle is to preserve the character of
the exterior spaces and surfaces. This generally entails the submission of the Work Description to
SHPO for review and comment.
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EXHIBIT B
City of San Bernardino Owner Occupied
Rehabilitation Loan Program Application
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CITY OF SAN BERNARDINO
OWNER OCCUPIED REHABILITATION PROGRAM
A home repair loan for qualified homeowners
Application
Submit completed application and all requested information to:
Mail, Email or Fax to:
ATTN: Jenny Ortiz
9551 Pittsburgh Ave
Rancho Cucamonga, CA 91730
Email: jortiz@nphsinc.org
Fax: 909-545-8692
Phone: (909) 204-7451
Loan funds are available on a first-come, first-serve basis. Loan is contingent upon the availability of
funds and not guaranteed.
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Dear Homeowner(s):
Neighborhood Partnership Housing Services in partnership with the City of San Bernardino
is pleased to offer Owner Occupied Rehabilitation Loans that assist income qualified
households by providing a deferred loan to rehabilitate owner occupied properties
throughout the City of San Bernardino. The program is designed to assist qualified low
income homeowners with household incomes not exceeding the program income limits.
This will allow qualified households to make necessary repairs on their owner-occupied
single- family homes. The goal of the program is to allow homeowners to correct health and
safety hazards, building code violations, make accessibility improvements, and to provide
decent, safe, and sanitary living conditions.
The Program provides assistance in the form of a forgivable loan up to the
maximum total amount of $40,000 for eligible homeowners.
The loan has zero percent (0%) interest.
The loan will become due in the event of one of the following; property sale, transfer
of title of the property, the applicant ceases to occupy the home as their primary
residence, or the applicant refinances the property to take cash out or receive an
equity line of credit.
In the event that the borrower remains in compliance with the terms of the loan, it
will be forgiven at a rate of twenty percent (20%) per year, starting on the sixth
anniversary of the making of the loan, with the full amount of the loan forgiven on
the tenth anniversary of the making of the loan.
Applications are prioritized for funding purposes on a first-come, first-served basis.
Therefore, you are required to complete and return the application within 30 days. If after
three (3) contact attempts staff has not received your completed application, your file will be
closed and your name will be placed at the bottom of the waiting list. Delays can jeopardize
the funding since, as stated above, funds are available on a first-come, first-served basis.
Staff will go to the next household on the waiting list.
Homeowners whose applications have been accepted for this Program will receive a one-
time forgivable loan in an amount up to $40,000 for eligible home repairs and in accordance
with Program Guidelines and NPHS’ housing rehabilitation standards as set forth in the
Housing Code. The finished rehabilitation work must be free of any Health and Safety
Code, Building Code, or other State and local code violations and must, at a minimum,
meet Section 8 Housing Quality Standards (HQS).
No member of the governing body of the PA or the City and any other official, officer,
employee, or agent of the City Government who exercises policy, decision-making functions
or responsibilities in connection with planning and implementation of the program shall be
directly or indirectly eligible for OORP assistance. This restriction shall continue for two (2)
years after an individual’s relation with the PA or City ends. If individual bears false witness to
Conflict of Interest, the applicant/participant must repay funds. This will also be noted in the
application for individual to attest.
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TO BE ELIGIBLE, YOU MUST:
1. Be an individual residing in an owner-occupied single-family property, manufactured
housing or own a membership in a cooperative or mutual housing project that constitutes
homeownership under state law in the City of San Bernardino proper.
2. Be listed on title as the legal owner of the subject property and permanently reside in
dwelling in need of repairs. If property is owned by more than one person, all legal owners
must execute the necessary covenant-agreement documents.
3. Have owned and resided in the dwelling in need of repair no less than one (1) year prior to
submitting application.
4. Not own or have interest in any real property other than the subject property.
5. Have a maximum total family income of 80% Area Median Income (AMI) (all adult
members of the household must submit income verification for all sources of income) of
no more than:
1 person household $40,250
2 person household $46,000
3 person household $51,750
4 person household $57,450
5 person household $62,050
6 person household $66,650
7 person household $71,250
8 person household $75,850
(2019 HUD Income Guidelines for the HOME Investment Partnerships (HOME) Program)
The San Bernardino Owner Occupied Rehabilitation Program requires the completion of the
application and all requested documents be submitted in order to be considered for the
program. The following is a list of what information you will be required to provide in order to
initially submit a completed application.
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Checklist
PROOF OF HOUSEHOLD MAKE-UP
o Copy of California Driver’s license/identification card of ALL homeowners
o Copy of the applicant’s most recent three (3) years of Federal Income Tax return and W-2 forms to
support the stated household size or a letter from the Internal Revenue Service (IRS) stating you
were not obligated to file income taxes for the preceding calendar year, and
PROOF OF HOME OWNERSHIP
o If you own a Single-family home, please attach a COPY of the recorded Grant Deed, a copy of the
most recent Property Tax Bill for your property, and a copy of the most recent Mortgage
Statements for your property.
PROOF OF RESIDENCY
o You must reside at the address named on the application.
o Attach a copy of two (2) current, different utility bills (i.e., water, gas, telephone, or electricity bill)
to your application.
PROOF OF HOMEOWNERS INSURANCE
o Copy of the homeowners insurance policy and flood insurance if located in a flood zone
PROOF OF INCOME ELIGIBILITY
o Provide copies of the most recent three (3) months monthly bank statements/investment
statements for all accounts including retirement accounts. If you have more than one bank
account, please provide copies of the most recent three (3) months bank statements/investment
statements including retirement accounts for each account.
Along with the proof of income eligibility documents, provide all applicable documents below:
Employed
o Provide copies of the most recent three (3) months of paycheck stubs;
Self-Employed
o Provide copies of YTD profit & loss statement, balance sheet, and cash flow statement;
Social Security/disability income
o If you are receiving Social Security, annuities, insurance policy benefits, retirement funds,
pensions, unemployment, disability or death benefits, worker’s compensation, severance
pay, alimony, child support, or Armed Forces income, please attach a copy of the
entitlement letter or equivalent;
Public Assistance
o If the applicant(s) is receiving AFDC, other public assistance, or welfare income a copy of the
benefit statement shall be required from the Department of Social Services or other agency
that states the amount of benefits;
NOTE: Applications without the required proof of HOUSEHOLD, OWNERSHIP, RESIDENCY, HOMEOWNERS
INSURANCE, and INCOME as described above will be considered incomplete. All incomplete applications will
not be processed.
Staff will review your completed application to determine whether you are eligible for assistance. At this
time, please DO NOT request bids or hire a contractor. If you are deemed eligible to participate in the
program you will be notified.
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APPLICATION
( )
(1) Applicant Name Mr. Mrs. Ms. Social Security No. Home Phone
( )
(2) Co-Applicant Name Social Security No. Home Phone
Street City State Zip Code
(3) Property Address
Street City State Zip Code
(4) Mailing Address (If different from above)
(5) Total Number of Persons in household:
List all OTHER members who live in your home at the time of application.
Full Name Age Relation to Owner(s)
(6) Total Monthly Gross Income $
Source of Income: (Please indicate amount)
Social Security Income (SSI) $ Disability Income (SSI) $
Workers Compensation $ Pension (SSI) $
Alimony/Child Support $ Investment $
Employment Income $ Self Employment Income $
Other Income: $
(7) What is the age of the head of household?
(Please check only one)
Under 18 years 18 to 24 years
25 to 44 years 45 to 59 years
60 to 64 years 62 years or older
(8) Marital Status
Married Divorced Legally Separated
Widower/Widow Single
(9) What is the gender of the head of household?
Male Female
(10) Is the applicant or co-applicant handicapped?
Yes No
(11) Is the applicant or co-applicant permanently
disabled? Yes No
Neighborhood Partnership Housing Services Inc. does not
discriminate on the basis of disability status in the admission or
access to, or treatment or employment in, its federally assisted
programs and activities. Section 504 (24 CFR, part 8 dated June
2, 1988).
(12) I/We currently:
Own my/our house free and clear
Have a mortgage to pay off
Lease with an option to buy
Other:
(13) Are you a Veteran of the U.S Armed Forces?
[ ] Yes [ ] No
(14) Are you the OWNER-OCCUPANT of the property to be
repaired? Yes No
(15) How many years have you occupied the home?
Less than 1 year 1 to 5 yrs Over 5 yrs
Not an Occupant
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(16) My/Our residence is a:
Single-Family Home Mobile Home
Unit in a Co-Op or Condominium Other:
(17) How many bedrooms in your home?
1 bedrooms 2 bedrooms [ ] 3 bedrooms
4 bedrooms 5 or more bedrooms
(18) What year was the house built? (19) What year did you buy the house?
(20) How did you first hear about this Program?
Referral from City of San Bernardino Referral from Public Housing Waiting List Friend/ Relative
Community Bulletin Board/Flyers Referral from another Department/Agency Other:
(21) Have you had this service before? Yes No If yes, what year?
(22) Briefly describe the repairs needed. Attach a separate sheet if more room is necessary.
1.
2.
3.
4.
5.
6.
7.
Application Affidavit
You are hereby signing this Application Affidavit under the False Claims Act, 31 U.S.C. §§ 3729-3733, those who
knowingly submit, or cause another person or entity to submit, false claims for payment of government funds are liable
for three times the government’s damages plus civil penalties of $5,500 to $11, 000 per false claim.
Applicant Signature: Co-applicant Signature:
Applicant Name: Property Address:
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Signature of Applicant Date
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INCOME TAX AFFIDAVIT
I (we) the undersigned, being first duly sworn, state the following: (Please check all that apply)
(Check and complete Number 1 & 2 if you were not required by law to file a Federal Income Tax Return.)
1. I (we) hereby certify that I (we) was (were) not required by law to file a Federal Income Tax Return for the
following year(s) for the reason(s) below:
Form 4506-T “Request for Transcript of Tax Return” must be submitted to the IRS for verification of non-filing
status.
2. I (we) certify that I (we) cannot produce a copy of a signed federal tax return. I (we) agree that I (we) will provide
NPHS with the following:
A Transcript of Tax Return by completing Form 4506T
(Check and Complete Number 3 if you are providing the City with acceptable tax documentation other than
copies of tax fillings.)
3. I (we) certify that I (we) filed Form 1040EZ /1040A/1040 for Tax Year (s) . I am providing this certification in
addition to a tax account summary provided by the IRS since I cannot produce a copy of the tax filing.
(Check and complete Number 4 only if the Owner Occupied Rehabilitation Application is submitted between
January 1 and April 15 and you have not yet filed a Federal Income Tax Return for the previous year, but intend to
file.)
4. I (we) hereby certify that I (we) have not yet filed a Federal Income Tax Return for the previous tax year. I hereby
certify that the information submitted to NPHS is in accordance and consistent with the tax documentation
which I (we) intend to submit for the previous tax year. I (we) agree that I will provide NPHS with a copy of my
tax filing documents no later than April 16 of this year.
CERTIFICATION OF ALL APPLICANTS
By my (our) signature below, I (we) certify that the above information is true. I (we) understand that NPHS / City of
San Bernardino can revoke any funds granted upon discovery of an Applicant’s material misstatement, whether
negligent or fraudulent.
Signature of Applicant Date
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Co-Applicant
Signature
Dat
e
55600.00100\32896365.1
HOUSEHOLD SIZE AFFIDAVIT
I (we) the undersigned, being first duly sworn, state the following: (Please check all that apply)
1. I (we) hereby certify that my (our) household size is and income limits do not exceed the established
limits for household size indicated in the Owner Occupied Rehabilitation Program application.
(Check and complete Number 2 only if you share ownership of property with someone not residing in the
property)
2. I (we) hereby certify that I (we) share title of ownership with someone other than those residing in my (our)
household on the Owner Occupied Rehabilitation Program application. I (we) hereby certify that the
information submitted to NPHS is in accordance and consistent with the tax documentation which I (we)
submitted. I agree that I will provide NPHS with a copy of my tax filing documents or proof of non-filing, which
will be used to determine household size.
Applicant Signature Date
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RIGHT OF ENTRY
Right of Entry:
I/We the undersigned hereby consent to allow authorized representatives of NPHS to enter my/our place of residence
for the purpose of evaluating the housing repairs needed described herein. The undersigned and the representatives of
NPHS will perform this evaluation jointly.
I/We understand NPHS shall receive all repair estimates within 15 calendar days from three (3) licensed contractors
following the receipt of a Project Cost Estimate/Bid that is prepared by an authorized representative of NPHS. Failure to
do so will result in no further processing of my/our application and transferring committed funds to another eligible
project.
Please initial here / .
Applicant Signature Date
Co-Applicant Signature Date
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Credit Report Request & Authorization
Applicant Personal Information Co-Applicant Personal Information
Last Name First MI Last Name First MI
SSN Date of Birth Suffix SSN Date of Birth Suffix
Address Apt Address Apt
City State Zip City State Zip
Authorization
I authorize NPHS to pull my credit report, and review my credit file in connection with my participation in
NPHS' Programs, using an online credit reporting source.
(a) Initial if Applicant and Co-Applicant are married
(b) Initial if you are authorizing NPHS to process a one-time transaction. Fee to be charged: Single-
$25.00. Couples will be charged at the single rate for a total of $50.00. Payments can be made by cash or check only.
I understand that information about services provided to me may be used to conduct research and reporting, related to
service needs, income supports, education and employment, and program effectiveness. The use of this information for
research and reporting may last beyond the actual delivery of current services. My name, social security number, or any
other information that would identify me personally will never appear on research or a report. I understand that any
intentional or negligent representation(s) of the information contained on this form may result in civil liability and/
or criminal liability under the provisions of Title 18, United States Code, Section 1001.
Applicant Signature Date Co-Applicant Signature Date
Staff use only
Payment type:
□ Cash
□ Check #
Report run by:
Staff initials
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City of San Bernardino Owner Occupied Rehab Program Cover
Sheet
Applicant:
Address:
Phone Number:
Is the eligible property a: Single Family Residence Townhome Condominium
Other Eligible Residence
Is the property within the San Bernardino city limits? Yes No
Is the applicant income qualified? Yes No
Household annual Income:
Income level: Extremely Low (30%) Very Low (50%) Low (80%)
Number of Persons in Household:
Based on the information provided by the applicant and the eligibility criteria entered above, we
find the applicant to be eligible ineligible to participate in the City of San Bernardino
Owner Occupied Rehabilitation Program.
Reviewer’s Approval: Date:
Name Printed: Title:
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City of San Bernardino
Submittal Checklist
Single Family Rehabilitation Loan
Property Owners: ______________________________________________________________________
Property Address: ______________________________________________________________________
Item Attached Comments
Environmental/ Historical Review
Property Profile Year Built:_____ LBP requirements apply?
Environmental Clearance SHPO clearance (properties 50+ years)
Property in flood zone/need flood insurance:
Photographs Need front and side views of subject property,
view down the street (both directions), and
pictures of properties adjacent to an in front of
the subject property
Work Write-up
Eligibility Review
Loan request form
Documentation review LTV:
Copy of application
Income documents and certification
Evidence that property taxes are current
Evidence of current property insurance
Current Mortgage statement (if applicable)
Evidence of owner-occupancy in preceding
12-months
Homeowner release & waiver
Verification of After-Rehab Value
Adherence to Written Rehabilitation
Standards
Project completion
Executed loan documents Promissory Note Deed of Trust
Covenant
3 day right of rescission
Loan Services Agreement
Title Preliminary Report
Recorded Notice of Completion
Copy of appraisal Verify after rehab value:
Copy of Insurance Loss Payee
Endorsement Form
Lead Based Paint Compliance
LBP applicability checklist
Risk Assessment For pre-1978 properties with rehab work over
$5K
Clearance Report For pre-1978 properties
LBP Pamphlet Acknowledgement and
notice
For pre-1978 properties
Construction Management Records
Documentation of Initial Inspection
General Contractor Agreement with final
work write-up/ bid
Contractor Requirements/Contractor
Eligibility
Contractor’s License Specialty License
Lead EPA certification CSLB License
Status Verification GL Insurance
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Item Attached Comments
Auto Insurance Workers Comp
Non-debarment City Business License
Contractor Clearance of HUD
Suspension/Debarments
Contractor selection
Bid analysis and copies of bids not selected
Notice to Proceed
Permits
Before & After photos
Final work inspection
Miscellaneous
Payments (progress, final, and retention)
Payment supporting documentation Invoices Lien Releases
Work Inspections
Approval of Work Change Orders
Certification rehab standards met
Warranties
Miscellaneous
Comments
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Homeowner Income Calculation
Monthly Projection: $0
Annual Projection: $0
Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Co-Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0.00
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0.00
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Co-Borrower:
Pay Stub 1
Pay Stub 2
Pay Stub 3
Pay Stub 4
Average: $0.00
Frequency of pay:
Annual Income: $0
Monthly Income: $0
Date:
?? % AMI
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OORP LOAN TO VALUE Worksheet
Applicant(s):
Property Address:
Property Purchased
'i. ' /-
Mortgage: $ -
City of San Bernardino OORP Loan (MAX LOAN VALUE) $ 40,000
Total $ 40,000
Comparable Median Sales Value
Loan To Value I
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SAN BERNARDINO OWNER-OCCUPIED REHABILITATION PROGRAM
Pre-Inspection Record
Applicant:
Property Address:
Phone Number:
Date of inspection:
Residence Type: Single Family Residential
Year Built:
Home Sq. Ft/size:
Repairs Requested:
Repairs:
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SITE-SPECIFIC FIELD CONTAMINATION CHECKLIST
Completing the form requires a site visit by the preparer. The preparer should be sure to observe the
property by walking through the property and the building(s) and other structures on the property to
the extent possible and observing all adjoining* properties.
PREPARER MUST COMPLETE CHECKLIST IN ITS ENTIRITY
Date of Visit: Time: Weather Conditions:
Program Name:
Project Location/Address:
Property Owner:
Attach the following, as appropriate:
Photographs of site and surrounding areas Maps (street, topographic, aerial, site map, etc.)
QUESTION
Is there evidence of any of the following?
OBSERVATION
SUBJECT
PROPERTY
ADJOINING
PROPERTIES
Is the property or any adjoining property currently used, or has evidence of
prior use, as a gasoline station, motor vehicle repair facility, printing
facility, dry cleaners, photo developing laboratory, junkyard, or as a
waste treatment, storage, disposal, processing or recycling facility?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any damaged or discarded automobile(s), automotive or
industrial batteries, pesticides, paints, or other chemicals in individual
containers greater than 5 gal in volume or 50 gal in the aggregate, stored
on or used at the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any industrial drums (typically 55 gal) or sacks of chemicals,
herbicides or pesticides located on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Has fill dirt been brought onto the property or adjoining properties that
originated from a suspicious site or that is of an unknown origin?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any pits, ponds, or lagoons located on the property or adjoining
properties in connection with waste treatment or waste disposal?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Is there any stained soil, distressed vegetation and/or discolored water
on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are there any storage tanks, aboveground or underground (other than
residential), located on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
*Adjoining properties: Any real property or properties the border of which is contiguous or partially contiguous with that of the property, or that would be
contiguous or partially contiguous with that of the property but for a street, road, or other public thoroughfare separating them.
DRAFT HU7D/1-6R/178-5-4-12
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QUESTION
Is there evidence of any of the following?
SUBJECT
PROPERTY
ADJOINING
PROPERTIES
Are there any vent pipes, fill pipes, or underground tank access ways
visible on the property or adjoining properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Are any flooring, drains, walls, ceilings, or grounds on the property or
adjoining properties stained by substances (other than water) or emitting
noxious or foul odors or odors of a chemical nature?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Is the property served by a private well or non-public water system? (If
yes, a follow-up investigation is required to determine if contaminants have
been identified in the well or system that exceed guidelines applicable to the
water system, or if the well has been designated contaminated by any
government environmental/health agency.)
YES
NO
UNKNOWN
Has the owner or occupant of the property been informed of the existence
of past or current hazardous substances or petroleum products or
environmental violations with respect to the property or adjoining
properties?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Do the property or adjoining properties discharge wastewater (not
including sanitary waste or storm water) onto the property or adjoining
properties and/or into a storm water system?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
Is there a transformer, capacitor, or any hydraulic equipment on the
property or adjoining properties that are not marked as “non-PCB”?
YES
NO
UNKNOWN
YES
NO
UNKNOWN
If answering “YES” or UNKNOWN” to any above items, describe the conditions:
Use photographs and maps to mark and identify conditions. Attach more information as needed.
Is further evaluation warranted? YES NO UNCERTAIN
Preparer of this form must complete the following required info rmation.
This inspection was completed by:
Name:
Title:
Phone Number:
Email:
Agency:
Address:
Preparer represents that to the best of his/her knowledge the above statements and facts are true and correct
and to the best of his/her actual knowledge no material facts have been suppressed, omitted or misstated.
Signature: Date:
DRAFT HUD-R7-5-4-12
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City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM BID
COMPARISON
(Client Name & Property Address) San Bernardino CA 9####
#
ITEM
Contractor 1
Contractor 2
Contractor 3
1
2
3
4
5
6
7
8
9
Total BID Amount $0.00 $0.00 $0.00
Permits
Bid Subtotal $0.00 $0.00 $0.00
addition to bid
TOTAL w/ OPTION and ADDENDUM
TOTAL $0.00 $0.00 $0.00
Lowest Bid Middle Bid Highest Bid
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Neighborhood Partnership
Housing Services City of San Bernardino
City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM BID
ACCEPTANCE FORM
Property Owner:
Property Address:
Home Phone: Work Phone:
CONTRACTOR’S NAME:
Address:
City/State/Zip:
License Number: Phone Number:
I/We the Owner(s), of the above named property, have accepted the
attached bid proposal to rehabilitate our property.
