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HomeMy WebLinkAbout07-20-2022 Agenda PacketMayor and City Council of the City of San Bernardino Page 1 CITY OF SAN BERNARDINO AGENDA FOR THE REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, JULY 20, 2022 5:30 PM ­ CLOSED SESSION 7:00 PM ­ OPEN SESSION FELDHEYM CENTRAL LIBRARY • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG Theodore Sanchez John Valdivia Damon L. Alexander COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7 MAYOR Sandra Ibarra Robert D. Field COUNCIL MEMBER, WARD 2 CITY MANAGER Juan Figueroa Sonia Carvalho COUNCIL MEMBER, WARD 3 CITY ATTORNEY Fred Shorett Genoveva Rocha COUNCIL MEMBER, WARD 4 CITY CLERK Ben Reynoso COUNCIL MEMBER, WARD 5 Kimberly Calvin COUNCIL MEMBER, WARD 6 Welcome to a meeting of the Mayor and City Council of the City of San Bernardino. PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC COMMENT OPTIONS OR CLICK ON THE FOLLOWING LINK: https://tinyurl.com/mccpubliccomments Please contact the City Clerk's Office (909) 384­5002 two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. To view PowerPoint presentations, written comments, or any revised documents for this meeting date, select the link https://tinyurl.com/agendabackup072022 From the City's homepage www.sbcity.org select the Government category ­> City Clerk ­> on the Navigation menu select Search for Records Online ­> Council Agendas ­> Current Year 2022 ­> Meeting Date Mayor and City Council of the City of San Bernardino Page 2 CALL TO ORDER Attendee Name Council Member, Ward 1 Theodore Sanchez Council Member, Ward 2 Sandra Ibarra Mayor Pro­Tem, Ward 3 Juan Figueroa Council Member, Ward 4 Fred Shorett Council Member, Ward 5 Ben Reynoso Council Member, Ward 6 Kimberly Calvin Council Member, Ward 7 Damon L Alexander Mayor John Valdivia City Manager Robert D. Field City Attorney Sonia Carvalho City Clerk Genoveva Rocha 5:30 P.M. CLOSED SESSION PUBLIC COMMENT CLOSED SESSION A) CONFERENCE WITH LEGAL COUNSEL ­ EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): 1. Anthony Thomas Duran v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2104740 2. Jessica Hernandez v. City of San Bernardino, et al., San Bernardino San Bernardino Superior Court Case No. CIVDS1825804 7:00 P.M. INVOCATION AND PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT CITY MANAGER UPDATE MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA PRESENTATIONS 1. Citizen of the Month – Robert Segura DISCUSSION 2. Third Amendment to Exclusive Negotiating Agreement (ENA) – Carousel Mall (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and San Bernardino Development Company, LLC and LPC West, Inc., for the development of Carousel Mall; and 2. Authorize the City Manager, or designee, to take any further actions and execute Mayor and City Council of the City of San Bernardino Page 3 any further documents as necessary to effectuate the agreements. 3. Annual Increases per Bargaining Unit MOUs, Correction to Reclassification of Deputy Director of Public Works/City Engineer and City Clerk Agreement Recommendation: Adopt Resolution No. 2022­135 of the Mayor and City Council of the City of San Bernardino, California, approving the salary schedule for the SBPOA, SBCMA, Middle Management, General Unit, SBPDA and Executive Group, approving the reclassification of the Deputy Director of Public Works/City Engineer and approving the First Amendment to the City Clerk's Employment Agreement. 4. Carousel Mall ­ Demolition and Professional Services Agreement for 24/7 Security Services (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Direct the City Manager to prepare and issue the necessary documents for the demolition of the Carousel Mall through a design­build contract; and 2. Authorize the City Manager to execute a month­to­month Professional Services Agreement between City of San Bernardino and Redwood Private Security for 24/7 security patrol of the Carousel Mall. 5. San Bernardino Active Transportation Plan (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the San Bernardino Active Transportation Plan (Attachment 1). PUBLIC HEARING 6. Public Hearing on Annexation No. 17 to Community Facilities District 2019­1 (Ward 3) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022­106 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 17); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022­107 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 17); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC­1582 of the Mayor and City Council of the City of San Bernardino, California, amending Mayor and City Council of the City of San Bernardino Page 4 Ordinance No. MC­ 1522 and levying special taxes to be collected during Fiscal Year 2022­23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC­1582 for August 3, 2022. 7. Public Hearing on Annexation No. 20 to Community Facilities District 2019­1 (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022­116 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 20); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022­117 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 20); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC­1586 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No MC­1586 for August 3, 2022. 8. Public Hearing on Annexation No. 23 to Community Facilities District 2019­1 (Ward 7) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022­118 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 23); 3. Hold a special landowner election and canvass the election; Mayor and City Council of the City of San Bernardino Page 5 4. Adopt Resolution No. 2022­119 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019­1 (Maintenance Services) (Annexation No. 23); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC­1587 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services); and 6. Schedule the final reading and adoption of Ordinance No MC­1587 for August 3, 2022. 9. Public Hearing on Fiscal Year 2022­23 Assessment Levies for Previously Formed Assessment Districts. (All Wards) Recommendation: It is recommended that the Mayor and City Council hold the public hearing and: 1. Adopt Resolution No. 2022­152 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2022­23; 2. Adopt Resolution No. 2022­153 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 2022­23; 3. Adopt Resolution No. 2022­154 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 2022­23; 4. Adopt Resolution No. 2022­155 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 2022­23; 5. Adopt Resolution No. 2022­156 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 2022­23. 10. Warmington Homes – Palm Avenue Project (Ward 4) Recommendation: Mayor and City Council of the City of San Bernardino Page 6 It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022­157 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21­02 changing the General Plan Land Use Designation of five (5) parcels (APN: 0285­211­ 05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial to Multiple­Family Residential; 2. Introduce, read by title only, and waive further reading of Ordinance No. MC­1588 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21­07 changing the Zoning District Classification of five (5) parcels (APN: 0285­211­05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial General (CG­1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration; 3. Adopt Resolution No. 2022­158 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21­13 (Tentative Parcel Map 20495) allowing the subdivision five (5) parcels (APNS: 0285­211­05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres into one hundred thirty­three (133) single­family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type­P 21­07 allowing the development and establishment of a Planned Unit Development comprised of one hundred thirty­three (133) detached single­family residences located on the northwest corner of E. Highland Avenue and N. Palm Avenue, pursuant to a Mitigated Negative Declaration; and 4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. 11. Warmington Homes ­ Medical Center Drive Project (Ward 6) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022­159 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21­01 changing the General Plan Land Use Designation of one (1) parcel (APN: 0143­191­ 59) containing approximately 9.9 acres from Commercial to Multiple­Family Residential (Attachment 1); 2. Introduce, read by title only, and waive further reading of Ordinance No. MC­1589 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21­06 changing the Zoning District Classification of one (1) parcel (APN: 0143­191­59) containing approximately 9.9 acres from Commercial General (CG­1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 2); 3. Adopt Resolution No. 2022­160 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21­12 (Tentative Parcel Map 20494) allowing the subdivision of o ne (1) parcel (APN: 0143­191­59) containing approximately 9.9 acres into ninety­five (95) single­family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type­P 21­06 allowing the development and establishment of a Planned Unit Development comprising ninety­five (95) detached single­family residences located on the south Mayor and City Council of the City of San Bernardino Page 7 side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive, pursuant to a Mitigated Negative Declaration (Attachment 3); and 4. Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. 12. Draft Fiscal Year 2022­2023 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs (All Wards) Recommendation: 1. Conduct a public hearing on the draft Fiscal Year 2022­23 Annual Action Plan associated with the Community Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and related grant funding; and 2. Adopt the draft Fiscal Year 2022­23 Annual Action Plan as an application for funding under Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2022­23 Annual Action Plan and Certification to HUD. CONSENT CALENDAR 13. Resolution Approving Acceptance of Grant Funds from the California Arts Council (Ward 1) Recommendation: Adopt Resolution No. 2022­136 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving acceptance of Grant Funds from the California Arts Council for the California Theatre; and 2. Approving the submission of the Project Information Package; and 3. Authorizing the City Manager, or Designee, to execute the Grant Agreement and all related documents. 14. Construction Contract Award ­ 5th Street Senior Center Kitchen Improvements CIP (Ward 1) Recommendation: Adopt Resolution No. 2022­137 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with Preferred General Services, in the amount of $394,974 to provide improvements to the 5th Street Senior Center kitchen; and 2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $217,061 to fund the project; and Mayor and City Council of the City of San Bernardino Page 8 3. Authorizing construction, contingencies, and inspection costs in an amount not to exceed $465,000 for the 5th Street Senior Center Kitchen Improvements project; and 4. Authorizing the City Manager or designee to execute all documents for the construction of the 5th Street Senior Center Kitchen Improvements project with Preferred General Services; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 15. Final Reading and Adoption of Ordinance MC­1585 (Ward 4) Recommendation: Adopt Ordinance MC­1585 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services). 16. Construction Contract Award ­ Parking Lot Improvements at Perris Hill Park, Paul Villasenor Branch Library & Wildwood Park – (Wards 1, 2 & 4) Recommendation: Adopt Resolution No. 2022­138 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving the award of a construction contract with All American Asphalt, in the amount of $1,672,149 to provide parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and 2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $963,000 to fund the project; and 3. Authorizing construction, contingencies, and inspection costs in the total amount of $1,990,000 for the parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and 4. Authorizing the City Manager or designee to execute all documents for the construction of the parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park project with All American Asphalt; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. 17. Final Reading and Adoption of Ordinance MC­1584 (Ward 1) Recommendation: Adopt Ordinance MC­1584 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC­1522 and levying special taxes to be collected during Fiscal Year 2022­2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, Mayor and City Council of the City of San Bernardino Page 9 and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019­1 (Maintenance Services). 18. Rejecting Construction Bids for Citywide Pavement Rehabilitation (Slurry/Crack Seal) (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, Reject Construction Bids for the Citywide Pavement Rehabilitation (Slurry/Crack Seal) 19. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6) Recommendation: Adopt Resolution No. 2022­139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. 20. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019­1 (Maintenance Services): Annexation No. 25, Tax Zone No. 26 (Palm) (Ward 4) Recommendation: Adopt Resolution No. 2022­140 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019­1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 25) and authorizing the levy of a special taxes therein. 21. Initiation of Proceedings to Form Proposed Community Facilities District No. 2022­1 (Highland/Medical) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022­141 of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022­1(Highland/Medical) of the City of San Bernardino; 2. Adopt Resolution No. 2022­142 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022­1 (Highland/Medical) of the City of San Bernardino 22. Initiation of Proceedings to Form Proposed Community Facilities District No. 2022­2 (Palm) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022­143 of the Mayor and City Council of the City of San Mayor and City Council of the City of San Bernardino Page 10 Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022­2 (Palm) of the City of San Bernardino; 2. Adopt Resolution No. 2022­144 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022­2 (Palm) of the City of San Bernardino 23. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018­1 (Safety Services) Annexation No. 6, (TR 20494) Recommendation: Adopt Resolution No. 2022­145 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2018­1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 6) and authorizing the levy of special taxes therein. 24. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018­1 (Safety Services) Annexation No. 7, (TR 20495) (Ward 4) Recommendation: Adopt Resolution No. 2022­146 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to consider annexing territory to Community Facilities District No. 2018­1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 7) and authorizing the levy of special taxes therein. 25. Investment Portfolio Report for April and May 2022 (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April and May 2022. 26. Approval of Commercial and Payroll Disbursements (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May and June 2022. 27. Authorize the City Manager to Execute a Police Services Agreement with Dignity Health Corporation. Recommendation: Authorize the City Manager to execute the Proposed Fifth Amendment to the Agreement with Dignity Health Corporation for Police services at two locations. 28. Acceptance of 2020 and 2021 JAG Grants Recommendation: Adopt Resolution No. 2022­147 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the 2020 and 2021 Edward Byrne Justice Assistance Grants and increasing the FY2022/23 Adopted Budget grant revenue and expenditures $379,025. Mayor and City Council of the City of San Bernardino Page 11 29. Community Facilities District No. 2020­1 (Rancho Palma) Special Tax Bonds, Series 2022 Recommendation: Adopt Resolution No. 2022­148 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of, not to exceed $5,000,000, aggregate principal amount of Community Facilities District No. 2020­1 (Rancho Palma) of the City of San Bernardino Special Tax Bonds, Series 2022, appointing Fiscal Agent, approving forms of the Fiscal Agent Agreement, Purchase Contract and Continuing Disclosure Certificate, approving the form Preliminary Official Statement and authorizing preparation of Final Official Statement and authorizing certain City staff to negotiate the terms of the sale of the Bonds. 30. Agreement with the Counseling Team International for the Employee Assistance Program (All Wards)Agreement with the Counseling Team International for the Employee Assistance Program (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a professional services agreement with The Counseling Team International for an Employee Assistance Program. 31. Adopt Resolution No. 2022­149 Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23­24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 and approving an Agreement with George Hills for General Liability Third Party Administrator Services (All Wards). Recommendation: Authorize the City Manager to enter into an Agreement with George Hills for General Liability Third Party Administrator Services and Adopt Resolution No. 2022­149. Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23­ 24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 (All Wards). 32. Five­Year Capital Improvement Program FY 2022/23 to FY 2026/27 for Measure I Local Expenditures (All Wards) Recommendation: Adopt Resolution No. 2022­150 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five­Year Capital Improvement Plan for Fiscal Year 2022/23 through Fiscal Year 2026/27 and Measure I Expenditure Strategy. 33. City Board, Commission, and Citizen Advisory Committee Minutes Approved in May/June 2022 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in May and June 2022. 34. Certifying Results of the Primary Municipal Election held on June 7, 2022. Recommendation: Adopt Resolution No. 2022­151 of the Mayor and City Council of the City of San Mayor and City Council of the City of San Bernardino Page 12 Bernardino, California, reciting the facts of the Primary Municipal Election held on June 7, 2022, certifying the election results and such other matters as provided by law. 35.Ratification of Council Travel and Pre­Approval of Travel for FY 2022/23 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino ratify Council travel detailed herein, and pre­approve specific travel for the Mayor and Council Members for FY 2022/23. ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS 36.Day Laborer and Street Vendor Work Center (All Wards) ­ Council Member Reynoso 37.Non Fossil Fuel Fleet Vehicles for City of San Bernardino (All Wards) – Council Member Alexander ADJOURNMENT The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on August 03, 2022 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. and Open Session will begin at 7:00 p.m. Mayor and City Council of the City of San Bernardino Page 13 CERTIFICATION OF POSTING AGENDA I, Genoveva Rocha, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the July 20, 2022 Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, and on the City's website sbcity.org on 7/15/2022 6:41:32 PM. I declare under the penalty of perjury that the foregoing is true and correct. Mayor and City Council of the City of San Bernardino Page 14 NOTICE: Any member of the public may address this meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item appearing on the agenda by approaching the microphone in the Council Chamber when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. Mayor and City Council of the City of San Bernardino Page 15 PUBLIC COMMENT OPTIONS Please use ONE of the following options to provide a public comment: 1) Written comments can be emailed to publiccomments@sbcity.org. Written public comments received up to 4:00 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. They will not be read aloud unless you require an ADA accommodation. Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909­384­5002 or SBCityClerk@sbcity.org for assistance outside of this timeframe. 2) Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cut­off time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: https://sbcity.tiny.us/PublicCommentOptions. 3) REMOTE PARTICIPATION VIA ZOOM (For public comment only meeting will not be viewable on Zoom) a) You can use a mobile phone or a landline to dial into a Zoom meeting. i) Dial (669) 900­6833. When prompted, enter the Meeting ID: 677­845­9453 Passcode:2021 The public may begin joining the meeting on Zoom or by calling­in to be added to the speaker queue at 5:15 PM for Closed Session. Once admitted to the Zoom Public Comment meeting to request to speak at the appropriate time: ii) Dial *9 from your phone to raise your hand via Zoom If calling in staff will confirm the last four digits of the caller's phone number and unmute them, the caller must then press *6 to speak from their device. Callers are encouraged, but not required, to identify themselves by name. Each caller will be provided three (3) minutes to speak. If you are calling in, please turn your volume down on your television or other devices to limit any feedback when you speak. b) Join the Meeting by clicking on the Zoom link below: https://us06web.zoom.us/j/6778459453?pwd=ZTkzdUJtcDMrbmFNQnVDSFhva XQxZz09 Mayor and City Council of the City of San Bernardino Page 16 Meeting ID: 677 845 9453 Passcode:2021 You can also Go to Zoom.us and click "Join a Meeting" at the top. Enter the Meeting ID: 677­845­9453 Passcode:2021 Public Hearings: If you are commenting on a Public Hearing, please stay signed on to the Zoom session or sign on when the Public Hearing is announced. You will be prompted by staff when the item is being discussed. CLOSED SESSION City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Sonia R. Carvalho, City Attorney Department:City Attorney Subject:Closed Session Closed Session A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1): 1.Anthony Thomas Duran v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2104740 2.Jessica Hernandez v. City of San Bernardino, et al., San Bernardino San Bernardino Superior Court Case No. CIVDS1825804 . Packet Pg.17 PRESENTATIONS City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:Citizen of the Month – Robert Segura Packet Pg.18 City of San Bernardino FROM THE MAYOR AND CITY COUNCIL HONORING ROBERTROBERT SEGURASEGURA JULYJULY 20222022 CITIZENCITIZEN OFOF THETHE MONTHMONTH AWARDAWARD CConcerned IInvestor TTime/Talent IInvolved ZZealous EEnthusiastic NNeighborly In recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of the citizens of San Bernardino Presented this 20th day of July 2022 Packet Pg.19 3 3 2 DISCUSSION City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Nathan R. Freeman, Agency Director of Community, Housing, and Economic Development Department:Community and Economic Development Subject:Third Amendment to Exclusive Negotiating Agreement (ENA) – Carousel Mall (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and San Bernardino Development Company, LLC and LPC West, Inc., for the development of Carousel Mall; and 2. Authorize the City Manager, or designee, to take any further actions and execute any further documents as necessary to effectuate the agreements. Background On January 27, 2021, staff conducted a workshop with the Mayor and the City Council. This workshop was intended to allow the final two development teams, Renaissance Downtown USA/ICO Real Estate Group, and SCG America, to present their concept for the development of the Carousel Mall to the Mayor and City Council and the community at large. The Mayor and City Council received 55 written comments and 76 recorded comments from the public that were heard during the workshop. No decision was scheduled to be made at the workshop. On March 3, 2021, staff presented the results of the Request for Proposal (RFP) and provided the Mayor and City Council with several alternatives for their consideration. Packet Pg.20 3 3 2 Subsequent to Mayor and City Council discussion, the Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred development team for the Carousel Mall property. As a component of the selection, the City Council requested that the majority of the deal points, terms and conditions be presented for consideration with six months, and that the City Council receive regular updates on the progress of negotiations. At the June 2, 2021 Mayor and City Council Meeting, staff provided an update on the progress of the negotiations between the City and RDICO. The update included staff’s perspective on the progress along with the March and April updates from RDICO. At the June 16, 2021 Mayor and City Council Meeting, staff provided an update on the progress of the negotiations between the City and RDICO. As a result of the update, the City Council created a Council Committee to work with and participate in the negotiation of the ENA. At the August 18, 2021 Mayor and City Council Meeting, Resolution No. 2021-214 was adopted, which authorized the City Manager to execute the ENA between the City of San Bernardino and San Bernardino Development Company LLC (SBDC) also known as RDICO for the Carousel Mall property. On Mach 13, 2022, as allowed by Section 3(b) of the original ENA, the City and SBDC entered into the First Amendment to the original ENA (Attachment 2), which extended the term of the original ENA by 90 days or until June 13, 2022. On June 10, 2022, again, as allowed by Section 3(b) of the original ENA, the City and SBDC entered into the Second Amendment to the original ENA (Attachment 3), which extended the term of the original ENA by another 90 days or until September 8, 2022. Discussion The parties to the ENA, the City and SBDC, desire to enter this Third Amendment (Attachment 4) to add LPC West, Inc. (also known as the Lincoln Property Company) as a party to the original ENA and as the sole and exclusive developer for all purposes under the original ENA, extend the term of the original ENA to September 12, 2023, and update the original ENA’s Schedule of Performance (the Schedule of Performance attached as Exhibit C to the Third Amendment shall supersede and replace Exhibit C of the original ENA). The Lincoln Property Company, with regional offices in Irvine and Los Angeles, is a privately-owned real estate firm involved in real estate investment, development, property management, and leasing worldwide. Lincoln’s cumulative development efforts have produced over 130 million square feet of commercial space and over 212,000 multifamily residential units. The Lincoln Property Company is also the second largest apartment manager in the United States. Notable Southern California projects developed by the Lincoln Property Company Packet Pg.21 3 3 2 include the Flight at Tustin Legacy (Tustin), Runway at Playa Vista (Playa Vista), Parsons Development (Pasadena), Apple Content Creation Headquarters (Culver City), and the Anaheim Regional Transportation Intermodal Center (Anaheim). Lincoln’s participation in the Carousel mall redevelopment project is welcome given their experience in successfully developing, financing, and delivering mixed-use projects, across the country, of similar size and scope as the proposed Carousel mall redevelopment project. Moreover, the proposed extension of the original ENA to September 12, 2023, will allow Lincoln, and staff, the necessary time to properly negotiate the ultimate Disposition and Development Agreement (DDA) for the Carousel mall property. The original ENA’s Schedule of Performance has been revised to reflect the proposed extension of the original ENA. Lastly, included within the Third Amendment is a caveat that, as long as Lincoln is making good faith progress in the negotiation of the DDA and toward completion of the Project milestones, the City and the Lincoln, by written agreement of both parties, may extend the term and negotiation period for up to two additional periods of one hundred eighty days each. 2021-2025 Strategic Targets and Goals Approving the Amendment to the ENA aligns with Key Target No. 4: Economic Growth and Development. Specifically, the redevelopment of the Carousel Mall will be a catalyst for future growth and development within the entire community. Fiscal Impact No fiscal impact. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Approve the Amendment to the Exclusive Negotiating Agreement (“ENA”) between the City of San Bernardino and San Bernardino Development Company, LLC and LPC West, Inc., for the development of Carousel Mall; and 2.Authorize the City Manager or designee to take any further actions and execute any further documents as necessary to effectuate the agreements. Attachments Attachment 1 – Original ENA Attachment 2 – First Amendment to ENA Attachment 3 – Second Amendment to ENA Attachment 4 – Third Amendment to ENA Ward: 1 Packet Pg.22 3 3 2 Synopsis of Previous Council Actions: March 3, 2021 Mayor and City Council selected Renaissance Downtown USA/ICO Real Estate Group (RDICO) as the preferred development team for the Carousel Mall property. August 18, 2021 Mayor and City Council Meeting, Resolution No. 2021-214 was adopted, which authorized the City Manager to execute the ENA between the City of San Bernardino and San Bernardino Development Company LLC also known as RDICO for the Carousel Mall property. Packet Pg.23 Packet Pg.24 Negotiation Period) attached to this Agreement as Exhibit `B" and which is incorporated into this Agreement by this reference ("Project"); and I The Parties agree that the exploration of a form based zoning code for the development of the Project will lead to the greatest likelihood of successful development of the Property. City and Developer will work together to develop such a code for the Property. Developer will also be an actively involved stakeholder in the City lead development of a form based zoning code as part of the Downtown Specific Plan currently being prepared by the City; and J The intent of both the City and the Developer in entering into this Agreement is to establish a specific, limited period of time to negotiate regarding a future agreement between them governing the potential acquisition of the Property and development of the Project on the Property, all subject to mutually agreeable terms, conditions, covenants, restrictions and agreements to be negotiated and documented in a future disposition and development agreement ("DDA") The Parties agree and acknowledge that Developer may act as a Master Developer for the Property and, as such, the Developer is not anticipated to develop the 43 acre site itself. NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS: 1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 2. Deposits. a) Not later than three (3) business days following the Effective Date (as defined below) of this Agreement, the Developer shall provide to the City a deposit in the amount of One Hundred Thousand Dollars ($100,000) in immediately available funds ("Initial Deposit") to ensure that the City and Developer will proceed diligently and in good faith to fulfill their respective obligations under this Agreement during the Negotiation Period (as defined in Section 3(a)), and as part of the consideration for the City's agreement not to negotiate with other persons during the Negotiation Period, and to defray certain costs of the City incurred on or after the Effective Date in pursuing the contemplated negotiations with the Developer during the Negotiation Period. The City shall provide Developer with a summary of costs charged against the Initial Deposit (and, if applicable, the Extension Deposit) in sixty (60) day intervals after the Effective Date. Said summaries of costs shall be for informational purposes only and the Parties agree that the Deposit shall be used in the City's discretion in furtherance of the negotiations and development of the Project. At the termination of this Agreement, any remaining funds shall, at the Developer's option, either be applied to the purchase price or returned to the Developer within thirty (30) days after request from Developer. Developer acknowledges that the Initial Deposit shall be in addition to those fees and expenses required by the City for any permit, other required entitlement or Project processing. A portion of the Initial Deposit in an amount equal to One Hundred Dollars ($100) shall immediately become non-refundable upon Developer's transfer of the 5097426.1 - L853.1 55600.00808133977464.8 Packet Pg.25 Initial Deposit to the City under this Agreement as consideration for the City's agreement not to negotiate with other persons during the Negotiation Period. 3. Term of Agreement. a) - The rights and duties of the City and the Developer established by this Agreement shall commence on the first date on which all of the following have occurred (the Effective Date"): (1) execution of this Agreement by the authorized representative(s) of the Developer and delivery of such executed Agreement to the City, (2) payment of the Initial Deposit to the City by the Developer, in accordance with Section 2(a), (3) approval of this Agreement by the City governing body and execution of this Agreement by the authorized representative(s) of the City, and (4) delivery of such fully executed Agreement to the Developer, the exact date of which shall be mutually agreed to by the Parties promptly after Developer's receipt of the fully executed Agreement from the City as evidenced in writing signed by their respective authorized representatives. The City shall deliver a fully executed counterpart original of this Agreement to the Developer, within ten (10) calendar days following the City governing body's approval of this Agreement, and the execution of this Agreement by the authorized representative(s) of the City. This Agreement shall continue in effect for the period of One Hundred Eighty (180) consecutive calendar days immediately following the Effective Date ("Negotiation Period"), subject to the limitations of Sections 3(b). During the Negotiation Period, the Parties shall work collaboratively in good faith to develop and agree upon a DDA. b) The Parties, by written agreement of the Developer and the City Manager of the City (the "City Manager"), may extend the Negotiating Period for up to two (2) additional periods of ninety (90) days each. The term "Negotiating Period" as used herein shall include any extensions of such Negotiating Period pursuant to this Section. c) Upon each extension of the Negotiation Period, if any, the Developer shall provide to the City an additional deposit of Fifty Thousand Dollars ($50,000) in immediately available funds on the first day of any extension of the Negotiation Period (each, an "Extension Deposit"). Each Extension Deposit is intended to ensure that the Parties will proceed diligently and in good faith to fulfill the obligations under this Agreement during any extension of the Negotiation Period, as part of the consideration for the City's agreement not to negotiate with other persons during any such extension of the Negotiation Period, and to defray certain costs of the City. Notwithstanding the immediately preceding sentence or any other part of this Agreement, in no event shall the Negotiation Period exceed Three Hundred Sixty (360) consecutive calendar days from the Effective Date. d) This Agreement shall automatically expire and be of no further force or effect at the end of the Negotiation Period (as the same may be extended). Notwithstanding the foregoing, if before this Agreement expires, both the City and the Developer approve and execute a DDA acceptable to both the City and the Developer, in their respective sole and absolute discretion, then this Agreement will terminate on the effective date of such DDA. e) If during the term of this Agreement the City receives a Notice of Violation NOV") or similar communication of non-compliance with the provisions of the SLA from the California Department of Housing and Community Development ("HCD") related to compliance 5097426.1 - L853.1 55600.00808133977464.8 Packet Pg.26 with the SLA, the City shall return the Initial Deposit to the Developer and the term of this Agreement shall be tolled until: the date of the NOV determines the City has complied with the terms of the SLA, at which point the Developer shall immediately return the Initial Deposit to the City. If the SLA issues are resolved to the City and Developer's reasonable satisfaction then the term of this Agreement shall recommence and the number of days that the Agreement was tolled shall be extended to the Initial Term. 4. Obligations of Developer. During the Negotiation Period, and pursuant to the attached Milestone Schedule (Exhibit C) in furtherance of the creation of a DDA, Developer shall proceed diligently and in good faith to develop and present to City staff and, subsequently, to the City governing body, for review, of the following: a) A proposed complete conceptual development plan for the Project on the Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the architecture and elevations of the proposed buildings; b) Proposed zoning change or changes to the City's General Plan, if any, necessary to accommodate the Project on the Property, including working with the City's planning consultants on a form based development zoning code specific to the Property and participating as a stakeholder in the development of the overall downtown specific plan development; c) A list of potential users or tenants for the Property, as developed with the Project; d) A proposed time schedule and cost estimates for the development of the Project on the Property; e) A proposed financing plan identifying financing sources for all private and public improvements proposed for the Project; and f) A preliminary financial analysis demonstrating the costs and benefits to the City regarding all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services and any new public revenues anticipated to be generated by the Project. g) During the Negotiation Period, Developer shall not make or commit to making any political contributions to the City's legislative governing body. 5. Negotiation of DDA. a) During the Negotiation Period, each of the City and Developer shall proceed to work diligently and in good faith to negotiate a DDA between them. The City and Developer shall generally cooperate with each other, including, without limitation, making themselves available to meet and discuss the Project and any other matters pertaining to the development of the Property such as evaluating existing municipal infrastructure and water facilities to facilitate future development and supply such available documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations. 5097426.1 -- L853.1 55600.00809\33977464.8 Packet Pg.27 b) Both the City and Developer shall exercise commercially reasonable efforts to complete discussions relating to the terms and conditions of a DDA and such other matters, as may be mutually acceptable to both the City and Developer, in their respective sole discretion. The exact terms and conditions of a DDA, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall.be interpreted or construed to be a representation or agreement by either the City or Developer that a mutually acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any proposed DDA that may be negotiated by City staff and Developer will be approved by the City governing body. Developer acknowledges and agrees that the City's consideration of any DDA is subject to the sole and absolute discretion of the City governing body and all legally required public hearings, public meetings, notices, factual findings and other determinations required by law. c) The City and Developer shall meet during the Negotiation Period to discuss appropriate development issues including approaches to appraising the Property for purposes of setting the fair market value price of the Property. 6. Restrictions Against Change in Ownership, Management and Control of Developer and Assignment of Agreement. a) The qualifications and identity of Developer and its principals are of particular concern to the City. It is because of these qualifications and identity that the City has entered into this Agreement with Developer. During the Negotiation Period, no voluntary or involuntary successor -in -interest of Developer shall acquire any rights or powers under this Agreement, except as provided in Section 6(c). b) Developer shall promptly notify the City in writing of any and all changes whatsoever in the identity of the business entities or individuals either comprising or in Control as defined in Section 6(d)) of Developer, as well as any and all changes in the interest or the degree of Control of Developer by any such person, of which information Developer or any of its shareholders, partners, members, directors, managers or officers are notified or may otherwise have knowledge or information. Upon the occurrence of any significant or material change, whether voluntary or involuntary, in ownership, management or Control of Developer (other than such changes occasioned by the death or incapacity of any individual) that has not been approved by the City, which approval shall not be unreasonably withheld, prior to the time of such change, the City may terminate this Agreement, without liability to Developer or any other person and refund any remaining deposit funds provided by Developer to the pursuant to Section 2(a), above, by sending written notice of termination to the Developer, referencing this Section 6(b). c) Developer may assign its rights under this Agreement to an Affiliate (as defined in Section 6(d)), on the condition that such Affiliate expressly assumes all of the obligations of Developer under this Agreement in a writing reasonably satisfactory to the City, and further provided that Developer shall at all times, control any such Affiliate and be responsible and obligated directly to the City for performance of the Developer's obligations under this Agreement. 5097426.1 - L853.1 55600.00808133977464.8 Packet Pg.28 d) For the purposes of this Agreement, the term "Affiliate" means any person, directly or indirectly, controlling or controlled by or under common control with the Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. For the purposes of this Agreement, "Control" means possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether by ownership of equity interests, by contract, or otherwise. e) Notwithstanding the provisions of this Section 6, Developer shall have the right to bring in one or more participating developers, subject to the City's approval, which shall not be unreasonably withheld, conditioned or delayed; provided that Developer maintains a controlling interest in the Project. 7. Obligations to Review Draft Agreements and Attend Meetings. a) During the Negotiation Period, the Parties shall establish a schedule for in person/virtual meetings as may be necessary to meet the deadlines for preparing and executing a DDA within the Negotiation Period. Each Party shall diligently review and promptly comment on draft versions of a DDA provided by the other Party and, if the terms and conditions of such a DDA are agreed upon between City staff and Developer, Developer shall submit the DDA fully executed by the authorized representative(s) of Developer to the City Manager for submission to the City governing body for consideration. Any future DDA shall consist of terms and conditions acceptable to both Developer and the City governing body, in their respective sole and absolute discretion. b) During the Negotiation Period, Developer shall also keep City staff advised on the progress of the Developer in performing its obligations under this Agreement, on a regular basis, but no less than monthly, or as requested by City staff, including, without limitation, having one or more of Developer's employees or consultants who are knowledgeable regarding this Agreement, the design and planning of the Project and the progress of negotiation of a DDA, such that such person(s) can meaningfully respond to City and/or City staff questions regarding the progress of the design and planning of the Project or the negotiation of a DDA, attend both: (1) periodic meetings with City staff, as reasonably scheduled and requested by City staff during the Negotiation Period, and (2) meetings of the City governing body, when reasonably requested to do so by City staff. c) The Parties agree that keeping the public informed of the progress being made on the Project is important to the overall success of the Project. In furtherance of the above: i) Developer shall provide City staff with biweekly reports summarizing Developer's activities in relation to the Project which staff will share with the Council and, when appropriate disseminate to the public through the media or social media outlets, and place on the City's webpage dedicated to the Downtown Specific Plan project. ii) City shall keep Developer reasonably and timely advised of pertinent developments affecting the Project. iii) The Parties agree that public presentations will be made jointly or if individually then with the knowledge of the other Party. 5097426.1 -- L853.1 55600.00808\33 977464.8 Packet Pg.29 8. Developer to Pay All Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in Developer's discretion, regarding any matter relating to a DDA, the Property or the Project, shall be the sole responsibility of and undertaken at the sole cost and expense of Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon the City. Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City of any and all applications and other documents and information to be submitted to the City by Developer pursuant to this Agreement or otherwise associated with the Project. The City shall not be obligated to pay or reimburse any expenses, fees, charges or costs incurred by Developer in pursuit of any study, analysis, evaluation, report, schedule, estimate, environmental review, planning and/or design activities, drawings, specifications or other activity or matter relating to the Property or the Project or negotiation of a DDA that may be undertaken by Developer during the Negotiation Period, whether or not this Agreement is, eventually, terminated or extended or a DDA is entered into between the City and Developer, in the future. 9. City Not To Negotiate With Others. During the Negotiation Period, the City and City staff shall not negotiate with any other person regarding the sale or redevelopment of the Property. The term "negotiate," as used in this Agreement, means and refers to engaging in any discussions with a person other than Developer, regardless of how initiated, with respect to the availability of the Property or that person's redevelopment of the Property, without Developer's prior written consent. Developer acknowledges that City may receive and retain unsolicited offers regarding redevelopment of the Property, but the City shall not entertain any offer or negotiate with the proponent of any such offer during the Negotiation Period; provided, however, that the City shall notify such proponent that it is a party to this Agreement and, provided, further, that the City shall disclose and promptly provide to Developer copies of any such unsolicited offers. Developer acknowledges that the City is a public agency and subject to the provisions of the California Public Records Act, Government Code Section 6254, et. seq. (the "Act"). The City shall inform Developer of any request for information received pursuant to the Act and shall not disclose any financial or other information marked or otherwise designated as confidential without first notifying Developer and providing Developer with reasonable notice of the request. If Developer believes the information requested is confidential, Developer may pursue a court order preventing the release of the requested information, and the City shall refrain from disclosing the information pending the court's determination. In such case, Developer shall defend, indemnify and hold the City, its officers, officials, agents, and employees harmless from and against any and all liability, loss, expense (including reasonable attorneys' fees), or claims for injury or damages, whether actual, alleged, or threatened, arising out of or in any way attributable to a request related to or a claim under the Act. 14. Acknowledgments and Reservations. a) Except as otherwise provided in this Agreement, the City and Developer agree that, if this Agreement expires or is terminated for any reason, or a future DDA is not 5097426.1 -- LS53.1 55600.00808\33977464.8 Packet Pg.30 approved and executed by both the City and Developer, for any reason, neither the City nor Developer shall be under any obligation, nor have any liability to each other or any other person regarding the sale or other disposition of the Property or the redevelopment of the Project or the Property; provided, however, that in the event this Agreement terminates, the City shall return to Developer within ten (10) business days of such termination (i) any and all deposits due to be refunded pursuant to Section 2 of this Agreement. b) Developer acknowledges and agrees that no provision of this Agreement shall be deemed to be an offer by the City, nor an acceptance by the City of any offer or proposal from Developer for the City to convey any estate or interest in the Property to Developer or for the City to provide any financial or other assistance to Developer for redevelopment of the Project or the Property. c) Developer acknowledges and agrees that Developer has not acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from the City. d) Certain development standards and design controls for the Project may be established between Developer and the City, but it is understood and agreed between the City and Developer that the Project and the redevelopment of the Property must conform to all City and other applicable governmental development, land use and architectural regulations and standards, except as may otherwise be provided in the DDA. Drawings, plans and specifications for the Project shall be subject to the approval of the City through the standard development application process for projects of this nature. Nothing in this Agreement shall be considered approval of any plans or specifications for the Project or of the Project itself by the City. e) The City reserves the right to reasonably obtain further available information and data to ascertain the ability and capacity of the Developer to acquire or lease, develop and operate the Property and/or the Project. The Developer acknowledges that it may be requested to make certain financial disclosures to the City, its staff, legal counsel or other consultants, as part of the financial due diligence investigations of the City relating to the potential sale of the Property and redevelopment of the Project on the Property by the Developer and that any such disclosures may become public records. The City shall maintain the confidentiality of financial information of the Developer to the extent allowed by law, as determined by the City Attorney. If, however, any individual for privacy reasons chooses not to furnish any personal financial information, then the City shall rely solely on the financial disclosures provided by Developer. If an individual fails to provide the requested personal financial information the City may accept or reject, with explanation, the financial disclosure provided by Developer. f) Any information, drawings, designs, plans, specifications, studies, reports, sketches, conceptual plans, development plans and financing plans relating to the Project collectively, the "Information") prepared for and/or developed by Developer and furnished to the City, excluding any matters of public record or matters generally known to the public, shall be treated by the City as a trade secret and/or proprietary and confidential and, except as may be required by law, will not be disclosed by the City to anyone other than on a need -to -know basis and to the City's consultants and attorneys who agree to maintain the confidentiality of the 5097426.1-- LB53.1 55600.00808\33977464.8 Packet Pg.31 Information. Developer shall be the owner of and possess all intellectual property rights to the Information. 11. Nondiscrimination. Developer shall not discriminate against nor segregate any person, or group ofpersons on account of race, color, creed, religion, sex, marital status, handicap, national origin or ancestry in undertaking its obligations under this Agreement. 12. Limitation on Damages and Remedies. THE DEVELOPER AND THE CITY ACKNOWLEDGE THAT IT IS EXTREMELY DIFFICULT AND IMPRACTICAL TO ASCERTAIN THE AMOUNT OF DAMAGES THAT WOULD BE SUFFERED BY THE DEVELOPER UPON THE BREACH OF THIS AGREEMENT BY THE CITY. HAVING MADE DILIGENT BUT UNSUCCESSFUL ATTEMPTS TO ASCERTAIN THE ACTUAL DAMAGES THE DEVELOPER WOULD SUFFER UPON THE BREACH OF THIS AGREEMENT BY THE CITY, THE DEVELOPER AND THE CITY AGREE THAT A REASONABLE ESTIMATE OF THE DEVELOPER'S DAMAGES IN SUCH EVENT IS ONE HUNDRED THOUSAND DOLLARS ($100,000) (THE LIQUIDATED DAMAGES AMOUNT"). THEREFORE, UPON THE BREACH OF THIS AGREEMENT BY THE CITY, THE CITY SHALL PAY THE LIQUIDATED DAMAGES AMOUNT TO THE DEVELOPER AND THIS AGREEMENT SHALL TERMINATE. RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT SHALL BE THE DEVELOPER'S SOLE AND EXCLUSIVE REMEDY ARISING FROM ANY BREACH OF THIS AGREEMENT BY THE CITY. Initials of Authorized Initials of Authorized Representative of City Representative of Developer a) THE CITY AND THE DEVELOPER EACH ACKNOWLEDGE AND AGREE THAT THE CITY WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT WERE TO BE LIABLE TO THE DEVELOPER FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF THE LIQUIDATED DAMAGES AMOUNT. ACCORDINGLY, THE CITY AND THE DEVELOPER AGREE THAT THE DEVELOPER'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE CITY IS TO TERMINATE THIS AGREEMENT AND RECEIVE THE LIQUIDATED DAMAGES AMOUNT. b) THE CITY AND THE DEVELOPER EACH FURTHER ACKNOWLEDGE AND AGREE THAT THE DEVELOPER WOULD NOT HAVE ENTERED INTO THIS AGREEMENT, IF IT WERE TO BE LIABLE TO THE CITY FOR ANY MONETARY DAMAGES, MONETARY RECOVERY OR ANY REMEDY OTHER THAN TERMINATION OF THIS AGREEMENT AND PAYMENT OF PROVABLE ACTUAL DAMAGES UP TO AND NOT TO EXCEED THE AMOUNT OF ONE HUNDRED THOUSAND DOLLARS ($100,000). ACCORDINGLY, THE CITY AND THE DEVELOPER AGREE THAT THE CITY'S SOLE AND EXCLUSIVE RIGHT AND REMEDY UPON THE BREACH OF THIS AGREEMENT BY THE DEVELOPER IS TO TERMINATE THIS AGREEMENT AND RECEIVE PAYMENT OF PROVABLE ACTUAL DAMAGES UP TO 5097426.1 - L853.1 55600.00808\33977464.8 Packet Pg.32 AND NOT TO EXCEED THE AMOUNT ONE HUNDRED THOUSAND DOLLARS 100,000). c) EACH OF THE CITY AND THE DEVELOPER ACKNOWLEDGES THAT IT IS AWARE OF THE MEANING AND LEGAL EFFECT OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND, THAT IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. d) CALIFORNIA CIVIL CODE SECTION 1542 NOTWITHSTANDING, IT IS THE INTENTION OF THE PARTIES TO BE BOUND BY THE LIMITATION ON DAMAGES, RECOVERY AND REMEDIES SET FORTH IN THIS SECTION 12, AND PARTY HEREBY RELEASES ANY AND ALL CLAIMS AGAINST THE OTHER PARTY FOR MONETARY DAMAGES, MONETARY RECOVERY OR OTHER LEGAL OR EQUITABLE RELIEF RELATED TO ANY BREACH OF THIS AGREEMENT, EXCEPT WITH RESPECT TO THE DEVELOPER RECEIPT OF THE LIQUIDATED DAMAGES AMOUNT, WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE DEVELOPER AS OF THE EFFECTIVE DATE OF THE TERMINATION OF THIS AGREEMENT, AND WITH RESPECT TO THE CITY RECEIPT OF PROVABLE ACTUAL DAMAGES UP TO AND NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS ($100,000), WHETHER OR NOT ANY SUCH RELEASED CLAIMS WERE KNOWN OR UNKNOWN TO THE CITY AS OF THE EFFECTIVE DATE OF THE TERMINATION OF THIS AGREEMENT. EACH OF THE CITY AND THE DEVELOPER SPECIFICALLY WAIVES THE BENEFITS OF CALIFORNIA CIVIL CODE SECTION 1542 AND ALL OTHER STATUTES AND JUDICIAL DECISIONS (WHETHER STATE OR FEDERAL) OF SIMILAR EFFECT WITH REGARD TO THE LIMITATIONS ON DAMAGES AND REMEDIES AND WAIVERS OF ANY SUCH DAMAGES AND REMEDIES CONTAINED IN THIS SECTION 12. Initials of Authorized Representative of City 13. Default. 0 Initials of Authorized Representative of Developer a) Failure or delay by either Party to perform any material term or provision of this Agreement shall constitute a default under this Agreement. If the Party who receives notice of a default from the other Party cures, corrects or remedies the alleged default within fifteen (15) calendar days after receipt of written notice by the other Party specifying such default, such Party shall not be in default under this Agreement. In such cases where more than fifteen (15) calendar days are reasonably required to cure said default the defaulting Party shall commence the cure within fifteen (15) calendar days and diligently pursue the cure. Any monetary default shall be cured within the fifteen (15) calendar day cure period. Notwithstanding, anything contrary in this Agreement, under all circumstances, each Party shall exercise good faith and commercially 5097426.1 - L853.1 55600.00808\33977464.8 Packet Pg.33 reasonable efforts to cure, correct or remedy any default, time being of the essence. If there are less than fifteen (15) days remaining in the Negotiation Period, the cure period allowed pursuant to this Section 13(a) shall be automatically reduced to the number of days remaining in the Negotiation Period. b) The Party claiming that a default has occurred shall give written notice of default to the Party claimed to be in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default. However, the injured Party shall have no right to exercise any remedy for a default under this Agreement, without first delivering written notice of the default and allowing the applicable period to cure any such default as set forth in Section 13(a). c) Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. d) Subject to Section 13(a), if a default of either Party remains uncured for more than fifteen (15) calendar days following receipt of written notice of such default, a "breach" of this Agreement by the defaulting Party shall be deemed to have occurred. In the event of a breach of this Agreement, the sole and exclusive remedy of the Party who is not in default shall be to terminate this Agreement by serving written notice of termination on the Party in breach and the non -defaulting Party shall also be entitled to receive the damages as provided for in Section 12. 14. Compliance with Law. Developer acknowledges that any future DDA, if approved by the governing body of the City, will require Developer (among other things) to carry out the development of the Project in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws. 15. Press Releases. The Developer agrees to obtain the approval of the City Manager or his or her designee or successor in function of any press releases Developer may propose relating to the lease or redevelopment of the Property or negotiation of a DDA with the City, prior to publication. The rights and obligations in this provision shall not apply to leasing and marketing brochures and/or information distributed by email or placed online on a brokerage website or real estate website such as LoopNet.com. 16. Notice. All notices required under this Agreement shall be presented in person, by nationally recognized overnight delivery service or by facsimile and confirmed by first class certified or registered United States Mail, with return receipt requested, to the address and/or fax number for the Party set forth in this Section 16. Notice shall be deemed confirmed by United States Mail effective the third (3rd) business day after deposit with the United States Postal Service. The Party tendering notice shall maintain proof of delivery and provide such proof if requested by the other Party. Notice by personal service or nationally recognized overnight delivery service shall be effective upon delivery. Either Party may change its address for receipt of notices by notifying the other Party in writing. Delivery of notices to courtesy copy recipients shall not be required for valid notice to a Party: 5097426.1 -- L853.1 55600.00808\33977464.8 Packet Pg.34 TO DEVELOPER: San Bernardino Development Company LLC ATTN: Ran Torkan 4221 Wilshire Boulevard, Suite 380 Los Angeles, CA 90010 Telephone: 323.932.7777 Email: jtorkan@icoreg.com COPY TO: Renaissance Downtowns USA LLC ATTN: Donald Monti 410 Jericho Turnpike, Suite 202 Jericho, NY 11753 Telephone: 516.457.7545 Email: dmonti@renaissancedowntownsusa.com Ernesto Hidalgo 1050 W. Alameda Ave., 4501 Burbank, CA 91506 Telephone: 818.454.8762 Email: ehidalgo@renaissancedowntownsusa.com AlvaradoSmith, APC 633 W. 5t' Street, Suite 900 Los Angeles, CA 90071 Attn: Raul F. Salinas Attn: Jerry J. Ruiz Email: rsalinas@alvamdosmith.com and jruiz@alvamdosmith.com TO CITY Robert D. Field City Manager City of San Bernardino 290 North "D" Street San Bernardino, California 92401 Office: 909.384.5122 1 Fax: 909.384.5138 Field—Ro@sbcity.org COPY TO: Michael A. Huntley Director of Community and Economic Development City of San Bernardino 290 North "D" Street San Bernardino, CA 92401 Office: 909-3 84-5357 Huntle± 5097426.1 - L853.1 55600.00808\33977464.8 Packet Pg.35 Sonia Carvalho City Attorney City of San Bernardino 18101 Von Karman Ave Suite 1000 Irvine, CA 92612 Office: (949) 263-2600 Fax: (949) 260-0972 17. Warranty Against Payment of Consideration for Agreement. Developer warrants that it has not paid or given, and will not pay or give, any third party any money or other consideration for obtaining this Agreement. Third parties, for the purposes of this Section 17, shall not include persons to whom fees are paid for professional services, if rendered by attorneys, financial consultants, accountants, engineers, architects, brokers, marketing and public relations consultants and other consultants, when such fees and services are considered necessary by Developer. 18. Acceptance of Agreement by Developer. Developer shall acknowledge its acceptance of this Agreement by delivering to the City three (3) original counterpart executed copies of this Agreement signed by the authorized representative(s) of Developer. 19. Counterpart Originals. This Agreement may be executed by the City and Developer in multiple counterpart originals, all of which together shall constitute a single agreement. 20. No Third -Party Beneficiaries. Nothing in this Agreement is intended to benefit any person or entity other than the City or Developer. 21. Governing Law. The City and Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City of San Bernardino, California. -The City and Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California, without application of such laws' conflicts of laws principles. The venue for any such action shall be San Bernardino County. 22. Waivers. No waiver of any breach of any term or condition contained in this Agreement shall be deemed a waiver of any preceding or succeeding breach of such term or condition, or of any other term or condition contained in this Agreement. No extension of the time for performance of any obligation or act, no waiver of any term or condition of this Agreement, nor any modification of this Agreement shall be enforceable against the City or the Developer, unless made in writing and executed by both the City and the Developer. 23. Construction. Headings at the beginning of each section and sub -section of this Agreement are solely for the convenience of reference of the City and Developer and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. This Agreement shall not 5097426.1-1.853.1 55600.00808\33 977464.8 Packet Pg.36 be construed as if it had been prepared by one or the other of the City or Developer, but rather as if both the City and Developer prepared this Agreement. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement and incorporated into this Agreement by this reference. If the date on which the City or Developer is required to take any action pursuant to the terms of this Agreement is not a business day of the City, the action shall be taken on the next succeeding business day of the City. 24. Attorneys' Fees. If either Party hereto files any action or brings any action or proceeding against the other arising out of this Agreement, then the prevailing Party shall be entitled to recover as an element of its costs of suit, and not as damages, its reasonable attorneys' fees as fixed by the court, in such action or proceeding or in a separate action or proceeding brought to recover such attorneys' fees. For the purposes hereof the words "reasonable attorneys' fees" mean and include, in the case of either Party, salaries and expenses of the lawyers working for or employed by such Party (allocated on an hourly basis) to the extent they provide legal services to such Party in connection with the representation of that Party in any such matter. Signatures on following page] 5097426.1 -- L853.1 55600.00808\33977464.8 Packet Pg.37 THE CITY OF SAN BERNARDINO EXCLUSIVE NEGOTIATION AGREEMENT Carousel Mall) IN WITNESS WHEREOF, the City and the Developer have executed this Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below. DEVELOPER: SAN BERNARDINO DEVELOPMENT COMPANY, LLC Dated: 8/11/2021 By: T>&91a"N&M4Z- Its: Authorized Representative CITY: THE CITY AN B RDINO By: ATTES By: ZL'4 City Clerk APPROVED AS TO FORM: BEST BEST & KRIEGER, LLP 13 City Attorney 5097426.1 - L853.1 55600.00808133977464.8 Packet Pg.38 EXHIBIT "A" TO NEGOTIATION AGREEMENT Property Le, --al Descri: tion 5097426.1 -- L853.1 55600.00808\33977464.8 Packet Pg.39 Exhibit "A" Legal Description All that certain Real Property situated in the City of San Bernardino, County of San Bernardino, State of California, described as follows: Parcels 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20 of Parcel Map No. 688, in the City of San Bernardino, County of San Bernardino, State of California, as per plat recorded in Book 25, Pages 47 through 58, inclusive, of Parcel Maps in the Office of the County Recorder of said County. Along with those certain easements created by, or arising out of, that certain instrument entitled Declaration of Restrictions, Construction, Operation, Restriction and Easement Agreement" dated as of December 24, 1970, executed by the Redevelopment Agency of the City of San Bernardino, a public body corporate and politic, John S. Griffith & Co., a corporation, and Curci-Turner Co., a partnership, Joint Venturers under the name and style of Central City Company, J.C. Penney Company, Inc., a corporation, Monwar Property Corporation, a corporation, The Harris Company, a corporation, City of San Bernardino, California, a municipal corporation, Upham Development Company, a Texas limited partnership, and Connecticut General Mortgage and Realty Investments, a Massachusetts business trust, which instrument was recorded on December 24, 1970, in Book 7580, Page 280, Official Records of San Bernardino, California, including rights of pedestrian and vehicular ingress, egress and access, as said easements are more particularly described therein. APNs: 0134-181-28 0134-231-27 0134-201-25 0134-231-28 0134-211-34 0134-231-29 0134-211-36 0134-231-31 0134-211-38 0134-291-11 0134-221-43 0134-301-20 0134-221-45 0134-301-22 Packet Pg.40 5097426.1 -- L853.1 55600.00808\33977464.8 Packet Pg.41 EXHIBIT "B" WC NEGOTIATION AGREEMENT Conceptual Site Plan r a sr rIre ay 0 ,, _ 5 5097426.1 -- L853.1 55600. 00908\33977464.8 Packet Pg.42 EXHIBIT "C" TO NEGOTIATION AGREEMENT Schedule of Performance Within 15 Days of Effective Date ( , 2021) of ENA Deal Term Memo Developer shall submit a list of deal terms for discussion which shall be utilized in the City's preparation of the first draft of the DDA. Within 30 days of Effective Date (_, 2021) of ENA DDA Negotiation Sessions Developer and City shall hold the first meeting to negotiate the DDA and establish ameetingscheduleforthenegotiationoftheDDA.. Within 90 Days of Effective Date ( , 2021) of ENA Project Development A proposed time schedule and cost estimates for the development of the Project on Schedule and Cost the Property Estimate Full Project Submittal Submit a proposed complete conceptual development plan for the Project on the Property that describes and depicts: (1) the location and placement of proposed buildings and (2) the architecture and elevations of the proposed buildings. Within 120 Days of Effective Date ( ) of ENA Submit proposed zoning change parameters or changes to the City's General Plan, as Zoning/FBC it relates to the development of the Property and the Specific Plan for the redevelopment of the City's Downtown Core Area, if any, necessary to accommodate the Project on the Property, including recommendations for a form based development zoning code specific to the Property Tenant/Development Provide staff with a list of potential users/tenants for the Property and development Partners partners or merchant builders for the development of the Property. Proforma and Development Schedule Fiscal Impact/Benefit Analysis Submit proforma and preliminary development schedule including a proposed financing plan identifying financing sources for all private and public improvements proposed for the Project. Developer shall submit a preliminary financial analysis demonstrating the costs and benefits to the City for all construction, maintenance and operations of all proposed public improvements, the costs of additional or increased levels of public services an any new public revenues anticipated to be generated by the Project Development Partners Submit letter(s) identifying investment partners. and Structure 5097426.1 -- L853.1 55600.00808\33977464.8 Packet Pg.43 Submit letter(s) of interest ("LOI") identifying lenders and proof of ability to obtain Funding Partners and financing for what is to be developed on the Property under a revised Form Based Structure Zoning Code.. Within 150 Days of Effective Date (_) of ENA Draft DDA I Complete negotiations and draft Disposition and Development Agreement. Final Revisions I Finalize revisions to development proposal and all relevant materials City Council Hearing 5097426.1 -- L853.1 55600.00808\33977464.8 Within 180 Days of Effective Date (_) of ENA Present development proposal and DDA to Council for final review and approval Packet Pg.44 MANAGER'S CERTIFICATE SAN BERNARDINO DEVELOPMENT COMPANY LLC) The undersigned, DONALD MONTI. in his capacity as Manager of San Bernardino Development Company LLC, a California limited liability company ("Company"), solely in such capacity, hereby certifies to the City of San Bernardino that: 1. Attached hereto as Exhibit A is a true, correct and complete copy of the Certified Copy of the Articles of Organization of the Company, filed with the California Secretary of State on April 27, 2021, Entity (File) Number 202111710716, which Articles of Organization have not been amended or modified and are in full force and effect as of the date hereof. 2. Attached hereto as Exhibit B is a true, correct and complete copy of Schedule I to the Operating Agreement of the Company that lists the name and address of each Member, which Schedule 1 has not been amended or modified and is in full force and effect as of the date hereof. 3. The Employer Identification Number ("EIN") of the Company is 87-2101138. IN WITNESS WHEREOF, the undersigned has executed this Manager's Certificate as of this 101' day of August, 2021. T.c?i2ertzi DONALD MONTI 5103570.1 -- L853.1 Packet Pg.45 EXHIBIT A Certified Copy of Articles of Organization of San Bernardino Development Company LLC California Secretary of State Electronic Certified Copy j I, SHIRLEY N. WEBER, Ph.D.. Secretary of State of the State of California, hereby certify that the attached transcript of 1 page is a full, true and correct copy of the original record in the custody of the California Secretary of State's office. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California on this day of April 27, 2021 SHIRLEY N. WEBER, Ph.D. Secretary of State Verification Number: KGVEUY Entity (File) Number: 202111710716 To verify the issuance of this certificate, use the Verification Number above with the Secretary of State Electronic Veriication Search.ava;1abie at bfzffle.sos.ca.gav Exhibit A 5103570.1 -- L853.1 Packet Pg.46 i California Secretary of State Electronic Filing Secretary of State State of California LLC Registration — Articles of Organization Entity Name: >- San Bemardino Development Z) Company LLC j Entity (File) Number. 202111710716 Y File Date: 04/23/2021 L Entity Type: Domestic LLC g Jurisdiction: California E Detailed Filing Information r $ 1. Enemy Name: San Bemardino Development Comparry LLC o 2. BusinessAddresses: a. kutial Street Address of +- Designated Office in California: 4221 W51shire Blvd, Suite 380 ( q Los Angeles, California 90010 United States b. Initial NW14rg Address: U 4221 14'ilstlire Blvd. Suite MO Los Angeles, California 90010 United States 3. Agent for Service of Process: Jien Torkan 4221 WVsture Boulevard, Suite 3tk1 Los Angeles Callfomia [Colo unm States 4. Management structure: More than One Manager 5. Purpose statement: The purpose ofthe limited liability company is to engage in any IawfW act or activity forwhich a limited liability company may be organized underthe California Revised Uniform Limited LiabilityCompanyAct. Electronic signature: The organizer affirms the information contained herein Is true and correct. Organizer. Jlsn Torkan Use blslffe.sos.ca.govroronlineMing& searches. buslness records. andre"Wos. Exhibit A 5103510.1 — L853.1 Packet Pg.47 FXHTRTT R Schedule 1 to Operating Agreement of San Bernardino Development Company LLC Member Address Membershi ) Interest Donald Monti c/o Renaissance Downtowns USA LLC 50% 410 Jericho Turnpike Suite 202 Jericho, New York 11753 Jian Torkan c/o ICO Real Estate Group, Inc. 50% 4221 Wilshire Blvd. Suite 380 Los Angeles, California 90010 Exhibit B 5103570.1 -- L853.1 Packet Pg.48 FIRST AMENDMENT TO THE CITY OF SAN BERNARDINO EXCLUSIVE NEGOTIATION AGREEMENT Carousel Mall) THIS FIRST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT Agreement") is dated as of March 13, 2022, for reference purposes only, and is entered into by and between the City of San Bernardino, a public body corporate and politic ("City") and San Bernardino Development Company, LLC, a California limited liability company ("Developer"), to provide a specified period of time to attempt to negotiate a disposition and development agreement. The City and the Developer are sometimes referred to in this Agreement individually, as a "Party" and, collectively, as the "Parties." This Agreement is entered into by the Parties with reference to the following recited facts (each, a "Recital"): RECITALS A The City is the owner of that certain real property located at 295 Carousel Mall, San Bernardino, CA 92401, San Bernardino (APN ) and more specifically described in Exhibit A ("Property"); and B The City has an interest in developing the Property and issued a Request for Qualifications; and C The City received qualification submittals from multiple development teams and after review and clarification has chosen to proceed with Developer; and D The City complied with the Surplus Land Act ("SLA") (Gov't Code Section 54220 et seq.) and received confirmation from the California Department of Housing and Community Development on September 2, 2021; and E The City and Developer entered into the original ENA ("Original ENA") effective September 13, 2021 for a term of 180 days; and F The Original ENA expires on March 14, 2022 and the parties desire to extend the term of the Original ENA administratively as provided for in Section 3(b) of the Original ENA for ninety (90) days. NOW, THEREFORE, IN VIEW OF THE GOALS AND OBJECTIVES OF THE CITY RELATING TO THE SALE AND DEVELOPMENT OF THE PROPERTY AND THE PROMISES OF THE CITY AND THE DEVELOPER SET FORTH IN THIS AGREEMENT, THE CITY AND THE DEVELOPER AGREE, AS FOLLOWS: 1. Incorporation of Recitals. The Recitals of fact set forth above are true and correct and are incorporated into this Agreement, in their entirety, by this reference. 5097426.1 - L853.1 55600.00808\33977464.8 Packet Pg.49 2. Term. The Term of the ENA is hereby extended administratively pursuant to Section 3(b) of the Original Agreement for ninety (90) days and shall now expire on Monday, June 13, 2022, unless extended as provided for in the Original ENA. 3. Affirmation Regarding Absence of Defaults. Each Parry hereby represents and warrants to the other Party that, as of the Effective Date of this First Amendment, the non - representing Party is not in material uncured default of the Original ENA and that there have been no events that, with the passage of time, the giving of notice, or both, would constitute an event of default under the Original ENA. Each Parry understands that the foregoing representation and warranty constitutes material consideration to the other Parry for the other Party's entry into this First Amendment. 4. Effectiveness of First Amendment. The rights and duties of the City and the Developer established by this First Amendment shall commence on the first date on which all of the following have occurred: (1) execution of this First Amendment by the authorized representative(s) of the Developer and delivery of such executed First Amendment to the City, and 2) approval of this First Amendment by the City Manager as provided in Section 3 of the Original ENA and delivery of such executed First Amendment to the Developer. 5. Effect Upon Original ENA. Except as expressly amended by this First Amendment, the Original ENA remains in full force and effect, unmodified except as otherwise expressly herein provided. Wherever the term "Agreement" appears in the Original ENA, it shall be read and understood to mean the Original ENA as amended by this First Amendment. In the event of any direct conflict or inconsistency between the terms of the Original ENA and this First Amendment, the terms of this First Amendment shall be controlling to the extent of such conflict or inconsistency. Signatures on following page] 5097426.1 - L853.1 55600.00808\33977464.8 Packet Pg.50 THE CITY OF SAN BERNARDINO FRIST AMENDMENT TO THE EXCLUSIVE NEGOTIATION AGREEMENT Carousel Mall) IN WITNESS WHEREOF, the City and the Developer have executed this First Amendment to the Exclusive Negotiation Agreement on the dates indicated next to each of the signatures of their authorized representatives, as appear below. Dated: 3/14/22 DEVELOPER - SAN BERNARDINO DEVELOPMENT COMPANY, LLC LIM Its: Authorized Representative CITY: THE CITY 9Z SAN BERNARDINO By. ATTEST By City Clerk APPROVED AS TO FORM: - BEST BEST & KRIEGER, LLP B CityAttorney 5097426.1 - U53.1 55600.00808\33977464.8 Packet Pg.51 5097426.1 - U53.1 55600.00808\33977464.8 Packet Pg.52 Packet Pg.53 Packet Pg.54 Packet Pg.55 Packet Pg.56 Packet Pg.57 Packet Pg.58 Packet Pg.59 Packet Pg.60 Packet Pg.61 Packet Pg.62 Packet Pg.63 Packet Pg.64 Page 1 3 6 2 DISCUSSION City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Human Resources Subject:Annual Increases per Bargaining Unit MOUs, Correction to Reclassification of Deputy Director of Public Works/City Engineer and City Clerk Agreement Recommendation Adopt Resolution No. 2022-135 of the Mayor and City Council of the City of San Bernardino, California, approving the salary schedule for the SBPOA, SBCMA, Middle Management, General Unit, SBPDA and Executive Group, approving the reclassification of the Deputy Director of Public Works/City Engineer and approving the First Amendment to the City Clerk's Employment Agreement. Background The California Meyers-Millias-Brown-Act (MMBA) requires the City to meet and confer, in good faith, with its bargaining groups on all matters relating to employment conditions and employer-employee relations including but not limited to wages, hours, and other terms and conditions of employment. The City has long recognized the San Bernardino Police Officers Association (SBPOA), San Bernardino Confidential and Management Association (SBCMA), the International Brotherhood of Teamsters Local 1932 (Teamsters), and the International Union of Operating Engineers Local 12 (IUOE) for purposes of meeting and conferring related to conditions of employment of police officers and other sworn, non-management positions in the San Bernardino Police Department, Management/Confidential, Middle Management and General Unit employees, respectively. The San Bernardino Police Dispatchers Association (SBPDA) broke away from the IUOE and was formally recognized by the City on February 17, 2021. All five units entered into agreements with the City through FY 2025 in the fall and winter of 2021/22. Those agreements were ratified by the members of SBPOA on October 13, 2021, SBCMA on October 26, 2021, Teamsters on October 27, 2021, IUOE on October 20, 2021, and SBPDA on February 2, 2022. The Executives, which include the Department Directors and the Agency Directors, were Packet Pg.65 Page 2 3 6 2 part of the SBCMA during negotiations are now a separate group. Discussion Within the Memoranda of Understanding, there were agreed upon COLAs for FY 2022/23 and other pay and benefits. These are detailed below. SBPOA COLA: 2.70% Advanced POST Certificate Pay increase from $450 to $500. SBCMA COLA: 2.70% Continued implementation of the classification and compensation study, ensuring that members remain in market-rate ranges. Middle Management COLA: 3.28% Continued implementation of the classification and compensation study, ensuring that members remain in market-rate ranges. General Unit COLA: 3.20% Continued implementation of the classification and compensation study, ensuring that members remain in market-rate ranges. SBPDA COLA: 4.35% Continued implementation of the classification and compensation study, ensuring that members remain in market-rate ranges. Executives COLA: 2.70% For all employees, the monthly City contribution to employee health benefit premiums will continue to be benchmarked at the Kaiser Permanente premium amounts, which are anticipated to be approximately 9.5% higher for FY 2022/23. On June 15, 2022, Mayor and City Council adjusted the classification of the Deputy Directors of Community and Economic Development and Public Works and added classifications for the Agency Directors. Staff inadvertently made an error in the Deputy Director of Public Works/City Engineer Salary Range, including it as range 655. The correct salary range is 678. Packet Pg.66 Page 3 3 6 2 Also on June 15, 2022, in Closed Session, the Mayor and City Council authorized the City Manager to negotiate new employment terms for the City Clerk. The negotiations were completed within the parameters set by the Mayor and City Council and an amendment to her contract was drafted. The City Clerk’s new salary range, pay rate, and other terms of employment are attached (Attachment 4). The proposed amendment to the City Clerk’s Employment Agreement along with the current Employment Agreement are also attached (Attachments 5 & 6). The proposed changes include: (1) moving the City Clerk to the step closest to the mid-point of the salary range for the City Clerk based on the most recent class and compensation study; and (2) a modest increase in severance for a not-for-cause termination (up to a maximum of 6 months after two more years of service). 2021-2025 Strategic Targets and Goals This action aligns with Goal 2. Focused, Aligned Leadership and Unified Community, a. Build a culture that attracts, retains, and motivates the highest quality talent. Fiscal Impact Conclusion Adopt Resolution No. 2022-135 of the Mayor and City Council of the City of San Bernardino, California, approving the salary schedule for the SBPOA, SBCMA, Middle Management, General Unit, SBPDA and Executive Group, approving the reclassification of the Deputy Director of Public Works/City Engineer and approving the First Amendment to the City Clerk’s Employment Agreement. FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 3,534,943 $ $ 3,534,943 $ 3,534,943 GENERAL FUND SHARE $ 3,534,943 $ $ 3,534,943 $ 3,534,943 SOURCE OF FUNDS: Some employees are accounted for in funds other than the General Fund such as the Information Technology Fund (an internal service fund) and the Animal Services Fund. However, these funds are General Fund supported, thus the ultimate financial impact is to the General Fund. The impact of the increases and COLA were accounted for in the FY 2022/23-24 Biennial Budget. Budget Adjustment: No For Fiscal Year: 22/23 Packet Pg.67 Page 4 3 6 2 Attachments Attachment 1- Resolution No. 2022-135 Attachment 2- SBPD Salary Table Attachment 3- Citywide Salary Schedule Attachment 4- City Clerk Range and Terms Attachment 5- First Amendment to City Clerk Employment Agreement Attachment 6- City Clerk Employment Agreement Ward: All Wards Packet Pg.68 Page 5 3 6 2 Synopsis of Previous Council Actions: June 15, 2022 The Mayor and City Council Adopted Resolution No. 2022-125 adding classifications for Agency Directors and amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. February 2, 2022 The Mayor and City Council Adopted Resolution No. 2022-13 approving the Police Dispatch Employees Memorandum of Understanding (MOU), Job Descriptions, and Updating the City-wide Salary Schedule. November 3, 2021 The Mayor and City Council Adopted Resolution No. 2021-268 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. October 20, 2021 The Mayor and City Council Adopted Resolution No. 2021-232 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. September 15, 2021The Mayor and City Council Adopted Resolution No. 2021-232 amending the City-wide salary schedule for full-time, part-time, temporary, and seasonal positions. February 17, 2021 The Mayor and City Council adopted Resolution No. 2021-30, recognizing the San Bernardino Police Dispatch Association (SBPDA) as the majority representative for the Police Dispatcher I and Police Dispatcher I positions for the purposes of employer-employee relations with the City. Packet Pg.69 Resolution No. 2022-XXX Resolution 2022-XXX July 20, 2022 Page 1 of 4 3 3 9 RESOLUTION NO. 2022-XXX RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE FOLLOWING: (1) IMPLEMENTATION OF THE AGREED-UPON COST-OF-LIVING- ADJUSTMENTS AND OTHER TERMS PER THE BARGAINING UNIT MEMORANDA OF UNDERSTANDING WITH THE SAN BERNARDINO POLICE OFFICERS ASSOCIATION (SBPOA), THE INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 1932 (TEAMSTERS), THE INTERNATIONAL UNION OF OPERATING ENGINEERS LOCAL 12 (IUOE), THE SAN BERNARDINO POLICE DISPATCHERS ASSOCIATION (SBPDA) AND THE AGREEMENT WITH THE EXECUTIVE GROUP; (2) THE SALARY RANGE FOR THE DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER; (3) THE FIRST AMENDMENT TO THE CITY CLERK’S EMPLOYMENT AGREEMENT ALONG WITH SALARY RANGE, RATE OF PAY AND TERMS OF EMPLOYMENT FOR THE CITY CLERK; AND (4) THE FISCAL YEAR 2022/23 CITY-WIDE SALARY SCHEDULE FOR FULL-TIME, PART-TIME, TEMPORARY, AND SEASONAL POSITIONS. WHEREAS, the City of San Bernardino entered into Memoranda of Understanding (MOUs) with employee bargaining units in good faith; and WHEREAS, those MOUs include annual Cost-of-Living Adjustments and other terms and adjustments; and WHEREAS, the FY 2022/23-24 Biennial Budget includes funding for the costs associated with the agreed-upon increases in the MOUs; and WHEREAS, the salary range for the Deputy Director of Public Works/City Engineer will align with the market; and WHEREAS, the Mayor and City Council have agreed to the terms of employment and rate of pay for the City Clerk; and WHEREAS, the salary schedule includes all adopted and approved classification and salaries; and WHEREAS, the salary schedule meets the California Public Employee’s Retirement Systems (CalPERS) pay rate reporting requirements in accordance to Government Code Section Packet Pg.70 Resolution No. 2022-XXX Resolution 2022-XXX July 20, 2022 Page 2 of 4 3 3 9 20636 defining “Compensation Earnable” and the California Code of Regulations (CCR) Section 570.5. 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 classification of Deputy Director of Public Works/City Engineer (U), Range 678, $13,772.65 - $16,740.66/month, is hereby established and approved. SECTION 3. The City Manager is authorized to execute the First Amendment to The Employment Agreement with the City Clerk, which is attached hereto as Exhibit B. The classification of City Clerk (U), Range N/A, $10,590.00 - $12,873.00/month, is hereby established and approved. SECTION 4. The City-wide salary schedule for all City of San Bernardino’s classifications attached hereto and incorporated herein as Exhibit A, is hereby approved. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. Packet Pg.71 Resolution No. 2022-XXX Resolution 2022-XXX July 20, 2022 Page 3 of 4 3 3 9 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.72 Resolution No. 2022-XXX Resolution 2022-XXX July 20, 2022 Page 4 of 4 3 3 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.73 CITY OF SAN BERNARDINO POLICE DEPARTMENT First 6 Following Third Fourth Fifth & Sub- Months 18 Months Year Year sequent Yrs. TITLE Service Service Service Service Service Monthly Pay Rates Effective July 1, 2022: Police Officer $7,334.59 $7,949.49 $8,565.46 $9,180.36 $9,795.27 P-1 Detective/Corporal $8,516.94 $9,180.36 $9,843.78 $10,506.16 $11,169.58 P-2 Sergeant $9,638.12 $10,383.81 $11,129.50 $11,876.25 $12,621.94 P-3 Lieutenant -- -- -- -- $14,743.00 P-4 Captain -- -- -- -- $17,351.00 P-5 Assistant Chief -- -- -- -- $21,242.00 P-6 Packet Pg.74 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30011 ACCOUNTANT I (FLEX)465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 30012 ACCOUNTANT II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 10012 ACCOUNTANT II - PAYROLL 485 $5,259.93 MONTHLY $6,393.77 MONTHLY CONFIDENTIAL 20013 ACCOUNTANT III 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 10860 ACCOUNTING DIVISION MANAGER (U)608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 30017 ACCOUNTING TECHNICIAN I (FLEX)399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 30018 ACCOUNTING TECHNICIAN II 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30030 ACCOUNTING TECHNICIAN III 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30709 ADMINISTRATIVE ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL 10081 ADMINISTRATIVE ASSISTANT TO CITY COUNCIL (U)464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10092 ADMINISTRATIVE ASSISTANT TO THE MAYOR I (U)410 $3,618.78 MONTHLY $4,398.22 MONTHLY CONFIDENTIAL 10093 ADMINISTRATIVE ASSISTANT TO THE MAYOR II (U)430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10534 ADMINISTRATIVE CLAIMS SPECIALIST 420 $3,803.35 MONTHLY $4,622.88 MONTHLY CONFIDENTIAL 20457 ADMINISTRATIVE SERVICES SUPERVISOR 484 $5,334.87 MONTHLY $6,484.20 MONTHLY MIDDLE MANAGEMENT 10979 ADMINISTRATIVE SUPERVISOR AND EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)535 $6,749.21 MONTHLY $8,203.68 MONTHLY MANAGEMENT 09710 AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09525 AGENCY DIRECTOR OF COMMUNITY, HOUSING AND ECONOMIC DEVELOPMENT (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 09760 AGENCY DIRECTOR OF PUBLIC WORKS, OPERATIONS AND MAINTENANCE (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 30140 ANIMAL CONTROL OFFICER I (FLEX)411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30141 ANIMAL CONTROL OFFICER II 424 $3,958.85 MONTHLY $4,812.17 MONTHLY GENERAL 30092 ANIMAL LICENSE INSPECTOR 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20320 ANIMAL SERVICES MANAGER 526 $6,577.74 MONTHLY $7,995.85 MONTHLY MIDDLE MANAGEMENT 30130 ANIMAL SERVICES REPRESENTATIVE 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20319 ANIMAL SERVICES SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30119 ANIMAL SHELTER ATTENDANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 00300 APPRENTICE (PT)381 $2,969.00 MONTHLY $3,608.00 MONTHLY NA 20620 AQUATICS SUPERVISOR 468 $4,925.24 MONTHLY $5,987.48 MONTHLY MIDDLE MANAGEMENT 30400 ARBORIST 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 30894 ASSESSMENT DISTRICT/REAL PROP SPECIALIST 500 $5,782.78 MONTHLY $7,028.87 MONTHLY GENERAL 30271 ASSISTANT BUYER 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 50141 ASSISTANT CHIEF OF POLICE P6 $21,242.00 MONTHLY $21,242.00 MONTHLY POLICE MANAGEMENT 10644 ASSISTANT CITY MANAGER (U)705 $15,758.71 MONTHLY $19,152.82 MONTHLY EXECUTIVE 00212 ASSISTANT LITERACY PROGRAM COORDINATOR (PT) (GRANT FUNDED)385 $3,029.00 MONTHLY $3,681.00 MONTHLY NA 30168 ASSISTANT PLANNER (FLEX)486 $5,393.24 MONTHLY $6,555.40 MONTHLY GENERAL 10216 ASSISTANT TO THE CITY MANAGER (U)580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10104 ASSISTANT TO THE MAYOR I (U)430 $3,998.48 MONTHLY $4,859.14 MONTHLY MANAGEMENT 10105 ASSISTANT TO THE MAYOR II (U)480 $5,130.20 MONTHLY $6,235.56 MONTHLY MANAGEMENT 10106 ASSISTANT TO THE MAYOR III (U)530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT 10107 ASSISTANT TO THE MAYOR IV (U)580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 20169 ASSOCIATE PLANNER 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 00194 BACKGROUND INVESTIGATOR (PT)493 $5,190.00 MONTHLY $6,308.00 MONTHLY NA 10060 BUDGET DIVISION MANAGER (U)608 $9,714.05 MONTHLY $11,807.69 MONTHLY MANAGEMENT 10062 BUDGET OFFICER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT 20250 BUILDING INSPECTION SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 30072 BUILDING INSPECTOR I (FLEX)460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL City of San Bernardino Salary Schedule SALARY SCHEDULE FOR FISCAL YEAR 2021/2022 1 of 7 EXHIBIT A Packet Pg.75 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30073 BUILDING INSPECTOR II 487 $5,420.15 MONTHLY $6,587.68 MONTHLY GENERAL 30074 BUILDING INSPECTOR III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 10500 BUILDING OFFICIAL (U)613 $9,959.81 MONTHLY $12,105.12 MONTHLY MANAGEMENT 30502 BUSINESS REGISTRATION INSPECTOR 459 $4,713.17 MONTHLY $5,728.98 MONTHLY GENERAL 20263 BUSINESS REGISTRATION MANAGER 530 $6,711.05 MONTHLY $8,157.12 MONTHLY MIDDLE MANAGEMENT 30650 BUSINESS REGISTRATION REPRESENTATIVE I 419 $3,860.93 MONTHLY $4,692.73 MONTHLY GENERAL 30651 BUSINESS REGISTRATION REPRESENTATIVE II 429 $4,058.92 MONTHLY $4,932.69 MONTHLY GENERAL 20271 BUYER 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 30292 CEMETERY CARETAKER 395 $3,425.12 MONTHLY $4,163.30 MONTHLY GENERAL 10398 CHIEF DEPUTY CITY CLERK (U)565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 50280 CHIEF OF POLICE NA $22,195.99 MONTHLY $27,083.33 MONTHLY EXECUTIVE 10399 CITY CLERK (U)636 $10,590.00 MONTHLY $12,873.00 MONTHLY MANAGEMENT 00601 CITY COUNCIL NA $1,166.67 MONTHLY $1,166.67 MONTHLY NA 10370 CITY MANAGER (U)NA $23,750.00 MONTHLY $23,750.00 MONTHLY MANAGEMENT 10495 CIVIL ENGINEERING DIVISION MANAGER (U)620 $10,313.14 MONTHLY $12,535.45 MONTHLY MANAGEMENT 10273 CODE ENFORCEMENT DIVISION MANAGER (U)563 $7,760.70 MONTHLY $9,433.50 MONTHLY MANAGEMENT 30450 CODE ENFORCEMENT OFFICER I (FLEX)441 $4,308.57 MONTHLY $5,237.22 MONTHLY GENERAL 30455 CODE ENFORCEMENT OFFICER II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COORDINATOR 482 $5,181.88 MONTHLY $6,298.84 MONTHLY CONFIDENTIAL 30135 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)/HOUSING PROGRAM ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30890 COMMUNITY DEVELOPMENT TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 30120 COMMUNITY INTERVENTION PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 10100 COMMUNITY INTERVENTION PROGRAM MANAGER (U)600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 30754 COMMUNITY POLICING SPECIALIST 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20923 COMMUNITY RECREATION MANAGER 556 $7,639.98 MONTHLY $9,286.03 MONTHLY MIDDLE MANAGEMENT 30821 COMMUNITY RECREATION PROGRAM COORDINATOR 388 $3,307.83 MONTHLY $4,021.26 MONTHLY GENERAL 20925 COMMUNITY RECREATION PROGRAM SUPERVISOR 488 $5,442.38 MONTHLY $6,615.37 MONTHLY MIDDLE MANAGEMENT 20504 COMMUNITY SERVICES CENTER SUPERVISOR 458 $4,686.56 MONTHLY $5,696.12 MONTHLY MIDDLE MANAGEMENT 30758 COMMUNITY SERVICES OFFICER 410 $3,691.98 MONTHLY $4,487.20 MONTHLY GENERAL 20781 COMMUNITY SERVICES OFFICER SUPERVISOR 480 $5,229.50 MONTHLY $6,356.26 MONTHLY MIDDLE MANAGEMENT 30990 COMMUNITY SERVICES PROGRAM COORDINATOR 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL 20424 CONSTRUCTION MANAGER 585 $8,829.09 MONTHLY $10,731.02 MONTHLY MIDDLE MANAGEMENT 10072 COUNCIL ADMINISTRATIVE SUPERVISOR (U)506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30604 CRIME ANALYSIS SUPPORT ASSISTANT 400 $3,512.28 MONTHLY $4,268.76 MONTHLY GENERAL 30603 CRIME ANALYST 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00605 CRIME DATA TECHNICIAN (PT)362 $2,700.00 MONTHLY $3,282.00 MONTHLY NA 20600 CRIME FREE PROGRAM COORDINATOR 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 30602 CRIMINAL INVESTIGATION OFFICER 493 $5,584.78 MONTHLY $6,787.83 MONTHLY GENERAL 00054 CUSTODIAL AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20616 CUSTODIAL SUPERVISOR 477 $5,152.09 MONTHLY $6,261.64 MONTHLY MIDDLE MANAGEMENT 30621 CUSTODIAN 368 $2,993.62 MONTHLY $3,639.26 MONTHLY GENERAL 30222 CUSTOMER SERVICE REPRESENTATIVE 386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30226 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30227 CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL) (U)396 $3,442.34 MONTHLY $4,184.82 MONTHLY GENERAL 30224 CUSTOMER SERVICE REPRESENTATIVE (U)386 $3,275.55 MONTHLY $3,981.45 MONTHLY GENERAL 30100 DATA ANALYST 444 $4,374.21 MONTHLY $5,316.84 MONTHLY GENERAL 10650 DEPUTY CITY CLERK I (U)490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 10654 DEPUTY CITY CLERK II (U)530 $6,583.62 MONTHLY $8,002.23 MONTHLY MANAGEMENT 10372 DEPUTY CITY MANAGER (U)681 $13,980.43 MONTHLY $16,993.79 MONTHLY MANAGEMENT 10066 DEPUTY DIRECTOR OF FINANCE (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 2 of 7 EXHIBIT A Packet Pg.76 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10720 DEPUTY DIRECTOR OF HOUSING AND HOMELESSNESS (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10610 DEPUTY DIRECTOR OF HUMAN RESOURCES (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10638 DEPUTY DIRECTOR OF INFORMATION TECHNOLOGY (U)629 $10,786.71 MONTHLY $13,111.34 MONTHLY MANAGEMENT 10732 DEPUTY DIRECTOR OF PARKS/REC/COMM SVCS (U)612 $9,910.23 MONTHLY $12,045.01 MONTHLY MANAGEMENT 10803 DEPUTY DIRECTOR OF PUBLIC WORKS/CITY ENGINEER (U)678 $13,772.65 MONTHLY $16,740.66 MONTHLY MANAGEMENT 10802 DEPUTY DIRECTOR/CITY PLANNER (U)662 $12,716.87 MONTHLY $15,457.05 MONTHLY MANAGEMENT 10400 DEPUTY LIBRARY DIRECTOR (U)575 $8,239.54 MONTHLY $10,015.71 MONTHLY MANAGEMENT 40466 DETECTIVE/CORPORAL P2 $8,516.94 MONTHLY $11,169.58 MONTHLY POLICE SAFETY 10685 DIRECTOR OF ANIMAL SERVICES (U)630 $10,840.50 MONTHLY $12,830.31 MONTHLY EXECUTIVE 10520 DIRECTOR OF COMMUNITY AND ECONOMIC DEVELOPMENT (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10711 DIRECTOR OF FINANCE (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 10665 DIRECTOR OF HUMAN RESOURCES (U)660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10625 DIRECTOR OF INFORMATION TECHNOLOGY (U)660 $12,590.30 MONTHLY $15,303.06 MONTHLY EXECUTIVE 10731 DIRECTOR OF PARKS/REC/COMMUNITY SERVICES (U)662 $12,716.87 MONTHLY $15,457.05 MONTHLY EXECUTIVE 10753 DIRECTOR OF PUBLIC WORKS (U)692 $14,769.37 MONTHLY $17,951.49 MONTHLY EXECUTIVE 20200 DISADVANTAGED BUSINESS ENTERPRISE (DBE) SPECIALIST 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 10140 DIVERSITY, EQUITY & INCLUSION OFFICER (U)590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10125 ECONOMIC DEVELOPMENT DIVISION MANAGER (U)600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 10127 ECONOMIC DEVELOPMENT PROJECT MANAGER 560 $7,645.73 MONTHLY $9,293.22 MONTHLY MANAGEMENT 10120 ECONOMIC DEVELOPMENT SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY CONFIDENTIAL 30831 ELECTRICIAN I (FLEX)445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30841 ELECTRICIAN II 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10367 EMERGENCY OPERATIONS MANAGER 565 $7,838.75 MONTHLY $9,528.42 MONTHLY MANAGEMENT 30432 ENGINEERING ASSISTANT I (FLEX)450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30434 ENGINEERING ASSISTANT II 475 $5,104.86 MONTHLY $6,205.67 MONTHLY GENERAL 30436 ENGINEERING ASSISTANT III 511 $6,108.83 MONTHLY $7,425.93 MONTHLY GENERAL 20441 ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 10180 ENGINEERING PROJECT MANAGER 590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 30445 ENGINEERING TECHNICIAN 446 $4,417.25 MONTHLY $5,369.57 MONTHLY GENERAL 10200 ENTERPRISE RESOURCE PLANNING (ERP) PROJECT MANAGER 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30420 ENVIRONMENTAL PROGRAMS COORDINATOR 464 $4,832.61 MONTHLY $5,874.25 MONTHLY GENERAL 20444 ENVIRONMENTAL PROJECT MANAGER 560 $7,793.72 MONTHLY $9,473.10 MONTHLY MIDDLE MANAGEMENT 20024 EQUIPMENT MAINTENANCE MANAGER 551 $7,451.83 MONTHLY $9,058.09 MONTHLY MIDDLE MANAGEMENT 20025 EQUIPMENT MAINTENANCE SUPERVISOR 523 $6,480.97 MONTHLY $7,877.59 MONTHLY MIDDLE MANAGEMENT 30921 EQUIPMENT MECHANIC I (FLEX)420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30902 EQUIPMENT MECHANIC II 445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30943 EQUIPMENT SERVICE WORKER 408 $3,655.40 MONTHLY $4,443.08 MONTHLY GENERAL 30707 EXECUTIVE ASSISTANT 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 10707 EXECUTIVE ASSISTANT (U)430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 10982 EXECUTIVE ASSISTANT TO DIRECTOR (U)464 $4,736.79 MONTHLY $5,757.77 MONTHLY CONFIDENTIAL 10978 EXECUTIVE ASSISTANT TO MAYOR (U)502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL 10976 EXECUTIVE ASSISTANT TO THE CITY MANAGER (U)502 $5,725.07 MONTHLY $6,959.10 MONTHLY CONFIDENTIAL 10951 EXECUTIVE STAFF ASSISTANT TO CITY COUNCIL (U)550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 00083 EXTRA RELIEF HEAVY LABORER (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10939 FACILITIES & FLEET MAINTENANCE DIVISION MANAGER (U)591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30623 FACILITIES MAINTENANCE MECHANIC 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 20092 FACILITIES MAINTENANCE SUPERVISOR 515 $6,227.24 MONTHLY $7,569.02 MONTHLY MIDDLE MANAGEMENT 10512 FINANCIAL ANALYST 532 $6,649.01 MONTHLY $8,082.39 MONTHLY MANAGEMENT 30506 FLEET PARTS STOREKEEPER 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL 30944 FLEET PARTS TECHNICIAN 438 $4,245.08 MONTHLY $5,159.74 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 3 of 7 EXHIBIT A Packet Pg.77 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 00259 FOOD SERVICE PROGRAM SPECIALIST (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20060 FOOD SERVICE SUPERVISOR 478 $5,177.90 MONTHLY $6,293.90 MONTHLY MIDDLE MANAGEMENT 30165 FORENSICS SPECIALIST I (FLEX)448 $4,462.45 MONTHLY $5,423.37 MONTHLY GENERAL 30166 FORENSICS SPECIALIST II 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 20160 FORENSICS SUPERVISOR 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 20490 FORESTRY SUPERVISOR 542 $7,124.98 MONTHLY $8,660.29 MONTHLY MIDDLE MANAGEMENT 10624 GIS ADMINISTRATOR 580 $8,448.38 MONTHLY $10,268.84 MONTHLY CONFIDENTIAL 10623 GIS ANALYST 483 $5,207.20 MONTHLY $6,329.43 MONTHLY CONFIDENTIAL 10730 GRANT DIVISION MANAGER (U)601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10778 GRANT WRITER 506 $5,841.09 MONTHLY $7,099.38 MONTHLY CONFIDENTIAL 30133 GRANTS ANALYST 476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30136 GRANTS ASSISTANT 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 20100 GRANTS MANAGER (U)506 $5,954.15 MONTHLY $7,236.80 MONTHLY MIDDLE MANAGEMENT 30098 GROUNDWORKER ARBORIST 392 $3,374.54 MONTHLY $4,101.97 MONTHLY GENERAL 30516 HAZMAT TECHNICIAN 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 10700 HOMELESS SERVICES COORDINATOR 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10121 HOUSING COMPLIANCE SPECIALIST 500 $5,668.11 MONTHLY $6,889.49 MONTHLY MANAGEMENT 10129 HOUSING DIVISION MANAGER (U)601 $9,380.76 MONTHLY $11,402.68 MONTHLY MANAGEMENT 10657 HUMAN RESOURCES ANALYST 518 $6,200.75 MONTHLY $7,537.09 MONTHLY CONFIDENTIAL 10672 HUMAN RESOURCES DIVISION MANAGER (U)590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10673 HUMAN RESOURCES GENERALIST 490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 30207 HUMAN RESOURCES TECHNICIAN 418 $3,841.56 MONTHLY $4,670.13 MONTHLY GENERAL 30101 HVAC MECHANIC 460 $4,736.84 MONTHLY $5,758.03 MONTHLY GENERAL 10627 INFORMATION TECHNOLOGY ANALYST I (FLEX)490 $5,392.83 MONTHLY $6,555.14 MONTHLY CONFIDENTIAL 10626 INFORMATION TECHNOLOGY ANALYST II 520 $6,262.98 MONTHLY $7,613.03 MONTHLY CONFIDENTIAL 10637 INFORMATION TECHNOLOGY MANAGER 599 $9,287.94 MONTHLY $11,288.76 MONTHLY MANAGEMENT 10631 INFORMATION TECHNOLOGY OPERATIONS SUPERVISOR 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10388 INFORMATION TECHNOLOGY TECHNICIAN I (FLEX)430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 30638 LANDSCAPE & IRRIGATION INSPECTOR I (FLEX)447 $4,439.85 MONTHLY $5,396.47 MONTHLY GENERAL 30639 LANDSCAPE & IRRIGATION INSPECTOR II 467 $4,905.79 MONTHLY $5,962.48 MONTHLY GENERAL 00308 LAW ENFORCEMENT TRAINEE NA $32.96 HOURLY $32.96 HOURLY NA 30113 LEAD ANIMAL CONTROL OFFICER 437 $4,223.56 MONTHLY $5,133.91 MONTHLY GENERAL 30080 LEAD BUILDING INSPECTOR 526 $6,583.37 MONTHLY $8,002.71 MONTHLY GENERAL 30463 LEAD CODE ENFORCEMENT OFFICER 498 $5,725.75 MONTHLY $6,960.00 MONTHLY GENERAL 30311 LEAD CUSTODIAN 397 $3,459.55 MONTHLY $4,205.27 MONTHLY GENERAL 30932 LEAD EQUIPMENT MECHANIC 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20170 LEAD FORENSICS SPECIALIST 503 $5,864.91 MONTHLY $7,129.29 MONTHLY MIDDLE MANAGEMENT 30490 LEAD MAINTENANCE WORKER 452 $4,551.76 MONTHLY $5,533.13 MONTHLY GENERAL 30593 LEAD PARKS CONSTRUCTION AND MAINTENANCE WORKER 471 $5,004.78 MONTHLY $6,083.00 MONTHLY GENERAL 10319 LEGAL ADMINISTRATIVE ASSISTANT (U)497 $5,583.74 MONTHLY $6,787.18 MONTHLY CONFIDENTIAL 30335 LIBRARIAN I (FLEX)450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30366 LIBRARIAN II 479 $5,208.16 MONTHLY $6,330.50 MONTHLY GENERAL 30341 LIBRARY ASSISTANT 370 $3,023.75 MONTHLY $3,675.84 MONTHLY GENERAL 20388 LIBRARY CIRCULATION SUPERVISOR 460 $4,732.79 MONTHLY $5,753.10 MONTHLY MIDDLE MANAGEMENT 10401 LIBRARY DIRECTOR (U)635 $11,114.73 MONTHLY $13,508.97 MONTHLY MANAGEMENT 20385 LIBRARY NETWORK ADMINISTRATOR 492 $5,552.05 MONTHLY $6,748.68 MONTHLY MIDDLE MANAGEMENT 30380 LIBRARY NETWORK TECHNICIAN 422 $3,919.03 MONTHLY $4,763.75 MONTHLY GENERAL 00361 LIBRARY PAGE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20387 LIBRARY PROGRAM COORDINATOR 450 $4,502.71 MONTHLY $5,473.56 MONTHLY MIDDLE MANAGEMENT 30391 LIBRARY TECHNICIAN I (FLEX)380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 4 of 7 EXHIBIT A Packet Pg.78 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30392 LIBRARY TECHNICIAN II 402 $3,546.71 MONTHLY $4,311.80 MONTHLY GENERAL 00133 LIFEGUARD (PT)370 $2,810.00 MONTHLY $3,416.00 MONTHLY NA 30215 LITERACY PROGRAM COORDINATOR 470 $4,978.96 MONTHLY $6,052.87 MONTHLY GENERAL 20484 MAINTENANCE SUPERVISOR 522 $6,448.72 MONTHLY $7,837.81 MONTHLY MIDDLE MANAGEMENT 30486 MAINTENANCE WORKER I (FLEX)393 $3,391.76 MONTHLY $4,122.41 MONTHLY GENERAL 30487 MAINTENANCE WORKER II 415 $3,784.53 MONTHLY $4,600.18 MONTHLY GENERAL 30488 MAINTENANCE WORKER III 425 $3,978.22 MONTHLY $4,835.84 MONTHLY GENERAL 10530 MANAGEMENT ANALYST I (FLEX)476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10531 MANAGEMENT ANALYST I (FLEX)(U)476 $5,028.95 MONTHLY $6,113.21 MONTHLY MANAGEMENT 10532 MANAGEMENT ANALYST II 506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT 10533 MANAGEMENT ANALYST II (U)506 $5,841.09 MONTHLY $7,099.38 MONTHLY MANAGEMENT 10516 MARKETING & MEDIA SPECIALIST 476 $5,028.95 MONTHLY $6,113.21 MONTHLY CONFIDENTIAL 30515 MARKETING & PUBLIC RELATIONS SPECIALIST 461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 00502 MAYOR NA $9,378.08 MONTHLY $9,378.08 MONTHLY NA 10503 MAYOR'S CHIEF OF STAFF (U)580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10190 NEIGHBORHOOD & CUSTOMER SERVICE MANAGER (U)561 $7,683.70 MONTHLY $9,339.63 MONTHLY MANAGEMENT 10528 NETWORK SYSTEMS ADMINISTRATOR 566 $7,877.77 MONTHLY $9,575.88 MONTHLY CONFIDENTIAL 30425 NPDES INSPECTOR I (FLEX)461 $4,760.52 MONTHLY $5,787.09 MONTHLY GENERAL 30426 NPDES INSPECTOR II 485 $5,366.34 MONTHLY $6,523.11 MONTHLY GENERAL 20555 NPDES MANAGER 525 $6,545.48 MONTHLY $7,956.07 MONTHLY MIDDLE MANAGEMENT 10868 OPERATIONS & MAINTENANCE DIVISION MANAGER (U)591 $8,924.06 MONTHLY $10,847.89 MONTHLY MANAGEMENT 30581 PARKING ENFORCEMENT OFFICER 380 $3,178.70 MONTHLY $3,864.15 MONTHLY GENERAL 20603 PARKS AND LANDSCAPE MAINTENANCE SUPERVISOR 534 $6,845.45 MONTHLY $8,321.62 MONTHLY MIDDLE MANAGEMENT 30611 PARKS MAINTENANCE WORKER I (FLEX)390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30622 PARKS MAINTENANCE WORKER II 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 10064 PAYROLL SUPERVISOR 521 $6,294.62 MONTHLY $7,651.00 MONTHLY MANAGEMENT 10068 PAYROLL TECHNICIAN 430 $3,998.48 MONTHLY $4,859.14 MONTHLY CONFIDENTIAL 30691 PLANNING AIDE 456 $4,643.23 MONTHLY $5,643.97 MONTHLY GENERAL 10713 PLANNING DIVISION MANAGER (U)594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT 30680 PLANS EXAMINER I (FLEX)499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL 30682 PLANS EXAMINER II 534 $6,851.31 MONTHLY $8,328.75 MONTHLY GENERAL 30481 PLUMBER 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 00192 POLICE CADET (PT)NA $15.00 HOURLY $17.00 HOURLY NA 50283 POLICE CAPTAIN P5 $17,351.00 MONTHLY $17,351.00 MONTHLY POLICE MANAGEMENT 20775 POLICE DISPATCH MANAGER 528 $6,644.39 MONTHLY $8,076.49 MONTHLY MIDDLE MANAGEMENT 20772 POLICE DISPATCH SUPERVISOR 498 $5,720.85 MONTHLY $6,954.04 MONTHLY MIDDLE MANAGEMENT 32767 POLICE DISPATCHER I (FLEX)425 $4,025.63 MONTHLY $4,893.48 MONTHLY POLICE DISPATCHER 32768 POLICE DISPATCHER II 456 $4,698.57 MONTHLY $5,711.24 MONTHLY POLICE DISPATCHER 30848 POLICE FLEET MAINTENANCE EXPEDITOR 398 $3,476.77 MONTHLY $4,226.79 MONTHLY GENERAL 50402 POLICE LIEUTENANT P4 $14,743.00 MONTHLY $14,743.00 MONTHLY POLICE MANAGEMENT 40751 POLICE OFFICER P1 $7,334.59 MONTHLY $9,795.27 MONTHLY POLICE SAFETY 30218 POLICE PERSONNEL AND TRAINING TECHNICIAN 430 $4,079.37 MONTHLY $4,957.44 MONTHLY GENERAL 20765 POLICE RECORDS SUPERVISOR 464 $4,828.48 MONTHLY $5,869.22 MONTHLY MIDDLE MANAGEMENT 30219 POLICE RECORDS TECHNICIAN I (FLEX)369 $3,008.68 MONTHLY $3,657.55 MONTHLY GENERAL 30220 POLICE RECORDS TECHNICIAN II 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 40332 POLICE SERGEANT P3 $9,638.12 MONTHLY $12,621.94 MONTHLY POLICE SAFETY 30585 POOL MAINTENANCE COORDINATOR 421 $3,899.66 MONTHLY $4,740.07 MONTHLY GENERAL 00331 POOL MANAGER I (PT)421 $3,624.00 MONTHLY $4,405.00 MONTHLY NA 00333 POOL MANAGER II (PT)443 $4,044.00 MONTHLY $4,916.00 MONTHLY NA 20019 PRINCIPAL ACCOUNTANT 550 $7,414.20 MONTHLY $9,012.94 MONTHLY MIDDLE MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 5 of 7 EXHIBIT A Packet Pg.79 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 10182 PRINCIPAL CIVIL ENGINEER 600 $9,334.35 MONTHLY $11,345.72 MONTHLY MANAGEMENT 10243 PRINCIPAL PLANNER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 20864 PROCUREMENT CONTRACT SPECIALIST 520 $6,384.21 MONTHLY $7,760.40 MONTHLY MIDDLE MANAGEMENT 00360 PROGRAMMING/TRAFFIC ASSISTANT 355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 10132 PROJECT MANAGER OF COMMUNITY DEVELOPMENT PROGRAMS (U)550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 10639 PROJECT MANAGER/COMMUNITY SERVICES 550 $7,273.41 MONTHLY $8,841.79 MONTHLY MANAGEMENT 20949 PROPERTY AND EVIDENCE SUPERVISOR 494 $5,607.96 MONTHLY $6,816.42 MONTHLY MIDDLE MANAGEMENT 30947 PROPERTY AND EVIDENCE TECHNICIAN I (FLEX)411 $3,710.28 MONTHLY $4,509.79 MONTHLY GENERAL 30948 PROPERTY AND EVIDENCE TECHNICIAN II 472 $5,029.53 MONTHLY $6,113.13 MONTHLY GENERAL 10212 PUBLIC INFORMATION OFFICER (U)593 $9,013.71 MONTHLY $10,956.52 MONTHLY MANAGEMENT 30580 PUBLIC WORKS INSPECTOR I (FLEX)476 $5,130.68 MONTHLY $6,236.88 MONTHLY GENERAL 30583 PUBLIC WORKS INSPECTOR II 499 $5,754.80 MONTHLY $6,994.43 MONTHLY GENERAL 30584 PUBLIC WORKS INSPECTOR III 529 $6,683.45 MONTHLY $8,123.23 MONTHLY GENERAL 10900 PUBLIC WORKS SAFETY AND TRAINING OFFICER 510 $5,958.16 MONTHLY $7,242.82 MONTHLY MANAGEMENT 10863 PURCHASING DIVISION MANAGER (U)598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 30770 RANGEMASTER 465 $4,856.29 MONTHLY $5,903.30 MONTHLY GENERAL 10440 REAL PROPERTY MANAGER 580 $8,448.38 MONTHLY $10,268.84 MONTHLY MANAGEMENT 10259 RECORDS MANAGEMENT SPECIALIST (U)460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00222 RECREATION AIDE (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 00244 RECREATION LEADER (PT)363 $2,714.00 MONTHLY $3,299.00 MONTHLY NA 00230 RECREATION SPECIALIST (PT)393 $3,152.00 MONTHLY $3,831.00 MONTHLY NA 00256 RECREATION SUPERVISOR (AQUATICS) (PT)481 $4,888.00 MONTHLY $5,942.00 MONTHLY NA 30825 RECREATION THERAPIST 468 $4,929.46 MONTHLY $5,992.61 MONTHLY GENERAL 30115 REGISTERED VETERINARY TECHNICIAN 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 10690 RISK DIVISION MANAGER (U)590 $8,879.76 MONTHLY $10,794.10 MONTHLY MANAGEMENT 10538 SAFETY OFFICER 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 00266 SECURITY OFFICER I (PT)371 $2,824.00 MONTHLY $3,433.00 HOURLY NA 00265 SECURITY OFFICER II (PT)395 $3,183.00 HOURLY $3,869.00 HOURLY NA 30708 SENIOR ADMINISTRATIVE ASSISTANT 420 $3,880.30 MONTHLY $4,716.40 MONTHLY GENERAL 30229 SENIOR ANIMAL SERVICES REPRESENTATIVE 390 $3,341.19 MONTHLY $4,061.07 MONTHLY GENERAL 30410 SENIOR ARBORIST 502 $5,840.89 MONTHLY $7,099.89 MONTHLY GENERAL 10154 SENIOR CIVIL ENGINEER 581 $8,490.57 MONTHLY $10,319.47 MONTHLY MANAGEMENT 30228 SENIOR CUSTOMER SERVICE REPRESENTATIVE 435 $4,181.59 MONTHLY $5,083.34 MONTHLY GENERAL 30230 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 30232 SENIOR CUSTOMER SERVICE REPRESENTATIVE (BILINGUAL)(U)445 $4,395.73 MONTHLY $5,342.67 MONTHLY GENERAL 10222 SENIOR CUSTOMER SERVICE REPRESENTATIVE (U)435 $4,098.68 MONTHLY $4,982.54 MONTHLY CONFIDENTIAL 10632 SENIOR GIS ANALYST 530 $6,583.62 MONTHLY $8,002.23 MONTHLY CONFIDENTIAL 10656 SENIOR HUMAN RESOURCES TECHNICIAN 461 $4,666.12 MONTHLY $5,672.33 MONTHLY CONFIDENTIAL 10689 SENIOR HUMAN RESOURCES/RISK ANALYST 559 $7,607.76 MONTHLY $9,246.81 MONTHLY CONFIDENTIAL 10622 SENIOR INFORMATION TECHNOLOGY ANALYST 553 $7,383.10 MONTHLY $8,974.69 MONTHLY CONFIDENTIAL 10385 SENIOR INFORMATION TECHNOLOGY TECHNICIAN 460 $4,642.92 MONTHLY $5,643.85 MONTHLY CONFIDENTIAL 00283 SENIOR LIFEGUARD (PT)396 $3,199.00 MONTHLY $3,889.00 MONTHLY NA 10513 SENIOR MANAGEMENT ANALYST 556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10514 SENIOR MANAGEMENT ANALYST (U)556 $7,494.90 MONTHLY $9,109.69 MONTHLY MANAGEMENT 10529 SENIOR NETWORK SYSTEMS ADMINISTRATOR 592 $8,969.42 MONTHLY $10,901.68 MONTHLY CONFIDENTIAL 30710 SENIOR OFFICE ASSISTANT 375 $3,100.15 MONTHLY $3,768.38 MONTHLY GENERAL 10223 SENIOR OFFICE ASSISTANT (U)375 $3,038.67 MONTHLY $3,693.66 MONTHLY CONFIDENTIAL 20243 SENIOR PLANNER 549 $7,377.64 MONTHLY $8,967.78 MONTHLY MIDDLE MANAGEMENT 00294 SENIOR RECREATION LEADER (PT)372 $2,838.00 MONTHLY $3,450.00 MONTHLY NA 10300 SHELTER VETERINARIAN 594 $9,059.07 MONTHLY $11,011.37 MONTHLY MANAGEMENT SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 6 of 7 EXHIBIT A Packet Pg.80 ADOPTED 7/20/22 EFFECTIVE 7/1/22 CLASS CODE CLASSIFICATION TITLE SALARY RANGE NEW BOTTOM STEP BOTTOM HOURLY/ MONTHLY NEW TOP STEP TOP HOURLY/ MONTHLY UNIT 30978 SOLID WASTE FIELD INSPECTOR 450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 20995 STATION MANAGER 490 $5,497.22 MONTHLY $6,682.02 MONTHLY MIDDLE MANAGEMENT 00019 STUDENT INTERN (PT)355 $2,608.00 MONTHLY $3,170.00 MONTHLY NA 20336 TECHNOLOGY LIBRARIAN 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 10443 TRAFFIC ENGINEER 573 $8,158.33 MONTHLY $9,916.56 MONTHLY MANAGEMENT 20437 TRAFFIC ENGINEERING ASSOCIATE 532 $6,777.71 MONTHLY $8,238.83 MONTHLY MIDDLE MANAGEMENT 20438 TRAFFIC OPERATIONS AND SYSTEMS ANALYST 552 $7,489.46 MONTHLY $9,103.25 MONTHLY MIDDLE MANAGEMENT 20370 TRAFFIC SIGNAL AND LIGHTING SUPERVISOR 533 $6,812.12 MONTHLY $8,279.69 MONTHLY MIDDLE MANAGEMENT 30447 TRAFFIC SIGNAL TECHNICIAN I (FLEX)450 $4,506.57 MONTHLY $5,478.25 MONTHLY GENERAL 30448 TRAFFIC SIGNAL TECHNICIAN II 484 $5,339.44 MONTHLY $6,489.76 MONTHLY GENERAL 30449 TRAFFIC SIGNAL TECHNICIAN III 513 $6,170.16 MONTHLY $7,500.18 MONTHLY GENERAL 30667 TREASURY ASSISTANT 399 $3,495.06 MONTHLY $4,247.23 MONTHLY GENERAL 10740 TREASURY MANAGER 598 $9,241.54 MONTHLY $11,232.86 MONTHLY MANAGEMENT 20666 TREASURY SUPERVISOR 502 $5,835.89 MONTHLY $7,093.81 MONTHLY MIDDLE MANAGEMENT 30620 VOLUNTEER COORDINATOR (GRANT FUNDED)358 $2,848.35 MONTHLY $3,461.71 MONTHLY GENERAL 30000 WEED ABATEMENT COORDINATOR 462 $4,784.19 MONTHLY $5,816.14 MONTHLY GENERAL REVISION ADOPTED BY MCC 6/19/17 REVISION ADOPTED BY MCC 6/20/18 REVISION ADOPTED BY MCC 06/19/19 REVISION ADOPTED BY MCC 8/21/19 REVISION ADOPTED BY MCC 1/15/20 REVISION ADOPTED BY MCC 6/24/20 REVISION ADOPTED BY MCC 9/2/20 REVISION ADOPTED BY MCC 12/16/20 REVISION ADOPTED BY MCC 2/17/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 6/16/21 REVISION ADOPTED BY MCC 7/21/21 REVISION ADOPTED BY MCC 8/4/21 REVISION ADOPTED BY MCC 9/15/21 REVISION ADOPTED BY MCC 10/20/21 REVISION ADOPTED BY MCC 11/3/21 REVISION ADOPTED BY MCC 2/2/22 REVISION ADOPTED BY MCC 2/16/22 REVISION ADOPTED BY MCC 3/16/22 REVISION ADOPTED BY MCC 4/6/22 REVISION ADOPTED BY MCC 5/18/22 REVISION ADOPTED BY MCC 6/15/22 (U) DENOTES UNCLASSIFIED * Part-time, seasonal, and temporary filled positions with a salary established in Resolution No. 2022- shall be paid the hourly equivalent of the salary listed in the 2022/2023 Salary Schedule and shall be provided only those benefits mandated by applicable Federal, State and/or local laws, rules or regulations. SALARY SCHEDULE FOR FISCAL YEAR 2022/2023 7 of 7 EXHIBIT A Packet Pg.81 City Clerk Salary Range: Step 1 2 3 4 5 6 7 8 9 10 11 Monthly 10,590 10,696 10,802 10,908 11,014 11,120 11,231 11,342 11,453 11,565 11,676 Annual 127,080 128,352 129,624 130,896 132,168 133,440 134,772 136,104 137,436 138,780 140,112 Step 12 13 14 15 16 17 18 19 20 21 Monthly 11,793 11,909 12,026 12,143 12,260 12,382 12,505 12,627 12,750 12,873 Annual 141,516 142,908 144,312 145,716 147,120 148,584 150,060 151,524 153,000 154,476 City Clerk to be paid at Step 12, $11,793/mo. Other Terms of City Clerk Employment Agreement: Severance in case of termination without cause- If terminated without cause, the City Clerk will be eligible for 3 months of severance, with one additional month for each year of service beginning July 1, 2022, with a maximum of 6 months of severance. For example, as of July 1, 2023, the Clerk will be eligible for 4 months of severance. Packet Pg.82 1 FIRST AMENDMENT TO EMPLOYMENT AGREEMENT THIS FIRST AMENDMENT TO EMPLOYMENT AGREEMENT (the “First Amendment”) is made and entered into effective July 20, 2022 (“Effective Date”) between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“City”) and GENOVEVA ROCHA (“Employee”) as follows: WHEREAS, City and Employee entered into that certain Employment Agreement dated August 19, 2020 in order to employ the services of Employee as City Clerk of City (“Agreement”) in accordance with the City Charter, Resolution No. 2019-354 (Establishing Classification and Job Description), and Resolution No. 2020-212 (Authorizing Agreement); and WHEREAS, pursuant to Section 4 of the Agreement, on May 18, 2022 the Mayor and City Council concluded a performance evaluation of Employee’s performance providing Employee with a summary of the Council’s findings; and WHEREAS, City and Employee now desire to amend the Agreement. NOW, THEREFORE, in consideration of the mutual covenants herein contained, City and Employee agree as follows: 1. Salary. Commencing on the Effective Date of this First Amendment, Section 3.1 (Salary) of the Agreement is hereby amended to read in its entirety as follows: “City agrees to pay Employee as compensation for services rendered pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of $141,516.00 (i.e., $11,793.00 per month), payable in installment payments in the same manner and at the same times as other City employees.” 2. Benefits. Commencing on the Effective Date of this First Amendment, Section 3.2 (Benefits) of the Agreement is hereby amended to replace the reference to “Resolution No. 2017-139” with a reference to “Resolution No. 2022-59.” Exhibit A is hereby replaced with a new Exhibit A, Resolution No. 2022-59, reflecting this revision. 3. Severance. Commencing on the Effective Date of this First Amendment, Section 10.1 (Severance) of the Agreement is hereby amended to read in its entirety as follows: “Unless Employee is terminated for cause, subject to the limitations set forth in Government Code section 53260 and upon delivery to City of an executed separation agreement and release of any and all claims against the City and all officials and employees in a form acceptable to City within 30 days following her termination, Employee shall be entitled to and receive upon termination a severance payment equivalent to four (4) month’s base salary plus benefits in effect on her termination date. If termination occurs on or after July 20, 2023, such severance shall increase to five (5) month’s base salary plus benefits in effect on her termination date. If termination occurs on or after July 20, 2024, Packet Pg.83 2 such severance shall increase to six (6) month’s base salary plus benefits in effect on her termination date.” 4. Remaining Provisions of Agreement. Except as otherwise specifically set forth in this First Amendment, the remaining provisions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the City and Employee have signed and executed this Agreement as of the day and year first above written. EMPLOYEE: __________________ Genoveva Rocha CITY: __________________ Robert D. Field, City Manager APPROVED AS TO FORM ___________________ Best Best & Krieger LLP, City Attorney Packet Pg.84 EMPLOYMENT AGREEMENT This Employment Agreement(" Agreement") is entered into as of the 19th day of August 2020 (the "Effective Date"), between the City of San Bernardino, a California charter city ("City"), and Genoveva Rocha ("Employee"). The City and Employee are sometimes referred to in this Agreement as "Party" and collectively as "Parties." RECITALS WHEREAS, it is the desire of the City Council to retain the services of Employee as City Clerk, and WHEREAS, it is the desire of the City Council to provide certain benefits, establish certain conditions of employment and to set certain working conditions of the City Clerk. NOW, THEREFORE, the above named Parties hereby mutually agree and promise as follows: 1. Duties, Acceptance of Appointment, Hours of Work. 1.1 Appointment and Scope of Services. Employee has been appointed as City Clerk by the City Council, and shall perform the functions of City Clerk, a position involving highly-specialized and critically-needed skills set forth in the attached job description, in the San Bernardino Municipal Code, and as provided by law. Such employment is "at will," subject to the terms of this Agreement, and Employee shall perform said duties at the pleasure of and under the direct supervision of the City Council. 1.2 Acceptance of Appointment. Employee hereby accepts the appointment as City Clerk of the City of San Bernardino subject to all terms and conditions set forth in this Agreement. 1.3 Hours of Work. Employee is expected to devote necessary time, within and outside normal business hours, to the business of the City as an exempt employee under the Fair Labor Standards Act. Packet Pg.85 2. Term. This Agreement shall be deemed effective for an initial term beginning on August 19, 2020 ("Effective Date") and shall continue until terminated in accordance with Section 10 of this Agreement. 3. Compensation. 3.1 Salary City agrees to pay Employee as compensation for services rendered pursuant to this Agreement, an annual base salary, commencing on the Effective Date, in the amount of $123,336.00 Dollars ($10,278 per month), payable in installment payments in the same manner and at the same times as other City employees. 3.2 Benefits Employee shall be eligible for and entitled to those benefits listed in RESOLUTION NO. 2017-139 (attached hereto as Exhibit A) available and applicable to Employee's class of employment, unless this Agreement states terms and benefits that are (1) of the type not provided for in said resolution, or (2) the benefits as described in this Agreement are more expansive than said resolution. It is the intention of City and Employee that any resolution adopted by the City to supersede the aforementioned resolution become applicable to Employee to the extent the superseding resolution increases various benefits for Employee. In addition, and except as otherwise specified herein, Employee shall receive all such other benefits and compensation that are generally applicable to City Management/ Confidential employees. 3.3 Mobile Phone The City shall provide Employee with a mobile phone for use in City business. Employee understands that all data and information stored on the phone, including but not limited to records of calls made and received, voice mail messages, and text messages may be considered public records under the California Public Records Act. 4. Performance Evaluation. The City Council shall review Employee's job performance at least once annually. Employee shall remind the City Council of its obligations under this Section each year and shall work with the City Council in finding an appropriate time to place his or her annual evaluation on the agenda. The City Council may also review Employee's performance at other intervals as it deems appropriate. In connection with A-2 Packet Pg.86 review of Employee's job performance, City shall utilize RESOLUTION NO. 94-392 (attached hereto as Exhibit B) and shall consider a step increase of Employee's Base Annual Salary. 5. Bonds. City shall bear the full cost of any fidelity or other bonds required of Employee under any law or policy. 6. Vehicle Allowance. The City agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, a monthly vehicle allowance in accordance with RESOLUTION NO. 2018-171 (attached hereto as Exhibit C), to be used to purchase, lease, or own, operate and maintain a vehicle for use by the Employee when conducting City business. Employee shall be responsible for paying for liability, property damage, and comprehensive insurance coverage upon such vehicle and shall further be responsible for all expenses attendant to the purchase, operation, maintenance, repair, and regular replacement of said vehicle. It is understood that the vehicle allowance may be considered taxable income subject to withholdings. 7. Business Expenses. 7.1 General Expenses City recognizes that Employee may incur expenses of a non-personal, job- related nature that are reasonably necessary to Employee's service to the City. The City agrees to either pay such expenses in advance or to reimburse the expenses, so long as the expenses are incurred and submitted in accordance with the City's normal expenditure reimbursement procedures. To be eligible for reimbursement, all expenses must be supported by documentation meeting the City's normal requirements and must be submitted within time limits established by the City. 7.2 Work-Related Employee Events City shall grant Employee a reimbursement allowance of up to Fifty Dollars ($50.00) per month to cover work-related employee events. 8. Abuse of Office or Position. Pursuant to Government Code Sections 53243, 53243.1 and 53243.2, if Employee is convicted of a crime involving an abuse of his or her office or position, all of the following shall apply: (1) if Employee is provided with administrative leave pay pending an investigation, Employee shall be required to fully reimburse City such A-3 Packet Pg.87 amounts paid; (2) if the City pays for the criminal legal defense of Employee (which would be in its sole discretion, as it is generally not obligated to pay for a criminal defense), Employee shall be required to fully reimburse the City such amounts paid; and (3) if this Agreement is terminated, any severance pay and severance benefits related to the termination that Employee may receive from the City shall be fully reimbursed to City or void if not yet paid. For purposes of this Section, abuse of office or position means either: (1) an abuse of public authority, including waste, fraud, and violation of the law under color of authority; or (2) a crime against public justice, including, but not limited to, a crime described in Title 7 (commencing with Section 92) of Part 1 of the Penal Code. 9. Notices. Any notice required or permitted by this Agreement shall be in writing and shall be personally served upon the other Party, or sent by United States Postal Service, postage prepaid and addressed to the appropriate Party as follow: If to City: If to Employee: City of San Bernardino Attn: Teri Ledoux, City Manager 290 North "D" Street San Bernardino, CA 92401 Genoveva Rocha, City Clerk Personal Address on File Notice shall be deemed given as of the date of personal service or upon the date of deposit in the course of transmission with the United States Postal Service. 10. Termination. 10.1 Severance Unless employee is terminated for cause, Employee shall be entitled to and receive upon termination a severance payment equivalent to one (3) month's base salary in effect on her effective termination date. Severance payment shall not include all compensation, cash equivalent benefits, or expense reimbursements due and payable to Employee upon termination. 10.2 At-Will Employee Employee shall serve at the will and pleasure of the City Council. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Council to suspend from duty, remove from office or otherwise terminate the services of Employee at any time, at the sole discretion of the City Council. This Agreement may be terminated as follows. A-4 Packet Pg.88 10.3 Termination-Council Vote In accordance with section 505 of article V of the San Bernardino City Charter, the City Council may remove the Employee with or without cause by motion adopted by five affirmative votes of the Mayor and members of the City Council. 10.4 Resignation Employee may voluntarily resign his or her position as City Clerk, after giving the City at least thirty (30) days written notice prior to the effective date of such resignation, unless such notice is waived in whole or part by the City Council. 10.5 Disability. In the event the Employee is permanently disabled or is otherwise unable to perform his or her duties because of physical or mental incapacity for a period of six (6) consecutive months, the City may terminate the Employee's employment and this Agreement. Notwithstanding the above, nothing in this subsection shall be interpreted to waive any obligation the City may have to provide Employee with a reasonable accommodation or to engage in an interactive process with Employee to determine whether a reasonable accommodation is available. 11. General Provisions. 11.1 This writing constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior oral or written representations or written agreements on the subject matter hereof, which may have been entered into between the parties. No modification or revision to this Agreement shall be of any force or effect, unless the same is in writing and executed by the Parties hereto. 11.2 Each Party agrees and acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any Party, which are not embodied herein and that any agreement, statement, or promise not contained in this Agreement shall not be valid or binding on either Party. 11.3 If any provision, or portion thereof, contained in the Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. 11.4 This Agreement shall be governed by and construed in accordance with the law of the State of California. Venue shall be in San Bernardino County. A-5 Packet Pg.89 11.5 This Agreement shall be construed as a whole, according to its fair meaning, and not in favor or against any Party. By way of example and not in limitation, this Agreement shall not be construed in favor of the party receiving a benefit or against the Party responsible for any particular language in this Agreement. 11.6 Employee acknowledges that he or she has had an opportunity to consult legal counsel in regard to this Agreement, that he or she has read and understands this Agreement, that he or she is fully aware of its legal effect, and that he or she has entered into it freely and voluntarily and based on his or her own judgment and not on any representations or promises other than those contained in this Agreement. 11.7 In any dispute arising out of this Agreement, the prevailing party shall recover its reasonable attorneys' fees and costs. IN WITNESS WHEREOF, the parties have executed this Employment Agreement on the 19th day of August, 2020. CITY Teri Ledoux ( City Manager A-6 Packet Pg.90 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 EXHIBIT A RESOLUTION NO. 2017-139 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, REGARDING THE ESTABLISHMENT OF MANAGEMENT/CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS PLAN BETWEEN THE CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES; REPEALING RESOLUTION NO. 2007-345; RESOLUTION NO. 2008- 169; RESOLUTION NO. 2008-306; RESOLUTION NO. 2009-35; RESOLUTION NO. 2009-71; RESOLUTION NO. 2010-217; RESOLUTION NO. 2010-276; RESOLUTION NO. 2012-188; RESOLUTION NO. 2013-22; AND RESOLUTION NO. 2014-249; AND AMENDING RESOLUTION NO. 2015-242 WHEREAS, the designated representatives of the Mayor and City Council ("City") met and conferred in good faith with the employees in the San Bernardino Confidential and Management Association (SBCMA); WHEREAS, after four (4) meetings commencing on June 8, 2017 the City and the SBCMA agreed to the terms and conditions of the compensation and benefits plan as provided in this Resolution; WHEREAS, on July 6, 2017, SBCMA approved the terms and conditions of the compensation and benefits plans as provided in this Resolution; and WHEREAS, it is necessary to codify the changes to compensation and benefits granted to the SBCMA employees of the City of San Bernardino. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Council of the City of San Bernardino {City) hereby adopts a compensation and benefits plan for the San Bernardino Confidential and Management Association {SBCMA) as follows: 1. The tenn of this Resolution begins on July 1, 2017, and extends through June 30, 2020. If negotiations regarding a new Resolution establishing a compensation and benefits plan for the Management/Confidential Employees have not concluded by the time this Resolution expires, the terms of this Resolution shall remain in effect until a new Resolution is adopted by the Mayor and City Council. 2. Compensation/Salaries. Effective July 1, 2017, or the date that both the SBCMA and the Council have ratified and approved the tenns and conditions set forth in a Compensation and Benefits Resolution, but not before July 1, 2017, the salary ranges for all SBCMA members shall be increased by two percent (2%) to reflect a Management/Confidential Packet Pg.91 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 cost of living adjustment (COLA). Effective July 1, 2018, the salary ranges for all SBCMA members shall be increased by two percent (2%) as a COLA. Effective July 1, 2019, the salary ranges for all SBCMA members shall be increased by two percent (2%) as a COLA. All salary ranges for SBCMA members shall be amended by the Mayor and City Council in accordance with these provisions. 3. Classification and Salan Studv. The City and the SBCMA agree to complete a classification and salary study ("Study") during fiscal year 2019-2020 or the third year that this Resolution is in effect. The purpose of the Study will be to review current SBCMA employee classifications and propose revisions that provide fair and rational internal and external relationships. A joint job evaluation/compensation committee will be established to review the Study recommendations and develop a plan for implementing the study. The City and the SBCMA agree to address any salary adjustments to individual classifications during fiscal year 2020-2021 and any adjustments may be implemented in a subsequent Compensation and Benefits Resolution. Any salary equity adjustments to individual classifications will be considered with any across-the-board salary adjustments as to the total cost of SBCMA salaries. Annual salary adjustments, which may include equity adjustments resulting from the Study, will be based upon availability of funds and will be evaluated in the context of the City's long term financial plan that has been confirmed by the Bankruptcy Court. 4. Insurance (Medical Dental & Vision ). Effective January 1, 2018, the City will contribute: a) $1,025.00 per month towards the purchase of health care benefits for Employee Only; and, b) $1, 150.00 per month towards the purchase of health care benefits for Employee Plus One or More Dependents. Effective January 1, 2019, the City will contribute: a) $1,070.00 per month toward the purchase of health care benefits for Employee Only; and, b) $1,195.00 per month towards the purchase of health care benefits for Employee Plus One or More Dependents. Effective January 1, 2020, the City will contribute: a) $1,125.00 per month toward the purchase of health care benefits for Employee Only; and b) $1,250.00 per month toward Employee Plus One or More Dependents. The City's contributions for health care benefits are available to SBCMA 2 Management/Confidential Packet Pg.92 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5. members for the purchase of medical, dental, vision, life and accidental death and dismemberments through City selected plans. The amount of the City's contributions is based upon the "medical" enrollment category, i.e, Employee Only or Employee Plus One or More Dependents. For example, if an employee elects "employee only" medical coverage, then the "employee only" allowance will be contributed. Any City contributions not used by a SBCMA member for health benefits will revert to the City; however, if a SBCMA member selects a medical plan (Employee Only or Employee Plus One or More Dependents), any additional contributions beyond the amounts identified above, may be contributed toward additional life insurance or a City-provided deferred compensation plan. Health Insurance Waiver Stipend: Any employee who chooses not to enroll in any health care plan offered by the City, must provide evidence of group health care insurance coverage and execute a Waiver of Benefits and Release Agreement, releasing the City from any responsibility or liability to provide health care insurance coverage on an annual basis. Employees who do not enroll in a City health care plan during open enrollment and execute the forms above, shall receive a stipend of $3,000.00 on December 15th of each year covered by this Resolution. Employees participating in this option are required to waive all medical, dental and vision coverage provided by the City. SBCMA agrees to participate in the City's Joint Labor-Management Health Benefits Committee ("Committee") to evaluate, on an annual basis, City-wide plan designs for health care. All plan designs and City contributions shall be effective on January 1st annually. During the term of this Resolution, the City intends to review health care provider options, especially in light of potential changes to the current Affordable Care Act ("ACA"). During the term of this Resolution, the City reserves the rights, and the SBCMA agrees, to reopen negotiations on providers, health care plans, and/or any provision under this Section of the Resolution. Life and Accidental Death & Dismemberment CAD&D l Insurance. The City shall provide Term Life and Accidental Death & Dismembennent Insurance of one times the employee's annual salary for Executive Management, Seventy-five thousand dollars ($75,000) for all other Management employees, and fifty thousand dollars ($50,000) for Confidential employees. 3 Management/Confidential Packet Pg.93 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6. Holidays. All full-time employees within the Management/Confidential group shall be entitled to twelve (12) City-designated holidays, the equivalent of one hundred eight (108) holiday hours each year for those employees working a 5/8 or 9/80 work schedule and one hundred twenty (120) holiday hours each year for those employees working on a 4/10 work schedule. On January 1st of each year that this Resolution is in effect, all SBCMA members will receive an additional eighteen (18) hours of holiday leave ("Floating Holidays"). SBCMA members working a 5/8 or 9/80 work schedule may only carry over 108 hours per fiscal year; SBCMA members working a 4110 work schedule may only carry over 120 hours per fiscal year. On June 30th any holiday bank hours exceeding 108 or 120 hours will be forfeited. On or about November 30th of each calendar year, the City Manager shall detennine, and the Human Resources Director will distribute, the schedule of specific days that the twelve designated holidays will be observed for the next calendar year. At the time of separation from employment, SBCMA members will receive a payout of 100% for all accrued but unused post-petition holiday pay. 7. Jury Duty. The City will pay for all working days in a calendar year of a covered employee who is required to serve on jury duty. 8. Administrative Leave. On July 151 of each fiscal year that this Resolution is in effect, FLSA exempt SBCMA employees shall receive eighty (80) hours of administrative leave. At June 30th of each year, any unused Administrative Leave up to twenty (20) hours will be automatically carried over to the following fiscal year. Additional administrative leave may be granted at any time during a fiscal year, up to a maximum of twenty (20) hours, with a request in writing, including justification. recommended by the employee's department head, and approved by the Department Head or the City Manager. Any Administrative Leave has no cash value and shall not be paid out at any time. 9. Vacation Leave. a. All SBCMA members shall accrue eighty (80) hours of paid vacation upon the first day of the second year of continuous full-time employment with the City of San Bernardino. Thereafter, vacation shall accrue each pay period prorated according to the number of days or shifts per year in the following chart: 4 Management/Confidential Packet Pg.94 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Completed Years of Rate of Accrual Equivalent Hours Continuous Service Per Pay Period Per Year 1 Year** 3.333 hours 80 hours 5 Years 5.0 hours 120 hours 15 Years 6.667 hours 160hours 20 Years 8.334 hours 200hours **No vacation shall be granted if service is less than one (1) year. b. Vacation credits may accrue and accumulate for a maximum of two (2) years' total accumulated vacation credits on a carry-over basis from year to year: 1) I through 5 years of service= 160 hours; 2) 6 through 15 years of service= 240 hours; 3) 16 through the completion of 20 years of service= 320 hours; and, 4) 21 or more years of service= 400 hours. Once the cap has been reached, a bargaining unit member may not accrue any additional hours until the employee's accrued leave is below the cap. c. In the event an employee works less than fifty percent (50%) of the total normal work hours in a pay period, he/she shall not be credited with any vacation leave for such pay period. Approved vacation, sick, holiday, and administrative leave shall be considered as time worked for this item only. d. When an employee resigns or otherwise leaves the service of the City, payment shall be made to the employee for the earned portion of his/her post-petition vacation hours on the basis of the hourly rate of pay being received by the employee on the date of separation. e. Vacation Sell Back. SBCMA members may sell back up to forty (40) hours of post-petition vacation time per year providing the following conditions have been met: 1. Employees must have a minimum of one hundred twenty (120) hours remaining in their vacation balance after the sell back occurs; 2. Employees must have taken at least forty ( 40) cumulative hours of vacation during the past year prior to the sell back of hours; 3. Employees must complete a sell back form, which must include the signature of the City Manager's approval of the sell back; 4. Forms must be submitted to the Finance Department on or before November 1st each year this Resolution is in effect; and, 5 Management/Confidential Packet Pg.95 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 10. 5. Payment for vacation sell back hours will be paid (using the current Council approved salary rates in the Salary Resolution) on the employee's December 15th paycheck each year. Sick Leave. a. Regular full.time employees hired on or after July 1, 2017, and who are covered by this Resolution are eligible to receive thirty (30) hours of paid sick leave after the new employee has been employed with the City for ninety {90) days. Such paid sick leave may be used for employee or family illness or for medical reasons or other reasons provided under the City's Paid Sick Leave Policy (AB 1522), adopted by the Mayor and Common Council on June 18, 2015 by Resolution 2015·116. Thereafter, sick leave as herein provided shall accrue at a rate of eight (8) hours per month, four (4) hours per pay period. Employees may only accrue a maximum of 1040 hours of sick leave at any time. b. In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, he/she shall not be credited with any sick leave for such pay period. Approved vacation, sick leave, holiday or administrative leave shall be considered as time worked for the purpose of computing sick leave benefits only. Whenever an employee uses all allowable sick leave, further absences may be charged against accrued vacation or with department head approval, the employee may take loss of pay rather than vacation. c. Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease, attendance upon a member of his/her immediate family who is seriously ill and requires the care of or attendance of an employee, or death in the immediate family of the employee. Immediate family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son or daughter, mother-in·law, father-in-law, sister-in·law, brother-in-law, son-in-law or daughter·in· law, step mother, step father, or domestic partner. d. Upon the Department Head's request, an employee must provide a physician's statement to justify sick leave usage of five (5) consecutive days or longer. Employees suspected of abuse of excessive use of sick leave may also be required to furnish a written statement from their health care provider supporting the use of sick leave and/or the ability to return to work. 6 Management/Confidential Packet Pg.96 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 e. No absence due to illness or injury in excess of five (5) working days shall be approved except after the presentation of satisfactory evidence of illness or injury; namely a certificate from a practicing physician or an authorized practicing chiropractor approved by the City Manager or his/her designee. The City Manager or his/her designee shall have the power to require that any person claiming the sick leave benefits of this resolution be examined at any reasonable time or intervals by the City's designated physician, and in the event of an adverse report to reject such claim for sick leave, in whole or in part, and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the City Manager or his/her designees may terminate sick leave compensation and reject any claim therefor. The City Manager or his/her designee shall have the right to require the presentation of a certificate. f. At the time of separation, any employee having six (6) or more years of service, may cash out unused post-petition sick leave as follows: 1) 288 hours or less, no cash out; 2) 289-479 hours= 20% of the total accrued hours; 3) 480-959 hours= 25% of the total accrued hours; and, 4) 960 or more accrued hours= 35%. 11. PEHP Plan. The City agrees to participate in the Post Employment Health Plan (PEHP) in accordance with the terms and conditions of the Plan's Participation Agreement. 12. CalPERS Retirement. SBCMA members are provided retirement benefits under the California Public Employees' Retirement System (CalPERS) as follows: Tier I: 2. 7% @ 55 Benefit Formula for employees hired on or before October 3, 2011; Tier II: 2% @ 55 for employees hired on or after 10/4/11 through 12/31/12; Tier III: 2% @ 62 for new employees hired on or after January I, 2013, that satisfy the definition of "new member" under the Public Employees' Pension Reform Act (PEPRA). 7 Management/Confidential Packet Pg.97 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Em p lo yee Share. Effective 2/112013, all Tier I and Tier II employees shall pay the employee's share of the retirement contribution, either 8% for the 2.7@ 55 formula or 7% for the 2%@ 55 formula. Effective 1/1/2013, Tier III employees shall pay the employee contribution required by the PEPRA, calculated at 50% of the normal cost. Em lo ·er Share. Effective 2/1/2013, all employees shall contribute 9.304% (either 1.304% or 2.304% depending whether the employee rate is 8% or 7%) of their salary toward the employer cost of retirement in accordance with Section 20516 of the California Government Code. The City will pay the employer contribution for the Fourth Level 1959 Survivor Benefit. For Tier I and II employees, the final compensation retirement calculation shall be based upon their single highest year of compensation eamable as provided under Section 20042 of the California Government Code. The compensation earnable period for Tier III PEPRA employees will be three years. The City and the SBCMA acknowledge that the_ PEPRA laws and regulations shall govern a determination of whether employees are hired as "new members" or "classic or legacy" members. 13. Charter Amendments and Uniform Policies. Section 508 of the City's new Charter that became effective on January 31, 2017, provides that, "The Council shall provide for the establishment, regulation and maintenance of a merit system and governing personnel rules and regulations necessary for the effective administration of employees of the City's departments, offices and agencies. Such personnel rules and regulations may include but are not limited to classification and pay plans, examinations, force reduction, removals, working conditions, provisional and exempt appointments, in-service training, grievances and relationships with employee organizations." Accordingly, the City will be reviewing and developing uniform personnel policies in order to implement this Charter section. The City will provide copies of the uniform personnel rules and policies to the SBCMA prior to the City Council adoption of such rules and policies. The City contemplates that the City's uniform policies will include, without limitation, the following: City-wide Educational Incentive Pay; Acting Pay; Employee Assistance Program (EAP); Injury Leave; Drug and Alcohol Testing; Leave of Absence without Pay; No-Pay Status; Military Leave; Jury Duty; Catastrophic Leave; 8 Management/Confidential Packet Pg.98 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Seniority; Work Schedules; and, Probationary Period. Until such rules and policies have been adopted, all existing rules and policies, including, without limitation, shall remain in effect. 14. Wellness Benefit. Full-time employees who have successfully passed probation are eligible to receive a taxable wellness/physical benefit of $250.00/year during each calendar year that this Resolution is in effect. This amount does not roll over to the next calendar year and any amounts not used by December 31 51 shall be forfeited. Employees have until March 31st of the following calendar year to turn in receipts from the prior year. All reimbursement requests shall be made on forms provided by the Human Resources Department. Expenditures must follow the guidelines provided in Exhibit A to this Resolution. 15. Performance Evaluations. Perfonnance evaluations and any corresponding merit pay increases will be administered through the provisions of the City's Department Director Letter (DDL) No. 66, as may be amended. 16. De partment Head Allowance. A Department Head may be reimbursed up to fifty dollars ($50) per month to cover work related employee events such as lunches, department celebrations, employee recognitions, and other events and functions. The allowance shall not accumulate from month to month. Requests for reimbursement shall be submitted to the Finance Department on prescribed forms. 18. Bankruptc\' Provisions/Release of Claims/Pre-Petition Leave Balances. Section 9 of Resolution No. 2015-242 Pre-Petition Leave Balances and Appendix A to Resolution No. 2015-242 Bankruptcy Provisions and Release of Claims shall continue to be in effect and are incorporated herein to this Resolution. 9 Management/Confidential Packet Pg.99 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN 1 BERNARDINO, CALIFORNIA, REGARDING THE EST ABLISBMENT OF MANAGEMENT/CONFIDENTIAL EMPLOYEE COMPENSATION AND BENEFITS 2 PLAN BETWEEN THE CITY AND MANAGEMENT/CONFIDENTIAL EMPLOYEES; REPEALING RESOLUTION NO. 2007-345; RESOLUTION NO. 2008-169; 3 RESOLUTION NO. 2008-306; RESOLUTION NO. 2009-35; RESOLUTION NO. 2009- 71; RESOLUTION NO. 2010-217; RESOLUTION NO. 2010-276; RESOLUTION NO. 4 2012-188; RESOLUTION NO. 2013-22; AND RESOLUTION NO. 2014-249; AND AMENDING RESOLUTION NO. 2015-242 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 19th 20 The foregoing Resolution is hereby approved this 19th day of July 2017. ,.. 21 22 23 Approved as to form: 24 Gary D. Saenz, City Attorney 25 10 12 J ,.. I / I ' , ' ">="' ;,ui/4 R. Car;y Da v~/, Mayor City of San Bernardino Management/Confidential Packet Pg.100 1 2 94-392 RESOLUTION NO. ----- EXHIBIT B 3 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RF.SOLUTION NO. 6413 ENTITLED IN PART, "A RESOLUTION . . . ESTABLISHING A BASIC 4 COMPENSATION PLAN ... , "BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION. (MANAGEMENT & CONFIDENTIAL) 5 B BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: 7 8 SECTION 1: Section Five of Resolution No. 6413 is hereby amended to exclude management and confidential employees. 9 10 11 SECTION 2: Section Five and One-Half is added to Resolution No. 6413, as follows: SECTION FIVE AND ONE-HALF: Section Five and One-Half shall apply to all non- 12 safety management and confidential employees: 13 (a) Effective January 1, 1995, employees will be adjusted from their current 14 salary ranges and steps to the new ranges and steps as set forth in Sections Twelve and Fourteen 15 of this resolution. Step placement will be nearest dollar with minimum placement at Step Two. 16 17 Employees who would have advanced to a higher step during the month of January, 1995 will 18 receive their January advancement and then will be placed in the range and step nearest their 19 January salary. 20 21 22 (b) Employees hired within the last six months, or who will be hired at Step 1 after January 1, 1995, will be eligible for a maximum of a 5% step increase after the successful completion of the first six months of service. The minimum time period between alt 23 24 other steps will be twelve months. 25 (c) Beginning January 1, 1996, and each January 1 thereafter, all management 26 and confidential employees who have not yet reached top step, may receive an increase ranging 27 from 1 % to 5%, based upon the performance evaluations completed within the previous 28 Packet Pg.101 ' 94-392 1 AMENDMENT TO RESOLUTION NO. 6413 BY UPDATING INFORMATION 2 CODIFYING PRIOR COUNCIL ACTION. 3 4 5 6 7 evaluation period. The evaluation period is six months from Step 1 to Step 2, and tweJve months between all other steps. (d) All management and confidential employees shall be evaluated in writing. (1) Evaluation of department heads and heads of divisions within the 8 City Administrator's Office will be performed by the City Administrator and reviewed by the 9 Mayor, using an evaluation format approved by the City Administrator. 10 11 12 13 (2) Evaluation of the Civil Service Chief Examiner will be performed by the Civil Service Board and reviewed by the Mayor. (3) Evaluation of the City Librarian wi11 be performed by the Library 14 Board and reviewed by the Mayor. 15 (4) Evaluation of employees of elected officials will be performed by 16 the elected official or his/her designee and reviewed by the Mayor. 17 25 26 27 28 (5) Evaluation of other management/confidential employees will be (1) Recommendations for salary advancement of a department head, 2 Packet Pg.102 94-392 1 AMENDMENT TO RESOLUTION NO. 6413 BY UPDATING INFORMATION 2 CODIFYING PRIOR COUNCIL ACTION. 3 4 5 6 or division head within the office of the City Administrator, shall be submitted by the City Administrator. (2) Recommendations for salary advancement of the Civil Service Chief 7 Examiner shall be submitted by the Civil Service Board. 8 (3) Recommendations for salary advancement of the City Librarian 9 shall be submitted by the Library Board. 10 11 12 (4) Recommendations for salary advancement of employees of elected officials, with the exception of the Council Office, shall be approved and submitted by the 13 Mayor. 14 (5) Recommendations for salary advancement within the Council Office 15 shall be submitted by a Council committee. 16 17 18 19 (6) Recommendations for advancement of all other management/confidential employees shall be submitted by their respective department heads. (f) When an employee returns to work after an approved leave of absence 20 without pay and has over two (2) months of uncompensated service within the prior twelve· 21 month period, his/her anniversary date and compensation advancement date, for the purpose of 22 establishing compensation as provided for in this section, shall be extended by the length of time 23 for which the leave of absence was granted. 24 25 In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts. 26 27 28 3 Packet Pg.103 94-392 Packet Pg.104 1 AMENDMENT TO RESOLUTION NO. 6413 BY UPDATING INFORMATION 2 CODIFYING PRIOR COUNCIL ACTION. 3 (3428) 4 5 (3434) 6 (3484) 7 (3494) 8 (3504) 9 (3514) 10 (3524) 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3753 3941 3867 4060 4962 5210 5216 5477 5483 5757 5763 6051 6058 6361 4138 4344 4562 4263 4476 4700 5471 5744 6031 5750 6038 6340 6045 6347 6664 6354 6671 7005 6679 7013 7363 Programmer Analyst City Attorney Investigator (U) Deputy City Attorney I (U) Deputy City Attorney II (U) Deputy City Attorney III (U) Deputy City Attorney IV (U) Senior Deputy City Attorney (U) 5 Packet Pg.105 94-392 Packet Pg.106 94-392 Packet Pg.107 .-------n------..-------------------·-··--· Packet Pg.108 1 AMENDMENT TO RESOLUTION NO. 6413 BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTION. 2 3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 4 and Common Council of the City of San Bernardino at a __ re_q_ul_a_r __ meeting thereof 1 5 held on the _1_9_th __ day of December 6 7 8 9 COUNCILMEMBERS NEGRETE tO CURLIN 11 HERNANDEZ 12 OBERHELMAN 13 DEVLIN 14 POPE-LUDLAM MILLER , 1994, by the following vote, to wit: NAYS ABSENT ABSTAIN x x x x x 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a~~ City'elerk 9 Packet Pg.109 1 AMENDMENT TO RESOLUTION NO. 6413 BY UPDATING INFORMATION 2 CODIFYING PRIOR COUNCIL ACTION. 3 The foregoing resolution is hereby approved this. __ 2_2 n_d _______ day of 4 5 6 7 8 9 10 11 December 1994 _____ , . Apt>l'O\'cd as ~ 12 fenn and legttl content: lS JAMF.S F. PENMAN l4 City Attorney 15 16 17 By:Ju7~~-1 l4·~ 18 -~ ~ C-L.,2;,. c/9/' 19 20 21 22 23 24 25 26 27 28 ~ City of San Bernardino 10 Packet Pg.110 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBITC RESOLUTION NO. 2018-171 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A SET VEHICLE REIMBURSEMENT ALLOWANCE FOR ELIGIBLE CITY EMPLOYEES AND ELECTED OFFICIALS AND REPEALING RESOLUTION NO. 2006-428 WHEREAS, the Mayor and City Council adopted Resolution No. 2006-428 authorizing a vehicle reimbursement allowance for eligible City employees and elected officials effective Januaryl,2007;and WHEREAS, the monthly vehicle allowance was to be increased by $25 each July I st thereafter; and WHEREAS, a survey of neighboring cities found the City's allowance is significantly higher than those found in other cities; and WHEREAS, eliminating the automatic increase will result in an annual savings of $8,400.00. NOW, THERFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The monthly amount of vehicle reimbursement allowance authorized for each employee category as of July 1, 2018 is listed below: City Manager: Assistant City Manager, Mayor, City Council, and Deparbnent Directors: Division Heads: $775 $725 $575 All individuals who are eligible to receive a vehicle reimbursement allowance will be designated by the City Manager. SECTION 2. Resolution No. 2006-428 is hereby repealed. Ill Ill Ill Ill 1 Packet Pg.111 1 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ESTABLISHING A SET VEIDCLE 2 REIMBURSEMENT ALLOWANCE FOR ELIGIBLE CITY EMPLOYEES AND 3 ELECTED OFFICIALS AND REPEALING RESOLUTION NO. 2006-428 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 20th day of June 2018, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL _ Ot-f,01<CA «', , Georgeann i anna, CM(, Ctty Clerk The foregoing Resolution is hereby approved this 20th day of June 2018. , Approved as to form: Gary D. Saenz, City Attorney By: iJ-:_x;;_ "'- 2 // R. Carey Davi's, Mayor City of San Bernardino Packet Pg.112 Page 1 4 3 2 City of San Bernardino Request for Council Action DISCUSSION Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Carousel Mall – Demolition and Professional Services Agreement for 24/7 Security Services (Ward 1) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Direct the City Manager to prepare and issue the necessary documents for the demolition of the Carousel Mall through a design-build contract; and 2. Authorize the City Manager to execute a month-to-month Professional Services Agreement between City of San Bernardino and Redwood Private Security for 24/7 security patrol of the Carousel Mall. Background: The Carousel Mall is a 43-acre property located in the historic heart of Downtown San Bernardino. In 1972, the mall opened its doors as the Central City Mall with major anchor stores including Harris Company, J.C. Penney and Montgomery Wards with a variety of inline tenants. By the 1980s, the mall began to decline, and efforts were made to rebrand the mall as the Carousel Mall. By the beginning of the new century, the anchor stores began to close their doors leaving the inline tenants in the mall. After 45 years of operations, the Carousel Mall closed its doors to the public in 2017. Although the Carousel Mall’s closure impacted the community, it has created a new opportunity for growth and development in the historic core of Downtown San Bernardino. Most of the Carousel Mall property is controlled by the City of San Bernardino with the exception of the Harris Company department store and the Enterprise Building, formerly known as the Andresen building, located in front of E Street, which are connected to the Mall. The City’s ownership of the property is through its former Redevelopment Agency and is therefore subject to the dissolution act process for all redevelopment agencies in California. This property has been identified as one of the main catalysts for the future revitalization of Downtown San Bernardino. The sale and development of this property asset is of key importance to the City’s future success. Packet Pg.113 Page 2 4 3 2 Discussion: Demolition The Carousel Mall has historically been a critical economic element for downtown San Bernardino and the overall San Bernardino community. Since its closure in 2017, the Carousel Mall has become a health and safety burden for the City of San Bernardino. Transients have intruded into the Mall through the doors and roof, causing structural damage to the building and removing wiring/valuables to salvage. In addition, the recent May 2022 Third Alarm Fire inside the Mall created more structural damage due to the use of water to extinguish the fire. In the last 12 months, more than three fires reported in the Mall caused by transients. The breaching and vandalism of the property create costs and potential liability for the City. For example, over the last two months, staff has spent over $10,000 in materials and after-hour calls (i.e., overtime) on securing the building after it has been breached. This excludes the amount of staff time during the regular workday to address issues, which distracts from day- to-day duties. According to the Facility Maintenance Division Manager, Facilities employees spend approximately 25% of their time addressing issues associated with vandalism and breaches at the Mall. The time spent at the Mall takes away valuable resources from the City to address maintenance and repair needs through occupied buildings in the City. In addition, neighboring landowners have raised concerns about the condition of the Carousel Mall and its impact on their properties. While the condition of downtown is the collective responsibility of all local landowners, addressing the conditions at the Carousel Mall will help mitigate the concerns of neighboring owners. Staff strongly believes the demolition of the Carousel Mall is a viable solution to prevent safety and health concerns, eliminate the need to allocate valuable city resources, and reduce/eliminate the costs of maintaining a vacant building. The demolition of the Carousel Mall may also help to facilitate, incentivize, and expedite future development at the site. In order to expedite the demolition, staff recommends the preparation and issuance of documents to facilitate a Design-Build contract pursuant to Chapter 12.21 (Design-Build) of the City’s Municipal Code). If authorzied, a Request for Qualification (RFQ) will be issued with a deadline for a response. Staff will then evaluate the responses to the RFQ to determine who be invited to participate in a Request For Proposals (RFP). Staff will then evaluate the proposals in response to the RFP to determine which firm is best suited to delivier the project effectively and efficeintly. Staff will return to the City Council to request the award of the Design-Build contract. Below is a proposed timeline if authorized by the City Council. Issuance of Request for Qualifcation (RFQ)July 26, 2022 RFQ Due Date August 18, 2022 Issuance of Request for Proposal for Qualified Contractors September 1, 2022 RFP Due Date September 22, 2022 City Council Award of Design/Build Contract October 19, 2022 24/7 Security Due to increased vandalism and trespassing, which poses health and safety issues and costs to the City, staff solicited four informal proposals for security services to patrol the mall to prevent unlawful activity. The following is the breakdown of the four proposals for 3-shift patrol of 8 hours each. The first shift (morning) will be one patrol officer and one vehicle, while the two remaining shifts (mid-day and evening) will be two patrol officers and one vehicle. Packet Pg.114 Page 3 4 3 2 Monthly Totals Yearly Totals Officer Vehicle Total Officer Vehicle Total Platinum $ 37,225.07 $ 6,916.00 $ 44,141.07 $ 446,700.80 $ 82,992.00 $ 529,692.80 Redwood $ 39,785.00 included $ 39,785.00 $ 477,420.00 included $ 477,420.00 Citiguard $ 35,186.67 $ 1,750.00 $ 36,936.67 $ 422,240.00 $ 21,000.00 $ 443,240.00 RMI $ 222,630.72 $ 5,476.81 $ 228,107.56 $ 2,671,568.64 $ 65,721.76 $ 2,737,290.43 Based on a review of the proposals, on July 12, 2022, staff recommends the Mayor and City Council authorize the City Manager to execute a month-to-month Professional Services Agreement with Redwood Private Security for the 24/7 security patrol of the Carousel Mall grounds. The 24/7 security patrol provided will focus on problematic areas to prevent access and vandalism to the building. Redwood will work closely with city staff and the Police Department to safeguard the building and the grounds as best as possible. If this contract is authorized, staff anticipates the contract continuing through the conclusion of the demolition of the Mall. Alternatives The City Council may opt not to proceed with demolition of the Carousel Mall at this time. In that event, the demolition of the Mall will be addressed as part of the development efforts. Similarly, the City Council may choose not to authorize the security contract and instead continue with the existing, much more limited, security services. 2021-2025 Key Strategic Targets and Goals: This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this item will allow staff to begin mall demolition process, which reduce the risk and improve safety and health. Financial Impact: Demolition – After receiving the proposals, staff will evaluate and suggest a funding source for the demolition, which may be recovered from the sale of the mall property. Security - Regarding the security services, there are sufficient funds in the current account to cover month-to-month services for the time being. If the contract is authorized, staff will assess the long term budgetary impacts and opportunities for offsets and will return to the City Council at a later time to request an appropriation to cover the increased service level before current budgets are expended. Conclusion: It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Direct the City Manager to prepare and issue the necessary documents for the demolition of the Carousel Mall through a design-build contract; and 2. Authorize the City Manager to execute a month-to-month Professional Services Agreement between City of San Bernardino and Redwood Private Security for 24/7 security patrol of the Carousel Mall. Attachments: Packet Pg.115 Page 4 4 3 2 Attachment 1 – Proposed Professional Services Agreement with Redwood Private Security Ward: All Synopsis of Previous Council Actions: None Packet Pg.116 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO RECITALS A. City is a public agency of the State of California and is in need of professional services for the following project: Security Services for the Carousel Mall (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. AND REDWOOD PRIVATE SECURITY This Agreement is made and entered into as of July 12, 2022 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 Redwood Private Security, a limited partnership, with its principal place of business at 473 E Carnegie Drive, Suite 200, San Bernardino, CA, 92408 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collecti vely as the “Parties.” NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 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.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 Packet Pg.117 2 Consultant under this Agreement exceed the sum of $39,785 per month. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. Consultant may submit 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 thirty (30) 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. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. 6. Term. This Agreement shall commence on the Effective Date and continue on a month-to-month basis until 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 a Force Majeure Event. A Force Majeure Event shall mean an event that Packet Pg.118 3 materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions 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. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work. 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 Packet Pg.119 4 any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business. 14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder. 15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured 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 Packet Pg.120 5 coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Contractual Liability with respect to this Contract (7) Broad Form Property Damage (8) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (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. Packet Pg.121 6 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. Intentionally Omitted g. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and property damage Packet Pg.122 7 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. h. 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. i. 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. Packet Pg.123 8 (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. j. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. k. 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 Packet Pg.124 9 Consultant or City 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. m. 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 damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. 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. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. Packet Pg.125 10 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the 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 subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 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 received, the charge for services Packet Pg.126 11 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 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 Larry Krininger 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. Packet Pg.127 12 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: 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: Larry Krininger General Manager 473 E Carnegie Drive, Suite 200, San Bernardino, CA, 92408 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. 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 Packet Pg.128 13 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 waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 36. Time of Essence. Time is of the essence for each and every provision of this Agreement. 37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right 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. Packet Pg.129 14 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature [SIGNATURES ON FOLLOWING PAGE] Packet Pg.130 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND REDWOOD PRIVATE SECURITY IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: ROBERT D. FIELD City Manager ATTESTED BY: GENOVEVA ROCHA, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney CONSULTANT Jason Berckart, CPP, Chief Executive Officer Signature Name Title Packet Pg.131 16 EXHIBIT A SCOPE OF SERVICES Packet Pg.132 Friday, July 1, 2022 PROPOSAL FOR SECURITY PARTNERSHIP City of San Bernardino (Carousel Mall Property) Primary Contact: Jason Berckart, CPP Chief Executive Officer 951-370-9931 jberckart@redwood-security.net Redwood Private Security Mission Statement “To provide an unrivaled partnership with quality clients by delivering customized security services and solutions carried out by a dedicated and professional workforce.” Exhibit A Packet Pg.133 Friday, July 1, 2022 Proposal for Security Services Page 2 Dear Tim, Redwood Private Security is honored to present the following proposal for a security services partnership with the City of San Bernardino at Carousel Mall. We pride ourselves in creating customized security services and solutions by getting to know each client and their unique needs. We understand the City of San Bernardino has unique needs and we tailor our services to compliment your operations and serve as a true partner to you and the community you serve. Redwood Private Security was created by highly seasoned security management professionals with decades of collective experience. Our executive and management team have worked together for over 14 years and have the synergy to produce unrivaled security services. Our team has demonstrated experience and great qualifications for serving clients of all types in multiple vertical markets. The Redwood Private Security team has extensive experience providing over 50,000 man-hours per week of both armed and unarmed security services. We provide security for both the public and private sectors, including industrial complexes, commercial office, high-rise, governmental offices, and much more. Our industry-leading processes and training establish the appearance and integrity our clients demand from their security services partner. Our security officers are thoroughly screened and trained before being placed at a client site. At Redwood Private Security, we do more than just fill a uniform; We provide security officers who take pride in their job and fulfill our commitment to a true security services partnership with each client. At Redwood Private Security, we always stay ahead of the game on industry technology to complement our services delivery. We will propose technology where applicable to reduce the need for personnel and increase productivity and accountability. After reviewing the following proposal, we are confident you will see Redwood Private Security is best suited and qualified to meet your security needs. I would be honored to provide an in- person presentation or video conference call/ webinar to provide you with further information or answer any of your questions. Respectfully, Jason Berckart, CEO Redwood Private Security, LP 951-370-9931 mobile | jberckart@redwood-security.net Exhibit A Packet Pg.134 Monday, July 11, 2022 Proposal for Security Services Page 3 Table of Contents INTRODUCTION AND COMPANY INFORMATION ............................................................. 4  Brief History ............................................................................................... 5  THE RPS TEAM FOR THE CITY OF SAN BERNARDINO....................................................... 8  Primary Contact and Management Hierarchy for This Security Partnership ..................... 8  Executive Team ........................................................................................... 9  Security Staffing Overview ............................................................................. 13  Screening & Background Check Process .............................................................. 16  RPS Uniforms ............................................................................................. 17  RPS Employee Benefits Program ....................................................................... 18  TRAINING .......................................................................................................... 22  New Hire Training Program............................................................................. 22  Standards for Written Reports ......................................................................... 26  FAMILIARITY WITH SECURITY INDUSTRY & PRACTICES .................................................. 36  Familiarity with Federal, State, and Local Regulations ........................................... 36  Quality Control Program for Security Personnel .................................................... 36  Introductory Period for New Employees ............................................................. 40  Action Plan for City of San Bernardino at Carousel Mall ........................................... 40  Transition Plan ........................................................................................... 41  VALUE-ADDED SERVICES ....................................................................................... 42  PROPOSAL PRICING ............................................................................................. 43  REDWOOD PRIVATE SECURITY: ............................................................................... 45  THE LOGICAL CHOICE FOR THE CITY OF SAN BERNARDINO ............................................. 