Owner: Date
NOTE:
It is the responsibility of the Contractor to obtain the
necessary permits from the pertaining City.
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Neighborhood Partnership
Housing Services City of San Bernardino
City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM
GUARANTY FORM
The undersigned guarantees the completion of said residential rehabilitation
for:
(Address)
In the event your bid is selected by the program applicant and NPHS you, the
Contractor, guarantee the following:
Should any of the materials or equipment prove defective or should the work as a whole
prove defective, due to faulty workmanship, material furnished, or methods of
installation, or should the work or any part thereof fail to operate properly as originally
intended and in accordance with the Project Cost Estimate/Bid and/or manufactures
specifications, due to any of the above causes, all within twelve (12) months after the
date on the Acceptance and Approval of Completed Work form, the undersigned
agrees to reimburse the Owner, upon demand, for its expenses incurred in restoring
said work to the condition contemplated in the Project Cost Estimate/Bid, including the
cost of any such equipment or material replaced and the cost of removing, and
replacing of any other work necessary to make such replacement or repairs, or, upon
demand by the Owner, to replace any such materials and to repair said work completely
without cost to the Owner so that said work will function successfully as originally
contemplated.
The Owner shall have the unqualified option to make any needed replacements or
repairs itself or to have such replacements or repairs done by the undersigned.
The undersigned agrees that the repairs shall be made and such materials as are
necessary shall be furnished and installed within the time limit designated by the Owner.
If the undersigned fails or refuses to comply with their obligations under this guaranty,
the Owner shall be entitled to all costs and expenses, including attorney's fees,
reasonably incurred by reason of said failure or refusal.
Company Name:
Signature: Title:
Date:
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55600.00100\32896365.1
AGREEMENT FOR HOME IMPROVEMENT
THIS AGREEMENT, hereinafter called the AGREEMENT, is made this day of
, 2020, by and between , hereinafter called the
CONTRACTOR, and , hereinafter called the OWNER.
WITNESSETH, that the CONTRACTOR and OWNER for the consideration stated herein
mutually agree as follows:
ARTICLE 1: Statement of Work. The CONTRACTOR shall furnish all supervision,
technical personnel, labor, materials, machinery, tools, equipment, fixtures and services
including transportation services, and perform and complete all work required for
rehabilitation of the property described below in an efficient manner, as follows:
Residential property located at: , San Bernardino, CA
9240_, hereinafter called the PROPERTY, all in strict accordance with documents for
home improvement, as prepared by City of San Bernardino, hereinafter called CITY.
The OWNER will not request nor will the CONTRACTOR provide any additional work
other than that which is listed in the City-approved scope of work or change order.
ARTICLE 2: Contract Price; Retention. The OWNER will pay the CONTRACTOR for
performance of this contract, in current funds, the contract price of 00/00 ($00,000.00).
To ensure the CONTRACTOR’s faithful performance of this contract, ten percent (10%)
of each progress payment will be retained by the OWNER and separately accounted for.
Upon CONTRACTOR’s completion of all of the work and the recordation of a notice of
completion by the OWNER, the retained amount shall be paid to the CONTRACTOR,
less an amount reasonably necessary to compensate the OWNER for any defect in the
work or other unsatisfactory performance of the work.
ARTICLE 3: Agreement. In addition to the provisions hereof, this AGREEMENT
includes all terms and provisions of the following documents, all of which are
incorporated by reference:
a. General Conditions attached hereto
b. Addenda to this AGREEMENT, if any
c. CONTRACTOR’s bid for rehabilitation of structure
d. Architectural plans, if any
e. Scope of work
f. Work schedule
g. List of subcontractors, if any
h. Notice to Proceed
This AGREEMENT, together with the other documents enumerated in this ARTICLE 3,
which said other documents are as fully a part of this AGREEMENT as if hereto attached
or herein repeated, forms the contract between the parties hereto.
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ARTICLE 4: Administration. This AGREEMENT shall be administered by Neighborhood
Partnership Housing Services, a California corporation, hereinafter called NPHS.
Administration of this AGREEMENT by NPHS shall include, without limitation:
a. Approving, and obtaining CITY approval of, all improvements to be performed
pursuant to this AGREEMENT, in advance of construction. This includes all
change orders.
b. Ensuring compliance with all laws, including without limitation the
requirements of the HOME Investment Partnership program, hereinafter
called HOME, as administered by the United States Department of Housing
and Urban Development, hereinafter called HUD.
c. Inspecting the PROPERTY during rehabilitation to ensure compliance with
this AGREEMENT.
d. Reviewing invoices submitted by CONTRACTOR and its subcontractors, if
any. CONTRACTOR shall verify to NPHS that subcontractor invoices are
reasonable and the work has been completed properly.
ARTICLE 5: CONTRACTOR Cooperation. CONTRACTOR understands and agrees
that the funding that will be used to pay CONTRACTOR for the work done pursuant to
this AGREEMENT has been obtained CITY from HUD pursuant to the HOME
program and must be utilized in compliance with the requirements of that program.
CONTRACTOR agrees to cooperate fully with CITY, NPHS, HUD, and all other
governmental agencies in ensuring and verifying such compliance, including without
limitation any audit. This provision shall survive the expiration or termination of this
AGREEMENT.
ARTICLE 6: Term. This AGREEMENT shall commence upon its execution by both
parties and shall continue in effect until all work to be performed by CONTRACTOR
under this AGREEMENT has been completed to the written satisfaction of OWNER,
NPHS, and CITY.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed in one original and two copies on the date and year first above written.
OWNER
By By
PHONE: ( )
ADDRESS: , San Bernardino, CA 9240_
CONTRACTOR
By:
Title: Contractor
Phone: ( ) Lic.#: _
Address:
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GENERAL CONDITIONS
(Capitalized terms have the meaning assigned to them in the foregoing AGREEMENT
FOR HOME IMPROVEMENT between CONTRACTOR and OWNER, of which these
General Conditions are a part.)
Contractors are licensed and regulated by the Contractors State License Board, located
at 9821 Business Park Drive, Sacramento, CA 95827; Mailing Address: P.O. Box 26000
Sacramento, CA 95826. Any questions regarding a contractor may be referred to the
Board at the preceding addresses.
1. CONTRACTOR agrees to begin construction within three (3) days of the
issuance of a Notice to Proceed by the CITY and to complete the work within
days after commencement.
2. CONTRACTOR shall provide and pay for all labor, materials, services, license
fees, and all items necessary for the proper completion of the construction work.
3. CONTRACTOR shall, before being entitled to receive any payment or progress
payments hereunder, furnish OWNER, NPHS, and CITY with labor and
material invoices and lien releases, covering work done and materials furnished
for construction in an amount not less than the total prior payments made.
4. CONTRACTOR is prohibited from using lead-based paint in any work
done pursuant to the AGREEMENT.
5. Payments will be made on approval of work and in accordance with the CITY
policy regarding payment. Currently, for projects under $10,000.00, one
check will be issued after completion of the work (see below for
requirements). For larger amounts, progress payments will be made in
accordance with the schedule for progress payments.
6. After the final inspection and acceptance of all work under the contract by
OWNER, NPHS, and CITY, including clean-up, the CONTRACTOR may submit
the requisition for final payment for approval.
7. Prior to final payment and as a condition hereto, CONTRACTOR shall provide a
Labor and Material Lien Release on a form accepted by the building industry
from all workers, sub-contractors, and material suppliers. This release will set
forth the undisputed balance due the CONTRACTOR under the contract and
duly approved change orders; a listing of additional amounts of outstanding and
unsettled items which the CONTRACTOR claims are just and due and owing by
OWNER to CONTRACTOR; a certification that work under the contract has been
performed in accordance with the term thereof, and that there are no unpaid
claims for materials, supplies or equipment and no claims of laborers or
mechanics for unpaid wages arising out of the performance of the contract.
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8. CONTRACTOR shall, for the duration of the AGREEMENT, continuously
monitor the contracted work to determine that the work write-up and/or
architectural plans are consistent with all applicable laws, ordinances and
codes. Where the CONTRACTOR discovers that the work write-up and/or
plans fail to meet code compliance, the CONTRACTOR shall immediately
report all such findings to NPHS and CITY.
9. In the event CITY or NPHS, through inspection, ascertains that the contracted
work is incomplete, the CONTRACTOR shall amend the contract through a
change order "Addendum", as referred to in Article 3 of the foregoing HOME
IMPROVEMENT AGREEMENT. Said change order shall identify all code
deficiencies and required corrections.
No change orders are allowable unless specifically approved in writing by the
OWNER, NPHS, and CITY. No claim for an adjustment of the contract price will
be valid unless so ordered.
10. The CONTRACTOR shall give all notices required by law and comply with all
applicable laws, ordinances, codes of the CITY and the requirements of the
CDBG Program. The CONTRACTOR shall obtain all required permits and
licenses prior to commencing work.
11. CONTRACTOR agrees to keep in full force and effect at CONTRACTOR'S own
expense during the entire term of the AGREEMENT the following policies of
insurance:
a. CONTRACTOR and each of its subcontractors shall maintain
comprehensive automobile liability insurance of not less than One Million
Dollars ($1,000,000) combined single limit per occurrence for each
vehicle leased or owned by CONTRACTOR or its subcontractors and
used in performing work under the AGREEMENT.
b. CONTRACTOR and each of its subcontractors shall maintain worker’s
compensation coverage in accordance with California workers’
compensation laws for all workers under CONTRACTOR’s and/or its any
of its subcontractors’ employment performing work under the
AGREEMENT.
c. CONTRACTOR shall maintain commercial liability insurance, including
coverage for personal injury, death, property damage and contractual
liability, with a limit of at least One Million Dollars ($1,000,000), including
products and completed operations coverage. Said insurance shall be
primary insurance with respect to any coverage maintained by CITY and
the policy shall so provide. CONTRACTOR shall require and ensure that
all general liability insurance policies covering work under the
AGREEMENT, whether obtained by CONTRACTOR or CONTRACTOR’s
contractors or subcontractors, include CITY and its officers, agents, and
employees as additional insureds. If required by CITY from time to time,
CONTRACTOR shall increase the limits of CONTRACTOR’s liability
insurance to reasonable amounts customary for contractors performing
work similar to the work to be performed under the AGREEMENT.
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d. CONTRACTOR shall maintain builders’ risk/property insurance during
the course of construction, and upon completion of construction if
requested by CITY, and property insurance covering the property to
be rehabilitated, in form appropriate for the nature of such property,
covering all risks of loss, excluding earthquake, for one hundred
percent (100%) of the replacement value, with deductible, if any,
acceptable to CITY, naming CITY as a loss payee.
e. Flood insurance must be obtained if required by applicable
federal regulations.
Concurrent with the execution of the AGREEMENT, and prior to the
issuance of a Notice to Proceed and the commencement of any work,
CONTRACTOR shall deliver to CITY copies of policies or certificates
evidencing the existence of the insurance coverage required herein, which
coverage shall remain in full force and effect continuously throughout the
term of the AGREEMENT. Each policy of insurance that CONTRACTOR
purchases in satisfaction of the above insurance requirements, except
workers compensation, shall be endorsed naming CITY and its officers,
agents, and employees as additional insureds, and shall provide that,
except with respect to the coverage limits, insurance applies to each
named and additional insured as though a separate policy were issued to
each. Each policy shall provide for a waiver of subrogation as against
CITY and its officers, agents, and employees, and shall provide that the
policy may not be cancelled, terminated or modified, except upon thirty
(30) days’ prior written notice to CITY.
CONTRACTOR shall further comply with all applicable state laws and
regulations as they relate to labor requirements, minimum wage
requirements, safety orders, and such other federal and state laws and
regulations as may govern employment, safety, wage and benefit
standards, including without limitation all nondiscrimination provisions.
12. NPHS and CITY shall have the right to examine and inspect rehabilitation work
included in this contract. Any orders or instructions to the CONTRACTOR will be
given by OWNER or NPHS, upon prior approval by CITY. CITY and NPHS shall
be permitted to examine and inspect all subcontracts, materials, equipment,
payrolls and conditions of employment pertaining to the work, including all
relevant dates and records.
13. CONTRACTOR agrees that work premises shall be kept clean each day and
orderly during the course of the work and, upon completion of work, to remove all
debris and surplus materials from the property and to leave said property in a
neat and broom-clean condition.
14. CONTRACTOR guarantees that all materials and equipment furnished
by CONTRACTOR shall be new and of good quality and manufacturers'
and suppliers' written guarantees and warranties covering said materials
and equipment furnished under the contract shall be provided to the
OW NER.
15. Neither the final payment nor partial or entire use of the premises by OWNER
shall constitute an acceptance of work not done in accordance with the
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AGREEMENT or relieve the CONTRACTOR of liability in respect to any express
warranties or responsibility for faulty materials or workmanship. The
CONTRACTOR shall promptly remedy any defects in the work, and pay for any
damage to other work resulting therefrom, which may appear WITHIN A
PERIOD OF ONE YEAR with the exception of roofs where a minimum five year
warranty must be provided from the date of final acceptance of the work unless a
longer period is specified. The OWNER will give notice of observed defects with
reasonable promptness.
16. CONTRACTOR or subcontractors contracting for any part of the work under
theAGREEMENT shall not work or permit work to be done on Sunday or CITY
holidays without prior approval of the CITY. (Holidays include: New Year's Day,
Memorial Day, Independence Day, Labor Day, Thanksgiving Day, and
Christmas.)
17. OWNER may continue to occupy the premises during rehabilitation work, but will
cooperate with the CONTRACTOR in a reasonable manner, keeping
interference to a minimum and abandoning limited areas as may be essential to
conduct the work.
18. Existing utility services will be available to CONTRACTOR without
charge, including: electricity, gas, and water.
19. Time is of the essence and work shall be accomplished as quickly and
expeditiously as possible. In the event completion of the work is delayed beyond
the due date set forth in this contract for any reason other than willful failure or
refusal by the OWNER to cooperate or the causes specified in Section 20,
CONTRACTOR shall pay to OWNER the sum of ONE HUNDRED DOLLARS
($100.00) per day as fixed, agreed and liquidated damages for each calendar
day of delay from the above date stipulated for completion, or as modified in
accordance with any approved change orders, until such work is satisfactorily
completed and accepted. Such liquidated damages may be deducted from the
final payment. Where the project cost is paid for by both the OWNER and CITY,
such liquidated damages shall be shared on a prorata basis.
20. CONTRACTOR shall not be charged with liquidated damages pursuant
to Section 19 for any delay in the completion of work due to:
a. Any act of government, including controls or restrictions on or
requisitioning of materials, equipment, tools or labor by reason of
war, national defense, or any other national emergency.
b. Any act of OWNER.
c. Causes NOT reasonably foreseeable by the parties to the
AGREEMENT at the time of its execution which are beyond the control
of, and occur without fault or negligence by, the CONTRACTOR,
including but not restricted to acts of another contractor in the
performance of some other contract with the OWNER, fires, floods,
epidemics, quarantine restrictions, strikes, freight embargoes and
weather conditions.
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d. Any delay of any authorized subcontractor occasioned by any of
the causes specified in paragraphs (a), (b), and (c) above.
Provided however, that CONTRACTOR must promptly (within ten days)
notify the OWNER and NPHS, in writing, of the cause of the delay. If the
facts show the delay to be properly excusable under the terms of this
contract, the OWNER shall extend the contract time, subject to the
CITY'S approval, by a period commensurate with the period of excusable
delay.
21. In the event CONTRACTOR fails or refuses to complete the work as set forth in
the schedule incorporated into the AGREEMENT, or fails or refuses to use due
diligence in performing the required alterations and improvements, and in the
further event that such failure, refusal or default continues for 48 hours after
delivery to CONTRACTOR of a written notice to cure such default, then the
OWNER may terminate the AGREEMENT by written notice to CONTRACTOR,
and upon delivery of such notice, CONTRACTOR shall immediately surrender
possession of the premises and remove all equipment and materials therefrom.
CONTRACTOR shall, upon such termination, deliver materials and labor lien
releases, executed by all persons and firms supplying labor and/or materials to
the premises, and OWNER shall be obligated to pay CONTRACTOR only the
dollar amounts specified for the portion of the work completed by CONTRACTOR
and accepted by OWNER and CITY to the date of termination. In computing the
amount due, CONTRACTOR shall not be entitled to any allowance for overhead,
profit, insurance or other items listed in the total contract price on the bid form.
Payment shall be made to CONTRACTOR only after the total job has been
completed and under the terms and conditions as set forth in the AGREEMENT.
22. All claims and disputes relating to this contract shall be settled by arbitration in
accordance with the rules of the American Arbitration Association for the
construction industry. Should either party bring suit in court to enforce the terms
hereof, any judgment awarded shall include court costs and reasonable
attorney's fees to the prevailing party.
23. The parties hereto agree to hold harmless and defend, with counsel reasonably
acceptable to CITY, CITY and each of its officers, employees and agents from
all claims, damages, costs or expenses that may arise because of property
damage and/or personal injury resulting from or out of the course of performing
the work hereunder which may be caused by the willful or negligent act or
omission by CONTRACTOR or any of its employees, agents, or subcontractors.
24. CONTRACTOR will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin or disabilities.
CONTRACTOR will take affirmative action to ensure that applicants are
employed, and that employees are treated during employment, without regard
to their race, color, religion, sex, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of
pay or other forms of compensation; and selection for training, including
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apprenticeship.
CONTRACTOR will comply with all provisions of Executive Order 11246 of
September 24, 1965, and all implementing regulations of the Department of
Labor.
25. The AGREEMENT constitutes the sole and only agreement of the parties hereto
relating to the project and correctly sets forth the rights, duties, and obligations of
each to the other as of its date. Any prior agreements, promises, negotiations, or
representations not expressly set forth in the AGREEMENT are of no force and
effect. The AGREEMENT may be amended only by a written addendum signed
by both parties with prior approval by the CITY.
26. No member of the governing body of CITY, and no other public official of CITY
who exercises any functions or responsibilities in connection with the
administration of the project to which the AGREEMENT pertains, shall have any
interest, direct or indirect, in the AGREEMENT.
Owner: Date:
Owner: Date:
Contractor: Date:
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NOTICE TO PROCEED
DATE:
TO: Contractor
Address
City, CA Zip
FROM: City of San Bernardino
290 N. D Street
San Bernardino, CA 92401
You are hereby authorized to proceed with the work to be undertaken per bid
specifications at , San Bernardino, CA 9240_ as of
, 2020.
You must begin work within three (3) days of issuance of this NOTICE TO PROCEED.
You may conduct work between the hours of 7:00 a.m. to 7:00 p.m., Monday through
Saturday, or as mutually agreed by you and the property owner, with concurrence of the
CITY.
You may not modify, revise, or change the scope of work provided under the bid
specifications, except as authorized by the property owner and CITY, in writing after your
submittal of a CHANGE ORDER, which includes a description of the change in work, the
reason for the change and an itemized list of costs.
Work must be completed within days of the date of this NOTICE
TO PROCEED, or as otherwise agreed upon by the owner and CITY.
Gretel Noble, Housing Manager or Designee Date
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CITY OF SAN BERNARDINO
OWNER OCCUPIED REHABILITATIONLOAN AGREEMENT
THIS OWNER OCCUPIED REHABILITATION LOAN AGREEMENT (this
“Agreement”) is made this _______ day of , 20__ by and between the City of San Bernardino, a
charter city organized under the laws of the State of California, with an address of 290 North D
Street, San Bernardino, CA (“City”) and , an individual (“Borrower”).
RECITALS
WHEREAS, Borrower owns and lives in a single-family residence located at within
the City (the “Property”); and
WHEREAS, City receives funding under the United States Department of Housing and
Urban Development (“HUD”) HOME Investment Partnership (“HOME”) Program, which is
eligible to be used for the improvement and rehabilitation of residential property within the
City; and
WHEREAS, City has adopted an Owner Occupied Rehabilitation Program in order to
provide loans of said HOME funds to certain owners of eligible residential property to construct
improvements to and rehabilitate their properties; and,
WHEREAS, Borrower proposes to make improvements to and rehabilitate the Property
(the “Project”), and such improvements and rehabilitation will, in furtherance of the City’s
objectives for the Owner Occupied Rehabilitation Program, improve the appearance of the City,
assist in the elimination of physical and economic blight in the City, and stimulate private
investment; and,
WHEREAS, City desires to provide HOME funding to Borrower for the Project; and
WHEREAS, in furtherance of the foregoing, City and Borrower desire to enter into this
Agreement to set forth the terms and conditions of the funding and construction of the Project.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES
CONTAINED HEREIN AND OTHER GOOD AND VALUABLE CONSIDERATION, THE
RECEIPT AND SUFFICIENCY OF WHICH ARE HEREBY ACKNOWLEDGED, CITY AND
BORROWER HEREBY AGREE AS FOLLOWS:
Section 1. Recitals. The Recitals of this Agreement are true and correct and are
incorporated herein by this reference. The information and facts set forth in the Recitals are
material to this Agreement.
Section 2. City Loan. City shall provide Borrower with the sum of $___ in HOME
funds as a loan (the “Loan”) for certain construction work and materials for the
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furtherance of the Project by Borrower, subject to the conditions and restrictions set forth in this
Agreement. The Loan shall not be increased under any circumstances, notwithstanding any
increased costs for materials, supplies, or labor costs, or cost overruns of any nature with respect
to the implementation of the Project which may exceed the anticipated costs of the Project. Any
increased costs of the Project in excess of the Loan amount shall be the responsibility of, and paid
for, by Borrower from independent sources of funds and not from any additional funding requests
submitted by Borrower to the City. The Loan is a forgivable loan, with 20% of the principal
amount of the Loan forgiven each year, commencing on the sixth (6th) anniversary of the
execution of the Promissory Note, until the tenth (10th) anniversary of the execution of the
Promissory Note at which time the entire amount of the Loan will be forgiven. The loan will
accrue 0% interest, with no payments due on the Loan unless one of the following actions occur
after receipt of the Loan: property sale, transfer of title of the property, the applicant ceases to
occupy the home as their primary residence, or the applicant refinances the property to take cash
out or receive an equity line of credit. Any repayments will be recorded as HOME program
income.