45  Exhibit A Packet Pg.135 Friday, July 1, 2022 Proposal for Security Services Page 4 INTRODUCTION AND COMPANY INFORMATION Redwood Private Security (RPS) is honored to present this proposal for providing the City of San Bernardino a customized security partnership program. The security program proposed is designed to provide high-visibility, security services for the Carousel Mall property. The RPS team has experience providing similar services for clients including Link Logistics, Vanir Development, and Rexford Industrial. Through our research and experience, RPS has an understanding of the City’s current security needs, including personnel resources needed, training needed for successful operations, and policies and procedures to complement your property’s operations. Objective Our objective is to deliver a client-centric customized security partnership program that will exceed your expectations, delivered by a committed and professional team. Your RPS management team will frequently assess your security program, recommend updates, implement new solutions, and consistently maintain communication and quality throughout the partnership. We will meet this objective by using the following: • A focused recruiting strategy where we will target quality, service-oriented Security Officers, and not just waiting for candidates to apply to online advertising. • An employee compensation package to attract the best candidates in the area, including a generous salary, medical, dental and vision plans, 401(k) options, and much more. • A thorough screening procedure to ensure we only hire the best qualified Security Officers with proven work history and good work ethic. Our screening includes extensive background checks, drug screening, motor vehicle records check, and previous work experience verification. • An onboarding process employing a mentor-protégé method where new hires are guided through their orientation to RPS’ policies and procedures, and company culture with more individualized focus. • Use of detailed and clear processes and company philosophies communicated to the officers and management team to ensure consistent, quality service and operations. • An industry-leading training academy that will provide our security teams the ongoing educational tools they need to be successful in their individual positions, as well as preparing them for their career advancement. Training is currently offered online to accommodate social distancing in both instructor-led and multimedia formats. • Use of consistent field supervision, quality control measures, and employee support. • Regular visits with building management to ensure consistent quality and service delivery. • Use of scheduled performance evaluations of employees to ensure we communicate expectations, give praise for high-performing areas, and strengthen areas needing improvement. • Custom incident reporting and guard tour system, including automatic e-mail reports to track all aspects of the services provided by RPS. Exhibit A Packet Pg.136 Friday, July 1, 2022 Proposal for Security Services Page 5 Brief History Redwood Private Security, LP (doing business as: Redwood Private Security), is headquartered in San Bernardino, California, founded by several security industry leaders who previously worked for a West Coast regional security company for over 14 years. The RPS team has experience working well together and managing over 50,000 hours per week of contract security services in 10 offices over several states. The RPS team has extensive experience providing armed and unarmed security and courtesy patrol services to several markets including industrial complexes, commercial office, high-rise, and governmental offices. With a customized approach to each of our clients’ security needs, RPS provides unmatched solutions to meet the specific needs of each client. Jason Berckart co-founded Redwood Private Security in 2020 after working as an Area Vice President for a large regional security company that was later acquired by a large national provider in 2019. Mr. Berckart founded RPS after seeing the security industry dominated by large corporations primarily focused on profits, with little to no focus on clients and employees. Mr. Berckart recognized this need for a company with an inclusive culture focused on employees and clients and decided to start RPS with industry colleague Eugene Abellon. The Redwood Private Security team consists of several security industry leaders who have a lengthy track record of success and synergy working together. RPS currently operates in California, Nevada, and Texas. RPS will continue to maintain local (Inland Empire-based) ownership and support to ensure all our clients receive focused attention, without the need ever wait for responses from an out-of-state executive team. This will provide more timely solutions to each of our clients to keep the security partnership running as effectively as possible. Redwood Private Security Mission Statement “To provide an unrivaled partnership with quality clients by delivering customized security services and solutions carried out by a dedicated and professional workforce.” Exhibit A Packet Pg.137 Friday, July 1, 2022 Proposal for Security Services Page 6 Overall Capabilities Redwood Private Security specializes in customized security partnerships with clients where the focus is on customer service, accountability, access control, and emergency response. RPS services include: Armed Security Officers Vehicle Patrol Officers High-visibility foot patrols Security Console/ SOC Operations Concierge and Ambassador Services Unarmed Security Officers Alarm Response Specialized client-requested training. RPS is headquartered in San Bernardino (CA) and operates in both northern and southern California. RPS is licensed as a qualified Private Patrol Operator by the State of California/Bureau of Security and Investigative Services (BSIS) (License No. PPO 120965). Redwood Private Security Office Location Corporate Headquarters 473 E. Carnegie Drive, Suite 200 San Bernardino, CA 92408 Since the founding of Redwood Private Security, RPS has set and began following a plan to expand its operations through conservative, organic growth and becoming a top-tier security partner. RPS employs security officers who exceed stringent selection criteria and have extensive training and certification levels in order to serve each of our clients. RPS’ clients can benefit greatly from the speed, customized service, and flexibility of a quality local security partner, while at the same time experiencing the strength and capabilities of a national provider. RPS’ unique ability to combine a professional workforce, coordinated service delivery, responsive & local management, and client-centric service has empowered us to meet the evolving needs of each individual client. Each client can expect RPS to be an ideal security services partner. RPS works with our clients to frequently recommend new technology and operational strategies to improve the efficiency of the security program while helping to reduce costs to the client. Exhibit A Packet Pg.138 Friday, July 1, 2022 Proposal for Security Services Page 7 Current Capabilities and Resources Redwood Private Security currently has a local office in San Bernardino, CA, and with our CEO located in southern California, RPS has a local management team to provide support. The RPS team is able to support the existing scope of work as well as any emergency and unexpected service needs. As an additional layer of support, the local team at the City of San Bernardino will be supported by other RPS locations and management. These locations can supply additional management, supervisors, security officers, and equipment resources when emergencies arise. Our executives and other managers have certifications and training skills that can be used at the City of San Bernardino as needed. Exhibit A Packet Pg.139 Friday, July 1, 2022 Proposal for Security Services Page 8 THE RPS TEAM FOR THE CITY OF SAN BERNARDINO Primary Contact and Management Hierarchy for This Security Partnership Primary Management Contact Larry Krininger, General Manager 909-681-7448 mobile lkrininger@redwood-security.net Secondary Management Contact Pamela Munoz, Client Manager 951-970-4766 mobile pmunoz@redwood-security.net Additional Management Contact Jason Berckart, CEO 951-370-9931 mobile jberckart@redwood-security.net Company Organizational Structure: RPS will provide the City of San Bernardino with a clear channel of communication so we can provide the best security services possible. At RPS, our organizational structure is designed with minimal layers of management. RPS delegates authority and responsibility appropriately so your site supervisor and/or manager can resolve issues without having to constantly escalate matters to higher management. With open lines of communication, RPS management can be in contact with City of San Bernardino management and RPS employees quickly and efficiently. Exhibit A Packet Pg.140 Friday, July 1, 2022 Proposal for Security Services Page 9 Executive Team The RPS executive team is located in California and is directly involved in providing support to the local teams at each client site. Exhibit A Packet Pg.141 Friday, July 1, 2022 Proposal for Security Services Page 10 Exhibit A Packet Pg.142 Friday, July 1, 2022 Proposal for Security Services Page 11 Exhibit A Packet Pg.143 Friday, July 1, 2022 Proposal for Security Services Page 12 Site Supervision & Responsibilities RPS will utilize a team of managers who serve as roving Supervisors over various work sites in the Inland Empire area. The managers will conduct announced and unannounced checks of the Security Officers at Carousel Mall, especially during weekend and late-night hours. Account Manager Responsibilities RPS will assign a manager to serve as the City of San Bernardino’s Account Manager. The Account Manager will provide the overall operational leadership over the entire Security program at Carousel Mall and will be the primary point of contact with property management. The Account Manager is responsible for overseeing all aspects of the security operations, including (but not limited to): contract compliance, safety, personnel selection, post orders development, personnel training, post scheduling, emergency response, documentation, and reporting. Internally, the Account Manager will have ultimate responsibility to ensure all RPS policies and procedures are followed by assigned personnel, including but not limited to: ✓ Ensuring all security personnel receive the required company and site orientation and on-the-job training. ✓ Ensuring the effective scheduling of personnel and ensuring all posts are covered with a trained and qualified security officer. ✓ Ensuring billing details are correct and submitted properly to prevent billing issues. ✓ Attending regular meetings with the client representatives to ensure RPS services are meeting all expectations. The RPS managers and Site Security Supervisors report to the designated General Manager. The Account Manager will be continuously supported by RPS management, including Recruiting, Human Resources, Payroll, Accounting, and executive management teams. Person-in-charge When Account Manager Unavailable RPS recognizes and encourages a healthy work-life balance for our employees. In the event of a scheduled vacation, time-off or other longer-term absence of the Account Manager, RPS will designate and communicate to City management a temporary backup to the absent manager. Exhibit A Packet Pg.144 Friday, July 1, 2022 Proposal for Security Services Page 13 Security Staffing Overview Upon award of a security services contract, RPS will coordinate with City management and begin the recruiting process for regular and on-call/ back-up security officers for the Carousel Mall project. Management Staffing Plan The City of San Bernardino will have an assigned Account Manager to serve as the direct point to the City management. Upon starting at Carousel Mall, General Manager Larry Krininger will serve in this role to ensure a successful security program is developed. RPS management will continually review staffing levels and job duties with City management to ensure the most efficient security program is delivered. Personnel Selection Process RPS will recruit outstanding external candidates looking for a position in the security industry for job vacancies. RPS utilizes Kwantek as our applicant tracking and onboarding software. All job requisitions created in Kwantek are pushed out and posted on several external job websites. These websites include Indeed.com, Glassdoor.com, Ziprecruiter.com, MyGuardJobs.com, Google Jobs, and Facebook Jobs. When needed, we also post our open positions on local job websites such as Craigslist.org, Monster.com, other local websites, as well as on the Redwood Private Security website. RPS recruiters attend job fairs at colleges and trade shows and work in the field looking for high quality candidates. RPS encourages job candidates referred by employees and clients as well. Redwood Private Security is committed to hiring veterans and candidates from military job placement venues. When promotional opportunities arise, our first intention is to promote internal candidates whenever possible. RPS works to develop those employees who wish to advance in their career, so they are ready when opportunities present themselves. Our internal job board can be viewed 24/7 online by any of our employees who are interested in searching for promotional opportunities. Hiring Statistics: •1 out of 15 applicants hired. •Applicants must provide complete education, residential, and work history without unexplained gaps. •State and Federal-level criminal background checks •7-year residential history check. •10-panel drug screen •MMPI-2 Psychological Assessment for Armed & Safety Sensitive personnel. •7 years average time in security industry. •67% of employees hold multiple certificates. •Annual check of all required security licenses and permits. •Annual DMV check for driving positions. Exhibit A Packet Pg.145 Friday, July 1, 2022 Proposal for Security Services Page 14 As an equal opportunity employer, RPS seeks to hire the best employees in each area we serve. In order to meet our goal of providing unmatched security services, our selection process is carefully designed to find the most suitable individuals for each post. The objective of our personnel selection process is to fill immediate job vacancies and maintain a reserve pool with the best suited security officers and supervisors. This enables RPS to handle unexpected client needs for emergency service as well as staffing pre-planned events. Online Application The hiring process starts with each candidate completing a detailed application in our online applicant tracking system. This starts the applicant’s process for consideration for employment with RPS. RPS recruiters will assess all relevant capabilities of an individual and determine how well the candidate meets the specifications for a specific assignment. Only 1 out of every 15 applicants is hired. This number is a testament to the fact that RPS attracts numerous applicants and can be selective when hiring new security officers and supervisors. RPS utilizes an online applicant tracking system accessible via an applicant’s personal computer or mobile device. Use of the online system helps RPS gauge an applicant’s ability to use the types of technology our security officers often utilize in the field. The applicant must demonstrate clear and accurate responses when completing the application and questionnaire. Once completed, the applicant will receive an automated e-mail letting them know their application was received and will be reviewed. Application Interview Questions & Assessment The application includes a questionnaire and assessment of work and leadership characteristics. The assessment is designed to reveal attitudes toward work ethic, customer service work, and the ability to work individually or as part of a team. This assessment helps RPS hiring managers determine if an applicant is a good fit for the position they are hiring for. Successful applicants are then selected to continue to the Interview phase. Interview Process To best determine an applicant’s suitability for employment, RPS has implemented a multi-step interview process, including: • Recruiter Review of Application and Telephone Interview: After the applicant has completed the online application form, an RPS Recruiter will review the application within 1 business day to find if there is a fit between RPS and the applicant. The application is also screened for any discrepancies or “red flags” such as poor work history or reliability issues. If the applicant seems to be a fit, the Recruiter will schedule and conduct a telephone or video interview depending on the applicant’s access to such technology. The telephone/ video interview includes a standardized set of questions, as well as job-specific questions for the applicant. Applicants successfully completing the telephone/ video interview will continue onto the Hiring Manager Interview. Exhibit A Packet Pg.146 Friday, July 1, 2022 Proposal for Security Services Page 15 • Hiring Manager Interview: The RPS hiring manager will conduct an interview with the applicant to learn more about the candidate’s qualifications and work experience. Due to the COVID-19 pandemic, RPS conducts in-person (social distancing) interviews. During the interview, the hiring manager will determine if the applicant meets the requirements, skills, and demeanor for the position. Applicants who successfully complete the hiring manager interview will be set-up for the Background Investigation, Drug Screen, and Onboarding Processes. • Client-optional Interview RPS offers all clients the opportunity to interview and approve any security officer or supervisor before placement on the account. The optional interview may be conducted by a city representative at the property or City office location. This interview is an important part in being client-centric and ensuring we collectively find the right applicant for each site. Applicants who successfully complete the hiring manager interview will be set-up for the Background Investigation, Drug Screen, and Onboarding Processes. During the interview process, the applicant’s language and communication skills are assessed. An applicant must be able to speak, read, and write proper English to proceed successfully through the RPS personnel selection process. Exhibit A Packet Pg.147 Friday, July 1, 2022 Proposal for Security Services Page 16 Screening & Background Check Process After the interview, a comprehensive background check is completed, including a check through a third- party screening service. The candidate’s information is checked against federal, state, and local criminal records databases, sex offender registries, and DMV records. RPS also verifies a candidate’s Social Security number and authorization to work in the United States using the Department of Homeland Security E- Verify system. Each candidate is required to meet or exceed all requirements set forth by the RPS standards and applicable state laws. Training & Work Verification RPS Recruiters verify all training and work history listed on the candidate’s application. Training is verified by obtaining copies of certificates or diplomas, or by contacting the issuing organizations. After verification of prior training and work experience, the candidate must successfully complete the required RPS training modules. Annual Verifications of Licenses RPS conducts annual verifications of all required security licenses for all security officers and supervisors. In addition, RPS will conduct an annual Motor Vehicle Record check through the Department of Motor Vehicles (DMV) for all security officers and supervisors assigned to driving positions. Drug Testing In compliance with the Drug-Free Workplace Act of 1988, RPS is committed to providing a safe and productive work environment free of illegal drugs. Alcohol and drug abuse in the workplace create a safety and security threat to the employees, clients, and facilities. RPS is committed to the elimination of illegal drug and alcohol use and abuse in the workplace. Candidates are required to pass a 10-panel drug screen for illegal drugs including cocaine, marijuana, PCP, amphetamines, opiates, benzodiazepines, barbiturates, methadone, propoxyphene, and Quaaludes. Exhibit A Packet Pg.148 Friday, July 1, 2022 Proposal for Security Services Page 17 RPS Uniforms RPS has a long-standing partnership with a full-service uniform leasing company. Through our uniform provider, RPS can provide our standard uniforms or create a customized uniform package to suit each client’s needs. Each security officer and supervisor are provided an ample supply of durable new uniform shirts, pants, and outerwear. Security officers are provided weekly laundering service, and repair or replacement of damaged garments at no additional charge to the employee. As part of each site inspection, RPS Quality Control Managers perform regular checks of each security officer’s uniforms to ensure a professional appearance. RPS’ standard hard uniform conveys a traditional and authoritative security presence and can be used both indoors and outdoors. The standard hard uniform consists of: • a black uniform jacket (type depending on work assignment), • dark grey uniform shirt (made of sturdy material), • black uniform trousers (may be substituted for BDU/ cargo-type pants), • a black tie (for use with long-sleeve shirts), • black socks and plain black shoes or duty boots. RPS’ standard concierge/soft uniform conveys a softer and more approachable look and is usually reserved for indoors assignments (i.e. building lobbies, security gatehouse, etc.). The standard concierge/ soft uniform consists of: • a black blazer jacket, • a white oxford-type shirt, • black slacks, • a dark red necktie (standard), or custom selection • black socks and plain black shoes Both standard uniforms project a clean and professional image. In addition to the standard uniforms, RPS has access to hundreds of custom uniform options to choose from. RPS will work with the City of San Bernardino management to select the most suitable uniform for the site. RPS believes a proper uniform selection is an important component when building an identity for the security program. Exhibit A Packet Pg.149 Friday, July 1, 2022 Proposal for Security Services Page 18 RPS Employee Benefits Program RPS has developed an industry-leading benefits package for our qualifying employees. The following is a list of the extensive benefits package provided to RPS employees. These benefits are offered to the employees at little or no cost (or matching contributions in the case of individual choices) through weekly payroll deductions. Benefit Type Selected Provider Coverage Medical Insurance HMO, hospitalization, emergency coverage and ambulance service, prescription drug coverage, home healthcare services (skilled nursing facility care and hospice care), durable medical equipment, outpatient service, allergy testing and injections, x- rays, vaccines, urgent care, wellness visits and routine physical exams, no claim forms, choice of primary care physician. Dental Insurance DHMO, choice of dentist and office, no claim forms, no charge for diagnostic services or preventive services (cleaning, x- rays), no charge for basic restorative services, filling and simple extractions, endodontic services, crowns, root canal, bridges covered with co-pay, oral surgery with co-pay. VSP Vision Plan Optional Vision Service Plan (VSP) for employees to cover costs of eye exams, glasses and contacts, and some corrective surgeries. Exhibit A Packet Pg.150 Friday, July 1, 2022 Proposal for Security Services Page 19 Additional Employee Benefits Benefit Type Coverage Holiday Pay Security officers and supervisors working during holidays are paid at a rate of one and one-half their normal pay rate. The 8 holidays covered include: • New Year’s Day • President’s Day • MLK Day • Memorial Day • Independence Day • Labor Day • Thanksgiving Day • Christmas Day Paid Vacation Security officers and supervisors receive paid vacation available for use after one year of service. Payroll Pay Card Security officers and supervisors without a current bank account have the option for a Netspend Skylight™ Visa® debit card to receive direct deposit pay each week. The program works just like a regular checking account with easy access. 401(k) Plan RPS will provide a 401(k) plan to qualifying employees and a matching contribution of up to 4%. Employee Performance & Incentive Programs RPS rewards high performance and has several performance-based incentive bonuses ranging from $25 - $500. Exhibit A Packet Pg.151 Friday, July 1, 2022 Proposal for Security Services Page 20 Employee Retention Programs Redwood Private Security was founded on the principle of recognizing our employees are our most valuable asset. Without quality, motivated employees, we cannot provide our clients with the service they deserve. One of RPS’ competitive advantages is a low turnover rate, which allows us to: • Maintain consistent staffing at client sites. • Maintain lower retraining costs • Avoid costly hiring expenses • Develop current staff • Promote from within This enables RPS to provide each client with a consistent team of experienced security officers who gain valuable institutional knowledge of the client’s site. The following philosophies enable RPS to maintain an unrivalled low employee turnover rate: Generous Compensation Package – RPS uses a tiered compensation structure based on extensive market salary research in order to retain and reward top performers. Comprehensive Benefits Package – RPS offers many benefits at low or no cost to the employees. This includes multiple medical plan options, dental plan options, a vision plan, matching 401(k) plan, and much more. Career Development Plan – RPS management provides every employee with a Career Development Plan as a roadmap to career advancement within the company. Internal Promotions – RPS actively recruits and promotes from within to fill vacant promotional opportunities. This motivates employees to perform at a high level and take initiatives to advance themselves and their careers. In-house Training – RPS’ has several in-house instructors certified in various training, which is offered to RPS employees at no charge. RPS has instructors in First Aid/ CPR/ AED, criminal law, report writing, Firearms, Axon TASER CEW, baton, pepper spray, handcuffing, defensive driving, patrol techniques, client service, and much more! Our extensive training platform gives employees the opportunity to develop their skills for their current and future roles at RPS. Longevity at RPS: •RPS strives to promote from within -1 out of 10 employees is promoted within the company. •Average time in the security field: 5 years. •75% of the RPS management team holds college degrees in security or related fields. •All RPS employees are provided with a career development plan. •All employees receive annual performance evaluations. Exhibit A Packet Pg.152 Friday, July 1, 2022 Proposal for Security Services Page 21 Employee Growth RPS is committed to the professional growth of all employees at all levels within the company. RPS has incorporated continuing education and growth initiatives into one of the company’s values. The RPS Training Plan includes several different components: Company orientation and Pre-assignment training Field Training (FTO)/ On-the-Job Training (OJT) Programs Post-specific training modules Re-certification/ Refresher training Career Development training programs Employee Career Development Plan The RPS Career Development Plan is an integral part of developing and retaining high-performing employees at all levels. Upon successful completion of an employee’s 90-day introductory period, their respective manager will create a Career Development Plan specific to that employee. The Career Development Plan takes into consideration the employee’s prior work history and career goals, and lays out a roadmap of how they can obtain career advancement with RPS. Performance Evaluation Program Each new RPS employee will receive a 90-day performance review for their work during their introductory period. The performance review will highlight the employee’s strengths and areas needing further development. The review is generated using feedback from their immediate supervisors, Quality Control Managers, and the client’s on-site management team. After the initial performance review, all employees will receive a performance review each year on the anniversary of their start date. Incentive Programs In order to recognize high-performing employees, RPS has implemented several performance awards for our employees. RPS has several awards to honor employees who perform above and beyond expectations, including: Security Officer of the Year Best Incident Response Client Service Excellence Excellence in Appearance Leadership Award Exhibit A Packet Pg.153 Friday, July 1, 2022 Proposal for Security Services Page 22 TRAINING New Hire Training Program Redwood Private Security is committed the highest standards and professional growth of every employee within the company. At RPS, training is an ongoing process. Each employee receives a Career Development Plan to guide them in their career goals. RPS’s objective is to deliver unmatched security services to each client. The first training for any new RPS employee is a thorough overview of the company policies and procedures, and philosophies. RPS’s training platform covers all aspects of security, including operations, customer service, and safety so all employees are well prepared for their duties. Additional personal development training allows each employee within the company to seek a career path that enhances their skills, goals, and job performance. Security Officer Training Outline The RPS Security Officer training program is part of the foundation of providing high quality security officers to each client. The following chart outlines the different training provided to RPS security officers: Training at RPS: •40 hours of initial onboarding and on-the-job training. •Dozens of different training modules offered to employees. •100% of our employees meet annual training requirements. •In-house certified instructors. •In-house First Aid, CPR, and AED certification training program. •Instructor-led classroom training. •Scenario-based training between teacher and student. Exhibit A Packet Pg.154 Friday, July 1, 2022 Proposal for Security Services Page 23 Additional Client and Site-specific Training Courses In addition to the above RPS training courses, RPS provides client and site-specific training as requested by our clients. The RPS team has provided the following training courses at various sites: ✓ American Red Cross® First Aid/ CPR/ AED & Bloodborne Pathogens Awareness for security & client employees ✓ Patrol Driver Training/ Defensive Driving ✓ Safariland Pepper Spray User certification training ✓ Axon TASER X26P Conducted Electrical Weapons (CEW) User certification & annual recertification ✓ FEMA Emergency Management Institute ICS courses ✓ Initial and ongoing firearm qualification and training Field Training Officer (FTO) Program/ On-the-Job Training RPS has developed a detailed Field Training Officer (FTO) program for each post. These field training programs are based on a thorough review of the job duties, client expectations, client policies, and security industry best practices. The initial site security assessment and contract documents are important in the development of the FTO program. Our comprehensive FTO program trains new officers in the following items: • Security officer responsibilities, job duties, and client and RPS expectations. • Proper use of site equipment and vehicles. • Handling and properly reporting incidents • Guard tours using the mobile guard tour system. • Other Site-specific Procedures (access control, parking and traffic control, handling emergencies). • Other client-requested tasks. The length of the FTO program varies depending on the site and required duties. Each RPS officer will receive FTO training administrated by a Training Officer who understands the ins and outs of the client’s site. At the conclusion of the training, both the Training Officer and the trainee must sign the FTO checklist indicating the subject material has been well-covered and understood by the trainee. Exhibit A Packet Pg.155 Friday, July 1, 2022 Proposal for Security Services Page 24 Types of Training Classroom Training Each RPS employee starts their training in a classroom or virtual setting (to comply with COVID-19 restrictions). The employees undergo a series of different instructor-led classes before being assigned to a site for Field Training. Scenario-based Training Scenario-based training involves real-life situations that are role-played between participants and outside role players. Scenario-based training is an important part in developing an employee’s comfort and confidence level when handling incidents. Client-specific Training RPS will train all staff assigned to a client’s site in accordance with the expectations set forth by the security assessment and related security protocol provided by the company. RPS develops an advanced training calendar for all sites. This training calendar highlights the training dates for the assigned security officers and the Training curriculum that will be taught each week. Officers use the calendar to stay on track in meeting pre- and post-assignment training for their work sites. Cross-training RPS trains numerous security officers, including Flex Security Officers on other locations in the case of emergency or need for additional officers at that location. The cross-training program allows RPS to respond quickly to a potential emergency. Learning other sites’ procedures also allows officers a chance to further enhance their skill sets. CPR and First Aid Training Security officers at RPS can receive CPR and First Aid training for adults and infants, as well as Automated External Defibrillator (AED) training. In-house certified trainers conduct these trainings in accordance with nationally accepted American Red Cross standards. Each individual who passes RPS’ CPR and First Aid training will receive a two-year American Red Cross certification. This training can also be made available for the client’s staff. Exhibit A Packet Pg.156 Friday, July 1, 2022 Proposal for Security Services Page 25 De-escalation Training Redwood Private Security maintains a staff of instructors in several disciplines of de-escalation training. This training, provided to our security officers in the field, enables those officers to successfully de-escalate situations, and thus prevents the need for use of force or police intervention. The training program is a key component of an effective workplace violence prevention plan. It teaches officers key topics, including: • How to recognize the assault cycle • How to legally defend yourself and others • How to survive an active shooter situation • How to create long lasting personal safety habits • How to avoid being a victim of crime and violence • How to create long lasting personal safety habits As a value-added benefit, this training will be made available to City of San Bernardino management and their employees should any wish to participate in a class. Exhibit A Packet Pg.157 Friday, July 1, 2022 Proposal for Security Services Page 26 Standards for Written Reports All Security officers are responsible for documenting their daily observations in formal Daily Activity Reports (DARs). DARs contain information about anything notable at the site, including patrols conducted, areas checked and/or secured, and any other item encountered while on-duty. Items such as suspicious persons, criminal activity, incidents, or facility maintenance issues will be noted in the DAR and also require an Incident Report to be created in the Lighthouse Guard Tour & Reporting System, or other process requested by the City of San Bernardino. RPS recognizes well-written and detailed reports build communication and trust with any client. These reports prove to be essential in any type of follow-up or investigation. The RPS Quality Control Managers will review DARs for accuracy and completion during site checks. On-site QCM inspections are logged in our WinTeam software, which clients may review at any time. Other types of reports are completed on an as-necessary basis (such as Incident Reports and Facility Maintenance). All RPS officers are trained to write accurate and detailed reports. Officers will complete the appropriate reports for each shift. Any officer who knowingly falsifies a report will be disciplined up to and including termination from employment. All security officers are fluent in English and able to communicate verbally as well as via the written report. Exhibit A Packet Pg.158 Friday, July 1, 2022 Proposal for Security Services Page 27 Lighthouse Guard Tour and Reporting System RPS uses the Lighthouse Guard Tour and Reporting System throughout the company. The Lighthouse Guard Tour and Reporting System encompasses fully customizable guard tour routes, Daily Activity Report generation and e-mail distribution, incident reporting, and facility maintenance reporting functions. Lighthouse is a web-based and application-based (for mobile devices, tablets, and smartphones) program making it easily deployable and extremely versatile. Lighthouse Guard Tour The Lighthouse Guard Tour program allows RPS management and City management to create a custom guard tour route for any sized site with one to an infinite number of checkpoints. Each checkpoint is created with an NFC (Near-Field Communication) tag that is scanned using a mobile device using the Lighthouse application. The guard tours are monitored by RPS management and City management remotely and via emailed reports to ensure required patrols are being conducted. Lighthouse Daily Activity Report (DAR) Generation In an effort to reduce paper usage, RPS implemented technology in place of paper throughout our operations wherever possible. The Lighthouse DAR entry allows security officers to make their DAR entries in the Lighthouse system. These DAR entries are then compiled into a completed DAR report and can be automatically e-mailed to City management on a daily, weekly, or monthly basis. This eliminates the need for paper reports that can become inadvertently destroyed or lost when needed most. Exhibit A Packet Pg.159 Friday, July 1, 2022 Proposal for Security Services Page 28 Incident Reporting The Lighthouse Incident Reporting function enables security officers to immediately create an Incident Report or Facility Maintenance Report from a desktop computer or mobile device. The Incident Reporting function is customizable to each site and includes location specifics such as site, individual suites, common areas, parking garage, etc. This customized location setup enables RPS and City management to pull reports specific to a particular area, timeframe, or incident type. With customized options on the initial system setup, the security officer sees an easy-to-use dropdown menu of pre-set options. This creates a quicker and easier method for the security officer to effectively report incidents. This allows the security officer to continue patrolling without having to stop and work through a cumbersome reporting program. The Lighthouse Incident Reporting function allows the security officer to capture photographs and short videos via the application, and/or upload photos, videos, and documents via the web portal as report attachments. This has proven to be an effective tool to manage the photographic and videographic evidence associated with security incidents. Lighthouse can be setup to send an e-mail of the incident report as soon as it is created by the security officer. This provides for quick and effective communication of all incidents to RPS and City management. Sample Lighthouse Incident Reporting Setup for Carousel Mall RPS management will work with City management to develop a custom setup for the property’s incident reporting system. Based on our previous experience, RPS management recommends a setup similar to the example shown below. Exhibit A Packet Pg.160 Friday, July 1, 2022 Proposal for Security Services Page 29 Sample Auto-Email & Incident Report Attachment Upon creation of an incident report, Lighthouse will be programmed to immediately notify the designated City of San Bernardino manager(s) and RPS management. The e-mail (similar to the one shown below) will include the Incident Report as a .pdf attachment. Exhibit A Packet Pg.161 Friday, July 1, 2022 Proposal for Security Services Page 30 Exhibit A Packet Pg.162 Friday, July 1, 2022 Proposal for Security Services Page 31 Exhibit A Packet Pg.163 Friday, July 1, 2022 Proposal for Security Services Page 32 Sample Auto-Email & Maintenance Report Attachment Upon creation of a Maintenance Report, Lighthouse will be programmed to immediately notify the designated City of San Bernardino manager(s) and RPS management. The e-mail (similar to the one shown below) will include the Maintenance Report as a .pdf attachment. Exhibit A Packet Pg.164 Friday, July 1, 2022 Proposal for Security Services Page 33 Exhibit A Packet Pg.165 Friday, July 1, 2022 Proposal for Security Services Page 34 Sample Auto-Email & Daily Activity Report (DAR) During each Security Officer’s shift, the officer will scan NFC tags as part of their routine patrols using the Lighthouse app on their company-issued smartphone. Upon the conclusion of each Security Officer’s shift, Lighthouse will lock and upload the data into RPS’ database. Lighthouse will be programmed to automatically e-mail the designated City of San Bernardino manager(s) and RPS management at a specific time each day. The e-mail (similar to the one shown below) will include the Activity Report, including a summary of any Incident or Maintenance Reports submitted as a .pdf attachment. Exhibit A Packet Pg.166 Friday, July 1, 2022 Proposal for Security Services Page 35 Exhibit A Packet Pg.167 Friday, July 1, 2022 Proposal for Security Services Page 36 FAMILIARITY WITH SECURITY INDUSTRY & PRACTICES Familiarity with Federal, State, and Local Regulations As a California company and employer, Redwood Private Security strictly adheres to all federal, state, and local regulations. RPS management regularly attends training with our legal and insurance partners regarding legal updates and case law affecting the industry and employers. Any laws or ruling change that may affect our services to a client are immediately communicated and discussed in advance of any potential issues. Quality Control Program for Security Personnel Our mission of providing the best security services requires a thorough self-evaluation of every business and service function, including security personnel. Redwood Private Security’s quality control plan is based on the ISO 9000 family of standards established by the International Organization for Standardization. ISO 9000 principles are developed from expert collective experience and knowledge. ISO 9000 principles provide a proven framework to guide organizations toward improved performance and operational excellence. Redwood Private Security will not make promises we can’t consistently deliver. Redwood Private security creates a customized and comprehensive set of Post Orders for each client site that addresses every aspect of safety and security. RPS commits to evaluating each site’s Post Orders on an annual basis at each location served. Exhibit A Packet Pg.168 Friday, July 1, 2022 Proposal for Security Services Page 37 Client Focus At Redwood Private Security, we understand client needs can change over time. RPS management and staff meet these evolving needs by using industry-leading technology and educated decision-making. Following our client-centric philosophy enables RPS to: • Understand that no two clients are exactly the same, and there’s no ‘One size, fits all’ approach to providing security services. • Quickly and effectively evaluate and understand each client’s needs and expectations. • Invest in additional company resources that enable us to better meet the needs of our clients. • Measure client experience and satisfaction and quickly respond to feedback with immediate solutions. • Develop client loyalty and earn new and repeat business. System Approach to Management When any part of a system is affected, the entire system can become compromised. RPS promotes a work culture of clarity, accountability, empowerment, and expectation of excellence, so problems are minimized. Redwood Private Security’s system approach to management includes the following advantages: • A flatter management structure and more cost-effective business operations means savings are realized by clients in the form of affordable bill-rates and a more responsive security partner. • Performance benchmarks that can be measured and continuously improved. • Consistency in service delivery and security workforce management. Ongoing Evaluation of Security Program Redwood Private Security prides itself in providing ongoing evaluation of your security program and threat elements that may affect your business. RPS management are active members in several professional, industry, and public safety organizations that continuously evaluate and disseminate threat info and best practices. These memberships ensure we maintain all our client security programs with the most-current best practices and threat info. Local Company, Local Support Redwood Private Security began our business as a San Bernardino-based company and will maintain a significant presence in the Inland Empire area. RPS employees never have to wait for decisions from an out-of-state executive team or support resources located in another state. RPS will continue to grow our business organically; with no intention of going through risky mergers or acquisitions, which can often cause anxiety among employees and clients as to the company’s direction and future. Our clients understand any challenge, big or small, can be quickly addressed by their locally based RPS executive or management team. Exhibit A Packet Pg.169 Friday, July 1, 2022 Proposal for Security Services Page 38 Workforce Management Software Redwood Private Security uses Team Software for our workforce management. This all-in-one system connects RPS’ workforce, Human Resource & Benefits functions, employee payroll, legal compliance, quality control, client invoicing, and accounting. From the moment a new employee is onboarded, our software cross-checks for proper licensing compliance, training standards, and quality controls. This helps us ensure we always fill posts with trained and qualified security officers. Our employee scheduling and timekeeping is centrally maintained in this web-based system, accessible to employees, schedulers, and managers at any time on their phone or computer. This ensures clarity and communication to ensure all posts are filled 100% of the time. Since timekeeping is directly tied to employee payroll within the software, our employees can count on an accurate paycheck on-time each week. Another major benefit to this system is the connection between employee payroll and client invoicing. RPS will never bill a client for hours not confirmed worked and paid to an employee first. This results in very accurate invoicing to all RPS clients! Exhibit A Packet Pg.170 Friday, July 1, 2022 Proposal for Security Services Page 39 Quality Control Manager Program The Quality Control Manager (QCM) program is a major component of Redwood Private Security’s proactive quality control process. Our QCM program sets us apart from other security providers by providing consistent supervisory checks at each client site. At many other security companies, supervisors only go to client sites in response to complaints, after a problem has occurred. Each RPS Area has locally- based managers who regularly visit client sites. This ensures a consistent service delivery, regular interaction with City management, and a visible leadership presence to the security officers. RPS security officers receive regular on-site inspections from a QCM and/or other RPS managers each day. QCM positions are staffed by experienced leaders who maintain daily contact with multiple sites and are qualified to evaluate security officer performance. Our attitude toward supervision is “Inspect what you expect.” RPS leadership has established clear expectations of the security officers, and thorough inspections ensure those expectations are met. Our quality assurance process centers on our proactive style of management. Hands-on management, ongoing training, regular client feedback, and corrective actions show our dedication to providing the most client-focused approach in the industry. Disciplinary Process: At times, informal coaching and counseling may not be enough, and more formal disciplinary actions may be necessary. The objectives of our disciplinary process are to: • Document any violation properly and in a timely manner. • Have a fair and consistent process applied equally for ALL employees. • Clearly communicate rules and expectations to the employee. • Ensure proper steps are followed when a violation occurs to mitigate repeat offenses. • Keep a clear paper trail for all employees and their performance. The disciplinary process starts with an employee committing a violation that requires disciplinary action. This includes but is not limited to acting contradictory to: ✓ RPS Policies and Procedures Manual ✓ RPS Injury and Illness Prevention Program ✓ COVID-19 Prevention Plan ✓ City of San Bernardino management/ Site Post Orders Client Site Inspections: •Visiting QCMs work to: o Prevent potential problems. o Support on-site staff. o Assist during incidents. •QCM visits vary from day to day to eliminate predictability. •When visiting a site, QCMs: o Evaluate officers’ physical appearance and equipment. o Ensure officers are conducting all required duties as outlined in the Post Orders. o Make note of any oversights of issues not mentioned in the DAR. •RPS QCMs or managers may also meet with client representatives. Exhibit A Packet Pg.171 Friday, July 1, 2022 Proposal for Security Services Page 40 RPS believes it is important to counsel the disciplined employee in order to educate and prevent the same violation(s) from reoccurring. Any steps taken to accommodate or corrective actions in the future will be included in the warning. Counseling includes training for the employee and instructions on how to complete their job function along with what the expectations are. RPS reserves the right to circumvent this procedure at any time depending on the severity of an incident. This procedure does not alter the at-will nature of employment at RPS. City of San Bernardino management will reserve the right to request the immediate removal of any security officer or supervisor that is deemed to not be a good fit for the City/ Carousel Mall. Introductory Period for New Employees After completing a thorough screening and hiring process, new security officers and supervisors are closely evaluated during their first 90 days of work. All new employees will receive a detailed, written 90 -day performance evaluation at the conclusion of their introductory period. Action Plan for City of San Bernardino at Carousel Mall Upon award of a contract for Security services, RPS management will conduct a thorough site security survey. This assessment will include a survey of the physical condition of security features such as doors, gates, lighting, access control systems, and any CCTV systems or other security technology. The overall assessment will also analyze any available incident data received from both City management and publicly available info. RPS management will provide City management with a confidential report outlining any vulnerabilities discovered and options for solutions to address each issue. Upon starting services, RPS management will proactively monitor activity at Carousel Mall and ensure the current deployment of security officers and patrols are efficient to counter unwanted activity. Security officers will thoroughly document and communicate all incidents involving outside individuals, tenants and their visitors or vendors, investigate incidents, and resolve issues while on duty. This will enable City management to quickly take appropriate steps. Security officers will assist City management with parking matters and assist with addressing violations as needed. All violations will be documented in the Lighthouse system and communicated by e-mail. RPS management will regularly meet with City management to exchange information and ensure the security team is operating as effectively as possible in deterring unwanted activity. Exhibit A Packet Pg.172 Friday, July 1, 2022 Proposal for Security Services Page 41 Transition Plan The Redwood Private Security team is highly experienced in transitioning into new clients of all sizes from one employee to hundreds of employees. New client transitions include: A dedicated transition team consisting of member from our management and support teams. A detailed written Transition Timeline shared with the client representative and updated regularly. Detailed plan for acquiring necessary uniforms, equipment and vehicles before the contract start. Detailed plan for onboarding and training employees to RPS standards. Regular update meetings with City management to keep everyone informed of progress and any potential challenges. Our goal at RPS is to make your transition to our services as seamless as possible! Exhibit A Packet Pg.173 Friday, July 1, 2022 Proposal for Security Services Page 42 VALUE-ADDED SERVICES Value-added services are the additional services we provide to augment each client’s business operations. Redwood Private Security provides several value-added services to all our clients. Upon signing a contract with RPS, we will conduct a site security assessment to identify threats, risks, and vulnerabilities, along with recommendations for security improvements. RPS’s Quality Control Manager program benefits all clients by providing quality assurance checks to ensure consistency and quality service. RPS’s investment in technology means we continuously implement and explore new technology to serve as ‘force multipliers’ and create cost-savings to our clients. Customizable Uniforms & Vehicles RPS recognizes no two clients are the same. Many clients pride themselves in a unique branding and we believe their security team should reflect the same. Through our uniform vendor, RPS can acquire various types of uniforms, in many colors, and can handle custom patches or embroidery. RPS has partnerships with various vehicle decal and vehicle wrap vendors to create a custom look that represents the City’s image in a professional manner. It is essential all RPS officers present a professional image in their uniforms and appearance as they represent RPS and the City of San Bernardino. A professional-looking security officer provides an effective deterrent to criminal and other prohibited activity. Optional Alternative Vehicles As another option for the City of San Bernardino, Redwood Private Security can provide alternative patrol vehicles for security officers to conduct their rounds. RPS can provide bicycles, electric, gas, or diesel- powered carts, and utility vehicles as needed. Exhibit A Packet Pg.174 Monday, July 11, 2022 Proposal for Security Services Page 43 PROPOSAL PRICING Redwood Private Security proposes the following billing options for the City of San Bernardino/ Carousel  Mall for calendar year 2022 (July 2022 – December 2022).     Monthly billing, Net 30 Terms (1 officer) Regular Hourly      Billing Rate  OT / Holiday        Billing Rate  Armed Security Officer – Day Shift 1 Officer (daily)   $32.88 $49.32 Armed Security Officer – Swing Shift 2 Officers (daily)   Armed Security Officer – Grave Shift 2 Officers (daily)   Marked Security Patrol Vehicle Included  Average Monthly $39,785    Above Pricing Includes:   A competitive wage to attract and retain high quality security officers.   Marked security patrol vehicle dedicated to Carousel Mall, equipped with Nexar HD dash camera and  Samsara vehicle GPS.   Medical, dental and vision insurance options for full‐time employees   Paid Sick Leave & CA paid supplemental COVID Leave   RPS uniforms (7 shirts, 5 pr. Pants) with free weekly cleaning service   Site smartphone with Lighthouse tour system. Number will be provided to City of San Bernardino  management for use by management to reach security.    Foul weather gear (cold weather jacket, raincoat, etc.)   CA required Initial & Annual Refresher Training   Account management & supervision    Exhibit A Packet Pg.175 Monday, July 11, 2022 Proposal for Security Services Page 44 Proposed Duties:   Patrol the Carousel Mall property by vehicle and foot 24 hours/ day, 7 days/ week to deter and detect  unauthorized activity, including trespassing, burglary, vandalism, public intoxication, and illegal  camping.   Redwood Private Security will liaison and work with San Bernardino Police on the best method to  address unauthorized individuals encountered on the property.   Security officers will patrol the approximately 120 various points of entry into the Carousel Mall  buildings and check that entry points are secure.   Security officers will patrol and monitor the exterior parking lot areas to deter and detect unlawful  entry onto the property.   Security officers will scan NFC (near field communication) tags placed throughout the property to  document patrols and ensure critical locations are checked consistently. We recommend using about  15 NFC tags to start and can add more if requested by the City.   Security officers will be available to escort any City employees or authorized vendors on or inside  Carousel Mall property as requested.   Security officers will conduct an interior sweep of the Carousel Mall building three times per day  between 4pm and 8am.   Daily reports of NFC guard tour scans completed will be automatically e‐mailed to designated City  officials each morning.   Incident and non‐emergency maintenance reports will be automatically e‐mailed to designated City  officials as they are created by the security officers. Emergency incidents will be reported via  telephone contact and written incident report.   Redwood Private Security management will continuously monitor activity at the Carousel Mall  property and communicate recommendations to the designated City officers.  Exhibit A Packet Pg.176 Monday, July 11, 2022 Proposal for Security Services Page 45 REDWOOD PRIVATE SECURITY: THE LOGICAL CHOICE FOR THE CITY OF SAN BERNARDINO Redwood Private Security has a number of advantages making us the ideal choice for the City of San  Bernardino. These advantages have been developed over years of diverse, collective experience and show  how we will exceed your expectations.    Experienced Local Management Team – The RPS team has decades of experience providing  a high‐quality security service to all types of clients, including the City offices in Vanir Tower  Building. As a local company, the RPS management and executive teams are readily  available to support the City of San Bernardino. You will have direct access to upper  management without cumbersome layers of bureaucracy.  Experience at with similar Projects – The RPS team has many years of experience  successfully providing security services for government, large complexes, commercial, and  high‐rise through several building owners and management companies.  Redwood’s Unmatched Training – RPS has developed unmatched training programs to  train officers to perform at their best. Employees go through extensive pre‐service training  and have access to career‐long training.  Outstanding Employee Benefits Program – RPS offers high‐quality medical and 401(k)  options for qualifying employees and their families. These comprehensive benefits help RPS  retain good officers for better quality and workforce stability.   Cultural Sensitivity – RPS is a particularly diverse company, employing people from a range  of different backgrounds and cultures. With a corporate focus on hiring a diverse  workforce, we’ve developed a high level of cultural sensitivity.    Client‐Centric Focus – At RPS, we are client‐ and employee‐centric; we take care of people.  RPS focuses our efforts on your individual security program and the officers that serve you.    We hope after you and your team have evaluated our proposal, you will find Redwood Private Security  to be the best partner for your security needs.   We thank you for the opportunity to provide your team with this proposal and look forward to hearing  from you soon!  The Redwood Private Security Team Exhibit A Packet Pg.177 3 3 8 DISCUSSION City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community & Economic Development (CED) Subject:San Bernardino Active Transportation Plan (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the San Bernardino Active Transportation Plan (Attachment 1). Background The City of San Bernardino was successfully awarded a grant from the Southern California Association of Governments (SCAG) for the preparation of the San Bernardino Active Transportation Plan (San Bernardino ATP). Using these funds, the City awarded a consultant contract to the KOA Corporation (KOA) for professional transportation planning services to support the development of the San Bernardino ATP project in 2019. In 2020, SCAG entered into a professional services agreement with KOA for the purposes of creating the San Bernardino ATP as part of SCAG’s Sustainability Program. Furthermore, in November 2020 the project team had a kick- off meeting to begin planning efforts for the San Bernardino ATP. On May 10, 2022, by a unanimous vote, the Planning Commission approved the forwarding of the recommendation that the Mayor and City Council approve the San Bernardino Active Transportation Plan. Discussion The purpose of the San Bernardino ATP is to provide a clear and comprehensive framework for future projects to improve mobility and accessibility for the residents of Packet Pg.178 3 3 8 San Bernardino and the general public. The San Bernardino ATP provides localized recommendations that support many regional and statewide planning efforts which include Active San Bernardino, San Bernardino Non-Motorized Transportation Plan, San Bernardino Safe Routes to School (Phases I and II), San Bernardino Points of Interest Pedestrian Plan, Connect SoCal, and California Transportation Plan (CTP) 2050. The plan also addresses specific issues related to bicycle elements, pedestrian elements, Safe Routes to School, and connections to public transit. Improving conditions for walking and bicycling within the City will provide residents with greater access to jobs, goods, and services without the use of an automobile. Increasing the percentage of trips made by bicycling and walking will help reduce overall Vehicle Miles Traveled (VMT) and Green House Gas Emissions (GHG). Ultimately, the San Bernardino ATP will become a part of the Circulation Element of the City’s Comprehensive General Plan Update. The San Bernardino ATP is a planning tool that helps the City and will supplement and enhance SCAG’s Regional Active Transportation Plan by providing a detailed localized plan that advances the vision of identifying biking/walking strategies and projects that are specific to this region. In support of this vision, the San Bernardino ATP was developed with the following five (5) goals: Connectivity: Improve the walkability and bikeability of the City of San Bernardino by creating a local network of connected bicycle and pedestrian facilities. Local Access and Mobility: Provide the City of San Bernardino residents greater access to transit, jobs, goods, services, schools, and parks without the need to drive a car. Safety: Improve the overall safety of people walking, biking, and riding public transportation in the City of San Bernardino through infrastructure and programming strategies. Health and Environment: Prioritize strategies that will improve public health conditions and reduce the impacts of driving on the environment in the City of San Bernardino. Funding: Provide strategies to fund infrastructure and non-infrastructure programs that support Plan recommendations. The San Bernardino ATP is comprised of seven (7) chapters, and it is supported by six (6) appendices as a result of more than one and a half years of planning, community outreach, research and analysis, recommendations development, and report preparation to better understand the needs of the community. The San Bernardino ATP includes recommendations for new policies, processes, and infrastructure based on public and stakeholder input. Project Branding and Identity The project team created a logo and branding style that allowed the San Bernardino ATP to be easily identifiable to establish a project identity which was used across all project communication materials including the San Bernardino ATP dedicated website. Packet Pg.179 3 3 8 Project communications and outreach content were developed to inform community members about opportunities to provide input for the San Bernardino ATP. Communication materials were distributed to target audiences through a variety of channels, including a dedicated project webpage: http://bit.ly/SanBernardinoATP, the City’s social media accounts and newsletters, and email list serves. The dedicated project website was created as a critical component of the public participation program, providing one of the primary communication channels for the community in making recommendations to the project team on the San Bernardino ATP. Community Outreach Engagement A robust outreach effort was put in place in the development of the San Bernardino ATP, which included community outreach and stakeholder engagement with materials made available in both English and Spanish to be inclusive of the community. The community engagement events and activities are further described below and were conducted in two (2) phases. Phase 1 - Initial Input focused on listening to community members on their active transportation-related concerns and needs. The engagement strategies used included virtual focus area sessions, Technical Advisory Committee (TAC) meetings, community events, project survey, and online mapping tool. Phase 2 - Community-Decision Making and Engagement allowed community members to help prioritize corridors and provide feedback on draft recommendations by participating in community events, stakeholder focus groups, focus group interviews, and TAC meetings. Phase 1 – Initial Input A Technical Advisory Committee (TAC) was convened to guide the San Bernardino ATP development and provide input on project milestones. The TAC was comprised of fourteen (14) regional agency representatives, key stakeholders, community representatives, and city staff. A total of nine (9) virtual meetings were conducted throughout the course of the project development. The project team gathered further input through four (4) virtual focus area sessions as a part of the first phase of the engagement process. The sessions focused on fifteen (15) areas across the City. At the events, participants had opportunities to evaluate existing conditions and provide comments and concerns regarding active transportation infrastructure. Focus group interviews were conducted with key stakeholders in the San Bernardino community. Stakeholders included local and regional agencies, community advocacy groups, faith-based organizations, school representatives, health organizations, and bicycle/pedestrian advocates. Between June 2021 and March 2022, the general public, stakeholders, and greater San Bernardino community had opportunities to provide input for the project at five (5) community events: San Bernardino Food Fest, Southern California Mountains Packet Pg.180 3 3 8 Foundation Joint Community Meeting, Rendezvous Back to Route 66, Veterans Day Parade and Salute, San Bernardino Arts Fest which included a Kit of Parts Activation “Go Human” event. At each community event, the project team set up different activities to engage with the participants. Examples of the activities included: comment cards, display boards, survey collection, roundtable discussions, hand tally votes, live demonstrations, and children's activities. In addition to the direct engagement opportunities, virtual engagement tools were made available through the San Bernardino ATP dedicated website. A project survey was administered to gain insights on walking and biking behavior as well as preferences among community members in the city. The survey was conducted between February and July 2021 through the project website. It was available in both English and Spanish to allow participation from the City’s large Spanish- speaking population. Collectively, 64 surveys were received, 63 in English and 1 in Spanish. Furthermore, an online interactive mapping tool was developed for community participants to identify active transportation-related concerns in specific areas of the city. Pre-set comments were made available to encourage participants to provide comments. The online interactive mapping tool received a total of 234 comments. Phase 2 – Community -Decision Making and Engagement A qualitative analysis was conducted with the comments gathered in the outreach efforts to identify common concerns/themes shared across the community. The analysis was focused on location-based comments to identify potential infrastructure recommendations that could address community concerns. Community members provided a total of 500 location-specific comments. Of these comments, 303 pertained to corridors and 197 pertained to intersections or destinations. In summary a total of seven (7) corridors and eight (8) intersections or destinations were identified with the greatest number of comments. The comments provided by the community members fell into six major themes which are: biking-related infrastructure (most popular) followed by walking-related infrastructure, other roadway infrastructure, roadway characteristics, motorist and pedestrian behavior, and other themes which include specific improvement suggestions, destination transit related, and non-transportation related comments which include social issues. After hearing from the community and analyzing all the existing data, the process resulted in a set of strategy recommendations that will help advance the vision of building a more walkable and bikeable future in the City, creating an active transportation network, and addressing local and regional connectivity through infrastructure and non-infrastructure improvements. The strategy recommendations for the City could be included in the policy framework for the forthcoming Circulation Element to the Comprehensive General Plan Update. The strategies help support the five (5) main goals that help shape the San Bernardino ATP. The strategies include infrastructure and non-infrastructure related Packet Pg.181 3 3 8 improvements such as community engagement and activities to educate the community and continue the momentum of this planning process. Through the San Bernardino ATP, priority project factsheets were prepared for the top seven (7) corridors with detailed descriptions of the improvements, implementation approaches, funding availability and project cost and time estimates. These fact sheets will place the City of San Bernardino in competitive advantage when grant opportunities present themselves. Finally, the San Bernardino ATP is a planning document which the City can use to select a project or group of projects in an area for further development. Since the recommendations in this San Bernardino ATP are at the planning level and conceptual, they are not binding and can be modified through the design process. Furthermore, the City is not committed to physically implement any of the recommendations in the Plan; rather this Plan serves as guidance for the prioritization and potential future development of active transportation related projects. Having this San Bernardino ATP also helps the City prepare for competitive active transportation related grant applications. 2021-2025 Strategic Targets and Goals The San Bernardino Active Transportation Plan aligns with Key Target No. 3: Improved Quality of Life by constantly evaluating public transportation alternatives to enhance the quality of cycling and pedestrian modes, to guide future transit related projects, and apply for possible funding opportunities. Fiscal Impact There is no fiscal impact to the City’s General Fund as a result of this action. However, the adoption of the Active Transportation Plan is an important step in the City’s ability to receive future grant funding associated with the identified projects within the plan. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the San Bernardino Active Transportation Plan. Attachments Attachment 1 San Bernardino Active Transportation Plan Attachment 2 Appendix A. Plan and Policy Review Attachment 3 Appendix B. Virtual Focus Area Sessions Attachment 4 Appendix C. Focus Group Interview Summaries Attachment 5 Appendix D. Outreach Event Summaries Attachment 6 Appendix E. Existing Conditions Analysis Full Report Attachment 7 Appendix F. Design Guidelines Attachment 8 Appendix G. Ranked Corridor List Attachment 9 Appendix H. Screenline Counts Attachment 10 Power Point Presentation Ward: All Wards Synopsis of Previous Council Actions: None Packet Pg.182 July 2022&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;183 This plan was funded by a grant from the Southern California Association of Governments (SCAG).Mayor and City CouncilJohn Valdivia, Mayor Juan Figueroa, Mayor Pro-TemSandra IbarraTheodore SanchezFred ShorettBen ReynosoKimberly CalvinDamon L. AlexanderPlanning CommissionMonique Y. GuerreroAmelia S. LopezElizabeth SanchezLarry R. QuielJesus F. FloresDolores ArmsteadRonnie E. Lewis IIIHarmoni A. MoralesCity of San Bernardino StaffRobert D. Field, City ManagerEdelia Eveland, Assistant City ManagerNathan R. Freeman, Agency Director of Community, Housing, and Economic DevelopmentDaniel Hernandez, Agency Director of Public Works, Operations, and MaintenanceAlex Qishta, Deputy Director of Public Works/City EngineerOliver Mujica, Planning ManagerHarald Luna, Senior PlannerAzzam Jabsheh, Traffic EngineerStephanie Sanchez, Economic Development SpecialistMatt Torrence, GIS AdministratorTechnical Advisory CommitteeAlex QishtaAzzam JabshehMitch AssummaAnna JaiswalAubrey SmithJosh LeeMark FriisDr. Kimberly CollinsMarven E. NormanReyna Baeza-OregelRena TangRonnie EscobarDr. Raymond CarlosVicki FordSouthern California Association of Governments (SCAG)Cory WilkersonDorothy Le SuchkovaHannah KeyesConsultant TeamKOA Corporation, Prime ConsultantLeslie Scott ConsultingAcknowledgment&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;184 Table of ContentsChapter 1: IntroductionChapter 4: Policy RecommendationsChapter 5: Infrastructure ToolboxChapter 6: Infrastructure ProjectsChapter 2: Community Engagement Chapter 7: Implementation StrategyAppendicesChapter 3: Existing Conditions1.1 Purpose of Plan 21.2 About the City of San Bernardino 21.3 Planning Context and Background 41.4 Plan Development Process 41.5 Organization of the Plan 4Appendix A Plan and Policy ReviewAppendix B Virtual Focus Area Sesson SummariesAppendix C Focus Group SummariesAppendix D Outreach Event SummariesAppendix E Existing Conditions Analysis: Full ReportAppendix F Design Guidelines Appendix G Ranked Corridors ListAppendix H Screenline Counts2.1 Introduction 82.2 Public Outreach and Information Sharing 102.3 Technical Advisory Committee 102.4 Virtual Focus Area Sessions 112.5 Stakeholder Focus Groups 112.6 Community Events 132.7 Community Feedback and Input Tools 162.8 Community Input Findings 173.1 Introduction 243.2 Pedestrian and Bicyclist-Involved Collisions 263.3 Health 303.4 Environment and Infrastructure 323.5 Project Survey Findings 394.1 Introduction 444.2 Goals and Strategies 445.1 Introduction 585.2 Bikeways 635.3 Pedestrian Realm 645.4 Roadway Treatments 675.5 Intersection and Crossing Treatments 695.6 Placemaking 746.1 Introduction 786.2 Active Transportation Network 786.3 Priority Project Factsheets 987.1 Introduction 1267.2 Corridor Prioritization 1277.3 Funding Opportunities 1297.4 Project Cost and Time 1357.5 Project Selection Tree 136&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;185 List of FiguresFigure 1-1. City Council ward map 3Figure 1-2. Plan development process 5Figure 2-1. Project logo 10Figure 2-2. Online mapping tool with comments 16Figure 2-3. Locations of comments received 18Figure 3-1. Pedestrian-involved collision hotspots in San Bernardino 28Figure 3-2. Bicyclist-involved collision hotspots in San Bernardino 29Figure 3-3. Disadvantaged communities in San Bernardino 31Figure 3-4. City of San Bernardino General Plan land uses 33Figure 3-5. Existing bikeway facilities in San Bernardino 35Figure 3-6. Existing sidewalks in San Bernardino 37Figure 3-7. Omnitrans transit routes in San Bernardino 38Figure 5-1. Categories of facilities in the infrastructure toolbox 59Figure 6-1. Active Transportation Network 80Figure 6-2. Bicycle Network 81&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;186 List of TablesTable 2-1. Virtual focus area sessions 12Table 2-2. Focus group interviews 12Table 2-3. Comparison between walking and biking-related comments 20Table 2-4. Themes from comments received 21Table 3-1. Data collected and analyzed 24Table 3-2. Summary pedestrian and bicycle collision injuries 27Table 3-3. Sidewalk Length in the City of San Bernardino 36Table 5-1. Summary of Infrastructure Treatments 60Table 6-1. Summary of Active Transportation Network 79Table 6-2. Summary of Bicycle Network 79Table 6-3. ATN and Bicycle Network corridors 82Table 7-1. Corridor ranking criteria 127Table 7-2. Top 20 highest ranking corridors list 128Table 7-3. Active Transportation Infrastructure Cost and Time Continuum 135&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;187 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;188 01Introduction&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;189 CITY OF SAN BERNARDINO Active Transportation Plan2 The San Bernardino Active Transportation Plan (San Bernardino ATP), also known as the "Plan", is a planning tool that helps the City of San Bernardino advance the vision of building a more walkable and bikeable future. In support of this vision, the Plan has five goals: • Connectivity: Improve the walkability and bikeability of the City of San Bernardino by creating a local network of connected bicycle and pedestrian facilities. • Local Access & Mobility: Provide the City of San Bernardino residents greater access to transit, jobs, goods, services, schools, and parks without the need to drive a car.• Safety: Improve the overall safety of people walking, biking, and riding public transportation in the City of San Bernardino through infrastructure and programming strategies.• Health & Environment: Prioritize strategies that will improve public health conditions and reduce the impacts of driving on the environment in the City of San Bernardino. • Funding: Provide strategies to fund infrastructure and non-infrastructure programs that support Plan recommendations. 1.1 PURPOSE OF PLAN 1.2 ABOUT THE CITY OF SAN BERNARDINOAccording to the 2020 American Community Survey Five Year Estimates, the City of San Bernardino had a population of 216,000 residents. The Median Household Income (MHHI) in the city was $49,287, which is below the countywide median of $65,761. A majority (56%) of the city’s population was younger than 35 years old, and around 32% were 19 years of age or younger. A large percentage of households had limited English capabilities.The city is located approximately 60 miles east of Los Angeles in San Bernardino County, in a region known as the “Inland Empire”. It lies in the San Bernardino foothills and the eastern portion of the San Bernardino Valley. Other major geographical features include Lytle Creek and the Santa Ana River, which forms part of the city's southern border.The City has a variety of infrastructure facilities that support many modes of transportation. Pedestrian and bicycle infrastructure such as sidewalks, crosswalks, and bike lanes are available. Freeways such as Interstate 215 (I-215), Interstate 10 (I-10) and State Route 210 (SR-210) provide vehicular connectivity; meanwhile, the city’s railroad infrastructure and distribution centers have made San Bernardino a major hub for rail and freight. Figure 1-1. City Council ward map shows the geographic location of the city in relationship to the City’s wards. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;190 CHAPTER 1 Introduction3Figure 1-1. City Council ward map/HJHQGVW:DUGQG:DUGUG:DUGWK:DUGWK:DUGWK:DUGWK:DUG&LW\%RXQGDU\ó0LOHVVW:DUGQG:DUGUG:DUGWK:DUGWK:DUGWK:DUGWK:DUG&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;191 CITY OF SAN BERNARDINO Active Transportation Plan4The Plan builds upon and supports many local and regional planning efforts. LOCAL PLANNING EFFORTSThe City has two planning projects that are occurring concurrently with the San Bernardino ATP. At the time of writing, the City has embarked on efforts to update the General Plan, which was last updated in 2005, and to develop a Downtown Specific Plan. Completed planning documents that are relevant to the SBATP include the Waterman + Baseline Neighborhood Specific Plan and the University District Specific Plan.REGIONAL AND STATEWIDE PLANNING EFFORTSThe San Bernardino ATP provides localized recommendations that support many regional and statewide planning efforts. These include, but are not limited to, Active San Bernardino, San Bernardino Non-Motorized Transportation Plan, San Bernardino Safe Routes to School (Phases I & II), San Bernardino Points of Interest Pedestrian Plan, Connect SoCal, and California Transportation Plan (CTP) 2050. Appendix A: Plan and Policy Review contains more details about the body of work that forms the planning context for the Plan. The San Bernardino ATP is a result of more than one and a half years of planning, community outreach, research and analysis, recommendations development, and report preparation. Planning efforts began in November 2020. Since then, the COVID-19 pandemic presented many challenges for the development of the Plan, with community engagement being the most challenging component. Figure 1-2. Plan Development Process provides an illustration of the process. The Plan is comprised of seven chapters and it is supported by six appendices. Following this chapter, Chapter: 2 Community Engagement offers a summary of the outreach efforts that were conducted to gather input from community members. Chapter 3: Existing Conditions provides a discussion of existing conditions in the city that pertain to active transportation, while Chapters 4-6 contain policy and infrastructure recommendations that help advance the vision for active transportation. Lastly, Chapter 7: Implementation Strategy demonstrates how the Plan could be implemented and lists potential sources to fund the Plan. 1.3 PLANNING CONTEXT AND BACKGROUND1.4 PLAN DEVELOPMENT PROCESS1.5 ORGANIZATION OF THE PLAN&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;192 CHAPTER 1 Introduction5Corridor Identifi cation, Selection & PrioritizationCommunity Outreach and EngagementExisting Conditions AnalysesRecommendations & Cost EstimatesImplementation StrategiesProject Kick-Off(Fall 2020)(Spring 2022)Figure 1-2. Plan development process&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;193 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;194 02Community Engagement&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;195 CITY OF SAN BERNARDINO Active Transportation Plan8 Community engagement was an important component of the planning process in the development of the San Bernardino ATP. The effort afforded community members with opportunities to connect with the project team and provide input on the project. An important component of the engagement effort was to build off the momentum of other planning efforts, such as the General Plan update and the Downtown Specific Plan. Community members could participate in a mixture of synchronous and asynchronous engagement formats. Synchronous engagement allows participants to have discussions in real-time, whereas asynchronous engagement could occur at any time and without simultaneous interaction with other members.The range of engagement opportunities included:• Technical Advisory Committee• Virtual focus area sessions• Focus group interviews• Community events• Project survey• Online mapping tool Through the community engagement effort, the project team connected with community members through:• 4 virtual focus area sessions• 4 community events• 3 focus group interviews• 9 Technical Advisory Committee meetings • 1 neighborhood association committee meetingCombined with the comments received through the project survey and online mapping tool, the project team received more than 500 comments. TARGET AUDIENCESThe community engagement effort focused on three primary audiences: Technical Advisory Committee (TAC), key stakeholders, and the general public/San Bernardino community. • General Public/San Bernardino Community: community members from the City. • Technical Advisory Committee (TAC): regional agency representatives, key stakeholders, community representatives, and city staff. • Key Stakeholders: businesses, faith-based institutions, non-profits, and other organizations that have a vested interest in the City’s active transportation efforts. 2.1 INTRODUCTION&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;196 CHAPTER 2 Community Engagement9COMMUNITY ENGAGEMENT TIMELINE The community engagement effort was conducted in two phases: Phase 1 – Initial Input and Phase 2 – Community-Decision Making & Engagement. Phase 1 – Initial Input (February to August)The first phase focused on listening to community members on their active transportation-related concerns and needs. Engagement strategies used included:• Virtual focus area sessions• Technical Advisory Committee Meetings• Community events • Project survey• Online mapping toolPhase 2 – Community-Decision Making & Engagement (September to March)The second phase allowed community members to help prioritize corridors and provide feedback on draft recommendations. Community members participated in this phase through the following activities:• Community events• Stakeholder focus groups• Focus group interviews• Technical Advisory Committee Meetings&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;197 CITY OF SAN BERNARDINO Active Transportation Plan10Several strategies were employed to inform the San Bernardino community about opportunities to participate in the planning effort. These included developing a project brand and identity, as well as working collaboratively with the City’s communications team to deliver the information through various communication channels, including a personalized project website (Bit.ly/SanBernardinoATP).PROJECT BRANDING AND IDENTITYThe project team developed a logo and branding style to establish a project identity (Figure 2-1). The logo and branding style were used across all project communication materials. The logo took inspiration from the City’s logo, maintained a similar color palette, and incorporated elements of the City’s landscape and culture.COMMUNICATION CHANNELS & OUTREACH CAMPAIGNProject communications and outreach content were developed to inform community members about opportunities to provide input for the SBATP. Communication materials were distributed to target audiences through a variety of channels, including a dedicated project webpage, social media through the City’s accounts, city newsletters, and more. 2.2 PUBLIC OUTREACH AND INFORMATION SHARING2.3 TECHNICAL ADVISORY COMMITTEEThe project team convened a Technical Advisory Committee (TAC) to guide the plan development and provide input on project milestones. The TAC was comprised of 14 regional agency representatives, key stakeholders, community representatives, and city staff from other departments. A total of nine (9) meetings were conducted throughout the course of the project. Due to the safety impacts of the COVID-19 pandemic, all TAC meetings were held virtually through videoconferencing. Figure 2-1. Project logo&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;198 CHAPTER 2 Community Engagement11The project team gathered input through 4 virtual focus area sessions as a part of the first phase of the engagement process. The sessions focused on 15 areas across the City, and they were held in mid-May, and they were conducted in a virtual format, due to the COVID-19 pandemic. At the events, participants had opportunities to evaluate existing conditions and to provide comments and concerns regarding active transportation infrastructure. Table 2-1 provides a summary of each virtual focus area session while Appendix B: Virtual Focus Area Sessions Summaries offers more detail about each session.2.4 VIRTUAL FOCUS AREA SESSIONS2.5 STAKEHOLDER FOCUS GROUPSFocus group interviews were conducted with key stakeholders in the San Bernardino community. Stakeholders included local and regional agencies, community advocacy groups, faith-based organizations, health organizations, and many more. The interviews over a two day period in November 2021. Appendix C: Focus Group Interview Summaries, provides a summary of the findings from the interviews. Table 2-2 details the focus group interview dates and group stakeholders.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;199 CITY OF SAN BERNARDINO Active Transportation Plan12Table 2-1. Virtual focus area sessionsTable 2-2. Focus group interviewsFocus Area Session #Event Date Focus Areas1 Tuesday, May 18, 20215:30pm - 7pm ºVerdemont Park ºCesar Chavez Middle School ºCSUSB University Village ºNorth Sierra Way & West 40th Street2 Wednesday, May 19, 202111am - 12:30pm ºArrowview Middle School ºPerris Hill Park & E Highland Avenue3 Wednesday, May 26, 20215pm - 6:30pm ºWaterman Ave Shopping Center ºNeal Roberts Elementary ºIndian Springs High School ºAbraham Lincoln Elementary4 Thursday, May 27, 202111am – 12:30pm ºSan Bernardino Valley College ºInland Career Education Center ºLytle Creek Park ºEncanto Park ºHospitality Lane Area & Santa Ana River Trail Acces PointInterview # Event Date Focus Group 1 Tuesday, November 16, 202110am - 11ammunicipal agencies, including regional and adjacent agencies2 Wednesday, November 17, 202110am - 11amschools, youth groups, and transportation advocates3 Thursday, November 18, 202110am - 11amhealth and bicycle/pedestrian advocates&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;200 CHAPTER 2 Community Engagement13EVENT #1: SAN BERNARDINO FOOD FESTSaturday, June 26, 2021 | Court Street SquareThe San Bernardino Food Fest was one of the first festivals to occur in the City following the onset of the COVID-19 pandemic. The event was held in conjunction with festivities for the City of San Bernardino 2050 General Plan Update. More than 30 community members visited the project booth and shared comments for improving active transportation in the city. Participants engaged with project staff at the San Bernardino Food FestBetween June 2021 and March 2022, the general public, stakeholders, and greater San Bernardino community had opportunities to provide input for the project at five (5) community events. At each community event, the project team set up different activities to engage with the participants. Examples of the activities include: • Comment cards• Display boards• Survey collection• Roundtable discussions• Hand tally votes• Children's activitiesSummary reports of the community events are available in Appendix D: Community Event Summaries. Additionally, the team attended a Neighborhood Association Council (NAC) Presidents meeting to discuss the project goals and plan development. NEIGHBORHOOD ASSOCIATION COUNCILThis meeting provided an opportunity for the various neighborhood associations to ask questions regarding the project and provide feedback on the type of active transportation improvements they would like to see develop in and around their neighborhoods. 2.6 COMMUNITY EVENTS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;201 CITY OF SAN BERNARDINO Active Transportation Plan14 EVENT #2: SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION JOINT COMMUNITY MEETINGSaturday, August 7, 2021 | Southern California Mountains Foundation HeadquartersThe project team conducted a joint meeting with the Southern California Mountains Foundation. The purpose of the meeting was to present an overview of the San Bernardino ATP, and to discuss common active transportation themes, with an emphasis on pedestrian improvements. EVENT #3: RENDEZVOUS BACK TO ROUTE 66 October 2, 2021 | Court Street SquareThe City of San Bernardino Area Chamber of Commerce and event organizers hosted the eighth annual Route 66 event for thousands of car enthusiasts in the region. The event featured a car parade, music, and food for the community. The project team interacted with more than 100 people and collected more than 40 comment cards at the event. Event at the Southern California Mountains FoundationCommunity outreach at the Rendezvous Back to Route 66 event&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;202 CHAPTER 2 Community Engagement15 EVENT #4: VETERANS DAY PARADE AND SALUTEWednesday, November 11, 2021 | Court Street Square On November 11, the City hosted the 21st Annual Veterans Day Parade and Salute. The project team had a booth where team members had many fruitful conversations with event participants and collected comment cards for the project. EVENT #5: SAN BERNARDINO ARTS FEST AND KIT OF PARTS ACTIVATIONSaturday, March 19, 2022 | Court Street SquareOn Saturday, March 19th, 2022, the City of San Bernardino utilized the GoHuman Kit of Parts from SCAG to put together a tactical urbanism demonstration in Downtown San Bernardino. The event was a part of the community engagement effort for the City’s General Plan update, San Bernardino 2050: The Future is Ours, and it was held in conjunction with the San Bernardino Arts Fest, a popular local event. The event showcased a creative crosswalk, separated bike lane, parklet, and curb extension. Many, if not all, of the elements were new to the city.Participants engage with the project team member at the Veterans Day Parade & Salute eventTeam member educates community members about installation elements&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;203 CITY OF SAN BERNARDINO Active Transportation Plan16In addition to direct engagement opportunities, virtual engagement tools were also developed as part of the community engagement process. The tools included a project website, online mapping tool, project survey, and focus area sessions. The primary goals of the virtual engagement opportunities were for community members to learn about project milestones, identify areas of concerns, and provide feedback on potential active transportation improvements. PROJECT SURVEYA project survey was administered to gain insights on walking and biking behavior as well as preferences among community members in the city. The survey was conducted between February and July 2021 through an online platform. It was available in both English and Spanish to allow participation from the City’s large Spanish-speaking population. Collectively, 64 surveys were received, 63 in English and 1 in Spanish. Chapter 3, Project Survey Findings, provides an in-depth discussion of the findings from the project survey. 2.7 COMMUNITY FEEDBACK AND INPUT TOOLSONLINE MAPPING TOOL An online interactive mapping tool was developed for community participants to identify active transportation-related concerns in specific areas of the city (Figure 2-2). Pre-set comments, such as “I walk here” or “I bike here”, were available to encourage participants to provide comments. The tool received a total of 234 comments: 94 point comments and 141 line comments. Point comments offered comments on specific locations/destinations while line comments referred to broader roadway segments or corridors. Figure 2-2. Online mapping tool with comments&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;204 CHAPTER 2 Community Engagement17A qualitative analysis was conducted with the comments gathered in the outreach effort to identify common concerns/themes shared across the community. The analysis was focused on location-based comments to identify potential infrastructure recommendations that could address community concerns. The data used in this analysis focused on comments received from Phase I of the outreach effort which was derived from the following sources: • Virtual focus area sessions• Online mapping tool• Community events • Project surveyCommunity input from Phase II of the outreach effort focused on community decision-making where the input received helped prioritize potential corridor projects. Additionally, this analysis only evaluated the portion of the survey that contained location-based comments. Survey findings are further discussed in Section 3.5 Survey Findings. TOP CORRIDORS AND SPOT LOCATIONS/ DESTINATIONSCommunity members provided a total of 500 location-specific comments. Of these comments, 303 pertained to corridors and 197 were associated with a particular location or destination. The most popular corridors and intersections are described below. Note: The number of comments associated with the corridor is in the parentheses. Top corridors with number of comments:1. Waterman Avenue (28)2. Baseline Street (21)3. 9th Street (17)4. Highland Avenue (17)5. Kendall Drive (15)6. Arrowhead Avenue (12)7. E Street (11)Top intersections or destinations (number of comments):1. Waterman Avenue & 40th Street (10)2. Kendall Drive & University Parkway (8)3. E 21st Street & Perris Hill Park Road (8)4. W 5th Street & G Street (6)5. California State University, San Bernardino (5)6. Grant Avenue & Mission Drive (5)7. San Manuel Stadium (5)8. Pioneer Square/Court Street Square (5)Figure 2-3.v Locations of comments received, provides an illustration of thegeographic distribution of community comments. 2.8 COMMUNITY INPUT FINDINGS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;205 CITY OF SAN BERNARDINO Active Transportation Plan18Figure 2-3. Locations of comments received&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;206 CHAPTER 2 Community Engagement19 COMPARISON BETWEEN WALKING AND BIKING-RELATED COMMENTSThe analysis further examined the comments to understand which comments pertained to walking or biking. Findings from the analysis revealed that the top corridors for both walking and biking-related comments mirrored each other, as described in Table 2-3.COMMON THEMESComments provided by community members fall into six major themes and many sub-themes. The major themes are:• Walking-related infrastructure • Biking-related infrastructure • Other roadway infrastructure • Roadway characteristics • Motorists and pedestrian behavior • OtherThe most popular theme specific to active transportation is biking-related infrastructure with 332 comments. This is followed by walking-related infrastructure with 302 comments. Other themes (with their respective sub-themes) that have a high number of comments include roadway characteristics: high speeds (38 comments), other: specific improvement suggestions (38 comments), other: destinations (32 comments), and other: non-transportation-related comments (20 comments). Non-transportation-related comments include social issues such as homelessness, littering, and crime. Table 2-4 shows the themes, sub-themes, and the number of total comments received. Note: Some comments fall into multiple themes; as a result, the total number of comments evaluated in this section of the analysis exceeds the total comments received in Phase I of the outreach effort. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;207 CITY OF SAN BERNARDINO Active Transportation Plan20Table 2-3. Comparison between walking and biking-related comments# Walking-Related Comments # of Biking-Related CommentsCorridor Ranking # of Comments ReceivedRanking # of Comments ReceivedWaterman Ave 1 12 1 15Baseline St 2 9 2 11Highland Ave 3 9 3 8Kendall Ave 4 7 3 8Arrowhead Ave 5 6 6 69th St 6 5 3 8E St 7 4 7 5Foothill Blvd 7 4 7 5Mountain View Ave 7 4 9 4Marshall Blvd N/A N/A 9 4Hospitality Ln N/A N/A 9 4&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;208 CHAPTER 2 Community Engagement21Table 2-4. Themes from comments receivedTheme Sub-Theme # of Comments ReceivedWalking-related infrastructure ºInadequate sidewalk infrastructure ºADA curb ramps & accessibility ºInadequate lighting ºLandscaping ºPlacemaking opportunity ºCrossings302Biking-related infrastructure ºBike - Connectivity (Trail) ºBike - Connectivity (Bike Lane) ºBike - Connectivity (Bike Blvd)332Other roadway infrastructure ºPavement rehabilitation ºDrainage ºSignage12Roadway characteristics ºHigh volume of vehicular or truck traffic ºHigh speeds41Behavior ºAdverse motorist behavior ºAdverse pedestrian behavior4Other ºSpecific improvement suggestions ºDestination: Transit-related ºDestination: Other ºLocation-specific: Collision/near miss ºNon-transportation related93&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;209 CITY OF SAN BERNARDINO Active Transportation Plan22&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;210 03Existing Conditions&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;211 CITY OF SAN BERNARDINO Active Transportation Plan243.1 INTRODUCTIONUnderstanding the existing conditions related to active transportation in the City was an important component of the plan development effort. In order to understand the existing conditions, the following for categories of data were analyzed.• Demographic statistics• Travel characteristics• Health and safety• Environment and infrastructure conditionThis section presents an abridged version of the Existing Conditions Analysis. The full report is available in Appendix F: Existing Conditions Analysis Full Report. Table 3-1 summarizes the data collected and analyzed for this Plan.Table 3-1. Data collected and analyzedCategory Description Source(s)Demographic Statistics Demographic characteristics such as race, median household income, age, and language capabilities give a snapshot of who lives in San Bernardino and their potential needs.2020 American Community (ACS)Survey 5-Year EstimatesTravel Characteristics An understanding of travel characteristics allows for development of recommendations that can encourage active transportation in the city.2020 American Community (ACS) Survey 5-Year EstimatesHealth and Safety Analysis of health and safety indicators provides an understanding of the community’s potential needs for active transportation facilities.Transportation Injury Mapping System (TIMS) (2015-2019), CalEnviroScreen 3.0Land Use and Infrastructure Existing infrastructure shows physical locations that can benefit from infrastructure improvements.Existing planning documents,field observations,Comprehensive Pedestrian Sidewalk Inventory Plan (San Bernardino County Transportation Authority)&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;212 CHAPTER 3 Existing Conditions25POPULATION CHARATERISTICSAccording to the 2020 American Community Survey 5 Year Estimates, the City of San Bernardino has 216,784 people. The median household income (MHHI) in the city was $49,287, which is below the 2020 countywide median of $65,761. Within the city, a high proportion of low-income households reside in downtown San Bernardino, east of Interstate 215 (I-215) and north of Mill Street. The majority of the City of San Bernardino’s population was younger than 35 years old (56%). Of the citywide population, almost 32% are 19 years of age or younger. A large percentage of households in the city have limited English capabilities. ACS 2020 5-year estimate states that about 46% of households spoke Spanish at home, and of those households, approximately 35% spoke English "less than very well." Limited English households within the City are located predominantly in central and downtown San Bernardino.COMMUTE CHARATERISTICSThe majority of residents (77.1%) used personal automobiles (excluding carpooling) to commute to work, while 4.4% commuted via walking, bicycling or public transportation (excluding rideshare) to get to and from work. Nearly zero percent of residents bike as their primary mode of transportation for work. When combined with carpooling, over 90% of all commute modes involved the use of a personal vehicle. More than a third (39%) of San Bernardino City residents have a commute time that is longer than 30 minutes. The mean travel time to work was estimated to be around 29 minutes. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;213 CITY OF SAN BERNARDINO Active Transportation Plan26 3.2 PEDESTRIAN AND BICYCLIST-INVOLVED COLLISIONSCollision data from January 2015 to December 2019 was obtained from the Transportation Injury Mapping System (TIMS). Between 2015 to 2019, a total of 735 collisions that involved pedestrians or bicyclists and resulted in injury were reported in the City of San Bernardino. There was an average of 147 collisions per year. Of these, 527 were pedestrian-involved and 208 were bicyclist-involved, accounting for approximately 11% of all collisions within the 5-year time period. Table 3-2 shows a breakdown of the pedestrian and bicyclist-involved collision by severity while Figures 3-1 and 3-2 demonstrate the collision hotspots in the city.The California Office of Traffic Safety (OTS) developed rankings for comparison of traffic safety statistics between cities with similar-sized populations. The OTS provides statistics based on rates of victims killed and injured per “1,000 daily-vehicle-miles-of-travel”, per “1,000 average population”, and groups cities based on population. The City of San Bernardino is ranked in a 59-city group (OTS Group B) classified by populations between 100,001 and 250,000. According to the 2018 OTS report, of the 59 California cities, San Bernardino ranked 40th based on average population for bicyclist-involved collisions and 38th for bicyclist-involved collisions with victims younger than 15 years old. San Bernardino ranks 19th in Group B for total number of fatal or injury-resulting collisions. Number 1 in the rankings is the highest, or “worst” and 59 is the lowest or “best.”PEDESTRIAN-INVOLVED COLLISION HOTSPOTSOf the 527 pedestrian-involved collisions, approximately 33% occurred on five different corridors. The top five pedestrian-involved collision corridors are:1. Highland Avenue – 60 collisions2. Baseline Street – 42 collisions3. Waterman Avenue – 40 collisions4. Arrowhead Avenue – 17 collisions5. 5th Street – 16 collisionsBICYCLIST-INVOLVED COLLISION HOTSPOTSOf the 208 bicyclist-involved collisions, 30% occurred on five different corridors. The top five bicyclist-involved collision corridors are as follows:1. Baseline Street – 18 collisions2. 9th Street – 15 collisions3. Highland Avenue – 12 collisions4. Sierra Way – 11 collisions&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;214 CHAPTER 3 Existing Conditions27Table 3-2. Summary pedestrian and bicycle collision injuries Source: Transportation Injury Mapping System (TIMS) 2015-2019 Year Bicyclist-Involved Pedestrian-Involved Total CollisionsFatalInjury Total Fatal Injury Total2015 0 52 52 12 91 103 1552016 0 44 44 12 78 90 1342017 4 41 45 14 106 120 1652018 0 41 41 10 83 93 1342019 1 25 26 14 107 121 147Total5 203 208 62 465 527 735&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;215 CITY OF SAN BERNARDINO Active Transportation Plan28Figure 3-1. Pedestrian-involved collision hotspots in San BernardinoSource: Transportation Injury Mapping System (TIMS) 2015-2019&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;216 CHAPTER 3 Existing Conditions29Figure 3-2. Bicyclist-involved collision hotspots in San BernardinoSource: Transportation Injury Mapping System (TIMS) 2015-2019&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;217 CITY OF SAN BERNARDINO Active Transportation Plan30CITY OF SAN BERNARDINO Active Transportation Plan30 3.3 HEALTHDISADVANTAGED COMMUNITIESThe City of San Bernardino is home to approximately 215,000 residents and a large percentage live in areas designated as a “Disadvantaged Community”. Census tracts are quantified as a disadvantaged community through the CalEnviroScreen 3.0 index. Developed by the California Environmental Protection Agency (CalEPA), CalEnviroScreen 3.0 is an index that utilizes environmental and socio-economic data to identify California communities that are disproportionately burdened by, and vulnerable to, multiple sources of pollution. Census tracts that score above the 75th percentile are designated as California’s disadvantaged communities.The City has 48 census tracts fully within the city boundary and 36 census tracts (75%) score as a disadvantaged community. In addition, 21 census tracts (44%) score in the 90th percentile for disadvantaged communities, and together the city ranks in the 82nd percentile among all census tracts within California. Figure 3-3 shows the location of the disadvantaged communities in the city.DIABETES AND HEART DISEASE RATESThrough more active transportation facilities and outreach programs, the City can enhance opportunities for physical activities. This can help reduce the prevalence of diabetes and heart disease in San Bernardino. Diagnosed diabetes and heart disease scores measure the number of adults over the age of 18 who report having ever been told by a medical professional that they have diabetes or heart disease. The City has an adult diabetes rate of approximately 11%, which is below the County rate of 14.6% (SCAG 2019 Local Profiles – San Bernardino). Additionally, San Bernardino has an adult heart disease rate of 4.8%, significantly lower than the County’s rate of 7.6% (SCAG 2019 Local Profiles – San Bernardino).ASTHMA RATEEncouraging active transportation activities can help replace vehicle trips with bicycling and/or walking, which can then help improve air quality. This in turn can help reduce chronic diseases such as cardiovascular disease and asthma, of which poor air quality conditions are major causes (U.S. EPA, Health and Environmental Effects of Particulate Matter (PM)). Poor air quality conditions resulting from vehicle emissions and toxic releases from facilities have a strong correlation with increased rates of asthma. The City of San Bernardino has an asthma rate of 13.1%, slightly lower than San Bernardino County’s rate of 15.1% (SCAG 2019 Local Profiles – San Bernardino).&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;218 CHAPTER 3 Existing Conditions31Figure 3-3. Disadvantaged communities in San BernardinoSource: CalEnviroScreen 3.0&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;219 CITY OF SAN BERNARDINO Active Transportation Plan32 3.4 ENVIRONMENT AND INFRASTRUCTUREURBAN FORM AND LAND USEThe City of San Bernardino’s General Plan Land Uses are mainly comprised of Commercial, Industrial, Public/quasi-public, residential, open spaces, and specific plan land uses. Specific plan land uses form the largest portion of land uses and are located in the north and northwest corners of the city. The specific plans include California State University, San Bernardino main campus, University Hills, Paseo Las Placitas, Rancho Palma, and Waterman and Baseline. The land uses within the specific plan are largely single-family residential with some commercial and civic functions. Commercial and multi-family residential land uses are located predominantly in the central and southern parts of the city and along the Interstate 10 (I-10) and Interstate 210 (I-210) corridors. Industrial zones are located in the northwest and southeast parts of the city, close to the San Bernardino International Airport and the BNSF rail yard. Figure 3-4 illustrates the General Plan land uses in the city. Note: As of this writing, the City is updating its General Plan. As a result, some future land uses may change. KEY ATTRACTORSKey attractors in the City of San Bernardino can be categorized into four general groups: civic facilities, parks, schools, and shopping centers. Some of the biggest attractors in the city include California State University, San Bernardino, San Manuel Stadium, and Downtown San Bernardino. The downtown area hosts civic institutions such as the San Bernardino Superior Court and Justice Facility, City Hall, Social Security Administration, and San Bernardino Transit Center. Shopping centers on the other hand are located further away from the downtown core of the city. Many major retail destinations could be found along the major interstate corridors such as the Interstate 10 (I-10) and Interstate 210 (I-210) freeways. These retail destinations are located only a few miles away from neighboring cities including Loma Linda and Redlands. Schools and parks are in general distributed, within or close to, residential zoning. Overall, most of the key attractors seem to be evenly distributed throughout the city, but are scarce in the south and southeast areas of the city where industrial land uses and the airport are located.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;220 CHAPTER 3 Existing Conditions33Figure 3-4. City of San Bernardino General Plan land uses&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;221 CITY OF SAN BERNARDINO Active Transportation Plan34 EXISTING BIKEWAY FACILITIES The City of San Bernardino’s existing bike infrastructure consists of 2.56 miles of Class I Bike Paths and 16.5 miles of Class II Bike Lanes. The existing bike facilities within the City boundary are as follows:• Class II Bike Lane on Kendall Drive – 3.90 miles; from Palm Avenue to Shandin Hills Crest• Class II Bike Lane on Northpark Boulevard – 3.00 miles; from Campus Parkway to Electric Avenue• Class II Bike Lane on Mountain View Avenue – 2.55 miles; from Electric Avenue/38th Street to 27th Street• Class II Bike Lane on Valencia Avenue – 1.34 miles; from 40th Street to 30th Street• Class II Bike Lane on Arrowhead Avenue – 1.09 miles; from Thompson Place to 28th Street• Class II Bike Lane on Electric Avenue – 1.08 miles; from Northpark Boulevard to Mountain View Avenue/38th Street• Class II Bike Lane on University Parkway – 1.01 miles; from Northpark Boulevard to Varsity Avenue• Class II Bike Lane on G Street – 0.83 mile; from Rialto Avenue to Inland Center Drive• Class II Bike Lane on Campus Parkway – 0.73 mile; from Kendall Drive to Northpark Boulevard• Class II Bike Lane on Parkdale Street – 0.72 mile; from Sierra Way to Valencia Avenue• Class II Bike Lane on Rialto Avenue – 0.26 mile; from G Street to E Street• Class I Bike Path (Inland Center Drive Bike Path) – 1.07 miles; from south city limits to Mill Street• Class I Bike Path (Santa Ana River Trail) – 0.95 mile; from west city limits to Waterman Avenue• Class I Bike Path (Chestnut Avenue Bike Path) – 0.54 mile; from Ohio Avenue to Irvington AvenueThe most prominent existing bikeway facilities are the Class I Bike Path on Inland Center Drive and the Class II Bike Lanes and connecting routes along Kendall Drive and Northpark Boulevard. The Inland Center Drive Class I Bike Path and the connecting Class II Bike Lanes along G Street and Rialto Avenue provide important bike access from the downtown San Bernardino Transit Center to San Manuel Stadium, National Orange Show Event Center, Inland Center Mall, and are within a few blocks of San Bernardino Valley College and the City of Colton. The City is also the current northeastern terminus of the Santa Ana River Trail Class I Bike Path which runs from the Hidden Valley Wildlife Refuge in Riverside County through the cities of Riverside and Colton to Waterman Avenue in San Bernardino with planned extensions to the City of Redlands in the east and the Orange County Santa Ana River Trail to the southwest. The existing bikeway facilities along Kendall Drive and Northpark Boulevard provide a local east-west connection to California State University, San Bernardino. Electric Avenue and Mountain View Avenue provide the local southern connection to California State University, San Bernardino from just south of I-210 going north to Northpark Boulevard. There is a connectivity gap in central San Bernardino, as well as missing links between the transit hub and the university in the north, as well as the Santa Ana River Trail in the south. Figure 3-5 shows a map of the existing bikeways in the City of San Bernardino. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;222 CHAPTER 3 Existing Conditions35Figure 3-5. Existing bikeway facilities in San Bernardino &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;223 CITY OF SAN BERNARDINO Active Transportation Plan36EXISTING PEDESTRIAN FACILITIES – SIDEWALK INFRASTRUCTURE The City’s existing sidewalk infrastructure is evenly distributed throughout the city. The majority of the existing sidewalk infrastructure is located in the middle and eastern portion of the City where residential and commercial zones are located. Missing sidewalks are located primarily on more rural stretches of road in the northern half of the city leading up to the base of the mountains . Other areas missing sidewalk infrastructure are located in industrial zones close to the San Bernardino International Airport. Figure 3-6 shows the locations of existing sidewalk facilities in the city. According to data retrieved from the Comprehensive Pedestrian Sidewalk Inventory Plan, the City needs 7,948,224 feet of sidewalk. The City currently has 5,842,836 feet of existing sidewalk, which represents 73.51% of the total sidewalk infrastructure needed. A little over a quarter (26.49%) or 2,105,388 feet of the city’s roadways could benefit from having sidewalk infrastructure as shown in Table 3-3.TRANSIT CONNECTIVITYActive transportation is an important mode of transportation for people to access transit facilities. It provides a critical alternative solution to what is commonly known as the “first mile/ last mile” problem for transit. The problem refers to 1) how a traveler gets to a transit facility from their origin location, and 2) after they get off transit, how they reach their final destination. Transit users in the City have a variety of transit services to choose from. Bus transit services are provided by Omnitrans, Riverside Transit, Mountain Transit, Pass Transit, and Victor Valley Transit Agency. Meanwhile, Metrolink offers commuter rail services to regional destinations. Each bus transit provider connects the City to multiple counties and cities within Southern California. Omnitrans provides intra-city connectivity and services to adjacent cities, as well as the greater San Bernardino County. Figure 3-7 shows the Omnitrans transit routes through San Bernardino.SAN BERNARDINO TRANSIT CENTERThe San Bernardino Transit Center is a major first/last-mile connectivity center for intra-city and regional bus and rail transit services by many regional transit agencies. The Metrolink San Bernardino Line and Inland Empire-Orange County Line stop at the transit center. The San Bernardino Transit Center is also the future terminus for the Arrow commuter rail line which will run between the transit center in downtown San Bernardino and the University of Redlands in Redlands, CA. Table 3-3. Sidewalk Length in the City of San BernardinoSource: Comprehensive Pedestrian Sidewalk Inventory PlanSidewalk (ft) No Sidewalk (ft) Grand Total (ft)5,842,8362,105,3887,948,22473.51%26.49%100%&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;224 CHAPTER 3 Existing Conditions37Figure 3-6. Existing sidewalks in San BernardinoSource: Comprehensive Pedestrian Sidewalk Inventory Plan&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;225 CITY OF SAN BERNARDINO Active Transportation Plan38Figure 3-7. Omnitrans transit routes in San BernardinoSource: Omnitrans&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;226 CHAPTER 3 Existing Conditions39CHAPTER 3 Existing Conditions393.5 PROJECT SURVEY FINDINGSA project survey was administered to gain insights on walking and biking behaviors and preferences in the City of San Bernardino. The survey was conducted between February and July 2021 through the San Bernardino project website. It was available in both English and Spanish to allow participation from the City’s large Spanish-speaking population. Collectively, 64 surveys were received, 63 in English and 1 in Spanish. CHARACTERISTICS OF SURVEY RESPONDENTS Of the 64 surveys collected, 82.5% of respondents live in the city. Approximately a quarter (25.4%) of respondents were between the ages of 35-44, and approximately half (48.4%) identified as “Hispanic, Latino, Latina, or Latinx.” Over half (52.4%) were female respondents. Respondents live and work in various areas of San Bernardino. The highest number of respondents live in the Verdemont neighborhood (13.7%), followed by the Del Rosa neighborhood (9.8%). Almost a third (30.8%) live in the 7th Council Ward district and one fifth (19.2%) reside in the 5th Council Ward. Of the respondents, approximately a third (30.4%) work in the 1st Council Ward and another 26.1% have employment in the 5th Council Ward. TRAVEL BEHAVIOR Survey respondents walk frequently to get around the city. Of the 38 respondents who answered the question related to travel behavior, 77.8% walk daily, 78.9% walk several times a week, and 64.7% walk once or twice a week. (Respondents could select multiple answers to question). Conversely, a majority of respondents never bike or take transit (74.4% and 76.9% respectively). POPULAR DESTINATIONS FOR ACTIVE TRANSPORTATIONAmong the most popular destinations for walking include to a neighbor’s, friend’s, or relative’s house (79.2%), parks or community centers (73.3%), and walking or biking trails (67.7%). The most popular destination for biking is walking or biking trails. Lastly, the most favorable destinations to take transit are to work (72.2%), retail/shopping centers (61.1%), and restaurants and bars (50%). (Respondents could select multiple answers to question).REASONS FOR WALKING AND BIKINGSurvey respondents offered many reasons for walking and biking in the city. The top three reasons for why respondents preferred to walk: to exercise or improve health (90.2%), to socialize with friends and neighbors (88%), and because they don’t have access to a vehicle &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;227 CITY OF SAN BERNARDINO Active Transportation Plan40 (83.3%). Meanwhile, the top three reasons for biking include preference to not drive (100%), saving money (77.8%), and the desire to improve the environment (64.7%). (Respondents could select multiple answers to question).BEHAVIORS AND CHARACTERISTICS FOR TAKING TRANSITOf the respondents, about half (43.5%) reported they rarely or never use public transit, 11.3% of participants take the bus or ride the train to save money or due to convenience, and 6.5% do not have access to a car. ACTIVE TRANSPORTATION INFRASTRUCTURE IMPROVEMENTSSurvey respondents expressed support for many types of active transportation infrastructure improvements. When asked about the types of improvements that would encourage walking more in the City, respondents reported safer ways to cross streets (56.5%), better lighting at night (46%), and sidewalk connectivity (45.2%) as the top three improvements. More walking trails would encourage 46.8% of respondents to walk more frequently. Additional bike trails/paths (41.3%), protected bike lanes (46%), and more regular bike lanes (39.7%) were reported as the top three improvements that would encourage respondents to bike more. TRANSIT-RELATED IMPROVEMENTSThe top three improvements that would encourage respondents to take transit include better security (36.5%), more shade at bus stops (31.7%), and more convenient ways to walk and bike to a bus stop/transit station (30.2%). Respondents also showed interest in using transit more if there were more frequent buses or trains (30.2%), more lighting near bus stops (20.6%), and real-time bus arrival signage (20.6%). PRIORITY FOR ACTIVE TRANSPORTATION IMPROVEMENTS Most survey respondents reported that it is important for the City of San Bernardino to prioritize walking and biking improvements to create a safer environment for pedestrian and bicyclists (81%). In a close tie for second and third place, 66.7% of respondents reported it is important to improve the community’s public health outcomes and reduce the impacts of driving on the environment, while 65.1% reported it is important to provide better access to jobs, transit, schools, parks, goods, and services without the need for a car. Of the five choices available in the question, the importance of having a local network of connected bicycle and pedestrian facilities, received the second lowest selection, with the least popular option being “other”. (Survey respondents could select multiple options for this question.)&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;228 CHAPTER 3 Existing Conditions41[This page intentionally left blank]&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;229 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;230 04StrategyRecommendations&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;231 CITY OF SAN BERNARDINO Active Transportation Plan444.1 INTRODUCTION4.2 GOALS AND STRATEGIESThis chapter provides a set of strategy recommendations that will help advance the vision of building a more walkable and bikeable future in the City of San Bernardino. The strategies (some of which include objective targets) support five goals, first discussed in Chapter 1: Introduction. The strategies could be included in the policy framework for the forthcoming Circulation Element to the General Plan. Unless otherwise stated, the strategies would be implemented by different departments of the City of San Bernardino. GOAL 1: CONNECTIVITYImprove the walkability and bikeability of the City of San Bernardino by creating a local network of connected bicycle and pedestrian facilities. Strategy 1.1 With the Active Transportation Network as a starting point, prioritize infrastructure projects that focus on providing north/south, east/west connections throughout the city to develop an active transportation network that is accessible by users of all ages and abilities. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;232 CHAPTER 4 Strategy Recommendations45Strategy 1.2Use the resources discussed in Chapter 5: Infrastructure Toolbox and Appendix F, Design Guidelines as a reference to establish design conformity for active transportation improvements. Strategy 1.3Use Appendix F: Design Guidelines as a guide to develop Standard Plans for common active transportation infrastructure such as sidewalks, driveways, curb ramps, crosswalks, pedestrian-scale lighting, and bike facilities. Strategy 1.4Seek opportunities within the City’s existing public works and planning efforts to incorporate proposed active transportation improvements whenever feasible and appropriate.Strategy 1.5Collaborate with Caltrans, SBCTA, and adjoining jurisdictions on infrastructure projects that extend beyond the City’s boundaries to provide regional connectivity. Strategy 1.6Develop a network of walking paths in commercial districts and neighborhoods to encourage community members to walk. The walking paths could be artistic and each path could have its own wayfinding signs and stylistic flair to create a sense of place.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;233 CITY OF SAN BERNARDINO Active Transportation Plan46GOAL 2: LOCAL ACCESS & MOBILITYProvide the City of San Bernardino residents greater access to transit, jobs, goods, services, schools, and parks without the need to drive a car.Strategy 2.1Address areas where the pedestrian infrastructure is disrupted by street trees. Examples of such concerns include buckled sidewalks and sidewalk obstruction caused by street trees.Strategy 2.2Work with an ADA Coordinator (or someone in a similar role) to ensure that new active transportation infrastructure projects are designed and constructed to meet the latest ADA-compliant standards. Strategy 2.3Conduct a citywide study on existing lighting facilities, with a focus on pedestrian-scaled lighting. Strategy 2.4Conduct an analysis to identify roadways that have excess vehicle capacity. For roadways with excess vehicle capacity, consider the reduction of travel lanes and use of the reclaimed space for other purposes. Examples include widening the sidewalk and expanding the pedestrian realm (as further described in Chapter 6: Infrastructure Toolbox), adding in street landscaping, offering more transit amenities, and converting the space into a small parklet.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;234 CHAPTER 4 Strategy Recommendations47Strategy 2.5For new roadway projects, plant street trees and landscaping that provide shade and improve the walking and biking experience whenever possible.Strategy 2.6Develop a comprehensive citywide streetscape plan. Strategy 2.7Develop a wayfinding plan to provide guidance on using active transportation modes to reach local and regional destinations. Strategy 2.8Whenever feasible, incorporate active transportation improvements made to the public right-of-way as a part of a condition of approval or development agreement with the city.Strategy 2.9Require new developments to provide bicycle parking. Strategy 2.10Collaborate with major employers and civic institutions to increase multi-modal access.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;235 CITY OF SAN BERNARDINO Active Transportation Plan48Strategy 2.11Incorporate active transportation infrastructure into new land use and transportation projects, including new transit hubs and regional facilities.Strategy 2.12On commercial corridors, update design standards on surface parking and driveways to reduce surface parking and driveways along the pedestrian infrastructure network. Whenever possible, have store fronts face and be located closer to the street to encourage pedestrian traffic.GOAL 3: SAFETYImprove the overall safety of people walking, biking, and riding public transportation in the City of San Bernardino through infrastructure and programming strategies.Strategy 3.1Develop an internal system to regularly analyze vehicle, pedestrian, and bicycle collisions and identify collision hotspots.Strategy 3.2Provide traffic calming infrastructure improvements and identify opportunities to update signal timing and phasing at locations with high collision frequencies across the city. Reference the Local Road Safety Plan for projects.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;236 CHAPTER 4 Strategy Recommendations49Strategy 3.3Conduct a study to re-evaluate speeds along the City’s roadways in response to Assembly Bill 43, Traffic Safety.Strategy 3.4Assess and implement enhanced crossing treatments to reduce pedestrian-automobile collisions at multi-lane crossings, including median refuge islands, rapid-rectangular flashing beacons, pedestrian hybrid beacons, raised crosswalks, and other treatments. Reference the toolbox in Chapter 5, Toolbox, for treatments that address different concerns. Strategy 3.5Conduct analysis to identify intersections to prohibit or regulate right-turn-on-red (RTOR) movements at intersections with high frequencies of this collision/citation type and consider the use of blank-out signs.Strategy 3.6Develop a program to review traffic signal locations with prohibited pedestrian crossings and where feasible and appropriate, modify to restore prohibited crossings.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;237 CITY OF SAN BERNARDINO Active Transportation Plan50Strategy 3.7Develop a citywide traffic safety program, and collaborate with school districts, schools, and community partners to engage with and educate different community groups about traffic safety.Strategy 3.8Enhance the ATP by developing a comprehensive Safe Routes to School Plan for all elementary, middle, and high schools located in the City of San Bernardino. Strategy 3.9Collaborate with schools and school districts to participate in safety programs such as Walk to School and Bike to School events. Strategy 3.10Collaborate with enforcement officers to improve upon current methods for recording pedestrian and bicycle collisions.Strategy 3.11Maintain bicycle and pedestrian facilities to ensure that they continue to operate as intended. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;238 CHAPTER 4 Strategy Recommendations51GOAL 4: HEALTH & ENVIRONMENTPrioritize strategies that will improve public health conditions and reduce the impacts of driving on the environment in the City of San Bernardino. Strategy 4.1Target active transportation improvements in areas where residents suffer from conditions such as obesity and diabetes.Strategy 4.2Invest in active transportation facilities that will provide opportunities for exercise and recreation, and that will meet everyday travel needs.Strategy 4.3Integrate active transportation programming and community improvements into other city initiatives.Strategy 4.4In tandem with new active transportation projects, promote a campaign to educate roadway users of all modes on new active transportation infrastructure projects and how the projects will promote safety for all users.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;239 CITY OF SAN BERNARDINO Active Transportation Plan52Strategy 4.5Support marketing and community engagement campaigns to promote active transportation as a form of recreation and a viable transportation mode. Strategy 4.6Plan and install tactical urbanism demonstrations and/or quick-build projects along corridors or at areas with high pedestrian and/or bicycle activity to showcase potential new traffic calming and active transportation infrastructure treatments.Strategy 4.7Host "Open Streets" events where a portion of the roadway is closed off from vehicular traffic and converted into a public space. Collect and evaluate public feedback and conduct traffic operational and other studies to consider closing the streets for a longer period of time or even permanently. Strategy 4.8Build partnerships with local businesses and community groups to host regular walk tours and other walking-related activities, and promote walking as a form of physical exercise.Strategy 4.9Provide economic incentives for expanding and enhancing pedestrian facilities.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;240 CHAPTER 4 Strategy Recommendations53GOAL 5: FUNDING & IMPLEMENTATIONProvide strategies to fund and implement infrastructure and non-infrastructure programs that support Plan recommendations. Strategy 5.1 Develop an annual list of active transportation projects to be proposed as part of the City’s Capital Improvement Program (CIP). Use the Active Transportation Network discussed in Chapter 6: Infrastructure Projects, as a reference. Strategy 5.2Develop a financial strategy and timeline to efficiently and competitively secure grant funding for projects.Strategy 5.3Seek funding for a permanent citywide Safe Routes to School non-infrastructure program.Strategy 5.4Coordinate with neighboring municipalities to identify shared resources and seek funding for active transportation projects along corridors that promote intercity connectivity. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;241 CITY OF SAN BERNARDINO Active Transportation Plan54Strategy 5.5Increase collaboration among city, county, and other regional agencies to identify projects that could be incorporated into existing funding and/or grant funding opportunities.Strategy 5.6Organize an Active Transportation Committee to gather input on issues/ideas related to active transportation. Strategy 5.7Work with community organizations, stakeholders, developers, and other groups or entities to identify potential areas for collaborations.Strategy 5.8On a regular basis, have meetings with school representatives and active parents to discuss opportunities to improve pedestrian safety and connectivity to schools and school facilities.Strategy 5.9Develop a program to evaluate new technologies and infrastructure treatments regularly that will support a safe active transportation environment. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;242 CHAPTER 4 Strategy Recommendations55[This page intentionally left blank]&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;243 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;244 05InfrastructureToolbox&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;245 CITY OF SAN BERNARDINO Active Transportation Plan585.1 INTRODUCTIONMany kinds of infrastructure treatments and placemaking tools are available for the City to create a more walkable and bikeable future. This chapter discusses more than 50 treatments and offers general design guidance for addressing common pedestrian and bicycle-related concerns.The facilities span five categories: • Bikeways• Placemaking Realm• Roadways• Intersections and Crossings• PlacemakingEach facility may serve one or more functions. For instance, a Class II Bike Lane may only serve bicyclists. However, a traffic circle could act as a traffic calming device that benefits both pedestrians and bicyclists.Figure 5-1 shows an overview of the five categories of infrastructure treatments, while Table 5-1 depicts a summary of how each facility relates to five types of functions (pedestrian, bicycle, transit, goods movement, and transit). This chapter is meant to provide a starting point on what treatments and opportunities could be considered when designing for active and healthier communities. Appendix F Design Guidelines contains further discussions on many of the tools discussed in the toolbox. It provides supplemental and consolidated information rooted in existing local, state, and national guidance. In-depth analyses on land use, collision history, existing site conditions, streetscape characteristics, feasibility, and other factors, along with adherence to federal and state guidelines, are still required for any street improvement project.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;246 CHAPTER 5 Infrastructure Toolbox59Bicycle facilities that offer connectivity throughout the city and beyond. Chapter 6: Infrastructure Projects, discusses the new San Bernardino Bike Network which is further organized by bikeway classifications. BikewaysInfrastructure and amenities that enhance the sidewalk area – between the property line and the curb- to create a more pleasant and comfortable pedestrian experience.Pedestrian RealmInfrastructure that could be installed along roadway corridors or alter the existing roadway configuration to better accommodate pedestrian and bicycle treatments and calm vehicular traffic. RoadwaysTreatments that could improve visibility, reduce vehicular speed, and better demarcate the right-of-way for pedestrians and bicyclists at intersections or other areas where crossings could occur. Intersections and CrossingsPublic art-related elements that could be integrated into active transportation infrastructure to create a sense of place and community on the public right-of-way. PlacemakingFigure 5-1. Categories of facilities in the infrastructure toolbox&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;247 CITY OF SAN BERNARDINO Active Transportation Plan60Facility Pedestrian Bicycle Transit Goods MovementsTraffic CalmingBikewaysClass I: Off-Street Bike Path X XClass II: Bike LaneXClass II: Buffered Bike LaneXClass III: Bike Route - Marked Shared LaneXClass III: Bike BoulevardXXClass IV: On-Street Separated Bikeway XClass IV: Raised Separated Bikeway XPedestrian Realm Sidewalk XLighting XTrees and Landscaping XBike Parking XBus Shelters and Amenities XOther Street Furniture XRoadwayLane NarrowingXXXXRoadway ReconfigurationXX XTable 5-1. Summary of Infrastructure Treatments&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;248 CHAPTER 5 Infrastructure Toolbox61Facility Pedestrian Bicycle Transit Goods MovementsTraffic CalmingRoadway (Cont.)Landscape Medians XXChokers / PinchersXXSpeed Feedback Sign X X XBicycle Safety and Warning SignsXEmbedded LEDs in Traffic SignsXXIntersections & CrossingsHigh Visibility Crosswalk X X X X XMid-block Crosswalk X X XCurb Extension / Bulb-out X X XRaised Crosswalk X X X XAdvanced Yield Marking X X XScramble Crosswalk XCurb Ramp XPedestrian Refuge IslandXX XXBike BoxXTwo-Stage Bicycle Turn BoxXTraffic Diverter X X X XTable 5-1. Summary of Infrastructure Treatments (Cont.) &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;249 CITY OF SAN BERNARDINO Active Transportation Plan62Facility Pedestrian Bicycle Transit Goods MovementsTraffic CalmingIntersections & Crossings (Cont.)Traffic Circle X X XRoundabout X X XProtected Intersection X X XRaised IntersectionXXXXXPedestrian Hybrid Beacon X X XRectangular Rapid Flashing Beacon X X XLeading Pedestrian (Bicycle) Interval X XAccessible Pedestrian Signal XBicycle SignalXBicycle Detection & Push Buttons/ Actuation XPlacemakingCreative CrosswalksXArtistic Bike RacksXArtistic Streetscaping & Painted Intersections XParklets XPedestrian Seating XWayfinding Signage X XTable 5-1. Summary of Infrastructure Treatments (Cont.) &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;250 CHAPTER 5 Infrastructure Toolbox63Class IClass IIClass IIIClass IVBike BoulevardA low-stress shared roadway that combines bike sharrows with other traffic calming measures.Raised Separated BikewayA low-stress shared roadway that combines bike sharrows with other traffic calming measures.Buffered Bike LaneA bike lane that has an additional striped buffer which can provide greater separation between bicyclists and vehicular traffic. Off- Street Bike PathAn off-street bikeway facility that is physically separated from the street or highway.Bike Lane A portion of the roadway that is designated by striping, signaling, and/or pavement markings for the exclusive use of bicyclists. Bike Route - Marked Share Lane A designated roadway where bicycles and motor vehicles share the same right-of-way. On-Street Separated Bike LaneA bikeway facility where there is a physical barrier between bicyclists and motor vehicle traffic. 5.2 BIKEWAYSBikeways, similar to roadways, have a hierarchy of classifications that roughly correspond to the amount of separation between bicyclists and motorized vehicles as shown below. For instance, Class I Bikeways are completely separated from vehicles, while Class II Bike Lanes have signing and striping on the roadway that clearly demarcates the bikeway facilities from vehicles. Meanwhile, Class III Bike Routes require bicyclists to share the road with vehicles. The following bikeway classification graphics illustrate some of the most common bicycle facilities that the City could consider.Photo Credits: Bike Boulevard - Allan Crawford | Raised Separated Bikeway - City of Cambridge, MABikeways Pedestrian Realm Roadways Intersections & Crossings Placemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;251 CITY OF SAN BERNARDINO Active Transportation Plan64Court StreetSquareCity ofSan BernardinoSan BernardinoTransit CenterSan ManuelStadium5.3 PEDESTRIAN REALMThe Pedestrian Realm, which is typically represented by the sidewalk area, is an important component of the active transportation infrastructure. The sidewalk provides a designated path for pedestrians to use, while additional infrastructure aids in activating the pedestrian realm as a public space and creates a more comfortable pedestrian experience. The Pedestrian Realm could be categorized into four “zones” as shown in the graphic below. It is important to note that not all zones within a sidewalk area will be present at every corridor. Appropriate widths for each zone will vary based on different contexts (e.g. adjacent land uses, driveways, pedestrian volumes etc.) Area closest to the property line that often separates buildings from where pedestrians walk.Frontage ZoneDedicated space for pedestrians to travel along the street (free of any physical obstructions).Pedestrian Throughway ZoneArea used for the placement of amenities, street furniture, bus stops, trees, landscaping, and other furnishings.Furnishing ZoneFlexible space where the sidewalk area can be extended into where vehicles typically park or turn right. Extension ZoneBikewaysPedestrian RealmRoadwaysIntersections & CrossingsPlacemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;252 CHAPTER 5 Infrastructure Toolbox65The following section provides some design guidance and infrastructure tools that the City could provide in the pedestrian realm to improve comfort and connectivity. Improve sidewalk connectivity: Address gaps in the sidewalk network, and through retrofit of existing sidewalks when adding new developments, widen the pedestrian right-of-way and limit the size and frequency of curb cuts along major corridors to increase pedestrian comfort and reduce conflicts between pedestrians and motorists.Provide for a clear, continuous sidewalk: For new construction, any required obstructions for streetlights, utilities, poles, and other above-ground features should be located within the parkway area (street side) so that the sidewalk is generally continuous and does not require pedestrians to be watchful to follow the clear, direct path. Improve the bicycle network: To reduce the use of bicycle riding on sidewalks, it is necessary to examine and improve the bicycle network so that bicyclists of all ages and skill levels would be comfortable riding in the dedicated facilities, reducing pedestrian-bicyclist conflicts on the sidewalks. Improve sidewalk connectivity to land uses: When evaluating the site plans for development proposals, include an analysis of the condition and directness of walking routes. Providing direct walking paths from street corners to the commercial areas can reduce the overall walking distances and time needed to travel to and from these destinations, while also encouraging pedestrians to more frequently opt for walking trips.Address buckled, lifted, stained, physical defects on sidewalks: Develop a citywide program to identify sidewalk locations that are buckled, lifted, or have physical defects, such as cracks and voids, and then to schedule remedial repairs. In areas with ongoing tree root issues, conduct routine inspections to monitor the situation. Redesign driveways: Every driveway that crosses a sidewalk is a potential location for conflict between motorists and pedestrians. Driveways should be designed to be no wider than necessary. The rise from street level to curb level should be kept as short as possible so that the walking surface can be preserved as a level surface.5.3 PEDESTRIAN REALM (CONT.)Bikeways Pedestrian Realm Roadways Intersections & Crossings Placemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;253 CITY OF SAN BERNARDINO Active Transportation Plan66SidewalkSidewalks are the primary structure of a pedestrian network. They are physically separated from the roadway by a curb or unpaved buffer space, providing dedicated space intended for use by pedestrians that is safe, comfortable, and accessible.Trees and LandscapingStreet trees and landscaping are typically located between the curb and the sidewalk within the parkway. They provide shade and helps to calm vehicular traffic. Bus Shelters and AmenitiesBus stops are locations where sidewalks experience multiple uses, such as walking, waiting for buses, and bus boarding and alighting. Amenities are often provided at bus stops, including benches, shelters, trash disposals, and system service information. Street LightingStreet lighting helps illuminate sidewalks and roadways at night, increasing visibility of roadway users. As a streetscape element, street lighting can also create a sense of rhythm and organization to the street and sidewalk.Bike ParkingBicycle parking offers short-term secure locations for users to use at destinations (i.e. parks, shopping, and entertainment). It also improves first and last-mile connections when installed near bus stops and local destinations. Other Street FurnitureStreet furniture such as pedestrian seating, trash receptacles, tree planters, and public art help create a comfortable, usable, and active public environment where people can rest, socialize, read, or people-watch. It is an important element in creating sense of place within a community. 5.3 PEDESTRIAN REALM (CONT.)BikewaysPedestrian RealmRoadwaysIntersections & CrossingsPlacemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;254 CHAPTER 5 Infrastructure Toolbox67Bikeways Pedestrian Realm Roadways Intersections & Crossings Placemaking Lane NarrowingLane narrowing is a typical traffic calming treatment. By narrowing existing travel lanes, streets can better accommodate multiple roadway users. The treatment is intended to improve the overall safety and traffic flow of the roadway and potentially accommodate the addition of a bikeway facility.Roadway ReconfigurationAlso known as a road diet, roadway reconfigurations typically involve reducing the number of lanes to better accommodate other roadway users. The treatment reallocates roadway space for other purposes, potentially adding turn lanes, bus lanes, pedestrian refuge islands, bike lanes, sidewalks, bus shelters, or landscaping.5.4 ROADWAY TREATMENTSRoad treatments include infrastructures such as chokers/pinchers and landscape medians that could be installed along roadway corridors or strategies such as lane narrowing and roadway reconfiguration that reconfigure the existing roadway geometry. They seek to create a safer pedestrian and bicycle environment, calm vehicular traffic, and/or better accommodate pedestrian and bicycle facilities. BeforeTravel LaneTravel LaneCenter Left Turn LaneCenter Left Turn LaneTravel LaneTravel LaneAfterTravel LaneTravel LaneTravel LaneTravel LaneTravel LaneCenter Left Turn LaneTravel LaneAfterBefore&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;255 CITY OF SAN BERNARDINO Active Transportation Plan685.4 ROADWAY TREATMENTS (CONT.)Landscape MedianLandscaped medians, or raised medians, are raised barriers in the center of the roadway that are typically filled with various types of foliage. They can serve as a place of refuge for pedestrians crossing at an intersection or at the midblock.Chokers/PinchersChokers or pinchers are curb extensions that narrow a segment of the roadway by widening the sidewalk or planting strip, creating a pinch point along the roadway. These pinch points can increase visibility of pedestrians looking to cross the roadway.Speed Feedback SignA dynamic message sign that uses radar or laser technology to determine the speed of an approaching vehicle and then displays the speed to the driver. If motorists are speeding, the sign flashes the exceeded speed along with ‘SLOW DOWN’ or ‘YOUR SPEED’. Bicycle Safety and Warning SignsBicycle signage serves to regulate and warn vehicular traffic of the presence or movement of bicyclists within the roadway or traveling across the roadway.Pedestrian Safety and Warning SignsPedestrian signage serves to warn and advise vehicular, bicycle, and other traffic of oncoming pedestrian movement. Signage implementation is often used in conjunction with pavement markings and pedestrian features that enhance awareness of pedestrian crossings or areas.Embedded LEDs in Traffic SignsEmbedded Light Emitting Diodes (LEDs) enhanced traffic signs are similar to typical advisory and warning signs, but are intended to increase motorist awareness of signage. Photo Credits: Chokers/Pinchers – Dan Burden| Speed Feedback Sign - Richard DrdulBikewaysPedestrian RealmRoadwaysIntersections & CrossingsPlacemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;256 CHAPTER 5 Infrastructure Toolbox695.5 INTERSECTION AND CROSSING TREATMENTSPedestrian and bicycle crossings, either at intersections or mid-block, have multiple conflict points with vehicles which present safety concerns for roadway users. This section provides some design guidance for addressing common pedestrian/bicyclist crossing concerns, as well as some infrastructure treatments that could help to create a safer and more comfortable experience for pedestrians, bicyclists, and users of small mobile devices to cross the roadway. Consider appropriate design for uncontrolled pedestrian and bicycle crossings: An appropriate design will consider the surrounding context, roadway cross-section, volume of pedestrian and bicycle crossings, vehicular Average Daily Traffic, and prevailing speeds. Reducing the number of travel lanes and crossing distance for an uncontrolled crossing helps reduce pedestrian and bicyclist exposure in the roadway. Crossings may be enhanced with other treatments discussed in this section such as median refuge islands, advance yield lines, Rectangular Rapid Flashing Beacons (RRFB), Pedestrian Hybrid Beacons (HAWK signal), signalized crosswalks, and street lights.Maintain pedestrian and bicycle pavement markings: Develop a citywide program to identify faded/poorly maintained crosswalks and other pavement markings, and routinely maintain them. Improve sight distances at intersection corners and crosswalks: Use strategies such as prohibiting parking along the curb approaching the crosswalk and providing curb extensions (bulb-outs) that allow pedestrians and bicyclists to have better visibility of motorists. Add missing crosswalks at traffic signals: Conduct a study to evaluate for adding crosswalks at traffic signals where crosswalks are not provided across all legs of the signalized intersection. Improve pedestrian crossing times: Minimum crossing times are specified in the California MUTCD. Often the minimum times are present and adequate, but pedestrians may not fully understand the operation. Pedestrian Countdown Signals could better communicate how much time is left for pedestrians to cross. Bikeways Pedestrian Realm Roadways Intersections & Crossings Placemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;257 CITY OF SAN BERNARDINO Active Transportation Plan70Provide Pedestrian Push Buttons (PPBs) at appropriate locations: Pedestrian Push Buttons are generally prescribed to be located near the crosswalk and at a location that meets ADA requirements, and per MUTCD guidelines, preferably near the level landing. The location should be intuitive and generally allow for actuation while standing or waiting near the beginning of the crosswalk.Regulate Right Turn on Reds: Conduct a study to evaluate for Right Turn on Red restrictions and explore using the red turn arrows, extinguishable (blank out) message signs, or regular signs to seek compliance for the restrictions. Prohibiting right turns on red can improve safety for pedestrians. Mid-Block CrosswalkMidblock crosswalks facilitate crossings to places that people want to go but that are not well served by the existing traffic network.High Visibility CrosswalkHigh-visibility ladder crosswalks provide a designated walkway for pedestrians to cross from one side of a street to the other.Raised CrosswalkRaised crosswalks are elevated crosswalks that enable pedestrians to cross an intersection at the same level as the sidewalk, which increase their visibility while crossing. Curb Extension / Bulb-out Curb extensions visually and physically narrow the roadway, creating shorter crossings for pedestrians while increasing the available space for street furniture, benches, plantings, and street trees. Photo Credits: Mid-Block Crosswalk - Josh Mello | Raised Crosswalk - Jeff Gulden 5.5 INTERSECTION & CROSSING TREATMENTS (CONT.)BikewaysPedestrian RealmRoadwaysIntersections & CrossingsPlacemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;258 CHAPTER 5 Infrastructure Toolbox715.5 INTERSECTION & CROSSING TREATMENTS (CONT.)Scramble CrosswalkScramble crosswalks grant full pedestrian right-of-way in any direction, including diagonally. Curb RampA curb ramp is a ramp cutting through a curb or built up to it to provide a route to transition from a roadway to a curbed sidewalk and vice versa.Pedestrian Refuge IslandA pedestrian refuge island is a raised barrier in the center of the roadway that is typically filled with various types of foliage and serves as an aid to pedestrian movement by providing a protected space for pedestrians to cross the roadway. Bike BoxThe bike box is an intersection improvement design to prevent bicycle/vehicle collisions, especially between drivers turning right and bicyclists proceeding forward.Two-Stage Bicycle Turn BoxTwo-stage turn queue boxes offer bicyclists a way to make left turns at multi-lane signalized and unsignalized intersections from a cycle track or bike lane. Advanced Yield MarkingAdvanced yield lines are roadway markings that encourage drivers to slow down in advance when approaching a pedestrian crossing and provide guidance as to where drivers should wait while a pedestrian is crossing.Bikeways Pedestrian Realm Roadways Intersections & Crossings Placemaking Photo Credits: Advanced Yield markings – ATS Traffic | Bike Box - Caltrans | Two-Stage Bicycle turn Box – City of Cambridge, MA&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;259 CITY OF SAN BERNARDINO Active Transportation Plan725.5 INTERSECTION & CROSSING TREATMENTS (CONT.)Traffic DiverterTraffic diverters are implemented for the purpose of volume control and managing non-local residential traffic. They are designed as islands that guide through and/or turning movements.Traffic CircleTraffic circles, also known as mini roundabouts, feature a circular island in the center of an intersection. They are typically used at un-signalized intersections to help lower speeds, while still promoting a continuous flow of traffic.Roundabout A roundabout directs motorists into the intersection and guides counterclockwise travel around the circular island. Featuring yield controls for all approaches, roundabout designs typically include raised medians to channelize approaching traffic. Without unnecessary stops, they help slow vehicle speeds while better facilitating the flow of vehicle traffic, bicyclists, and pedestrians.Protected IntersectionA protected intersection redesigns the traditional mixing zone that persists where a bicycle lane ends and the right turn lane begins. The design places bicyclists in a separated channel from motor vehicles and pedestrians at the intersection, improving yield rates amongst all users of the intersection.Raised IntersectionRaised intersections are vertical elements that are places at intersections. They are similar to speed humps, speed tables, and other devices. Raised intersections create a slight obstruction to vehicles approaching an intersection, which force motorists to slow down and yield to pedestrians.Pedestrian Hybrid BeaconA pedestrian hybrid beacon (PHB) is used to increase motorists’ awareness of pedestrian crossings at an uncontrolled marked crosswalk location. It is only activated by pedestrians when needed.Photo Credits: Traffic Diverter – Adam Fukushima | Traffic Circle & Roundabout– Allan Crawford | Protected Intersection - (City) San Luis Obispo| Raised Intersection - FHWABikewaysPedestrian RealmRoadwaysIntersections & CrossingsPlacemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;260 CHAPTER 5 Infrastructure Toolbox735.5 INTERSECTION & CROSSING TREATMENTS (CONT.)Rectangular Rapid Flashing BeaconRectangular Rapid Flashing Beacons (RRFBs) are a type of active warning beacon that combines a pedestrian warning sign with user-activated light emitting diodes (LEDs). The device flashes amber when activated through a pedestrian push button or by pedestrian detection.Bicycle Detection & Push Buttons/ ActuationBicycle detection and push buttons are designed to alert the signal controller of a bicyclist on approach of and at the intersection. Actuation can be installed as push buttons or by automated means that include in-pavement loops, video detection, and microwave. Bicycle SignalBicycle signals facilitate safe bicyclist intersection crossings by restricting conflicting vehicle movements. Bicycle signal heads are standard three lens signal heads with green-yellow and red lenses that can be applied to signalized intersections and hybrid signal crossings. Leading Pedestrian (Bicycle) IntervalA leading pedestrian interval (LPI), also known as a "pedestrian head start" and "delayed vehicle green", gives pedestrians the opportunity to enter an intersection before vehicles. This allows for pedestrians to better establish their presence, lessening the chances of a vehicle-pedestrian conflict.Accessible Pedestrian SignalAn Accessible Pedestrian Signal (APS) unlike a conventional pedestrian push button, is more than a detection device, but also serves as a signal for visually-impaired pedestrians who rely on tactile or audio indications to determine when it is safe to enter a crosswalk.Photo Credits: Bicycle SIgnal - Google Streetview | Leading Pedestrian (Bicycle) Interval - City (Long Beach) / Bicycle Detection - San Diego CountyBikeways Pedestrian Realm Roadways Intersections & Crossings Placemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;261 CITY OF SAN BERNARDINO Active Transportation Plan745.6 PLACEMAKING“As both an overarching idea and a hands-on approach for improving a neighborhood, city, or region, placemaking inspires people to collectively reimagine and reinvent public spaces as the heart of every community.” - The Project for Public Spaces. Public streets, particularly in the pedestrian realm, offer immense opportunities for placemaking to occur in the City of San Bernardino. A street in a commercial area that is safe, comfortable, and inviting for pedestrians to walk could also act as a community space for people to gather, socialize, and collaborate when placemaking elements are supported by community members and integrated into the urban design, planning, and implementation processes. Many tools are available to build better places in the city’s pedestrian realms. The tools could be employed individually by the City, local businesses, community-based organizations, or individuals, or through a collaboration between multiple groups. Shown above is a mural in Downtown San Bernardino. The mural is an artwork series that lines a pedestrian walkway. Collectively, the artwork series helped to activate a forlorn alley, create a unique pedestrian experience, and contribute to a sense of place.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;262 CHAPTER 5 Infrastructure Toolbox75Creative CrosswalksCreative crosswalks provide visual cues to drivers and pedestrians with striking color and/or patterns, creating a unique crosswalk design. As a placemaking element, designs can be reflective of a theme or visual attributes that are identifiable to the community. The involvement of local artists in these projects can also create a greater sense of community pride.Artistic Bike RacksArtistic bike racks are designed with the functionality of a traditional bike rack, but with artistic elements that represent the community. They provide a unique placemaking aspect to the community. Similar to artistic crosswalks, the involvement of local artists can create a greater sense of community pride. Artistic Streetscaping & Painted IntersectionsArtist designed streetscapes may include artistic elements within traffic circles, bulb-outs, median, painted intersections, or designated pedestrian rest areas. These artistic elements can encourage community gathering and provide more opportunities for social, cultural and economic participation.ParkletsParklets convert on-street parking spaces into public open space and are a cost-effective way to activate streets, create more vibrant neighborhoods, and promote economic vitality. They can encourage walking and biking and create more attractive and inviting commercial districts.Pedestrian SeatingPublic seating creates a comfortable, usable, and active public environment where people can rest, socialize, read, or people-watch. It is an important element in creating sense of place within a community. Artistic benches/seating or identifiable pedestrian seating helps create spaces where people are encouraged to congregate locally. Wayfinding SignageWayfinding signage helps orient the community towards different destinations within the community.5.6 PLACEMAKING (CONT.)Photo Credits: Artistic Bike Racks – Art Works Cincinnati / Pedestrian Seating - Victor Vieillard/ Artistic Streetscaping & Painted Intersections – District Department of Transportation / Wayfinding Signage – Downtown Long Beach Alliance Bikeways Pedestrian Realm Roadways Intersections & Crossings Placemaking&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;263 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;264 06InfrastructureProjects&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;265 CITY OF SAN BERNARDINO Active Transportation Plan78 This chapter offers a set of infrastructure projects that the City could design and construct to help advance the Plan vision. It complements the goals and strategies discussed in Chapter 4: Strategy Recommendations, and Chapter 5: Infrastructure Toolbox. Infrastructure projects are categorized into two components: Active Transportation Network and Priority Project Factsheets. Active Transportation Network (ATN): The ATN is a citywide approach that identifies roadway corridors for active transportation improvements. Corridors along the ATN allow users to reach destinations across the City and regionally by foot and bike, with assistance from transit, through enhanced active transportation and traffic calming infrastructure improvements. An important component of the ATN is the Bicycle Network. The Bicycle Network identifies a network of bikeway facilities along with proposed bikeway classifications discussed in Chapter 5: Infrastructure Toolbox. Priority Project Factsheets: Factsheets were developed to provide high-level infrastructure recommendations for seven priority projects. The factsheets complement the ATN by giving more context and specific recommendations for the corridors. 6.1 INTRODUCTION The San Bernardino Active Transportation Network (ATN) is comprised of 175 corridors that encompass 239 miles of roadway. Figure 6.1: Active Transportation Network, shows the new San Bernardino ATN. The corridors were selected from input gathered through the community engagement effort, data collected and analyzed for the Existing Conditions Analysis (discussed in Chapter 3), discussions with the Technical Advisory Committee which includes members from Caltrans, San Bernardino County Transportation Authority (SBCTA), Omnitrans, Metrolink, and more, and leadership from city staff. The Active Transportation Network is envisioned to serve as the basis for a “Complete Streets” Network. At its core, “Complete Streets are streets for everyone” (National Complete Streets Coalition). In the last few decades, many streets have been designed to accommodate vehicles. Complete Streets principles place an emphasis on creating better streets for all roadway users. The Active Transportation Network serves as a starting point for a broader citywide effort for a Complete Streets Framework, which could be further discussed in the forthcoming General Plan update. The ATN is categorized into three types of corridors: • Multi-Modal Corridors:Corridors that provide regional connectivity to destinations outside of the City’s jurisdictions and regional points of interest within the City of San Bernardino. Multi-modal 6.2 ACTIVE TRANSPORTATION NETWORK &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;266 CHAPTER 6 Infrastructure Projects79corridors could support more than one mode: walking, biking, and/or transit. • Community Connectors:Corridors that offer connectivity to local destinations such as schools, parks, civic institutions, and commercial activities. Infrastructure treatments that could be installed along Community Connectors include traffic calming elements, bikeway facilities, and pedestrian treatments. • School Routes:Corridors that support safer routes to school. These are additional corridors that are not classified as a Multi-Modal Corridor or Community Connector. The San Bernardino ATN has 175 corridors, of which 27 corridors are Multi-modal Corridors, 112 are Community Connectors, and 36 are Safe School Routes. BICYCLE NETWORK The Bicycle Network is a citywide approach that identifies proposed bikeway infrastructure classifications along corridors in the Active Transportation Network. The Bicycle Network contains four types of classifications, as discussed in Chapter 5: Infrastructure Toolbox. In addition, it also contains a new classification called "neighborhood street". Corridors with this classification would include many types of traffic calming measures, akin to a Class III Bike Boulevard. The proposed Bicycle Network would add 167 miles of new bicycle facilities in the city.Table 6.1: Summary of Active Transportation Network and Table 6.2: Summary of Bicycle Network show an overview of the ATN and Bicycle Network. Maps of the ATN Network # of CorridorsTotal Length (Miles)Community Connector 112 146.82School Route36 20.70Multi-Modal Corridor27 71.80Total 175 239.32Table 6-1. Summary of Active Transportation NetworkBikeway Classification # of CorridorsTotal Length (Miles)Class I 5 4.13Class II44 68.05Class III7 4.29Class IV11 34.90Neighborhood Street52 55.10Total 119 166.47Table 6-2. Summary of Bicycle NetworkATN and Bicycle Network are illustrated in Figures 6.1: Active Transportation Network and 6.2: Bicycle Network. Table 6.3: ATN and Bicycle Network Corridors provides a list of the corridors in both networks. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;267 CITY OF SAN BERNARDINO Active Transportation Plan80Figure 6-1. Active Transportation Network &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;268 CHAPTER 6 Infrastructure Projects81Figure 6-2. Bicycle Network&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;269 CITY OF SAN BERNARDINO Active Transportation Plan82Table 6-3. ATN and Bicycle Network corridors Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Baseline St Meridian Ave Del Rosa Dr 6.65 Multi-Modal Corridor Class IV 1, 2, 6Waterman Ave Rim of the World HighwayBarton Rd/Washington St10.40 Multi-Modal Corridor Varies 1, 2, 3, 4, 7(Segment 1) Rim of the World HighwayOrange Show Rd 8.05 Multi-Modal Corridor _ 1, 2, 3, 4, 7(Segment 2) Orange Show RdBarton Rd/Washington St2.35 Multi-Modal Corridor Class II 3Metrolink Wy 3rd St 2nd St 0.08 Community ConnectorNeighborhood Street 19th St Pennsylvania Ave Del Rosa Dr 5.28 Community ConnectorClass II 1, 2, 6Sierra Wy Northern Terminus Mill St 7.19 Multi-Modal Corridor Neighborhood Street 1, 2, 4. 75th St Foothill Blvd Waterman Ave 3.75 Community Connector/Multi-Modal CorridorVaries 1, 6(Segment 1) Foothill BlvdFlores St 0.40 Community ConnectorClass II 1, 6(Segment 2) Flores StGardena St 0.08 Community ConnectorClass III 1(Segment 3)Gardena StWaterman Ave 3.27 Multi-Modal Corridor Class II 1E St Mill St Kendall Dr 5.43 Multi-Modal Corridor Neighborhood Street 1, 2, 3, 5, 7Highland Ave Macy St Boulder Ave 9.80 Multi-Modal Corridor Class IV 2, 4, 6, 7&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;270 CHAPTER 6 Infrastructure Projects83Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Highland Ave Connector670' W/O Davidson AveDavidson Ave 0.15 Community ConnectorClass I 23rd St D St Waterman Ave 0.91 Community ConnectorNeighborhood Street 1D St Highland Ave Rialto Ave 2.94 Community ConnectorVaries 1, 2(Segment 1)Highland Ave9th St 1.69 Community ConnectorNeighborhood Street 2(Segment 2) 9th StRialto Ave 1.25 Community ConnectorClass IV 12nd St Mt Vernon Ave Mountain View Ave 1.83 Community ConnectorClass II 1Mt Vernon Ave Highland Ave Grant Ave 4.36 Multi-Modal Corridor Varies 1, 3, 6(Segment 1)Highland AveCajon Blvd 0.27 Multi-Modal Corridor Class II 6(Segment 2) Cajon Blvd5th St 2.13 Multi-Modal Corridor Class IV 1, 6(Segment 3) 5th St2nd St 0.47 Multi-Modal Corridor Class II 1, 3(Segment 4)2nd StGrant Ave 1.49 Multi-Modal Corridor Class IV 1, 3&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;271 CITY OF SAN BERNARDINO Active Transportation Plan84Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Mountain View Ave50th St Rialto Ave 5.98 Community ConnectorVaries 1, 2, 4, 7(Segment 1) 50th St Electric Ave 1.16 Community ConnectorNeighborhood Street 4(Segment 2)Edgerton AveHighland Ave 2.03 Community ConnectorExisting Class II 4, 7(Segment 3)Highland Ave6th St 2.16 Community ConnectorClass IV 1, 2(Segment 4)6th St3rd St 0.47 Community ConnectorClass II 1(Segment 5)2nd StRialto Ave 0.16 Community ConnectorClass II 1Mountain View Ave Connector3rd St 2nd St 0.16 Community ConnectorClass I 14th St H St Arrowhead Ave 0.78 Community ConnectorNeighborhood Street 1Court St E St Arrowhead Ave 0.32 Community ConnectorNeighborhood Street 1G St 34th St Inland Center Dr 4.95 Varies Varies 1, 2, 3, 5, 7(Segment 1)34th St30th St 0.52 School Route - 5(Segment 2)28th St4th St 3.01 Community ConnectorNeighborhood Street 1, 2, 7(Segment 3)3rd StRialto Ave 0.40 Community ConnectorClass II 1(Segment 4)Rialto AveInland Center Dr 1.02 Community ConnectorExisting Class II 3&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;272 CHAPTER 6 Infrastructure Projects85Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)7th St Garcia St E St 1.30 School Route - 1Rialto Ave Eucalyptus Ave Tippecanoe Ave 6.79 Varies Varies 1, 3, 6(Segment 1)Eucalyptus AvePacific Electric Trail 2.47 Community ConnectorClass II 3, 6(Segment 2)Pacific Electric TrailG St 1.61 Multi-Modal Corridor Class IV 1, 3(Segment 3)G StE St 0.32 Multi-Modal Corridor Existing Class II 1, 3(Segment 4)E StCreekside Apartment Homes1.38 Multi-Modal Corridor Class IV 1(Segment 5)Creekside Apartment HomesTippecanoe Ave 1.01 Community ConnectorClass III 1Medical Center Dr27th St 5th St 2.64 Varies Varies 1, 6(Segment 1)27th StHighland Ave 0.32 School Route Neighborhood Street 6(Segment 2)Highland Ave5th St 2.32 Community ConnectorClass II 1, 66th St H St Victoria Ave 2.75 Community ConnectorNeighborhood Street 1I St 3rd St Inland Center Dr 1.77 Community ConnectorNeighborhood Street1, 3&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;273 CITY OF SAN BERNARDINO Active Transportation Plan86Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)H St 56th St 3rd St 4.46 Varies Varies 1, 2, 4, 5(Segment 1)56th StNorthpark Blvd 0.20 School Route _ 4, 5(Segment 2)Northpark Blvd48th St 0.76 Community ConnectorNeighborhood Street 4(Segment 3)30th St3rd St 3.50 Community ConnectorClass II 1, 2, 58th St H St Sierra Way 1.09 Community ConnectorNeighborhood Street 1Mill St Bordwell Ave Tippecanoe Ave 5.69 Community ConnectorClass II 1, 3Arrowhead Ave Edgerton Dr Orange Show Rd 3.34 Community ConnectorVaries 1, 3, 4, 7(Segment 1)Edgerton DrThompson Pl 0.24 Community ConnectorNeighborhood Street 4, 7(Segment 2)Thompson Pl28th St 1.32 Community ConnectorExisting Class II 7(Segment 3)Rialto AveOrange Show Rd 1.78 Community ConnectorClass II 1, 3Gilbert St Waterman Ave Perris Hills Park Rd 0.91 Community ConnectorVaries 2(Segment 1)Waterman AveAnton Ct 0.68 Community ConnectorNeighborhood Street 2(Segment 2)Anton CtPerris Hills Park Rd 0.23 Community ConnectorClass II 2&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;274 CHAPTER 6 Infrastructure Projects87Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)F St Northpark Blvd 4th St 1.37 Varies Varies 1, 4(Segment 1)Northpark Blvd48th St 0.42 School Route _4(Segment 2)9th St4th St 0.95 Community ConnectorNeighborhood Street1Allen St Rialto Ave Valley St 0.42 School Route Neighborhood Street 1K St Rialto Ave Hillcrest Ave 1.51 Community ConnectorNeighborhood Street 3Thompson Pl Thompson Pl Mountain View Ave 0.16 Community ConnectorClass II 4, 7Del Rosa Ave 39th St Del Rosa Ave/City Boundary2.43 Community ConnectorVaries 1, 2, 4, 7(Segment 1)39th StLynwood Dr 1.21 Community ConnectorClass II 4, 7(Segment 2)Lynwood DrHighland Ave 0.92 Community ConnectorClass IV 4, 7(Segment 3)Highland AveDel Rosa Ave/City Boundary0.30 Community ConnectorClass II 1, 2L St Baseline St Rialto Ave 1.24 Community ConnectorVaries 1, 6(Segment 1)Baseline St5th St 1.09 Community ConnectorNeighborhood Street 1, 6(Segment 2)2nd StRialto Ave 0.15 Community ConnectorClass II 1&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;275 CITY OF SAN BERNARDINO Active Transportation Plan88Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)16th St California St Crestview Ave 4.00 Community ConnectorNeighborhood Street 1, 2, 6Inland Center Dr Mill St City Boundary 1.33 Multi-Modal Corridor Varies 3(Segment 1)Mill StAdell St 0.57 Multi-Modal Corridor Existing Class I 3(Segment 2)Adell StI St 0.40 Multi-Modal Corridor Class I 3(Segment 3)I StCity Boundary 0.36 Multi-Modal Corridor Existing Class I 3Vanderbilt Way Waterman Ave Carnegie Dr 0.28 Community ConnectorNeighborhood Street 313th St H St Sierra Wy 1.09 School Route _ 2Grant Ave Mt Vernon Ave I St 0.75 Community ConnectorNeighborhood Street 3Gould St Tippecanoe Ave Richardson St 0.61 Community ConnectorNeighborhood Street 3Valencia St Olive St 9th St 0.23 School Route _ 1Date St Golden Ave Arden Ave 1.50 Community ConnectorNeighborhood Street 4, 7Golden Ave 40th St Golden Ave 1.79 Community ConnectorNeighborhood Street 4, 7Sterling Ave Lynwood Dr Date St 0.45 School Route Neighborhood Street 4Esperanza St Mt Vernon Ave K St 0.43 School Route _ 3&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;276 CHAPTER 6 Infrastructure Projects89Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)40th St Kendall Dr Mountain Ave 3.44 Community ConnectorClass II 427th St California St H St 1.51 Varies Varies 2, 6(Segment 1)California StMedical Center Dr 0.61 School Route _ 6(Segment 2) Little Mountain DrH St 0.90 Community ConnectorClass II 2Parkdale Dr Mountain View Ave Valencia Ave 1.01 Community ConnectorVaries 4, 7(Segment 1)Mountain View AveSierra Wy 0.14 Community ConnectorClass II 4, 7(Segment 2) Sierra WyValencia Ave 0.87 Community ConnectorExisting Class II 4, 7Mountain Ave 39th St Lynwood Dr 1.22 Community ConnectorNeighborhood Street 4, 7Pumalo St Golden Ave Arden Ave 1.55 Community ConnectorNeighborhood Street 4, 726th St/Courtland DrG St E St 0.37 School Route _ 7Carnegie Dr Hospitality Ln Hospitality Ln 0.67 Community ConnectorNeighborhood Street 3La Junta St Baseline St Olive St 0.24 School Route _ 1Crestview Ave Highland Ave Baseline St 1.22 Community ConnectorNeighborhood Street 2&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;277 CITY OF SAN BERNARDINO Active Transportation Plan90Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Perris Hills Park Rd21st St Gilbert St 0.64 Community ConnectorClass II 221st St Arrowhead Ave Perris Hill Park Rd 1.44 Community ConnectorClass II 2Central Ave Highland Ave Tippecanoe Ave 2.83 Community ConnectorVaries 1, 3, 4(Segment 1)Highland AveCity Boundary 0.76 Community ConnectorNeighborhood Street 4(Segment 2)Arrowhead AveTippecanoe Ave 2.07 Community Connector_ 1, 3Eureka St Mountain Ave Del Rosa Ave 0.30 School Route - 4Harrison St 40th St Lynwood Dr 1.53 Community ConnectorNeighborhood Street 4, 7Orange Show RdE St Tippecanoe Ave 2.44 Community ConnectorClass II 3Olive St Mountain View Ave Valencia St 1.09 School Route - 1, 2Macy St Etiwanda Ave Foothill Blvd 0.68 Community ConnectorNeighborhood Street 6Pacific Electric TrailPepper Ave Muscott Ave 2.17 Community ConnectorClass I 3, 6Lynwood Dr 30th St Victoria Ave 2.41 Multi-Modal Corridor Class II 4, 7Mountain Dr Northpark Blvd Hill Dr 0.31 Community ConnectorNeighborhood Street 4&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;278 CHAPTER 6 Infrastructure Projects91Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Eureka Ave Walnut St Esperanza St 0.54 School Route _ 3Tippecanoe Ave Baseline St I-10 3.33 Community ConnectorClass II 1, 3Brier Dr Carnegie Dr Tippecanoe Ave 1.35 Community ConnectorNeighborhood Street 3Marshall Blvd Little Mountain Dr Rockford Ave 4.57 Community ConnectorNeighborhood Street 4, 5, 7Pepper Ave Foothill Blvd Randall Ave 1.82 Community ConnectorClass II 3, 6Colton Ave Hillcrest Ave I St 0.08 Community ConnectorNeighborhood Street 3Meridian Ave Madrona St Randall Ave 2.55 Community ConnectorNeighborhood Street 3, 6Electric Ave Northpark Blvd Edgerton Dr 1.26 Community ConnectorClass I 428th St H St 100' E/O San Gabriel St2.10 Community ConnectorClass II 2, 7&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;279 CITY OF SAN BERNARDINO Active Transportation Plan92Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Valencia Ave 40th St Baseline St 3.04 Varies Varies 2, 7(Segment 1)40th St30th St 1.64 Community ConnectorExisting Class II 7(Segment 2)30th St21st St 0.94 Community ConnectorClass II 2, 7(Segment 3)Gilbert StBaseline St 0.46 School Route _ 2Harriman Pl Hospitality Ln Tippecanoe Ave 0.64 Community ConnectorClass II 330th St Little Mountain Dr Lynwood Dr 3.53 Multi-Modal Corridor Class II 5, 7Kendall Dr Palm Ave E St 5.74 Multi-Modal Corridor _ 4, 5, 7(Segment 1)Palm AveF St/Shandin Hills Cir4.71 Multi-Modal Corridor Existing Class II 4, 5(Segment 2) F St/Shandin Hills CirE St 1.03 Multi-Modal Corridor Neighborhood Street 4, 5, 7Pacific St Perris Hills Park Rd Boulder Ave 3.27 Community ConnectorClass II 2, 4, 7Hospitality Ln E St Tippecanoe Ave 2.40 Community ConnectorClass II 3Cajon Blvd Palm Ave Mt Vernon Ave 3.87 Community ConnectorClass IV 623rd St Miramonte Dr 670' W/O Davidson Ave0.15 Community ConnectorClass II 2&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;280 CHAPTER 6 Infrastructure Projects93Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Little Mountain DrNorthpark Blvd 27th St 3.64 Community ConnectorClass IV 2, 5Guthrie St Highland Ave Pacific St 0.62 School Route _ 7University Pkwy Northpark Blvd Cajon Blvd 2.11 Multi-Modal Corridor Varies 5, 6(Segment 1)Northpark BlvdVarsity Ave 1.22 Multi-Modal Corridor Existing Class II 5(Segment 2)Varsity AveCajon Blvd 0.89 Multi-Modal Corridor Class II 5, 6Arden Ave Marshall Blvd Southern Terminus 1.60 Varies Neighborhood Street 4, 7(Segment 1)Marshall BlvdPacific St 1.19 Community ConnectorNeighborhood Street 4, 7(Segment 2)Pacific StSouthern Terminus 0.41 School Route Neighborhood Street 7Foothill Dr Del Rosa Ave Mesquite Dr 1.37 Community ConnectorNeighborhood Street 4Genevieve St 40th St Parkdale St 0.51 School Route _ 448th St Kendall Dr Electric Ave 1.44 Community ConnectorNeighborhood Street 4, 5Northpark Blvd Electric Ave Campus Pkwy 3.49 Multi-Modal Corridor Existing Class II 4, 5California St Cajon Blvd Baseline St 2.63 Community ConnectorNeighborhood Street 6&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;281 CITY OF SAN BERNARDINO Active Transportation Plan94Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Victoria Ave Lynwood Dr Highland Ave 0.92 Community ConnectorNeighborhood Street 4Palm Ave (E) Piedmont Dr Pacific St 1.09 Community ConnectorVaries 4(Segment 1)Piedmont DrHighland Ave 0.49 Community ConnectorClass III 4(Segment 2)Highland Ave20th St 0.18 Community ConnectorClass II 4(Segment 3)20th StAtlantic Ave 0.13 Community ConnectorClass III 4(Segment 4)Atlantic AvePacific St 0.29 Community ConnectorClass II 438th St Waterman Ave Parkside Dr 0.14 School Route Neighborhood Street 7State St Sheridan Rd University Pkwy 0.67 School Route _ 5Eucalyptus Ave Rialto Ave Randall Ave 1.21 Community ConnectorNeighborhood Street 3, 635th St Harrison St Golden Ave 0.15 Community ConnectorNeighborhood Street 7Piedmont Dr Yuma Dr Diablo Dr 2.35 Community ConnectorNeighborhood Street 4Pennsylvania Ave16th St Baseline St 0.78 School Route Neighborhood Street 6Windsor St, Lakewood Dr, Morgan Rd State St Little Mountain Dr 1.21 School Route _ 5&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;282 CHAPTER 6 Infrastructure Projects95Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)14th St Mt Vernon Ave Massachusetts Ave 0.37 School Route Neighborhood Street 644th St D St Electric Ave 0.19 Community ConnectorNeighborhood Street 4Fountain Ave Sonora St 39th St 0.22 Community ConnectorClass III 4Massachusetts Ave21st St Baseline St 1.25 Community ConnectorNeighborhood Street 5Darby St California St Cajon Blvd 0.41 Community ConnectorNeighborhood Street 615th St California St Pennsylvania Ave 0.26 School Route Neighborhood Street 610th St Mt Vernon Ave Montgomery St 0.69 School Route Neighborhood Street 1, 6Del Rosa Dr Baseline St 6th St 0.94 Community ConnectorClass II 150th St Electric Ave Mountain View Ave 0.13 Community ConnectorNeighborhood Street 4Garner Ave 18th St Baseline St 0.61 School Route Neighborhood Street 6Windsor Dr Gilbert St Baseline St 0.46 Community ConnectorNeighborhood Street 219th St California St Medical Center Dr 0.59 School Route _ 639th St Mountain Ave Del Rosa Ave 0.30 Community ConnectorClass III 4&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;283 CITY OF SAN BERNARDINO Active Transportation Plan96Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)11th St Madison St L St 1.13 School Route _ 6Miramonte Dr Marshall Blvd 23rd St 0.89 Community ConnectorVaries 2, 5(Segment 1)Marshall BlvdLittle Mountain Dr 0.63 Community ConnectorNeighborhood Street 2, 5(Segment 2)27th St23rd St 0.26 Community ConnectorClass II 2Etiwanda Ave Pepper Ave Macy St 0.82 Community ConnectorNeighborhood Street 641st St F St D St 0.30 Community ConnectorNeighborhood Street 4Citrus St Victoria Ave Bangor Ave 0.44 School Route _ 4Muscupiabe Dr Marshall Blvd 21st St 2.04 Community ConnectorNeighborhood Street 2, 5Campus Pkwy Kendall Dr Northpark Blvd 0.88 Multi-Modal CorridorExisting Class II 5Hill Dr Western Ave H St 0.87 School Route _ 4Belle St 29th St 28th St 0.14 School Route _ 7Pine Ave Kendall Dr Ohio Ave 1.14 Community ConnectorClass II 5Irvington Ave Magnolia Ave Pine Ave 1.61 Multi-Modal CorridorNeighborhood Street 5&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;284 CHAPTER 6 Infrastructure Projects97Table 6-3. ATN and Bicycle Network corridors (Cont.) Street From To Length(Miles)Proposed ATN NetworkProposed Bike ClassificationWard (s)Richardson St San Bernardino Ave I-10 0.92 Community ConnectorNeighborhood Street3Mayfield Ave Northpark Blvd 48th St 0.31 School Route _4Davidson Ave Colima Rd 27th St 0.38 School Route _2Parkside Dr 40th St 30th St 1.59 School Route _7Little League Dr I-215 Belmont Ave 0.53 Community ConnectorNeighborhood Street5Devils Canyon RdBadger Canyon Rd N Campus Pkwy 0.14 Community ConnectorClass II5Magnolia Ave Belmont Ave Irvington Ave 0.29 Multi-Modal Corridor Neighborhood Street5Belmont Ave Little League Dr Pine Ave 1.92 Community ConnectorClass II5Palm Ave (E) Verdemont Dr Cajon Blvd 2.06 Community ConnectorClass III5, 6&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;285 CITY OF SAN BERNARDINO Active Transportation Plan98Factsheets were developed for seven priority corridors. Each factsheet contains planning-level recommendations that could be completed in the short term. Of the seven projects, two are identified as regional corridors and five are considered local corridors. Regional corridors not only provide connectivity throughout the city but also facilitate the movement of people and goods across the region. Meanwhile, local corridors offer connectivity primarily to destinations within the city, with some destinations to adjacent municipalities. Factsheets for the two regional corridor projects contain photorealistic renderings and concept plans, in addition to planning-level recommendations. The projects were selected using the ranked corridors list from the project prioritization analysis as a starting point (which will be further discussed in Chapter 7: Implementation Strategy). The final selection included a variety of factors such as even distribution of projects across the City’s seven wards, connectivity to local and regional destinations, and feasible implementation in the near-term future. Collectively, the selected corridors would improve safety, and provide more accessible and more connected active transportation routes for San Bernardino community members to traverse through the city to reach local and regional destinations. 6.3 PRIORITY PROJECT FACTSHEETSThe seven priority projects include: • Highland Avenue Corridor (Regional Corridor) • Waterman Avenue Corridor (Regional Corridor)• Little Mountain Road – Mt. Vernon Avenue (Local Corridor)• Baseline Street Corridor (Local Corridor)• Electric Avenue – Mountain View Avenue Corridor (Local Corridor)• Rialto Avenue – Pacific Electric Trail Corridor (Local Corridor) • Little League Drive – Belmont Avenue Corridor (Local Corridor) Additional studies would be needed to determine the actual feasibility of the recommendations. These studies include, but are not limited to, the following:• Drainage Studies • Warrant Studies and Traffic Volume Reviews • In-Depth Collision Analysis • Pedestrian and Bike Activity/ Volume Reviews • Truck Turning TemplatesThe context surrounding the corridors may change over time (e.g. new development, changes in land uses, vehicle volumes, etc.) As such, it is important to continually evaluate the existing conditions to identify the best design alternative.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;286 CHAPTER 6 Infrastructure Projects99HIGHLAND AVENUE CORRIDORProject Location The Highland Avenue Corridor extends from Macy Street to Boulder Avenue along Highland Avenue in the east/west direction. It provides connectivity to the City of Rialto to the west, the City of Highland to the east, and some unincorporated areas of San Bernardino County. The corridor is classified as a Major Arterial in the 2015 General Plan, and it is predominately characterized by commercial land uses. Local destinations that the corridor offers access to include Arrowview Middle School, Dignity Health - St. Bernardine Medical Center, and Perris Hill Park. High Visibility CrosswalkSidewalk and Shade TreesClass II Bike LaneSAMPLE OF RECOMMENDED INFRASTRUCTURE IMPROVEMENTS &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;287 CITY OF SAN BERNARDINO Active Transportation Plan100Existing Conditions: Highland Avenue at N. F StreetSample Rendering of Proposed Improvements: Highland Avenue at N. F Street&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;288 CHAPTER 6 Infrastructure Projects101Sample Concept Plan: Highland Avenue at N. G Street, N. F Street, and N. E Street intersections&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;289 CITY OF SAN BERNARDINO Active Transportation Plan102PROPOSED IMPROVEMENTSCurb Ramps: Install new ADA-compliant curb ramps at locations where new crosswalks are provided.Install new ADA-compliant curb ramps at the northeast and southwest corners at Muscupiabe Drive; southwest and northeast corners at Lugo Avenue; southwest, southeast, and northeast corners at Sepulveda Avenue; southeast corner at Golden Avenue; southwest corner at Merito Place; and southwest corner at Valaria Drive.Sidewalks: Complete the sidewalk network gap on both sides between State Street and California Street; both sides between California Street and Medical Center Drive; both sides between Mountain Avenue and Del Rosa Avenue; north side of Highland Avenue, east of Del Rosa Avenue, at storm water channel; south side of Highland Avenue, west of Merito Place; north side of Highland Avenue, west of Eucalyptus Drive; south side of Highland Avenue, west of Valaria Drive; south side of Highland Avenue at Rockford Avenue; and both sides between Victoria Avenue and Boulder Avenue. Bike Facilities: In the near-term, install Class II Bike Lanes along the entire corridor. In the long-term install Class IV Separated Bike Lanes along the corridor, pending potential right-of-way availability. Transit Stop Improvements: Improve transit stop areas with bus shelters and amenities throughout the corridor.High Visibility Crosswalks: Install high visibility continental crosswalks at all existing crossing locations throughout the corridor, especially at yellow school crosswalks.Evaluate traffic operations at Mt. Vernon Avenue to assess the addition of a pedestrian crosswalk at the north leg of the intersection.Leading Pedestrian Interval (LPI): Install a leading pedestrian interval phase at signalized intersections to increase pedestrian visibility at crossings for motorists by giving pedestrians a head start in crossing the roadway before vehicles receive the green phase for the adjacent movement. Speed Feedback Sign: Install speed feedback signs to increase awareness to motorists traveling at higher than the posted speed limit &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;290 CHAPTER 6 Infrastructure Projects103and encourage motorists to reduce speeds.Pedestrian HAWK Signal: Install pedestrian High-Intensity Activated crossWalk (HAWK) signal at marked mid-block pedestrian crossings by using a red indication to inform motorists to stop and to facilitate the crossing of pedestrians - increasing the safety of pedestrians crossing major corridors.Advance Stop Bars: Install advance stop bars at all signalized intersection approaches where a crosswalk is present. Advance Yield Lines: Evaluate and install advance yield lines and appropriate signage at the northbound right turn slip lane for motorists to yield to pedestrians crossing.Street Trees: Install new street trees where existing or planned right-of-way allows to provide shade and a more pleasant experience for pedestrians along the corridor. Coordinate with developers to require new shade tree installations adjacent to new development projects. Provide street trees throughout the corridor where new sidewalk is installed and where existing sidewalk exists but no shade trees are present to fill the gaps within the corridor.Corridor-wide Improvements/Maintenance: Evaluate corridor sidewalk network to identify, remove, and/or relocate obstructions in the sidewalk areas to provide at minimum 4 feet of unobstructed sidewalk area for pedestrians of all abilities. Evaluate traffic signal timing to adjust/improve pedestrian crossing times, as needed.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;291 CITY OF SAN BERNARDINO Active Transportation Plan104WATERMAN AVENUE CORRIDORProject Location The Waterman Avenue Corridor runs between Rim of the World Highway to Barton Road on Waterman Avenue in the north/south direction. According to the 2015 General Plan, it is classified as a Major Arterial. It is comprised of single-family residential land uses north of Baseline Avenue and light industrial land uses to the south of it. The corridor provides access to many local destinations which includes: Wildwood Dog Park, Golden Valley Middle School, Parkside Elementary School, Horine Park, Wilson Elementary School, Dignity Health - St. Bernardine Medical Center, E Neal Roberts Elementary School, Sierra High School, H. Frank Dominguez Elementary School, and Norton Science and Language Academy. RECOMMENDED INFRASTRUCTURE IMPROVEMENTS Lead Pedestrian IntervalPedestrian Hybrid Beacon (HAWK)Speed Feedback SignPhoto Credits: Speed Feedback Sign - Richard Drdul&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;292 CHAPTER 6 Infrastructure Projects105Existing Conditions: Waterman Avenue and E 40th StreetSample Rendering of Proposed Improvements: Waterman Avenue and E 40th Street&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;293 CITY OF SAN BERNARDINO Active Transportation Plan106Sample Concept Plan: Waterman Avenue and E 40th Street&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;294 CHAPTER 6 Infrastructure Projects107PROPOSED IMPROVEMENTSCurb Ramps: Install new ADA-compliant curb ramps at locations where new crosswalks are provided.Install new ADA-compliant curb ramps at the northwest and southwest corners at Rialto Avenue; northeast and southeast corners at 2nd Street; northwest, northeast, and southeast corners at 4th Street; southwest and southeast corners at 5th Street; southeast corner for south leg crossing at 16th Street; southeast corner at 18th Street; southeast corner at 21st Street; northwest and southwest corners at 27th Street; southwest, northeast, and southeast corners at 29th Street; and northwest corner at Marshall Boulevard.Sidewalks: Complete the sidewalk network gap on the east side from Barton Road to Wier Road; east side from Caroline Street to Redlands Boulevard; both sides from Redlands Boulevard to Hospitality Lane; both sides between Redlands Boulevard and Hospitality Lane; and east side from Santa Ana River bridge to Parkcenter Circle. Transit Stop Improvements: Improve transit stop areas with bus shelters and amenities throughout the corridor.High Visibility Crosswalks: Install high visibility continental crosswalks at all existing crossing locations throughout the corridor, especially at yellow school crosswalks.Leading Pedestrian Interval (LPI): Install a leading pedestrian interval phase at signalized intersections to increase pedestrian visibility at crossings for motorists by giving pedestrians a head start in crossing the roadway before vehicles receive the green phase for the adjacent movement. Speed Feedback Sign: Install speed feedback signs to increase awareness to motorists traveling at higher than the posted speed limit and encourage motorists to reduce speeds.Pedestrian HAWK Signal: Install pedestrian High-Intensity Activated crossWalk (HAWK) signal at marked mid-block pedestrian crossings by using a red indication to inform motorists to stop and to facilitate the crossing of pedestrians - increasing the safety of pedestrians crossing major corridors.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;295 CITY OF SAN BERNARDINO Active Transportation Plan108Advance Stop Bars: Install advance stop bars at all signalized intersection approaches where a crosswalk is present. Advance Yield Lines: Evaluate and install advance yield lines and appropriate signage at the northbound right turn slip lane for motorists to yield to pedestrians crossing.Street Trees: Install new street trees where existing or planned right-of-way allows to provide shade and a more pleasant experience for pedestrians along the corridor. Coordinate with developers to require new shade tree installations adjacent to new development projects. Provide street trees throughout the corridor where new sidewalk is installed and where existing sidewalk exists but no shade trees are present to fill the gaps within the corridor.Corridor-wide Improvements/Maintenance: Evaluate corridor sidewalk network to identify, remove, and/or relocate obstructions in the sidewalk areas to provide at minimum 4 feet of unobstructed sidewalk area for pedestrians of all abilities. Evaluate traffic signal timing to adjust/improve pedestrian crossing times, as needed.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;296 CHAPTER 6 Infrastructure Projects109LITTLE MOUNTAIN ROAD- MT. VERNON AVENUE CORRIDORProject Location The Little Mountain Drive- Mt. Vernon Avenue Corridor runs along Little Mountain Drive, 27th Street, and Mt. Vernon Avenue. It begins at Northpark Boulevard and terminates at Grant Avenue in the southern boundary with the City of Colton. According to the 2015 General Plan, the corridor is classified as a Secondary Arterial from Northpark Boulevard to 27th Avenue, Local Street from 27th Avenue to Highland Avenue, and Major Arterial from Highland Ave to Grant Ave. The land uses along the corridor include open space/ planned single-family residential and commercial/industrial by the railyard. The corridor offers connectivity to many destinations, including Blair Park, San Bernardino Valley College, and Cal State San Bernardino. Street TreesCurb RampClass IV On-Street Separated Bike LaneRECOMMENDED INFRASTRUCTURE IMPROVEMENTS &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;297 CITY OF SAN BERNARDINO Active Transportation Plan110PROPOSED IMPROVEMENTSCurb Ramps: Install new ADA-compliant curb ramps at locations where new crosswalks are provided.Sidewalks: Complete the sidewalk network to address gaps.High Visibility Crosswalks: Install high visibility continental crosswalks at all existing crossing locations throughout the corridor, especially at yellow school crosswalks.Bicycle Facilities: In the near-term, install Class II Bike Lanes along the entire corridor. In the long-term, install Class IV Separated Bike Lanes along the corridor, pending potential right-of-way availability. Transit Stop Improvements: Improve transit stop areas with bus shelters and amenities throughout the corridor.Leading Pedestrian Interval (LPI): Install a leading pedestrian interval phase at signalized intersections to increase pedestrian visibility at crossings for motorists by giving pedestrians a head start in crossing the roadway before vehicles receive the green phase for the adjacent movement. Speed Feedback Sign: Install speed feedback signs to increase awareness to motorists traveling at higher than the posted speed limit and encourage motorists to reduce speeds.Pedestrian HAWK Signal: Install pedestrian High-Intensity Activated crossWalk (HAWK) signal at marked mid-block pedestrian crossings by using a red indication to inform motorists to stop and to facilitate the crossing of pedestrians - increasing the safety of pedestrians crossing major corridors.Advance Stop Bars: Install advance stop bars at all signalized intersection approaches where a crosswalk is present. Advance Yield Lines: Evaluate and install advance yield lines and appropriate signage at the northbound right turn slip lane for motorists to yield to pedestrians crossing.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;298 CHAPTER 6 Infrastructure Projects111Street Trees: Install new street trees where existing or planned right-of-way allows to provide shade and a more pleasant experience for pedestrians along the corridor. Coordinate with developers to require new shade tree installations adjacent to new development projects. Provide street trees throughout the corridor where new sidewalk is installed and where existing sidewalk exists but no shade trees are present to fill the gaps within the corridor.Corridor-wide Improvements/Maintenance: Evaluate corridor sidewalk network to identify, remove, and/or relocate obstructions in the sidewalk areas to provide at minimum 4 feet of unobstructed sidewalk area for pedestrians of all abilities. Evaluate traffic signal timing to adjust/improve pedestrian crossing times, as needed.