Section 3. Use and Disbursement of Loan Funds; Selection and Performance of
General Contractor.
(a) Borrower covenants that the Loan funds shall be expended solely to defray
the costs of the Project. The Loan proceeds shall be disbursed by the City from time to
time directly to a general contractor selected by Borrower to construct the Project, as
specified below. No portion of the Loan proceeds shall be disbursed to Borrower.
(b) The Loan and the Project shall be administered by Neighborhood
Partnership Housing Services (“NPHS”), a California corporation. NPHS shall assist
Borrower in procuring a licensed and insured general contractor (the “Contractor”) to
construct the Project. The procurement of the Contractor and of the materials required for
the Project shall be conducted in accordance with the public bidding requirements that
would apply if the City procured the Contractor and the materials, in such a manner as to
procure the lowest possible bidders at the lowest possible prices. The lowest responsive
and responsible bidder shall be awarded the contract. NPHS shall also assist Borrower in
ensuring that all permits required for the Project are obtained, periodically inspecting the
progress of work, processing any change orders and invoices, issuing the notice to
proceed, and completing a homeowner satisfaction survey.
(c) City assumes no responsibility to Borrower or to any other person or entity
for the selection or the performance of the Contractor. In selecting the Contractor,
Borrower shall not discriminate on the grounds of race, color, national origin, religion, sex,
age, or physical disability not reasonabl y related to the work to be performed.
(d) Prior to the commencement of any work on the Project, Borrower and
NPHS shall submit for City approval (i) a schedule of performance showing the dates for
the performance of each portion of the Project; (ii) a budget showing the amount to be paid
for each portion of the Project and the total amount to be paid for the entire Project; and
(iii) all permits required for the initial portion of the Project. All work shall be performed
in accordance with the schedule, budget, and permits unless otherwise authorized in
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writing by City.
(e) Work on the Project shall proceed in the following order of priority:
(i) Remediation of Health and Safety Code violations, if any
(ii) Emergency repairs
(iii) Americans with Disabilities Act improvements (i.e., handicapped
accessibility)
(iv) Energy efficiency / weatherization upgrades
(v) General property improvements / repairs
(f) Loan funds shall be disbursed by City to Contractor periodically as work on
each portion of the Project is completed to the satisfaction of Cit y, NPHS, and Borrower.
Borrower and NPHS shall submit to City, for City approval, the following documents as a
condition precedent to the disbursement of Loan funds:
(i) A Notice to Proceed, which upon City approval shall be issued to the
Contractor prior to the commencement of any work.
(ii) Permits, as required for each portion of the Project, prior to the
commencement of any work on that portion.
(iii) Periodic inspection reports and photographs, to be submitted with each
progress payment request for work on the Project. Inspection reports shall
be prepared by NPHS after inspecting the work for completeness and
accuracy.
(iv) Invoices from Contractor, subcontractors if any, and material suppliers for
each item of the work and materials for which Borrower is seeking
payment by City.
(v) A Notice of Completion, with evidence showing recording of the notice
within the time required by law, upon the completion of the entire Project.
If the Project is performed pursuant to more than one contract, a Notice of
Completion, with such evidence of recording, shall be submitted upon the
completion of each such contract.
(vi) Upon the completion of the Project, evidence that warranties were
forwarded to Borrower.
(vii) Completed homeowner satisfaction survey.
(g) Borrower shall be solely responsible for any Project costs for labor or
materials not performed in compliance with the requirements of this Agreement. Borrower
shall defend and hold City harmless from all costs and expenses with respect to all work
performed and materials acquired not in compliance with this Agreement.
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(h) All proceeds of the Loan shall be used on or before one (1) year from and
after the date of this Agreement. Failure or inability of Borrower to so use and apply such
proceeds in furtherance of the Project by such d ate and in compliance with this Agreement
shall relieve City of any further duty or obligation under this Agreement to provide for any
further disbursements of Loan funds. Any unspent funds at the time the Notice of
Completion or a Notice of Cessation is recorded for the Project shall be returned
immediately by Borrower to City.
Section 4. Duty to Obtain Permits; Role of City. Borrower agrees that Borrower
and Contractor shall have the sole obligation and duty to obtain whatever approvals and
permits may be necessary to be obtained from City prior to the commencement of the
Project, and shall further be solely responsible for obtaining any and all necessary
inspections and surveys related to the Project. Upon the request of Borrower, City shall
provide the service of City staff to assist Borrower in determining the City approvals, if
any, that may be required for the Project. Borrower shall have the duty and obligation to
approve construction plans and designs for all aspects of the Project, and shall be
responsible for ensuring that all work relating to the Project is performed in accordance
with City approved plans and specifications.
Section 5. Maintenance Obligations for Project Improvements; Indemnity and
Insurance.
(a) In consideration of the Loan, Borrower agrees to be solely responsible for
the maintenance, care and replacement of all landscaping materials, trees, irrigation
systems and other similar improvements and all aspects of the building improvements that
constitute the Project. Such maintenance obligation shall extend until the parties to this
Agreement provide otherwise by written agreement, and such obligation shall be
enforceable by City against Borrower. City may obtain such remedies to enforce this
maintenance obligation, including specific performance and damages, as may be awarded
by a court in the event Borrower fails to fulfill any obligations required by this Section.
Borrower agrees to defend, indemnify and hold harmless City from all claims arising from
any matters related to the maintenance obligation of Borrower and the location,
replacement, operation and maintenance of all landscaping materials and irrigation systems
installed within the public right-of-way.
(b) Borrower agrees to defend and protect City, its governing boards,
commissions, agents, officers, employees, and authorized representatives, against all
claims and liability for death, injury, loss and damage resulting from Borrower’s actions in
connection with the Loan and the Project during the construction phase thereof, including,
thereafter, the ongoing maintenance of the landscaping areas, and shall secure and
maintain insurance, and shall require the maintenance of insurance by Contractor and any
subcontractors, as described below. No disbursement of the Loan shall be paid to the
Contractor until Borrower provides the required policies and/or certificates evidencing the
insurance required by this Agreement to City and the same are approved by City.
(c) Borrower shall maintain, at all times during the term of this Agreement and
while Borrower retains the maintenance obligations for the landscaping, property
insurance on the Property, including full replacement value coverage, insuring the Property
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against fire, flood, and any and all other damage or casualty, with City as a loss payee, and
including general liability coverage. Borrower pay any deductibles and self-insured
retentions under all policies.
(d) During the construction of the Project, Borrower shall require that all
contractors and subcontractors performing work on the Project maintain the following
insurance coverage at all times during the performance of said work:
(i) Comprehensive automobile liability insurance of not less than One
Million Dollars ($1,000,000) combined single limit per occurrence for each vehicle leased
or owned and used in performing work under this Agreement.
(ii) Workers compensation coverage in accordance with California
workers compensation laws for all employees performing work under this Agreement.
(iii) Builder’s risk insurance to be written on an All Risk Completed
Value form, in an aggregate amount equal to 100% of the completed insurable value of the
Project, including materials to be acquired and installed within the public right-of-way.
(iv) Commercial liability insurance, including coverage for personal
injury, death, property damage and contractual liability, with a limit of at least One Million
Dollars ($1,000,000), including products and completed operations coverage. Said
insurance shall be primary insurance with respect to any coverage maintained by City and
the policy shall so provide. If required by City from time to time, the Contractor shall
increase the limits of its liability insurance to reasonable amounts customary for
contractors performing work similar to the work to be performed under this Agreement.
(e) If any of the insurance coverage required under this Agreement is written
on a claims-made basis, such insurance policy shall provide an extended reporting period
continuing through the period of time that Borrower continues to have the obligation to
maintain the improvements.
(f) Each policy of insurance maintained in satisfaction of the above insurance
requirements, except workers compensation, shall be endorsed naming City and its
officers, agents, and employees as additional insureds, and shall provide that, except with
respect to the coverage limits, insurance applies to each named and additional insured as
though a separate policy were issued to each. Each policy shall provide for a waiver of
subrogation as against City and its officers, agents, and employees, and shall provide that
the policy may not be cancelled, terminated or modified, except upon thirty (30) days’
prior written notice to City.
(g) Receipt of evidence of insurance that does not comply with the above
requirements shall not constitute a waiver of the insurance requirements of this Grant
Agreement.
(h) Borrower, the Contractor, and its subcontractors shall immediately obtain
replacement coverage for any insurance policy that is terminated, canceled, non -renewed,
or policy limits of when are exhausted, or upon insolvency of the insurer that issued the
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policy.
(i) All insurance to be obtained and maintained under this Agreement shall be issued
by a company or companies listed in the current “Best’s Key Rating Guide,
Property/Casualty” publication with a minimum Financial Strength Rating of at least A
and a Financial Size Category designation of at least V, and shall be issued by a California
admitted insurance company.
(j) All insurance maintained in satisfaction of the requirements of this Agreement
shall be primary to and not contributing to any other insurance maintained by the City.
(k) Failure to maintain any insurance required by this Grant in effect at all
times shall be an Event of Default by Borrower. City, at its sole option, may exercise any
remedy available to it in connection with such an Event of Default. Additionally, City may
purchase such required insurance coverage and shall be entitled to immediate payment
from Borrower for any premiums and associated costs paid by City for such insurance.
Any election by City not to purchase insurance pursuant to this provision shall not relieve
Borrower of its obligation to maintain and require the maintenance of the insurance
policies coverage required by this Agreement.
Section 6. Term of Agreement; Disposition of Unused Funds. This Agreement
shall remain in effect for ten years following its execution by both parties, unless terminated
sooner as provided for herein. Upon termination of this Agreement, and upon the recording of a
Notice of Completion or Notice of Cessation for the Project, Borrower shall immediately return
any unused Loan funds to City.
Section 7. Occupancy Requirement; Loan Repayment/Acceleration.
(a) The Loan is evidenced by a promissory note (the “Note”) secured by a deed
of trust (the “Deed of Trust”) on the Property. The provisions of the Note and Deed of
Trust are incorporated herein by reference.
(b) As specified in the Note and the Deed of Trust, Borrower agrees to occupy
the Property as Borrower’s principal residence for the term of this Agreement. In
consideration, City agrees that as long as Borrower complies with this occupancy
requirement, the Loan shall be forgiven at a rate of twenty percent of the principal amount
of the loan each year, commencing on the sixth anniversary of the execution of the Note,
with the full amount of the Loan forgiven on the tenth anniversary of the Note. The Loan
accrues 0% interest per annum, with no payments due on the loan unless one of the
following actions occur after receipt of the loan; property sale, transfer of title of the
property, the applicant ceases to occupy the home as their primary residence, or the
applicant refinances the property to take cash out or receive an equity line of credit. Any
repayments will be recorded as HOME program income.
(c) If Borrower at any time transfers all or any part of Borrower’s interest in
the Property, except an easement, the entire Loan balance then outstanding shall, at City’s
option, become immediately due and payable by Borrower to City.
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Section 8. Time of Essence. Time is strictly of the essence with respect to each and
every term, condition, obligation, and provision hereof and failure to timely perform any of the
terms, conditions, obligations, or provisions hereof by either party shall constitute a material
breach of and a default under this Agreement by the party so failing to perform.
Section 9. No Waiver. Failure to exercise any right City may have or be entitled to, in
the event of default by Borrower hereunder, shall not constitute a wai ver of such right or any
other right, in the event of a subsequent default by Borrower.
Section 10. Events of Default.
(a) Default. Failure or unexcused delay by either party to perform any material
term or provision of this Agreement shall constitute a default hereunder; provided,
however, that if the party who is otherwise claimed to be in default by the other party
commences to cure, correct, or remedy the alleged default within thirty (30) calendar days
after receipt of written notice specifying such default and diligently pursues such cure,
correction, or remedy to completion, such party shall not be deemed to be in default
hereunder.
(b) Notice of Default. The party claiming that a default has occurred shall give
written notice of default to the party claimed to be in default, specifying the alleged
default. If applicant/contracting party consists of two or more natural persons, that notice
to one person constitutes notice to all persons identified in this agreement. Delay in giving
such notice shall not constitute a waiver of any default nor shall it change the time of
default; provided, however, that the party claiming default shall have no right to exercise
any remedy for a default hereunder without delivering the written default notice as
specified herein.
(c) Rights and Remedies. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement, the rights and remedies of the parties are
cumulative and the exercise by either party of one or more of such rights or remedies shall
not preclude the exercise by it, at the same or different times, of any other rights or
remedies for the same default or any other default by the other party.
(d) Breach. In the event that
a default of either party remains uncured for more than thirty (30) calendar days following
written notice, as provided above, a “breach” shall be deemed to have occurred. In the
event of a breach, the party who is not in default shall be entitled to terminate this
Agreement by serving written notice of such termination on the other party. Obligations of
Borrower are joint and several as to each and (e.g.
husband and wife, etc.).
(e) Additional Rights and Remedies of City. Upon a default by Borrower:
(i) City shall be released from any further obligations under this Agreement;
provided, however, that the City shall not be released from its obligation to pay any
amounts previously requested by Borrower for work performed or materials supplied
under this Agreement, to which such default does not apply; and
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(ii) City may seek appropriate legal or equitable relief.
(f) Additional Rights and Remedies of Borrower. Upon a default by the City,
Borrower may institute any proceeding at law or in equity to enforce the obligations of the
City under this Agreement.
(g) Limitation of Remedies. Neither party shall be liable to the other for
consequential or incidental damages.
Section 11. Further Assurances. Borrower shall execute any further documents
consistent with the terms of this Agreement, including documents in recordable form, as City
shall, from time-to-time, deem necessary or appropriate to effectuate its purposes in entering into
this Agreement and making the Loan.
Section 12. Governing Law; Compliance.
(a) This Agreement shall be governed by the laws of the State of California
and, to the extent applicable, by the laws and regulations relating to the HOME Program,
including without limitation those contained in Part 92 of Title 24 of the Code of Federal
Regulations. Borrower agrees to comply with all of said laws and regulations in the use of
the Loan funds.
(b) Borrower further agrees to comply with all ordinances, rules, and
regulations of City for the use and disbursement of the Loan. Nothing in this Agreement is
intended to be, nor shall it be deemed to be, a waiver of any City ordinance, rule, or
regulation or other applicable provisions of state law.
(c) Any legal action brought under this Agreement must be instituted in the
Superior Court for the County of San Bernardino, San Bernardino District, State of
California, or in the Federal District Court in the Central District of California.
(d) Borrower shall retain, for at least five years after the expiration or
termination of this Agreement, all records in the possession of Borrower relating to the
Project or the use of the Loan funds.
(e) Borrower agrees to cooperate fully with City as may be required to respond
to an audit or other investigative activity initiated by any governmental agency including,
without limitation, HUD.
Section 13. Amendment. No modification, rescission, waiver, release, or amendment
of any provision of this Agreement shall be made except by a written agreement executed by
Borrower and City and duly approved by the governing body of City or its designee.
Section 14. No Assignment by Borrower. Borrower may not assign or transfer any
portion of the Loan or this Agreement, without the prior express written consent of City, which
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may be given or withheld at the sole discretion of City.
Section 15. Notices. Any notices, requests, or approvals to be given under this
Agreement from one party to another may be personally delivered, delivered by nationally
recognized overnight delivery service, or deposited with the United States Postal Service for
mailing, postage prepaid, registered or certified mail, return receipt requested, to the following
addresses:
To Borrower:
To City:
City of San Bernardino
Attention: Community and Economic Development
290 North D Street
San Bernardino, CA 92401
Communications delivered personally or by nationally recognized overnight delivery
service shall be effective upon such delivery. Communications sent by United States Mail shall
be effective on the third (3rd) business day following their deposit for mailing with the United
States Postal Service. Either party may change its address for notice by giving written notice
thereof to the other party.
Section 16. Partial Invalidity. If any term or provision or portion of this Agreement or
the application thereof to any person or circumstance shall, to any extent, be invalid or
unenforceable, the remainder of this Agreement, and the application of such term or provision or
portion thereof to persons or circumstances other than those as to which it is held invalid or
unenforceable shall not be affected thereby and shall be enforced to the fullest extent p ermitted
by law.
Section 17. No Intent to Create Third Party Beneficiaries. The parties intend that
the rights and obligations under this Agreement shall benefit and burden only the parties hereto,
and do not intend to create any rights in, or right of action to or for the use or benefit of any third
party, including any governmental agency, which is not one of the parties to this Agreement.
Section 18. Entire Agreement. This Agreement is the final expression of, and
contains the entire agreement between the parties with respect to the subject matter hereof and
supersedes all prior understandings with respect thereto. This Agreement may not be modified,
changed, supplemented, or terminated, nor may any obligations hereunder be waived, except by
written instrument signed by the party to be charged or by its agent duly authorized in writing or
as otherwise expressly permitted herein.
Section 19. Construction. Headings at the beginning of each Section are solely for the
convenience of the parties and are not a part of this Agreement. Whenever required by the
context of this Agreement, the singular shall include the plural and the masculine shall include
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the feminine and vice versa. This Agreement shall not be construed as if it had been prepared by
one of the parties, but rather as if both parties had prepared the same. Unless otherwise
indicated, all references to Sections are to this Agreement.
Section 20. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall constitute an original and all of which together shall constitute
a single instrument.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the dates written next
to the signatures of their duly authorized representatives, below.
BORROWER
Date: By:_
Date: By:_
CITY
Date: By:_
ATTEST:
By:_
APPROVED AS TO FORM
AND LEGAL CONTENT:
, City Attorney
By: _
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]
]
]
]
Recording requested by and ]
When recorded return to: ]
]
]
City of San Bernardino ]
Community and Economic
Development
290 North D Street ]
San Bernardino, CA 92401 ]
Attn: Director of Community and
Economic Development ]
]
City of San Bernardino
OWNER-OCCUPIED REHABILITATION PROGRAM
DEED OF TRUST
NOTICE TO BORROWER
THIS DEED OF TRUST CONTAINS PROVISIONS
RESTRICTING ASSUMPTIONS
Loan No.
This Deed of Trust is made on by ,
as trustor (the “Borrower”) and the City of San Bernardino, as trustee (the “Trustee”),
whose business address is 290 North D Street, San Bernardino, CA 92401 in favor of the
City of San Bernardino, as beneficiary (“Lender”) whose address is 290 North D Street, San
Bernardino, CA 92401, or Lender’s assignee.
1. BORROWER, IN CONSIDERATION OF THE INDEBTEDNESS HEREIN
RECITED AND THE TRUST HEREIN CREATED, HEREBY
IRREVOCABLY GRANTS, TRANSFERS AND ASSIGNS to Trustee in trust,
with power of sale and right of entry and possession, all of Borrower’s right, title
and interest now held or hereafter acquired in and to the following: (a) all of that
certain real property (the “Property”) located at , San
Bernardino [zip code] in the County of San Bernardino, the State of California,
which is more particularly described in Exhibit A (attached) which is incorporated
herein by this reference; and (b) all buildings, improvements and fixtures now or
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hereafter erected thereon, and all appurtenances, easements, and articles of property
now or hereafter affixed to, placed upon or used in connection with the Property,
together with all additions to, substitutions for, changes in or replacements of the
whole or any part of said articles of property; all of which are hereby pledged and
assigned, transferred, and set over onto Trustee, and for purposes of this Deed of
Trust declared to be part of the realty; provided, however, that furniture and other
personal property of Borrower now or hereafter situated on said real property are
not intended to be included as part of the Property.
2. FOR THE PURPOSE OF SECURING:
2.1. Repayment of the indebtedness evidenced by that certain Promissory Note of
the borrower dated , and
designated as City of San Bernardino Owner Occupied Rehabilitation
Program Loan No. (the “Note”) of the Borrower in the principal
amount of
Dollars
($ . ), and any and all amendments, modifications, extensions or
renewals of the Note. The Note and this Deed of Trust are subject to the
terms, conditions, and restrictions of the United States Department of Housing
and Urban Development (“HUD”) HOME Investment Partnership (“HOME”)
Program as set forth in the implementing guidelines and regulations adopted
by HUD, including without limitation those set forth in Title 24 of the Code
of Federal Regulations, all of which are hereby incorporated by reference.
Concurrently herewith, Lender and Borrower have entered into a loan
agreement (the “Loan Agreement”) setting forth the terms of the loan
secured hereby.
2.2. Payment of such additional sums:
(a) As may hereafter be borrowed from Lender by the then-record
owner of the Property and evidenced by a promissory note or notes
reciting that it or they are so secured and all modifications,
extensions, or renewals of the Note; and
(b) As may be incurred, paid, or advanced by Lender, or as may
otherwise be due to Trustee or Lender, under any provision of this
Deed of Trust and any modification, extension, or renewal of this
Deed of Trust; and
(c) As may otherwise be paid or advanced by Lender to protect the
security or priority of this Deed of Trust.
2.3. Performance of each obligation, covenant, and agreement of Borrower
contained in the Loan Agreement, this Deed of Trust, the Note, or any other
document executed by Borrower in connection with the loan(s) secured by
this Deed of Trust, and all amendments to these documents whether set forth
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in this Deed of Trust or incorporated in this Deed of Trust by reference.
3. BORROWER COVENANTS:
Borrower hereby covenants to maintain and protect the security of this Deed of
Trust, to secure the full and timely performance by Borrower of each and every
obligation, covenant, and agreement of Borrower under the Loan Agreement, the
Note, and this Deed of Trust, and as additional consideration for the obligation(s)
evidenced by the Note, Borrower covenants as follows:
3.1. Title. That Borrower is lawfully seized of the estate hereby
conveyed and has the right to grant and convey the Property, and that
Borrower will warrant and defend generally the title of the Property against
all claims and demands subject to any declarations, easements, or restrictions
listed in the schedule of exemptions to coverage in any title insurance policy
insuring Lender’s interest in the Property.
3.2. Payment. That Borrower shall promptly pay, when due, the
then outstanding balance of the Note, and such other charges as are
provided in the Note, and such other amounts as are provided under this
Deed of Trust.
3.3. Maintenance of the Property. (a) To keep the Property in a
decent, safe, sanitary, tenantable condition and repair and permit no waste
thereof; (b) not to commit or suffer to be done or exist on or about the
Property any condition causing the Property to become less valuable; (c) not
to remove, demolish or structurally alter any buildings and improvements
now or hereinafter located on the Property; (d) to repair, restore or rebuild
promptly any buildings or improvements on the Property that may become
damaged or be destroyed while subject to the lien of this Deed of Trust; (e) to
comply with all applicable laws, ordinances and governmental regulations
affecting the Property or requiring any alteration or improvement thereof, and
not to suffer or permit any violations of any such law, ordinance or
governmental regulation, nor of any covenant, condition or restriction
affecting the Property; (f) not to initiate or acquiesce in any change in any
zoning or other land use or legal classification which affects any of the
Property without the Lender’s written consent; and (g) not to alter the use of
all or any part of the Property without the prior written consent of the Lender.
3.4. Appear and Defend. Borrower shall appear in and defend any
action or proceeding purporting to affect the security hereof or the rights or
powers of the Lender or Trustee; and shall pay all costs and expenses incurred
by Lender or Trustee, including cost of evidence of title and attorney’s fees in
a reasonable sum, in any such action or proceeding in which the Lender or
Trustee may appear,
3.5. Payment of Taxes and Utility Charges. Borrower shall pay:
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at least ten (10) days before delinquency, all taxes and assessments affecting
the Property, including assessments on appurtenant water stock; when due,
all encumbrances, charges and liens, fines and impositions attributable to the
Property, leasehold payments or ground rents, if any, and any interest on the
Property or any part thereof; and all costs, fees and expenses of this Deed of
Trust. Borrower shall make such payments when due, directly to the payee
thereof. Borrower shall promptly furnish to Lender all notices of amounts due
under this section, and Borrower shall promptly furnish to Lender receipts
evidencing all such payments made.
3.6. Insurance. To keep the Property insured with loss payable to
the Lender, against loss or damage by fire, flood, and any and all other
damages, hazards, casualties and contingencies. Insurance policies shall
provide coverage in the amount of the replacement cost of the Property.
Borrower shall deliver the original of all such policies to the Lender, together
with receipts satisfactory to the Lender evidencing payment of the premiums.
All such policies shall provide that the Lender shall be given thirty (30) days
advance written notice of the cancellation, expiration or termination of any
such policy or any material change in the coverage afforded by it. Renewal
policies and any replacement policies, together with premium receipts
satisfactory to the Lender, shall be delivered to the Lender at least thirty (30)
days prior to the expiration of existing policies. Neither Trustee nor the
Lender shall by reason of accepting, rejecting, approving or obtaining
insurance incur any liability for the existence, nonexistence, form or legal
sufficiency of such insurance, or solvency of any insurer for payment of
losses. All insurance proceeds for such losses must be utilized for the repair or
restoration of the insured property.
3.7. Payments and Discharge of Liens.
Borrower will pay, when due, all claims of every kind and nature which might
or could become a lien on the Property or any part thereof; provided,
however, that the following are excepted from this prohibition: (a) liens for
taxes and assessments which are not delinquent but by law are given the status
of a lien, and (b) such of the above claims as are, and only during the time
they are, being contested by Borrower in good faith and by appropriate legal
proceedings. Borrower shall post security for the payment of these contested
claims as may be requested by the Lender. Borrower shall not default in the
payment or performance of any obligation secured by a lien, mortgage or deed
of trust which is superior to this Deed of Trust.
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4. IT IS MUTUALLY AGREED THAT:
4.1. Future Advances. Upon request by Borrower, Lender, at
Lender’s option, may make future advances to Borrower. All such future
advances shall be added to and become a part of the indebtedness secured by
this Deed of Trust when evidenced by promissory note(s) reciting that such
note(s) are secured by this Deed of Trust.
4.2. Disbursements to Protect Lender’s Security. All sums
disbursed by Lender to protect and preserve the Property, this Deed of Trust,
or Lender’s security for the performance of Borrower’s obligations under the
Note shall be and be deemed to be an indebtedness of Borrower to Lender
secured by this Deed of Trust.
4.3. Protection of Lender’s Security. If Borrower fails to
perform the covenants and agreements contained in this Deed of Trust, or if
any action or proceeding is commenced which materially affects Lender’s
interest in the Property, including, but not limited to, eminent domain,
insolvency, code enforcement, arrangements or proceedings involving a
bankrupt or decedent, foreclosure of any mortgage, deed of trust, or other
lien secured by the Property or sale of the Property under a power of sale of
any instrument secured by the Property, then Lender, at Lender’s option,
upon notice to Borrower, may make such appearance, disburse such sums
and take such action as is necessary to protect Lender’s interest, including,
but not limited to, disbursement of reasonable attorney’s fees and entry upon
the Property to make repairs.
Any amounts disbursed by Lender pursuant to this Section 4.3, with interest
thereon, shall become additional indebtedness of Borrower to Lender secured
by this Deed of Trust. Unless Borrower and Lender agree to other terms of
payment, such amounts shall be payable upon notice from Lender to Borrower
requesting payment thereof, and shall bear interest from the date of
disbursement at the highest rate permissible under applicable law. Nothing
contained in this Section 4.3 shall require Lender to incur any expense or take
any action hereunder.
4.4. Inspection. Lender or its agent may make or cause to be
made reasonable entries upon and inspections of the Property. Lender shall
give Borrower notice at the time of or prior to any such inspection
specifying reasonable cause for the inspection.
4.5. Awards and Damages. All judgments, awards of damages,
settlements and compensation made in connection with or in lieu of (a) taking
of all or any part of or any interest in the Property by or under assertion of the
power of eminent domain, (b) any damage to or destruction of the Property or
any part thereof by insured casualty, or (c) any other injury or damage to all or
any part of the Property, are hereby assigned to and shall be paid to the
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Lender. The Lender is authorized and empowered (but not required) to collect
and receive any such sums and is authorized to apply them in whole or in part
upon any indebtedness or obligation secured hereby, in such order and
manner as the Lender shall determine at its option. The Lender shall be
entitled to settle and adjust all claims under insurance policies provided under
this Deed of Trust and may deduct and retain from the proceeds of such
insurance the amount of all expenses incurred by it in connection with any
such settlement or adjustment. All or any part of the amounts so collected and
recovered by the Lender may be released to Borrower upon such conditions as
the Lender may impose for its disposition. Application of all or any part of the
amounts collected and received by the Lender or the release thereof shall not
cure or waive any default under this Deed of Trust. If the Property is
abandoned by Borrower, or if, after notice by Lender to Borrower that the
condemnor offers to make an award or settle a claim for damages, Borrower
fails to respond to Lender within thirty (30) days after the date such notice is
mailed, Lender is authorized to collect and apply the proceeds, at Lender’s
option, either to restoration or repair of the Property or to the sum secured by
this Deed of Trust.
4.6. Prohibition on Transfers of Interest. If all or any part of the
Property or an interest therein is sold or transferred by Borrower without
Lender’s prior written consent, Lender may, at Lender’s option, declare all the
sums secured by this Deed of Trust to be immediately due and payable. If
Lender exercises such option to accelerate, Lender shall mail Borrower notice
of acceleration in accordance with Section 6.9 hereof. Such notice shall
provide a period of not less than 30 days from the date the notice is mailed
within which Borrower may pay the sums declared due. If Borrower fails to
pay such sums prior to the expiration of such period, Lender may, without
further notice or demand on Borrower, invoke any remedies permitted by
Section 5.2(a) hereof.
4.7. Sale or Forbearance. No sale of the Property,
forbearances on the part of Lender or extension of the time for payment
of the indebtedness hereby secured shall operate to release, discharge,
waive, modify, change or affect the liability of Borrower either in whole
or in part.
4.8. Lender’s Rights to Release. Without affecting the liability of
any person for payment of any indebtedness hereby secured (other than any
person released pursuant hereto), including without limitation any one or
more endorsers or guarantors, and without affecting the lien hereof upon any
of the Property not released pursuant hereto, at any time and from time to
time without notice: (a) Lender may, at its sole discretion, (I) release any
person now or hereafter liable for payment of any or all such indebtedness.
(II) extend the time for or agree to alter the terms of payment of any or all of
such indebtedness, and (III) release or accept additional security for such
indebtedness, or subordinate the lien or charge hereof; and (b) Trustee, acting
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pursuant to the written request of Lender, may reconvey all or any part of the
Property, consent to the making of any map or plot thereof, join in granting
any assessment thereon, or join in any such agreement of extension or
subordination.
4.9. Reconveyance. Upon payment of all sums secured by
this Security Instrument, Lender shall request Trustee to reconvey the
Property and shall surrender this Deed of Trust and all notes evidencing
indebtedness secured by this Deed of Trust to Trustee. Trustee shall reconvey
the Property without warranty and without charge to the person or persons
legally entitled thereto. Such person or persons shall pay all costs of
recordation, if any. The recitals in the reconveyance of any matters or facts
shall be conclusive proof of the truthfulness thereof.
4.10. Requirement of Owner-occupancy and Permitted
Transfers. Borrower shall occupy the Property as Borrower’s principal
place of residence during the term of the Note, except as may otherwise be
expressly agreed upon by Lender in writing.
5. EVENTS OF DEFAULT
5.1. Events of Default. Any one or more of the following events
shall constitute a default under this Deed of Trust (a) failure of the Borrower
to pay the indebtedness secured hereby or any installment thereof when and
as the same becomes due and payable, whether at maturity or by acceleration
or otherwise; or (b) failure of Borrower to observe or to perform any covenant
condition or agreement to be observed or performed by Borrower pursuant to
the Note or this Deed of Trust, including but not limited to the provision
requiring occupancy of the Property by Borrower; or (c) the occurrence of
any event which, under the terms of the Note, shall entitle the Lender to
exercise the rights or remedies thereunder; or (d) the occurrence of any event
which, under the terms of any senior note or deed of trust, shall entitle the
Lender to exercise the rights or remedies thereunder.
5.2. Acceleration and Sale.
(a) Acceleration. Upon Borrower’s breach of any covenant or agreement of
Borrower in this Deed of Trust, including the covenants to pay when due any
sums secured by this Deed of Trust, or upon Borrower’s failure to make any
payment or to perform any of its obligations, covenants and agreements
pursuant to the Note, Lender may at Lender’s option mail notice to Borrower
as provided in Section 6.9 hereof specifying: (1) the breach; (2) the action
required to cure such breach; (3) a date, no less than 30 days from the date the
notice is mailed to Borrower, by which such breach must be cured; and (4)
that failure to cure such breach on or before the date specified in the notice
may result in acceleration of the sums secured by this Deed of Trust and sale
of the Property. The notice shall further inform Borrower of the right to
reinstate after acceleration and the right to bring a court action to assert the
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nonexistence of a default or any other defense of Borrower to acceleration and
sale. If the breach is not cured on or before the date specified in the notice,
Lender at Lender’s option may declare all of the sums secured by this Deed of
Trust to be immediately due and payable without further demand and may
invoke the power of sale and any other remedies permitted by applicable law.
Lender shall be entitled to collect from the Borrower, or sale proceeds, if any,
all reasonable costs and expenses incurred in pursuing the remedies provided
in this paragraph, except that Lender and Borrower shall each bear their own
attorney fees.
(b) Borrower’s Right to Reinstate. Notwithstanding Lender’s acceleration of
the sums secured by this Deed of Trust, Borrower will have the right to have
any proceedings begun by Lender to enforce this Deed of Trust discontinued
at any time prior to five (5) days before sale of the Property pursuant to the
power of sale contained in this Deed of Trust or at any time prior to entry of
the judgment enforcing this Deed of Trust if: (1) Borrower pays Lender all
sums which would be then due under this Deed of Trust and the Note, had no
acceleration occurred; (2) Borrower pays all reasonable expenses incurred by
Lender and Trustee in enforcing the covenants and agreements of Borrower
contained in this Deed of Trust, except attorney fees; and (3) Borrower takes
such action as Lender may reasonably require to assure that the lien of this
Deed of Trust, Lender’s interest in the Property and Borrower’s obligation to
pay the sums secured by this Deed of Trust will continue unimpaired. Upon
such payment and cure by Borrower, this Deed of Trust and the obligations
secured hereby shall remain in full force and effect as if no acceleration had
occurred.
(c) Sale. After delivery to Trustee of a Notice of Default and Demand for Sale,
and after the expiration of such time and the giving of such notice of default
and sale as may then be required by law, and without demand on Borrower,
Trustee shall sell the Property at the time and place of sale fixed by it in said
notice of sale, at public auction to the highest bidder for cash in lawful money
of the United States of America, payable at time of sale. Trustee may
postpone sale of all or any portion of the Property by public announcement at
such time and place of sale and from time to time thereafter may postpone
such sale by public announcement at the time and place fixed by the
preceding postponement. Any person, including Borrower, Trustee or the
Lender, may purchase at such sale. Upon such sale by Trustee it shall deliver
to such purchaser its deed conveying the Property so sold, but without any
covenant or warranty, express or implied. The recitals in such deed of any
matters or facts shall be conclusive proof of their truthfulness. Upon sale by
Trustee and after deducting all costs, expenses and fees of Trustee and of this
Deed of Trust, Trustee shall apply the proceeds of sale to the payment of the
principal indebtedness hereby secured, whether evidenced by the Note or
otherwise, or representing advances made or costs or expenses paid or
incurred by the Lender under this Deed of Trust, or the secured obligations or
any other instrument evidencing or securing any indebtedness hereby secured,
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and to the payment of all other sums then secured thereby, in such order as
the Lender shall direct; and the remainder, if any, shall be paid to the person
or persons legally entitled thereto.
(d) Assignment of Rents; Appointment of Receiver; Lender in Possession.
Upon acceleration under paragraph (a) of Section 5.2 hereof or abandonment
of the Property, Lender (in person, by agent or by judicially appointed
receiver) shall be entitled to enter upon, take possession of and manage the
Property and to collect the rents of the Property (if any) including those past
due. All rents collected by Lender or the receiver shall be applied first to
payment of the costs of management of the Property and collection of rents
including, but not limited to, receiver’s fees, premiums on receiver’s bonds
and reasonable attorney’s fees, and then to the sums secured by this Deed of
Trust. Lender and the receiver shall be liable to account only for those rents
actually received. The provisions of this paragraph and paragraph (a) of
Section 5.2 shall operate subject to the rights of prior lien holders.
5.3. Exercise of Remedies; Delay. No exercise of any right or
remedy by the Lender or Trustee hereunder shall constitute a waiver of any
other right or remedy herein contained or provided by law, and no delay by
the Lender or Trustee in exercising any such right or remedy hereunder shall
operate as a waiver thereof or preclude the exercise thereof during the
continuance of any default hereunder.
5.4. Trustee Substitution. The irrevocable power to appoint a
substitute trustee or trustees hereunder is hereby expressly granted to the
Lender, to be exercised at any time hereafter, without specifying any reason
therefor, by filing for record in the office where this Deed of Trust is
recorded a substitution of trustee, and said power of substitution of trustee or
trustees may be exercised as often as and whenever the Lender deems
advisable. The exercise of said power of substitution of trustee, no matter
how often, shall not be deemed an exhaustion thereof, and upon recording of
such substitution of trustee, the trustee or trustees so appointed shall
thereupon, without further act or deed of conveyance, succeed to and become
fully vested with the same title and estate in and to the Property hereby
conveyed and with all the rights, powers, trusts and duties of the predecessor
in the trust hereunder, with like effect as if originally named as trustee or as
one of the trustees.
5.5. Remedies Cumulative. No remedy herein contained or
conferred upon the Lender or Trustee is intended to be exclusive of any other
remedy or remedies afforded by law or by the terms hereof to the Lender or
Trustee. Each and every such remedy shall be cumulative and shall be in
addition to every other remedy given hereunder or now or hereafter existing
at law or in equity.
6. MISCELLANEOUS PROVISIONS
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6.1. Successors, Assigns, Gender, Number. The covenants
and agreements contained in this Deed of Trust shall bind, and the benefit
and advantages under it shall inure to, the respective heirs, executors,
administrators, successors and assigns of the parties. Wherever used, the
singular number shall include the plural, and the plural the singular, and
the use of any gender shall be applicable to all genders.
6.2. Headings. The headings contained in this Deed of Trust are
inserted only for convenience of reference and in no way define, limit, or
describe the scope or intent of this Deed of Trust, or of any particular
provision thereof, or the proper construction thereof.
6.3. Actions on Behalf of the Lender. Except as otherwise
specifically provided herein, whenever any approval, notice,
direction, consent, request or other action by the Lender is required or
permitted under this Deed of Trust, such action shall be in writing.
6.4. Terms. The word “Lender” means the present Lender,
or any future owner or holder, including pledgee, of the indebtedness
secured hereby.
6.5. Obligations of Borrower. If more than one person has
executed this Deed of Trust as “Borrower,” the obligations of all such
persons hereunder shall be joint and several.
6.6. Incorporation by Reference. The provisions of the
Loan Agreement and the Note are incorporated by reference herein as
though set out verbatim.
6.7. Severability. If any provision of this Deed of Trust shall be
invalid, illegal or unenforceable, the validity, legality and enforceability of
the remaining provisions hereof shall not in any way be affected or impaired.
6.8. Indemnification. Borrower shall indemnify and hold the
Lender, its officers and agents harmless against any and all losses, claims,
demands, penalties and liabilities which the Lender, its officers or agents may
sustain or suffer by reason of anything done or omitted pursuant to or in
connection with this Deed of Trust. Borrower shall not assert any claim
against the Lender, its officers or agents by reason of any action so taken or
omitted. Borrower shall, at Borrower’s expense, defend, indemnify, save and
hold the Lender, its officers and agents harmless from any and all claims,
demands, losses, expenses, damages (general, punitive or otherwise), causes
of action (whether legal or equitable in nature) asserted by any person, firm,
corporation or other entity arising out of this Deed of Trust and Borrower
shall pay the Lender upon demand all claims, judgments, damages, losses or
expenses (including reasonable legal expense) incurred by the Lender as a
result of any legal action arising out of this Deed of Trust.
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6.9. Notice. Except for any notice required under applicable law to
be given in another manner (a) any notice to Borrower provided for in this
Deed of Trust shall be given by mailing such notice by certified mail directed
to the Property address or any other address Borrower designates by notice to
Lender as provided herein; and, (b) any notice to Lender shall be given by
certified mail, return receipt requested, to Lender’s mailing address stated
above herein or to such other address as Lender may designate by notice to
Borrower as provided herein. Any notice provided for in this Deed of Trust
shall deem to have been given to Borrower or Lender when received after
mailing in the manner designated herein.
6.10. Beneficiary Statement. Lender may collect a fee for
furnishing the beneficiary statement in an amount not to exceed the amount
provided for in Section 2943 of the Civil Code of California.
6.11. Use of Property. Borrower shall not permit or suffer the use
of any of the Property for any purpose other than as a single family
residential dwelling.
IN WITNESS WHEREOF, Borrower has executed this Deed of Trust on the day and
year set forth above. By signing below, Borrower agrees to the terms and conditions as set
forth above.
MAILING ADDRESS FOR NOTICES: SIGNATURE OF
BORROWER(s):
_ _
(Street) (Borrower
Name(s))
San Bernardino CA
(City)(State)(Zip)
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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed under the foregoing Deed of Trust from [name of
Trustor] to the City of San Bernardino (“City”), a municipal corporation, as to the following property is
hereby accepted:
Real property in the City of San Bernardino, County of San Bernardino, State of California, described as
follows:
[legal description]
APN:
This acceptance is made by the City Manager of the City on behalf of the City pursuant to authority conferred
by action of the Mayor and City Council by Resolution No. , and the City as grantee consents to
recordation of this Certificate by its duly authorized officer.
CITY OF SAN BERNARDINO
Dated: , 2018 By:
City Manager
ATTEST:
City Clerk
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City of San Bernardino
OWNER-OCCUPIED REHABILITATION PROGRAM
PROMISSORY NOTE
NOTICE TO BORROWER
THIS DOCUMENT CONTAINS PROVISIONS
RESTRICTING ASSUMPTIONS AND IS SECURED
BY
A SECOND DEED OF TRUST ON RESIDENTIAL PROPERTY
Loan No. .
Dated: ___________________
$
[loan amount] [property address]
FOR VALUE RECEIVED, the undersigned, (the “Borrower”)
hereby promises to pay to the order of the City of San Bernardino (“Lender”) at the following
address 290 North D Street, San Bernardino, CA 92401 or at such other place as the holder may
from time to time designate by written notice to Borrower, in lawful money of the United States, the
principal sum of dollars ($ ) which loan shall accrue zero
percent (0%) simple interest per annum. The obligation of the Borrower with respect to this Note is
secured by that certain City of San Bernardino Owner-Occupied Rehabilitation Program Deed of
Trust – Loan No. (the “Deed of Trust”), executed by the Borrower
concurrently herewith.