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;299 CITY OF SAN BERNARDINO Active Transportation Plan112BASELINE STREET CORRIDORProject Location The Baseline Corridor begins at Meridian Avenue and terminates at Del Rosa Drive, along Baseline Avenue in the east/west direction. The corridor is classified as a Major Arterial in the 2015 General Plan, and it is primarily comprised of commercial land uses. Local destinations that the corridor provides access to include Anne Shirrells Park, Rio Vista Elementary School, Dr. Martin Luther King Jr. Middle School, Arroyo Valley High School, Graciano Gomez Elementary School, Riley Elementary School, Lincoln Elementary School, and Curtis Middle School. Curb RampSidewalkClass IV On-Street Separated Bike LaneRECOMMENDED INFRASTRUCTURE IMPROVEMENTS &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;300 CHAPTER 6 Infrastructure Projects113PROPOSED IMPROVEMENTSCurb Ramps: Install new ADA-compliant curb ramps at locations where new crosswalks are provided.Install new/redesign ADA-compliant curb ramps at the southwest and southeast corners of Meridian Avenue; northeast, southwest, and southwest corners of California; southeast corner of Tiajuna Street; southwest corner of Ramona Avenue; all corners of Western Avenue; all corners of Massachusetts Avenue; west signal and east signal of Perris Street; northwest corner of Berkeley Avenue; southwest and southeast corners of La Junita Street; northwest and northeast corners of Valencia Avenue; northwest and northeast corners of Cedar Street; southwest and southeast corners of Belvan Ave; northeast corner of Fairfax Drive; northwest and northeast corners of Dwight Way; northwest corner of Yates Street; and southwest corner of Del Rosa Drive.Sidewalks: Complete the sidewalk network gap on both sides between Meridian Avenue to California Street; south side between Perris Hills Road to Tippecanoe Avenue; both sides from Conejo Drive to easterly flood channel; north side east of Dwight Way; north side west of Glasgow Avenue; north side from the storm drain on 1528 Baseline Avenue; and south side, west of Del Rosa Avenue. Bicycle Facilities: In the near-term, install Class II Bike Lanes along the entire corridor. In the long-term, install Class IV Separated Bike Lanes along the corridor, pending potential right-of-way availability. Transit Stop Improvements: Improve transit stop areas with bus shelters and amenities throughout the corridor.High Visibility Crosswalks: Install high visibility continental crosswalks at all existing crossing locations throughout the corridor, especially at yellow school crosswalks.Leading Pedestrian Interval (LPI): Install a leading pedestrian interval phase at signalized intersections to increase pedestrian visibility at crossings for motorists by giving pedestrians a head start in crossing the roadway before vehicles receive the green phase for the adjacent movement. Speed Feedback Sign: Install speed feedback &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;301 CITY OF SAN BERNARDINO Active Transportation Plan114signs to increase awareness to motorists traveling at higher than the posted speed limit and encourage motorists to reduce speeds.Pedestrian HAWK Signal: Install pedestrian High-Intensity Activated crossWalk (HAWK) signal at marked mid-block pedestrian crossings by using a red indication to inform motorists to stop and to facilitate the crossing of pedestrians - increasing the safety of pedestrians crossing major corridors.Advance Stop Bars: Install advance stop bars at all signalized intersection approaches where a crosswalk is present. Advance Yield Lines: Evaluate and install advance yield lines and appropriate signage at the northbound right turn slip lane for motorists to yield to pedestrians crossing.Street Trees: Install new street trees where existing or planned right-of-way allows to provide shade and a more pleasant experience for pedestrians along the corridor. Coordinate with developers to require new shade tree installations adjacent to new development projects. Provide street trees throughout the corridor where new sidewalk is installed and where existing sidewalk exists but no shade trees are present to fill the gaps within the corridor.Corridor-wide Improvements/Maintenance: Evaluate corridor sidewalk network to identify, remove, and/or relocate obstructions in the sidewalk areas to provide at minimum 4 feet of unobstructed sidewalk area for pedestrians of all abilities. Evaluate traffic signal timing to adjust/improve pedestrian crossing times, as needed.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;302 CHAPTER 6 Infrastructure Projects115ELECTRIC AVENUE - MOUNTAIN VIEW AVENUE CORRIDORProject Location The corridor starts at Northpark Boulevard on Electric Avenue, continues along Mountain View Avenue, and concludes at 3rd Street. According to the 2015 General Plan, the corridor is a Major Arterial from Northpark Boulevard to I-210, Collector from I-210 to 5th Street, and a Local Street south of 5th Street. Between 3rd Street and 4th Street, the segment is unconstructed and runs through Meadowbrook Park. The land use is characterized by single-family residential, follow by commercial in the downtown. The corridor provides access to many destinations, including Hillside Elementary School, Harper Baseball Field, St. Sierra Park, commercial areas on 40th St, Highland Ave, Baseline Ave, and Downtown San Bernardino. Street TreesClass IV Separated Bike LanesClass I Off -Street Bike PathRECOMMENDED INFRASTRUCTURE IMPROVEMENTS &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;303 CITY OF SAN BERNARDINO Active Transportation Plan116PROPOSED IMPROVEMENTSCurb Ramps: Install new ADA-compliant curb ramps at locations where new crosswalks are provided.Install new/redesign ADA-compliant curb ramps at the southwest corner of Electric Avenue and 48th Street; all corners at Electric Avenue and 40th Street; northwest and southwest corners of Mountain View Avenue and 36th Street; northwest and southwest corners of Mountain View Avenue and 35th Street; all corners at Mountain View Avenue and 34th Street; all corners at Mountain View Avenue and 33rd Street; southwest and southeast corners of Mountain View Avenue and 30th Street; all corners at Mountain View Avenue and 27th Street; northwest and southwest corners at Mountain View Avenue and 26th Street; northwest and southwest corners at Mountain View Avenue and 25th Street; northwest and southwest corners at Mountain View Avenue and 24th Street; northwest and southwest corners at Mountain View Avenue and 23rd St; northwest corner at Mountain View Avenue and 21st St; all corners at Mountain View Avenue and Orange Street; and all corners at Mountain View Avenue and W 10th Street. Sidewalks: Complete the sidewalk network gap on east side from Northpark Boulevard to 48th Street; both sides from 48th Street to Mountain View Avenue; east side from Parkdale Drive to 34th Street; and west side from 27th Street to 23rd Street. Bicycle Facilities: Install Class I Off-Street Bike Path and Class IV Separate Bike Lanes along various segments where feasible. Transit Stop Improvements: Improve transit stop areas with bus shelters and amenities throughout the corridor.High Visibility Crosswalks: Install high visibility continental crosswalks at all existing crossing locations throughout the corridor, especially at yellow school crosswalks.Leading Pedestrian Interval (LPI): Install a leading pedestrian interval phase at signalized intersections to increase pedestrian visibility at crossings for motorists by giving pedestrians a head start in crossing the roadway before vehicles receive the green phase for the adjacent movement. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;304 CHAPTER 6 Infrastructure Projects117Speed Feedback Sign: Install speed feedback signs to increase awareness to motorists traveling at higher than the posted speed limit and encourage motorists to reduce speeds.Pedestrian HAWK Signal: Install pedestrian High-Intensity Activated crossWalk (HAWK) signal at marked mid-block pedestrian crossings by using a red indication to inform motorists to stop and to facilitate the crossing of pedestrians - increasing the safety of pedestrians crossing major corridors.Advance Stop Bars: Install advance stop bars at all signalized intersection approaches where a crosswalk is present. Advance Yield Lines: Evaluate and install advance yield lines and appropriate signage at the northbound right turn slip lane for motorists to yield to pedestrians crossing.Street Trees: Install new street trees where existing or planned right-of-way allows to provide shade and a more pleasant experience for pedestrians along the corridor. Coordinate with developers to require new shade tree installations adjacent to new development projects. Provide street trees throughout the corridor where new sidewalk is installed and where existing sidewalk exists but no shade trees are present to fill the gaps within the corridor.Corridor-wide Improvements/Maintenance: Evaluate corridor sidewalk network to identify, remove, and/or relocate obstructions in the sidewalk areas to provide at minimum 4 feet of unobstructed sidewalk area for pedestrians of all abilities. Evaluate traffic signal timing to adjust/improve pedestrian crossing times, as needed.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;305 CITY OF SAN BERNARDINO Active Transportation Plan118RIALTO AVENUE - PACIFIC ELECTRIC TRAIL CORRIDORProject Location The Rialto Avenue Corridor travels along Rialto Avenue from Tippecanoe Avenue and connects with the Pacific Electric Trail to provide connectivity to the City of Rialto. According to the 2015 General Plan, Rialto Avenue is classified as a Major Arterial from Pennsylvania Avenue to Santa Fe Way and Secondary Arterial from Santa Fe Way to Tippecanoe Avenue. It is characterized by a mixture of residential, industrial, public facilities, and commercial land uses. The corridor provides access to many local and regional destinations such as the San Bernardino Transit Station, San Manuel Stadium, Meadowbrook Recreation Park, H. Frank Dominguez Elementary School, and San Bernardino Depot (Metrolink Station). SidewalkClass IV Separated Bike LanesRECOMMENDED INFRASTRUCTURE IMPROVEMENTS Class I Off -Street Bike Path&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;306 CHAPTER 6 Infrastructure Projects119PROPOSED IMPROVEMENTSCurb Ramps: Install new ADA-compliant curb ramps at locations where new crosswalks are provided.Install new/redesign ADA-compliant curb ramps at the northwest corner of Rancho Avenue; all corners at Pennsylvania Avenue; southwest corner of Muscott Street; northwest and northeast corners of Pico Avenue; southeast corner of Mt. Vernon Avenue; northwest and southwest corners of K Street; all corners of J Street; northeast and northwest corners of Mountain View Avenue; northwest and southwest corners of Waterman Avenue; southwest corner of San Felipe Road; and northwest corner of Lena Road. Sidewalks: Complete the sidewalk network gap on both sides from Meridian Avenue to Tippecanoe Avenue where sidewalk is missing. Bicycle Facilities: Install Class I Off-Street Bike Path along the Pacific Electric Right-of-Way and Class IV On-Street Separated Bike Lanes on Rialto Avenue west of Rancho Avenue. Transit Stop Improvements: Improve transit stop areas with bus shelters and amenities throughout the corridor.High Visibility Crosswalks: Install high visibility continental crosswalks at all existing crossing locations throughout the corridor, especially at yellow school crosswalks.Leading Pedestrian Interval (LPI): Install a leading pedestrian interval phase at signalized intersections to increase pedestrian visibility at crossings for motorists by giving pedestrians a head start in crossing the roadway before vehicles receive the green phase for the adjacent movement. Speed Feedback Sign: Install speed feedback signs to increase awareness to motorists traveling at higher than the posted speed limit and encourage motorists to reduce speeds. Pedestrian HAWK Signal: Install pedestrian High-Intensity Activated crossWalk (HAWK) signal at marked mid-block pedestrian crossings by using a red indication to inform motorists to stop and to facilitate the crossing of pedestrians - increasing the safety of pedestrians crossing major corridors.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;307 CITY OF SAN BERNARDINO Active Transportation Plan120Advance Stop Bars: Install advance stop bars at all signalized intersection approaches where a crosswalk is present. Advance Yield Lines: Evaluate and install advance yield lines and appropriate signage at the northbound right turn slip lane for motorists to yield to pedestrians crossing.Street Trees: Install new street trees where existing or planned right-of-way allows to provide shade and a more pleasant experience for pedestrians along the corridor. Coordinate with developers to require new shade tree installations adjacent to new development projects. Provide street trees throughout the corridor where new sidewalk is installed and where existing sidewalk exists but no shade trees are present to fill the gaps within the corridor.Corridor-wide Improvements/Maintenance: Evaluate corridor sidewalk network to identify, remove, and/or relocate obstructions in the sidewalk areas to provide at minimum 4 feet of unobstructed sidewalk area for pedestrians of all abilities. Evaluate traffic signal timing to adjust/improve pedestrian crossing times, as needed.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;308 CHAPTER 6 Infrastructure Projects121LITTLE LEAGUE DRIVE - BELMONT AVENUE CORRIDORProject Location The Little League Drive-Belmont Avenue Corridor extends from Frontage Road on Little League Drive and ends at Pine Avenue on Belmont Avenue along Little League Drive and Belmont Avenue. The corridor is classified as a Collector, according to the 2015 General Plan. Adjoining land uses are mostly comprised of low-density family residential housing and civic institutions. The corridor provides access to many local destinations, such as North Verdemont Elementary School, Western States-Regional District 43 Little League Baseball Complex, Cesar Chavez Middle School, Guhin Park, Verdemont Park, Ronald Reagan Park, Palm Elementary School, and Tom Minor Park. Sidewalks Rectangular Rapid Flashing BeaconsTraffic Circles RECOMMENDED INFRASTRUCTURE IMPROVEMENTS &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;309 CITY OF SAN BERNARDINO Active Transportation Plan122PROPOSED IMPROVEMENTSCurb Ramps: Install new ADA-compliant curb ramps at locations where new crosswalks are provided.Install new ADA-compliant curb ramps at the northwest corner of Belmont Avenue and Magnolia Avenue.Sidewalks: Complete the sidewalk network gap on the south side of Belmont Avenue, east of N. Little League Drive and on the north side of Belmont Avenue, west of Magnolia Avenue.Bike Facility: Install Class II bike lane in both directions on Belmont Avenue from N. Little League Drive to Pine Avenue. Neighborhood Roundabout: Install a neighborhood roundabout at N. Little League Drive and Frontage Road/W. Little League Drive, at Belmont Avenue and Magnolia Avenue, Belmont Avenue and Jordan Lane, Belmont Avenue and Olive Avenue, and Belmont Avenue and Walnut Avenue.High Visibility Crosswalks: Install high visibility continental crosswalks at all existing crossing locations throughout the corridor.Rectangular Rapid Flashing Beacon (RRFB): Install RRFB with push buttons at existing marked crossing at Belmont Avenue and Churchill Avenue.Mid-block Crossing: Install new mid-block crossing with high visibility continental crosswalks and RRFB with push buttons at the north leg of Belmont Avenue and Pine AvenueSpeed Feedback Sign: Install new speed feedback sign on Little League Drive, south of Frontage Road/W. Little League Drive for northbound traffic. Advance Stop Bars: Install advance stop bars at all signalized intersection approaches where a crosswalk is present. Advance Yield Lines: Install advance yield lines and R1-5 signs at existing marked crossings at Belmont Avenue and Churchill Street. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;310 CHAPTER 6 Infrastructure Projects123Street Trees: Evaluate the corridor to install new street trees, that provide shade, throughout the corridor where new sidewalk is installed and where sidewalk exists but no shade trees are present to fill the gaps within the corridor. Corridor-wide Improvements/Maintenance: Evaluate the corridor sidewalk network to identify, remove, and/or relocate obstructions in the sidewalk areas to provide at minimum 4 feet of unobstructed sidewalk area for pedestrians of all ability levels.Evaluate the corridor on a six-month or yearly basis to identify and repair sidewalk areas that have physical defects such as buckled or lifted pavement, stains, cracks, voids, or ongoing tree root issues to eliminate potential hazards for pedestrians of all ability levels. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;311 CITY OF SAN BERNARDINO Active Transportation Plan124&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;312 07Implementation Strategy&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;313 CITY OF SAN BERNARDINO Active Transportation Plan126The City can take many approaches to achieve the Plan vision and goals. In addition to the long-term strategies identified in Chapter 4: Strategy Recommendations, this chapter discusses three approaches on how the City could leverage the infrastructure toolbox (Chapter 5) and build upon the recommendations for infrastructure projects identified in Chapter 6 to plan, design, and construct pedestrian and bicycle infrastructure that meets the community’s needs. 7.1 INTRODUCTION The three implementation approaches are:• Prioritize highest-ranking corridors• Funding availability• Project time and cost These three implementation approaches should be complementary to the most basic decision-making approach: leveraging existing opportunities. Oftentimes, being creative with existing resources is just as important as using new approaches or tools. The Project Selection Tree in Section 7.5 illustrates how the approaches can be used together to select a project.&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;314 CHAPTER 7 Implementation Strategy127The Active Transportation Network contains 130 corridors. The corridors were ranked using a data-driven approach to identify roadways with the highest need. Table 7-1: Corridor ranking criteria shows a breakdown of the criteria used for the corridor prioritization process. The criteria was developed with input from community members from the final outreach event. The ranked corridors list is a useful starting point to identify projects; however, it should not be the only tool leveraged. A project could consist of multiple corridors and require careful deliberation to ensure that it meets its intended goal.Table 7-2 shows the top 20 highest ranking corridors, while Appendix G Ranked Corridor List contains the full list of ranked corridors from highest to lowest. 7.2 CORRIDOR PRIORITIZATION Table 7-1. Corridor ranking criteriaPriority CategoryDescription Measures WeightEquity Serves the populations that need the infrastructure the most.Disadvantaged Community (DAC), population under 18 and over 65, and Median Household Income20%Safety Makes the streets safer for people to walk and bike.Bicycle and pedestrian collisions and roadway travel speed30%Health Improves the community’s health.Prevalence of cardiovascular disease, diabetes, and asthma10%Community Need and InputSupports improvements that respond to the community needs.Community engagement measure, retail density, low food access, park access / community centers, and school access15%Network ConnectivityImproves connections that allow people to get from one place to another.SCAG RTP/SCS High Quality Transit Area and Active Transportation Network connectivity 25%Total 100%&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;315 CITY OF SAN BERNARDINO Active Transportation Plan128Table 7-2. Top 20 highest ranking corridors listStreet From To Rank ScoreBaseline St Meridian Ave Del Rosa Dr 1 67.7Waterman Ave Rim of the World Highway Barton Rd/Washington St 2 66.7Metrolink Wy 3rd St 2nd St 3 63.59th St Pennsylvania Ave Del Rosa Dr 4 62.1Sierra Wy Northern Terminus Mill St 5 62.05th St Foothill Blvd Waterman Ave 6 61.5E St Mill St Kendall Dr 7 61.5Highland Ave Macy St Boulder Ave 8 61.33rd St D St Waterman Ave 9 60.7D St Highland Ave Rialto Ave 10 60.32nd St Mt Vernon Ave Mountain View Ave 11 60.0Mt Vernon Ave Highland Ave Grant Ave 12 59.9Electric Ave/ Mountain View Ave 50th St Rialto Ave 13 59.6Mountain View Ave Connector 3rd St 2nd St 14 59.34th St H St Arrowhead Ave 15 59.2Court St E St Arrowhead Ave 16 58.8G St 34th St Inland Center Dr 17 58.07th St Garcia St E St 18 57.5Rialto Ave Eucalyptus Ave Tippecanoe Ave 19 57.3Medical Center Dr 27th St 5th St 20 56.6&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;316 CHAPTER 7 Implementation Strategy129 7.3 FUNDING OPPORTUNITIESMany programs are available for the City to pursue funding to plan, design, and construct the recommendations discussed in Chapter 4. These programs can supplement local funding sources. The following section presents a selected set of federal, state, and regional programs that the City can seek funding through. Descriptions were retrieved from each program’s webpage. Programs focus on areas such as active transportation, air quality, housing, and recreation.FEDERAL PROGRAMSCongestion Mitigation and Air Quality (CMAQ) Program via FAST ActThe Congestion Mitigation and Air Quality Improvement (CMAQ) Program provides funds to States for transportation projects designed to reduce traffic congestion and improve air quality, particularly in areas of the country that do not attain national air quality standards. The variety of transportation projects funded through the CMAQ program since its inception reflects both the diversity of local transportation systems and the targeted air quality needs of States and regions. The program has been a key mechanism for supporting investments that encourage alternatives to driving alone, improve traffic flow, and help urban areas meet air quality goals.Administering Agency: SBCTAHighway Safety Improvement Program (HSIP)The Highway Safety Improvement Program (HSIP) is a core Federal-aid program with the purpose to achieve a significant reduction in traffic fatalities and serious injuries on all public roads, including non-State-owned roads and roads on tribal land. The HSIP requires a data-driven, strategic approach to improving highway safety on all public roads with a focus on performance.Administering Agency: CA Department of Transportation (Caltrans)Land & Water Conservation FundThe Land and Water Conservation Fund (LWCF) is America's most important program to conserve irreplaceable lands and improve outdoor recreation opportunities throughout the nation. The program works in partnership with federal, state and local efforts to protect land in our national parks, national wildlife refuges, national forests, national trails, and other public lands; to preserve working forests and ranchlands; to support state and local parks and playgrounds; to preserve battlefields and other historic and cultural sites; and to provide the tools that communities need to meet their diverse conservation and recreation needs.Administering Agency: California Department of Parks and Recreation&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;317 CITY OF SAN BERNARDINO Active Transportation Plan130Community Development Block Grant (CDBG)The Community Development Block Grant (CDBG) Program supports community development activities to build stronger and more resilient communities. To support community development, activities are identified through an ongoing process. Activities may address needs such as infrastructure, economic development projects, public facilities installation, community centers, housing rehabilitation, public services, clearance/acquisition, microenterprise assistance, code enforcement, homeowner assistance, etc.Administering Agency: San Bernardino County Community Development and Housing DepartmentTransportation Alternatives Program (TAP)/Surface Transportation Block Grant Program (STBG)The Surface Transportation Block Grant program (STBG) provides flexible funding that may be used by States and localities for projects to preserve and improve the conditions and performance on any Federal-aid highway, bridge and tunnel projects on any public road, pedestrian and bicycle infrastructure, and transit capital projects, including intercity bus terminals.Administering Agency: San Bernardino County Transportation Authority (SBCTA)Rivers, Trails, and Conservation Assistance ProgramThe program supports locally-led conservation and outdoor recreation projects across the United States. NPS-RTCA assists communities and public land managers in developing or restoring parks, conservation areas, rivers, and wildlife habitats, as well as creating outdoor recreation opportunities and programs that engage future generations in the outdoors.Administering Agency: US National Park ServiceAffordable Housing and Sustainable Communities Program (AHSC)Funded by Cap-and-Trade revenue, the AHSC program makes it easier for Californians to drive less by engaging in active transportation, such as walking, biking, and using transit.Administering Agency: Strategic Growth Council and Department of Housing and Community DevelopmentSTATE PROGRAMSActive Transportation Program (ATP)Funds active transportation related infrastructure projects, plans, and education/encouragement/enforcement activities. Consolidates previous programs (Transportation Alternatives Program, Bicycle Transportation Account, and Safe Routes to Schools)Administering Agency: Caltrans&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;318 CHAPTER 7 Implementation Strategy131Sustainable Transportation Planning Grant Program: Sustainable Communities GrantsThe program funds local and regional multimodal transportation and land use planning projects that further the region’s RTP SCS (where applicable), contribute to the State’s GHG reduction targets, and assist in achieving the Caltrans Mission and Grant Program Objectives. Administering Agency: CaltransCalifornia River Parkways Grant ProgramThe California River Parkways Grant Program will fund projects that provide compatible recreational opportunities including trails for strolling, hiking, bicycling, and equestrian uses along rivers and streams.Administering Agency: California Natural Resources AgencyEnvironmental Enhancement and Mitigation (EEM) Grant ProgramThe EEM Program is an annual program established by legislation in 1989 and amended on September 26, 2013. It offers grants to local, state and federal governmental agencies and to nonprofit organizations for projects to mitigate the environmental impacts caused by new or modified public transportation facilities. Administering Agency: CA Natural Resources AgencyOffice of Traffic Safety (OTS) GrantsThe goal of California Office of Traffic Safety (OTS) Grant Program is to prevent serious injury and death resulting from motor vehicle crashes so that all roadway users arrive at their destination safely. Using Federal Highway Safety Program funds, the OTS partners with political subdivisions of the state to address California's highway safety needs at the state, county and local level.Administering Agency: California Office of Traffic SafetyRecreational Trails Program (RTP) for Non- Motorized TrailsThe Recreational Trails Program (RTP) provides funds annually for recreational trails and trails-related projects. Administering Agency: California Department. of Parks and RecreationRubberized Pavement Grant ProgramFormerly called the Rubberized Asphalt Concrete (RAC) Grant Program, the Rubberized Pavement Grant Program exists to promote markets for recycled-content surfacing products derived from waste tires generated in California and decrease the adverse environmental impacts created by unlawful disposal and stockpiling of waste tires. RAC is a proven road paving material that has been used in California since the 1970s. It is made by blending ground tire rubber with asphalt binder which is then mixed with conventional aggregate materials.The program provides competitive grants to encourage first-time or limited users of RAC. It is available to public entities which include: California cities, counties, regional &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;319 CITY OF SAN BERNARDINO Active Transportation Plan132 park districts, special districts, Joint Powers Authorities, state agencies (including offices, departments, bureaus, and boards) and Qualifying Indian Tribes.Administering Agency: California Department of Resources Recycling and RecoveryCommunity-Based Transportation Planning Grant (CBTP) ProgramThe Community-Based Transportation Planning grant program aims to engage the community in transportation and land use projects. Projects support concepts such as livable and sustainable communities with a transportation or mobility focus. They should also promote community identity and quality of life, as well as provide transportation and land use benefits to communities.Administering Agency: CaltransUrban Greening Grant ProgramConsistent with AB 32, the Urban Greening Program will fund projects that reduce greenhouse gases while also transforming the built environment into places that are more sustainable, enjoyable, and effective in creating healthy and vibrant communities. These projects will establish and enhance parks and open space, using natural solutions to improving air and water quality and reducing energy consumption, and creatingmore walkable and bike-able trails.Administering Agency: CA Natural Resources AgencySustainable Transportation Equity ProgramSTEP is a new transportation equity pilot that aims to address community residents’ transportation needs, increase access to key destinations, and reduce greenhouse gas emissions by funding planning, clean transportation, and supporting projects. STEP’s overarching purpose is to increase transportation equity in disadvantaged and low-income communities throughout California via two types of grants: Planning and Capacity Building Grants and Implementation Grants. Within these two grant types, CARB has awarded a total of $44.5 million. Administering Agency: CA Air Resources BoardLocal Partnership Program (LPP)The primary objective of this program is to provide funding to counties, cities, districts, and regional transportation agencies in which voters have approved fees or taxes dedicated solely to transportation improvements or that have imposed fees, including uniform developer fees, dedicated solely to transportation improvements [as defined by Government Code Section 8879.67(b)]. Consistent with the intent behind Senate Bill 1, the Commission intends this program to balance the need to direct increased revenue to the state’s highest transportation needs while fairly distributing the economic impact of increased funding.Administering Agency: CA Transportation Commission (CTC)&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;320 CHAPTER 7 Implementation Strategy133 Solutions for Congested Corridors (SCCP)The purpose of the program is to provide funding to achieve a balanced set of transportation, environmental, and community access improvements to reduce congestion throughout the state. This statewide, competitive program makes $250 million available annually for projects that implement specific transportation performance improvements and are part of a comprehensive corridor plan by providing more transportation choices while preserving the character of local communities and creating opportunities for neighborhood enhancement.Administering Agency: CA Transportation Commission (CTC)Local Streets and Roads (LSR) ProgramThe purpose of the program is to provide approximately $1.5 billion per year to cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. To be eligible, each year, cities and counties must submit a proposed project list adopted at a regular meeting by their board or council that is then submitted to the California Transportation Commission (CTC). Once reviewed and adopted by the CTC, the list of eligible cities and counties to receive funding is sent to the State Controller to begin the apportionment process for that fiscal year.Administering Agency: CA Transportation Commission (CTC)LOCAL FUNDINGMeasure IMeasure I is the half-cent sales tax collected throughout San Bernardino County for transportation improvements. SBCTA administers Measure I revenue and is responsible for ensuring that funds are used in accordance with various plans and policies. Measure I funds are allocated based on the Measure I 2010-2040 Ordinance and Expenditure Plan and the Strategic Plan policies that define the framework for the programs and projects referenced in the measure. The 10-Year Delivery Plan outlines the near-term strategy.Administering Agency: San Bernardino County Transportation Authority (SBCTA)Sustainable Communities ProgramThe program offers grants that can be used toward planning and policy efforts that allow for the implementation of the regional RTP/SCS. Grants in the program fall into three categories: Integrated Land Use ,Active Transportation, and Green Region.Administering Agency: Southern California Association of Governments (SCAG) Article 3, TDA Under Article 3 of the TDA, 2 percent of the annual LTF apportionment is designated to fund pedestrian and bicycle facilities, bicycle safety programs, bicycle trails, &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;321 CITY OF SAN BERNARDINO Active Transportation Plan134bicycle lockers, or racks and for the development of a comprehensive bicycle and pedestrian facilities plan. Administering Agency: SBCTAAB-2766 Subvention FundThe program provides a funding source to cities and counties to develop clean transportation programs and reduce vehicle emissions. Funds could be used to plan, design and construct facilities that decrease the use of the automobile.Administering Agency: South Coast Air Quality Management DistrictDevelopment Impact FeesAs a condition of a development permit (where allowed), the City can direct fee revenue to support improvements to the pedestrian right-of-way, where there is a nexus between the project being proposed and the need for improvements. Permits approval can also be conditioned to make the improvements directly, rather than through a fee program, if it is within the development's scope.Administering Agency: City of San Bernardino&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;322 CHAPTER 7 Implementation Strategy135Infrastructure improvements roughly follow along a time/cost continuum, as shown in Table 7-3 The City can decide what kind of improvements to make based on time and financial commitments.7.4 PROJECT COST AND TIME Table 7-3. Active Transportation Infrastructure Cost and Time Continuum Type Description Estimated Time & Cost Example Of Infrastructureshort-term/low costThese types of infrastructure improvements present opportunities for more rapid implementation.0-2 years$500 - $50K• ADA curb ramps• high visibility crosswalks• pavement markings• signage• rectangular rapid flashing beacons (RRFB)• pedestrian intersection enhancements• Class II bike lane• re-striping existing bike lanes • neighborhood traffic calming measures (e.g curb extensions and speed humps)mid-term/mid costThese types of projects either require additional research or have constraints such vehicular right-of-way, utility easements, or other concerns. 2-5 years$50K - $200K• Class I Shared-use path• sidewalk (with curb and gutter)• curb extensions at major intersection and arterial street• Class II buffered bike lane• protected intersection• minor traffic control signal improvements (e.g. signal at T-intersections, secondary streets, and pedestrian hybrid beacons)long-term/high costThese types of projects require added resources prior to implementation, such as additional studies, right-of-way acquisition, and/or for coordination with other governing bodies.5+ years>$200K• traffic signals• roundabouts• projects that require modifying or adding hard wiring infrastructure• grade separated freeway or roadway crossing for shared use path or bike path&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;323 CITY OF SAN BERNARDINO Active Transportation Plan1367.5 PROJECT SELECTION TREEAre there any existing or planned projects that could incorporate active transportation infrastructure?• Work with the project team to include active transportation infrastructure into the existing or planned effort• Seek funding to plan, design, and/or construct the project• Seek funding to plan, design, and/or construct the Priority Projects identified in Chapter 6: Infrastructure Projects first • Reference the Active Transportation Network in Chapter 6 to identify a set of corridors for funding and reference Section 7.3 Funding Opportunities to look for applicable funding sourcesYesNoDoes the City already have access to the funding or is it a funding program opportunity?• Seek funding to plan, design, and/or construct the Priority Projects identified in Chapter 6: Infrastructure Projects• Reference the Active Transportation Network in Chapter 6 to identify a set of corridors• Collaborate with relevant stakeholders to determine the final corridors• Include the selected corridors into the future CIP lists• Review funding program criteria• Use the recommendations (Priority Projects or Active Transportation Network) in Chapter 6: Infrastructure Projects to identify roadway segments that fit program criteria• From this set of corridors, select the highest ranking corridors first to apply for funding• Include the selected corridors into the future CIP list as unfunded (but anticipated) projectsLocalFundingFunding OpportunityPLAN IMPLEMENTATIONYou want to implement the Plan, and you want to know how to get started. FUNDING OPPORTUNITYYou found out about a potential funding opportunity, and you want to find a project to apply for funding. The Project Selection Tree is a tool that ties all the resources and recommendations discussed in previous chapters together to help the City select the most appropriate active transportation project based on the opportunties given. It starts with four common scenarios on how projects can get started and offers suggestions on selecting a project. &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;324 CHAPTER 7 Implementation Strategy137REFERENCE NOTESATN: Active Transportation NetworkCIP: Capital Improvement ProjectsInfrastructure Project Recommendations are available in Chapter 6 The Infrastructure Toolbox is found in Chapter 4Funding opportunities list is available in Section 7.3Are there any existing or planned projects that could address the concerns?How much) financial resources and time can be allocated to address the concerns?Are the concerns located along a high ranking corridor in the ATN?• Explore project options and include them into an existing effort• Identify a project with short-term and low-cost treatments using Table 7.4 Project Cost and Time Continnum and Chapter 5, Infrastructure Toolbox as a reference• Include the project into future CIP lists• Seek funding for design and construction• *If there is still high demand to address the concerns, seek funding for longer term/higher cost treatments• Identify a project with mid/high-terms and mid/high cost treatments using Table 7.4 Project Cost and Time Continnum and Chapter 5, Infrastructure Toolbox as a reference• Reference Section 7.3 Funding Opportunities to look for applicable funding sourcesLowNoYesYesMedium to HighNo• Identify a project with mid/high-terms and mid/high cost treatments using Table 7.4 Project Cost and Time Continnum and Chapter 5, Infrastructure Toolbox as a reference• Combine the project with other potential projects to explore funding opportunities to increase the chance of winning the grantACCELERATED RESPONSEYou have a list of concerns gathered through community outreach, field work, research, or other sources, and you want to explore options to address them. Does it have funding for design and/or construction?Is the project located along a high ranking corridor in the ATN?• Collaborate with relevant stakeholders to identify opportunities to include the project in future CIP lists • Design and/or construct the project, and seek additional funding if needed• Reference Section 7.3 Funding Opportunities to look for applicable funding sources• Include the selected corridors in the future CIP list as unfunded (but anticipated) projects• Combine the project with other potential projects to explore funding opportunities to increase the chance of winning the grantYesYesNoNoYou have a planning, design, and/or construction project that already has a set of infrastructure treatments or project scope, and you want to know how to best proceed. PROJECT &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;325 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;326 A Plan and Policy Review Packet Pg.327 CITY OF SAN BERNARDINO Active Transportation Plan2 INTRODUCTION The Active Transportation Plan builds upon many local and regional planning efforts. This chapter provides a description of the documents that are relevant to active transportation planning. The City also has two planning projects that are occurring concurrently with the Active Transportation Plan. At the time of writing, the City has embarked on efforts to update the General Plan which was last updated in 2007 and a Downtown Specific Plan which includes potential ideas for redevelopment of the the Carousel Mall area. Note: Certain text, such as the vision, goals, and purpose, are derived directly from the planning documents to ensure the accuracy of the statements. LOCAL EFFORTS WATERMAN + BASELINE NEIGHBORHOOD SPECIFIC PLAN (2016) The Waterman + Baseline Specific Plan is the most recent Specific Plan completed by the City. It covers one of the most central areas and includes many goals related to active transportation. The City intends to improve quality of life, create economic growth, and create a family-oriented living environment that emphasizes “sustainable living” in the neighborhood surrounding Waterman Avenue & Baseline Street. The mobility goals, as stated by the Plan, include: • Support a safe pedestrian-oriented environment with enhanced sidewalks and shade trees • Create bicycle corridors to connect the Plan area to key destinations • Provide bicycle storage, parking and bike share programs • Establish a multi-purpose trail along the flood control channel • Promote the use of public transit, by bus, and on the sbX line • Ensure adequate traffic flow and level of service to prevent congestion • Design wayfinding signage to create a sense of place The mobility chapter focuses on specific improvements in the area that would further these goals. As stated in Section 6.3 (Mobility Vision), “To improve mobility, the Plan presents a wide range of improvements to encourage all modes of transportation to create an urban space that is vibrant and enjoyable.” It notes that most roads have excess capacity during peak hours, which would make them ideal for adding new bike lanes. Locations of deficient sidewalks were inventoried and presented in Section 6.5, “Pedestrian Mobility Network.” This section also includes specific proposed pedestrian improvements including filling in sidewalk gaps, incorporating additional treatments for crossings, and proposing trail locations. More generally, it advocates providing additional street lighting, adding landscape buffers, and providing street trees for shade. Bicycle conditions are also surveyed, and the Plan proposed new Class I and Class II routes. These include bike lanes on 11th Street, 5th Street, and Base Line Street, and a bike path on the City Creek and Perris Hill Park Road. Packet Pg.328 3APPENDIX A Plan and Policy Review UNIVERSITY DISTRICT SPECIFIC PLAN (2005) The University District Plan focuses on re-shaping the area around California State University, San Bernardino to create a “Village” at the main entrance to the university. Active transportation forms a key part of this approach. The Plan includes the following specific goals related to ATP: • Pedestrian Focus: Focus on pedestrian-oriented development, such as mixed uses and University- related uses, and less upon auto-dependent uses. Develop a walkable University village in the University District. • Physical Connectivity: Develop a seamless connection between the community and University through access, tailored street naming, and physical improvements such as landscaping, streetscape, signage, and public art. • Transit/Trolley Connections: Encourage the development of transit/trolley connections between the University and downtown and the MetroLink station at the San Bernardino Depot. The Specific plan includes several proposed equestrian and bicycle trails, including a multi-purpose linkage between Verdemont and the University along a flood control levee. It recommends new transit stops at key locations on the university campus, including the construction of bus bays at some locations. It also calls for infrastructure enhancements such as pedestrian linkages in the form of signalized crosswalks, bulb-out, signed paths, and colored pavement treatments. The following policies were given regarding the design of new trails: • Multi-purpose trails should connect urban areas to regional recreational amenities, follow corridors of scenic or aesthetic interest, or provide loop connection to such routes or amenities. • Multi-purpose trails should be located where motor vehicle crossings can be eliminated or minimized. • Multi-purpose trails should provide for connectivity to other transportation modes such as bus stops and park-and-ride sites when feasible to enhance inter-modal transportation opportunities. • Multi-purpose trails should provide for connectivity to the on-street walkway and bikeway network when feasible to enhance non-motorized transportation opportunities. • Work with the University, the Flood Control District, and residents in Verdemont to study the feasibility of a connection between Northpark Boulevard with Belmont Avenue. Development of on-street bikeways should be guided by the following policies: • Bicycle trails shall be designed so that there is minimal conflict with automobiles at driveways, intersections, and along streets. • To be conducive to attracting increased bicycle use, bicycle trails must be safe and connected to activity areas, such as the Campus. OTHER SPECIFIC PLANS The Rancho Palma Specific Plan (2015) focuses on the development of a new residential district. It includes the following goals related to active transportation: • Create a walkable environment to parks and commercial uses • Provide safe streets and a wholesome living environment • Provide for the operation and maintenance of parks and streets The older Paseo Las Placitas Specific Plan(1992) intends to improve the marketability of a neighborhood centered Packet Pg.329 CITY OF SAN BERNARDINO Active Transportation Plan4CITY OF SAN BERNARDINO Active Transportation Plan4 around Mt. Vernon Avenue. It noted that frequent curb cuts, narrow sidewalks, unattractive signage, and lack of adequate street furniture were detrimental to the marketability of the area. Circulation goals included: • Create a pedestrian-oriented environment • Provide a balanced transportation system • Provide adequate supply of parking • Create accessibility linkages to ºDowntown via a 5th Street shuttle ºSouthern California via the I-215 freeway ºAdjacent neighborhoods via pedestrian streets ºAmtrak station The Alliance California (2007) and University Business Park (1992) Specific Plans cover industrial business parks and do not include specific objectives related to active transportation. REGIONAL & STATEWIDE EFFORTS ACTIVE SAN BERNARDINO Active San Bernardino is the Active Transportation Plan adopted in September 2020 by San Bernardino County. The Plan includes the creation of an open data portal that provides resources related to active transportation in one central hub. The site includes tabs related to biking, walking, taking transit, and safe routes to school, each with information about existing conditions and information on planned improvements. Recommendations are taken from the San Bernardino County Non-Motorized Transportation Plan. SAN BERNARDINO COUNTY NON-MOTORIZED TRANSPORTATION PLAN (NMTP) (2011, REVISED 2018) In 2011, San Bernardino County Transportation Authority (SBCTA) adopted the Non-Motorized Transportation Plan (NMTP) which aims to coordinate and guide the provision of all bicycle and pedestrian related plans, programs, and projects within San Bernardino County. The Plan was most recently revised in June 2018. The NMTP makes proposals for a regional bikeways network and provides suggestions for active transportation improvements in the County of San Bernardino. These include continuing work on completing the Santa Ana River Trail and developing a supportive network of Class I and Class II bike facilities. Priority improvements include bike lanes on G Street and Rialto Avenue. It notes that, at time of writing, the municipal code does not include a requirement for the inclusion of non-motorized infrastructure, and the city does not sponsor bicycle safety or education programs. NMTP Goals include: 1. Increased bicycle and pedestrian access: Expand bicycle and pedestrian facilities and access within and between neighborhoods, to employment centers, shopping areas, schools, and recreational sites. 2. Increased travel by cycling and walking: Make the bicycle and walking an integral part of daily life in San Bernardino County, particularly (for bicycle) for trips of less than five miles, by implementing and maintaining a bikeway network, providing end-of-trip facilities, improving bicycle/transit integration, encouraging bicycle use, and making bicycling safer and more convenient. Packet Pg.330 5APPENDIX A Plan and Policy Review 3. Routine accommodation in transportation and land use planning: Routinely consider bicyclists and pedestrians in the planning and design of land development, roadway, transit, and other transportation facilities, as appropriate to the context of each facility and its surroundings. 4. Improved bicycle and pedestrian safety: Encourage local and statewide policies and practices that improve bicycle and pedestrian safety. The following are goals related to the bike network, as re-stated on the Active San Bernardino website: • Deliver the Class I, II and III identified in the subarea maps referenced in Chapter 3. Although the Class I facilities can be considered a backbone bicycle system, there is much more to the network than just Class I facilities. Other types of facilities can also be delivered more quickly and less expensively, improving regional connectivity. • Develop better bicycle connectivity between cities and subareas of the County by coordinating the location and staging of network improvements. This must include improved collaboration with Caltrans, given the number of State highways connecting the subareas. Connectivity on Class II and Class III bicycle facilities can be increased by prioritizing the “low-hanging fruit” – parts of the regional system that are low-cost, close gaps in the system, and provide connections to key destinations. • Develop a better “sense of a system” through improved signage, markings, and way-finding for both cyclists and pedestrians. • Develop an improved inventory of end-of-trip facilities, particularly at transit stations, schools, other public buildings, and major employment centers. • Proactively coordinate integration of cycling and walking accommodations with the State’s Complete Streets requirements. • Proactively coordinate integration of cycling and walking access accommodations to and from transit stations. • Continue safety education and promotion of cycling through schools, newsletters, and public websites. The following are goals related to the pedestrian network: • Improving pedestrian access to transit; • Removing existing barriers to pedestrian travel; • Development of regional trails and pathways which provide improved pedestrian access to destinations; • Improvement of the pedestrian environment on major regional arterials and at regional activity centers. SBCTA – SAFE ROUTES TO SCHOOL STRATEGY (PHASE I & II) Building on the momentum of the NMTP, the SBCTA Safe Routes to School (SRTS) Strategy aims to address the active transportation needs of San Bernardino County students and school areas. Phase I of the Strategy identified focus areas that could most benefit from SRTS improvements compared to other areas within the County. This was done by analyzing the relative impacts of SRTS improvements to safety and mode share. Additional analyses were conducted to determine priority schools in these focus areas based on project readiness, geographic distribution, and equity considerations. Phase II of the Strategy, completed in 2017, focuses on developing and prioritizing more site-specific SRTS infrastructure improvements. Walk audits were Packet Pg.331 CITY OF SAN BERNARDINO Active Transportation Plan6 conducted across 55 identified San Bernardino County schools to assess active transportation infrastructural needs and concerns and assemble an inventory of site- specific bicyclist and pedestrian network improvements. In San Bernardino, participating schools included Marshall Elementary School, Riley Elementary School, and Hillside Elementary School. SBCTA POINTS OF INTEREST PEDESTRIAN PLAN The Point of Interest Pedestrian Plan (PIPP) assists local jurisdictions in the identification and prioritization of future pedestrian projects. It supplements the NMTP by identifying pedestrian projects, as the original document primarily focused on bike improvements. It identifies pedestrian improvements for one location in each member city, including in the City of San Bernardino. In the city, pedestrian improvements were proposed around the San Bernardino Courthouse area. The following are other areas in San Bernardino where the Plan determined pedestrian improvements should be prioritized: • Arrowview Middle School & George Brown Elementary • Encanto Park • Waterman Ave. Shopping Center, & E Neal Roberts Elementary • Inland Career Education Center & Abraham Lincoln Elementary • Sierra Way Plaza Retail Cluster at 40th Street • San Bernardino Valley College • Indian Springs High School or San Bernardino High School • Blair Park • Verdemont Park/Cesar E. Chavez Middle School • Cal State University San Bernardino • Lytle Creek Park SBCTA FIRST/LAST MILE PLAN- MULTIMODAL ACTION PLAN (2018) SBCTA developed this plan in conjunction with the Southern Californa Association of Governments (SCAG) and Omnitrans to evaluate the reasons for underuse of transit and decline in ridership, and investigate strategies to improve usage of the County of San Bernardino’s existing facilities and develop new facilities that will cater to customers. The approach is to think of mobility as a service, focusing on the customer experience heading to/from destinations and streamlining that process rather than thinking of systems separately. The plan hopes that transportation services are “understandable to the public so that their choices are well-informed and their riding experience is reliable, positive, and self-reinforcing.” The goals of the Action Plan are: • Grow use of alternate mode transportation • Find new users and keep existing users of modes that are alternatives to driving alone • Help users navigate a complex transportation network in which the region has heavily invested in Different strategies are discussed, including informational strategies (promoting trip-planning apps), rider-support strategies (electronic fare payment, rideshare engagement), and institutional strategies (employee transportation corridors). Of greatest relevance to active transportation are first/last mile strategies. Generally, the Plan proposes specific projects as first/last mile solutions rather than generally applicable policies. Of particular relevance Packet Pg.332 7APPENDIX A Plan and Policy Review to the City of San Bernardino is the proposal of on- demand flex service (microtransit) for Downtown San Bernardino. This is a proposed new service that would take commuters directly from the San Bernardino Transit Center directly to their workplaces upon a train’s arrival. Other proposed strategies include creating a bikeshare program in a high-quality transit corridor and implementing bike/pedestrian infrastructure improvements in similar corridors using the principles of tactical urbanism. SAN BERNARDINO COUNTYWIDE VISION Adopted in 2011, the Countywide Vision calls for the collaboration between all sectors in San Bernardino County to work towards creating a healthier San Bernardino County and a more vibrant economy and community over the next 20 years. Part of the Vision includes envisioning San Bernardino as: “A sustainable system of high quality education, community health, public safety, housing, retail, recreation, arts and culture, and infrastructure, in which development complements our natural resources and environment.” The vision statement provides further details through several elements related to jobs, environment, infrastructure, and others. The “transportation” element emphasizes developing “clean and advanced modes of transportation and infrastructure”, while the environment element focuses on protecting natural resources. SAN BERNARDINO COUNTY COMMUNITY TRANSFORMATION PLAN 2015-2020 Following the adoption of the Countywide Vision, the County developed the Community Vital Signs Initiative to address strategies to improve wellness in the county. A data-driven policy framework is used to promote programs that improve the health and quality of life in San Bernardino County. The San Bernardino County Community Transformation Plan – developed by the Community Vital Signs – sets short- and long-term goals and more immediate strategies for several areas, including ‘Access to Health and Wellness’ and ‘Safety’. The “Access to Health and Wellness” strategy seeks to increase the number of residents engaged in active living activities, including increasing options for residents to use active transportation. The “Safety” strategy seeks to improve children’s perception of safety at school through partnering with law enforcement at school sites. It also seeks to support “Economy” by supporting wellness in the workforce. MEASURE I Approved by voters in 1989 and extended in 2004, Measure I is a countywide half-cent sales tax increase used to fund transportation improvements within San Bernardino County. The Measure I 2010-2040 Strategic Plan – adopted in 2009 by SANBAG – establishes a policy framework that guides the implementation of Measure I projects/programs. Packet Pg.333 CITY OF SAN BERNARDINO Active Transportation Plan8CITY OF SAN BERNARDINO Active Transportation Plan8 SAN BERNARDINO COUNTY REGIONAL GREENHOUSE GAS REDUCTION PLAN This document plans for greenhouse gas reductions in accordance with AB 32, the Global Warming Solutions Act, which seeks regional transportation planning promoting reductions in greenhouse gases. San Bernardino maintains a goal to reduce greenhouse gas emissions to 15% below its 2008 emission by 2020. It sets GHG performance standards for new development, energy efficiency standards for existing buildings, and implementation of a sustainable communities strategy. On-road transportation is considered one of the sectors with the greatest impact. SAN BERNARDINO COUNTYWIDE TRANSPORTATION PLAN (INTERIM UPDATE 2021) San Bernardino’s Countywide Transportation Plan (CTP) lays out a strategy for long-term investment in and management of San Bernardino County’s transportation assets. The following bullet points are a summary of the core elements of the Plan vision: • Build on “the network.” Continue building and improving “the network,” focusing on origin-to destination connectivity with efficient first/last mile connections. • Focus on the traveling customer. Tailor the modes, support strategies, and marketing to the needs of the customers being served. • Encourage transit-oriented development (TOD). Work with local agencies and the private sector to encourage transit-oriented development in transit station areas, and incentivize TOD development where practical, in partnership with local governments. • Invest in technology. Invest thoughtfully and carefully in technology, with an ultimate goal of a fully integrated system in which customers can assess trip options for transit, shared-ride, and active transportation modes, including first/last mile connections. • Coordinate and collaborate. Coordinate activities and initiatives across SBCTA departments and with transit and mobility partners to achieve this vision. • Support quality of life, health, sustainability, and equity. Work with San Bernardino County residents and businesses to ensure that the transportation investments are paying dividends in terms of quality of life, air quality, health, environmental sustainability, and equitable access to services. OMNITRANS PLANNING EFFORTS Omnitrans is the primary public transit agency serving San Bernardino. It serves 15 member cities in the San Bernardino Valley and portions of unincorporated San Bernardino County. Recent agency highlights include the opening of the sbX bus rapid transit line, which connects Cal State San Bernardino to Loma Linda University through Downtown via E Street, and the opening of the San Bernardino Multi-Modal Regional Transit Center, which unites Metrolink. Omnitrans has published several plans indicating its planned future actions, including the FY 2022 Management Plan and the Strategic Plan 2021-2025. The vision from the Strategic Plan 2021-2025 is as followed: "Our vision for the future and ultimate goal is to provide innovative mobility solutions that connect our region and strengthen the economy." Packet Pg.334 9APPENDIX A Plan and Policy Review The Plan is guided by six strategic directions, which include: • Secure our finances long-term, and explore new funding sources • Expand our customer base • Enhance our role in providing mobility and connectivity to the community • Engage in local and regional planning, promoting transit as a solution • Strengthen our communication • Be bold, entrepreneurial, and innovative It is supported by six goals: 1. Safe and secure operations: enhance our safety culture by providing safe and secure operations, improving safety for employees and customers while responding swiftly to new and emerging conditions. 2. Customer experience: provide an overall customer experience that reflects reliable, responsive, and exceptional service and promotes ridership growth. 3. Organizational and workforce development: develop an adaptable organization focused on employees that adjusts to changing conditions and promotes a culture of success and collaboration. 4. Finance: expand our financial resources to support operational stability and increase service levels in strategic ways. 5. Long-range planning: strengthen our leadership in creating mobility solutions in local and regional planning. 6. Community engagement: expand our partnerships and engage the community to be responsive to community needs and enhance OmniTrans’ value in the region. CONNECT SOCAL Connect SoCal is the 2020 Regional Transportation Plan/Sustainable Communities Strategy from Southern California Association of Governments (SCAG). The Plan includes a technical report that outlines the existing state of active transportation and the impacts of investments in active transportation within the SCAG region. The Plan contains the following goals related to active transportation. • Encourage regional economic prosperity and global competitiveness. • Improve mobility, accessibility, reliability, and travel safety for people and goods. • Enhance the preservation, security, and resilience of the regional transportation system. • Increase person and goods throughput and travel choices within the transportation system. • Reduce greenhouse gas emissions and improve air quality. • Support healthy and equitable communities. • Adapt to a changing climate and support an integrated regional development pattern and transportation network. • Leverage new transportation technologies and data-driven solutions that result in more efficient travel. • Encourage development of diverse housing types in areas well supported by multiple transportation options. • Promote conservation of natural and agricultural lands and restoration of critical habitats. Packet Pg.335 CITY OF SAN BERNARDINO Active Transportation Plan10 COMPLETE STREETS ACT, ASSEMBLY BILL (AB) 1358 Assembly Bill (AB) 1358, also known as the Complete Streets Act of 2008, requires local agencies to integrate Complete Streets policies whenever there is a substantive revision to their General Plan, Circulation Element. This is intended to help reduce GHG emissions based on AB 32, the California Global Warming Solutions Act. CALIFORNIA TRANSPORTATION PLAN (CTP) 2050 The California Transportation Plan (CTP) 2050 provides a roadmap for achieveing a forward-looking vision: "California’s safe, resilient, and universally accessible transportation system supports vibrant communities, advances racial and economic justice, and improves public and environmental health." It contains the following eight goals, many of which are relevant to active transportation plan. • Safety: Provide a safe and secure transportation system • Climate: Achieve statewide GHG emission reduction targets and increase resilience to climate change • Equity: Eliminate transportation burdens for low- income communities, communities of color, people with disabilities, and other disadvantaged groups • Accessibility: Improve multimodal mobility and access to destinations for all users • Quality of life and public health: Enable vibrant, healthy communities • Environment: Enhance environmental health and reduce negative transportation impacts • Economy: Support a vibrant, resilient economy • Infrastructure: Maintain a high-quality, resilient transportation system Packet Pg.336 B Virtual Focus Area Session Summaries Packet Pg.337 CITY OF SAN BERNARDINO Active Transportation Plan2 VIRTUAL FOCUS AREA SESSION SUMMARIES San Bernardino Active Transportation Plan Virtual Walk Audits via Zoom The City of San Bernardino organized Virtual Workshops to gather input from community members for the San Bernardino Active Transportation Plan. The workshops were held virtually via Zoom due to the COVID-19 pandemic with the goal to hear community residents key concerns and collect feedback on bicycle and pedestrian safety and connectivity in identified locations in the City of San Bernardino and 2) better understand the community’s needs for active transportation improvements in these areas. The selection of the focus areas for this project were informed by the County’s Pedestrian Points of Interest Plan, city staff input, and connections to proposed bikeway networks. Packet Pg.338 3APPENDIX B Virtual Focus Area Sessions Summaries The Focus Area Sessions were located in following areas: FOCUS AREA SESSION #1 • Verdemont Park & Cesar Chavez Middle School • CSUSB University Village • North Sierra Way & West 40th Street FOCUS AREA SESSION #2 • Arrowview Middle School • Perris Hill Park & E Highland Avenue FOCUS AREA SESSION #3 • Locations rescheduled into Session #4 and Session #5 FOCUS AREA SESSION #4 • Waterman Avenue Shopping Center & Neal Roberts Elementary • Indian Springs High School • Abraham Lincoln Elementary FOCUS AREA SESSION #5 • San Bernardino Valley College • Inland Career Education Center • Lytle Creek Park • Encanto Park • Hospitality Lane Area & Santa Ana River Trail Access Point Packet Pg.339 CITY OF SAN BERNARDINO Active Transportation Plan4 VIRTUAL WALK AUDIT: FOCUS AREA SESSION #1 Date: Tuesday, May 18, 2021 Time: 5:30 pm - 7:00 pm Location: Virtual via Zoom Attendance: 9 total attendees: 4 community members, 3 project staff, 2 City staff Packet Pg.340 5APPENDIX B Virtual Focus Area Sessions Summaries The first Focus Area Session focused on the following three areas: • Verdemont Park & Cesar Chavez Middle School: Adjacent to each other, Cesar Chavez Middle School and Verdemont Park are nestled in a residential area just north of the CA-215. Other local schools and destinations in the area include North Verdemont Elementary School, Palm Elementary School, and Guhin Park. • CSUSB University Village: Cal State University San Bernardino is one San Bernardino’s notable anchor institutions in the northwestern part of the city. This area is home to many students and young professionals in the San Bernardino area. • North Sierra Way & West 40th Street: North Sierra Way and West 40th Street is an intersection located in a commercial area which connects various shopping centers in the Arrowhead neighborhood. Community members provided input on many different topics. These include: • Speed issues and lack of robust pedestrian infrastructure. • Improvements that should allow access to pedestrian infrastructure to increase walking and biking. • Perceived personal safety issues in this area • Existing pedestrian infrastructure and connections to trailheads need improvements in order to increase connectivity Summary of Comments Community Quotes Participants made comments that ranged from general observations to specific suggestions. Here are a few notable quotes: “On Belmont, from Palm Avenue all the way to Little League Drive, there should be a bicycle lane. There are a lot of children in the area that have to walk to Cesar Chavez or the elementary school nearby.” “Starting with 40th and Waterman Avenue and coming in different directions from the park is where I would focus efforts.” “I think the community is hungry for a trail system in San Bernardino. Also, a promotional/educational campaign to make residents aware of existing and planned trails.” “On Little League Drive, it would be nice to have a bicycle lane but with the diagonal parking, I don’t know how much of that is possible.” Packet Pg.341 CITY OF SAN BERNARDINO Active Transportation Plan6 VIRTUAL WALK AUDIT: FOCUS AREA SESSION #2 Date: Wednesday, May 19, 2021 Time: 11:00 am - 12:30 pm Location: Virtual via Zoom Attendance: 9 total attendees: 3 community members, 3 project staff, 4 City staff Packet Pg.342 7APPENDIX B Virtual Focus Area Sessions Summaries The second Focus Area Session focused on the following two areas: • Arrowview Middle School: To the east of the CA-259, Arrowview Middle School is situated within the Arrowview neighborhood near Downtown San Bernardino. Other local schools in the area include George Brown Elementary and San Bernardino High School. • Perris Hill Park & E Highland Avenue: Perris Hill Park is located along East Highland Ave and is south of the CA-210. The park features various amenities like baseball, picnic areas, playgrounds, and a water park! Community members provided input on many different topics. These include: • Meaningful connectivity between areas in San Bernardino AS an observed priority for community residents. • A robust picture of a connected network. • Dangerous mid-block crossings to get to local destinations like McDonald’s along G Street and Highland Avenue. Summary of Comments Community Quotes Participants made comments that ranged from general observations to specific suggestions. Here are a few notable quotes: “We need a route that offers connectivity from one part of town to another. Don’t do it piecemeal, but make it something complete, meaningful, and connected to destinations.” “What you are seeing is the poor conditions of the pavement itself.” “I like the intersection because it has a signalized turning lane. I like the way this intersection was made but it is a heavily traffic area. I think there should be an opportunity for a bike lane here. You don’t see too many people on their bikes here.” Packet Pg.343 CITY OF SAN BERNARDINO Active Transportation Plan8 VIRTUAL WALK AUDIT: FOCUS AREA SESSION #4 Date: Wednesday, May 26, 2021 Time: 5:00 pm - 6:30 pm Location: Virtual via Zoom Attendance: 6 total attendees: 1 community members, 3 project staff, 2 City staff Packet Pg.344 9APPENDIX B Virtual Focus Area Sessions Summaries The fourth Focus Area Session featured rescheduled locations from Focus Area Session #3. This includes the following areas: • Waterman Avenue Shopping Center & Neal Roberts Elementary: Waterman Ave Shopping Center is directly adjacent to Neal Roberts Elementary school in the Seccombe Lane and East Valley neighborhoods. • Indian Springs High School: Indian Springs High School is located south of CA-210 and east of CA-215. • Abraham Lincoln Elementary: Abraham Lincoln Elementary School is connected to East Baseline St., a commercial corridor which features heavy vehicular activity. Community members provided input on many different topics. These include: • Key corridors to further examine and focus efforts for connectivity like 9th Street. • Connectivity to transit and schools which is a major concern. • Opportunity for cross-jurisdiction and regional collaboration for connectivity. • Bicycle infrastructure as a potential regional connector. • Pedestrian infrastructure improvements like continental crosswalks and HAWK signals. Summary of Comments Community Quotes Participants made comments that ranged from general observations to specific suggestions. Here are a few notable quotes: “The problem here is that there is a jigsaw of jurisdictions. Cross- jurisdiction collaboration is needed.” “Speed management on 9th Street is critical.” “It’d be good to add a HAWK signal to get the kids to the other side of the street safely.” “Signals don’t detect bikes. The sensitivity should be increased. Infrastructure is there but it is not working as it should on 9th and Arrowhead.” Packet Pg.345 CITY OF SAN BERNARDINO Active Transportation Plan10 VIRTUAL WALK AUDIT: FOCUS AREA SESSION #5 Date: Thursday, May 27, 2021 Time: 11:00 am - 12:30 pm Location: Virtual via Zoom Attendance: 9 total attendees: 4 community members, 3 project staff, 2 City staff Packet Pg.346 11APPENDIX B Virtual Focus Area Sessions Summaries The fifth Focus Area Session featured rescheduled locations from Focus Area Session #3. This includes the following areas: • San Bernardino Valley College and Lytle Creek Park: San Bernardino Valley College and Lytle Creek Park are located west of the CA-215. • Inland Career Education Center: The Inland Career Education Center is located just east of the CA-215 in Downtown San Bernardino. • Encanto Park: To the east of the W Historic Route 66, Encanto Park is situated in the La Plaza residential neighborhood. • Hospitality Lane Area & Santa Ana River Trail Access Point: Adjacent to the Interstate 10 and located southeast of the city’s downtown area. Community members provided input on many different topics. These include: • Connecting utilitarian use and recreational use for trails which is a top priority for participants around the Santa Ana River Trail Access Point. This could serve as an opportunity for a regional connection. • Intersections that feature need for more robust pedestrian crossing support. • Sidewalks in area need updated ADA curb ramps. Summary of Comments Community Quotes Participants made comments that ranged from general observations to specific suggestions. Here are a few notable quotes: “More visible, safer crosswalks are always important because people have to cross the street to get to the bus stops.” “High visibility crosswalks would be important near the schools.” “[The sidewalks on] Acasia and some of the smaller side streets off of Baseline need some attention.” “In general the Hospitality area is palatable, at least from a pedestrian standpoint. Pedestrian infrastructure is fine. The problem is that although this area is identified as a bike corridor, there is no bicycle infrastructure. It seems like a good candidate for a complete street.” Packet Pg.347 C Focus Group Interview Summary Packet Pg.348 CITY OF SAN BERNARDINO Active Transportation Plan2 The purpose of the focus group sessions was to gain insight from key stakeholders that would be used to inform the San Bernardino Active Transportation Plan recommendations. More specifically, focus group input was used to determine priority projects. Meetings for the focus groups were held November 16th through 18th, 2021 virtually on the Zoom platform. A total of 3 focus groups were scheduled. These focus groups were organized by categories; 1) municipal agencies, 2) schools, youth groups, and transportation advocates, and 3) health and bicycle/pedestrian advocates. More than 80 stakeholders were invited to participate in focus groups, via an email blast. There were follow-up telephone calls made to encourage key stakeholders to participate. A total of 15 stakeholders participated, representing 12 different organizations from regional and local government agencies as well as schools, healthcare, and workforce development. Figure C.1 Shows the agencies/organizations that joined the focus groups. C.1 FOCUS GROUP DETAILS C.2 FOCUS GROUP PARTICIPATION Figure C-1. List of agencies/organizations at the focus group meetings Agencies Schools, Health, and Advocates Caltrans Caltrans City of Highland California State University of San Bernardino City of Colton City of San Bernardino Planning City of San Bernardino Planning El Sol Partners for Better Health City of San Bernardino Police Kaiser Permanente City San Bernardino Public Library San Bernardino City Unified School District Omnitrans San Bernardino Workforce Development (2) Packet Pg.349 3APPENDIX C Focus Group Interview Summary Focus group participants were engaged in an open- ended discussion based on topics related to the City of San Bernardino Active Transportation Plan. The conversations were about existing projects, mobility themes, corridors, and intersections/destinations. AGENCY FOCUS GROUP The focus group for the agencies discussed current transportation projects, such as the Police Department’s Office of Traffic Safety Grant, City of Highland’s Active Transportation Plan and grants, and San Bernardino County Transportation Authority’s (SBCTA) grant. The biggest concerns from other agencies were the shared streets and the Cal State San Bernardino neighborhood. HEALTH/SCHOOL/ADVOCATES FOCUS GROUP There was a lively discussion with the health, school, and advocate focus group about various transportation issues. The most common themes were about health, safety, and business connectivity. There was also discussion about increasing bicycle use, especially around schools. The participants took part in two polls to vote for priority projects. The projects were categorized into corridors and intersections/ destinations. They were selected based on the Existing Conditions Analysis and input received from the community engagement process. PRIORITY CORRIDORS The agencies helped prioritize the corridors. The top 3 corridors were Highland Avenue (100% of votes), Baseline Street (60% of votes) and E Street (40% of votes). PRIORITY INTERSECTIONS/DESTINATIONS The discussion with the health, school and bicycle/ pedestrian advocates favored intersections and destinations at Pioneer Square/Court Street, California State University San Bernardino, San Manuel Stadium and Waterman Avenue & 40th Street. Note: Due to the COVID pandemic the project team conducted focus groups online as part of the community outreach, to ensure safety. C.3 FOCUS GROUP DISCUSSION C.4 PRIORITY PROJECT POLLS Packet Pg.350 D Outreach Event Summaries Packet Pg.351 CITY OF SAN BERNARDINO Active Transportation Plan2 SAN BERNARDINO FOOD FEST AND GENERAL PLAN UPDATE Packet Pg.352 APPENDIX D Outreach Event Summaries 3 As part of San Bernardino’s General Plan Update FutureSB2050, the Active Transportation Project Team participated in the SB FoodFest, where community members were asked to provide input about the Plans. San Bernardino’s Active Transportation Plan was included as part of the Future SB2050 Passport activity, which required participants to visit each booth and get a stamp. There were more than 50 people who passed by the ATP booth. The booth had project board displays and various ways to provide comments. Community members were asked to share their thoughts about bicycle, pedestrian, and transit options. More importantly, this was an opportunity to show participants the potential for active transportation infrastructure and programming improvements in their City. OVERVIEW San Bernardino Food Fest and General Plan Update Court Street Square San Bernardino, CA Saturday, June 26, 2021 5:00 PM - 8:00 PM Packet Pg.353 CITY OF SAN BERNARDINO Active Transportation Plan4 PROJECT BACKGROUND The City of San Bernardino Active Transportation Plan (ATP) is intended to improve walking, biking, and connections to transit! Locally, the ATP will complement the current General Plan Update and Downtown Specific Plan projects. San Bernardino’s ATP will also contribute to the transportation planning efforts as part of the County’s regional network. The ATP project timeline is from October 2020 until July 2022. Packet Pg.354 APPENDIX D Outreach Event Summaries 5 EVENT ACTIVITIES COMMUNITY QUOTES The ATP Team interacted with community members by offering them different options to provide input: survey questionnaire, online mapping tool, comment card, and coloring activity. Online Mapping Tool: Handheld tablets were provided for place-based comments, where participants could identify key destinations and areas of concerns using the online map. Survey Questionnaire: Participants could share their walking and biking travel patterns and preferences by answering a few questions. Approximately 12 surveys were collected at the event. Comment Cards: To collect community feedback, comment cards were used to gather insights about bicycling, walking, and transit. The comment cards were available in both English and Spanish. A total of 30 comment cards were collected at the event. Safety Coloring Activity: Safety educational coloring worksheets were available to teach young attendees about walking and biking. The coloring sheets allowed children to participate in the planning process, as their artwork may be featured in the ATP. The Active Transportation booth attracted more than 50 community members. They made comments that ranged from general observations to specific suggestions. Here are a few notable quotes: “Walkability to downtown should be a priority” “I would like protected bike lanes, like those in Munich, by the college transit center” “I would like to walk around and bike the neighborhood, but I don’t feel safe” “I like (downtown) as a destination, like walking here ... and it has a lot of potential” “Shade structures (due to SoCal heat) … should be prioritized” “Make access to bike lanes … at crossings” “I like a parklet at Pioneer Square” Packet Pg.355 CITY OF SAN BERNARDINO Active Transportation Plan6 Packet Pg.356 APPENDIX D Outreach Event Summaries 7PacketPg.357 CITY OF SAN BERNARDINO Active Transportation Plan8 Packet Pg.358 APPENDIX D Outreach Event Summaries 9PacketPg.359 CITY OF SAN BERNARDINO Active Transportation Plan10 SOUTHERN CALIFORNIA MOUNTAINS FOUNDATION COMMUNITY MEETING Packet Pg.360 APPENDIX D Outreach Event Summaries 11 The Active Transportation Project Team conducted a joint meeting with the Southern California Mountains Foundation Urban Conservation Corps. The purpose of the meeting was to present an overview of the San Bernardino Active Transportation Plan (ATP), and to discuss common active transportation themes, with an emphasis on pedestrian improvements. Participants were encouraged to give their input about the plan. Approximately 20 regional leaders and community members provided insights about walking, biking other related issues. The event activities used a variety of methods to gather community input for the San Bernardino ATP. Community members had opportunities to comment about the plan through a round table discussion, hand tally, and display boards. Round Table Discussion: The project team led a round table discussion about the City's Active Transportation Plan's potential infrastructure improvements and programs. Some of the common themes that were discussed include the desire to have more trees and landscaping to provide shade from the heat and the interest in offering bicycle connectivity to adjacent municipalities. Hand Tally Vote: Community members were asked to participate in a hand tally vote for the active transportation toolbox, which featured pedestrian infrastructure. Some of the most popular pedestrian infrastructure treatments that community members expressed support to include: pedestrian hybrid beacons, high visibility crosswalks, pedestrian countdown signals, school and pedestrian signage, curb extensions, and pedestrian flashing beacons. These infrastructure treatments received support from all event participants. Display Boards: Display boards with maps and other content were available as tools to help facilitate conversations about active transportation activitiesin the city. Participants shared comments on specific concerns they had for hyper- local areas in the city. OVERVIEW EVENT ACTIVITIES Southern California Mountains Foundation Community Meeting 1355 W. 26th Street, San Bernardino, CA Saturday, August 7, 2021 10:00 AM - 12:00 PM Packet Pg.361 CITY OF SAN BERNARDINO Active Transportation Plan12 PROJECT BACKGROUND The City of San Bernardino Active Transportation Plan (ATP) is intended to improve walking, biking, and connections to transit! Locally, the ATP will complement the current General Plan Update and Downtown Specific Plan projects. San Bernardino’s ATP will also contribute to the transportation planning efforts as part of the County’s regional network. The ATP project timeline is from October 2020 until July 2022. Packet Pg.362 APPENDIX D Outreach Event Summaries 13PacketPg.363 CITY OF SAN BERNARDINO Active Transportation Plan14 Packet Pg.364 APPENDIX D Outreach Event Summaries 15PacketPg.365 CITY OF SAN BERNARDINO Active Transportation Plan16 SAN BERNARDINO DOWNTOWN SPECIFIC PLAN EVENT Packet Pg.366 APPENDIX D Outreach Event Summaries 17 OVERVIEW EVENT ACTIVITIES PROJECT BACKGROUND San Bernardino Downtown Specific Plan XXXX W. XXXX Street, San Bernardino, CA Thursday, September 16, 2021 00:00 AM - 00:00 PM Event attendees provided a wealth of information on the large format map. Since the event attracted a lot of bicycle enthusiasts, the majority of event attendees gave comments relevant to improving the City’s bicycling infrastructure. Display Boards: Display boards with maps and other content were available as tools to help facilitate conversations about active transportation activities in the city. Participants shared comments on specific concerns that they had for hyper-local areas in the city. The City of San Bernardino Active Transportation Plan (ATP) is intended to improve walking, biking, and connections to transit! Locally, the ATP will complement the current General Plan Update and Downtown Specific Plan projects. San Bernardino’s ATP will also contribute to the transportation planning efforts as part of the County’s regional network. The ATP project timeline is from October 2020 until January 2022. On Thursday, September 16, 2021, the Active Transportation Project Team conducted a joint meeting with the the City of San Bernardino. The purpose of the meeting was to present an overview of the San Bernardino Active Transportation Plan (ATP), and to discuss common active transportation themes, with an emphasis on pedestrian improvements. Participants were encouraged to give their input about the Plan. Participants provided useful insights about walking, biking and other related issues. Packet Pg.367 CITY OF SAN BERNARDINO Active Transportation Plan18 RENDEZVOUS BACK TO ROUTE 66 Packet Pg.368 APPENDIX D Outreach Event Summaries 19 OVERVIEW Rendezvous Back to Route 66 Court Street Square San Bernardino, CA Saturday, October 2, 2021 9:00 AM - 9:00 PM The City of San Bernardino Area Chamber of Commerce and event organizers hosted the eighth annual Route 66 event for thousands of car enthusiasts in the region. The event featured a car parade, music, and food for the community. This regional event was an opportunity for the City to conduct community outreach for some of its ongoing planning projects. The project team for the San Bernardino Active Transportation Plan (ATP) shared a joint information booth with the teams for the General Plan Update FutureSB2050 and the Downtown San Bernardino Development project to gather input. The project team interacted with more than 100 people. There were many lively discussions about the ATP’s project priorities and other related issues. The conversations were conducted in both English and Spanish. Packet Pg.369 CITY OF SAN BERNARDINO Active Transportation Plan20 PROJECT BACKGROUND The City of San Bernardino Active Transportation Plan (ATP) is intended to improve walking, biking, and connections to transit! Locally, the ATP will complement the current General Plan Update and Downtown Specific Plan projects. San Bernardino’s ATP will also contribute to the transportation planning efforts as part of the County’s regional network. The ATP project timeline is from October 2020 until July 2022. Packet Pg.370 APPENDIX D Outreach Event Summaries 21 EVENT ACTIVITIES Event activities focused on project priorities. Participants were encouraged to provide input on comment cards using exhibits on display boards as guidance. A bicycle/ pedestrian safety coloring activity was also provided for children. Comment Cards: Comment cards were used to rank street corridors, intersections, and destinations. The corridors were identified from Phase I of the outreach and engagement effort, and the exercise helped to guide potential project priorities. Comment cards were available in English and Spanish. The project team collected a total of 42 comment cards at the event. Safety Coloring Activity: Safety educational coloring worksheets were available to teach young attendees about walking and biking. Packet Pg.371 CITY OF SAN BERNARDINO Active Transportation Plan22 Packet Pg.372 APPENDIX D Outreach Event Summaries 23PacketPg.373 CITY OF SAN BERNARDINO Active Transportation Plan24 Packet Pg.374 APPENDIX D Outreach Event Summaries 25PacketPg.375 CITY OF SAN BERNARDINO Active Transportation Plan26 21ST VETERAN'S DAY PARADE AND SALUTE Packet Pg.376 APPENDIX D Outreach Event Summaries 27 OVERVIEW EVENT ACTIVITIES PROJECT BACKGROUND 21st Veteran's Day Parade and Salute Court Street Square San Bernardino, CA Thursday, November 11, 2021 9:00 AM The City of San Bernardino Parks, Recreation, and Community Services and event organizers hosted the twenty-first annual Veteran’s Day Parade and Salute event. The event featured a parade, music, and food for the community. This local event was an opportunity for the City to conduct community outreach for the San Bernardino Active Transportation Plan. The Project Team engaged with many community members about project priorities and active transportation in the city. Event activities focused on project priorities. Participants were encouraged to provide input on comment cards using exhibits on display boards as guidance. Comment Cards:Comment cards were used to rank street corridors, intersections, and destinations. The corridors were identified from Phase I of the outreach and engagement effort, and the exercise helped to guide potential project priorities. Comment cards were available in English and Spanish. The City of San Bernardino Active Transportation Plan (ATP) is intended to improve walking, biking, and connections to transit! Locally, the ATP will complement the current General Plan Update and Downtown Specific Plan projects. San Bernardino’s ATP will also contribute to the transportation planning efforts as part of the County’s regional network. The ATP project timeline is from October 2020 until June 2022. Packet Pg.377 CITY OF SAN BERNARDINO Active Transportation Plan28 Packet Pg.378 APPENDIX D Outreach Event Summaries 29PacketPg.379 CITY OF SAN BERNARDINO Active Transportation Plan30 SAN BERNARDINO ARTS FEST & GO HUMAN KIT OF PARTS ACTIVATION Packet Pg.380 APPENDIX D Outreach Event Summaries 31 OVERVIEW San Bernardino Arts Fest & Go Human Kit of Parts Activation Court Street and D Street, San Bernardino, CA Saturday, March 19, 2022 10:00 AM - 4:00 PM On Saturday, March 19th, 2022, the Active Transportation Project Team participated in the Go Human Kit of Parts Activation in Downtown San Bernardino to engage with community members about the San Bernardino Active Transportation Plan (ATP). The Go Human Kit of Parts Activation was a community engagement effort that used elements from the Kit of Parts borrowed from the Southern Association of Governments (SCAG) to showcase pedestrian, bicycle, and placemaking elements in Downtown San Bernardino. It was part of the festivities at the San Bernardino’s Arts Fest, which included more than 20 artists, a lineup of music and dance performers, plus food vendors. The Project Team engaged with approximately 100 community members about the street elements. The team also received 21 comment cards about network topic priorities for the Active Transportation Plan. Packet Pg.381 CITY OF SAN BERNARDINO Active Transportation Plan32 PROJECT BACKGROUND The City of San Bernardino Active Transportation Plan (ATP) is intended to improve walking, biking, and connections to transit! Locally, the ATP will complement the current General Plan Update and Downtown Specific Plan projects. San Bernardino’s ATP will also contribute to the transportation planning efforts as part of the County’s regional network. The ATP project timeline is from October 2020 until July 2022. Packet Pg.382 APPENDIX D Outreach Event Summaries 33 EVENT ACTIVITIES The event had many activities for community members to share input for the San Bernardino ATP. They could participate in small group tours to learn about the Kit of Parts elements, community feedback activities, comment cards, display boards, and safety coloring activity. Kit of Parts Activation & Small Group Tours: The Project Team led small group tours to teach and engage with community members about the artistic crosswalk, separated bike lane, parklet, and curb extension. Many, if not all, of the elements, were new to the city. The event allowed community members to experience firsthand how the new infrastructure could transform city streets. Community Feedback Activities: Community members participated in a survey through display boards about their preferences for the street elements. They overwhelmingly showed support for making the elements permanent in the city. Comment Cards: The Project Team asked community members to help rank the criteria to use for prioritizing projects. The criteria identified include: Community Need/Input, Equity, Health, Network Connectivity and Safety. The highest ranking priorities are safety and network connectivity. The lowest priority is health. Safety Coloring Activity: Families with children were invited to participate in a coloring activity about safe biking and walking. Approximately one dozen coloring worksheets were handed out to kids who were interested in learning more about safety. Packet Pg.383 CITY OF SAN BERNARDINO Active Transportation Plan34 Packet Pg.384 APPENDIX D Outreach Event Summaries 35PacketPg.385 CITY OF SAN BERNARDINO Active Transportation Plan36 Packet Pg.386 APPENDIX D Outreach Event Summaries 37PacketPg.387 Packet Pg.388 Packet Pg.389 Packet Pg.390 Packet Pg.391 Packet Pg.392 Packet Pg.393 Packet Pg.394 Packet Pg.395 Packet Pg.396 Packet Pg.397 Packet Pg.398 Packet Pg.399 Packet Pg.400 Packet Pg.401 Packet Pg.402 Packet Pg.403 Packet Pg.404 Packet Pg.405 Packet Pg.406 Packet Pg.407 Packet Pg.408 Packet Pg.409 Packet Pg.410 Packet Pg.411 Packet Pg.412 Packet Pg.413 Packet Pg.414 Packet Pg.415 Packet Pg.416 Packet Pg.417 Packet Pg.418 F Design Guidelines Packet Pg.419 CITY OF SAN BERNARDINO Active Transportation Plan2 INTRODUCTION The Design Guidelines is a guide that intends to provide supplemental and consolidated information rooted in existing local, state, and national guidance to identify potential pedestrian, bicycle, and traffic calming infrastructure for implementing improvements on the Active Transportation Network. It also seeks to expand the users’ knowledge base of the opportunities and constraints for different infrastructure treatment. The menu of infrastructure treatments addresses situations that pertain to pedestrians, bicycles, traffic calming, transit usage, and goods movement. Engineering judgment from a licensed engineer shall remain a gatekeeper for overall guidance. Packet Pg.420 3APPENDIX F Design Guidelines DESIGN CONTEXT NATIONAL STANDARDS AND GUIDELINES Federal Highway Administration (FHWA) Manual on Uniform Traffic Control Devices (MUTCD) is a nationally standardized guideline for the uniform implementation of traffic control devices (signs, signals, and pavement markings) on streets, highways, and bicycle trails that are open to the public (Title 23 of the Code of Federal Regulations, Part 655.603). Contents of the MUTCD include design, application, and placement, standards, guidance, options, and support for traffic control devices. The FHWA MUTCD forms the foundation for the California MUTCD prepared by Caltrans. Requests for experimentation for traffic control devices that are not included within the MUTCD should follow the ruling detailed in Paragraph 11 of Section 1A.10 and should originate with Caltrans, who would oversee the experimentation of new devices in California. Standard Highway Signs and Markings is a specification manual released in 2004 and updated in 2012. It is intended to be used in tandem with the Federal Highway Administration Manual on Uniform Traffic Control Devices (MUTCD) as it provides detailed measurements and reference information for each nationally standardized signage assemblies. American Association of State Highway and Transportation Officials (AASHTO) The Guide for the Planning, Design, and Operation of Pedestrian Facilities (2004) offers pedestrian-centric design considerations for a breadth of facility types for a spectrum of user typologies. Pedestrian mobility is a fundamental active transportation mode but those walking, skating, and rolling are also vulnerable by their implicit exposure to motorized vehicles. As such the Guide takes an approach that starts with these users in a “design pedestrian” concept that encourages inclusive and safety for all users within the built environment. The Guide for the Development of Bicycle Facilities, 4th Edition (2012) provides planners, engineers, and policy advocates a foundational understanding of bicycle facility planning and design considerations for safe and convenient transportation. The design considerations transcend multiple facility typologies from on-street to off-street, as well as operation and maintenance best practices. Since bicycling is expected to take place on all vehicular roadways, unless otherwise restricted, responsive guidelines herein offer a comprehensive approach to enable non-motorized users. Packet Pg.421 CITY OF SAN BERNARDINO Active Transportation Plan4 A Policy on Geometric Design of Highways and Streets, 7th Edition (2018) commonly referred to as the “Green Book” provides current geometric design best practices for highways and streets. Consideration of multiple variables is characteristic of active transportation facility design, balancing motorized and non-motorized user best practices to plan and design for implementable networks. Americans with Disabilities Act (ADA) ADA Standards for Transportation Facilities (2006) is an important part of planning for the full spectrum of users within a community. As such the 2006 document includes specific standards, exceptions, and advisory guidelines for the implementation of new transportation facilities. The focus is on public transportation facilities, including bus stops and stations, and rail stations. These standards are adopted by the U.S. Department of Transportation. 2010 ADA Standards for Accessible Design is the most current update to the ADA standards, applicable to facilities other than bus stops and stations or rail stations, including curb ramps, slope requirements, and pedestrian railings along stairs. The 2010 ADA Standards were not intended to include sidewalks, on-street parking, bike paths, or other aspects in the public right-of-way, but until such specific guidelines are adopted, the 2010 ADA Standards for Accessible Design remain the enforceable standard. These standards are adopted by the U.S. Department of Justice. 2011 Proposed Guidelines for Pedestrian Facilities in the Public Right-of-Way known colloquially as PROWAG, would address pedestrian facilities including street crossings, access routes, detectable warning surfaces, accessible signals and push buttons, on-street parking spaces, passenger loading spaces, and bike paths. PROWAG will not be an enforceable standard until adopted as a requirement by the U.S. Department of Justice and Transportation. As of 2019, this has not yet occurred. While several states have adopted PROWAG for their own use, California is not one of them. National Association of City Transportation Officials (NACTO) Urban Bikeway Design Guide (2014) is built upon that understanding that unique bikeway feature applications are needed to bolster “complete streets” for all users in a variety of roadway situations and cities. The toolbox of treatments and design guidelines is rich with best practices solutions that are nationally recognized by the FHWA with inclusions in the MUTCD, as well as by Caltrans. Each feature within the guide provides a tiered level of guidance: “Required: elements for which there is a strong consensus that the treatment cannot be implemented without; Recommended: elements for which there is a strong consensus of added value; and Optional: elements that vary across cities and may add value depending on the situation.” Urban Street Design Guide is based on an understanding that roadways are innately public spaces that should attend to the demands of pedestrians, bicyclists, vehicular traffic, and transit modes in a safe way. As such the fluidity of roadway design can attend to this initiative of multi-modal design practices by providing: case studies, recommendations, references, design alternatives. These scenarios are provided for streets, intersections, and phasing elements. Global Street Design Guide pulls from case studies on a global scale to provide a multi-modal approach to improving, “access, safety, and mobility for all users, environmental quality, economic benefit, enhancement of place, public health, and overall quality of life.” Pedestrians, bicyclists, transit riders, motorists, freight movement, and people doing Packet Pg.422 5APPENDIX F Design Guidelines business interact with a variety of street typologies. The design guide provides examples and references on multi- modal user facilities encouraging agencies to realize the potential of their respective streets, corridors, and networks. Don't Give Up at the Intersection: Designing All Ages and Abilities (Bicycle Crossings) provides best practices for the design of bikeways through intersections. The guide covers protected bike intersections, dedicated bike intersections, and minor street crossings, as well as signalization strategies to reduce conflicts and increase comfort and safety. STATE OF CALIFORNIA STANDARDS AND GUIDELINES California Department of Transportation (Caltrans) California Highway Design Manual, 6th Edition establishes uniform standards, procedures, policies, and requirements to carry out highway design functions for the California Department of Transportation. Active transportation facilities that seek to be implemented within this jurisdiction should reference this manual to ensure compliance. California Streets & Highways (S&H) Code 891(a) requires that all bikeways, even those not under state jurisdiction, conform to the Highway Design Manual. This is a unique statute that does not apply to motor vehicle facilities but only to bikeways. Variances from this manual may be utilized through a process defined in S&H Code 891(b) provided that they conform to NACTO or AASHTO guidelines. The manual updates regularly, sometimes multiple times per year. It is the user's responsibility to stay current. California Manual on Uniform Traffic Control Devices, 2014 Edition Revision 4 (2018) provides uniform standards and specifications for all official traffic control devices in California, conforming to California Vehicle Code laws and regulations. While the CAMUTCD stems from the FHWA MUTCD and has been officially adopted by the FHWA, the support, guidance, and options within are contextually sensitives towards California best practices. All bikeway traffic control devices must conform to the CAMUTCD unless a variance is sought in a process similar to that for the Caltrans Highway Design Manual. Standard Plans and Specifications, 4th Editions (2018) are intended to complement each other for reference on the applications of striping, pavement markings, pavement, curbs/ramps, drainage, traffic control, and other design elements. Sign Specifications Drawings (2014) are a complete set of updated and approved sign standards for use in California. Reference should be made to the CAMUTCD for comprehensive application guidance, which is adopted by the FHWA. Main Street, California: A Guide for Improving Community and Transportation Vitality (2013) is a guide that pinpoints references to the breadth and depth of resources for project planners and engineers can use to create btter main streets. As such design flexibility is encouraged to prepare congruent regional and local design applications for pedestrian and bicycle facilities, and other traffic calming features along state highways. LOCAL STANDARDS City of San Bernardino The City of San Bernardino Public Works Engineering Division provides several design policy and procedure documents that include Engineering Design Drawings, and Traffic Engineering, Packet Pg.423 CITY OF SAN BERNARDINO Active Transportation Plan6 Storm Design, Sewer Design, Street Improvement, and Shared Parking Design Policies and Procedures. The information is intended to provide uniform design and guidance to design engineers preparing improvement plans for the City. San Bernardino County The Department of Public Works-Transportation Design Standards and Land Development design standards provide guidance on the design of various roadway infrastructure. The information is intended to provide uniform design and guidance to design engineers preparing improvement plans for the County. Note: The Design Guidelines do not contain discussions of additional infrastructure that may be needed to fully install the infrastructure. Examples of such infrastructure include signage, striping, and traffic signal modifications. Guidelines for Transit treatments could be referenced in the OmniTrans Transit Design Guidelines. Packet Pg.424 BIKEWAYS Class I Off-Street Bike Path Class IV On-Street Separated Bikeway Class II Buffered Bike Lane Class III Bike Boulevard Packet Pg.425 CITY OF SAN BERNARDINO Active Transportation Plan8 Caltrans HDM FHWA Bikeway Selection Guide, Feb. 2019 AASHTO Guide for the Development of Bicycle Facilities ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Two-way: 12’ (10' if between railings on structure): 8' traveled-way + 2' left shoulder + 2' right shoulder • Vertical clearance: 8' over path, 7' over shoulders • Cross slope: 1% • Separation between the edges of the bikeway & roadway: 5’ + standard shoulder width • Horizon curvature radius: 90’ (20MPH); 160’ • (25MPH); 260’ (30MPH); or use warning signing/ striping if smaller • Stopping Sight Distance: 125’ (20MPH); 175’ (25MPH); 230’ (30MPH) Maximums • Super elevation/Cross slope: 2% • Grade: 5% Other Preferred width: • Two-way: 16’ (8' traveled way + 3' left shoulder + 3' right shoulder), 18’+ if possible (12' traveled way + 3' left shoulder + 3' right shoulder) • Bike paths immediately adjacent to streets/highways are not recommended, due to introducing major conflicts at intersections with vehicles, transit passengers at stops, and vehicle occupants crossing the path • Can be appropriate along roads with higher traffic volumes and higher vehicle speeds as well as away from roadways at parks, greenbelts, and utility corridors. IMPLEMENTATION • Transitions to/from/across vehicle roadways and intersections • Sight distance and maintaining STOP/YIELD controls where the bikeway crosses other paths of travel KEY CONCERNS CLASS I OFF - STREET BIKE PATH A Class I Off-Street Bike Path is a completely separated facility for the exclusive use of bicycles and pedestrians with crossflow by motor vehicles minimized. It can be used as a recreational route or as a high-speed commute route when motor vehicle and pedestrian conflicts are minimized. Packet Pg.426 9APPENDIX F Design Guidelines CLASS II BIKE LANE Caltrans Highway Design Manual (HDM) California MUTCD ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Adjacent to curb face or on-street parking lane: 5’ (includes gutter pan width) or adjacent parking lane • Adjacent to right-turn only lane: 4’ (≤40 MPH posted speed) or 6’ (>40 MPH), with right-hand stripe 8" wide per Caltrans Detail 38A • Adjacent to roadside with no parking or curb: 4’ Maximums Cross slope: • 3% (resurfacing/widening to match the existing cross slope) Other Guidance at intersections: • Terminate the solid stripe between 50’ (short blocks <400’) and 200’ (long blocks, or speeds >35 MPH) prior to the intersection where right turns are permitted from the outer through travel lane, and use a dashed line carried to or near the intersection • Can be appropriate on roads with moderate traffic volumes and moderate vehicle speeds • Can be appropriate on higher speed roadways if increased width is provided for the bike lane • At trap right-turn lanes, terminate the solid bike lane with a gap of ≥100’ (or distance ”d” per CAMUTCD 2C.05 for posted speeds >40MPH) to the beginning of a striped right-turn-only lane, and continue the solid bike lane lines to the left of the right-turn-only lane. IMPLEMENTATION • When reducing travel lane width to add/widen bike lanes, need to consider factors such as vehicle speeds, truck volumes, alignment, bike lane width, sight distance, presence of on-street parking • Integration with existing lane configurations, driveways, and roadside features. • Bicycle signal controls. KEY CONCERNS A Class II Bike Lane is a portion of the roadway that is designated by striping, signaling, and/or pavement markings for the exclusive use of bicyclists. They are established along streets and corridors where there is significant demand, and where there are distinct needs that can be served by them. Packet Pg.427 CITY OF SAN BERNARDINO Active Transportation Plan10 CLASS II BUFFERED BIKE LANE California MUTCD Figure 9C-104(CA) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • 1.5‘ (bound by two solid lines without interior markings) • Buffer with interior markings (chevron or diagonal): 4’ or greater Maximums • No specified maximum geometric requirements new to Class II bikeway facilities Other • Requires additional maintenance when compared to a conventional bicycle lane, such as keeping the facility free of potholes, broken glass, and other debris • Requires additional right-of-way or roadway space to accommodate buffer alongside bike lane • Signage: Standard and special signage for bike lanes should be installed based on MUTCD guidelines. For example: Bike Lane Sign (R81(CA)), BEGIN (R81A(CA)), END (R81B(CA)), No Parking Bike Lane Signs (R7-9, R7- 9a), Bicycle Regulatory Signs (R9-5, R9-6, etc.) • Can be appropriate on roads with moderate traffic volumes and moderate vehicle speeds • Can be appropriate on higher speed roadways if increased width is provided for the bike lane or buffer IMPLEMENTATION • Striping configuration to allow vehicles to cross buffer zone to enter/exit driveways • Ensuring that the traveled way for motor vehicles, adjacent to the buffered bikeway area, is afforded sufficient space to maintain the agency’s desired/ allowable travel lane widths for each travel lane • If raised devices are desired within the buffer area, then the bikeway classification must change to a separated bike lane and the designer shall adhere to the guidelines and requirements for Class IV Bikeways KEY CONCERNS A Class II Buffered Bike Lane is a conventional bicycle lane (i.e., Class II Bike Lane) paired with a designated buffer space c omposed of painted stripes and pavement markings adjacent to the bike lane. The striped separation from vehicular traffic can decrease exposure, increase the perceived user level of comfort, provide a space for bicyclists to pass one another without encroaching into the motor vehicle travel lane, and also encourage bicyclists to ride outside of the door zone when the buffer is placed between the bike lane and adjacent on-street parked cars. Packet Pg.428 11APPENDIX F Design Guidelines DESIGN GUIDANCE Minimums (For Pavement Marking): The lateral positioning of shared lane markings should be such that the center of the marking within the lane is at least X feet from the face of the curb (or edge of pavement without curb), under the following conditions: Streets with On-Street Parking: ºEffective lane width <14’; X = at the center of the effective lane width ºEffective lane width =14’ or greater ; X = 13’ or greater • Streets without On-Street Parking: ºOutside travel lane <14’ to the curb face or edge of pavement without curb; X = at the center of the travel lane ºOutside travel lane =14’ or greater; X = 4’ or greater from the curb face or edge of pavement without curb CLASS III BIKE ROUTE - MARKED SHARED LANE A marked shared roadway uses shared lane markings or “sharrows” to guide bicyclists to the most appropriate path to ride along. Sharrows can aid with having more predictable bicycle movements by informing motorists to share the roadway, showing bicyclists the direction and location of travel, and discouraging riders from traveling too close to the “door zone”. Maximums • Street width 14' or more: 13' from lateral reference point (Curb or Edgeline) Other • Spacing: place immediately after the intersection and space no greater than 250’ thereafter • Closer spacing can be used to navigate low sight distance environments or busy intersections Packet Pg.429 CITY OF SAN BERNARDINO Active Transportation Plan12 California MUTCD Figure 9C-108(CA) Note: The “effective lane width” is the width of the pavement available after subtracting the width of the parking vehicle and door zone (typically 10’) from the distance of the lane/centerline to the face of the curb/edge of the pavement. See CAMUTCD Figure 9C-108(CA) for more details. ADDITIONAL REFERENCES & GUIDELINES • Can be appropriate on roads with low traffic volumes and low vehicle speeds • Shared lane markings should be used on roads with posted speed limits of 35 MPH or less IMPLEMENTATION • Maintaining safety for bicyclists sharing the roadway with motorized traffic • Travel speeds • Unsafe vehicle overtaking where there is minimal roadway width • Dooring hazards adjacent to on-street parked cars • Considering the impact of bicycles opting to ride on the sidewalk KEY CONCERNS CLASS III BIKE ROUTE - MARKED SHARED LANE (CONTINUED) Packet Pg.430 13APPENDIX F Design Guidelines CLASS III BIKE BOULEVARD California MUTCD Figure 9C-108(CA) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Shared-lane element of bike boulevards (pavement markings): • Street width 14' or more: 13' from lateral reference point (curb or edgeline) Street width less than 14': Center of the effective lane width Maximums • No specified maximum geometric requirements new to Class III bikeway facilities Other • Mainly applied on collector, Downtown streets, and local/ neighborhood street roadwaysIncreases comfort for bicyclists by reducing motorist speeds and volumes, if diverters or roundabouts are included • Connects residential roads to commercial corridors/ community services. • Can be appropriate on roads with low traffic volumes and low vehicle speeds. • If combined with other features such as traffic calming features, implementation for such items may impact where bicycle boulevards may be implemented IMPLEMENTATION • Common issue of resident/business push back where on-street parking is removed • Continuity of bike boulevard elements at major/busy/ built-out intersections • Varying roadway widths, narrow shoulders. • Driveway crossings for existing commercial uses can create conflict points. KEY CONCERNS A Class III Bike Boulevard is a special type of bike route where a street is designed to accommodate bicyclists with a wide variety of skill levels. Bike boulevards offer all of the features of a signed or marked shared lane with added considerations, such as traffic calming elements, and traffic diversion techniques that restrict thru-traffic restrictions for motor vehicle traffic while allowing bicyclists to proceed through. Bicycle boulevards promote low-speed and low-volume streets that cannot accommodate or do not need exclusive bike lanes. Packet Pg.431 CITY OF SAN BERNARDINO Active Transportation Plan14 CLASS IV ON-STREET SEPARATED BIKEWAY Caltrans Class IV Bikeway Guidance Design Info Bulletin #89 Caltrans HDM Chapter 1000 Protected Bikeways Act of 2014 FHWA Separated Bike Lane Planning and Design Guide Public Rights-of-Way Accessibility Guidelines ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Clear bike lane width (one-way): 5’ (4’ when located at accessible parking or a bus stop) • Clear Bikeway Width (2-way): Use Class I standards • Separation Width or Buffer: ºBetween an on-street parking lane and the edge of the traveled way: 3’ (5’ if accessible parking) ºNo On-Street Parking: 2’ Maximums • No maximum geometrics specified Other • Preferred geometrics: ºClear bike lane width (one-way): 7’ ºClear bikeway width (2-way): Use Class 1 standards ºSeparation Width or Buffer: 3’ • Can be appropriate on roads with higher traffic volumes and higher vehicle speeds. • Local jurisdictions must be involved when analyzing these impacts with local residents and deciding what features are to be included in the street modification. IMPLEMENTATION • Crossing points at intersections, alleys and driveways • Unloading and loading zones, transit stops, and valet parking areas • Selection of vertical element separation type. • Maintenance • Traffic control work zones through separated bikeways. KEY CONCERNS A Class IV Separated Bikeway, also known as a cycle track or protected bike lane, is a one- or two-way bikeway for the exclusive use of bicycles that includes a physical, vertical barrier between bicyclists and motor vehicle traffic within the roadway. Packet Pg.432 15APPENDIX F Design Guidelines CLASS IV RAISED SEPARATED BIKEWAY Caltrans Class IV Bikeway Guidance Design Info Bulletin #89 Caltrans HDM Chapter 1000 Protected Bikeways Act of 201 FHWA Separated Bike Lane Planning and Design Guide (FHWA Guide) HDM Topical 105 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Clear bike lane width (one-way): 5’ (4’ when located at accessible parking or a bus stop) • Clear Bikeway Width (2-way): Use Class I standards • Separation Width or Buffer: ºOn-street, between an on-street parking lane and the edge of the traveled way: 3’ ºOn-street, with No On-Street Parking: 2’ ºOn the sidewalk, between the edge of the traveled way (no on-street parking) and the edge of the vertical element separating the bikeway and buffer: 1.5’ ºOn the sidewalk, between the edge of the traveled way (with on-street parking) and the edge of the vertical element separating the bikeway and buffer: 3’ Maximums • No maximum geometrics specified Other • Preferred geometrics: Clear bike lane width (one-way): 7’ Clear bikeway width (2-way): Use Class 1 standards Separation Width or Buffer: 3’ • The separated bikeways may be raised vertically to an elevation higher than the finished grade of the roadway, but should not be raised at intersections, alleys and driveways • For partial sidewalk conversions, the part of the sidewalk used for the separated bikeway is separated by a continuous detectable element (barrier, planers, curb, flexible post; however, these elements may be omitted) and can no longer be used by pedestrians. IMPLEMENTATION • Ensuring adequate ADA clearance for pedestrians on walkable portions of the sidewalk • Designing for sidewalk and above-grade treatments at driveways and intersections KEY CONCERNS A Class IV Raised Separated Bikeway is a separated bikeway is typically designed to be either at the same grade as the adjacent sidewalk or set at an intermediate level mountable curb between the roadway and sidewalk. Packet Pg.433 ROADWAY Lane Narrowing High Visibility Crosswalk with Pedestrian Refuge Island Packet Pg.434 17APPENDIX F Design Guidelines LANE NARROWING Caltrans HDM Index 301.1 - Lane Width AASHTO Greenbook NACTO's Urban Street Design Guide. FHWA's PEDSAFE: Lane Narrowing ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums Caltrans: • 12' on State Highways (hwy) >45MPH; all State Highways connecting to a freeway interchange (2- lane hwy = all lanes; multi-lane hwy = outermost lane in each direction) • 11' on State Highways ≤40MPH Maximums • Refer to Caltrans HDM for lane width minimum design values Other • Normal lane width = 12' • Where unequal-width lanes are used, locate the wider lane on the outside (right) to provide more space for large vehicles and bicycles, right turns, and a larger buffer from the curb • Can be applied where lane widths exceed the needs of the types of vehicles traveling along the roadway, where a reduction of vehicular travels speeds are desired, or where improvements to bikeways and pedestrian facilities are desired IMPLEMENTATION Lane narrowing narrows the existing travel lanes so the roadway can better accommodate multiple types of users. The treatment is intended to improve the overall safety and traffic flow of the roadway and potentially accommodate the addition of a bikeway facility. Maintaining adequate lane width for large vehicles such as: • Trucks and semi/trailer units • Buses • RVs; and fire trucks and articulated emergency vehicles ADDITIONAL NOTES Packet Pg.435 CITY OF SAN BERNARDINO Active Transportation Plan18 ROADWAY RECONFIGURATION FHWA's Road Diet Information Guide FHWA's Traffic Calming ePrimer - Module 3 A Policy on Geometric Design of Highways and Streets ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums Caltrans: • 12’ on State Highways (hwy) >45MPH; all State Highways connecting to a freeway interchange (2- lane hwy = all lanes; multi-lane hwy = outermost lane in each direction) • 11’ on State Highways ≤40MPH • Shoulder width (includes Class II bikeway area and gutter pan) on State Highways: ºLeft: 4-lane highways = 5’, 6+ lane highways = 8’, 45 MPH w/ curbed median=2’, ≤35MPH =none ºRight: 8’ for all multi-lane highways, and where on-street parking is provided plus the minimum required bike lane width • Non-Caltrans Facilities º12’ on most high-volume highways; 11’ where pedestrian crossings, right-of-way, or existing development imposes on available lane widths; 10’ lanes are acceptable on low-speed facilities; 9’ lanes may be appropriate on low- volume roads in rural and residential areas Maximums • Refer to Caltrans HDM for lane width minimum design values (see "Lane Narrowing" design guidelines) • Appropriate on all types of roads in urban and suburban settings. • Common at 4-lane roadways • Can be appropriate for all typical speed limits. • Can be appropriate for any volume that can be accommodated by the revised cross-section; the commonly-referenced threshold is a peak hour volume of 1,000 vehicles per post-implementation through travel lane; a lower volume indicates a road diet is likely feasible; higher volume requires further investigation. • Can be appropriate along a primary emergency route and on streets that provide access to emergency medical services. • Can be appropriate along a bus transit route. • Can be appropriate along a primary access route to a commercial or industrial site. • Should follow recommended widths for all lanes including travel lanes, bikeways, and parking IMPLEMENTATION Also known as a road diet, a roadway reconfiguration typically involves reducing the number of lanes to better accommodate other roadway users. The treatment reallocates roadway space for other purposes, potentially adding turn lanes, bus lanes, pedestrian refuge islands, bike lanes, sidewalks, bus shelters, or landscaping. Packet Pg.436 19APPENDIX F Design Guidelines LANDSCAPE MEDIANS Caltrans HDM index 305.2 - Median Cross Slope ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Minimum width: 6’, 8’ preferred Area should be at least 50 square feet in area, preferably 75 square feet • Curbed, elongated divisional median islands should not be less than 4’ wide and 20’ long Maximums • 12' maximum width Other • Cross slopes in medians greater than 65’ should be treated as separate roadways • Appropriate only on two-way streets IMPLEMENTATION Landscaped medians, or raised medians, are raised barriers in the center of the roadway that are typically filled with various types of foliage. They can serve as a place of refuge for pedestrians crossing at an intersection or at the midblock. Packet Pg.437 CITY OF SAN BERNARDINO Active Transportation Plan20 CHOKERS/ PINCHERS Caltrans HDM Topic 303.4. https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/module3pt3. cfm#mod320 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Single Lane Chokepoint Width: 12’ Maximums • N/A Other • N/A • Appropriate at mid-block locations of arterial, collector, or local roads in urban and suburban settings with one- way or two-way streets • Can be applied on a street with, and can protect, on- street parking • Can be appropriate for any speed limits provided adequate distance between the features • Can be appropriate at all levels of traffic volume • Can be appropriate along a primary emergency route and on streets that provide access to emergency medical services • Can be appropriate at along bus transit route • Can be appropriate along a primary access route to a commercial or industrial site IMPLEMENTATION Chokers or pinchers are curb extensions that narrow a segment of the roadway by widening the sidewalk or planting strip, creating a pinch point along the roadway. These pinch points can increase visibility of pedestrians looking to cross the roadway. Packet Pg.438 INTERSECTIONS & CROSSINGS Traffic Circle Pedestrian Scramble High Visibility Crosswalk with Pedestrian Refuge Island Protected Intersection P/C: Allan CrawfordP/C: Allan Crawford P/C: John Greenfield Packet Pg.439 CITY OF SAN BERNARDINO Active Transportation Plan22 HIGH VISIBILITY CROSSWALK Caltrans Std. Plan A24F California MUTCD Section 3B.18 Engineering judgment may be required to assess need ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Crosswalk line width: 12" • Crosswalk width: 6' Maximums • Crosswalk line width: 24" Other • Typical crosswalk line width: 12” • Typical crosswalk width: 11' • Curb ramps (not including flared sides) shall be contained wholly within the width of the marked crosswalk • Should be prioritized in areas with high pedestrian activity or where roadway conditions may require increased awareness of possible pedestrian traffic including near schools, commercial areas, recreation areas, at mid- block marked crossings, and at marked uncontrolled crossings IMPLEMENTATION • High visibility crosswalk should be provided at all mid-block crossings, and should be considered at uncontrolled intersections KEY CONCERNS Predictable pedestrian actions at intersections can be aided with the installation of marked crosswalks, which indicate to motorists where pedestrian crossings take place as well as indicate to pedestrians the right-of-way they should cross within. Packet Pg.440 23APPENDIX F Design Guidelines MID-BLOCK CROSSWALK DESIGN GUIDANCE Minimums • Crosswalk line width: 12” • Crosswalk width: 6’ Maximums • Crosswalk line width: 24" • Crosswalk width: Not stated (some agencies have implemented crosswalks as wide as 80' for high pedestrian crossings at mid-block, ex: Green St. & Garfield Ave., Pasadena, CA) Other • Should follow high visibility crosswalk design • Often includes advance stop bars (if signal controlled) or yield lines (if uncontrolled or flashing beacon installed) • Should be implemented at locations with high pedestrian activity and where an engineering study and judgment supports the implementation • Should be used in conjunction with other safety improvements such as bulb-outs, where feasible, and/or features that may reduce conflicts with vehicular traffic including traffic control devices (Pedestrian Hybrid Beacons, Rectangular Rapid Flashing Beacons, etc.) and traffic calming features (curb extensions, median refuge islands, etc.) IMPLEMENTATION • Uncontrolled mid-block crosswalks should generally be discouraged for traffic safety reasons. However, if it is decided to be used, it should be justified by high pedestrian volumes, average daily traffic (ADT), approach speed, roadway configuration and designed according to FHWA's “Guide for Improving Pedestrian Safety at Uncontrolled Crossing Locations" (Jan. 2018) KEY CONCERNS A mid-block crosswalk facilitates crossings to places that people want to go, but that are not well served by existing infrastructure. NACTO Urban Street Design Guide \ Caltrans Std. Plan A24F California MUTCD Section 3B.18 ADDITIONAL REFERENCES & GUIDELINES Packet Pg.441 CITY OF SAN BERNARDINO Active Transportation Plan24 CURB EXTENSION (BULB-OUT) DESIGN GUIDANCE Minimums • Typical minimum width: 5' • Minimum approaching/departure curve radii should accommodate street sweeping equipment Maximums • Curb extension shall allow a minimum lane width and shoulder width • Should not extend beyond the parking lane or leave less than 10' for the travel lane, 11-12’ for the transit lane, and 5' for a bicycle lane A curb extension, also known as a bulb-out, provides pedestrians with decreased crossing distances and time spent within the vehicle right-of-way by extending the sidewalk into the roadway. A curb extension also increases the visibility for pedestrians as they wait to cross and increases pedestrian visibility for motorists as they approach a crossing. Other • Typical width should be 6’ to 8’ • Typical offset of 2' from edge of pavement to edge of bikeway or travel lane • Should be used at crosswalks in heavy pedestrian areas where on-street parking may limit the driver's view of pedestrians • Should extend into the street for the width of parking lane • Street must have on-street parking • Should be applied only on streets with posted speed limits of 35 MPH or less Packet Pg.442 25APPENDIX F Design Guidelines HDM Topic 303.4 Figures 303.4A-4B https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/module3pt3. cfm#mod320 ADDITIONAL REFERENCES & GUIDELINES • Appropriate at mid-block and intersection locations of arterial, collector, or local roads in urban and suburban settings with one-way or two-way streets • Can be applied on a street with, and can protect, on- street parking • Can be appropriate for any speed limits provided adequate distance between the features, but most appropriate on streets with posted speed limits of 35 MPH or less • Can be appropriate at all levels of traffic volume IMPLEMENTATION • May be inappropriate for use on corners where frequent right turns are made by trucks or buses, which require a larger turning radius and thus preclude curb return radius reductions • Curb extensions must not intervene with the adjacent drive lanes, bicycle lanes, or roadway shoulders KEY CONCERNS CURB EXTENSION (BULB-OUT) (CONTINUED) Packet Pg.443 CITY OF SAN BERNARDINO Active Transportation Plan26 RAISED CROSSWALK DESIGN GUIDANCE Minimums • Crosswalk width: 10’ • Minimum horizontal curve radius of 300’ Maximums • Crosswalk width: 12’ long and 3" in height Other • Average daily traffic (ADT) should be less than 9,000 • Should be applied on 2-3 lane roads • Appropriate at mid-block and intersection locations of arterial, collector, or local roads in urban and suburban settings with one-way or two-way streets • Can be applied on a street with and can protect on- street parking • Can be appropriate for any speed limits provided adequate distance between the features, but most appropriate on streets with posted speed limits of 35 MPH or less • Can be appropriate at all levels of traffic volume IMPLEMENTATION • May be inappropriate for use on corners where frequent right turns are made by trucks or buses, which require a larger turning radius and thus preclude curb return radius reductions • Curb extensions must not intervene with the adjacent drive lanes, bicycle lanes, or roadway shoulders KEY CONCERNS Raised crosswalks are elevated crosswalks that enable pedestrians to cross an intersection at the same level as the sidewalk, w hich increase their visibility while crossing. They are typically installed as part of a raised intersection, which are designed to reduce speeds of approaching vehicles, enhance pedestrian connectivity, and improve safety. HDM Topic 303.4 Figures 303.4A-4B https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/ module3pt3.cfm#mod320 ADDITIONAL REFERENCES & GUIDELINES Packet Pg.444 27APPENDIX F Design Guidelines ADVANCED YIELD MARKING California MUTCD Section 3B.16 and Figure 3B-14 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Placement: 4’ minimum before a crosswalk at controlled intersections • At unmarked crosswalks, 4’ - 30’ prior to the intersection edge • At uncontrolled multi-lane approach, 20’ – 50’ prior to the crosswalk Maximums • 30’ in advance of an unmarked crosswalk • 50’ in advance of a marked crosswalk Other • Dimensions of the triangles that comprise the yield marking include a width of 12” to 24”, a height equal to 1.5 times the base, and should be spaced 3” to 12” apart • Yield lines may be used to indicate the point behind which vehicles are required to yield in compliance with a YIELD (R1-2) sign or a Yield Here To Pedestrians (R1-5 or R1-5a) sign IMPLEMENTATION • Depending on the location, the advanced yield marking and appropriate signage should be placed adjacent to each other KEY CONCERNS Advanced yield markings are pavement markings that are installed to warn motorists of possible pedestrian crossings further along the roadway. Packet Pg.445 CITY OF SAN BERNARDINO Active Transportation Plan28 SCRAMBLE CROSSWALK California MUTCD Section 3B.16 and Figure 3B-14 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Crosswalk should not be less than 6' wide Maximums • N/A Other • Should follow typical crosswalk designs • Only appropriate at signalized intersections • Should be prioritized in areas with high pedestrian activity such as commercial areas • They are often used in conjunction with an exclusive pedestrian phasing which restricts all vehicular movements IMPLEMENTATION • Vehicle and pedestrian volumes should be considered prior to design KEY CONCERNS Scramble crosswalks grant full pedestrian right-of-way in any direction, including diagonally. Packet Pg.446 29APPENDIX F Design Guidelines CURB RAMP Caltrans HDM Section 105.5 and Section 275 of California Vehicle Code Caltrans Standard Plan A88A ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Refer to source(s) for curb ramp geometric minimum design values Maximums • Refer to source(s) for curb ramp geometric maximum design values Other • N/A • Curb ramps should be placed at the transition between sidewalks and other pedestrian facilities (i.e. sidewalks and refuge islands) and the roadway • Existing curb ramps may be updated to meet ADA designs when sidewalks are installed or repaired IMPLEMENTATION • Must meet specific standards for width, slope, cross slope, placement, and other features in order to be compliant with the Title II of the ADA • Additional detectable warnings are required KEY CONCERNS A curb ramp is a ramp cutting through a curb or built up to it to provide a route to safely transition from a roadway to a curbed sidewalk. Packet Pg.447 CITY OF SAN BERNARDINO Active Transportation Plan30 PEDESTRIAN REFUGE ISLAND Caltrans HDM Topic 405.4. Figure 405.4 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Minimum width: 6’, 8’ preferred • Area should be at least 50 square feet in area, preferably 75 square feet • Curbed, elongated divisional median islands should not be less than 4’ wide and 20’ long Maximums • N/A Other • Pedestrian crossing points must be accessible (Design Information Bulletin [DIB] 82-06) • May also reference City of Ontario Standards 1109 and 1215 • Recommended consideration in areas with mixtures of significant pedestrian and vehicle traffic (more than 12,000 average daily traffic) and moderate or high travel speeds IMPLEMENTATION A pedestrian refuge island serves as an aid to pedestrian movement by providing a protected space while they cross streets. Packet Pg.448 31APPENDIX F Design Guidelines TWO-STAGE BIKE TURN BOX California MUTCD Section 2B.54 and NACTO Urban Bikeway Design Guide ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Dimensions are recommended as follows depending on anticipated queuing capacity: minimum 4’ deep and 8’ wide Maximums • Dimensions are recommended as follows depending on anticipated queuing capacity: maximum 9’ deep and 10’ wide Other • At the location where the box conflicts with turning movements, install NO TURN ON RED (R10-11) sign for prohibition of turning vehicle traffic • Only permitted at signalized intersections. Should be prioritized at intersections with high vehicular and bicycle traffic, multi-lane roadways, high vehicle speeds, a significant volume of bicyclsts turning, or where there may be turning conflicts between motorists and bicyclists IMPLEMENTATION • Should be placed in a location downstream of the cross street intersection stop line and downstream of the crosswalk across the cross street • Multiple positions are available for queuing boxes • Request for FHWA Interim Approval required KEY CONCERNS A two-stage bicycle turn box is an area designated for bicyclists waiting to proceed in a different direction that formalizes t wo-stage turn maneuvers in a predictable pattern. Packet Pg.449 CITY OF SAN BERNARDINO Active Transportation Plan32 BIKE LANES IN RIGHT TURN ONLY LANES California MUTCD, Part 9 HDM Section 400 Topic 404.2 AASHTO Guide for the Development of Bicycle Facilities NACTO Urban Bikeway Design Guide ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Dotted white lines should be 6” wide and 2’ long with 2’ to 6’ gap between dashes Maximums • Maintain bicycle lane width of 5’ to 6‘ or 4’ in areas impacted by roadway constraints Other • Minimize length of merge area as much as feasible: 60’ when less than or equal to 30 MPH or 90’ when greater than or equal to 30 MPH • Dashed lines should begin a minimum of 50’ before the intersection or 100’ if before a high traffic roadway • Can be applied at the approach to an intersection where a turn lane can present a challenge for bicyclists • Typically applied at auxiliary turn lanes and where parking lanes transition into vehicular turn lanes IMPLEMENTATION Bicycle lanes leading into an intersection, depending on roadway and intersection characteristics, can be carried through the conflict zone using dotted line transition pavement markings to the left of the right turn only lane. Packet Pg.450 33APPENDIX F Design Guidelines COMBINED BIKE LANE AND TURN LANE California MUTCD, Part 9 HDM Section 400 Topic 404.2 AASHTO Guide for the Development of Bicycle Facilities NACTO Urban Bikeway Design Guide ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Combined lane should be 9’ minimum (note a through bike lane can be accommodated if combined lane width is 14’ or greater) Maximums • Combined lane should be 13’ maximum Other • Minimize length of merge area as much as feasible: 60’ when less than or equal to 30 MPH or 90’ when greater than or equal to 30 MPH • Dashed lines should begin a minimum of 50’ before the intersection or 100’ if before a high traffic roadway • Can be applied at the approach to an intersection where a turn lane can present a challenge for bicyclists • Typically applied at auxiliary turn lanes and where parking lanes transition into vehicular turn lanes IMPLEMENTATION A combined bike lane and turn lane merges both the bike lane and right-turn lane into one lane. It is an option available in sc enarios where the right-of-way at intersections is constrained. Packet Pg.451 CITY OF SAN BERNARDINO Active Transportation Plan34 INTERSECTION CROSSING MARKINGS California MUTCD Section 3B.08 AASHTO Guide for the Development of Bicycle Facilities NACTO Urban Bikeway Design Guide ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Minimum striping width should be 6” adjacent to motor vehicle Maximums • Dotted line should be 2’ long and 2’ to 6’ of spacing Other • Minimize length of merge area as much as feasible: 60’ when less than or equal to 30 MPH or 90’ when greater than or equal to 30 MPH • Dashed lines should begin a minimum of 50’ before the intersection or 100’ if before a high traffic roadway • Can be implemented where improved awareness of bicycle crossings is desired for conflict avoidance IMPLEMENTATION Intersection crossing markings are pavement markings that are used to indicate the intended path that bicyclists should take through an intersection. • In cases where traditional intersection striping width is not sufficient and demands higher visibility, “Elephant’s Feet’ (14”x20”) markings can be used as alternatives to dotted lines KEY CONCERNS Packet Pg.452 35APPENDIX F Design Guidelines GREEN-COLORED PAVEMENT FHWA Interim Approval for Optional Use of Green Colored Pavement for Bike Lanes (IA-14) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • 9' minimum Maximums • 13' maximum Other • Guidance on reflective paint and surface traction Paragraph 4 of Section 3A.04 of CA MUTCD • Can be implemented where improved awareness of bicyclists is desired • Commonly used in conflict areas at the approach and within an intersection IMPLEMENTATION Green colored pavement markings are used to increase the visibility of bikeways, particularly at areas with high potential for motor vehicle/bicycle conflicts. • A through bike lane can be accommodated if combined lane width is 14’ or greater KEY CONCERNS Packet Pg.453 CITY OF SAN BERNARDINO Active Transportation Plan36 TRAFFIC DIVERTER FHWA Interim Approval for Optional Use of Green Colored Pavement for Bike Lanes (IA-14) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • To allow for emergency and large vehicle access, the minimum clear space between the traffic diverter features is 10’ Maximums • It should be wide enough for emergency vehicles and single unit trucks to make turns without encroaching on opposing travel lanes Other • N/A • Appropriate on all types of roads in urban and suburban settings with one-way or two-way streets with a typical maximum posted speed limit of 25 MPH • Can be appropriate at all levels of traffic volumes • Not appropriate along a primary emergency route and on streets that provide access to emergency medical services • Not appropriate along bus transit routes unless the route can be altered • Not appropriate along a primary access route to a commercial or industrial site if access is blocked IMPLEMENTATION Traffic diverters are implemented for the purpose of volume control and managing non-local residential traffic. They are designed as islands that guide through and/or turning movements. Packet Pg.454 37APPENDIX F Design Guidelines TRAFFIC CIRCLE NACTO Urban Street Design Guide https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/module3. cfm ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Diagonal corner clearance: 15’ • Need to follow design minimums of (1) the design vehicle using the roundabout (passenger cars, single-unit/ multi-unit trucks, emergency vehicles, etc.); and (2) the individual components of the traffic circle Maximums • Entry speed: 15-20 MPH • Approach lanes: 1 • Inscribed Circle Diameter: 45’ - 90’ Other • If space is available, the planting of trees and shrubs within the traffic circle can heighten the traffic calming effect, but must be maintained to keep sight distance at a maximum • Appropriate at the intersection of two local roads in urban and suburban settings with one-way or two-way streets. • Appropriate for relatively low-speed streets (Some jurisdictions have limits at 30 MPH). • Can be appropriate at low - volume streets. • Not appropriate along a primary emergency route and on streets that provide access to emergency medical services. • Transit routes should not have a left turn at these locations. • Typically not appropriate along a primary access route to a commercial or industrial site. IMPLEMENTATION Traffic circles feature a circular island in the center of an intersection. They are typically used at un-signalized intersections to help lower speeds, while still promoting a continuous flow of traffic. • Lane width and turning radius should be highly considered KEY CONCERNS Packet Pg.455 CITY OF SAN BERNARDINO Active Transportation Plan38 ROUNDABOUT DESIGN GUIDANCE Minimums • Need to follow design minimums of (1) the design vehicle using the roundabout (passenger cars, SU/ MU trucks, emergency vehicles, etc.); and (2) the individual components of the roundabout: ºCentral Island ºSplitter island and defl ection parameters ºEntry width and entrance line ºCirculatory width and roadway ºAccessible pedestrian crossings ºLandscape strips ºTraffi c control devices ºCentral island • Must ensure adequate stopping sight distance (SSD) at every point within the roundabout, on each entering/exiting approach, and with other conflicting users (pedestrians/bikes) within the roadway. Must ensure adequate intersection sight distance (ISD) for vehicles entering the roundabout with those already circulating in it, and those entering at immediate upstream points. A roundabout directs motorists into the intersection and guides counterclockwise travel around the circular island. There are many types of roundabouts: mini roundabout (Mini-RAB), single-lane roundabout (Single-Lane RAB), and multi-lane roundabout (Multi- Lane RAB). Maximums • Entry speed: ºSingle-lane RAB = 20-25 MPH ºMulti-lane RAB = 25-30 MPH • Approach lanes: ºSingle-lane RAB = 1 ºMulti-lane RAB = 3 • Inscribed circle diameter: ºSingle-lane RAB = 90 - 180' ºMulti-lane RAB = 150' - 300' Other • Recommended posted speed limit of 30 MPH (35 MPH 85th percentile speed). Packet Pg.456 39APPENDIX F Design Guidelines NACTO Urban Street Design Guide https://safety.fhwa.dot.gov/speedmgt/ePrimer_modules/module3. cfm ADDITIONAL REFERENCES & GUIDELINES • Appropriate at the intersection of two local roads in urban and suburban settings with one-way or two-way streets • Generally recommended for streets with daily traffic volumes of no more than 15,000 vehicles. • Appropriate along a primary emergency route and on streets that provide access to emergency medical services. • Although a transit vehicle can negotiate the turn, in general, transit routes should not include a left turn at a small modern roundabout or mini-roundabout. • Can be applied along a primary access route to a commercial or industrial site. IMPLEMENTATION • May be inappropriate for use on corners where frequent right turns are made by trucks or buses, which require a larger turning radius and thus preclude curb return radius reductions. • Curb extensions must not intervene with the adjacent drive lanes, bicycle lanes, or roadway shoulders. • Roadway space requirements • Right-of-way requirements • Traffic operations assessment • Geometric design KEY CONCERNS ROUNDABOUT (CONTINUE) Packet Pg.457 CITY OF SAN BERNARDINO Active Transportation Plan40 PROTECTED INTERSECTION NACTO Urban Bikeway Design Guide and Global Street Design Guide ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Corner safety island should have radius of 15’ to 20’ • Pedestrian refuge island should be a minimum of 8’ • Pedestrian island width is typically 6.5’ to 14’ • Crossing setback should be around 19’ Maximums • Crossing setback are typically 19’ • Pedestrian island, if 6' or wider put detectable warning surface placed both the side Other Setbacks: • Setback larger than 20' may increase turn speed • Larger than 25' treated as separate intersection. • Typically 14-20' setback preferred • Most commonly found on streets with parking-protected bike lanes or buffered bike lanes • Can be implemented on most streets where improved bike comfort is desired with modifications to the typical design IMPLEMENTATION A protected intersection redesigns the traditional mixing zone that persists where a bicycle lane ends and the right turn lane begins. The design places bicyclists in a separated channel from motor vehicles and pedestrians at the intersection, improving yield rates amongst all users of the intersection. Packet Pg.458 41APPENDIX F Design Guidelines BIKE LANE AT CHANNELIZED TURN LANE NACTO Urban Bikeway Design Guide MUTCD section 9C.04 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • 4' wide for bicycle lane Maximums • N/A Other • 6' wide bicycle lane when speed is >40 MPH • R4-4 marking should be minimum of 50' at the end of the bike lane • Can be appropriate where bikeways intersect with channelized turn lanes IMPLEMENTATION Channelized turn lanes or free right turn lanes can promote higher speeds through conflict zones, making navigation for through bicycle movements less comfortable. • Where speeds are high consider advanced treatments to increase advanced notice of facility and safe weave scenarios – i.e. yield or stop signs, or alter the angle of approach to be within 15 to 30 degrees KEY CONCERNS Packet Pg.459 CITY OF SAN BERNARDINO Active Transportation Plan42 FREEWAY INTERCHANGE DESIGN MUTCD 3B.08 MUTCD Figure 9C-103 (CA) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Solid and dashed white lines should be 6” wide Maximums • 8” solid white line where bicycle lane and on ramp lane intersect Other • N/A • Can be appropriate where bikeways intersect with freeway interchanges IMPLEMENTATION Design for active transportation facilities at freeway interchanges can be very challenging. Freeway interchanges are typically characterized by higher speed and higher volumes of vehicular traffic. Consequently, bicycle levels of traffic stress and the potential for conflict can both increase. • The design speed of entry and exit should impact through bike travel scenarios • For low speeds – allow bikes to move through the conflict zone with priority • For higher speeds – bikes should be encouraged to yield to motor vehicles along a dedicated lane KEY CONCERNS Packet Pg.460 43APPENDIX F Design Guidelines RAIL CROSSING (FOR BIKES) HDM Section 400 – Figure 403.3.B; Topic 1003.5(3), and Figure 1003.5 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • 45 degree approach angle Maximums • Preferred 60 - 90 degree approach angle Other • Approach angle should be close to 90 degrees • May widen the shoulder to help facilitate this • Generally appropriate along at-grade rail crossings with adequate space IMPLEMENTATION Rail crossings that form a skew angle to the bike facility present steering difficulties for bicyclists across rails. Designs can accommodate single direction bikeways and bi-directional bikeways to provide for preferential crossing angle and widths. • Wherever possible the bike facility crossing over a rail line should be straight and at a right angle to the rails • The preferential angle is between 60 and 90 degrees; the minimum angle is 45 degrees KEY CONCERNS Packet Pg.461 CITY OF SAN BERNARDINO Active Transportation Plan44 RAISED INTERSECTION NACTO Urban Street Design Guide ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Refer to source(s) for design guidance Maximums • Maximum grade of 8% recommended in ITE Guidelines for the Design and Application of Speed Humps • Refer to source(s) for design guidance Other • N/A • Appropriate at intersections with marked crosswalks at all four intersection legs and where crosswalks are warranted • Appropriate along collector and local roads in residential and commercial business district settings with one-way or two-way street • Can be appropriate along bus transit routes. Typically not appropriate along a primary access route to a commercial or industrial site • Can include on-street parking at the approach legs • Maximum speed limit of 30 MPH based on ITE Guidelines for the Design and Application of Speed Humps • Appropriate if the daily traffic volume on each intersection approach is relatively low (some agencies use 10,000 vehicles total and other use 4,000 vehicles at each leg) IMPLEMENTATION Raised intersections are vertical elements that are places at intersections. They are similar to speed humps, speed tables, and other devices. Raised intersections create a slight obstruction to vehicles approaching an intersection, which force motorists to slow down and yield to pedestrians. Packet Pg.462 45APPENDIX F Design Guidelines BIKE BOX NACTO Urban Street Design Guide. ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Minimum box depth of 10’ typical depths as deep as 16’ • At least 50’ of bicycle ingress lane should be provided on the approach to the bike box Maximums • Refer to Caltrans/FHWA bike box design info bulletin Other • Where bike box crosses more than one lane, a pedestrian signal with countdown display is required • Stop line standards from California MUTCD Section 3B.16 • Only permitted at signalized intersections. Should be prioritized at intersections with high vehicular and bicycle traffic and where there may be turning conflicts between motorists and bicyclists IMPLEMENTATION • Limited to signalized intersections • Applied at intersections where vehicle traffic flows right and bicycle traffic continues through KEY CONCERNS A bicycle box is an exclusive bicycle space at the head of a traffic lane at a signalized intersection. They allow for increased visibility, priority bicycle movement, and potential conflict reduction between vehicles and bicyclists. Packet Pg.463 TRAFFIC CONTROL, SIGNAGE, & MARKINGS Pedestrian Hybrid Beacon Leading Pedestrian Interval Rectangular Rapid Flashing Beacon (RRFB) Packet Pg.464 47APPENDIX F Design Guidelines PEDESTRIAN HYBRID BEACON CA MUTCD section 4F ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Install 2 pedestrian hybrid beacons facing major street • Pedestrian Hybrid Beacons should be installed at least 100’ from side streets Maximums • Design maximums should follow those for signalized traffic control devices in the CAMUTCD and the Caltrans HDM Other • Adequate site distance should be provided at least 100’ in advance of the crossing and 20’ after the crossing. • APS should be installed at new traffic signals and where signal poles with existing pedestrian push buttons will be modified • Since many old pushbutton units are 2-wire configurations, may need to review the existing pole wiring to determine whether or not 3-CSCs are currently in use/available since Caltrans approved APS units are 3-wire • Should be placed at least 100’ from side streets or driveways that are controlled by STOP or YIELD signs • May be appropriate on roadways with high and low speed following figure 4F-1 and figure 4F-2 of the CA MUTCD. IMPLEMENTATION A pedestrian hybrid beacon (PHB) is a traffic control device used to increase motorists’ awareness of pedestrian crossings at an uncontrolled marked crosswalk location. A PHB is distinct from pre-timed traffic signals and constant flash warning beacons because it is only activated by pedestrians when needed. • On each approach of the crosswalk, a stop line is required • Advance stop lines should be used on multi-lane crossings to reduce the potential for second threat collisions KEY CONCERNS Packet Pg.465 CITY OF SAN BERNARDINO Active Transportation Plan48 RECTANGULAR RAPID FLASHING BEACON FHWA Interim Approval 21 (IA-21) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • The illuminated period of each flash shall be minimum 1/2 of total cycle Maximums • The illuminated period of each flash shall a maximum 2/3 of total cycle Other • Beacons shall be flashed at a rate of not less than 50 or more than 60 times per minute • Appropriate at uncontrolled marked crosswalks with the exception of roundabout crossings controlled by YIELD signs IMPLEMENTATION Rectangular Rapid Flashing Beacons (RRFBs) are a type of active warning beacon that combines a pedestrian warning sign with user-activated light emitting diodes (LEDs). The device flashes amber when activated through a pedestrian push button or by pedestrian detection. • Use in combination with a crosswalk, wheelchair ramps, advance warning signs or pavement markings, and overheard lighting • Usually implemented at high volume pedestrian crossings KEY CONCERNS Packet Pg.466 49APPENDIX F Design Guidelines SPEED FEEDBACK SIGN FHWA Interim Approval 21 (IA-21) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums Min. Static Letter Height • 4” for posted speeds 20-25MPH • 6” for posted speeds 30MPH and above Min. LED Letter Height • 12” for posted speeds 20-40MPH • 18” for posted speeds 45MPH and above Maximums • Sight distance is dependent on design speed and type of road Other Different static sign colors are to be applied at specific locations: • White - Not FHWA standard • Yellow - Applied to any location • Fluorescent Yellow/Green - School zones • Orange - Work zones • Can be installed in conjunction with a Speed Limit (R2- 1) sign or an Assembly C (CA) (SR4-1) school sign where vehicular speeding or changes in posted speed limits are a concern • Signs may be placed on the same support as an R2-1 sign or Assembly C (CA) sign or on a separate support • The signs should not be located in areas where drivers frequently perform lane-changing maneuvers, merging or weaving conditions IMPLEMENTATION Speed feedback signs are dynamic traffic calming devices that alert approaching motorists of their travel speeds. If motorists are speeding, the feedback sign will flash an LED display of the motorists’ speed which is in excess of the posted speed limit, underneath the static portion of the sign which reads, ‘YOUR SPEED’. • Effective placement of speed feedback signs is important • The engineer should coordinate with local law enforcement officials on placement • The CAMUTCD advises that changeable message signs such as the speed feedback sign, should not be positioned at locations where the information load on drivers is already high because of guide signs and other types of information KEY CONCERNS Packet Pg.467 CITY OF SAN BERNARDINO Active Transportation Plan50 BICYCLE DETECTION & PUSH BUTTONS/ ACTUATION CA MUTCD Section 9 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Detection zone can be narrower than 6’ Maximums • Consider maximum mounting height in accordance with ADA requirements and push button standards Other • In conjunction with the push button, install optional R62 (CA) faceplate sign that faces the bicyclist's approach to increase visibility • Should be applied at all newly-installed traffic signals • May be implemented with other detection or actuation devices such as bicycle push buttons or bike detection devices IMPLEMENTATION Bicycle detection and push buttons are designed to alert the signal controller of a bicyclist on approach of and at the intersection. Actuation can be installed as push buttons or by automated means that include in-pavement loops, video detection, and microwave. Packet Pg.468 51APPENDIX F Design Guidelines BICYCLE SIGNAL CA MUTCD section 4D.104(CA), 4D-105(CA Table 1A-101(CA) on FHWA’s Interim Approval for Optional Use of a Bicycle Signal Face (IA-16) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Where limit line detection zones that detect the Reference Bicycle-Rider are provided, minimum bicycle timing should be provided (i.e., minimum green interval, Yellow clearance interval and red clearance interval) as a function of the crossing speed (14.7 ft/sec) distance from the limit line to the far side of the last conflicting lane Maximums • N/A Other • The Bicycle Signal Actuation (R10-22) sign may be installed at signalized intersections where markings are used to indicate the location where a bicyclist is to be positioned to actuate the signal • Separates bicycle movements from conflicting movements with other modes • Gives priority to bicycle movements at the intersection • Improves bicycle operation IMPLEMENTATION Bicycle signals facilitate safe bicyclist intersection crossings by restricting conflicting vehicle movements. Bicycle signal heads are standard three lens signal heads with green-yellow and red lenses that can be applied to signalized intersections and hybrid signal crossings. • To prohibit right turn on red while the bicycle signal is active, the installation of a traffic signal with red, yellow, and green arrow displays is necessary KEY CONCERNS Packet Pg.469 CITY OF SAN BERNARDINO Active Transportation Plan52 PEDESTRIAN SAFETY & WARNING SIGNS CA MUTCD Part 2 ADDITIONAL REFERENCES & GUIDELINES • Non-vehicular warning signs (W11-2 Pedestrian or W11- 15 or W11-15P) are used to alert road users in advance of locations where unexpected entries in the roadway might occur IMPLEMENTATION Pedestrian signage serves to warn and advise vehicular, bicycle, and other traffic of oncoming pedestrian movement. Signage implementation is often used in conjunction with pavement markings and pedestrian features that enhance awareness of pedestrian crossings or areas. • Specific signage types and locations of signage are governed by the California MUTCD and shall be adhered to when designing for minimum requirements for establishing pedestrian friendly areas or crossings KEY CONCERNS DESIGN GUIDANCE Minimums • N/A Maximums • N/A Other • N/A Packet Pg.470 53APPENDIX F Design Guidelines EMBEDDED LED'S IN TRAFFIC SIGNS CA MUTCD Section 2A.07 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • LED installation shall flash at the rate of 50 times per minute Maximums • LED installation shall flash at the rate of 60 times per minute Other • Sign illumination can operate 24-hours a day, by time of day, or by pedestrian activation • Can be appropriate where increased motorist awareness is desired IMPLEMENTATION Embedded Light Emitting Diodes (LEDs) enhanced traffic signs are similar to typical advisory and warning signs, but are intended to increase motorist awareness of signage. Low-light or low-visibility settings can benefit from added signage visibility per the LED enhancements along the fringe of the sign. Sign illumination can operate 24-hours a day, by time of day, or by pedestrian activation. • LED enhanced signs require a low amount of power, which can be sourced from a stand-alone solar panel KEY CONCERNS Packet Pg.471 CITY OF SAN BERNARDINO Active Transportation Plan54 BICYCLE SAFETY & WARNING SIGNS CA MUTCD Part 9 ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Where unexpected bicycle conflicts may occur across the traveled way, install bicycle crossing/ advance warning signage in advance of the point of crossing Maximums • N/A Other • Confirmation signs should be implemented every 1/4- to 1/2-mile along off-street facilities, and every 2 to 3 blocks along on-street facilities • Signage should be implemented in conjunction with pavement markings IMPLEMENTATION Bicycle signage serves to regulate and warn vehicular traffic of the presence or movement of bicyclists within the roadway or traveling across the roadway. • Ensuring minimization of sign clutter, sufficient advance warning with respect to travel speeds and bicycle crossing conflicts, and ensuring adequate sight and compliance of signs KEY CONCERNS Packet Pg.472 55APPENDIX F Design Guidelines LEADING PEDESTRIAN (BICYCLE) INTERVAL CA MUTCD Section4E.06(19) ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • 3 to 7 seconds minimum Maximums • 10 seconds at longer crossings Other • In addition to the LPI, if a bikeway exists at the intersection, and the through movement conflicts with vehicle traffic, install a leading bicycle interval along with the LPI • Should be implemented at intersections with high pedestrian volumes or high conflicting turning vehicle volumes IMPLEMENTATION A leading pedestrian interval (LPI), also known as a "pedestrian head start" and "delayed vehicle green", gives pedestrians the opportunity to enter an intersection before motorists are given a green indication. • The use of accessible pedestrian signals should be considered • Requires signal timing adjustments KEY CONCERNS • LPI allows for pedestrians to better establish their presence within the intersection, lessening the chances of a vehicle to pedestrian conflict ADDDITIONAL NOTES Packet Pg.473 CITY OF SAN BERNARDINO Active Transportation Plan56 ACCESSIBLE PEDESTRIAN SIGNAL CA MUTCD section 4E ADDITIONAL REFERENCES & GUIDELINES DESIGN GUIDANCE Minimums • Two APS on a corner should be at least 10’ apart in order for pedestrians to accurately identify the correct direction of the sound source, and which crosswalk is activated by the APS signals Maximums • 10 seconds at longer crossings Other • For crosswalks where the pedestrian enters the crosswalk more than 100 feet from the pedestrian signal head indications, the symbols should be at least 9 inches high • APS should be installed at new traffic signals and where signal poles with existing pedestrian push buttons will be modified • Since many old pushbutton units are 2-wire configurations, may need to review the existing pole wiring to determine whether or not 3-CSCs are currently in use/available since Caltrans approved APS units are 3-wire IMPLEMENTATION An Accessible Pedestrian Signal (APS) unlike a conventional pedestrian push button, is more than a detection device, but also serves as a signal for visually-impaired pedestrians who rely on tactile or audio indications to determine when it is safe to enter a crosswalk. • In retrofit situations, need to ensure that: • There is sufficient vertical space on the pole for the APS housing unit, given the existing pole-mounted equipment, signs and mountings KEY CONCERNS Packet Pg.474 G Ranked Corridor List Packet Pg.475 CITY OF SAN BERNARDINO Active Transportation Plan2 Street From To FINAL RANK CIscoreP Under 18 & Over 65 Population Share Median Household Income (MHHI) Bike/Ped Collision Count Average Travel Speed Coronary Heart Disease Crude Prevalence (%) Diabetes Crude Prevalence (%) Obesity Crude Prevalence (%) Total Retail Density Low Food Access Park Community Center Count School Count Transit Area Connectivity per Corridor Length (Miles) Retail Density NUM Transit Area SCORE EQUITY Category Score SAFETY Category Score HEALTH Category Score COMMUNITY NEED and INPUT Category Score NETWORK CONNECTIVITY Category Score Final Score Length (Miles) Bike Class Status ATN Network Ward Baseline St Meridian Ave Del Rosa Dr 1 86.359 0.42131 41470.36 79 31.3 6.27 14.51 38.75 33 1.149 0.289 10 3 High Quality Transit Areas (2016BY; Feb2020 version) 3.009058946 1.148716252 5 0.153829232 0.260858349 0.066212871 0.060781627 0.135709471 67.7 6.65 Class IV Planned Multi-Modal Corridor 1, 2, 6 Waterman Ave Rim of the World Highway Barton Rd/Washington St 2 96.558 0.37392 46372.85 56 35.7 6.06 12.72 35.18 53 2.972 0.559 16 2 High Quality Transit Areas (2016BY; Feb2020 version) 1.837177914 2.971557603 5 0.158388954 0.23572657 0.049637199 0.092944514 0.129818272 66.7 10.40 Multi-Modal Corridor 1, 2, 3, 4, 7 (Segment 1)Trim of the World Highway Orange Show Rd 2 8.05 Multi-Modal Corridor 1, 2, 3, 4, 7 (Segment 2)Orange Show Rd Barton Rd/Washington St 2 2.35 Class II Planned Multi-Modal Corridor 3 Metrolink Wy 3rd St 2nd St 3 98.311 0.46193 31587.00 0 35.0 5.90 14.40 39.60 0 2.113 0.166 High Quality Transit Areas (2016BY; Feb2020 version) 24.43093447 2.113367424 5 0.190819111 0.130769231 0.066432275 0.003400081 0.243400026 63.5 0.08 Neighborhood Street Planned Community Connector 1 9th St Pennsylvania Ave Del Rosa Dr 4 84.455 0.41889 37896.78 38 34.4 6.13 14.73 39.39 29 2.490 0.330 14 4 High Quality Transit Areas (2016BY; Feb2020 version) 2.901843335 2.490084959 5 0.151839907 0.197826434 0.067985046 0.067758781 0.135170484 62.1 5.28 Class II Planned Community Connector 1, 2, 6 Sierra Wy Waterman Ave Mill St 5 96.558 0.40181 44170.31 41 34.5 6.42 13.31 36.87 11 2.443 0.580 13 4 High Quality Transit Areas (2016BY; Feb2020 version) 2.780114252 2.443270009 5 0.166235135 0.204020979 0.058113808 0.056908249 0.134558536 62.0 7.19 Neighborhood Street Planned Multi-Modal Corridor 1, 2, 4. 7 5th St Foothill Blvd Waterman Ave 6 97.920 0.41818 31453.33 28 34.3 6.70 15.29 39.77 14 6.466 0.443 16 High Quality Transit Areas (2016BY; Feb2020 version) 3.203783679 6.466071803 5 0.179859043 0.179317803 0.073627232 0.046006451 0.136688377 61.5 3.75 Community Connector/Multi-Modal Corridor 1, 6 (Segment 1)Foothill Blvd Flores St 6 0.40 Class II Planned Community Connector 1, 6 (Segment 2)Flores St Gardena St 6 0.08 Class III Planned Community Connector 1 (Segment 3)Gardena St Waterman Ave 6 3.27 Class II Planned Multi-Modal Corridor 1 E St Mill St Kendall Dr 7 96.558 0.40123 40551.00 33 35.0 6.49 13.93 37.73 26 7.117 0.361 7 2 High Quality Transit Areas (2016BY; Feb2020 version) 2.774890743 7.116946171 5 0.168169987 0.191135084 0.062765658 0.058126697 0.134532277 61.5 5.43 Neighborhood Street Planned Multi-Modal Corridor 1, 2, 3, 5, 7 Highland Ave Macy St Boulder Ave 8 57.955 0.37104 49604.56 82 32.5 6.27 13.32 36.94 44 2.004 0.440 7 1 High Quality Transit Areas (2016BY; Feb2020 version) 2.346876832 2.003756851 5 0.085629321 0.271153846 0.05753622 0.066788359 0.132380595 61.3 9.80 Class IV Planned Multi-Modal Corridor 2, 4, 6, 7 Highland Ave Connector 670' W/O Davidson Ave Davidson Ave 8 61.3 0.15 Class I Planned Community Connector 2 3rd St D St Waterman Ave 9 97.920 0.38811 22275.33 4 35.0 8.03 16.90 40.67 1 14.296 0.731 10 High Quality Transit Areas (2016BY; Feb2020 version) 6.605399922 14.29571413 5 0.178016237 0.138086304 0.087793797 0.04923971 0.153788745 60.7 0.91 Neighborhood Street Planned Community Connector 1 D St Highland Ave Rialto Ave 10 97.920 0.41574 30838.50 17 34.6 7.13 15.75 40.55 9 10.903 0.360 8 High Quality Transit Areas (2016BY; Feb2020 version) 4.768499543 10.90321827 5 0.179634382 0.160493165 0.079481653 0.038477199 0.144554407 60.3 2.94 Community Connector 1, 2 (Segment 1)Highland Ave 9th St 10 1.69 Neighborhood Street Planned Community Connector 2 (Segment 2)9th St Rialto Ave 10 1.25 Class IV Planned Community Connector 1 2nd St Mt Vernon Ave Mountain View Ave 11 97.920 0.45261 23202.00 6 35.0 8.07 17.27 40.40 3 10.337 0.471 7 High Quality Transit Areas (2016BY; Feb2020 version) 4.417751896 10.33695853 5 0.192709681 0.141744841 0.088229363 0.034381336 0.142791153 60.0 1.83 Class II Planned Community Connector 1 Mt Vernon Ave Highland Ave Grant Ave 12 96.558 0.43082 43648.20 28 34.4 5.96 14.17 37.92 19 2.671 0.335 9 2 High Quality Transit Areas (2016BY; Feb2020 version) 3.668330502 2.670597746 5 0.173380672 0.1797263 0.061213797 0.045162215 0.139023714 59.9 4.36 Multi-Modal Corridor 1, 3, 6 (Segment 1)Highland Ave Cajon Blvd 12 0.27 Class II Planned Multi-Modal Corridor 6 (Segment 2)Cajon Blvd 5th St 12 2.13 Class IV Planned Multi-Modal Corridor 1, 6 (Segment 3)5th St 2nd St 12 0.47 Class II Planned Multi-Modal Corridor 1, 3 (Segment 4)2nd St Grant Ave 12 1.49 Class IV Planned Multi-Modal Corridor 1, 3 Mountain View Ave 50th St Rialto Ave 13 97.920 0.41215 42744.45 22 34.7 6.42 13.70 38.03 11 6.521 0.591 14 3 High Quality Transit Areas (2016BY; Feb2020 version) 2.288929094 6.520591464 5 0.171969141 0.170000987 0.062603107 0.059714662 0.132089284 59.6 5.98 Community Connector 1, 2, 4, 7 (Segment 1)50th St Electric Ave 13 1.16 Neighborhood Street Planned Community Connector 4 (Segment 2)Edgerton Ave Highland Ave 13 2.03 Existing Class II Community Connector 4, 7 (Segment 3)Highland Ave 6th St 13 2.16 Class IV Planned Community Connector 1, 2 (Segment 4)6th St 3rd St 13 0.47 Class II Planned Community Connector 1 (Segment 5)2nd St Rialto Ave 13 0.16 Class II Planned Community Connector 1 Mountain View Ave Connector 3rd St 2nd St 14 97.920 0.43837 19009.50 0 1.0 9.15 18.70 40.80 0 18.021 0.790 5 High Quality Transit Areas (2016BY; Feb2020 version) 25.74380562 18.02143069 5 0.191749314 0 0.099127907 0.051738811 0.25 59.3 0.16 Class I Planned Community Connector 1 4th St H St Arrowhead Ave 15 97.920 0.44239 26663.50 3 35.0 7.53 16.68 40.23 1 12.682 0.206 4 High Quality Transit Areas (2016BY; Feb2020 version) 7.725312844 12.68237291 5 0.188314838 0.136257036 0.083205873 0.024778251 0.159418693 59.2 0.78 Neighborhood Street Planned Community Connector 1 Court St E St Arrowhead Ave 16 97.920 0.44539 19009.50 1 25.0 9.15 18.70 40.80 2 17.054 0.230 4 High Quality Transit Areas (2016BY; Feb2020 version) 9.519905318 17.05373273 5 0.193407781 0.094136961 0.099127907 0.033137133 0.168440342 58.8 0.32 Neighborhood Street Planned Community Connector 1 G St 34th St Inland Center Dr 17 96.558 0.40060 37621.27 13 33.8 6.44 14.55 38.65 13 7.091 0.358 6 4 High Quality Transit Areas (2016BY; Feb2020 version) 4.040354754 7.091330512 5 0.16970016 0.149907809 0.066910306 0.052976047 0.140893929 58.0 4.95 Community Connector/Safe School Route 1, 2, 3, 5, 7 (Segment 1)34th St 30th St 17 0.52 Safe School Route 5 (Segment 2)28th St 4th St 17 3.01 Neighborhood Street Planned Community Connector 1, 2, 7 (Segment 3)3rd St Rialto Ave 17 0.40 Class II Planned Community Connector 1 (Segment 4)Rialto Ave Inland Center Dr 17 1.02 Existing Class II Community Connector 3 7th St Garcia St E St 18 97.920 0.47031 28664.00 5 25.7 8.20 17.73 40.43 0 8.033 0.251 14 3 High Quality Transit Areas (2016BY; Feb2020 version) 5.38892615 8.033338003 5 0.193760286 0.104018136 0.090296677 0.039696656 0.147673373 57.5 1.30 Safe School Route 1 Rialto Ave Eucalyptus Ave Tippecanoe Ave 19 97.920 0.39720 39451.00 20 35.0 6.14 13.99 37.84 4 4.885 0.412 20 1 High Quality Transit Areas (2016BY; Feb2020 version) 2.652121205 4.885058146 5 0.170325408 0.167354597 0.061390193 0.040219157 0.133915098 57.3 6.79 Multi-Modal Corridor/Community Connector 1, 3, 6 (Segment 1)Eucalyptus Ave Pacific Electric Trail 19 2.47 Class II Planned Community Connector 3, 6 (Segment 2)Pacific Electric Trail G St 19 1.61 Class IV Planned Multi-Modal Corridor 1, 3 (Segment 3)G St E St 19 0.32 Existing Class II Multi-Modal Corridor 1, 3 (Segment 4)E St Creekside Apartment Homes 19 1.38 Class IV Planned Multi-Modal Corridor 1 (Segment 5)Creekside Apartment Homes Tippecanoe Ave 19 1.01 Class III Planned Community Connector 1 Medical Center Dr 27th St 5th St 20 94.818 0.43078 41104.33 12 35.0 6.43 15.12 39.08 3 1.610 0.419 12 2 High Quality Transit Areas (2016BY; Feb2020 version) 3.784857275 1.610128886 5 0.171662424 0.15272045 0.069754469 0.032551071 0.13960951 56.6 2.64 Safe School Route/Community Connector 1, 6 (Segment 1)27th St Highland Ave 20 0.32 Neighborhood Street Planned Safe School Route 6 (Segment 2)Highland Ave 5th St 20 2.32 Class II Planned Community Connector 1, 6 6th St H St Victoria Ave 21 97.920 0.40044 33132.70 9 35.0 6.35 14.58 39.28 7 6.123 0.443 10 High Quality Transit Areas (2016BY; Feb2020 version) 3.633406776 6.123063956 5 0.174709333 0.147232645 0.068372722 0.033598609 0.138848148 56.3 2.75 Neighborhood Street Planned Community Connector 1 I St 3rd St Inland Center Dr 22 96.558 0.41364 32921.67 2 35.0 7.83 16.77 38.67 4 9.853 0.229 4 1 High Quality Transit Areas (2016BY; Feb2020 version) 3.956735014 9.853267828 5 0.175468837 0.134427767 0.080553327 0.028806058 0.140473561 56.0 1.77 Neighborhood Street Planned Community Connector 1, 3 H St 56th St 3rd St 23 97.920 0.40184 41986.29 15 34.0 6.01 13.30 37.34 6 3.241 0.478 5 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.488805204 3.24145721 5 0.169968126 0.154296912 0.057305134 0.029886558 0.143148348 55.5 4.46 Community Connector/Safe School Route 1, 2, 4, 5 (Segment 1)56th St Northpark Blvd 23 0.20 Safe School Route 4, 5 (Segment 2)Northpark Blvd 48th St 23 0.76 Neighborhood Street Planned Community Connector 4 (Segment 3)30th St 3rd St 23 3.50 Class II Planned Community Connector 1, 2, 5 8th St H St Sierra Way 24 97.920 0.42067 29668.80 3 25.0 7.28 16.42 40.34 1 9.638 0.358 5 1 High Quality Transit Areas (2016BY; Feb2020 version) 7.348015328 9.637813107 5 0.181467774 0.097795497 0.081533747 0.030470846 0.157521969 54.9 1.09 Neighborhood Street Planned Community Connector 1 Mill St Bordwell Ave Tippecanoe Ave 25 96.558 0.37698 45685.42 16 34.8 5.73 13.29 36.13 14 5.954 0.383 3 2 High Quality Transit Areas (2016BY; Feb2020 version) 2.458430052 5.954244584 5 0.159505354 0.159219193 0.05228101 0.041767077 0.132941387 54.6 5.69 Class II Planned Community Connector 1, 3 Arrowhead Ave Edgerton Dr Orange Show Rd 26 96.558 0.39061 39257.71 4 35.0 6.61 13.87 36.99 12 8.462 0.532 10 High Quality Transit Areas (2016BY; Feb2020 version) 2.398658317 8.462258847 5 0.166403407 0.138086304 0.061088999 0.045077215 0.132640907 54.3 3.34 Community Connector 1, 3, 4, 7 (Segment 1)Edgerton Dr Thompson Pl 26 0.24 Neighborhood Street Planned Community Connector 4, 7 (Segment 2)Thompson Pl 28th St 26 1.32 Existing Class II Community Connector 7 (Segment 3)Rialto Ave Orange Show Rd 26 1.78 Class II Planned Community Connector 1, 3 Gilbert St Waterman Ave Perris Hills Park Rd 27 96.659 0.36664 39297.50 7 35.0 6.68 14.43 39.05 0 4.674 0.227 1 1 High Quality Transit Areas (2016BY; Feb2020 version) 6.606110525 4.673632907 5 0.160905402 0.143574109 0.068972301 0.014511836 0.153792317 54.2 0.91 Community Connector 2 (Segment 1)Waterman Ave Anton Ct 27 0.68 Neighborhood Street Planned Community Connector 2 (Segment 2)Anton Ct Perris Hills Park Rd 27 0.23 Class II Planned Community Connector 2 F St Northpark Blvd 4th St 28 97.920 0.41366 43284.00 8 25.6 7.10 14.80 37.85 0 8.452 0.447 5 1 High Quality Transit Areas (2016BY; Feb2020 version) 8.033289604 8.452103207 5 0.172016376 0.109345685 0.068774222 0.030608693 0.160966932 54.2 1.37 Safe School Route/Community Connector 1, 4 (Segment 1)Northpark Blvd 48th St 28 0.42 Safe School Route 4 (Segment 2)9th St 4th St 28 0.95 Neighborhood Street Planned Community Connector 1 Allen St Rialto Ave Valley St 29 97.920 0.33404 22275.33 1 25.0 8.03 16.90 40.67 0 14.291 0.697 4 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.788248085 14.29072871 5 0.165251685 0.094136961 0.087793797 0.046748333 0.144653686 53.9 0.42 Neighborhood Street Planned Safe School Route 1 K St Rialto Ave Hillcrest Ave 30 96.558 0.39356 41991.67 4 35.0 5.27 13.03 37.20 14 7.926 0.269 2 3 High Quality Transit Areas (2016BY; Feb2020 version) 3.303376745 7.926427143 5 0.165535086 0.138086304 0.052270306 0.044660624 0.137189044 53.8 1.51 Neighborhood Street Planned Community Connector 3 Thompson Pl Thompson Pl Mountain View Ave 31 73.626 0.42658 45031.50 0 35.0 5.50 11.10 34.05 0 1.067 0.588 4 High Quality Transit Areas (2016BY; Feb2020 version) 19.19655063 1.066706693 5 0.129868496 0.130769231 0.038876782 0.018900537 0.217086097 53.6 0.16 Class II Planned Community Connector 4, 7 Del Rosa Ave 39th St Del Rosa Ave/City Boundary 32 86.246 0.40825 46211.33 23 35.0 6.25 12.47 35.87 9 1.461 0.494 4 High Quality Transit Areas (2016BY; Feb2020 version) 3.296698989 1.460638034 5 0.147825381 0.172842402 0.051955438 0.025500062 0.137155475 53.5 2.43 Community Connector 1, 2, 4, 7 (Segment 1)39th St Lynwood Dr 32 1.21 Class II Planned Community Connector 4, 7 (Segment 2)Lynwood Dr Highland Ave 32 0.92 Class IV Planned Community Connector 4, 7 (Segment 3)Highland Ave Del Rosa Ave/City Boundary 32 0.30 Class II Planned Community Connector 1, 2 L St Baseline St Rialto Ave 33 93.003 0.44562 37114.33 2 33.3 6.00 14.77 39.37 1 1.792 0.156 7 High Quality Transit Areas (2016BY; Feb2020 version) 6.430617088 1.792390367 5 0.174147683 0.128017511 0.067314696 0.009215333 0.152910089 53.2 1.24 Community Connector 1, 6 (Segment 1)Baseline St 5th St 33 1.09 Neighborhood Street Planned Community Connector 1, 6 (Segment 2)2nd St Rialto Ave 33 0.15 Class II Planned Community Connector 1 16th St California St Crestview Ave 34 96.659 0.41165 41927.29 5 30.5 6.53 14.69 38.67 3 3.007 0.330 5 2 High Quality Transit Areas (2016BY; Feb2020 version) 3.751407416 3.006787531 5 0.170025705 0.12273063 0.067839629 0.026104468 0.139441353 52.6 4.00 Neighborhood Street Planned Community Connector 1, 2, 6 Inland Center Dr Mill St City Boundary 35 96.558 0.34162 36772.00 1 35.0 7.43 15.97 37.50 6 8.940 0.257 1 High Quality Transit Areas (2016BY; Feb2020 version) 3.745560648 8.939550144 5 0.156262339 0.132598499 0.07280223 0.0234809 0.13941196 52.5 1.33 Multi-Modal Corridor 3 (Segment 1)Mill St Adell St 35 0.57 Existing Class I Multi-Modal Corridor 3 (Segment 2)Adell St I St 35 0.40 Class I Planned Multi-Modal Corridor 3 (Segment 3)I St City Boundary 35 0.36 Existing Class I Multi-Modal Corridor 3 Vanderbilt Way Waterman Ave Carnegie Dr 36 96.558 0.32657 50798.50 0 35.0 5.60 12.95 33.70 0 10.404 0.526 High Quality Transit Areas (2016BY; Feb2020 version) 10.67418821 10.40388279 5 0.144677569 0.130769231 0.043610264 0.027627164 0.174243073 52.1 0.28 Neighborhood Street Planned Community Connector 3 13th St H St Sierra Wy 37 93.003 0.42554 35210.33 8 25.0 6.13 14.97 41.10 0 1.794 0.249 1 2 High Quality Transit Areas (2016BY; Feb2020 version) 6.417292219 1.794363196 5 0.170499381 0.106941839 0.07361834 0.015365552 0.152843103 51.9 1.09 Safe School Route 2 Grant Ave Mt Vernon Ave I St 38 96.558 0.37088 50986.33 0 35.0 4.87 12.27 35.87 14 8.824 0.226 2 High Quality Transit Areas (2016BY; Feb2020 version) 5.366932145 8.82426515 5 0.15503004 0.130769231 0.044128874 0.03851125 0.147562806 51.6 0.75 Neighborhood Street Planned Community Connector 3 Gould St Tippecanoe Ave Richardson St 39 90.898 0.38699 50347.00 1 35.0 6.00 13.20 31.50 2 6.611 0.702 1 High Quality Transit Areas (2016BY; Feb2020 version) 6.61115237 6.610837173 5 0.148900452 0.132598499 0.040020867 0.03422444 0.153817663 51.0 0.61 Neighborhood Street Planned Community Connector 3 Valencia St Olive St 9th St 40 86.359 0.40063 40594.33 4 25.0 6.33 13.63 37.47 2 1.361 0.371 1 High Quality Transit Areas (2016BY; Feb2020 version) 13.16458978 1.360552054 5 0.149448821 0.099624765 0.060339715 0.011832143 0.186762645 50.8 0.23 Safe School Route 1 Date St Golden Ave Arden Ave 41 86.246 0.41141 44543.25 10 35.0 5.80 12.08 36.60 3 1.592 0.512 4 High Quality Transit Areas (2016BY; Feb2020 version) 3.322351233 1.592357062 5 0.149526332 0.149061914 0.050618614 0.020232442 0.137284432 50.7 1.50 Neighborhood Street Planned Community Connector 4, 7 Golden Ave 40th St Golden Ave 42 86.246 0.39693 47973.14 8 35.0 6.24 12.20 35.39 10 1.244 0.520 6 High Quality Transit Areas (2016BY; Feb2020 version) 3.356419767 1.244130128 5 0.144142196 0.145403377 0.04976653 0.028628799 0.137455699 50.5 1.79 Neighborhood Street Planned Community Connector 4, 7 Sterling Ave Lynwood Dr Date St 43 86.246 0.39844 44861.00 2 35.0 5.75 11.88 36.18 6 1.192 0.503 2 High Quality Transit Areas (2016BY; Feb2020 version) 6.61223437 1.191965794 5 0.146280935 0.134427767 0.048555709 0.020747535 0.153823102 50.4 0.45 Neighborhood Street Planned Safe School Route 4 Esperanza St Mt Vernon Ave K St 44 96.558 0.42778 47136.00 1 25.0 5.27 13.07 37.03 9 3.412 0.269 2 High Quality Transit Areas (2016BY; Feb2020 version) 9.326335915 3.411624849 5 0.170666465 0.094136961 0.051879972 0.019446005 0.167467244 50.4 0.43 Safe School Route 3 40th St Kendall Dr Mountain Ave 45 69.012 0.39353 52035.00 15 35.0 5.62 11.00 33.97 27 1.034 0.704 9 High Quality Transit Areas (2016BY; Feb2020 version) 3.492270068 1.033910378 5 0.109661346 0.158208255 0.038964472 0.053967473 0.138138636 49.9 3.44 Class II Planned Community Connector 4 27th St California St H St 46 93.457 0.42366 50121.40 1 31.2 5.32 12.14 36.56 1 0.893 0.524 4 1 High Quality Transit Areas (2016BY; Feb2020 version) 5.309791848 0.893452042 5 0.162341298 0.1178056 0.048166265 0.022022063 0.147275554 49.8 1.51 Safe School Route/Community Connector 2, 6 (Segment 1)California St Medical Center Dr 46 0.61 Safe School Route 6 (Segment 2)Little Mountain Dr H St 46 0.90 Class II Planned Community Connector 2 Parkdale Dr Mountain View Ave Valencia Ave 47 78.618 0.43703 51215.00 1 34.3 6.10 11.60 34.50 0 1.089 0.697 5 1 High Quality Transit Areas (2016BY; Feb2020 version) 6.941163379 1.089431398 5 0.137875609 0.129851246 0.044746958 0.027770835 0.155476671 49.6 1.01 Community Connector 4, 7 (Segment 1)Mountain View Ave Sierra Wy 47 0.14 Class II Planned Community Connector 4, 7 (Segment 2)Sierra Wy Valencia Ave 47 0.87 Existing Class II Community Connector 4, 7 Mountain Ave 39th St Lynwood Dr 48 86.246 0.39441 44810.00 0 34.2 5.83 12.13 36.85 0 0.742 0.666 4 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.927555055 0.741514572 5 0.145359568 0.127810651 0.051617834 0.025431439 0.145354 49.6 1.22 Neighborhood Street Planned Community Connector 4, 7 Pumalo St Golden Ave Arden Ave 49 86.246 0.39489 43972.71 3 35.0 5.93 12.43 36.49 3 2.210 0.402 2 2 High Quality Transit Areas (2016BY; Feb2020 version) 2.581697474 2.210186107 5 0.145951576 0.136257036 0.051960093 0.024861024 0.133561069 49.3 1.55 Neighborhood Street Planned Community Connector 4, 7 26th St/Courtland Dr G St E St 50 96.659 0.39614 46336.50 0 25.0 6.03 12.83 37.08 0 1.451 0.508 1 1 High Quality Transit Areas (2016BY; Feb2020 version) 8.133429043 1.451266938 5 0.163839736 0.092307692 0.055299174 0.01890871 0.161470346 49.2 0.37 Safe School Route 7 Carnegie Dr Hospitality Ln Hospitality Ln 51 96.558 0.34972 46164.33 0 35.0 5.10 11.40 31.53 0 10.175 0.526 High Quality Transit Areas (2016BY; Feb2020 version) 5.955134252 10.17452059 5 0.152797427 0.130769231 0.030308611 0.027283342 0.150519774 49.2 0.67 Neighborhood Street Planned Community Connector 3 La Junta St Baseline St Olive St 52 86.359 0.40063 40594.33 0 25.0 6.33 13.63 37.47 0 1.361 0.233 High Quality Transit Areas (2016BY; Feb2020 version) 12.75941896 1.360552054 5 0.149448821 0.092307692 0.060339715 0.004477096 0.184725799 49.1 0.24 Safe School Route 1 Crestview Ave Highland Ave Baseline St 53 86.359 0.35833 45602.00 4 35.0 6.18 12.96 36.70 0 2.990 0.348 1 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.898545655 2.990427675 5 0.13659526 0.138086304 0.055404062 0.015946371 0.145208166 49.1 1.22 Neighborhood Street Planned Community Connector 2 Perris Hills Park Rd 21st St Gilbert St 54 86.359 0.34894 46279.33 0 35.0 6.63 13.37 36.37 0 4.291 0.394 3 High Quality Transit Areas (2016BY; Feb2020 version) 6.221927932 4.291090724 5 0.133992512 0.130769231 0.057963548 0.016557649 0.151860981 49.1 0.64 Class II Planned Community Connector 2 21st St Arrowhead Ave Perris Hill Park Rd 55 96.659 0.36131 45527.40 2 27.7 6.48 13.28 36.92 10 3.734 0.352 4 High Quality Transit Areas (2016BY; Feb2020 version) 4.844493858 3.734311574 5 0.156079736 0.106222639 0.058522355 0.025264231 0.144936441 49.1 1.44 Class II Planned Community Connector 2 Central Ave Highland Ave Tippecanoe Ave 56 96.558 0.28421 50145.75 5 31.3 7.00 14.30 36.64 2 6.974 0.559 2 High Quality Transit Areas (2016BY; Feb2020 version) 2.119163015 6.973972482 5 0.135051682 0.125745532 0.063319416 0.034522204 0.131235848 49.0 2.83 Community Connector 1, 3, 4 (Segment 1)Highland Ave City Boundary 56 0.76 Neighborhood Street Planned Community Connector 4 (Segment 2)Arrowhead Ave Tippecanoe Ave 56 2.07 Community Connector 1, 3 Eureka St Mountain Ave Del Rosa Ave 57 86.246 0.39224 44768.50 2 25.0 5.85 11.95 36.15 0 0.827 0.826 1 1 High Quality Transit Areas (2016BY; Feb2020 version) 9.901167373 0.826912856 5 0.144871187 0.095966229 0.049219834 0.028381955 0.170356996 48.9 0.30 Safe School Route 4 Harrison St 40th St Lynwood Dr 58 86.246 0.38467 52642.20 1 35.0 5.93 11.85 35.55 11 0.902 0.705 4 High Quality Transit Areas (2016BY; Feb2020 version) 2.619486088 0.902438238 5 0.138574949 0.132598499 0.047586863 0.033605795 0.133751037 48.6 1.53 Neighborhood Street Planned Community Connector 4, 7 Orange Show Rd E St Tippecanoe Ave 59 96.558 0.36687 50798.50 8 32.5 5.60 12.95 33.70 0 9.189 0.566 High Quality Transit Areas (2016BY; Feb2020 version) 0.87872407 9.189438679 5 0.154190471 0.135787992 0.043610264 0.027139926 0.125 48.6 2.44 Class II Planned Community Connector 3 Olive St Mountain View Ave Valencia St 60 86.359 0.42577 34466.17 2 25.0 6.18 14.17 39.67 2 4.515 0.261 2 High Quality Transit Areas (2016BY; Feb2020 version) 5.52935459 4.515099453 5 0.15889327 0.095966229 0.067454254 0.013754098 0.148379325 48.4 1.09 Safe School Route 1, 2 Macy St Etiwanda Ave Foothill Blvd 61 81.493 0.42566 46227.33 0 35.0 6.20 14.23 37.30 4 1.009 0.413 High Quality Transit Areas (2016BY; Feb2020 version) 2.922707794 1.008604918 5 0.143278297 0.130769231 0.060850222 0.013889482 0.135275372 48.4 0.68 Neighborhood Street Planned Community Connector 6 Pacific Electric Trail Pepper Ave Muscott Ave 61 81.493 0.42566 46227.33 0 35.0 6.20 14.23 37.30 4 1.009 0.413 High Quality Transit Areas (2016BY; Feb2020 version) 2.922707794 1.008604918 5 0.143278297 0.130769231 0.060850222 0.013889482 0.135275372 48.4 2.17 Class I Planned Community Connector 3, 6 Lynwood Dr 30th St Victoria Ave 62 86.246 0.33764 52080.88 8 35.0 6.00 11.63 34.43 3 1.401 0.639 3 1 High Quality Transit Areas (2016BY; Feb2020 version) 3.263389488 1.401173834 5 0.127794425 0.145403377 0.044074621 0.027773984 0.136988023 48.2 2.41 Class II Planned Multi-Modal Corridor 4, 7 Mountain Dr Northpark Blvd Hill Dr 63 73.626 0.37017 52814.40 1 35.0 4.68 9.90 33.40 1 0.595 0.730 High Quality Transit Areas (2016BY; Feb2020 version) 12.75204345 0.594568146 5 0.112094804 0.132598499 0.029292955 0.020629873 0.184688721 47.9 0.31 Neighborhood Street Planned Community Connector 4 Eureka Ave Walnut St Esperanza St 64 96.558 0.42778 47136.00 0 26.1 5.27 13.07 37.03 1 3.412 0.226 2 High Quality Transit Areas (2016BY; Feb2020 version) 5.578182603 3.411624849 5 0.170666465 0.096581197 0.051879972 0.009935914 0.148624789 47.8 0.54 Safe School Route 3 Tippecanoe Ave Baseline St I-10 65 69.667 0.39412 41067.43 17 35.0 5.26 11.97 34.63 3 3.995 0.470 5 High Quality Transit Areas (2016BY; Feb2020 version) 2.522548494 3.994874448 5 0.117274933 0.161866792 0.041745498 0.02324576 0.133263719 47.7 3.33 Class II Planned Community Connector 1, 3 Brier Dr Carnegie Dr Tippecanoe Ave 66 90.898 0.38015 50347.00 1 35.0 6.00 13.20 31.50 0 7.137 0.463 High Quality Transit Areas (2016BY; Feb2020 version) 2.958248708 7.137135281 5 0.147286714 0.132598499 0.040020867 0.020665802 0.135454041 47.6 1.35 Neighborhood Street Planned Community Connector 3 Marshall Blvd Little Mountain Dr Rockford Ave 67 73.626 0.38870 52124.91 2 34.8 5.69 11.39 34.22 11 0.780 0.663 7 3 High Quality Transit Areas (2016BY; Feb2020 version) 2.847062754 0.780353935 5 0.116863338 0.13367362 0.041189608 0.047841863 0.134895095 47.4 4.57 Neighborhood Street Planned Community Connector 4, 5, 7 Pepper Ave Foothill Blvd Randall Ave 68 81.493 0.35556 54579.33 7 40.0 4.87 11.84 35.25 1 3.811 0.333 3 High Quality Transit Areas (2016BY; Feb2020 version) 2.200999439 3.810700733 5 0.121946967 0.162804878 0.041148463 0.014841116 0.13164725 47.2 1.82 Class II Planned Community Connector 3, 6 Colton Ave Hillcrest Ave I St 69 96.558 0.36002 47194.00 0 35.0 4.95 12.35 36.00 0 9.592 0.220 25.48540907 9.591962161 0 0.154637662 0.130769231 0.045189321 0.01639444 0.123701007 47.1 0.08 Neighborhood Street Planned Community Connector 3 Meridian Ave Madrona St Randall Ave 70 81.493 0.37228 52457.67 5 33.9 5.53 13.01 36.01 6 3.192 0.388 3 1 High Quality Transit Areas (2016BY; Feb2020 version) 1.959585096 3.191931018 5 0.127109592 0.13569721 0.0501155 0.025241758 0.130433629 46.9 2.55 Neighborhood Street Planned Community Connector 3, 6 Electric Ave Northpark Blvd Edgerton Dr 71 69.012 0.40949 58338.50 1 35.0 5.45 11.05 34.83 3 1.386 0.713 4 2 High Quality Transit Areas (2016BY; Feb2020 version) 5.558530446 1.385880714 5 0.109817974 0.132598499 0.040725979 0.035432009 0.148525996 46.7 1.26 Class I Planned Community Connector 4 28th St H St 100' E/O San Gabriel St 72 93.457 0.39299 49837.00 0 25.0 5.88 12.20 36.03 5 0.846 0.551 2 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.293628743 0.84621105 5 0.155265792 0.092307692 0.04969391 0.025264033 0.14216717 46.5 2.10 Class II Planned Community Connector 2, 7 Valencia Ave 40th St Baseline St 73 77.509 0.36883 47845.57 2 34.0 6.10 12.50 35.96 5 1.704 0.450 5 1 High Quality Transit Areas (2016BY; Feb2020 version) 2.631894512 1.704174763 5 0.1216888 0.130448988 0.051525211 0.025634777 0.133813416 46.3 3.04 Community Connector/Safe School Route 2, 7 (Segment 1)40th St 30th St 73 1.64 Existing Class II Community Connector 7 (Segment 2)30th St 21st St 73 0.94 Class II Planned Community Connector 2, 7 (Segment 3)Gilbert St Baseline St 73 0.46 Safe School Route 2 Harriman Pl Hospitality Ln Tippecanoe Ave 74 85.981 0.36658 43621.50 1 35.0 5.10 10.93 29.63 0 6.444 0.480 High Quality Transit Areas (2016BY; Feb2020 version) 4.710660642 6.444256853 5 0.138989386 0.132598499 0.023467088 0.020206094 0.144263644 46.0 0.64 Class II Planned Community Connector 3 30th St Little Mountain Dr Lynwood Dr 75 73.626 0.39180 49655.22 13 26.1 5.50 11.87 35.78 10 0.555 0.704 5 High Quality Transit Areas (2016BY; Feb2020 version) 3.960614211 0.555231412 5 0.119009537 0.120361684 0.046065117 0.032838593 0.140493063 45.9 3.53 Class II Planned Multi-Modal Corridor 5, 7 Kendall Dr Palm Ave E St 76 73.626 0.35017 70321.67 12 35.0 4.23 9.19 32.30 28 0.574 0.620 11 High Quality Transit Areas (2016BY; Feb2020 version) 1.917617018 0.574176693 5 0.097347744 0.15272045 0.021741785 0.053117658 0.13022265 45.5 5.74 Multi-Modal Corridor 4, 5, 7 (Segment 1)Palm Ave F St/Shandin Hills Cir 76 4.71 Existing Class II Multi-Modal Corridor 4, 5 (Segment 2)F St/Shandin Hills Cir E St 76 1.03 Neighborhood Street Planned Multi-Modal Corridor 4, 5, 7 Packet Pg.476 3APPENDIX G Ranked Corridor List Street From To FINAL RANK CIscoreP Under 18 & Over 65 Population Share Median Household Income (MHHI) Bike/Ped Collision Count Average Travel Speed Coronary Heart Disease Crude Prevalence (%) Diabetes Crude Prevalence (%) Obesity Crude Prevalence (%) Total Retail Density Low Food Access Park Community Center Count School Count Transit Area Connectivity per Corridor Length (Miles) Retail Density NUM Transit Area SCORE EQUITY Category Score SAFETY Category Score HEALTH Category Score COMMUNITY NEED and INPUT Category Score NETWORK CONNECTIVITY Category Score Final Score Length (Miles) Bike Class Status ATN Network Ward Pacific St Perris Hills Park Rd Boulder Ave 77 68.154 0.38788 53574.43 2 33.2 5.70 11.86 34.46 5 2.167 0.397 4 6 High Quality Transit Areas (2016BY; Feb2020 version) 1.836604606 2.166975487 5 0.105886312 0.127376485 0.043249028 0.046113152 0.12981539 45.2 3.27 Class II Planned Community Connector 2, 4, 7 Hospitality Ln E St Tippecanoe Ave 78 96.558 0.33562 53177.40 4 32.9 4.26 9.92 30.42 10 7.421 0.484 High Quality Transit Areas (2016BY; Feb2020 version) 1.147890323 7.420955753 5 0.145453024 0.130128744 0.018481937 0.03190504 0.126353134 45.2 2.40 Class II Planned Community Connector 3 Cajon Blvd Palm Ave Mt Vernon Ave 79 70.209 0.35869 57300.00 3 39.7 5.34 12.53 36.38 3 0.575 0.549 4 High Quality Transit Areas (2016BY; Feb2020 version) 1.548803377 0.574778251 5 0.100600421 0.154475659 0.048807909 0.019911955 0.128368576 45.2 3.87 Class IV Planned Community Connector 6 23rd St Miramonte Dr 670' W/O Davidson Ave 80 93.457 0.40629 49713.80 0 35.0 5.66 13.20 36.98 0 2.048 0.404 1 20.0357833 2.048113223 0 0.158476348 0.130769231 0.054166323 0.011913205 0.096305029 45.2 0.15 Class II Planned Community Connector 2 Little Mountain Dr Northpark Blvd 27th St 81 73.626 0.37178 52474.50 3 35.0 4.76 10.73 34.71 2 0.706 0.607 5 2 High Quality Transit Areas (2016BY; Feb2020 version) 2.474146534 0.705948764 5 0.112669282 0.136257036 0.035871941 0.030719789 0.133020396 44.9 3.64 Class IV Planned Community Connector 2, 5 Guthrie St Highland Ave Pacific St 82 82.627 0.41288 45384.75 2 25.0 5.18 11.48 35.55 2 1.278 0.386 2 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.874156689 1.278321249 5 0.142809015 0.095966229 0.042590533 0.01745944 0.14508556 44.4 0.62 Safe School Route 7 University Pkwy Northpark Blvd Cajon Blvd 83 69.894 0.34184 60874.00 10 35.0 3.96 9.56 33.68 21 1.546 0.842 2 High Quality Transit Areas (2016BY; Feb2020 version) 1.102827606 1.545656745 5 0.094003702 0.149061914 0.025366929 0.047547985 0.126126598 44.2 2.11 Multi-Modal Corridor 5, 6 (Segment 1)Northpark Blvd Varsity Ave 83 1.22 Existing Class II Multi-Modal Corridor 5 (Segment 2)Varsity Ave Cajon Blvd 83 0.89 Class II Planned Multi-Modal Corridor 5, 6 Arden Ave Marshall Blvd Southern Terminus 84 62.052 0.39797 42591.00 2 35.0 5.08 11.43 35.78 4 0.855 0.354 2 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.379106776 0.855218828 5 0.103457272 0.134427767 0.042578425 0.017795131 0.142596879 44.1 1.60 Community Connector/Safe School Route 4, 7 (Segment 1)Marshall Blvd Pacific St 84 1.19 Neighborhood Street Planned Community Connector 4, 7 (Segment 2)Pacific St Southern Terminus 84 0.41 Neighborhood Street Planned Safe School Route 7 Foothill Dr Del Rosa Ave Mesquite Dr 85 77.509 0.38783 59452.33 0 35.0 5.80 10.67 31.97 2 0.962 0.769 High Quality Transit Areas (2016BY; Feb2020 version) 2.186424394 0.962299182 5 0.119525919 0.130769231 0.033171279 0.023486925 0.13157398 43.9 1.37 Neighborhood Street Planned Community Connector 4 Genevieve St 40th St Parkdale St 86 69.012 0.43485 49877.33 1 25.0 5.67 11.43 35.67 0 1.950 0.697 4 1 High Quality Transit Areas (2016BY; Feb2020 version) 5.842206667 1.949840125 5 0.120649699 0.094136961 0.045392905 0.028257048 0.149952073 43.8 0.51 Safe School Route 4 48th St Kendall Dr Electric Ave 87 69.012 0.38239 55524.83 2 35.0 4.43 9.62 33.42 1 1.044 0.648 2 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.860644399 1.044445303 5 0.105032841 0.134427767 0.02724619 0.024701361 0.145017632 43.6 1.44 Neighborhood Street Planned Community Connector 4, 5 Northpark Blvd Electric Ave Campus Pkwy 88 69.012 0.34112 64179.20 5 33.1 4.26 9.28 33.06 14 1.459 0.776 4 1 High Quality Transit Areas (2016BY; Feb2020 version) 1.463250143 1.459449285 5 0.09033597 0.13243694 0.024348446 0.044253623 0.127938489 41.9 3.49 Existing Class II Multi-Modal Corridor 4, 5 California St Cajon Blvd Baseline St 89 94.818 0.42381 43646.00 2 35.0 6.38 14.85 38.78 4 0.920 0.612 5 2 3.420441182 0.919984147 0 0.168561838 0.134427767 0.067798644 0.033233856 0.012777543 41.7 2.63 Neighborhood Street Planned Community Connector 6 Victoria Ave Lynwood Dr Highland Ave 90 57.955 0.28939 54141.20 4 35.0 6.88 12.95 35.15 8 1.597 0.356 High Quality Transit Areas (2016BY; Feb2020 version) 3.729897365 1.596937507 5 0.063758034 0.138086304 0.054562038 0.016944011 0.139333219 41.3 0.92 Neighborhood Street Planned Community Connector 4 Palm Ave (E)Piedmont Dr Pacific St 91 41.100 41.1 1.09 Community Connector 4 (Segment 1)Piedmont Dr Highland Ave 91 0.49 Class III Planned Community Connector 4 (Segment 2)Highland Ave 20th St 91 0.18 Class II Planned Community Connector 4 (Segment 3)20th St Atlantic Ave 91 0.13 Class III Planned Community Connector 4 (Segment 4)Atlantic Ave Pacific St 91 0.29 Class II Planned Community Connector 4 38th St Waterman Ave Parkside Dr 92 78.618 0.42475 51215.00 0 25.0 6.10 11.60 34.50 0 1.187 0.723 4 2 21.31581399 1.18684904 0 0.134977981 0.092307692 0.044746958 0.032418012 0.10273991 40.7 0.14 Neighborhood Street Planned Safe School Route 7 State St Sheridan Rd University Pkwy 93 69.894 0.36348 60874.00 3 25.0 3.96 9.56 33.68 2 2.033 0.842 1 2 High Quality Transit Areas (2016BY; Feb2020 version) 4.473597638 2.033020835 5 0.099111712 0.097795497 0.025366929 0.03719871 0.143071897 40.3 0.67 Safe School Route 5 Eucalyptus Ave Rialto Ave Randall Ave 94 59.834 0.36341 54041.60 0 35.0 4.76 11.58 34.80 0 5.499 0.273 1 High Quality Transit Areas (2016BY; Feb2020 version) 1.647642952 5.499328556 5 0.084705315 0.130769231 0.038528433 0.016447073 0.128865455 39.9 1.21 Neighborhood Street Planned Community Connector 3, 6 35th St Harrison St Golden Ave 95 77.509 0.31857 53454.50 0 35.0 5.90 11.35 34.10 1 0.153 0.826 1 19.98294099 0.152809857 0 0.106611622 0.130769231 0.041828083 0.023917946 0.096039384 39.9 0.15 Neighborhood Street Planned Community Connector 7 Piedmont Dr Yuma Dr Diablo Dr 96 57.955 0.32513 56371.25 0 31.4 7.40 13.44 35.12 3 1.529 0.459 2 High Quality Transit Areas (2016BY; Feb2020 version) 1.277400104 1.529101228 5 0.070917767 0.116923077 0.05857117 0.02411323 0.127004196 39.8 2.35 Neighborhood Street Planned Community Connector 4 Pennsylvania Ave 16th St Baseline St 97 94.818 0.43980 40945.00 0 25.0 7.05 16.00 38.90 3 1.231 0.392 4 2 6.382536638 1.230578989 0 0.173884195 0.092307692 0.07495391 0.02467166 0.027668382 39.3 0.78 Neighborhood Street Planned Safe School Route 6 Corridor: Windsor St, Lakewood Dr, Morgan Rd State St Little Mountain Dr 98 73.626 0.37767 57062.80 0 25.0 3.86 8.82 32.72 0 2.233 0.793 1 2 High Quality Transit Areas (2016BY; Feb2020 version) 2.486321418 2.232591536 5 0.111433727 0.092307692 0.019960901 0.033884964 0.133081601 39.1 1.21 Safe School Route 5 14th St Mt Vernon Ave Massachusetts Ave 99 89.044 0.43684 41581.50 1 25.0 6.70 15.95 39.30 2 1.027 0.188 1 1 10.85995771 1.026548233 0 0.16231545 0.094136961 0.074138188 0.009774797 0.05017696 39.1 0.37 Neighborhood Street Planned Safe School Route 6 44th St D St Electric Ave 100 69.012 0.41253 49877.33 0 35.0 5.67 11.43 35.67 0 1.795 0.645 3 16.04228682 1.794674172 0 0.115383121 0.130769231 0.045392905 0.021037547 0.076229203 38.9 0.19 Neighborhood Street Planned Community Connector 4 Fountain Ave Sonora St 39th St 101 77.509 0.37303 61865.00 0 35.0 5.90 10.55 31.60 0 0.996 0.710 3 18.11649174 0.995859408 0 0.114652356 0.130769231 0.032300755 0.021989706 0.086656501 38.6 0.22 Class III Planned Community Connector 4 Massachusetts Ave 21st St Baseline St 102 93.457 0.41456 46080.50 3 35.0 6.00 13.55 37.10 0 1.616 0.285 4 4.7897934 1.616127455 0 0.16250817 0.136257036 0.057288637 0.009783253 0.019661454 38.5 1.25 Neighborhood Street Planned Community Connector 5 Darby St California St Cajon Blvd 103 91.906 0.40969 52495.33 0 35.0 5.00 11.93 36.60 0 0.555 0.717 2 7.33061105 0.555209959 0 0.154864091 0.130769231 0.04601895 0.020759693 0.032434475 38.5 0.41 Neighborhood Street Planned Community Connector 6 15th St California St Pennsylvania Ave 104 92.423 0.42647 50779.00 0 25.0 5.60 14.00 37.90 1 1.097 0.392 2 1 11.5360036 1.096870649 0 0.160748692 0.092307692 0.058785668 0.016378234 0.053575531 38.2 0.26 Neighborhood Street Planned Safe School Route 6 10th St Mt Vernon Ave Montgomery St 105 94.818 0.42810 36378.20 2 25.0 6.76 15.92 39.96 0 5.725 0.152 6 1 4.350215356 5.72467574 0 0.173736786 0.095966229 0.076287007 0.017638144 0.017451638 38.1 0.69 Neighborhood Street Planned Safe School Route 1, 6 Del Rosa Dr Baseline St 6th St 106 82.627 0.42663 41614.33 0 35.0 5.50 12.77 38.27 4 0.681 0.511 1 4.266266175 0.680826474 0 0.148213504 0.130769231 0.055842632 0.021081308 0.017029615 37.3 0.94 Class II Planned Community Connector 1 50th St Electric Ave Mountain View Ave 107 69.012 0.39021 60713.00 0 25.0 5.23 10.87 34.93 0 0.335 0.843 23.51796774 0.335371542 0 0.103908474 0.092307692 0.039385653 0.022930109 0.113810423 37.2 0.13 Neighborhood Street Planned Community Connector 4 Garner Ave 18th St Baseline St 108 89.044 0.42263 41581.50 1 25.0 6.70 15.95 39.30 1 2.494 0.211 4 1 6.550887491 2.493733849 0 0.158961251 0.094136961 0.074138188 0.014123568 0.028514703 37.0 0.61 Neighborhood Street Planned Safe School Route 6 Windsor Dr Gilbert St Baseline St 109 86.359 0.33555 40594.33 2 35.0 6.33 13.63 37.47 0 2.912 0.271 1 6.551360134 2.912276875 0 0.134085128 0.134427767 0.060339715 0.012502927 0.02851708 37.0 0.46 Neighborhood Street Planned Community Connector 2 19th St California St Medical Center Dr 110 89.044 0.43328 45617.00 0 25.0 6.40 15.45 38.85 4 3.197 0.428 1 1 5.074249354 3.197034479 0 0.15916405 0.092307692 0.069842816 0.022934784 0.021091451 36.5 0.59 Safe School Route 6 39th St Mountain Ave Del Rosa Ave 111 77.509 0.37303 61865.00 0 35.0 5.90 10.55 31.60 0 0.996 0.710 3 13.19514495 0.995859408 0 0.114652356 0.130769231 0.032300755 0.021989706 0.06191625 36.2 0.30 Class III Planned Community Connector 4 11th St Madison St L St 112 89.044 0.44576 44647.33 0 25.0 6.33 15.30 38.83 4 1.300 0.199 9 1 3.547043198 1.299660533 0 0.16266502 0.092307692 0.069020681 0.019005577 0.013413987 35.6 1.13 Safe School Route 6 Miramonte Dr Marshall Blvd 23rd St 113 73.626 0.40114 47902.83 2 34.4 5.53 12.77 36.42 2 1.595 0.523 4 6.764968655 1.595119696 0 0.122219642 0.132291015 0.050639703 0.019576719 0.029590917 35.4 0.89 Community Connector 2, 5 (Segment 1)Marshall Blvd Little Mountain Dr 113 0.63 Neighborhood Street Planned Community Connector 2, 5 (Segment 2)27th St 23rd St 113 0.26 Class II Planned Community Connector 2 Etiwanda Ave Pepper Ave Macy St 114 81.493 0.42286 49194.67 0 35.0 6.05 13.80 36.75 0 0.835 0.432 3.671739474 0.834880715 0 0.140917728 0.130769231 0.057239877 0.010196646 0.014040852 35.3 0.82 Neighborhood Street Planned Community Connector 6 41st St F St D St 115 69.012 0.43843 49877.33 0 35.0 5.45 11.35 36.25 0 0.552 0.645 2 6.633098299 0.55162863 0 0.121496224 0.130769231 0.045715879 0.018370605 0.028927988 34.5 0.30 Neighborhood Street Planned Community Connector 4 Citrus St Victoria Ave Bangor Ave 116 43.343 0.25849 59078.00 1 25.0 7.45 13.55 35.43 0 2.645 0.409 1 High Quality Transit Areas (2016BY; Feb2020 version) 4.571154567 2.645231864 5 0.027054545 0.094136961 0.060031 0.016633002 0.143562329 34.1 0.44 Safe School Route 4 Muscupiabe Dr Marshall Blvd 21st St 117 73.626 0.39304 43669.67 5 35.0 5.63 12.57 35.93 6 0.824 0.418 2.947477208 0.824223238 0 0.122731599 0.139915572 0.049194627 0.015799888 0.010399891 33.8 2.04 Neighborhood Street Planned Community Connector 2, 5 Campus Pkwy Kendall Dr Northpark Blvd 118 69.894 0.30550 67849.67 0 25.0 3.07 7.40 31.00 2 1.774 0.650 5 High Quality Transit Areas (2016BY; Feb2020 version) 2.280158284 1.774438883 5 0.081430079 0.092307692 0.006785123 0.024796167 0.132045192 33.7 0.88 Existing Class II Multi-Modal Corridor 5 Hill Dr Western Ave H St 119 56.089 0.32385 65546.00 1 25.0 3.60 8.00 30.95 4 0.346 0.698 1 High Quality Transit Areas (2016BY; Feb2020 version) 3.453183745 0.34627322 5 0.061967414 0.094136961 0.011134339 0.026717758 0.137942144 33.2 0.87 Safe School Route 4 Belle St 29th St 28th St 120 87.115 0.34175 47736.00 1 25.0 5.90 12.40 36.65 0 0.847 0.519 1 1 7.087363013 0.846905327 0 0.132835931 0.094136961 0.052206976 0.018354712 0.031211636 32.9 0.14 Safe School Route 7 Pine Ave Kendall Dr Ohio Ave 121 70.209 0.30903 100198.50 0 25.0 3.50 8.15 30.80 0 0.613 0.505 3 High Quality Transit Areas (2016BY; Feb2020 version) 3.520656843 0.612574229 5 0.064312086 0.092307692 0.010597087 0.014675452 0.13828134 32.0 1.14 Class II Planned Community Connector 5 Irvington Ave Magnolia Ave Pine Ave 122 70.209 0.30444 101343.67 1 25.0 3.70 8.27 30.40 4 0.530 0.438 6 High Quality Transit Areas (2016BY; Feb2020 version) 2.488941435 0.530452813 5 0.062572161 0.094136961 0.010813732 0.018816899 0.133094772 31.9 1.61 Neighborhood Street Planned Multi-Modal Corridor 5 Richardson St San Bernardino Ave I-10 123 69.667 0.39830 44182.50 1 35.0 5.60 12.25 30.85 2 1.765 0.588 1 2.16625357 1.764798652 0 0.116476873 0.132598499 0.033347979 0.023193716 0.006472578 31.2 0.92 Neighborhood Street Planned Community Connector 3 Mayfield Ave Northpark Blvd 48th St 124 69.012 0.37924 60713.00 0 25.0 5.23 10.87 34.93 0 0.947 0.713 1 1 9.542333689 0.946546226 0 0.101317958 0.092307692 0.039385653 0.024875792 0.043553093 30.1 0.31 Safe School Route 4 Davidson Ave Colima Rd 27th St 125 73.626 0.39601 44150.50 0 25.0 5.35 11.35 34.50 0 0.989 0.449 1 5.312960006 0.988858161 0 0.123157606 0.092307692 0.040103735 0.015467322 0.022291481 29.3 0.38 Safe School Route 2 Parkside Dr 40th St 30th St 126 69.012 0.38784 53727.20 3 25.0 5.88 11.60 34.96 0 0.933 0.725 4 1 3.134946692 0.9333784 0 0.107349863 0.097795497 0.044929311 0.027649627 0.011342325 28.9 1.59 Safe School Route 7 Little League Dr I-215 Belmont Ave 127 70.209 0.28865 106322.00 0 35.0 3.95 8.55 30.15 7 0.237 0.348 3 3.774750004 0.236848446 0 0.055996054 0.130769231 0.0121997 0.016061647 0.014558699 23.0 0.53 Neighborhood Street Planned Community Connector 5 Devils Canyon Rd Badger Canyon Rd N Campus Pkwy 128 69.894 0.26433 69378.50 0 5.0 2.80 6.90 30.25 2 1.864 0.968 3 22.09464981 1.863863618 0 0.070835944 0.015384615 0.001792636 0.033782924 0.106655219 22.8 0.14 Class II Planned Community Connector 5 Magnolia Ave Belmont Ave Irvington Ave 129 70.209 0.28865 106322.00 0 25.0 3.95 8.55 30.15 2 0.237 0.348 3 1 10.20548377 0.236848446 0 0.055996054 0.092307692 0.0121997 0.015472024 0.046886834 22.3 0.29 Neighborhood Street Planned Multi-Modal Corridor 5 Belmont Ave Little League Dr Pine Ave 130 51.551 0.34794 97510.50 0 31.3 3.65 8.10 30.25 6 1.189 0.575 6 2 2.604915471 1.188508859 0 0.041091511 0.116346154 0.009644408 0.035234731 0.008677789 21.1 1.92 Class II Planned Community Connector 5 Palm Ave (E)Verdemont Dr Cajon Blvd 130 51.551 0.34794 97510.50 0 31.3 3.65 8.10 30.25 6 1.189 0.575 6 2 2.604915471 1.188508859 0 0.041091511 0.116346154 0.009644408 0.035234731 0.008677789 21.1 2.06 Class III Planned Community Connector 5, 6 Packet Pg.477 H Screenline Counts Packet Pg.478 CITY OF SAN BERNARDINO Active Transportation Plan2 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:1 EAST & WEST: NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 7:00 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:15 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 3 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 TOTAL AM 0 2 0 3 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 04:00 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:00 PM 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PM 1 0 0 0 0 0 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 4 NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 7:00 AM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:15 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 2 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 8:00 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 0 0 1 0 0 0 1 1 0 0 0 0 0 0 0 0 0 1 0 0 0 2 6 04:00 PM 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:15 PM 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:15 PM 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 2 5:30 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:45 PM 1 0 0 0 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 3 TOTAL PM 3 0 0 0 1 0 1 1 0 0 2 2 0 0 0 0 0 0 0 0 0 0 10 AMPMWEST SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Northpark University AMPMTOTAL EAST SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Packet Pg.479 3APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:1 EAST & WEST: NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 11:00 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:15 AM 0 0 0 0 0 0 1 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 3 11:30 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:45 AM 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:00 PM 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 0 1 0 0 0 0 7 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 10 NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:30 AM 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 11:45 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:00 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:15 PM 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 1 TOTAL MD 2 1 3 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 10 MDWEST SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child STROLLERS MDMale Female Child Male TOTAL EAST SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Northpark University OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Packet Pg.480 CITY OF SAN BERNARDINO Active Transportation Plan4 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:2 EAST & WEST: NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 7:00 AM 2 1 1 0 2 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 7:15 AM 0 1 0 1 1 14 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 18 7:30 AM 0 1 0 0 0 19 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 21 7:45 AM 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:00 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 2 3 1 1 3 38 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 51 04:00 PM 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:15 PM 2 0 0 0 1 1 2 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 8 4:30 PM 4 5 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11 4:45 PM 0 0 0 0 3 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5:00 PM 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:15 PM 0 0 0 0 2 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5:30 PM 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL PM 6 8 0 0 9 3 5 1 0 0 1 0 0 0 0 0 0 0 0 0 1 0 34 NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 7:00 AM 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:15 AM 0 0 0 0 0 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 7:30 AM 0 0 1 0 0 3 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 5 7:45 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 1 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 0 0 0 0 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL AM 0 0 2 1 3 8 0 0 0 0 0 1 0 0 1 1 0 0 0 0 0 0 15 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 2 2 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 5 4:30 PM 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 2 4:45 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 2 2 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 4 5:30 PM 0 0 0 1 0 0 0 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 2 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PM 2 2 4 5 0 0 0 1 0 0 0 0 0 0 2 2 0 0 0 0 0 0 14 AMPMWEST SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Little Mountain Kendall AMPMTOTAL EAST SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Packet Pg.481 5APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:2 EAST & WEST: NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 11:00 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 1 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:45 PM 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL MD 1 1 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 MDWEST SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child STROLLERS MDMale Female Child Male TOTAL EAST SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Little Mountain Kendall OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Packet Pg.482 CITY OF SAN BERNARDINO Active Transportation Plan6 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:3 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:45 AM 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:45 AM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL AM 1 3 2 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 1 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4:30 PM 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 4:45 PM 2 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 4 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 5:15 PM 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:30 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:45 PM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL PM 8 2 1 1 1 0 0 0 0 1 0 0 1 1 0 0 0 0 0 0 0 0 14 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:15 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 1 2 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 04:00 PM 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:00 PM 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:45 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL PM 0 1 1 1 0 2 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 AMPMTOTAL NORTH SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Electric 40th AMPMSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Packet Pg.483 7APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:3 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 1 1 1 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 5 11:45 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:00 PM 1 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 12:15 PM 0 0 0 0 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 2 4 1 1 1 0 2 1 0 2 0 0 0 0 0 0 0 0 0 0 0 0 14 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 1 0 1 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 TOTAL NORTH SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Electric 40th OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Child STROLLERS MDMale Female Child Male MDSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Packet Pg.484 CITY OF SAN BERNARDINO Active Transportation Plan8 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:4 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PM 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 1 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:45 AM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:30 AM 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 3 1 2 1 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 8 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:30 PM 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:45 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL PM 0 2 0 1 0 0 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 AMPMTOTAL NORTH SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Mt Vernon Highland AMPMSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Packet Pg.485 9APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:4 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL NORTH SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Mt Vernon Highland OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Child STROLLERS MDMale Female Child Male MDSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Packet Pg.486 CITY OF SAN BERNARDINO Active Transportation Plan10 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:5 EAST & WEST: NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 04:00 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:15 PM 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:30 PM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:45 PM 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PM 1 2 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 1 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:45 PM 0 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 2 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5:30 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PM 3 1 2 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 AMPMTOTAL EAST SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Mountain View 30th AMPMWEST SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Packet Pg.487 11APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:5 EAST & WEST: NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 1 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:15 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:30 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 2 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 4 NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB NB SB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL MD 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL EAST SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Mountain View 30th OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Child STROLLERS MDMale Female Child Male MDWEST SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Packet Pg.488 CITY OF SAN BERNARDINO Active Transportation Plan12 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:6 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 04:00 PM 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:45 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:00 PM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PM 0 2 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 5 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 7:15 AM 4 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 7:30 AM 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 7:45 AM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:00 AM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:15 AM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:30 AM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:45 AM 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 TOTAL AM 18 2 7 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 27 04:00 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:15 PM 1 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 4:30 PM 6 2 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 4:45 PM 1 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 1 6 5:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:15 PM 1 2 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5:30 PM 1 2 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5:45 PM 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 TOTAL PM 10 13 2 2 0 0 2 2 0 0 0 0 0 0 0 0 0 1 0 0 0 1 33 AMPMSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Del Rosa Lynwood AMPMTOTAL NORTH SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Packet Pg.489 13APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:6 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 1 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 12:15 PM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 1 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 TOTAL MD 1 2 2 0 0 0 1 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 MDSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child STROLLERS MDMale Female Child Male TOTAL NORTH SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Del Rosa Lynwood OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Packet Pg.490 CITY OF SAN BERNARDINO Active Transportation Plan14 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:7 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 7:15 AM 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 7:30 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:45 AM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:00 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL AM 2 2 1 1 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 04:00 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:15 PM 0 1 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 2 4:30 PM 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:45 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:00 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:15 PM 2 3 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 5:30 PM 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PM 4 7 0 1 0 0 1 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 16 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 2 7:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:45 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:30 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:45 AM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL AM 1 1 1 1 1 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 7 04:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:15 PM 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:30 PM 0 0 0 1 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 3 4:45 PM 1 0 1 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5:00 PM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:15 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL PM 2 1 2 2 0 2 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 11 AMPMSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Valencia Highland AMPMTOTAL NORTH SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Packet Pg.491 15APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:7 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 11:15 AM 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:30 AM 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 11:45 AM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:00 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 1 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 12:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL MD 5 6 1 0 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:30 AM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 1 1 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 12:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:30 PM 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 3 1 2 1 0 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 8 MDSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child STROLLERS MDMale Female Child Male TOTAL NORTH SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Valencia Highland OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Packet Pg.492 CITY OF SAN BERNARDINO Active Transportation Plan16 DATE:LOCATION:PROJECT #:SC3265 Thu, Feb 3, 22 NORTH & SOUTH:LOCATION #:8 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 1 0 0 0 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 7:15 AM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 2 7:30 AM 1 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 0 0 0 0 4 7:45 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 08:00 AM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:30 AM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:45 AM 0 0 2 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 2 TOTAL AM 3 5 4 0 0 0 1 4 0 0 0 0 1 0 1 0 0 1 0 0 0 0 18 04:00 PM 1 1 0 0 0 0 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 5 4:15 PM 1 1 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4:30 PM 0 3 4 0 0 0 0 2 0 0 0 0 0 0 0 0 0 1 0 0 0 0 10 4:45 PM 1 1 1 4 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 05:00 PM 2 2 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 5:15 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:30 PM 1 0 0 1 0 0 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 3 5:45 PM 1 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 TOTAL PM 8 9 9 5 1 0 1 5 0 1 0 0 1 0 0 0 0 1 0 0 0 0 40 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:45 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 08:00 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 1 0 0 2 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 8:30 AM 2 4 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8 8:45 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL AM 4 5 0 5 0 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 18 04:00 PM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:15 PM 2 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 4:30 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:45 PM 1 0 1 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 4 05:00 PM 0 0 1 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 5:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:30 PM 1 4 0 2 0 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 5:45 PM 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL PM 4 5 2 4 0 0 5 5 0 0 0 0 0 0 0 0 0 0 0 0 0 0 25 AMPMTOTAL NORTH SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Mountain View Base Line AMPMSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Packet Pg.493 17APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Feb 5, 22 NORTH & SOUTH:LOCATION #:8 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:15 AM 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:30 AM 0 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:45 AM 2 3 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 12:00 PM 2 0 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 12:15 PM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 1 0 0 1 3 3 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 10 12:45 PM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL MD 8 5 2 3 3 3 0 4 0 2 0 0 0 0 0 0 0 0 0 0 0 0 30 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 2 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 11:15 AM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:30 AM 0 1 0 1 0 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 11:45 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 0 0 0 3 0 0 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 4 12:45 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL MD 5 3 1 5 0 0 3 2 0 0 0 0 0 0 0 1 0 0 0 0 0 0 19 TOTAL NORTH SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino Mountain View Base Line OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Child STROLLERS MDMale Female Child Male MDSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Packet Pg.494 CITY OF SAN BERNARDINO Active Transportation Plan18 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:9 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:00 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:15 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 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0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:45 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL AM 3 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 04:00 PM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:15 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 4:30 PM 1 1 1 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 4:45 PM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:00 PM 3 1 1 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 5:15 PM 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 5:30 PM 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 5:45 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 2 TOTAL PM 5 5 3 3 0 0 3 1 0 0 0 0 0 0 0 0 1 0 0 0 0 0 21 AMPMSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino D 2nd AMPMTOTAL NORTH SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Packet Pg.495 19APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:9 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:15 AM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:15 PM 0 1 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL MD 0 1 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 3 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 1 2 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 4 11:15 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:30 AM 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:45 AM 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 12:00 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:15 PM 0 0 0 1 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 12:30 PM 2 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 12:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 TOTAL MD 5 4 1 5 0 0 0 1 0 0 0 0 0 1 0 1 0 0 0 0 0 0 16 MDSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Child STROLLERS MDMale Female Child Male TOTAL NORTH SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino D 2nd OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Packet Pg.496 CITY OF SAN BERNARDINO Active Transportation Plan20 DATE:LOCATION:PROJECT #:SC3265 Thu, Jan 27, 22 NORTH & SOUTH:LOCATION #:10 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 7:15 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:30 AM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 7:45 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 1 8:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 8:15 AM 1 0 0 0 0 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 8:30 AM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 8:45 AM 0 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL AM 4 3 0 0 0 0 0 1 0 0 0 0 1 1 0 0 0 0 0 0 0 0 8 04:00 PM 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4:30 PM 3 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 4:45 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5:00 PM 0 3 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 5:15 PM 0 1 0 0 1 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 3 5:30 PM 0 4 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5:45 PM 0 0 0 1 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 TOTAL PM 3 12 0 2 1 0 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 21 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 7:00 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7:15 AM 0 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 7:30 AM 2 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 7:45 AM 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:00 AM 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 8:15 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:30 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 8:45 AM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 TOTAL AM 5 4 0 2 0 0 2 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 04:00 PM 0 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 4:15 PM 2 0 0 0 0 0 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 4:30 PM 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 4:45 PM 2 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 5:00 PM 2 0 0 0 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 3 5:15 PM 3 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 5:30 PM 3 2 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 5:45 PM 3 1 2 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 7 TOTAL PM 15 7 2 5 0 0 2 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 33 AMPMTOTAL NORTH SIDE PEDS BYCICLIST Male Female Child Male Female Child WHEELCHAIR STROLLERS Male Female Female Child OTHER WHEELED DEVICE Child INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino E Rialto AMPMSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Packet Pg.497 21APPENDIX H Screenline Counts DATE:LOCATION:PROJECT #:SC3265 Sat, Jan 29, 22 NORTH & SOUTH:LOCATION #:10 EAST & WEST: EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:15 AM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:30 AM 1 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:45 AM 2 3 1 1 0 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 7 12:00 PM 0 1 0 0 0 0 1 0 0 0 0 0 0 0 0 0 1 1 0 0 0 0 4 12:15 PM 3 0 0 0 0 0 0 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 12:30 PM 0 0 1 2 0 0 0 0 0 0 0 0 1 0 1 0 0 0 0 0 0 0 3 12:45 PM 1 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 TOTAL MD 9 6 3 3 0 0 1 2 0 0 0 0 1 1 1 1 1 1 0 0 0 0 26 EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB EB WB 11:00 AM 0 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 11:15 AM 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2 11:30 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 11:45 AM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:00 PM 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 12:15 PM 1 1 1 0 0 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 6 12:30 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 12:45 PM 3 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 4 TOTAL MD 7 2 1 1 0 0 1 2 0 0 0 0 0 0 0 0 0 0 0 0 0 0 14 TOTAL NORTH SIDE INTERSECTION TURNING MOVEMENT COUNTS PREPARED BY: AimTD LLC. tel: 714 253 7888 cs@aimtd.com San Bernardino E Rialto OTHER WHEELED DEVICE ChildFemale Child Male Female PEDS BYCICLIST WHEELCHAIR Child STROLLERS MDMale Female Child Male MDSOUTH SIDE TOTALPEDS BYCICLIST WHEELCHAIR STROLLERS OTHER WHEELED DEVICE Male Female Child Male Female Child Male Female Packet Pg.498 Mayor and City Council July 20, 2022 Website: Bit.ly/SanBernardinoATP Packet Pg.499 What is Active Transportation? DEFINITION: “Active transportation” is a means of getting around that is powered by human energy, primarily walking and bicycling. Walking Biking Running Packet Pg.500 ProjectGoals City of San Bernardino Active Transportation Plan (SBATP) a more walkable and bikeable future CONNECTIVITY Improve the walkability and bikeability of San Bernardino by creating a local network of connected bicycle and pedestrian facilities. LOCAL ACCESS & MOBILITY Provide San Bernardino residents greater access to transit, jobs, goods, services, schools, and parks without the need to drive a car. SAFETY Improve the overall safety of people walking, biking, and riding public transportation in San Bernardino through infrastructure and programming strategies. HEALTH & ENVIRONMENT Prioritize strategies that will improve public health conditions and reduce the impacts of driving on the environment. Packet Pg.501 Project Schedule Packet Pg.502 Outreach & Engagement •Project logo & tagline •Project website in English & Spanish •Online mapping tool (234 comments received) •Project survey (64 responses gathered) •Community events (5) •Virtual focus area sessions (4) •Focus group interviews (3) •Technical Advisory Committee meetings (9) •Neighborhood Association Council (NAC) Presidents meeting (1) Project logo & tagline Outreach at a community event Packet Pg.503 Infrastructure Toolbox Example: Intersection & Crossing Treatments Protected IntersectionRaised Intersection Pedestrian Hybrid Beacon Traffic Diverter Traffic Circle Roundabout Packet Pg.504 Active Transportation Network The Active Transportation Network is a citywide approach that identifies roadway corridors for active transportation improvements. Packet Pg.505 BicycleNetwork The Bicycle Network identifies a network of bikeway facilities along with proposed bikeway classifications. Packet Pg.506 Project Factsheets Sample of Identified Improvements: -Curb Ramps-Sidewalks-Class I bike path-Class II bike lanes (near-term)-Class IV separated bike lanes (long-term)-Leading Pedestrian Intervals (LPI)-Neighborhood Roundabouts-Transit Stop Improvements-High Visibility Crosswalks-Rectangular Rapid Flashing Beacons (RRFB)-Mid-block Crossings-Speed Feedback Signs-Pedestrian HAWK Signal-Advance Stop Bars-Advance Yield Lines-Street Trees 1 –Little League Dr / Belmont Ave Corridor2 –Little Mountain Rd / Mt. Vernon Ave Corridor 3 –Electric Ave / Mountain View Ave Corridor 4 –Waterman Ave Corridor 5 –Highland Ave Corridor6 –Baseline St Corridor 7 –Rialto Ave / Pacific Electric Trail Corridor Packet Pg.507 Website: Bit.ly/SanBernardinoATP Packet Pg.508 Page 1 2 6 2 City of San Bernardino Request for Council Action PUBLIC HEARING Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Public Hearing on Annexation No. 17 to Community Facilities District 2019-1 (Ward 3) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; 2. Adopt Resolution No. 2022-106 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 17); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-107 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 17); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1582 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1582 for August 3, 2022. Background: On April 6, 2022, the Mayor and City Council adopted Resolution No. 2022-71, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 Packet Pg.509 Page 2 2 6 2 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for June 1, 2022, and was continued by the Mayor and City Council unitil July 20, 2022, at the request of the Property Owner, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on April 12, 2022, at 10:33 a.m. in Book 90 Page 16, Document No. 2022-0135964 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.   The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 0.43 gross acres of vacant commercial property within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including street lights within public rights-of- way and traffic signals; and 2. Maintenance of streets, including pavement management, and provide street sweeping; and 3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed area to be annexed into the CFD will be included in Tax Zone 18 and is located west of I-215 at the southeast intersection of North Rancho Avenue and West Rialto Avenue, as shown in Attachment #13. The maximum annual special tax for this development has been calculated to be $7,433 per acre for FY 2022/23. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Packet Pg.510 Page 3 2 6 2 Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted April 6, 2022. Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the introduction of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for August 3, 2022. Discussion The Resolution of Intention called for a public hearing to be held on June 1, 2022, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the Property Owner. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD. Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022-106, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-107 declaring the results of the election. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Financial Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $3,196 to be used to pay for maintenance costs within the development. Packet Pg.511 Page 4 2 6 2 On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; 2. Adopt Resolution No. 2022-106 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 17); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-107 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 17); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1582 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-23 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to the City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No. MC-1582 for August 3, 2022. Attachments Attachment 1 Resolution No. 2022-106 Resolution Calling Election Attachment 2 Exhibit A - Description of Territory Attachment 3 Exhibit B - Rate and Method of Apportionment Attachment 4 Exhibit C - Special Election Ballot Attachment 5 Resolution No. 2022-107 Resolution Declaring Election Results Attachment 6 Exhibit A - Certificate of Election Results Attachment 7 Ordinance MC-1582 Attachment 8 Exhibit A - Description of Services Attachment 9 Exhibit B - Parcel List Packet Pg.512 Page 5 2 6 2 Attachment 10 Signed Petition Attachment 11 Proof of Publication Notice of Public Hearing Attachment 12 PowerPoint Presentation Attachment 13 Project Map Ward: 3rd Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. April 6, 2022 Mayor and City Council adopted Resolution No. 2022-71, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. June 1, 2022 The Mayor and City Council continued the Public Hearing regarding CFD 2019-1, Annexation No. 17 to July 20, 2022. Packet Pg.513 Resolution No. 2022-106 Resolution 2022-106 July 20, 2022 Page 1 of 6 RESOLUTION NO. 2022-106 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 17) WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and WHEREAS, the Mayor and City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the Mayor and City Council adopted Resolution No. 2019- 179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the Mayor and City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the Mayor and City Council on April 6, 2022, duly adopted Resolution No. 2022-71 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for June 1, 2022; and WHEREAS, on June 1, 2022, the Mayor and City Council continued the public hearing until July 20,2022; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 17 Community Facilities District No. 2019-1 (Maintenance Services)" a Packet Pg.514 Resolution No. 2022-106 Resolution 2022-106 July 20, 2022 Page 2 of 6 copy of which was recorded, on April 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder; and WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the Mayor and City Council on July 20, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the July 20, 2022, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384- 5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the Mayor and City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the Mayor and City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Conformation of Finding in Resolution of Intention. The Mayor and City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. Packet Pg.515 Resolution No. 2022-106 Resolution 2022-106 July 20, 2022 Page 3 of 6 SECTION 3.Findings Regarding Protests. The Mayor and City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the Mayor and City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4.Findings Regarding Prior Proceedings. The Mayor and City Council finds and determines that all prior proceedings had and taken by the Mayor and City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California, 92401, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the Mayor and City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The Mayor and City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on July 20, 2022, and shall be conducted as follows: (a) Qualified Electors. The Mayor and City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on April 18, 2022 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be Packet Pg.516 Resolution No. 2022-106 Resolution 2022-106 July 20, 2022 Page 4 of 6 annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The Mayor and City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The Mayor and City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on July 20, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on July 20, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The Mayor and City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The Mayor and City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately. Packet Pg.517 Resolution No. 2022-106 Resolution 2022-106 July 20, 2022 Page 5 of 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.518 Resolution No. 2022-106 Resolution 2022-106 July 20, 2022 Page 6 of 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-106, adopted at a regular meeting held on the 20th day of July 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 20th day of July 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.519 EXHIBIT A   DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 17 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0142-212-18 George Pearson     Packet Pg.520 EXHIBIT B City of San Bernardino 1  Community Facilities District No. 2019‐1 (Maintenance Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or  “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July  1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity  as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth  below.  All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,  shall be taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel  Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the  applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be  calculated by the Administrator.    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs  of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether  by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof  associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with  responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or  any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees  including payment of a proportional share of salaries and benefits of any City employees and City  overhead whose duties are related to the administration and third party expenses.  Administrative  Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any  other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to  commencing and pursuing to completion any foreclosure of delinquent Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final  Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being  levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal  year in which the special tax is being levied.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County  Assessor of the County.    Packet Pg.521 City of San Bernardino 2  Community Facilities District No. 2019‐1 (Maintenance Services)   “Building Square Footage” or “BSF” means the floor area square footage reflected on the original  construction building permit issued for construction of a building of Non‐Residential Property and any  Building Square Footage subsequently added to a building of such Taxable Property after issuance of  a building permit for expansion or renovation of such building.    “Calendar Year” means the period commencing January 1 of any year and ending the following  December 31.     “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).    “City” means the City of San Bernardino.     “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA  is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in  the Calendar Year commencing in such  Fiscal  Year;  (ii)  fund  an  operating  reserve  for  the  costs   of  Services  as determined by the Administrator; less a credit for funds available to reduce the annual  Special Tax B (Contingent) levy as determined by the Administrator.    “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the  Special Tax is being levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section G.     “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line  adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)  or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual  lots for which building permits may be issued without further subdivision.      “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.    “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an  Assessor’s Parcel is assigned consistent with the land use approvals that have been received or  proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is  being levied.    “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B  (Contingent), as applicable.    “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with  Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property  within CFD No. 2019‐1.    Packet Pg.522 City of San Bernardino 3  Community Facilities District No. 2019‐1 (Maintenance Services)   “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as  determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's  Parcel of Taxable Property within CFD No. 2019‐1.    “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists  of a building or buildings comprised of attached Residential Units sharing at least one common wall  with another unit.   “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a  building permit(s) was issued for a non‐residential use.  The Administrator shall make the  determination if an Assessor’s Parcel is Non‐Residential Property.   “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s   association established to maintain certain landscaping within a Tax Zone.    “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the  actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property  with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and  (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum  Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth  in the documents adopted by the City Council at the time the CFD was formed.     “Single Family Residential Property” means any residential property other than Multi‐Family  Residential Property on an Assessor’s Parcel.  “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal  Year on each Assessor’s Parcel of Taxable Property.    “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel  of Taxable Property to fund the Special Tax A Requirement.    "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year  to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both  the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for  maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,  streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)  public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the  Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A  Requirement include funds for Bonds.  Packet Pg.523 City of San Bernardino 4  Community Facilities District No. 2019‐1 (Maintenance Services)   “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on  each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if  required.    "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may  be levied pursuant to this Rate and Method of Apportionment of Special Tax.  Appendix C identifies  the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is  annexed into the CFD.    "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.    "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a  Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for  subdivision.    “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed  Property or Approved Property.    B. ASSIGNMENT TO LAND USE CATEGORIES  For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified  as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy  of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed  Property and Approved Property shall be classified as either Residential Property or Non‐Residential  Property.  Residential Property shall be further classified as Single Family Residential Property or  Multi‐Family Residential Property and the number of Residential Units shall be determined by the  Administrator.    C. MAXIMUM SPECIAL TAX RATES  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Residential Property, all such Assessor’s  Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon  as specified in or shown on the building permit(s) issued or Final Map as determined by the  Administrator.  For Parcels of undeveloped property zoned for development of single family attached  or multi‐family units, the number of Residential Units shall be determined by referencing the  condominium plan, apartment plan, site plan or other development plan, or by assigning the  maximum allowable units permitted based on the underlying zoning for the Parcel.  Once a single  family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the  Administrator shall determine the actual number of Residential Units contained within the building  or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated  by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential  Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s  Packet Pg.524 City of San Bernardino 5  Community Facilities District No. 2019‐1 (Maintenance Services)   Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map  as determined by the Administrator.  Once the Administrator determines the actual number of  Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the  Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building  Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone  below or as included in Appendix A as each Annexation occurs.  1.  Special Tax A  a. Developed Property  (i) Maximum Special Tax A   The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1,  the rate and method adopted for the annexed property shall reflect the Maximum Special Tax  A for the Tax Zones annexed and included in Appendix A.  The Maximum Special Tax A for  Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:  TABLE 1  MAXIMUM SPECIAL TAX A RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential Property RU $961    (ii) Increase in the Maximum Special Tax A   On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)  for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the  preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel  shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category  located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land  use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based  on the amount of Acreage designated for each land use as determined by reference to the  site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of  property shall be final.    b.  Approved Property  The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to  each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate  and method adopted for the annexed property shall reflect the Maximum Special Tax A for the  Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property  Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:  Packet Pg.525 City of San Bernardino 6  Community Facilities District No. 2019‐1 (Maintenance Services)   TABLE 2  MAXIMUM SPECIAL TAX A RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential RU $961    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the  rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for  the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped  Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:  TABLE 3  MAXIMUM SPECIAL TAX A RATES  UNDEVELOPED PROPERTY    Tax Zone Tracts Taxable Unit Maximum Special Tax A  1 TR 17170 Acre $4,338    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    2. Special Tax B (Contingent)  The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation  to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by  the Administrator, in each of the following circumstances:    (a) The POA files for bankruptcy;  (b) The POA is dissolved;  (c) The POA ceases to levy annual assessments for the Contingent Services; or  (d) The POA fails to provide the Contingent Services at the same level as the City provides similar  services and maintains similar improvements throughout the City and within ninety (90) days  after written notice from the City, or such longer period permitted by the City Manager, fails  to remedy the deficiency to the reasonable satisfaction of the City Council.    a. Developed Property     (i) Maximum Special Tax B (Contingent)  Packet Pg.526 City of San Bernardino 7  Community Facilities District No. 2019‐1 (Maintenance Services)    The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is  shown in Table 4 and shall be specific to each Tax Zone within the CFD.  When additional  property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed  property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed  and included in Appendix A.  The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20  within Tax Zone 1 is identified in Table 4 below:  TABLE 4  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    (ii) Increase in the Maximum Special Tax B (Contingent)   On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for  Developed Property shall increase by i) the percentage increase in the Consumer Price Index  (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of  the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax B (Contingent) that can be levied on an  Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be  levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel  that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated  to each type of property based on the amount of Acreage designated for each land use as  determined by reference to the site plan approved for such Assessor's Parcel.  The  Administrator's allocation to each type of property shall be final.    b.  Approved Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 5 below:  TABLE 5  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for  Packet Pg.527 City of San Bernardino 8  Community Facilities District No. 2019‐1 (Maintenance Services)   Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding  Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 6 below:  TABLE 6  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  UNDEVELOPED PROPERTY    Tax Zone  Tracts Taxable Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Acre $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los  Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,  or ii) by two percent (2.0%), whichever is greater.    D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX  1.  Special Tax A  Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine  the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable  Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each  Tax Zone.  The Special Tax A shall be levied for each Fiscal Year as follows:    First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed  Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special  Tax A Requirement for such Tax Zone;    Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first step has been completed, the Special Tax A shall be levied Proportionately on each  Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for  Approved Property;    Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all  Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special  Tax A for Undeveloped Property.  2.  Special Tax B (Contingent)  Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for  each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)  Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of  Packet Pg.528 City of San Bernardino 9  Community Facilities District No. 2019‐1 (Maintenance Services)   Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals  the Special Tax B ( Contingent) Requirement for such Tax Zone.  The Special Tax B (Contingent) Shall  be levied for each Fiscal Year as follows:    First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed  Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy  the Contingent Special Tax B Requirement;    Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after  the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on  each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B  (Contingent) for Approved Property;    Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after  the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately  on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum  Special Tax B (Contingent) for Undeveloped Property.      E. FUTURE ANNEXATIONS  It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time.  As  each annexation is proposed, an analysis will be prepared to determine the annual cost for providing  Services.  Based on this analysis, the property to be annexed, pursuant to California Government Code  section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone  when annexed and included in Appendix A.    F. DURATION OF SPECIAL TAX   For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.  For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services  are being provided.    G. EXEMPTIONS    The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are  owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;  (ii) with public or utility easements making impractical their utilization for other than the purposes set  forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for  public uses; or (iv) which is in use in the performance of a public function as determined by the  Administrator.     H. APPEALS   Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  A representative(s) of CFD No. 2019‐1 shall promptly  review the appeal, and if necessary, meet with the property owner, consider written and oral evidence  regarding the amount of the Special Tax, and rule on the appeal.  If the representative’s decision  requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property  owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that  Assessor’s Parcel in the subsequent Fiscal Year(s).    Packet Pg.529 City of San Bernardino 10  Community Facilities District No. 2019‐1 (Maintenance Services)      I. MANNER OF COLLECTION   The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem  property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time  or in a different manner if necessary to meet its financial obligations.     Packet Pg.530 City of San Bernardino 11  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)                  COST ESTIMATE  Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance  services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for  Community Facilities District No. 2019‐1.  TAX ZONE 18  CUP 20‐07    Item Description Estimated Cost  1 Lighting $200  2 Streets $1,918  3 Drainage $259  4 Reserves $69  5 Admin $750  Total  $3,196    Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax  B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may  have Special Tax B Contingent Services being provided.      TAX ZONE 18  FY 2022‐23 MAXIMUM SPECIAL TAX RATES  DEVELOPED PROPERTY AND APPROVED PROPERTY     Land Use   Category  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Non‐Residential Property Acre $7,433 $0    TAX ZONE 18  FY 2022‐23 MAXIMUM SPECIAL TAX RATES   UNDEVELOPED PROPERTY    Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Acre $7,433 $0          Packet Pg.531 City of San Bernardino 12  Community Facilities District No. 2019‐1 (Maintenance Services)   TAX ZONE SUMMARY      Annexation  Tax  Zone  Tract  APN  Fiscal  Year  Maximum  Special Tax A  Maximum  Special Tax B    Subdivider  Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.  1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.  2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC  3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC  4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC  5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC  6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center  LLC  7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC  8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC  9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC  10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC  11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP  12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings  13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.   14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust  15 16 To Be Determined  16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP  17 18 CUP 20‐07 2022‐23 $7,433 / Acre  $0 / Acre George A. Pearson      ESCALATION OF MAXIMUM SPECIAL TAXES  On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the  percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange  County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent  (2.0%), whichever is greater.  Packet Pg.532 City of San Bernardino 13  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)           DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by  Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing  and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,  public landscaping, public open spaces and other similar landscaped areas officially dedicated for public  use. These services including the following:  (a)    maintenance and lighting of parks, parkways, streets, roads and open space, which  maintenance and lighting services may include, without limitation, furnishing of electrical power to street  lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and  standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or  adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;  maintenance of public signage; graffiti removal from and maintenance and repair of public structures  situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or  recreation program equipment or facilities situated on any park; and    (b)  maintenance and operation of water quality improvements which include storm drainage  and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration  basins, flood control channels, fossil fuel filters, and similar facilities.  Maintenance services may include  but is not limited to the repair, removal or replacement of all or part of any of the water quality  improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum  hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and  outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,  servicing; or both of the water quality basin improvements within flood control channel improvements;  and    (c)  public street sweeping, on the segments of the arterials within the boundaries of CFD No.  2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any  portions adjacent to the properties within CFD No. 2019‐1; and    In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of  Apportionment.   The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the  benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time  to time by anticipated annexations, and said services may be financed by proceeds of the special tax of  CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.  2019‐1 before CFD No. 2019‐1 was created.                Packet Pg.533 City of San Bernardino 14  Community Facilities District No. 2019‐1 (Maintenance Services)     APPENDIX C    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES    Packet Pg.534 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;535 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;536 EXHIBIT C CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 17 (July 20, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Number of Acres Owned Total Votes Name of Landowner George Pearson 0.43 1 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 6, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on July 20, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 20, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.537   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): George Pearson 16868 A Lane Huntington Beach, CA 92647 0142-212-18 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on April 6, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 17 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        George Pearson Owner Signature Print Name Title   Packet Pg.538 Resolution No. 2022-107 Resolution 2022-107 July 20, 2022 Page 1 of 3 RESOLUTION NO. 2022-107 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 17) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a resolution calling a special election for July 20, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated July 20, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3.Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Packet Pg.539 Resolution No. 2022-107 Resolution 2022-107 July 20, 2022 Page 2 of 3 Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-71 adopted by the Mayor and City Council on April 6, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 17 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on April 12, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 16, in the office of the San Bernardino County Recorder. SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.540 Resolution No. 2022-107 Resolution 2022-107 July 20, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-107, adopted at a regular meeting held on the 20th day of July 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this 20th day of July 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.541 EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 17 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated April 18, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed. Landowner Qualified Landowner Votes Votes Cast YES NO George A. Pearson 1 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2022. Genoveva Rocha, CMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) Packet Pg.542 Ordinance No. MC-1582 1 4 1 ORDINANCE NO. MC-1582 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 1, 2022, at the time and place specified in said published and mailed notice, the City Council opened a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, Packet Pg.543 Ordinance No. MC-1582 1 4 1 authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022. John Valdivia, Mayor Packet Pg.544 Ordinance No. MC-1582 1 4 1 City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.545 Ordinance No. MC-1582 1 4 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1582, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 20th day of July 2022. Ordinance No. MC-1582 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.546 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Pg.547 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23 (Effective as of July 20, 2022) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46 1 17329, LLC 0348-111-52, 0261-031-10, -11, and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-01 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, -12, -34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-02 (Por.), -07 (Por.), -08(Por.), -09 (Por.), -20 (Por.), -24, -25, -33 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 To Be Determined 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 To Be Determined 22 To Be Determined 23 Vone SB, LLC 0272-161-17 and -18 Packet Pg.548 EXHIBIT E&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;549 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;550 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;551 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;552 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;553 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of Calif ornia ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3585686 PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRGSB - NOTICE OF HEARING-SB Notice of Public Hearing for CFD 2019-1 Annex 17 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 05/18/2022 05/18/2022 SAN BERNARDINO !A000006022915! Email NOTI CE OF PUB LIC HEARI NG ON I NTENTIO N TO ANNEX TERRITORY TO AN EXISTI NG COMMUNITY FA CILITIES DISTRI CT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.17) NOTICE I S HEREBY GIV EN that the City Council of the City of San Bernardino on April 6,2022 adopted its Resolution No.2022-71,in which it declared its intention to annex territory to existing Community Facilities District No.2019-1 (Maintenance Services)(the "CFD No.2019-1"),and to levy a special tax to pay for certain maintenance services,all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5,Part 1,Division 2,Title 5 of the California Government Code.The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax.No change in the tax levied in the existing CFD No.2019-1 is proposed. NOTICE IS HEREB Y FURT HER GIVEN that the City Council has fixed 7:00 p.m.,or as soon thereafter as practicable,Wednesday,June 1, 2022 at the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No.2019-1.At the hearing,the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard.If and to the extent participation in the June 1,2022 meeting must occur by teleconference,videoconference,or other electronic means authorized by the Ralph M.Brown Act or an Executive Order of the Governor of California,the means and methods for participating the meeting shall be posted on the Agenda for said meeting,which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org),and outside of the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,92418.A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002. DATED:May 10,2022 Genoveva Rocha City Clerk of the City of San Bernardino PUB:May 18,2022 Packet Pg.554 Public Hearing CFD No. 2019-1 Annexation No. 17: CUP 20-07 (G&M Oil Facility #18) Presented by Alex Qishta, City Engineer Packet Pg.555 Public Hearing on CFD 2019-1 Annexation No. 17 Recommended Action 1. C ITY C OUNCIL INITIATE ANNEXATION OF TERRITORY TO C ITY OF S AN B ERNARDINO C OMMUNITY F ACILITIES D ISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS: A. HOLD PUBLIC HEARING, B. ADOPT A RESOLUTION CALLING THE ELECTION, C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND 2. U PON APPROVAL OF THE PRECEDING RESOLUTIONS, I NTRODUCE AN O RDINANCE AMENDING O RDINANCE N O. MC -1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD N O. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE); AND 3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR AUGUST 3, 2022. Packet Pg.556 Public Hearing on CFD 2019-1 Annexation No. 17 Discussion •The Property Owner, George A. Pearson, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. •The area proposed within Annexation No. 17 includes one parcel APN 0142-212-18. •On April 6, 2022 the City Council adopted Resolution No. 2022-71, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 1, 2022. The Mayor and City Council continued the Public Hearing to July 20, 2022, at the request of the Property Owner. The property owner consented to waiving certain time restriction and conduct the election the same night. Packet Pg.557 Public Hearing on CFD 2019-1 Annexation No. 17 Discussion (Cont.) •The proposed maximum annual tax of $7,433 per acre will be included in CFD No. 2019-1 as Tax Zone 18. •The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Packet Pg.558 Public Hearing on CFD 2019-1 Annexation No. 17 Discussion (Cont.) •The services, which may be funded with proceeds of the special tax include: •All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds. Packet Pg.559 Project Location Packet Pg.560 Public Hearing on CFD 2019-1 Annexation No. 17 Fiscal Impact •It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $3,196. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund. Packet Pg.561 Questions? Packet Pg.562 PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 18   &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;563 Page 1 2 6 3 City of San Bernardino Request for Council Action PUBLIC HEARING Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Public Hearing on Annexation No. 20 to Community Facilities District 2019-1 (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022-116 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 20); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-117 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 20); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1586 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No MC-1586 for August 3, 2022. Background On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-84, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the Packet Pg.564 Page 2 2 6 3 provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for June 15, 2022 on the proposed annexation of the said territory into the community facilities district. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. As required by the Resolution of Intention, a boundary map was recorded on May 10, 2022, at 10:39 a.m. in Book 90 Page 29, Document No. 2022-0174217 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.   The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 0.53 gross acres of a vacant commercial lot within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1. Public lighting and appurtenant facilities, including street lights within public rights-of- way and traffic signals; and 2. Maintenance of streets, including pavement management, and provide street sweeping; and 3. Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 4. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds The proposed area to be annexed into the CFD will be included in Tax Zone 21 and is located east of I-215 at the northwest intersection of W Highland Ave and N Sierra Way, as shown in Attachment #13. The maximum annual special tax for this development has been calculated to be $6,397 per acre for FY 2022/23. The maximum annual tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of Packet Pg.565 Page 3 2 6 3 apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted May 4, 2022. Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for August 3, 2022. Discussion The Resolution of Intention called for a public hearing to be held on June 15, 2022 on the issue of the annexation of territory into CFD No. 2019-1. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.   Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022-116, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-117 declaring the results of the election. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $2,942 to be used to pay for maintenance costs within the development. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to Packet Pg.566 Page 4 2 6 3 buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022-116 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 20); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-117 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 20); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1586 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No MC-1586 for August 3, 2022. Attachments: Attachment 1 Resolution No. 2022-___- Resolution Calling Election Attachment 2 Exhibit A: Description of Territory Attachment 3 Exhibit B: Rate and Method of Apportionment Attachment 4 Exhibit C: Special Election Ballot Attachment 5 Resolution No. 2022-___- Resolution Declaring Election Results Attachment 6 Exhibit A: Certificate of Election Results Attachment 7 Ordinance MC - 1586 Attachment 8 Exhibit A: Description of Services Attachment 9 Exhibit B: Parcel List Attachment 10 Signed Petition & Waiver Attachment 11 Proof of Publication Notice of Public Hearing Attachment 12 PowerPoint Presentation Attachment 13 Project Map Packet Pg.567 Page 5 2 6 3 Ward: 7 Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. May 4, 2022 Mayor and City Council adopted Resolution No. 2022-84, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. June 15, 2022 The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. Packet Pg.568 Resolution No. 2022-116 Resolution 2022-116 July 20, 2022 Page 1 of 6 RESOLUTION NO. 2022-116 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 20) WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit “B” of the Resolution of Intention; and WHEREAS, the City Council set a public hearing for July 17, 2019, after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on May 4, 2022, duly adopted Resolution No. 2022-84 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for June 15, 2022; and WHEREAS, on June 15, 2022, the Mayor and City Council continued the public hearing until July 20, 2022, at the request of the Property Owner; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 20 Community Facilities District No. 2019-1 (Maintenance Services)" a Packet Pg.569 Resolution No. 2022-116 Resolution 2022-116 July 20, 2022 Page 2 of 6 copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 29, in the office of the San Bernardino County Recorder; and WHEREAS, pursuant to the Act, the Resolution of Intention, and the continuance, a noticed public hearing was convened by the City Council on July 20, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the July 20, 2022, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384- 5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit “A” hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. Packet Pg.570 Resolution No. 2022-116 Resolution 2022-116 July 20, 2022 Page 3 of 6 SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit “B” hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92401, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on July 20, 2022, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on April 27, 2022 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have Packet Pg.571 Resolution No. 2022-116 Resolution 2022-116 July 20, 2022 Page 4 of 6 one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit “C”. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on July 20, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on July 20, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately. Packet Pg.572 Resolution No. 2022-116 Resolution 2022-116 July 20, 2022 Page 5 of 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.573 Resolution No. 2022-116 Resolution 2022-116 July 20, 2022 Page 6 of 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-116, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.574 EXHIBIT A   DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 20 is currently comprised of one parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0150-221-78 108 Highlands LP     Packet Pg.575 EXHIBIT B City of San Bernardino 1  Community Facilities District No. 2019‐1 (Maintenance Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or  “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July  1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity  as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth  below.  All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,  shall be taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel  Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the  applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be  calculated by the Administrator.    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs  of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether  by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof  associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with  responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or  any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees  including payment of a proportional share of salaries and benefits of any City employees and City  overhead whose duties are related to the administration and third party expenses.  Administrative  Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any  other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to  commencing and pursuing to completion any foreclosure of delinquent Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final  Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being  levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal  year in which the special tax is being levied.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County  Assessor of the County.    Packet Pg.576 City of San Bernardino 2  Community Facilities District No. 2019‐1 (Maintenance Services)   “Building Square Footage” or “BSF” means the floor area square footage reflected on the original  construction building permit issued for construction of a building of Non‐Residential Property and any  Building Square Footage subsequently added to a building of such Taxable Property after issuance of  a building permit for expansion or renovation of such building.    “Calendar Year” means the period commencing January 1 of any year and ending the following  December 31.     “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).    “City” means the City of San Bernardino.     “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA  is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in  the Calendar Year commencing in such  Fiscal  Year;  (ii)  fund  an  operating  reserve  for  the  costs   of  Services  as determined by the Administrator; less a credit for funds available to reduce the annual  Special Tax B (Contingent) levy as determined by the Administrator.    “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the  Special Tax is being levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section G.     “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line  adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)  or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual  lots for which building permits may be issued without further subdivision.      “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.    “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an  Assessor’s Parcel is assigned consistent with the land use approvals that have been received or  proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is  being levied.    “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B  (Contingent), as applicable.    “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with  Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property  within CFD No. 2019‐1.    Packet Pg.577 City of San Bernardino 3  Community Facilities District No. 2019‐1 (Maintenance Services)   “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as  determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's  Parcel of Taxable Property within CFD No. 2019‐1.    “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists  of a building or buildings comprised of attached Residential Units sharing at least one common wall  with another unit.   “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a  building permit(s) was issued for a non‐residential use.  The Administrator shall make the  determination if an Assessor’s Parcel is Non‐Residential Property.   “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s   association established to maintain certain landscaping within a Tax Zone.    “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the  actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property  with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and  (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum  Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth  in the documents adopted by the City Council at the time the CFD was formed.     “Single Family Residential Property” means any residential property other than Multi‐Family  Residential Property on an Assessor’s Parcel.  “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal  Year on each Assessor’s Parcel of Taxable Property.    “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel  of Taxable Property to fund the Special Tax A Requirement.    "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year  to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both  the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for  maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,  streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)  public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the  Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A  Requirement include funds for Bonds.  Packet Pg.578 City of San Bernardino 4  Community Facilities District No. 2019‐1 (Maintenance Services)   “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on  each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if  required.    "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may  be levied pursuant to this Rate and Method of Apportionment of Special Tax.  Appendix C identifies  the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is  annexed into the CFD.    "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.    "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a  Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for  subdivision.    “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed  Property or Approved Property.    B. ASSIGNMENT TO LAND USE CATEGORIES  For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified  as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy  of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed  Property and Approved Property shall be classified as either Residential Property or Non‐Residential  Property.  Residential Property shall be further classified as Single Family Residential Property or  Multi‐Family Residential Property and the number of Residential Units shall be determined by the  Administrator.    C. MAXIMUM SPECIAL TAX RATES  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Residential Property, all such Assessor’s  Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon  as specified in or shown on the building permit(s) issued or Final Map as determined by the  Administrator.  For Parcels of undeveloped property zoned for development of single family attached  or multi‐family units, the number of Residential Units shall be determined by referencing the  condominium plan, apartment plan, site plan or other development plan, or by assigning the  maximum allowable units permitted based on the underlying zoning for the Parcel.  Once a single  family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the  Administrator shall determine the actual number of Residential Units contained within the building  or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated  by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential  Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s  Packet Pg.579 City of San Bernardino 5  Community Facilities District No. 2019‐1 (Maintenance Services)   Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map  as determined by the Administrator.  Once the Administrator determines the actual number of  Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the  Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building  Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone  below or as included in Appendix A as each Annexation occurs.  1.  Special Tax A  a. Developed Property  (i) Maximum Special Tax A   The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1,  the rate and method adopted for the annexed property shall reflect the Maximum Special Tax  A for the Tax Zones annexed and included in Appendix A.  The Maximum Special Tax A for  Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:  TABLE 1  MAXIMUM SPECIAL TAX A RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential Property RU $961    (ii) Increase in the Maximum Special Tax A   On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)  for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the  preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel  shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category  located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land  use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based  on the amount of Acreage designated for each land use as determined by reference to the  site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of  property shall be final.    b.  Approved Property  The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to  each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate  and method adopted for the annexed property shall reflect the Maximum Special Tax A for the  Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property  Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:  Packet Pg.580 City of San Bernardino 6  Community Facilities District No. 2019‐1 (Maintenance Services)   TABLE 2  MAXIMUM SPECIAL TAX A RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential RU $961    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the  rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for  the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped  Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:  TABLE 3  MAXIMUM SPECIAL TAX A RATES  UNDEVELOPED PROPERTY    Tax Zone Tracts Taxable Unit Maximum Special Tax A  1 TR 17170 Acre $4,338    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    2. Special Tax B (Contingent)  The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation  to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by  the Administrator, in each of the following circumstances:    (a) The POA files for bankruptcy;  (b) The POA is dissolved;  (c) The POA ceases to levy annual assessments for the Contingent Services; or  (d) The POA fails to provide the Contingent Services at the same level as the City provides similar  services and maintains similar improvements throughout the City and within ninety (90) days  after written notice from the City, or such longer period permitted by the City Manager, fails  to remedy the deficiency to the reasonable satisfaction of the City Council.    a. Developed Property     (i) Maximum Special Tax B (Contingent)  Packet Pg.581 City of San Bernardino 7  Community Facilities District No. 2019‐1 (Maintenance Services)    The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is  shown in Table 4 and shall be specific to each Tax Zone within the CFD.  When additional  property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed  property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed  and included in Appendix A.  The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20  within Tax Zone 1 is identified in Table 4 below:  TABLE 4  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    (ii) Increase in the Maximum Special Tax B (Contingent)   On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for  Developed Property shall increase by i) the percentage increase in the Consumer Price Index  (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of  the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax B (Contingent) that can be levied on an  Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be  levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel  that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated  to each type of property based on the amount of Acreage designated for each land use as  determined by reference to the site plan approved for such Assessor's Parcel.  The  Administrator's allocation to each type of property shall be final.    b.  Approved Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 5 below:  TABLE 5  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for  Packet Pg.582 City of San Bernardino 8  Community Facilities District No. 2019‐1 (Maintenance Services)   Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding  Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 6 below:  TABLE 6  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  UNDEVELOPED PROPERTY    Tax Zone  Tracts Taxable Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Acre $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los  Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,  or ii) by two percent (2.0%), whichever is greater.    D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX  1.  Special Tax A  Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine  the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable  Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each  Tax Zone.  The Special Tax A shall be levied for each Fiscal Year as follows:    First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed  Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special  Tax A Requirement for such Tax Zone;    Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first step has been completed, the Special Tax A shall be levied Proportionately on each  Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for  Approved Property;    Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all  Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special  Tax A for Undeveloped Property.  2.  Special Tax B (Contingent)  Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for  each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)  Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of  Packet Pg.583 City of San Bernardino 9  Community Facilities District No. 2019‐1 (Maintenance Services)   Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals  the Special Tax B ( Contingent) Requirement for such Tax Zone.  The Special Tax B (Contingent) Shall  be levied for each Fiscal Year as follows:    First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed  Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy  the Contingent Special Tax B Requirement;    Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after  the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on  each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B  (Contingent) for Approved Property;    Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after  the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately  on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum  Special Tax B (Contingent) for Undeveloped Property.      E. FUTURE ANNEXATIONS  It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time.  As  each annexation is proposed, an analysis will be prepared to determine the annual cost for providing  Services.  Based on this analysis, the property to be annexed, pursuant to California Government Code  section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone  when annexed and included in Appendix A.    F. DURATION OF SPECIAL TAX   For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.  For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services  are being provided.    G. EXEMPTIONS    The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are  owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;  (ii) with public or utility easements making impractical their utilization for other than the purposes set  forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for  public uses; or (iv) which is in use in the performance of a public function as determined by the  Administrator.     H. APPEALS   Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  A representative(s) of CFD No. 2019‐1 shall promptly  review the appeal, and if necessary, meet with the property owner, consider written and oral evidence  regarding the amount of the Special Tax, and rule on the appeal.  If the representative’s decision  requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property  owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that  Assessor’s Parcel in the subsequent Fiscal Year(s).    Packet Pg.584 City of San Bernardino 10  Community Facilities District No. 2019‐1 (Maintenance Services)      I. MANNER OF COLLECTION   The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem  property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time  or in a different manner if necessary to meet its financial obligations.     Packet Pg.585 City of San Bernardino 11  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)                  COST ESTIMATE  Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance  services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for  Community Facilities District No. 2019‐1.  TAX ZONE 21  LM 22‐04    Item Description Estimated Cost  1 Lighting $100  2 Streets $1,503  3 Drainage $282  4 Reserves $57  5 Admin $1,000  Total  $2,942    Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax  B (Contingent) for Community Facilities District No. 2019‐1. However, additional Tax Zones may  have Special Tax B Contingent Services being provided.      TAX ZONE 21  FY 2022‐23 MAXIMUM SPECIAL TAX RATES  DEVELOPED PROPERTY AND APPROVED PROPERTY     Land Use   Category  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Non‐Residential Property Acre $6,397 $0    TAX ZONE 21  FY 2022‐23 MAXIMUM SPECIAL TAX RATES   UNDEVELOPED PROPERTY    Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Acre $6,397 $0            Packet Pg.586 City of San Bernardino 12  Community Facilities District No. 2019‐1 (Maintenance Services)   TAX ZONE SUMMARY      Annexation  Tax  Zone  Tract  APN  Fiscal  Year  Maximum  Special Tax A  Maximum  Special Tax B    Subdivider  Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.  1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.  2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC  3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC  4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC  5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC  6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center  LLC  7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC  8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC  9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC  10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC  11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP  12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings  13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.   14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust  15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC  16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP  17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson  18 To Be Determined  19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC  20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP  21 To Be Determined  22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC  23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC      ESCALATION OF MAXIMUM SPECIAL TAXES  On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the  percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange  County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent  (2.0%), whichever is greater.  Packet Pg.587 City of San Bernardino 13  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)           DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by  Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing  and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,  public landscaping, public open spaces and other similar landscaped areas officially dedicated for public  use. These services including the following:  (a)    maintenance and lighting of parks, parkways, streets, roads and open space, which  maintenance and lighting services may include, without limitation, furnishing of electrical power to street  lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and  standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or  adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;  maintenance of public signage; graffiti removal from and maintenance and repair of public structures  situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or  recreation program equipment or facilities situated on any park; and    (b)  maintenance and operation of water quality improvements which include storm drainage  and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration  basins, flood control channels, fossil fuel filters, and similar facilities.  Maintenance services may include  but is not limited to the repair, removal or replacement of all or part of any of the water quality  improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum  hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and  outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,  servicing; or both of the water quality basin improvements within flood control channel improvements;  and    (c)  public street sweeping, on the segments of the arterials within the boundaries of CFD No.  2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any  portions adjacent to the properties within CFD No. 2019‐1; and    In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of  Apportionment.   The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the  benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time  to time by anticipated annexations, and said services may be financed by proceeds of the special tax of  CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.  2019‐1 before CFD No. 2019‐1 was created.                Packet Pg.588 City of San Bernardino 14  Community Facilities District No. 2019‐1 (Maintenance Services)     APPENDIX C    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES    Packet Pg.589 EXHIBIT C CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 20 (July 20, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes 108 Highland, LP 0.53 1 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 6, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on July 20, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 20, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.590   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): 108 Highland LP Attn: Stanley Huang 425 S. San Gabriel Blvd., #800 San Gabriel, CA 91776 0150-221-78 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 20 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        Stanley Huang Managing Member Signature Print Name Title   Packet Pg.591 Resolution No. 2022-117 Resolution 2022-117 July 20, 2022 Page 1 of 3 RESOLUTION NO. 2022-117 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ELECTION RESULTS FOR COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 20) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a resolution calling a special election for July 20, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit “A”, dated July 20, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3.Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Packet Pg.592 Resolution No. 2022-117 Resolution 2022-117 July 20, 2022 Page 2 of 3 Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-84 adopted by the Mayor and City Council on May 4, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 20 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 29, in the office of the San Bernardino County Recorder. SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.593 Resolution No. 2022-117 Resolution 2022-117 July 20, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-117, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.594 EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 20 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, date April 27, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed. Landowner Qualified Landowner Votes Votes Cast YES NO 108 Highland, LP 1 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2022. Genoveva Rocha, CMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) Packet Pg.595 Ordinance No. MC-1586 1 1 5 6 ORDINANCE NO. MC-1586 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 15, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, the Mayor and City Council continued the public hearing until July 20,2022, at the request of the Property Owner; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Packet Pg.596 Ordinance No. MC-1586 2 1 5 6 Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022. Packet Pg.597 Ordinance No. MC-1586 3 1 5 6 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.598 Ordinance No. MC-1586 4 1 5 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1586, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 20th day of July 2022. Ordinance No. MC-1586 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.599 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Pg.600 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23 (Effective as of July 20, 2022) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46 1 17329, LLC 0348-111-52, 0261-031-10, -11, and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-01 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, -12, -34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-02 (Por.), -07 (Por.), -08(Por.), -09 (Por.), -20 (Por.), -24, -25, -33 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 To Be Determined 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 To Be Determined 22 To Be Determined 23 Vone SB, LLC 0272-161-17 and -18 Packet Pg.601 PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the Packet Pg.602 City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. IN WITNESS WHEREOF, I hereunto set my hand this ____ day of __________, 20___. [NAME OF LANDOWNER] By: _____________________________________ Name: Title: OWNER'S PROPERTY: TRACT MAP OR PARCEL MAP NO. or PROJECT NO. OWNER'S MAILING ADDRESS: __________________________________________ __________________________________________ __________________________________________ FILED IN THE OFFICE OF THE CITY CLERK OF THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO THIS ____ DAY OF __________, 20___. _____________________________________ City Clerk of the City Council of the City of San Bernardino Packet Pg.603 Acknowledgment Regarding Property to be Included into Community Facilities District No. _____ The developer/property owner of (Tract No. / Assessor’s Parcel No.) ______________________ hereby acknowledges that: If the landscaping, drainage, lighting and eligible public improvements within the Community Facilities District No. _____ the maintenance areas of (Assessor’s Parcel Nos.) __________________________, which is to be included in the Community Facilities District No. ______ of the City of San Bernardino are completed prior to the levy and collection of special taxes upon property within said tract for the maintenance of such landscape and improvements, the developer/property owner will continue to be responsible for and will maintain the landscaping, drainage, lighting, and eligible public improvements within such maintenance areas at its sole expense, and the City will not assume responsibility for the maintenance of such landscaping, drainage, lighting and eligible public improvements until such time as the City is able to collect such special taxes to pay the costs of the maintenance of such landscaping, drainage, lighting, and eligible public improvements. DATED: OWNER(S): ___________________ _________________________________ (Print Name) _________________________________ (Signature) _________________________________ (Title) _________________________________ (Print Name) _________________________________ (Signature) _________________________________ (Title) Packet Pg.604 Packet Pg.605 HIGHLAND AVENUE SIERRA WAYPacket Pg.606 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3590236 COURTNEY BOWEN CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRGSB - NOTICE OF HEARING-SB ANNEXATION NO. 20 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 05/31/2022 05/31/2022 SAN BERNARDINO !A000006032737! Email NNOTI CE OF PUB LIC HEARI NG OON I NTENTIO N TO ANNEX TERRITORY TO AN EXISTI NG COMMUNITY FA CILITIES DISTRI CT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.20) NOTICE I S HEREBY GIV EN that the City Council of the City of San Bernardino on May 4, 2022 adopted its Resolution No. 2022-84, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREB Y FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, June 15, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 15, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002. DATED: May 24, 2022 Genoveva Rocha City Clerk of the City of San Bernardino 5/31/22 Packet Pg.607 SSBS--33590236# Packet Pg.608 Public Hearing CFD No. 2019-1 Annexation No. 20: LM 22-04 (108 Highland, LP) Presented by Alex Qishta, City Engineer Packet Pg.609 Public Hearing on CFD 2019-1 Annexation No. 20 Recommended Action 1. C ITY C OUNCIL INITIATE ANNEXATION OF TERRITORY TO C ITY OF S AN B ERNARDINO C OMMUNITY F ACILITIES D ISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS: A. HOLD PUBLIC HEARING, B. ADOPT A RESOLUTION CALLING THE ELECTION, C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND 2. U PON APPROVAL OF THE PRECEDING RESOLUTIONS, I NTRODUCE AN O RDINANCE AMENDING O RDINANCE N O. MC -1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD N O. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE); AND 3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR AUGUST 3, 2022. Packet Pg.610 Public Hearing on CFD 2019-1 Annexation No. 20 Discussion •The Property Owner, 108 Highland, LP, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. •The area proposed within Annexation No. 20 includes one parcel APN 0150-221-78. •On May 4, 2022 the City Council adopted Resolution No. 2022-84, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 15, 2022. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. The property owner consented to waiving certain time restriction and conduct the election the same night. Packet Pg.611 Public Hearing on CFD 2019-1 Annexation No. 20 Discussion (Cont.) •The proposed maximum annual tax of $6,397 per acre will be included in CFD No. 2019-1 as Tax Zone 21. •The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Packet Pg.612 Public Hearing on CFD 2019-1 Annexation No. 20 Discussion (Cont.) •The services, which may be funded with proceeds of the special tax include: •All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds. Packet Pg.613 Project Location Packet Pg.614 Public Hearing on CFD 2019-1 Annexation No. 20 Fiscal Impact •It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $2,942. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund. Packet Pg.615 Questions? Packet Pg.616 PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 21   &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;617 Page 1 2 6 4 City of San Bernardino Request for Council Action PUBLIC HEARING Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager By: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Public Hearing on Annexation No. 23 to Community Facilities District 2019-1 (Ward 7) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Hold a Public Hearing; 2. Adopt Resolution No. 2022-118 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 23); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-119 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 23); 5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1587 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No MC-1587 for August 3, 2022. Background On May 4, 2022, the Mayor and City Council adopted Resolution No. 2022-80, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Packet Pg.618 Page 2 2 6 4 Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for June 15, 2022 on the proposed annexation of the said territory into the community facilities district. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. As required by the Resolution of Intention, a boundary map was recorded on May 10, 2022, at 10:39 a.m. in Book 90 Page 28, Document No. 2022- 0174216 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.   The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 1.69 gross acres of a commercial lot within the City, requesting that the City assist them in annexing their properties into CFD No. 2019-1 under the Mello-Roos Act. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1.Public lighting and appurtenant facilities, including street lights within public rights-of- way and traffic signals; and 2.Maintenance of streets, including pavement management, and provide street sweeping; and 3.Maintenance and operation of water quality improvements including storm drainage and flood protection facilities; and 4.City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds The proposed area to be annexed into the CFD will be included in Tax Zone 24 and is located south of the 210 Freeway, at the northwest intersection of E Highland Ave and Valencia Ave, as shown in Attachment #13. The maximum annual special tax for this development has been calculated to be $2,363 per acre for FY 2022/23. This tax rate includes a Maximum Special Tax A of $1,385 per acre per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $978 per acre per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the Packet Pg.619 Page 3 2 6 4 election. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted May 4, 2022. Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolutions and the first reading of the amended Ordinance, the adoption of the amended Ordinance would be scheduled for August 3, 2022. Discussion The Resolution of Intention called for a public hearing to be held on June 15, 2022 on the issue of the annexation of territory into CFD No. 2019-1. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.   Adoption of Resolution No. 2019-178 on July 17, 2019 established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello- Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing. If the Mayor and City Council adopt Resolution No. 2022-118, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2022-119 declaring the results of the election. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Packet Pg.620 Page 4 2 6 4 Financial Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $2,258 from Special Tax A to be used to pay for maintenance costs within the development. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD, will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1.Hold a Public Hearing; 2. Adopt Resolution No. 2022-118 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 23); 3. Hold a special landowner election and canvass the election; 4. Adopt Resolution No. 2022-119 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 23); 5.Introduce, read by title only, and waive further reading of Ordinance No. MC-1587 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and 6. Schedule the adoption of Ordinance No MC-1587 for August 3, 2022. Packet Pg.621 Page 5 2 6 4 Attachments Attachment 1 Resolution No. 2022-___- Resolution Calling Election Attachment 2 Exhibit A: Description of Territory Attachment 3 Exhibit B: Rate and Method of Apportionment Attachment 4 Exhibit C: Special Election Ballot Attachment 5 Resolution No. 2022-___- Resolution Declaring Election Results Attachment 6 Exhibit A: Certificate of Election Results Attachment 7 Ordinance MC - 1587 Attachment 8 Exhibit A: Description of Services Attachment 9 Exhibit B: Parcel List Attachment 10 Signed Petition and Waiver Attachment 11 Proof of Publication Notice of Public Hearing Attachment 12 PowerPoint Presentation Attachment 13 Project Map Ward: Seventh Ward Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. May 4, 2022 Mayor and City Council adopted Resolution No. 2022-80, a Resolution of Intention to annex territory into Community Facilities District No. 2019- 1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. June 15, 2022 The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. Packet Pg.622 Resolution No. 2022-118 Resolution 2022-118 July 20, 2022 Page 1 of 6 RESOLUTION NO. 2022-118 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CALLING AN ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 23) WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019-081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Section 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019-1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019-178 forming the CFD No. 2019-1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019-1 were submitted to the qualified electors within the CFD No. 2019-1; and WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019-179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying with the procedures set forth in said Article 3.5; and WHEREAS, the City Council on May 4, 2022, duly adopted Resolution No. 2022-80 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on the proposed annexation for June 15, 2022; and WHEREAS, the Mayor and City Council continued the public hearing on the proposed annexation until July 20, 2022, at the request of the property owner; and WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 23 Community Facilities District No. 2019-1 (Maintenance Services)" a Packet Pg.623 Resolution No. 2022-118 Resolution 2022-118 July 20, 2022 Page 2 of 6 copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 28, in the office of the San Bernardino County Recorder; and WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on July 20, 2022, not earlier than the hour of 7:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the July 20, 2022, meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019-1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019-1, or by the owners of one-half (1/2) or more of the territory to be annexed; and WHEREAS, the City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019-1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019-1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019-1 consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention. Packet Pg.624 Resolution No. 2022-118 Resolution 2022-118 July 20, 2022 Page 3 of 6 SECTION 3.Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled. SECTION 4.Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council with respect to the annexation of territory to CFD No. 2019-1 are valid and in conformity with the requirements of the Act. SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto. SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property. SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92401, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents. SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council that will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1. SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on July 20, 2022, and shall be conducted as follows: (a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019-1. Because fewer than twelve registered voters resided within the territory proposed to be annexed to CFD No. 2019-1 on April 27, 2022 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have Packet Pg.625 Resolution No. 2022-118 Resolution 2022-118 July 20, 2022 Page 4 of 6 one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1. (b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined into a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 7:00 p.m. on July 20, 2022. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election. (e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on July 20, 2022, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election. (f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as ascertained by the canvass of the returns. SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office. SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 13. Effective Date. This Resolution shall become effective immediately. Packet Pg.626 Resolution No. 2022-118 Resolution 2022-118 July 20, 2022 Page 5 of 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.627 Resolution No. 2022-118 Resolution 2022-118 July 20, 2022 Page 6 of 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-118, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.628 EXHIBIT A   DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 23 is currently comprised of two parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Numbers (APNs). APN Owner Name 0272-161-17 Vone SB LLC 0272-161-18 Vone SB LLC     Packet Pg.629 EXHIBIT B City of San Bernardino 1  Community Facilities District No. 2019‐1 (Maintenance Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or  “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July  1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity  as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth  below.  All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,  shall be taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel  Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the  applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be  calculated by the Administrator.    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs  of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether  by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof  associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with  responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or  any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees  including payment of a proportional share of salaries and benefits of any City employees and City  overhead whose duties are related to the administration and third party expenses.  Administrative  Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any  other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to  commencing and pursuing to completion any foreclosure of delinquent Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final  Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being  levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal  year in which the special tax is being levied.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County  Assessor of the County.    Packet Pg.630 City of San Bernardino 2  Community Facilities District No. 2019‐1 (Maintenance Services)   “Building Square Footage” or “BSF” means the floor area square footage reflected on the original  construction building permit issued for construction of a building of Non‐Residential Property and any  Building Square Footage subsequently added to a building of such Taxable Property after issuance of  a building permit for expansion or renovation of such building.    “Calendar Year” means the period commencing January 1 of any year and ending the following  December 31.     “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).    “City” means the City of San Bernardino.     “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA  is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in  the Calendar Year commencing in such  Fiscal  Year;  (ii)  fund  an  operating  reserve  for  the  costs   of  Services  as determined by the Administrator; less a credit for funds available to reduce the annual  Special Tax B (Contingent) levy as determined by the Administrator.    “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the  Special Tax is being levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section G.     “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line  adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)  or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual  lots for which building permits may be issued without further subdivision.      “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.    “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an  Assessor’s Parcel is assigned consistent with the land use approvals that have been received or  proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is  being levied.    “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B  (Contingent), as applicable.    “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with  Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property  within CFD No. 2019‐1.    Packet Pg.631 City of San Bernardino 3  Community Facilities District No. 2019‐1 (Maintenance Services)   “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as  determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's  Parcel of Taxable Property within CFD No. 2019‐1.    “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists  of a building or buildings comprised of attached Residential Units sharing at least one common wall  with another unit.   “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a  building permit(s) was issued for a non‐residential use.  The Administrator shall make the  determination if an Assessor’s Parcel is Non‐Residential Property.   “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s   association established to maintain certain landscaping within a Tax Zone.    “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the  actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property  with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and  (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum  Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth  in the documents adopted by the City Council at the time the CFD was formed.     “Single Family Residential Property” means any residential property other than Multi‐Family  Residential Property on an Assessor’s Parcel.  “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal  Year on each Assessor’s Parcel of Taxable Property.    “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel  of Taxable Property to fund the Special Tax A Requirement.    "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year  to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both  the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for  maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,  streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)  public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the  Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A  Requirement include funds for Bonds.  Packet Pg.632 City of San Bernardino 4  Community Facilities District No. 2019‐1 (Maintenance Services)   “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on  each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if  required.    "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may  be levied pursuant to this Rate and Method of Apportionment of Special Tax.  Appendix C identifies  the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is  annexed into the CFD.    "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.    "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a  Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for  subdivision.    “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed  Property or Approved Property.    B. ASSIGNMENT TO LAND USE CATEGORIES  For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified  as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy  of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed  Property and Approved Property shall be classified as either Residential Property or Non‐Residential  Property.  Residential Property shall be further classified as Single Family Residential Property or  Multi‐Family Residential Property and the number of Residential Units shall be determined by the  Administrator.    C. MAXIMUM SPECIAL TAX RATES  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Residential Property, all such Assessor’s  Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon  as specified in or shown on the building permit(s) issued or Final Map as determined by the  Administrator.  For Parcels of undeveloped property zoned for development of single family attached  or multi‐family units, the number of Residential Units shall be determined by referencing the  condominium plan, apartment plan, site plan or other development plan, or by assigning the  maximum allowable units permitted based on the underlying zoning for the Parcel.  Once a single  family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the  Administrator shall determine the actual number of Residential Units contained within the building  or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated  by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential  Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s  Packet Pg.633 City of San Bernardino 5  Community Facilities District No. 2019‐1 (Maintenance Services)   Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map  as determined by the Administrator.  Once the Administrator determines the actual number of  Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the  Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building  Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone  below or as included in Appendix A as each Annexation occurs.  1.  Special Tax A  a. Developed Property  (i) Maximum Special Tax A   The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1,  the rate and method adopted for the annexed property shall reflect the Maximum Special Tax  A for the Tax Zones annexed and included in Appendix A.  The Maximum Special Tax A for  Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:  TABLE 1  MAXIMUM SPECIAL TAX A RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential Property RU $961    (ii) Increase in the Maximum Special Tax A   On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)  for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the  preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel  shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category  located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land  use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based  on the amount of Acreage designated for each land use as determined by reference to the  site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of  property shall be final.    b.  Approved Property  The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to  each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate  and method adopted for the annexed property shall reflect the Maximum Special Tax A for the  Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property  Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:  Packet Pg.634 City of San Bernardino 6  Community Facilities District No. 2019‐1 (Maintenance Services)   TABLE 2  MAXIMUM SPECIAL TAX A RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential RU $961    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the  rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for  the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped  Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:  TABLE 3  MAXIMUM SPECIAL TAX A RATES  UNDEVELOPED PROPERTY    Tax Zone Tracts Taxable Unit Maximum Special Tax A  1 TR 17170 Acre $4,338    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    2. Special Tax B (Contingent)  The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation  to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by  the Administrator, in each of the following circumstances:    (a) The POA files for bankruptcy;  (b) The POA is dissolved;  (c) The POA ceases to levy annual assessments for the Contingent Services; or  (d) The POA fails to provide the Contingent Services at the same level as the City provides similar  services and maintains similar improvements throughout the City and within ninety (90) days  after written notice from the City, or such longer period permitted by the City Manager, fails  to remedy the deficiency to the reasonable satisfaction of the City Council.    a. Developed Property     (i) Maximum Special Tax B (Contingent)  Packet Pg.635 City of San Bernardino 7  Community Facilities District No. 2019‐1 (Maintenance Services)    The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is  shown in Table 4 and shall be specific to each Tax Zone within the CFD.  When additional  property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed  property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed  and included in Appendix A.  The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20  within Tax Zone 1 is identified in Table 4 below:  TABLE 4  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    (ii) Increase in the Maximum Special Tax B (Contingent)   On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for  Developed Property shall increase by i) the percentage increase in the Consumer Price Index  (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of  the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax B (Contingent) that can be levied on an  Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be  levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel  that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated  to each type of property based on the amount of Acreage designated for each land use as  determined by reference to the site plan approved for such Assessor's Parcel.  The  Administrator's allocation to each type of property shall be final.    b.  Approved Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 5 below:  TABLE 5  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for  Packet Pg.636 City of San Bernardino 8  Community Facilities District No. 2019‐1 (Maintenance Services)   Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding  Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 6 below:  TABLE 6  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  UNDEVELOPED PROPERTY    Tax Zone  Tracts Taxable Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Acre $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los  Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,  or ii) by two percent (2.0%), whichever is greater.    D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX  1.  Special Tax A  Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine  the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable  Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each  Tax Zone.  The Special Tax A shall be levied for each Fiscal Year as follows:    First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed  Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special  Tax A Requirement for such Tax Zone;    Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first step has been completed, the Special Tax A shall be levied Proportionately on each  Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for  Approved Property;    Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all  Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special  Tax A for Undeveloped Property.  2.  Special Tax B (Contingent)  Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for  each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)  Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of  Packet Pg.637 City of San Bernardino 9  Community Facilities District No. 2019‐1 (Maintenance Services)   Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals  the Special Tax B ( Contingent) Requirement for such Tax Zone.  The Special Tax B (Contingent) Shall  be levied for each Fiscal Year as follows:    First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed  Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy  the Contingent Special Tax B Requirement;    Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after  the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on  each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B  (Contingent) for Approved Property;    Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after  the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately  on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum  Special Tax B (Contingent) for Undeveloped Property.      E. FUTURE ANNEXATIONS  It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time.  As  each annexation is proposed, an analysis will be prepared to determine the annual cost for providing  Services.  Based on this analysis, the property to be annexed, pursuant to California Government Code  section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone  when annexed and included in Appendix A.    F. DURATION OF SPECIAL TAX   For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.  For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services  are being provided.    G. EXEMPTIONS    The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are  owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;  (ii) with public or utility easements making impractical their utilization for other than the purposes set  forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for  public uses; or (iv) which is in use in the performance of a public function as determined by the  Administrator.     H. APPEALS   Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  A representative(s) of CFD No. 2019‐1 shall promptly  review the appeal, and if necessary, meet with the property owner, consider written and oral evidence  regarding the amount of the Special Tax, and rule on the appeal.  If the representative’s decision  requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property  owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that  Assessor’s Parcel in the subsequent Fiscal Year(s).    Packet Pg.638 City of San Bernardino 10  Community Facilities District No. 2019‐1 (Maintenance Services)      I. MANNER OF COLLECTION   The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem  property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time  or in a different manner if necessary to meet its financial obligations.     Packet Pg.639 City of San Bernardino 11  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)                  COST ESTIMATE  Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance  services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for  Community Facilities District No. 2019‐1.  TAX ZONE 24  LLA 2020‐005  Item Description Estimated Cost  1 Lighting $100  2 Streets $1,019  3 Drainage $108  4 Reserves $31  5 Admin $1,000  Total  $2,258    Special Tax B Contingent Services – The estimate in the table below breaks down the costs of  providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these  services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District  No. 2019‐1 Tax Zone 24.  TAX ZONE 24 (CONTINGENT SERVICES)  LLA 2020‐005  Item Description Estimated Cost  1 Drainage $734  2 Reserves $110  3 Admin $750  Total  $1,594  TAX ZONE 24  FY 2022‐23 MAXIMUM SPECIAL TAX RATES  DEVELOPED PROPERTY AND APPROVED PROPERTY  Land Use   Category  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Non‐Residential Property Acre $1,385 $978  TAX ZONE 24  FY 2022‐23 MAXIMUM SPECIAL TAX RATES   UNDEVELOPED PROPERTY  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Acre $1,385 $978       Packet Pg.640 City of San Bernardino 12  Community Facilities District No. 2019‐1 (Maintenance Services)   TAX ZONE SUMMARY      Annexation  Tax  Zone  Tract  APN  Fiscal  Year  Maximum  Special Tax A  Maximum  Special Tax B    Subdivider  Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.  1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.  2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC  3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC  4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC  5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC  6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center  LLC  7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC  8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC  9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC  10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC  11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP  12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings  13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.   14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust  15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC  16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP  17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson  18 To Be Determined  19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC  20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP  21 To Be Determined  22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC  23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC      ESCALATION OF MAXIMUM SPECIAL TAXES  On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the  percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange  County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent  (2.0%), whichever is greater.  Packet Pg.641 City of San Bernardino 13  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)           DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by  Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing  and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,  public landscaping, public open spaces and other similar landscaped areas officially dedicated for public  use. These services including the following:  (a)    maintenance and lighting of parks, parkways, streets, roads and open space, which  maintenance and lighting services may include, without limitation, furnishing of electrical power to street  lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and  standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or  adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;  maintenance of public signage; graffiti removal from and maintenance and repair of public structures  situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or  recreation program equipment or facilities situated on any park; and    (b)  maintenance and operation of water quality improvements which include storm drainage  and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration  basins, flood control channels, fossil fuel filters, and similar facilities.  Maintenance services may include  but is not limited to the repair, removal or replacement of all or part of any of the water quality  improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum  hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and  outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,  servicing; or both of the water quality basin improvements within flood control channel improvements;  and    (c)  public street sweeping, on the segments of the arterials within the boundaries of CFD No.  2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any  portions adjacent to the properties within CFD No. 2019‐1; and    In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of  Apportionment.   The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the  benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time  to time by anticipated annexations, and said services may be financed by proceeds of the special tax of  CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.  2019‐1 before CFD No. 2019‐1 was created.                Packet Pg.642 City of San Bernardino 14  Community Facilities District No. 2019‐1 (Maintenance Services)     APPENDIX C    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES    Packet Pg.643 EXHIBIT C CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 23 (July 20, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Vone SB, LLC 1.69 2 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: Personal Delivery: If by mail, place ballot in the return envelope provided, and mail no later than July 6, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. If in person, deliver to the City Clerk at any time up to 7:00 p.m. on July 20, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on July 20, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.644   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Vone SB, LLC Attn: Thomas N. Robinson II 4 Corporate Plaza Drive, Suite 210 Newport Beach, CA 92660 0272-161-17 and 0272-161-18 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on May 4, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 23 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__. VONE SB, LLC, a California limited liability company Vantage One Real Estate Investment, LLC a California limited liability company Thomas N. Robinson II Manager Signature Print Name Title   Packet Pg.645 Resolution No. 2022-119 Resolution 2022-119 July 20, 2022 Page 1 of 3 RESOLUTION NO. 2022-119 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING ELECTION RESULTS FOR FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 23) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a resolution calling a special election for July 20, 2022, and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019-1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated July 20, 2022, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Sections 53328 and 53329 of the Government Code. SECTION 3.Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said Packet Pg.646 Resolution No. 2022-119 Resolution 2022-119 July 20, 2022 Page 2 of 3 Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019-1 as specified in Resolution No. 2022-80 adopted by the Mayor and City Council on May 4, 2022. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 23 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on May 10, 2022, in Book 90 of Maps of Assessment and Community Facilities Districts at Page 28, in the office of the San Bernardino County Recorder. SECTION 4.Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019-1 including the annexed territory. SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.647 Resolution No. 2022-119 Resolution 2022-119 July 20, 2022 Page 3 of 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-119, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.648 EXHIBIT A CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 23 CERTIFICATE OF ELECTION RESULTS I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify: In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot(s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, date April 27, 2022, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date. Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto. Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure. Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed. Landowner Qualified Landowner Votes Votes Cast YES NO Vone SB, LLC 2 2 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2022. Genoveva Rocha, CMC City Clerk City of San Bernardino By: (Attach completed copies of Waiver/Consent and Ballot) Packet Pg.649 Ordinance No. MC-1587 1 1 7 1 ORDINANCE NO. MC-1587 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 15, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, the Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Packet Pg.650 Ordinance No. MC-1587 2 1 7 1 Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022. Packet Pg.651 Ordinance No. MC-1587 3 1 7 1 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.652 Ordinance No. MC-1587 4 1 7 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1587, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-1587 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.653 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Pg.654 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23 (Effective as of July 20, 2022) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46 1 17329, LLC 0348-111-52, 0261-031-10, -11, and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-01 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, -12, -34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-02 (Por.), -07 (Por.), -08(Por.), -09 (Por.), -20 (Por.), -24, -25, -33 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 To Be Determined 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 To Be Determined 22 To Be Determined 23 Vone SB, LLC 0272-161-17 and -18 Packet Pg.655 Packet Pg.656 Packet Pg.657 Packet Pg.658 Packet Pg.659 Packet Pg.660 Packet Pg.661 Packet Pg.662 This space for filing stamp only OR #: O R A N G E C O U N T Y R E P O R T E R ~ SINCE 1921 ~ 600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841 PROOF OF PUBLICATION (2015.5 C.C.P.) State of California ) County of Orange ) ss Notice Type: Ad Description: I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: Executed on: 10/10/2004 At Riverside, California I certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature SAN BERNARDINO COUNTY SUN 473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408 (909) 889-9666 (909) 884-2536 SB 3590237 COURTNEY BOWEN CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA - 92401 HRGSB - NOTICE OF HEARING-SB ANNEXATION NO. 23 I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 05/31/2022 05/31/2022 SAN BERNARDINO !A000006032739! Email NNOTI CE OF PUB LIC HEARI NG OON I NTENTIO N TO ANNEX TERRITORY TO AN EXISTI NG COMMUNITY FA CILITIES DISTRI CT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.23) NOTICE I S HEREBY GIV EN that the City Council of the City of San Bernardino on May 4, 2022 adopted its Resolution No. 2022-80, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREB Y FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, June 15, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the June 15, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92418. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909- 384-5002. DATED: May 24, 2022 Genoveva Rocha City Clerk of the City of San Bernardino 5/31/22 Packet Pg.663 SSBS--33590237# Packet Pg.664 Public Hearing CFD No. 2019-1 Annexation No. 23: LLA 2020-005 (Vone SB, LLC) Presented by Alex Qishta, City Engineer Packet Pg.665 Public Hearing on CFD 2019-1 Annexation No. 23 Recommended Action 1. CITY COUNCIL INITIATE ANNEXATION OF TERRITORY TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ("CFD NO. 2019-1" OR "CFD") BY TAKING THE FOLLOWING ACTIONS: A. HOLD PUBLIC HEARING, B. ADOPT A RESOLUTION CALLING THE ELECTION, C. HOLD A SPECIAL LANDOWNER ELECTION AND CANVASS THE ELECTION, D. ADOPT A RESOLUTION DECLARING RESULTS OF SPECIAL LANDOWNER ELECTION; AND 2. UPON APPROVAL OF THE PRECEDING RESOLUTIONS, INTRODUCE AN ORDINANCE AMENDING ORDINANCE NO. MC-1522 AND LEVYING AND APPORTIONING THE SPECIAL TAX IN CFD NO. 2019-1 (AS IT NOW EXISTS AND WILL EXIST IN THE FUTURE); AND 3. SCHEDULE THE FINAL READING AND ADOPTION OF THE AMENDED ORDINANCE FOR AUGUST 3, 2022. Packet Pg.666 Public Hearing on CFD 2019-1 Annexation No. 23 Discussion •The Property Owner, Vone SB, LLC, has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements. •The area proposed within Annexation No. 23 includes two parcels APNs 0272-161-17 and 0272-161-18. •On May 4, 2022 the City Council adopted Resolution No. 2022-80, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on June 15, 2022. The Mayor and City Council continued the public hearing until July 20, 2022, at the request of the property owner. The property owner consented to waiving certain time restriction and conduct the election the same night. Packet Pg.667 Public Hearing on CFD 2019-1 Annexation No. 23 Discussion (Cont.) •The proposed maximum annual tax of $2,363 per acre will be included in CFD No. 2019-1 as Tax Zone 24. •The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Packet Pg.668 Public Hearing on CFD 2019-1 Annexation No. 23 Discussion (Cont.) •The services, which may be funded with proceeds of the special tax include: •All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way •Public lighting including street lights and traffic signals, •Maintenance of streets, including pavement management, and street sweeping, •Maintenance and operation of water quality improvements including storm drainage and flood protection facilities •In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds. Packet Pg.669 Project Location Packet Pg.670 Public Hearing on CFD 2019-1 Annexation No. 23 Fiscal Impact •It is anticipated that at build-out the total Special Tax revenues to pay for maintenance costs will be approximately $2,363. All costs associated with the annexation is borne by the Developer. There is no fiscal impact to the City’s General Fund. Packet Pg.671 Questions? Packet Pg.672 PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 24   &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;673 Page 1 2 9 3 City of San Bernardino Request for Council Action PUBLIC HEARING Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Director of Public Works Department:Public Works Subject:Public Hearing on Fiscal Year 2022-23 Assessment Levies for Previously Formed Assessment Districts. (All Wards) Recommendation: Hold public hearings and: 1.Adopt Resolution No. 2022-152 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2022-23; 2.Adopt Resolution No. 2022-153 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 2022-23; 3.Adopt Resolution No. 2022-154 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 2022-23; 4.Adopt Resolution No. 2022-155 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 2022-23; 5.Adopt Resolution No. 2022-156 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 2022-23. Background: On May 4, 2022, the Mayor and City Council adopted resolutions declaring intention to Packet Pg.674 Page 2 2 9 3 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 Fiscal Year 2022-23 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 20, 2022. The notice of said hearing was duly published as required by law. Discussion: On July 20, 2022, the Mayor and City Council will conduct public hearings on the assessments proposed to be levied and collected from the owners of property within each assessment district for fiscal year 2022-23 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 basins 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 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. At its July 20, 2022, meeting the Mayor and City Council will consider adoption of resolutions confirming the diagram and assessment within the various assessment districts. 2021-2025 Key Strategic Targets and Goals: This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No 3d: Improve the City’s appearance, cleanliness and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact: The 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. There is no fiscal impact to the City. Conclusion: Hold public hearings and: 1.Adopt Resolution No. 2022-152 of the Mayor and City Council of the City of San Bernardino, California, Confirming the Diagram and Assessment for Assessment District No. 1022 and Zones 1, 2 and 3 thereof for Fiscal Year 2022-23; 2.Adopt Resolution No. 2022-153 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 2022-23; Packet Pg.675 Page 3 2 9 3 3.Adopt Resolution No. 2022-154 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 2022-23; 4.Adopt Resolution No. 2022-155 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 2022-23; 5.Adopt Resolution No. 2022-156 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 2022-23. Attachments: Attachment 1 - Resolution 2022-152 - Diagram and Assessments 1022 Attachment 2 - Resolution 2022-153 - Diagram and Assessments 1017-1024 Attachment 3 - Resolution 2022-154 - Diagram and Assessments 1028-1068 Attachment 4 - Resolution 2022-155 - Diagram and Assessments 951-1016 Attachment 5 - Resolution 2022-156 - Diagram and Assessments 1025 & 1027 Attachment 6 - Proof of Publication - Assessment District No. 1022 Attachment 7 - Proof of Publication – Assessment Districts No. 1017-1024 Attachment 8 - Proof of Publication – Assessment Districts No. 1028-1068 Attachment 9 - Proof of Publication – Assessment Districts No. 951-1016 Attachment 10 - Proof of Publication – Assessment Districts No. 1025 & 1027 Ward: All Synopsis of Previous Council Actions: April 6, 2022 City Council adopted a Resolution Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2022-23 in various assessment districts pursuant to the California Constitution and the City Charter, appointing the Engineer of Record and ordering preparation of the engineer’s reports. May 4,2022 City Council adopted resolutions declaring intention to levy and collect assessments for Fiscal Year 2022/24 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. Packet Pg.676 Page 4 2 9 3 Packet Pg.677 Resolution No. 2022-152 July 20, 2022 Page 1 of 3 Resolution No. 2022-152 RESOLUTION NO. 2022-152 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ASSESSMENT DISTRICT NO. 1022 AND ZONES 1, 2 AND 3 THEREOF FOR FISCAL YEAR 2022-23 WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-89, 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 and Zones 1, 2 and 3 thereof, of the City of San Bernardino (the “Assessment District”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COFID-19 social distancing guidelines; 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, 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 above recitals are true and correct and are incorporated herein by this reference; (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 2022-23, 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 for the maintenance, servicing and operation of landscaping and Packet Pg.678 Resolution No. 2022-_____ -2- 2 3 1 lighting and appurtenant facilities during Fiscal Year 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the 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 Fiscal Year 2022-23, as contained in the Report, and such assessment is hereby levied. The 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. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg.679 Resolution No. 2022-_____ -3- 2 3 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-152, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of ______________, 2022. __________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.680 Resolution No. 2022-153 July 20, 2022 Page 1 of 3 Resolution No. 2022-153 RESOLUTION NO. 2022-153 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 2022-23 WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-90, 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 Districts Nos. 1017, 1019, 1020, 1023 and 1024 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; 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 Districts, 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 above recitals are true and correct and are incorporated herein by this reference; (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 Districts for Fiscal Year 2022-23, 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 Districts for the maintenance, servicing and operation of public landscaping Packet Pg.681 Resolution No. 2022-153 July 20, 2022 Page 2 of 3 Resolution No. 2022-153 -2- 2 3 2 and appurtenant facilities and sewer lift stations and appurtenant facilities during Fiscal Year 2022- 23, as contained in the report of Spicer Consulting Group, LLC on file with the 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 Districts during Fiscal Year 2022-23, as contained in the Report, and such assessment is hereby levied. The 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. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg.682 Resolution No. 2022-153 July 20, 2022 Page 3 of 3 Resolution No. 2022-153 -3- 2 3 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-153, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. __________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.683 Resolution No. 2022-154 Resolution No. 2022-154 January 19, 2022 Page 1 of 4 2 3 5 RESOLUTION NO. 2022-154 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 2022-23 WHEREAS, on May 4. 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-92, 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 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 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; 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 Districts, 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 above recitals are true and correct and are incorporated herein by this reference; (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; Packet Pg.684 Resolution No. 2022-154 Resolution No. 2022-154 January 19, 2022 Page 2 of 4 2 3 5 (d) the City Council may therefore proceed to confirm the assessment for the Assessment Districts for Fiscal Year 2022-23, 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 Districts 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 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the 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 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 within the Assessment Districts during Fiscal Year 2022-23, as contained in the Report for each Assessment District, and such assessment is hereby levied. The 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. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Packet Pg.685 Resolution No. 2022-154 Resolution No. 2022-154 January 19, 2022 Page 3 of 4 2 3 5 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg.686 Resolution No. 2022-154 Resolution No. 2022-154 January 19, 2022 Page 4 of 4 2 3 5 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-154, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. ___________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.687 Resolution No. 2022-155 Resolution No. 2022-155 July 20, 2022 Page 1 of 4 RESOLUTION NO. 2022-155 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 2022-23 WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-88, 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 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 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; 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 Districts, 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 above recitals are true and correct and are incorporated herein by this reference; (b) compliance has been had with all of the applicable requirements of the Assessment Law; Packet Pg.688 Resolution No. 2022-155 Resolution No. 2022-155 July 20, 2022 Page 2 of 4 (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 Districts for Fiscal Year 2022-23, 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 Districts 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 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the 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 2021-22. 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 Assessment Districts and for maintenance, servicing and operation of sewer lift stations and appurtenant facilities within the Assessment Districts during Fiscal Year 2022-23, as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The 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. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. Packet Pg.689 Resolution No. 2022-155 Resolution No. 2022-155 July 20, 2022 Page 3 of 4 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg.690 Resolution No. 2022-155 Resolution No. 2022-155 July 20, 2022 Page 4 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-155 adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. ___________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.691 Resolution No. 2022-156 July 20, 2022 Page 1 of 3 Resolution No. 2022-156 2 3 3 RESOLUTION NO. 2022-156 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 2022-23 WHEREAS, on May 4, 2022, the City Council (the “City Council”) of the City of San Bernardino, California (the “City”) adopted Resolution No. 2022-91, 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 Districts Nos. 1025 and 1027 of the City of San Bernardino (collectively, the “Assessment Districts”) for Fiscal Year 2022-23 pursuant to the Assessment Law for 7:00 o’clock p.m. on July 20, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, or via teleconference as directed by the City due to COVID-19 social distancing guidelines; 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 Districts, 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 above recitals are true and correct and are incorporated herein by this reference; (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 Districts for Fiscal Year 2022-23, 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 Districts for the maintenance, servicing and operation of public landscaping Packet Pg.692 Resolution No. 2022-156 July 20, 2022 Page 2 of 3 Resolution No. 2022-156 2 3 3 and appurtenant facilities during Fiscal Year 2022-23, as contained in the report of Spicer Consulting Group, LLC on file with the 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 Districts during Fiscal Year 2022-23 as contained in the Report for each of the Assessment Districts, and such assessment is hereby levied. The 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. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg.693 Resolution No. 2022-156 July 20, 2022 Page 3 of 3 Resolution No. 2022-156 2 3 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-156, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. ___________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.694 CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA 92401 GPN GOVT PUBLIC NOTICE RESOLUTION NO. 2022-89 07/08/2022 Publication Total $753.41 $753.41 Notice Type: Ad Description COPY OF NOTICE 3601748 !A000006057092! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. RESOL UTION NO.202 2-89 RESOLU TION OF T HE MAYOR AND CI T Y COUNCIL OF THE CITY OF SA N BERNARDINO, CALIFORNIA,DECLARING INT ENTIO N TO LEVY AND COLLE CT A SSES SM ENTS WITHI N ASS ESSME NT DIS TRICT NO.1 022 AND ZON ES 1,2 AND 3 THE REOF FOR FISCAL YE AR 2022-23, APPROVI NG T HE ENGINEER'S REP OR T A ND P ROVIDIN G NOTICE OF T HE TIME AND PLACE OF HEARING ON PROPOSED ASS ESSME NT S WHEREA S,the City Council of the City of San Bernardino (the ‘‘City Council’’)has established Assessment District No.1022 and Zones 1,2 and 3 thereof of the City of San Bernardino (the ‘‘Assessment District’’)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 WHER EA S,on April 6,2022,the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment District and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment District for fiscal year 2022-23 to pay the costs of the maintenance, servicing and operation of landscaping and lighting and appurtenant facilities authorized by the Assessment Law;and WHEREA S,Spicer Consulting Group,LLC,the engineer designated by the City Council to prepare such report,has filed its report with the City Clerk and such report has been presented to and considered by the City Council;and WHEREA S,it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law,and,among other things,fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; 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 above recitals are true and correct and are incorporated herein by this reference; (b)The report of Spicer Consulting Group,LLC (the ‘‘Report’’)contains all matters required by the Packet Pg.695 Assessment Law and may, therefore,be approved by the City Council;and (c)The assessments which are proposed to be levied on all parcels of assessable land within the Assessment District for fiscal year 2022-23 are determined pursuant 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. SE CTION 2.Intention.The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment District for Fiscal Year 2022-23,as set forth in the Report. Those assessments will be collected at the same time and in the same manner as county taxes are collected,and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SE CTION 3.Improvements.The improvements authorized for the Assessment District are: (a)The installation or planting of landscaping and lighting and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof,and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. SE CTION 4.Maintenance.The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance,operation,and servicing of landscaping and lighting,including: (a)Repair,removal,or replacement of all,or any part of, the improvements thereon, including incidental drainage facilities. (b)Operation,maintenance,repair, and replacement of irrigation systems. (c)Servicing and maintenance of plantings and landscaping. (d)Repair and maintenance of incidental drainage facilities. SE CTION 5.Assessment District. The distinctive designation of the Assessment District is ‘‘Assessment District No.1022 (Zone 1,Zone 2 and Zone 3)(San Bernardino International Airport/Alliance- California)of the City of San Bernardino.’’The boundaries of the Assessment District are described and shown in the Report. SECTIO N 6.Report and Assessments.The Report,which is on file with the City Clerk,and which has been presented to the City Council at the meeting in which this resolution is adopted,is approved. Reference is made to the Report for a full and detailed description of the improvements,the boundaries of the Assessment District,the zones therein,and the proposed assessments upon assessable lots and parcels of land therein for the 2022-23 fiscal year. SECTIO N 7.Hearing.The time and place of the hearing required by the Assessment Law is set for 7:00 o'clock p.m.on July 20,2022 in the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,or via teleconference as directed by the City due to COVID-19 social distancing guidelines . SECTIO N 8.Notice of Hearing. NOTI CE IS HEREBY GIVENthat on the date and at the time and place specified in Section 7 hereof,the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment District for fiscal year 2022-23.Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing,which protest must state all grounds of objection and describe the property within the Assessment District owned by any such person. SECTIO N 9.Publication.The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code.Upon completion of such publication,the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SECTIO N 10.Designated Person. The City Council designates Spicer Consulting Group,LLC,telephone number (866)504-2067,as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2022-23. SECTIO N 11.CEQA.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA)in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.Where it can be seen with certainty,as in this case,that there is no possibility that the activity in question may have a significant effect on the environment,the activity is not subject to CEQA. SECTION 12.Severability.If any provision of this Resolution or the application thereof to any person or circumstance is held invalid,such invalidity shall not affect other provisions or applications,and to this end the provisions of this Resolution are declared to be severable. SECTION 13.Effective Date.This Resolution shall become effective immediately. Resolution No.2022-89 was adopted on May 4,2022,at the Regular meeting of the Mayor and City Council by the following votes: AYES:Sanchez,Ibarra,Shorett, Reynoso,Calvin,Alexander NOES:None ABSENT:Figueroa, /s/Genoveva Rocha Genoveva Rocha,CMC,City Clerk Publish on:July 8,2022 7/8/22 SBS-3601748# Packet Pg.696 CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA 92401 GPNSB GOVERNMENT PUBLIC NOTICE-SB RESOLUTION NO. 2022-90 07/08/2022 Publication Total $911.42 $911.42 Notice Type: Ad Description COPY OF NOTICE 3601751 !A000006057096! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. RESOL UTION NO.202 2-90 RESOLU TION OF T HE MAYOR AND CI T Y COUNCIL OF THE CITY OF SA N BERNARDINO, CALIFORNIA,DECLARING INT ENTIO N TO LEVY AND COLLE CT A SSES SM ENTS WITHI N ASS ESSME NT DISTRICTS NOS.1017,1019,1020, 102 3 A ND 1024 FOR FISCAL YEAR 2022-23,APPROVING T HE ENGINEER'S RE PORT AND PROVIDING NOTICE OF TH E TIME A ND PLAC E OF HEA RING ON P ROPO SED ASSESSMEN TS WHEREA S,the City Council of the City of San Bernardino (the ‘‘City Council’’)has established Assessment District No.1017,1019, 1020,1023 and 1024 of the City of San Bernardino (collectively,the ‘‘Assessment Districts’’)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 WHEREA S,on April 6,2022,the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2022-23 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law;and WHEREA S,Spicer Consulting Group,LLC,the engineer designated by the City Council to prepare such report,has filed its report with the City Clerk and such report has been presented to and considered by the City Council;and WHEREA S,it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and,among other things,fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; 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 above recitals are true and correct and are incorporated herein by this reference; (b)The report of Spicer Consulting Group,LLC (the ‘‘Report’’)contains all matters required by the Assessment Law and may, Packet Pg.697 therefore,be approved by the City Council;and (c)The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2022-23 are determined pursuant 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 public landscaping and appurtenant facilities. SE CTION 2.Intention.The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for Fiscal Year 2022-23,as set forth in the Report.Those assessments will be collected at the same time and in the same manner as county taxes are collected,and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SE CTION 3.Improvements.(i)The improvements authorized for Assessment Districts Nos.1017,1019, 1020 and 1023 are: (a)The installation or planting of public landscaping and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water,irrigation,drainage or electrical facilities;and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. (ii)The improvements authorized for Assessment District No.1024 are: (a)The installation or planting of landscaping and sewer lift stations and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof,and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. SE CTION 4.Maintenance.(i)The maintenance to be performed for Assessment Districts Nos.1017,1019, 1020 and 1023 consists of the furnishing of services and materials for the ordinary and usual maintenance,operation,and servicing of public landscape, including: (a)Repair,removal,or replacement of all,or any part of, the improvements thereon, including incidental drainage facilities. (b)Operation,maintenance,repair, and replacement of irrigation systems. (c)Servicing and maintenance of plantings and landscaping. (d)Repair and maintenance of incidental drainage facilities. (ii)The maintenance to be performed for Assessment District No.1024 consists of the furnishing of services and materials for the ordinary and usual maintenance, operation,and servicing of landscaping and sewer lift stations, including: (a)Repair,removal,or replacement of all,or any part of, the improvements thereon, including incidental drainage facilities. (b)Operation,maintenance,repair, and replacement of irrigation systems. (c)Servicing and maintenance of plantings and landscaping. (d)Repair and maintenance of incidental drainage and wastewater facilities. SECTIO N 5.Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows:‘‘Assessment District No. 1017 (Kendall and Pine Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1019 (Northpark and Mountain Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1020 (Mill Street and Dallas Avenue Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1023 (Elm Avenue and Coulston Street Area)of the City of San Bernardino’’and ‘‘Assessment District No.1024 (Inland Center Drive and Riverwalk Drive Area)of the City of San Bernardino.’’The boundaries of the Assessment Districts are described and shown in the Report. SECTIO N 6.Report and Assessments.The Report,which is on file with the City Clerk,and which has been presented to the City Council at the meeting in which this resolution is adopted,is approved. Reference is made to the Report for a full and detailed description of the improvements,the boundaries of the Assessment Districts,and the proposed assessments upon assessable lots and parcels of land therein for the 2022-23 fiscal year. SECTION 7.Hearing.The time and place of the hearing required by the Assessment Law is set for 7:00 o'clock p.m.on July 20,2022 in the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 8.Notice of Hearing. NOTICE I S HEREBY GIV EN that on the date and at the time and place specified in Section 7 hereof,the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2022-23.Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing,which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SECTION 9.Publication.The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code.Upon completion of such publication,the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SECTION 10.Designated Person. The City Council designates Spicer Consulting Group,LLC,telephone number (866)504-2067,as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2022-23. SECTION 11.CEQA.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA)in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.Where it can be seen with certainty,as in this case, that there is no possibility that the activity in question may have a significant effect on the environment,the activity is not subject to CEQA. SECTION 12.Severability.If any provision of this Resolution or the application thereof to any person or circumstance is held invalid,such invalidity shall not affect other provisions or applications,and to this end the provisions of this Resolution are declared to be severable. Packet Pg.698 SE CTION 13.Effective Date.This Resolution shall become effective immediately. Resolution No.2022-90 was adopted on May 4,2022,at the Regular meeting of the Mayor and City Council by the following votes: AYES:Sanchez,Ibarra,Shorett, Reynoso,Calvin,Alexander NOES:None ABSENT:Figueroa, /s/Genoveva Rocha Genoveva Rocha,CMC,City Clerk Publish on:July 8,2022 7/8/22 SBS-3601751# Packet Pg.699 CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA 92401 GPNSB GOVERNMENT PUBLIC NOTICE-SB RESOLUTION NO. 2022-92 07/08/2022 Publication Total $1181.64 $1181.64 Notice Type: Ad Description COPY OF NOTICE 3601756 !A000006057175! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. RESOL UTION NO.202 2-92 RESOLU TION OF T HE MAYOR AND CI T Y COUNCIL OF THE CITY OF SA N BERNARDINO, CALIFORNIA,DECLARING INT ENTIO N TO LEVY AND COLLE CT A SSES SM ENTS WITHI N ASS ESSME NT DISTRICTS NOS.1028,1029,1030, 1031,1032,1035 (ZONE 1),1035 (ZONE 2),1036,1037,10 38,1039, 1040,1 041,1042,1043 (ZONE 1), 1043 (ZONE 2),1045,1046,1 047, 1048,1050,1052,1054,105 5,1056, 1057,1059,1060,1063,1064,A ND 1068 FO R FIS CAL YEA R 2022-23, APPROVING T HE ENGINEER'S REP ORT A ND P ROVIDIN G NOTICE OF T HE TIME AND PLACE OF HEARING ON PROPOSED ASS ESSME NT S WHEREA S,the City Council of the City of San Bernardino (the ‘‘City Council’’)has established 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 of the City of San Bernardino (collectively,the ‘‘Assessment Districts’’)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 WHEREAS,on April 6,2022,the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2022-23 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law;and WHEREAS,Spicer Consulting Group,LLC,the engineer designated by the City Council to prepare such report,has filed its report with the City Clerk and such report has been presented to and considered by the City Council;and WHER EA S,it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and,among other things,fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; BE IT RESOLVE D B Y THE MAYOR AND CITY COUNCIL OF Packet Pg.700 THE CITY OF SAN BERNARDINO AS FOLLOWS: SE CTION 1.Findings.The City Council finds that: (a)The above recitals are true and correct and are incorporated herein by this reference; (b)The report of Spicer Consulting Group,LLC (the ‘‘Report’’)contains all matters required by the Assessment Law and may, therefore,be approved by the City Council;and (c)The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2022-23 are determined pursuant 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 public landscaping and appurtenant facilities. SE CTION 2.Intention.The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for Fiscal Year 2022-23,as set forth in the Report.Those assessments will be collected at the same time and in the same manner as county taxes are collected,and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SECTION 3.Improvements.(i)The improvements authorized for the listed Assessment Districts (except Assessment Districts Nos.1055 and 1068)are: (a)The installation or planting of public landscaping and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water,irrigation,drainage or electrical facilities;and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. (ii)The improvements authorized for the Assessment District No.1055 are: (a)The installation or planting of landscaping and sewer lift stations and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof,and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. (iii)The improvements authorized for the Assessment District No.1068 are: (a)The installation or planting of landscape,detention basin and storm drains and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof,and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. SECTIO N 4.Maintenance.The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance,operation,and servicing of public landscape, including: (a)Repair,removal,or replacement of all,or any part of, the improvements thereon, including incidental drainage facilities. (b)Operation,maintenance,repair, and replacement of irrigation systems. (c)Servicing and maintenance of plantings and landscaping. (d)Repair and maintenance of incidental drainage facilities. SECTIO N 5.Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows:‘‘Assessment District No. 1028 (Ohio Avenue and Walnut Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1029 (California Street and 16th Street Area)of the City of San Bernardino,’’‘‘Assessment District No.1030 (Magnolia Avenue and Ohio Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1031 (Irvington Avenue and Olive Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1032 (Palm Avenue and Verdemont Drive)of the City of San Bernardino,’’‘‘Assessment District No.1035 (Zone 1 and Zone 2)(Palm Avenue and Meyers Road)of the City of San Bernardino,’’ ‘‘Assessment District No.1036 (Northpark Boulevard and Campus Parkway)of the City of San Bernardino,’’‘‘Assessment District No.1037 (Belmont Avenue and Magnolia Avenue)of the City of San Bernardino,’’‘‘Assessment District No.1038 (Orange Show Road and Arrowhead Avenue)of the City of San Bernardino,’’‘‘Assessment District No.1039 (Irvington Avenue and Chestnut Avenue Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1040 (Acacia Avenue and Hill Drive Area)of the City of San Bernardino,’’‘‘Assessment District No.1041 (Magnolia Avenue and Ohio Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1042 (Shandin Hills Drive and Shady Creek Drive)of the City of San Bernardino,’’‘‘Assessment District No.1043 (Zone 1 and Zone 2) (Palm Avenue and Irvington Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1045 (Waterman Avenue and Orange Show Road Area)of the City of San Bernardino,’’‘‘Assessment District No.1046 (Northpark Boulevard and Northstar Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1047 (Ohio Avenue and Pine Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1048 (Eucalyptus Avenue and Randall Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1050 (Pepper Avenue and Rialto Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1052 (Belmont Avenue and Chestnut Avenue Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1054 (Campus Parkway and Valles Drive Area)of the City of San Bernardino,’’‘‘Assessment District No.1055 (Pine Avenue and Redwood Street Area)of the City of San Bernardino,’’‘‘Assessment District No.1056 (Magnolia Avenue and Garfield Street Area)of the City of San Bernardino,’’‘‘Assessment District No.1057 (Cajon Boulevard and University Parkway Area)of the City of San Bernardino’’ ‘‘Assessment District No.1059 (Orange Show Road and Tippecanoe Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.1060 (Chiquita Lane and Date Street Area)of the City of San Bernardino,’’‘‘Assessment District No.1063 (Central Avenue and Lena Road Area)of the City of San Bernardino,’’‘‘Assessment District No.1064 (Cajon Boulevard and Glen Helen Parkway Area)of the City of San Bernardino’’and ‘‘Assessment District No.1068 (Tippecanoe Avenue and Central Avenue Area)of the City of San Bernardino.’’The Packet Pg.701 boundaries of the Assessment Districts are described and shown in the Report. SE CTION 6.Report and Assessments.The Report,which is on file with the City Clerk,and which has been presented to the City Council at the meeting in which this resolution is adopted,is approved. Reference is made to the Report for a full and detailed description of the improvements,the boundaries of the Assessment Districts,and the proposed assessments upon assessable lots and parcels of land therein for the 2022-23 fiscal year. SE CTION 7.Hearing.The time and place of the hearing required by the Assessment Law is set for 7:00 o'clock p.m.on July 20,2022 in the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SE CTION 8.Notice of Hearing. NOTICE IS HEREBY GIVEN that on the date and at the time and place specified in Section 7 hereof,the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2022-23.Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing,which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SE CTION 9.Publication.The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code.Upon completion of such publication,the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SE CTION 10.Designated Person. The City Council designates Spicer Consulting Group,LLC,telephone number (866)504-2067,as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2022-23. SE CTIO N 11.CEQA.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA)in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.Where it can be seen with certainty,as in this case,that there is no possibility that the activity in question may have a significant effect on the environment,the activity is not subject to CEQA. SECTIO N 12.Severability.If any provision of this Resolution or the application thereof to any person or circumstance is held invalid,such invalidity shall not affect other provisions or applications,and to this end the provisions of this Resolution are declared to be severable. SECTIO N 13.Effective Date.This Resolution shall become effective immediately. Resolution No.2022-92 was adopted on May 4,2022,at the Regular meeting of the Mayor and City Council by the following votes: AYES:Sanchez,Ibarra,Shorett, Reynoso,Calvin,Alexander NOES:None ABSENT:Figueroa, /s/Genoveva Rocha Genoveva Rocha,CMC,City Clerk Publish on:July 8,2022 7/8/22 SBS-3601756# Packet Pg.702 CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA 92401 GPN GOVT PUBLIC NOTICE RESOLUTION NO. 2022-88 07/08/2022 Publication Total $1135.84 $1135.84 Notice Type: Ad Description COPY OF NOTICE 3601750 !A000006057095! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. RESOL UTION NO.202 2-88 RESOLU TION OF T HE MAYOR AND CI T Y COUNCIL OF THE CITY OF SA N BERNARDINO, CALIFORNIA,DECLARING INT ENTIO N TO LEVY AND COLLE CT A SSES SM ENTS WITHI N ASS ESSME NT DISTRICT S NOS.9 51 (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 FO R FIS CAL YEA R 2022-23, APPROVING T HE ENGINEER'S REP ORT A ND PROVIDIN G NOTICE OF T HE TIME AND PLACE OF HEARING ON PROPOSED ASSESSME NT S WHEREAS,the City Council of the City of San Bernardino (the ‘‘City Council’’)has established 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 of the City of San Bernardino (collectively,the ‘‘Assessment Districts’’)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 WHEREA S,on April 6,2022,the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2022-23 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law;and WHEREA S,Spicer Consulting Group,LLC,the engineer designated by the City Council to prepare such report,has filed its report with the City Clerk and such report has been presented to and considered by the City Council;and WHER EA S,it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and,among other things,fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; BE IT RESOLVE D B Y THE MAYOR AND CIT Y CO UNCIL OF THE CIT Y OF SAN BERNARDINO AS FOLLOWS: Packet Pg.703 SE CTION 1.Findings.The City Council finds that: (a)The above recitals are true and correct and are incorporated herein by this reference; (b)The report of Spicer Consulting Group,LLC (the ‘‘Report’’)contains all matters required by the Assessment Law and may, therefore,be approved by the City Council; (c)The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2022-23 are determined pursuant 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 public landscaping and appurtenant facilities for those designated Assessment Districts, landscaping and lighting for those designated Assessment Districts, and sewer lift stations and appurtenant facilities for those designated Assessment Districts; and (d)The amount of the assessment which is proposed to be assessed on each such parcel is not proposed to be increased over the amount of the assessment which was levied on the parcel for fiscal year 2021-22. SE CTION 2.Intention.The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for Fiscal Year 2022-23,as set forth in the Report.Those assessments will be collected at the same time and in the same manner as county taxes are collected,and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SE CTION 3.Improvements.(i)The improvements authorized for Assessment Districts Nos.951 (Zone 1),951 (Zone 2),952 (Zones 1,2,2A and 3),953,956,959 (Zone 1),968, 974,975,976,981,982,986,989,991, 993,997,1001,1002,1005,1007,1012 and 1016 are: (a)The installation or planting of public landscaping and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water,irrigation,drainage or electrical facilities;and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. (ii)The improvements authorized for the Assessment Districts Nos. 962 and 963 are: (a)The installation or planting of sewer lift stations and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance or servicing thereof,and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. SECTIO N 4.Maintenance.(i)For Assessment Districts Nos.951 (Zone 1),951 (Zone 2),952 (Zones 1,2,2A and 3),953,956,959 (Zone 1),968, 974,975,976,981,982,986,989,991, 993,997,1001,1002,1005,1007,1012 and 1016,the maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation,and servicing of public landscape,including: (a)Repair,removal,or replacement of all,or any part of, the improvements thereon, including incidental drainage facilities. (b)Operation,maintenance,repair, and replacement of irrigation systems. (c)Servicing and maintenance of plantings and landscaping. (d)Repair and maintenance of incidental drainage facilities. (ii)For Assessment Districts Nos. 962 and 963 the maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance, operation,and servicing of sewer lift stations including: (a)Repair,removal,or replacement of all,or any part of, the improvements thereon, including incidental drainage facilities. (b)Repair and maintenance of incidental wastewater facilities. SECTIO N 5.Assessment Districts. The distinctive designation of each of the Assessment Districts is as follows:‘‘Assessment District No. 951 (Zones 1 and 2)(Wagonwheel Road Area)of the City of San Bernardino,’’‘‘Assessment District No.952 (Zones 1,2,2A)(State College Area)of the City of San Bernardino,’’‘‘Assessment District No.952 (Zone 3)(State College Area)of the City of San Bernardino,’’‘‘Assessment District No.953 (16th Street)of the City of San Bernardino,’’‘‘Assessment District No.956 (Carnegie Drive Area)of the City of San Bernardino,’’‘‘Assessment District No.959 (Zone 1)(Shandin Hills)of the City of San Bernardino,’’ ‘‘Assessment District No.962 (Pine Avenue Area)of the City of San Bernardino,’’‘‘Assessment District No.963 (Allen Street)of the City of San Bernardino,’’‘‘Assessment District No.968 (Airport Drive)of the City of San Bernardino,’’ ‘‘Assessment District No.974 (Rialto Avenue Between Eucalyptus and Pepper)of the City of San Bernardino,’’‘‘Assessment District No.975 (Pepper and Mill Area)of the City of San Bernardino,’’ ‘‘Assessment District No.976 (Pine and Belmont)of the City of San Bernardino,’’‘‘Assessment District No.981 (Meridian and Randall Avenue)of the City of San Bernardino,’’‘‘Assessment District No.982 (Piedmont Drive Area)of the City of San Bernardino,’’ ‘‘Assessment District No.986 (Rialto and Macy Area)of the City of San Bernardino,’’‘‘Assessment District No.989 (Mill and Macy Area)of the City of San Bernardino,’’ ‘‘Assessment District No.991 (Verdemont and Olive Area)of the City of San Bernardino,’’ ‘‘Assessment District No.993 (Cajon and June Area)of the City of San Bernardino,’’‘‘Assessment District No.997 (Chestnut Area)of the City of San Bernardino,’’‘‘Assessment District No.1001 (Pennsylvania and Birch Area)of the City of San Bernardino,’’‘‘Assessment District No.1002 (North ‘‘H’’Street Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1005 (Cajon and Pepper Linden Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1007 (Pepper and Randall Area)of the City of San Bernardino,’’ ‘‘Assessment District No.1012 (Mill/Burney Area)of the City of San Bernardino’’and ‘‘Assessment District No.1016 (Coulston Area)of the City of San Bernardino.’’The boundaries of each of the Assessment Districts are described and shown in the Report. SECTION 6.Report and Assessments.The Report,which is on file with the City Clerk,and which has been presented to the City Council at the meeting in which this resolution is adopted,is approved. Reference is made to the Report for a full and detailed description of the improvements,the boundaries of the Assessment District,the zones therein,and the proposed assessments upon assessable lots Packet Pg.704 and parcels of land therein for the 2022-23 fiscal year. SE CTION 7.Hearing.The time and place of the hearing required by the Assessment Law is set for 7:00 o'clock p.m.on July 20,2022 in the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SE CTION 8.Notice of Hearing. NOTICE IS HEREBY GIVENthat on the date and at the time and place specified in Section 7 hereof,the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2022-23.Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing,which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SE CTION 9.Publication.The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code.Upon completion of such publication,the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SE CTION 10.Designated Person. The City Council designates Spicer Consulting Group,LLC,telephone number (866)504-2067,as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2022-23. SE CTION 11.CEQA.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. SE CTION 12.Severability.If any provision of this Resolution or the application thereof to any person or circumstance is held invalid,such invalidity shall not affect other provisions or applications,and to this end the provisions of this Resolution are declared to be severable. SECTIO N 13.Effective Date.This Resolution shall become effective immediately. Resolution No.2022-88 was adopted on May 4,2022,at the Regular meeting of the Mayor and City Council by the following votes: AYES:Sanchez,Ibarra,Shorett, Reynoso,Calvin,Alexander NOES:None ABSENT:Figueroa, /s/Genoveva Rocha Genoveva Rocha,CMC,City Clerk Publish on:July 8,2022 7/8/22 SBS-3601750# Packet Pg.705 CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com PERLA LOPEZ CITY OF SAN BERNARDINO CITY CLERK 290 NORTH D ST. SAN BERNARDINO, CA 92401 GPNSB GOVERNMENT PUBLIC NOTICE-SB RESOLUTION NO. 2022-91 07/08/2022 Publication Total $764.86 $764.86 Notice Type: Ad Description COPY OF NOTICE 3601752 !A000006057171! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. RESOL UTION NO.202 2-91 RESOLU TION OF T HE MAYOR AND CI T Y COUNCIL OF THE CITY OF SA N BERNARDINO, CALIFORNIA,DECLARING INT ENTIO N TO LEVY AND COLLE CT A SSES SM ENTS WITHI N ASS ESSME NT DISTRICT S NOS.1 025 AND 1027 FOR FISCAL YEAR 2022-23, APPROVING T HE ENGINEER'S REP ORT A ND P ROVIDIN G NOTICE OF T HE TIME AND PLACE OF HEARING ON PROPOSED ASS ESSME NT S WHEREA S,the City Council of the City of San Bernardino (the ‘‘City Council’’)has established Assessment Districts Nos.1025 and 1027 of the City of San Bernardino (collectively,the ‘‘Assessment Districts’’)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 WHEREAS,on April 6,2022,the City Council adopted a resolution initiating proceedings to levy and collect assessments for fiscal year 2022-23 within the Assessment Districts and ordering the preparation of a report regarding assessments to be levied and collected within the Assessment Districts for fiscal year 2022-23 to pay the costs of the maintenance, servicing and operation of public landscaping and appurtenant facilities authorized by the Assessment Law;and WHEREA S,Spicer Consulting Group,LLC,the engineer designated by the City Council to prepare such report,has filed its report with the City Clerk and such report has been presented to and considered by the City Council;and WHEREA S,it is necessary that the City Council adopt a resolution of intention pursuant to the Assessment Law and,among other things,fixing and giving notice of the time and place of a public hearing on said report and the proposed assessments for said fiscal year; 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 above recitals are true and correct and are incorporated herein by this reference; (b)The report of Spicer Consulting Group,LLC (the ‘‘Report’’)contains all matters required by the Assessment Law and may, Packet Pg.706 therefore,be approved by the City Council;and (c)The assessments which are proposed to be levied on all parcels of assessable land within the Assessment Districts for fiscal year 2022-23 are determined pursuant 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 public landscaping and appurtenant facilities. SE CTION 2.Intention.The City Council declares that it intends to levy assessments on all lots and parcels of assessable land within the Assessment Districts for Fiscal Year 2022-23,as set forth in the Report.Those assessments will be collected at the same time and in the same manner as county taxes are collected,and all laws providing for the collection and enforcement of county taxes shall apply to the collection and enforcement of the assessments. SE CTION 3.Improvements.The improvements authorized for the Assessment Districts are: (a)The installation or planting of public landscaping and appurtenant facilities; (b)The installation or construction of any facilities which are appurtenant to any of the foregoing or which are necessary or convenient for the maintenance, servicing and operation thereof, including water,irrigation,drainage or electrical facilities;and (c)The maintenance or servicing, or both,of any of the foregoing, including all matters specified in the Assessment Law and the original engineer's report which are applicable thereto. SE CTION 4.Maintenance.The maintenance to be performed consists of the furnishing of services and materials for the ordinary and usual maintenance,operation,and servicing of public landscape, including: (a)Repair,removal,or replacement of all,or any part of, the improvements thereon, including incidental drainage facilities. (b)Operation,maintenance,repair, and replacement of irrigation systems. (c)Servicing and maintenance of plantings and landscaping. (d)Repair and maintenance of incidental drainage facilities. SE CTION 5.Assessment Districts. The distinctive designation of the Assessment Districts are ‘‘Assessment District No.1025 (Palm Avenue and Washington Avenue Area)of the City of San Bernardino’’and ‘‘Assessment District No.1027 (Waterman Avenue and Washington Street Area)of the City of San Bernardino.’’The boundaries of the Assessment Districts are described and shown in the Report. SECTIO N 6.Report and Assessments.The Report,which is on file with the City Clerk,and which has been presented to the City Council at the meeting in which this resolution is adopted,is approved. Reference is made to the Report for a full and detailed description of the improvements,the boundaries of the Assessment Districts,and the proposed assessments upon assessable lots and parcels of land therein for the 2022-23 fiscal year. SECTIO N 7.Hearing.The time and place of the hearing required by the Assessment Law is set for 7:00 o'clock p.m.on July 20,2022 in the Bing Wong Auditorium of the Norman F.Feldheym Public Library at 555 W.6th Street,San Bernardino,California,or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTIO N 8.Notice of Hearing. NOTI CE IS HEREB Y GIVEN that on the date and at the time and place specified in Section 7 hereof,the City Council will conduct the public hearing on the Report and the assessments to be levied on assessable lots and parcels of property in the Assessment Districts for fiscal year 2022-23.Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing,which protest must state all grounds of objection and describe the property within the Assessment Districts owned by any such person. SECTIO N 9.Publication.The City Clerk shall cause a copy of this resolution to be published once in The San Bernardino Sun as required by the Assessment Law and Section 6061 of the Government Code.Upon completion of such publication,the City Clerk shall file in her office a proof of publication demonstrating compliance with the requirements of this section. SECTIO N 10.Designated Person. The City Council designates Spicer Consulting Group,LLC,telephone number (866)504-2067,as the person to answer inquiries regarding the levying and collection of the assessments for fiscal year 2022-23. SECTIO N 11.CEQA.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA)in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.Where it can be seen with certainty,as in this case,that there is no possibility that the activity in question may have a significant effect on the environment,the activity is not subject to CEQA. SECTION 12.Severability.If any provision of this Resolution or the application thereof to any person or circumstance is held invalid,such invalidity shall not affect other provisions or applications,and to this end the provisions of this Resolution are declared to be severable. SECTION 13.Effective Date.This Resolution shall become effective immediately. Resolution No.2022-91 was adopted on May 4,2022,at the Regular meeting of the Mayor and City Council by the following votes: AYES:Sanchez,Ibarra,Shorett, Reynoso,Calvin,Alexander NOES:None ABSENT:Figueroa, /s/Genoveva Rocha Genoveva Rocha,CMC,City Clerk Publish on:July 8,2022 7/8/22 SBS-3601752# Packet Pg.707 4 2 2 PUBLIC HEARING City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community & Economic Development (CED) Subject:Warmington Homes – Palm Avenue Project (Ward 4) Recommendations It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1. Adopt Resolution No. 2022-157 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-02 changing the General Plan Land Use Designation of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial to Multiple-Family Residential; 2. Introduce, read by title only, and waive further reading of Ordinance No. MC-1588 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21-07 changing the Zoning District Classification of five (5) parcels (APN: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration; 3. Adopt Resolution No. 2022-158 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-13 (Tentative Parcel Map 20495) allowing the subdivision five (5) parcels (APNS: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type-P 21- Packet Pg.708 4 2 2 07 allowing the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single- family residences located on the northwest corner of E. Highland Avenue and N. Palm Avenue, pursuant to a Mitigated Negative Declaration; and 4. Schedule the adoption of the Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. Background On June 14, 2022, the Planning Commission, by a unanimous vote, adopted Resolution No. 2022-032 forwarding a recommendation that the Mayor and City Council: 1. Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and 2.Approve General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 based on the Findings of Fact and subject to the recommended Conditions of Approval. Discussion Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of: General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07 to change the General Plan Land Use Designation from Commercial to Multiple-Family Residential and the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of five (5) parcels containing a total of approximately 14.70 acres; Subdivision 21-13 (Tentative Parcel Map 20495) to subdivide five (5) parcels containing a total of approximately 14.70 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements; and Development Permit Type-P 21-07 to allow the development and establishment of a planned unit development comprised of one hundred thirty-three (133) detached single-family residences. General Plan Amendment/Development Code Amendment (Zoning Map Amendment) The subject property is comprised of five (5) parcels containing a total of approximately 14.70 acres located along the Highland Avenue corridor within the eastern portion of Packet Pg.709 4 2 2 the City of San Bernardino. The project site is located within the Commercial General (CG-1) zone and is current vacant and underutilized. The intent of the Commercial General (CG-1) and Residential Medium (RM)) zoning designations are described as follows, pursuant to Chapter 19.04 (Residential Zones) and Chapter 19.06 (Commercial Zones) of the City of San Bernardino Development Code: CG-1 (COMMERCIAL GENERAL) ZONE RM (RESIDENTIAL MEDIUM) ZONE This zone is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to service the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. This zone is intended to promote the development of multi-family townhomes, condominiums, and apartments at a maximum density of 12 units per net acre. The proposed project is requesting to change the Zoning District Classification of the project site to Residential Medium (RM) in order to allow the development of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences. Analysis The project site is located on the northwest corner of E. Highland Avenue and N. Palm Avenue, within the Commercial General (CG-1) zone. Table 1, below, provides a summary of the surrounding land use characteristics of the subject site and surrounding properties. TABLE 1: SITE AND SURROUNDING LAND USES LOCATION LAND USE ZONE GENERAL PLAN DESIGNATION Site Vacant Commercial General (CG-1)Commercial North Single-Family Residential Residential Suburban (RS)Single-Family Residential South Commercial Commercial General (CG-1)Commercial East Commercial and Single-Family Residential Commercial General (CG-1) and Residential Suburban (RS) Commercial and Single-Family Residential West Hospital Public Facilities (PF)Public/Quasi-Public With the concurrent approval of General Plan Amendment 21-02 and Development Packet Pg.710 4 2 2 Code Amendment (Zoning Map Amendment) 21-07, the proposed Planned Unit Development comprised of one hundred thirty-three (133) single-family residences is consistent with the polices of the City’s General Plan and complies with the City’s Development Code. The proposed Residential Medium (RM) zone allows for a density of twelve (12) residential dwellings per acre, which translates into a total of 176 allowable residences. The proposed Planned Unit Development comprised of one hundred thirty-three (133) residences translates into a density of nine (9) residential dwellings per acre. The homes planned for Warmington Residential – Palm Avenue are designed to create an inviting community that focuses on the comfort, safety, and active lifestyles of the homeowners. Homes within are oriented to front the private streets with both entry doors and primary windows, creating a strong sense of neighborhood. The home sites also provide a driveway space, 2-car enclosed private garages as well as privatized outdoor spaces with the homes within this neighborhood divided between conventional lots and clustered units each with two stories and three plan types ranging from 1,630 square feet to 2,456 square feet, and between 3 and 5 bedrooms. The design of each home focuses on open spacious plans that allows an abundance of natural light in and connects indoor and outdoor spaces. Each plan type has three elevation styles – Cottage, Prairie, and Farmhouse – that are inspired by the surrounding neighborhoods, while also providing well balanced details and high quality, durable finishes. Homes will feature solar panels, pre-wired EV charging within the garages as well as many other energy efficient features that meet today’s rigorous Cal Green standards. Packet Pg.711 4 2 2 By creating an uninterrupted and well landscaped pedestrian experience throughout the neighborhood, the sidewalks provide a safe environment for leisurely walks that connect the homes of future residents to each other as well as to both the passive and active outdoor recreation spaces featured within the neighborhood. Open Space/Landscaping: Creative landscaping at the Palm Avenue project has been designed for this new community to provide residences with an array of enjoyable common area opportunities. The proposed project provides a total of approximately 21,859 square feet of common open space acre. The common open space is provided primarily within two (2) landscaped parks. The proposed single-family residences provide a total of approximately 61,475 square feet of private open space within the backyard areas, which translates into approximately 691 square feet for the conventional lots and approximately 250 square feet for the clustered units. The total common and private open space area is approximately 83,334 square feet, which translates into approximately 627 square feet per single-family residence. Packet Pg.712 4 2 2 Landscaping within the common area will be environmentally friendly using California-friendly plant material, as well as the latest in smart irrigation technology, to conserve as much water as possible. Additionally, the proposed project provides forty-one (41) guest parking spaces. Access/Traffic: The project site will have direct primary access via a gated entry located along N. Palm Avenue. The internal site circulation has been designed to adequately accommodate on-site residential circulation and access to the garages and guest parking areas. An internal sidewalk and designated “paths of travel” have also been provided to ensure pedestrian safety. Secondary emergency fire access is provided from N. Orange Avenue. Finally, the City’s Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed development, and adequate traffic improvement measures will be implemented based upon the approved Traffic Impact Analysis and the recommendations of the City’s Traffic Engineer. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide Packet Pg.713 4 2 2 future development within the City, including the following: Enhance the aesthetic quality of land uses and structures in San Bernardino. Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. Control development and the use of land to minimize adverse impacts. With the approval of General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495) and Development Permit Type-P 21-07, the applicant will be revitalizing the subject site in a manner that will enhance the physical and visual qualities of the subject site thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through this project, the existing property will be transformed from a vacant underutilized site into a development that meets the City’s housing needs, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts. California Environmental Quality Act In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted and the Planning Division accepted an Initial Study/Mitigated Negative Declaration prepared in connection with General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494) and Development Permit Type-P 21-06. Accordingly, pursuant to §15072 (Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration for the proposed project was posted on May 11, 2022 for the CEQA-mandated twenty (20) day public review and comment period. During the twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration comments were received from the San Bernardino County Department of Public Works. Responses to those comments were incorporated into the Final Mitigated Negative Declaration for the proposed project (Attachment 9). Additionally, the project includes a Mitigation Monitoring and Reporting Program that incorporates all necessary measures to ensure that the proposed development does not create undue impacts in the vicinity of the project site. 2021-2025 Key Strategic Targets and Goals General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495) and Development Permit Type-P 21-07 aligns with Key Target No. 3: Improved Quality of Life. The one hundred thirty-three (133) single-family residences will help the City meet its State mandated housing requirements, will be consistent with the surrounding single-family residential land uses, and provides for a market rate housing stock. Fiscal Impact Development impact fees associated with the project will be approximately Packet Pg.714 4 2 2 $2,501,065. City services will be provided to this project similar to other single-family residential neighborhoods within the City and surrounding area. Conclusion With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the development comprised of one hundred thirty-three (133) single-family residences is consistent with the polices of the City’s General Plan, complies with the standards of the City’s Development Code, is compatible with the surrounding residential neighborhoods, meets the City’s Goals and Objectives, and will help the City meet its State mandated housing requirements. Therefore, it is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-157 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-02 changing the General Plan Land Use Designation of five (5) parcels (APNS: 0285-211-05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres from Commercial to Multiple-Family Residential; 2) Introduce, read by title only, and waive further reading of Ordinance No. MC-1588 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21-07 changing the Zoning District Classification of five (5) parcels containing a total of approximately 14.70 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration: 3) Adopt Resolution No. 2022-158 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-13 (Tentative Parcel Map 20495) allowing the subdivision of five (5) parcels (APNS: 0285-211- 05, 21, 22, 23 and 25) containing a total of approximately 14.70 acres into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type-P 21-07 allowing the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single- family residences located on the northwest corner of E. Highland Avenue and N. Palm Avenue, pursuant to a Mitigated Negative Declaration; and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. Attachments Packet Pg.715 4 2 2 Attachment 1 Resolution No. 2022-157 (Adopting MND / MMRP and Approving General Plan Amendment 21-02) Attachment 2 Resolution No. 2022-157 (Adopting MND / MMRP and Approving General Plan Amendment 21-02) – Exhibit A Attachment 3 Resolution No. 2022-157 (Adopting MND / MMRP and Approving General Plan Amendment 21-02) – Exhibit B Attachment 4 Ordinance No. MC-1588 (Approving Development Code Amendment [Zoning Map Amendment] 21-07) Attachment 5 Ordinance No. MC-1588 (Approving Development Code Amendment [Zoning Map Amendment] 21-07) – Exhibit A Attachment 6 Resolution No. 2022-158 (Approving Subdivision 21-13 [Tentative Parcel Map 20495] and Development Permit Type-P 21-07) Attachment 7 Resolution No. 2022-158 (Approving Subdivision 21-13 [Tentative Parcel Map 20495] and Development Permit Type-P 21-07) – Exhibit A Attachment 8 Resolution No. 2022-158 (Approving Subdivision 21-13 [Tentative Parcel Map 20495] and Development Permit Type-P 21-07) – Exhibit B Attachment 9 Final Initial Study/Mitigated Negative Declaration, dated June 8, 2022 Attachment 10 Planning Commission Resolution No. 2022-032 Attachment 11 Powerpoint Attachment 12 Newspaper Publication Ward Fourth Ward Synopsis of Previous Council Actions Click or tap here to enter text. None Packet Pg.716 Resolution No. 2022-157 Resolution No. 2022-157 July 20, 2022 Page 1 of 6 RESOLUTION NO. 2022-157 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT 21-02 CHANGING THE GENERAL PLAN LAND USE DESIGNATION OF FIVE (5) PARCELS (APN(S): 0285-211-05, 21, 22, 23, AND 25) CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES FROM COMMERCIAL TO MULTIPLE-FAMILY RESIDENTIAL. WHEREAS, together, General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 constitute the Warmington Residential – Palm Avenue Project ("Project"); and WHEREAS, General Plan Amendment 21-02 is a request to change the General Plan Land Use Designation from Commercial to Multiple-Family Residential of five (5) parcels containing a total of approximately 14.70 acres; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potentially significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”), attached hereto as Exhibit A, were prepared for the Project; and WHEREAS, on May 9, 2022, in accordance with State CEQA Guidelines Sections 15072 and 15073, a Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) was mailed to all organizations and individuals who previously requested such notice in writing, and notice was also made by way of publication consistent with CEQA’s requirements; and WHEREAS, on May 11, 2022, in accordance with State CEQA Guidelines Section 15072(d), the NOI was also posted by the Clerk for the County of San Bernardino Board of Supervisors to begin the 20-day public review period; and Packet Pg.717 Resolution No. 2022-157 Resolution No. 2022-157 July 20, 2022 Page 2 of 6 WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21- 02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City Council; and WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 21-02. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3.Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative Declaration for the Project, and the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines. SECTION 4.Findings of Fact – General Plan Amendment 21-02: Finding No. 1:The proposed amendment is internally consistent with the General Plan. Packet Pg.718 Resolution No. 2022-157 Resolution No. 2022-157 July 20, 2022 Page 3 of 6 Finding of Fact:The proposed amendment will change the General Plan Land Use Designation from Commercial to Multiple-Family Residential for the entirety project site containing approximately 14.70 acres. The Multiple- Family Residential General Plan Land Use Designation is intended to provide for the residential uses to meet the housing demand of current and future residents. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences, which is consistent with the existing single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the General Plan Land Use Designation of the entirety of the project site from Commercial to Multiple-Family Residential will facilitate the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single- family residences consistent with the existing surrounding single-family residential developments. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Draft Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Packet Pg.719 Resolution No. 2022-157 Resolution No. 2022-157 July 20, 2022 Page 4 of 6 Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact:The proposed amendment would result in the entirety of the project site having the Multiple-Family Residential General Plan Land Use Designation, which will allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences. The subject property is located abutting an existing single-family residential neighborhood. Therefore, the proposed change from Commercial to Multiple-Family Residential for the project site would allow the proposed project nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City. Finding No. 4:The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact:The project site is currently comprised of five (5) parcels that is proposed to be subdivided into one hundred thirty-three (133) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street. Utilities are provided to the site by the East Valley Water District. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 5.General Plan Amendment 21-02 to change the General Plan Land Use District from Commercial to Multiple-Family Residential of five (5) parcels (APN(S): 0285-211- 05, 21, 22, 23 and 25), attached hereto and incorporated herein by reference as Exhibit B, is hereby approved. SECTION 6.The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 7.Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 8.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Packet Pg.720 Resolution No. 2022-157 Resolution No. 2022-157 July 20, 2022 Page 5 of 6 Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.721 Resolution No. 2022-157 Resolution No. 2022-157 July 20, 2022 Page 6 of 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-157, adopted at a regular meeting held at the ___ day of _________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.722 MITIGATION MONITORING & REPORTING PROGRAM Highland Avenue and Palm Avenue Planned Residential Development General Plan Amendment (GPA) 21-02 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-07 Subdivision (SUB) 21-13 (Tentative Tract Map No.20495) Development Permit Type-P (DP-P) 21-07 City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner (909) 384-5313 June 8, 2022 Packet Pg.723 1 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: BIOLOGICAL RESOURCES BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre -construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Depar tment of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to en sure that animals do not re-enter the holes/dens. Upon completing the survey and any follow -up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. Planning Department Prior to the issuance of a grading permit BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion. Planning Department Prior to the issuance of a grading permit CULTURAL RESOURCES CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be Planning Department During ground disturbance activities Packet Pg.724 2 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. Planning Department During ground disturbance activities GEOLOGY AND SOILS (PALENTOLOGICAL RESOURCES) GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5- 10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. City Inspectors Prior to the issuance of a grading permit GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. City Inspectors During ground disturbance activities TRIBAL CULTURAL RESOURCES Packet Pg.725 3 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: TCR-1 -Tribal Monitoring. Due to the heightened cultural sensitivity of the proposed project area, Tribal monitors representing the San Manuel Band of Mission Indians shall be present for all ground-disturbing activities that occur within the native soil of the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of Tribal monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist, as detailed within CUL-1, and submitted to the Lead Agency for dissemination to the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI). Once all parties review and agree to the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan. Planning Department Prior to the issuance of a grading permit TCR-2- Treatment of Cultural Resources. If a pre-contact cultural resource is discovered during archaeological presence/absence testing, the discovery shall be properly recorded and then reburied in situ. A research design shall be developed by the archaeologist that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the archaeologist/applicant, and the Lead Agency shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the archaeological significance of the resource, its potential as a Tribal Cultural Resource (TCR), avoidance (or other appropriate treatment) of the discovered resource, and the potential need for construction monitoring during project implementation. Should any significant resource and/or TCR not be a candidate for avoidance or preservation in place, and the removal of the resource(s) is necessary to mitigate impacts, the research design shall include a comprehensive discussion of sampling strategies, resource processing, analysis, and reporting protocols/obligations. Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by SMBMI. All plans for analysis shall be reviewed and approved by the applicant and SMBMI prior to implementation, and all removed material shall City Inspectors During ground disturbance activities Packet Pg.726 4 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: be temporarily curated on-site. It is the preference of SMBMI that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by SMBMI, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI. All reburials are subject to a reburial agreement that shall be developed between the landowner and SMBMI outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, etc.). Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with SMBMI to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and SMBMI for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and SMBMI. TCR-3 – Inadvertent Discoveries of Human Remains/Funerary Objects. In the event that any human remains are discovered within the project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The on-site lead/foreman shall then immediately who shall notify SMBMI, the Planning Department During ground disturbance activities Packet Pg.727 5 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: applicant/developer, and the Lead Agency. The Lead Agency and the applicant/developer shall then immediately contact the County Coroner regarding the discovery. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 ®. The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD, Lead Agency, and landowner agree to discuss in good faith what constitutes “appropriate dignity” as that term is used in the applicable statutes. The MLD shall complete its inspection and make recommendations within forty-eight (48) hours of the site visit, as required by California Public Resources Code §5097.98. Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code §5097.98 (a) and (b). The MLD in consultation with the landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code §6254. Packet Pg.728 PROJECT SITE PROJECT: GPA 21-02 CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTIPLE-FAMILY RESIDENTIAL OF FIVE (5) PARCELS (APN(S): 0285-211-05, 21, 22, 23, AND 25) CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES NORTH EXHIBIT B – GENERAL PLAN AMENDMENT Packet Pg.729 Ordinance No. MC-1588 1 4 4 3 ORDINANCE NO. MC-1588 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 21-07 CHANGING THE ZONING DISTRICT CLASSIFICATION OF FIVE (5) PARCELS (APNS: 0285-211-05, 21, 22, 23 AND 25) CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM), PURSUANT TO A MITIGATED NEGATIVE DECLARATION. WHEREAS, together, General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 constitute the Warmington Residential – Palm Avenue Project ("Project"); and WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-07 is a request to allow the change of the Zoning District Classification from Commercial General (CG- 1) to Residential Medium (RM) of five (5) parcels containing a total of approximately 14.70 acres; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21- 02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City Council; and WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and Packet Pg.730 Ordinance No. MC-1588 2 4 4 3 WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 21-07; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3.Finding of Facts – Development Code Amendment (Zoning Map Amendment) 21-07 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:The proposed amendment will change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) for the entirety of the project site containing approximately 14.70 acres. The Residential Medium (RM) Zoning District Classification is intended to provide for residential development with a maximum of twelve (12) residences per acre. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences, which provide a density of nine (9) residences, per acre and is consistent with the surrounding single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. Packet Pg.731 Ordinance No. MC-1588 3 4 4 3 General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. Therefore, the proposed amendment is consistent with the General Plan. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the Zoning District Classification of the entirety of the project site from Commercial General (CG-1) to Residential Medium (RM) will facilitate the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single- family residences which is consistent with the surrounding single-family residential developments. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact:The proposed amendment would result in the entirety of the project site having the Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single- family residences. The subject property is located adjacent to an existing single-family residential neighborhood. Therefore, the proposed change from Commercial General (CG-1) to Residential Medium (RM) for the project site would allow the proposed project nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City. Packet Pg.732 Ordinance No. MC-1588 4 4 4 3 Finding No. 4:The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact:The project site is currently comprised of five (5) parcel that is proposed to be subdivided into one hundred thirty-three (133) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. The project site is generally flat, with access from N. Palm Avenue and N. Orange Street. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 4.Development Code Amendment (Zoning Map Amendment) 21-07 to change the Zoning District Classification of five (5) parcels (APNS: 0285-211-05, 21, 22, 23 and 25) from Commercial General (CG-1) to Residential Medium (RM), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. SECTION 5.Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. Packet Pg.733 Ordinance No. MC-1588 5 4 4 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.734 Ordinance No. MC-1588 6 4 4 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-____, adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.735 PROJECT SITE PROJECT: DCA (ZMA) 19-08 CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM) OF FIVE (5) PARCELS (APN(S): 0285-211-05, 21, 22, 23, AND 25) CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES NORTH EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) Packet Pg.736 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 1 of 27 4 4 0 RESOLUTION NO. 2022-158 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SUBDIVISION 21-13 (TENTATIVE TRACT MAP 20495) ALLOWING THE SUBDIVISION OF FIVE (5) PARCELS (APNS: 0285-211-05, 21, 22, 23 AND 25) CONTAINING A TOTAL OF APPROXIMATELY 14.70 ACRES INTO ONE HUNDRED THIRTY-THREE (133) SINGLE-FAMILY RESIDENTIAL LOTS AND NINE (9) LETTERED LOTS FOR COMMON FACILITY IMPROVEMENTS, AND DEVELOPMENT PERMIT TYPE-D 21-07 ALLOWING THE DEVELOPMENT AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT COMPRISED OF ONE HUNDRED THIRTY-THREE (133) DETACHED SINGLE-FAMILY RESIDENCES LOCATED ON THE NORTHWEST CORNER OF E. HIGHLAND AVENUE AND N. PALM AVENUE, PURSUANT TO A MITIGATED NEGATIVE DECLARATION WHEREAS, on October 26, 2021, pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), and Chapter 19.44 (Development Permits) an application for General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 was duly submitted by: Property Owner: Various Applicant: Warmington Residential California 3090 Pullman Street Costa Mesa, CA 92626 Property Address: Northwest corner of E. Highland Avenue and N. Palm Avenue. APNS: 0285-211-05, 21, 22, 23 and 25 Lot Area: 14.70 acres WHEREAS, together, General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 constitute the Warmington Residential – Palm Avenue Project ("Project"); and Packet Pg.737 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 2 of 27 4 4 0 WHEREAS, Subdivision 21-13 (Tentative Parcel Map 20495) is a request to allow the subdivision of the property into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements; and WHEREAS, Development Permit Type-P 21-07 is a request to allow the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences; and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has reviewed General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 for compliance with the California Government Code, compliance with the California Subdivision Map Act, consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-032 recommending the adoption of the Mitigated Negative Declaration, and the approval of General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 to the Mayor and City Council; and WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial Packet Pg.738 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 3 of 27 4 4 0 new information requiring substantial revisions that trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals), Chapter 19.66 (Subdivisions), and 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Subdivision 21-13 (Tentative Parcel Map 20494), and Development Permit Type-P 21-07. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3.Findings of Fact – Subdivision 21-13 (Tentative Parcel Map 20495). Finding No. 1:The proposed map is consistent with the General Plan. Finding of Fact:The proposed subdivision (Tentative Tract Map 20495) would subdivide the subject project site into one hundred thirty-three (133) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development containing approximately 14.70 acres. Additionally, the subdivision is consistent with General Plan goals and Policies and the relevant provisions of the Development Code. Finding No. 2:The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact:The proposed Tentative Tract Map will allow the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences which is compatible with the surrounding residential developments. Additionally, the proposed Tentative Tract Map will connect to existing water and sewer services, roads, storm drains, and private utilities. Therefore, the proposed subdivision is consistent with the following General Plan goals and policies: Packet Pg.739 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 4 of 27 4 4 0 General Plan Land Use Goal 2.2: Promote development that integrates with surrounding land uses. General Plan Land Use policy 2.7.5: Require that developments conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts. Finding No. 3:The site is physically suitable for the type of development. Finding of Fact:The proposed subdivision has been designed to meet the requirements of the Residential Medium (RM) zone and to accommodate the proposed Planned Unit Development. Finding No. 4:The site is physically suitable for the proposed density of development. Finding of Fact:The proposed subdivision with a density of nine (9) residential dwellings per acre has been designed to meet the density of twelve (12) residential dwellings per acre of the Residential Medium (RM) zone. Finding No. 5:The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Finding of Fact:In accordance with Public Resources Code, Section 15074, a Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with the Project, including the proposed subdivision. Therefore, no significant negative impacts on the environment are anticipated. Finding No. 6:The design of the subdivision or type of improvements will not cause serious public health problems. Finding of Fact:The design of the proposed subdivision meets all of the applicable Development Code requirements and will not result in any serious public health problems. The proposed parcels will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety. Finding No. 7:The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Packet Pg.740 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 5 of 27 4 4 0 Finding of Fact:The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 4.Findings of Fact – Development Permit Type-P 21-07. Finding No. 1:The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Finding of Fact:The proposed Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences is a permitted land use within the Residential Medium (RM) zone, subject to the approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the proposal under Development Permit Type-P 21- 07 will be developed in compliance with all of the applicable development standards and design guidelines of the Residential Medium (RM) zone. Therefore, the proposed development would not impair the integrity and character of the subject land use district. Finding No. 2:The proposed use is consistent with the General Plan. Finding of Fact:With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the proposed project is consistent with General Plan goals and policies including the following: Land Use Element Policy 2.2.1: Ensure compatibility between uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. Housing Element Goal 3.2: Conserve and improve the existing affordable housing stock and revitalize deteriorating neighborhoods. Housing Element Policy 3.5.4: Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs. Packet Pg.741 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 6 of 27 4 4 0 Community Design Element Policy5.5.1: Require new and in-fill development to be of compatible scale and massing as existing development yet allow the flexibility to accommodate unique architecture, colors, and materials in individual projects. The proposed Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences will provide additional housing opportunities within the City, consistent with these General Plan goals and policies. Additionally, the proposed project is permitted within the Residential Medium (RM) zone, subject to the approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. Finding No. 3:The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact:The proposed Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences will be harmonious and compatible with the existing single-family residential developments within the surrounding area. The scale and density of the proposed development is similar to that of the existing residential development in the area and it conforms to the development standards of the Residential Medium (RM) zone. With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the proposal is consistent with both the General Plan and Development Code, thus no land use conflict is expected to result from construction of the proposed project. Finding No. 4:The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and §19.20.030 of the Development Code. Finding of Fact:In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared in connection with General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495), and Development Permit Type-P 21-07 which analyzed the proposed Planned Residential Development. Finding No. 5:There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Packet Pg.742 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 7 of 27 4 4 0 Finding of Fact:In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared in connection with General Plan Amendment 21-02, Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Tract Map 20495), and Development Permit Type-P 21-07 which analyzed the proposed Planned Unit Development, and deemed that no significant negative impacts on resource for sensitive species or other biological resources. Finding No. 6:The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact:The proposed Planned Unit Development comprised of and Subdivision 21-13 (Tentative Tract Map 20495) single-family residences with a density of nine (9) residential dwellings per acre has been designed to meet the density of twelve (12) residential dwellings per acre of the Residential Medium (RM) zone. Finding No. 7:There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact:There are adequate provisions for public access, public utilities, and public services for the proposed Planned Unit Development comprised of one hundred thirty-three (133) single-family residences. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed project under Development Permit Type-P 21-07 will not be detrimental to public services or public health and safety. Finding No. 8:The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:With the concurrent approval of General Plan Amendment 21-02 and Development Code Amendment (Zoning Map Amendment) 21-07, the proposed Planned Unit Development comprised of one hundred (133) single-family residences conforms to all applicable development standards and land use regulations of the Residential Medium (RM) zone. Therefore, the design of the project, in conjunction with the recommended Conditions Packet Pg.743 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 8 of 27 4 4 0 of Approval, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 5. – Conditions of Approval. Subdivision 21-13 (Tentative Parcel Map 20495) and Development Permit Type-P 21-07, are hereby approved, subject to the following Conditions of Approval: 1. This approval is to allow the subdivision of the property into one hundred thirty-three (133) single-family residential lots and nine (9) lettered lots for common facility improvements; and, allow the development and establishment of a Planned Unit Development comprised of one hundred thirty-three (133) detached single-family residences. The project site is northwest corner of E. Highland Avenue and N. Palm Avenue within the Residential Medium (RM) zone. 2. The project site shall be developed and maintained in accordance with the plans stamped July 20, 2022 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan(s), exterior elevation(s), and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated July 20, 2022 and incorporated herein by reference, as Conditions of Approval. 4. Within two (2) years of the original approval date, the filing of the final map with the Mayor and City Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Mayor and City Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Mayor and City Council is the date on which the City Clerk receives the map. 5. Within two (2) years of the approval of the Development Permit, the commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: July 20, 2024 Packet Pg.744 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 9 of 27 4 4 0 6. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 7. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. 8. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 9. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work. 10. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards). 11. Minor Modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 12. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, East valley Water District, Public Works Department, and the City Clerk’s Office/Business Registration Division. Packet Pg.745 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 10 of 27 4 4 0 13. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 14. The Homeowner’s Association shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported. 15. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 16. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed. 17. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 18. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer. 19. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Building & Safety Division 20. All plans submitted shall conform to the California Building Code (2019). Please note that this will include the California Green Building Standards Code. 21. Project shall conform to Chapter 3 of the California Building Code (2019). 22. Project shall also conform to the requirements of Chapter 4 of the California Building Code (2019), Special Details Requirements Based on Use of Occupancy. 23. Provide sprinkler requirements for the occupant load according to California Building Code (2019). 24. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to Chapter 11A of the California Building Code (2019). 25. There shall be a formal plan submittal prior to all issuance of permits. Packet Pg.746 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 11 of 27 4 4 0 26. Refer to Chapter 7 of the California Building Code (2019) for Fire/Smoke Protection Requirements. Public Works Department 27. Drainage and Flood Control a. All necessary drainage and flood control measures shall be subject to requirements of the Building Official, which may be based in part on the recommendations of the San Bernardino County Department of Transportation and Flood Control. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b. A permit will be required from the San Bernardino County Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of- way. c. A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of- way dedicated as necessary. d. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e. If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. f. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments will be provided to the Engineer. g. A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD/USB copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. h. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD/USB copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. i. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. Packet Pg.747 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 12 of 27 4 4 0 j. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 28. Grading and Landscaping a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b. If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. c. If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. d. One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a minimum clear width of 3'-6". e. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. f. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. g. Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. h. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. Packet Pg.748 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 13 of 27 4 4 0 i. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. j. The project production landscape plan shall be reviewed and approved by Land Development, and shall be issued once the Final Tract Map has been recorded. k. The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan. 29. On-Site Utilities a. Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. c. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. d. Utility services shall be placed underground, and easements provided as required. e. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. f. Sewers within private streets or private parking lots will be maintained by EVWD but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A public sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 30. Mapping a. A Final Map based upon field survey will be required. b. The applicant‘s surveyor/engineer shall submit a Final Tract Map with supporting documents for review and approval to Land Development. The Final Tract map shall be recorded prior to building permit issuance. Packet Pg.749 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 14 of 27 4 4 0 31. Off-Site Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Dedication shall be Right of Way (feet) From Centerline Curb Widening shall be Curb Line (feet) From Centerline Highland Avenue (285-211-05, 285-211-21 285-211-22, 285-211-23 285-211-25) 41.25’ Existing 8.75’ Dedication for a total ½ width of 50’ “Major Arterial” 20’ Existing Dike 36’ Proposed Per General Plan Palm Avenue (285-211-05, 285-211-21 285-211-22, 285-211-23 285-211-25) 30’ Existing 20’ Dedication for a total ½ width of 50’ “Major Arterial” 36’ Existing None-Proposed Per General Plan Orange Avenue (285-211-05, 285-211-21 285-211-22, 285-211-23 285-211-25) 20’ Existing 10 Dedication “Local - Collector” 15’ Existing edge of pavement 20’ widening required from centerline Per General Plan b) Highland Avenue – TI = 10.0 : * - ** i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index. The City’s has a minimum standard for new streets (4” AC over 8” Base) except truck usage (9”AC over 12” Base); However, the Soils Report may indicate a thicker or different improvement, As directed by the City Engineer. ii) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. iii) The existing curb & gutter, sidewalk, and driveway fronting the site are in poor condition, replace/reconstruct curb & gutter panels, sidewalk panels, and driveways to City Standards. iv) Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. v) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. vi) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vii) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Packet Pg.750 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 15 of 27 4 4 0 Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System. viii) The replacement of the temporary CMP (Corrugated Metal Pipe) to a RCP (Reinforced Concrete Pipe) with an engineer’s calculations for depth and truck travel thickness can utilize the Storm Drain DIF (Development Impact Fee – Storm Drains) for a construction of the pipe. A cost reduction/removal of the Storm Drain-DIF shall use a construction estimate (City’s Cost Estimate – on the website). The total construction amount of the Storm Drain shall not exceed the calculated unit cost of the Storm Drain-DIF amount, if such cost exceeds the calculated unit amount, no additional credits shall be allowed, if the total construction cost is less than the calculated amount, then the remaining shall be paid prior to any Final or Certificate of Occupancy. Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer. ix) Install a city approved trash screen and filtration device in the catch basins. x) Underground existing Poles, Electrical lines above 34Kv can remain all other lines must be underground. If poles remain they must be relocated to 2’-0” from face of curb, As directed by the City Engineer. xi) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xii) No Parking will be allowed on Highland Avenue, install signs per city standards xiii) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. xiv) Non-Vehicular Access c) Palm Avenue – TI = 9.0 : * - ** i) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However, the Soils Report may indicate a thicker or different improvement. ii) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. iii) The existing curb & gutter, sidewalk, and driveway fronting the site are in good condition, if any curb & gutter panels, sidewalk panels, and driveways are lifted, cracked, or do not meet current ADA requirements, each of the panels shall be replaced per city standards, (Verify ADA By-pass Min. 48”). iv) If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, then a truck turning curb radius shall be 35’. An accessible bypass crossing the approach shall be provided to comply with current ADA standard, Packet Pg.751 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 16 of 27 4 4 0 thickness and reinforcement shall be determined by R value and TI or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. v) Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40’ from back of sidewalk, as directed by the Traffic Engineer. vi) When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”. vii) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). viii) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System. ix) Underground existing Poles. x) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xi) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. d) Orange Avenue – TI = 6.0 : * - ** xii) The street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However, the Soils Report may indicate a thicker or different improvement. xiii) For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements. xiv) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. xv) Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. xvi) Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Packet Pg.752 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 17 of 27 4 4 0 Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. xvii) No Driveways shall cross the prolongation of the property lines. xviii) Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40’ from back of sidewalk, as directed by the Traffic Engineer. xix) Construct 8" Curb and Gutter per City Standard No. 200, type “B”, Continue Curb and Gutter north to head wall of box culvert. xx) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb), continue sidewalk north to proposed access driveway. xxi) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System, as directed by the City Engineer. xxii) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xxiii) No Parking will be allowed on Orange Avenue, install signs per city standards xxiv) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. ** If a Scoping Form is required, this form shall indicate the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). Packet Pg.753 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 18 of 27 4 4 0 e) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2018-1 Service & 2018-1 Safety) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure, and Safety as required by the City to the satisfaction of the City Engineer. The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. f) If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. g) A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. h) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. i) The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. j) The above conditions shall comply with current codes, policies, and standards at time of construction. k) Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works. 32. Required Engineering Plans a) A complete submittal for plan checking shall consist of: street improvement plans (include engineering conditions, city standards, and cross sections in these plans), if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans, if traffic signal modifications are required, then traffic signal plans shall be submitted on separate plan sheets included in the street improvement plans, if signing and striping are required, then the signing and striping plan shall be on separate sheets included in the street improvement plans, Packet Pg.754 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 19 of 27 4 4 0 if lighting is required (more than 2) then the lighting for offsite plans shall be on separate sheets included in the street improvement plans, if two (2) or less then they can be included directly on the street improvement sheets, lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, water plans (shall be submitted to San Bernardino Municipal Water Department), CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org. or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_development_re sources/default.asp. Engineering conditions of the project shall be inserted in the last pages of the plans. c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval. e) Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/design_policy_and_procedur e_documents.asp 33. Traffic Requirements a) All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. b) All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans. Packet Pg.755 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 20 of 27 4 4 0 c) All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with the applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. d) In conjunction with standard City of San Bernardino development review procedure, on site traffic signing, and striping plans should be prepared in accordance with the applicable State and Federal standards. e) The final grading, landscaping , and street improvement plans should demonstrate that sight distance standards are met in accordance with the applicable City of San Bernardino / California Department of Transportation sight distance standards. f) Payment of the applicable local and regional impact fees shall be paid to the City of San Bernardino. 34. Integrated Solid Waste Management a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The Site Plan with a Plot Date of 5/17/2022, identifies 133 detached single-family residences located on the northwest corner of E. Highland Avenue and N. Palm Avenue. c. Based upon Burrtec Waste’s review, the applicant has prepared and submitted a Refuse Plan dated 02-25-2022, that identifies the location of all carts staged on the looped street system for collection. Burrtec has reviewed this Plan and finds it acceptable. Burrtec will therefore provide standard residential collection services to all lots for trash, mixed recyclables, and residential organics subject to implementation of the approved Refuse Plan. Implementation of the Plan shall be the responsibility of the Homeowners Association. d. Each single-family residence shall be provided a minimum 11-foot clear space on the main looped street system along the curb, for placement of their residential carts on collection day, with a minimum 2-foot setback and 23-foot vertical clearance of all obstructions such as walls, trees, street light poles, mailboxes, fences, and raised landscaping. e. Each single-family residence shall construct a 4’x11’ concrete pad located out of view of the public right-of-way for storage of the residential carts. If visible from the public right- of-way, the storage area must be screened. f. Display clear street widths on the Site Plan. g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways, shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. Packet Pg.756 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 21 of 27 4 4 0 San Bernardino County Hammerhead detail may be obtained from the Public Works Department. i. PLEASE NOTE: Any changes to the overall project design may adversely impact Burrtec Waste’s ability to provide service. Any design modifications that could impact service are subject to review and approval by the Public Works Department and Burrtec Waste. j. If gated, access shall be provided by means of a key, code, or remote. k. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. l. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222 35. Required Engineering Permits a) Grading and On-site improvements permit (LD). b) WQMP/Hydrology (THR). c) Final Tract Map (MP). d) Off-site improvement construction permit. (E). e) Traffic Control and Right-of-Way permit (ROW). f) CFD/Street Dedication permit (RP). 36. Applicable Engineering Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment at time of issuance. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_fee_schedule.as p San Bernardino County Consolidated Fire District 37. Access. The development shall have a minimum of two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. 38. Access – 150+ Feet. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. These shall be extended to within one hundred fifty (150) Packet Pg.757 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 22 of 27 4 4 0 feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. 39. Access – 30% Slope. Where the natural grade between the access road and building is in excess of thirty percent (30%), an access road shall be provided within one hundred and fifty (150) feet of all buildings. Where such access cannot be provided, a fire protection system shall be installed. Plans shall be submitted to and approved by the Fire Department. 40. Additional Requirements. In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. No street parking will be allowed. 41. Building Plans. Building plans shall be submitted to the Fire Department for review and approval. 42. Combustible Protection. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. 43. Combustible Vegetation. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% - Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater - Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. 44. Fire Fee. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division. 45. Fire Flow Test. Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand. You will be required to produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied. This requirement shall be completed prior to combination inspection by Building and Safety. 46. Fire Lanes. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. Packet Pg.758 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 23 of 27 4 4 0 47. Fire Sprinkler NFPA 13D. An automatic life safety fire sprinkler system complying with NFPA Pamphlet #13D and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor or be the approved homeowner/installer. The fire sprinkler contractor/installer shall submit plans with hydraulic calculations and manufacture's specification sheets to the Fire Department for approval. The required fees shall be paid at the time of plan submittal. Minimum water supply shall be in accordance with current fire department standards. The applicant or contractor shall contact their local water purveyor to obtain specifications on installing a residential fire sprinkler system within the jurisdiction of the water purveyor. The applicant shall attach a letter from the water purveyor indicating the types of systems allowed in that jurisdiction. 48. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non- paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road. 49. Inspection by the Fire Department. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves and signs off on the Building and Safety job card for “fire final”. 50. Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department”. Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department. 51. Key Box. An approved Fire Department key box is required. In commercial, industrial and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. 52. Override Switch. Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required. 53. Permit Expiration. Construction permits, including Fire Condition Letters, shall automatically expire and become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred with 180 days of any previous inspection. After a construction permit or Fire Condition Letter, becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. A request to extend the Fire Condition Letter or Packet Pg.759 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 24 of 27 4 4 0 Permit may be made in writing PRIOR TO the expiration date justifying the reason that the Fire Condition Letter should be extended. 54. Primary Access Paved. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions, including width, vertical clearance and turnouts. 55. Residential Addressing. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. 56. Solar. Solar / Photovoltaic System Plans. Plans shall be submitted online through EZOP to the Fire Department for review and approval. Plans must be submitted and approved prior to Conditional Compliance Release of Building. 57. Spark Arrestor. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with the California Fire Code. 58. Sprinkler Installation Letter. The applicant shall submit a letter to the Fire Department agreeing and committing to installation of a fire protection system prior to the building inspection for drywall and insulation. 59. Standard A-3 GATES AND OTHER OBSTRUCTIONS TO FIRE DEPARTMENT ACCESS. This standard shall apply to all obstructions, access control devices, traffic calming devices, or other similar systems within any roadways that serve as fire access in all new or existing residential, commercial, and industrial development. This standard does not apply to obstructions within parking aisles that do not serve as fire apparatus access roads. 60. Standard W-2 ONSITE FIRE PROTECTION WATER SYSTEMS. This standard establishes minimum requirements for installation and maintenance of all private fire hydrants and appliances related to an onsite fire protection system. 61. Street Sign. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed. Packet Pg.760 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 25 of 27 4 4 0 62. Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire Apparatus at a minimum of 80K pounds. 63. Water System. Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 1000 GPM for a two hour duration at 20 psi residual operating pressure. Fire Flow is based on a 3600 sq. ft. structure. 64. Water System Residential. A water system approved by the Fire Department is required. The system shall be operational prior to any combustibles being stored on the site. Detached single family residential developments may increase the spacing between hydrants to be no more than six hundred (600) feet and no more than three hundred (300) feet (as measured along vehicular travel-ways) from the driveway on the address side of the proposed single- family structure. SECTION 6. Notice of Determination. The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Packet Pg.761 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 26 of 27 4 4 0 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.762 Resolution No. 2022-158 Resolution No. 2022-158 July 20, 2022 Page 27 of 27 4 4 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-158, adopted at a regular meeting held at the ___ day of _________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.763 LEGEND:80SHEET INDEX:EASEMENTS:ALLARD ENGINEERINGTENTATIVE TRACT NO. 20495FEBRUARY 2022BASIS OF BEARINGS:BENCHMARK:ENGINEER/SURVEYOR:DEVELOPER/OWNER:ASSESSOR'S PARCEL NO.:ZONING:PROJECT AREA:TOPOGRAPHY:FLOOD ZONE:INDEX MAPLEGAL DESCRIPTION:NOTE:NOT TO SCALEVICINITY MAPRAW EARTHWORK ESTIMATE:UTILITIES:(909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE PARKING:&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;764 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;765 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;766 APN 0285-211-14(909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE HIGHLAND AVE.HIGHLAND AVE.HIGHLAND AVE.PALM AVENUEENTRANCEFROM PALM AVE.PALM AVENUE&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;767 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;768 Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022COVERA0.00NTSHIGHLAND & PALMSAN BERNARDINO, CALIFORNIADEVELOPER INFORMATIONWARMINGTON RESIDENTIAL | SOUTHERN CALIFORNIADIVISION3090 PULLMAN STREETCOSTA MESA, CA 92626CONTACT: JOE OFTELIEPHONE: (714) 434-4343EMAIL: JOFTELIE@WARMINGTONGROUP.COMCONSULTANT INFORMATIONKTGY ARCHITECTURE & PLANNING17911 VON KARMAN AVENUE, SUITE 200IRVINE, CA 92614CONTACT: ALAN SCALESPHONE: (949) 221-6256EMAIL: ASCALES@KTGY.COMARCHITECTURE:ALLARD ENGINEERING, INC.16866 SEVILLE AVENUEFONTANA, CA 92335CONTACT: RAY ALLARDPHONE: (909) 356-1815EMAIL: RALLARD@ALLARDENG.COMCIVIL:SHEET INDEXCivil Sheet IndexArchitectural Sheet IndexA0.00 - COVERA1.00 - SITE PLANA1.10 - ELEVATION STYLE ASSIGNMENTSA2.00 - PLAN 1 FRONT ELEVATIONSA2.10 - PLAN 1 'A' COTTAGE ELEVATIONSA2.20 - PLAN 1 'B' PRAIRIE ELEVATIONSA2.30 - PLAN 1 'C' FARMHOUSE ELEVATIONSA2.40 - PLAN 1 FLOOR PLANSA2.50 - PLAN 1 ROOF PLANSA3.00 - PLAN 2 FRONT ELEVATIONSA3.10 - PLAN 2 'A' COTTAGE ELEVATIONSA3.20 - PLAN 2 'B' PRAIRIE ELEVATIONSA3.30 - PLAN 2 'C' FARMHOUSE ELEVATIONSA3.40 - PLAN 2 FLOOR PLANSA3.50 - PLAN 2 ROOF PLANSA4.00 - PLAN 3 FRONT ELEVATIONSA4.10 - PLAN 3 'A' COTTAGE ELEVATIONSA4.20 - PLAN 3 'B' PRAIRIE ELEVATIONSA4.30 - PLAN 3 'C' FARMHOUSE ELEVATIONSA4.40 - PLAN 3 FLOOR PLANSA4.50 - PLAN 3 ROOF PLANSA5.00 - CLUSTER PLANA5.01 - CLUSTER PLANA6.00 - PLAN 4 FRONT ELEVATIONSA6.10 - PLAN 4 'A' COTTAGE ELEVATIONSA6.20 - PLAN 4 'B' PRAIRIE ELEVATIONSA6.30 - PLAN 4 'C' FARMHOUSE ELEVATIONSA6.40 - PLAN 4 FLOOR PLANSA6.50 - PLAN 4 ROOF PLANSA7.00 - PLAN 5 FRONT ELEVATIONSA7.10 - PLAN 5 'A' COTTAGE ELEVATIONSA7.20 - PLAN 5 'B' PRAIRIE ELEVATIONSA7.30 - PLAN 5 'C' FARMHOUSE ELEVATIONSA7.40 - PLAN 5 FLOOR PLANSA7.50 - PLAN 5 ROOF PLANSA8.00 - PLAN 6 FRONT ELEVATIONSA8.10 - PLAN 6 'A' COTTAGE ELEVATIONSA8.20 - PLAN 6 'B' PRAIRIE ELEVATIONSA8.30 - PLAN 6 'C' FARMHOUSE ELEVATIONSA8.31 - PLAN 6 REAR ELEVATIONS - ENHANCEDA8.40 - PLAN 6 FLOOR PLANSA8.50 - PLAN 6 ROOF PLANSA9.00 - COLOR & MATERIAL BOARD - COTTAGEA9.01 - COLOR & MATERIAL BOARD - PRAIRIEA9.02 - COLOR & MATERIAL BOARD - FARMHOUSEBMLA LANDSCAPE ARCHITECTURE310 NORTH JOY STREETCORONA, CA 92879CONTACT: CAROLINE (CARRIE) BINGHAMPHONE: (951) 737-1124 x. 127EMAIL: CARRIE@BMLA.NETLANDSCAPE:Landscape Sheet IndexL-1 - OVERALL PLANL-2 - OVERALL PLANL-3 - ENLARGEMENTSL-4 - WALL AND FENCE PLANL-5 - WALL AND FENCE PLANL-6 - WALL AND FENCE DETAILSSHEET 1 - TITLE SHEETSHEET 2 - TENTATIVE TRACT MAPSHEET 3 - CONCEPTUAL PLOTTINGSHEET 4 - CONCEPTUAL GRADING & UTILITIESSHEET 5 - CONCEPTUAL GRADING & UTILITIES&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;769 TR17RUP17RUP17RUP17RUPW.H.17RUP W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H .17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUP17RUP17RUP17RUP17RUP17RUP 17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP 17RUP17RUP17RUP17RUP 17RUP 17RUP17RUPW.H.17RUP121233354678104091113601415161721181920222625273028293142323436353739384161585954575356555251474950464845436265666370686910767797877110808281858483861158887929190939498991021011001031051041061081111091131121171141161181201191241221231211261251291271288913013113213324442364979695737271747576OPEN SPACELOT 'A'±13,944 SFOPEN SPACELOT 'D'OPEN SPACE LOT 'G' GATED COMMUNITY ENTRYOPEN SPACELOT 'C'OPEN SPACELOT 'E'OPEN SPACELOT 'B'±7,915 SF 26'-0" DRIVE AISLE P9'-0"TYP.20'-0" TYP.PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPP26'-0" DRIVE AISLE 26'-0" DRIVE AISLE 26'-0"DRIVE AISLE 20'-0" DRIVE AISLE 20'-0" DRIVE AISLE 48'-0" DRIVE AISLE 20'-0" 26'-0" DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE 26'-0"DRIVE AISLE26'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE20'-0"DRIVE AISLE 5'-0" TYP. 5'-0" TYP. 5'-0" TYP.5'-0"TYP.5'-0"TYP.20'-0"15'-6 1/2"PALM AVENUEHIGHLAND AVENUEPROJECT BOUNDARYPROJECT BOUNDARYPROJECT BOUNDARYPROJECT BOUNDARY PROJECT BOUNDARY PPPP20'-0" 8'-0"HIGHLAND AVEPALM AVE210 FREEWAYArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/25/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022SITE PLANA1.000248SITE SUMMARYProject Area: Gross 14.70 ac/ Net 14.52 acAPN: 0285-211-05, 21, 22, 23, 24 & 25UNIT SUMMARY45'x75' Conventional Lots: Total SF P1 (3bd+den+loft/ 2.5ba)19 du ±2,117sf 40,223 sf P2 (4bd (Opt. 5bd)+loft/ 3ba)20 du ±2,315sf 46,300 sf P3 (4bd (Opt. 5bd)+loft/ 3ba)22 du ±2,456sf 54,032 sf Total61 du 140,555 sfCluster Units: P4 (3bd+loft / 2.5ba)24 du ±1,630sf 39,120 sf P5 (4bd+loft / 3ba)24 du ±1,803sf 43,272 sf P6 (5bd / 3ba)24 du ±1,956sf 46,944 sf 72 units 129,336 sfOverall SF: 269,891 sfTotal Units: 133 unitsDensity: 9.0 du/acPARKING SUMMARYParking Provided: 268 spaces - Garage 268 spaces - 18' Driveway 41 spaces - Guest Parking 577 spaces - Total ParkingOPEN SPACE SUMMARYOpen Space Provided: Common Open SpaceLot A ±13,944 sfLot B ±7,915 sfTotal Common Open Space ±21,859 sf Private YardsPlan 1 ±700 sf x 19 units = ±13,300 sfPlan 2 ±675 sf x 21 units = ±14,175 sfPlan 3 ±700 sf x 22 units = ±15,400 sfPlan 4 ±250 sf x 24 units = ±6,000 sfPlan 5 ±250 sf x 24 units = ±6,000 sfPlan 6 ±275 sf x 24 units = ±6,600 sfTotal Private Open Space = ±61,475 sfVICINITY MAP (1:1000)&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;770 TR17RUP17RUP17RUP17RUPW.H.17RUP W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H .17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUP17RUP17RUP17RUP17RUP17RUP 17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP17RUP17RUP 17RUP 17RUP17RUP17RUP 17RUP17RUP17RUP17RUP 17RUP 17RUP17RUPW.H.17RUP121233354678104091113601415161721181920222625273028293142323436353739384161585954575356555251474950464845436265666370686910767797877110808281858483861158887929190939498991021011001031051041061081111091131121171141161181201191241221231211261251291271288913013113213324442364979695737271747576OPEN SPACELOT 'A'±13,944 SFOPEN SPACELOT 'D'OPEN SPACE LOT 'G' GATED COMMUNITY ENTRYOPEN SPACELOT 'C'OPEN SPACELOT 'E'OPEN SPACELOT 'B'±7,915 SF PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPALM AVENUEHIGHLAND AVENUEPROJECT BOUNDARYPROJECT BOUNDARYPROJECT BOUNDARYPROJECT BOUNDARY PROJECT BOUNDARY PPPArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/25/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022ELEVATION STYLE ASSIGNMENTSA1.1005010025LEGENDCOTTAGEPRAIRIEFARMHOUSEENHANCED ELEVATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;771 T.O.PLATEFFFF9'-1"9'-1" ±26'-0"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-6"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±26'-6"FINISH GRADEPLAN 1 FRONT ELEVATIONSA2.00Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-20220248'A' COTTAGE'B' PRAIRIE'C' FARMHOUSENOTE: *COLOR SCHEME B1 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME A1 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME C1 DEMONSTRATED ON ELEVATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;772 T.O.PLATEFFFF9'-1"9'-1" ±25'-6"FINISH GRADE'A' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Is Enhanced)12346789101112135141516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 1 'A' COTTAGE ELEVATIONSA2.100248FRONTLEFTREARRIGHT5872141069111237131415NOTE: *COLOR SCHEME A1 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;773 T.O.PLATEFFFF9'-1"9'-1" ±25'-1"FINISH GRADE'B' LEGEND (PRAIRIE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1234678910511Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 1 'B' PRAIRIE ELEVATIONSA2.200248FRONTLEFTREARRIGHT57621481039NOTE: *COLOR SCHEME B1 DEMONSTRATED ON ELEVATIONS11&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;774 T.O.PLATEFFFF9'-1"9'-1" ±26'-2"FINISH GRADE1234678910111213514'C' LEGEND (FARMHOUSE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundVertical Board and BattenCement Trim BandsStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 1 'C' FARMHOUSE ELEVATIONSA2.300248FRONTLEFTREARRIGHT5872141069123713141114NOTE: *COLOR SCHEME C1 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;775 W.H.17RUP75'-0"A/CENTRYGARAGE20'-1" x 21'-0"LIVING14'-6" x 13'-8"DINING10'-10" x 15'-9"PDR.DW STOVEREFKITCHEN9'-2" x 15'-9"SINK COAT RTOPANTRY45'-0"15'-0" 22'-0"5'-0"35'-0"5'-0"23'-8 1/2"11'-3 1/2"14'-7"20'-5"45'-0" 2'-0"43'-0" 38'-3 1/2"6'-8 1/2"DEN14'-0" x 14'-6"15'-0"REAR YARD17RDNPRIMARY BED14'-2" x 14'-10"PRIMARYBATHBATH 2BED 211'-2" x 13'-7"BED 311'-0" x 11'-7"LAUNDRY5'-6" x 6'-2"LIN.W.I.C.W.I.C.23'-8 1/2"11'-3 1/2"35'-0"6'-4"28'-8"38'-0" 2'-0"26'-3 1/2"9'-8 1/2"LOFT / TECH SPACE22'-2" x 8'-7"GROSS SF1ST FLOOR947 SQ. FT.2ND FLOOR1170 SQ. FT.TOTAL LIVING2117 SQ. FT.GARAGE439 SQ. FT.YARD708 SQ. FT.PLAN 1 FLOOR PLANA2.40Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-20220248FIRST FLOOR3 BEDS + DEN + LOFT/TECHSPACE / 2.5 BATHSECOND FLOOR&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;776 COTTAGE 'A'PITCH:4:12 UNOEAVE:12" UNORAKE:6" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGERIDGEFARMHOUSE 'C'PITCH:4:12 UNOEAVE:12" UNORAKE:6" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGERIDGERIDGE PRAIRIE 'B'PITCH:4:12 UNOEAVE:12" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGEArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-202204812PLAN 1 ROOF PLANSA2.50&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;777 T.O.PLATEFFFF9'-1"9'-1" ±26'-6"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±26'-6"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±27'-6"FINISH GRADEPLAN 2 FRONT ELEVATIONSA3.00Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-20220248'A' COTTAGE'B' PRAIRIE'C' FARMHOUSENOTE: *COLOR SCHEME B2 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME A2 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME C2 DEMONSTRATED ON ELEVATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;778 T.O.PLATEFFFF9'-1"9'-1" ±26'-2"FINISH GRADE'A' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Is Enhanced)12346789101112135141516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 2 'A' COTTAGE ELEVATIONSA3.100248FRONTLEFTREARRIGHT58721410611123713141512NOTE: *COLOR SCHEME A2 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;779 T.O.PLATEFFFF9'-1"9'-1" ±26'-2"FINISH GRADE'B' LEGEND (PRAIRIE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1234678910511Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 2 'B' PRAIRIE ELEVATIONSA3.200248FRONTLEFTREARRIGHT57621481039NOTE: *COLOR SCHEME B2 DEMONSTRATED ON ELEVATIONS11&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;780 T.O.PLATEFFFF9'-1"9'-1" ±27'-0"FINISH GRADE1234678910111213514'C' LEGEND (FARMHOUSE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundVertical Board and BattenCement Trim BandsStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 2 'C' FARMHOUSE ELEVATIONSA3.300248FRONTLEFTREARRIGHT5872146129713141511310NOTE: *COLOR SCHEME C2 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;781 75'-0"A/CENTRYGARAGE20'-1" x 21'-4"LIVING12'-4" x 15'-5"DINING13'-0" x 15'-5"BATH 3DW STOVE REFKITCHEN9'-1" x 15'-6"SINK PORCHCOATRTOW.H.17RUPPANTRY BED 49'-8" x 11'-6"47'-0" 38'-3 1/2"8'-8 1/2" 22'-0" 15'-0"35'-0"5'-0"5'-0"16'-3 1/2"18'-8 1/2"13'-0"OPTIONAL CABINETREAR YARD17RDNPRIMARY BED13'-9" x 16'-4"PRIMARYBATHBATH 2BED 211'-0" x 13'-2"BED 311'-0" x 13'-2"LOFT / OPT. BED 511'-10" x 10'-0"LAUNDRY9'-0" x 6'-0"LIN.W.I.C.43'-11"35'-0"18'-8"16'-4"1'-6"40'-0"2'-5"18'-8 1/2"16'-3 1/2"GROSS SF1ST FLOOR954 SQ. FT.2ND FLOOR1361 SQ. FT.TOTAL LIVING2315 SQ. FT.GARAGE446 SQ. FT.PORCH/PATIO675 SQ. FT.PLAN 2 FLOOR PLANA3.40Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-20220248FIRST FLOOR4 BEDS + LOFT / 3 BATH5 BEDS / 3 BATHSECOND FLOOR&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;782 RIDGE RIDGE RIDGECOTTAGE 'A'PITCH:4:12 UNOEAVE:12" UNORAKE:6" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSFARMHOUSE 'C'PITCH:4:12 UNOEAVE:12" UNORAKE:6" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGERIDGERIDGE PRAIRIE 'B'PITCH:4:12 UNOEAVE:12" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGERIDGEArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-202204812PLAN 2 ROOF PLANSA3.50&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;783 T.O.PLATEFFFF9'-1"9'-1" ±27'-4"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-6"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-6"FINISH GRADEPLAN 3 FRONT ELEVATIONSA4.00Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-20220248'A' COTTAGE'B' PRAIRIE'C' FARMHOUSENOTE: *COLOR SCHEME B3 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME A3 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME C3 DEMONSTRATED ON ELEVATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;784 T.O.PLATEFFFF9'-1"9'-1" ±27'-4"FINISH GRADE'A' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Is Enhanced)12346789101112135141516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 3 'A' COTTAGE ELEVATIONSA4.100248FRONTLEFTREARRIGHT5872141061112713141512NOTE: *COLOR SCHEME A3 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;785 T.O.PLATEFFFF9'-1"9'-1" ±25'-6"FINISH GRADE'B' LEGEND (PRAIRIE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1234678910511Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 3 'B' PRAIRIE ELEVATIONSA4.200248FRONTLEFTREARRIGHT57621481096NOTE: *COLOR SCHEME B3 DEMONSTRATED ON ELEVATIONS11&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;786 T.O.PLATEFFFF9'-1"9'-1" ±25'-6"FINISH GRADE1234678910111213514'C' LEGEND (FARMHOUSE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundVertical Board and BattenCement Trim BandsStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 3 'C' FARMHOUSE ELEVATIONSA4.300248FRONTLEFTREARRIGHT58721461271314151114109NOTE: *COLOR SCHEME C3 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;787 W.H.17RUP18'-0"A/CENTRYGARAGE20'-1" x 21'-6"LIVING14'-8" x 17'-4"DINING15'-4" x 10'-6"BATH 3DWSTOVE REFKITCHEN19'-8" x 8'-10"SINKPORCHCOATRTOPANTRYW.I.C.BED 410'-0" x 11'-6"75'-0" 2'-0"36'-2"11'-10" 50'-0"35'-0"16'-0"19'-0"4'-0"10'-7"20'-5"15'-0"10'-0"5'-0"5'-0"42'-0"8'-0"REAR YARD17RDNPRIMARY BED15'-3" x 15'-8"PRIMARYBATHW.I.C.BATH 2BED 211'-0" x 13'-11"BED 310'-0" x 12'-1"LOFT/ OPT. BED 510'-10" x 12'-11"LAUNDRY6'-10" x 12'-11"TECH/ LINENW.I.C.W.I.C.35'-0"16'-0"19'-0"44'-0"4'-0" 2'-0"34'-3 1/2"11'-8 1/2" 48'-0"GROSS SF1ST FLOOR1011 SQ. FT.2ND FLOOR1445 SQ. FT.TOTAL LIVING2456 SQ. FT.GARAGE448 SQ. FT.PORCH/PATIO723 SQ. FT.PLAN 3 FLOOR PLANA4.40Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-20220248FIRST FLOOR4 BEDS + LOFT/ 3 BATH5 BEDS / 3 BATHSECOND FLOOR&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;788 RIDGERIDGE RIDGERIDGECOTTAGE 'A'PITCH:4:12 UNOEAVE:12" UNORAKE:6" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSFARMHOUSE 'C'PITCH:4:12 UNOEAVE:12" UNORAKE:6" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGERIDGERIDGE PRAIRIE 'B'PITCH:4:12 UNOEAVE:12" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGERIDGE RIDGE A4.50Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-202204812PLAN 3 ROOF PLANS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;789 17RUP17RUP17RUP17RUP17RUP17RUP133'-0"P6P4P5124'-0" 43'-0 1/2"51'-5"29'-6 1/2"20'-0"DRIVE AISLE5'-0"3'-0" 10'-0"5'-0"15'-5 1/2"5'-0"66'-6"P6P4P55'-0"12'-9 1/2" 6'-0" 17'-11 1/2"18'-1 1/2" 4'-0" 18'-0"16'-1"14'-1 1/2"5'-0"5'-1"20'-2 1/2"18'-2 1/2"6'-0"3'-6" 3'-0" 5'- 0 "CLUSTER PLANSA5.00Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022048161ST FLOOR&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;790 17RDN17RDN17RDN17RDN17RDNLow RoofLow Roof17RDNLow RoofLow Roof133'-0"P6P55'-0" 10'-0"5'-0"15'-5 1/2"5'-0"66'-8"P66'-0" 17'-11 1/2" 14'-5"14'-1 1/2"12'-9 1/2"P4124'-0" 43'-0 1/2"51'-5"29'-6 1/2"P4P5CLUSTER PLANS.A5.01Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022048162ND FLOOR&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;791 T.O.PLATEFFFF9'-1"9'-1" ±24'-1"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±24'-1"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±24'-5"FINISH GRADEPLAN 4 FRONT ELEVATIONSA6.00Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-20220248'A' COTTAGE'B' PRAIRIE'C' FARMHOUSENOTE: *COLOR SCHEME B1 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME A1 DEMONSTRATED ON ELEVATIONSNOTE: *COLOR SCHEME C1 DEMONSTRATED ON ELEVATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;792 T.O.PLATEFFFF9'-1"9'-1" ±24'-1"FINISH GRADE'A' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Is Enhanced)12346789101112135141516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 4 'A' COTTAGE ELEVATIONSA6.100248FRONTLEFTREARRIGHT5872141061112713141512NOTE: *COLOR SCHEME A1 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;793 T.O.PLATEFFFF9'-1"9'-1" ±24'-1"FINISH GRADE'B' LEGEND (PRAIRIE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1234678910511Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 4 'B' PRAIRIE ELEVATIONSA6.200248FRONTLEFTREARRIGHT5721481096NOTE: *COLOR SCHEME B1 DEMONSTRATED ON ELEVATIONS11&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;794 T.O.PLATEFFFF9'-1"9'-1" ±24'-5"FINISH GRADE1234678910111213514'C' LEGEND (FARMHOUSE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundVertical Board and BattenCement Trim BandsStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative Muntins (On All Sides WhenRear Or Right Is Enhanced)1516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022PLAN 4 'C' FARMHOUSE ELEVATIONSA6.300248FRONTLEFTREARRIGHT58214612713141511109NOTE: *COLOR SCHEME C1 DEMONSTRATED ON ELEVATIONS16&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;795 2'-0 1/2"A/CENTRYGARAGE20'-2" x 20'-2"LIVING9'-11" x 14'-0"DINING11'-9" x 9'-2"PDR.DWSTOVEREFKITCHEN15'-6" x 9'-0"SINKPORCHRTOPANTRY17RUP11'-11 1/2"14'-11"6'-0" 34'-11"20'-9"16'-7 1/2"9'-1 1/2"46'-6"34'-11" 23'-6"5'-5"6'-0"17'-8"7'-3"11'-1"46'-6"REAR YARD10'-6"17RDNPRIMARY BED14'-1" x 14'-0"PRIMARYBATHBATH 2BED 211'-0" x 10'-0"BED 310'-0" x 11'-0"LAUNDRY9'-4" x 5'-5"LINENW.I.C.LOFT8'-1" x 7'-9"2'-0 1/2"11'-11 1/2"14'-11" 28'-11"20'-9"16'-7 1/2"9'-1 1/2"46'-6"28'-11"24'-6"4'-5"24'-9"21'-9"46'-6"LINENGROSS SF1ST FLOOR602 SQ. 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TIMBERLINEHDZ, HICKORYA1A2A3ASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, CHARCOALASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, BARKWOODSW 2739CHARCOAL BLUE&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;811 Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022A9.01COLOR & MATERIAL BOARDPRAIRIEPRAIRIEUPPERSTUCCOLOWERSTUCCOTRIM /GARAGE /FRONTDOORROOFSW 6163GRASSLANDB2B3SW 0038 LIBRARYPEWTERSW 6006 BLACKBEANSW 6169 SEDATEGRAYSW 9172 STUDIOCLAYSW 7047PORPOISESW 6259 SPATIALWHITEB1SW 7019GAUNTLET GRAYSW 6258 TRICORNBLACKASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, MISSIONBROWNASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, DRIFTWOODASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, CHARCOALNTS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;812 Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND PALMSAN BERNARDINO, CA KTGY # 2021-0431Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/24/20221st Submittal:10-26-2021Plot Date:2nd Submittal:02-25-2022A9.02COLOR & MATERIAL BOARDFARMHOUSEFARMHOUSESTUCCOSW 9170 ACIERTRIMSIDINGGARAGEC1C2C3SW 7000 IBISWHITESHUTTERSW 7046ANONYMOUSSW 7011 NATURALCHOICESW 7047PORPOISESW 7004SNOWBOUNDSW 7004SNOWBOUNDSW 7645 THUNDERGRAYC1C2C3ROOFASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, MISSIONBROWNASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, CHARCOALASPHALT SHINGLEROOFINGGAF - TIMBERLINEHDZ, MISSIONBROWNFRONTDOORSW 2839ROYCROFTCOPPER REDSW 6418 RURALGREENSW 7604 SMOKYBLUESW 2740 MINERALGRAYSW 7047PORPOISESW 7604 SMOKYBLUESW 7011 NATURALCHOICESW 7645 THUNDERGRAYSW 7000 IBISWHITESW 2740 MINERALGRAYNTS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;813 Sheet List Table Sheet Number Sheet Description Sheet Title 1 L-1 OVERALL PLAN 2 L-2 3 L-3 ENLARGEMENTS 4 L-4 WALL AND FENCE 5 L-5 WALL AND FENCE 6 L-6 DETAILS OVERALL PLAN SHRUBS SIZE WUCOLS ANIGOZANTHOS X `KANGA YELLOW` KANGA YELLOW KANGAROO PAW 1 GAL L CALLISTEMON VIMINALIS `LITTLE JOHN` DWARF WEEPING BOTTLEBRUSH 5 GAL L DIANELLA REVOLUTA `LITTLE REV` LITTLE REV FLAX LILY 1 GAL L DIANELLA TASMANICA `VARIEGATA` FLAX LILY 1 GAL L DIETES VEGETA AFRICAN IRIS 5 GAL L HESPERALOE PARVIFLORA RED YUCCA 5 GAL L JUNIPERUS HORIZONTALIS `BAR HARBOR` BAR HARBOR CREEPING JUNIPER 1 GAL L LANTANA CAMARA `NEW GOLD` NEW GOLD LANTANA 5 GAL L LANTANA MONTEVIDENSIS `PURPLE` PURPLE TRAILING LANTANA 1 GAL L LEUCOPHYLLUM LAEVIGATUM CHIHUAHUAN SAGE 5 GAL L LOMANDRA LONGIFOLIA `BREEZE` DWARF MAT RUSH 5 GAL M MUHLENBERGIA CAPILLARIS `REGAL MIST` REGAL MIST PINK MUHLY 1 GAL L RHAPHIOLEPIS INDICA `BALLERINA` BALLERINA INDIAN HAWTHORN 5 GAL M RHAPHIOLEPIS INDICA `CLARA` CLARA INDIAN HAWTHORN 5 GAL M ROSA FLORIBUNDA `ICEBERG` ICEBERG ROSE 5 GAL M ROSA X `NOARE` FLOWER CARPET RED GROUNDCOVER ROSE 2 GAL M ROSA X `NOASCHNEE` FLOWER CARPET WHITE GROUNDCOVER ROSE 5 GAL M ROSMARINUS OFFICINALIS `PROSTRATUS` DWARF ROSEMARY 1 GAL L ROSMARINUS OFFICINALIS `TUSCAN BLUE` TUSCAN BLUE ROSEMARY 5 GAL L SALVIA GREGGII AUTUMN SAGE 5 GAL L SALVIA LEUCANTHA MEXICAN BUSH SAGE 5 GAL M WESTRINGIA FRUTICOSA COAST ROSEMARY 5 GAL L PLANT SCHEDULE TREES BOTANICAL / COMMON NAME SIZE WUCOLS QTY ARBUTUS UNEDO - MULTI TRUNK STRAWBERRY TREE 24" BOX L 20 GEIJERA PARVIFLORA AUSTRALIAN WILLOW 15 GAL M 4 KOELREUTERIA BIPINNATA CHINESE FLAME TREE 24"BOX M 24 LAGERSTROEMIA X `TUSCARORA` TUSCARORA CRAPE MYRTLE 24"BOX M 3 PISTACIA CHINENSIS 'KEITH DAVEY' KEITH DAVEY CHINESE PISTACHE 24"BOX M 12 PLATANUS RACEMOSA CALIFORNIA SYCAMORE 48"BOX M 4 QUERCUS ILEX HOLLY OAK 24"BOX L 4 TRISTANIA CONFERTA BRISBANE BOX 24" BOX M 32 WASHINGTONIA FILIFERA CALIFORNIA FAN PALM 15 BTH L 2 WASHINGTONIA HYBRID HYBRID FAN PALM 15 BTH L 8 FRONT YARD TREE, SEE TYPICAL FRONT YARD ENLARGMENT 24" BOX VARIES 94 TREE_SCHEDULE 1 2 3 33 54 6 7 8 10 40 9 3031 42 3234363537393841 5453 555251474950464845 43 107 110 115 88 87 92 91 9093 94 9899 102 101 100 103 105 104 106 108 111 109 113112 117114 89 44 97 96 95 HIGHLAND AVEORANGE AVEFebruary 25, 2022 LANDSCAPE CONCEPT: This landscape will consist of California-Friendly,low and medium water use plant material.All plants have been chosen from the low or medium water use category according to WUCOLS.Shrubs have been chosen to create a uniform theme across the site consisting of Mediterranean and California friendly plant material.Maintenance and longevity of plant material has been taken into consideration.Root panels and barriers will be utilized on all trees where necessary.A 3"layer of bark mulch will be used in all landscape areas.All landscape areas will conform to the current City of San Bernardino Landscape Guidelines. IRRIGATION CONCEPT: The irrigation design will incorporate the latest in smart irrigation technologies.All new landscape areas will include high efficiency,low water use methods.All shrub planters will use drip line with an irrigation efficiency of .81.A smart irrigation controller with a rain shut off device will also be incorporated.Bark mulch will be used to retain moisture and reduce evaporation and an irrigation schedule will be provided to program the controller. Two irrigation schedules shall be prepared,one for plant establishment and one for after plant establishment.All new irrigation systems will comply with all current City of San Bernardino Landscape Guidelines.MATCHLINE SEE NEXT SHEETVICINITY MAP - NTS 0'40'80'120' PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTH NORTH L-1 HIGHLAND & PALM CONCEPTUAL LANDSCAPE PLAN OVERALL PLAN Packet Pg.814 SHRUBS SIZE WUCOLS ANIGOZANTHOS X `KANGA YELLOW` KANGA YELLOW KANGAROO PAW 1 GAL L CALLISTEMON VIMINALIS `LITTLE JOHN` DWARF WEEPING BOTTLEBRUSH 5 GAL L DIANELLA REVOLUTA `LITTLE REV` LITTLE REV FLAX LILY 1 GAL L DIANELLA TASMANICA `VARIEGATA` FLAX LILY 1 GAL L DIETES VEGETA AFRICAN IRIS 5 GAL L HESPERALOE PARVIFLORA RED YUCCA 5 GAL L JUNIPERUS HORIZONTALIS `BAR HARBOR` BAR HARBOR CREEPING JUNIPER 1 GAL L LANTANA CAMARA `NEW GOLD` NEW GOLD LANTANA 5 GAL L LANTANA MONTEVIDENSIS `PURPLE` PURPLE TRAILING LANTANA 1 GAL L LEUCOPHYLLUM LAEVIGATUM CHIHUAHUAN SAGE 5 GAL L LOMANDRA LONGIFOLIA `BREEZE` DWARF MAT RUSH 5 GAL M MUHLENBERGIA CAPILLARIS `REGAL MIST` REGAL MIST PINK MUHLY 1 GAL L RHAPHIOLEPIS INDICA `BALLERINA` BALLERINA INDIAN HAWTHORN 5 GAL M RHAPHIOLEPIS INDICA `CLARA` CLARA INDIAN HAWTHORN 5 GAL M ROSA FLORIBUNDA `ICEBERG` ICEBERG ROSE 5 GAL M ROSA X `NOARE` FLOWER CARPET RED GROUNDCOVER ROSE 2 GAL M ROSA X `NOASCHNEE` FLOWER CARPET WHITE GROUNDCOVER ROSE 5 GAL M ROSMARINUS OFFICINALIS `PROSTRATUS` DWARF ROSEMARY 1 GAL L ROSMARINUS OFFICINALIS `TUSCAN BLUE` TUSCAN BLUE ROSEMARY 5 GAL L SALVIA GREGGII AUTUMN SAGE 5 GAL L SALVIA LEUCANTHA MEXICAN BUSH SAGE 5 GAL M WESTRINGIA FRUTICOSA COAST ROSEMARY 5 GAL L PLANT SCHEDULE TREES BOTANICAL / COMMON NAME SIZE WUCOLS QTY ARBUTUS UNEDO - MULTI TRUNK STRAWBERRY TREE 24" BOX L 20 GEIJERA PARVIFLORA AUSTRALIAN WILLOW 15 GAL M 4 KOELREUTERIA BIPINNATA CHINESE FLAME TREE 24"BOX M 24 LAGERSTROEMIA X `TUSCARORA` TUSCARORA CRAPE MYRTLE 24"BOX M 3 PISTACIA CHINENSIS 'KEITH DAVEY' KEITH DAVEY CHINESE PISTACHE 24"BOX M 12 PLATANUS RACEMOSA CALIFORNIA SYCAMORE 48"BOX M 4 QUERCUS ILEX HOLLY OAK 24"BOX L 4 TRISTANIA CONFERTA BRISBANE BOX 24" BOX M 32 WASHINGTONIA FILIFERA CALIFORNIA FAN PALM 15 BTH L 2 WASHINGTONIA HYBRID HYBRID FAN PALM 15 BTH L 8 FRONT YARD TREE, SEE TYPICAL FRONT YARD ENLARGMENT 24" BOX VARIES 94 TREE_SCHEDULE 1211 13 14 60 15 16 17 21181920 22 26 2527302829 615859575655 62 65 66 63 70 6869 67 79 78 77 80 82 81 85 84 83 86 88 87 117 116 118 120 119 124 122 123 121 126 125 129 127 128 130 131 132 133 24 23 64 73 72 71 74 75 76 T R PALM AVEHIGHLAND AVE February 25, 2022 REFER TO OPEN SPACE ENLARGEMENT MATCHLINE SEE L-1PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTH0'40'80'120'L-2 HIGHLAND & PALM CONCEPTUAL LANDSCAPE PLAN OVERALL PLAN Packet Pg.815 W.H. TYPICAL FRONT YARD PLANTING PALETTE FARMHOUSE PRAIRIE COTTAGE MIDGROUND BACKGROUND SYMBOL PLANT TYPE SIZE UPRIGHT ACCENT COLUMN FORM FOREGROUND SMALL FRONT YARD TREE 1 GAL 15 GAL 5 GAL 5 GAL 24" Box NOTE:ALL FRONT YARD PLANT MATERIAL IS LOW OR MODERATELY LOW WATER USE (DROUGHT TOLERANT ONCE ESTABLISHED) A PLANT FACTOR OF .4 (MIXED WATER USE/MODERATELY LOW WATER USE) HAS BEEN USED FOR THE WATER USE CALCULATION ALL PLANTER AREAS WILL RECEIVE A 3" LAYER OF MEDIUM GRIND BARK MULCH. PLANTING PALETTE PER ELEVATION PLAN 1 PLAN 2 PLAN 3 CUPRESSUS SEMPERVIREN `TINY TOWER` TINY TOWER CYPRESS JUNIPERUS SCOPULORUM 'SKYROCKET' SKYROCKET JUNIPER LANTANA 'NEW GOLD' NEW GOLD LANTANA WESTRINGIA FRUTICOSA 'MORNING LIGHT' COAST ROSEMARY QUERCUS VIRGINIANA SOUTHERN LIVE OAK SANTOLINA CHAMAECYPARISSUS LAVENDER COTTON ACHILLEA MILLEFOLIUM COMMON YARROW PENNISETUM SPATHIOLATUM SLENDER VELDT GRASS AESCULUS CALIFORNICA CALIFORNIA BUCKEYE ROSA X NOARE RED GROUNDCOVER ROSE LAGERSTROEMIA X `ZUNI' ZUNI CRAPE MYRTLE SALVIA GREGGII AUTUMN SAGE PODOCARPUS MACROPHYLLUS 'MAKI' SHRUBBY YEW ROSMARINUS TUSCAN BL. TUSCAN BLUE ROSEMARY ROSMARINUS OFFICINALIS `PROSTRATUS`DWARF ROSEMARY T R February 25, 2022 CHARCOAL BBQ, ASH RECEPTACLE, AND WASTE RECEPTACLES CONCRETE STEPS WITH HANDRAILS SHADE STRUCTURE AND PICNIC-STYLE SEATING OVER TOPCAST CONCRETE SHRUB AND VINE SCREENING OPEN TURF PLAY AREA RESILIENT PLAY SURFACING AND NATURAL-THEMED PLAY EQUIPMENT CONCRETE SEAT WALL OPEN SPACE ENLARGEMENT 1"=10'-0" TYPICAL FRONT YARD PLANTING ENLARGEMENT 1"=10'-0" HEXAGON BY POLIGON PLAY BY MIRACLETABLE BY MIRACLE 0'10'20'30' PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTHL-3 HIGHLAND & PALM ENLARGEMENTS CONCEPTUAL LANDSCAPE PLAN Packet Pg.816 SYMBOL DESCRIPTION COLOR/FINISH MANUFACTURER TAN ORCO BLOCK OR PROTO II RETAINING WALLS PER CIVIL PLAN COLOR TAN, SPLIT FACE FOR EXTERIOR FACING, PRECISION FOR INTERIOR FACING WALLS ORCO BLOCK OR PROTO II 6`-0" HIGH VINYL FENCE TAN 6'-0" HIGH COMBO RETAINING WALL WITH VINYL FENCING ON TOP COLOR TAN, SPLIT FACE FOR INTERIOR FACING AT RETAINING, WITH TAN VINYL FENCE ORCO BLOCK OR PROTO II 6`-0" HIGH, 3`-0" WIDE VINYL GATE TAN 6`-6" HIGH 12X8X12 SPLITFACE PILASTER WITH CAP TAN ORCO BLOCK OR PROTO II VEHICULAR ENTRY GATE STEEL/BLACK PEDESTRIAN ENTRY GATE STEEL/BLACK EMERGENCY VEHICULAR ENTRY GATE STEEL/BLACK ENTRY SIGNAGE PIN-SET METAL LETTERS 6`-0" HIGH 8X6X18 DOUBLE-SIDED SPLIT FACE BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP WALL_SCHEDULE 1 2 3 33 54 6 7 8 10 40 9 3031 42 3234363537393841 5453 555251474950464845 43 107 110 115 88 87 92 91 9093 94 9899 102 101 100 103 105 104 106 108 111 109 113112 117114 89 44 97 96 95 HIGHLAND AVEORANGE AVE0'40'80'120' HIGHLAND & PALM WALL AND FENCE PLAN PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTHFebruary 25, 2022MATCHLINE SEE L-5L-4 CONCEPTUAL LANDSCAPE PLAN Packet Pg.817 1211 13 14 60 15 16 17 21181920 22 26 2527302829 6158595756 62 65 66 63 70 6869 67 79 78 77 80 82 81 85 84 83 86 88 87 117 116 118 120 119 124 122 123 121 126 125 129 127 128 130 131 132 133 24 23 64 73 72 71 74 75 76 T R PALM AVEHIGHLAND AVE SYMBOL DESCRIPTION COLOR/FINISH MANUFACTURER TAN ORCO BLOCK OR PROTO II RETAINING WALLS PER CIVIL PLAN COLOR TAN, SPLIT FACE FOR EXTERIOR FACING, PRECISION FOR INTERIOR FACING WALLS ORCO BLOCK OR PROTO II 6`-0" HIGH VINYL FENCE TAN 6'-0" HIGH COMBO RETAINING WALL WITH VINYL FENCING ON TOP COLOR TAN, SPLIT FACE FOR INTERIOR FACING AT RETAINING, WITH TAN VINYL FENCE ORCO BLOCK OR PROTO II 6`-0" HIGH, 3`-0" WIDE VINYL GATE TAN 6`-6" HIGH 12X8X12 SPLITFACE PILASTER WITH CAP TAN ORCO BLOCK OR PROTO II VEHICULAR ENTRY GATE STEEL/BLACK PEDESTRIAN ENTRY GATE STEEL/BLACK EMERGENCY VEHICULAR ENTRY GATE STEEL/BLACK ENTRY SIGNAGE PIN-SET METAL LETTERS 6`-0" HIGH 8X6X18 DOUBLE-SIDED SPLIT FACE BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP WALL_SCHEDULE 0'40'80'120' HIGHLAND & PALM PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTHFebruary 25, 2022MATCHLINE SEE SHEET L-4A - B - L-5 WALL AND FENCE PLAN CONCEPTUAL LANDSCAPE PLAN SECTION A SECTION B Packet Pg.818 ENTRY MONUMENT N.T.S. NOTE: MONUMENT MOUNTED TO WALL. FINAL LOGO AND GRAPHIC TO BE DETERMINED. PIN SET METAL LETTERS NAME HERENAME HERE 3'-0" WIDE VINYL GATE N.T.S. 3'-0" 6'-0"6'-6"6' SPLIT FACE EXTERIOR BLOCK WALL AND PILASTER N.T.S.6'-0" TALL VINYL FENCE N.T.S. 8'-0" 6'-0" EMERGENCY VEHICLE ACCESS GATE - N.T.S. KNOX BOX ON PROPERTY EXTERIOR PEDESTRIAN AND VEHICLE ENTRY GATES - N.T.S. PERFORATED STEEL MESH HEAVY DUTY SELF-CLOSING HINGES WALL RETURN 6'-0" BLOCK RETAINING WALL AND VINYL FENCE COMBO N.T.S. HIGHLAND & PALM WALL AND FENCE DETAILS PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTHFebruary 25, 2022L-6 CONCEPTUAL LANDSCAPE PLAN Packet Pg.819 MITIGATION MONITORING & REPORTING PROGRAM Highland Avenue and Palm Avenue Planned Residential Development General Plan Amendment (GPA) 21-02 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-07 Subdivision (SUB) 21-13 (Tentative Tract Map No.20495) Development Permit Type-P (DP-P) 21-07 City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner (909) 384-5313 June 8, 2022 Packet Pg.820 1 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: BIOLOGICAL RESOURCES BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre -construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Depar tment of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to en sure that animals do not re-enter the holes/dens. Upon completing the survey and any follow -up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. Planning Department Prior to the issuance of a grading permit BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion. Planning Department Prior to the issuance of a grading permit CULTURAL RESOURCES CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be Planning Department During ground disturbance activities Packet Pg.821 2 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. Planning Department During ground disturbance activities GEOLOGY AND SOILS (PALENTOLOGICAL RESOURCES) GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5- 10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. City Inspectors Prior to the issuance of a grading permit GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. City Inspectors During ground disturbance activities TRIBAL CULTURAL RESOURCES Packet Pg.822 3 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: TCR-1 -Tribal Monitoring. Due to the heightened cultural sensitivity of the proposed project area, Tribal monitors representing the San Manuel Band of Mission Indians shall be present for all ground-disturbing activities that occur within the native soil of the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of Tribal monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist, as detailed within CUL-1, and submitted to the Lead Agency for dissemination to the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI). Once all parties review and agree to the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan. Planning Department Prior to the issuance of a grading permit TCR-2- Treatment of Cultural Resources. If a pre-contact cultural resource is discovered during archaeological presence/absence testing, the discovery shall be properly recorded and then reburied in situ. A research design shall be developed by the archaeologist that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the archaeologist/applicant, and the Lead Agency shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the archaeological significance of the resource, its potential as a Tribal Cultural Resource (TCR), avoidance (or other appropriate treatment) of the discovered resource, and the potential need for construction monitoring during project implementation. Should any significant resource and/or TCR not be a candidate for avoidance or preservation in place, and the removal of the resource(s) is necessary to mitigate impacts, the research design shall include a comprehensive discussion of sampling strategies, resource processing, analysis, and reporting protocols/obligations. Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by SMBMI. All plans for analysis shall be reviewed and approved by the applicant and SMBMI prior to implementation, and all removed material shall City Inspectors During ground disturbance activities Packet Pg.823 4 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: be temporarily curated on-site. It is the preference of SMBMI that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by SMBMI, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI. All reburials are subject to a reburial agreement that shall be developed between the landowner and SMBMI outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, etc.). Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with SMBMI to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and SMBMI for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and SMBMI. TCR-3 – Inadvertent Discoveries of Human Remains/Funerary Objects. In the event that any human remains are discovered within the project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The on-site lead/foreman shall then immediately who shall notify SMBMI, the Planning Department During ground disturbance activities Packet Pg.824 5 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: applicant/developer, and the Lead Agency. The Lead Agency and the applicant/developer shall then immediately contact the County Coroner regarding the discovery. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 ®. The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD, Lead Agency, and landowner agree to discuss in good faith what constitutes “appropriate dignity” as that term is used in the applicable statutes. The MLD shall complete its inspection and make recommendations within forty-eight (48) hours of the site visit, as required by California Public Resources Code §5097.98. Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code §5097.98 (a) and (b). The MLD in consultation with the landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code §6254. Packet Pg.825 FINAL Initial Study/Mitigated Negative Declaration Highland Avenue and Palm Avenue Planned Residential Development General Plan Amendment (GPA) 21-02 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-07 Subdivision (SUB) 21-13 (Tentative Tract Map No.20495) Development Permit Type-P (DP-P) 21-07 Lead Agency: City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner (909) 384-5313 Consultant: Romo Planning Group, Inc. 9431 Haven Avenue, Ste. 232 Rancho Cucamonga, CA 91730 June 8, 2022 Packet Pg.826 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 i TABLE OF CONTENTS 1.0 INTRODUCTION .................................................................................................................. 1 1.1 Purpose of the Initial Study......................................................................................... 1 1.2 Purpose of a Mitigated Negative Declaration ............................................................. 1 1.3 Response to Comments/Initial Study /Mitigated Negative Declaration Document...... 1 1.4 Public Review and Processing of Document ................................................................ 1 2.0 PROJECT BACKGROUND ..................................................................................................... 3 2.1 Project Location .......................................................................................................... 3 2.2 Project Description ..................................................................................................... 3 2.3 Existing Site Conditions/Environmental Setting .......................................................... 4 2.4 Existing General Plan/Zoning Designations ................................................................. 5 3.0 INITIAL STUDY CHECKLIST .................................................................................................. 8 3.1 AESTHETICS ............................................................................................................ 11 3.2 AGRICULTURE AND FORESTRY RESOURCES ............................................................. 14 3.3 AIR QUALITY ........................................................................................................... 17 3.4 BIOLOGICAL RESOURCES ......................................................................................... 27 3.5 CULTURAL RESOURCES ........................................................................................... 32 3.6 ENERGY................................................................................................................... 36 3.7 GEOLOGY AND SOILS .............................................................................................. 39 3.8 GREENHOUSE GAS EMISSIONS ................................................................................ 46 3.9 HAZARDS AND HAZARDOUS MATERIALS ................................................................. 51 3.10 HYDROLOGY AND WATER QUALITY ........................................................................ 59 3.11 LAND USE AND PLANNING ...................................................................................... 67 3.12 MINERAL RESOURCES ............................................................................................. 69 3.13 NOISE ..................................................................................................................... 70 3.14 POPULATION AND HOUSING .................................................................................. 78 3.15 PUBLIC SERVICES .................................................................................................... 80 3.16 RECREATION ........................................................................................................... 83 3.17 TRANSPORTATION .................................................................................................. 85 3.18 TRIBAL CULTURAL RESOURCES ............................................................................... 89 3.19 UTILITIES AND SERVICE SYSTEMS ............................................................................ 94 3.20 WILDFIRE ................................................................................................................ 99 3.21 MANDATORY FINDINGS OF SIGNIFICANCE ............................................................ 100 Packet Pg.827 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 ii APPENDICES (Under separate cover) A. Air Quality and Greenhouse Gas Technical Memorandum, KPC EHS Consultants, November 8, 2021. B. Biological Habitat Assessment, Michael V. Grimes, December 20, 2021. C. Geotechnical and Infiltration Evaluation, GeoTek Inc., July 30, 2021. D. Phase I Environmental Site Assessment, Stantec, July 30, 2021. E. Phase II Environmental Site Assessment, Stantec, August 27, 2021. F. Preliminary Drainage Report, Allard Engineering, October 12, 2021. G. Preliminary Water Quality Management Plan, Allard Engineering, (Undated). H. Noise Assessment Technical Memorandum, KPC EHS Consultants, January 1, 2022. I. Vehicle Miles Traveled Screening Analysis, TJW Engineering, March 10, 2022. LIST OF EXHIBITS Exhibit 1: Project Location Map/Aerial Photo ............................................................................. 6 Exhibit 2: Site Plan ...................................................................................................................... 7 LIST OF TABLES Table 1: Existing and Surrounding Land Uses ............................................................................ 5 Table 2: Existing and Surrounding General Plan and Zoning Designations/Classifications ......... 5 Table 3: Attainment Status of Criteria Pollutants in the South Coast Air Basin ......................... 19 Table 4: Air Quality Management Plan Growth Assumptions ................................................... 20 Table 5: South Coast Air Quality Management District Air Quality Significance Thresholds...... 22 Table 6: Maximum Daily Peak Construction Emissions ............................................................. 23 Table 7: Maximum Daily Peak Operational Emissions ............................................................... 24 Table 8: Localized Significance Threshold Analysis .................................................................... 24 Packet Pg.828 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 iii Table 9: Estimated Annual Energy Consumption ...................................................................... 37 Table 10: Total Project Greenhouse Gas Emissions .................................................................. 47 Table 11: Typical Construction Equipment Noise Levels .......................................................... 71 Table 12: Typical Vibration Levels for Construction Equipment ................................................ 75 Packet Pg.829 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 iii EXECUTIVE SUMMARY Project Name/File No(s). Highland Ave, & Palm Ave. Residential Project/TTM 20495 General Plan Amendment (GPA) 21-02 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21- 07 Subdivision (SUB) 21-13 Development Permit Type-P (DP-P) 21-07 Lead Agency Contact City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner 909-384-5313 martin_tr@sbcity.org Project Proponent Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 Moses Kim, (562) 822-0806 Project Summary The Project proposes to amend the General Plan and Zoning Map from CG- 1 (General Commercial) to RM (Residential Medium) and subdivide 14.7 gross acres into individual lots to develop a planned residential development consisting of 133 single-family detached homes, open space, and private streets. Project Location Assessor Parcel Nos: 0285-211-05, 21, 22, 23, , and 25. Packet Pg.830 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 iv Based on this Initial Study document, the Project will result in the following impacts to the environment: 4.4 Biological Resources Grading may impact the burrowing owl and nesting birds. BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Department of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to ensure that animals do not re-enter the holes/dens. Upon completing the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no- construction buffer shall be established and/or monitored by the qualified biologist at their discretion. 4.5 Cultural Resources Grading may impact sub-surface archaeological resources. CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre- contact finds and be provided information after the archaeologist makes Initial Study Section Description of Impact Mitigation Measure Packet Pg.831 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 v his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. 4.7 Geology and Soils Grading may impact sub-surface paleontological resources. GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5-10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. 4.18 Tribal Cultural Resources Grading may impact sub-surface tribal cultural resources. TCR-1 -Tribal Monitoring. Due to the heightened cultural sensitivity of the proposed project area, Tribal monitors representing the San Manuel Band of Mission Indians shall be present for all ground-disturbing activities that occur within the native soil of the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of Tribal monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist, as detailed Packet Pg.832 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 vi within CUL-1, and submitted to the Lead Agency for dissemination to the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI). Once all parties review and agree to the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan. TCR-2- Treatment of Cultural Resources. If a pre-contact cultural resource is discovered during archaeological presence/absence testing, the discovery shall be properly recorded and then reburied in situ. A research design shall be developed by the archaeologist that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the archaeologist/applicant, and the Lead Agency shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the archaeological significance of the resource, its potential as a Tribal Cultural Resource (TCR), avoidance (or other appropriate treatment) of the discovered resource, and the potential need for construction monitoring during project implementation. Should any significant resource and/or TCR not be a candidate for avoidance or preservation in place, and the removal of the resource(s) is necessary to mitigate impacts, the research design shall include a comprehensive discussion of sampling strategies, resource processing, analysis, and reporting protocols/obligations. Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by SMBMI. All plans for analysis shall be reviewed and approved by the applicant and SMBMI prior to implementation, and all removed material shall be temporarily curated on-site. It is the preference of SMBMI that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by SMBMI, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground-disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI. All reburials are subject to a reburial agreement that shall be developed between the landowner and SMBMI outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, etc.). Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with SMBMI to identify an American Association of Museums (AAM)-accredited facility Packet Pg.833 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 vii within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and SMBMI for their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and SMBMI. TCR-3 – Inadvertent Discoveries of Human Remains/Funerary Objects. In the event that any human remains are discovered within the project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The on-site lead/foreman shall then immediately who shall notify SMBMI, the applicant/developer, and the Lead Agency. The Lead Agency and the applicant/developer shall then immediately contact the County Coroner regarding the discovery. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 ®. The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD, Lead Agency, and landowner agree to discuss in good faith what constitutes “appropriate dignity” as that term is used in the applicable statutes. The MLD shall complete its inspection and make recommendations within forty-eight (48) hours of the site visit, as required by California Public Resources Code §5097.98. Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code §5097.98 (a) and (b). The MLD in consultation with the landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The Packet Pg.834 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 viii applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code §6254. 4.19 Utilities and Service Systems Grading, trenching, or digging for the installation of water lines, sewer lines, storm drainage facilities, and utility connections may impact biological resources, cultural resources, paleontological resources, and tribal cultural resources. BIO-1, BIO-2, CR-1, CR-2, GEO-1, TCR-1 through TCR-3. Packet Pg.835 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 Page 1 1. INTRODUCTION 1.1-Purpose of the Initial Study/Mitigated Negative Declaration The California Environmental Quality Act (CEQA) requires that for projects not exempt from CEQA, a preliminary analysis must be conducted to determine whether a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report should be prepared for the project. This preliminary analysis is called an “Initial Study.” Based on the Initial Study prepared for this Project, the City of San Bernardino Planning Division recommends that a Mitigated Negative Declaration be adopted for this Project. A Mitigated Negative Declaration is a written statement by the City that the Initial Study identified potentially significant environmental effects caused by the Project, but mitigation measures are required to eliminate or mitigate impacts to less than significant levels. 1-2 -Public Review of the Initial Study/Mitigated Negative Declaration This Initial Study/Mitigated Negative Declaration and a Notice of Intent to Adopt the Mitigated Negative Declaration was distributed to the following entities for a 20‐day public review period: 1) Organizations and individuals who have previously requested such notice in writing to the City of San Bernardino. 2) Responsible and trustee agencies (public agencies that have a level of discretionary approval over some component of the proposed Project); and 3) Owners of property located within 500 feet of the exterior boundaries of the project site. 3) The San Bernardino County Clerk. The Notice of Intent was also noticed to the general public in the San Bernardino Sun, a primary newspaper of circulation in the areas affected by the Project. Packet Pg.836 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 Page 2 1.3- Responses to Comments on the Initial Study/Mitigated Negative Declaration The Initial Study/Mitigated Negative Declaration (ISMND), was circulated for a 20-day public review period. The City of San Bernardino received one comment letter from the County of San Bernardino County Public Works Department, dated June 1, 2022. The response to this letter is contained in the Response to Comments as part of the administrative record for this Final Initial Study/Mitigated Negative Declaration. There was one change made to the ISMND as shown below. 2.1 Project Location The Project site is located on the northwest corner of Highland Avenue and Palm Avenue. The Project site is also identified by the following Assessor Parcel Numbers: 0285-211-05, 21, 22, 23, 24, and 25. The identification of APN: 0285-211-24 was erroneously included in the Project Description. This parcel is a narrow lot that is part of the gas station development to the east. The deletion of this parcel is a minor techncial edit that does not change the impact analysis or conclusions in the ISMND. Packet Pg.837 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 2.0 Project Background Page 3 2.0 PROJECT BACKGROUND 2.1 Project Location The Project site is located on the northwest corner of Highland Avenue and Palm Avenue. The Project site is also identified by the following Assessor Parcel Numbers: 0285-211-05, 21, 22, 23, 24, and 25. 2.2 Project Description The Project Proponent, Warmington Residential, submitted the following applications to the City of San Bernardino, which comprise the proposed Project: ▪ General Plan Amendment (GPA) 21-02 changing the land use designation from C (Commercial) to Multi-Family Residential (MFR). ▪ Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-07 from CG-1 (Commercial General) to RM (Residential Medium). ▪ Subdivision (SUB) 21-13 (Tentative Tract Map No. 20495) allows the subdivision of 14.7 gross acres into 133 residential lots with a range of 1,839 square feet 3,825 square feet. ▪ Development Permit Type-P (DP-P) 21-07 to allow the development of a Planned Residential Development (PRD) community consisting of detached single-family dwelling units on individual lots and open space areas. The proposed homes are two-story detached homes with three (3) floor plans, ranging from 1,650 square feet to 2,450 square feet. The Project’s application materials are on file with the City of San Bernardino Planning Division, 201 North E Street, 3rd Floor San Bernardino CA 92401, and are hereby incorporated by reference. Site Improvements The primary site improvements are described as follows: Street Improvements and Access Primary access is proposed from a private street within a 48-foot-wide right-of-way from Palm Avenue. Internal streets will be private streets within a 26-foot right-of-way with exit only and emergency vehicle access from Orange Street. Packet Pg.838 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 2.0 Project Background Page 4 Water and Wastewater Improvements Water: The Project is proposing to connect to the existing 12-inch diameter water main in Palm Avenue. Sewer: The Project will connect to the existing 8-inch diameter sewer main in E. Highland Avenue. No off-site sewer or water line extensions are needed to serve the Project site. Drainage Improvements In the proposed developed condition, the site will drain via sheet flow, swales, onsite storm drains and “V” gutters into Contech chamber systems (5-total) and a retention/infiltration basin. The site runoff will outlet via the retention/infiltration basin and discharge to the existing master storm drain system in Highland Avenue which ultimately drains to the Baldridge Creek Channel storm drainage facility maintained by the San Bernardino County Flood Control District. Construction Duration Construction duration is estimated to occur over 360 days. Operational Characteristics The Project would be operated as a residential community. Typical operational characteristics include residents and visitors traveling to and from the site, delivery of merchandise and supplies to the residents, and maintenance activities. 2.3 Existing Site Conditions/Environmental Setting CEQA Guidelines §15125 establishes requirements for defining the environmental setting to which the environmental effects of a proposed project must be compared. The environmental setting is defined as “…the physical environmental conditions in the vicinity of the project, as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time the environmental analysis is commenced…” (CEQA Guidelines §15125[a]). A Notice of Preparation was not required when the Initial Study was commenced. Thus, the environmental setting for the Project is the approximate date that the Project’s Initial Study began in October 2021. The 14.7 gross acre site is currently undeveloped vacant land. Existing developments adjacent to the southeast corner and southwest corner of the site are not part of the subject site. A drainage channel, about 10 feet deep, is situated along the northwest property boundary. The site slopes downward to the southwest with about 50 feet of elevation differential. The site is bordered by Packet Pg.839 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 2.0 Project Background Page 5 Highland Avenue to the south, Palm Avenue to the east, and Orange Street to the west. Existing and surrounding land uses, and General Plan/Zoning designations are shown in Table 1, Existing Land Uses and General Plan/Zoning Designations & Classifications below. Table 1. Existing Land Uses and General Plan/Zoning Designations & Classifications Location Existing Use General Plan Designation Zoning Classification Site Vacant land C (Commercial) CG-1 (Commercial General) North Single-family residential development SFR (Single Family Residential) RS (Residential Suburban) South Highland Avenue followed by commercial development, vacant land, and a medical facility. C (Commercial) CG-1 (Commercial General) East Convenience store with gas station, Palm Avenue followed by a commercial development and single-family residences C (Commercial) SFR (Single Family Residential) CG-1 (Commercial General) RS (Residential Suburban) West Car wash, apartments, Orange Street followed by Patton State Hospital and vacant land C (Commercial) SFR (Single Family Residential) CG-1 (Commercial General) Sources: City of San Bernardino General Plan and Zoning Maps, Field Inspection, October 2022 Packet Pg.840 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 2.0 Project Background Page 6 Exhibit 1: Project Location Map/Aerial Photo Orange St. Palm Ave. W. Highland Ave. E. Highland Ave Packet Pg.841 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 2.0 Project Background Page 7 Exhibit 2: Illustrative Site Plan Packet Pg.842 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 3.0 Initial Study Checklist Page 8 3.0 INITIAL STUDY CHECKLIST Evaluation Format This Initial Study Checklist has been prepared in compliance with the California Environmental Quality Act (CEQA) Guidelines. The Project is evaluated based on its potential effect on twenty- one (21) environmental factors categorized as follows, as well as Mandatory Findings of Significance: 1. Aesthetics 11. Land Use & Planning 2. Agriculture & Forestry Resources 12. Mineral Resources 3. Air Quality 13. Noise 4. Biological Resources 14. Population & Housing 5. Cultural Resources 15. Public Services 6. Energy 16. Recreation 7. Geology & Soils 17. Transportation 8. Greenhouse Gas Emissions 18. Tribal Cultural Resources 9. Hazards & Hazardous Materials 19. Utilities and Service Systems 10. Hydrology & Water Quality 20. Wildfire 21. Mandatory Findings of Significance Each factor is analyzed by responding to a series of questions pertaining to the impact of the Project on the particular factor in the form of a checklist. This Initial Study provides a manner to analyze the impacts of the Project on each factor to determine the severity of the impact and determine if mitigation measures can be implemented to reduce the impact to less than significant without preparing an Environmental Impact Report. The effects of the Project are then placed in the following four categories, each followed by a summary to substantiate why the Project does not impact the particular factor with or without mitigation. If “Potentially Significant Impacts” that cannot be mitigated are determined, then the Project does not qualify for a Mitigated Negative Declaration, and an Environmental Impact Report must be prepared: Packet Pg.843 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 3.0 Initial Study Checklist Page 9 Potentially Significant Impact Less Than Significant Impact with Mitigation Incorporated Less Than Significant Impact No Impact Potentially significant impact(s) have been identified or anticipated that cannot be mitigated to a level of insignificance. An Environmental Impact Report must therefore be prepared. Potentially significant impact(s) have been identified or anticipated, but mitigation can reduce the impact(s) to a less than significant category. Mitigation measures must then be identified. No “significant” impact(s) identified or anticipated. Therefore, no mitigation is necessary. No impact(s) identified or anticipated. Therefore, no mitigation is necessary. Environmental Factors Requiting Mitigation The environmental factors marked with an “X” below would be affected by this Project and thus require mitigation to reduce impacts to a “less than significant” level as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities and Service Systems Wildfire Mandatory Findings of Significance Packet Pg.844 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022, 3.0 Initial Study Checklist Page 10 Determination On the basis of this initial evaluation: I find that the proposed use COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be recommended for adoption. I find that although the proposal could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project Applicant. A MITIGATED NEGATIVE DECLARATION will be recommended for adoption. I find that the proposal MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets if the effect is a “potentially significant impact” or “potentially significant unless mitigated.” An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION, pursuant to all applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures imposed upon the proposed Project, nothing further is required. City of San Bernardino Signature Lead Agency Travis Martin, Associate Planner May 10, 2022 Printed Name/Title Date Packet Pg.845 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8,2022 3.1 Aesthetics Page 11 3.1 AESTHETICS Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Have a substantial adverse effect on a scenic vista? ✓ b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ✓ c. In non-urbanized areas, substantially degrade the site's existing visual character or quality of public views and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? ✓ d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? ✓ 3.1 (a) Have a substantial adverse effect on a scenic vista? Determination: Less Than Significant Impact. Sources: General Plan, Google Earth, Project Application Materials. Impact Analysis The Project site consists of vacant undeveloped land. To the north is single-family residential development. To the south is Highland Avenue followed by commercial development, vacant land, and a medical facility. To the east is a convenience store with a gas station and Palm Avenue followed by commercial development and single-family residential development. To the west is a car wash, an apartment complex, vacant land, and Patton State Hospital. Under CEQA, a scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. The City of San Bernardino General Plan Packet Pg.846 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8,2022 3.1 Aesthetics Page 12 identifies scenic vistas as Kendall Hills, San Bernardino Mountains, the hillsides adjacent to Arrowhead Springs, Lytle Creek Wash, East Twin Creeks Wash, Santa Ana River, Badger Canyon, Bailey Canyon, and Waterman Canyon 1 . The Project site is not located in proximity to these identified scenic resources. As such, there is no impact. 3.1 (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Determination: No Impact. Sources: California Department of Transportation -Scenic Highway Program Eligible and Officially Designated Routes. Impact Analysis The Legislature created California's Scenic Highway Program in 1963. Its purpose is to protect and enhance California highways and adjacent corridors' natural scenic beauty through special conservation treatment. The Scenic Highway Program's state laws are found in the Streets and Highways Code, Sections 260 through 263. According to the California Department of Transportation, two roadways within the City have been nominated as eligible Scenic Highway status; however, they are not officially designated. The portions of State Route (SR) 210, south of SR 330, and SR 330 that pass through the City are designated as Eligible State Scenic Highways – Not Officially Designated. The Project site is not located within or adjacent to SR-30 or SR-330. As such, there is no impact. 3.1 (c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Determination: Less Than Significant Impact. Sources: Project Application Materials, General Plan, Municipal Code. Impact Analysis The Project site is in an “urbanized area,” as defined by Public Resources Code Section 21071 (i.e., an incorporated city with a population of at least 100,000 persons). In addition, according to the Census 2010 Urbanized Area Outline Maps 2 , the Project site is in the Riverside-San Bernardino, CA Urbanized Area. The Project is subject to the goals and policies of the Community Design Element of the General Plan to ensure that the Project meets policies relating to site design and architectural quality. In addition, the Project is subject to Municipal Code Section 19.04.030 Development Standards, 2. Residential Zones Specific Standards, Section 19.04.030.N Planned Residential 1 General Plan, p.12-22. 2 https://www.census.gov/geographies/reference-maps/2010/geo/2010-census-urban-areas.html Packet Pg.847 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8,2022 3.1 Aesthetics Page 13 Development/Small Lot Subdivisions, and Section G. 19.04.050 Residential Development Design Guidelines. Through the project review process, the Planning Department determined that the Project complies with all applicable requirements governing scenic quality. 3.1 (d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Determination: Less Than Significant Impact. Sources: Project Application Materials. Impact Analysis The Project would increase the amount of light in the area above what is being generated by the vacant site by directly adding new illumination sources, including security and decorative lighting. Lighting All outdoor lighting is required to comply with California Green Building Standard Code §5.106 or with a local ordinance lawfully enacted according to California Green Building Standard Code §101.7, whichever is more stringent. The local ordinance is Municipal Code Chapter 19.20 [Property Development Standards, Section 19.20.14: Lighting]. The applicable requirements are stated below: “Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel and shall be directed downward and away from adjoining properties and public rights-of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in scale, intensity, and height to the use it is serving. Security lighting shall be provided at all entrances/exits.” Mandatory compliance with either the California Green Building Standard Code §5.106 or Municipal Code Chapter 19.20 [Property Development Standards, Section 19.20.14: Lighting] will ensure that impacts relating to light and glare remain less than significant. Glare Glare is related to light trespass and is defined as visual discomfort resulting from high contrast in brightness levels. Because the exterior façades of the residential dwelling units would consist of non-reflective materials, glare-related impacts are not anticipated. Packet Pg.848 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.2 Agriculture and Forestry Resources Page 14 3.2 AGRICULTURE AND FORESTRY RESOURCES Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? ✓ b. Conflict with existing zoning for agricultural use or a Williamson Act contract? ✓ c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ✓ d. Result in the loss of forest land or conversion of forest land to non-forest use? ✓ e. Involve other changes in the existing environment which, due to their location or nature, could result in the conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? ✓ 3.2 (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Determination: No Impact Source: California Department of Conservation “Farmland Mapping and Monitoring Program. Impact Analysis The Project site does not contain any lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as mapped by the State Department of Conservation Packet Pg.849 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.2 Agriculture and Forestry Resources Page 15 Farmland Mapping and Monitoring Program3. The Project site is classified as “Urban Built-Up Land.” The Project has no potential to convert agriculture lands to non‐agricultural use. 3.2 (b) Conflict with existing zoning for agricultural use or a Williamson Act contract? Determination: No Impact. Sources: General Plan Land Use Map, Zoning Map. Impact Analysis Agricultural Zoning The Project site is currently zoned CG-1 (Commercial General). The Project proposes a zone change to RM (Residential Medium). The RM zone is intended to promote the development of detached and attached units, duplex, mobile home parks, and small-lot subdivisions as part of a planned residential development 4 . The RM zone is not considered an agricultural zone. The Project would not conflict with zoning for agricultural use. Williamson Act Pursuant to the California Land Conservation Act of 1965, a Williamson Act Contract enables private landowners to voluntarily enter into contracts with local governments for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive lower property tax assessments. According to the California Department of Conservation Division of Land Resource Protection, the Project site is not used for agriculture and is not under a Williamson Act Contract. 3.2 (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? Determination: No Impact. Sources: General Plan Land Use Map, Zoning Map. Impact Analysis The Project site is currently zoned CG-1 (Commercial General). The Project proposes a zone change to RM (Residential Medium). The RM zone is intended to promote the development of detached and attached units, duplex, mobile home parks, and small-lot subdivisions as part of 3 California Department of Conservation, Farmland Mapping and Monitoring Program, https://www.conservation.ca.gov/dlrp/fmmp 4 Municipal Code §19.04D. Packet Pg.850 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.2 Agriculture and Forestry Resources Page 16 planned residential development5. The RM zone is not considered a forest or timberland zone. The Project site does not contain any forest lands, timberland, or timberland zoned as Timberland Production, nor are any forest lands or timberlands located on or nearby the Project site. Because no lands on the Project site are zoned for forestland or timberland, the Project has no potential to impact forest or timberland. 3.2 (d) Result in the loss of forest land or conversion of forest land to non-forest use? Determination: No Impact. Source: Field Survey. Impact Analysis The Project site and surrounding properties do not contain forest lands, are not zoned for forest lands, nor are they identified as having forest resources by the General Plan. Because forest land is not present on the Project site or near the Project site, the Project has no potential to result in the loss of forest land or the conversion of forest land to a non-forest use. 3.2 (e) Involve other changes in the existing environment which, due to their location or nature, could result in the conversion of Farmland to non-agricultural use? Determination: No Impact. Sources: California Department of Conservation, Site Inspection. Impact Analysis The Farmland Mapping and Monitoring Program classifies the Project site as “Urban Built-Up Lands.”6 The Project site consists of vacant undeveloped land that is surrounded by development. In addition, the surrounding land uses are not zoned, planned for, or under agricultural use. Therefore, the project's implementation would not involve changes in the existing environment that would result in the conversion of farmland to non-agricultural use. 5 Municipal Code §19.04D. 6 California Department of Conservation, Farmland Mapping and Monitoring Program, https://www.conservation.ca.gov/dlrp/fmmp Packet Pg.851 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 17 3.3 AIR QUALITY Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Conflict with or obstruct implementation of the applicable air quality plan? ✓ b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ✓ c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? ✓ d. Expose sensitive receptors to substantial pollutant concentrations? ✓ e. Create objectionable odors affecting a substantial number of people? ✓ 3.3 (a) Conflict with or obstruct implementation of the applicable air quality plan (South Coast Air Quality Management District)? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis Federal Air Quality Standards Under the Federal Clean Air Act, the Federal Environmental Protection Agency establishes health- based air quality standards that California must achieve. These are called “national (or federal) ambient air quality standards,” and they apply to what is called “criteria pollutants.” Ambient (i.e., surrounding) air quality standards establish a concentration above which a criteria pollutant is known to cause adverse health effects to people. The national ambient air quality standards apply to the following criteria pollutants: • Ozone (8-hour standard) Packet Pg.852 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 18 • Respirable Particulate Matter (PM10) • Fine Particulate Matter (PM2.5) • Carbon Monoxide (CO) • Nitrogen Dioxide (NOx) • Sulphur Dioxide (SO2), and • Lead. State Air Quality Standards Under the California Clean Air Act, the California Air Resources Board establishes health-based air quality standards that cities and counties must meet. These are called “state ambient air quality standards,” and they apply to the following criteria pollutants: • Ozone (1-hour standard) • Ozone (8-hour standard) • Respirable Particulate Matter (PM10) • Fine Particulate Matter (PM2.5) • Carbon Monoxide (CO) • Nitrogen Dioxide (NOx) • Sulphur Dioxide (SO2), and • Lead Regional Air Quality Standards The City of San Bernardino is located within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District. The District develops plans and regulations designed to achieve the national and state ambient air quality standards described above. Attainment Designation An “attainment” designation for an area signifies that criteria pollutant concentrations did not exceed the established standard. In contrast to attainment, a “nonattainment” designation indicates that pollutant concentration criteria have exceeded the established standard. Packet Pg.853 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 19 Table 3 shows the attainment status of criteria pollutants in the South Coast Air Basin. Table 3. Attainment Status of Criteria Pollutants in the South Coast Air Basin. Criteria Pollutant State Designation Federal Designation Ozone – 1-hour standard Nonattainment No Standard Ozone – 8-hour standard Nonattainment Nonattainment Respirable Particulate Matter (PM10) Nonattainment Attainment Fine Particulate Matter (PM2.5) Nonattainment Nonattainment Carbon Monoxide (CO) Attainment Attainment Nitrogen Dioxide (N0x) Attainment Attainment Sulfur Dioxide (SO2) Attainment Attainment Lead Attainment Attainment Source: California Air Resources Board, 2015 Air Quality Management Plan The South Coast Air Quality Management District must produce air quality management plans directing how the South Coast Air Basin’s air quality will be brought into attainment with the national and state ambient air quality standards. The most recent air quality management plan is the 2016 Air Quality Management Plan, and it applies to the City of San Bernardino. The purpose of the 2016 Air Quality Management Plan is to achieve and maintain both the national and state ambient air quality standards described above. To determine if a project is consistent with the 2016 Air Quality Management Plan, the South Coast Air Quality Management District has established consistency criteria defined in Chapter 12, Sections 12.2 and 12.3 of the South Coast Air Quality Management District’s CEQA Air Quality Handbook and are discussed below. Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the 2016 Air Quality Management Plan. Consistency Criterion No. 1 refers to violations of the California Ambient Air Quality Standards and National Ambient Air Quality Standards. As evaluated under Issues 3.3 (b), (c), and (d) below, the air emissions from construction or operation would not exceed regional or localized Packet Pg.854 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 20 significance thresholds for any criteria pollutant. Accordingly, the Project’s regional and localized emissions would not contribute substantially to an existing or potential future air quality violation or delay attaining air quality standards. Consistency Criterion No. 2: The proposed project will not exceed the 2016 Air Quality Management Plan assumptions. Growth projections from local general plans adopted by cities in the district are provided to the Southern California Association of Governments (SCAG), which develops regional growth forecasts, which are then used to establish future air quality emission forecasts for the AQMP. Input from local general plans is only part of the process. The latest jurisdictions ’existing and general plan land use serve as the basis for future year population and household allocations. The following major data sources are considered and used in the development of the growth forecast: ▪ California Department of Finance (DOF) population and household estimates. ▪ California Employment Development Department (EDD) jobs report by industry. ▪ Regional Housing Needs Assessment (RHNA) growth projections for years 2014 through 2021. ▪ 2012 existing land use and General Plans from local jurisdictions. ▪ 2010 Census and the latest American Community Survey (ACS) data; and ▪ 2011 Business Installment data from InfoGroup. The City of San Bernardino’s growth projections used for the preparation of the 2016 AQMP is shown in Table 4, Air Quality Management Plan Growth Assumptions. Table 4. Air Quality Management Plan Growth Assumptions. 2012 Population 2040 Population 2012 Household 2040 Household 2012 Employment 2040 Employment 211,900 257,400 59,300 77,100 88,900 128,900 Source: 2016 RTP/SCS Demographics and Growth Forecast Appendix, Table 11. The General Plan Land Use designation currently assigned to the Project site is CG (General Commercial). The Project is proposing a General Plan Amendment from CG to (MFR) Multi-Family Residential Based on 133 dwelling units, this would directly increase the population by 462 persons, assuming all future residents came from outside the City. According to the California Department of Finance7, the current population (2021) is 216,291. The addition of 462 persons is an increase of 0.21%. This minimal increase in population does not significantly affect the growth projections in the 2016 AQMP. 7 https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ Packet Pg.855 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 21 For the reasons stated above, the Project would not increase the frequency or severity of existing air quality violations or cause or contribute to new violations, delay the timely attainment of air quality standards, or the interim emissions reductions specified in the 2016 Air Quality Management Plan. In addition, the Project would not exceed the growth assumptions in the 2016 Air Quality Management Plan. As such, the Project would be consistent with the 2016 Air Quality Management Plan, and impacts would be less than significant, and no mitigation measures are required. 3.3(b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis As shown in Table 3 above, the South Coast Air Basin is considered to be in “non-attainment” status for several criteria pollutants. The SCAQMD has developed regional and localized significance thresholds for regulated pollutants. Any project in the South Coast Air Basin with daily emissions that exceed any of the indicated regional or localized significance thresholds would be considered to contribute to a projected air quality violation. The Project’s regional and localized air quality impacts are discussed below. Regional Impact Analysis The Project can generate pollutant concentrations during both construction activities and long‐ term operation. The following provides an analysis based on the applicable regional significance thresholds established by the SCAQMD to meet national and state air quality standards shown in Table 5 on page 22. Packet Pg.856 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 22 Table 5. South Coast Air Quality Management District Air Quality Regional Significance Thresholds Pollutant Emissions (Construction) (pounds/day) Emissions (Operational) (pounds/day) NOx 100 55 VOC 75 55 PM10 150 150 PM2.5 55 55 SOx 150 150 CO 550 550 Source: South Coast Air Quality Management District CEQA Air Quality Significance Thresholds (2011) Both construction and operational emissions for the Project were estimated by using the California Emissions Estimator Model (CalEEMod), which is a statewide land-use emissions computer model designed to provide a uniform platform for government agencies to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. The model can be used for various situations where an air quality analysis is necessary or desirable, such as CEQA documents and authorized by the SCAQMD. Construction Related Impacts Short-term criteria pollutant emissions will occur during site grading, building construction, paving, and architectural coating activities. Emissions will occur from the use of equipment, worker, vendor, and hauling trips, and disturbance of onsite soils (fugitive dust). Construction emissions were based on CalEEMod default values for 133 dwelling units “Residential – Single- Family Housing “land use, with a 360-day construction schedule. (See Appendix A: Air Quality and Greenhouse Gas Assessment for more information regarding the construction assumptions used in this analysis). It is a mandatory requirement for all construction activities to comply with several SCAQMD Rules, including: ▪ Rule 403 for controlling fugitive dust, PM10, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to, applying water in sufficient Packet Pg.857 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 23 quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the Project site, covering all trucks hauling soil with a fabric cover and maintaining a freeboard height of 12 inches, and maintaining adequate cover over exposed areas. ▪ Rule 1113 governing the content in architectural coating, paint, thinners, and solvents. ▪ Rule 1186 to reduce the amount of particulate matter entrained in the ambient air due to vehicular travel on paved and unpaved public roads. Compliance with these mandatory rules was accounted for in the estimated maximum daily construction emissions summarized in Table 6, Maximum Daily Peak Construction Emissions (lbs./day) below. Table 6. Maximum Daily Peak Construction Emissions (lbs/day) Maximum Daily Emissions Emissions (pounds per day) VOC NOX CO SOx PM10 PM2.5 52.27 28.16 20.28 0.04 3.88 2.45 Regional Threshold 75 100 550 150 150 55 Exceeds Regional Threshold? NO NO NO NO NO NO Source: SCAQMD and CalEEMod 2016.3.2 Emissions resulting from the Project construction would not exceed numerical thresholds established by the SCAQMD, and therefore no mitigation is required. Long-Term Regional Operation Related Impacts Long-term criteria air pollutant emissions will result from daily vehicle trips to and from the Project site, outdoor landscape maintenance equipment, and energy demand emissions resulting from the use of electricity and natural gas. The operational emissions of the Project site are summarized in Table 7, Operational Emissions below (Maximum Operational Daily Emissions) on page 24. Packet Pg.858 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 24 Table 7. Maximum Daily Peak Operational Emissions (lbs/day) Maximum Daily Emissions Emissions (pounds per day) VOC NOx CO SOx PM10 PM2.5 9.74 7.19 52.29 0.11 9.56 2.80 Regional Threshold 55 55 550 150 150 55 Exceeds Regional Threshold? NO NO NO NO NO NO Source: SCAQMD and CalEEMod 2016.3.2 Emissions resulting from the Project operations would not exceed numerical thresholds established by the SCAQMD, and therefore no mitigation is required. Localized Impact Analysis Although the region may be in attainment for a particular criteria pollutant, localized emissions from construction and operational activities coupled with ambient pollutant levels can cause localized increases in criteria pollutant that exceed national and/or State air quality standards. The South Coast Air Quality Management District has established Localized Significance Thresholds (LST), developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. LSTs represent the maximum emissions from a project that will not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard. LST emissions are summarized in able 8, Summary of Localized Significance Emissions on page 24. Table 8. Summary of Localized Significance Emissions Emission Source LST Significance Threshold (Lbs/Day* Project Emissions Exceeds Threshold? (NOX) for Construction 170 28.16 NO (NOX) for Operation 170 7.19 NO (CO) for Construction 972 20.28 NO (CO) for Operation 972 52.29 NO PM10 for Construction 7 3.88 NO PM10 for Operation 4 0.29 NO PM2.5 for Construction 5 2.45 NO PM2.5 for Operation 1 0.29 NO Source: Air Quality and GHG Assessment, Appendix A. Packet Pg.859 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 25 CO Hot Spots CO Hot Spots are typically associated with idling vehicles at extremely busy intersections (i.e., intersections with an excess of 100,000 vehicle trips per day). There are no intersections in the vicinity of the Project site which exceed the 100,000 vehicles per day threshold typically associated with CO Hot Spots. In addition, the South Coast Air Basin has been designated as an attainment area for CO since 2007. Therefore, Project‐related vehicular emissions would not create a Hot Spot and would not substantially contribute to an existing or projected CO Hot Spot. Toxic Air Contaminants Project Generated Construction Emissions Diesel particulate matter emissions would be emitted from heavy equipment use and heavy-duty trucks during construction. They would temporarily add to the health risk from diesel particular matter in the Project area. Heavy-duty construction equipment is subject to California Code of Regulations (CCR)§ 2449 General Requirements for In-Use Off-Road Diesel-Fueled Fleets. The purpose of this regulation is to reduce oxides of nitrogen (NOx), diesel particulate matter (PM), and other criteria pollutant emissions from in-use off-road diesel-fueled construction vehicles. The nearest sensitive receptors to the Project site are residences located adjacent to the northern boundary of the Project site. As described above for the LST analysis, PM10 (representative of diesel particulate matter, which is a TAC) emissions and exposure would be minimal and below the SCAQMD LSTs. In addition, according to the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment, health risks should be based on a 70-year exposure period for the maximally exposed individual resident; however, such assessments should be limited to the period/duration of activities associated with the project. Since the proposed Project’s construction activities would only occur over 360 days, the exposure of any proximate individual sensitive receptor to TACs would be limited. TAC emissions would not be expected to result in concentrations causing significant health risks. Project Generated Operational Emissions Operation of the proposed Project would not result in any non-permitted direct emissions (e.g., those from a point source such as diesel generators) or a substantial increase in diesel vehicles (i.e., heavy-duty trucks). As such, the proposed Project would not result in the exposure of the residences to the north of the Project site to substantial TAC concentrations. Packet Pg.860 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 26 3.3(c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis According to the SCAQMD, individual projects that do not generate operational or construction emissions that exceed the SCAQMD’s recommended daily thresholds for project-specific impacts would also not cause a cumulatively considerable increase in emissions for those pollutants for which the Basin is in nonattainment, and, therefore, would not be considered to have a significant, adverse air quality impact. Alternatively, individual project-related construction and operational emissions that exceed SCAQMD thresholds for project-specific impacts would be considered cumulatively considerable. As discussed in Issue 3.3(b) above, the Project would not exceed the regional or localized significance thresholds for construction or operational activities. The Project will not result in a cumulatively considerable net increase of any criteria pollutant 3.3(d) Expose sensitive receptors to substantial pollutant concentrations? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis Sensitive receptors (i.e., children, senior citizens, and acutely or chronically ill people) are more susceptible to the effects of air pollution than the general population. Land uses that are considered sensitive receptors typically include residences, schools, playgrounds, childcare centers, hospitals, convalescent homes, and retirement homes. The closest sensitive receptors in the vicinity of the Project site are the single-family residences adjacent to the boundary of the Project site. As shown in Ta ble 8, Summary of Localized Significance Emissions above under the discussion of Issue 3.3 (b), the Project would not exceed any of the South Coast Air Quality Management District’s Localized Significance Thresholds during near-term construction or long-term operation. In addition, the Project would not create a CO Hot Spot. Accordingly, Project-related localized emissions would not expose sensitive receptors to substantial pollutant concentrations during construction, or long-term operation. Packet Pg.861 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.3 Air Quality Page 27 3.3 (e) Create objectionable odors affecting a substantial number of people? Determination: Less Than Significant Impact. Source: CEQA Air Quality Handbook, Project Application Materials. Impact Analysis According to the SCAQMD’s CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The Project does not propose any of the above-described uses. Potential odor sources associated with the proposed Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction. The construction odor emissions would be temporary, short-term, and intermittent and would cease upon completion of the respective construction phase and are thus considered less than significant. The Project proposes 133 single-family detached homes and is not the type of use that creates objectionable odors from long-term operations. Packet Pg.862 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.4 Biological Resources Page 27 3.4 BIOLOGICAL RESOURCES Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ✓ b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ✓ c. Have a substantial adverse effect on federally protected (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ✓ d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ✓ e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ✓ f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ✓ Packet Pg.863 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.4 Biological Resources Page 28 3.4(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: Natural Resource and Habitat Assessment, Appendix B. Impact Analysis The 14.7 gross acre Project site consists primarily of an unvegetated field. Habitat conditions are extremely marginalized due to surrounding development and associated human disturbance such as multimodal traffic, artificial lighting, and residential and commercial activities. Vegetation consists of common and nonnative invasive species characteristic of disturbed places such as common fiddle neck (Amsinckia intermedia), cheeseweed mallow (Malva parviflora), and foxtail barley (Hordeum murinum). Wildlife observed at this site includes common raven (Corvus corax), pigeon (Columbidae) and common ground squirrel (Otospermophilus beecheyi). There are CNDDB historic occurrences for special status species within the project site. Species include western yellow bat (Lasiurus xanthinus, SSC, 1998) and Parry´s spineflower (Chorizanthe parryi var. parryi, CNPS 1B.1, 1919). Although western yellow bats are known for using palm skirts for roosting, the existing palm trees at the northwest corner of the projects site will not be impacted or removed. Due to these findings and existing human disturbance, surveys for bats are not warranted. The existing roadway system and surrounding development have altered the natural landscape by introducing nonnative plant species and removing potentially suitable natural habitat for special status, federal and State listed plant or animal species within the study area. Furthermore, no federally designated critical habitat is found within the study area. Signs of mammal and small rodents occur on site. However, the site does not feature biological or physical features capable of supporting special-status species San Bernardino kangaroo rat (SBKR). SBKR are confined to inland valley scrub communities particularly along rivers, streams, and drainages. This species requires specialized habitat including Riversidean Alluvial Sage Scrub habitat and friable soils. Therefore, SBKR are deemed absent from the site. Rodent burrows were observed at the site. However, No signs of burrowing owl [BUOW] were evident. BUOW use burrows dug by California ground squirrel (Spermophilus beecheyi) and round-tailed ground squirrel (Citellus tereticaudus) and other fossorial species. Breeding season for BUOW occurs between February 1 and August 31. All surfaces were searched for signs of burrows, molted feathers, cast pellets, prey remains, and owl whitewash. The Project site is subject to continuous disturbance which has resulted in habitat degradation. No indicators of BUOW were observed. High levels of habitat disturbance, human activity, and proximity to Packet Pg.864 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.4 Biological Resources Page 29 urbanized development render the site unfavorable for BUOW habitat. Although potential signs of suitable habitat features may occur at this site, such as squirrel and rodent burrows, the probability for BUOW to occur at this site is considered minimal. Furthermore, there are no CNDDB documented occurrences for BUOW in the study area. To ensure avoidance of potential impacts to BUOW or its respective habitat, Mitigation Measure BIO-1, Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection is required. BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Department of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to ensure that animals do not re-enter the holes/dens. Upon completing the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. 3.4(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Determination: No Impact. Source: Natural Resource and Habitat Assessment, Appendix B. Impact Analysis No natural habitat or communities of special concern capable of supporting special status species occur at this location. 3.4(c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Determination: No impact. Source: Natural Resource and Habitat Assessment, Appendix B. Packet Pg.865 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.4 Biological Resources Page 30 Impact Analysis The U.S. Fish and Wildlife Service (USFWS) National Wetlands Inventory identifies an unnamed drainage feature, a blue-line riverine feature, immediately adjacent to the northwest area of the Project site. This drainage feature consists of bare ground and rock slope protection. The channel is unnamed and conveys intermittent storm flows downstream through a series of culverts and underground pipes to Highland Creek, a potential jurisdictional Waters of the U.S. approximately 1.35 miles southwest of the project site. However, no jurisdictional waters and no wetland indicator features (hydric soils, wetland hydrology, hydrophitic vegetation) occur within the development footprint. The project would not impact any Waters of the State or of the U.S. and would not require regulatory water quality permitting (i.e. – Regional Water Quality Control Board Section 401 of the Clean Water Act (CWA), U.S. Army Corps of Engineers Section 404 of the CWA, or California Department of Fish and Wildlife (CDFW) Section 1602 Lake and Streambed Alteration Agreement). 3.4(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: Natural Resource and Habitat Assessment, Appendix B. Impact Analysis Due to the presence of adjacent ornamental shrubs, trees, and undeveloped field, both common ground and tree nesting migratory birds have the potential to nest in the Project site and adjacent areas. Nesting sites for birds and raptors that are protected under the federal Migratory Bird Treaty Act and/or California Fish and Game Code. The following mitigation measure is required. BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion. 3.4(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Determination: Less Than Significant Impact. Source: Municipal Code. Impact Analysis Packet Pg.866 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.4 Biological Resources Page 31 Chapter 12.40 of the City’s Municipal Code serves as the City’s Tree Ordinance. The purpose of the Tree Ordinance is to protect street trees and City trees (those located within public places, alleys, sidewalks, streets, etc.) from removal and regulate the planting of trees in the public sphere. There are no street trees within the public right-of-way of Highland Avenue and Palm Avenue adjacent to the Project site. There are two palm trees that may be within the public right- of-way of Orange Street. If these trees are to be removed, a permit is required. 3.4(f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Determination: No Impact. Sources: https://ecos.fws.gov/ecp0/conservationPlan/, https://wildlife.ca.gov/Conservation/Planning/NCCP. Habitat Conservation Plan (HCP) HCPs are planning documents required as part of an application for an incidental take permit. They describe the anticipated effects of the proposed taking, how those impacts will be minimized or mitigated, and how the HCP is to be funded.8 Natural Community Conservation Plan (NCCP) An NCCP identifies and provides for the regional protection of plants, animals, and their habitats while allowing the compatible and appropriate economic activity. Working with landowners, environmental organizations, and other interested parties, a local agency oversees the numerous activities that compose the development of an NCCP. CDFW and the U.S. Fish and Wildlife Service provide the necessary support, direction, and guidance to NCCP participants.9 Impact Analysis The Project site is not located within an area covered by an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. As such, there is no impact. 8 https://ecos.fws.gov/ecp0/conservationPlan 9 https://wildlife.ca.gov/Conservation/Planning/NCCP. Packet Pg.867 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.5 Cultural Resources Page 32 3.5 CULTURAL RESOURCES Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines §15064.5? ✓ b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5? ✓ c. Disturb any human remains, including those interred outside of formal cemeteries? ✓ 3.5(a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines § 15064.5? Determination: No Impact. Source: Field Inspection, General Plan. Impact Analysis Historic resources generally consist of buildings, structures, improvements, and remnants associated with a significant historical event or person(s) and/or have a historically significant style, design, or achievement. Damaging or demolition of historic resources is typically considered a significant impact. Impacts to historic resources can occur through direct impacts, such as destruction or removal, and indirect impacts, such as a change in the setting of a historic resource. CEQA Guidelines §15064.5(a) clarifies that historical resources include the following: 1. A resource listed in or determined to be eligible by the State Historical Resources Commission for listing in the California Register of Historical Resources. 2. A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in a historical resource survey meeting the requirements [of] section 5024.1(g) of the Public Resources Code. Packet Pg.868 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.5 Cultural Resources Page 33 3. Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or significant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. The property is vacant undeveloped land, except for a single-family residential structure located adjacent to Orange Street. Surrounding properties are a mixture of residential and commercial use, with a gasoline service station located adjacent to the southeast of the property. According to the County of San Bernardino Tax Assessor’s Office and aerial photography, the residential structure was constructed in 1973.10 The minimum age criterion for the National Register of Historic Places (NRHP) and the California Register of Historical Resources (CRHR) is 50 years. In terms of age, the structure is 48 years old and does not meet this criterion. A data review was conducted of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), and documents and inventories from the California Office of Historic Preservation (OHP), including the lists of California Historical Landmarks, California Points of Historical Interest, listing of NRHP Properties, and the Inventory of Historic Structures. The structures are not identified on any of these lists.11 In addition, the City conducted a Historic Resources Reconnaissance Survey in 1991, which is considered a local register of historic resources under state law. A “local register of historic resources” is broadly defined in §5020.1 (k) as “a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution.” Local registers of historic properties come essentially in two forms: (1) surveys of historic resources conducted by a local agency in accordance with Office of Historic Preservation procedures and standards, adopted by the local agency and maintained as current, and (2) landmarks designated under local ordinances or resolutions. (Public Resources Code §§ 5024.1, 21804.1, 15064.5). The Historic Resources Reconnaissance Survey provides for the most complete overview of historically significant properties and neighborhoods within the City that were considered historically sensitive at the time of its adoption. It forms the single most important resource to the City for historic preservation planning. The property is not identified as a historic resource based on the survey. 3.5(b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: Cultural Resource Technical Report for the San Bernardino Countywide Plan. Impact Analysis 10 Tax Collector-Property Search https://www.mytaxcollector.com/trSearch.aspx 11 OHP Tools, https://ohp.parks.ca.gov/?page_id=27959 Packet Pg.869 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.5 Cultural Resources Page 34 The Project site is located within the Valley Region of San Bernardino County. As part of the County of San Bernardino Countywide Plan adoption process in 2019, the unincorporated areas in the vicinity of the Project site were researched for the potential to yield archaeological resources. It was found that archaeological sites are less common in the Valley Region than in the other regions. Historic archaeological resources present in the Valley Region include largely structural ruins and water control features and systems.12 However, archaeological resources can be found below ground, and intact deposits could be present below the level of historic and modern disturbance. As such, development of the Project site has the potential to affect buried archaeological resources through ground-disturbi ng construction activities. Based on the analysis above, there is the possibility that sub-surface archaeological resources may be encountered at deeper levels during grading. The following mitigation measure is required. CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. 