1. Borrower’s Obligation. This Note evidences the obligation of the Borrower to the Lender
for the repayment of funds received by the Lender under the United States Department of
Housing and Urban Development (“HUD”) HOME Investment Partnership (“HOME”)
Program, which funds will be loaned (the “HOME Loan”) by Lender to Borrower to
finance the rehabilitation of that certain real property (the “Property”) which has the
address of ________________, San Bernardino, California , more fully
described in Exhibit A to the Deed of Trust. Concurrently herewith, Borrower and Lender
have entered into a loan agreement (the “Loan Agreement”) setting forth the terms
of the HOME Loan.
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2. Borrower(s) Acknowledge(s) and Agrees: that the HOME Loan is subject to the terms,
conditions, and restrictions of the HOME Program as set forth in implementing guidelines
and regulations adopted by HUD, including without limitation those set forth in Title 24 of
the Code of Federal Regulations, all of which are hereby incorporated by reference.
Borrower agrees to use the HOME Loan funds exclusively for the rehabilitation of the
Property and agrees that any other use of said funds will constitute a default under this
Note. Borrower represents that Borrower owns the Property in fee simple and agrees to
maintain ownership throughout the term of this Note except as otherwise provided herein.
Borrower agrees throughout the term of this Note to maintain property insurance insuring
the Property against fire, flood, and any and all other damage or casualty, with Lender as a
loss payee.
3. Repayment of Loan; Forgiveness. No periodic payments are required hereunder.
Borrower agrees to pay the unpaid principal balance and accrued interest and any other
amounts due under this Note upon the earlier of:
(a) sale, transfer, lease, or encumbrance, including without limitation refinancing, of all
or any part of Borrower’s interest in the Property without Lender’s prior written
consent; or
(b) Borrower’s failure to occupy the Property as Borrower’s principal place of
residence. Without limiting the generality of the foregoing, any absence from the
Property for a period of ninety (90) days or more days shall be deemed an
abandonment of the Property as the principal residence of Borrower in violation of
the conditions of this subsection.
(c) Provided that neither of the events described above triggering repayment or any
other default under this Note, the Deed of Trust or the Loan Agreement have
occurred prior to the sixth (6th) anniversary of the date of this Note as set forth
above, twenty percent (20%) of the principal amount of the Loan shall be forgiven
as of that date. Thereafter, on each anniversary of the date of this Note, provided
neither of the events triggering repayment or any other default under this Note, the
Deed of Trust or the Loan Agreement have occurred, an additional twenty percent
(20%) of the original principal amount of the Loan shall be forgiven, until the tenth
anniversary of this Note, upon which the entire Loan will be forgiven. Upon such
date, provided repayment of the Loan has not been triggered, the Lender shall return
this Note to Borrower and shall release the Property from the Deed of Trust.
4. Permitted Transfers.
The HOME Loan is not assumable except with the express written consent of the Lender,
in the Lender’s sole discretion.
5. Acceleration of Payment. The entire balance then outstanding of the HOME Loan
shall become immediately due and payable, at the option of the holder and without
demand or notice, upon the occurrence of any of the following events:
(a) In the event of a default under the terms of the Loan Agreement, this Note, or
the Deed of Trust;
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(b) In the event that the Borrower shall cease to occupy the Property as Borrower’s
principal place of residence;
(c) In the event of any sale, transfer, lease, or encumbrance of the Property without
Lender’s prior written consent in violation of Paragraphs 3(b) and 4 of this
Promissory Note; or
(d) In the event that the Borrower shall become a bankruptcy debtor, insolvent, or
subject to a receivership, or shall make an assignment for the benefit of creditors.
6. Effect of Acceleration Clause. Failure of the holder to exercise the option to accelerate
payment as provided in Paragraph 5 of this Note will not constitute waiver of the right to
exercise this option in the event of subsequent cause for acceleration. Failure by Borrower
to occupy the Property as Borrower’s principal place of residence shall be considered an
ongoing event of default under this note.
7. Place and Manner of Payment. All amounts due and payable under this Note are payable
at the principal office of the Lender set forth above, or at such other place or places as the
Lender may designate to the Borrower in writing from time to time.
8. Application of Payments. All payments received on account of this Note shall be applied
to the reduction of principal.
9. Default and Acceleration. All covenants, conditions and agreements contained in the Loan
Agreement and the Deed of Trust are hereby made a part of this Note. The Borrower agrees
that the unpaid balance of the then principal amount of this Note shall, at the option of the
Lender or, if so provided in this Note and the Deed of Trust, automatically become
immediately due and payable upon the failure of the Borrower to make any payment
hereunder as and when due; upon the failure of the Borrower to perform or observe any
other term or provision of this Note; or upon the occurrence of any event (whether termed
default, event of default or similar term) which under the terms of the Loan Agreement or
the Deed of Trust shall entitle the Lender to exercise rights or remedies thereunder. The
material falsity of any representation made by the Borrower in this Note, the Loan
Agreement, or the Deed of Trust shall constitute an event of default under this Note.
10. Notices. Except as may be otherwise specified herein, any approval, notice, direction,
consent, request or other action by the Lender shall be in writing and must be communicated
to the Borrower at the address of the Property, or at such other place or places as the
Borrower shall designate to the Lender in writing, from time to time, for the receipt of
communications from the Lender. Mailed notices shall be deemed delivered and received
five (5) working days after deposit in the United States mail in accordance with this
provision
12. Prepayment Policy: Borrower may prepay this Note at any time without penalty.
13. Governing Law. This Note shall be construed in accordance with and be governed by
the laws of the State of California.
14. Severability. If any provision of this Note shall be invalid, illegal or unenforceable, the
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55600.00100\32896365.1
validity, legality and enforceability of the remaining provisions hereof shall not in any way
be affected or impaired thereby.
15. No Waiver by the Lender. No waiver of any breach, default or failure of condition
under the terms of this Note, the Loan Agreement, or the Deed of Trust shall thereby be
implied from any failure of the Lender to take, or any delay by the Lender in taking,
action with respect to such breach, default or failure or from any previous waiver of any
similar or unrelated breach, default or failure; and a waiver of any term of this Note, the
Loan Agreement, the Deed of Trust, or any of the obligations secured thereby must be
made in writing and shall be limited to the express written terms of such waiver.
16. Successors and Assigns. The promises and agreements herein contained shall bind and
inure to the benefit of, as applicable, the respective heirs, executors, administrators,
successors and assigns of the parties.
Executed as of the date set forth above at , California
City
Borrower
Mailing Address for Notices:
San Bernardino, CA
17.c
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55600.00100\32896365.1
CITY OF SAN BERNARDINO
OWNER-OCCUPIED REHABILITATION PROGRAM TRUTH IN
LENDING DISCLOSURES
ANNUAL
PERCENTAGE
RATE
0 %
COST OF CREDIT AS
YEARLY RATE
FINANCE CHARGE
$0.00
DOLLAR AMOUNT
CREDIT WILL COST
AMOUNT FINANCED
$
AMOUNT OF CREDIT
APPROVED
TOTAL OF PAYMENTS
$ 0.00
AMOUNT PAID AFTER
MAKING ALL PAYMENTS
AS SCHEDULED
PAYMENT SCHEDULE
NUMBER OF AMOUNT OF MONTHLY PAYMENTS DUE BEGINNING
PAYMENTS PAYMENTS
N/A N/A Date: N/A
THERE WILL BE A LATE CHARGE OF $ N/A IF PAYMENT IS MORE THAN 10 DAYS LATE.
NOTE: THERE IS ZERO PERCENT (0%) INTEREST PER ANNUM ON THIS LOAN. THE LOAN IS FULLY
DEFERRED AND WILL BE FORGIVEN AFTER 10 YEARS. FINANCE CHARGE, NUMBER OF PAYMENTS, AND
FINAL PAYMENT SCHEDULE ARE ESTIMATES.
I/WE AM/ARE GIVING THE CITY OF SAN BERNARDINO A SECURITY INTEREST IN MY/OUR
PROPERTY LOCATED AT:
SAN BERNARDINO CA
Street Address City State Zip Code
AMOUNT FINANCED $ 0.00
Amount Paid by Owner $ 0.00
Total Credited to Escrow $ 0.00
Account No.
FEES PAID TO OTHERS ON MY BEHALF FROM MY ESCROW ACCOUNT:
1. To for Escrow Fee $
2. To for Loan Package Processing $
3. To for Tax Service $
4. To for Recording Fees $
5. To for Credit Report $
6. To for Contingency on Loan $
7. To for Origination Fee $
8. To for Loan Document Fee $
9. To for Collection Fee $
10. To for Title Report $
11. To for Rehabilitation Work $
12. To for Down Payment Assistance $ 0.00
13. To For Closing $ 0.00
14. To For $
Total $ 0.00
I/WE HEREBY APPROVE THE ABOVE LOAN FEES AND LOAN TERMS.
Applicant Signature Date
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Applicant Signature Date 17.c
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55600.00100\32896365.1
Recording Requested By:
CITY OF SAN BERNARDINO
And When Recorded Mail to:
City of San Bernardino
Attention: Community and Economic Development
290 North D Street, Third Floor
San Bernardino, CA 92401
Request for Notice
Under Section 2924b CIVIL CODE
EXEMPT FROM RECORDING FEES UNDER GOVERNMENT CODE SECTION 27383 AND/OR 6103
In accordance with Civil Code section 2924b, request is hereby made that a copy of any Notice
of Default and a copy of any Notice of Sale under the Deed of Trust recorded as Instrument No.
on , in book N/A, page(s) N/A, Official Records
of San Bernardino County, California, and describing land therein as:
That certain property located in the City of San Bernardino, County of San Bernardino, State of
California, more particularly described as:
See Exhibit “A” attached hereto and incorporated herein by this reference.
APN:
Executed by [First & Last Name] as Trustor(s), in which the City of San Bernardino is named
as Beneficiary, and the City of San Bernardino is named as Trustee.
Mailed to: City of San Bernardino
Attention: Community and Economic Development
290 North D Street, Third Floor
San Bernardino, CA 92401
NOTICE: A copy of any notice of default and any notice of sale will be sent only to the
address contained in this recorded request. If your address changes, a new request
must be recorded.
Dated:
Michael Huntley,
Director
City of San Bernardino
Department of Community and Economic Development
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55600.00100\32896365.1
ACKNOWLEDGMENT
State of
California County of San
Bernardino
On before me,
(insert name and title of the officer)
personally appeared ,
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
is/are subscribed to the within instrumen t and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
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55600.00100\32896365.1
EXHIBIT “A”
LOT OF TRACT IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN
BERNARDINO, STATE OF CALIFORNIA, AS PER PLAT RECORDED IN BOOK OF
MAPS, PAGES TO INCLUSIVE, RECORDS OF SAID COUNTY [AMENDED PER
CERTIFICATION OF CORRECTION RECORDED AS INSTRUMENT NUMBER
, OFFICIAL RECORDS, AND BY CERTIFICATE OF CORRECTION
RECORDED AS INSTRUMENT NUMBER , OFFICIAL RECORDS]
APN:
San Bernardino, CA 92
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Packet Pg. 1253 Attachment: 6.29.2020 FINAL OORP PP (6828 : Owner Occupied Rehabilitation Program)
55600.00100\32896365.1
NOTICE OF RIGHT TO CANCEL
Owner-Occupied Residential Rehabilitation Loan #
[street address], San Bernardino, CA. 92405
Your Right to Cancel
You are entering into a transaction that will result in a security interest in your home. You have a legal right under federa l law to
cancel this transaction, without cost, within three business days from whichever of the following events occurs last:
a) the date of the transaction, which is ; or
(Date)
b) the date you received your Truth in Lending Disclosures; or
c) the date you received this notice of your right to cancel.
If you cancel the transaction, the security interest is also cancelled. Within 20 calendar days after we receive your notice, we must
take the steps necessary to reflect the fact that the security interest in your home has been cancelled, and we must return t o you any
money or property you have given to us or to anyone else in connection with this transaction.
You may keep any money or property we have given you until we have done the things mentioned above, but you must then offer t o
return the money or property. If it is impractical or unfair for you to return the property, you must offer its reasonable value. You may
offer to return the property at your home or at the location of the property. Money must be returned to the address below. I f we do
not take possession of the money or property within 20 calendar days of your offer, you may keep it without further obligation.
How to Cancel
If you decide to cancel the transaction, you may do so by notifying us in writing, at
City of San Bernardino
290 North D Street, San Bernardino, CA 92401
Attn: Director of Community and Economic
Development
You may use any written statement that is signed and dated by you that states your intention to cancel, or you may use this notice by
dating and signing below. Keep one copy of this notice because it contains important information about your rights.
If you cancel by mail or telegram, you must send the notice no later than midnight of
(Date)
(or midnight of the third business day following the latest of the three events listed above). If you send or deliver your written notice
to cancel some other way, it must be delivered to the above address no later than that time.
I WISH TO CANCEL
(Consumer’s Signature) (Date)
ACKNOWLEDGEMENT OF RECEIPT OF TWO COPIES OF NOTICE
Each of the undersigned hereby acknowledges receipt of two completed copies of the Notice above.
[name(s)] [date]
17.c
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55600.00100\32896365.1
Neighborhood Partnership
Housing Services City of San Bernardino
City of San Bernardino
OWNER OCCUPIED REHABILITATION PROGRAM
ACCEPTANCE AND APPROVAL
OF COMPLETED WORK
Site Address: Address
San Bernardino, CA 9####
Owner: Name
By signing in the space provided below, the Contractor, Homeowner , and Neighborhood
Partnership Housing Services, Inc. verify that the work is complete, approved and accepted by all
parties. Furthermore, all work has been completed according to the specifications in the approved
Project Cost Estimate/Bid and are in com pliance with Health and Safety Code, Building Code,
other State or local codes, and HQS. City Representative’s signature authorizes payment from
NPHS to the Contractor.
ATTACH COPIES OF PERMITS AND INSPECTION RECORDS (if Applicable)
Amount: $ Amount Permit #: PMT Number
_ _
Contractor: Date
_ _
Owner: Date
_ _
Approved by NPHS Representative Date
_ _
Approved by City Representative Date
17.c
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55600.00100\32896365.1
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Michael Huntley, Community & Economic Development Director
Subject: Subordination of Deed for 1659 Guthrie Street
Recommendation
Adopt Resolution No. 2020-171 of 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 approving the Subordination of a Deed of Trust in
connection with a refinancing of the Senior Mortgage Relating to real property located at
1659 Guthrie Street, San Bernardino, California.
Background
On October 17, 1994, the Community Development Commission of the City of San
Bernardino (“Commission”) approved Resolution 5409, establishing the Mortgage
Assistance Program, subsequently renamed the Homebuyer Assistance Program,
which made available a limited number of deferred payment (principal and interest)
second mortgages. This Program was designed to provide income -qualified families
with down payment/closing cost monies necessary to secure financing towards the
purchase of single-family detached homes in the City and provided an additional
avenue for the former Redevelopment Agency of the City of San Bernardino (“Agency”)
to ensure the availability of affordable housing to income -qualified home buyers in the
community.
On January 9, 2012, the Mayor and Common Council adopted Resolution 2012 -12
confirming that the City of San Bernardino would serve as the “Successor Agency” to
the former Agency, in accordance with AB1X 26. On January 23, 2012, the Mayor and
City Council adopted Resolution 2012-19 further confirming that the City would serve as
the “Successor Housing Agency” to the former Redevelopment Agency and perform the
housing functions previously performed by the Agency.
Discussion
The Homebuyer Assistance Program allows program participants to refinance their
mortgage only to lower the interest rate and/or term. Should the homeowner request to
“cash out” the property’s equity, the subordination request would be denied and the
Agency loan would become due.
The owner for the property located at 1659 Guthrie Street received down payment
18
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6808
Page 2
assistance and is now requesting to refinance their existing first mortgage. The owner of
the property listed above has submitted a subordination request to Successor Housing
Agency staff and the application has been reviewed and approved. To proceed with
the refinancing, the new lender and title company require the Agency’s deed of trust to
be expressly subordinated to the new first deed of trust. Therefore, staff requests that
the City Manager, or her designee, be authorized to sign and cause to be reco rded the
subordination agreement and associated documents which will allow the property owner
to refinance their first mortgage.
2020-2025 Key Strategic Targets and Goals
Adoption of the attached resolution aligns with Key Target No. 3: Improved Quality of
Life. Refinancing supports homeownership and sustains neighborhoods throughout the
City.
Fiscal Impact
There is no fiscal impact to the General Fund since the staff processing the request is
funded by the Recognized Obligation Payment Scheduled (ROPS).
Conclusion
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. 2020-171, approving the
Subordination of a Deed of Trust in connection with a refinancing of the Senior
Mortgage Relating to real property located at 1659 Guthrie Street, San Bernardino,
California.
Attachments
Attachment 1 Resolution No. 2020-171
Attachment 2 Subordination Agreement for 1659 Guthrie Street
Ward: 7
Synopsis of Previous Council Action:
January 23, 2012 Mayor and the Common Council adopted Resolution 2012 -19
further confirming that the City would serve as the Housing
Successor Agency to the former Redevelopment Agency and
perform the housing functions previously performed by the Agency.
18
Packet Pg. 1258
RESOLUTION NO. 2020-171
RESOLUTION OF 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, APPROVING THE SUBORDINATION OF
A DEED OF TRUST IN CONNECTION WITH A
REFINANCING OF THE SENIOR MORTGAGE
RELATING TO REAL PROPERTY LOCATED AT 1659
GUTHRIE STREET, SAN BERNARDINO, CALIFORNIA
WHEREAS, on January 9, 2012, the Mayor and City Council of the City of San
Bernardino, California, (“Council”) adopted Resolution No. 2012 -12 confirming that the City of
San Bernardino would serve as the Successor Agency to the Redevelopment Agency (“Agency”)
of the City of San Bernardino (“Successor Agency”) effective February 1, 2012, pursuant to
AB1X 26 (The Redevelopment Agency Dissolution Act); and
WHEREAS on January 23, 2012, the City Council adopted Resolution No. 2012 -19
providing for the City to serve as the Successor Housing Agency and pe rform the housing
functions previously performed by the Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34181(c) of AB1X26 the
Oversight Board is to direct the transfer of housing responsibilities, including all rights, powers,
duties, obligations and assets, to the Successor Housing Agency; and
WHEREAS, pursuant to Health & Safety Code Section 34176(e)(1) of AB1484 the
restrictions on the use of real property such as affordability covenants entered into by the Agency
are considered a housing asset; and
WHEREAS, a Deed of Trust affecting real property located at 1659 Guthrie Street, San
Bernardino, California (“Property”) exists as of May 11, 2011, and recorded on May 31, 2011, as
Instrument Number 2011-0218816 in the Official Records of the County of San Bernardino
(“Deed of Trust”); and
WHEREAS, the terms of the Deed of Trust allow the Trustor to obtain the release of the
security interest of the First Mortgage Lender in the Property for the purpose of a third-party
lender which refinances the purchase money mortgage of the First Mortgage Lender; and
WHEREAS, an escrow has been opened on the Property affected by the Deed of Trust
on which owner(s) (Jason & Crystal Wright ) request the subordination so that t hey can proceed
on a refinance and a clear lenders title policy can be provided to the new lender of the Property;
and
WHEREAS, the Successor Housing Agency desires to confirm that the Deed of Trust is
a housing asset and/or housing function, and desires to authorize Successor Housing Agency
18.a
Packet Pg. 1259 Attachment: Subordination 1659 Guthrie Street-Resolution (6808 : Subordination of Deed for 1659 Guthrie Street)
Resolution No. 2020-171
staff to transfer all rights and interest in the Deed of Trust to the City in its capacity as the
Successor Housing Agency; and
WHEREAS, Successor Housing Agency staff desires to cause to be signed and recorded
a subordination agreement for the purposes of causing the new third -party lender to have a
security interest in the Property senior to that of t he Successor Housing Agency.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO, ACTING AS THE SUCCESSOR HOUSING AGENCY OF THE
REDEVELOPMENT AGENCY 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 Health & Safety Code Section 34176, the Successor Housing
Agency to the Redevelopment Agency of the City of San Bernardino does hereby find and
determine that the Deed of Trust is a housing asset and hereby authorizes the City Manager or
his/her designee, to execute the Subordination Agree ment (attached and incorporated herein as
Exhibit “A”) and do all such acts and things necessary to cause it to be recorded with the San
Bernardino County Recorder.
SECTION 3. The City Council acting as the Successor Housing Agency 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 Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
18.a
Packet Pg. 1260 Attachment: Subordination 1659 Guthrie Street-Resolution (6808 : Subordination of Deed for 1659 Guthrie Street)
Resolution No. 2020-171
Approved as to form:
Sonia Carvalho , City Attorney
18.a
Packet Pg. 1261 Attachment: Subordination 1659 Guthrie Street-Resolution (6808 : Subordination of Deed for 1659 Guthrie Street)
Resolution No. 2020-171
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
18.a
Packet Pg. 1262 Attachment: Subordination 1659 Guthrie Street-Resolution (6808 : Subordination of Deed for 1659 Guthrie Street)
1
When recorded mail to:
City of San Bernardino, acting in its
capacity as the Successor Housing Agency
to the Redevelopment Agency of
the City of San Bernardino
290 North D Street
San Bernardino, CA 92401
Owner Name: Jason & Crystal Wright
1659 Guthrie Street
San Bernardino, CA 92404
SPACE ABOVE THIS LINE FOR RECORDERS USE.
Form of
SUBORDINATION AGREEMENT
NOTICE: THIS SUBORDINATION AGREEMENT RESULTS IN YOUR SECURITY
INTEREST IN THE PROPERTY BECOMING SUBJECT TO AND OF LOWER
PRIORITY THAN THE LIEN OF SOME OTHER OR LATER SECURITY
INSTRUMENT.
This AGREEMENT, made this day of July , 2020, by (Jason & Crystal Wright), Owner of the land
hereinafter described and hereinafter referred to as "Owner," and the City of San Bernardino, acting in its capacity as
the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino , present owner and
holder of the Deed of Trust and Note;
WITNESSETH
WHEREAS, Owner(s) did on May 11, 2011, execute a Deed of Trust to First American Title, a California
Corporation, as trustee, covering:
LEGAL DESCRIPTION: The land herein after referred to is situated in the City of San Bernardino, County
of San Bernardino, State of California, and is described as follows:
Lot 44, of Tract No. 5987, in the City of San Bernardino, County of San Bernardino, State of California, as
per Map recorded in Book 83, Page(s) 24, of Maps, in the office of the County Recorder of said County.
(APN #1191-071-31-0-000)
to secure a Note in the sum of $8,680 dated May 11, 2011 in favor of the Redevelopment Agency of the City of San
Bernardino first hereinafter described and hereinafter referred to as "Beneficiary", which Deed of Trust was
recorded May 31, 2011, as Instrument No. 2011-0218816, Official Records of said county;
WHEREAS, all rights and obligations of the Beneficiary have since been transferred to the City of San
Bernardino as the Successor Housing Agency to the Redevelopment Agency of the City of San Bernardino
(“Successor Beneficiary”) pursuant to Mayor and Common Council Resolution No. 2012-19 dated January 23,
2012;
WHEREAS, Owner has executed, or is about to execute, a Deed of Trust and Note in the sum of not to exceed
$128,500, dated ___________________, in favor of OCMBC Inc, hereinafter referred to as “Lender,” payable with
interest and upon the terms and conditions described therein, which Deed of Trust is to be recorded concurrently
herewith; and
18.b
Packet Pg. 1263 Attachment: Subordination 1659 Guthrie Street-Attachment 2 (6808 : Subordination of Deed for 1659 Guthrie Street)
2
WHEREAS, it is a condition precedent to obtaining said loan that said Deed of Trust last above mentioned
shall unconditionally be and remain at all times a lien or charge upon the land herein before described, prior and
superior to the lien or charge of the Deed of Trust first above mentioned; and
WHEREAS, lender is willing to make said loan provided the Deed of Trust securing the same is a lien or
charge upon the above described property prior and superior to the lien or charge of the Deed of Trust first above
mentioned and provided that Successor Beneficiary will specifically and unconditionally subordinate the lien or
charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor of Lender; and
WHEREAS, it is to the mutual benefit of the parties hereto that Lende r make such loan to Owner; and
Successor Beneficiary is willing that the Deed of Trust securing the same shall, when recorded, constitute a lien or
charge upon said land which is unconditionally prior and superior to the lien or charge of the Deed of Trust first
above mentioned.
NOW, THEREFORE, in consideration of the mutual benefits accruing to the parties hereto and other
valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, and in order to
induce Lender to make the loan above referred to, it is hereby declared, understood and agreed as follows:
1. That said Deed of Trust securing said Note in favor of Lender, and any renewals or extensions thereof,
shall unconditionally be and remain at all times a lien or cha rge on the property therein described, prior
and superior to the lien or charge or the Deed of Trust first above mentioned.
2. That Lender would not make its loan above described without this Subordination Agreement.
3. That this Agreement shall be the whole and only agreement with regard to the subordination of the lien
or charge of the Deed of Trust first above mentioned to the lien or charge of the Deed of Trust in favor
of the lender above referred to and shall supersede and cancel, but only insofar as woul d affect the
priority between the Deeds of Trust hereinbefore specifically described, any prior agreement as to such
subordination including, but not limited to, those provisions, if any, contained in the Deed of Trust first
above mentioned, which provide for the subordination of the lien or charge thereof to another Deed or
Deeds of Trust or to another mortgage or mortgages.
Successor Beneficiary declares, agrees and acknowledges that:
(a) Lender in making disbursements pursuant to any such agreement is under no obligation or duty to, nor
has Lender represented that it will, see to the application of such proceeds by the person or persons to
whom Lender disburses such proceeds and any application or use of such proceeds for purposes other
than those provided for in such agreement or agreements shall not defeat the subordination herein
made in whole or in part;
(b) Successor Beneficiary intentionally and unconditionally waives, relinquishes and subordinates the lien
or charge of the Deed of Trust first above mentioned in favor of the lien or charge upon said land of
the Deed of Trust in favor of Lender above referred to and understands t hat in reliance upon, and in
consideration of, this waiver, relinquishment and subordination specific loans and advances are being
and will be make and, as part and parcel thereof, specific monetary and other obligations are being and
will be entered into which would not be made or entered into but for said reliance upon this waiver,
relinquishment and subordination; and
(c) An endorsement has been placed upon the Note secured by the Deed of Trust first above mentioned
that said Deed of Trust has by this i nstrument been subordinated to the lien or charge of the Deed of
Trust in favor or Lender above referred to.
18.b
Packet Pg. 1264 Attachment: Subordination 1659 Guthrie Street-Attachment 2 (6808 : Subordination of Deed for 1659 Guthrie Street)
3
NOTICE: THIS SUBORDINATION AGREEMENT CONTAINS A PROVISION WHICH ALLOWS THE
PERSON OBLIGATED ON YOUR REAL PROPERTY SECURITY TO OBTAIN A LOAN A
PORTION OF WHICH MAY BE EXPENDED FOR OTHER PURPOSES THAN IMPROVEMENT
OF THE LAND.
City of San Bernardino, acting as the Successor Housing Agency
to the Redevelopment Agency of the City of San Bernardino
_____________________________________ ____________________________________
Teri Ledoux, City Manager Owner
City of San Bernardino
Owner
(ALL SIGNATURES MUST BE ACKNOWLEDGED)
IT IS RECOMMENDED THAT, PRIOR TO THE EXECUTION OF THIS SUBORDINATION AGREEMENT,
THE PARTIES CONSULT WITH THEIR ATTORNEYS WITH RESPECT THERETO.
18.b
Packet Pg. 1265 Attachment: Subordination 1659 Guthrie Street-Attachment 2 (6808 : Subordination of Deed for 1659 Guthrie Street)
Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Authorization to Proceed with an Investigation for the
Vacation of an Existing Alley on Scenic Drive
Recommendation
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize staff to proceed with an investigation and analysis for
the proposed vacation of an existing alley east of Scenic Drive, approximately 600 feet
from Inland Center Drive.
Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power
to vacate all or part of an alley and sets forth the procedures by which the power to
vacate may be executed. The requested street vacation would be conducted under the
General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a
legislative body may initiate proceedings either on its own initiative or upon a petition or
request of an interested person or persons. The initiation of proceedings starts with
fixing the date, hour and place of the hearing, followed by publishing and posting of
notices prior to the hearing. After the hearing, if the legislative body finds that the street
described in the notice of hearing or petition is unnecessary for present or prospective
public use, the legislative body may adopt a resolution vacating the street. The street
vacation is then recorded with the County Recorder’s office.
A petition to vacate an alley near the corner of Scenic Drive and Inland Center Drive
was received on August 25, 2015, from Mr. Ed Haddad. The alley lies between two
parcels of undeveloped property, both of which are owned by Mr. Haddad. The alley is
located approximately 600 feet south of Inland Center Drive and east of Scenic Drive.
The petition and exhibits submitted with the petition are attached hereto.
Since the time of the application submission, a number of utilities have been relocated
out of the alley area. Mr. Haddad has submitted plans to construct a service station at
the location. In order for the project to commence, an alley vacation is required to
accommodate the proposed development.
Discussion
If authorization is given to proceed, an investigation and analysis will begin and all City
19
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departments, County Fire, utilities, and affected property owners will be notified of the
proposal and will be provided an opportunity to comment on any conflicts and/or
potential issues or concerns.
Future actions by the City will consist of:
Resolution of Intention by the Mayor and City Council setting a Public Hearing
pursuant to Streets and Highway Code Section 8320
Publication of Notices of Vacation pursuant to Streets and Highways Code
Sections 8322 & 8323
Public Hearing and Resolution of Vacation pursuant to Streets and Highways
Code Section 8324
Recordation of the Resolution of Vacation pursuant to Streets and Highways
Code Section 8325
2020-2025 Key Strategic Targets and Goals
Investigation of property that has been requested to be vacated is consistent with Key
Target No 1d: Minimize risk and litigation exposure , as it provides the necessary
notification to possible stakeholders and owners of utility infrastructure in the area that
may be impacted by approval the vacation action.
This project is consistent with Key Target No. 2a: Develop and implement a community
engagement plan. Public Hearings conducted in response to re quests for street
vacations provide an opportunity for surrounding property owners and members of the
public to engage with the Mayor and City Council, provide input through public
comments, and share in the discussion regarding vacating the public right of way.
Fiscal Impact
There is no fiscal impact associated with this action. Costs incurred with this action will
be offset by the non-refundable petitioner-paid processing fee of $2,000. To date
$1,000 of this fee has been paid to the City.
Conclusion
It is respectfully recommended that the Mayor and City Council of the City of San
Bernardino, California, authorize staff to proceed with an investigation and analysis for
the proposed vacation of an existing alley east of Scenic Drive, approximately 600 fe et
from Inland Center Drive.
Attachments
Attachment 1 Application
Attachment 2 Legal Description and Plat Map
Ward: 3
Synopsis of Previous Council Actions:
None
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Page 1
Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: First Amendment to the Professional Services Agreement with
Engineering Resources
Recommendation
Adopt Resolution No. 2020-172 of the Mayor and City Council of the City of San
Bernardino, California, approving the First Amendment to Professional Services
Agreement (First Amendment) with Engineering Resources of Southern California, Inc.
(ERSC) in the amount of $7,000, for a total contract compensation amount of $197,000,
to perform services for Sierra Way Storm Drain Improvements ("Project"); and authorize
the City Manager or designee to execute the First Amendment.
Background
On December 5, 2018, the Mayor and City Council adopted Resolution 2018 -311
approving an Agreement with Engineering Resources of Southern California (ERSC) to
provide design services for Sierra Way Sto rm Drain Improvements ("Project"). This
Project is needed to comply with the County of San Bernardino Flood Control District
Comprehensive Storm Drain Plan Project No. 7 -B23. The Project will extend the
existing storm drain line, located in the vicinity of Electric Avenue and Parkdale Street,
along Sierra Way, Palmyra Drive, Lugo Avenue, 40th Street, Sepulveda Avenue, and
will ultimately terminate near 44th Street. Potholing and surveying along these
roadways is necessary to locate and identify existing utilities in the project area.
Discussion
The original scope of work for the project required ERSC to perform utility research
locating the existing utilities, determine the existing utilities in conflict with the proposed
storm drain path and prepare a potholing map identifying the existing utilities to be
potholed. The original proposal anticipated potholing work at 15 locations. Upon
completion of the initial utility research and delineation of existing utilities on the plans,
it was determined that additional six locations required investigation, bringing the total
to 21 locations. It was also determined that the selected water valve cans along the
project reach were to be field surveyed to determine the approximate depth of the
existing waterlines to minimize the potholing cost.
In May, staff negotiated with ERSC to complete the additional work at six (6) additional
pothole locations and perform additional surveying for a cost of $7,000, bringing the
total contract compensation amount to $197,000.
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2020-2025 Key Strategic Targets and Goals
This project is consistent with Key Target No 1d: Minimize risk and litigation exposure.
This project will contribute to enhanced storm water flow and will reduce risks
associated with roadway flooding within the project area.
Fiscal Impact
No General Fund impact. Funding for the Sierra Way Storm Drain Improvements
Project was previously approved in the FY19/20 Capital Improvement Plan (CIP).
Budget in the amount $3,977,832 remains available in the Storm Drain Fund No. 248-
160-8673-5504.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-172 approving the First Amendment to
Professional Services Agreement (First Amendment) with Engineering Resources of
Southern California, Inc. (ERSC) in the amount of $7,000, for a total contract
compensation amount of $197,000, to perform services for Sierra Way Storm Drain
Improvements ("Project"); and authorize the City Manager or designee to execute the
First Amendment.
Attachments
Attachment 1 Resolution 2020-172; Exhibit “A” - First Amendment to Professional
Services Agreement
Attachment 2 Professional Services Agreement with ERSC
Attachment 3 Location Map
Wards: 4, 7
Synopsis of Previous Council Actions:
12/05/18 Resolution No. 2018-311 adopted approving Agreement with Engineering
Resources of Southern California, Inc. to provide design services for
Sierra Way Storm Drain Improvements Project (SD19-003).
6/19/19 Resolution No. 2019-168 approving Capital Improvement Program
FY2019/2020
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RESOLUTION NO. 2020-172
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING THE FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT (FIRST
AMENDMENT) WITH ENGINEERING RESOURCES OF
SOUTHERN CALIFORNIA, INC. (ERSC) IN THE AMOUNT
OF $7,000, FOR A TOTAL CONTRACT COMPENSATION
AMOUNT OF $197,000, TO PERFORM SERVICES FOR
SIERRA WAY STORM DRAIN IMPROVEMENTS
("PROJECT"); AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO EXECUTE THE FIRST
AMENDMENT
WHEREAS, The Mayor and City Council adopted Resolution No. 2018-311 approving a
Professional Services Agreement with Engineering Resources Of Southern California, Inc.
(ERSC) to provide design services for Sierra Way Storm Drain Improvements (SD19-003) to
comply with the County of San Bernardino Flood Control District Comprehensive Storm Drain
Plan Project No. 7-B23; and
WHEREAS, the original scope of work anticipated potholing and surveying at 15
locations for the Project; and
WHEREAS, potholing services at an additional six (6) locations and additional
surveying has been identified as a requirement to complete this portion of the Project work; and
WHEREAS, staff has negotiated a cost for the additional potholing and surveying work
to be performed and the City now wishes to amend the original Consultant Services Agreement
with ERSC for design services.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or her designee is hereby authorized to execute the First
Amendment to Professional Services Agreement with Engineering Resources of Southern
California, Inc., (ERSC) in the amount of $7,000 for a total Agreement amount of $197,000, a
copy of which is attached as Exhibit “A” and incorporated herein.
SECTION 3. The Director of Finance is aut horized and directed to record any
necessary budget adjustment s in support of the First Amendment.
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
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Resolution No. 2020-172
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
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Resolution No. 2020-172
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of _______
2020 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of
____________ 2020.
Genoveva Rocha, CMC, Acting City Clerk
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FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC.
This First Amendment to the Professional Services Agreement (“First Amendment”) is
made and entered into as of July 15, 2020 by and between the City of San Bernardino, a charter
city and municipal corporation (“City”), and Engineering Resources of Southern California, Inc.
(“Consultant ”). City and Consultant are hereinafter sometimes referred to individually as
“Party” and collectively as “Parties.”
WHEREAS, the Parties entered into a Professional Services Agreement on December 5,
2018, to provide professional engineering services to provide design services for Sierra Way
Storm Drain Improvements (SD19-003) (the “Original Agreement”); and
WHEREAS, the Parties now desire to amend the Original Agreement to increase the
contract amount in exchange for additional utility research at six locations.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Amendment to Price. Section 4.b. of the Original Agreement is amended to
replace the not -to-exceed sum of “$190,000” with the not -to-exceed sum of “$197,000.”
2. Amendment to Scope. The Scope of Services attached to the Original Agreement
is amended to hereby amended to increase the number of locations for which initial utility
research and delineation of existing utilities on the plans is required from 15 to 21 locations.
3. Effect on Original Agreement . All other provisions of the Original Agreement
shall remain in full force and effect.
4. Effective Date. This First Amendment shall take effect upon execution by all the
Parties, which execution may be in counterparts.
IN WITNESS WHEREOF, the Parties have executed this First Amendment as of the date
first written above.
CITY OF SAN BERNARDINO: CONSULTANT
_________________________________ By: ________________________________
Teri Ledoux, City Manager
Its: ________________________________
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Location Map
Attachment No. 3
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Consent Calendar
City of San Bernardino
Request for Council Action
Date: July 15, 2020
To: Honorable Mayor and City Council Members
From: Teri Ledoux, City Manager
By:Kris Jensen, Director of Public Works
Subject: Used Oil Payment Program (OPP11)
Recommendation
Adopt Resolution No. 2020-174 of the Mayor and City Council of the City of San
Bernardino, California, authorizing the submittal of applications for CalRecycle payment
programs and approving related authorizations.
Background
The California Oil Recycling Enhancement Act (Public Resources Code 48600)
provides for funding to assist local governments in developing and maintaining used oil
and used oil filter collection/recycling programs in their communities.
On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019 -173 which
authorized the City to request funding for used oil and used oil filter activities, which
provided the City $58,841 for the continued implementation, education/outreach and
promotion of used oil and used oil filter recycling within the City.
Discussion
The City has received approximately $59,000 annually from the Department of
Conservation, Division of Recycling, for the past twenty four (24) years. If awarded, this
will be the twenty fifth (25th) year that the City will have received used oil and used oil
filter recycling funds from the Department of Resources, Recycling and Recovery
(CalRecycle), which administers this program.
Staff proposes to continue used oil and used oil filter recycling education and outreach
for single family and multi-family housing residents which includes advertising,
promotions, recycling guides and sponsorship's with local organizations such as the
San Bernardino County Fire Department - Household Hazardous Waste, Inland Empire
66ers Baseball Club and SoCal Sports Club (SB Soccer). Staff will also continue to use
oil program funds for materials and supplies for in house HHW cleanup efforts.
Partnership with the San Bernardino County Fire Department will provide City residents
materials and supplies for Do-It-Yourself oil recycling tasks. The Inland Empire 66ers
Baseball Club will provide season long advertising throughout San Manuel Stadium, use
of San Manuel Stadium parking lot for City events, local radio broadcasting/public
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service announcements for recycling used motor oil and filters, City sponsorship of the
annual Earth Day event, annual classic car show and fireworks night. The SoCal Sports
Club will provide ample advertising opportunities at their facility that is comprised of 17
soccer fields for weekly youth tournaments and official matches.
The attached resolution authorizes staff to apply for this and other payment programs
offered by CalRecycle, establishes the City Manager, or designee, as the Signatory
Authority, and will be effective with CalRecycle until rescinded. Approval of the
proposed resolution will expedite staff’s ability to apply for these funds in the future, and
reduce staff time expended on annual preparation of individual CalRecycle payment
program resolutions.
2020-2025 Key Strategic Targets and Goals
The request to submit an application for Used Oil Payment Program (OPP 11) aligns
with Key Target 1.a: Financial Stability - Secure a long-term revenue source. Annual
program funds (if awarded) will support the costs associated with used oil recycling and
public education and outreach to the City residents.
Fiscal Impact
No fiscal impact is associated with this action. If awarded, payment program funding
will offset costs of all eligible projects authorized through the specific CalRecycle
payment programs. Revenue and expenditure budgets associated with any CalRecycle
payment program funding award will be recorded in Federal Grant Programs Fund No.
123.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino,
California, adopt Resolution No. 2020-174 authorizing the submittal of applications for
CalRecycle payment programs and approving related authorizations.
Attachments
Attachment 1 Resolution 2020-174
Attachment 2 Program Guidelines
Ward: All
Synopsis of Previous Council Actions:
May 15, 2006 Mayor and City Council adopted Resolution No. 2006-140,
authorizing submittal of Funding Request Form to the California
Department of Conservation, Division of Recycling.
May 23, 2007 Mayor and City Council adopted Resolution No. 2007-167,
authorizing submittal of Funding Request Form to the California
Department of Conservation, Division of Recycling.
July 7, 2008 Mayor and City Council adopted Resolution No. 2006-140,
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authorizing submittal of Funding Request Form to the California
Department of Conservation, Division of Recycling.
May 4, 2009 Mayor and City Council adopted Resolution No. 2009-113,
authorizing submittal of Funding Request Form to the California
Department of Conservation, Division of Recycling.
June 6, 2011 Mayor and City Council adopted Resolution No. 2011-131,
authorizing submittal of Funding Request Form to the Dep artment
of Resources Recycling and Recovery (CalRecycle).
January 23, 2012 Mayor and City Council adopted Resolution No. 2012-017,
authorizing submittal of Funding Request Form to the Department
of Resources Recycling and Recovery (CalRecycle).
April 21, 2014 Mayor and City Council adopted Resolution No. 2014-106,
authorizing submittal of Funding Request Form to the Department
of Resources Recycling and Recovery (CalRecycle).
June 18, 2015 Mayor and City Council adopted Resolution No. 2015-126,
authorizing submittal of Funding Request Form to the Department
of Resources Recycling and Recovery (CalRecycle).
June 6, 2016 Mayor and City Council adopted Resolution No. 2016-113,
authorizing submittal of Funding Request Form to the Department
of Resources Recycling and Recovery (CalRecycle).
July 5, 2017 Mayor and City Council adopted Resolution No. 2017-127,
authorizing submittal of Funding Request Form to the Department
of Resources Recycling and Recovery (CalRecycle).
July 6, 2018 Mayor and City Council adopted Resolution No. 2018-191,
authorizing submittal of Funding Request Form to the Department
of Resources Recycling and Recovery (CalRecycle).
July 17, 2019 Mayor and City Council adopted Resolution No. 2019-173,
authorizing submittal of Funding Request Form to the Department
of Resources Recycling and Recovery (CalRecycle).