3.5(c) Disturb any human remains, including those interred outside of formal cemeteries? Determination: Less Than Significant Impact. Source: Field Inspection, California Health and Safety Code §7050.5 and Public Resources Code §5097 et. seq. Impact Analysis The site is not part of a cemetery. Nevertheless, the remote potential exists that human remains may be unearthed during grading and excavation activities associated with Project construction. 12 Cultural Resource Technical Report for the San Bernardino Countywide Plan p.34. Packet Pg.870 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.5 Cultural Resources Page 35 If human remains are discovered during Project grading or other ground-disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code §7050.5 and Public Resources Code §5097 et. seq. California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin. Pursuant to California Public Resources Code §5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made by the Coroner. If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted, and the NAHC must then immediately notify the “most likely descendant(s)” of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Packet Pg.871 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.6 Energy Resources Page 36 3.6 ENERGY Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? ✓ b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ✓ 3.6(a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis Short-Term Construction Impacts Construction of the Project would require construction equipment for grading, hauling, and building activities. Electricity use during construction would vary during different phases of construction—most of the construction equipment during grading would be gas or diesel- powered, and the later construction phases would require electricity-powered equipment, such as for interior construction and architectural coatings. Construction contractors are required to comply with applicable California Air Resources Board (CARB) regulations governing the accelerated retrofitting, repowering, or replacement of heavy- duty diesel on- and off-road equipment. In addition, compliance with existing CARB idling restrictions and the use of newer engines and equipment would reduce fuel combustion and energy consumption. Overall, construction activities would require limited energy consumption on a short-term basis, would comply with all existing regulations, and would therefore not be expected to use large amounts of energy or fuel in a wasteful manner. Packet Pg.872 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.6 Energy Resources Page 37 Long-Term Operational Impacts Operation of the Project would create additional demands for electricity and natural gas compared to existing conditions and would result in increased energy use. The Project involves the construction of 133 detached single-family dwellings. Electrical power to the Project site is provided by Southern California Edison (SCE) Company. Natural gas service is provided by the Southern California Gas Company (SCG). Table 9, Estimated Annual Energy Consumption below provides an estimate of electrical and natural gas consumption upon the Project's build-out. Table 9. Estimated Annual Energy Consumption Energy Source Annual Consumption Electricity 1,067,643 kWh/yr Natural Gas 3.790 kBTU/yr Source: CalEEMod Outputs (Appendix A). According to the California Energy Commission (Electricity Consumption by County, 2020), San Bernardino County consumed approximately 6102.925598 million gigawatt‐hours (GWh).13 The proposed Project would be less than 0.001 percent of San Bernardino County’s total electricity demand. According to the California Energy Commission (Natural Gas Consumption by County, 2020), San Bernardino County consumed approximately 267.362800 million of therms of natural gas14. The Project would be less than 0.001 percent of San Bernardino County’s total natural gas demand. Additionally, the 2019 California Code of Regulations (CCR) Title 24, Part 11: California Green Building Standards (Title 24) reduces GHG emissions associated with energy consumption. Title 24 now requires that new buildings minimize water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant‐emitting finish materials. The proposed Project will conform to all applicable energy conservation requirements. 3.6(b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Determination: Less Than Significant Impact. Source: California Energy Commission 13 https://ecdms.energy.ca.gov/elecbycounty.aspx 14 https://ecdms.energy.ca.gov/gasbycounty.aspx Packet Pg.873 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.6 Energy Resources Page 38 Impact Analysis The California Title 24 Building Energy Efficiency Standards are designed to ensure new and existing buildings achieve energy efficiency and preserve outdoor and indoor environmental quality. These measures (Title 24, Part 6) are listed in California Code of Regulations. The California Energy Commission is responsible for adopting, implementing, and updating building energy efficiency. Local city and county enforcement agencies have the authority to verify compliance with applicable building codes, including energy efficiency. The Project must comply with the California Title 24 Building Energy Efficiency Standards. As such, the Project will not conflict with or obstruct a state or local plan for renewable energy or energy efficiency Packet Pg.874 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.7 Geology and Soils Page 39 3.7 GEOLOGY AND SOILS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving: 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map Issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ✓ 2) Strong seismic ground shaking? ✓ 3) Seismic-related ground failure, including liquefaction? ✓ 4) Landslides? ✓ b. Result in substantial soil erosion or the loss of topsoil? ✓ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in an on-site or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? ✓ d. Be located on expansive soil, as defined in the Uniform Building Code, creating substantial risks to life or property? ✓ e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ✓ f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ✓ Packet Pg.875 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.7 Geology and Soils Page 40 3.7 (a) (1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Determination: Less Than Significant Impact. Source: Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis The Alquist-Priolo Earthquake, Fault Zone Act intends to denote properties within Earthquake Fault Zones, where fault studies would be required to assure that certain habitable structures are not constructed across traces of active faults. The site is not situated within a designated “Alquist- Priolo” Earthquake Fault Zone. The nearest zoned fault is the San Andreas fault zone, located about 0.4 mile to the northeast. 3.7 (a) (2) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Strong seismic ground shaking? Determination: Less Than Significant Impact. Source: Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis Given the site’s proximity to an active fault zone, the Project would be required to construct the proposed structures per the California Building Code (CBC). The City’s Building and Safety Division would review the building plans through building plan checks, issuance of a building permit, and inspection of the building during construction, ensuring that all required CBC seismic safety measures are incorporated into the structures. Compliance with the CBC as verified by the City’s review process would reduce impacts related to strong seismic ground shaking. 3.7 (a) (3) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic-related ground failure, including liquefaction? Determination: No Impact. Sources: EQ Zapp, Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis Liquefaction is caused by seismic ground shaking of relatively loose, granular soils that are saturated or submerged, which causes soils to liquefy and temporarily behave like a dense fluid. Packet Pg.876 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.7 Geology and Soils Page 41 According to the California Earthquake Hazards Zone Application ("EQ Zapp"),15 , and General Plan Safety Element, Figure S-5, Liquefaction Susceptibility, the Project site is not located in a Liquefaction Hazard Zone. In addition, Geotechnical and Infiltration Evaluation (Appendix C) estimated ground water is more than one-hundred fifty feet below the surface. The potential for liquefaction to affect structures at the site is very low. Notwithstanding, compliance with the mandatory requirements of the California Building Code as part of the building plan check process will ensure there are no risks associated with liquefaction. 3.7 (a) (4) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Landslides? Determination: No Impact. Source: EQ Zapp, Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis According to the California Earthquake Hazards Zone Application ("EQ Zapp"), 16 and General Plan Safety Element, Figure S-7, Slope Stability and Major Landslides, the Project site is not located in a Landslide Hazard Zone. The Project site is relatively flat and contains no slopes subject to landslides. 3.7(b) Result in substantial soil erosion or the loss of topsoil? Determination: Less Than Significant Impact. Source: National Pollution Discharge Elimination System. Impact Analysis The National Pollutant Discharge Elimination System (NPDES) establishes minimum stormwater management requirements and controls that are required to be implemented for development construction and operational activities within the City. Construction Construction of the Project has the potential to contribute to soil erosion and the loss of topsoil. Grading and excavation activities required for the project's development will expose and loosen topsoil, which could be eroded by wind or water. As required by Municipal Code §8.80.502. General Permit for Storm Water Discharges from Construction Activity, which requires preparation of a Storm Water Pollution Prevention Plan (SWPPP) per state requirements. Prior 15 https://maps.conservation.ca.gov/cgs/EQZApp/app/ 16 https://maps.conservation.ca.gov/cgs/EQZApp/app/ Packet Pg.877 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.7 Geology and Soils Page 42 to obtaining any City-issued grading and/or construction permits, the developer/owner shall provide evidence of compliance with the General Construction Permit by providing a copy of the Waste Discharger’s Identification Number (WDID) to the City’s Development Services Department. Through mandatory compliance of Municipal Code §8.80.502, construction impacts related to erosion and loss of topsoil would be less than significant Operation The entire site will be developed and areas of loose topsoil that could erode by wind or water would not exist after construction is completed. In addition, as described in Section 3.9, Hydrology and Water Quality, the hydrologic features of the Project have been designed to slow, filter, and retain stormwater on the development site, which would also reduce the potential for stormwater to erode topsoil. Furthermore, as required by Municipal Code § 8.80. 505. Best Management Practices, all construction projects which could potentially have an adverse impact on the City’s storm water drainage system or waters of the state shall install and/or implement appropriate construction and post-construction BMPs, as listed in their SWQMP or the “California Storm Water Best Management Practice Handbook,” to reduce pollutants to the maximum extent practicable or the extent required by law. Through mandatory compliance of Municipal Code §8.80.505, construction impacts related to erosion and loss of topsoil would be less than significant. 3.7(c) Be located on a geologic unit or soil that is unstable, or that would become unstable because of the Project, and potentially result in an on-or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? Determination: No Impact. Sources: EQ Zapp), Geotechnical and Infiltration Evaluation (Appendix C), General Plan Safety Element. Impact Analysis Landslide As noted in response to Issue 3.7 (a) (4) above, the Project site is relatively flat and contains no slopes that may be subject to landslides. Therefore, the site is not considered susceptible to landslides Lateral Spreading Lateral spreading refers to landslides that commonly form on gentle slopes and have rapid fluid- like flow horizontal movement. Earthquakes cause most lateral spreading, but it is also caused by landslides. As noted in response to Issue 3.7 (a) (4) above, the Project site is relatively flat and contains no slopes that may be subject to landslides. Therefore, the Project site is not considered susceptible to lateral spreading. Packet Pg.878 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.7 Geology and Soils Page 43 Subsidence/ Collapse According to General Plan Safety Element Figure S-6, Potential Subsidence Areas, the Project site is not subject to subsidence. In addition, the degree of subsidence is dependent on groundwater levels. According to the Geotechnical and Infiltration Evaluation (Appendix C), groundwater depth is more than one-hundred fifty feet. Liquefaction According to the City’s General Plan Safety Element Figure S-5, Liquefaction Susceptibility, the Project site is not designated as an area susceptible to liquefaction. In addition, the degree of liquefaction is dependent on the groundwater level. According to the Geotechnical and Infiltration Evaluation (Appendix C), groundwater depth is approximately one-hundred fifty feet below the surface. Notwithstanding, compliance with the mandatory requirements of the California Building Code would ensure that there are no risks from landslides, lateral spreading, subsidence, collapse, or liquefaction. 3.7 (d) Be located on expansive soil, as defined in the Uniform Building Code, creating substantial risks to life or property? Determination: No Impact. Source: Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis Expansive soils undergo volume changes as moisture content fluctuates, swelling substantially when wet or shrinking when dry. Soil expansion can damage structures by cracking foundations, causing settlement, and distorting structural elements. The soils have an Expansion Index of one, defined as “Very Low” based on Soil Expansion Potential (ASTM D-4829).17 Notwithstanding, compliance with the California Building Standards Code would ensure that there are no risks from expansive soils. 3.7(e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Determination: No Impact. Source: Project Application Materials. 17 https://www.astm.org/d4829-21.html Packet Pg.879 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.7 Geology and Soils Page 44 Impact Analysis The Project does not propose septic tanks or alternative wastewater disposal systems. The Project will install domestic sewer infrastructure and connect to San Bernardino’s existing sewer conveyance and treatment system. 3.7(f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: General Plan. Impact Analysis Paleontological Resources Paleontological resources are the preserved fossilized remains of plants and animals. The site is underlain by Younger and Very Old Alluvial Valley Deposits of Holocene and late Pleistocene ages, respectively. Younger Quaternary deposits are unlikely to contain significant vertebrate fossils in the uppermost layers, but at relatively shallow depths ranging from six to eight feet, there may be older Quaternary deposits that contain significant fossil vertebrate remains. Excavations in these older Quaternary deposits may potentially impact paleontological resources. The following mitigation measures are required. Mitigation Measure (MM) GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5-10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground- disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. Packet Pg.880 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.7 Geology and Soils Page 45 Unique Geologic Feature Unique geologic features are those that are unique to the field of Geology. Unique geologic features are not common in San Bernardino. The geologic processes that formed the landforms in San Bernardino are generally the same as those in other parts of the state. What makes a geologic unit or feature unique can vary considerably. A geologic feature is unique if it: • Is the best example of its kind locally or regionally. • Embodies the distinctive characteristics of a geologic principle that is exclusive locally or regionally. • Provides a key piece of geologic information important in geology or geologic history. • Is a “type locality” (the locality where a particular rock type, stratigraphic unit, or mineral species is first identified) of a geologic feature. • Is a geologic formation that is exclusive locally or regionally. • Contains a mineral that is not known to occur elsewhere in the City; or • Is used repeatedly as a teaching tool. The Project site is relatively flat. The site is underlain by Younger and Very Old Alluvial Valley Deposits of Holocene and late Pleistocene ages, respectively. These features are common in the regions and are not considered “unique.” Packet Pg.881 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.8 Greenhouse Gas Emissions Page 46 3.8 GREENHOUSE GAS EMISSIONS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ✓ b. Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ✓ 3.8(a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Source: Air Quality and GHG Assessment (Appendix A). No single land-use project could generate enough greenhouse gas (GHG) emissions to noticeably change the global average temperature. Cumulative GHG emissions, however, contribute to global climate change and its significant adverse environmental impacts. Thus, the primary goal in adopting GHG significance thresholds, analytical methodologies, and mitigation measures is to ensure new land use development provides its fair share of the GHG reductions needed to address cumulative environmental impacts from those emissions. SCAQMD formed a GHG California Environmental Quality Act (CEQA) Significance Threshold Working Group to guide local lead agencies on determining the significance of GHG emissions in their CEQA documents. As of the last Working Group meeting (Meeting 15) held in September 2010, the SCAQMD proposes adopting a tiered approach for evaluating GHG emissions for development projects where SCAQMD is not the lead agency. Although a final numerical threshold for determining the significance of greenhouse gas emissions in the South Coast Air Basin has not been established by the SCAQMD, they propose a screening threshold of 3,000 MTCO2e for non-industrial projects. SCAQMD concluded that projects with emissions less than the screening threshold would not have a significant cumulative impact. A summary of the Project’s projected annual operational greenhouse gas emissions, including amortized construction‐related emissions, is shown in Table 10, Total Project Greenhouse Gas Emissions. Packet Pg.882 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.8 Greenhouse Gas Emissions Page 47 Table 10. Total Project Greenhouse Gas Emissions (CO2e) Source GHG Emissions MT/yr Mobile Sources 1,463.15 Area 29.84 Energy 393.72 Solid Waste 78.97 Water/Wastewater 43.04 30-year Amortized Construction 13.28 TOTAL 2,022.00 SCAQMD Threshold 3,000 Exceed Threshold? NO Because the Project would emit GHG emissions of less than 3,000 MTCO2e per year, the Project is not considered a substantial GHG emitter. 3.8(b) Conflict with an applicable plan, policy, or regulation adopted to reduce greenhouse gas emissions? Determination: Less Than Significant Impact. Sources: CARB Scoping Plan, Connect SoCal, Municipal Code. Impact Analysis Determining a project’s consistency with plans, policies, or regulations adopted to reduce greenhouse gas (GHG) emissions plans presents unique challenges because the impact is global, and solutions require global, federal, state, and local action. Project GHG Emissions As shown in Table 10, Total Project Greenhouse Gas Emissions (CO2e) above, individually, the Project is not considered a substantial GHG emitter. However, individual projects contribute to the cumulative effects of climate change by directly or indirectly emitting GHGs during construction and operational phases. Direct operational emissions include GHG emissions from new vehicle trips and area sources (natural gas combustion). Indirect emissions include emissions from electricity providers, energy required to pump, treat, and convey water, and emissions associated with waste removal, disposal, and landfill operations. The proposed Project would increase the intensity of use of the site by constructing 133 dwelling units on a Project site that is currently occupied by one single-family residence. Therefore, the proposed Project would incrementally contribute to annual long-term increases in GHGs as a result of increased vehicle Packet Pg.883 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.8 Greenhouse Gas Emissions Page 48 trips (mobile sources) and residential operations that result in an increase in energy use, water use, wastewater treatment, and solid waste disposal. Construction activities would also result in temporary increases in GHG emissions. The California Air Resources Board (CARB) Scoping Plan The Scoping Plan is the state’s overall strategy in the form of measures that apply to emission sectors that comprise the state’s greenhouse gas emission inventory. The state’s implementation strategy primarily takes source-specific regulations for energy producers, fuel suppliers, and vehicle manufacturers—for example, California Light-Duty Vehicle GHG Standards and Low Carbon Fuel Standard. The Scoping Plan envisions a limited role for local government in implementing the state’s GHG reduction strategy, focusing on local government’s authority over land use and some transportation projects. The Scoping Plan is not directly applicable to specific projects, and it is not intended to be used for project-level evaluations.18 Generally, development projects are considered consistent with the Scoping Plan if they are compatible with the general intent of the plan and would not preclude the attainment of its primary goals. To implement the Scoping Plan at a local level, a partnership led by the San Bernardino County Transportation Authority (SBCTA) adopted the San Bernardino County Regional Greenhouse Gas Reduction Plan in March 2021. The Plan will serve as the basis for cities in the County to develop more detailed community-level climate action plans (CAP). Although the City of San Bernardino has not adopted a local climate action plan, the City of San Bernardino selected a suggested goal to reduce community GHG emissions to a level that is 40% below its 2016 GHG emissions level by 2030. The City will meet and exceed this goal subject to reduction measures that are technologically feasible and cost-effective through a combination of state (~75%) and local (~25%) efforts. The Pavley vehicle standards, the state’s low carbon fuel standard, the Renewable Portfolio Standard, and other state measures will reduce GHG emissions in San Bernardino’s on-road, solid waste, and building energy sectors in 2030. Connect SoCal – The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy The Southern California Association of Governments (SCAG) has adopted the Connect SoCal – The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy, which supports the State's climate action goals to reduce greenhouse gas (GHG) emissions through coordinated transportation and land use planning with the goal of more sustainable communities. Connect SoCal sets forth a forecasted regional development pattern which, when integrated with the transportation network, measures, and policies, will reduce greenhouse gas emissions from automobiles and light duty trucks. Connect SoCal is intended to provide a regional land use policy framework that local governments may consider and build upon. 18 The Final Statement of Reasons for the amendments to the CEQA Guidelines reiterates the statement in the Initial Statement of Reasons that “[t]he Scoping Plan may not be appropriate for use in determining the significance of individual projects because it is conceptual at this stage and relies on the future development of regulations to implement the strategies identified in the Scoping Plan” (CNRA 2009). Packet Pg.884 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.8 Greenhouse Gas Emissions Page 49 An individual land use development project, such as the proposed Project, can be found to be consistent with Connect SoCal if the project does not conflict with the growth patterns assumed in the plan. In preparing The SCAG region is diverse and extensive, and the types and classifications of land use used by one jurisdiction often differ from those used by another. The result is that there are many different land-use types and categories that SCAG must organize for its analyses. Given the number of square miles the SCAG region encompasses, SCAG developed a simplified series of Land Development Categories (LDCs) to represent the dominant themes taken from the region’s many General Plans. This was created to facilitate regional modeling of land use information from nearly 200 distinct jurisdictions. The LDCs employed in Connect SoCal is not intended to represent detailed land-use policies but are used to describe the general conditions likely to occur within a specific area if recently emerging trends, such as transit- oriented development, were to continue in concert with the implementation of Connect SoCal. SCAG classified the Place Types into three LDCs. The agency used these categories to describe the general conditions and are likely to exist within a specific area. They reflect the varied conditions of buildings and roadways, transportation options, and the mix of housing and employment throughout the region. The three LDCs that SCAG used are: 1. Urban: These areas are often found within and directly adjacent to moderate and high-density urban centers. Nearly all urban growth in these areas would be considered infill or redevelopment. 2. Compact: These areas are less dense than those in the Urban LDC, but they are highly walkable with a rich mix of retail, commercial, residential, and civic uses. These areas are most likely to occur as a new growth on the urban edge or as large-scale redevelopment. 3. Standard: These areas comprise most separate-use, auto-oriented developments that have characterized the American suburban landscape for decades. Densities in these areas tend to be lower than those in the Compact LDC, and they are generally not highly mixed. Medium- and larger-lot single-family homes comprise the majority of this development form. Standard areas are not typically well served by regional transit service, and most trips are made by automobile. According to Exhibit 32, Forecasted Regional Development Types by Land Development Categories (2040)-San Bernardino County, San Bernardino is within the Standard LDC.19 The Project is proposing a zone change from commercial to residential. This change does not result in a change to the LDC assigned to the City because of its size (14.7 acres) and land-use intensity (133 dwelling units), would not result in the area being reclassified to the Urban or Compact LDC. In addition, Connect SoCal is not the type of plan that is directly applicable to land development projects. The Project would not conflict with or impede the implementation of Connect SoCal for the following reasons: 19 https://planning.lacity.org/odocument/2a7e374a-5c53-4db8-8ea1-a75f12a73b31/Appendix_L_SCAGs_2016- 2040_RTP_SCS_Background_Documentation.pdf Packet Pg.885 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.8 Greenhouse Gas Emissions Page 50 ▪ The Project is located adjacent to Highland Avenue, which is a primary transportation corridor and in close proximity via walking, bicycle, and transit to work, commercial uses, educational and other destinations in the area. ▪ The Project is an infill development on underutilized land that is well served by regional and local transit services. ▪ The Project promotes diverse housing choices by developing smaller lots which tend to consume less water and energy. Municipal Code In addition, the Project is subject to the following Municipal Code requirements, which will assist in meeting compliance with the State’s GHG emission reduction goals consistent with applicable plans, policies, or regulations adopted to reduce the emissions of greenhouse gases: Energy Efficiency: As required by Municipal Code §15.04.020. B. (6), California Energy Code, before issuing a building permit, the Project Applicant shall submit plans showing that the Project will be constructed in compliance with this section. Green Buildings: As required by Municipal Code §15.05. 020. B (9), California Green Building Standards Code, before issuing a building permit, the Project proponent shall submit plans in compliance with this code section. Water Conservation: The Project will comply with Municipal Code §19.28.120, Water Efficient Landscaping Standards. Solid Waste Reduction: The Project shall comply with §4.408 of the 2013 California Green Building Code Standards, which requires new development projects to submit and implement a construction waste management plan to reduce the amount of construction waste transported to landfills. In conclusion, the Project would not conflict with an applicable plan, policy, or regulation adopted to reduce greenhouse gas emissions. Packet Pg.886 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.9 Hazards and Hazardous Materials Page 51 3.9 HAZARDS AND HAZARDOUS MATERIALS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ✓ b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ✓ c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ✓ d. Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and, as a result, would it create a significant hazard to the public or the environment? ✓ e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area? ✓ f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ✓ g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires, ✓ Packet Pg.887 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.9 Hazards and Hazardous Materials Page 52 3.9 (a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 3.9 (b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Determination: Less than Significant Impact. Source: EPA, DOT, Project Application Materials. Impact Analysis Existing Conditions The Project site consists primarily of an un-vegetated mowed/disked field that has been disturbed because of associated human disturbance. Based on aerial photographs, a research of historical building permit records, and County of San Bernardino Tax Collector property records, the site has not been used for any activity or use that generates a substantial amount of hazardous materials such as dry-cleaning plants, motor vehicle repair and servicing facilities, freight terminals, or industrial manufacturing or service facilities (i.e. furniture, textiles, plastics, printing, leather, laboratories). However, based on the Phase I Environmental Site Assessment prepared for the Project (Appendix D), the following Recognized Environmental Condition’s (RECs) were identified: Historical Agriculture: The Property was used for agricultural activities (row cropping) from at least 1930 through the early 1970’s. Application of pesticide and herbicide is considered likely to have occurred during this time period, potentially resulting in the accumulation of pesticides and metals common with herbicide application in shallow soils at the Property. Therefore, the former Property use as an orchard is considered a REC. Adjacent LUST Case: A service station is located adjacent southeast of the Property. This facility is listed as a leaking underground storage tank (LUST) case, with a closure date of 1990. Limited information was available for review regarding this facility, but it appears the impacts were limited to soil (i.e., no groundwater impacts). However, it is unclear if soil vapor assessment has been conducted in connection with the historical release at this facility. Therefore, given the proximity of this facility to the Property, there is potential that soil vapor may encroach onto the Property from this facility. Therefore, this facility is considered a REC to the Property. Adjacent Car Wash: A car wash facility, identified as Mr. Suds Carwash, has been located adjacent Packet Pg.888 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.9 Hazards and Hazardous Materials Page 53 southwest of the Property since at least 2000. Oil-water separators, or clarifiers, are commonly used at these facilities to separate oil from water prior to discharge to the sanitary sewer. These units are known to leak, impacting soil and soil vapor conditions in the immediate area. Therefore, there is potential that soil vapor may encroach onto the Property from this facility. Therefore, this facility is considered a REC to the Property. Because of the above-described REC’s, a Phase II Environmental Site Assessment (Appendix E), was prepared to evaluate possible impacts to soil at the Site related to previous on-Site operations and potential soil vapor impacts from off-site sources. The assessment activities included the advancement of twenty (20) soil borings and four (4) soil vapor borings. All field work was performed under the supervision of a State of California registered professional geologist. The detected concentrations of lead were found to be within typical regional background levels and below applicable regulatory thresholds, and the results indicate no releases related to historical site operations. Further, trace concentrations of OCPs were detected above laboratory reporting limits, however at concentrations below residential screening criteria. Therefore, it is concluded that the historical agricultural use of the Site does not represent a Recognized Environmental Condition pursuant to ASTM E1527-13, and no further investigation is required regarding this issue. Various volatile organic compounds were detected in soil vapor samples collected proximate to the nearby carwash and service station facilities. Specifically, the VOCs acrolein and benzene were detected at concentrations exceeding their respective residential-use screening levels using an attenuation factor of 0.03. However, no compounds, including acrolein or benzene, were detected at concentrations exceeding residential screening levels using an attenuation factor of 0.001, currently used for risk evaluation by various regulatory agencies. Therefore, no further investigation related to the off-site carwash and automotive service facilities is required. Transport and Use of Hazardous Materials Both the US Environmental Protection Agency (EPA) and the US Department of Transportation (DOT) regulate the transport of hazardous waste and material, including transport via highway. The EPA administers permitting, tracking, reporting, and operations requirements established by the Resource Conservation and Recovery Act, which addresses the generation, transportation, treatment, storage, and disposal of hazardous waste. The DOT regulates the transport of hazardous materials through the enforcement of the Hazardous Materials Transportation Act. This act includes requirements for container design and labeling, as well as for driver training. The established regulations are intended to track and manage the safe interstate transportation of hazardous materials and waste. Additionally, State, and local agencies enforce the application of these acts and coordinate safety and mitigation responses if accidents involving hazardous materials occur. Packet Pg.889 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.9 Hazards and Hazardous Materials Page 54 The Project is a residential community. It is not involved in the routine transport, use, or disposal of hazardous materials. Construction Activities Heavy equipment used during the construction of the Project would be fueled and maintained by substances such as oil, diesel fuel, gasoline, hydraulic fluid, and other liquid materials that would be considered hazardous if improperly stored or handled. In addition, materials such as paints, roofing materials, solvents, and other substances typically used in building construction would be located on the Project site during construction. Construction contractors are required to comply with all applicable federal, state, and local laws and regulations regarding hazardous materials, including but not limited to requirements imposed by the Environmental Protection Agency, California Department of Toxic Substances Control, South Coast Air Quality Management District, and the Santa Ana Regional Water Quality Control Board. In addition, because the existing home constructed in 1973 will be demolished, the presence of lead-based paint and asbestos could be released during demolition. The Project Proponent is required to comply with mandatory state and local regulations regarding demolition, including but not limited to, the following: ▪ Southcoast Air Quality Management District Rule 1403. Asbestos Emissions from Demolition/Renovation Activities. The purpose of this rule is to specify work practice requirements to limit asbestos emissions from building demolition and renovation activities, including the removal and associated disturbance of asbestos-containing materials (ACM). The requirements for demolition and renovation activities include asbestos surveying, notification, ACM removal procedures and time schedules, ACM handling and clean-up procedures, and storage, disposal, and landfilling requirements for asbestos-containing waste materials (ACWM). All operators are required to maintain records, including waste shipment records, and are required to use appropriate warning labels, signs, and markings. ▪ California Code of Regulations, Title 8, §1532.1. Lead. This section applies demolition work and addresses hazards from lead by meeting regulatory requirements and following industry best practices Operational Activities The Project site would be developed with residential land uses, which is not typically associated with the potential to release hazardous materials. Although residential land uses may utilize household products that contain toxic substances, such as cleansers, paints, adhesives, and solvents, these products are usually in low concentration and minor in amount. They would not pose a significant risk to humans or the environment during use at the Project site. Packet Pg.890 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.9 Hazards and Hazardous Materials Page 55 According to State law and local regulations, residents would be required to dispose of household hazardous waste (e.g., batteries, used oil, old paint) at a permitted household hazardous waste collection facility. Accordingly, the Project would not expose people or the environment to significant hazards associated with the disposal of hazardous materials at the Project site. The long-term operation of the Project would not expose the public or the environment to significant hazards associated with the release of hazardous materials. 3.9(c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Determination: Less Than Significant Impact. Sources: Project Application Materials, Google Earth. Impact Analysis The Project site is within 0.25 miles of Oehl Elementary School. The Project site would be developed with residential land uses, which are not associated with emitting hazardous emissions or handling hazardous materials. Although residential land uses may utilize household products containing toxic substances, such as cleansers, paints, adhesives, and solvents, these products are usually in low concentration and minor. They would not pose a significant risk to persons at the school. 3.9(d) Be located on a site that is included on a list of hazardous materials sites compiled according to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Determination: No Impact. Sources: DTSC's Hazardous Waste and Substances Site List - Site Cleanup (Cortese List) Phase I Environmental Site Assessment (Appendix D). Impact Analysis The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State and local agencies to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites according to Government Code Section 65962.5. Below are the data resources that provide information regarding the facilities or sites that meet the “Cortese List” requirements. • List of Hazardous Waste and Substances sites from Department of Toxic Substances Control (DTSC) EnviroStor database. • List of Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker database. Packet Pg.891 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.9 Hazards and Hazardous Materials Page 56 • List of solid waste disposal sites identified by the Water Board with waste constituents above hazardous waste levels outside the waste management unit. • List of “active” CDO and CAO from Water Board. • List of hazardous waste facilities subject to corrective action according to Section 25187.5 of the Health and Safety Code, identified by DTSC. Based on a review of the Cortese List maintained by the California Environmental Protection Agency website at https://calepa.ca.gov/SiteCleanup/CorteseList/ on October 1, 2021, the Project site is not identified on the list of hazardous materials sites compiled according to Government Code Section 65962.5. 3.9(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area? Determination: No Impact. Source: Municipal Code, San Bernardino International Airport Authority, San Bernardino International Airport, Airport Layout Plan Narrative Report, November 2010. Impact Analysis The Project site is not within two miles of an airport or within an airport land use plan. The nearest airport is approximately 2.25 miles south of the San Bernardino International Airport. In addition, the Project site is not within an airport hazard zone. 20 3.9(g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Determination: No Impact. Sources: General Plan, Project Application Materials. Impact Analysis Emergency access to the Project site is available from Highland Avenue, Palm Avenue, and Orange Street. The Project site does not contain any emergency facilities, nor does it serve as an emergency evacuation route. During construction and long‐term operation, the Project would be required to maintain adequate emergency access for emergency vehicles as required by the City. Furthermore, Highland Avenue, Palm Avenue, and Orange Street abutting the site will be further improved in compliance with the City’s roadway standards. As such, the Project would not result 20 Airport Layout Plan Narrative Report for San Bernardino International Airport, November 2010. Packet Pg.892 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.9 Hazards and Hazardous Materials Page 57 in a substantial alteration to the design or capacity of any public road that would impair or interfere with the implementation of evacuation procedures. 3.9 (h) Expose people or structures to a significant risk of loss, injury, or death involving wildland fires? Determination: No Impact. Source: General Plan. Impact Analysis According to General Plan Safety Element Figure S-9- Fire Hazard Areas, the Project site is not within a high fire hazard area. Therefore, the Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, and no impact would occur. (Also see Issue 3.20, Wildfire). Packet Pg.893 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 58 3.10 HYDROLOGY AND WATER QUALITY Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? ✓ b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ✓ c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would: ✓ (i) Result in substantial erosion or siltation on- or off- site? ✓ (ii) Substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or offsite? ✓ (iii) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ✓ (iv) Impede or redirect flood flows? ✓ d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ✓ e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ✓ Packet Pg.894 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 59 Existing Condition In the current condition the property consists of a small residential use buildings, driveway, paved area, landscaping and mostly barren undeveloped open area. The entire property drains via sheet flow to the northwest direction towards Highland Avenue and drains to street gutter in Highland Avenue. The Highland Avenue street gutter drains to the existing storm drain system which ultimately drains to the Baldridge Creek Channel (SBBCFCD Flood Control Channel). The storm water ultimately conveyed to the Santa Ana River via the Upper Warm Creek Channel and Twin Creek Channel. Proposed Drainage System The project is proposing redevelopment of the site to build one-hundred thirty-three units of single-family residential lot, private driveways, private streets, walkways, planters, and landscape areas. The proposed drainage includes below surface infiltration chamber system 1 through 5 (Contech), on-surface retention/infiltration basin (Basin-1), grate inlets with Filter Inserts for pre- treatment, swales, and storm water piping. The proposed Contech inf. chamber systems and the retention/infiltration basin will retain and infiltrate water quality volume and detain the water volume from 2-yr 24-hr storm event for WQ HCOC mitigation and outflow via pipe to drains to Master Storm Drain System. For larger storm event (up to 100- year) , the water will overflow the proposed retention/infiltration basin via overflow riser grate and pipe to drains to Master Storm Drain System in Highland Avenue which ultimately drains to the Baldridge Creek (Concrete Channel Segment) to the southwest corner of the site. WQ HCOC mitigation will be meet by detaining the water volume generates in developed condition (2yr, 24hr storm event) as well as attenuation of runoff flow utilizing the proposed Contech Chamber Systems and the Ret/Inf Basin to mitigate the runoff flow rate to existing Highland & Palm Ave Residential Water Quality Management Plan (WQMP) 1-2 condition. 3.10(a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Determination: Less Than Significant Impact. Sources: Preliminary Drainage Study (Appendix D), Preliminary Water Quality Management Plan (Appendix D). Impact Analysis Construction Impacts Construction of the Project would involve clearing, grading, paving, utility installation, building construction, and the installation of landscaping, which would result in the generation of potential water quality pollutants such as silt, debris, chemicals, paints, and other solvents with Packet Pg.895 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 60 the potential to affect water quality adversely. As such, short‐term water quality impacts can occur during construction activities in the absence of any protective or avoidance measures. According to the requirements of the Santa Ana Regional Water Quality Control Board and the City of San Bernardino, the Project Proponent will be required to obtain a National Pollutant Discharge Elimination System Municipal Stormwater Permit for construction activities. The National Pollutant Discharge Elimination System permit is required for all Projects that include construction activities, such as clearing, grading, and/or excavation that disturb at least one acre of total land area. Compliance with the National Pollutant Discharge Elimination System permit, and the Santa Ana River Basin Water Quality Control Program involves preparing and implementing a Storm Water Pollution Prevention Plan for construction‐related activities, including grading. The Storm Water Pollution Prevention Plan would specify the Best Management Practices that the Project must implement during construction activities to ensure that all potential pollutants of concern are prevented, minimized, and/or otherwise appropriately treated before being discharged from the site. Operational Impacts Storm water pollutants commonly associated with residential land uses include sediment/turbidity, nutrients, trash and debris, oxygen‐demanding substances, organic compounds, bacteria and viruses, oil and grease, and pesticides. The Project will be required to conform with Title 8 of the City of San Bernardino Municipal Code. Title 8 of the City of San Bernardino Municipal Code implements the NPDES and MS4 stormwater runoff requirements. A Preliminary Water Quality Management Plan (PWQMP) has been submitted which will implement the drainage facilities described under Proposed Drainage System on page 56. 3.10(b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Determination: Less Than Significant Impact. Source: 2020 Upper Santa Ana River Watershed, Regional Urban Water Management Plan, Part 2. Impact Analysis Groundwater Supplies The Project site would be served with potable water by the East Valley Water District ( The Urban Water Management Planning Act21requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water 21 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2242 Packet Pg.896 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 61 management plan (UWMP) and update its plan once every five years. The Act requires that a UWMP assess water supply reliability by comparing total projected water use with the expected water supply over the next twenty years in five-year increments. The Act also requires an assessment of single-dry years and multiple-dry years. Water supply and demand for EVWD is included in the 2020 Upper Santa Ana River Watershed, Integrated Regional Urban Water Management Plan (UWMP) which summarizes EVWD water supply availability as follows: EVWD’s water supply is comprised of local groundwater, local surface water and SWP water. EVWD is also developing a new recycled water supply that will be used to replenish the groundwater basin. These same supplies will be used in the future but may shift toward more surface water if EVWD constructs another surface water treatment plant. As discussed in Part 1 Chapter 5, EVWD is applying a Reliability Factor of 15% to their supply reliability analysis to account for uncertainties in supply and demand projections. The 15% value is recommended in a study by the RAND Corporation that evaluated uncertainty factors in the regional supplies and demands, including population growth, per capita water use, climate change impacts on supplies and demands, SWP project supplies and local surface water supplies. See Part 1 Chapter 5 for more details on how the Reliability Factor was established. EVWD EVWD Part 2 Chapter 6 For the purposes of supply projections in this 2020 IRUWMP, is using the 15% Reliability Factor to establish a supply target of 15% more than total projected demand. While utilizing as much local surface water and SWP supplies as feasible, EVWD will source all other supplies from the San Bernardino Basin. As discussed in WesternPart 1 Chapter 3 , the San Bernardino Basin is a shared resource, and the San Bernardino Judgement does not limit pumping by agencies within the Valley District service area. Each agency can pump as much water as they need and if total pumping by all agencies exceeds the safe yield, Valley District is responsible for replenishing the SBB. As shown in Part 1 Chapter 5 , the total planned use of San Bernardino Basin groundwater by all agencies in Valley District’s service area, including the Reliability Factor, is below the safe d in EVWD’s yield of the SBB through 2045 so supplemental recharge is not anticipated to be required and is not include supply projection. However, the S EVWD BB Groundwater Council, which is a member of, may elect to recharge the SBB with supplemental water to provide additional supply reliability.22 Groundwater Recharge Development of the Project would increase impervious surface coverage on the site, which would reduce the amount of direct infiltration of runoff into the ground. This would have a less than significant impact on groundwater recharge in the Bunker Hill Groundwater Basin areas that are managed for that purpose since those recharge areas do not encompass the Project site. 22 Pps. 6-15-16. Packet Pg.897 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 62 3.10(c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would result in: i) Substantial erosion or siltation on- or off-site? ii) A substantial increase in the rate or amount of surface runoff in a manner that would result in flooding on- or offsite? iii) Exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? iv) A substantial increase in the rate or amount of surface runoff in a manner that would create or contribute runoff water which would impede or redirect flood flows? Determination: Less Than Significant Impact. Sources: Preliminary Hydrology and Hydrology Study (Appendix D), Preliminary Water Quality Management Plan (Appendix E). Impact Analysis i) Substantial Erosion or Siltation On- or Off-site Construction Construction of the Project would involve clearing, grading, paving, utility installation, building construction. As such, short‐term water quality impacts resulting from off-site soil erosion or siltation have the potential to occur during the construction of the Project in the absence of any protective or avoidance measures. According to the Santa Ana Regional Water Quality Control Board and the City of San Bernardino requirements, the Project must obtain a National Pollutant Discharge Elimination System Municipal Stormwater Permit for construction activities. The National Pollutant Discharge Elimination System permit is required for all projects that include construction activities, such as clearing, grading, and/or excavation. The required Storm Water Pollution Prevention Plan would specify the Best Management Practices (BMPs) that the Project would be required to implement during construction activities to ensure that off-site soil erosion or siltation are prevented, minimized, and/or otherwise appropriately treated before being discharged from the subject property. Packet Pg.898 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 63 Developed Condition The site will be developed with structures, pavement, and landscaping to minimize the amount of soil erosion and siltation. However, according to Title 8 of the City of San Bernardino Municipal Code, a Water Quality Management Plan is required for managing the quality of storm water or urban runoff that flows from a developed site after construction is completed and the facilities or structures are occupied and/or operational. A Water Quality Management Plan describes the Best Management Practices (BMPs) that will be implemented and maintained throughout the life of a project to prevent and minimize water pollution that can be caused by storm water or urban runoff. ii) Substantial Increase the Rate or Amount of Surface Runoff in a Manner Which Would Result in Flooding On- Or Offsite Exceed the Capacity of Existing or Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of Polluted Runoff Flow generation in the existing and the developed condition for the 100-yr storm event was calculated as 46.7 CFS & 42.1 CFS. There will be an increase of 4.6 CFS in peak flow which is about 11% of the existing peak flow rate. The proposed site is located within the tributary area of the Master Storm Drain System and was planned to drain to the master storm drain system in its future developed condition. The proposed storm drain system can mitigate the increase of the 100-year storm runoff, and the proposed development would not have an adverse impact on the existing storm drain system or downstream flood protection. iv) Substantial Increase in the Rate or Amount of Surface Runoff in a Manner Which Would Create, or Contribute Runoff Water Which Would Impede or Redirect Flood Flows According to General Plan Safety Element Figure S-1- 100-Year Flood Plain, the Project site is not located within a 100-Year Floodplain (i.e., land subject to flooding by the 100-year flood or lands within the floodable elevation that has a one percent chance of being equaled or exceeded each year). The Project site is located within a flood zone per FEMA National Flood Hazard Map 060281, September 2, 2016, and is not subject to flooding. The Project will not impede or redirect flood flows. 3.10(d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Determination: Less Than Significant Impact. Source: General Plan Figure S-1,100 Year Flood Plain. Packet Pg.899 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 64 Impact Analysis Flood Hazard Zone According to General Plan Figure S-1, 100 Year Flood Plain, the Project site is not located within a flood hazard zone. Tsunami inundation Zone According to the California Department of Conservation, California Official Tsunami Inundation Maps, the site is not located within a tsunami inundation zone.23 Seiche Zone The Project would not be at risk from seiche because there is no water body in the Project site area capable of producing as seiche. Dam Inundation Zone The Project site is not located within the dam inundation zone for the Seven Oaks Dam according to General Plan Safety Element Figure S-2, Seven Oaks Dam Inundation Map. The Project would not release pollutants due to inundation. 3.10(e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Determination: Less Than Significant Impact. Sources: Santa Ana Region Water Quality Control Plan, SGMA Basin Prioritization Dashboard, https://gis.water.ca.gov/app/bp- dashboard/final/ Impact Analysis The Water Quality Control Plan (Basin Plan) for The Santa Ana River Basin The Basin Plan for the Santa Ana is the basis for the Regional Board’s regulatory programs. The Basin Plan establishes water quality standards for the ground and surface waters of the region. The term “water quality standards,” as used in the federal Clean Water Act, includes both the beneficial uses of specific waterbodies and the levels of quality which must be met and maintained to protect those uses. The Basin Plan includes an implementation plan describing the actions by the Regional Board and others that are necessary to achieve and maintain the water 23 California Tsunami Maps and Data, https://www.conservation.ca.gov/cgs/tsunami/maps Packet Pg.900 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.10 Hydrology and Water Quality Page 65 quality standards.24 As it affects the Project, the primary regulatory tool is the National Pollutant Discharge Elimination System (NPDES). The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit will contain limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. To implement the Basin Plan, the Project will be required to be in conformance with Title 8 of the City of San Bernardino Municipal Code. Title 8 of the San Bernardino Municipal Code implements the NPDES and MS4 stormwater runoff requirements. A Water Quality Management Plan is required to manage the quality of storm water or urban runoff that flows from a developed site after construction is completed and the facilities or structures are occupied and/or operational. A Water Quality Management Plan describes the Best Management Practices that will be implemented and maintained throughout the life of a project to prevent and minimize water pollution that can be caused by storm water or urban runoff. With the implementation of the drainage system improvements and features described under Issues 3.10a, 3.10b, and 3.10c above, the Project will not conflict with or obstruct the implementation of the Basin Plan. Sustainable Groundwater Management Plan The Sustainable Groundwater Management Act (SGMA) classifies California’s 515 groundwater basins into four categories high, medium, low, or very low-priority. SGMA requires governments and water agencies of high and medium priority basins to halt overdraft and bring groundwater basins into balanced levels of pumping and recharge. According to the SGMA Basin Prioritization Dashboard accessed on October 5, 2021, the Project site is located within the Upper Santa Ana Valley Basin and is classified as “low priority” and is not subject to the provisions of a Sustainable Groundwater Management Plan.25 24 Santa Ana River Basin Plan, https://www.waterboards.ca.gov/santaana/water_issues/programs/basin_plan/ 25 SGMA Basin Prioritization Dashboard, https://gis.water.ca.gov/app/bp-dashboard/final/ Packet Pg.901 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.11 Land Use and Planning Page 66 3.11 LAND USE AND PLANNING Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Physically divide an established community? ✓ b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ✓ 3.11(a) Physically divide an established community? Determination: No Impact. Sources: Project Application Materials, Google Earth. Impact Analysis An example of a Project that can divide an established community includes the construction of a new freeway or highway through an established neighborhood. The Project site consists of vacant undeveloped land. To the north is single-family residential development. To the south is Highland Avenue followed by commercial development, vacant land, and a medical facility. To the east is a convenience store with a gas station and Palm Avenue followed by commercial development and single-family residential development. To the west is a car wash, an apartment complex, vacant land, and Patton State Hospital. The Project would not divide an established community. 3.11(b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Determination: Less Than Significant Impact With Mitigation Incorporated. Sources: This Initial Study Impact Analysis Land use impacts would be considered significant if the Project would conflict with a land-use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Conflicts with any land use plan, policy, or regulation of an agency with jurisdiction over Packet Pg.902 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.11 Land Use and Planning Page 67 the Project (including, but not limited to the general plan, specific plan, or zoning ordinance) adopted to avoid or mitigate an environmental effect are summarized below. ▪ General Plan: Chapter 2, Land Use, Chapter 5, Community Design, Chapter 7, Public Facilities & Services, Chapter 8, Parks, Recreation, and Trails, Chapter 9, Utilities, Chapter 10, Safety, Chapter 11, Historical and Archaeological Resources, Chapter 12, Natural Resources and Conservation, Chapter 13, Energy and Water Conservation, Chapter 14, Noise. (Refer to the analysis under the related environmental topic throughout this Initial Study document). ▪ Municipal Code Title 8. Health & Safety, Title 15, Buildings & Construction, Title 19, Land Use/Subdivision Regulations. Refer to the analysis under the related environmental topic throughout this Initial Study document) ▪ South Coast Air Quality Management District 2016 Air Quality Management Plan (Refer to Threshold 4.3 (a) in Section 4.2, Air Quality for analysis). ▪ San Bernardino County Regional Greenhouse Gas Reduction Plan (Refer to Threshold 4.8 (b) in Section 4.8, Greenhouse Gas Emissions for analysis). ▪ Southern California Association of Governments Connect SoCal – The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy. (Refer to Threshold 4.8 (b) in Section 4.8, Greenhouse Gas Emissions for analysis). ▪ Santa Ana Regional Water Quality Control Board’s Santa Ana River Basin Water Quality Control Program. (Refer to Threshold 4.10 (e) in Section 4.10, Hydrology and Water Quality for analysis. As disclosed in this Initial Study document, implementation of the Project would result in potentially significant impacts to the environment concerning Biological Resources, Cultural Resources, Paleontological Resources, Noise, and Tribal Cultural Resources; however, in all instances where potentially significant impacts have been identified, the following mitigation measures are required to reduce each impact to less‐than‐significant levels. BIO-1-Pre-Construction Burrowing Owl Survey BIO-2-Nesting Bird Survey CR-1- Archaeological Monitoring CR-2-Archaeological Inadvertent Discovery GEO-1-Paleontological Inadvertent Discovery GEO-2- Paleontological Treatment Plan TCR-1-Tribal Monitoring TCR-2-Treatment of Cultural Resources TCR-3-Inadvertent Discoveries of Human Remains/Funerary Objects Packet Pg.903 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.12 Mineral Resources Page 68 3.12 MINERAL RESOURCES Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ✓ b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land-use plan? ✓ 3.12(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Determination: No Impact. Source: General Plan. Impact Analysis The Surface Mining and Reclamation Act (SMARA) identifies land designated as Mineral Resources Zones of State-wide or regional importance. According to General Plan Figure NRC-3: Mineral Resource Zones, the Project site is not within an area mapped as a Mineral Resource Zone. In addition, there is no mineral resource extraction occurring on the Project site, and no mineral resource extraction activity is known to have ever occurred on the Project site. Accordingly, the project's implementation would not result in the loss of availability of a known mineral resource that would be of value to the region or the residents of the State of California. 3.12(b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land-use plan? Determination: No Impact. Source: General Plan. Impact Analysis The Genera Plan currently designates the Project site as CG (General Commercial). The proposed land use Multi-Family Residential (MFR). These land use designations do not allow mineral resource recovery. As such, the Project will not result in the loss of availability of a locally Packet Pg.904 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.12 Mineral Resources Page 69 important mineral resource recovery site delineated on a local general plan, specific plan, or other land-use plan. Packet Pg.905 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.13 Noise Page 70 3.13 NOISE Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? ✓ b. Generation of excessive groundborne vibration or groundborne noise levels? ✓ c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ✓ 3.13(a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Determination: Less Than Significant Impact. Source: Noise Assessment Technical Memorandum (Appendix G), Municipal Code. Impact Analysis Existing Noise Environment The primary source for existing ambient noise in the Project area is from traffic along Highland Avenue and North Palm Avenue. The current average daily vehicle trips along Highland Avenue are approximately 20,440 average daily vehicle trips (ADT)26 . Noise analysis performed on projects in the City indicate that similar roadways with an approximately 18,400 to 22,200 ADT noise levels have been measured at 68.9 to 69.7 dBA CNEL 100 feet from the Roadway 26 City of San Bernardino Public Works/Traffic Engineering, 24‐Hour Traffic Count Map, with 2% increase per annum calculated. https://www.sbcity.org/pdf/DevSvcs/traffic%20map.pdf 2 Washington Commerce Center West Project Initial Study/Mitigated Negative Declaration Table 12-1, September 2018. Packet Pg.906 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.13 Noise Page 71 Centerline27. As such outdoor ambient noise levels in the area of the Project are expected to be below 70 CNEL. Sensitive Land Uses in the Project Vicinity Sensitive receptors that may be affected by Project-generated noise are the existing residential land uses the north and east of the Project site. Construction Noise Construction activities that would create noise include site preparation, grading, building construction, paving, and architectural coating. Noise levels associated with the construction will vary with the different types of construction equipment, the duration of the activity, and the distance from the source. Construction noise will have a temporary or periodic increase in the ambient noise level above the existing levels within the Project vicinity. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Noise levels will be loudest during the site preparation and grading phases. Table 11, Typical Construction Equipment Noise Levels, identifies the noise level generated by construction equipment. Table 11. Typical Construction Equipment Noise Levels Type Lmax (dBA) at 50 Feet Lmax (dBA) at 100 Feet Backhoe 80 74 Grader, Dozer, Excavator, Scraper 85 79 Truck 84 78 Concrete Mixer 85 79 Pneumatic Tool 85 79 Pump 77 71 Saw, Electric 76 70 Air Compressor 80 74 Generator 82 76 Paver 85 79 Roller 85 79 Source: FTA Transit Noise and Vibration Impact Assessment Manual, Sept. 2018 Residential uses around the proposed Project Site are located approximately 25 feet from the northeast corner boundary, approximately 50 feet from the north boundary, approximately 110 feet from the east boundary, and 130 feet from the northwest corner boundary. Additionally, the Project site’s east boundary is North Palm Avenue, and the south boundary is East Highland Packet Pg.907 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.13 Noise Page 72 Avenue. Commercial uses are located on the southeast and southwest corner boundaries of the site. San Bernardino has set restrictions to control noise impacts from construction activities. Section 8.54.070 of the San Bernardino Municipal Code states that no person shall be engaged or employed, or cause any person to be engaged or employed, in any work of construction, erection, alteration, repair, addition, movement, demolition, or improvement to any building or structure except within the hours of 7:00 a.m. and 8:00 p.m. The Municipal Code also exempts certain activities associated with the proposed project. Section 8.54.060(I) states that noise resulting from “Construction, repair, or excavation work performed pursuant to a valid written agreement with the City, or any of its political subdivisions, which provides for noise mitigation measures” are exempt from the provisions of Chapter 8. While the City establishes limits to the hours during construction activity, it does not identify specific noise level limits for construction noise levels. Therefore, to evaluate whether the Project will generate a substantial increase in the short-term noise levels at the offsite sensitive receptors (residences), the construction-related noise level threshold is based on the National Institute for Occupational Safety and Health (NIOSH) recommended exposure limit (REL) for occupation noise exposure at 85 dBA, as an 8-hour time-weighted average (85 dBA – 8-hr TWA). As indicated in Table 11, the highest equipment noise level will be equipment operating at 85 dBA. The noise levels will be the highest during the construction phase as heavy equipment passes along the Project site boundaries. During the site preparation and grading, phases equipment will not be stationary; rather, equipment will be moving throughout the site and varying speeds and power levels and, as a result, not operating at the maximum noise level for the entire workday. From the center of the site to the nearest sensitive receptor is 330-feet, decreasing the 85 dBA noise level to 68.6 dBA. These levels are below the NIOSH REL of 85 dBA 8-hour TWA and would be less than significant. Construction noise is short-term and will not present any long-term impacts on the project site or the surrounding area. Operational Noise (Stationary) Typical operational sound levels generated by single-family residential activities include everyday outdoor conversations, air conditioner units, and lawn care equipment with levels as indicated below: ▪ Normal conversation, air conditioner - 60 dBA ▪ Gas-powered lawnmowers and leaf blowers – 80 to 85 dBA.28 28 Center for Disease Control, “Loud Noised Can Cause Hearing Loss”. ,https://www.cdc.gov/nceh/hearing_loss/default.html, accessed on November 11, 2021. Packet Pg.908 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.13 Noise Page 73 Noise generated from air conditioners and lawn care equipment is not constant and consistent throughout the day. Lawn care is performed during daylight hours for short durations, and although air conditioners are operating both day and night, they are cycling on/off with windows closed conditions. As indicated in Section 3.2 of this memorandum, noise levels would be attenuated with mobile noise sources with standard building construction and windows closed by approximately 25 dBA. The USEPA identifies noise levels affecting health and welfare as exposure levels over 70 dBA over 24 hours. Noise levels for various levels are identified according to the use of the area. Levels of 45 dbA are associated with indoor residential areas, hospitals, and schools, whereas 55 dBA is identified for outdoor spaces where typical residential human activity occurs. According to the USEPA, levels of 55 dbA outdoors and 45 dbA indoors are identified as levels of noise considered to permit spoken conversation and other activities such as sleeping, working, and recreation, which are part of the daily human condition.29 Levels exceeding 55 dbA in a residential setting usually are short in duration and not significant in affecting the health and welfare of residents. Offsite Traffic Noise Impacts Vehicle noise is a combination of the noises produced by the engine, exhaust, and tires. The primary source of noise generated by the Project will be from the vehicle traffic generated by the vehicle ingress and egress to the Project site. Under existing conditions, the site does not generate any traffic noise that impacts the surrounding area. According to the Federal Highway Administration, Highway Traffic Noise Analysis and Abatement Policy and Guidance, the level of roadway traffic noise depends on three things: (l) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow of the traffic. Generally, the loudness of traffic noise is increased by heavier traffic volumes, higher speeds, and greater numbers of trucks. These factors are discussed below. The Volume of the Traffic Upon buildout, the proposed Project is expected to generate approximately 1,265 average daily vehicle trips3, which will increase the ambient traffic noise levels in the vicinity of the Project site in comparison to the existing site conditions (vacant land). General Plan Figure C-2, Circulation, classifies Highland Avenue and North Palm Avenue as “Major Arterial”. Highland and North Palm Avenues are designed to accommodate higher traffic volumes as primary linking thoroughfares to and from the City to adjacent cities and the regional highway system. The primary source for existing ambient noise in the Project area is from traffic along Highland Avenue and Palm Avenue. The current average daily vehicle trips along Highland Avenue and 29 USEPA “EPA Identifies Noise Levels Affecting Health and Welfare” https://archive.epa.gov/epa/aboutepa/epa-identifies- noise-levels-affecting-health-and-welfare.html accessed November 11, 2021. Packet Pg.909 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.13 Noise Page 74 Palm Avenue are approximately 20,440 and 3,781 average daily vehicle trips (ADT) respectively. Noise analysis performed on projects in the City indicate that similar roadways with an approximately 18,400 to 22,200 ADT noise levels have been measured at 68.9 to 69.7 dBA CNEL 100 feet from the roadway centerline additionally, the assessment indicates that an increase of approximately 1,800 vehicles per day would create an approximately 0.4 dBA increase in traffic generated noise.4 The Project is expected to increase traffic by approximately 1,265 average daily vehicle trips, as such increases into the ambient noise level created by the project will be less than significant According to Caltrans, the human ear is able to begin to detect sound level increases of 3 decibels (dB) in typical noisy environments.30 A doubling of sound energy (e.g., doubling the volume of traffic on a highway) that would result in a 3-dBA increase in sound would generally be barely detectable. Implementation of the Project will increase traffic volumes in the area occurring along Highland Avenue and Palm Avenue but not to the extent that traffic volumes will be doubled, creating a +3dBA noise increase or resulting in a perceivable noise increase. Therefore, operational noise impacts would be less than significant. The Speed of Traffic Highland Avenue has a speed limit of 40 mph North Palm Avenue has a speed limit of 35 mph and 25 mph in the school zone to the north when children are present. These low levels of speeds do not result in vehicles generating high levels of noise. The Number of Trucks in the Flow of the Traffic The Project is a residential development, and it will not generate noise from large trucks. 3.13(b) Generation of excessive ground-borne vibration or ground-borne noise levels? Determination: Less Than Significant Impact. Sources: Municipal Code, Project Application Materials. Impact Analysis Construction Vibration The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations. In general, the FTA architectural damage criterion for continuous vibrations (i.e., 0.20 inches per second) appears to be conservative. The types of 30 Caltrans, Traffic Noise Analysis Protocol, April 2020, p.7-1. Packet Pg.910 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.13 Noise Page 75 construction vibration impact include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly above the threshold of human perception for extended periods. Building damage can be cosmetic or structural. Typical vibrations produced by construction equipment are shown in Table 12, Typical Vibration Level for Construction Equipment. Table 12. Typical Vibration Level for Construction Equipment. Equipment Type Typical Vibration Levels for Construction Equipment (PPV [in/sec]) 25 feet 50 feet 100 feet Large Bulldozer 0.089 0.0315 0.0111 Loaded Trucks 0.076 0.0269 0.0095 Small Bulldozer 0.003 0.0011 0.0004 Jackhammer 0.035 0.0124 0.0044 Vibratory Compactor 0.210 0.0742 0.0263 Source: FTA Transit Noise and Vibration Impact Assessment Manual. Construction of the Project will not employ any pile driving, rock blasting, or rock crushing equipment during construction activities, which are the primary sources of ground‐borne noise and vibration during construction. Outdoor site preparation for the Project is expected to require the use of a large bulldozer, which would generate ground‐borne vibration of up to 0.089 PPV [in/sec] and loaded trucks, which would generate and 0.076 PPV [in/sec] when measured to closest residential structures located approximately 25 feet to the north of the Project site. These vibration levels are below any threshold of damage. The impact is less than significant, and no mitigation is required. Operational Vibration Noise Typical sources of vibration noised are heavy industrial uses and railroad tracks. The proposed Project is a residential use and would therefore not generate significant vibration noise levels. Packet Pg.911 Highland Avenue & Palm Avenue Residential Project Initial Study/Mitigated Negative Declaration June 8, 2022 3.13 Noise Page 76 3.13 (c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Determination: No Impact. Sources : Municipal Code. San Bernardino International Airport, Airport Layout Plan Narrative Report. Impact Analysis The Project site is not within two miles of an airport or within an airport land use plan. The nearest airport is the San Bernardino International Airport, approximately 2.25 miles south of the site. The Project site is not within the noise impact contours of the airport.31 31 Figure 4-6 of the Eastgate Air Cargo Facility FEIR, SBIAA, July 2, 2019. Packet Pg.912 Highland Avenue and Palm Avenue Residential Project 3.14 Population and Housing Initial Study/Mitigated Negative Declaration June 8, 2022 Page 77 3.14 POPULATION AND HOUSING Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? ✓ b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ✓ 3.14(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? Determination: Less than Significant Impact. Source: Project Application Materials. Impact Analysis Typically, growth would be considered a potentially significant impact if it encourages unplanned growth into an area where infrastructure and utilities are not available. The Project site is considered an infill development site because it is surrounded by existing developments and infrastructure and utility extensions are not required to serve the Project. 3.14(b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? Determination: Less Than Significant Impact. Sources: Project Application Materials. Plans, Policies, or Programs (PPP) Packet Pg.913 Highland Avenue and Palm Avenue Residential Project 3.14 Population and Housing Initial Study/Mitigated Negative Declaration June 8, 2022 Page 78 The Project site contains one residential unit. Therefore, the Project's implementation would not displace a substantial number of existing housing, nor would it necessitate the construction of replacement housing elsewhere. Packet Pg.914 Highland Avenue and Palm Avenue Residential Project 3.15 Public Services Initial Study/Mitigated Negative Declaration June 8, 2022 Page 79 3.15 PUBLIC SERVICES Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? ✓ 2) Police protection? ✓ 3) Schools? ✓ 4) Parks? ✓ 5) Other public facilities? ✓ 3.15(a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: FIRE PROTECTION Determination: Less Than Significant Impact. Source: San Bernardino County Fire District. Impact Analysis The San Bernardino County Fire District provides fire protection services to the Project site. The nearest fire station is Fire Station No. 228, located at 3398 E. Highland Avenue adjacent to the Project site. Packet Pg.915 Highland Avenue and Palm Avenue Residential Project 3.15 Public Services Initial Study/Mitigated Negative Declaration June 8, 2022 Page 80 Development of the Project would impact fire protection services by placing additional demand on existing fire protection resources should its resources not be augmented. To offset the increased demand for fire protection services, the Project would be conditioned by the City to provide a minimum of fire safety and support fire suppression activities, including compliance with State and local fire codes, fire sprinklers, a fire hydrant system, paved access, and secondary access routes. The City of San Bernardino Municipal Code, Chapter 3.27 requires a fee payment that the City applies to the funding of public facilities, including law enforcement facilities, vehicles, and equipment, to offset the incremental increase in the demand for fire protection services that the Project would create. In addition, as required by the City’s project development review process, the Project plans were routed to the Fire Department for review and comment on the impacts of providing fire protection services. The Fire Department did not indicate that the Project would require new or physically altered fire facilities to maintain acceptable service ratios, response times, or other performance objectives. Based on the above analysis, impacts related to fire protection are less than significant. POLICE PROTECTION Determination: Less Than Significant Impact. Sources: City of San Bernardino Police Department. Impact Analysis The City of San Bernardino Police Department would provide police protection services to the Project via their headquarters at 710 North D Street. The Project site is in an urbanized area that is regularly patrolled. The City of San Bernardino Municipal Code, Chapter 3.27, requires a fee payment that the City applies to the funding of public facilities, including law enforcement facilities, vehicles, and equipment, to offset the incremental increase in the demand for police protection services that the Project would create. The Project is not expected to result in the need for new or physically altered fire facilities to maintain acceptable service ratios, response times, or other performance objectives. Based on the above analysis, impacts related to police protection are less than significant. Packet Pg.916 Highland Avenue and Palm Avenue Residential Project 3.15 Public Services Initial Study/Mitigated Negative Declaration June 8, 2022 Page 81 SCHOOLS Determination: Less Than Significant Impact. Sources: California Senate Bill 50 (Greene), Project Application Materials. Impact Analysis The proposed Project is located within the area served by San Bernardino City Unified School District (SBCUSD). The Project would be required to contribute fees to the SBCUSD in accordance with the Leroy F. Greene School Facilities Act of 1998 (Senate Bill 50). According to Senate Bill 50, payment of school impact fees constitutes complete mitigation under CEQA for Project‐related impacts to school services. PARKS Determination: Less Than Significant Impact. Source: Project Application Materials. Impact Analysis According to City of San Bernardino General Plan Policy 8.1.1, 5.0 acres of parkland is required for every 1,000 residents. The Project would generate a demand for approximately 2.31 acres of parkland. Although the Project provides common open space on-site, it does not propose any public parks. The City of San Bernardino Municipal Code, Chapter 3.27, requires the subdivider, as a condition of approval of a tentative map, to pay a fee in lieu, dedicate land, or both, at the discretion of the Council for park and/or recreational purposes according to the Subdivision Map Act, Government Code Section 66477. The Project is proposing to pay an in-lieu fee. The Project’s contribution of Development Impact fees for park and recreation facilities is within the City would result in a less than significant impact. OTHER PUBLIC FACILITIES Determination: Less Than Significant Impact. Source: Project Application Materials. Impact Analysis The City of San Bernardino Municipal Code, Chapter 3.27, requires payment of the Development Impact Fee to assist the City in providing public facilities such as libraries, public meeting facilities, and aquatic facilities. Payment of the Development Impact Fee would ensure that the Project provides a fair share of funds for additional public facilities. Packet Pg.917 Highland Avenue and Palm Avenue Residential Project 3.16 Recreation Initial Study/Mitigated Negative Declaration June 8, 2022 Page 82 3.16 RECREATION Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ✓ b. Does the Project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? ✓ 3.16(a) Would the proposed Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Determination: Less than Significant Impact. Source: Project Application Materials. Impact Analysis The Project would not cause substantial physical deterioration of any park facilities or accelerate the physical deterioration of any park facilities because the Project results in a relatively small increase in population of 462 persons32, and on-site recreation areas are provided. 3.16(b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities that might adversely affect the environment? Determination: Less than Significant Impact With Mitigation Incorporated. Source: Project Ap plication Materials Impact Analysis The Project proposes 21,859 square feet of open space. The environmental impacts created by the open space are evaluated throughout this Initial Study document. In instances where 32 California Department of Finance E-5 Population Estimates (3.45 persons per household), https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ Packet Pg.918 Highland Avenue and Palm Avenue Residential Project 3.16 Recreation Initial Study/Mitigated Negative Declaration June 8, 2022 Page 83 significant impacts have been identified, mitigation measures are required to reduce impacts to less‐than‐significant levels. Packet Pg.919 Highland Avenue and Palm Avenue Residential Project 3.17 Transportation Initial Study/Mitigated Negative Declaration June 8, 2022 Page 84 3.17 TRANSPORTATION Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the Project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? ✓ b. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ✓ c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ✓ d. Result in inadequate emergency access? ✓ 3.17(a) Would the Project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Determination: Less Than Significant Impact. Source. Project Application Materials. Note: Changes to California Environmental Quality Act (CEQA) Guidelines were adopted in December 2018, which require all lead agencies to adopt Vehicle Miles Traveled (VMT) as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate took effect July 1, 2020. Results related to LOS will be evaluated through the City’s development review process apart from CEQA and are not addressed in this Initial Study document. Roadway System Analysis The General Plan require that all City streets be constructed, maintained, and rehabilitated in an adequate, safe, and interconnected system of transit, pedestrian and bicycle paths in accordance with the Circulation Plan (Figure C-2) and the standards established by the Public Works Packet Pg.920 Highland Avenue and Palm Avenue Residential Project 3.17 Transportation Initial Study/Mitigated Negative Declaration June 8, 2022 Page 85 Department.33 The Projects site is bordered by Highland Avenue to the south, Palm Avenue to the east, and Orange Street to the west. Highland Avenue and Palm Avenue are classified as a “Major Arterial” by the Circulation Plan. Orange Street is classified as a “Collector.” Although these streets are existing, additional improvements such as the pavement rehabilitation, curbs, gutters, sidewalks, and parkway landscaping will be provided consistent with the City’s street design standards. Transit Service Analysis OmniTrans provides bus service to the City of San Bernardino. Line 3 runs along Highland Avenue adjacent to the Project site. The Project is not proposing any roadway improvements that interfere with the existing bus route or future transit bus stops. Bicycle & Pedestrian Facilities Analysis Pedestrian and bicycle access will be available to the Project site from Highland Avenue, Palm Avenue, and Orange Street via sidewalks and the street travel lanes. In conclusion, the Project would not conflict with an applicable plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities. 3.17(b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Determination: Less Than Significant Impact. Source: SBCTA Screening Tool. Impact Analysis The San Bernardino County Transportation Authority (SBCTA) VMT Screening Tool (Tool) is a web- based GIS application developed by SBCTA and its member jurisdictions to determine whether a future land development project meets set thresholds requiring thorough VMT analysis. The tool relies on a hybrid version of the San Bernardino Transportation Analysis Model (SBTAM), which uses a 2016 base year consistent with the 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and a 2040 forecast year consistent with the 2040 RTP/SCS. Based on the SBCTA Screening Tool, the City’s baseline (2020) VMT per service population is 34.0, and future buildout (the year 2040) VMT per service population is 32.8. A project’s VMT analysis follows the process of first using screening criteria, identifying the significance threshold, selecting the VMT metric, and, lastly, determining requirements for modeling and assessment. Based on City’s guidelines, project screening criteria were applied to the proposed project to determine if it could be screened out from further VMT analysis. Its impacts can be presumed to be less than significant. 33 General Plan Chapter 6, Circulation. Packet Pg.921 Highland Avenue and Palm Avenue Residential Project 3.17 Transportation Initial Study/Mitigated Negative Declaration June 8, 2022 Page 86 Low VMT Area Screening Analysis A low VMT Area is defined as an individual traffic analysis zone (TAZ). The total daily Origin/Destination VMT per service population is lower than the City's average daily Origin/Destination VMT per service population. To identify if the Project is in a low VMT- generating area, the San Bernardino County Transportation Authority (SBCTA) VMT Screening Tool was applied to the Project. The results of the Low WMT Screening are shown in Table 3.17- 1, Results of Low VMT Area Screening Tool below. Table 12. Results of Low VMT Area Screening Tool Traffic Analysis Zone (TAZ) City Average VMT (1) Project VMT (2) Screening Criteria Satisfied? 53829102 30.0 29.6 YES Source: SBCTA Screening Tool located at: https://www.arcgis.com/apps/webappviewer/index.html?id=779a71bc659041ad995cd48d9ef4052b Based on the VMT screening analysis above, the VMT per service population for the proposed project would be lower than the City’s average VMT. Therefore, the proposed Project is presumed to have a less than significant VMT impact. 3.17(c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Determination: No Impact. Source: Project Application Materials. Impact Analysis Future access to the Project site will from Palm Avenue and Orange Street, improved roadways abutting the site that would meet City standards. The Project proposes constructing new internal streets that connect to Palm Avenue and Orange Street. All new roads will be built to meet City standards to ensure traffic hazards are not created. In addition, the Project is in a commercial and residential area. The Project would not be incompatible with existing development in the surrounding area to the extent that it would create a transportation hazard resulting from an incompatible use (e.g., farm equipment). Accordingly, the Project would not substantially increase hazards due to a design feature or incompatible use. Packet Pg.922 Highland Avenue and Palm Avenue Residential Project 3.17 Transportation Initial Study/Mitigated Negative Declaration June 8, 2022 Page 87 3.17(d) Result in inadequate emergency access? Determination: Less Than Significant Impact. Source: Project Application Materials. Impact Analysis Adequate emergency access would be provided to the Project site from Palm Avenue and Orange Street. During the review of the Project, the Project’s transportation design was reviewed by the City’s Engineering Department and Fire Department to ensure that adequate access to and from the site would be provided for emergency vehicles. Packet Pg.923 Highland Avenue and Palm Avenue Residential Project 3.18 Tribal Cultural Resources Initial Study/Mitigated Negative Declaration June 8, 2022 Page 88 3.18 TRIBAL CULTURAL RESOURCES Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ✓ b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? ✓ 3.18(a) Listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: AB 52 and SB18 Consultation. The property is vacant undeveloped land, except for a single-family residential structure located in the western portion of the property along Orange Street. Surrounding properties are a mixture of residential and commercial use, with a gasoline service station located adjacent to the southeast of the property. According to the County of San Bernardino Tax Assessor’s Office and aerial photography, the residential structure was constructed in 1973.34 The minimum age criterion for the National Register of Historic Places (NRHP) and the California Register of Historical Resources (CRHR) is 50 years. In terms of age, the structure is 48 years old and does not meet this criterion. A data review was conducted of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), and documents and inventories from the California 34 Tax Collector-Property Search https://www.mytaxcollector.com/trSearch.aspx Packet Pg.924 Highland Avenue and Palm Avenue Residential Project 3.18 Tribal Cultural Resources Initial Study/Mitigated Negative Declaration June 8, 2022 Page 89 Office of Historic Preservation (OHP), including the lists of California Historical Landmarks, California Points of Historical Interest, listing of NRHP Properties, and the Inventory of Historic Structures. The structures are not identified on any of these lists.35 In addition, the City conducted a Historic Resources Reconnaissance Survey in 1991, which is considered a local register of historic resources under state law. A “local register of historic resources” is broadly defined in §5020.1 (k) as “a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution.” Local registers of historic properties come essentially in two forms: (1) surveys of historic resources conducted by a local agency in accordance with Office of Historic Preservation procedures and standards, adopted by the local agency and maintained as current, and (2) landmarks designated under local ordinances or resolutions. (Public Resources Code §§ 5024.1, 21804.1, 15064.5). The Historic Resources Reconnaissance Survey provides for the most complete overview of historically significant properties and neighborhoods within the City that were considered historically sensitive at the time of its adoption. It forms the single most important resource to the City for historic preservation planning. The property is not identified as a historic resource based on the survey. However, there is the possibility that sub-surface tribal cultural resources listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) may be encountered at deeper levels during grading. If such sub-surface tribal cultural resources are encountered during the project's earthmoving operations, Mitigation Measures CR-1 and CR-2 shall apply. (Refer to Section 3.5 (a) under Cultural Resources. 3.18(b A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: AB 52 & SB18 Consultation. Tribal Cultural Resources consist of the following: 1. A tribal cultural resource listed in or determined to be eligible by the State Historical Resources Commission for listing in the California Register of Historical Resources. (2) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: 35 OHP Tools, https://ohp.parks.ca.gov/?page_id=27959 Packet Pg.925 Highland Avenue and Palm Avenue Residential Project 3.18 Tribal Cultural Resources Initial Study/Mitigated Negative Declaration June 8, 2022 Page 90 (A) Included or determined to be eligible for inclusion in the California Register of Historical Resources. (B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. (2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant according to criteria outlined in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. Assembly Bill (AB) 52 created a process for consultation with California Native American Tribes in the CEQA process. Tribal Governments can request consultation with a lead agency and give input into potential impacts to tribal cultural resources before the agency decides what kind of environmental assessment is appropriate for a proposed project. SB 18 requires local governments to consult with tribes before making certain planning decisions and to notify tribes at certain key points in the planning process. These consultation and notice requirements apply to the adoption and amendment of both general plans (defamed in Government Code §65300 et seq.) and specific plans (defined in Government Code §65450 et seq.). The Planning Division notified California Native American Tribes per the requirements of AB52 and SB18. The San Manuel Band of Mission Indians (SMBMI) requested consultation. During the consultation, SMBMI indicated the Project site has a heightened sensitivity for tribal cultural resources. Therefore, the following mitigation measures are required: TCR-1 -Tribal Monitoring. Due to the heightened cultural sensitivity of the proposed project area, Tribal monitors representing the San Manuel Band of Mission Indians shall be present for all ground-disturbing activities that occur within the native soil of the proposed project area (which includes, but is not limited to, tree/shrub removal and planting, clearing/grubbing, grading, excavation, trenching, compaction, fence/gate removal and installation, drainage and irrigation removal and installation, hardscape installation [benches, signage, boulders, walls, seat walls, fountains, etc.], and archaeological work). A sufficient number of Tribal monitors shall be present each workday to ensure that simultaneously occurring ground disturbing activities receive thorough levels of monitoring coverage. A Monitoring and Treatment Plan that is reflective of the project mitigation (“Cultural Resources” and “Tribal Cultural Resources”) shall be completed by the archaeologist, as detailed within CUL-1, and submitted to the Lead Agency for dissemination to the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI). Once all parties review and agree to the plan, it shall be adopted by the Lead Agency – the plan must be adopted prior to permitting for the project. Any and all findings will be subject to the protocol detailed within the Monitoring and Treatment Plan. Packet Pg.926 Highland Avenue and Palm Avenue Residential Project 3.18 Tribal Cultural Resources Initial Study/Mitigated Negative Declaration June 8, 2022 Page 91 TCR-2- Treatment of Cultural Resources. If a pre-contact cultural resource is discovered during archaeological presence/absence testing, the discovery shall be properly recorded and then reburied in situ. A research design shall be developed by the archaeologist that shall include a plan to evaluate the resource for significance under CEQA criteria. Representatives from the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI), the archaeologist/applicant, and the Lead Agency shall confer regarding the research design, as well as any testing efforts needed to delineate the resource boundary. Following the completion of evaluation efforts, all parties shall confer regarding the archaeological significance of the resource, its potential as a Tribal Cultural Resource (TCR), avoidance (or other appropriate treatment) of the discovered resource, and the potential need for construction monitoring during project implementation. Should any significant resource and/or TCR not be a candidate for avoidance or preservation in place, and the removal of the resource(s) is necessary to mitigate impacts, the research design shall include a comprehensive discussion of sampling strategies, resource processing, analysis, and reporting protocols/obligations. Removal of any cultural resource(s) shall be conducted with the presence of a Tribal monitor representing the Tribe, unless otherwise decided by SMBMI. All plans for analysis shall be reviewed and approved by the applicant and SMBMI prior to implementation, and all removed material shall be temporarily curated on-site. It is the preference of SMBMI that removed cultural material be reburied as close to the original find location as possible. However, should reburial within/near the original find location during project implementation not be feasible, then a reburial location for future reburial shall be decided upon by SMBMI, the landowner, and the Lead Agency, and all finds shall be reburied within this location. Additionally, in this case, reburial shall not occur until all ground- disturbing activities associated with the project have been completed, all monitoring has ceased, all cataloguing and basic recordation of cultural resources have been completed, and a final monitoring report has been issued to Lead Agency, CHRIS, and SMBMI. All reburials are subject to a reburial agreement that shall be developed between the landowner and SMBMI outlining the determined reburial process/location and shall include measures and provisions to protect the reburial area from any future impacts (vis a vis project plans, conservation/preservation easements, etc.). Should it occur that avoidance, preservation in place, and on-site reburial are not an option for treatment, the landowner shall relinquish all ownership and rights to this material and confer with SMBMI to identify an American Association of Museums (AAM)-accredited facility within the County that can accession the materials into their permanent collections and provide for the proper care of these objects in accordance with the 1993 CA Curation Guidelines. A curation agreement with an appropriate qualified repository shall be developed between the landowner and museum that legally and physically transfers the collections and associated records to the facility. This agreement shall stipulate the payment of fees necessary for permanent curation of the collections and associated records and the obligation of the Project developer/applicant to pay for those fees. All draft records/reports containing the significance and treatment findings and data recovery results shall be prepared by the archaeologist and submitted to the Lead Agency and SMBMI for Packet Pg.927 Highland Avenue and Palm Avenue Residential Project 3.18 Tribal Cultural Resources Initial Study/Mitigated Negative Declaration June 8, 2022 Page 92 their review and comment. After approval from all parties, the final reports and site/isolate records are to be submitted to the local CHRIS Information Center, the Lead Agency, and SMBMI. TCR-3 – Inadvertent Discoveries of Human Remains/Funerary Objects. In the event that any human remains are discovered within the project area, ground disturbing activities shall be suspended 100 feet around the resource(s) and an Environmentally Sensitive Area (ESA) physical demarcation/barrier constructed. The on-site lead/foreman shall then immediately who shall notify SMBMI, the applicant/developer, and the Lead Agency. The Lead Agency and the applicant/developer shall then immediately contact the County Coroner regarding the discovery. If the Coroner recognizes the human remains to be those of a Native American or has reason to believe that they are those of a Native American, the Coroner shall ensure that notification is provided to the NAHC within twenty-four (24) hours of the determination, as required by California Health and Safety Code § 7050.5 ®. The NAHC-identified Most Likely Descendant (MLD), shall be allowed, under California Public Resources Code § 5097.98 (a), to (1) inspect the site of the discovery and (2) make determinations as to how the human remains and funerary objects shall be treated and disposed of with appropriate dignity. The MLD, Lead Agency, and landowner agree to discuss in good faith what constitutes “appropriate dignity” as that term is used in the applicable statutes. The MLD shall complete its inspection and make recommendations within forty-eight (48) hours of the site visit, as required by California Public Resources Code §5097.98. Reburial of human remains and/or funerary objects (those artifacts associated with any human remains or funerary rites) shall be accomplished in compliance with the California Public Resources Code §5097.98 (a) and (b). The MLD in consultation with the landowner, shall make the final discretionary determination regarding the appropriate disposition and treatment of human remains and funerary objects. All parties are aware that the MLD may wish to rebury the human remains and associated funerary objects on or near the site of their discovery, in an area that shall not be subject to future subsurface disturbances. The applicant/developer/landowner should accommodate on-site reburial in a location mutually agreed upon by the Parties. It is understood by all Parties that unless otherwise required by law, the site of any reburial of Native American human remains or cultural artifacts shall not be disclosed and shall not be governed by public disclosure requirements of the California Public Records Act. The coroner, parties, and Lead Agencies will be asked to withhold public disclosure information related to such reburial, pursuant to the specific exemption set forth in California Government Code §6254. Packet Pg.928 Highland Avenue and Palm Avenue Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration June 8, 2022 Page 93 3.19 UTILITIES AND SERVICE SYSTEMS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water, drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? ✓ b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple years? ✓ c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ✓ d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ✓ e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ✓ 3.19(a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater, drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: This Initial Study Document. Impact Analysis The installation or construction of water, wastewater treatment or storm water, drainage, electric power, natural gas, or telecommunications facilities will require grading, trenching, or Packet Pg.929 Highland Avenue and Palm Avenue Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration June 8, 2022 Page 94 digging that could impact Biological Resources, Cultural Resources, Paleontological Resources, and Tribal Cultural Resources. Where potentially significant impacts have been identified, the following mitigation measures are required: BIO 1- Pre-Construction Burrowing Owl Survey; BIO- 2- Nesting Bird Survey; CR-1- Archaeological Monitoring; CR-2- Archaeological Inadvertent Discovery; GEO-1-Paleontological Inadvertent Discovery; and GEO-2- Paleontological Treatment Plan; TCR-1-Tribal Monitoring; TCR-2-Treatment of Cultural Resources; and TCR-3- – Inadvertent Discoveries of Human Remains/Funerary Objects. Accordingly, additional measures beyond those identified above would not be required. 3.19(b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple years? Determination: Less Than Significant Impact. Source: 2020 San Bernardino Valley Regional Urban Water Management Plan. Impact Analysis The Project site would be served with potable water by the East Valley Water District. The Urban Water Management Planning Act36requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan (UWMP) and update its plan once every five years. The Act requires that a UWMP assess water supply reliability by comparing total projected water use with the expected water supply over the next twenty years in five-year increments. The Act also requires an assessment of single-dry years and multiple-dry years. Water supply and demand for EVWD is included in the 2020 Upper Santa Ana River Watershed, Integrated Regional Urban Water Management Plan (UWMP) which summarizes EVWD water supply availability as follows: “EVWD’s water supply is comprised of local groundwater, local surface water and SWP water. EVWD is also developing a new recycled water supply that will be used to replenish the groundwater basin. These same supplies will be used in the future but may shift toward more surface water if EVWD constructs another surface water treatment plant. As discussed in Part 1 Chapter 5, EVWD is applying a Reliability Factor of 15% to their supply reliability analysis to account for uncertainties in supply and demand projections. The 15% value is recommended in a study by the RAND Corporation that evaluated uncertainty factors in the regional supplies and demands, including population growth, per capita water use, climate change impacts on supplies and demands, SWP project supplies and local surface water supplies. See Part 1 Chapter 5 for more details on how the Reliability Factor was established. EVWD Part 2 Chapter 6 For the purposes of supply projections in this 2020 IRUWMP, is using the 15% Reliability Factor to establish a supply target of 15% more than total projected demand. While utilizing as much 36 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2242 Packet Pg.930 Highland Avenue and Palm Avenue Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration June 8, 2022 Page 95 local surface water and SWP supplies as feasible, EVWD will source all other supplies from the San Bernardino Basin. As discussed in Western Part 1 Chapter 3 , the San Bernardino Basin is a shared resource, and the San Bernardino Judgement does not limit pumping by agencies within the Valley District service area. Each agency can pump as much water as they need and if total pumping by all agencies exceeds the safe yield, Valley District is responsible for replenishing the SBB. As shown in Part 1 Chapter 5 , the total planned use of San Bernardino Basin groundwater by all agencies in Valley District’s service area, including the Reliability Factor, is below the safe d in EVWD’s yield of the SBB through 2045 so supplemental recharge is not anticipated to be required and is not include supply projection. However, the S EVWD BB Groundwater Council, which is a member of, may elect to recharge the SBB with supplemental water to provide additional supply reliability.” Therefore, the proposed Project would have sufficient water supplies available to serve the Project. 3.19(c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Determination: No Impact. Source: San Bernardino Municipal Water Department Sewer System Management Plan, September 10, 2019. Impact Analysis Wastewater collection will be provided by San Bernardino Municipal Water Department’s (SMWD) Water Reclamation Plant (WRP). The current permitted capacity of the Plant is 33 MGD37. Wastewater use for the Project was estimated using the California Emissions Estimator Model (CalEEMod). The model can estimate wastewater usage for analysis in CEQA documents. The Project is estimated to have an indoor water demand of 6.83 million gallons per year (23,981 gallons per day) which includes wastewater, assuming that all the water is discharged to the sewer system. The City’s collection system has sufficient capacity to handle peak dry-weather flows. Over the past ten years, the City of San Bernardino has not experienced any capacity related sanitary sewer overflows Therefore, the proposed project's implementation would not result in impacts related to wastewater treatment provider capacity, and impacts would be less than significant. 3.19(d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Determination: Less Than Significant Impact. 37 City of San Bernardino, Water Reclamation Plant Facilities Assessment and Master Plan, May 2020 p. 1-1. Available at: https://www.sbmwd.org/DocumentCenter/View/7679/Water-Reclamation-Plant-Master-Plan-2020 Packet Pg.931 Highland Avenue and Palm Avenue Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration June 8, 2022 Page 96 Source: CalRecycle Solid Waste Information System. Construction Related Impacts Waste generated during the project's construction phase would primarily consist of discarded materials from the construction of streets, common areas, infrastructure installation, and other Project-related construction activities. The California Green Building Standards Code (“CALGreen’) requires all newly constructed buildings to prepare a Waste Management Plan and divert construction waste through recycling and source reduction methods. The City of San Bernardino Building and Safety Division reviews and approves all new construction projects required to submit a Waste Management Plan. Mandatory compliance with CALGreen solid waste requirements will ensure that construction waste impacts are less than significant. Operational Related Impacts San Bernardino contracts its waste collection services with Burrtec Waste Industries. Burrtec Waste Industries disposes waste at the West Valley Materials Recovery Facility in the City of Fontana. This facility is permitted to receive up to 7,500 tons of solid waste daily. The California Emissions Estimator Model (CalEEMod) is a statewide land-use emissions computer model designed to provide a uniform platform for government agencies to quantify potential air quality criteria pollutant emissions associated with construction and operations from various land-use projects. The model can also estimate solid waste generation rates for various types of land uses for analysis in CEQA documents. Waste disposal rates by land use and overall municipal solid waste composition in California are primarily based on CalRecycle data. Based on solid waste generation usage obtained from CalEEMod, the Project would generate approximately 157 tons of solid waste per year (0.43 tons per day). Based on the amount of waste generated by the Project vs. the capacity of the West Valley Materials Recovery Facility, the Project is not anticipated to cause this landfill to exceed its maximum permitted daily disposal volume. 3.19(e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Determination: No Impact. Source: County of San Bernardino Integrated Waste Management Plan, April 2018. Impact Analysis. The California Legislature passed the Integrated Waste Management Act of 1989 (known as AB 939 or the IWM Act). The IWM Act established a hierarchy of preferred waste management practices: (l) Source Reduction, to reduce the amount of waste generated at its source; (2) Recycling and Composting; and (3) Disposal. Waste disposal must be cut by 25% by 1995 and 50% Packet Pg.932 Highland Avenue and Palm Avenue Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration June 8, 2022 Page 97 by 2000. Percentages are based on 1990 levels and adjusted for population and economic conditions changes. According to the County of San Bernardino Integrated Waste Management Plan, each city is responsible for its own integrated solid waste management planning, implementation, and monitoring, as well as public information, budgeting, and enforcement. Municipal Code Section 8.24 sets forth San Bernardino City law for the appropriate containment, collection, and disposal of garbage, recyclable materials, organics waste, and byproducts. The Project is required to comply with the provisions of Municipal Code Section 8.24. As such, the Project will comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Packet Pg.933 Highland Avenue and Palm Avenue Residential Project 3.20 Wildfire Initial Study/Mitigated Negative Declaration June 8, 2022 Page 98 3.20 WILDFIRE WILDFIRE -- If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ✓ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ✓ c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ✓ d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? ✓ Determination: No Impact. Sources: General Plan, Cal Fire. Impact Analysis According to General Plan Safety Element Figure S-9- Fire Hazard Areas, and the Cal Fire, Fire Hazard Severity Zones Maps38, the Project site is not located within a high fire hazard area. As such, the questions posed above do not apply to the Project. The Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires, and no impact would occur. 38 Cal Fire, Fire Hazard Severity Zone Maps available at: https://osfm.fire.ca.gov/divisions/wildfire-planning- engineering/wildland-hazards-building-codes/fire-hazard-severity-zones-maps/ Packet Pg.934 Highland Avenue and Palm Avenue Residential Project 3.21 Mandatory Findings of Significance Initial Study/Mitigated Negative Declaration June 8, 2022 Page 99 3.21 MANDATORY FINDINGS OF SIGNIFICANCE Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Does the Project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ✓ b. Does the Project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a Project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ✓ c. Does the Project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ Impact Analysis 3.21(a) Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: Based on analysis contained in this Initial Study Checklist. Packet Pg.935 Highland Avenue and Palm Avenue Residential Project 3.21 Mandatory Findings of Significance Initial Study/Mitigated Negative Declaration June 8, 2022 Page 100 Impact Analysis Construction or installation of the required utility and service systems would require ground disturbances. As described in Section 3.4, Biological Resources; Section 3.5, Cultural Resources; Section 3.7, Geology and Soils; and Section 3.18, Tribal Cultural Resources, the project would not result in significant impacts to biological resources, archaeological resources, paleontological resources, and tribal cultural resources with mitigation incorporated. Therefore, with the incorporation of Mitigation Measures BIO-1, Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection; CR-1, Cultural Resources Discovery, CR-2, Monitoring and Treatment Plan; GEO- 1, Paleontological Monitoring, GEO-2, Paleontological Treatment Plan; TCR-1-Tribal Monitoring; TCR-2-Treatment of Cultural Resources; and TCR-3-–Inadvertent Discoveries of Human Remains/Funerary Objects. the project would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or create a significant hazard to the public or the environment. 3.21(b) Does the Project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a Project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: This Initial Study Checklist. The cumulative impacts analysis provided here is consistent with §15130(a) of the CEQA Guidelines, in which the study of cumulative effects of a project is based on two determinations: ▪ Is the combined impact of this project and other projects significant? ▪ If so, is the project’s incremental effect cumulatively considerable, causing the combined impact of the projects evaluated to become significant? The cumulative impact must be analyzed only if the combined effects are significant, and the Project’s incremental effect is found to be cumulatively considerable (CEQA Guidelines 15130(a)(2) and (3)). The construction or installation of the infrastructure and utilities needed to serve future development will result in ground disturbance that may impact Biological Resources, Cultural Resources, Paleontological Resources, and Tribal Cultural Resources. Based on the analysis contained in this Initial Study, the Project is required to mitigate potentially significant impacts to these resources. In addition, the Project will comply with the requirements in a previously approved plan or mitigation program (including, but not limited to, water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, and plans or regulations for the reduction of GHG emissions that provides specific requirements that will avoid Packet Pg.936 Highland Avenue and Palm Avenue Residential Project 3.21 Mandatory Findings of Significance Initial Study/Mitigated Negative Declaration June 8, 2022 Page 101 or substantially lessen the cumulative impacts within the geographic area in which the Project is located. In conclusion, with the incorporation of mitigation identified herein, the Project’s individual-level impacts would be reduced to less-than-significant levels and would not considerably contribute to cumulative impacts in the greater region. In addition, other Projects within the region would presumably be bound by their applicable lead agency to (1) comply with the all applicable federal, state, and local regulatory requirements; and (2) incorporate all feasible mitigation measures, consistent with CEQA, to further ensure that their potentially cumulative impacts would be reduced to less-than-significant levels. 3.21(c) Does the Project have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: This Initial Study Checklist. Impact Analysis As evaluated throughout this Initial Study, with the incorporation of mandatory regulatory requirements, the Project would not directly or indirectly cause substantial adverse effects on human beings. Packet Pg.937 Packet Pg.938 Packet Pg.939 Packet Pg.940 Packet Pg.941 Packet Pg.942 Packet Pg.943 Packet Pg.944 Packet Pg.945 Packet Pg.946 Packet Pg.947 Packet Pg.948 Packet Pg.949 Packet Pg.950 Packet Pg.951 Packet Pg.952 Packet Pg.953 Packet Pg.954 Packet Pg.955 Packet Pg.956 Packet Pg.957 Packet Pg.958 Packet Pg.959 Packet Pg.960 Packet Pg.961 Packet Pg.962 Packet Pg.963 Packet Pg.964 Packet Pg.965 Packet Pg.966 Packet Pg.967 Packet Pg.968 Packet Pg.969 Packet Pg.970 Packet Pg.971 Packet Pg.972 Packet Pg.973 Packet Pg.974 Packet Pg.975 Packet Pg.976 Packet Pg.977 Packet Pg.978 Packet Pg.979 Packet Pg.980 Packet Pg.981 Packet Pg.982 Packet Pg.983 Packet Pg.984 Packet Pg.985 Packet Pg.986 Packet Pg.987 Packet Pg.988 Packet Pg.989 Packet Pg.990 Packet Pg.991 Packet Pg.992 Packet Pg.993 Packet Pg.994 Packet Pg.995 Packet Pg.996 Packet Pg.997 Packet Pg.998 Packet Pg.999 Packet Pg.1000 Packet Pg.1001 Packet Pg.1002 Packet Pg.1003 Packet Pg.1004 Packet Pg.1005 Packet Pg.1006 Packet Pg.1007 Packet Pg.1008 Packet Pg.1009 Packet Pg.1010 Packet Pg.1011 Packet Pg.1012 Packet Pg.1013 Packet Pg.1014 Packet Pg.1015 Packet Pg.1016 Packet Pg.1017 Packet Pg.1018 Packet Pg.1019 Packet Pg.1020 Packet Pg.1021 Packet Pg.1022 Packet Pg.1023 Packet Pg.1024 Packet Pg.1025 Packet Pg.1026 Packet Pg.1027 Packet Pg.1028 Packet Pg.1029 Packet Pg.1030 Packet Pg.1031 General Plan Amendment 21-02,Development Code Amendment (Zoning Map Amendment) 21-07, Subdivision 21-13 (Tentative Parcel Map 20495), and Development Permit Type-P 21-07 Presented by Travis Martin, Associate Planner Community & Economic Development Department Packet Pg.1032 Proposed Project: §Change the General Plan Land Use Designation from Commercial to Multiple-Family Residential and Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) for five (5) parcels containing a total of approximately 14.70 acres §Planned Residential Development (133 single-family residences) §Northwest corner of E. Highland Avenue and N. Palm Avenue Packet Pg.1033 Aerial Map: PROJECT SITE Packet Pg.1034 Zoning Designation: PROJECT SITE Packet Pg.1035 Existing Site: Packet Pg.1036 Existing Site: Packet Pg.1037 Analysis: Detached Single-Family units §3 plan types (conventional units) §3 plan types (clustered units) §Cottage, Prairie, and Farmhouse §1,630 square feet to 2,456 square feet §3 to 5 bedrooms Packet Pg.1038 Analysis: The proposed Planned Residential Development is consistent with the policies of the City’s General Plan, and complies with the standards of the City’s Development Code 1. RM density allows 12 units per acre (176 units), project proposes 9 units per acre 2. Private Open Space: 691 sq. ft. (conventional); 250 sq. ft. (clustered) 3. Common Open Space: 21,859 square feet, 164 square feet per unit 4. 41 guest parking spaces Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program Packet Pg.1039 Site Plan: Packet Pg.1040 Floor Plan: Packet Pg.1041 Floor Plan: Packet Pg.1042 Floor Plan: Packet Pg.1043 Elevations: Packet Pg.1044 Floor Plans: Packet Pg.1045 Elevations: Packet Pg.1046 Landscaping Plan: Packet Pg.1047 Renderings: Packet Pg.1048 Renderings: Packet Pg.1049 Renderings: Packet Pg.1050 Recommendation: Adopt Resolution No. 2022-XX adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-02; and Introduce for first reading, Ordinance No. MC-XXXX of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21-07; and Adopt Resolution No. 2022-XX of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-13 (Tentative Parcel Map 20494) and Development Permit Type-P 21-07; and Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. The Mayor and City Council: 1. 2. 3. 4. Packet Pg.1051 CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com JESSICA NAMETZ SAN BERNARDINO CITY DEV SERVICE 300 NORTH D ST #300 SAN BERNARDINO, CA 92418 HRGSB NOTICE OF HEARING-SB MCC 7/20/22 07/09/2022 Publication Total $336.63 $336.63 Notice Type: Ad Description COPY OF NOTICE 3601333 !A000006056219! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Ma yor and City Council will hold a public hearing on Wednesday,July 20,2022 at 7:00 p.m.in the Feldheym Public Library,Bing Wong Auditorium,555 W.6th Street,San Bernardino, California 92410,on the following item(s): GENERAL PLA N AMENDMENT 21-01,DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)21-06, SUBDIVISION 21-12 (T ENTA T IVE TRA CT MAP 20494)AND DEVE LOPMENT PERMIT TYPE- D 21-06 ---A request to change the General Plan Land Use Designation from Commercial to Multiple- Family Residential and the Zoning District Classification from Commercial General (CG-1)to Residential Medium (RM)of a parcel containing a total of approximately 9.9 acres;allow the subdivision of the property into ninety-five (95)single-family residential lots and nine (9)lettered lots for common facility improvements;and,allow the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences. The project site is located on the south side of W.Highland Avenue, approximately 600 feet west of N. Medical Center Drive (APN:0143- 191-59),within the Commercial General (CG-1)zone. Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 (Adoption of a Mitigated Negative Declaration)of the State CEQA Guidelines Owner:PI Properties,LLC Applicant:Wamington Residential GENERAL PLAN AMENDMENT 21-02,DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)21-07, SUBDIVISION 21-13 (T ENTAT IVE TRACT MAP 20495)AND DEVELOPMENT PERMIT TYPE- D 21-07 ---A request to change the General Plan Land Use Designation from Commercial to Multiple- Family Residential and the Zoning District Classification from Commercial General (CG-1)to Residential Medium (RM)of five (5)parcels containing a total of approximately 14.70 acres;allow the subdivision of the property into one hundred thirty-four (134)single- family residential lots and nine (9) lettered lots for common facility improvements;and,allow the development and establishment of a Planned Unit Development comprised of one hundred thirty- Packet Pg.1052 three (133)detached single-family residences.The project site is located on the northwest comer of E. Highland Avenue and N.Palm Avenue (APN(S):0285-211-05,21,22, 23,and 25),within the Commercial General (CG-1)zone. Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 (Adoption of a Mitigated Negative Declaration)of the State CEQA Guidelines Owner:Various Applicant:Wamington Residential The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items.The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions.The public is welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please contact the City Clerk's Office by phone at (909)384-5002. If you challenge the resultant action of the Mayor and City Council in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. 7/9/22 SBS-3601333# Packet Pg.1053 3 3 5 PUBLIC HEARING City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community & Economic Development (CED) Subject:Warmington Homes - Medical Center Drive Project (Ward 6) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California: 1) Adopt Resolution No. 2022-159 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-01 changing the General Plan Land Use Designation of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial to Multiple-Family Residential (Attachment 1); 2) Introduce, read by title only, and waive further reading of Ordinance No. MC-1589 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 2); 3) Adopt Resolution No. 2022-160 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-12 (Tentative Parcel Map 20494) allowing the subdivision of one (1) parcel (APN: 0143-191-59) Packet Pg.1054 3 3 5 containing approximately 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type-P 21-06 allowing the development and establishment of a Planned Unit Development comprising ninety-five (95) detached single-family residences located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive, pursuant to a Mitigated Negative Declaration (Attachment 3); and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. Background On June 14, 2022, the Planning Commission, by a unanimous vote, adopted Resolution No. 2022-031 forwarding a recommendation that the Mayor and City Council (Attachment 4): 1) Adopt the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program; and 2) Approve General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 based on the Findings of Fact and subject to the recommended Conditions of Approval. Discussion Pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), and Chapter 19.44 (Development Permits) of the City of San Bernardino Development Code, the applicant is requesting the approval of: General Plan Amendment 21-01 and Development Code Amendment (Zoning Map Amendment) 21-06 to change the General Plan Land Use Designation from Commercial to Multiple-Family Residential and the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of one (1) parcel containing approximately 9.9 acres; Subdivision 21-12 (Tentative Parcel Map 20494) to subdivide one (1) parcel containing 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements; and Development Permit Type-P 21-06 to allow the development and establishment of a Planned Unit Development comprising ninety-five (95) detached single-family residences. Packet Pg.1055 3 3 5 General Plan Amendment/Development Code Amendment (Zoning Map Amendment) The subject property is composed of one (1) parcel containing approximately 9.9 acres located on the south side along the Highland Avenue corridor within the westside area of the City of San Bernardino. The project site is located within the Commercial General (CG-1) zone and is currently vacant and underutilized. The intent of the Commercial General (CG-1) and Residential Medium (RM) zoning classifications are described as follows, pursuant to Chapter 19.04 (Residential Zones) and Chapter 19.06 (Commercial Zones) of the City of San Bernardino Development Code: CG-1 (COMMERCIAL GENERAL) ZONE RM (RESIDENTIAL MEDIUM) ZONE This zone is intended to provide for the continued use, enhancement, and new development of retail, personal service, entertainment, office and related commercial uses along major transportation corridors and intersections to service the needs of the residents; reinforcing existing commercial corridors and centers and establishing new locations as residential growth occurs. This zone is intended to promote the development of multi-family townhomes, condominiums, and apartments at a maximum density of 12 units per net acre. The proposed project is requesting to change the Zoning District Classification of the project site to Residential Medium (RM) in order to allow the development of a Planned Unit Development comprising ninety-five (95) detached single-family residences. Analysis The project site is located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive, within the Commercial General (CG-1) zone. Table 1, below, provides a summary of the surrounding land use characteristics of the subject site and surrounding properties. TABLE 1: SITE AND SURROUNDING LAND USES LOCATION LAND USE ZONE GENERAL PLAN DESIGNATION Site Vacant Commercial General (CG-1)Commercial North Commercial Commercial General (CG-1)Commercial South Single-Family Residential Residential Suburban (RS)Single-Family Residential East Mobil Home Park Commercial Office (CO)Commercial Packet Pg.1056 3 3 5 West Commercial and Vacant Commercial General (CG-1)Commercial With the concurrent approval of General Plan Amendment 21-01 and Development Code Amendment (Zoning Map Amendment) 21-06, the proposed Planned Unit Development is consistent with the polices of the City’s General Plan and complies with the City’s Development Code. The proposed Residential Medium (RM) zone allows for a density of twelve (12) residential dwellings per acre, which translates into a total of 118 allowable residences. The proposed Planned Unit Development comprising ninety-five (95) residences translates into a density of ten (10) residential dwellings per acres. Architecture/Site Design The homes planned for the proposed Warmington Residential – Medical Center Drive project are designed to create an inviting community that focuses on the comfort, safety, and active lifestyles of the homeowners. Homes within are oriented to front the private streets with both entry doors and primary windows, creating a strong sense of neighborhood. The home sites also provide a driveway space, 2-car enclosed private garages as well as privatized outdoor spaces with traditional backyards. Packet Pg.1057 3 3 5 By creating an uninterrupted and well landscaped pedestrian experience throughout the neighborhood, the sidewalks provide a safe environment for leisurely walks that connect the homes of future residents to each other as well as to both the passive and active outdoor recreation spaces featured within the neighborhood. The homes within this neighborhood are two stories with three plan types ranging from 1,702 square feet to 2,119 square feet, and between 3 and 4 bedrooms. The design of each home focuses on open spacious plans that allow for an abundance of natural light, which connects the indoor and outdoor spaces. Each plan type has three elevation styles – Santa Barbara, Cottage, and Monterey – that are inspired by the surrounding neighborhoods, while also providing well-balanced details and high-quality, durable finishes. Homes will feature solar panels, pre-wired EV charging within the garages as well as many other energy efficient features that meet today’s rigorous Cal Green standards. Open Space/Landscaping: Creative landscaping at the Medical Center Drive project has been designed for this new community to provide residences with an array of enjoyable common area opportunities. The proposed project provides approximately 23,374 square feet of common open space within a single park space at the entry of the development. Additionally, there is approximately 600 square feet of private open space for each single-family residence within the backyard areas. The total common and private open space area is approximately 77,374 square feet, which translates into approximately 814 square feet per single-family residence. Landscaping within the common areas will be environmentally friendly using California-friendly plant material, as well as the latest in smart irrigation technology, to conserve as much water as possible. Additionally, the proposed project provides forty-three (43) guest parking spaces. Packet Pg.1058 3 3 5 Access/Traffic: The project site will have direct primary access via a gated entry located along W. Highland Avenue. The internal site circulation has been designed to adequately accommodate on-site residential circulation and access to the garages and guest parking areas. An internal sidewalk and designated “paths of travel” have also been provided to ensure pedestrian safety. Secondary emergency fire access “only” is provided via N. Gardena Street and N. Madison Street. Finally, the City’s Traffic Engineering Division has accepted the Traffic Impact Analysis prepared for the proposed development, and adequate traffic improvement measures will be implemented based upon the approved Traffic Impact Analysis and the recommendations of the City’s Traffic Engineer. General Plan Goals and Policies The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following: Enhance the aesthetic quality of land uses and structures in San Bernardino. Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development. Control development and the use of land to minimize adverse impacts. With the approval of General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494) and Development Permit Type-P 21-06, the applicant will be revitalizing the subject site in a manner that will enhance the physical and visual qualities of the subject site thereby enhancing the aesthetics of the surrounding neighborhood. Additionally, through this project, the existing property will be transformed from a vacant underutilized site into Packet Pg.1059 3 3 5 a development that meets the City’s housing needs, while satisfying the Development Code requirements and will be adequately regulated through the Conditions of Approval in order to minimize potential impacts California Environmental Quality Act In accordance with §15063 (Initial Study) of the California Environmental Quality Act (CEQA), the applicant submitted, and the Planning Division accepted, an Initial Study/Mitigated Negative Declaration prepared in connection with General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494) and Development Permit Type-P 21- 06. Accordingly, pursuant to §15072 (Notice of Intent to Adopt a Negative Declaration or Mitigated Negative Declaration) of CEQA, a Notice of Intent to Adopt a Mitigated Negative Declaration for the proposed project was posted on May 11, 2022, for the CEQA-mandated twenty (20) day public review and comment period. No comments were received during the CEQA-mandated twenty (20) day public review and comment period for the Draft Initial Study/Mitigated Negative Declaration for the Project, and the Final Initial Study/Mitigated Negative Declaration was prepared accordingly (Attachment 5). Additionally, the project includes a Mitigation Monitoring and Reporting Program that incorporates all necessary measures to ensure that the proposed development does not create undue impacts in the vicinity of the project site (Attachment 1, Exhibit A). 2021-2025 Strategic Targets and Goals General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494) and Development Permit Type-P 21-06 aligns with Key Target No. 3: Improved Quality of Life. The ninety- five (95) single-family residences will help the City meet its State-mandated housing requirements, be consistent with the surrounding single-family residential land uses, and provide additional market rate housing to the City’s housing stock. Fiscal Impact Development impact fees associated with the project will be approximately $1,786,475. City services will be provided to this project like other single-family residential neighborhoods within the City and surrounding area. Conclusion With the concurrent approval of General Plan Amendment 21-01 and Development Code Amendment (Zoning Map Amendment) 21-06, the development comprising ninety-five (95) single-family residences is consistent with the polices of the City’s General Plan, complies with the standards of the City’s Development Code, is compatible with the surrounding residential neighborhoods, meets the City’s Goals and Objectives, and will help the City meet its State mandated housing requirements. Therefore, it is recommended that the Mayor and City Council of the City of San Bernardino, California: Packet Pg.1060 3 3 5 1) Adopt Resolution No. 2022-159 of the Mayor and City Council of the City of San Bernardino, California, adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-01 changing the General Plan Land Use Designation of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial to Multiple-Family Residential (Attachment 1); 2)Introduce, read by title only, and waive further reading of Ordinance No. MC-1589 of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21-06 changing the Zoning District Classification of one (1) parcel (APN: 0143-191-59) containing approximately 9.9 acres from Commercial General (CG-1) to Residential Medium (RM), pursuant to a Mitigated Negative Declaration (Attachment 2); 3) Adopt Resolution No. 2022-160 of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-12 (Tentative Parcel Map 20494) allowing the subdivision of one (1) parcel (APN: 0143-191-59) containing 9.9 acres into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements, and Development Permit Type-P 21-06 allowing the development and establishment of a Planned Unit Development comprising ninety-five (95) detached single- family residences located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive, pursuant to a Mitigated Negative Declaration (Attachment 3); and 4) Schedule the adoption of the above Ordinance for the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. Attachments Attachment 1 Resolution No. 2022-159 (Adopting MND/MMRP and Approving General Plan Amendment 21-01) Attachment 1 Resolution No. 2022-159 (Adopting MND/MMRP and Approving General Plan Amendment 21-01) - Exhibit A Attachment 1 Resolution No. 2022-159 (Adopting MND/MMRP and Approving General Plan Amendment 21-01) - Exhibit B Attachment 2 Ordinance No. MC-1589 (Approving Development Code Amendment [Zoning Map Amendment] 21-06) Attachment 2 Ordinance No. MC-1589 (Approving Development Code Amendment [Zoning Map Amendment] 21-06) - Exhibit A Attachment 3 Resolution No. 2022-160 (Approving Subdivision 21-12 [Tentative Parcel Map 20494] and Development Permit Type- P 21-06) Attachment 3 Resolution No. 2022-160 (Approving Subdivision 21-12 [Tentative Parcel Map 20494] and Development Permit Type- P 21-06) - Exhibit A Packet Pg.1061 3 3 5 Attachment 3 Resolution No. 2022-160 (Approving Subdivision 21-12 [Tentative Parcel Map 20494] and Development Permit Type- P 21-06) - Exhibit B Attachment 4 Planning Commission Resolution No. 2022-031 Attachment 5 Final Initial Study/Mitigated Negative Declaration, dated June 8, 2022 Attachment 6 PowerPoint Attachment 7 Publication Notice Ward: Sixth Ward Synopsis of Previous Council Actions: None Packet Pg.1062 Resolution No. 2022-159 Resolution No. 2022-159 July 20, 2022 Page 1 of 6 2 6 9 RESOLUTION NO. 2022-159 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ADOPTING THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM, AND APPROVING GENERAL PLAN AMENDMENT 21-01 CHANGING THE GENERAL PLAN LAND USE DESIGNATION OF ONE (1) PARCEL (APN: 0143-191-59) CONTAINING APPROXIMATELY 9.9 ACRES FROM COMMERCIAL TO MULTIPLE-FAMILY RESIDENTIAL. WHEREAS, together, General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 constitute the Warmington Residential – Medical Center Drive Project ("Project"); and WHEREAS, General Plan Amendment 21-01 is a request to change the General Plan Land Use Designation from Commercial to Multiple-Family Residential of one (1) parcel containing approximately 9.9 acres; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potentially significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”), attached hereto as Exhibit A, were prepared for the Project; and WHEREAS, on May 9, 2022, in accordance with State CEQA Guidelines Sections 15072 and 15073, a Notice of Intent to Adopt a Mitigated Negative Declaration (“NOI”) was mailed to all organizations and individuals who previously requested such notice in writing, and notice was also made by way of publication consistent with CEQA’s requirements; and WHEREAS, on May 11, 2022, in accordance with State CEQA Guidelines Section 15072(d), the NOI was also posted by the Clerk for the County of San Bernardino Board of Supervisors to begin the 20-day public review period; and Packet Pg.1063 Resolution No. 2022-159 Resolution No. 2022-159 July 20, 2022 Page 2 of 6 2 6 9 WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-031 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21- 01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 to the Mayor and City Council; and WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.50 (General Plan Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on General Plan Amendment 21-01. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3.Adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program. Based upon the findings made herein and their independent judgment and analysis, the Mayor and City Council hereby adopt the Mitigated Negative Declaration for the Project, and the Mitigation Monitoring and Reporting Program, attached hereto as Exhibit A. The Mayor and City Council hereby impose each mitigation measure as a condition of approval of the Project, in accordance with CEQA and the State CEQA Guidelines. SECTION 4.Findings of Fact – General Plan Amendment 21-01: Finding No. 1:The proposed amendment is internally consistent with the General Plan. Packet Pg.1064 Resolution No. 2022-159 Resolution No. 2022-159 July 20, 2022 Page 3 of 6 2 6 9 Finding of Fact:The proposed amendment will change the General Plan Land Use Designation from Commercial to Multiple-Family Residential for the entirety project site containing approximately 9.90 acres. The Multiple- Family Residential General Plan Land Use Designation is intended to provide for the residential uses to meet the housing demand of current and future residents. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences, which is consistent with the existing single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the General Plan Land Use Designation of the entirety of the project site from Commercial to Multiple-Family Residential will facilitate the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences consistent with the existing surrounding single-family residential developments. The project site is generally flat, with access from W. Highland Avenue, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Packet Pg.1065 Resolution No. 2022-159 Resolution No. 2022-159 July 20, 2022 Page 4 of 6 2 6 9 Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact:The proposed amendment would result in the entirety of the project site having the Multiple-Family Residential General Plan Land Use Designation, which will allow for the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single- family residences. The subject property is located within an existing single- family residential neighborhood. Therefore, the proposed change from Commercial to Multiple-Family Residential for the project site would allow the proposed project nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City. Finding No. 4:The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact:The project site is currently comprised of one (1) parcel that is proposed to be subdivided into ninety-five (95) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development. The project site is generally flat, with access W. Highland Avenue. Utilities are available directly from W. Highland Avenue. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 5.General Plan Amendment 21-01 is a request to change the General Plan Land Use Designation from Commercial to Multiple-Family Residential of one (1) parcel (APN: 0281-151-07, 08, and 09), attached hereto and incorporated herein by reference as Exhibit B, is hereby approved. SECTION 6.The documents and materials associated with this Resolution and that constitute the record of proceedings on which these findings are based are located at 290 North D Street, San Bernardino, CA 92401. The City Clerk is the custodian of the record of proceedings. SECTION 7.Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the Board of Supervisors of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 8.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any Packet Pg.1066 Resolution No. 2022-159 Resolution No. 2022-159 July 20, 2022 Page 5 of 6 2 6 9 one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1067 Resolution No. 2022-159 Resolution No. 2022-159 July 20, 2022 Page 6 of 6 2 6 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-159, adopted at a regular meeting held at the ___ day of _________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1068 MITIGATION MONITORING & REPORTING PROGRAM Highland Avenue and Medical Center Drive General Plan Amendment (GPA) 21-01 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-06 Subdivision (SUB) 21-12 (Tentative Tract Map. No. 20494) Development Permit Type-P (DP-P) 21-06 City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner (909)384-5313 June 8, 2022 Packet Pg.1069 1 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: BIOLOGICAL RESOURCES BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre -construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Depar tment of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to en sure that animals do not re-enter the holes/dens. Upon completing the survey and any follow -up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. Planning Department Prior to the issuance of a grading permit BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion. Planning Department Prior to the issuance of a grading permit CULTURAL RESOURCES CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be Planning Department During ground disturbance activities Packet Pg.1070 2 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. Planning Department During ground disturbance activities GEOLOGY AND SOILS (PALENTOLOGICAL RESOURCES) GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5- 10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. City Inspectors Prior to the issuance of a grading permit GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. City Inspectors During ground disturbance activities TRIBAL CULTURAL RESOURCES Packet Pg.1071 3 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: The San Manuel Band of Mission Indians (SMBMI indicated the Project site had a low sensitivity for tribal cultural resources. However, they did request to be added to Mitigation Measure CR-2. Planning Department During ground disturbance activities Packet Pg.1072 PROJECT SITE PROJECT: GPA 21-03 CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTIPLE-FAMILY RESIDENTIAL OF ONE (1) PARCEL (APN: 0143-191-59) CONTAINING APPROXIMATELY 9.9 ACRES NORTH EXHIBIT B – GENERAL PLAN AMENDMENT Packet Pg.1073 Ordinance No. MC-1589 1 2 7 3 ORDINANCE NO. MC-1589 ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 21-06 CHANGING THE ZONING DISTRICT CLASSIFICATION OF ONE (1) PARCEL (APN: 0143-191-59) CONTAINING APPROXIMATELY 9.9 ACRES FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM), PURSUANT TO A MITIGATED NEGATIVE DECLARATION. WHEREAS, together, General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 constitute the Warmington Residential – Medical Center Drive Project ("Project"); and WHEREAS, Development Code Amendment (Zoning Map Amendment) 21-06 is a request to allow the change of the Zoning District Classification from Commercial General (CG- 1) to Residential Medium (RM) of one (1) parcel containing approximately 9.9 acres; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2022-031 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 to the Mayor and City Council; and WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and Packet Pg.1074 Ordinance No. MC-1589 2 2 7 3 WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council, and no additional information submitted to the Mayor and City Council, has produced substantial new information requiring substantial revisions that would trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals) and Chapter 19.74 (Zoning Map Amendments) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Development Code Amendment (Zoning Map Amendment) 21-06; and NOW THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DO ORDAIN AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Compliance with the California Environmental Quality Act. The City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, finds that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3.Finding of Facts – Development Code Amendment (Zoning Map Amendment) 19-08 Finding No. 1:The proposed amendment is consistent with the General Plan. Finding of Fact:The proposed amendment will change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) for the entirety of the project site containing approximately 9.9 acres. The Residential Medium (RM) Zoning District Classification is intended to provide for residential development with a maximum of twelve (12) residences per acre. The proposed amendment will allow for the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences, which provide a density of ten (10) residences per acre, and is consistent with the surrounding single-family residential developments within the project area. Therefore, the proposed project is consistent with the following General Plan goals and policies: General Plan Land Use Element Policy 2.2.1: Ensure compatibility between land uses and quality design through adherence to standards and regulations in the Development Code and policies and guidelines in the Community Design Element. Packet Pg.1075 Ordinance No. MC-1589 3 2 7 3 General Plan Land Use Element Goal 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic in-fill of new development and revitalization of existing development. General Plan Community Design Element Goal 5.4: Ensure individual projects are well designed and maintained. Finding No. 2:The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:The proposed amendment will not be detrimental to the public interest, health, safety, convenience, or welfare of the City in that the proposed amendment to change the Zoning District Classification of the entirety of the project site from Commercial General (CG-1) to Residential Medium (RM) will facilitate the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences which is consistent with the surrounding single-family residential developments. The project site is generally flat, with access from W. Highland Avenue, fully served by utility providers, and will not result in the need for the excessive provision of services. Additionally, any potential impacts created by the proposed amendment have been addressed in the Final Initial Study/Mitigated Negative Declaration and appropriate mitigation measures have been included within the Mitigation Monitoring and Reporting Program. Finding No. 3:The proposed amendment would maintain the appropriate balance of land uses within the City. Finding of Fact:The proposed amendment would result in the entirety of the project site having the Residential Medium (RM) Zoning District Classification to allow for the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences. The subject property is located adjacent to an existing single- family residential neighborhood. Therefore, the proposed change from Commercial General (CG-1) to Residential Medium (RM) for the project site would allow the proposed project nearby existing residential uses, thereby providing for an appropriate balance of land uses within the City. Finding No. 4:The subject parcels are physically suitable (including, but not limited to, access, provision of utilities, compatibility with adjoining land uses, and absence of physical constraints) for the requested land use designation and the anticipated land use development. Finding of Fact:The project site is currently comprised of one (1) parcel that is proposed to be subdivided into ninety-five (95) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Packet Pg.1076 Ordinance No. MC-1589 4 2 7 3 Development. The project site is generally flat, with access from W. Highland Avenue. Utilities are available directly from W. Highland Avenue. There are no physical constraints on the site, such as steep slopes or watercourses. SECTION 4.Development Code Amendment (Zoning Map Amendment) 21-06 to change the Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) of one (1) parcel (APN: 0143-191-59), attached hereto and incorporated herein by reference as Exhibit A, is hereby approved. SECTION 5.Notice of Determination: The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 6.Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Ordinance or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. SECTION 7.Effective Date. This Ordinance shall become effective thirty (30) days after the date of its adoption. SECTION 8.Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1077 Ordinance No. MC-1589 5 2 7 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1589, introduced on July 20, 2022_______ adopted by the City Council of the City of San Bernardino, California, at a regular meeting held at the ___ day of _________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1078 PROJECT SITE PROJECT: DCA (ZMA) 21-06 CHANGE THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENREAL (CG-1) TO RESIDENTIAL MEDIUM (RM) OF ONE (1) PARCEL (APN: 0143-191-59) CONTAINING APPROXIMATELY 9.9 ACRES NORTH EXHIBIT A – DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) Packet Pg.1079 RESOLUTION NO. 2022-160 1 RESOLUTION NO. 2022-160 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING SUBDIVISION 21-12 (TENTATIVE TRACT MAP 20494) ALLOWING THE SUBDIVISION OF ONE PARCEL (APN: 0143-191-59) CONTAINING APPROXIMATELY 9.9 ACRES INTO NINETY-FIVE (95) SINGLE-FAMILY RESIDENTIAL LOTS AND NINE (9) LETTERED LOTS FOR COMMON FACILITY IMPROVEMENTS, AND DEVELOPMENT PERMIT TYPE-D 21-06 ALLOWING THE DEVELOPMENT AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT COMPRISED OF NINETY-FIVE (95) DETACHED SINGLE-FAMILY RESIDENCES LOCATED ON THE SOUTH SIDE OF W. HIGHLAND AVENUE, APPROXIMATELY 600 FEET WEST OF N. MEDICAL CENTER DRIVE, PURSUANT TO A MITIGATED NEGATIVE DECLARATION. WHEREAS, on October 11, 2021, pursuant to the requirements of Chapter 19.50 (General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19.66 (Subdivision Maps), and Chapter 19.44 (Development Permits) an application for General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 was duly submitted by: Property Owner: PI Properties, LLC 1795 W. Highland Avenue San Bernardino, CA 92411 Applicant: Warmington Residential California 3090 Pullman Street Costa Mesa, CA 92626 Property Address: South side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive APN(S):0143-191-59 Lot Area:9.9 acres WHEREAS, together, General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 constitute the Warmington Residential – Medical Center Drive Project ("Project"); and WHEREAS, Subdivision 21-12 (Tentative Parcel Map 20494) is a request to allow the subdivision of one (1) parcel containing approximately 9.9 acres into ninety-five (95) single- family residential lots and nine (9) lettered lots for common facility improvements; and Packet Pg.1080 RESOLUTION NO. 2022-160 2 WHEREAS, Development Permit Type-P 21-06 is a request to allow the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single- family residences; and WHEREAS, the Planning Division of the Community and Economic Development Department of the City of San Bernardino has reviewed General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 for compliance with the California Government Code, compliance with the California Subdivision Map Act, consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”; Public Resources Code, § 21000 et seq.), Section 21067, and State CEQA Guidelines (California Code of Regulations, § 15000 et seq.), Section 15367, the City of San Bernardino is the lead agency for the Project; and WHEREAS, City staff determined that pursuant to State CEQA Guidelines Section 15073, preparation of a Mitigated Negative Declaration was the appropriate environmental review procedure under CEQA, because all potential significant impacts of the Project can be mitigated to a level of less than significant; and WHEREAS, a Mitigated Negative Declaration (“MND”) and Mitigation Monitoring and Reporting Program (“MMRP”) were prepared for the Project; and WHEREAS, on June 14, 2022, the Planning Commission of the City of San Bernardino held a duly-noticed public hearing to consider public testimony and the staff report, and adopted Resolution No. 2020-031 recommending the adoption of the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and the approval of General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 to the Mayor and City Council; and WHEREAS, notice of the July 20, 2022 public hearing for the Mayor and City Council's consideration of this proposed Resolution was published in The Sun newspaper on July 9, 2022, and was mailed to the owners and tenants of the properties located within 1,000 feet of the subject property in accordance with Development Code Chapter 19.52 (Hearing and Appeals); and WHEREAS, no comments made in the public hearing conducted by the Mayor and City Council and no additional information submitted to the City Council, has produced substantial new information requiring substantial revisions that trigger recirculation of the MND or additional environmental review under State CEQA Guidelines Section 15073.5; and WHEREAS, pursuant to the requirements of Chapters 19.52 (Hearing and Appeals), Chapter 19.66 (Subdivisions), and 19.44 (Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Subdivision 21-12 (Tentative Parcel Map 20494) and Development Permit Type-P 21-06. Packet Pg.1081 RESOLUTION NO. 2022-160 3 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Compliance with the California Environmental Quality Act. The Mayor and City Council having independently reviewed and analyzed the record before it, including the adopted Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and written and oral testimony, and having exercised their independent judgment, find that there is no substantial evidence supporting a fair argument that approval of the Project will result in a significant effect on the environment. SECTION 3.Findings of Fact – Subdivision 21-12 (Tentative Parcel Map 20494). Finding No. 1:The proposed map is consistent with the General Plan. Finding of Fact:The proposed subdivision (Tentative Tract Map 20494) would subdivide the subject project site into ninety-five (95) single-family residential lots and common open spaces to correspond to the proposed Planned Unit Development containing approximately 9.9 acres. Additionally, the subdivision is consistent with General Plan goals and Policies and the relevant provisions of the Development Code. Finding No. 2:The design and improvements of the proposed subdivision is consistent with the General Plan. Finding of Fact:The proposed Tentative Tract Map will allow the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences which is compatible with the surrounding residential developments. Additionally, the proposed Tentative Tract Map will connect to existing water and sewer services, roads, storm drains, and private utilities. Therefore, the proposed subdivision is consistent with the following General Plan goals and policies: General Plan Land Use Goal 2.2: Promote development that integrates with surrounding land uses. General Plan Land Use policy 2.7.5: Require that developments conform to the availability of public infrastructure to accommodate its demands and mitigate its impacts. Finding No. 3:The site is physically suitable for the type of development. Packet Pg.1082 RESOLUTION NO. 2022-160 4 Finding of Fact:The proposed subdivision has been designed to meet the requirements of the Residential Medium (RM) zone and to accommodate the proposed Planned Residential Development. Finding No. 4:The site is physically suitable for the proposed density of development. Finding of Fact:The proposed subdivision with a density of ten (10) residential dwellings per acre has been designed to meet the density of twelve (12) residential dwellings per acre of the Residential Medium (RM) zone. Finding No. 5:The design of the subdivision and the proposed improvements will not cause substantial environmental damage or substantially or avoidably injure fish or wildlife or their habitat. Finding of Fact:In accordance with Public Resources Code, Section 15074, a Mitigated Negative Declaration with the appropriate Mitigation Monitoring and Reporting Program (in order to ensure that the Mitigation Measures are implemented to prevent potential environmental impacts) was prepared in connection with the Project, including the proposed subdivision. Therefore, no significant negative impacts on the environment are anticipated. Finding No. 6:The design of the subdivision or type of improvements will not cause serious public health problems. Finding of Fact:The design of the proposed subdivision meets all of the applicable Development Code requirements and will not result in any serious public health problems. The proposed parcels will have access to existing public streets. Existing utilities and public services are available to serve the project site and ensure the maintenance of public health and safety. Finding No. 7:The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. Finding of Fact:The design of the subdivision will not conflict with any public or private easements. All documentation relating to easements and dedications will be reviewed and approved by the City Engineer prior to recordation of the Final Map. Existing easements will be reserved in place or relocated, as necessary. SECTION 4.Findings of Fact – Development Permit Type-D 21-06. Finding No. 1:The proposed development is permitted within the subject zoning district and complies with all applicable provisions of the Development Code, including prescribed site development standards and applicable design guidelines. Packet Pg.1083 RESOLUTION NO. 2022-160 5 Finding of Fact:The proposed Planned Unit Development comprised of ninety-five (95) detached single-family residences is a permitted land use within the Residential Medium (RM) zone, subject to the approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. With the concurrent approval of General Plan Amendment 21-01 and Development Code Amendment (Zoning Map Amendment) 21- 06, the proposal under Development Permit Type-P 21-06 will be developed in compliance with all of the applicable development standards and design guidelines of the Residential Medium (RM) zone. Therefore, the proposed development would not impair the integrity and character of the subject land use district. Finding No. 2:The proposed use is consistent with the General Plan. Finding of Fact:With the concurrent approval of General Plan Amendment 20-03 and Development Code Amendment (Zoning Map Amendment) 20-04, the proposed project is consistent with General Plan goals and policies including the following: Land Use Element Policy 2.2.1: Ensure compatibility between uses and quality design through adherence to the standards and regulations in the Development Code and policies and guidelines in the Community Design Element. Housing Element Goal 3.2: Conserve and improve the existing affordable housing stock and revitalize deteriorating neighborhoods. Housing Element Policy 3.5.4: Encourage and facilitate the construction, maintenance, and preservation of a variety of housing types adequate to meet a range of household needs. Community Design Element Policy5.5.1: Require new and in-fill development to be of compatible scale and massing as existing development yet allow the flexibility to accommodate unique architecture, colors, and materials in individual projects. The proposed Planned Unit Development comprised of ninety-five (95) detached single-family residences will provide additional housing opportunities within the City, consistent with these General Plan goals and policies. Additionally, the proposed project is permitted within the Residential Medium (RM) zone, subject to the approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. Packet Pg.1084 RESOLUTION NO. 2022-160 6 Finding No. 3:The proposed development is harmonious and compatible with existing and future developments within the land use district and general area, as well as the land uses presently on the subject property. Finding of Fact:The proposed Planned Unit Development comprised of ninety-five (95) detached single-family residences will be harmonious and compatible with the existing single-family residential developments within the surrounding area. The scale and density of the proposed development is similar to that of the existing residential development in the area and it conforms to the development standards of the Residential Medium (RM) zone. With the concurrent approval of General Plan Amendment 21-01 and Development Code Amendment (Zoning Map Amendment) 21-06, the proposal is consistent with both the General Plan and Development Code, thus no land use conflict is expected to result from construction of the proposed project. Finding No. 4:The proposed development is in compliance with the requirements of the California Environmental Quality Act (CEQA) and §19.20.030 of the Development Code. Finding of Fact:In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared in connection with General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494), and Development Permit Type-P 21-06 which analyzed the proposed Planned Unit Development. Finding No. 5:There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored. Finding of Fact:In accordance with the California Environmental Quality Act (CEQA), a Mitigated Negative Declaration was prepared in connection with General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Tract Map 20494), and Development Permit Type-P 21-06 which analyzed the proposed Planned Unit Development, and deemed that no significant negative impacts on resource for sensitive species or other biological resources. Finding No. 6:The subject site is physically suitable for the type and density/intensity of use being proposed. Finding of Fact:The proposed Planned Unit Development comprised of ninety-five (95) single-family residences with a density of ten (10) residential dwellings per acre has been designed to meet the density of twelve (12) residential dwellings per acre of the Residential Medium (RM) zone. Packet Pg.1085 RESOLUTION NO. 2022-160 7 Finding No. 7:There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. Finding of Fact:There are adequate provisions for public access, public utilities, and public services for the proposed Planned Unit Development comprised of ninety- five (95) single-family residences. The existing site is located adjacent to and already served by existing public streets and a full range of public utilities and services. All applicable Codes will apply to the proposed development. Therefore, subject to the Conditions of Approval, the proposed project under Development Permit Type-P 21-06 will not be detrimental to public services or public health and safety. Finding No. 8:The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City. Finding of Fact:With the concurrent approval of General Plan Amendment 21-01 and Development Code Amendment (Zoning Map Amendment) 21-06, the proposed Planned Unit Development comprised of ninety-five (95) single- family residences conforms to all applicable development standards and land use regulations of the Residential Medium (RM) zone. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval, will ensure that the proposal will not create significant noise, traffic, or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity of the site, nor will it be adverse to the public interest, health, safety, convenience or welfare of the City. The location, size, design and character of the proposed development will enhance the neighborhood to the benefit of the public interest and general welfare of the City. SECTION 5. – Conditions of Approval. Subdivision 21-12 (Tentative Parcel Map 20494) and Development Permit Type-D 21-06, are hereby approved, subject to the following Conditions of Approval: 1. This approval is to allow the subdivision of the property into ninety-five (95) single-family residential lots and nine (9) lettered lots for common facility improvements; and, allow the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences. The project site is south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive (APN: 0143-191-59), within the Residential Medium (RM) zone. 2. The project site shall be developed and maintained in accordance with the plans stamped July 20, 2022 (EXHIBIT “A”), approved by the City, which includes a site plan, floor plan(s), Packet Pg.1086 RESOLUTION NO. 2022-160 8 exterior elevation(s), and concept landscaping plan on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations. 3. The project shall be subject to all of the mitigation measures contained within the Mitigation Monitoring and Reporting Program (EXHIBIT “B”), dated July 20, 2022 and incorporated herein by reference, as Conditions of Approval. 4. Within two (2) years of the original approval date, the filing of the final map with the Mayor and City Council shall have occurred or the approval shall become null and void. Expiration of a tentative map shall terminate all proceedings and no final map shall be filed without first processing a new tentative map. The City Engineer must accept the final map or tentative map documents as adequate for approval by Mayor and City Council prior to forwarding them to the City Clerk. The date the final map shall be deemed filed with the Mayor and City Council is the date on which the City Clerk receives the map. 5. Within two (2) years of the approval of the Development Permit, the commencement of construction shall have occurred or the permit/approval shall become null and void. In addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval. EXPIRATION DATE: July 20, 2024 6. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension. 7. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action or proceeding and will cooperate fully in the defense of this matter. Once notified, the applicant agrees to defend, indemnify and hold harmless the City of San Bernardino (City), any departments, agencies, divisions, boards or commission of the City as well as predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives and attorneys of the City from any claim, action or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs and attorneys’ fees, which the City may be required by a court to pay as a result of such action, but such participation shall not relieve applicant of his or her obligation under this condition. The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered as “Attorney’s fees” for the purpose of this condition. As part of the consideration for issuing this Development Permit, this condition shall remain in effect if the Development Permit is rescinded or revoked, whether or not at the request of applicant. Packet Pg.1087 RESOLUTION NO. 2022-160 9 8. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at the construction site before 7:00 am or leave the site after 8:00 pm. Construction activities shall only occur Monday through Friday. 9. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work. 10. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards). 11. Minor Modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the refilling of the original application. 12. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division. 13. This approval shall comply with the requirements of other outside agencies (i.e., San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable. 14. The Homeowner’s Association shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debris shall be removed and cleaned up within twenty-four (24) hours of being reported. 15. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained. 16. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed. 17. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets. 18. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer. Packet Pg.1088 RESOLUTION NO. 2022-160 10 19. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy. Building & Safety Division 20. All plans submitted shall conform to the California Building Code (2019). Please note that this will include the California Green Building Standards Code. 21. Project shall conform to Chapter 3 of the California Building Code (2019). 22. Project shall also conform to the requirements of Chapter 4 of the California Building Code (2019), Special Details Requirements Based on Use of Occupancy. 23. Provide sprinkler requirements for the occupant load according to California Building Code (2019). 24. Provide all disabled access requirements and complete details on plans prior to plan review submittal and conform to Chapter 11A of the California Building Code (2019). 25. There shall be a formal plan submittal prior to all issuance of permits. 26. Refer to Chapter 7 of the California Building Code (2019) for Fire/Smoke Protection Requirements. Public Works Department 27. Drainage and Flood Control a. All necessary drainage and flood control measures shall be subject to requirements of the Building Official, which may be based in part on the recommendations of the San Bernardino County Department of Transportation and Flood Control. The developer's Engineer shall furnish all necessary data relating to drainage and flood control. b. A permit will be required from the San Bernardino County Department of Transportation and Flood Control, if any work is required within the Flood Control District's right-of- way. c. A local drainage study will be required for the project. Any drainage improvements, structures or storm drains needed to mitigate downstream impacts or protect the development shall be designed and constructed at the developer's expense, and right-of- way dedicated as necessary. d. All drainage from the development shall be directed to an approved public drainage facility. If not feasible, proper drainage facilities and easements shall be provided to the satisfaction of the City Engineer. e. If site drainage is to be outletted into the public street, the drainage shall be conveyed through a parkway culvert constructed in accordance with City Standard No. 400. Conveyance of site drainage over the Driveway approaches will not be permitted. Packet Pg.1089 RESOLUTION NO. 2022-160 11 f. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been conceptually approved with minor comments to incorporate into the Final WQMP Plan. Comments will be provided to the Engineer. g. A Final Full-Categorical Water Quality Management Plan (WQMP) is required for this project. The applicant is directed to the County of San Bernardino’s Flood Control web page for the template and Technical Guidance Document. The Land Development Division, prior to issuance of any permit, shall approve the WQMP. A CD/USB copy of the approved WQMP and Hydrology Study shall be required prior to grading permit issuance. h. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD/USB copy of the approved SWPPP shall be submitted to City prior to grading permit issuance. i. A "Notice of Intent (NOI)" shall be filed with the State Water Resources Control Board for construction disturbing 1 acre or more of land (including the project area, construction yards, storage areas, etc.). A WDID number issued by the State of California is required prior to the issuance of grading permit. j. The Land Development Division, prior to grading plan approval, shall approve an Erosion Control Plan. The plan shall be designed to control erosion due to water and wind, including blowing dust, during all phases of construction, including graded areas which are not proposed to be immediately built upon. 28. Grading and Landscaping a. The grading and on-site improvement plan shall be signed by a Registered Civil Engineer and a grading permit will be required. The grading plan shall be prepared in strict accordance with the City's "Grading Policies and Procedures" and the City's "Standard Drawings", unless otherwise approved by the Building Official. b. If the grading plan indicates export or import, the source of the import material or the site for the deposition of the export shall be noted on the grading plan. Permit numbers shall be noted if the source or destination is in the City of San Bernardino. c. If more than 50 cubic yards of earth is to be hauled on City Streets then a special hauling permit shall be obtained from the City Engineer. Additional conditions, such as truck route approval, traffic controls, bonding, covering of loads, street cleaning, etc. may be required by the City Engineer. d. One 4' x 11' PCC pad at least 4" thick shall be provided in the rear or side yard area of each lot for storage of recycling containers. The pad shall be screened from public view and a 3' wide concrete walkway shall be provided from the driveway to the pad. All gates along the access way shall have a minimum clear width of 3'-6". e. A liquefaction evaluation is required for the site. This evaluation must be submitted and approved prior to issuance of a grading permit. Any grading requirements recommended by the approved liquefaction evaluation shall be incorporated in the grading plan. Packet Pg.1090 RESOLUTION NO. 2022-160 12 f. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. Therefore, continuous 6” high curb shall be used around planter areas and areas where head in parking is adjacent to walkways. The parking spaces may be 16.5’ deep and may overhang the landscaping or walkway by 2.5’. Overhang into the setback area or into an ADA path of travel (minimum 4’ wide) is not permitted. g. Retaining walls, block walls and all on-site fencing shall be designed and detailed on the on-site improvement Plan. This work shall be part of the on-site improvement permit issued by the Building Official. All masonry walls shall be constructed of decorative block with architectural features acceptable to the City Planner. h. No construction on a site shall begin before a temporary/security fence is in place and approved by the Building Official or his designee. Temporary/security fencing may not be removed until approved by the Building Official or his designee. The owner or owner’s agent shall immediately remove the temporary/security fencing upon the approval of the Building Official or his designee. Sites that contain multiple buildings shall maintain the temporary/security fencing around the portion of the site and buildings under construction as determined by the Building Official or his designee. All temporary/security fencing for construction sites shall include screening, emergency identification and safety identification and shall be kept in neat and undamaged condition. i. The design of on-site improvements shall also comply with all requirements of The California Building Code, Title 24, relating to accessible parking and accessibility, including retrofitting of existing building access points for accessibility, if applicable. j. The project production landscape plan shall be reviewed and approved by Land Development, and shall be issued once the Final Tract Map has been recorded. k. The public right-of-way, between the property line and top of curb (also known as “parkway”) along adjoining streets shall be landscaped by the developer and maintained in perpetuity by the property owner. Details of the parkway landscaping shall be included in the project’s on-site landscape plan. 29. On-Site Utilities a. Design and construct all public utilities to serve the site in accordance with City Code, City Standards and requirements of the serving utility, including gas, electric, telephone, water, sewer and cable TV (Cable TV optional for commercial, industrial, or institutional uses). b. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream manhole. c. This project is located in the sewer service area maintained by the City of San Bernardino therefore, any necessary sewer main extension shall be designed and constructed in accordance with the City's "Sewer Policy and Procedures" and City Standard Drawings. d. Utility services shall be placed underground and easements provided as required. e. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer. Packet Pg.1091 RESOLUTION NO. 2022-160 13 f. Sewers within private streets or private parking lots will be maintained by SBMWD but shall be designed and constructed to City Standards and inspected under a City On-Site Construction Permit. A public sewer plan designed by the Developer's Engineer and approved by the City Engineer will be required. This plan can be incorporated in the grading plan, where practical. 30. Mapping a. A Final Map based upon field survey will be required. b. The applicant‘s surveyor/engineer shall submit a Final Tract Map with supporting documents for review and approval to Land Development. The Final Tract map shall be recorded prior to building permit issuance. 