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RESOLUTION NO. 2020-174
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE SUBMITTAL OF APPLICATIONS
FOR CALRECYCLE PAYMENT PROGRAMS AND
APPROVING RELATED AUTHORIZATIONS
WHEREAS, pursuant to Public Resources Code sections 48000 et seq., 14581, and
42023.1(g), the Department of Resources Recycling and Recovery (CalRecycle) has established
various payment programs to make payments to qua lifying jurisdictions; and
WHEREAS, in furtherance of this authority, CalRecycle is required to establish
procedures governing the administration of the payment programs; and
WHEREAS, CalRecycle’s procedures for administering payment programs require,
among other things, an applicant’s governing body to declare by resolution certain authorizations
related to the administration of the payment program.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. T he City of San Bernardino is authorized to submit an application to
CalRecycle for any and all payment programs offered.
SECTION 2. The City Manager, or designee, is hereby authorized as Signature
Authority to execute all documents necessary to implement and secure payment through payment
programs offered by CalRecycle.
SECTION 3. This authorization is effective until rescinded by the Signature Authority or
this governing body
SECTION 4. The Director of Finance is hereby authorized to amend the fiscal year
budgets as necessary in the event of payment program award.
SECTION 5. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the a ctivity is not
subject to CEQA.
SECTION 6. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
21.a
Packet Pg. 1345 Attachment: PW.OPP 11 Used Oil recycling Resolution [Revision 2] (6795 : Used Oil Payment Program (OPP11))
Resolution No. 2020-174
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the Acting City Clerk this ___ day of __________ 2020.
John Valdivia, Mayor
City of San Bernardino
Attest:
Genoveva Rocha, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho , City Attorney
21.a
Packet Pg. 1346 Attachment: PW.OPP 11 Used Oil recycling Resolution [Revision 2] (6795 : Used Oil Payment Program (OPP11))
Resolution No. 2020-174
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, Acting City Clerk, hereby certify that the attached is a true
copy of Resolution No. 2020-___, adopted at a regular meeting held on the ___ day of July 2020
by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
NICKEL _____ _____ _______ _______
RICHARD _____ _____ _______ _______
MULVIHILL _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of July 2020.
Genoveva Rocha, CMC, Acting City Clerk
21.a
Packet Pg. 1347 Attachment: PW.OPP 11 Used Oil recycling Resolution [Revision 2] (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 1
June 2020
Department of Resources Recycling and Recovery
Used Oil Payment Program
Guidelines
11th Cycle (OPP11) – Fiscal Year 2020–21
Table of Contents
Overview and Statutory Authority ............................................................................... 3
Timeline and Cycle Activity .......................................................................................... 3
Eligible Applicants ........................................................................................................ 4
Charter Cities ............................................................................................................... 4
Regional Application Requirements ............................................................................. 4
Joint Powers Authority Application Requirements ........................................................ 4
Application Instructions ............................................................................................... 6
Application Access ....................................................................................................... 6
Application Contents and Instructions .......................................................................... 6
Program Requirements Tab ..................................................................................... 6
Contacts Tab ............................................................................................................ 6
Addresses Tab ......................................................................................................... 7
Participating Jurisdictions Tab .................................................................................. 7
Documents Tab ........................................................................................................ 7
Application Submittal and Deadline ............................................................................. 7
Public Records Requests ............................................................................................. 7
Application Process...................................................................................................... 8
Application Documents ................................................................................................ 9
Electronic and Original Signatures ............................................................................... 9
Application Certification ................................................................................................ 9
Authorizing Documents ................................................................................................ 9
Resolution ................................................................................................................. 9
Joint Powers Agreement ......................................................................................... 10
Letter of Authorization............................................................................................. 10
Letter of Designation .............................................................................................. 11
Review and Award Process ........................................................................................ 12
Application Review Process ....................................................................................... 12
Payment Award Process ............................................................................................ 12
Payment Award Conditions ........................................................................................ 12
Notice of Award .......................................................................................................... 12
Application Revisions ................................................................................................. 12
Denial of Application .................................................................................................. 12
Term and Payments ................................................................................................... 13
Eligible Costs ............................................................................................................. 13
Expenditures .............................................................................................................. 13
21.b
Packet Pg. 1348 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 2
Expenditures Requiring Approval ............................................................................... 13
Pre-Approved Expenditures ....................................................................................... 14
Ineligible Costs ........................................................................................................... 15
Publicity, Education, and Outreach ............................................................................ 16
Acknowledgement ...................................................................................................... 17
Graphics ..................................................................................................................... 17
Certified Collection Center (CCC) Site Visit Requirements ........................................ 18
Stormwater Mitigation ................................................................................................ 18
Annual Reporting ....................................................................................................... 18
Expenditure Reporting ............................................................................................... 19
Unspent Funds ........................................................................................................... 19
Audit, Accounting, and Records Retention ................................................................. 19
Discretionary Termination .......................................................................................... 20
Termination for Cause ................................................................................................ 20
Indemnity ................................................................................................................... 20
Compliance ................................................................................................................ 20
21.b
Packet Pg. 1349 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 3
Submittal of a Used Oil Payment Program (OPP) Application constitutes
acceptance of these Guidelines as the controlling requirements for receiving,
spending, and accounting for OPP funds and for annual reporting. The
application and these Guidelines shall constitute the OPP Agreement.
Overview and Statutory Authority
The Department of Resources Recycling and Recovery (CalRecycle) offers the Used
Oil Payment Program pursuant to Section 48600 of the Public Resources Code.
The California Public Resources Code (PRC) section 48600 et seq. describes the
California Oil Recycling Enhancement Act (Act), which, among other things, provides up
to $11 million annually in payments to local governments for implementation of local
used oil and filter collection programs. The Department of Resources Recycling and
Recovery (CalRecycle) is responsible for administering the OPP. These Guidelines
describe the application and administrative processes to implement the OPP Cycle 11.
Payment Recipients (recipients) are responsible and accountable for ensuring that
expenditures are appropriate and that proper internal supporting documentation is
maintained. To ensure full compliance with OPP’s processes and requirements, OPP
applicants/recipients must adhere to these Guidelines and the program provisions set
out in the Act, notably PRC sections 48674, 48690, and 48691.
Note: The anticipated amount for FY 2020–21 is $7,100,000. The amount available is
subject to change, based on the availability of oil funds.
This resource document provides applicants with instructions to access and complete
the application online and information about the administration of the Used Oil Payment
Program. The web-based application is in CalRecycle’s Local Government Oil Payment
Program (LoGOPP) (https://secure.calrecycle.ca.gov/LoGOPP/SignIn.aspx). You will
need to sign into LoGOPP to complete and submit an application.
Timeline and Cycle Activity
Dates Activity
July 9, 2020 Application Due Date
Applications must be submitted in LoGOPP by 11:59 p.m.
on this date.
Customer service will be available until 4:00 p.m.
August 6, 2020 Secondary Due Date
Approved Resolution must be uploaded in LoGOPP by this
date.
If applicable, Letters of Authorization must be uploaded in
LoGOPP by this date.
Spring 2021 Payments Awarded
Unless a Fall 2020 payment is requested by the applicant
and subsequently approved by CalRecycle.
July 1, 2020 –
June 30, 2022
Cycle Term Dates
21.b
Packet Pg. 1350 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 4
Dates Activity
August 15, 2021
and August 15,
2022
Annual Report Due Dates
Due no later than August 15 of each year during
performance period. If the due date falls on a Saturday or
Sunday, the online report must be submitted by the
following Monday.
Eligible Applicants
Applicants are limited to local governments, which are defined in statute as "any
chartered or general law city, chartered or general law county, or any city and county."
CalRecycle may make a payment to another entity that will implement the program on
behalf of a local government (in lieu of making a payment to that local government) with
the agreement of that local government.
Applicants that comply with PRC sections 48690 and 48691 are eligible to apply for
and, if approved, receive payment through the OPP. Applicants must have a used oil
collection program which provides either of the following or a combination of the two:
Ensures there is at least one certified used oil collection center (CCC) for every
100,000 residents not served by curbside collection.
Provides used oil curbside collection at least once a month.
In addition to meeting at least one of the requirements above, applicants must have a
public education component that informs the public of locally available used oil recycling
opportunities.
Charter Cities
California Labor Code section 1782 prohibits a charter city from receiving state funding
or financial assistance for construction projects if that charter city does not comply with
Labor Code sections 1770-1782. If any applicants or participating jurisdictions are
charter cities or joint powers authorities that include charter cities, the lead participating
jurisdiction must certify that Labor Code section 1782 does not prohibit any included
charter city from receiving state funds for the project described in this application. If it is
determined after award that an applicant or a participating jurisdiction is a charter city
prohibited from receiving state funds for their project, the award will be terminated and
any disbursed OPP funds shall be returned to CalRecycle.
Regional Application Requirements
Local governments may join together in a regional application, in which two or more
eligible jurisdictions join together for the purpose of project implementation. A Regional
Lead Participant (Lead) must be designated to act on behalf of all participating
jurisdictions. An entity that is not a local government, such as a district, can be
delegated as a Lead but is not eligible to join as a participant. The Lead is the applicant
who will be responsible for the performance of the OPP and all required documentation.
CalRecycle will direct all official correspondence and payments to the Lead. If a
jurisdiction is a participant in a regional application, it may not apply individually.
Joint Powers Authority Application Requirements
Joint Powers Authorities (JPA) may submit an application as an individual applicant.
The JPA must upload a copy of its joint powers agreement giving it authority over used
21.b
Packet Pg. 1351 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 5
oil management, listing all member entities, and containing the signature of all
members. An entity may not submit an individual application if that entity is also a
member of an applicant JPA.
21.b
Packet Pg. 1352 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 6
Application Instructions
Application Access
The application is available on CalRecycle’s online Local Government Oil Payment
Program (LoGOPP) (https://secure.calrecycle.ca.gov/LoGOPP/SignIn). Access to
LoGOPP is secure; therefore, you must have a CalRecycle WebPass in order to log into
the system. Applicants who have not previously obtained a CalRecycle WebPass can
create an account at the CalRecycle WebPass Site
(https://secure.calrecycle.ca.gov/WebPass/). After you activated the account, you can
request LoGOPP access by contacting your Program Advisor.
When you are ready to start an application, log into LoGOPP
(https://secure.calrecycle.ca.gov/LoGOPP/SignIn ), select “Applications” on the left.
OPP cycles are displayed in a table. Click on “Add Application” button on the top right.
The application then opens to the Program Requirements Tab.
Application Contents and Instructions
The components of the application are divided into tabs. To fill out an applicatio n, click
on each tab and complete the sections in each tab as required. General directions are
on the top of each tab and detailed information about the requirements for each tab are
listed below.
The applicant is responsible for a complete application. This includes signing
documents, uploading required documents, and submitting the application by the due
date(s). Failure to do so will result in disqualification from the OPP. Examples of
disqualifications may include:
Applicant does not meet the eligibility requirements
Uploading incomplete or blank documents to the Documents tab
Signature Authority fails to sign Application Certification or any document that
requires a signature
The online application is incomplete or missing information
Program Requirements Tab
This tab provides a summary of the application, due dates, program requirement
questions, payment options, important links, and the submit application button (once
minimum requirements are complete). It is the applicant’s responsibility to ensure that
all required documents, based on the individual application/project, are submitted by the
appropriate due date.
Contacts Tab
The application is required to have only one Primary Contact and at least one Signature
Authority. Contacts will automatically populate based on your previous year’s
application, when applicable. You must verify that the contacts are still the same;
otherwise, you can add, edit or delete contacts before you submit your application.
Primary Contact. One person who has been authorized by the Signature
Authority/Designee to manage and oversee the program. This person will be the
first contact with whom the CalRecycle will communicate.
Signature Authority. The person(s) authorized to sign CalRecycle documents,
such as applications, annual reports, etc., as authorized by a board/council-
21.b
Packet Pg. 1353 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 7
adopted Resolution, Letter of Designation, or Letter of Commitment (if
applicable).
Secondary Contact. A person authorized (by the Primary Contact or Signature
Authority/Designee) as the alternate person with whom CalRecycle will
communicate. (Not required)
Consultant. A professional who provides advice in a particular area of
expertise. If the applicant is awarded, the consultants may manage the program
or only conduct specific activities, based on a written agreement between the
applicant and the consultant outlining work to be performed. (Not required)
Addresses Tab
All applicants are required to enter a physical address and a payment address. There is
also an option to enter a mailing address. If more than one address is the same, you
may select the appropriate address types and enter the address only once.
Participating Jurisdictions Tab
Only regional applicants or Individual Joint Powers Authorities (JPA) applicants are
required to use this tab. Individual applicants that are not JPAs will not use this tab.
Only local governments are eligible as participating jurisdictions in a regional
application. Select the name of each eligible participating jurisdiction, or each JPA
member participating in the application, and move them to the left.
Documents Tab
When uploading a document, enter a document title and select the appropriate
document type from the drop down list. Click the “Browse” button to locate the
document you wish to upload. Once you have finished, click the “save” button. See the
Authorizing Documents section below.
After all of the required application documents are uploaded, return to the Program
Requirements tab and print the Application Certification. The applicant must obtain
a wet ink signature from the authorized Signature Authority (identified in your Resolution
or Letter of Commitment), scan the signed document, upload it, and retain the original
hard copy document.
Application Submittal and Deadline
The Submit Application button will be enabled after the Application Certification has
been uploaded. You may upload any authorizing documents such as the Resolution,
Letter of Designation, Letters of Authorization, or JPA Agreements either at the time of
submittal or by the secondary due date of August 6, 2020. Click the Submit
Application button and then the application status will change to Submitted. The
application can only be submitted once; however, you will be able to upload authorizing
documents until the secondary due date.
Applications must be submitted no later than 11:59 p.m. on July 9, 2020. Customer
service will be available until 4:00 p.m. on the application due date either by emailing
grantassistance@calrecycle.ca.gov or calling Natalie Gandolfo at (916) 341-6809.
Public Records Requests
It is the policy of CalRecycle to make records requested by the public promptly available
in accordance with the California Public Records Act Requests laws
(https://www2.calrecycle.ca.gov/Forms/ContactUs/PublicRecordsRequest/) governing
21.b
Packet Pg. 1354 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 8
disclosure of records and information to the public. In general, all records in the
possession of a state agency are public records subject to disclosure, unless a law
provides that a particular kind of record or information is not a public record or is exempt
or prohibited from disclosure. Upon request, the entire contents of your submitted
application are subject to public records requests. This may include contact
information, project summary, uploaded documents, and scoring information .
Application Process
The application process requires that applicants must:
1. Submit a completed online application to CalRecycle by the application due date
and upload an electronic (scanned) version of the signed application certification
page in the online system.
2. Retain in its OPP file the original hard copy of the application certification page
signed by the applicant’s Signature Authority.
3. Submit the authorizing documents by the secondary due date (see the Timeline
and Cycle Activity table for due date).
An important OPP11 application approval requirement includes the submittal of the
following:
1. Submit a completed annual report in LoGOPP (see Timeline and Cycle Activity
table for due date) for OPP9 and/or OPP10 by August 15, 2020. If the due date
falls on a Saturday or Sunday, the online report must be submitted by the
following Monday.
2. Have no outstanding debt(s) owed to CalRecycle.
3. Return any unspent funds from the closed cycle 9 to CalRecycle by August 15,
2020 (see Unspent Funds section).
If you have any questions regarding the application process, please call Natalie
Gandolfo at (916) 341-6809 or send an e-mail to grantassistance@calrecycle.ca.gov.
Technical assistance will be provided until 4:00 p.m. on the application due date.
21.b
Packet Pg. 1355 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 9
Application Documents
Electronic and Original Signatures
CalRecycle documents or forms that certify legally binding information require an
original wet ink signature. If a signature block with penalty of perjury language is
provided please provide a wet ink signature. CalRecycle will accept electronic
signatures on all other documents. If you have questions, email
grantassistance@calrecycle.ca.gov.
Application Certification
The Application Certification is a required application document that must be generated
from LoGOPP. After each tab of the application is complete, generate the Application
Certification from the Program Requirements tab. A wet ink signature from the
authorized Signature Authority (identified in your Resolution or Letter of Designation) is
required. Once it is signed, scan the document, upload it, and retain the original hard
copy document.
Authorizing Documents
Below is a list of documents that the applicant is responsible for preparing and
uploading to their application. For examples of these documents, please see
CalRecycle’s Resolution and Letter Examples webpage
(https://www.calrecycle.ca.gov/funding/sampledocs).
Authorizing documents must be uploaded no later than 11:59 p.m. on August 6, 2020.
Customer service will be available until 4:00 p.m. on the secondary due date.
Resolution
Any applicant that is subject to a governing body mu st upload a Resolution that
authorizes payment program-related matters. A copy of the authorizing Resolution is a
required application document that must be uploaded no later than the secondary due
date or the application will be deemed incomplete and will be disqualified. Resolution
requirements vary for individual and regional applications. See the Resolution and
Letter Examples (https://www.calrecycle.ca.gov/funding/sampledocs) for more
information. CalRecycle staff are available to answer questions about the Resolution or
letter examples, or to review your draft Resolution to ensure it meets the requirements
of the program. You may upload the Resolution to your application as a Draft
Resolution or for immediate review email it to grantassistance@calrecycle.ca.gov.
Individual Application Requirements:
1. The Resolution must authorize submittal of an application for one or more
specifically named CalRecycle Payment Programs or for all CalRecycle Payment
Programs for which the applicant is eligible.
2. The Resolution must identify the period of time, up to and including until
rescinded, during which the authorizations are valid. “Until rescinded” Resolutions
are encouraged; however, specific periods of time are acceptable. If a Resolution
does not specifically identify a period of time, it will be considered valid for one
year from the date of adoption.
3. The Resolution must identify the Signature Authority by listing the job title of the
person(s) authorized to sign all payment program-related documents necessary to
implement and close-out the project(s).
21.b
Packet Pg. 1356 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 10
(Optional but encouraged): The Resolution should authorize the Signature Authority to
delegate his/her Signature Authority to another person identified by job title.
Note: The Signature Authority must sign a Letter of Designation prior to the Designee’s
exercise of his/her authority.
Regional Application Requirements:
1. The Regional Lead Participant (Lead) must submit an approved Resolution
that authorizes it to act as a lead for a regional program. This Resolution
authorizes submittal of a regional application on behalf of the Lead and
specifically named participants, and includes authorization letters from the
participating jurisdictions authorizing the Lead to act o n their behalf for this
cycle.
2. If the Resolution is valid for more than one year, it is highly recommended
that a) the list of participants be provided as an attachment rather than
embedded in the Resolution, and b) the Signature Authority be authorized to
revise the list as necessary with each subsequent application (this allows a
Signature Authority to add or remove participants with each new application
without the necessity of obtaining a new Resolution).
3. Participants subject to a governing body must provide a Letter of
Authorization to the Lead authorizing the Lead to act on its behalf for this
cycle. Letters of Authorizations may be valid for as long as the Lead’s
Resolution, not to exceed five years, otherwise must be dated within the last
12 months. Copies of the Letters of Authorization must be uploaded with the
application by the secondary due date.
Note: Existing approved multi-year OPP Resolutions will be accepted. However, if a
new Resolution is required, we encourage the use of general payment program
language as shown in our Resolution and Letter Examples webpage
(https://www.calrecycle.ca.gov/funding/sampledocs).
Joint Powers Agreement
Joint Powers Authorities (JPA) must upload a copy of its joint powers agreement giving
it authority to conduct the project, listing all member entities, and containing the
signature of all members. Letters of Authorization are not required for JPA applicants.
Letter of Authorization
A Letter of Authorization is used for Regional applications. It is prepared by the
Participating Jurisdiction and gives the Lead Participant authorization to apply for and to
act on its behalf in the implementation and administration of the grant/program. The
Lead must upload the Letter of Authorization no later than the secondary due date or
the Participating Jurisdiction(s) will be removed from the application . The Lead
Participant must maintain the letter with the original signature in their file. The letter
must be on the Participant’s official letterhead, signed by an individual authorized to
contractually bind the Participating Jurisdiction, and include the information below.
The letter may be valid for as long as the Lead’s Resolution, not to exceed five
years, otherwise must be dated within the last 12 months.
It must authorize the Lead to submit a regional application and act as Lead
Agency on behalf of the Participating Jurisdiction.
It must authorize the Lead to execute all documents necessary to implement the
grant.
21.b
Packet Pg. 1357 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 11
Letter of Designation
A Letter of Designation is required only when the authorized Signature Authority title
identified in the approved Resolution delegates his/her authority to another person.
First, the approved Resolution must indicate the Signature Aut hority’s ability to delegate
or designate his/her authority. Second, the letter must be uploaded prior to the
Designee’s exercise of his/her authority. For example, if the Designee signs the
Application Certification in place of the Signature Authority, the letter must be uploaded
when the Application Certification is submitted. The letter must be on the applicant’s
letterhead, signed by the Signature Authority, and include the information below.
Identify the job title of the Designee and the scope of th e Designee’s authority.
Identify the period during which the Designee may exercise the authority. The
Designee’s authority may not extend beyond the effective date of the approved
Resolution or Letter of Commitment. For example, if the Resolution is effective
until December 31, 2022, then the Letter of Designation may not be effective
beyond December 31, 2022. If the letter does not identify a valid time period, the
letter will follow the same time frame as the Resolution.
21.b
Packet Pg. 1358 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 12
Review and Award Process
Application Review Process
After the close of the application period, CalRecycle staff will review the applications for
completeness and eligibility. Only complete applications will be considered for award.
Payment Award Process
For qualifying applications, CalRecycle staff will develop funding recommendations for
the consideration and approval from CalRecycle’s Director, or their designee; this is
tentatively scheduled for October 2020.
Payment Award Conditions
When awarded, this payment will be subject to these conditions:
1. The recommended grantee must pay all outstanding debts owed to CalRecycle,
or bring current outstanding payments owed to CalRecycle , within 60 days of the
date of the award email.