31. Off-Site Street Improvement and Dedications a) For the streets listed below, dedication of adequate street right-of-way (R.W.) per the General Plan and Municipal Code shall provide the distance from street centerline to property line and placement of the curb line (C.L.) in relation to the street centerline shall be as follows: Street Name Dedication shall be Right of Way (feet) From Centerline Curb Widening shall be Curb Line (feet) From Centerline Highland Avenue (0143-191-59-0000) 41.25’ Existing 8.75’ Dedication for a total ½ width of 50’ “Major Arterial” 30’ Existing edge of Pavement 36’ Proposed Per General Plan Madison Street (0143-191-59-0000) N/A “Local – Cul-De-Sac”N/A Gardena Street (0143-191-59-0000) N/A “Local – Cul-De-Sac”N/A b) Highland Avenue – TI = 10.0 : * - ** i) For areas being widened, the street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the Traffic Index. The City’s has a minimum standard for new streets, truck usage (9”AC over 12” Base); However, the Soils Report may indicate a thicker or different improvement. ii) For area of existing asphalt, the street shall be rehabilitated to meet the requirements detailed in a soils report based on the “R” value of the subgrade and the traffic Index. The City’s has a minimum of 2” Grind and Overlay; However, the Soils Report may indicate a thicker or different improvement. iii) For transitioning from new curb alignment to existing edge of pavement outside project limits the edge shall be a deepened or thickened. Use Caltrans Design Manual or A Policy on Geometric Design of Highways and Streets for taper requirements. iv) When Striping, all striping shall be thermoplastic paint per section 84 of the Caltrans specifications. Packet Pg.1092 RESOLUTION NO. 2022-160 14 v) If a Radius type Driveway Approach is proposed in lieu of the standard drive approach, then a truck turning curb radius shall be 35’. An accessible bypass crossing the approach shall be provided to comply with current ADA standard, thickness and reinforcement shall be determined by R value and TI or Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible by-pass around the top of the drive approach. Minimum Width is 26’. No Driveways closer than 100’ from BCR/ECR as directed by the City Engineer. vi) Driveways in Commercial, Industrial, or multi-Family units, no gates shall be placed closer or impede 40’ from back of sidewalk, as directed by the Traffic Engineer. vii) Construct 8" Curb and Gutter per City Standard No. 200, type “B”. viii) Construct 6’ wide Cross Gutter with Apron per City Standard No 201. ix) Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). x) An ADA Ramp shall be constructed at corner in accordance with the SPPWC (Standard Plans for Public Works Construction) or Caltrans Standard plans A88A. xi) Install LED Street Lights System adjacent to the site in accordance with City Standard No’s. SL-1, SL-2, and SL-3. Also, a separate light sheet shall be submitted in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Connect to Existing Street Light System. xii) Install type II Bike Lane per “Manual Uniform Traffic Control Devices - California”, as directed by the City Traffic Engineer. xiii) Underground existing Poles. xiv) When Replacing/Reconstructing or Constructing sidewalk, install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections. xv) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. c) Madison Street – TI = 4.5 : * - ** i) The first 10’± of asphalt shall be rehabilitated and design to match the proposed “Emergency Access”. ii) When Striping, All striping shall be thermoplastic paint per section 84 of the Caltrans specifications, Pavement Markings (Keep Clear – No Parking). iii) The first 60’ 10’± or of repair any damaged curb and gutter or sidewalk shall be repaired to City Standards. iv) When Replacing/Reconstructing Curb and gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”. Packet Pg.1093 RESOLUTION NO. 2022-160 15 v) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) At connection to “Emergency Access” a suggestion/or thought of using the Transition to a Roll Curb (Caltrans A87A Type B4) for Center 26’ to be used with Emergency Gates. vii) Utility poles shall be relocated to 2’ behind face of curb, if the pole is in a sidewalk area an ADA minimum 4’ by-pass is required. viii) No Parking will be allowed at Emergency Gate on Madison Street, install signs per city standards (Do Not Block – No Parking – Not an Entrance). ix) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. x) Emergency Access only d) Gardena Street – TI = 4.5 : * - ** i) The first 10’± of asphalt shall be rehabilitated and design to match the proposed “Emergency Access”. ii) When Striping, All striping shall be thermoplastic paint per section 84 of the Caltrans specifications, Pavement Markings (Keep Clear – No Parking). iii) The first 10’± or of damaged curb and gutter or sidewalk shall be repaired to City Standards. iv) When Replacing/Reconstructing Curb and gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”. v) When Replacing or reconstructing Sidewalk panels, Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb). vi) At connection to “Emergency Access” a suggestion/or thought of using the Transition to a Roll Curb (Caltrans A87A Type B4) for Center 26’ to be used with Emergency Gates. vii) Utility poles shall be relocated to 2’ behind face of curb, if the pole is in a sidewalk area an ADA minimum 4’ by-pass is required. viii) No Parking will be allowed at Emergency Gate on Madison Street, install signs per city standards (Do Not Block – No Parking – Not an Entrance). ix) Survey Monuments and ties shall be placed, replaced, tied out and recorded at any corner or alignment changes that are adjacent to the project area in accordance with California Land Surveyors Association – Monument Preservation Guidelines, Copies of Recorded Monuments/Ties shall be delivered to Public Works/Engineering. x) Emergency Access only * These Conditions are set for an estimated construction with-in two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed. Packet Pg.1094 RESOLUTION NO. 2022-160 16 ** If a Scoping Form is required, this form shall indicated the need of a Traffic Report, the results of the traffic report shall become conditions of this project which may increase or extend the above requirements in section 1(b) and 5(a). e) With Submittal of improvement plans including but not limited to grading plans, Street improvement plans, storm drain and retention/detention basin plans, and erosion/sediment control plans, The Applicant shall cause to be formed, or shall be annexed into an existing, Community Facilities District(s) (CFD) (2018-1 Service & 2018-1 Safety) for landscaping, lighting, streets, drainage facilities, street sweeping, graffiti removal, or other infrastructure, and Safety as required by the City to the satisfaction of the City Engineer. The Applicant shall initiate the maintenance and benefit assessment district(s) formation, or annexation, by submitting a landowner petition and consent form (provided by the City) and deposited necessary fees concurrent with the application for street and grading plan review and approval; and said maintenance and benefit assessment district(s) shall be established concurrent with the approval of the final map in the case of the subdivision of land, or prior issuance of any certificate of occupancy where there is no subdivision of land, and as approved by the City Engineer. f) If a drainage report is required by Land Development, A second copy of the drainage report will be delivered to public works, if offsite or overflow storm drain systems are identified, all systems shall be identified on the street improvement plans, and public storm drain shall be on a separate set of plans. g) A temporary construction encroachment permit from Public Works Department shall be required for utility cuts into existing streets or any work within City’s right-of-way. Pavement restoration or trench repair shall be in conformance with City Standard No. 310. Public facilities shall be restored or constructed back to Public Works Department satisfaction. h) Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. i) The applicant must post a performance bond prior to issuance of the off-site permit. The amount of the bond is to be determined by Public Works Department. j) The above conditions shall comply with current codes, policies, and standards at time of construction. k) Prior to Certificate of Occupancy or Completion of Project all As-builts and Centerline Ties shall be submitted to Public Works. 32. Required Engineering Plans a) A complete submittal for plan checking shall consist of: street improvement plans (include engineering conditions, city standards, and cross sections in these plans), if storm drain plans are required then public storm drains must be included on separate sheets with profiles in the street improvement plans, private storm drains shall be shown separate sheets with profiles in the on-site improvement plans, if traffic signal modifications are required, then traffic signal plans shall be submitted on separate plan sheets included in the street improvement plans, Packet Pg.1095 RESOLUTION NO. 2022-160 17 if signing and striping are required, then the signing and striping plan shall be on separate sheets included in the street improvement plans, if lighting is required (more than 2) then the lighting for offsite plans shall be on separate sheets included in the street improvement plans, if two (2) or less then they can be included directly on the street improvement sheets, lighting (on-site lighting may be included in on-site improvement plan or may be on a separate stand-alone plan), grading (may be incorporated with on-site improvement plan), on-site improvement plans and on-site landscaping and irrigation, water plans (shall be submitted to San Bernardino Municipal Water Department), CFD’s are required, the CFD Plans shall include Landscaping, Irrigation, Basins, etc. items that are included in the CFD that are not listed in the plans above, shall be on separate sheets included in the street improvement plans. other plans as required. Piecemeal submittal of various types of plans for the same project will not be allowed. All required supporting calculations, studies and reports must be included in the initial submittal (including but not limited to drainage studies, soils reports, structural calculations) b) All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block (city standard block) satisfactory to the City Engineer or his designee can be found on the City Web Site http://www.sbcity.org. or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_development_re sources/default.asp. Engineering conditions of the project shall be inserted in the last pages of the plans. c) After completion of plan checking, final mylar drawings with city standard block, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer for approval. d) Electronic files of all improvement plans/drawings shall be submitted to the City Engineer. The files shall be compatible with AutoCAD 2021 and include a .dxf file of the project. Files shall be on CD and shall be submitted at the same time the final mylar drawings are submitted for approval. e) Copies of the City’s design policies and procedures and standard drawings are available at the Public Works Counter for the cost of reproduction. They are also available at no charge at the Public Works Web Site at http://www.sbcity.org or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/design_policy_and_procedur e_documents.asp 33. Traffic Requirements a) All Traffic mitigation measures shall be implemented according to the recommendations of the City Traffic Engineer prior to Street Improvement plan approval. b) All Public Works offsite Mitigation Monitoring and Reporting Program items shall be shown with the Conditions of Approval on the last pages of Public Works Offsite Plans. Packet Pg.1096 RESOLUTION NO. 2022-160 18 c) All roadway design, traffic signing and striping, traffic signal, street lighting, and traffic control improvements relating to the proposed project should be constructed in accordance with the applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. d) In conjunction with standard City of San Bernardino development review procedure, on site traffic signing, and striping plans should be prepared in accordance with the applicable State and Federal standards. e) The final grading, landscaping , and street improvement plans should demonstrate that sight distance standards are met in accordance with the applicable City of San Bernardino / California Department of Transportation sight distance standards. f) Payment of the applicable local and regional impact fees shall be paid to the City of San Bernardino. 34. Integrated Solid Waste Management a. During demolition and/or construction, services are to be provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. b. The Site Plan with a Plot Date of 5/17/2022, identifies 95 detached single-family residences located on the south side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive. c. Based upon Burrtec Waste’s review, the applicant has prepared and submitted a Refuse Plan dated 02-04-2022, that identifies the location of all carts staged on the looped street system for collection. Burrtec has reviewed this Plan and finds it acceptable. Burrtec will therefore provide standard residential collection services to all lots for trash, mixed recyclables, and residential organics subject to implementation of the approved Refuse Plan. Implementation of the Plan shall be the responsibility of the Homeowners Association. d. Each single-family residence shall be provided a minimum 11-foot clear space on the main looped street system along the curb, for placement of their residential carts on collection day, with a minimum 2-foot setback and 23-foot vertical clearance of all obstructions such as walls, trees, street light poles, mailboxes, fences, and raised landscaping. e. Each single-family residence shall construct a 4’x11’ concrete pad located out of view of the public right-of-way for storage of the residential carts. If visible from the public right- of-way, the storage area must be screened. f. Display clear street widths on the Site Plan. g. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways, shall have a turning radius adequate for a 35-foot long, three-axle collection truck. The minimum inside curb radius shall be at least 28 feet. The minimum outside curb radius shall be at least 42 feet. All streets and driveways shall comply with applicable City standards. Burrtec Waste’s truck turning template may be obtained from the Public Works Department in PDF and CAD. h. Hammerhead Turnarounds – Shall meet or exceed San Bernardino County Fire Protection District Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the Public Works Department. Packet Pg.1097 RESOLUTION NO. 2022-160 19 i. PLEASE NOTE: Any changes to the overall project design may adversely impact Burrtec Waste’s ability to provide service. Any design modifications that could impact service are subject to review and approval by the Public Works Department and Burrtec Waste. j. If gated, access shall be provided by means of a key, code, or remote. k. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. l. Upon completion, service is provided through the City of San Bernardino’s franchised hauler Burrtec Waste Industries, Inc. 111 E. Mill Street, San Bernardino, CA 92408 (909) 804-4222. 35. Required Engineering Permits a) Grading and On-site improvements permit (LD). b) WQMP/Hydrology (THR). c) Final Tract Map (MP). d) Off-site improvement construction permit. (E). e) Traffic Control and Right-of-Way permit (ROW). f) CFD/Street Dedication permit (RP). 36. Applicable Engineering Fees a) All plan check, permit, inspection, and impact fees are outlined on the Public Works Fee Schedule. A deposit in the amount of 100% of the estimated checking fee for each set of plans will be required at time of application for plan check. The amount of the fee is subject to adjustment at time of issuance. b) The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org or http://www.ci.san- bernardino.ca.us/cityhall/publicworks/engineering_division/engineering_fee_schedule.as p. San Bernardino County Consolidated Fire District 37. Access. The development shall have a minimum of two points of vehicular access. These are for fire/emergency equipment access and for evacuation routes. a. Single Story Road Access Width. All buildings shall have access provided by approved roads, alleys and private drives with a minimum twenty-six (26) foot unobstructed width and vertically to fourteen (14) feet six (6) inches in height. Other recognized standards may be more restrictive by requiring wider access provisions. b. Multi-Story Road Access Width. Buildings three (3) stories in height or more shall have a minimum access of thirty (30) feet unobstructed width and vertically to fourteen (14) feet six (6) inches in height. 38. Access – 150+ Feet. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department. These shall be extended to within one hundred fifty (150) feet of and shall give reasonable access to all portions of the exterior walls of the first story of any building. 39. Access – 30% Slope. Where the natural grade between the access road and building is in excess of thirty percent (30%), an access road shall be provided within one hundred and fifty Packet Pg.1098 RESOLUTION NO. 2022-160 20 (150) feet of all buildings. Where such access cannot be provided, a fire protection system shall be installed. Plans shall be submitted to and approved by the Fire Department. 40. Additional Requirements. In addition to the Fire requirements stated herein, other onsite and offsite improvements may be required which cannot be determined from tentative plans at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office. Fire Sprinklers shall be deferred submittal. Electric Gates shall be deferred submittal. 41. Building Plans. Building plans shall be submitted to the Fire Department for review and approval. 42. Combustible Protection. Prior to combustibles being placed on the project site an approved all-weather fire apparatus access surface and operable fire hydrants with acceptable fire flow shall be installed. The topcoat of asphalt does not have to be installed until final inspection and occupancy. 43. Combustible Vegetation. Combustible vegetation shall be removed as follows: a. Where the average slope of the site is less than 15% - Combustible vegetation shall be removed a minimum distance of thirty (30) feet from all structures or to the property line, whichever is less. b. Where the average slope of the site is 15% or greater – Combustible vegetation shall be removed a minimum one hundred (100) feet from all structures or to the property line, whichever is less. 44. Fire Fee. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division. 45. Fire Flow Test. Your submittal did not include a flow test report to establish whether the public water supply is capable of meeting your project fire flow demand. You will be required to produce a current flow test report from your water purveyor demonstrating that the fire flow demand is satisfied. This requirement shall be completed prior to combination inspection by Building and Safety. 46. Fire Lanes. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. The "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan. 47. Fire Sprinkler NFPA 13D. An automatic life safety fire sprinkler system complying with NFPA Pamphlet #13D and the Fire Department standards is required. The applicant shall hire a Fire Department approved fire sprinkler contractor or be the approved homeowner/installer. The fire sprinkler contractor/installer shall submit plans with hydraulic calculations and manufacture's specification sheets to the Fire Department for approval. The required fees shall be paid at the time of plan submittal. Minimum water supply shall be in accordance with current fire department standards. The applicant or contractor shall contact their local water purveyor to obtain specifications on installing a residential fire sprinkler system within Packet Pg.1099 RESOLUTION NO. 2022-160 21 the jurisdiction of the water purveyor. The applicant shall attach a letter from the water purveyor indicating the types of systems allowed in that jurisdiction. 48. Hydrant Marking. Blue reflective pavement markers indicating fire hydrant locations shall be installed as specified by the Fire Department. In areas where snow removal occurs or non- paved roads exist, the blue reflective hydrant marker shall be posted on an approved post along the side of the road, no more than three (3) feet from the hydrant and at least six (6) feet high above the adjacent road. 49. Inspection by the Fire Department. Permission to occupy or use the building (certificate of Occupancy or shell release) will not be granted until the Fire Department inspects, approves and signs off on the Building and Safety job card for “fire final”. 50. Jurisdiction. The above referenced project is under the jurisdiction of the San Bernardino County Fire Department herein “Fire Department.” Prior to any construction occurring on any parcel, the applicant shall contact the Fire Department for verification of current fire protection requirements. All new construction shall comply with the current California Fire Code requirements and all applicable status, codes, ordinances and standards of the Fire Department. 51. Key Box. An approved Fire Department key box is required. In commercial, industrial, and multi-family complexes, all swing gates shall have an approved fire department Knox Lock. 52. Override Switch. Where an automatic electric security gate is used, an approved Fire Department override switch (Knox ®) is required. 53. Permit Expiration. Construction permits, including Fire Condition Letters, shall automatically expire and become invalid unless the work authorized by such permit is commenced within 180 days after its issuance, or if the work authorized by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Suspension or abandonment shall mean that no inspection by the Department has occurred with 180 days of any previous inspection. After a construction permit or Fire Condition Letter, becomes invalid and before such previously approved work recommences, a new permit shall be first obtained and the fee to recommence work shall be one-half the fee for the new permit for such work, provided no changes have been made or will be made in the original construction documents for such work, and provided further that such suspension or abandonment has not exceeded one year. A request to extend the Fire Condition Letter or Permit may be made in writing PRIOR TO the expiration date justifying the reason that the Fire Condition Letter should be extended. 54. Primary Access Paved. Prior to building permits being issued to any new structure, the primary access road shall be paved or an all-weather surface and shall be installed as specified in the General Requirement conditions, including width, vertical clearance and turnouts. 55. Private Road Maintenance. The applicant shall construct and maintain all such roads. In addition, the applicant shall provide to the Fire Department a signed maintenance agreement as detailed in the General Requirement conditions for ongoing road maintenance and snow Packet Pg.1100 RESOLUTION NO. 2022-160 22 removal (where applicable). This shall include all primary and secondary access routes that are not otherwise maintained by a public agency. 56. Residential Addressing. The street address shall be installed on the building with numbers that are a minimum of four (4) inches in height and with a one half (½) inch stroke. The address shall be visible from the street. During the hours of darkness, the numbers shall be internally and electrically illuminated with a low voltage power source. Numbers shall contrast with their background and be legible from the street. Where the building is fifty (50) feet or more from the roadway, additional contrasting four (4) inch numbers shall be displayed at the property access entrances. 57. Solar. Solar / Photovoltaic System Plans. Plans shall be submitted online through EZOP to the Fire Department for review and approval. Plans must be submitted and approved prior to Conditional Compliance Release of Building. 58. Spark Arrestor. An approved spark arrestor is required. Every chimney that is used in conjunction with any fireplace or any heating appliance in which solid or liquid fuel are used, shall have an approved spark arrestor visible from the ground that is maintained in conformance with the California Fire Code. 59. Street Sign. This project is required to have an approved street sign (temporary or permanent). The street sign shall be installed on the nearest street corner to the project. Installation of the temporary sign shall be prior any combustible material being placed on the construction site. Prior to final inspection and occupancy of the first structure, the permanent street sign shall be installed. 60. Surface. Fire apparatus access roads shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all-weather driving capabilities. Road surface shall meet the approval of the Fire Chief prior to installation. All roads shall be designed to 85% compaction and/or paving and hold the weight of Fire Apparatus at a minimum of 80K pounds. 61. Water System. Prior to any land disturbance, the water systems shall be designed to meet the required fire flow for this development and shall be approved by the Fire Department. The required fire flow shall be determined by using California Fire Code. The Fire Flow for this project shall be: 1000 GPM for a two hour duration at 20 psi residual operating pressure. Fire Flow is based on a 3000 sq. ft. structure. 62. Water System Certification. The applicant shall provide the Fire Department with a letter from the serving water company, certifying that the required water improvements have been made or that the existing fire hydrants and water system will meet distance and fire flow requirements. Fire flow water supply shall be in place prior to placing combustible materials on the job site. 63. Water System Residential. A water system approved by the Fire Department is required. The system shall be operational prior to any combustibles being stored on the site. Detached single family residential developments may increase the spacing between hydrants to be no more than six hundred (600) feet and no more than three hundred (300) feet (as measured Packet Pg.1101 RESOLUTION NO. 2022-160 23 along vehicular travel-ways) from the driveway on the address side of the proposed single- family structure. SECTION 6. Notice of Determination. The Planning Division of the Community and Economic Development Department is hereby directed to file a Notice of Determination with the County Clerk of the County of San Bernardino within five (5) working days of final project approval certifying the City’s compliance with the California Environmental Quality Act in approving the Project. SECTION 7. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of _________, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1102 RESOLUTION NO. 2022-XX 24 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held at the ___ day of _________, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ IBARRA FIGUEROA SHORETT REYNOSO CALVIN ALEXANDER WITNESS my hand and official seal of the City of San Bernardino this ___ day of _________, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1103 RAW EARTHWORK ESTIMATE:LEGEND:80NOT TO SCALEVICINITY MAPUTILITIES:SHEET INDEX:EASEMENTS:ALLARD ENGINEERING COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIATENTATIVE TRACT NO. 20494IN THE CITY OF SAN BERNARDINOFEBRUARY 2022BASIS OF BEARINGS:BENCHMARK:ENGINEER/SURVEYOR:DEVELOPER/OWNER:ASSESSOR'S PARCEL NO.:ZONING:PROJECT AREA:TOPOGRAPHY:FLOOD ZONE:INDEX MAP(909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMING TON RESIDENTIAL W.HIGHLAND AVENUE APN: 0143-191-59 HIGHLAND AVENUE & MEDICAL CENTER DRIVE LEGAL DESCRIPTION:PARKING:NOTE:&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1104 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL W. HIGHLAND AVENUE APN: 0143-191-59 HIGHLAND AVENUE & MEDICAL CENTER DRIVE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1105 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL W. HIGHLAND AVENUE APN: 0143-191-59 HIGHLAND AVENUE & MEDICAL CENTER DRIVE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1106 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL W. HIGHLAND AVENUE APN: 0143-191-59 HIGHLAND AVENUE & MEDICAL CENTER DRIVE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1107 Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/3/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022COVERA0.00NTSHIGHLAND & MEDICAL CENTERSAN BERNARDINO, CALIFORNIADEVELOPER INFORMATIONWARMINGTON RESIDENTIAL | SOUTHERN CALIFORNIADIVISION3090 PULLMAN STREETCOSTA MESA, CA 92626CONTACT: JOE OFTELIEPHONE: (714) 434-4343EMAIL: JOFTELIE@WARMINGTONGROUP.COMCONSULTANT INFORMATIONKTGY ARCHITECTURE & PLANNING17911 VON KARMAN AVENUE, SUITE 200IRVINE, CA 92614CONTACT: ALAN SCALESPHONE: (949) 221-6256EMAIL: ASCALES@KTGY.COMARCHITECTURE:ALLARD ENGINEERING, INC.16866 SEVILLE AVENUEFONTANA, CA 92335CONTACT: RAY ALLARDPHONE: (909) 356-1815EMAIL: RALLARD@ALLARDENG.COMCIVIL:SHEET INDEXCivil Sheet IndexSheet TitleTITLE SHEETTENTATIVE TRACT MAPCONCEPTUAL PLOTTINGCONCEPTUAL GRADING & UTILITIESArchitectural Sheet IndexSheet NumberSheet TitleA0.00COVERA1.00SITE PLANA1.01ELEVATIONS STYLE ASSIGNMENTA1.10CLUSTER - PLANS 1, 2, & 3A2.00PLAN 1 FRONT ELEVATIONSA2.10PLAN 1 'A' SANTA BARBARA ELEVATIONSA2.20PLAN 1 'B' COTTAGE ELEVATIONSA2.30PLAN 1 'C' MONTEREY ELEVATIONSA2.31PLAN 1 REAR ELEVATIONS - ENHANCEDA2.40PLAN 1A2.50PLAN 1 ROOF PLANSA3.00PLAN 2 FRONT ELEVATIONSA3.10PLAN 2 'A' SANTA BARBARA ELEVATIONSA3.20PLAN 2 'B' COTTAGE ELEVATIONSA3.30PLAN 2 'C' MONTEREY ELEVATIONSA3.31PLAN 2 REAR ELEVATIONS - ENHANCEDA3.40PLAN 2A3.50PLAN 2 ROOF PLANSA4.00PLAN 3 FRONT ELEVATIONSA4.10PLAN 3 'A' SANTA BARBARA ELEVATIONSA4.20PLAN 3 'B' COTTAGE ELEVATIONSA4.30PLAN 3 'C' MONTEREY ELEVATIONSA4.31PLAN 3 REAR ELEVATIONS - ENHANCEDA4.40PLAN 3A4.50PLAN 3 ROOF PLANSCOLOR BOARD - SANTA BARBARAC.10COLOR BOARD - COTTAGEC.20COLOR BOARD - MONTEREYC.30Landscape Sheet IndexSheet TitleLANDSCAPE SITE PLANLANDSCAPE ENLARGEMENTLANDSCAPE WALL & FENCELANDSCAPE DETAILSBMLA LANDSCAPE ARCHITECTURE310 NORTH JOY STREETCORONA, CA 92879CONTACT: CAROLINE (CARRIE) BINGHAMPHONE: (951) 737-1124 x. 127EMAIL: CARRIE@BMLA.NETLANDSCAPE:&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1108 11244.87TAR NW21232.81TAR NE51235.29TAR M121234.23MON 3/4" IP RE 133131227.70MON 1"IP LS2380 DN 1.3141227.66MON 1/2" IP OPEN1001234.25ANC1011234.08PP NO ID1021237.41FNC1031236.40PP NO ID 1041238.69PP VZ 351201051238.79FNC1061240.36FNC AP1071240.54PP I14147Y 1081239.35BILLBOARD IBEAM1091239.35BILLBOARD IBEAM 1101238.85BILLBOARD IBEAM1111238.85BILLBOARD IBEAM1121240.77FNC AP1131240.86FNC INTX 1141240.84FNC AP1151240.71FNC1161239.51FNC END1171238.59WALL EF .5 H=81181238.25WALL EF .5 H=81191238.25WALL EF .5 H=81201238.12WALL EF .5 H=81211238.12WALL EF .5 H=81221237.25WALL EF .5 H=81231237.25WALL EF .5 H=81241237.50WALL EF .5 H=81251237.50WALL EF .5 H=81261236.87WALL EF .5 H=81271236.49WALL EF .5 H=81281235.22WALL EF .5 H=81291235.29WALL EF .5 H=81301235.29WALL EF .5 H=81311235.29WALL EF .5 H=81321235.92FNC END1331235.92FNC END1341235.92ANC1351234.95PP NO ID 1361234.65FNC AP1371234.65WALL NF .5 H=51381234.65FNC WOOD1391234.65FNC WOOD1401234.11WALL NF .5 H=51411234.11BLDG1421233.46BLDG1431233.46WALL NF .5 H=51441232.50WALL NF AP .5 H=31451231.98WALL EF .5 H=31461231.83BW1471231.77TC1481231.22FL1491231.28LIP 1501231.42LIP 1511231.42FL1521231.87TC1531231.87PP 1170821E1541231.95BW1551232.48FNC1561232.51FNC AP1571231.70SIGN 1581232.28SIGN 1591231.66SIGN1601231.71SMH1611230.65LIP 1621230.49FL1631231.11TC1641231.24BW1651231.27FNC1661231.44FNC INTX1671231.46BW1681231.71TC1691231.21FL1701231.36LIP 1711231.80FNC AP1721231.64FNC1731231.64FNC1741231.52FNC INTX1751231.52FNC WOOD1761231.52FNC WOOD1771231.52PP 1170822E1781230.98ANC1791230.76FNC1801230.23FNC INTX 1811229.59FNC1821229.10FNC1831228.79FNC AP1841228.02FNC AP1851228.13FNC1861229.77FNC END1871231.07WALL EF .5 TOP1881231.02WALL EF .5 TOP1891229.90WALL NF .5 H=51901227.84WALL NF AP .5 H=51911228.30WALL WF .5 H=51921228.46GATE1931228.61GATE1941228.28WALL WF AP .5 H=51951228.40WALL INTX WF .5 H=51961228.40WALL NF .5 H=51971227.74POLE1981228.55WALL WF AP .5 H=51991228.60WALL SF .5 H=52001228.60 .2011228.60PILASTER2021228.60PILASTER2031228.60WALL WF .5 H=52041229.55WALL WF .5 H=52051229.55PILASTER2061229.55PILASTER2071230.49WALL WF .5 H=52081230.49PILASTER2091230.49PILASTER 2101231.08PP NO ID 2111231.03WALL WF .5 H=52121231.03PILASTER 2131231.03PILASTER 2141231.94WALL WF .5 H=52151231.94PILASTER 2161231.94PILASTER2171232.52WALL WF .5 H=52181232.52PILASTER2191232.52PILASTER2201232.94WALL WF .5 H=52211232.94PILASTER2221232.94PILASTER2231233.41WALL WF .5 H=52241233.41PILASTER 2251233.41PILASTER 2261233.55WALL WF .5 H=52271233.55PILASTER2281233.55PILASTER2291233.87PILASTER2301233.87PILASTER 2311233.87WALL WF .5 H=52321234.19WALL WF .5 H=52331234.19PILASTER2341234.19PILASTER 2351234.19PILASTER 2361234.19FNC2371234.46PP NO ID2381234.19BILLBOARD IBEAM 2391234.19BILLBOARD IBEAM 2401233.89EP2411233.67EP SPEED BUMP2421232.66EP SPEED BUMP2431233.23PP NO ID 2441233.23PP NO ID2451232.33PP NO ID2461231.96EP SPEED BUMP2471231.78EP SPEED BUMP2481231.18EP2491231.17CONC2501231.21CONC2511231.24CONC2521231.00CONC2531231.03PP NO ID2541231.55ANC2551227.99SW2571226.52LIP 2581226.42FL2591227.04TC2601227.16SW2611227.28BW2621227.60BW2631227.55SW2641227.42TC2651226.84FL2661226.96LIP2671227.84SIGN 2681228.23SIGN2691228.09SIGN2701227.74SMH2711227.32LIP 2721227.21FL2731227.83TC2741227.91TC2751227.41FL2761227.42LIP2771228.33PP 1917577E2781229.65BLDG2791229.65CONC2801229.56CONC2811227.97CONC2821227.96BW2831228.10BW2841227.99SW17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.W.H.17RUPW.H .17RUPW.H.17RUPW.H.17RUPW.H. 17RUP W.H. 17R UP 17RUPW.H. W.H. 17RUPW.H.17RUP17RUPW.H.W.H. 17RUPW.H.17RUPW.H. 17RUP 17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H. 17RUP W.H.17RUPW.H. 17RUP W.H.17RUPW.H.17RUP17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUP W.H. 17RUP W.H.17RUP17RUP W.H.W.H. 17RUP 17RUPW.H.W.H.17RUP 17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUP 17RUPW.H.W.H.17RUPW.H.17RUP W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP1 2 3 4 5 67891011121314151617181920212223 24 25 26 27 28 29 30 31 32 33 34 3536 37 38 39 40 41 42 43 44 45 67 66 65 64 63 62 61 60 59 5857 46 47 48 49 50 51 52 53 54 55 56 80 81 82 83 84 85 91 92 93 94 95 9089888786 797877767574737271706968 1 2 3 4 5 67891011121314151617181920212223 24 25 26 27 28 29 30 31 32 33 34 3536 37 38 39 40 41 42 43 44 45 67 66 65 64 63 62 61 60 59 5857 46 47 48 49 50 51 52 53 54 55 56 80 81 82 83 84 85 91 92 93 94 95 9089888786 797877767574737271706968 +2+1+0+3N. MADISON STREET N. GARDINA STREET HIGHLAND AVENUEEVA ONLYEVA ONLY26'-0" DRIVE AISLE 26'-0" DRIVE AISLE 26'-0" DRIVE AISLE 8'-0"20'-0"20'-0"26'-0" DRIVE AISLE 26'-0" DRIVE AISLE26'-0"DRIVE AISLE26'-0"DRIVE AISLE26'-0"DRIVE AISLE26'-0"DRIVE AISLE4'-0"SIDEWALK TYP.18'-0" TYP.9'-0"TYP.PPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPROJECTENTRY15'-0"REAR YARD15'-0" REAR YARD 15'-0" REAR YARD15'-0"REAR YARD15'-0"REAR YARD15'-0"REAR YARDR31'-0"PROPOSEDGATEOPEN SPACE±20,374 SF17RUPW.H.W.H.17RUPW.H.17RUP33'-0"PLAN 133'-6"PLAN 236'-6"PLAN 36'-0"Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022SITE PLANA1.0005010025SITE INFORMATIONAddressAPN:0143-191-59Site Area9.9 ACCitySan BernardinoZoningCommercial General (CG-1)General PlanCommercial General (CG)Fire CodeCalifornia Fire Code (SB County Fire)Project SummaryGross Area9.9 acUnits95 duDensity9.6 du/acUnitsTotal SF P1 (3bd+ loft (Opt. 4bd)/2.5ba)28 du±1,702sf47,656 sf P2 (4bd+ loft/2.5ba)36 du±1,975sf71,100 sf P3 (3bd+ loft + flex/2.5ba)31 du±2,119sf 65,689 sf Total95 du 184,445 sfParking ProvidedGarage190 spacesDriveway190 spacesGuest Parking 43 spacesTotal423 spaces (4.5 spaces/du)Open Space ProvidedCommon + 20,000 sfPrivate + 600 sf/du&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1109 11244.87TAR NW21232.81TAR NE51235.29TAR M121234.23MON 3/4" IP RE 133131227.70MON 1"IP LS2380 DN 1.3141227.66MON 1/2" IP OPEN1001234.25ANC1011234.08PP NO ID1021237.41FNC1031236.40PP NO ID 1041238.69PP VZ 351201051238.79FNC1061240.36FNC AP1071240.54PP I14147Y 1081239.35BILLBOARD IBEAM 1091239.35BILLBOARD IBEAM 1101238.85BILLBOARD IBEAM1111238.85BILLBOARD IBEAM1121240.77FNC AP1131240.86FNC INTX 1141240.84FNC AP1151240.71FNC1161239.51FNC END1171238.59WALL EF .5 H=81181238.25WALL EF .5 H=81191238.25WALL EF .5 H=81201238.12WALL EF .5 H=81211238.12WALL EF .5 H=81221237.25WALL EF .5 H=81231237.25WALL EF .5 H=81241237.50WALL EF .5 H=81251237.50WALL EF .5 H=81261236.87WALL EF .5 H=81271236.49WALL EF .5 H=81281235.22WALL EF .5 H=81291235.29WALL EF .5 H=81301235.29WALL EF .5 H=81311235.29WALL EF .5 H=81321235.92FNC END1331235.92FNC END1341235.92ANC1351234.95PP NO ID 1361234.65FNC AP1371234.65WALL NF .5 H=51381234.65FNC WOOD1391234.65FNC WOOD1401234.11WALL NF .5 H=51411234.11BLDG1421233.46BLDG1431233.46WALL NF .5 H=51441232.50WALL NF AP .5 H=31451231.98WALL EF .5 H=31461231.83BW1471231.77TC1481231.22FL1491231.28LIP 1501231.42LIP1511231.42FL1521231.87TC1531231.87PP 1170821E1541231.95BW1551232.48FNC1561232.51FNC AP1571231.70SIGN1581232.28SIGN1591231.66SIGN1601231.71SMH1611230.65LIP 1621230.49FL1631231.11TC1641231.24BW1651231.27FNC1661231.44FNC INTX1671231.46BW1681231.71TC1691231.21FL1701231.36LIP1711231.80FNC AP1721231.64FNC1731231.64FNC1741231.52FNC INTX1751231.52FNC WOOD1761231.52FNC WOOD1771231.52PP 1170822E1781230.98ANC1791230.76FNC1801230.23FNC INTX 1811229.59FNC1821229.10FNC1831228.79FNC AP1841228.02FNC AP1851228.13FNC1861229.77FNC END1871231.07WALL EF .5 TOP1881231.02WALL EF .5 TOP1891229.90WALL NF .5 H=51901227.84WALL NF AP .5 H=51911228.30WALL WF .5 H=51921228.46GATE1931228.61GATE1941228.28WALL WF AP .5 H=51951228.40WALL INTX WF .5 H=51961228.40WALL NF .5 H=51971227.74POLE1981228.55WALL WF AP .5 H=51991228.60WALL SF .5 H=52001228.60 .2011228.60PILASTER2021228.60PILASTER2031228.60WALL WF .5 H=52041229.55WALL WF .5 H=52051229.55PILASTER 2061229.55PILASTER 2071230.49WALL WF .5 H=52081230.49PILASTER2091230.49PILASTER2101231.08PP NO ID2111231.03WALL WF .5 H=52121231.03PILASTER2131231.03PILASTER 2141231.94WALL WF .5 H=52151231.94PILASTER2161231.94PILASTER 2171232.52WALL WF .5 H=52181232.52PILASTER2191232.52PILASTER 2201232.94WALL WF .5 H=52211232.94PILASTER2221232.94PILASTER2231233.41WALL WF .5 H=52241233.41PILASTER2251233.41PILASTER 2261233.55WALL WF .5 H=52271233.55PILASTER2281233.55PILASTER 2291233.87PILASTER2301233.87PILASTER2311233.87WALL WF .5 H=52321234.19WALL WF .5 H=52331234.19PILASTER 2341234.19PILASTER2351234.19PILASTER 2361234.19FNC2371234.46PP NO ID2381234.19BILLBOARD IBEAM2391234.19BILLBOARD IBEAM 2401233.89EP2411233.67EP SPEED BUMP2421232.66EP SPEED BUMP2431233.23PP NO ID 2441233.23PP NO ID2451232.33PP NO ID2461231.96EP SPEED BUMP2471231.78EP SPEED BUMP2481231.18EP2491231.17CONC2501231.21CONC2511231.24CONC2521231.00CONC2531231.03PP NO ID2541231.55ANC2551227.99SW2571226.52LIP 2581226.42FL2591227.04TC2601227.16SW2611227.28BW2621227.60BW2631227.55SW2641227.42TC2651226.84FL2661226.96LIP2671227.84SIGN 2681228.23SIGN2691228.09SIGN 2701227.74SMH2711227.32LIP2721227.21FL2731227.83TC2741227.91TC2751227.41FL2761227.42LIP2771228.33PP 1917577E2781229.65BLDG2791229.65CONC2801229.56CONC2811227.97CONC2821227.96BW2831228.10BW2841227.99SW17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H. 17RUP W.H. 17RUP 17RUPW.H.W.H. 17RUPW.H.17RUP17RUPW.H.W.H. 17RUPW.H.17RUPW.H. 17RUP 17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H. 17RUP W.H.17RUPW.H. 17RUP W.H.17RUPW.H.17RUP17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H .17RUPW.H.17RUP17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUPW.H .17RUPW.H.17RUPW.H.17RUP17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUP W.H. 17RUP W.H.17RUP17RUP W.H.W.H. 17RUP 17RUPW.H.W.H.17RUP 17RUPW.H.17RUPW.H.W.H.17RUPW.H.17RUP 17RUPW.H.W.H.17RUPW.H.17RUP W.H.17RUPW.H.17RUPW.H.17RUPW.H .17RUPW.H.17RUPW.H.17RUP1 2 3 4 5 67891011121314151617181920212223 24 25 26 27 28 29 30 31 32 33 34 3536 37 38 39 40 41 42 43 44 45 67 66 65 64 63 62 61 60 59 5857 46 47 48 49 50 51 52 53 54 55 56 80 81 82 83 84 85 91 92 93 94 95 9089888786 797877767574737271706968 1 2 3 4 5 67891011121314151617181920212223 24 25 26 27 28 29 30 31 32 33 34 3536 37 38 39 40 41 42 43 44 45 67 66 65 64 63 62 61 60 59 5857 46 47 48 49 50 51 52 53 54 55 56 80 81 82 83 84 85 91 92 93 94 95 9089888786 797877767574737271706968 +2+1+0+3N. MADISON STREET N. GARDINA STREET HIGHLAND AVENUEEVA ONLYEVA ONLY26'-0" DRIVE AISLE 26'-0" DRIVE AISLE26'-0"DRIVE AISLE26'-0"DRIVE AISLEPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPROJECTENTRYELEVATIONS STYLE ASSIGNMENTA1.01Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-202205010025LEGENDMONTEREYSANTA BARBARACOTTAGEENHANCED ELEVATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1110 17RUPW.H.W.H.17RUPW.H.17RUP18'-0" DRIVEWAY 4'-0"4'-0"85'-0" 17'-0" REAR YARD 4'-0"4'-0"4'-0"6'-0"18'-0" DRIVEWAY 16'-6" REAR YARD 18'-0" DRIVEWAY 15'-0" REAR YARD 33'-0"33'-6"36'-6"A1.10Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-202204812PLAN 1PLAN 2PLAN 3CLUSTER - PLANS 1, 2, & 3&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1111 T.O.PLATEFFFF9'-1"9'-1" ±24'-9"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-7"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±24'-6"FINISH GRADEArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022PLAN 1 FRONT ELEVATIONSA2.0005010025'A' SANTA BARABARA'B' COTTAGE'C' MONTEREY&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1112 T.O.PLATEFFFF9'-1"9'-1" ±24'-9"FINISH GRADE'A' LEGEND (SANTA BARBARA)Stucco, 16/20Concrete "S" Profile Roof TileStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam EaveDecorative Stucco VentStucco Arched SoffitStucco Slope SillStucco o/ Foam Scalloped Arched CorbelNot UsedNot UsedDecorative Muntins (On All Sides When RearIs Enhanced)12346789101112513141516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022PLAN 1 'A' SANTA BARBARA ELEVATIONSA2.100248FRONTLEFTREARRIGHT5872161410691112&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1113 T.O.PLATEFFFF9'-1"9'-1" ±25'-7"FINISH GRADE'B' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative ShelfDecorative Muntins (On All Sides When RearIs Enhanced)1234678910111213514151617Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREARRIGHTPLAN 1 'B' COTTAGE ELEVATIONSA2.20024858217141061112131497&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1114 T.O.PLATEFFFF9'-1"9'-1" ±24'-6"FINISH GRADE'C' LEGEND (MONTEREY)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior LightsMetal Sectional Garage DoorStucco Head & Sill TrimDecorative Stucco VentsStucco ColumnStucco o/ Foam Trim BandStucco o/ Foam Bay WindowStucco o/ Foam CorbelDecorative Muntins (On All Sides When RearIs Enhanced)123467891011121351415PLAN 1 'C' MONTEREY ELEVATIONSA2.30Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREAR AT OPT.DECK AND LOGGIARIGHT582141091167120248WITH OPTIONAL LOGGIA AND DECK15&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1115 T.O.PLATEFFFF9'-1"9'-1" ±24'-9"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-7"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±24'-6"FINISH GRADE'A' LEGEND (SANTA BARBARA)Stucco, 16/20Concrete "S" Profile Roof TileStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam EaveDecorative Stucco VentStucco Arched SoffitStucco Slope SillStucco o/ Foam Scalloped Arched CorbelNot UsedNot UsedDecorative Muntins (On All Sides When RearIs Enhanced)123467891011125'B' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative ShelfDecorative Muntins (On All Sides When RearIs Enhanced)12346789101112135'C' LEGEND (MONTEREY)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior LightsMetal Sectional Garage DoorStucco Head & Sill TrimDecorative Stucco VentsStucco ColumnStucco o/ Foam Trim BandStucco o/ Foam Bay WindowStucco o/ Foam CorbelDecorative Muntins (On All Sides When RearIs Enhanced)1234678910111213514131514141516161715PLAN 1 REAR ELEVATIONS -ENHANCEDA2.31Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-20220248'A' SANTA BARABARA - (LOT 81)'B' COTTAGE - (LOTS 3 & 83)'C' MONTEREY - (LOT 92)A16A6B17B6C15A12C6WITH OPTIONAL LOGGIA AND DECKNOTE: REFER TO A1.01 FOR LOCATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1116 W.H.17RUP51'-0"25'-0"18'-0"4'-5"20'-7"37'-6 1/2"9'-0 1/2"A/CENTRYGARAGE20'-0" x 19'-11"LIVING10'-2" x 15'-0"DINING14'-3" x 9'-7"PDR.DW STOVE REFKITCHEN9'-0" x 12'-0"SINK PORCHPANTRYCOAT RTO4'-5"14'-8 1/2"10'-3 1/2"OPT. 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FT.PLAN 1A2.40Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FIRST FLOOR02483 BEDS + LOFT/ 2.5 BATH4 BEDS / 2.5 BATHSECOND FLOOR&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1117 RIDGE RIDGERIDGESANTA BARBARA 'A'PITCH: 4:12 UNOEAVE: 12" UNORAKE: 0" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGERIDGECOTTAGE 'B'PITCH:4:12 UNOEAVE:12" UNORAKE:3" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGERIDGEMONTEREY 'C'PITCH:4:12 UNOEAVE:12" UNORAKE:3" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGERIDGE R. RIDGE RIDGE PLAN 1 ROOF PLANSA2.50Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-20220248MONTEREY REAR AT BALCONY/DECKCOTTAGE REAR AT BALCONY/DECKSANTA BARBARA REAR AT BALCONY/DECK&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1118 T.O.PLATEFFFF9'-1"9'-1" ±27'-6"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-8"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±26'-5"FINISH GRADEArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022PLAN 2 FRONT ELEVATIONSA3.0005010025'A' SANTA BARABARA'B' COTTAGE'C' MONTEREY'A' SANTA BARABARA'B' COTTAGE'C' MONTEREY&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1119 T.O.PLATEFFFF9'-1"9'-1" ±27'-6"FINISH GRADE'A' LEGEND (SANTA BARBARA)Stucco, 16/20Concrete "S" Profile Roof TileStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam EaveDecorative Stucco VentStucco Arched SoffitStucco Slope SillStucco o/ Foam Scalloped Arched CorbelNot UsedNot UsedDecorative Muntins (On All Sides When RearIs Enhanced)12346789101112513141516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREARRIGHT587216141091112PLAN 2 'A' SANTA BARBARA ELEVATIONSA3.100248&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1120 T.O.PLATEFFFF9'-1"9'-1" ±25'-8"FINISH GRADE'B' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative ShelfDecorative Muntins (On All Sides When RearIs Enhanced)1234678910111213514151617PLAN 2 'B' COTTAGE ELEVATIONSA3.20Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREARRIGHT5821171011121314971502484&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1121 T.O.PLATEFFFF9'-1"9'-1" ±26'-5"FINISH GRADE'C' LEGEND (MONTEREY)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior LightsMetal Sectional Garage DoorStucco Head & Sill TrimDecorative Stucco VentsStucco ColumnStucco o/ Foam Trim BandStucco o/ Foam Bay WindowStucco o/ Foam CorbelDecorative Muntins (On All Sides When RearIs Enhanced)123467891011121351415PLAN 2 'C' MONTEREY ELEVATIONSA3.30Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREARRIGHT582141091167150248&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1122 T.O.PLATEFFFF9'-1"9'-1" ±27'-6"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-8"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±26'-5"FINISH GRADE'A' LEGEND (SANTA BARBARA)Stucco, 16/20Concrete "S" Profile Roof TileStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam EaveDecorative Stucco VentStucco Arched SoffitStucco Slope SillStucco o/ Foam Scalloped Arched CorbelNot UsedNot UsedDecorative Muntins (On All Sides When RearIs Enhanced)123467891011125'B' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative ShelfDecorative Muntins (On All Sides When RearIs Enhanced)12346789101112135'C' LEGEND (MONTEREY)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior LightsMetal Sectional Garage DoorStucco Head & Sill TrimDecorative Stucco VentsStucco ColumnStucco o/ Foam Trim BandStucco o/ Foam Bay WindowStucco o/ Foam CorbelDecorative Muntins (On All Sides When RearIs Enhanced)1234678910111213514131514141516161715Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022PLAN 2 REAR ELEVATIONS -ENHANCED0248A3.31'A' SANTA BARABARA - (LOTS 4 & 84)'B' COTTAGE - (LOT 93)'C' MONTEREY - (LOTS 2 & 82)A12A16B17B16C15C6B6NOTE: REFER TO A1.01 FOR LOCATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1123 W.H.17RUP51'-6"ENTRYGARAGE20'-6" x 19'-11"LIVING13'-2" x 14'-10"DINING11'-10" x 14'-10"PDR.DWSTOVEREFKITCHEN16'-7" x 8'-10"SINK25'-6"4'-0"4'-0"18'-0"21'-4 1/2"4'-1 1/2"34'-3"8'-10"PORCHA/CPANTRYCOAT 7'-5"2'-0"RTOCABINETS17RDNPRIMARY SUITE14'-6" x 14'-0"SUITEBATHW.I.C.BATH 2BED 410'-6" x 10'-3"47'-2"25'-6"10'-3 1/2"11'-1"41'-8"10'-10"BED 310'-0" x 10'-7"BED 210'-6" x 10'-9"LAUNDRY6'-6" x 7'-4"LIN.3'-7 1/2"10'-8 1/2"14'-9 1/2"LOFT10'-9" x 13'-6"GROSS SF1ST FLOOR785 SQ. 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FT.Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022PLAN 2A3.400248FIRST FLOORSECOND FLOOR4 BEDS + LOFT/ 2.5 BATH&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1124 SANTA BARBARA 'A'PITCH: 4:12 UNOEAVE: 12" UNORAKE: 0" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGERIDGE RIDGECOTTAGE 'B'PITCH:4:12 UNOEAVE:12" UNORAKE:3" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGE RIDGEMONTEREY 'C'PITCH:3:12 UNOEAVE:12" UNORAKE:3" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE RIDGERIDGEPLAN 2 ROOF PLANSA3.50Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/3/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-20220248&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1125 T.O.PLATEFFFF9'-1"9'-1" ±27'-10"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-10"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±24'-7"FINISH GRADEArchitecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022PLAN 3 FRONT ELEVATIONSA4.0005010025'A' SANTA BARABARA'B' COTTAGE'C' MONTEREY'A' SANTA BARABARA'B' COTTAGE'C' MONTEREY&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1126 T.O.PLATEFFFF9'-1"9'-1" ±27'-10"FINISH GRADE'A' LEGEND (SANTA BARBARA)Stucco, 16/20Concrete "S" Profile Roof TileStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam EaveDecorative Stucco VentStucco Arched SoffitStucco Slope SillStucco o/ Foam Scalloped Arched CorbelNot UsedNot UsedDecorative Muntins (On All Sides When RearIs Enhanced)12346789101112513141516Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREARRIGHT872161410912PLAN 3 'A' SANTA BARBARA ELEVATIONSA4.10024813&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1127 T.O.PLATEFFFF9'-1"9'-1" ±25'-10"FINISH GRADE'B' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative ShelfDecorative Muntins (On All Sides When RearIs Enhanced)1234678910111213514151617PLAN 3 'B' COTTAGE ELEVATIONSA4.20Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREARRIGHT821171012131497175702484&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1128 T.O.PLATEFFFF9'-1"9'-1" ±24'-7"FINISH GRADE'C' LEGEND (MONTEREY)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior LightsMetal Sectional Garage DoorStucco Head & Sill TrimDecorative Stucco VentsStucco ColumnStucco o/ Foam Trim BandStucco o/ Foam Bay WindowStucco o/ Foam CorbelDecorative Muntins (On All Sides When RearIs Enhanced)123467891011121351415PLAN 3 'C' MONTEREY ELEVATIONSA4.30Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022FRONTLEFTREARRIGHT8141096713251512024811714&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1129 T.O.PLATEFFFF9'-1"9'-1" ±27'-10"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±25'-10"FINISH GRADET.O.PLATEFFFF9'-1"9'-1" ±24'-7"FINISH GRADE'A' LEGEND (SANTA BARBARA)Stucco, 16/20Concrete "S" Profile Roof TileStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam EaveDecorative Stucco VentStucco Arched SoffitStucco Slope SillStucco o/ Foam Scalloped Arched CorbelNot UsedNot UsedDecorative Muntins (On All Sides When RearIs Enhanced)123467891011125'B' LEGEND (COTTAGE)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior Light & AddressMetal Sectional Garage DoorStucco o/ Foam SurroundDecorative Stucco VentsStucco Arched SoffitStucco Head & Sill TrimWood Barge BoardWood Eave BoardStucco o/ Foam Trim BandDecorative ShelfDecorative Muntins (On All Sides When RearIs Enhanced)12346789101112135'C' LEGEND (MONTEREY)Stucco, 16/20Asphalt Shingle RoofStucco RecessVinyl WindowsFiberglass Entry DoorsDecorative Shutters (Stucco o/ Foam)Decorative Exterior LightsMetal Sectional Garage DoorStucco Head & Sill TrimDecorative Stucco VentsStucco ColumnStucco o/ Foam Trim BandStucco o/ Foam Bay WindowStucco o/ Foam CorbelDecorative Muntins (On All Sides When RearIs Enhanced)1234678910111213514131514141516161715PLAN 3 REAR ELEVATIONS -ENHANCEDA4.31Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-20220248'A' SANTA BARABARA - (LOTS 1 & 91)'B' COTTAGE - (LOT 80)'C' MONTEREY - (LOTS 5, 85, & 95)A12A16B15C15C6B6NOTE: REFER TO A1.01 FOR LOCATIONS&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1130 GROSS SF1ST FLOOR859 SQ. FT.2ND FLOOR1260 SQ. FT.TOTAL LIVING2119 SQ. FT.GARAGE489 SQ. FT.17RUPW.H.ENTRYGARAGE21'-0" x 20'-2"LIVING16'-3" x 10'-9"DINING16'-6" x 7'-0"PDR. / OPTBATH 3DWSTOVE REFKITCHEN9'-5" x 19'-9"SINKA/C18'-0"26'-6"45'-8"6'-4" 50'-0"5'-0"21'-6"PANTRYFLEX/ OFFICEOPT. BED 510'-0" x 10'-7"COATSTORAGERTOWET BAR17RDNPRIMARY SUITE14'-1" x 14'-9"SUITEBATHW.I.C.BATH 2BED 211'-7" x 11'-7"26'-6"43'-8"8'-2"5'-0"21'-6"51'-10"BED 311'-7" x 10'-0"LOFT/ OPT. BED 410'-1" x 13'-7"OPTIONALTECHW.I.C.LAUNDRY9'-1" x 6'-9"LINEN 17RUPBED 510'-0" x 10'-9"BATH 3PLAN 3A4.40Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/2/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-202202483 BEDS + LOFT+FLEX / 2.5 BATH4 BEDS + FLEX/ 2.5 BATH5 BEDS + 3 BATHSFIRST FLOORSECOND FLOOROPTIONAL BED 5 / BATH 3&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1131 SANTA BARBARA 'A'PITCH: 4:12 UNOEAVE: 12" UNORAKE: 0" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSMONTEREY 'C'PITCH: 3:12 UNOEAVE: 12" UNORAKE: 3" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGERIDGE R. RIDGER.RIDGE COTTAGE 'B'PITCH: 4:12 UNOEAVE: 12" UNORAKE: 3" UNONO ROOF MOUNTED EQUIPMENT EXCEPT SOLAR PANELSRIDGE R. RIDGE RIDGER.8"PLAN 3 ROOF PLANSA4.50Architecture + Planning17911 Von Karman Ave,Suite 200Irvine, CA 92614949.851.2133ktgy.comHIGHLAND AND MEDICAL CENTERSAN BERNARDINO, CA KTGY # 2021-0582Warmington Residential3090 Pullman StreetCosta Mesa, CA 92626714.434.44392/3/20221st Submittal:10-08-2021Plot Date:2nd Submittal:02-04-2022&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1132 2022 / 02 / 04 COLOR BOARDCOLOR SCHEMES INDICATE TYPICAL COLOR AND MATERIAL APPLICATION ALL PAINT TO BE SHERWIN WILLIAMS OR EQUAL ALL ROOFING TO BE EAGLE ROOFING OR EQUAL (DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.10 SANTA BARBARA SW 6988 BOHEMIAN BLACKSW 6988 BOHEMIAN BLACKSW 6988 BOHEMIAN BLACK ALL METALSALL METALSALL METALS COLOR SCHEME 1 SANTA BARBARA SW7030 ANEW GRAY SW6202 CAST IRON SW6202 CAST IRON THERMA-TRU SMOOTH STAR S205 SW7505 MANOR HOUSE EAGLE ROOFING - CAPISTRANO 3636 PIEDMONT BLEND STUCCO BODY | FOAM TRIM SHUTTERS ENTRY DOOR GARAGE DOOR S-TILE ROOFING SW7505 MANOR HOUSE FASCIA COLOR SCHEME 2 SANTA BARBARA SW6154 NACRE SW7705 WHEAT PENNY SW7705 WHEAT PENNY THERMA-TRU SMOOTH STAR S205 SW6152 SUPERIOR BRONZE EAGLE ROOFING - CAPISTRANO 3723 ADOBE BLEND STUCCO BODY | FOAM TRIM SHUTTERS ENTRY DOOR GARAGE DOOR S-TILE ROOFING SW6152 SUPERIOR BRONZE FASCIA SW6141 SOFTER TAN SW6223 STILL WATER SW6223 STILL WATER THERMA-TRU SMOOTH STAR S205 SW7520 PLANTATION BROWN EAGLE ROOFING - CAPISTRANO 3646 SUNSET BLEND STUCCO BODY | FOAM TRIM SHUTTERS ENTRY DOOR GARAGE DOOR S-TILE ROOFING SW7520 PLANTATION BROWN TRIMS|FASCIA COLOR SCHEME 3 SANTA BARBARA Packet Pg.1133 2022 / 02 / 04 COLOR BOARDCOLOR SCHEMES INDICATE TYPICAL COLOR AND MATERIAL APPLICATION ALL PAINT TO BE SHERWIN WILLIAMS OR EQUAL ALL ROOFING TO BE EAGLE ROOFING OR EQUAL (DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.20 COTTAGE COLOR SCHEME 4 COTTAGE SW9162 AFRICAN GRAY SW6103 TEA CHEST SW6103 TEA CHEST THERMA-TRU SMOOTH STAR S600 SW7009 PEARLY WHITE GAF - TIMBERLINE HDZ, FOX HOLLOW GRAY STUCCO BODY SHUTTERS | GABLE END ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7009 PEARLY WHITE TRIMS|FASCIA COLOR SCHEME 5 COTTAGE SW7067 CITYSCAPE SW7069 IRON ORE SW7069 IRON ORE THERMA-TRU SMOOTH STAR S600 SW7069 IRON ORE GAF - TIMBERLINE HDZ, SLATE STUCCO BODY SHUTTERS | GABLE END ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7014 EIDER WHITE TRIMS|FASCIA SW7008 ALABASTER SW7048 URBANE BRONZE SW6384 CUT THE MUSTARD THERMA-TRU SMOOTH STAR S600 SW7048 URBANE BRONZE GAF - TIMBERLINE HDZ, WEATHERED WOOD STUCCO BODY SHUTTERS | GABLE END ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7008 ALABASTER TRIMS|FASCIA COLOR SCHEME 6 COTTAGE SW 6988 BOHEMIAN BLACKSW 6988 BOHEMIAN BLACKSW 6988 BOHEMIAN BLACK ALL METALSALL METALSALL METALS Packet Pg.1134 2022 / 02 / 04 COLOR BOARDCOLOR SCHEMES INDICATE TYPICAL COLOR AND MATERIAL APPLICATION ALL PAINT TO BE SHERWIN WILLIAMS OR EQUAL ALL ROOFING TO BE EAGLE ROOFING OR EQUAL (DUE TO VARIATIONS IN COLOR PRINTERS, SEE PAINT CHIPS FOR ACTUAL COLORS) C.30 MONTEREY COLOR SCHEME 7 MONTEREY SW7011 NATURAL CHOICE SW7675 SEALSKIN SW7675 SEALSKIN THERMA-TRU SMOOTH STAR S93 SW9172 STUDIO CLAY GAF - TIMBERLINE HDZ, BARKWOOD STUCCO BODY SHUTTERS ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW9172 STUDIO CLAY TRIMS|FASCIA COLOR SCHEME 8 MONTEREY SW7548 PORTICO SW7749 LAUREL WOODS SW7749 LAUREL WOODS THERMA-TRU SMOOTH STAR S93 SW9183 DARK CLOVE GAF - TIMBERLINE HDZ, MISSION BROWN STUCCO BODY SHUTTERS ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW9183 DARK CLOVE TRIMS|FASCIA SW9173 SHIITAKE SW7674 PEPPERCORN SW7674 PEPPERCORN THERMA-TRU SMOOTH STAR S93 SW7039 VIRTUAL TAUPE GAF - TIMBERLINE HDZ, MISSION BROWN STUCCO BODY SHUTTERS ENTRY DOOR GARAGE DOOR ASPHALT SHINGLE ROOFING SW7039 VIRTUAL TAUPE TRIMS|FASCIA COLOR SCHEME 9 MONTEREY SW 6988 BOHEMIAN BLACKSW 6988 BOHEMIAN BLACKSW 6988 BOHEMIAN BLACK ALL METALSALL METALSALL METALS Packet Pg.1135 HIGHLAND AVENUE STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X" STREET "X"STREET "X" STREET "X"STREET "X"STREET "X"GARDENAST.MADISONST.MILE 0.1MILE 0 .2 MILE 0.3 MILE 0.4MILE 0.0START PERIMETERPATHEND PERIMETERPATH MILE 0.4MILE 0.0START PERIMETERPATHEND PERIMETERPATH MILE 0.3 MILE 0.2MILE 0.1APN 0143-282-03 APN 0143-231-16APN 0143-282-03APN 0143-281-01APN 0143-284-16APN 0269-081-070143-284-02N.A.P.APN 0143-191-47APN 0143-191-33APN1234567891011121314151617181920212223242526272829303132333435363738394041424344456766656463626160595857464748495051525354555680818283848591929394959089888786797877767574737271706968FS/GB1234.30FS/LP1228.2+2 +1 +0 +3 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 1 PLAN 1 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 1 PLAN 1 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 TREES BOTANICAL / COMMON NAME SIZE WUCOLS QTY CUPANIOPSIS ANACARDIOIDES CARROTWOOD 24"BOX M 10 HYMENOSPORUM FLAVUM SWEETSHADE 24"BOX M 2 LAGERSTROEMIA X `TUSCARORA` TUSCARORA CRAPE MYRTLE 36"BOX M 14 PISTACIA CHINENSIS 'KEITH DAVEY' KEITH DAVEY CHINESE PISTACHE 24"BOX M 16 PLATANUS RACEMOSA CALIFORNIA SYCAMORE 24"BOX M 6 QUERCUS ILEX HOLLY OAK 24"BOX L 4 FRONT YARD TREE, SEE TYPICAL FRONT YARD ENLARGMENT 24" BOX VARIES 95 TREE_SCHEDULE SHRUBS BOTANICAL / COMMON NAME SIZE WUCOLS AGAVE ATTENUATA FOXTAIL AGAVE 5 GAL L BIGNONIA CAPREOLATA 'TANGERINE BEAUTY' TANGERINE BEAUTY CROSS VINE 5 GAL M BOUGAINVILLEA X 'ROSENKA' ROSENKA BOUGAINVILLEA 5 GAL L BOUTELOUA GRACILIS 'BLONDE AMBITION' BLONDE AMBITION BLUE GRAMA 5 GAL L CALLISTEMON VIMINALIS `LITTLE JOHN` DWARF WEEPING BOTTLEBRUSH 5 GAL L DIANELLA TASMANICA `VARIEGATA` FLAX LILY 1 GAL M DIETES BICOLOR FORTNIGHT LILY 5 GAL M HELIANTHEMUM NUMMULARIUM 'WISLEY PRIMROSE' WISLEY PRIMROSE SUNROSE 5 GAL L HESPERALOE PARVIFLORA RED YUCCA 5 GAL L JUNIPERUS HORIZONTALIS `BAR HARBOR` BAR HARBOR CREEPING JUNIPER 1 GAL M KALANCHOE THYRSIFLORA PADDLE PLANT 5 GAL L LANTANA MONTEVIDENSIS `PURPLE` PURPLE TRAILING LANTANA 1 GAL L LEUCOPHYLLUM LAEVIGATUM CHIHUAHUAN SAGE 5 GAL L LEYMUS CONDENSATUS 'CANYON PRINCE' CANYON PRINCE GIANT WILD RYE 5 GAL L LOMANDRA LONGIFOLIA `BREEZE` DWARF MAT RUSH 5 GAL M OPUNTIA CACANAPA 'ELLISIANA' SPINELESS PRICKLY PEAR 5 GAL VL PENSTEMON SPECTABILIS SHOWY PENSTEMON 5 GAL L PHORMIUM TENAX 'JACK SPRATT' NEW ZEALAND FLAX 5 GAL M RHAMNUS CALIFORNICA CALIFORNIA COFFEEBERRY 15 GAL L ROSA X `NOASCHNEE` FLOWER CARPET WHITE GROUNDCOVER ROSE 5 GAL M ROSMARINUS OFFICINALIS `PROSTRATUS` DWARF ROSEMARY 1 GAL L ROSMARINUS OFFICINALIS `TUSCAN BLUE` TUSCAN BLUE ROSEMARY 5 GAL L SALVIA GREGGII AUTUMN SAGE 5 GAL L STRELITZIA JUNCEA NARROW-LEAFED BIRD OF PARADISE 5 GAL L WESTRINGIA FRUTICOSA COAST ROSEMARY 5 GAL L GROUND COVERS BOTANICAL / COMMON NAME SIZE WUCOLS FESTUCA X 'SUPERIOR PLUS' SUPERIOR FESCUE FLAT H SHRUB SCHEDULE February 3, 2022 LANDSCAPE CONCEPT: This landscape will consist of California-Friendly,low and medium water use plant material.All plants have been chosen from the low or medium water use category according to WUCOLS.Shrubs have been chosen to create a uniform theme across the site consisting of Mediterranean and California friendly plant material.Maintenance and longevity of plant material has been taken into consideration.Root panels and barriers will be utilized on all trees where necessary.A 3"layer of bark mulch will be used in all landscape areas.All landscape areas will conform to the current City of San Bernardino Landscape Guidelines. IRRIGATION CONCEPT: The irrigation design will incorporate the latest in smart irrigation technologies.All new landscape areas will include high efficiency,low water use methods.All shrub planters will use drip line with an irrigation efficiency of .81.A smart irrigation controller with a rain shut off device will also be incorporated.Bark mulch will be used to retain moisture and reduce evaporation and an irrigation schedule will be provided to program the controller. Two irrigation schedules shall be prepared,one for plant establishment and one for after plant establishment.All new irrigation systems will comply with all current City of San Bernardino Landscape Guidelines. REFER TO OPEN SPACE ENLARGEMENT PAINTED PERIMETER PATH MILE MARKERS PAVERS AT ENTRY TO MATCH PAVER STYLE IN ENLARGEMENT VICINITY MAP - NTS WELO PLACEHOLDER 0'40'80'120' PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTH NORTH HIGHLAND & MEDICAL CENTER CONCEPTUAL LANDSCAPE PLAN Packet Pg.1136 TYPICAL FRONT YARD PLANTING PALETTE COTTAGE MONTEREY SANTA BARBARA FOREGROUND SYMBOL PLANT TYPE SIZE ACCENT TREE FOUNDATION X CHITALPA TASHKENTENSIS / CHITALPA MAGNOLIA GRANDIFLORA 'LITTLE GEM' / LITTLE GEM MAGNOLIA OLEA EUROPAEA 'FRUITLESS' / FRUITLESS OLIVE LEPTOSPERMUM SCOPARIUM / NEW ZEALAND TEA TREE CUPRESSUS SEMPERVIRENS 'TINY TOWER' / TINY TOWER CYPRESS YUCCA FILAMENTOSA 'GOLDEN SWORD' / GOLDEN SWORD YUCCA CALANDRINIA SPECTABILIS / ROCK PURSELANE MYOPORUM PARVIFOLIUM 'PUTAH CREEK' / CREEPING MYOPORUM LANTANA 'NEW GOLD' / NEW GOLD LANTANA MUHLENBERGIA RIGENS / DEER GRASS DIETES X 'NOLA ALBA' / KATRINA AFRICAN IRIS PENSTEMON SPECTABILIS / SHOWY PENSTEMON LAURUS NOBILIS / SWEET BAY LIGUSTRUM JAPONICUM 'TEXANUM' / WAXLEAF PRIVET LAVATERA MARITIMA / BUSH MALLOW DIANELLA REVOLUTA 'LITTLE REV' / LITTLE REV FLAX LILY ROSA X NOARE / FLOWER CARPET RED GROUNDCOVER ROSE LAVANDULA STOECHAS / SPANISH LAVENDER 15 GAL 5 GAL 5 GAL 1 GAL 1 GAL 24" Box NOTE:ALL FRONT YARD PLANT MATERIAL IS LOW OR MODERATELY LOW WATER USE (DROUGHT TOLERANT ONCE ESTABLISHED) A PLANT FACTOR OF .4 (MIXED WATER USE/MODERATELY LOW WATER USE) HAS BEEN USED FOR THE WATER USE CALCULATION ALL PLANTER AREAS WILL RECEIVE A 3" LAYER OF MEDIUM GRIND BARK MULCH, INCLUDING WALKING PATH TO REAR YARD GATE. PLANTING PALETTE PER ELEVATION PLAN 3 PLAN 1 PLAN 2 MIDGROUND GROUNDCOVER +2 +1 +0 +3 February 3, 2022 SHADE STRUCTURE BARK MULCH PATHWAY FOR GATE ACCESS TO REAR YARD PICNIC-STYLE SEATING CONCRETE PAD AND BENCH ACCENT ENTRY TREES CONCRETE PAD WITH BENCH AND WASTE RECEPTACLE CONCRETE PAVERS CHARCOAL BBQ AND ASH RECEPTACLE BUILT-IN COUNTERTOP WITH STEEL SINK 72" CMU WALL WITH STUCCO FINISHDENSE SHRUB SCREENING OPEN SPACE ENLARGEMENT 1"=10'-0" TYPICAL FRONT YARD PLANTING ENLARGEMENT 1"=10'-0" SHADE STRUCTURE - POLIGON 4X12 PAVERS - ACKERSTONEPICNIC TABLE SEATING - MIRACLE 0'10'20'30' PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTH HIGHLAND & MEDICAL CENTER ENLARGEMENTS Packet Pg.1137 SYMBOL DESCRIPTION COLOR/FINISH MANUFACTURER 6`-0" HIGH 8X6X18 DOUBLE-SIDED SPLIT FACE BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP TAN ORCO BLOCK OR PROTO II 6`-0" HIGH 8X6X18 SINGLE-SIDED SPLIT FACE BLOCK WALL WITH 8X2X16 SPLIT FACE WALL CAP COLOR TAN, SPLIT FACE FOR INTERIOR FACING, PRECISION FOR EXTERIOR FACING WALLS ORCO BLOCK OR PROTO II 6`-0" HIGH VINYL FENCE TAN 6`-0" HIGH, 3`-0" WIDE VINYL GATE TAN 6`-6" HIGH 12X8X12 SPLITFACE PILASTER WITH CAP TAN ORCO BLOCK OR PROTO II VEHICULAR ENTRY GATE STEEL/BLACK PEDESTRIAN ENTRY GATE STEEL/BLACK EMERGENCY VEHICULAR ENTRY GATE STEEL/BLACK ENTRY MONUMENTATION SLUMP BLOCK/ WHITE SLURRY FINISH ORCO BLOCK OR PROTO II WALL_SCHEDULE HIGHLAND AVENUE STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X"STREET "X" STREET "X"STREET "X" STREET "X"STREET "X"STREET "X"GARDENAST.MADISONST.MILE 0.1MILE 0.2 MILE 0.3 MILE 0.4MILE 0.0START PERIMETERPATHEND PERIMETERPATH MILE 0.4MILE 0.0START PERIMETERPATHEND PERIMETERPATH MILE 0.3 MILE 0.2MILE 0.1APN 0143-191-36APN 0143-191-60APN 0143-282-03 APN 0143-231-16APN 0143-282-03APN 0143-281-01APN 0143-284-16APN 0269-081-070143-284-02N.A.P.APN 0143-191-47APN 0143-191-33APN1234567891011121314151617181920212223242526272829303132333435363738394041424344456766656463626160595857464748495051525354555680818283848591929394959089888786797877767574737271706968FS/GB1234.30FS/LP1228.2+2 +1 +0 +3 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 1 PLAN 1 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 2PLAN 3 PLAN 3 PLAN 2 PLAN 2PLAN 3 PLAN 3PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 1 PLAN 1 PLAN 1 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2PLAN 2PLAN 2 PLAN 2 PLAN 3 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 2 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 2 PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 PLAN 1 PLAN 1PLAN 3 PLAN 3 PLAN 3 PLAN 3 PLAN 2 PLAN 1 PLAN 3 PLAN 3 PLAN 3PLAN 2 PLAN 2 PLAN 2PLAN 1 PLAN 1 February 3, 2022 SECTION A A - 0'40'80'120' PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224NORTH HIGHLAND & MEDICAL CENTER WALL AND FENCE PLAN Packet Pg.1138 MILE 0.4MILE 0.0START PERIMETERPATHEND PERIMETER PATH6"4"NOTES: -LOCATIONS PER PLAN -FINAL TEXT, FONT, AND COLOR TO BE DETERMINED BY OWNER. PAINTED PERIMETER PATH MILE MARKERS N.T.S. CONCRETE WALK 8'-0"6'-0"6'-0" TALL VINYL FENCE N.T.S. DETAILS 12'-6" or 6'-6"12'-0" or 6'-0"SPLIT FACE EXTERIOR BLOCK WALL AND PILASTER N.T.S. 3'-0"6'-0"3'-0" WIDE VINYL GATE N.T.S. DETAILS PEDESTRIAN AND VEHICLE ENTRY GATES - N.T.S. PERFORATED STEEL MESH HEAVY DUTY SELF-CLOSING HINGES WALL RETURN 20'6'1'1' EMERGENCY VEHICLE ACCESS GATE - N.T.S. 15'-0" SLUMP BLOCK W/ SLURRY COAT 3'-0" WIDE VINYL GATE N.T.S.ENTRY MONUMENT N.T.S. NOTE: MONUMENT MOUNTED TO WALL. FINAL LOGO AND GRAPHIC TO BE DETERMINED. February 3, 2022 HIGHLAND & MEDICAL CENTER WALL AND FENCE DETAILS PREPARED FOR WARMINGTON RESIDENTIAL 3090 PULLMAN STREET COSTA MESA, CA 92626 PH:(909) 438-6224 Packet Pg.1139 MITIGATION MONITORING & REPORTING PROGRAM Highland Avenue and Medical Center Drive General Plan Amendment (GPA) 21-01 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-06 Subdivision (SUB) 21-12 (Tentative Tract Map. No. 20494) Development Permit Type-P (DP-P) 21-06 City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner (909)384-5313 June 8, 2022 Packet Pg.1140 1 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: BIOLOGICAL RESOURCES BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre -construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Depar tment of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to en sure that animals do not re-enter the holes/dens. Upon completing the survey and any follow -up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. Planning Department Prior to the issuance of a grading permit BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion. Planning Department Prior to the issuance of a grading permit CULTURAL RESOURCES CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be Planning Department During ground disturbance activities Packet Pg.1141 2 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted, as detailed within TCR-1, regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan, the drafts of which shall be provided to SMBMI for review and comment, as detailed within TCR-1. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. Planning Department During ground disturbance activities GEOLOGY AND SOILS (PALENTOLOGICAL RESOURCES) GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5- 10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. City Inspectors Prior to the issuance of a grading permit GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. City Inspectors During ground disturbance activities TRIBAL CULTURAL RESOURCES Packet Pg.1142 3 MITIGATION MEASURE (MM) RESPONSIBILITY FOR IMPLEMENTATION TIME FRAME/MILESTONE VERIFIED BY: The San Manuel Band of Mission Indians (SMBMI indicated the Project site had a low sensitivity for tribal cultural resources. However, they did request to be added to Mitigation Measure CR-2. Planning Department During ground disturbance activities Packet Pg.1143 RESOLUTION NO. 2022-031 -PC RESOLUTION NO. 2022-031 -PC A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SAN BERNARDINO, CALIFORNIA, FORWARDING A RECOMMENDATION TO THE MAYOR AND CITY COUNCIL RECOMMENDING ADOPTION OF THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; APPROVAL OF GENERAL PLAN AMENDMENT 21-01 AND DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT) 21-06 TO CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM COMMERCIAL TO MULTIPLE-FAMILY RESIDENTIAL AND THE ZONING DISTRICT CLASSIFICATION FROM COMMERCIAL GENERAL (CG-1) TO RESIDENTIAL MEDIUM (RM) OF A PARCEL CONTAINING APPROXIMATELY 9.9 ACRES; SUBDIVISION 21-12 (TENTATIVE TRACT MAP 20494) TO ALLOW THE SUBDIVISION OF THE PROPERTY INTO NINETY-FIVE (95)SINGLE-FAMILY RESIDENTIAL LOTS AND NINE (9) LETTERED LOTS FOR COMMON FACILITY IMPROVEMENTS ; AND, DEVELOPMENT PERMIT TYPE-D 21-06 TO ALLOW THE DEVELOPMENT AND ESTABLISHMENT OF A PLANNED UNIT DEVELOPMENT COMPRISED OF NINETY-FIVE (95) DETACHED SINGLE­ FAMILY RESIDENCES, LOCATED ON THE SOUTH SIDE OF W. HIGHLAND A VENUE, APPROXIMATELY 600 FEET WEST OF N. MEDICAL CENTER DRIVE (APN: 0143-191- 59)WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE. WHEREAS, on October 11, 2021, pursuant to the requirements of Chapter 19 .50 ( General Plan Amendments), Chapter 19.42 (Development Code Amendments), Chapter 19.74 (Zoning Map Amendments), Chapter 19 .66 (Subdivision Maps), and Chapter 19 .44 (Development Permits) an application for General Plan Amendment 21-01, Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 was duly submitted by: Property Owner: Applicant: APN: Lot Area: PI Properties, LLC 1 795 W. Highland A venue San Bernardino, CA 92411 Warmington Residential California 3090 Pullman Street Costa Mesa, CA 92626 0143-191-59 9.9 acres 1 Packet Pg.1144 Packet Pg.1145 Packet Pg.1146 Packet Pg.1147 Packet Pg.1148 Packet Pg.1149 Packet Pg.1150 Packet Pg.1151 Packet Pg.1152 Packet Pg.1153 Packet Pg.1154 Packet Pg.1155 Packet Pg.1156 Packet Pg.1157 Packet Pg.1158 Packet Pg.1159 Packet Pg.1160 Packet Pg.1161 Packet Pg.1162 Packet Pg.1163 Packet Pg.1164 Packet Pg.1165 Packet Pg.1166 Packet Pg.1167 Packet Pg.1168 Packet Pg.1169 Packet Pg.1170 Packet Pg.1171 Packet Pg.1172 Packet Pg.1173 Packet Pg.1174 Packet Pg.1175 Packet Pg.1176 Packet Pg.1177 Packet Pg.1178 Packet Pg.1179 Packet Pg.1180 Packet Pg.1181 Packet Pg.1182 Packet Pg.1183 Packet Pg.1184 Packet Pg.1185 Packet Pg.1186 Packet Pg.1187 Packet Pg.1188 Packet Pg.1189 Packet Pg.1190 Packet Pg.1191 Packet Pg.1192 Packet Pg.1193 Packet Pg.1194 Packet Pg.1195 Packet Pg.1196 Packet Pg.1197 Packet Pg.1198 Packet Pg.1199 Packet Pg.1200 Packet Pg.1201 Packet Pg.1202 Packet Pg.1203 Packet Pg.1204 Packet Pg.1205 Packet Pg.1206 Packet Pg.1207 Packet Pg.1208 Packet Pg.1209 Packet Pg.1210 Packet Pg.1211 Packet Pg.1212 Packet Pg.1213 Packet Pg.1214 Final Initial Study/Mitigated Negative Declaration Highland Avenue and Medical Center Drive General Plan Amendment (GPA) 21-01 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-06 Subdivision (SUB) 21-12 (Tentative Tract Map. No. 20494) Development Permit Type-P (DP-P) 21-06 Lead Agency: City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner 909-384-5313 Consultant: Romo Planning Group, Inc. 9431 Haven Avenue, Ste. 232 Rancho Cucamonga, CA 91730 June 8, 2022 Packet Pg.1215 Packet Pg.1216 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration i TABLE OF CONTENTS 1.0 INTRODUCTION ...................................................................................................................1 1.1 Purpose of the Initial Study..........................................................................................1 1.2 Purpose of a Mitigated Negative Declaration ..............................................................1 1.3 Initial Study /Mitigated Negative Declaration Document .............................................1 1.4 Public Review and Processing of Document .................................................................1 2.0 PROJECT BACKGROUND ......................................................................................................3 2.1 Project Location ...........................................................................................................3 2.2 Project Description ......................................................................................................3 2.3 Existing Site Conditions/Environmental Setting ...........................................................4 2.4 Existing General Plan/Zoning Designations ..................................................................5 3.0 INITIAL STUDY CHECKLIST ................................................................................................... 8 3.1 AESTHETICS ............................................................................................................ 11 3.2 AGRICULTURE AND FORESTRY RESOURCES ............................................................. 14 3.3 AIR QUALITY ........................................................................................................... 17 3.4 BIOLOGICAL RESOURCES ..........................................................................................27 3.5 CULTURAL RESOURCES ........................................................................................... 31 3.6 ENERGY................................................................................................................... 34 3.7 GEOLOGY AND SOILS .............................................................................................. 36 3.8 GREENHOUSE GAS EMISSIONS ................................................................................ 43 3.9 HAZARDS AND HAZARDOUS MATERIALS ................................................................. 46 3.10 HYDROLOGY AND WATER QUALITY ........................................................................ 51 3.11 LAND USE AND PLANNING ...................................................................................... 59 3.12 MINERAL RESOURCES ............................................................................................. 61 3.13 NOISE ..................................................................................................................... 62 3.14 POPULATION AND HOUSING .................................................................................. 67 3.15 PUBLIC SERVICES .....................................................................................................69 3.16 RECREATION ........................................................................................................... 72 3.17 TRANSPORTATION ...................................................................................................73 3.18 TRIBAL CULTURAL RESOURCES ................................................................................76 3.19 UTILITIES AND SERVICE SYSTEMS ............................................................................ 79 3.20 WILDFIRE ................................................................................................................ 84 3.21 MANDATORY FINDINGS OF SIGNIFICANCE .............................................................. 85 Packet Pg.1217 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration ii APPENDICES (Under separate cover) A. Air Quality and Greenhouse Gas Technical Memorandum, KPC EHS Consultants, November 8, 2021. B. Biological Habitat Assessment, Michael V. Grimes, December 20, 2021. C. Geotechnical and Infiltration Evaluation, GeoTek Inc., August 12, 2021. D. Preliminary Drainage Report, Allard Engineering, October 5, 2021. E. Preliminary Water Quality Management Plan , Allard Engineering, September 30, 2021. F. Noise Assessment Technical Memorandum , KPC EHS Consultants, December 1, 2021. G. Vehicle Miles Traveled Screening Analysis, TJW Engineering, Inc. March 2, 2022. LIST OF EXHIBITS Exhibit 1: Project Location Map/Aerial Photo ..............................................................................7 Exhibit 2: Site Plan .......................................................................................................................8 LIST OF TABLES Table 1: Existing and Surrounding Land Uses ............................................................................. 5 Table 2: Existing and Surrounding General Plan and Zoning Designations/Classifications .......... 5 Table 3: Attainment Status of Criteria Pollutants in the South Coast Air Basin ......................... 18 Table 4: South Coast Air Quality Management District Air Quality Significance Thresholds ...... 20 Table 5: Construction Equipment List ....................................................................................... 21 Table 6: Maximum Daily Peak Construction Emissions ............................................................. 22 Table 7: Maximum Daily Peak Operational Emissions ............................................................... 22 Table 8: Localized Significance Threshold Analysis .................................................................... 28 Table 9: Estimated Annual Energy Consumption ...................................................................... 35 Table 10: Total Project Greenhouse Gas Emissions .................................................................. 44 Table 11: Typical Construction Noise Levels ............................................................................ 63 Table 12: Typical Vibration Levels for Construction Equipment ................................................ 65 Packet Pg.1218 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration iii EXECUTIVE SUMMARY Project Name/File No(s). Highland Ave, & Medical Center Dr. Residential Project/TTM 20494 General Plan Amendment (GPA) 21-01 Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-06 Subdivision (SUB) 21-12 Development Permit Type-P (DP-P) 21-06 Lead Agency Contact City of San Bernardino 201 North E Street, 3rd Floor San Bernardino CA 92501 Travis Martin, Associate Planner 909-384-5313 Martin_tr@sbcity.org Project Proponent Warmington Residential 3090 Pullman Street Costa Mesa, CA 92626 Moses Kim, (562) 822-0806 Project Summary The Project proposes to amend the General Plan and Zoning Map from CG -1 (General Commercial) to RM (Residential Medium) and subdivide 9.9 gross acres into individual lots to develop a planned residential development consisting of 95 single-family detached homes, open space, and private streets. Project Location Assessor Parcel No.0143- 191-59 Based on this Initial Study document, the Project will result in the following impacts to the environment: Packet Pg.1219 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration iv 4.4 Biological Resources Grading may impact the burrowing owl and nesting birds. BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owls within seven days before the commencement of ground-disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite biologist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl burrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Department of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied and back filled to ensure that animals do not re-enter the holes/dens. Upon completing the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no- construction buffer shall be established and/or monitored by the qualified biologist at their discretion. 4.5 Cultural Resources Grading may impact sub-surface archaeological resources. CR-1. Cultural Resources Discovery. If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60-foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted regarding any pre-contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Initial Study Section Description of Impact Mitigation Measure Packet Pg.1220 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration v Plan in coordination with SMBMI, the drafts of which shall be provided to SMBMI for review and comment. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. 4.7 Geology and Soils Grading may impact sub-surface paleontological resources. GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5-10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground-disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. 4.18 Tribal Cultural Resources Grading may impact sub-surface tribal cultural resources. CR-2 shall apply. 4.19 Utilities and Service Systems Grading, trenching, or digging for the installation of water lines, sewer lines, storm drainage facilities, and utility connections may impact biological resources, cultural resources, paleontological resources, and tribal cultural resources. BIO-1, BIO-2, CR-1, CR-2, GEO-1 Packet Pg.1221 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 1.0 Introduction 1 1.0 INTRODUCTION 1.1-Purpose of the Initial Study/Mitigated Negative Declaration The California Environmental Quality Act (CEQA) requires that for a project that is not exempt from CEQA, that a preliminary analysis must be conducted to determine whether a Negative Declaration, Mitigated Negative Declaration, or an Environmental Impact Report should be prepared for the project. This preliminary analysis is called an “Initial Study.” Based on the Initial Study prepared for this Project, the City of San Bernardino Planning Division recommends that a Mitigated Negative Declaration be adopted for this Project. A Mitigated Negative Declaration is a written statement by the City that the Initial Study identified potentially significant environmental effects caused by the Project, but mitigation measures are required to eliminate or mitigate impacts to less than significant levels. 1-2 -Public Review of the Initial Study/Mitigated Negative Declaration This Initial Study/Mitigated Negative Declaration and a Notice of Intent to Adopt the Mitigated Negative Declaration was distributed to the foll owing entities for a 20‐day public review period: 1) Organizations and individuals who have previously requested such notice in writing to the City of San Bernardino. 2) Responsible and trustee agencies (public agencies that have a level of discretionary approval over some component of the proposed Project); and 3) Owners of property located within 500 feet of the exterior boundaries of the project site. 3) The San Bernardino County Clerk. The Notice of Intent was also noticed to the general public in the San Bernardino Sun, a primary newspaper of circulation in the areas affected by the Project. Packet Pg.1222 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 1.0 Introduction 2 As required by California Environmental Quality Act (CEQA) Section 15105, a minimum 20 -day public review period is required for this Initial Study/Mitigated Negative Declaration. Comments are to be submitted to: Travis Martin, Associate Planner Community & Economic Development Department City of San Bernardino 201 North E Street, 3rd Floor San Bernardino, CA 92401 (909) 384-5313 martin_tr@sbcity.org Packet Pg.1223 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 2.0 Project Background 3 2.0 PROJECT BACKGROUND 2.1 Project Location The proposed Project site is located south of Highland Avenue and west of Medical Center Drive and is referred to as APN: 0143-191-59. 2.2 Project Description The Project Proponent, Warmington Residential, submitted the following applications to the City of San Bernardino, which comprise the proposed Project: ▪ General Plan Amendment (GPA) 21-01 changing the land use designation from C (Commercial) to Multi-Family Residential (MFR). ▪ Development Code Amendment/Zoning Map Amendment (DCA/ZMA) 21-06 from CG-1 (Commercial General-1) to RM (Residential Medium). ▪ Subdivision (SUB) 21-12 (Tentative Tract Map No. 20494) allows the subdivision of 9.9 gross acres into 95 residential lots ranging in size from 2,114 square feet to 4,076 square feet. ▪ Development Permit Type-P (DP-P) 21-06 to allow the development of a Planned Residential Development (PRD) community consisting of detached single -family dwelling units on individual lots and open space areas . The proposed homes are two-story detached homes with three (3) floor plans, ranging from 1,680 square feet to 2,100 square feet. The Project’s application materials are on file with the City of San Bernardino Planning Division, 201 North E Street, 3rd Floor San Bernardino CA 92401, and are hereby incorporated by reference. Site Improvements The primary site improvements are described as follows: Street Improvements and Access Primary access is proposed from a fifty-foot-wide driveway on Highland Avenue. Internal streets will be private streets within a 26-foot right-of-way. Water and Wastewater Improvements Packet Pg.1224 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 2.0 Project Background 4 Water: The Project is proposing to connect to the existing 8-inch diameter water main in N. Gardina Street and loops onto an existing 6” water main on W. Highland Avenue. Sewer: The Project will connect to the existing 8-inch diameter sewer main on N. Madison Street. No off-site sewer or water line extensions are needed to serve the Project site. Drainage Improvements The proposed drainage system includes below surface Contech retention/infiltration chamber systems (7 units) for retention and infiltration, grate inlets with Filter Inserts for pre -treatment, swales, and storm water piping. Construction Duration Construction duration is estimated to occur over 12 months. Operational Characteristics The Project would be operated as a residential community. Typical operational characteristics include residents and visitors traveling to and from the site, delivery of merchandise and supplies to the residents, and maintenance activities. 2.3 Existing Site Conditions/Environmental Setting CEQA Guidelines §15125 establishes requirements for defining the environmental setting to which the environmental effects of a proposed project must be compared. The environmental setting is defined as “…the physical environmental conditions in the vicinit y of the project, as they exist at the time the Notice of Preparation is published, or if no Notice of Preparation is published, at the time the environmental analysis is commenced…” (CEQA Guidelines §15125[a]). A Notice of Preparation was not required when the Initial Study was commenced. Thus, the environmental setting for the Project is the approximate date that the Project’s Initial Study began in October 2021. The approximate 10-acre “L”-shaped project site is located on the south side of West High land Avenue, approximately 600 feet west of Medical Center Drive, in the City of San Bernardino, San Bernardino County, California (See Exhibit 1, Project Location Map/Aerial Photo). Access to the site is available from West Highland Avenue, a n improved paved street located adjacent to the northern boundary of the site. A dirt trail (extension of North Gardena Street) extending to West Highland Avenue is present along the northwestern boundary of the site. Topographically, the site slopes gently downward to the east at an approximate two (2) percent gradient. Elevation of the western portion of the site is approximately 1,230 feet , with approximately 10 feet of elevation differential across the site. The site consists primarily of an un-vegetated mowed/disked field. Habitat conditions are extremely marginalized due to surrounding Packet Pg.1225 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 2.0 Project Background 5 development and associated human disturbance such as multimodal traffic, artificial lighting, pedestrian use, and residential and commercial activities. Vegetation consists of common and nonnative invasive species characteristic of disturbed places such as common fiddle neck (Amsinckia intermedia), cheeseweed mallow (Malva parviflora), and foxtail barley (Hordeum murinum), mustard (Brassica sp.), wild oat (Avena fatua), and bluegum eucalyptus (Eucalyptus globulus). Existing and Proposed General Plan/Zoning designations are shown in Table 1, Existing and Surrounding Land Uses /Zoning. Table 1. Existing and Surrounding Land Uses/Zoning Location Existing Use General Plan Designation Zoning Classification Site Vacant land C(Commercial) CG-1 (Commercial General) North Highland Avenue followed by commercial development C (Commercial) CG-1 (Commercial General) South Single-family residential development SFR (Single Family Residential) RS (Residential Suburban) East Mobile home park C (Commercial) SFR (Single Family Residential) CO (Commercial Office) RS (Residential Suburban) West Veterinarian hospital, vacant land C (General) SFR (Single Family Residential) CG-1 (Commercial General) RU (Residential Urban) Source: City of Colton General Plan and Zoning Maps, City of San Bernardino General Plan and Zoning Maps, Field Inspection, October 2021 Packet Pg.1226 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 2.0 Project Background 6 Exhibit 1: Project Location Map/Aerial Photo W. Highland Ave. . Packet Pg.1227 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 2.0 Project Background 7 Exhibit 2: Illustrative Site Plan Packet Pg.1228 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.0 Initial Study Checklist 8 3.0 INITIAL STUDY CHECKLIST Evaluation Format This Initial Study Checklist has been prepared in compliance with the California Environmental Quality Act (CEQA) Guidelines. The Project is evaluated based on its potential effect on twenty- one (21) environmental factors categorized as follows, as well as Mandatory Findings of Significance: 1. Aesthetics 11. Land Use & Planning 2. Agriculture & Forestry Resources 12. Mineral Resources 3. Air Quality 13. Noise 4. Biological Resources 14. Population & Housing 5. Cultural Resources 15. Public Services 6. Energy 16. Recreation 7. Geology & Soils 17. Transportation 8. Greenhouse Gas Emissions 18. Tribal Cultural Resources 9. Hazards & Hazardous Materials 19. Utilities and Service Systems 10. Hydrology & Water Quality 20. Wildfire 21. Mandatory Findings of Significance Each factor is analyzed by responding to a series of questions pertaining to the impact of the Project on the particular factor in the form of a checklist . This Initial Study provides a manner to analyze the impacts of the Project on each factor to determine the severity of the impact and determine if mitigation measures can be implemented to reduce the impact to less than significant without preparing an Environmental Impact Report. The effects of the Project are then placed in the following four categories, each followed by a summary to substantiate why the Project does not impact the particular factor with or without mitigation. If “Potentially Significant Impacts” that cannot be mitigated are determined, then the Project does not qualify for a Mitigated Negative Declaration, and an Environmental Impact Report must be prepared: Packet Pg.1229 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.0 Initial Study Checklist 9 Potentially Significant Impact Less Than Significant Impact with Mitigation Incorporated Less Than Significant Impact No Impact Potentially significant impact(s) have been identified or anticipated that cannot be mitigated to a level of insignificance. An Environmental Impact Report must therefore be prepared. Potentially significant impact(s) have been identified or anticipated, but mitigation can reduce the impact(s) to a less than significant category. Mitigation measures must then be identified. No “significant” impact(s) identified or anticipated. Therefore, no mitigation is necessary. No impact(s) identified or anticipated. Therefore, no mitigation is necessary. Environmental Factors Requiting Mitigation The environmental factors marked with an “X” below would be affected by this Project and thus require mitigation to reduce impacts to a “less than significant” level as indicated by the checklist on the following pages. Aesthetics Agriculture and Forestry Resources Air Quality Biological Resources Cultural Resources Energy Geology and Soils Greenhouse Gas Emissions Hazards and Hazardous Materials Hydrology and Water Quality Land Use and Planning Mineral Resources Noise Population and Housing Public Services Recreation Transportation Tribal Cultural Resources Utilities and Service Systems Wildfire Mandatory Findings of Significance Packet Pg.1230 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.0 Initial Study Checklist 10 Determination On the basis of this initial evaluation: I find that the proposed use COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be recommended for adoption. I find that although the proposal could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the Project Applicant. A MITIGATED NEGATIVE DECLARATION will be recommended for adoption. I find that the proposal MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposal MAY have a significant effect(s) on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets if the effect is a “potentially significant impact” or “potentially significant unless mitigated.” An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION, pursuant to all applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures impo sed upon the proposed Project, nothing further is required. City of San Bernardino Signature Lead Agency Travis Martin, Associate Planner May 9, 2022 Printed Name/Title Date X Packet Pg.1231 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 11 3.1 AESTHETICS Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Have a substantial adverse effect on a scenic vista? ✓ b. Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? ✓ c. In non-urbanized areas, substantially degrade the site's existing visual character or quality of public views and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? ✓ d. Create a new source of substantial light or glare, which would adversely affect day or nighttime views in the area? ✓ 3.1 (a) Have a substantial adverse effect on a scenic vista? Determination: Less Than Significant Impact. Sources: General Plan, Google Earth, Project Application Materials. Impact Analysis The Project site consists of vacant undeveloped land. To the north is Highland Avenue, followed by commercial development. To the south is single -family residential development. To the east is a mobile home park. To the west are a veterinarian hospital and vacant undeveloped land. Under CEQA, a scenic vista is defined as a viewpoint that provides expansive views of a highly valued landscape for the benefit of the general public. The City of San Bernardino General Plan identifies scenic vistas as Kendall Hills, San Bernardino Mountains, the hillsides adjacent to Arrowhead Springs, Lytle Creek Wash, East Twin Creeks Wash, Santa Ana River, Badger Canyon, Bailey Canyon, and Waterman Canyon 1. The Project site is not located in proximity to these identified scenic resources. As such, there is no impact. 1 General Plan, p.12-22. Packet Pg.1232 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 12 3.1 (b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? Determination: No Impact. Sources: California Department of Transportation -Scenic Highway Program Eligible and Officially Designated Routes. Impact Analysis The Legislature created California's Scenic Highway Program in 1963. Its purpose is to protect and enhance California highways and adjacent corridors' natural scenic beauty through special conservation treatment. The Scenic Highway Program's state laws are found in the Streets and Highways Code, Sections 260 through 263. According to the California Department of Transportation, two roadways within the City have been nominated as eligible Scenic Highway status; however, they are not officially designated. The portions of State Route (SR) 210, south of SR 330, and SR 330 that pass through the City are designated as Eligible State Scenic Highways – Not Officially Designated. The Project site is not located within or adjacent to SR-30 or SR-330. As such, there is no impact. 3.1 (c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experienced from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? Determination: Less Than Significant Impact. Sources: Project Application Materials, General Plan, Municipal Code. Impact Analysis The Project site is in an “urbanized area,” as defined by Public Resources Code Section 21071 (i.e., an incorporated city with a population of at least 100,000 persons). In addition, a ccording to the Census 2010 Urbanized Area Outline Maps2, the Project site is in the Riverside-San Bernardino, CA Urbanized Area. The Project is subject to the goals and policies of the Community Design Element of the General Plan to ensure that the Project meets policies relating to site design and architectural quality. In addition, the Project is subject to Municipal Code Section 19.04.030 Development Standards, 2. Residential Zones Specific Standards, Section 19.04.030.N Planned Residential Development/Small Lot Subdivisions, and Section G. 19.04.050 Residential Development Design Guidelines. Through the project review process, the Planning Department determined that the Project complies with all applicable requirements governing scenic quality. 2 https://www.census.gov/geographies/reference-maps/2010/geo/2010-census-urban-areas.html Packet Pg.1233 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 13 3.1 (d) Create a new source of substantial light or glare which wou ld adversely affect day or nighttime views in the area? Determination: Less Than Significant Impact. Sources: Project Application Materials. Impact Analysis The Project would increase the amount of light in the area above what is being generated by the vacant site by directly adding new illumination sources, including security and decorative lighting. Lighting All outdoor lighting is required to comply with California Green Building Standard Code §5.106 or with a local ordinance lawfully enacted according to California Green Building Standard Code §101.7, whichever is more stringent. The local ordinance is Municipal Code Chapter 19.20 [Property Development Standards, Section 19.20.14: Lighting ]. The applicable requirements are stated below: “Exterior lighting shall be energy-efficient and shielded or recessed so that direct glare and reflections are contained within the boundaries of the parcel and shall be directed downward and away from adjoining properties and public rights -of-way. No lighting shall blink, flash, or be of unusually high intensity or brightness. All lighting fixtures shall be appropriate in sc ale, intensity, and height to the use it is serving. Security lighting shall be provided at all entrances/exits.” Mandatory compliance with either the California Green Building Standard Code §5.106 or Municipal Code Chapter 19.20 [Property Development Standards, Section 19.20.14: Lighting ] will ensure that impacts relating to light and glare are less than significant. Glare Glare is related to light trespass and is defined as visual discomfort resulting from high contrast in brightness levels. Because the exterior façades of the residential dwelling units would consi st of non-reflective materials, glare-related impacts are not anticipated. Packet Pg.1234 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.2 Agriculture and Forestry Resources 14 3.2 AGRICULTURE AND FORESTRY RESOURCES Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? ✓ b. Conflict with existing zoning for agricultural use or a Williamson Act contract? ✓ c. Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))? ✓ d. Result in the loss of forest land or conversion of forest land to non-forest use? ✓ e. Involve other changes in the existing environment which, due to their location or nature, could result in the conversion of Farmland to non-agricultural use or conversion of forest land to non-forest use? ✓ 3.2 (a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? Determination: No Impact Source: California Department of Conservation “Farmland Mapping and Monitoring Program. Impact Analysis The Project site does not contain any lands designated as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as mapped by the State Department of Conservation Farmland Mapping and Monitoring Program3. The Project site is classified as “Urban Built-Up Land.” The Project has no potential to convert agriculture lands to non‐agricultural use. 3.2 (b) Conflict with existing zoning for agricultural use or a Williamson Act contract? 3 California Department of Conservation, Farmland Mapping and Monitoring Program, https://www.conservation.ca.gov/dlrp/fmmp Packet Pg.1235 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.2 Agriculture and Forestry Resources 15 Determination: No Impact. Sources: General Plan Land Use Map, Zoning Map. Impact Analysis Agricultural Zoning The Project site is currently zoned CG-1 (Commercial General). The Project proposes a zone change to RM (Residential Medium). The RM zone is intended to promote the development of detached and attached units, duplex, mobile home parks, and small -lot subdivisions as part of a planned residential development4. The RM zone is not considered an agricultural zone. The Project would not conflict with zoning for agricultural use. Williamson Act Pursuant to the California Land Conservation Act of 1965, a Williamson Act Contract enables private landowners to voluntarily enter into contracts with local governments for the purpose of restricting specific parcels of land to agricultural or related open space use. In return, landowners receive lower property tax assessments. According to the California Department of Conservation Division of Land Resource Protection, the Project site is not used for agriculture and is not under a Williamson Act Contract. 3.2 (c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g)? Determination: No Impact. Sources: General Plan Land Use Map, Zoning Map. Impact Analysis The Project site is currently zoned CG-1 (Commercial General). The Project proposes a zone change to RM (Residential Medium). The RM zone is intended to promote the development of detached and attached units, duplex, mobile home parks, and small -lot subdivisions as part of planned residential development5. The RM zone is not considered a forest or timberland zone. The Project site does not contain any forest lands, timberland, or timberland zoned as Timberland Production, nor are any forest lands or timberlands located on or nearby the Project site. Because no lands on the Project site are zoned for forestland or timberland, the Project has no potential to impact forest or timberland. 4 Municipal Code §19.04D. 5 Municipal Code §19.04D. Packet Pg.1236 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.2 Agriculture and Forestry Resources 16 3.2 (d) Result in the loss of forest land or conversion of forest land to non-forest use? Determination: No Impact. Source: Field Survey. Impact Analysis The Project site and surrounding properties do not contain forest lands, are not zoned for forest lands, nor are they identified as having forest resources by the General Plan. Because forest land is not present on the Project site or near the Project site, the Project has no potential to result in the loss of forest land or the conversion of forest land to a non-forest use. 3.2 (e) Involve other changes in the existing environment which, due to their location or nature, could result in the conversion of Farmland to non-agricultural use? Determination: No Impact. Sources: California Department of Conservation, Site Inspection. Impact Analysis The Farmland Mapping and Monitoring Program classifies the Project site as “Urban Built-Up Lands.”6 The Project site consists of vacant undeveloped land that is surrounded by development. In addition, the surrounding land uses are not zoned, planned for, or under agricultural use. Therefore, the project's implementation would not involve changes in the existing environment that would result in the conversion of farmland to non -agricultural use. 6 California Department of Conservation, Farmland Mapping and Monitoring Program, https://www.conservation.ca.gov/dlrp/fmmp Packet Pg.1237 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 17 3.3 AIR QUALITY Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Conflict with or obstruct implementation of the applicable air quality plan? ✓ b. Violate any air quality standard or contribute substantially to an existing or projected air quality violation? ✓ c. Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? ✓ d. Expose sensitive receptors to substantial pollutant concentrations? ✓ e. Create objectionable odors affecting a substantial number of people? ✓ 3.3 (a) Conflict with or obstruct implementation of the applicable air quality plan (South Coast Air Quality Management District)? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis Federal Air Quality Standards Under the Federal Clean Air Act, the Federal Environmental Protection Agency establishes health- based air quality standards that California must achieve. These are called “national (or federal) ambient air quality standards,” and they apply to what is called “criteria pollutants.” Ambient (i.e., surrounding) air quality standards establish a concentration above which a criteria pollutant is known to cause adverse health effects to people. The national ambient air quality standards apply to the following criteria pollutants: • Ozone (8-hour standard) • Respirable Particulate Matter (PM10) • Fine Particulate Matter (PM2.5) • Carbon Monoxide (CO) • Nitrogen Dioxide (NOx) Packet Pg.1238 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 18 • Sulphur Dioxide (SO2), and • Lead. State Air Quality Standards Under the California Clean Air Act, the California Air Resources Board establishes health-based air quality standards that cities and counties must meet. These are called “state ambient air quality standards,” and they apply to the following criteria pollutants: • Ozone (1-hour standard) • Ozone (8-hour standard) • Respirable Particulate Matter (PM10) • Fine Particulate Matter (PM2.5) • Carbon Monoxide (CO) • Nitrogen Dioxide (NOx) • Sulphur Dioxide (SO2), and • Lead Regional Air Quality Standards The City of San Bernardino is located within the South Coast Air Basin, which is under the jurisdiction of the South Coast Air Quality Management District. The District develops plans and regulations designed to achieve the national and state ambient air quality standards described above. Attainment Designation An “attainment” designation for an area signifies that criteria pollutant concentrations did not exceed the established standard. In contrast to attainment, a “nonattainment” designation indicates that pollutant concentration criteria have exceeded the established standard. Table 3 shows the attainment status of criteria pollutants in the South Coast Air Basin. Table 3. Attainment Status of Criteria Pollutants in the South Coast Air Basin. Criteria Pollutant State Designation Federal Designation Ozone – 1-hour standard Nonattainment No Standard Ozone – 8-hour standard Nonattainment Nonattainment Respirable Particulate Matter (PM10) Nonattainment Attainment Fine Particulate Matter (PM2.5) Nonattainment Nonattainment Packet Pg.1239 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 19 Criteria Pollutant State Designation Federal Designation Carbon Monoxide (CO) Attainment Attainment Nitrogen Dioxide (N0x) Attainment Attainment Sulfur Dioxide (SO2) Attainment Attainment Lead Attainment Attainment Source: California Air Resources Board, 2015 Air Quality Management Plan The South Coast Air Quality Management District must produce air quality management plans directing how the South Coast Air Basin’s air quality will be brought into attainment with the national and state ambient air quality standards. The most recent air quality management plan is the 2016 Air Quality Management Plan, and it applies to the City of San Bernardino. The purpose of the 2016 Air Quality Management Plan is to achieve and maintain both the national and state ambient air quality standards described above. To determine if a project is consistent with the 2016 Air Quality Management Plan, the South Coast Air Quality Management District has established consistency criteri a defined in Chapter 12, Sections 12.2 and 12.3 of the South Coast Air Quality Management District’s CEQA Air Quality Handbook and are discussed below. Consistency Criterion No. 1: The proposed project will not result in an increase in the frequency or severity of existing air quality violations or cause or contribute to new violations or delay the timely attainment of air quality standards or the interim emissions reductions specified in the 2016 Air Quality Management Plan. Consistency Criterion No. 1 refe rs to violations of the California Ambient Air Quality Standards and National Ambient Air Quality Standards. As evaluated under Issues 3.3 (b), (c), and (d) below, the air emissions from construction or operation would not exceed regional or localized significance thresholds for any criteria pollutant. Accordingly, the Project’s regional and localized emissions would not contribute substantially to an existing or potential future air quality violation or delay attaining air quality standards. Consistency Criterion No. 2: The proposed project will not exceed the 2016 Air Quality Management Plan assumptions. Growth projections from local general plans adopted by cities in the district are provided to the Southern California Association of Governments (SCAG), which develops regional growth forecasts, which are then used to establish future air quality emission forecasts for the AQMP. Packet Pg.1240 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 20 Input from local general plans is only part of the process. The latest jurisdictions’ existing and general plan land use serve as the basis for future year population and household allocations. The following major data sources are considered and used in the development of the growth forecast: ▪ California Department of Finance (DOF) population and household estimates. ▪ California Employment Development Department (EDD) jobs report by industry. ▪ Regional Housing Needs Assessment (RHNA) growth projections for years 2014 through 2021. ▪ 2012 existing land use and General Plans from local jurisdictions. ▪ 2010 Census and the latest American Community Survey (ACS) data; and ▪ 2011 Business Installment data from InfoGroup. The City of San Bernardino’s growth projections used for the preparation of the 2016 AQMP is shown in Table 4, Air Quality Management Plan Growth Assumptions. Table 4. Air Quality Management Plan Growth Assumptions . 2012 Population 2040 Population 2012 Household 2040 Household 2012 Employment 2040 Employment 211,900 257,400 59,300 77,100 88,900 128,900 Source: 2016 RTP/SCS Demographics and Growth Forecast Appendix, Table 11. The General Plan Land Use designation currently assigned to the Project site is C (Commercial). The Project is proposing a General Plan Amendment from C to Multi-Family Residential (MFR). Based on 95 dwelling units, this would directly increase the population by 328 persons, assuming all future residents came from outside the City. According to the California Department of Finance7, the current population (2021) is 216,291. The addition of 328 persons is an increase of 0.15%. This minimal increase in population does not significantly affect the growth projections in the 2016 AQMP. For the reasons stated above, the Project would not increase the frequency or severity of existing air quality violations or cause or contribute to new violations, delay the timely attainment of air quality standards, or the interim emissions reductions specified in the 2016 Air Quality Management Plan. In addition, the Project would not exceed the growth assumptions in the 2016 Air Quality Management Plan. As such, the Project would be consistent with the 2016 Air Quality Management Plan, and impacts would be less than significant, and no mitigation measures are required. 3.3(b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? 7 https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ Packet Pg.1241 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 21 Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis As shown in Table 3 above, the South Coast Air Basin is considered to be in “non-attainment” status for several criteria pollutants. The SCAQMD has developed regional and localized significance thresholds for regulated pollutants. Any project in the South Coast Air Basin with daily emissions that exceed any of the indicated regional or localized significance thresholds would be considered to contribute to a projected air quality violation. The Project’s regional and localized air quality impacts are discussed below. Regional Impact Analysis The Project can generate pollutant concentrations during both construction activities and long‐ term operation. The following provides an analysis based on the applicable regional significance thresholds established by the SCAQMD to meet national and state air quality standards shown in Table 4 below. Table 5. South Coast Air Quality Management District Air Quality Regional Significance Thresholds Pollutant Emissions (Construction) (pounds/day) Emissions (Operational) (pounds/day) NOx 100 55 VOC 75 55 PM10 150 150 PM2.5 55 55 SOx 150 150 CO 550 550 Source: South Coast Air Quality Management District CEQA Air Quality Significance Thresholds (2011) Both construction and operational emissions for the Project were estimated by using the California Emissions Estimator Model (CalEEMod), which is a statewide land-use emissions computer model designed to provide a uniform platform for government agencies to quantify potential criteria pollutant emissions associated with both construction and operations from a variety of land use projects. The model can be used for various situations where an air quality analysis is necessary or desirable, such as CEQA documents and authorized by the SCAQMD. Construction Related Impacts Packet Pg.1242 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 22 Short-term criteria pollutant emissions will occur during site grading, building construction, paving, and architectural coating activities. Emissions will occur from the use of equipment, worker, vendor, and hauling trips, and disturbance of onsite soils (fugitive dust). Construction emissions were based on CalEEMod default values for 95 dwelling units “Residential – Single- Family Housing “land use, with a 360-day construction schedule. (See Appendix A: Air Quality and Greenhouse Gas Assessment for more information regarding the construction assumptions used in this analysis). It is a mandatory requirement for all construction activities to comply with several SCAQMD Rules, including: ▪ Rule 403 for controlling fugitive dust, PM 10, and PM2.5 emissions from construction activities. Rule 403 requirements include, but are not limited to, applying water in sufficient quantities to prevent the generation of visible dust plumes, applying soil binders to uncovered areas, reestablishing ground cover as quickly as possible, utilizing a wheel washing system to remove bulk material from tires and vehicle undercarriages before vehicles exit the Project site, covering all trucks hauling soil with a fabric cover and maintaining a freeboard height of 12 inches, and maintaining adequate cover over exposed areas. ▪ Rule 1113 governing the content in architectural coating, paint, thinners, and solvents . ▪ Rule 1186 to reduce the amount of particulate matter entrained in the ambient air due to vehicular travel on paved and unpaved public roads. Compliance with these mandatory rules was accounted for in the estimated maximum daily construction emissions summarized in Table 6, Maximum Daily Peak Construction Emissions (lbs./day) below. Table 6. Maximum Daily Peak Construction Emissions (lbs/day) Maximum Daily Emissions Emissions (pounds per day) NOx VOC CO SOx PM10 PM2.5 28.16 52.27 20.28 0.04 3.88 2.45 Regional Threshold 75 100 550 150 150 55 Exceeds Regional Threshold? NO NO NO NO NO NO Source: Air Quality and GHG Assessment. Emissions resulting from the Project construction would not exceed numerical thresholds established by the SCAQMD, and therefore no mitigation is required. Long-Term Regional Operation Related Impacts Packet Pg.1243 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 23 Long-term criteria air pollutant emissions will result from daily vehicle trips to and from the Project site, outdoor landscape maintenance equipment, and energy demand emissions resulting from the use of electricity and natural gas. The operational emissions of the Project site are summarized in Table 7, Operational Emissions below (Maximum Operational Daily Emissions) below. Table 7. Operational Emissions Maximum Daily Emissions Emissions (pounds per day) NOx VOC CO SOx PM10 PM2.5 5.10 6.91 37.10 0.08 6.78 1.98 Regional Threshold 55 55 550 150 150 55 Exceeds Regional Threshold? NO NO NO NO NO NO Source: Air Quality and GHG Assessment. Emissions resulting from the Project operations would not exceed numerical thresholds established by the SCAQMD, and therefore no mitigation is required. Localized Impact Analysis Although the region may be in attainment for a particular criteria pollutant, localized emissions from construction and operational activities coupled with ambient pollutant levels can cause localized increases in criteria pollutant that exceed national an d/or State air quality standards. The South Coast Air Quality Management District has established Localized Significance Thresholds (LST), developed in response to environmental justice and health concerns raised by the public regarding exposure of individuals to criteria pollutants in local communities. LSTs represent the maximum emissions from a project that will not cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standar d. LST emissions are summarized in able 8, Summary of Localized Significance Emissions on page 24. Packet Pg.1244 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 24 Table 8. Summary of Localized Significance Emissions Emission Source LST Significance Threshold Lbs/Day* Project Emissions (NOX) for Construction 170 20.96 (NOX) for Operation 170 5.10 (CO) for Construction 972 19.89 (CO) for Operation 972 37.10 PM 10 for Construction 7 6.01 PM10 for Operation 4 0.21 PM 2.5 for Construction 5 3.56 PM2.5 for Operation 1 0.21 Source: Air Quality and GHG Assessment, Appendix A. CO Hot Spots CO Hot Spots are typically associated with idling vehicles at extremely busy intersections (i.e., intersections with an excess of 100,000 vehicle trips per day). There are no intersections in the vicinity of the Project site which exceed the 100,000 vehicles per day threshold typically associated with CO Hot Spots. In addition, the South Coast Air Basin has been designated as an attainment area for CO since 2007. Therefore, Project‐related vehicular emissions woul d not create a Hot Spot and would not substantially contribute to an existing or projected CO Hot Spot. Toxic Air Contaminants Project Generated Construction Emissions Diesel particulate matter emissions would be emitted from heavy equipment use and heavy-duty trucks during construction. They would temporarily add to the health risk from diesel particular matter in the Project area. Heavy-duty construction equipment is subject to California Code of Regulations (CCR)§ 2449 General Requirements for In-Use Off-Road Diesel-Fueled Fleets. The purpose of this regulation is to reduce oxides of nitrogen (NOx), diesel particulate matter (PM), and other criteria pollutant emissions from in-use off-road diesel-fueled construction vehicles. The nearest sensitive receptors to the Project site are residences located adjacent to the eastern and southern boundaries of the Project site. As described above for the LST analysis, PM10 (representative of diesel particulate matter, which is a TAC) emissions and exposure would be minimal and below the SCAQMD LSTs. Packet Pg.1245 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 25 In addition, according to the California Environmental Protection Agency's Office of Environmental Health Hazard Assessment, health risks should be based on a 70 -year exposure period for the maximally exposed individual resident; however, such assessments should be limited to the period/duration of activities associated with t he project. Since the proposed Project’s construction activities would only occur over 360 days, the exposure of any proximate individual sensitive receptor to TACs would be limited . TAC emissions would not be expected to result in concentrations causing significant health risks. Project Generated Operational Emissions Operation of the proposed Project would not result in any non-permitted direct emissions (e.g., those from a point source such as diesel generators) or a substantial increase in diesel vehicles (i.e., heavy-duty trucks). As such, the proposed Project would not result in the exposure of the residences to the north of the Project site to substantial TAC concentrations . 3.3(c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis According to the SCAQMD, individual projects that do not generate operational or construction emissions that exceed the SCAQMD’s recommended daily thresholds for project -specific impacts would also not cause a cumulatively considerable increase in emissions for those p ollutants for which the Basin is in nonattainment, and, therefore, would not be considered to have a significant, adverse air quality impact. Alternatively, individual project -related construction and operational emissions that exceed SCAQMD thresholds for project-specific impacts would be considered cumulatively considerable. As discussed in Issue 3.3(b) above, the Project would not exceed the regional or localized significance thresholds for construction or operational activities. The Project will not result in a cumulatively considerable net increase of any criteria pollutant 3.3(d) Expose sensitive receptors to substantial pollutant concentrations? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis Packet Pg.1246 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.3 Air Quality 26 Sensitive receptors (i.e., children, senior citizens, and acutely or chronically ill people) are more susceptible to the effects of air pollution than the general population. Land uses that are considered sensitive receptors typically incl ude residences, schools, playgrounds, childcare centers, hospitals, convalescent homes, and retirement homes. The closest sensitive receptors in the vicinity of the Project site are the single-family residences adjacent to the eastern and southern boundaries of the Project site. As shown in Table 8, Summary of Localized Significance Emissions above under the discussion of Issue 3.3 (b), the Project would not exceed any of the South Coast Air Quality Management District’s Localized Significance Thresholds during near-term construction or long-term operation. In addition, the Project would not create a CO Hot Spot. Accordingly, Project -related localized emissions would not expose sensitive receptors to substantial pollutant concentrations during construction, or long-term operation. 3.3 (e) Create objectionable odors affecting a substantial number of people? Determination: Less Than Significant Impact. Source: CEQA Air Quality Handbook, Project Application Materials. Impact Analysis According to the SCAQMD’s CEQA Air Quality Handbook, land uses associated with odor complaints typically include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The Project does not propose any of the above-described uses. Potential odor sources associated with the proposed Project may result from construction equipment exhaust and the application of asphalt and architectural coatings during construction . The construction odor emissions would be temporary, short -term, and intermittent and would cease upon completion of the respective construction phase and are thus considered less than significant. The Project proposes 95 single-family detached homes and is not the type of use that creates objectionable odors from long-term operations. Packet Pg.1247 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.4 Biological Resources 27 3.4 BIOLOGICAL RESOURCES Would the Project: Potentially Significant Impact Less Than Significant Impact With Mitigation Incorporated Less Than Significant Impact No Impact a. Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ✓ b. Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? ✓ c. Have a substantial adverse effect on federally protected (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? ✓ d. Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? ✓ e. Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? ✓ f. Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? ✓ 3.4(a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fis h and Game or U.S. Fish and Wildlife Service? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: Natural Resource and Habitat Assessment, Appendix B. Packet Pg.1248 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.4 Biological Resources 28 Impact Analysis The approximate 9.9-acre project site is relatively flat at an elevation of roughly 1,227 feet above mean sea level. The site consists primarily of an un-vegetated mowed/disked field. Habitat conditions are extremely marginalized due to surrounding development and associated human disturbance such as multimodal traffic, artificial lighting, pedestrian use, and residential and commercial activities. Vegetation consists of common and nonnative invasive species characteristic of disturbed places such as common fiddle neck (Amsinckia intermedia), cheeseweed mallow (Malva parviflora), and foxtail barley (Hordeum murinum), mustard (Brassica sp.), wild oat (Avena fatua), and bluegum eucalyptus (Eucalyptus globulus). No natural habitat or communities of special concern capable of supporting special status species occur at this location. Wildlife observed at this site includes common raven (Corvus corax), pigeon (Columbidae), and common ground squirrel (Otospermophilus beecheyi). There are CNDDB historic occurrences for special status species within the project site. Species include Parish's bush-mallow (Malacothamnus parishii, CNPS 1A, 1895), Parish's desert-thorn (Lycium parishii, CNPS 2B.3, 1885), and pocketed free-tailed bat (Nyctinomops femorosaccus, SSC, 1985). However, the existing roadway system and surrounding development have altered the natural landscape by introducing nonnative plant species and removing potentially suitable natural habitat for special status, federal, and State listed plant or animal species within the study area. Furthermore, no federally designated critical habitat is found within the study area. Due to the presence of adjacent ornamental shrubs, trees, and undeveloped field s, both common ground and tree nesting migratory birds have the potential to nest in the project site and adjacent areas. Signs of mammal and small rodents occur on site. However, the site does not feature biological or physical features capable of supporting special -status species San Bernardino kangaroo rat (SBKR). SBKR are confined to inland valley scrub communities, particularly along rivers, streams, and drainages. This species requires specialized habitat , including Riversidean Alluvial Sage Scrub habitat and friable soils. Therefore, SBKR is deemed absent from the site. Rodent burrows were observed at the site. However, no signs of burrowing owl [BUOW] were evident. BUOW use burrows dug by California ground squirrel (Spermophilus beecheyi) and round-tailed ground squirrel (Citellus tereticaudus), and other fossorial species. Breeding season for BUOW occurs between February 1 and August 31. All surfaces were searched for signs of burrows, molted feathers, cast pellets, prey remains, and owl whitewash. The Project site is subject to continuous disturbance , which has resulted in habitat degradation. No indicators of BUOW were observed. High levels of habitat disturbance, human activity , and proximity to urbanized development render the site unfavorable for BUOW habitat. Although potential signs of suitable habitat features ma y occur at this site, such as squirrel and rodent Packet Pg.1249 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.4 Biological Resources 29 burrows, the probability for BUOW to occur at this site is considered minimal. Furthermore, there are no CNDDB documented occurrences for BUOW in the study area. However, the BUOW is a mobile species and may occupy the site in the future. To ensure avoidance of potential impacts to BUOW or its respective habitat, a pre -construction clearances survey is required. BIO-1. Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection. A qualified biologist shall conduct a pre-construction presence/absence survey for burrowing owl s within seven days before the commencement of ground -disturbing activities. If active burrowing owl burrows are detected during the breeding season, all work within an appropriate buffer (typically a minimum of 300 feet) of any active burrow will be halted. If there is an active nest at the burrow, work will not proceed within the buffer until that nesting effort is finished. The onsite bio logist will review and verify compliance with these boundaries and will ascertain the nesting effort has been completed. Work can resume in the buffer when no occupied/active burrowing owl burrows are found within the buffer area. If active burrowing owl b urrows are detected outside the breeding season or during the breeding season and its determined nesting activities have not begun (or are complete), then passive and active relocation may be approved following consultation with the City of San Bernardino and California Department of Fish and Wildlife. The installation of one-way doors may be installed as part of a passive relocation program. Burrowing owl burrows shall be excavated with hand tools by a qualified biologist when determined to be unoccupied a nd back filled to ensure that animals do not re-enter the holes/dens. Upon completing the survey and any follow-up construction avoidance management, a report shall be prepared and submitted to the City for mitigation monitoring compliance record keeping. 3.4(b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations , or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Determination: No Impact. Source: Natural Resource and Habitat Assessment, Appendix B. Impact Analysis At the time of the site visit, vegetation was relatively absent from the site due to evidence of recent mowing/disking. The site features nonnative invasive ruderal grasses and herbaceous species. No natural habitat communities occur at this location. 3.4(c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? Determination: No impact. Packet Pg.1250 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.4 Biological Resources 30 Source: Natural Resource and Habitat Assessment, Appendix B. Impact Analysis The USFWS National Wetlands Inventory did not identify any potentially jurisdictional waters in the study area. No jurisdictional waters and no wetland indicator feature (hydric soils, wetland hydrology, hydrophitic vegetation) occur within the development footprint. The project would not impact any Waters of the State or of the U.S. and would not require regulatory water quality permitting (i.e., Regional Water Quality Control Board Section 401 of the Clean Water Act (CWA), U.S. Army Corps of Engineers Section 404 of the CWA, or California Department of Fish and Wildlife (CDFW) Section 1602 Lake and Streambed Alteration Agreement). 3.4(d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with an established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: Natural Resource and Habitat Assessment, Appendix B. Impact Analysis Due to the presence of adjacent ornamental shrubs, trees, and undeveloped field, both common ground and tree nesting migratory birds have the potential to nest in the Project site and adjacent areas. Nesting sites for birds and raptors that are protected under the federal Migratory Bird Treaty Act and/or California Fish and Game Code. The following mitigation measure is required. BIO-2. Pre-Construction Nesting Bird Survey. If project activities cannot avoid the nesting season, generally regarded as February 1 – September 30, then preconstruction nesting bird surveys must be conducted no greater than a minimum of 24 hours or a maximum of 7 days prior to vegetation removal by a qualified biologist to locate and avoid nesting birds. If an active avian nest is located, a CDFW-approved no-construction buffer shall be established and/or monitored by the qualified biologist at their discretion. 3.4(e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? Determination: Less Than Significant Impact. Source: Municipal Code. Impact Analysis Chapter 12.40 of the City’s Municipal Code serves as the City’s Tree Ordinance. The purpose of the Tree Ordinance is to protect street trees and City trees (those located within public places, Packet Pg.1251 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.4 Biological Resources 31 alleys, sidewalks, streets, etc.) from removal and regulate the planting of trees in the public sphere. There are no street trees located in the immediate vicinity. As indicated previously, the only vegetation present on -site consists of ruderal ground cover. As a result, no impacts will result from the proposed Project’s implementation. 3.4(f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? Determination: No Impact. Sources: https://ecos.fws.gov/ecp0/conservationPlan/, https://wildlife.ca.gov/Conservation/Planning/NCCP. Habitat Conservation Plan (HCP) HCPs are planning documents required as part of an application for an incidental take permit. They describe the anticipated effects of the proposed taking , how those impacts will be minimized or mitigated, and how the HCP is to be funded.8 Natural Community Conservation Plan (NCCP) An NCCP identifies and provides for the regional protection of plants, animals, a nd their habitats while allowing the compatible and appropriate economic activity. Working with landowners, environmental organizations, and other interested parties, a local agency oversees the numerous activities that compose the development of an NCCP. CDFW and the U.S. Fish and Wildlife Service provide the necessary support, direction, and guidance to NCCP participants.9 Impact Analysis The Project site is not located within an area covered by an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional , or state habitat conservation plan. As such, there is no impact. 8 https://ecos.fws.gov/ecp0/conservationPlan 9 https://wildlife.ca.gov/Conservation/Planning/NCCP. Packet Pg.1252 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.5 Cultural Resources 31 3.5 CULTURAL RESOURCES Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Cause a substantial adverse change in the significance of a historical resource pursuant to CEQA Guidelines §15064.5? ✓ b. Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5? ✓ c. Disturb any human remains, including those interred outside of formal cemeteries? ✓ 3.5(a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines § 15064.5? Determination: No Impact. Source: Field Inspection, General Plan. Impact Analysis Historic resources generally consist of buildings, structures, improvements, and remnants associated with a significant historical event or person(s) and/or have a historically significant style, design, or achievement. Damaging or demolition of historic resources is typically considered a significant impact. Impacts to historic resources can occur through direct impacts, such as destruction or removal, and indirect impacts, such as a change in the setting of a historic resource. CEQA Guidelines §15064.5(a) clarifies that historical resources include the following: 1. A resource listed in or determined to be eligible by the State H istorical Resources Commission for listing in the California Register of Historical Resources. 2. A resource included in a local register of historical resources, as defined in section 5020.1(k) of the Public Resources Code or identified as significant in a historical resource survey meeting the requirements [of] section 5024.1(g) of the Public Resources Code. 3. Any object, building, structure, site, area, place, record, or manuscript which a lead agency determines to be historically significant or signi ficant in the architectural, engineering, scientific, economic, agricultural, educational, social, political, military, or cultural annals of California. Packet Pg.1253 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.5 Cultural Resources 32 A data review was conducted of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), and documents and inventories from the California Office of Historic Preservation (OHP), including the lists of California Historical Landmarks, California Points of Historical Interest, listing of NRHP P roperties, and the Inventory of Historic Structures. The structures are not identified on any of these lists.10 In addition, the City conducted a Historic Resources Reconnaissance Survey in 1991, which is considered a local register of historic resources under state law. A “local register of historic resources” is broadly defined in §5020.1 (k) as “a list of properties officially designated or recognized as historically significant by a local gove rnment pursuant to a local ordinance or resolution.” Local registers of historic properties come essentially in two forms: (1) surveys of historic resources conducted by a local agency in accordance with Office of Historic Preservation procedures and standards, adopted by the local agency and maintained as current, and (2) landmarks designated under local ordinances or resolutions. (Public Resources Code §§ 5024.1, 21804.1, 15064.5). The Historic Resources Reconnaissance Survey provides for the most complete overview of historically significant properties and neighborhoods within the City that were considered historically sensitive at the time of its adoption. It forms the single most important resource to the City for historic preservation planning. The property is not identified as a historic resource based on the survey. 3.5(b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines § 15064.5? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: Cultural Resource Technical Report for the San Bernardino Countywide Plan. Impact Analysis The Project site is located within the Valley Region of San Bernardino County. As part of the County of San Bernardino Countywide Plan adoption process in 2019, the unincorporated areas in the vicinity of the Project site were researched for the potential to yield archaeological resources. It was found that archaeological sites are less common in the Valley Region than in the other regions. Historic archaeological resources present in the Valley Region include largely structural ruins and water control features and systems.11 However, archaeological resources can be found below ground, and intact deposits could be present below the level of historic and modern disturbance. As such, development of the Project site has the potential to affect buried archaeological resources through ground-disturbing construction activities. 10 OHP Tools, https://ohp.parks.ca.gov/?page_id=27959 11 Cultural Resource Technical Report for the San Bernardino Countywide Plan p.34. Packet Pg.1254 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.5 Cultural Resources 33 Based on the analysis above, there is the possibility that sub-surface archaeological resources may be encountered at deeper levels during grading. The following mitigation measure is required. CR-1. Cultural Resources Discovery . If cultural resources are discovered during project activities, all work in the immediate vicinity of the find (within a 60 -foot buffer) shall cease, and a qualified archaeologist meeting Secretary of Interior standards shall be hired to assess the discovery. Work on the other portions of the project outside the buffered area may continue during this assessment period. Additionally, the San Manuel Band of Mission Indians Cultural Resources Department (SMBMI) shall be contacted regarding any pre -contact finds and be provided information after the archaeologist makes his/her initial assessment of the nature of the discovery, to provide Tribal input with regards to significance and treatment. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan in coordination with SMBMI, the drafts of which shall be provided to SMBMI for review and comment. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. 3.5(c) Disturb any human remains, including those interred outside of formal cemeteries? Determination: Less Than Significant Impact. Source: Field Inspection, California Health and Safety Code §7050.5 and Public Resources Code §5097 et. seq. Impact Analysis The site is not part of a cemetery. Nevertheless, the remote potential exists that human remains may be unearthed during grading and excavation activities associated with Project construction. If human remains are discovered during Project grading or other ground-disturbing activities, the Project would be required to comply with the applicable provisions of California Health and Safety Code §7050.5 and Public Resources Code §5097 et. seq. California Health and Safety Code Section 7050.5 states that no further disturbance shall occur until the County Coroner has made the necessary findings as to origin. Pursuant to California Public Reso urces Code §5097.98(b), remains shall be left in place and free from disturbance until a final decision as to the treatment and disposition has been made by the Coroner. If the Coroner determines the remains to be Native American, the California Native American Heritage Commission (NAHC) must be contacted, and the NAHC must then immediately notify the “most likely descendant(s)” of receiving notification of the discovery. The most likely descendant(s) shall then make recommendations within 48 hours and engage in consultations concerning the treatment of the remains as provided in Public Resources Code Section 5097.98. Packet Pg.1255 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.6 Energy Resources 34 3.6 ENERGY Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? ✓ b. Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? ✓ 3.6(a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources during project construction or operation? Determination: Less Than Significant Impact. Source: Air Quality and GHG Assessment (Appendix A). Impact Analysis Short-Term Construction Impacts Construction of the Project would require construction equipment for grading, hauling, and building activities. Electricity use during construction would vary during different phases of construction—most of the construction equipment during grading would be gas or diesel - powered, and the later construction phases would require electricity -powered equipment, such as for interior construction and architectural coatings. Construction contractors are required to comply with applicable California Air Resources Board (CARB) regulations governing the accelerated retrofitting, repowering, or replacement of heavy - duty diesel on- and off-road equipment. In addition, compliance with existing C ARB idling restrictions and the use of newer engines and equipment would reduce fuel combus tion and energy consumption. Overall, construction activities would require limited energy consumption on a short-term basis, would comply with all existing regulations, and would therefore not be expected to use large amounts of energy or fuel in a wasteful manner. Long-Term Operational Impacts Operation of the Project would create additional demands for electricity and natural gas compared to existing conditions and would result in increased energy use. Packet Pg.1256 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.6 Energy Resources 35 The Project involves the construction of 95 detached single-family dwellings. Electrical power to the Project site is provided by Southern California Edison (SCE) Company. Natural gas service is provided by the Southern California Gas Company (SCG). Table 9, Estimated Annual Energy Consumption below provides an estimate of electrical and natural gas consumption upon the Project's build-out. Table 9. Estimated Annual Energy Consumption Energy Source Annual Consumption Electricity 1,067,643 kWh/yr Natural Gas 3.790 kBTU/yr Source: CalEEMod Outputs (Appendix A). According to the California Energy Commission (Electricity Consumption by County, 2020), San Bernardino County consumed approximately 6102.925598 million gigawatt‐hours (GWh).12 The proposed Project would be less than 0.001 percent of San Bernardino County’s total electricity demand. According to the California Energy Commission (Natural Gas Consumption by County, 2020), San Bernardino County consumed approximately 267.362800 million of therms of natural gas13. The Project would be less than 0.001 percent of San Bernardino County’s total natural gas demand. Additionally, the 2019 California Code of Regulations (CCR) Title 24, Part 11: California Green Building Standards (Title 24) reduces GHG emissions associated with energy consumption. Title 24 now requires that new buildings minimize water consumption, employ building commissioning to increase building system efficiencies, divert construction waste from landfills, and install low pollutant‐emitting finish materials. The proposed Project will conform to all applicable energy conservation requirements. 3.6(b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? Determination: Less Than Significant Impact. Source: California Energy Commission Impact Analysis The California Title 24 Building Energy Efficiency Standards are designed to ensure new and existing buildings achieve energy efficiency and preserve outdoor and indoor environmental quality. These measures (Title 24, Part 6) are listed in California Code of Regulations. The California Energy Commission is responsible for adopting, 12 https://ecdms.energy.ca.gov/elecbycounty.aspx 13 https://ecdms.energy.ca.gov/gasbycounty.aspx Packet Pg.1257 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.6 Energy Resources 36 implementing, and updating building energy efficiency. Local city and county enforcement agencies have the authority to verify compliance with applicable building codes, including energy efficiency. The Project must comply with the California Title 24 Building Energy Efficiency Standards. As such, the Project will not conflict with or obstruct a state or local plan for renewable energy or energy efficiency Packet Pg.1258 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.7 Geology and Soils 37 3.7 GEOLOGY AND SOILS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving : 1) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map Issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ✓ 2) Strong seismic ground shaking? ✓ 3) Seismic-related ground failure, including liquefaction? ✓ 4) Landslides? ✓ b. Result in substantial soil erosion or the loss of topsoil? ✓ c. Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the Project, and potentially result in an on-site or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? ✓ d. Be located on expansive soil, as defined in the Uniform Building Code, creating substantial risks to life or property? ✓ e. Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? ✓ f. Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? ✓ 3.7 (a) (1) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Determination: Less Than Significant Impact. Source: Geotechnical and Infiltration Evaluation (Appendix C). Packet Pg.1259 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.7 Geology and Soils 38 Impact Analysis The Alquist-Priolo Earthquake, Fault Zone Act intends to denote properties within Earthquake Fault Zones, where fault studies would be required to assure that certain habitable structures are not constructed across traces of active faults. The site is not situated within a designated “Alquist- Priolo” Earthquake Fault Zone. The nearest zoned fault is the San Andreas fault zone, located about 0.4 mile to the northeast. 3.7 (a) (2) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Strong seismic ground shaking? Determination: Less Than Significant Impact. Source: Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis Given the site’s proximity to an active fault zone, the Project would be required to construct the proposed structures per the California Building Code (CBC). The City’s Building and Safety Division would review the building plans through building plan checks, issuance of a building permit, and inspection of the building during construction, ensuring that all required CBC seismic safety measures are incorporated into the structures. Compliance with the CBC as verified by the City’s review process would reduce impacts related to strong seismic ground shaking. 3.7 (a) (3) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Seismic-related ground failure, including liquefaction? Determination: No Impact. Sources: EQ Zapp, Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis Liquefaction is caused by seismic ground shaking of relatively loose, granular soils that are saturated or submerged, which causes soils to liquefy and temporarily behave like a dense fluid. According to the California Earthquake Hazards Zone Application ("EQ Zapp"),14, and General Plan Safety Element, Figure S-5, Liquefaction Susceptibility, the Project site is not located in a Liquefaction Hazard Zone. In addition, Geotechnical and Infiltration Evaluation (Appendix C) estimated ground water is more than one-hundred fifty feet below the surface. The potential for liquefaction to affect structures at the site is very low. 14 https://maps.conservation.ca.gov/cgs/EQZApp/app/ Packet Pg.1260 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.7 Geology and Soils 39 Notwithstanding, compliance with the mandatory requirements of the California Building Code as part of the building plan check process will ensure there are no risks associated with liquefaction. 3.7 (a) (4) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: Landslides? Determination: No Impact. Source: EQ Zapp, Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis According to the California Earthquake Hazards Zone Application ("EQ Zapp"), 15 and General Plan Safety Element, Figure S-7, Slope Stability and Major Landslides, the Project site is not located in a Landslide Hazard Zone. The Project site is relatively flat and contains no slopes subject to landslides. 3.7(b) Result in substantial soil erosion or the loss of topsoil? Determination: Less Than Significant Impact. Source: National Pollution Discharge Elimination System. Impact Analysis The National Pollutant Discharge Elimination System (NPDES) establishes minimum stormwater management requirements and controls that are required to be implemented for development construction and operational activities within the City. Construction Construction of the Project has the potential to contribute to soil erosion and the loss of topsoil. Grading and excavation activities required for the project's development will expose and loosen topsoil, which could be eroded by wind or water. As required by Municipal Code §8.80.502. General Permit for Storm Water Discharges from Construction Activity, which requires preparation of a Storm Water Pollution Prevention Plan (SWPPP) per state requirements. Prior to obtaining any City-issued grading and/or construction permits, the developer/owner shall provide evidence of compliance with the General Construction Permit by providing a copy of the Waste Discharger’s Identification Number (WDID) to the City’s Development Services Department. Through mandatory compliance of Municipal Code §8.80.502, construction impacts related to erosion and loss of topsoil would be less than significant. Operation The entire site will be developed and areas of loose topsoil that could erode by wind or water 15 https://maps.conservation.ca.gov/cgs/EQZApp/app/ Packet Pg.1261 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.7 Geology and Soils 40 would not exist after construction is completed. In addition, as described in Section 3.9, Hydrology and Water Quality, the hydrologic features of the Project have been designed to slow, filter, and retain stormwater on the development site, which would also reduce the potential for stormwater to erode topsoil. Furthermore, as required by Municipal Code § 8.80. 505. Best Management Practices, all construction projects which could potentially have an adverse impact on the City’s storm water drainage system or waters of the state shall install and/or implement appropriate construction and post-construction BMPs, as listed in their SWQMP or the “California Storm Water Best Management Practice Handbook,” to reduce pollutants to the maximum extent practicable or the extent required by law. Through mandatory compliance of Municipal Code §8.80.505, construction impacts related to erosion and loss of topsoil would be less than significant. 3.7(c) Be located on a geologic unit or soil that is unstable, or that would become unstable because of the Project, and potentially result in an on-or offsite landslide, lateral spreading, subsidence, liquefaction, or collapse? Determination: No Impact. Sources: EQ Zapp), Geotechnical and Infiltration Evaluation (Appendix C), General Plan Safety Element. Impact Analysis Landslide As noted in response to Issue 3.7 (a) (4) above, the Project site is relatively flat and contains no slopes that may be subject to landslides. Therefore, the site is not considered susceptible to landslides Lateral Spreading Lateral spreading refers to landslides that commonly form on gentle slopes and have rapid fluid- like flow horizontal movement. Earthquakes cause most lateral spreading, but it is also caused by landslides. As noted in response to Issue 3.7 (a) (4) above, the Project site is relatively flat and contains no slopes that may be subject to landslides. Therefore, the Project site is not considered susceptible to lateral spreading. Subsidence/ Collapse According to General Plan Safety Element Figure S-6, Potential Subsidence Areas, the Project site is not subject to subsidence. In addition, the degree of subsidence is dependent on groundwater levels. According to the Geotechnical and Infiltration Evaluation (Appendix C), groundwater depth is more than one-hundred fifty feet. Liquefaction Packet Pg.1262 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.7 Geology and Soils 41 According to the City’s General Plan Safety Element Figure S-5, Liquefaction Susceptibility, the Project site is not designated as an area susceptible to liquefaction. In addition, the degree of liquefaction is dependent on the groundwater level. According to the Geotechnical and Infiltration Evaluation (Appendix C), groundwater depth is approximately one-hundred fifty feet below the surface. Notwithstanding, compliance with the mandatory requirements of the California Building Code would ensure that there are no risks from landslides, lateral spreading, subsidence, collapse, or liquefaction. 3.7 (d) Be located on expansive soil, as defined in the Uniform Building Code, creating substantial risks to life or property? Determination: No Impact. Source: Geotechnical and Infiltration Evaluation (Appendix C). Impact Analysis Expansive soils undergo volume changes as moisture content fluctuates , swelling substantially when wet or shrinking when dry. Soil expansion can damage structures by cracking foundations, causing settlement, and distorting structural elements. The soils have an Expansion Index of one, defined as “Very Low” based on Soil Expansion Potential (ASTM D-4829).16 Notwithstanding, compliance with the California Building Standards Code would ensure that there are no risks from expansive soils. 3.7(e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? Determination: No Impact. Source: Project Application Materials. Impact Analysis The Project does not propose septic tanks or alternative wastewater disposal systems. The Project will install domestic sewer infrastructure and connect to San Bernardino’s existing sewer conveyance and treatment system. 16 https://www.astm.org/d4829-21.html Packet Pg.1263 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.7 Geology and Soils 42 3.7(f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: General Plan. Impact Analysis Paleontological Resources Paleontological resources are the preserved fossilized remains of plants and animals. The site is underlain by Younger and Very Old Alluvial Valley Deposits of Holocene and late Pleistocene ages, respectively. Younger Quaternary deposits are unlikely to contain significant vertebrate fossils in the uppermost layers, but at relatively shallow depths ranging from six to eight feet , there may be older Quaternary deposits that contain significant fossil vertebrate remains. Excavations in these older Quaternary deposits may potentially impact paleontological resources. The following mitigation measures are required. Mitigation Measure (MM) GEO-1: Paleontological Monitoring. The Project Proponent shall retain a qualified paleontologist (the “Project Paleontologist”) prior to the issuance of a grading permit. The Project Paleontologist will be on-call to monitor ground-disturbing activities and excavations ground-disturbing activities if excavation depth exceeds approximately 5-10 feet below surface grade on the Project site. If paleontological resources are encountered during the project's implementation, ground- disturbing activities will be temporarily redirected from the vicinity of the find. The Project Paleontologist will be allowed to temporarily divert or redirect grading or excavation activities in the vicinity to make an evaluation of the discovery. If the resource is significant, Mitigation Measure GEO-2 shall apply. GEO-2: Paleontological Treatment Plan. If a significant paleontological resource(s) is discovered on the property, in consultation with the Project Proponent and the City, the qualified paleontologist shall develop a plan of mitigation which shall include salvage excavation and removal of the find, removal of sediment from around the specimen (in the laboratory), research to identify and categorize the discovery, curation in the find a qualified local repository, and preparation of a report summarizing the find. Unique Geologic Feature Unique geologic features are those that are unique to the field of Geology. Unique geologic features are not common in San Bernardino. The geologic processes that formed the landforms in San Bernardino are generally the same as those in other parts of the state. What makes a geologic unit or feature unique can vary considerably. A geologic feature is unique if it: Packet Pg.1264 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.7 Geology and Soils 43 • Is the best example of its kind locally or regionally. • Embodies the distinctive characteristics of a geologic principle that is exclusive locally or regionally. • Provides a key piece of geologic information important in geology or geologic history. • Is a “type locality” (the locality where a particular rock type, stratigraphic unit , or mineral species is first identified) of a geologic feature. • Is a geologic formation that is exclusive locally or regionally. • Contains a mineral that is not known to occur elsewhere in the City; or • Is used repeatedly as a teaching tool. The Project site is relatively flat. The site is underlain by Younger and Very Old Alluvial Valley Deposits of Holocene and late Pleistocene ages, respectively. These features are common in the regions and are not considered “unique.” Packet Pg.1265 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.8 Greenhouse Gas Emissions 44 3.8 GREENHOUSE GAS EMISSIONS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? ✓ b. Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases? ✓ 3.8(a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? Source: Air Quality and GHG Assessment (Appendix A). No single land-use project could generate enough greenhouse gas (GHG) emissions to noticeably change the global average temperature. Cumulative GHG emissions, however, contribute to global climate change and its significant adverse environmental impacts. Thus, the primar y goal in adopting GHG significance thresholds, analytical methodologies, and mitigation measures is to ensure new land use development provides its fair share of the GHG reductions needed to address cumulative environmental impacts from those emissions. SCAQMD formed a GHG California Environmental Quality Act (CEQA) Significance Threshold Working Group to guide local lead agencies on determining the significance of GHG emissions in their CEQA documents. As of the last Working Group meeting (Meeting 15) held in September 2010, the SCAQMD proposes adopting a tiered approach for evaluating GHG emissions for development projects where SCAQMD is not the lead agency. Although a final numerical threshold for determining the significance of greenhouse gas emissions in the South Coast Air Basin has not been established by the SCAQMD, they propose a screening threshold of 3,000 MTCO2e for non-industrial projects. SCAQMD concluded that projects with emissions less than the screening threshold would not have a significant cumulative impact. A summary of the Project’s projected annual operational greenhouse gas emissions, including amortized construction‐related emissions, is shown in Table 10, Total Project Greenhouse Gas Emissions . Packet Pg.1266 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.8 Greenhouse Gas Emissions 45 Table 10. Total Project Greenhouse Gas Emissions Source GHG Emissions MT/yr N2O CO2 CH4 CO2e Mobile Sources 0.045 1,022.29 0.066 1,037.30 Area 0.00 20.99 0.019 21.14 Energy 0.004 277.59 0.014 279.13 Solid Waste 0.000 22.645 1.34 56.10 Water/Wastewater 0.005 23.95 0.20 30.52 30-year Amortized Construction GHG 12.15 TOTAL 1,436.34 SCAQMD Threshold 3,000 Exceed Threshold? NO Because the Project would emit GHG emissions of less than 3,000 MTCO2e per year, the Project is not considered a substantial GHG emitter. 3.8(b) Conflict with an applicable plan, policy, or regulation adopted to reduce greenhouse gas emissions? Determination: Less Than Significant Impact. Sources: CARB Scoping Plan, Connect SoCal, Municipal Code. Impact Analysis Determining a project’s consistency with plans, policies, or regulations adopted to reduce greenhouse gas (GHG) emissions plans presents unique challenges because the impact is global, and solutions require global, federal, state, and local action. Project GHG Emissions As shown in Table 10, Total Project Greenhouse Gas Emissions (CO2e) above, individually, the Project is not considered a substantial GHG emitter. However, individual projects contribute to the cumulative effects of climate change by directly or indirectly emitting GHGs during construction and operational phases. Direct operationa l emissions include GHG emissions from new vehicle trips and area sources (natural gas combustion). Indirect emissions include emissions from electricity providers, energy required to pump, treat, and convey water, and emissions associated with waste removal, disposal, and landfill operations. The proposed Project would increase the intensity of use of the site by constructing 95 dwelling units on a Project site that is currently undeveloped. Therefore, the proposed Project would incrementally contribute to annual long-term increases in GHGs as a result of increased vehicle trips (mobile sources) and residential operations that result in an increase in energy use, water use, wastewater treatment, Packet Pg.1267 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.8 Greenhouse Gas Emissions 46 and solid waste disposal. Construction activities would also result in temporary increases in GHG emissions. The California Air Resources Board (CARB) Scoping Plan The Scoping Plan is the state’s overall strategy in the form of measures that apply to emission sectors that comprise the state’s greenhouse gas emission inventory. The state’s implementation strategy primarily takes source-specific regulations for energy producers, fuel suppliers, and vehicle manufacturers—for example, California Light-Duty Vehicle GHG Standards and Low Carbon Fuel Standard. The Scoping Plan envisions a limited role for local government in implementing the state’s GHG reduction strategy, focusing on local government’s authority over land use and some transportation projects. The Scoping Plan is not directly applicable to specific projects, and it is not intended to be used for project-level evaluations.17 Generally, development projects are considered consistent with the Scoping Plan if they are compatible with the general intent of the plan and would not preclude the attainment of its primary goals. To implement the Scoping Plan at a local level, a partnership led by the San Bernardino County Transportation Authority (SBCTA) adopted the San Bernardino County Regional Greenhouse Gas Reduction Plan in March 2021. The Plan will serve as the basis for cities in the County to develop more detailed community -level climate action plans (CAP). Although the City of San Bernardino has not adopted a local climate action plan, the City of San Bernardino selected a suggested goal to reduce community GHG emissions to a level that is 40% below its 2016 GHG emissions level by 2030. The City will meet and exceed this goal subject to reduction measures that are technologically feasible and cost -effective through a combination of state (~75%) and local (~25%) efforts. The Pavley vehicle standards, the state’s low carbon fuel standard, the Renewable Portfolio Standard, and other state measures will reduce GHG emissions in San Bernardino’s on -road, solid waste, and building energy sectors in 2030. Connect SoCal – The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy The Southern California Association of Governments (SCAG) has adopted the Connect SoCal – The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy, which supports the State's climate action goals to reduce greenhouse gas (GHG) emissions through coordinated transportation and land use planning with the goal of more sustainable communities. Connect SoCal sets forth a forecasted regional development pattern which, when integrated with the transportation network, measures, and policies, will reduce greenhouse gas emissions from automobiles and light duty trucks . Connect SoCal is intended to provide a regional land use policy framework that local governments may consider and build upon. An individual land use development project, such as the proposed Project, can be found to be 17 The Final Statement of Reasons for the amendments to the CEQA Guidelines reiterates the statement in the Initial Statement of Reasons that “[t]he Scoping Plan may not be appropriate for use in determining the significan ce of individual projects because it is conceptual at this stage and relies on the future development of regulations to implement the strategies identified in the Scoping Plan” (CNRA 2 009). Packet Pg.1268 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.8 Greenhouse Gas Emissions 47 consistent with Connect SoCal if the project does not conflict with the growth patterns assumed in the plan. In preparing The SCAG region is diverse and extensive, and the types and classifications of land use used by one jurisdiction often differ from those used by another. The result is that there are many different land-use types and categories that SCAG must organize for its analyses. Given the number of square miles the SCAG region encompasses, SCAG developed a simplified series of Land Development Categories (LDCs) to represent the dominant themes taken from the region’s many General Plans. This was created to facilitate regional modeling of land use information from nearly 200 distinct jurisdictions. The LDCs employed in Connect SoCal is not intended to represent detailed land-use policies but are used to describe the general conditions likely to occur within a specific area if recently emerging trends, such as transit- oriented development, were to continue in concert with the implementation of Connect SoCal. SCAG classified the Place Types into three LDCs. The agency used these categories to describe the general conditions and are likely to exist within a specific area. They reflect the varied conditions of buildings and roadways, transportation options, and t he mix of housing and employment throughout the region. The three LDCs that SCAG used are: 1. Urban: These areas are often found within and directly adjacent to moderate and high-density urban centers. Nearly all urban growth in these areas would be consi dered infill or redevelopment. 2. Compact: These areas are less dense than those in the Urban LDC, but they are highly walkable with a rich mix of retail, commercial, residential, and civic uses. These areas are most likely to occur as a new growth on the urban edge or as large-scale redevelopment. 3. Standard: These areas comprise most separate-use, auto-oriented developments that have characterized the American suburban landscape for decades. Densities in these areas tend to be lower than those in the Compact LDC, and they are generally not highly mixed. Medium- and larger-lot single-family homes comprise the majority of this development form. Standard areas are not typically well served by regional transit service, and most trips are made by automobile. According to Exhibit 32, Forecasted Regional Development Types by Land Development Categories (2040)-San Bernardino County, San Bernardino is within the Standard LDC.18 The Project is proposing a zone change from commercial to residential. This change does not result in a change to the LDC assigned to the City because of its size (9.9 acres) and land-use intensity (95dwelling units), would not result in the area being reclassified to the Urban or Compact LDC. In addition, Connect SoCal is not the type of plan that is directly applicable to land development projects. The Project would not conflict with or impede the implementation of Connect SoCal for the following reasons: 18 https://planning.lacity.org/odocument/2a7e374a-5c53-4db8-8ea1-a75f12a73b31/Appendix_L_SCAGs_2016- 2040_RTP_SCS_Background_Documentation.pdf Packet Pg.1269 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.8 Greenhouse Gas Emissions 48 ▪ The Project is located adjacent to Highland Avenue, which is a primary transportation corridor and in close proximity via walking, bicycle, and transit to work, commercial uses, educational and other destinations in the area. ▪ The Project is an infill development on underutilized land that is well served by regional and local transit services. ▪ The Project promotes diverse housing choices by developing smaller lots which tend to consume less water and energy. Municipal Code In addition, the Project is subject to the following Municipal Code requirements, which will assist in meeting compliance with the State’s GHG emission reduction goals consistent with applicable plans, policies, or regulations adopted to reduce the emissions of greenhouse gases: Energy Efficiency: As required by Municipal Code §15.04.020. B. (6), California Energy Code, before issuing a building permit, the Project Applicant shall submit plans showing that the Project will be constructed in compliance with this section. Green Buildings: As required by Municipal Code §15.05. 020. B (9), California Green Building Standards Code, before issuing a building permit, the Project proponent shall submit plans in compliance with this code section. Water Conservation: The Project will comply with Municipal Code §19.28.120, Water Efficient Landscaping Standards. Solid Waste Reduction: The Project shall comply with §4.408 of the 2013 California Green Building Code Standards, which requires new development projects to submit and implement a construction waste management plan to reduce the amount of construction waste transported to landfills. In conclusion, the Project would not conflict with an applicable plan, policy, or regulation adopted to reduce greenhouse gas emissions. Packet Pg.1270 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.9 Hazards and Hazardous Materials 49 3.9 HAZARDS AND HAZARDOUS MATERIALS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? ✓ b. Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? ✓ c. Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? ✓ d. Be located on a site, which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5, and, as a result, would it create a significant hazard to the public or the environment? ✓ e. For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area? ✓ f. Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? ✓ g. Expose people or structures, either directly or indirectly, to a significant risk of loss, injury, or death involving wildland fires, ✓ 3.9(a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal of hazardous materials? 3.9(b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident co nditions involving the release of hazardous materials into the environment? Determination: Less than Significant Impact. Source: EPA, DOT, Project Application Materials. The Project site consists primarily of an un-vegetated mowed/disked field that has been disturbed because of associated human disturbance. Based on aerial photographs, a research of historical building permit records, and County of San Bernardino Tax Collector property records, Packet Pg.1271 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.9 Hazards and Hazardous Materials 50 the site has not been used for any activity or use that generates a substantial amount of hazardous materials such as dry-cleaning plants, motor vehicle repair and servicing facilities, freight terminals, or industrial manufacturing or service facilities (i.e. furniture, textiles, plastics, printing, leather, laboratories). 3.9(b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? Construction Activities Heavy equipment used during the construction of the Project would be fueled and maintained by substances such as oil, diesel fuel, gasoline, hydraulic fluid, and other liquid materials that would be considered hazardous if improperly stored or handled. In addition, materials such as paints, roofing materials, solv ents, and other substances typically used in building construction would be located on the Project site during construction. Construction contractors are required to comply with all applicable federal, state, and local laws and regulations regarding hazar dous materials, including but not limited to requirements imposed by the Environmental Protection Agency, California Department of Toxic Substances Control, South Coast Air Quality Management District, and the Santa Ana Regional Water Quality Control Board. Operational Activities The Project site would be developed with residential land uses, which is not typically associated with the potential to release hazardous materials. Although residential land uses may utilize household products that contain toxic substances, such as cleansers, paints, adhesives, and solvents, these products are usually in low concentration and minor in amount. They would not pose a significant risk to humans or the environment during use at the Project site. According to State law and local regulations, residents would be required to dispose of household hazardous waste (e.g., batteries, used oil, old paint) at a permitted household hazardous waste collection facility. Accordingly, the Project would not expose people or the environment to significant hazards associated with the disposal of hazardous materials at the Project site. The long-term operation of the Project would not expose the public or the environment to significant hazards associated with the release of hazardous materials. 3.9(c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? Determination: Less Than Significant Impact. Sources: Project Application Materials, Google Earth. Impact Analysis Packet Pg.1272 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.9 Hazards and Hazardous Materials 51 The Project site is not within 0.25 miles of a school. The nearest schools are Howard Ingram Elementary School located 0.1 miles south, Manuel A. Salinas Elementary School located 0.3 miles northwest , ,and Martin Luther King Middle School located 0.7 miles south. The Project site would be developed with residential land uses, which are not associated with emitting hazardous emissions or handling hazardous materials. 3.9(d) Be located on a site that is included on a list of hazardous materials sites compiled according to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? Determination: No Impact. Sources: DTSC's Hazardous Waste and Substances Site List - Site Cleanup (Cortese List) Impact Analysis The Hazardous Waste and Substances Sites (Cortese) List is a planning document used by the State and local agencies to comply with the California Environmental Quality Act requirements in providing information about the location of hazardous materials release sites according to Government Code Section 65962.5. Below are the data resources that provide information regarding the facilities or sites that meet the “Cortese List” requirements. • List of Hazardous Waste and Substances sites from Department of Toxic Substances Control (DTSC) EnviroStor database. • List of Leaking Underground Storage Tank Sites from the State Water Board’s GeoTracker database. • List of solid waste disposal sites identified by the Water Board with waste constituents above hazardous waste levels outside the waste management unit. • List of “active” CDO and CAO from Water Board. • List of hazardous waste facilities subject to corrective action according to Section 25187.5 of the Health and Safety Code, identified by DTSC. Based on a review of the Cortese List maintained by the California Environmental Protection Agency website at https://calepa.ca.gov/SiteCleanup/CorteseList/ on October 1, 2021, the Project site is not identified on the list of hazardous materials sites compiled according to Government Code Section 65962.5. Packet Pg.1273 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.9 Hazards and Hazardous Materials 52 3.9(e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project result in a safety hazard or excessive noise for people residing or working in the Project area? Determination: No Impact. Source: Municipal Code, San Bernardino International Airport Authority, San Bernardino International Airport, Airport Layout Plan Narrative Report, November 2010. Impact Analysis The Project site is not within two miles of an airport or within an airport land use plan. The nearest airports are Rialto Municipal Airport, approximately 4 miles west, and the San Bernardino International Airport, approximately five miles southeast of the site. 3.9(g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Determination: No Impact. Sources: General Plan, Project Application Materials. Impact Analysis Emergency access to the Project site is available from Highland Avenue. The Project site does not contain any emergency facilities, nor does it serve as an emergency evacuation route. During construction and long‐term operation, the Project would be required to maintain adequate emergency access for emergency vehicles as required by the City. Furthermore, Highland Avenue abutting the site will be improved in compliance with the City’s roadway standards. As such, the Project would not result in a substantial alteration to the design or capacity of any public road that would impair or interfere with the implementation of evacuation procedures, 3.9 (h) Expose people or structures to a significant risk of loss, injury , or death involving wildland fires? Determination: No Impact. Source: General Plan. Impact Analysis According to General Plan Safety Element Figure S-9- Fire Hazard Areas, the Project site is not within a high fire hazard area. Therefore, the Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires , and no impact would occur. (Also see Issue 3.20, Wildfire). Packet Pg.1274 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 53 3.10 HYDROLOGY AND WATER QUALITY Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? ✓ b. Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? ✓ c. Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would: ✓ (i) Result in substantial erosion or siltation on- or off- site? ✓ (ii) Substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or offsite? ✓ (iii) Create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? ✓ (iv) Impede or redirect flood flows? ✓ d. In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? ✓ e. Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? ✓ 3.9(a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? Determination: Less Than Significant Impact. Sources: Preliminary Drainage Study (Appendix D), Preliminary Water Quality Management Plan (Appendix E). Impact Analysis Construction Impacts Packet Pg.1275 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 54 Construction of the Project would involve clearing, grading, paving, utility installation, building construction, and the installation of landscaping, which would result in the generation of potential water quality pollutants such as silt, debris, chemicals, paints, and other solvents with the potential to affect water quality adversely. As such, short‐term water quality impacts can occur during construction activities in the absence of any protective or avoidance measures. According to the requirements of the Santa Ana Regional Water Quality Control Board and the City of San Bernardino, the Project Proponent will be required to obtain a National Pollutant Discharge Elimination System Municipal Stormwater Permit for construction activities. The National Pollutant Discharge Elimination System permit is required for all Projects that include construction activities, such as clearing, grading, and/or excavation that disturb at least one acre of total land area. Compliance with the National Pollutant Discharge Elimination System permit, and the Santa Ana River Basin Water Quality Control Program involves preparing and implementing a Storm Water Pollution Prevention Plan for construction‐related activities, including grading. The Storm Water Pollution Prevention Plan would specify the Best Management Practices that the Project must implement during construction activiti es to ensure that all potential pollutants of concern are prevented, minimized, and/or otherwise appropriately treated before being discharged from the site. Operational Impacts Storm water pollutants commonly associated with residential land uses include sediment/turbidity, nutrients, trash and debris, oxygen‐demanding substances, organic compounds, bacteria and viruses, oil and grease, and pesticides. The Project will be required to conform with Title 8 of the City of San Bernardino Municipal Code. Title 8 of the City of San Bernardino Municipal Code implements the NPDES and MS4 stormwater runoff requirements. A Preliminary Water Quality Management Plan (PWQMP) has been submitted which will implement the drainage facilities described under Proposed Drainage System on page 56. 3.10(b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? Determination: Less Than Significant Impact. Source: 2020 Upper Santa Ana River Watershed, Regional Urban Water Management Plan, Part 2. Impact Analysis Groundwater Supplies Packet Pg.1276 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 55 The Project site would be served with potable water by the City of San Bernardino Municipal Water Department (SBMWD) which obtains 100 percent of its water from the Bunker Hill Groundwater Basin. The Bunker Hill Groundwater Basin is a managed basin. SBMWD, therefore, can develop additional wells and over-extract groundwater under specified conditions contained in the stipulated judgment. The wells, in general, have provided a stable source of water supply. Water use for the Project was estimated by using the California Emissions Estimator Model (CalEEMod). The model can estimate water usage for analysis in CEQA documents. The Project is estimated to have a water demand of 8.7 million gallons per year (23,835 gallons per day). The Urban Water Management Planning Act19requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan (UWMP) and update its plan once every five years. The Act requires that a UWMP assess water supply reliability by comparing total projected water use with the expected water supply over the next twenty years in five -year increments. The Act also requires an assessment of single-dry years and multiple-dry years. The 2020 Upper Santa Ana River Watershed, Integrated Regional Urban Water Management Plan (UWMP) summarizes the water supply availability as follows: “Under single dry and consecutive dry year conditions, the assessment assumes that demands will increase by as much as 10% due to increased outdoor water use. Although water use may decrease in the later years of a multiple-year drought due to the implementation of conservation measures and drought messaging, the assessment is based on a 10% increase throughout th e 5- year drought to be conservative. As described in Part 1 , Chapter 3, the effects of a local drought are not immediately recognized since the region uses the local groundwater basins to simulate a large reservoir for long-term storage. SBMWD can pump additional groundwater from Bunker Hill Basin to meet total demands in dry years and participates in efforts to replenish the basins with imported and local water through regional recharge programs. As a result, SBMWD’s total groundwater supplies are not reduced in dry years, so 2020 is considered the base year for all year types. Based on the analysis, SBMWD does not anticipate any shortage due to single or consecutive dry years. Even though localized drought conditions should not affect supply, SBMWD participates in several ongoing water conservation measures and regional recharge projects to optimize and SBMWD Part 2 Chapter 8 City of San Bernardino 8 -22 2020 IRUWMP enhance the use and reliability of regional water resources. SBMWD also has a water shortage contingency plan to put into action as appropriate to reduce the demand during critical drought years or other supply emergencies. A summary of the basis of water year data is presented in Table 8 -14. The percent of average supply increases in drought years because SBMWD’s groundwater production will increase to meet an assumed 10% increase in demands.”20 19 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2242 20 https://www.sbmwd.org/DocumentCenter/View/7859/Part-2-Chapter-8_SBMWD_2020-UWMP-Chapter_Final?bidId= p.8-21-22. Packet Pg.1277 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 56 Groundwater Recharge Development of the Project would increase impervious surface coverage on the site , which would reduce the amount of direct infiltration of runoff into the ground. This would have a less than significant impact on groundwater recharge in the Bunker Hill Groundwater Basin areas that are managed for that purpose since those recharge areas do not encompass the Project site. 3.10(c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner that would result in: i) Substantial erosion or siltation on- or off-site? ii) A substantial increase in the rate or amount of surface runoff in a manner that would result in flooding on- or offsite? iii) Exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? iv) A substantial increase in the rate or amount of surface runoff in a manner that would create or contribute runoff water which would impede or redirect flood flows? Determination: Less Than Significant Impact. Sources: Preliminary Hydrology and Hydrology Study (Appendix D), Preliminary Water Quality Management Plan (Appendix E). Impact Analysis i) Substantial Erosion or Siltation On- or Off-site Construction Construction of the Project would involve clearing, grading, paving, utility installation, building construction. As such, short‐term water quality impacts resulting from off-site soil erosion or siltation have the potential to occur during the construction of the Project in the absence of any protective or avoidance measures. According to the Santa Ana Regional Water Quality Control Board and the City of San Bernardino requirements, the Project must obtain a National Pollutant Discharge Elimination System Municipal Stormwater Permit for construction activities. The National Pollutant Discharge Elimination System permit is required for all projects that include construction activities, such as clearing, grading, and/or excavation. Packet Pg.1278 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 57 The required Storm Water Pollution Prevention Plan would specify the Best Management Practices (BMPs) that the Project would be required to implement during construction activities to ensure that off -site soil erosion or siltation are prevented, minimized, and/or otherwise appropriately treated before being discharged from the subject property. Developed Condition The site will be developed with structures, pavement, and landscaping to minimize the amount of soil erosion and siltation. However, according to Title 8 of the City of San Bernardino Municipal Code, a Water Quality Management Plan is required for managing the quality of storm water or urban runoff that flows from a developed site after construction is completed and the facilities or structures are occupied and/or operational. A Water Quality Management Plan describes the Best Management Practices (BMPs) that will be implemented and maintained throughout the life of a project to prevent and minimize water pollution that can be caused by storm water or urban runoff. ii) Substantial Increase the Rate or Amount of Surface Runoff in a Manner Which Would Result in Flooding On- Or Offsite Existing Condition The site is an undeveloped barren area. In the existing condition, the entire property drains via sheet flow to the southwest direction to the side street (Madison St), drain to 20t h Street and conveys to Medical Center Drive via existing curb/gutter, drains to the existing storm drain system (Muscott Storm Drain System, 60” RCP) in Medical Center Dr. and finally drains to the Lytle Creek Wash (Unlined Channel). The storm water was ultimately conveyed to the Santa Ana River (Conc Lined, EHM) Channel via Warm Creek (Conc. Box Channel, EHM). Post-Development Condition The quantity of water draining out from the proposed developed site will remain the same or under existing conditions. Flow generation in the existing and developed condition was calculation as 21.0 CFS & 34.3 CFS. There will be an increase of 13.3 CFS in peak flow which is about 63% of the pre-developed peak flow rate. Building the 7 (Seven) Contech chamber systems at the site that will attenuate the peak flow and retain/infiltrate will decrease the discharge rate of water in developed condition to its existing condition. The proposed storm drain system can mitigate the increase of the 100-year storm runoff, and the proposed development would not have an adverse impact on the existing storm drain system or downstream flood protection. Exceed the Capacity of Existing or Planned Stormwater Drainage Systems or Provide Substantial Additional Sources of Polluted Runoff Packet Pg.1279 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 58 The proposed drainage system includes below surface Contech retention/infiltration chamber systems (7 units) for retention and infiltration, grate inlets with Filter Inserts for pre-treatment, swales, and storm water piping. Impacts are less than significant. Impacts are less than significant. iv) Substantial Increase in the Rate or Amount of Surface Runoff in a Manner Which Would Create, or Contribute Runoff Water Which Would Impede or Redirect Flood Flows According to General Plan Safety Element Figure S-1- 100-Year Flood Plain, the Project site is not located within a 100-Year Floodplain (i.e., land subject to flooding by the 100-year flood or lands within the floodable elevation that has a one percent chance of being equaled or exceeded each year). The Project site is located within a flood zone per FEMA National Flood Hazard Map 060281, September 2, 2016, and is not subject to flooding. The Project will not impede or redirect flood flows. 3.10(d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? Determination: Less Than Significant Impact. Source: General Plan Figure S-1,100 Year Flood Plain. Impact Analysis Flood Hazard Zone According to General Plan Figure S-1, 100 Year Flood Plain, the Project site is not located within a flood hazard zone. Tsunami inundation Zone According to the California Department of Conservation, California Official Tsunami Inundation Maps, the site is not located within a tsunami inundation zone.21 Seiche Zone The Project would not be at risk from seiche because there is no water body in the Project site area capable of producing as seiche. Dam Inundation Zone 21 California Tsunami Maps and Data, https://www.conservation.ca.gov/cgs/tsunami/maps Packet Pg.1280 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 59 The Project site is not located within the dam inundation zone for the Seven Oaks Dam according to General Plan Safety Element Figure S-2, Seven Oaks Dam Inundation Map. The Project would not release pollutants due to inundation. 