2. The recommended payee must have returned any unspent OPP funds from all
closed cycles to CalRecycle by August 15, 2020.
3. The recommended payee must have submitted a completed Annual Report in
LoGOPP for their OPP Cycles by August 15, 2020. (This does not apply to new
program applicants.)
Failure to comply with any of these requirements will void the award.
Notice of Award
Upon approval of annual reports and applications, recipients will be notified by email
that an OPP award has been awarded and that they are authorized to incur costs and
expend funds in furtherance of their programs. Expenditures incurred prior to the award
notice, but after the cycle term start date, are subject to the OPP11 Guidelines, and are
incurred at the recipient’s own risk. A listing of the award amounts for all recipients will
be posted on the Used Oil Payment Program (OPP) webpage
(https://www.calrecycle.ca.gov/usedoil/lgpayments/).
Application Revisions
Once approved, the recipient/regional lead is contractually bound to carry out the used
oil program in accordance with the OPP Guidelines. The recipient and/or any regional
participant that submitted a Letter of Authorization cannot withdraw or amend their
application.
Denial of Application
CalRecycle will notify an applicant and provide the reasons for denial of an application.
In such cases, potential applicants are encouraged to contact and work with CalRecycle
to ensure that its jurisdiction meets the necessary requirements prior to the next
application cycle.
21.b
Packet Pg. 1359 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 13
Term and Payments
The term of the OPP cycle is 24 months (refer to the Timeline and Cycle Activity table
for the cycle term dates) and funds must be expended or returned to CalRecycle as
described in the Unspent Funds section.
Payments must be placed into an interest bearing account. Tracking and reporting of
interest earned (if any) on the payment is not required. All interest accrued and
received from the OPP funds shall be used only for eligible expenses related to the
performance of this Agreement.
As part of the application process, an applicant may request receipt of its annual
payment in fall 2020 (around October) or spring 2021 (around April). For CalRecycle to
approve the fall payment request, all funds from any previous OPP cycles must be
spent. Otherwise, the standard spring payment will be issued.
Eligible Costs
All expenditures must be for the purposes of establishing and maintaining a used oil
program as set forth in PRC sections 48690 - 48691
(http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PRC§i
onNum=48691.) Eligible costs must be incurred and accrued (if applicable) during the
cycle term.
Expenditures
Used oil and used oil filter collection and recycling activities, educational activities, and
mitigation of used oil in stormwater runoff are statutory components of local used oil
collection programs (PRC section 48691). Accordingly, these activities should be the
focus of OPP expenditures.
All expenditures are to be reported in LoGOPP for the Annual Report. Eligible
expenditures must include invoice details under the Expenditure tab for each cycle.
Expenditures must be paid for before submitting the Annual Report. Jurisdictions are
not required to upload the invoices or proof of payment, unless requested by the
program advisor.
Expenditures included in the Annual Report for an ending cycle may not be cancelled
after the Annual Report is submitted. Cancelation of an ending cycle expenditure after
submitting the Annual Report may impact the jurisdiction’s ability to receive future
awards.
The recipient must expend all of the available funds from the oldest OPP cycle prior to
spending any funds from the most recent OPP cycle. It is acceptable to split an invoice
across two separate OPP cycles in order to “zero out” all funds in the oldest OPP cycle
before using funds from a more recent OPP cycle. Expenditures that are split need to
be clearly identified and retained in both cycle files to facilitate review and retention (see
the Audits, Accounting, and Records Retention section).
Expenditures Requiring Approval
Expenditures associated with the tasks or products listed below must be pre-approved
by the CalRecycle Program Advisor using the “Expenditure Requests” option in
LoGOPP prior to incurring the expense; otherwise, CalRecycle may deny the expense.
The review and approval process of an expenditure request is processed through
21.b
Packet Pg. 1360 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 14
LoGOPP only. The submitted material should be the final version. Allow at least five
working days for a review.
Expenditures that require pre-approval include, but are not limited to:
Functional items that contain any messages.
Functional items if the total cost exceeds $25 per person, an individual item that
exceeds $12, or an oil filter that exceeds $15. All cost values are before sale tax.
All television, video, radio scripts, social media, and electric/printed material for
public display.
Developing, purchasing, or distributing useful educational/promotional materials
informing the public about used oil and used oil filter collection and recycling.
Examples include, but are not limited to, newspaper advertisements, brochures,
flyers, utility inserts, booklet, and promotional stickers/labels.
School presentations (submit script and presentation purpose to the Program
Advisor for review).
Surveys (excluding simple surveys that are conducted at oil filter exchange
events/used oil outreach booths).
Purchase of equipment over $500 (excluding sale tax).
Any construction activity (includes improvements to facility/building(s)/site(s)
directly related to used oil).
Used oil stormwater mitigation activities pursuant to PRC section 48691 (refer to
the Stormwater Mitigation section).
Any item that is not included on the pre-approved list below.
Pre-Approved Expenditures
The following do not require an Expenditure Request for approval:
Maintaining a used oil and filter program.
Curbside used oil and used filter hauling/disposal costs.
Booth rentals for used oil events. Anything less than 100% used oil related
requires an Expenditure Request.
Developing, purchasing and/or distributing the following used oil program
materials that have a functional purpose associated with an environmental
benefit: marine absorbent bilge pads, oil funnels, oil drain containers, oil change
rags, new oil filters for exchanges, Ziploc-type filter bags, cardboard creepers,
filter wrenches/removers, dirty filter recycling containers, maps of collection
centers, and tide charts. If distributing these items in oil change kits, each kit
cannot exceed $25 (excluding sales tax) and each item, whether it is included in
the kit or distributed separately, cannot exceed $12 (excluding sales tax).
Reminder: Any messages on these functional items require an Expenditure
Request.
Used oil filter exchange activities for a free replacement oil filter of equal value
(shelf price). Filters must not exceed $15 (excluding sales tax) and the limit is
two filters per household. Vouchers/coupons may be given out for managing and
tracking exchanges but must be redeemed on the same date of the event. The
oil filter cost is not counted towards the $25 maximum allowed for oil change kits.
Tablet electronic devices (typically seven inches or more measured diagonally)
with a maximum price of $500 (excluding sales tax) and limit of one tablet
(exceptions may be approved on a case-by-case basis), used primarily for the
purposes of used oil/filter public education or outreach. Additional costs can be
spent on accessories for charging, item protection, and security at events.
21.b
Packet Pg. 1361 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 15
Certified Unified Program Agency (CUPA) or other agency inspection fees
directly related to establishing and maintaining an effective oil and oil filter
collection and recycling program.
All lab fees related to testing oil samples for contamination in used oil tanks.
Test kits and other equipment related to monitoring contaminants in oil tanks.
Hazardous Waste Operations and Emergency Response (HAZWOPER) 8-hour
refresher course.
Purchase, rental, and installation costs of portable storage containers or sheds
solely for protection of oil related equipment, activities, and/or supplies.
Personnel costs directly related to OPP activities. Personnel time should be
calculated based on documented actual time spent on OPP -related activities,
should be based on the actual salary or hourly wage paid with benefits, and shall
not include vacation or sick leave time. Refer to the Personnel Expenditure
Summary, CalRecycle 165 form located on the CalRecycle Grant Forms
webpage (https://www.calrecycle.ca.gov/Funding/Forms/).
Indirect/overhead costs up to 10 percent of the OPP eligible expenditures.
Registration and related travel expenses to attend HHW/Used Oil
Conferences/Symposiums (for up to two attendees) and Household Hazardous
Information Exchange (HHWIE). Staying at a hotel the night before a
meeting/event is allowed only if the meeting/event begins at or before 9:00 a.m.
the next morning. Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for
travel policies. Reimbursement rates are subject to change at any time by the
State without prior notification. (Note: This limitation applies to recipients and
consultants/contractors who administer and/or implement a program.)
Any eligible costs not listed above require submission of an “Expenditure Request”
in LoGOPP for review and approval before spending funds.
Ineligible Costs
Any expenditure that does not directly support used oil or used oil filter collection,
recycling or educational activities, or mitigation of used oil in stormwater, or expenses
not directly related to the recipient’s (or consultant's/contractor's) administration of the
OPP are ineligible for funding.
Ineligible costs include, but are not limited to:
Costs incurred or accrued before July 1, 2020 or after June 30, 2022.
Developing, purchasing, or distributing strictly promotional give-away items (Stuff
We All Get, SWAG). Examples include, but are not limited to, key chains, letter
openers, squeegee toys, coffee mugs, water bottles, Frisbees, hats, t -shirts, chip
clips, pens, pencils, beanie babies, screwdrivers, coloring books, small recycling
containers for pencils, magnets, dried sponges, flash drives, reusable bags, etc.
Developing or customizing school curricula. Exceptions may be approved on a
case-by-case basis.
Equipment or services not directly related to used oil activities.
Purchase or lease of land or buildings.
Costs currently covered by or incurred under any other loan, grant, or contract.
Remediation activities (any cleanup or restoration of polluted areas).
Purchase of data plans and/or mobile service plans/hotspots.
Costs related to applications or software for computers/mobile devices.
21.b
Packet Pg. 1362 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 16
Costs related to website host and web page domain.
HAZWOPER 40-hour and 24-hour courses.
Enforcement activities.
Preparation of Household Hazardous Waste (HHW) elements.
Construction and development of any HHW facility that does not have a used oil
or used oil filter collection component.
Construction and development of any HHW permanent facility on non-local
government-owned property.
Any costs for construction projects by charter cities prohibited by Labor Code
section 1782.
Transportation and disposal of non-oil HHW from any facility or event.
Maintaining equipment, materials, or supplies at HHW facilities or ABOP
(antifreeze, battery, oil, and paint) facilities not directly related to the collection of
used oil and used oil filters.
Fines or penalties due to violation of federal, state, or local laws, ordinances, or
regulations, including CUPA fines or penalties.
Personnel costs not directly related to used oil activities.
Food or beverages (e.g., as part of meetings, workshops, or e vents).
Cell phones.
Out-of-state travel.
Travel costs exceeding the state-approved rates for mileage, per diem, lodging,
etc. Refer to the Memorandum
(https://www.calhr.ca.gov/employees/Pages/travel-reimbursements.aspx) for
travel policies. Reimbursement rates are subject to change at any time by the
State of California without prior notification.
Sponsorship or licensing fees for events/programs.
Audit expenses.
Re-refined oil expenses.
Non-CalRecycle Used Oil/HHW sponsored conferences, symposiums, meetings,
etc.
Any costs not consistent with local, state, or federal laws, guidelines, and
regulations.
Costs deemed unreasonable or not related to the project by the Program
Advisor.
Publicity, Education, and Outreach
Used oil publicity, education, and outreach material must directly relate to the collection
and recycling of used oil and/or used oil filters, proper oil disposal practices, and/or the
mitigation of used oil in stormwater activities, and must be approved through the
Expenditure Request process in LoGOPP. The submitted material should be the final
version.
The materials must be functional, as discussed in Eligible Costs, encourage behavioral
change, or provide an educational opportunity for the public.
To be eligible for 100 percent funding, the publicity, education, and outreach
materials must be exclusively devoted to used oil or used oil filter collection and
recycling, and/or the mitigation of used oil in stormwater activities.
To be eligible for 75 percent funding, the materials must have at least 75 percent
of the text and/or images related to used oil or used oil filter collection and
21.b
Packet Pg. 1363 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))
Used Oil Payment Program, OPP11 (FY 2020–21) 17
recycling and/or mitigation of used oil in stormwater activities. The balance of
materials may be related to other programs or materials.
To be eligible for 50 percent funding, the materials must have at least 50 percent
of the text or images related to used oil or used oil filter collection and recycling
and/or mitigation of used oil in stormwater activities. The balance of materials
may be related to other programs or materials.
To be eligible for 25 percent funding, the materials must have at least 25 percent
of the text or images related to used oil or used oil filter collection and recycling
and/or mitigation of used oil in stormwater activities. The balance of materials
may be related to other programs or materials.
Materials containing less than 25 percent coverage of used oil/used oil filter
collection and recycling, and/or mitigation of used oil in stormwater activities will
not eligible for OPP funding.
Acknowledgement
Recipients are required to acknowledge CalRecycle’s support when activities or project s
funded, in whole or in part, are publicized in any news media, social media, webpages,
brochures, articles, seminars, or other type of promotional material. Public education
and outreach materials must provide:
The acknowledgement of CalRecycle’s support must incorporate the CalRecycle
logo. The text “Funded by” or “Funded in part by” may be used in conjunction
with the CalRecycle logo, where appropriate. Initials or abbreviations for
CalRecycle shall not be used. Use the color logo on any material produced in
four or more colors.
The “Used Oil Drop” logo with the words “Recycle Used Oil” or “Recycle Used Oil
and Used Oil Filters” as appropriate. Use the state colors (blue oil drop on yellow
background) for logos on any material produced in four or more colors. (The
color designation for professional printing is Yale Blue -Pantone 286C; Golden
Yellow-Pantone 123C.) The logo is also available in Spanish and Chinese.
Information on used oil and used oil filter collection and recycling/disposal.
A list of used oil collection centers within the targeted community or a local
telephone number or website to obtain further information on local collection
centers. (Use the 1-800-CLEANUP number or Earth911 (https://earth911.com/)
website if your jurisdiction does not maintain its own 24-hour hotline.)
Any use of CalRecycle’s logos should respect the original logo proportions and colors
so as not to compromise image quality.
The Program Advisor may approve a deviation from the prescribed language on a case-
by-case basis.
Graphics
Graphics are available on our Used Oil Graphics webpage
(https://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper) and Used Oil and
Household Hazardous Waste Graphics webpage
(https://www.calrecycle.ca.gov/HomeHazWaste/outreach). For large equipment, a
CalRecycle bumper sticker (http://www.calrecycle.ca.gov/UsedOil/Graphics/#Bumper)
“Funded by CalRecycle” is available and is required to be affixed to all large pieces of
equipment purchased with OPP funds. These can be requested from your Program
Advisor (https://www.calrecycle.ca.gov/HomeHazWaste/Grants/Contacts/) when
21.b
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Used Oil Payment Program, OPP11 (FY 2020–21) 18
available. You can also contact your Program Advisor for CalRecycle and oil program
related graphics.
Certified Collection Center (CCC) Site Visit Requirements
For recipients who administer their used oil program in coordination with a CCC, it is a
program requirement that a site visit be made annually to a minimum of one CCC site
per 100,000 residents being served by the used oil program. When a site visit is
conducted, the jurisdiction needs to complete a Certified Center Site Visit Checklist form
(CalRecycle 664). This form may be generated on the Generate Site Visit Checklists
webpage (https://www2.calrecycle.ca.gov/UsedOil/Forms/SiteVisit/) or found under
“Used Oil Recycling” on the CalRecycle forms webpage
(https://www.calrecycle.ca.gov/Funding/Forms). The completed form is to be retained in
the cycle file and jurisdictions will report the total number of site visits made by the
jurisdiction in the online Annual Report.
Stormwater Mitigation
Since the passage of stormwater related legislation in January 2002, some stormwater
mitigation expenditures are considered eligible expenses through the OPP. To be
considered eligible, each jurisdiction must certify that it has a stormwater mitigation
program that was approved by its local Regional Water Quality Control Board.
Stormwater mitigation is defined in PRC section 48618.4 to include “…the prevention of
stormwater pollution from used oil and oil byproducts and the reduction or alleviation of
the effect of stormwater pollution from used oil and oil byproducts by means of action
taken on public property.”
Mitigation includes the installation of devices and implementation of practices that
prevent used oil and oil byproducts from causing stormwater pollution. Mitigation does
not include the cleanup or restoration of polluted areas.
The following types of storm drain filters (inserts/debris screens) are eligible:
• A catch basin inlet insert that contains oil absorbent media plus a debris screen that
covers the opening to the storm drain inlet. (The debris screen prevents debris and
sediment from entering the storm drain and obstructing the oil absorbent media.)
• A vertical drop-in parking lot inlet insert that contains oil absorbent media (must be
covered by a grate or debris screen).
Note: Periodic clean-out of catch basin inlet inserts to replace their oil-absorbent media
are eligible for OPP funding. However, street sweeping and clean-out of catch basin
inlets without inserts are not eligible for OPP funding.
The Expenditure Request process is required for any used oil stormwater mitigation,
including at marinas and agricultural activities.
Annual Reporting
Annual reporting is a statutory requirement for ongoing eligibility for all OPP recipients.
All reported expenditures and eligible costs must be paid for before the submittal of the
Annual Report. Recipients must meet CalRecycle’s online reporting requirements. The
annual reports for this cycle must be submitted no later than August 15 of each year
during performance period. When a due date falls on a Saturday or Sunday, the online
report must be submitted by the following Monday. Failure to meet this reporting due
21.b
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Used Oil Payment Program, OPP11 (FY 2020–21) 19
date may result in the denial of future funding. An email will be sent to all recipients
when the Annual Report is available for reporting input, completion, and submittal.
Upon completion of the online annual report, the report certification page must be
approved and signed by the Signature Authority. The signed annual report certification
page is to be uploaded to the online system by the recipient and the original signed hard
copy is to be retained in the recipient’s cycle file. If the recipient is unable to upload the
signed annual report certification page, they should scan and email or fax it to their
Program Advisor for uploading before the due date. Program Advisors will review and
approve the submitted reports.
Expenditure Reporting
All eligible expenditures must be reported in the Annual Report through the LoGOPP
system. The recipient is required to include information for each invoice under the
Expenditures tab for each cycle. If you have multiple expenditures for a vendor with the
“same category and type”, you may combine the entry totals for the multiple invoices as
one expenditure entry.
The OPP Expenditure Category Definitions can be found at
https://www2.calrecycle.ca.gov/Docs/Web/117348 and Bulk Entries Instructions can be
found at https://www2.calrecycle.ca.gov/Docs/Web/117351. These resources may also
be found on the LoGOPP homepage under the Help Documents section.
Unspent Funds
Funds that are unspent at the end of the OPP11 term must be returned by check to
CalRecycle by August 15, 2022. Checks should be made payable to the Department
of Resources Recycling and Recovery. Checks must contain the OPP number (i.e.,
OPP11-20-xxxx), specify “OPP Unspent Funds,” and be mailed to:
CalRecycle, Accounting
OPP Unspent Funds
P.O. Box 4025
Sacramento, CA 95812-4025
Unspent funds due to CalRecycle but left unpaid may result in ineligibility for future OPP
funding. If there are questions or other issues related to expenditures, work with your
Program Advisor to resolve these issues.
Audit, Accounting, and Records Retention
Recipients are responsible and accountable for ensuring that expenditures are
appropriate and that proper internal supporting documentation is maintained to provide
clear separate tracking of OPP funds and related transactions for fiscal program
management and audit purposes. To ensure full compliance with OPP’s processes and
requirements, OPP applicants/recipients must adhere to these Guidelines and the
program provisions set out in the Act, notably PRC sections 48674, 48690, and 48691.
Recipients must account for all OPP funds in a manner that provides for clear tracking
of expenditures in accordance with generally accepted accounting principles. Proper
business procedures dictate that OPP supporting documentation (including, but not
limited to, the original signed application certification and annual report summary pages,
invoices, payroll registers/logs, travel expense claim forms, proof of pre-approval, etc.)
21.b
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Used Oil Payment Program, OPP11 (FY 2020–21) 20
be retained in a single file to facilitate review and retention, as well as maintenance of a
clear paper/audit trail. Recipients must follow their jurisdiction’s purchasing and/or
contracting policies/requirements and ensure the proper and exclusive use of items
purchased with OPP funds.
OPP funds are subject to audit. CalRecycle, the Department of Finance, the Bureau of
State Audits, or their designated representative(s) shall have the right to review and to
copy any records and supporting documentation pertaining to the use of OPP funds
and shall have the right to interview staff relevant to the audit. Recipient shall include
this provision in all contracts and subcontracts funded in whole or in part from OPP
funds.
Examples of documentation subject to audit include, but are not limited to, expenditure
ledgers, payroll register entries, time sheets, travel logs, paid warrants, contracts and
change orders, samples/pictures of items and materials developed with OPP funds,
invoices, receipts, proof of pre-approval, and canceled checks. All such records shall
be maintained for possible audit for a minimum of three years after the OPP term end
date, or until completion of any action and resolution of all issues, which may arise as a
result of any litigation, dispute, or audit, whichever is later.
Audit findings against recipients can result in the need for reimbursement of OPP funds,
and/or ineligibility for future OPP funds.
Discretionary Termination
The Director of CalRecycle or his/her designee shall have the right to terminate this
Agreement at his/her sole discretion at any time upon thirty (30) days written notice to
the Recipient. Within forty-five (45) days of receipt of written notice, the recipient is
required to:
1. Submit a final written report to the appropriate Program Advisor describing all
work performed by the recipient and provide an accounting of all funds expended
up to and including the date of termination; and,
2. Reimburse CalRecycle any unspent funds.
Termination for Cause
In the event the recipient fails to comply with the requirements of these Guidelines at
the time and in the manner herein provided, CalRecycle ma y terminate the OPP
Agreement.
Recipients are encouraged to discuss any problems they may have in complying with
these Guidelines with their Program Advisor to determine if CalRecycle can be of
assistance.
Indemnity
Recipient agrees to indemnify, defend, and save harmless the state and CalRecycle,
and their officers, agents, and employees from any and all claims and/or losses
accruing or resulting from the performance of OPP.
Compliance
Recipient shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits.
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Used Oil Payment Program, OPP11 (FY 2020–21) 21
21.b
Packet Pg. 1368 Attachment: PW.OPP11 Guidelines (6795 : Used Oil Payment Program (OPP11))