3.10(e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? Determination: Less Than Significant Impact. Sources: Santa Ana Region Water Quality Control Plan, SGMA Basin Prioritization Dashboard, https://gis.water.ca.gov/app/bp- dashboard/final/ Impact Analysis The Water Quality Control Plan (Basin Plan) for The Santa Ana River Basin The Basin Plan for the Santa Ana is the basis for the Regional Board’s regulatory programs. The Basin Plan establishes water quality standards for the ground and surface waters of the region. The term “water quality standards,” as used in the federal Clean Water Act, includes bo th the beneficial uses of specific waterbodies and the levels of quality which must be met and maintained to protect those uses. The Basin Plan includes an implementation plan describing the actions by the Regional Board and others that are necessary to ac hieve and maintain the water quality standards.22 As it affects the Project, the primary regulatory tool is the National Pollutant Discharge Elimination System (NPDES). The Clean Water Act prohibits anybody from discharging "pollutants" through a "point source" into a "water of the United States" unless they have an NPDES permit. The permit will contain limits on what you can discharge, monitoring and reporting requirements, and other provisions to ensure that the discharge does not hurt water quality or people's health. To implement the Basin Plan, the Project will be required to be in conformance with Title 8 of the City of San Bernardino Municipal Code. Title 8 of the San Bernardino Municipal Code i mplements the NPDES and MS4 stormwater runoff requirements. A Water Quality Management Plan is required to manage the quality of storm water or urban runoff that flows from a developed site after construction is completed and the facilities or structures are occupied and/or operational. A Water Quality Management Plan describes the Best Management Practices that will be implemented and maintained throughout the life of a project to prevent and minimize water pollution that can be caused by storm water or urban runoff. With the implementation of the drainage system improvements and features described under Issues 3.10a, 3.10b, and 3.10c above, the Project will not conflict with or obstruct the implementation of the Basin Plan. 22 Santa Ana River Basin Plan, https://www.waterboards.ca.gov/santaana/water_issues/programs/basin_plan/ Packet Pg.1281 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.10 Hydrology and Water Quality 60 Sustainable Groundwater Management Plan The Sustainable Groundwater Management Act (SGMA) classifies California’s 515 groundwater basins into four categories high, medium, low, or very low -priority. SGMA requires governments and water agencies of high and medium priority basins to halt overdraft and bring groundwater basins into balanced levels of pumping and recharge. According to the SGMA Basin Prioritization Dashboard accessed on October 5, 2021, the Project site is located within the Upper Santa Ana Valley Basin and is classified as “low priority” and is not subject to the provisions of a Sustainable Groundwater Management Plan.23 23 SGMA Basin Prioritization Dashboard, https://gis.water.ca.gov/app/bp-dashboard/final/ Packet Pg.1282 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.11 Land Use and Planning 59 3.11 LAND USE AND PLANNING Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Physically divide an established community? ✓ b. Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? ✓ 3.11(a) Physically divide an established community? Determination: No Impact. Sources: Project Application Materials, Google Earth. Impact Analysis An example of a Project that can divide an established community includes the construction of a new freeway or highway through an established neighborhood. The Project site consists of vacant undeveloped land. To the north is Highland Avenue, followed by commercial development. To the south is single-family residential development. To the east is a mobile home park. To the west are a veterinarian hospital and vacant undeveloped land. No impacts would occur concerning dividing an established community. 3.11(b) Cause a significant environmental impact due to a conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? Determination: Less Than Significant Impact With Mitigation Incorporated. Sources: This Initial Study Impact Analysis Land use impacts would be considered significant if the Project would conflict with a land -use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect. Conflicts with any land use plan, policy, or regulation of an agency with jurisdiction over the Project (including, but not limited to the general plan, specific plan, or zoning ordinance) adopted to avoid or mitigate an environmental effect are summarized below. ▪ General Plan: Chapter 2, Land Use, Chapter 5, Community Design, Chapter 7, Public Facilities & Services, Chapter 8, Parks, Recreation, and Trails, Chapter 9, Utilities, Chapter 10, Safety, Chapter 11, Historical and Archaeological Resources, Chapter 12, Natural Packet Pg.1283 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.11 Land Use and Planning 60 Resources and Conservation, Chapter 13, Energy and Water Conservation, Chapter 14, Noise. (Refer to the analysis under the related environmental topic throughout this Initial Study document). ▪ Municipal Code Title 8. Health & Safety, Title 15, Buildings & Construction, Title 19, Land Use/Subdivision Regulations. Refer to the analysis under the related environmental topic throughout this Initial Study document). ▪ South Coast Air Quality Management District 2016 Air Quality Management Plan (Refer to Threshold 4.3 (a) in Section 4.2, Air Quality for analysis). ▪ San Bernardino County Regional Greenhouse Gas Reduction Plan (Refer to Threshold 4.8 (b) in Section 4.8, Greenhouse Gas Emissions for analysis). ▪ Southern California Association of Governments Connect SoCal – The 2020-2045 Regional Transportation Plan/Sustainable Communities Strategy. (Refer to Threshold 4.8 (b) in Section 4.8, Greenhouse Gas Emissions for analysis). ▪ Santa Ana Regional Water Quality Control Board’s Santa Ana River Basin Water Quality Control Program (Refer to Threshold 4.10 (e) in Section 4.10, Hydrology and Water Quality for analysis. As disclosed in this Initial Study document, implementation of the P roject would result in potentially significant impacts to the environment concerning Biological Resources, Cultural Resources, Paleontological Resources, Noise, and Tribal Cultural Resources; however, in all instances where potentially significant impacts have been identified, the following mitigation measures are required to reduce each impact to less‐than‐significant levels. BIO-1-Pre-Construction Burrowing Owl Survey BIO-2-Nesting Bird Survey CR-1- Archaeological Monitoring CR-2-Archaeological Inadvertent Discovery GEO-1-Paleontological Inadvertent Discovery GEO-2- Paleontological Treatment Plan Packet Pg.1284 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.12 Mineral Resources 62 3.12 MINERAL RESOURCES Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? ✓ b. Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land-use plan? ✓ 3.12(a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? Determination: No Impact. Source: General Plan. Impact Analysis The Surface Mining and Reclamation Act (SMARA) identifies land designated as Mineral Resources Zones of State-wide or regional importance. According to General Plan Figure NRC-3: Mineral Resource Zones, the Project site is not within an area mapped as a Mineral Resource Zone. In addition, there is no mineral resource extraction occurring on the Project site , and no mineral resource extraction activity is known to have ever occurred on the Project site. Accordingly, the project's implementation would not result in the loss of availability of a known mineral resource that would be of value to the region or the residents of the State of California. 3.12(b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land-use plan? Determination: No Impact. Source: General Plan. Impact Analysis The Genera Plan currently designates the Project site as CG (General Commercial). This land use designation does not allow mineral resource recovery. As such, the Project will not result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land-use plan. Packet Pg.1285 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.13 Noise 62 3.13 NOISE Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? ✓ b. Generation of excessive groundborne vibration or groundborne noise levels? ✓ c. For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ✓ 3.13(a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance or applicable standards of other agencies? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: Noise Assessment Technical Memorandum (Appendix G), Municipal Code. Impact Analysis Existing Noise Environment The primary source for existing ambient noise in the Project area is from traffic along Highland Avenue. The current average daily vehicle trips along Highland Avenue are approximately 15,000 average daily vehicle trips (ADT)24. Noise analysis performed on projects in the City indicate that noise levels along Highland Avenue west of Medical Center Drive have been calculated at 64.5 dBA CNEL 50 feet from the Roadway Centerline 25 as such outdoor ambient noise levels in the area of the Project are expected to be below 65 CNEL. Sensitive Land Uses in the Project Vicinity 24 2600 Cajon Boulevard Warehouse Project Initial Study/Mitigated Negative Declaration, November 2018. 25 2600 Cajon Boulevard Warehouse Project Initial Study/Mitigated Negative Declaration Table L, November 2018 Packet Pg.1286 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.13 Noise 63 Sensitive receptors that may be affected by Project-generated noise are the existing residential land uses the south and east of the Project site. Construction Noise Construction activities that would create noise include site preparation, grading, building construction, paving, and architectural coating. Noise levels associated with the construction will vary with the different types of construction equipment, the duration of the activity, and the distance from the source. Construction noise will have a temporary or periodic increase in the ambient noise level above the existing levels within the Project vicinity. Typical operating cycles for these types of construction equipment may involve one or two minutes of full power operation followed by three to four minutes at lower power settings. Noise levels will be loudest during the site preparation and grading phases. Table 11, Typical Construction Equipment Noise Levels, identifies the noise level generated by construction equipment. Table 11. Typical Construction Equipment Noise Levels Type Lmax (dBA) at 50 Feet Lmax (dBA) at 100 Feet Lmax (dBA) at 250 Feet Backhoe 80 74. 66 Grader, Dozer, Excavator, Scraper 85 79 71 Truck 84 78 70 Concrete Mixer 85 79 71 Pneumatic Tool 85 79 71 Pump 77 71 63 Saw, Electric 76 70 62 Air Compressor 80 74 66 Generator 82 76 68 Paver 85 79 71 Roller 85 79 71 Source: FTA Transit Noise and Vibration Impact Assessment Manual, Sept. 2018 Residential uses around the proposed Project Site are located approximately 23 feet from the east boundary, approximately 10 feet from the south boundary, and approximately 350 feet from the west boundary. Additionally, the Magnolia at Highland Senior Apartment complex is approximately 350 feet east of the project boundary. San Bernardino has set restrictions to control noise impacts from construction activities. Section 8.54.070 of the San Bernardino Municipal Code states that no person shall be engaged or employed, or cause any person to be engaged or employed, in any work of construction, erection, alteration, repair, addition, movement, demolition, or improvement to any building or structure except within the hours of 7:00 a.m. and 8:00 p.m. Packet Pg.1287 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.13 Noise 64 The Municipal Code also exempts certain activities associated with the proposed project. Section 8.54.060(I) states that noise resulting from “Construction, repair, or excavation work performed pursuant to a valid written agreement with the City, or any of its political subdivisions, which provides for noise mitigation measures” are exempt from the provisions of Chapter 8. While the City establishes limits to the hours during construction activity, it does not identify specific noise level limits for construction noise levels. Therefore, to evaluate whether the Project will generate a substantial increase in the short-term noise levels at the offsite sensitive receptors (residences), the construction-related noise level threshold is based on the National Institute for Occupational Safety and Health (NIOSH) recommended exposure limit (REL) for occupation noise exposure at 85 dBA, as an 8-hour time-weighted average (85 dBA – 8-hr TWA). As indicated in Table 11, the highest equipment noise level will be equipment operating at 85 dBA. The noise levels will be the highest during the const ruction phase as heavy equipment passes along the Project site boundaries. During the site preparation and grading , phases equipment will not be stationary; rather, equipment will be moving throughout the site and varying speeds and power levels and, as a result, not operating at the maximum noise level for the entire workday. From the center of the site to the nearest sensitive receptor is 3 30-feet, decreasing the 85 dBA noise level to 68.6 dBA. These levels are below the NIOSH REL of 85 dBA 8-hour TWA and would be less than significant. Construction noise is short-term and will not present any long-term impacts on the project site or the surrounding area. Operational Noise (Stationary) Typical operational sound levels generated by single-family residential activities include everyday outdoor conversations, air conditioner units, and lawn care equipment with levels as indicated below: • Normal conversation, air conditioner - 60 dBA • Gas-powered lawnmowers and leaf blowers – 80 to 85 dBA.26 Noise generated from air conditioners and lawn care equipment is not constant and consistent throughout the day. Lawn care is performed during daylight hours for short durations , and although air conditioners are operating both day and night, they are cycling on/off with windows closed conditions. As indicated in Section 3.2 of this memorandum , noise levels would be attenuated with mobile noise sources with standard building construction and windows clos ed by approximately 25 dBA. The USEPA identifies noise levels affecting health and welfare as exposure levels over 70 dBA over 24 hours. Noise levels for various levels are identified according to the use of the area. Levels 26 Center for Disease Control, “Loud Noised Can Cause Hearing Loss”. ,https://www.cdc.gov/nceh/hearing_loss/default.html, accessed on November 11, 2021. Packet Pg.1288 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.13 Noise 65 of 45 dbA are associated with indoor residential areas, hospitals, and schools, whereas 55 dBA is identified for outdoor spaces where typical residential human activity occurs. According to the USEPA, levels of 55 dbA outdoors and 45 dbA indoors are identified as levels of noise consi dered to permit spoken conversation and other activities such as sleeping, working, and recreation, which are part of the daily human condition.27 Levels exceeding 55 dbA in a residential setting usually are short in duration and not significant in affecti ng the health and welfare of residents. Offsite Traffic Noise Impacts Vehicle noise is a combination of the noises produced by the engine, exhaust, and tires. The primary source of noise generated by the Project will be from the vehicle traffic generated by the vehicle ingress and egress to the Project site. Under existing conditions, the site does not generate any traffic noise that impacts the surrounding area. According to the Federal Highway Administration, Highway Traffic Noise Analysis and Abatement Policy and Guidance, the level of roadway traffic noise depends on three things: (l) the volume of the traffic, (2) the speed of the traffic, and (3) the number of trucks in the flow of the traffic. Generally, the loudness of traffic noise is increased by heavier traffic volumes, higher speeds, and greater numbers of trucks. These factors are discussed below. The Volume of the Traffic Upon buildout, the proposed Project is expected to generate approximately 897 average daily vehicle trips28, which will increase the ambient traffic noise levels in the vicinity of the Project site in comparison to the existing site conditions (vacant land). General Plan Figure C -2, Circulation, classifies Highland Avenue as “Major Arterial” roadway and Medical Center Drive as a “Secondary Arterial” roadway. Highland Avenue is designed to accommodate higher traffic volumes as primary linking thoroughfares to and from the City to adjacent cities and the regional highway system. Medical Center Drive is designed to carry traffic along the perimeters of major developments and support the major arterials to enable traffic to travel uninterrupted for longer distances. The primary source for existing ambient noise in the Project area is from traffic along Highla nd Avenue. The current average daily vehicle trips along Highland Avenue are approximately 15,000 average daily vehicle trips (ADT). Noise analysis performed on projects in the City indicate that noise levels along Highland Avenue west of Medical Center Drive have been calculated at 64.5 dBA CNEL 50 feet from the Roadway Centerline. Additionally, the assessments indicate that an increase of 800 vehicles per day would create an approximately 0.2 dBA increase in traffic - generated noise.29 The Project is expected to increase traffic by approximately 897 average daily 27 USEPA “EPA Identifies Noise Levels Affecting Health and Welfare” https://archive.epa.gov/epa/aboutepa/epa-identifies-noise-levels- affecting-health-and-welfare.html accessed November 11, 2021. 28 Technical Memo TTM20494: Highland & Medical Center Project – Air Quality/GHG Assessment CalEEMod Datasheets Table 4.2 Trip Summary 29 2600 Cajon Boulevard Warehouse Project Initial Study/Mitigated Negative Declaration Table L, November 2018. Packet Pg.1289 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.13 Noise 66 vehicle trips. As such, increases in the ambient noise level created by the project will be less than significant. According to Caltrans, the human ear is able to begin to detect sound level increa ses of 3 decibels (dB) in typical noisy environments.30 A doubling of sound energy (e.g., doubling the volume of traffic on a highway) that would result in a 3 -dBA increase in sound would generally be barely detectable. Implementation of the Project will increase traffic volumes in the area occurring along Highland Avenue and Medical Center Drive but not to the extent that traffic volumes will be doubled, creating a +3dBA noise increase or result ing in a perceivable noise increase. Therefore, operational noise impacts would be less than significant. The Speed of Traffic Highland Avenue and Medical Center Drive have speed limits of 40 mph. These low levels of speed do not result in vehicles generating high noise levels. The Number of Trucks in the Flow of the Traffic The Project is a residential development, and it will not generate noise from large trucks. 3.13(b) Generation of excessive ground-borne vibration or ground-borne noise levels? Determination: Less Than Significant Impact. Sources: Municipal Code, Project Application Materials. Impact Analysis Construction Vibration The Federal Transit Administration (FTA) has published standard vibration velocities for construction equipment operations. In general, the FTA architectural damage cr iterion for continuous vibrations (i.e., 0.20 inches per second) appears to be conservative. The types of construction vibration impact include human annoyance and building damage. Human annoyance occurs when construction vibration rises significantly abov e the threshold of human perception for extended periods. Building damage can be cosmetic or structural. Typical vibrations produced by construction equipment are shown in Table 12, Typical Vibration Level for Construction Equipment. 30 Caltrans, Traffic Noise Analysis Protocol, April 2020, p.7-1. Packet Pg.1290 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.13 Noise 67 Table 12. Typical Vibration Level for Construction Equipment. Equipment Type Typical Vibration Levels for Construction Equipment (PPV [in/sec]) 25 feet 50 feet 100 feet Large Bulldozer 0.089 0.0315 0.0111 Loaded Trucks 0.076 0.0269 0.0095 Small Bulldozer 0.003 0.0011 0.0004 Jackhammer 0.035 0.0124 0.0044 Vibratory Compactor 0.210 0.0742 0.0263 Source: FTA Transit Noise and Vibration Impact Assessment Manual. Construction of the P roject will not employ any pile driving, rock blasting, or rock crushing equipment during construction activities, which are the primary sources of ground‐borne noise and vibration during construction. Outdoor site preparation for the Project is expected to require the use of a large bulldozer, which would generate ground‐borne vibration of up to 0.089 PPV [in/sec] and loaded trucks, which would generate and 0.076 PPV [in/sec] when measured to closest residential structures located approximat ely 25 feet to the north of the Project site. These vibration levels are below any threshold of damage. The impact is less than significant, and no mitigation is required. Operational Vibration Noise Typical sources of vibration noised are heavy industrial uses and railroad tracks. The proposed Project is a residential use and would therefore not generate significant vibration noise levels. 3.13 (c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? Determination: No Impact. Sources: Municipal Code. San Bernardino International Airport, Airport Layout Plan Narrative Report. Packet Pg.1291 Highland Avenue & Medical Center Drive Residential Project Initial Study/Mitigated Negative Declaration 3.13 Noise 68 Impact Analysis The Project site is not within two miles of an airport or within an airport land use plan. The nearest airports are Rialto Municipal Airport, approximately 4 miles west, and the San Bernardino International Airport, approximately five miles southeast of the site . Packet Pg.1292 Highland Avenue and Medical Center Drive Residential Project 3.14 Population and Housing Initial Study/Mitigated Negative Declaration 69 3.14 POPULATION AND HOUSING Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Induce substantial unplanned population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? ✓ b. Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? ✓ 3.14(a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through the extension of roads or other infrastructure)? Determination: Less than Significant Impact. Source: Project Application Materials. Impact Analysis The Project proposes 95 residential dwelling units. Based on the State of California Department of Finance, E-5 Population and Housing Estimates for Cities, Counties, and the State, 2011 -2020 with 2010 Census Benchmark,31 the City of San Bernardino currently has 3.45 persons per household, which would result in a population of 328 persons (95 dwelling units x 3.45 persons per household = 327.75). This assumes that all new residents would come from outside the City. Typically, growth would be considered a potentially significant impact if it encourages unplanned growth into an area where infrastructure and utilities are not available. The Project site is considered an infill development site because it is surrounded by existing developments and infrastructure and utility extensions are not required to serve the Project. 3.14(b) Displace substantial numbers of existing housing, necessitating the c onstruction of replacement housing elsewhere? Determination: Less Than Significant Impact. Sources: Project Application Materials. 31 https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ Packet Pg.1293 Highland Avenue and Medical Center Drive Residential Project 3.14 Population and Housing Initial Study/Mitigated Negative Declaration 70 The Project site does not contain any residential units. Therefore, the project's implementation would not displace a substantial number of existing housing, nor would it necessitate the construction of replacement housing elsewhere. As such, there is no impact . Packet Pg.1294 Highland Avenue and Medical Center Drive Residential Project 3.15 Public Services Initial Study/Mitigated Negative Declaration 71 3.15 PUBLIC SERVICES Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: 1) Fire protection? ✓ 2) Police protection? ✓ 3) Schools? ✓ 4) Parks? ✓ 5) Other public facilities? ✓ 3.15(a) Would the Project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: FIRE PROTECTION Determination: Less Than Significant Impact. Source: San Bernardino County Fire District. Impact Analysis The San Bernardino County Fire District provides fire protection services to the Project site. The nearest fire station is Fire Station No. 75, located approximately 1.6 roadway miles northwest of the Project site at 2852 N. Macy Street, Muscoy. Development of the Project would impact fire protection services by placing additional demand on existing fire protection resources should its resources not be augmented. To offset the increased demand for fire protection services, the Project would be conditioned by the City to provide a minimum of fire safety and support fire suppression activities, including compliance with State and local fire codes, fire sprinklers, a fire hydrant system, paved access, and secondary access routes. Packet Pg.1295 Highland Avenue and Medical Center Drive Residential Project 3.15 Public Services Initial Study/Mitigated Negative Declaration 72 The City of San Bernardino Municipal Code, Chapter 3.27, requires a fee payment that the City applies to the funding of public facilities, including law enforcement facilities, vehicles, and equipment, to offset the incremental increase in the demand for fire protection services that the Project would create. In addition, as required by the City’s project development review process, the Project plans were routed to the Fire Department for review and comment on the impacts of providing fire protection services. The Fire Department did not indicate that the Project would require new or physically altered fire facilities to maintain acceptable service ratios, response times, or other performance objectives. Based on the above analysis, impacts related to fire protection are less than significant. POLICE PROTECTION Determination: Less Than Significant Impact. Sources: City of San Bernardino Police Department. Impact Analysis The City of San Bernardino Police Department would provide police protection services to the Project via their headquarters at 710 North D Street. The Project site is in an urbanized area that is regularly patrolled. The City of San Bernardino Municipal Code, Chapter 3.27, requires a fee payment that the City applies to the funding of public facilities, including law enforcement facilities, vehicles, and equipment, to offset the incremental increase in the demand for police protection services that the Project would create. The Project is not expected to result in the need for new or physically altered fire facilities to maintain acceptable service ratios, response times, or other performance objectives. Based on the above analysis, impacts related to police protection are less than significant. Packet Pg.1296 Highland Avenue and Medical Center Drive Residential Project 3.15 Public Services Initial Study/Mitigated Negative Declaration 73 SCHOOLS Determination: Less Than Significant Impact. Sources: California Senate Bill 50 (Greene), Project Application Materials . Impact Analysis The proposed Project is located within the area served by San Bernardino City Unified School District (SBCUSD). The Project would be required to contribute fees to the SBCUSD in accordance with the Leroy F. Greene School Facilities Act of 1998 (Senate Bill 50). According to Senate Bill 50, payment of school impact fees constitutes complete mitigation under CEQA for Project‐related impacts to school services. PARKS Determination: Less Than Significant Impact. Source: Project Application Materials. Impact Analysis According to City of San Bernardino General Plan Policy 8.1.1, 5.0 acres of parkland is required for every 1,000 residents. The Project would generate a demand for approximately 1.64 acres of parkland. Although the Project provides common open space on-site, it does not propose any public parks. The City of San Bernardino Municipal Code, Chapter 3.27, require s the subdivider, as a condition of approval of a tentative map, to pay a fee in lieu, dedicate land, or both, at the discretion of the Council for park and/or recreational purposes according to the Subdivision Map Act, Government Code Section 66477. The Project is proposing to pay an in-lieu fee. The Project’s contribution of Development Impact fees for park and recreation facilities is within the City would result in a less than sig nificant impact. OTHER PUBLIC FACILITIES Determination: Less Than Significant Impact. Source: Project Application Materials. Impact Analysis The City of San Bernardino Municipal Code, Chapter 3.27, requires payment of the Development Impact Fee to assist the City in providing public facilities such as libraries, public meeting facilities, and aquatic facilities. Payment of the Development Impact Fee would ensure that the Project provides a fair share of funds for additional public facilities. Packet Pg.1297 Highland Avenue and Medical Center Drive Residential Project 3.16 Recreation Initial Study/Mitigated Negative Declaration 72 3.16 RECREATION Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? ✓ b. Does the Project include recreational facilities or require the construction or expansion of recreational facilities, which might have an adverse physical effect on the environment? ✓ 3.16(a) Would the proposed Project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? Determination: Less than Significant Impact. Source: Project Application Materials. Impact Analysis The Project would not cause substantial physical deterioration of any park facilities or accelerate the physical deterioration of any park facilities because the Project results in a relatively small increase in population of 328 persons32, and on-site recreation areas are provided. 3.16(b) Does the Project include recreational facilities or require the construction or expansion of recreational facilities that might adversely affect the environment? Determination: Less than Significant Impact With Mitigation Incorporated. Source: Project Application Materials Impact Analysis The Project proposes 21,500 square feet of open space. The environmental impacts created by the open space are evaluated throughout this Initial Study document. In instances where significant impacts have been identified, mitigation measures are required to reduce impacts to less‐than‐significant levels. 32 California Department of Finance E-5 Population Estimates (3.45 persons per household), https://www.dof.ca.gov/Forecasting/Demographics/Estimates/e-5/ Packet Pg.1298 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 73 3.17 TRANSPORTATION Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Would the Project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? ✓ b. Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? ✓ c. Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? ✓ d. Result in inadequate emergency access? ✓ 3.17(a) Would the Project conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle, and pedestrian facilities? Determination: Less Than Significant Impact. Source. Project Application Materials. Note: Changes to California Environmental Quality Act (CEQA) Guidelines were adopted in December 2018, which require all lead agencies to adopt Vehicle Miles Traveled (VMT) as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate took effect July 1, 2020. Results related to LOS will be evaluated through the City’s development review process apart from CEQA and are not addressed in this Initial Study document. Roadway System Analysis The Project consists of 95 single-family residential units. Site access is planned via internal streets that will connect to Highland Avenue. Based on Trip Generation, 10th Edition, Institute of Transportation Engineers (ITE), the Project is projected to generate 897 daily vehicle trips. Highland Avenue is an existing roadway that abuts the Project site's northern boundary. It will be further improved to meet City standards from the centerline of the existing road with pavement, curb, gutter, and sidewalk as necessary. These improvements would not impede motor vehicle, pedestrian, bicycle, or transit facilities or conflict with a program, plan, or ordinance addressing the roadway system. Transit Service Analysis Packet Pg.1299 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 74 OmniTrans provides bus service to the City of San Bernardino. Route 312 runs along Highland Avenue adjacent to the Project site. Currently, there are no bus routes adjacent to the Project site. The Project is not proposing any roadway improvements that interfere with the existing bus route. Bicycle & Pedestrian Facilities Analysis Pedestrian and bicycle access will be available to the Project site from Highland Avenue via sidewalks and the street pavement to the connecting roadways. Therefore, the Project will not conflict with an applicable plan, ordinance, or policy applying to bicycle and pedestrian modes of travel. 3.17(b) Conflict or be inconsistent with CEQA Guidelines section 15064.3, subdivision (b)? Determination: Less Than Significant Impact. Source: SBCTA Screening Tool. Impact Analysis Changes to California Environmental Quality Act (CEQA) Guidelines were adopted in December 2018, which require all lead agencies to adopt Vehicle Miles Traveled (VMT) as a replacement for automobile delay-based level of service (LOS) as the new measure for identifying transportation impacts for land use projects. This statewide mandate took effect July 1, 2020. Results related to LOS will be evaluated through the City’s development review process apart from CEQA and are not addressed in this Initial Study document. The San Bernardino County Transportation Authority (SBCTA) VMT Screening Tool (Tool) is a web - based GIS application developed by SBCTA and its member jurisdictions to determine whether a future land development project meets set thresholds requiring thorough VMT analysis. The tool relies on a hybrid version of the San Bernardino Transportation Analysis Model (SBTAM), which uses a 2016 base year consistent with the 2020 Regional Transportation Plan/Sustainable Communities Strategy (RTP/SCS) and a 2040 forecast year consistent with the 2040 RTP/SCS. Based on the SBCTA Screening Tool, the City’s baseline (2020) VMT per service population is 34.0 , and future buildout (the year 2040) VMT per service population is 32.8. A project’s VMT analysis follows the process of first using screening criteria, identifying the significance threshold, selecting the VMT metric, and, lastly, determining requirements for modeling and assessment. Based on City’s guidelines, project screening criteria were applied to the proposed project to determine if it could be screened out from further VMT analysis. Its impacts can be presumed to be less than significant. Low VMT Area Screening Analysis Packet Pg.1300 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 75 A low VMT Area is defined as an individual traffic analysis zone (TAZ). The total daily Origin/Destination VMT per service population is lower than the City 's average daily Origin/Destination VMT per service population. To identify if the Project is in a low VMT- generating area, the San Bernardino County Transportation Authority (SBCTA) VMT Screening Tool was applied to the Project. The results of the Low WMT Screening are shown in Table 3.17 - 1, Results of Low VMT Area Screening Tool below. Table 12. Results of Low VMT Area Screening Tool Traffic Analysis Zone (TAZ) City Average VMT (1) Project VMT (2) Screening Criteria Satisfied? 53767101 30.0 29.4 YES Source: SBCTA Screening Tool located at: https://www.arcgis.com/apps/webappviewer/index.html?id=779a71bc659041ad995cd48d9ef4052b Based on the VMT screening analysis above, the VMT per service population for the proposed project would be lower than the City’s average VMT. Therefore, the proposed project would be screened out from further VMT analysis and presumed to have a less than significant VMT impact. Thus, the project would not require any mitigation. Additionally, the Project is consistent with existing land use in the area, would be expected to contribute VMT consistent with current land use in the area, and would not significantly alter travel patterns in the area. Transit Service Analysis OmniTrans provides bus service to the City of San Bernardino. Route 312 runs along Highland Avenue adjacent to the Project site. Currently, there are no bus routes adjacent to the Project site. The Project is not proposing any roadway improvements that interfere with the existing bus route. Bicycle & Pedestrian Facilities Analysis Pedestrian and bicycle access will be available to the Project site from Highland Avenue via sidewalks and the street pavement to the connecting roadways. Therefore, the Project will not conflict with an applicable plan, ordinance, or policy applying to bicycle and pedestrian modes of travel. Packet Pg.1301 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 76 3.17(c) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? Determination: No Impact. Source: Project Application Materials. Impact Analysis Access to the Project site is from Highland Avenue, an improved roadway abutting the site that meets City standards. The Project proposes constructing new internal streets that connect to Highland Avenue. All new roads will be built to meet City standards to ensure traf fic hazards are not created. In addition, the Project is in a commercial and residential area. The Project would not be incompatible with existing development in the surrounding area to the extent that it would create a transportation hazard resulting from an incompatible use (e.g., farm equipment). Accordingly, the Project would not substantially increase hazards due to a design feature or incompatible use. 3.16(d) Result in inadequate emergency access? Determination: Less Than Significant Impact. Source: Project Application Materials. Impact Analysis Adequate emergency access would be provided to the Project site Highland Avenue and secondary emergency vehicle access gates at Gardina Street and N. Madison Street along the southern property line . During the review of the Project, the Project’s transportation design was reviewed by the City’s Engineering Department and Fire Department to ensure that adequate access to and from the site would be provided for emergency vehicles. With the adherence to mandatory requirements for emergency vehicle access, impacts would be less than significant, and no mitigation measures are required. Packet Pg.1302 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 77 3.18 TRIBAL CULTURAL RESOURCES Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code section 21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? ✓ b. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? ✓ 3.18(a) Listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: AB 52 and SB18 Consultation. The Project site consists of vacant undeveloped land that is regularly cleared for weed abatement purposes. A data review was conducted of the National Register of Historic Places (NRHP), the California Register of Historical Resources (CRHR), and document s and inventories from the California Office of Historic Preservation (OHP), including the lists of California Historical Landmarks, California Points of Historical Interest, listing of NRHP Properties, and the Inventory of Historic Structures. The structures are not identified on any of these lists.33 In addition, the City conducted a Historic Resources Reconnaissance Survey in 1991, which is considered a local register of historic resources under state law. A “local register of historic resources” is broadly defined in §5020.1 (k) as “a list of properties officially designated or recognized as historically significant by a local government pursuant to a local ordinance or resolution.” Local registers of historic properties come essentially in two forms: (1) surveys of historic resources conducted by a local agency in accordance with Office of Historic Preservation procedures and standards, adopted by the local agency and maintained as current, and (2) landmarks designated under local ordinances or resoluti ons. (Public Resources Code §§ 5024.1, 33 OHP Tools, https://ohp.parks.ca.gov/?page_id=27959 Packet Pg.1303 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 78 21804.1, 15064.5). The Historic Resources Reconnaissance Survey provides for the most complete overview of historically significant properties and neighborhoods within the City that were considered historically sensitive at the time of its adoption. It forms the single most important resource to the City for historic preservation planning. The property is not identified as a historic resource based on the survey. However, there is the possibility that sub-surface tribal cultural resources listed or eligible for listing in the California Register of Historical Resources or in a local register of historical resources as defined in Public Resources Code section 5020.1(k) may be encountered at deeper levels during grading. If such sub-surface tribal cultural resources are encountered during the project's earthmoving operations, Mitigation Measures CR-1 and CR-2 shall apply. (Refer to Section 3.5 (a) under Cultural Resources. 3.18(b A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code Section 5024.1. In applying the criteria set forth in subdivision (c) of Public Resource Code Section 5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe? Determination: Less Than Significant Impact with Mitigation Incorporated. Source: AB 52 & SB18 Consultation. Tribal Cultural Resources consist of the following: 1. A tribal cultural resource listed in or determined to be eligible by the State Historical Resources Commission for listing in the California Register of Historical Resources. (2) Sites, features, places, cultural landscapes, sacred places, and objects with cultural value to a California Native American tribe that are either of the following: (A) Included or determined to be eligible for inclusion in the California Register of H istorical Resources. (B) Included in a local register of historical resources as defined in subdivision (k) of Section 5020.1. (2) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant according to criteria outlined in subdivision (c) of Section 5024.1. In applying the criteria set forth in subdivision (c) of Section 5024.1 for the purposes of this paragraph, the lead agency shall consider the significance of the resource to a California Native American tribe. Assembly Bill (AB) 52 created a process for consultation with California Native American Tribes in the CEQA process. Tribal Governments can request consultation with a lead agency and give Packet Pg.1304 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 79 input into potential impacts to tribal cultural resources before the agency decides what kind of environmental assessment is appropriate for a proposed project. SB 18 requires local governments to consult with tribes before making certain planning decisions and to notify tribes at certain key points in the planning process. These consultation and notice requirements apply to the adoption and amendment of both general plans (defamed in Government Code §65300 et seq.) and specific plans (defined in Government Code §65450 et seq.). The Planning Division notified California Native American Tribes per the requirements of AB52 and SB18. The San Manuel Band of Mission Indians (SMBMI) requested consultation. During the consultation, SMBMI indicated the Project site had a low sensitivity for tribal cultural resources. However, they did request to be added to Mitigation Measure CR -2 under Section 3.5, Cultural Resources. CR-2. Monitoring and Treatment Plan. If significant pre-contact cultural resources, as defined by CEQA, are discovered, and avoidance cannot be ensured, the archaeologist shall develop a Monitoring and Treatment Plan in coordination with SMBMI, the drafts of which shall be provided to SMBMI for review and comment. The archaeologist shall monitor the remainder of the project and implement the Plan accordingly. Packet Pg.1305 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 80 3.19 UTILITIES AND SERVICE SYSTEMS Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water, drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? ✓ b. Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry, and multiple years? ✓ c. Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? ✓ d. Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? ✓ e. Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? ✓ 3.19(a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or stormwater, drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: This Initial Study Document. Impact Analysis The installation or construction of water, wastewater treatment or storm water, drainage, electric power, natural gas, or telecommunications facilities will require grading, trenching, or digging that could impact Biological Resources, Cultural Resources, Paleontological Resources, and Tribal Cultural Resources. Where potentially significant impacts have been identified, the following mitigation measures are required: BIO 1- Pre-Construction Burrowing Owl Survey; BIO- 2- Nesting Bird Survey; CR-1- Archaeological Monitoring; CR-2- Archaeological Inadvertent Discovery; GEO-1-Paleontological Inadvertent Discovery; and GEO-2- Paleontological Treatment Packet Pg.1306 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 81 Plan. Accordingly, additional measures beyond those identified throughout this Initial Study document would not be required. 3.19(b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry , and multiple years? Determination: Less Than Significant Impact. Source: 2020 San Bernardino Valley Regional Urban Water Management Plan. Impact Analysis The Project site would be served with potable water by the City of San Bernardino Municipal Water Department (SBMWD) which obtains 100 percent of its water from the Bunker Hill Groundwater Basin. The Bunker Hill Groundwater Basin is a managed basin. SBMWD, therefore, can develop additional wells and over-extract groundwater under specified conditions contained in the stipulated judgment. The wells, in general, have provided a stable source of water supply. Water use for the Project was estimated by using the California Emissions Estimator Model (CalEEMod). The model can estimate water usage for analysis in CEQA documents. The Project is estimated to have a water demand of 6.18 million gallons per year (16,932 gallons per day). The Urban Water Management Planning Act34requires every public and private urban water supplier that directly or indirectly provides water for municipal purposes to prepare and adopt an urban water management plan (UWMP) and update its plan once every five years. The Act requires that a UWMP assess water supply reliability by comparing total projected water use with the expected water supply over the next twenty years in five -year increments. The Act also requires an assessment of single-dry years and multiple-dry years. The 2020 Upper Santa Ana River Watershed, Integrated Regional Urban Water Management Plan (UWMP) summarizes the water supply availability as follows: “Under single dry and consecutive dry year conditions, the assessment assumes that demands will increase by as much as 10% due to increased outdoor water use. Although water use may decrease in the later years of a multiple -year drought due to the implementation of conservation measures and drought messaging, the assessment is based on a 10% increase throughout the 5 -year drought to be conservative. As described in Part 1, Chapter 3, the effects of a local drought are not immediately recognized since the region uses the local groundwater basins to simulate a large reservoir for long -term storage. SBMWD is able to pump additional groundwater from Bunker Hill Basin to meet total demands in dry years and participates in efforts to replenish the basins with imported and local water 34 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201720180AB2242 Packet Pg.1307 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 82 through regional recharge programs. As a result, SBMWD’s total groundwater supplies are not reduced in dry years so 2020 is considered the base year for all year types. Based on the analysis, SBMWD does not anticipate any shortage due to single or consecutive dry years. Even though localized drought conditions should not affect supply, SBMWD participat es in several ongoing water conservation measures and regional recharge projects to optimize and SBMWD Part 2 Chapter 8 City of San Bernardino 8-22 2020 IRUWMP enhance the use and reliability of regional water resources. SBMWD also has a water shortage con tingency plan to put into action as appropriate to reduce the demand during critical drought years or other supply emergencies. A summary of the basis of water year data is presented in Table 8-14. The percent of average supply increases in drought years because SBMWD’s groundwater production will increase to meet an assumed 10% increase in demands.”35 Therefore, the proposed Project would have sufficient water supplies available to serve the Project. 3.19(c) Result in a determination by the wastewater tr eatment provider, which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? Determination: No Impact. Source: San Bernardino Municipal Water Department Sewer System Management Plan, September 10, 2019. Impact Analysis Wastewater collection will be provided by San Bernardino Municipal Water Department’s (SMWD) Water Reclamation Plant (WRP). The current permitted capacity of the Plant is 33 MGD36. Wastewater use for the Project was estimated using the California Emissions Estimator Model (CalEEMod). The model can estimate wastewater usage for analysis in CEQA documents. The Project is estimated to have an indoor water demand of 6.18 million gallons per year (16,932 gallons per day) which includes wastewater, assuming that all the water is discharged to the sewer system. The City’s collection system has sufficient capacity to handle peak dry -weather flows. Over the past ten years, the City of San Bernardino has not experienced any capacity related sanitary sewer overflows Therefore, the proposed project's implementation would not result in impacts related to wastewater treatment provider capacity, and impacts would be less than significant. 35 https://www.sbmwd.org/DocumentCenter/View/7859/Part-2-Chapter-8_SBMWD_2020-UWMP-Chapter_Final?bidId= p.8-21-22. 36 City of San Bernardino, Wat er Reclamation Plant Facilities Assessment and Master Plan, May 2020 p. 1 -1. Available at: https://www.sbmwd.org/DocumentCenter/View/7679/Water -Reclamation-Plant-Master-Plan-2020 Packet Pg.1308 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 83 3.19(d) Generate solid waste in excess of State or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? Determination: Less Than Significant Impact. Source: CalRecycle Solid Waste Information System. Construction Related Impacts Waste generated during the project's construction phase would primarily consist of discarded materials from the construction of streets, common areas, infrastructure installation, and other Project-related construction activities. The California Green Bui lding Standards Code (“CALGreen’) requires all newly constructed buildings to prepare a Waste Management Plan and divert construction waste through recycling and source reduction me thods. The City of San Bernardino Building and Safety Division reviews and approves all new construction projects required to submit a Waste Management Plan. Mandatory compliance with CALGreen solid waste requirements will ensure that construction waste impacts are less than significant. Operational Related Impacts San Bernardino contracts its waste collection services with Burrtec Waste Industries. Burrtec Waste Industries disposes waste at the West Valley Materials Recovery Facility in the City of Fontana. This facility is permitted to receive up to 7,500 tons of soli d waste daily. The California Emissions Estimator Model (CalEEMod) is a statewide land -use emissions computer model designed to provide a uniform platform for government agencies to quantify potential air quality criteria pollutant emissions associated wi th construction and operations from various land-use projects. The model can also estimate solid waste generation rates for various types of land uses for analysis in CEQA documents . Waste disposal rates by land use and overall municipal solid waste composition in California are primarily based on CalRecycle data. Based on solid waste generation usage obtained from CalEEMod , the Project would generate approximately 112 tons of solid waste per year (0.30 tons per day). Based on the amount of waste generated by the Project vs. the capacity of the West Valley Materials Recovery Facility, the Project is not anticipated to cause this landfill to exceed its maximum permitted daily disposal volume. 3.19(e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? Determination: No Impact. Source: County of San Bernardino Integrated Waste Management Plan , April 2018. Impact Analysis. Packet Pg.1309 Highland Avenue and Medical Center Drive Residential Project 3.19 Utilities and Service Systems Initial Study/Mitigated Negative Declaration 84 The California Legislature passed the Integrated Waste Management Act of 1989 (known as AB 939 or the IWM Act). The IWM Act established a hierarchy of preferred waste management practices: (l) Source Reduction, to reduce the amount of waste generated at its source; (2) Recycling and Composting; and (3) Disposal. Waste disposal must be cut by 25% by 1995 and 50% by 2000. Percentages are based on 1990 levels and adjusted for population and economic conditions changes. According to the County of San Bernardino Integrated Waste Management Plan, each city is responsible for its own integrated solid waste management planning, implementation, and monitoring, as well as public information, budgeting, and enforcement. Municipal Code Section 8.24 sets forth San Bernardino City law for the appropriate containment, collection, and disposal of garbage, recyclable materials, organics waste, and byproducts. The Project is required to comply with the provisions of Municipal Code Section 8.24. As such, the Project will comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Packet Pg.1310 Highland Avenue and Medical Center Drive Avenue Residential Project 3.20 Wildfire Initial Study/Mitigated Negative Declaration 85 3.20 WILDFIRE WILDFIRE -- If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a) Substantially impair an adopted emergency response plan or emergency evacuation plan? ✓ b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to, pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? ✓ c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? ✓ d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? ✓ Determination: No Impact. Sources: General Plan, Cal Fire. Impact Analysis According to General Plan Safety Element Figure S-9- Fire Hazard Areas, and the Cal Fire Fire Hazard Severity Zones Maps37, the Project site is not located within a high fire hazard area. As such, the questions posed above do not apply to the Project. The Project would not expose people or structures to a significant risk of loss, injury, or death involving wildland fires , and no impact would occur. 37 Cal Fire, Fire Hazard Severity Zone Maps available at: https://osfm.fire.ca.gov/divisions/wildfire-planning-engineering/wildland- hazards-building-codes/fire-hazard-severity-zones-maps/ Packet Pg.1311 Highland Avenue and Medical Center Drive Residential Project 3.21 Mandatory Findings of Significance Initial Study/Mitigated Negative Declaration 87 3.21 MANDATORY FINDINGS OF SIGNIFICANCE Would the Project: Potentially Significant Impact Less than Significant With Mitigation Incorporated Less Than Significant Impact No Impact a. Does the Project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? ✓ b. Does the Project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a Project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? ✓ c. Does the Project have environmental effects, which will cause substantial adverse effects on human beings, either directly or indirectly? ✓ Impact Analysis 3.20(a) Does the Project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number, or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: This Initial Study Checklist. Impact Analysis Construction or installation of the required utility and service systems would require ground disturbances. As described in Section 3.4, Biological Resources; Section 3.5, Cultural Resources; Packet Pg.1312 Highland Avenue and Medical Center Drive Residential Project 3.21 Mandatory Findings of Significance Initial Study/Mitigated Negative Declaration 88 Section 3.7, Geology and Soils; and Section 3.18, Tribal Cultura l Resources, the project would not result in significant impacts to biological resources, archaeological resources, paleontological resources, and tribal cultural resources with mitigation incorporated. Therefore, with the incorporation of Mitigation Measures BIO-1, Pre-Construction Burrowing Owl Survey / Burrowing Owl Protection; CR-1, Cultural Resources Discovery, CR-2, Monitoring and Treatment Plan; GEO- 1, Paleontological Monitoring, and GEO-2, Paleontological Treatment Plan, the project would not degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self -sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or create a significant hazard to the public or the environment. 3.21(b) Does the Project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a Project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? Determination: Less Than Significant Impact With Mitigation Incorporated. Source: This Initial Study Checklist. The cumulative impacts analysis provided here is consistent with §15130(a) of the CEQA Guidelines, in which the study of cumulative effects of a project is based on two determinations: ▪ Is the combined impact of this project and other projects significant? ▪ If so, is the project’s incremental effect cumulatively considerable, causing the combined impact of the projects evaluated to become significant? The cumulative impact must be analyzed only if the combined effects are significant, and the Project’s incremental effect is found to be cumulatively considerable (CEQA Guidelines 15130(a)(2) and (3)). The construction or installation of the infrastructure and utilities needed to serve future development will result in ground disturbance that may impact Biologi cal Resources, Cultural Resources, Paleontological Resources, and Tribal Cultural Resources. Based on the analysis contained in this Initial Study, the Project is required to mitigate potentially significant impacts to these resources. In addition, the Project will comply with the requirements in a previously approved plan or mitigation program (including, but not limited to, water quality control plan, air quality attainment or maintenance plan, integrated waste management plan, and plans or regulations for the reduction of GHG emissions that provides specific requirements that will avoid or substantially lessen the cumulative impacts within the geographic area in which the Project is located. In conclusion, with the incorporation of mitigation identifi ed herein, the Project’s individual-level impacts would be reduced to less -than-significant levels and would not considerably contribute to cumulative impacts in the greater region. In addition, other Projects within the region would presumably be bound by their applicable lead agency to (1) comply with the all applicable federal, Packet Pg.1313 Highland Avenue and Medical Center Drive Residential Project 3.21 Mandatory Findings of Significance Initial Study/Mitigated Negative Declaration 89 state, and local regulatory requirements; and (2) incorporate all feasible mitigation measures, consistent with CEQA, to further ensure that their potentially cumulative impacts w ould be reduced to less-than-significant levels. 3.21(c) Does the Project have environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly? Determination: Less Than Significant Impact. Source: This Initial Study Checklist. Impact Analysis As evaluated throughout this Initial Study, with implementation of existing regulatory requirements such as plans, policies, or programs applied to the Project based on the basis of federal, state, or local law, the Project would not involve any activities that would result in environmental effects which would cause substantial adverse effects on human beings, either directly or indirectly. Packet Pg.1314 General Plan Amendment 21-01,Development Code Amendment (Zoning Map Amendment) 21-06, Subdivision 21-12 (Tentative Parcel Map 20494), and Development Permit Type-P 21-06 Presented by Travis Martin, Associate Planner Community & Economic Development Department Packet Pg.1315 Proposed Project: §Change the General Plan Land Use Designation from Commercial to Multiple-Family Residential and Zoning District Classification from Commercial General (CG-1) to Residential Medium (RM) for a parcel containing approximately 9.9 acres §Planned Residential Development (95 single-family residences) §South side of W. Highland Avenue, approximately 600 feet west of N. Medical Center Drive Packet Pg.1316 Aerial Map: PROJECT SITE Packet Pg.1317 Zoning Designation: PROJECT SITE Packet Pg.1318 Existing Site: Packet Pg.1319 Analysis: Detached Single-Family units §3 plan types §Santa Barbara, Cottage, and Monterey §1,702 square feet to 2,119 square feet §3 to 4 bedrooms Packet Pg.1320 Analysis: The proposed Planned Residential Development is consistent with the policies of the City’s General Plan, and complies with the standards of the City’s Development Code 1. RM density allows 12 units per acre (118 units), project proposes 10 units per acre 2. Private Open Space: 600 square feet minimum 3. Common Open Space: 23,374 square feet, 246 square feet per unit 4. 43 guest parking spaces Mitigated Negative Declaration, and Mitigation Monitoring and Reporting Program Packet Pg.1321 Site Plan: Packet Pg.1322 Floor Plans: Packet Pg.1323 Elevations: Packet Pg.1324 Elevations: Packet Pg.1325 Elevations: Packet Pg.1326 Landscaping Plan: Packet Pg.1327 Renderings: Packet Pg.1328 Renderings: Packet Pg.1329 Recommendation: Adopt Resolution No. 2022-XX adopting the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program, and approving General Plan Amendment 21-01; and Introduce for first reading, Ordinance No. MC-XXXX of the Mayor and City Council of the City of San Bernardino, California, approving Development Code Amendment (Zoning Map Amendment) 21-06; and Adopt Resolution No. 2022-XX of the Mayor and City Council of the City of San Bernardino, California, approving Subdivision 21-12 (Tentative Parcel Map 20494) and Development Permit Type-P 21-06; and Schedule the second reading of the above Ordinance to the regularly scheduled meeting of the Mayor and City Council on August 3, 2022. The Mayor and City Council: 1. 2. 3. 4. Packet Pg.1330 CALIFORNIA NEWSPAPER SERVICE BUREAU SBS# D A I L Y J O U R N A L C O R P O R A T I O N To the right is a copy of the notice you sent to us for publication in the SAN BERNARDINO COUNTY SUN. Please read this notice carefully and call us with any corrections. The Proof of Publication will be filed with the County Clerk, if required, and mailed to you after the last date below. Publication date(s) for this notice is (are): Mailing Address : 915 E FIRST ST, LOS ANGELES, CA 90012 Telephone (800) 788-7840 / Fax (800) 464-2839 Visit us @ www.LegalAdstore.com JESSICA NAMETZ SAN BERNARDINO CITY DEV SERVICE 300 NORTH D ST #300 SAN BERNARDINO, CA 92418 HRGSB NOTICE OF HEARING-SB MCC 7/20/22 07/09/2022 Publication Total $336.63 $336.63 Notice Type: Ad Description COPY OF NOTICE 3601333 !A000006056219! The charge(s) for this order is as follows. An invoice will be sent after the last date of publication. If you prepaid this order in full, you will not receive an invoice. NOTICE OF PUBLIC HEARING Notice is hereby given that the City of San Bernardino Ma yor and City Council will hold a public hearing on Wednesday,July 20,2022 at 7:00 p.m.in the Feldheym Public Library,Bing Wong Auditorium,555 W.6th Street,San Bernardino, California 92410,on the following item(s): GENERAL PLA N AMENDMENT 21-01,DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)21-06, SUBDIVISION 21-12 (T ENTA T IVE TRA CT MAP 20494)AND DEVE LOPMENT PERMIT TYPE- D 21-06 ---A request to change the General Plan Land Use Designation from Commercial to Multiple- Family Residential and the Zoning District Classification from Commercial General (CG-1)to Residential Medium (RM)of a parcel containing a total of approximately 9.9 acres;allow the subdivision of the property into ninety-five (95)single-family residential lots and nine (9)lettered lots for common facility improvements;and,allow the development and establishment of a Planned Unit Development comprised of ninety-five (95) detached single-family residences. The project site is located on the south side of W.Highland Avenue, approximately 600 feet west of N. Medical Center Drive (APN:0143- 191-59),within the Commercial General (CG-1)zone. Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 (Adoption of a Mitigated Negative Declaration)of the State CEQA Guidelines Owner:PI Properties,LLC Applicant:Wamington Residential GENERAL PLAN AMENDMENT 21-02,DEVELOPMENT CODE AMENDMENT (ZONING MAP AMENDMENT)21-07, SUBDIVISION 21-13 (T ENTAT IVE TRACT MAP 20495)AND DEVELOPMENT PERMIT TYPE- D 21-07 ---A request to change the General Plan Land Use Designation from Commercial to Multiple- Family Residential and the Zoning District Classification from Commercial General (CG-1)to Residential Medium (RM)of five (5)parcels containing a total of approximately 14.70 acres;allow the subdivision of the property into one hundred thirty-four (134)single- family residential lots and nine (9) lettered lots for common facility improvements;and,allow the development and establishment of a Planned Unit Development comprised of one hundred thirty- Packet Pg.1331 three (133)detached single-family residences.The project site is located on the northwest comer of E. Highland Avenue and N.Palm Avenue (APN(S):0285-211-05,21,22, 23,and 25),within the Commercial General (CG-1)zone. Environmental Determination: Mitigated Negative Declaration, pursuant to §15074 (Adoption of a Mitigated Negative Declaration)of the State CEQA Guidelines Owner:Various Applicant:Wamington Residential The Mayor and City Council of the City of San Bernardino welcomes your participation in evaluating these items.The Mayor and City Council will review the proposal and will consider the proposed environmental determination in making its decisions.The public is welcome to speak at the public hearing or to submit written comments prior to the hearing.For more information,please contact the City Clerk's Office by phone at (909)384-5002. If you challenge the resultant action of the Mayor and City Council in court,you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice,or in written correspondence delivered to the City Planning Division at,or prior to,the public hearing. 7/9/22 SBS-3601333# Packet Pg.1332 3 4 2 PUBLIC HEARING City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Nathan Freeman, Agency Director of Community, Housing, and Economic Development Department:Community & Economic Development (CED) Subject:Draft Fiscal Year 2022-2023 Annual Action Plan Associated with the Community Development Block Grant, HOME Investment Partnerships and Emergency Solutions Grant Programs Recommendation: 1. Conduct a public hearing on the draft Fiscal Year 2022-23 Annual Action Plan associated with the Community Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and related grant funding; and 2. Adopt the draft Fiscal Year 2022-23 Annual Action Plan as an application for funding under Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the Draft HUD Fiscal Year 2022-23 Annual Action Plan and Certification to HUD. Background As part of the City of San Bernardino’s (City) Five-Year Consolidated Plan FY 2020/2025, the City must submit to the U.S. Department of Housing and Community Development (HUD) its third-year Annual Action Plan (AAP) for FY 2022-2023. The AAP details and explains how the City intends to invest these federal funds toward meeting the City’s community development, affordable housing and homeless prevention needs. The Development of the Action Plan was aligned with the goals of the Consolidated Plan. Annual Action Plan for FY 2022-2023 includes three HUD Packet Pg.1333 3 4 2 funded programs including: CDBG: The primary objective of the CDBG program is to develop viable urban communities by providing decent housing, a suitable living environment, and expanded economic opportunities, principally for persons of low and moderate income. Jurisdictions receiving CDBG funds must use the funds to meet one of the three national objectives: 1. To benefit low and moderate-income persons; 2. To aid in the prevention or elimination of slums and blight; or 3. To meet community development needs having a particular urgency. HOME: The objectives of the program are: 1. To strengthen the ability of state and local governments to design and implement strategies for achieving adequate supplies of decent, affordable housing; 2. To provide assistance to participating jurisdictions for development of affordable housing; and 3. To strengthen partnerships among all levels of government and the private sector. ESG: The program provides funding for the: 1. Engagement of individuals and families living on the streets; 2. Improvement of homeless shelters and operation of shelters; or 3. Rapid re-housing of homeless persons and homeless prevention. In order to continue receiving an allocation under CDBG, HOME and ESG, the City is required to submit an AAP to HUD. The AAP is due to HUD no later than August 16, 2022. The Action Plan serves as the City’s grant application for the grant programs. The City of San Bernardino’s draft Fiscal Year 2022-2023 Annual Action Plan recommends projects that best meet identified community needs eligible under CDBG, HOME and ESG programs. Discussion The draft AAP covers the third-year segment of the HUD approved five-year Consolidated Plan for the City of San Bernardino. The City’s FY 2022-2023 allocation was announced by HUD on May 13, 2022. The City will be receiving $3,112,512 in CDBG funds, $1,569,520 in HOME funds and $278,068 in ESG funds. The FY 2022- 2023 allocation represents a 6% reduction for CDBG, 12.5% increase for HOME and a 4% reduction for ESG. The cause of the reduction has to do with the number of new grantees participating and eligible to receive funding. New grantees added to the program means that existing grantees will share a slightly smaller amount of the CDBG appropriation. In an average year, five to ten new communities qualify as new entitlement grantees. In some years this number may be higher. The number of new grantees can result in a reduction in a community’s allocation. A summary below identifies the recommended activities and funding levels for the FY 2022-2023 AAP. Packet Pg.1334 3 4 2 RECOMMENDED ACTIVITIES BY CATEGORY Program Category CDBG HOME ESG Category Totals 2022 Grant Fund Allocation $ 3,112,512 $1,569,520 $ 278,068 $ 4,960,100 Reprogrammed Funds $ 200,000 $ 37,512 $ 237,512 Total - 2022 Available Grant Fund $ 3,112,512 $1,769,520 $ 315,580 $ 5,197,612 Administration (maximum available)$ 622,502 $ 156,952 $ 20,855 $ 800,309 Section 108 Repayment $ 788,803 $ 788,803 Fair Housing1 $ 73,000 $ 73,000 Infill Housing $ 937,000 $ 937,000 Affordable Housing Projects $ 675,568 $ 675,568 Public Facilities $ 1,628,207 $ 1,628,207 Homeless Services $ 294,725 $ 294,725 Program Totals $ 3,112,512 $1,769,520 $ 315,580 $ 5,197,612 In summary, the public facility project being recommended consists of a street improvement project at multiple CDBG eligible locations in the City to be undertaken by the City’s Public Works Department. These streets have been selected due to the Infill Housing projects that will take place in the near future. The improvement of the streets and new housing will have a positive impact in the neighborhoods. Three of the activities, Administration, Fair Housing, and Section 108 repayment must be funded annually. 2021-2025 Strategic Targets and Goals The draft Annual Action Plan will meet Key Target No. 3: Improved Quality of Life by providing infrastructure, fair housing and business assistance in the City. Approval of the AAP will allow the City to continue to fund programs that preserve and improve the quality of the housing stock, promote homeownership, assist in small business start- up and expansion, fund infrastructure projects, and maintain a working relationship with the federal government. Fiscal Impact Approval of the draft FY 2022-2023 Annual Action Plan will not impact the General Fund. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino: 1. Conduct a public hearing on the draft Fiscal Year 2022-23 Annual Action plan associated with the Community Development Block Grant (CDBG), Home Investment Packet Pg.1335 3 4 2 Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and related grant funding; and 2. Adopt the draft Fiscal Year 2022-23 Annual Action Plan as an application for funding under Community Development Block Grant (CDBG), Home Investment Partnerships (HOME), and Emergency Solutions Grant (ESG) programs and authorize the City Manager or designee to take any further actions and execute any further documents as are necessary to effectuate the submittal of the draft HUD Fiscal Year 2022-23 Annual Action Plan and certification to HUD. Attachments Attachment 1 Exhibit A City of San Bernardino Draft FY 2022-23 Action Plan Attachment 2 Exhibit B Fiscal Year 2022-2023 Draft Action Plan Activity Recommendations Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Pg.1336 Annual Action Plan 2022-2023 1 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Executive Summary AP-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction Each year, the US Department of Housing and Urban Development (HUD) provides funding for housing and community development programs to the City of San Bernardino, specifically Community Development Block Grant (CDBG) and other federal housing funds. To receive these funds, the City must complete a report every five years called the Consolidated Plan. The Consolidated Plan is carried out through Annual Action Plans, which provide a concise summary of the actions, activities, and the specific federal and non-federal resources that will be used each year to address the priority needs and specific goals identified by the Consolidated Plans. The City is an entitlement jurisdiction and will receive the following federal grants: Community Development Block Grant (CDBG) HOME Investment Partnerships Program (HOME) Emergency Solutions Grant (ESG) 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items, or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City of San Bernardino has identified a range of housing and community development needs in accordance with the structure presented in HUD regulations 24 CFR 91.215 affordable housing, homelessness, and non-housing community development. Priority is assigned based on the level of need demonstrated by the data collected during the plan preparation, specifically in the Needs Assessment and the Market Analysis, the information gathered during the consultation and citizen participation process, and the availability of resources to address these needs. Based on these components, housing needs are considered a high priority, particularly low-income ownership housing and transitional housing with supportive services for the homeless population. Out of the top ten priority needs, the feedback from citizen participation indicated that the top four pressing concerns of the City are: Homelessness and homelessness issues (i.e., supportive housing) Access to affordable housing Street infrastructure (i.e., road maintenance and street lighting) Joblessness/job creation Packet Pg.1337 Annual Action Plan 2022-2023 2 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 The City aims to utilize their grant funds to coordinate services, programs, and projects with the goal of creating a decent and suitable living environment to benefit low- and moderate-income households and those with special needs. Priorities for the 2021-2022 Action Plan have been established in consultation with the residents of San Bernardino and the serving community organizations. Priorities Objectives/Goals The following goals outlined in the Consolidated Plan and to be implemented during the FY 22-23 Annual Action Plan are listed below and will go into further detail in section AP-20 Annual Goals: 1.Promote Economic Development: Repayment of debt service for the Arden Guthrie Project which will create 214 jobs. 2.Fair Housing: Support fair housing services, landlord/tenant mediation, and housing counseling services. 3.Expand Homeownership Opportunities: Fund construction of three (3) single family homes, city- wide where opportunities exist for infill housing for low to moderate income households whose incomes will range from 50% to 80% of Area Median Income (AMI). 4.New Affordable Housing Construction or Rehabilitation: Assist with new affordable housing construction or rehabilitation projects. 5.Improve Facilities and Infrastructure: Improve selected streets resulting from new Infill Housing projects. The following streets will be improved: 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF; 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF; Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN- 180,000 SF. Summary of some of the findings used to determine priority needs 222,101 persons reside in San Bernardino (US Census Bureau 2020) comprising of 59,770 households. Approximately 23.7% live in poverty San Bernardino County homeless count data have indicated a need to support programs that serve people experiencing homelessness. The 2020 PIT count for the City is 1,056 which accounts for 34% of San Bernardino County’s total count. City provides for and residents benefits from participating in homelessness and homelessness issues (i.e., supportive housing), access to affordable housing, street infrastructure (i.e., road maintenance and street lighting) and joblessness/job creation. The creation City uses CDBG funds for public services, public facilities and improvements, housing activities, and planning and administrative costs. The CDBG program’s primary objective is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low and moderate income. Funds can be used for a wide array of activities, including housing rehabilitation, homeownership assistance, Packet Pg.1338 Annual Action Plan 2022-2023 3 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Preserve and rehabilitate existing single-family dwellings – The Owner-Occupied Housing Rehabilitation Program provided financial assistance to income-qualified, San Bernardino homeowners for repairs to their homes. The program serviced five owner occupied Housing Rehabilitation projects. Expand Homeownership opportunities and assist homebuyers with the purchase of affordable housing In FY 21-22, the City completed the construction on Three (3) homes on an infill lot to create affordable housing opportunities. This program improves neighborhoods by utilizing vacant and blighted lots for new owner-occupied housing. The City and their CHDO partner, Neighborhood housing Partnership Services, are marketing these affordable units for sale to households at 50% to 80% of AMI for the County of San Bernardino. Provide Supportive Services - Homeless / Non-Homeless Special Needs - In FY 21-22, the City utilized HOME program income for the Arrowhead Grove, formerly known as Waterman Gardens Public Housing Community, for phase 2 of the multi-phase Rental Assistance Demonstration (RAD) project. Phase two entails the building of 147 affordable units for mixed-income family apartments to households with 30% to 60% of AMI. Promote Economic Development - In partnership with the Inland Empire Small Business Development Center, the City promoted and hosted small business/entrepreneur workshops. 12 San Bernardino small businesses were assisted. Due to the COVID-19 pandemic, workshops had to be postponed. Improve Public Facilities and Infrastructure - In FY 21-22, the City worked on the following projects which are expected to be completed by September of 2022: 532 Ramona Avenue (Ward 1); 2129 Wall Avenue (Ward 2); 938 N. G Street (Ward 2); 140 W. 13th Street (Ward 2); 2060 E. 18th Street (Ward 7); Grape Street (Walnut and Mill) (Ward 3); and Davidson Avenue (Baseline to 14th) (Ward-6). Fair Housing - The Inland Fair Housing and Mediation Board provided landlord-tenant counseling and other fair housing services to eliminate identified impediments to fair housing through education, enforcement, and testing to approximately 3,300 persons in the City. Planning and Administration: Provided funds for planning and administration of CDBG, HOME and ESG. Packet Pg.1339 Annual Action Plan 2022-2023 4 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Provide rental assistance and preserve existing affordable rental housing - In FY 21-22, 105.4 units were monitored and 75.8 were physically inspected to ensure units remained affordable and habitable. Expand the affordable housing inventory through new construction - In FY 21-22, the fourth phase of construction commenced on the site of the former Waterman Gardens Public Housing community (now called Arrowhead Grove), which resulted in a total of 184 mixed-income family apartments. Arrowhead Grove will provide 147 affordable one- to four-bedroom family units with an additional 35 market-rate units interspersed across the site and two units for property managers. In addition to the new units constructed, a new traffic signal and bus shelter were installed. 4. Summary of Citizen Participation Process and consultation process The development of the action plan was aligned with the goals of the Consolidated plan. To solicit public input during the development of the Consolidated Plan, the City conducted the following meetings: Virtual Community Workshop. Stakeholder Interviews; and Online Survey. The Action Plan will be discussed in a publicly noticed meeting where opportunity for public comment is provided. The first public hearing for the draft FY 22-23 Annual Action Plan to City Council was held on June 15, 2022. The draft plan will be made available for public review between June 15, 2022, and July 20, 2022 on the City's website. The public review period for the Draft 2022-23 Action Plan will be published in the Sun (English), and El Chicano (Spanish). 5. Summary of public comments The top three infrastructure needs that were identified in the Consolidated Plan were street improvements, street lighting, and tree planting/urban greenery. City-facility needs identified were community centers, park and recreational facilities, and youth centers. For housing needs, the top three identified were: 1. First-time home buyer assistance 2. Owner-occupied rehabilitation 3. Renter-occupied housing rehabilitation Respondents also identified two primary homeless needs: 1. Permanent supportive housing with social services 2. Transitional housing (short-term up to 6 months Packet Pg.1340 Annual Action Plan 2022-2023 5 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 6. Summary The City has taken diligent and good faith efforts to reach all segments of the community that may benefit from the City’s CDBG, HOME, and ESG programs. PR-05 Lead & Responsible Agencies – 91.200(b) Packet Pg.1341 Annual Action Plan 2022-2023 6 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 PR-05 Lead & Responsible Agencies – 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan Describe the agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency Lead Agency CDBG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA Administrator HOME Administrator SAN BERNARDINO Community and Economic Development Department ESG Administrator SAN BERNARDINO Community and Economic Development Department HOPWA-C Administrator Table 1 – Responsible Agencies Narrative (optional) The City’s Community and Economic Development Department administers, implements, and monitors activities and projects funded through the federal grants. The Community and Economic Development Department is responsible for developing and carrying out the priorities and goals established in the Consolidated Plan. In addition, the Department works collaboratively with the Public Works Department, City Parks and Recreation Department, City Manager’s Office, City Council, and the CDBG Ad Hoc Committee to develop goals and priorities for the current year that is aligned with the Consolidated Plan and address the needs of the residents of San Bernardino. Consolidated Plan Public Contact Information For matters concerning the City of San Bernardino’s CDBG, HOME, and ESG programs, please contact: the Finance Department, Marim Fam, at 201 N E Street, 3rd Floor, San Bernardino, CA 92418, telephone: (909) 384-5345 or via email at fam_ma@sbcity.org. Packet Pg.1342 Annual Action Plan 2022-2023 7 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Packet Pg.1343 Annual Action Plan 2022-2023 8 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 AP-10 Consultation – 91.100, 91.200(b), 91.215(l) 1. Introduction The City views the Consolidated Plan and Annual Action Plan as an opportunity to engage the community in the CDBG, HOME, and ESG investment process. The City encourages their residents to voice their needs and concerns regarding homelessness, affordable housing, and community development. All members of the public, especially those living in low- and moderate-income neighborhoods, are encouraged to participate in the planning stages. The goal of the consultation process was to gather data to help determine the priority needs. The City also coordinates and collaborates with various service providers to identify specific needs or certain vulnerable populations. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)) The City has been working in partnership with the Housing Authority of the County of San Bernardino (HACSB) and County Community Development and Housing Agency to redevelop 251 units of public housing at the former Waterman Gardens public housing project (now known as Arrowhead Grove). The City is also working in partnership with National CORE, an Inland Empire CHDO, and the Housing Authority of the County of San Bernardino in the development of Arrowhead Grove. The City partners with Neighborhood Partnership Housing Services (NPHS), a CHDO, for the administration of an owner-occupied, single family rehabilitation program. Housing Partners I, also a CHDO, and NPHS partners with the City to build new single family, ownership housing on vacant and blighted lots throughout the city, in order to increase homeownership among households at and below 80% of Area Median Income. The City coordinates with the County Department of Behavioral Health (DBH) in an ongoing exchange of information and resources available to persons who are experiencing homelessness and mental health crises. The City has also partnered with DBH in the Golden Apartments project where DBH provides the case management services for the formerly homeless residents who live with mental illness. The City has also been working on investment strategies for housing and health with Dignity Health. Dignity Health’s Community Investment program provided a $1.2 million dollar loan for the construction (which is currently underway) of Arrowhead Grove Phase 3, which will result in the construction of a 184 mixed income development, with 147 units reserved for low-income households. The City has been consulting with the Housing Authority of the County of San Bernardino and the Community Development and Housing Agency of the County of San Bernardino concerning lead- Packet Pg.1344 Annual Action Plan 2022-2023 9 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 based paint hazards as it relates to rehabilitation of owner-occupied single-family homes. The City has also consulted with HUD’s environmental office regarding lead-based paint and staff attended the most recent lead-based paint training provided onsite at the HUD Los Angeles office. The City has been in coordination with the San Bernardino Unified School District with their Uplift San Bernardino initiative. Uplift San Bernardino is focused on the future of the youth community, such as launching the future workforce into local jobs; ignite Upward Mobility in the community; convene leadership work groups to change systems & policies; effectively inspire community voice & engagement to inform better decisions & increase access to opportunities especially for youth; create shared understanding of issues & opportunities based on research & data; mobilize people and resources to fill in gaps identified between systems and promote accountability through a transparent history of Uplift’s decisions, progress, & learning. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. The City recognizes the needs to address people experiencing homelessness, particularly the chronically homeless populations. The City collaboratively works with four entities throughout the County of San Bernardino. The following entities are: 1) Interagency Council on Homelessness 2) Homeless Provider Network 3) Central Valley Steering Committee 4) San Bernardino County Behavioral Health Administration, Office of Homeless Services These entities comprise of policy-making bodies, advisory groups of faith-based and non-profit housing organizations, collaborative organization among City jurisdictions, and committees established specifically to assist those experiencing homelessness. The “10-Year Strategy to End Homelessness in San Bernardino County” guides the actions and serves as a blueprint to end homelessness in the County of San Bernardino. Concurrently, the City of San Bernardino also actively participates in the Continuum of Care (CoC) and is fully supportive of the objectives of the 10-Year Strategy to End Homelessness in San Bernardino County plan. Bessine Richard represents the City on the board of the Interagency Council on Homelessness. The City’s Police Department support and participates in the Point-in-Time (PIT) Homeless County. The Community & Economic Department requires their ESG subrecipients to participate in the CoC’s Homeless Management Information System (HMIS). This software application is designed to collect client-level data and data on the provision of housing and services to homeless individuals, families, and person at-risk of Packet Pg.1345 Annual Action Plan 2022-2023 10 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 homelessness. Lastly, the City funds four organizations through the ESG programs that provide street outreach, emergency shelter, homeless prevention services, rapid rehousing and HMIS. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS The City closely works with the CoC and attends its regularly scheduled meetings and trainings in the area of homelessness. The City consults with the Interagency Council on Homelessness (ICH), which has not less than one former homeless member, in regard to funding recommendations. The discussions at the ICH meetings are comprised of updates on HMIS and a monthly data quality report is provided illustrating the number of clients enrolled in the non-profit organizations using HMIS. The updates are helpful in evaluating the outcomes of projects and activities assisted with ESG. Other topics of discussion include presentations to the Office of Homeless Services on activities from the San Bernardino County Reentry Collaborative regarding workshop meetings to discuss updating their strategic plan, and a Community Recidivism Reduction Program. A Veterans Initiative from the Housing Authority of the County of San Bernardino (HACSB) has continued to develop creative and effective ways to address the needs of the County’s homeless veterans. Over the past year, HASCB, along with the support and efforts of our affiliate non-profits, KEYS and HP1 Inc., has created housing opportunities for homeless veterans. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdiction’s consultations with housing, social service agencies and other entities Packet Pg.1346 Annual Action Plan 2022-2023 11 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Table 2 – Agencies, groups, organizations who participated Agency/Group/Organization Dignity Health St Bernardine Medical Center Agency/Group/Organization Type Health Agency Major Employer What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 1 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of City of San Bernardino and participated in a community workshop. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization Neighborhood Partnership Housing Services, Inc. (NPHS) Agency/Group/Organization Type Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs 2 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing and infrastructure investment in the community. Agency/Group/Organization Lutheran Social Services Southern California Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 3 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community Packet Pg.1347 Annual Action Plan 2022-2023 12 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Agency/Group/Organization Housing Authority of the County of San Bernardino Agency/Group/Organization Type Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth 4 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The organization was interviewed by the City of San Bernardino. The anticipated outcomes are increased commitment to affordable housing/economic investment in the community. Agency/Group/Organization SAN BERNARDINO Agency/Group/Organization Type Other government - Local What section of the Plan was addressed by Consultation? Hazard Mitigation & Local 5 Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Public Works Department has an ongoing internal coordination process with the Housing Department for projects and plans funded through CDBG. The coordination provides the City with input regarding hazard mitigation and a continued open channel with resilience agencies (agencies whose primary responsibilities include the management of flood prone areas, public land or water resources and emergency management agencies) in the development of its plan. The IT Department has an ongoing coordination process with the Housing Department for projects and plans funded through CDBG. The internal coordination provides the City with input regarding broadband (broadband internet service providers, organizations engaged in narrowing the digital divide) in the development of its plan. Packet Pg.1348 Annual Action Plan 2022-2023 13 OMB Control No: 2506-0117 (exp. 09/30/2021) 4 2 6 Identify any Agency Types not consulted and provide rationale for not consulting No agency types were excluded from engagement. For future planning processes, the City will make a special effort to include specified organizations that provide a wide range of services to the residents of San Bernardino. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care Alliance Potential funding allocations to address homeless needs will complement the COC Strategy. 10-Year Strategy to End Homelessness Continuum of Care Alliance Funding allocations to address homeless needs will be consistent with the 10-Year Strategy to End Homelessness. City of San Bernardino 2013-2021 Housing Element City of San Bernardino Department of Community Development Potential funding allocations to address housing needs that will complement the 2013-2021 Housing Element Housing Authority County of San Bernardino (HACSB) Housing Authority County of San Bernardino (HACSB) The City will support HACSB's efforts on public housing and the ongoing partnership on Waterman Gardens Table 3 – Other local / regional / federal planning efforts Narrative (optional) During the preparation of the Consolidated plan, City staff, along with assistance from their consultant, worked to engage a wide array of residents and stakeholder for the community outreach process. The City engaged residents and stakeholders through a community survey, stakeholder interviews, and community meetings. Various service providers, such as Health Agencies and Homeless Service providers, were included. Stakeholders and residents provided feedback on priorities, housing problems and possible solutions. They were asked to provide input on how the City should spend their CDBG, HOME and ESG funding. Packet Pg.1349 Annual Action Plan 2022-2023 14 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation – 91.105, 91.200(c) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting The City published will notice for public hearings and 30-day public review of the FY 2022-2023 Annual Action Plan in El Chicano and the San Bernardino Sun. The report will be made available on the City’s website at the Community and Economic Development Department. In addition, notification of the Virtual Community Workshop was posted to the City’s social media account. Packet Pg.1350 Annual Action Plan 2022-2023 15 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Sort Order Mode of Outreach Target of Outreach Summary of Response / attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 1 Newspaper Ad Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Residents of Public and Assisted Housing Low Income persons No responses were received. No responses were received. Because comments were not received there is no summary of comments not accepted. http:iecn.com/newspaper s/el-chicano/ https://www.sbsun.com Packet Pg.1351 Annual Action Plan 2022-2023 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of Response / attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 2 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing No responses were received. No responses were received. Because comments were not received there is no summary of comments not accepted. www.sbcity.org/housing Packet Pg.1352 Annual Action Plan 2022-2023 17 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Mode of Outreach Target of Outreach Summary of Response / attendance Summary of Comments received Summary of comments not accepted and reasons URL (If applicable) 3 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Persons with disabilities Non- targeted/broad community Residents of Public and Assisted Housing members of the public attended the July 20, 2022 public hearing. TBD TBD Table 4 – Citizen Participation Outreach Packet Pg.1353 Annual Action Plan 2022-2023 18 OMB Control No: 2506-0117 (exp. 09/30/2021)Packet Pg.1354 Annual Action Plan 2022-2023 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources – 91.220(c)(1,2) Introduction San Bernardino, like many other jurisdictions is faced with the challenging task of meeting increasing needs with fluctuating and/or decreasing federal and state resources. The figures shown in the Anticipated Resources table below reflect HUD's current allocation. The figure for "Expected Amount Available for Remainder of Con Plan" anticipates the level of funding using the current year allocations and projecting those allocations over the remaining years covered by the Consolidated Plan. If there are any cuts to the City's allocation over the coming years, the City will adjust this figure accordingly and prepare the Annual Action Plans reflective of the funding reality. Anticipated Resources Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 3,112,512 0 0 3,112,512 6,400,000 Funding for program year 2021 includes the City’s HUD allocation, estimated program income, and prior year resources. Packet Pg.1355 Annual Action Plan 2022-2023 20 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description HOME public - federal Acquisition Homebuyer assistance Homeowner rehab Multifamily rental new construction Multifamily rental rehab New construction for ownership TBRA 1,569,520 200,000 0 1,769,520 2,900,000 The City plans to invest its HOME dollars affordable housing projects; Infill Housing Program (homeownership) Packet Pg.1356 Annual Action Plan 2022-2023 21 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Amount Available Year 1ProgramSource of Funds Uses of Funds Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ Expected Amount Available Remainder of ConPlan $ Narrative Description ESG public - federal Conversion and rehab for transitional housing Financial Assistance Overnight shelter Rapid re-housing (rental assistance) Rental Assistance Services Transitional housing 278,068 37,512 0 315,580 560,000 ESG monies will fund subrecipients to assist people experiencing homelessness with Emergency Shelter (ES), HMIS, Motel Vouchers, Rapid Re- Housing, Rental Assistance, Homelessness Prevention (HP) and Financial Assistance. Table 5 - Expected Resources – Priority Table Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied The City will focus on leveraging its federal resources with state, local, and private capital in order to develop quality and decent affordable housing for San Bernardino residents. Additional funds to serve the needs of lower- and moderate-income residents were derived from a variety of other sources, including: Packet Pg.1357 Annual Action Plan 2022-2023 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Federal Resources Section 8 Housing Choice Voucher Program Federal Low-Income Housing Tax Credit Program Tax Exempt Bond Financing Community Investment Funds from Dignity Health State Resources Tax Exempt bonds State Low-Income Housing Tax Credit Program No Place Like Home Community Reinvestments Funds Permanent Local Housing Allocation (PLHA) from California State Department of Housing Veteran Housing and Homeless Prevention Program Local Resources San Bernardino County Continuum of Care Housing Authority of San Bernardino County (HACSB) Private Resources Dignity Health San Manuel Band of Mission Indians San Bernardino Unified School District City of San Bernardino Successor Housing Agency Packet Pg.1358 Annual Action Plan 2022-2023 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Per HUD regulations, ESG recipients must match 100 percent of their ESG annual allocation. For those organizations that received ESG funds, agencies met the match requirement through utilization of volunteerism, in-kind contributions, and funds from other local, state, and federal programs. In addition, HUD requires HOME recipients to match 25 percent of their HOME annual allocation. In accordance with 24 CFR 92.222, when a local jurisdiction meets one of the distress criteria, it is determined to be in fiscal distress and receives a 50 percent reduction of match. The FY 2021- 2022 match reductions are not available as of date of this writing. However, in FY 2022-2023, the City received a 100 percent match reduction due to severe fiscal distress. The City of San Bernardino will continue to leverage its HOME funds with other housing resources as required. Any funds that are used in a HOME activity in excess of the required match will be documented by the City and reported to HUD as part of the Consolidated Annual Performance and Evaluation Report each year. Packet Pg.1359 Annual Action Plan 2022-2023 24 OMB Control No: 2506-0117 (exp. 09/30/2021) If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan With the dissolution of the redevelopment agency, successor agencies with real property assets are required to dispose of the properties pursuant to the City’s Long-Range Property Management Plan or Housing Asset Transfer (HAT) Plan. The Successor Agency has transferred all property listed on the Housing Asset Transfer list to the City as the Successor Housing Agency. The City will determine the development and/or disposition of these properties in the following months. Discussion The Housing Successor Agency has a disposition plan for the parcels and the City will retain some for economic development purposes, sell a number of the parcels and retain others for housing. The majority of the properties are single family parcels that the city intends to utilize for the construction of single- family ownership housing. Packet Pg.1360 Annual Action Plan 2022-2023 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Promote Economic Development 2020 2025 Economic Development CityWide Promote Economic Development CDBG: $788,803 Jobs created/retained: 214 Jobs Businesses assisted: 20 Businesses Assisted 2 Fair Housing 2020 2025 Non-Housing Community Development CityWide Fair Housing CDBG: $73,000 Public service activities other than Low/Moderate Income Housing Benefit: 2700 Persons Assisted 3 Expand Home Ownership 2020 2025 Affordable Housing CityWide LMI Areas of the City Expand Home Ownership HOME: $937,000 Homeowner Housing Added: 3 Household Housing Unit 4 New Affordable Housing Projects 2020 2025 Affordable Housing LMI Areas of the City Expand Home Ownership Opportunities HOME: $675,568 Expand Homeownership opportunities: 15 Households Assisted 5 Improve Facilities and Infrastructure 2020 2025 Non-Housing Community Development CityWide Improve Facilities and Infrastructure CDBG: $1,628,207 Public Facility or Infrastructure Activities other than Low/Moderate Income Housing Benefit: 1500 Persons Assisted Packet Pg.1361 Annual Action Plan 2022-2023 26 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 6 Provide Homeless and Homeless Prevention Services 2020 2025 Homeless CityWide Provide Homeless and Homeless Prevention Services ESG: $315,580 Public service activities other than Low/Moderate Income Housing Benefit: 612 Persons Assisted 7 Planning and Administration 2020 2025 Program administration funds CityWide Planning and Administration CDBG: $622,502 HOME: $156,952 ESG: $20,855 Other: 1 Other Table 6 – Goals Summary Goal Descriptions Goal Name Promote Economic Development1 Goal Description Section 108 Loan Repayment: Debt service repayment for Arden Guthrie Project. The project will create 214 jobs. Goal Name Fair Housing2 Goal Description Eliminate identified impediments to fair housing through education, enforcement, and testing. Assist 2,700 households. Goal Name Expand Home Ownership3 Goal Description Infill Housing Project to create a total of six (6) new houses throughout San Bernardino and will also include down payment assistance for first-time homebuyers between 70%-80% AMI. Packet Pg.1362 Annual Action Plan 2022-2023 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal Name New Affordable Rental Housing4 Goal Description Create new affordable rental units Goal Name Improve Facilities and Infrastructure5 Goal Description The City has proposed to fund Citywide Pavement Rehabilitation at these locations: 10th Street between F street and G street - Ward 1 49th Street between Sepulveda Avenue and End. - Ward 4 Rialto Avenue from Mt. Vernon and Muscott - Ward 3 Goal Name Provide Homeless and Homeless Prevention Services6 Goal Description Provide funding to assist homeless individuals and those with special needs with supportive services; includes funding for emergency shelters, rapid rehousing, homelessness prevention, street outreach, and HMIS costs. 612 persons to be assisted. Goal Name Planning and Administration7 Goal Description The City will implement the goals and objectives of the Consolidated Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Consolidated Plan regulations and CDBG, HOME and ESG regulations. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. Packet Pg.1363 Annual Action Plan 2022-2023 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Projects AP-35 Projects – 91.220(d) Introduction With its CDBG, HOME, and ESG funds, the City of San Bernardino will fund FY2022-2023 eligible projects in the following categories: promote economic development, fair housing, expand homeownership opportunities, new affordable rental housing, improve public facilities and infrastructure, provide supportive services to homeless individuals and those with special needs, and program planning and administration. Projects #Project Name 1 Section 108 Repayment Program - Promote Economic Development 2 Street Improvements 3 Fair Housing 4 Infill Housing Project 5 New Affordable Housing Projects 6 Arrowhead Grove - Phase 4 7 Homeless Services 8 Planning and Administration, CDBG, HOME, ESG Table 7 - Project Information Describe the reasons for allocation priorities and any obstacles to addressing underserved needs These project and activity priorities have been identified by the community input received and based on the identified needs of the City. The primary obstacle in addressing the underserved needs is the insufficient resources to meet the ongoing needs of individuals, especially those with special needs such as individuals experiencing homelessness. Packet Pg.1364 Annual Action Plan 2022-2023 29 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Packet Pg.1365 Annual Action Plan 2022-2023 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Project Name Section 108 Debt Repayment Program - Promote Economic Development Target Area LMI Areas of the City Goals Supported Promote Economic Development Needs Addressed Promote Economic Development Funding CDBG: $788,803 Description Section 108 Loan Repayment Program in order to pursue physical and economic revitalization that will provide jobs. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities 214 individuals will benefit from this proposed activity. Location Description 17.43 acre commercial property located along Highland Avenue between Arden Street and Guthrie Street in the City of San Bernardino. 1 Planned Activities The City has moved forward with the sale of the property and using Section 108 loan for the repayment of the Arden Guthrie Project. Project Name Street Improvements Target Area LMI Areas of the City Goals Supported Improve Facilities and Infrastructure Needs Addressed Improve Facilities and Infrastructure Funding CDBG: $1,628,207 Description Three (3) streets have been identified for sidewalk replacement and ADA accessibility improvements. Target Date 6/30/2023 2 Estimate the number and type of families that will benefit from the proposed activities Area with an average income level of 30% to 50% of AMI will benefit of the improvements made to these streets. Packet Pg.1366 Annual Action Plan 2022-2023 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Location Description The City has proposed to fund Citywide Pavement Rehabilitation. 1. 10th between F Street and G Street (1st Ward)- multiple APN- 30,000 SF 2. 49th Street between Sepulveda Avenue and End (4th Ward)- Multiple APN- 65,000 SF 3. Rialto Avenue from Mt. Vernon and Muscott to Bridget (3rd Ward) Multiple APN-180,000 SF Planned Activities Street improvements and ADA compliance. Project Name Fair Housing Target Area CityWide Goals Supported Fair Housing Needs Addressed Fair Housing Funding CDBG: $73,000 Description Inland Fair Housing Mediation Board will provide activities that will assist the City in furthering fair housing. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities This program will benefit approximately 2,700 Low/Moderate Income Households/Tenants. Location Description Citywide 3 Planned Activities IFHMB will provide investigation, education, reconciliation, and/or referral of housing discrimination complaints free of charge in the City of San Bernardino. IFHMB offers workshops to educate housing providers, tenants, homeowners, and financial and lending institutions on fair housing laws. Project Name Infill Housing Project Target Area CityWide Goals Supported Expand Home Ownership 4 Needs Addressed Expand Home Ownership Packet Pg.1367 Annual Action Plan 2022-2023 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Funding HOME: $937,000 NPHS: $455,000 MECH: $182,000 ($105,000 new request + $77,000 from HOME reprogramed funds) Down payment assistance: $300,000 Description Infill Housing Project construction of new houses by two developers – Mary Erickson Community Housing (MECH) and Neighborhood Partnership Housing Services (NPHS). Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities The program will create 6 new houses. Additionally, three homebuyers with AMI’s between 70%-80% will receive down payment assistance up to $100,000 each to purchase one of three infill homes. Location Description Citywide Planned Activities Construction Project Name Planning and Administration, CDBG, HOME, ESG Target Area CityWide Goals Supported Planning and Administration Needs Addressed Planning and Administration Funding CDBG:$622,502 HOME: $156,952 ESG: $20,855 Description The City will implement the goals and objectives of the Action Plan by delivering a variety of housing and community development programs and activities. The City will also continue to comply with the planning and reporting requirements of the Action Plan regulations and CDBG, HOME and ESG regulations. Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. Annually, the City will monitor its use of CDBG, HOME and ESG funds to ensure effective and appropriate use of funds. 5 Target Date 6/30/2023 Packet Pg.1368 Annual Action Plan 2022-2023 33 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities N/A Location Description Citywide Planned Activities Grant and Project Management Project Name Affordable Housing Projects Target Area CityWide Goals Supported Affordable Housing Needs Addressed Affordable Housing Funding HOME: $675,568 Description Construction of Single-Family homes and loans for rehabilitation of single family homes. Applicant incomes are to be at or below 80% of Area Median Income. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities At or below 80% of Area Median Income. Location Description Location has not been determined. However, the project will take place within the City of San Bernardino. Once the location has been selected and approved, staff will notify HUD. 6 Planned Activities Construction of Permanent Supportive Housing (PSH) project for very low to low income residents Project Name Homeless Services - Provide Supportive Services and ESG Administration Target Area Citywide Goals Supported Provide Supportive Services Needs Addressed Homeless Funding ESG: $294,725 Description Assist homeless and special needs populations with supportive services. Funding for various Emergency Solutions Grant Program Projects to include Emergency Shelter, Rapid Rehousing, Homelessness Prevention, Street Outreach and HMIS costs. 7 Target Date 6/30/2023 Packet Pg.1369 Annual Action Plan 2022-2023 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Estimate the number and type of families that will benefit from the proposed activities Approximately 300 persons at very low income to zero income will benefit from the proposed activities. Location Description Citywide Planned Activities Homeless supportive services Packet Pg.1370 Annual Action Plan 2022-2023 35 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution – 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City will use its funding for FY 2022-2023 to fund a variety of housing, community development, economic development, and capital improvement projects. The majority of federal funds will be used to finance projects targeting low- to moderate-income individuals and families throughout the City. CDBG Benefit Service Areas are defined as geographic locations within the City of San Bernardino where 51 percent or more of the households in those areas are low- to moderate-income. The City of San Bernardino has become increasingly diverse in its racial and ethnic makeup. Over the past decades the City has seen a shift from a non-Hispanic, White majority to a Hispanic Origin majority. According to the U.S. 2020 Census, approximately 66.2 percent of the population is of Hispanic Origin, 14.4 percent is Non-Hispanic, White, 13.2 percent is Black, and 4.1 percent is Asian, and 8.1 percent is comprised of two or more races. See attached maps in the Action Plan document as a reference to the geographic distribution. Geographic Distribution Target Area Percentage of Funds CityWide 100 CDBG Eligible Census Tract and Block Group 100 Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The funding available under the 2022-2023 Action Plan may be used to meet a variety of community development and housing needs. As part of the development of the 2022-2023 Action Plan, the City established priority needs based on an in-depth analysis of the several factors housing, homelessness, poverty, special needs, lead hazards, institutional structure, etc. The City will utilize its federal funding to pursue goals and objectives listed in the section “AP-20 Annual Goals and Objectives” of this document. The City’s primary intent is to spend its CDBG funds in predominantly low-income neighborhoods where residents have the greatest need for housing/services. Discussion As noted previously, the City does not allocate funds on a geographic basis, instead, funds are allocated to organizations that provide low-income households with housing and supportive services. On an annual Packet Pg.1371 Annual Action Plan 2022-2023 36 OMB Control No: 2506-0117 (exp. 09/30/2021) basis, the City prioritizes the use of its CDBG funding for housing and community development activities, including preservation and conservation of affordable housing and activities that serve low- and moderate-income households. Public improvements and public facilities are qualified as benefitting low- and moderate-income persons. Activities identified under the public service category and targeted to special needs populations are offered on a citywide basis and/or where resources can be coordinated with existing facilities or services. The City of San Bernardino does not have any Neighborhood Revitalization Strategy Areas (NRSA) within its City’s boundaries. Packet Pg.1372 Annual Action Plan 2022-2023 37 OMB Control No: 2506-0117 (exp. 09/30/2021) Affordable Housing AP-55 Affordable Housing – 91.220(g) Introduction As a reflection of the Housing Needs Assessment of the 2020-2024 Consolidated Plan, housing problems within the City of San Bernardino include: 1) Units with physical defects; 2) overcrowded conditions; and 3) housing cost burden. The City will use CDBG and HOME funds to pursue three affordable housing goals: 1) Preserve and Rehabilitation Housing, 2) Expand Home Ownership Opportunities Preserve and Rehabilitate Housing Approximately 67 percent of both owner-occupied housing (18,125) and rental units (20,735) were built prior to 1980. In general, housing begins to require major repairs after 30 or 40 years of age. Those repairs could include important health and safety repairs such as for heating/air systems, roof, kitchen appliances, bathroom or kitchen plumbing, and insulation. Many low- to moderate-income households may be unable to afford these needed repairs. In the City of San Bernardino, substandard housing conditions may consist of the following: structural hazards, poor construction, inadequate maintenance, faulty wiring, plumbing, fire hazards, and inadequate sanitation. Substandard units suitable for rehabilitation are those units where the total rehabilitation costs do not exceed 25 percent of the after-rehabilitation value (Data Source: 2011-2015 ACS). Expand Home Ownership Opportunities There is a need for affordable housing in San Bernardino. The most prevalent housing problems within the City is cost burden and overcrowded conditions. San Bernardino has a population of 214,115 persons and a total of 57,547 households. Nearly 59 percent of households in San Bernardino (33,760 total) qualify as low- to moderate-income, earning up to 80 percent of HUD Area Median Family Income (HAMFI). Families who pay more than 30 percent of their income for housing are considered cost burdened and may have difficulty affording necessities such as food, clothing, transportation, and medical care. Overcrowded conditions exist when more people are living within a single dwelling than there is space for, so that movement is restricted, privacy is compromised and levels of stress increase. Low-moderate income (LMI) renter households experience housing problems at a higher rate (60 percent) than LMI owner households (44 percent). Many of San Bernardino’s extremely low-income households (42 percent) are small families (four persons or less), which shows a need for smaller (one, two, or three bedroom) affordable housing units. The City’s housing market has increased over the past few years. In 2015, the median income in the City Packet Pg.1373 Annual Action Plan 2022-2023 38 OMB Control No: 2506-0117 (exp. 09/30/2021) was $37,047, a 16 percent increase, with an MHV of $159,800, which would make most homeowners cost burdened. In 2020, the median income in the City was $49,287, a 18 percent increase, with an MHV of $272,600, which would make most homeowners cost burdened. Based on the 2015-2019 ACS, the median income would be sufficient for a renter to afford $1,059 in housing costs per month, which includes rent and utilities, and not be cost burdened; 37 percent of the City’s renter population pays $999 or less per month. One Year Goals for the Number of Households to be Supported Homeless 600 Non-Homeless 349 Special-Needs 0 Total 949 Table 9 - One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 600 The Production of New Units 349 Rehab of Existing Units 0 Acquisition of Existing Units 0 Total 949 Table 10 - One Year Goals for Affordable Housing by Support Type Discussion Introduction continued: Provide Assistance to Renter Households The City has a significant inventory of publicly assisted rental housing affordable to low-income households. Eighteen affordable rental housing developments in the City offer income/rent restricted housing for approximately 2,205 very low-income households. A total of 15 projects, with a combined total of 1,627 affordable units, are at risk of losing their affordability status. HACSB does not anticipate losing affordable housing units due to expiration of contracts in the next five years. These projects are technically considered at risk of converting to market-rate housing. However, most of these projects are non-profit owned senior housing which will receive priority for rental of subsidy contracts with HUD. Therefore, it is unlikely that the projects will convert to market-rate housing. Nonetheless, the City will periodically reach out to owners of assisted projects to understand their intentions for opting out of the Housing Choice Voucher Program or pursuing financial restructuring in Packet Pg.1374 Annual Action Plan 2022-2023 39 OMB Control No: 2506-0117 (exp. 09/30/2021) order to extend the terms of affordability. The City also will continue to work with qualified Community Housing Development Organizations (CHDO) to acquire and construct or rehabilitate multifamily housing as long-term affordable housing for lower- income households. Discussion: The table “One Year Goals for the Number of Households to be Supported” consists of 349 non-homeless households to be supported. New Infill Housing construction of three (3) for-sale single family homes citywide is planned (incomes will range from 50% to 80% of Area Median Income (AMI)). Packet Pg.1375 Annual Action Plan 2022-2023 40 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-60 Public Housing – 91.220(h) Introduction Public housing and other assisted housing programs are crucial elements of the City’s efforts to address affordable housing needs of low- and moderate-income families, senior citizens, disabled individuals, and other individuals. The City falls within the jurisdiction of the Housing Authority of the County of San Bernardino (HACSB). This agency administers the Housing Choice Voucher Program, which provides rental assistance to eligible residents of San Bernardino by providing monthly rental assistance to participants who want to rent from a private landlord but cannot afford the full monthly rental payment. The Housing Choice Voucher program is funded by the U.S. Department of Housing and Urban Development (HUD). In 2019, the latest year for which data is available, HACSB provided 10,798 housing choice vouchers throughout San Bernardino County, assisting 25,331 individuals. Of those 10,798 housing choice vouchers, 2,694 were issued to San Bernardino City residents. The City will continue to support the efforts of HACSB in the administration of the Housing Choice Voucher and maximize the use of those funds and other resources in San Bernardino. Actions planned during the next year to address the needs to public housing To assist HACSB in addressing public housing needs, the City will do the following: Monitor At-Risk Units The City will maintain contact with the owners of at-risk units, encourage the owner to keep the at-risk units affordable and utilize, if feasible, local incentives to preserve any at-risk units. Support and Assist Local Non-Profit Organizations In order to develop or preserve the City’s affordable housing stock, the City will provide technical and/or financial assistance to local non-profit organizations that provide affordable housing. Actions to encourage public housing residents to become more involved in management and participate in homeownership Because the City does not own any public housing units, the City has not taken efforts to encourage public housing residents to become more involved in management and participate in homeownership. However, the City collaborates with the Housing authority of the County of San Bernardino to encourage public housing residents to contribute and participate in the management and HACSB has a homeownership program for residents of public housing. Packet Pg.1376 Annual Action Plan 2022-2023 41 OMB Control No: 2506-0117 (exp. 09/30/2021) As for homeownership opportunities, the City has initiated an 750 Housing Program that will acquire distressed properties within San Bernardino, rehabilitate them and sell them to income qualified homebuyers. The City will work with HACSB, to identify any households who may be eligible for the Housing Choice Voucher Program. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance The Housing Authority of the County of San Bernardino has not been designated as troubled. Actually, it has a moving to work designation which is a designation that a limited number of PHAs across the country have. Discussion There is no discussion relative to the designation of the county PHA. Packet Pg.1377 Annual Action Plan 2022-2023 42 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-65 Homeless and Other Special Needs Activities – 91.220(i) Introduction According to the San Bernardino County 2020 Homeless PIT Count, there were 1,056 homeless persons in the City. A total of 183 individuals were sheltered, 50 in transitional housing, and 823 were unsheltered. To address this issue, the City will allocate approximately $294,725 in ESG funds to homeless service providers who are skilled at transitioning homeless individuals and families from homelessness to permanent housing through a variety of activities including street outreach, homeless prevention, rapid re-housing, emergency shelter and essential services. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs The City is an active member of the San Bernardino CoC and fully supports the goals and objectives of the San Bernardino County 10-Year Strategy to End Homelessness. To reach out to homeless persons and assess their individual needs, the City will continue to support the CoC’s coordinated entry system, 2-1-1 San Bernardino County. The Coordinated Entry System will provide people who are at imminent risk of becoming homeless (HUD Homeless definition (Category 2) with problem solving support to retain current housing or to locate get housing placement. The City is continuing its contract in FY 2022-2023 with Step Up On Second, with the goal of reaching 150 homeless persons through street outreach, providing social service referrals to those persons and facilitating the placement of 13 homeless persons into permanent housing. Addressing the emergency shelter and transitional housing needs of homeless persons The City will continue to fund Lutheran Social Services Southern California (LSSC) to provide an emergency men’s shelter. LSCC will provide 150 homeless persons in the City of San Bernadino with emergency shelter. The City has partnered with Step Up on Second to provide street outreach services to 150 homeless persons and assist them with obtaining their vital documents, housing navigation, transportation to appointments and placement in permanent housing. The City will also be working with the Salvation Army to provide emergency shelter for 100 persons, focusing on women and women with children. The Salvation Army San Bernardino Hospitality House operates several programs within its 21-room facility. Currently there are 21 units/rooms of transitional housing for families, three units/rooms set-aside for emergency shelter for families and one room with Packet Pg.1378 Annual Action Plan 2022-2023 43 OMB Control No: 2506-0117 (exp. 09/30/2021) six beds for single females experiencing homelessness. Total residential capacity is 82 beds but is often over capacity due to cribs and family size. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again The City of San Bernardino recognizes that homelessness is a regional issue that impacts every community in the region. As the largest community in the County, the City also serves as a hub for service providers. The City supports the efforts of the network of agencies working to end homelessness through the Regional Continuum of Care Strategy. The Continuum of Care Strategy involves four key components, one of which is homeless prevention. The provision of preventative services will decrease the number of households and individuals who will become homeless and require emergency shelters and assistance. The City is working to prevent persons from becoming homeless by funding emergency rental assistance for households at-risk of homelessness. Utilizing its HOME dollars, the City funded the acquisition of the Golden Apartments a 21-unit apartment complex that has been rehabilitated and converted into 38 one-bedroom apartments of supportive housing for homeless persons. Residents moved into their new one-bedroom flats in December 2019. Golden has onsite health and mental health services available through the Department of Behavioral Health and Molina Health. San Bernardino County’s 10-Year Strategy for Ending Homelessness was recalibrated in 2013 to focus on a rapid re-housing approach that is also consistent with a Housing First Model. This approach is intended to minimize the amount a time an individual or family remains homeless or in shelters. The Housing First Model also focuses on homeless prevention by emphasizing the need to keep individuals and families in their current housing if appropriate. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs. The City will continue to support the regional CoC’s efforts to implement the San Bernardino County 10- Year Strategy for Ending Homelessness. This plan includes a recommendation to focus on discharge planning in order to prevent people from becoming homeless when they are discharged from correctional, Packet Pg.1379 Annual Action Plan 2022-2023 44 OMB Control No: 2506-0117 (exp. 09/30/2021) foster care, health care, or mental health care systems. The McKinney-Vento Act requires that State and local governments have policies and protocols in place to ensure that persons being discharged from a publicly funded institution or system of care are not discharged immediately into homelessness. In order to meet HUD’s requirements, the 10-Year Strategy has established a Discharge Planning Committee to focus on improving coordination between discharge planning agencies, local government, and homeless service providers in order to implement a “zero tolerance” plan that will prevent persons being discharged into homelessness. Packet Pg.1380 Annual Action Plan 2022-2023 45 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing – 91.220(j) Introduction: The City recognizes that barriers to affordable housing exist and continues to employ strategies to overcome them. Policies can create barriers to the production of affordable housing and residential investment because such factors increase costs. The high cost of affordable housing and residential investment can be contributed to the following: Lack of Affordable Housing Funds: The availability of funding for affordable housing has been severely affected by the dissolution of redevelopment agencies. Prior to 2012, redevelopment activities and funding were the City’s primary tool for assisting with neighborhood revitalization efforts and production of affordable housing. The loss of this funding represents a constraint for the City of San Bernardino’s efforts to continue to support neighborhood revitalization. Now the City relies on private resources, federal grant programs, state resources, and philanthropy to fund affordable housing projects. Environmental Protection: State law (California Environmental Quality Act and California Endangered Species Act) and federal law (National Environmental Policy Act and Federal Endangered Species Act) regulations require environmental review of proposed discretionary projects (e.g., subdivision maps, use permits, etc.). Costs and time delay resulting from the environmental review process are also added to the cost of housing. Site Improvements: Many parts of San Bernardino are undeveloped and lack adequate pedestrian and automobile infrastructure to support new residential subdivisions. All new residential development is required to provide sidewalk with curbs and gutters and must be served by appropriate roadways consistent with the General Plan Circulation Element and adopted road development standards. The cost of these improvements increases the cost of development but is necessary to facilitate pedestrian and vehicular access and movement in the City. Planning and Development Fees: Planning and development impact fees, such as for transportation, water, and sewer infrastructure improvements, often add to the overall cost of development. The City’s fees reflect the fair share of the costs of providing permitting, infrastructure, and services for new residences. Permit and Processing Procedures: Builders and developers frequently cite the cost of holding land during the evaluation and review process as a significant factor in the cost of housing. The City of San Bernardino’s development review process is designed to accommodate growth without compromising quality. Project quality is of critical concern, as the City faces challenges in securing foreclosed single- family homes and poorly maintained multifamily complexes. State and Federal Davis-Bacon Prevailing Wages: The State Department of Industrial Relations (DIR) expanded the kinds of projects that require the payment of prevailing wages. Prevailing wage adds to the Packet Pg.1381 Annual Action Plan 2022-2023 46 OMB Control No: 2506-0117 (exp. 09/30/2021) overall cost of development. A prevailing wage must also be paid to laborers when federal funds are used to pay labor costs for any project over $2,000 or on any multi-family project over eight units. Based on discussions with developers, various prevailing wage requirements typically inflate the development costs by 35 percent. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The City undertook a major effort to eliminate constraints, with respect to land use regulations, by developing and adopting a new Development Code that unified and simplified the City’s development regulations and processes. That effort was followed by a reorganization of the City to unify the various development-related departments into a single Community Development Department and a one-stop permit counter. The City has made the following additional amendments to the Municipal Code in order to further reduce barriers to affordable housing: 1. General Lot Consolidation Incentive - Small, individual lots offer limited development potential, and generally cannot support onsite property management. Development opportunities could be increased through a small-lot consolidation program that offers a 15 percent density bonus for projects with a residential component that are committing to a maintenance plan and having on- site management. The City is anticipating amending the Development Code to incentivize lot Consolidation. 2. Density Bonus Provisions - Density bonus projects can be an important source of housing for lower-and moderate-income households. The City anticipates amending the Development Code to reflect the latest amendments to State density bonus law. 3. Transitional and Supportive Housing - The City plans to amend the Development Code to adequately define transitional and permanent supportive housing and permit these uses based on unit type, in accordance with Senate Bill 2. 4. Streamlined Processing - The City is committed to continuing the streamlining of development activities and regulations and will continue to analyze potential programs that seek to eliminate land use constraints, particularly as related to the provision of new housing and rehabilitation of existing housing. The City amended its Development Code in 2012 to make it more user-friendly and to minimize confusion for staff and the development community. As part of the Development Code update, the City also introduced a new streamlined type of Conditional Use Permit: the Minor Use Permit (MUP). The MUP is reviewed by the Development/Environmental Review Committee rather than the Planning Commission, which requires less staff time (and a relatively shorter process for developers), lower fees, and can be used in lieu of a CUP for certain qualified projects. 5. The City will update its General Plan. Packet Pg.1382 Annual Action Plan 2022-2023 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion: To address housing affordability and the lack of monetary resources for affordable housing, the Consolidated Plan calls for the investment of CDBG and/or HOME funds to preserve and rehabilitate housing units and provide homeownership opportunities to low and moderate-income households. For FY 2022-2023, the City will continue to fund its Infill Housing Program and its Owner-Occupied Residential Rehabilitation Program (OORP). The OORP will be funded with carryover funds from last year that were not fully expended. Through the City’s Infill Housing Program, the City will acquire, rehabilitate vacant and/or underutilized parcels of land and create housing affordable to low- and moderate-income households. The Owner-Occupied Residential Rehabilitation Program will provide deferred loans for the rehabilitation of single-family units owned by low and moderate-income households. Although the City no longer has access to redevelopment funds, the City will continue to leverage its CDBG and HOME funds to attract private and other available public resources, including land conveyed to the City for the purpose of creating affordable housing for low- and moderate- income households. Packet Pg.1383 Annual Action Plan 2022-2023 48 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions – 91.220(k) Introduction: Priority Needs established in the FY 2020-2024 Five-Year Consolidated Plan, which forms the basis for establishing objectives and outcomes in the FY 2022-2023 One-Year Action Plan, are as follows: High Priority Preserve and Rehabilitate Housing Expand Homeownership Opportunities Provide Homeless and Homeless Prevention Services Low Priority New Affordable Rental Housing Improve and Expand existing Community Facilities and Infrastructure to meet current and future needs Eliminate identified impediments to fair housing through education, enforcement, and testing Planning and Administration – CDBG, HOME, ESG New Affordable Housing Construction or Rehabilitation Expand Homeownership opportunities – Infill Housing First-Time Homeownership – CHDO 15% set-aside Actions planned to address obstacles to meeting underserved needs To address obstacles to meeting underserved needs, the City will allocate CDBG, uncommitted HOME and ESG funds through the Action plan in projects that provide financing for the affordable housing development, housing rehabilitation, job creation, public facility/infrastructure improvements and homeless prevention. Lack of resources is the primary obstacle to meeting underserved needs. In order to leverage additional ongoing resources for housing and homeless services, the City is applying for the Permanent Local Housing Allocation (PLHA) funds which are administered by the State Department of Housing and Community Development. It anticipated that in the 2021 the City can receive up to $1.6 million in PLHA funds. The City will also support HACSB’s efforts to obtain additional rental assistance funding, especially for seniors and lower-income households. Actions planned to foster and maintain affordable housing Packet Pg.1384 Annual Action Plan 2022-2023 49 OMB Control No: 2506-0117 (exp. 09/30/2021) The City will continue to invest HOME funds to expand the supply of affordable housing and will use HOME funds to preserve and maintain existing affordable housing through the City of San Bernardino’s Owner- Occupied Rehabilitation Loan Program. The City will continue this program using re-programmed funds from the previous year’s allocation. Actions planned to reduce lead-based paint hazards To reduce lead-based paint hazards, housing constructed prior to 1978 and assisted through the City of San Bernardino’s Owner-Occupied Residential Rehabilitation Program will be tested for lead-based paint hazards. If lead based-paint hazards are found, safe work practices or abatement procedures will be included in the scope of work for the rehabilitation of the housing unit. All procedures will be in compliance with 24 CFR Part 35. Actions planned to reduce the number of poverty-level families For FY 2022-2023, the City will support: An Infill Housing Program that will acquire and rehabilitate/construct underutilized properties within the City and when complete sell these homes to low- and moderate-income households Service providers who can provide street outreach, rapid-rehousing, homeless prevention, emergency shelter, and other essential services to homeless and near-homeless persons and families. The improvement of streets, along with the Infill Housing that will be taking place. These improvements will have a greater impact in the neighborhoods. The efforts of HACSB, who provides rental assistance and conventional housing to low-income households. The efforts of the CoC, San Bernardino County Behavioral Health Administration, Office of Homeless Services and various Homeless Service Agencies to provider public and social services to residents living in poverty, including health services, counseling, educational programs, food distribution, academic and vocational training, youth services, and senior services. The goals and objectives of San Bernardino County 10-Year Strategy to End Homelessness. The CoC’s coordinated entry system, 2-1-1 San Bernardino County that provides persons who are at imminent risk of becoming homeless with problem solving support to retain current housing or to locate another housing placement. Actions planned to develop institutional structure During the next year, the San Bernardino Community & Economic Development Department will continue consulting with and inviting a wide variety of agencies and organizations (i.e., CoC, HACSB, National CORE, County of San Bernardino Community Development and Housing Agency, etc.) involved with the delivery of housing and social services to low- and moderate-income San Bernardino residents. This will allow to Packet Pg.1385 Annual Action Plan 2022-2023 50 OMB Control No: 2506-0117 (exp. 09/30/2021) coordinate the City's activities by not duplicating efforts and to know what other agencies are doing. Currently, the City is working with the Center for Community Investment and Dignity Health (Accelerating investments for Healthy Communities). The City's collaboration with CCI and Dignity Health has resulted in the investment of $1.2 million in permanently affordable rental housing in the City. These types of collaborations build the capacity for the City to continue providing affordable housing. Actions planned to enhance coordination between public and private housing and social service agencies During the next year, the San Bernardino Community & Economic Development Department will continue consulting with a wide variety of agencies and organizations such as HACSB, County Workforce Development, County Department of Behavioral Health and County Office on Aging and Adult Services involved with the delivery of housing, supportive services and economic development to low- and moderate- income San Bernardino residents. Workforce Development, for example, provides job placement services for person in the County and also provides up to three months of paid on the job training and any equipment that an employee may require to carry their new job. In the realm of economic development, the City recently established a partnership with the Mexican Consulate’s “Emprendedoras” program. The program partners with the Small Business Administration and the City’s Micro Enterprise program to provide Spanish language training for persons interested in launching a small business or expanding an existing small business. Through the City’s partnership with the “Emprendedoras” program, the City will cross promote the services available through Workforce Development. Discussion: The implementation of the FY 2021-2022 Action Plan will invest federal resources to address obstacles to meeting underserved needs, foster and maintain affordable housing, reduce lead-based paint hazards, inspection of HOME units, reduce the number of families living in poverty, develop institutional structure, and enhance coordination between public and private housing and social service agencies. Packet Pg.1386 Annual Action Plan 2022-2023 51 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements – 91.220(l)(1,2,4) Introduction: In the implementation of programs and activities under the 2021-2022 Action Plan, the City of San Bernardino will follow all HUD regulations concerning the use of program income, forms of investment, overall low-and moderate-income benefit for the CDBG program and recapture requirements for the HOME program. The years 2020, 2021 and 2022 are used to determine that an overall benefit of 80% of CDBG funds is used to benefit persons of low and moderate income. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan.0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income:0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan.80.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(l)(2) 1. A description of other forms of investment being used beyond those identified in Section 92.205 is as Packet Pg.1387 Annual Action Plan 2022-2023 52 OMB Control No: 2506-0117 (exp. 09/30/2021) follows: The City does not anticipate using other forms of investment beyond those identified in Section 92.205. Packet Pg.1388 Annual Action Plan 2022-2023 53 OMB Control No: 2506-0117 (exp. 09/30/2021) 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: HOME Recapture Provision If Buyer at any time during the Period of Affordability sells or transfers the Eligible Property, whether voluntarily or involuntarily due to foreclosure or other circumstance, the following provisions shall apply, pursuant to 24 C.F.R. Part 92.254: (a) If Buyer sells or transfers the Eligible Property within the first two years of the Period of Affordability, City shall recover from the Net Proceeds, if any, the entire amount of the HOME Subsidy, or such lesser amount as the Net Proceeds may permit to be recovered. The Net Proceeds are the sales price paid to Buyer minus repayment of loans that are superior in priority to this Affordable Housing Covenant and the Deed of Trust securing it, and any closing costs. (b) If Buyer sells or transfers the Eligible Property after occupying the Eligible Property for at least two years (24 months from the Delivery Date), City’s recovery from the Net Proceeds shall equal the amount of the HOME Subsidy, reduced by a percentage determined by dividing the number of Buyer’s full years of occupation of the Eligible Property by the number of years of the Period of Affordability, and multiplying the result by 100. In calculating recapture of the HOME subsidy only full 12-month periods of occupancy will be utilized in the calculation. For example, if Buyer sells or transfers the Eligible Property during the third year, before the completion of the full third year of a ten-year Period of Affordability, the percentage reduction of the amount of the HOME Subsidy to be recovered by City shall equal 20 percent: (2 years ÷ 10 years) × 100 = 20. Assuming sufficient Net Proceeds, City would recover 80 percent of the HOME Subsidy. If there were not sufficient Net Proceeds, City would recover 80 percent of Net Proceeds, whatever the amount. (c) In no event shall City’s recovery exceed the amount of the Net Proceeds. The City requires that its CHDO/subrecipients, who carry out HOME funded ownership programs, utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. Packet Pg.1389 Annual Action Plan 2022-2023 54 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds. 24 CFR 92.254(a)(4) are as follows: Measured from the Delivery Date and determined based on the amount of the HOME Subsidy, as follows: Amount of HOME Subsidy Period of Affordability Less than $15,000 5 years $15,000 to $40,000 10 years More than $40,000 15 years The City's affordability covenant requires that HOME units acquired with HOME funds remain affordable for the period noted based on the amount of HOME subsidy. The City requires that its CHDO/subrecipients who carry out HOME funded ownership programs utilize the noted recapture provisions, which are part of the affordability covenant executed by the homeowner and recorded against the property. In its homeownership and single-family rehabilitation programs the City utilizes the homeownership limits for the San Bernardino Metropolitan/FMR Area provided by HUD. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City will not be undertaking any refinancing of existing debt secured by multifamily housing that is rehabilitated with HOME funds. The City will not undertake the refinancing of single-family units rehabilitated with HOME funds. With regard to eligible beneficiaries, the City will adhere to the requirements under 24 CFR 2.203 with regard to income determinations; 92.216 with respect to incomes of applicants; 92.253 with regard to tenant protections and selection and other HOME regulatory requirements that ensure beneficiaries are not precluded from participating in HOME funded programs. The City utilizes Notice of Funding Availability and Requests for Proposals to solicit applications for funding under the HOME program. Solicitations for applications are conducted as funds are available for various programs and/or when contracts and renewal periods with applicants expire and new NOFAs and RPS are released. Packet Pg.1390 Annual Action Plan 2022-2023 55 OMB Control No: 2506-0117 (exp. 09/30/2021) Emergency Solutions Grant (ESG) Reference 91.220(l)(4) 1.Include written standards for providing ESG assistance (may include as attachment) See Attachment under Admin - IDIS (AD-26). 2.If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The Continuum of Care (CoC) is led by the County of San Bernardino, Department of Behavioral Services. The Coordinated Entry System, referred to as 211 San Bernardino County, is operated by the United Way of San Bernardino County and provides free and confidential information and referral service to persons in need of help connecting with various free or low-cost health and human service providers. 211 San Bernardino County, is available 24 hours a day, 7 days a week by dialing 2-1-1 in San Bernardino County or by dialing the toll-free number at 1-888-435-7565. Bilingual staff is available to assist English and/or Spanish speaking callers. However, if another language is need, 211 San Bernardino County, utilizes a translation line that can assist in disseminating information in over 150 languages. 211 San Bernardino County is also available by going to http://211sb.org. Within the City’s ESG written agreement, the Subrecipient must agree to coordinate and integrate, to the maximum extent practicable, ESG-funded activities with other programs targeted to homeless people in the area covered by the Continuum of Care or area over which the services are coordinated to provide a strategic, community-wide system to prevent and end homelessness. 3.Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). The City of San Bernardino will competitively procure for services that will meet the goals and objectives of the City’s Consolidated Plan and San Bernardino Continuum of Care’s (CoC) 10-Year Plan to End Homelessness. The application review process has three phases. In the first phase, all applications are reviewed by the Community and Economic Development Department staff for completeness and eligibility under the Federal program guidelines. Eligible programs and projects are then reviewed according to their Packet Pg.1391 Annual Action Plan 2022-2023 56 OMB Control No: 2506-0117 (exp. 09/30/2021) contribution to the goals and objectives of the City’s approved Consolidated Plan and CoC’s 10-Year Plan to End Homelessness. Preference is given if a program has the ability to help the City meet federal program objectives and local priorities. Organizational capacity, experience, and past performance are also considered. Based on this review, Community and Economic Development Department staff prepares general funding recommendations. Lastly, a public hearing before City Council will be held to consider the 2021-2022 Draft Annual Action Plan. The City Council adopts the Annual Action Plan, which acts as the CDBG, HOME and ESG program annual budget. Upon completion of this process, the City forwards the adopted Annual Action Plan to the U.S. Department of Housing and Urban Development for approval. 4.If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City of San Bernardino attends and participates, on a quarterly basis, the Interagency Council on Homelessness (ICH). The ICH is a vital component of the San Bernardino County Homeless Partnership. The ICH serves as the policy making body of the Partnership and oversees the implementation of the 10-Year Strategy to End Homelessness in San Bernardino County. The ICH will focus on resource development to insure the funding of homeless projects and 10-Year Strategy recommendations. In addition, ICH serves as the HUD-designated primary decision-making group and oversight board of the City of San Bernardino & County (hereinafter referred to as the “geographic area”) Continuum of Care for the Homeless (CA-609) funding process, (hereinafter referred to as the “CoC”). There are currently former homeless individuals that participate in the policy making decisions of the CoC, regarding facilities or services that receive ESG funding from the City. The ICH is charged with directing, coordinating, and evaluating all of the activities related to implementation of the 10-Year Strategy to End Homelessness. The ICH members are directed to report progress on the implementation of the 10-Year Strategy to their colleagues and constituents following each meeting of the ICH. The ICH will promote collaborative partnerships among homeless providers and stakeholders throughout San Bernardino County in order to carry out implementation activities and will develop resources to insure the funding of homeless projects and 10-Year Strategy recommendations. Packet Pg.1392 Annual Action Plan 2022-2023 57 OMB Control No: 2506-0117 (exp. 09/30/2021) As the oversight board of the CoC, the ICH duties are: 1. To ensure that the CoC is meeting all of the responsibilities assigned to it by the United States Department of Housing and Urban Development (HUD) regulations including: a. The operation and oversight of the local CoC; b. Designation and operation of a Homeless Management Information System (HMIS); i. Designate a single HMIS for the geographic area; ii. Designate an eligible applicant to manage the CoC’s HMIS, which will be known as the HMIS Lead; iii. Ensure consistent participation of recipients and sub-recipients of CoC and Emergency Solutions Grant (ESG) funding in the HMIS. iv. Ensure the HMIS is administered in compliance with all requirements prescribed by HUD. c. The development of a CoC plan that includes outreach, engagement, assessment, annual gap analysis of the homeless needs and services available, prevention strategies, shelter and housing supportive services, and HUD CoC annual and biennial requirements; 2. To represent the relevant organizations and projects serving homeless subpopulations; 3. To support homeless persons in their movement from homelessness to economic stability and affordable permanent housing within a supportive community; 4. To be inclusive of all the needs of all of geographic area’s homeless population, including the special service and housing needs of homeless sub-populations; 5. To facilitate responses to issues and concerns that affect the agencies funded by the CoC that is beyond those addressed in the annual CoC application process; 6. To consult with recipients and sub-recipients of CoC funding to establish performance targets appropriate for population and program type, monitor recipient and sub-recipient performance, evaluate outcomes, and take action against poor performers; and 7. To evaluate outcomes of projects funded under the County of San Bernardino CoC program including the ESG. 5.Describe performance standards for evaluating ESG. ESG Subrecipients must demonstrate the financial management and programmatic expertise to successfully develop, design, implement, and monitor the ESG-funded activities. ESG Subrecipients must participate in HMIS and be able to meet all federal, State of California, and City of San Bernardino requirements relative to the ESG program, specifically those concerning equal opportunity and fair housing, affirmative marketing, environmental review, displacement, relocation, acquisition, labor, lead-based paint, conflict of interest, debarment and suspension, and flood insurance. Under the City ESG agreement, ESG Subrecipient are required to conduct an initial evaluation to determine the eligibility of each individual or family’s eligibility for ESG assistance and the amount and types of assistance the individual or family needs to regain stability in permanent housing. All subrecipient providers should meet or exceed project quality goals established by HUD and CoC guidelines which include the following: At least 80 percent of project participants either remained in permanent housing or exited to permanent housing; At least 20 percent or more of project participants have employment income (or other sources such as SSI and/or SSDI, for those who are not employable); At least 54 percent of project participants increased their income from sources other than employment in a given operating year; At least 56 percent of project participants obtained Packet Pg.1393 Annual Action Plan 2022-2023 58 OMB Control No: 2506-0117 (exp. 09/30/2021) mainstream benefits; and 100 percent of the project participants came from the street or other locations not meant for human habitation, emergency shelters, or safe havens. In addition, PSH providers must: Implement a housing first approach. Fill vacant beds with only chronically homeless persons. Packet Pg.1394 Annual Action Plan 2022-2023 59 OMB Control No: 2506-0117 (exp. 09/30/2021) Attachments Packet Pg.1395 Annual Action Plan 2022-2023 60 OMB Control No: 2506-0117 (exp. 09/30/2021)Packet Pg.1396 Annual Action Plan 2022-2023 61 OMB Control No: 2506-0117 (exp. 09/30/2021)Packet Pg.1397 EXHIBIT B FISCAL YEAR 2022-2023 DRAFT ACTION PLAN ACTIVITY RECOMMENDATIONS Activity CDBG Requested ESG HOME Grant Fund Allocation $3,112,512 $278,068 $1,569,520 Reprogrammed Fund $-$37,512 $200,000 Total - 2022 Available Grant Fund $3,112,512 $315,580 $1,769,520 Administration (maximum available)$622,502 $20,855 $156,952 Section 108 Repayment $788,803 Fair Housing (IFHMB)1 $73,000 CDBG Program Total $1,484,305 Public Facilities Projects Street Improvements2 $1,628,207 Public Facilities Projects Total $1,628,207 $-$- Housing Programs/Projects Infill Housing $937,000 Affordable Housing Projects $675,568 Housing Programs/Projects Total $-$-$1,612,568 Homeless Assistance Lutheran Social Services (LSS)$70,000 Step Up on Second $87,624 $- Salvation Army - Hospitality House $100,000 Community Action Partnership $25,000 Homeless Assistance Program $12,101 Homeless Assistance Total Total Requested $3,112,512 $315,580 $1,769,520 1Required for all jurisdictions receiving CDBG funds. 2Below are the streets to be improved: 10th Street between F street and G street - Ward 1 49th Street between Sepulveda Avenue and End. - Ward 4 Rialto Avenue from Mt. Vernon and Muscott - Ward 3 Draft as of 6/21/22 Packet Pg.1398 Page 1 2 4 5 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Resolution Approving Acceptance of Grant Funds from the California Arts Council (Ward 1) Recommendation Adopt Resolution No. 2022-136 of the Mayor and City Council of the City of San Bernardino, California: 1. Approving acceptance of Grant Funds from the California Arts Council for the California Theatre; and 2. Approving the submission of the Project Information Package; and 3. Authorizing the City Manager, or Designee, to execute the Grant Agreement and all related documents. Background On September 23, 2021, Governor Gavin Newsom approved Senate Bill 170 (SB170), amending the Budget Act of 2021 to provide additional appropriations to cities for designated projects. The funding is administered by the California Arts Council (CAC). The City is working with CAC to complete the Project Information Package (Attachment 2) submission process, which will ensure funding distribution. Part of the Package is designating the City Manager, or designee, as an agent and authorizing the acceptance of funds. CAC is a state agency whose mission is providing funding to enhance the arts, culture, and creative expression to help cultivate a better California. As such, funding has been allocated to the City of San Bernardino to renovate the California Theater, which will assist in revitalizing the downtown and surrounding areas. The California Theatre of the Performing Arts or simply referred to as the California Theatre is a performing arts center in the Historic Downtown area of San Bernardino, California. Originally part of the Fox Theatre chain, it opened in 1928. It still houses its original Wurlitzer Style 216 pipe organ. It was also the site of the last performance by Will Packet Pg.1399 Page 2 2 4 5 Rogers. In the early years of Hollywood, filmmakers would test-screen their movies at the California Theatre. Classic films such as "King Kong" and "The Wizard of Oz" were first seen by audiences at the theatre in the 1930s. The theatre has also hosted the San Bernardino Symphony since 1929. The theatre has recently hosted the tapings of Showtime's "The Latin Divas of Comedy", and "The Payaso Comedy Slam". On May 4, 2022, the Mayor and City Council approved an Award of a Progressive Design Build Contract with Tilden-Coil Constructors, Inc. in the amount of $309,031; authorized the Director of Finance to amend the FY2021/22 CIP to include California Theatre Improvements Project (“Project”) in the total amount of $2,500,000 and authorized the City Manager or designee to execute all documents related to the Project. Discussion The California Theatre has historically been a critical economic element for downtown San Bernardino, as well as the overall San Bernardino community. Over the years and due to COVID-19 pandemic, the California Theater operations slowed, resulting in a loss of economic activity and a valuable local performing arts landmark. Therefore, in order to facilitate further growth of the economy of downtown San Bernardino and the San Bernardino business community, the City of San Bernardino explored opportunities to secure funding to renovate the California Theatre. Once the renovation work begns, the vision is to hire an experienced performing arts operator to operate the theater. To move forward in the funding process, the Mayor and City Council must approve the Application for the Grant Funds and adopt a Resolution. The action will allow the City to accept the funds and authorize the City Manager, or designee, to sign related documents and acts as agent, funds will be allocated, and accounts will be established. Once the Project Information Package is approved and the Resolution is adopted, staff will submit all required documents to the CAC. The CAC will then send a draft Grant Agreement which, once approved, will allow the City to accept and begin use of the funding. Staff proposes that all funds be expended on the renovation of the California Theatre. 2021-2025 Key Strategic Targets and Goals This request aligns with Key Target No. 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions. If approved, the grant funding to renovate the historic California Theatre will improve and preserve the existing facility. Financial Impact There is no General Fund impact. The City of San Bernardino will receive $2,500,000 in funding, with no match. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-136: 1.Approving acceptance of Grant Funds from the California Arts Council for the California Theatre; and 2.Approving the submission of the Project Information Package; and Packet Pg.1400 Page 3 2 4 5 3.Authorizing the City Manager, or Designee, to execute the Grant Agreement and all related documents. Attachments Attachment 1 Resolution No. 2022-136 Attachment 2 Project Information Package Ward 1 Synopsis of Previous Council Actions: December 16, 2020 Mayor and City Council approved an Award of a Progressive Design Build Contract with Tilden-CoilConstructors, Inc. in the amount of $309,031; Authorized the Director of Finance to amend the FY2021/22 CIP to include California Theatre improvements Project (“Project”) in the total project cost amount of $2,500,000, and Authorized the City Manager or designee to execute all documents related to the Project Packet Pg.1401 Page 4 2 4 5 Packet Pg.1402 Resolution No. 2022-136 Resolution 2022-136 Page 1 of 4 6 0 RESOLUTION NO.2022-136 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACCEPTING GRANT FUNDS FROM THE CALIFORNIA ARTS COUNCIL FOR THE CALIFORNIA THEATRE, APPROVING THE SUBMISSION OF THE PROJECT INFORMATION PACKAGE, AND AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE THE GRANT AGREEMENT AND ALL RELATED DOCUMENTS. WHEREAS, the Legislature and Governor of the State of California have approved a grant for the California Theatre Project; and WHEREAS, the California Arts Council has been delegated the responsibility for the administration of the grant project, setting up necessary procedures; and WHEREAS, said procedures established by the California Arts Council, the Grantee to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the Grantee will enter into an agreement with the State of California for subject project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.Certifies that said agency understands the assurances and certifications in the Project Information Form. SECTION 3.Certifies that said agency will have sufficient funds to operate and maintain the project(s) or will enter into an agreement with another entity to perform said operation and maintenance. SECTION 4.Certifies that said agency has reviewed and understand the General Provisions contained in the Project Agreement shown in the Procedural Guide. SECTION 5.Appoint the City Manager, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to Project Information Form, Packet Pg.1403 Resolution No. 2022-136 Resolution 2022-136 Page 2 of 4 6 0 agreements, payment requests and so on, which may be necessary for the completion of the after mentioned project. SECTION 6.As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines; (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves the renovation of an existing building with no expansion of the existing use. Additionally, 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. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 because renovation of an existing building does not present any unusual circumstances; would not damage scenic resources, including any resources in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 8. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Packet Pg.1404 Resolution No. 2022-136 Resolution 2022-136 Page 3 of 4 6 0 Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1405 Resolution No. 2022-136 Resolution 2022-136 Page 4 of 4 6 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-136, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1406 Packet Pg.1407 Packet Pg.1408 Packet Pg.1409 Packet Pg.1410 Packet Pg.1411 Packet Pg.1412 Packet Pg.1413 Packet Pg.1414 Packet Pg.1415 Packet Pg.1416 Packet Pg.1417 Packet Pg.1418 Packet Pg.1419 Packet Pg.1420 Packet Pg.1421 Packet Pg.1422 Packet Pg.1423 Packet Pg.1424 Packet Pg.1425 Packet Pg.1426 Packet Pg.1427 Packet Pg.1428 Packet Pg.1429 Packet Pg.1430 Packet Pg.1431 Packet Pg.1432 Packet Pg.1433 Packet Pg.1434 2 5 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Construction Contract Award - 5th Street Senior Center Kitchen Improvements CIP (Ward 1) Recommendation Adopt Resolution No. 2022-137 of the Mayor and City Council of the City of San Bernardino, California: 1.Approving the award of a construction contract with Preferred General Services, in the amount of $394,974 to provide improvements to the 5th Street Senior Center kitchen; and 2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $217,061 to fund the project; and 3.Authorizing construction, contingencies, and inspection costs in an amount not to exceed $465,000 for the 5th Street Senior Center Kitchen Improvements project; and 4.Authorizing the City Manager or designee to execute all documents for the construction of the 5th Street Senior Center Kitchen Improvements project with Preferred General Services; and 5.Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The City owns, maintains, and operates 5th Street Senior Center. The facility has been identified as needing kitchen improvements which includes new appliances, equipment, fiberglass reinforced paneling, electrical, T-bar ceiling tiles, painting, and flooring throughout the kitchen to address long deferred maintenance and create a safe environment in the community center. On June 2021, funding in the amount of $250,000 for CIP PR 22-004, Project No. 13472 – 5th Street Senior Center Kitchen Upgrades was established through the adoption of the FY 2021/22 CIP.Packet Pg.1435 2 5 0 Plans and specifications were prepared with the proposed scope of work at the location to include removal and replacement of the following: existing appliances, fiberglass reinforced paneling, electrical outlets, lighting, T-bar ceiling tiles, flooring and providing new paint. Results of the bid solicitation are included in Discussion below. The scope of work was modified during the bid process to add appliances upgrade such as the removal and replacement of the walk-in freezer, Scullery system, and waterless food warmer. These systems upgrades are necessary for health and safety reasons and are recommended by staff. Discussion Project No.13472 to provide senior center kitchen upgrades was advertised for public bidding on May 2, 2022, and May 4, 2022, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s websites, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on May 26, 2022. The City received two bids as follows: Bidder City Base Bid Preferred General Services Apple Valley $394,974.00 Epsilon Engineering Moreno Valley $517,471.00 Total bid amount submitted by Preferred General Services was $384,048. Due to a mathematical error in the bid, the corrected total bid amount is $394,974. With the error noted, Preferred General Services remains the lowest responsible and responsive bidder. The City has reviewed the bid package and confirmed that Preferred General Services. of Apple Valley, California, is the lowest responsible and responsive bidder, with a total bid amount of $394,974, not including contingency, engineering, and inspection costs. The project currently has $247,939 budgeted and requires an additional $217,061 to fully fund the total construction costs (including contingency, engineering, and inspection costs). If awarded by the Mayor and City Council, construction work is anticipated to begin in August 2022 and be completed by October 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving the community center condition and making public facilities environmentally safe. Financial Impact This action requires an additional appropriation of $217,061 of Measure S Funds for the project. The project costs and associated funding are outlined in the table below. The original Packet Pg.1436 2 5 0 amount appropriated in the Fiscal Year 2021/22 CIP budget for this project was $250,000. Some funds were expended for the publication of the Notice of Bid document. Estimated Project Cost Total Bid Amount $394,974 Construction Contingency $ 40,026 Engineering and Inspections $ 30,000 Total Estimated Project Cost $ 465,000 Senior Center Kitchen Project (Phase 2) available budget $247,939 Additional Fund Appropriation (Measure S) $217,061 Total Project Funding $ 465,000 Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-137, 1. Approving the award of a construction contract with preferred general services, in the amount of $394,974 to provide improvements to 5th Street Senior Center kitchen; and 2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $217,061 to fund the project; and 3. Authorizing construction, contingencies, and inspection costs in the total amount of $465,000 for the 5th Street Senior Center kitchen improvements project; and 4. Authorizing the City Manager or designee to execute all documents for the construction of the 5th Street Senior Center kitchen improvements project with preferred general services; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2022 – 137 Attachment 2 Exhibit A - Contract Agreement Attachment 3 Bid Tabulation Attachment 4 Preferred General Services – Bid Proposal Attachment 5 Location Map Ward: First Ward Synopsis of Previous Council Actions May 5, 2021 Mayor and City Council adopted Resolution No. 2021-112 approving award of Construction Contract for 5th Street Senior Center Outside Dining Cover. Packet Pg.1437 Resolution No. 2022-137 Resolution 2022-137 June 20, 2022 Page 1 of 3 8 0 RESOLUTION NO. 2022-137 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH PREFERRED GENERAL SERVICES, IN THE AMOUNT OF $394,974 TO PROVIDE IMPROVEMENTS TO 5TH STREET SENIOR CENTER KITCHEN; AND AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO RECORD A BUDGET AMENDMENT FROM THE MEASURE S FUND TO ALLOCATE AN ADDITIONAL $217,061 TO FUND THE PROJECT; AND AUTHORIZING CONSTRUCTION, CONTINGENCIES AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $465,000 FOR THE 5TH STREET SENIOR CENTER KITCHEN IMPROVEMENTS PROJECT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS FOR THE CONSTRUCTION OF THE 5TH STREET SENIOR CENTER KITCHEN IMPROVEMENTS PROJECT WITH PREFERRED GENERAL SERVICES; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, the City is responsible for maintaining 5th Street Community Senior Center located at 600 West 5th Street in the City of San Bernardino; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the design and construction of the 5th Street Senior Center Kitchen Improvements project; and WHEREAS, on May 26, 2022, staff administered a competitive process for Construction of 5th Street Senior Center Kitchen Improvements CIP PR 22-004, Project No.13472 (“Project”) resulting in two construction cost submittals; and WHEREAS, Preferred General Services, of Apple Valley, California, has been determined to be the lowest responsible and responsive bidder; and WHEREAS, the City now wishes to enter into a Construction Agreement with Preferred General Services of Apple Valley, California, in the amount of $465,000 to complete the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: Packet Pg.1438 Resolution No. 2022-137 Resolution 2022-137 June 20, 2022 Page 2 of 3 8 0 SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of 5th Street Senior Center Kitchen Improvements project with Preferred General Services, of Apple Valley, California, for Project No. 13472 on behalf of the City and to expend contingency funds, if necessary, to complete the Project. SECTION 3.The Mayor and City Council hereby authorize the Director of Finance to appropriate funds in the amount of $465,000 from Measure S Fund to fund the Project. SECTION 4. The Mayor and City Council hereby authorize the Director of Finance to issue a purchase order in the amount of $394,974 to Preferred General Services, of Apple Valley, California, in support of the Construction Agreement. SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1439 Resolution No. 2022-137 Resolution 2022-137 June 20, 2022 Page 3 of 3 8 0 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-137, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1440 Packet Pg.1441 Packet Pg.1442 Packet Pg.1443 Packet Pg.1444 BID TABULATION FOR 5th Street Community Center Kitchen Improvements SPECIAL PROVISIONS NO. 13472 ITEM NO. BID ITEM DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE TOTAL UNIT PRICE TOTAL 1 Mobilization 1 LS 13,000.00$ 13,000.00$ 25,000.00$ 25,000.00$ 2 Remove And Dispose of Hazardous Waste Per Project Specifications.1 LS 7,936.00$ 7,936.00$ 15,000.00$ 15,000.00$ 3 Remove and Dispose of All Existing Tile Floor & Baseboard Molding in Kitchen (Room 104), Locker Room, Restroom, Storage (Rooms 103), Dishwashing Room (Scullery), and Freezer/Refrigerator Room Per Project Plans and Specifications. 1 LS 7,296.00$ 7,296.00$ 14,950.00$ 14,950.00$ 4 Apply Restaurant Grade Anti-Slip Epoxy Flooring & Baseboard Molding to Kitchen (Room 104), Locker Room, Restroom, Storage (Rooms 103), Dishwashing Room (Scullery), and Freezer/Refrigerator Room Per Project Plans and Specifications. 1 LS 19,200.00$ 19,200.00$ 62,010.00$ 62,010.00$ 5 Remove All Kitchen Electrical Outlets and Replace with GFI Electrical Outlets.25 EA 75.00$ 1,875.00$ 125.00$ 3,125.00$ 6 Deep/Steam Clean All Kitchen Appliances.1 LS 5,120.00$ 5,120.00$ 3,500.00$ 3,500.00$ 7 Remove and Replace Air Filters on All the Kitchen Appliances.10 EA 40.00$ 400.00$ 250.00$ 2,500.00$ 8 Remove and Replace Circular Fluorescent Fixture with LED Fixture of Same Size in Bathroom & Locker Room.6 EA 225.00$ 1,350.00$ 250.00$ 1,500.00$ 9 Prepare, Furbish & Paint Interior Walls in Food Prep. (Room 102), Storage (Room 103), Locker Room and Restroom with Semi-Gloss Paint Per Project Plans and Specifications. 1,500 SF 3.00$ 4,500.00$ 4.00$ 6,000.00$ 10 Remove and Replace All Vent Covers in Kitchen Area.10 EA 737.00$ 7,370.00$ 300.00$ 3,000.00$ 11 Remove And Dispose 4 Existing Heat Lamps Above Food Warmer Area. Install 4 New 4 Feet LED Tube Light Fixtures and Upgrade Light Switch.1 LS 1,536.00$ 1,536.00$ 950.00$ 950.00$ 12 Remove and Dispose of Existing Lighting (2 - 4 Feet Florescent Lights) And Replace with LED Light Bulbs Of Same Size.28 EA 160.00$ 4,480.00$ 180.00$ 5,040.00$ 13 Remove and Dispose of All Existing FRP (Fiberglass Reinforced Paneling).Repair or Replace Drywall With 5/8ths Drywall (Anticipate 100%Drywall Replacement). Install New Stainless Steel Wall Panels &Trim;Floor to Ceiling in Dishwasher Room (Scullery) Only. 1 LS 25,216.00$ 25,216.00$ 36,530.00$ 36,530.00$ 14 Remove and Dispose of All Existing FRP (Fiberglass Reinforced Paneling).Repair or Replace Drywall With 5/8ths Drywall (Anticipate 75%Drywall Replacement). Install New FRP Floor to Ceiling (White In Color) in Kitchen Only. 1 LS 32,384.00$ 32,384.00$ 30,650.00$ 30,650.00$ 15 Prepare,Furbish &Paint Ceiling in Food Prep.(Room 102),Storage (Room 103), Locker Room,Kitchen and Restroom with Semi-Gloss Paint Per Project Plans and Specifications. 1000 SF 5.00$ 5,000.00$ 4.00$ 4,000.00$ 16 Remove and Replace T-Bar Ceiling Tiles (2 x 4) in Room 101, 102 And Serving Line in The Kitchen.800 SF 7.80$ 6,240.00$ 24.00$ 19,200.00$ 17 Remove and Dispose of Existing Walk-In Freezer/Refrigerator and Replace with Similar Size Walk in Freezer/Refrigerator Combo With Remote (Rooftop) Refrigeration Unit(S). 1 LS 88,597.00$ 88,597.00$ 57,850.00$ 57,850.00$ 18 Remove and Dispose of Existing Scullery Room Hobert Dishwashing System to Include,Deep 2 Well Sink With,Stainless Steel Counter,All Faucets Spray Hoses, Garbage Disposal,Stainless Steel Slide Counter and Hobart Dish Washing Equipment. 1 LS 5,837.00$ 5,837.00$ 7,000.00$ 7,000.00$ 19 Replace Scullery Room with A System Complete With Hobert Dishwashing System To Include,Deep 2 Well Sink With,Stainless Steel Counter,All Faucets Spray Hoses,Garbage Disposal,Stainless Steel Slide Counter and Hobart Dish Washing Equipment. 1 LS 49,263.00$ 49,263.00$ 79,300.00$ 79,300.00$ 20 Remove &Dispose Existing Countertop/Sink and Install New Stainless-Steel Countertop/Sink in Room 101 Food Prep.3 EA 5,463.00$ 16,389.00$ 9,100.00$ 27,300.00$ 21 Remove Cabinets (top and bottom)and sink.Cap plumbing in wall.Repair drywall and Paint walls. Protect flooring in place in Room 102.1 LS 3,328.00$ 3,328.00$ 8,000.00$ 8,000.00$ 22 Remove &Dispose Existing Restaurant Range and Install New Wolf Challenger XL Gas Restaurant Range (12 Open Burners Stovetop & 2 Ovens) or Equal.1 LS 16,640.00$ 16,640.00$ 30,225.00$ 30,225.00$ 23 Remove &Dispose Existing Restaurant Hood Vent System and Install New Halifax Type 1 Low Ceiling Sloped Front Commercial Kitchen Hood System or Equal. 1 LS 41,484.00$ 41,484.00$ 28,340.00$ 28,340.00$ 24 Remove &Dispose Existing Waterless Food Warmer With Sectional Manual Controls and Install New 16’ Waterless Food Warmer With Sectional Manual Controls.1 LS 25,413.00$ 25,413.00$ 39,000.00$ 39,000.00$ 25 Remove &Dispose Existing Ovens and Double Stack Streamer;Pickup,Deliver and Install 4 New Ovens and New Double Stack Streamer in Kitchen Area Per Specifications.1 LS 5,120.00$ 5,120.00$ 7,500.00$ 7,500.00$ TOTAL BID SCHEDULE Totals $394,974.00 $517,470.00 BID OPENING: 2:00 P.M., MAY 26, 2022 BID SCHEDULE 5th Street Community Center Kitchen Improvements Special Provisions NO. 13472 APPARENT LOW BIDDER Preferred Genral Epsilon Engineering Packet Pg.1445 Packet Pg.1446 Packet Pg.1447 Packet Pg.1448 Packet Pg.1449 Packet Pg.1450 Packet Pg.1451 ATTACHMENT 5 5TH STREET SENIOR CENTER LOCATION MAP 600 W 5th Street, San Bernardino, California 92410 Packet Pg.1452 Packet Pg.1453 Page 1 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager By: Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Adoption of Ordinance MC-1585 (Ward 4) Recommendation Adopt Ordinance MC-1585 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). Background On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019, for the issue of establishment of the community facilities district. Discussion On June 15, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance MC-1585. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Financial Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. Packet Pg.1454 Page 2 By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund. Conclusion Adopt Ordinance MC-1585 of Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). Attachments Attachment 1 Ordinance MC-1585 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A – Description of Services Attachment 3 Exhibit B – Description of Territory Attachment 4 Project Location Map Packet Pg.1455 Page 3 Ward: 4 Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Mayor and City Council conducted the final reading of Ordinance MC- 1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. May 4, 2022 Mayor and City Council adopted Resolution No. 2022-79, a Resolution of Intention to annex territory into Community Facilities District No. 2019- 1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” June 15, 2022 Mayor and City Council adopted Resolution No. 2022-114 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 19), and adopted Resolution No. 2022-115 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 19); and introduced Ordinance No. MC-1585 amending Ordinance MC-1522. Packet Pg.1456 Ordinance MC-1585 1 ORDINANCE NO. MC-1585 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 15, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Pg.1457 Ordinance MC-1585 2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. Packet Pg.1458 Ordinance MC-1585 3 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1459 Ordinance MC-1585 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1585 introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the ____ day of ______, 2022. Ordinance No. MC-1585 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1460 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Pg.1461 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23 (Effective as of July 20, 2022) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46 1 17329, LLC 0348-111-52, 0261-031-10, -11, and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-01 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, -12, -34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-02 (Por.), -07 (Por.), -08(Por.), -09 (Por.), -20 (Por.), -24, -25, -33 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 To Be Determined 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 To Be Determined 22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18 Packet Pg.1462 PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 20   &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1463 Page 1 2 5 2 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Construction Contract Award - Parking Lot Improvements at Perris Hill Park, Paul Villasenor Branch Library & Wildwood Park – (Wards 1, 2 & 4) Recommendation Adopt Resolution No. 2022-138 of the Mayor and City Council of the City of San Bernardino, California: 1.Approving the award of a construction contract with All American Asphalt, in the amount of $1,672,149 to provide parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and 2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to appropriate an additional $963,000 to fund the project; and 3. Authorizing construction, contingencies, and inspection costs in the total amount of $1,990,000 for the parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and 4. Authorizing the City Manager or designee to execute all documents for the construction of the parking lot improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park project with All American Asphalt; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Background The Public Works Department is responsible for maintaining parking lots at Perris Hill Community Center located at 900 East Highland Avenue, Paul Villasenor Branch Library located at 525 North Mount Vernon Avenue, and Wildwood Park located at 536 East 40th Street. These parking lots are deteriorated and are not in compliance with ADA accessibility requirements. On June 16, 2021, the Mayor and City Council approved Resolution No. 2021-138 adopting the City’s Annual Operating Budget for Fiscal Year 2021/22. The budget included funding for the following Capital Improvement Projects: Perris Hill Park (YMCA Parking Lot) $200,000 from the Measure S Fund Packet Pg.1464 Page 2 2 5 2 Paul Villasenor Branch Library, $300,000 from the Public Use Facilities Fund ($73,000 already used to remove and replace the facility roof) Wildwood Park, $600,000 from the Measure S Fund Staff has prepared plans and specifications for the parking lot improvements project at Perris Hill Community Center, Paul Villasenor Branch Library, and Wildwood Park and the 5th Street Senior Center Parking Lot. The 5th Street Senior Center parking lot was not included in the CIP but was added as an alternate bid. The proposed scope of work includes replacing deteriorated asphalt concrete pavement, asphalt concrete overlay, installation of pipe swing gates, ADA ramps, and other items that are required by the Plans and Standard Specifications. At the development of the project, it was determined that Perris Hill Park (YMCA Parking lot) was deteriorated beyond repair and needs complete reconstruction, which was reflected in the bidding process as well as the security costs necessary to secure the parking lot from access after-hours. Discussion Project 13488 to provide parking lot improvements was advertised for public bidding on May 16, 2022, and May 18, 2022, in the San Bernardino County Sun Newspaper, F. W. Dodge, Construction Bid Board, High Desert Plan Room, San Diego Daily Transcript, Sub-Hub Online Plan Room, Reed Construction Data, Bid America Online, Construction Bid Source, Bid Ocean, the City’s website, and the San Bernardino Area Chamber of Commerce. Sealed bids were received and opened on June 9, 2022. The City received five bids as follows: Bidder Bid Amount Location All American Asphalt $1,672,149 Corona Hardy & Harbor $1,790,000 Lake Forest Vance Corporation $1,871,540 Beaumont Tryco Engineering $1,977,930 Rimforest Epsilon Engineering $2,479,194 Moreno Valley The City has reviewed the bid package and confirmed that All American Asphalt, of Corona, California, is the lowest responsible and responsive bidder, with a total bid of $1,672,149. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1e: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by improving travel surfaces and bringing public parks parking lots into ADA compliance. Financial Impact The fiscal impact for this project is the additional appropriation of $963,000 from the Measure S Fund. The project costs and associated funding are outlined in the table below. The total amount budgeted in the Fiscal Year 2021/22 CIP for these projects was $1,027,000. Estimated Project Cost Total Bid Amount $1,672,149.00 Construction Contingency $ 167,851.00 Engineering and Inspections $ 150,000.00 Total Contract Work $1,990,000.00 Packet Pg.1465 Page 3 2 5 2 The lowest bid, with project contingency and engineering inspections, reflect a total project cost of $1,990,000. Public Use Facilities Fund (266) Paul Villasenor Branch Library $ 227,000.00 Measure S Fund (007) Perris Hill (YMCA Parking Lot) $ 200,000.00 Measure S Fund (007) Wildwood Park $ 600,000.00 Budget Amendment Needed from Measure S Fund $ 963,000.00 Total Available Project Funding $1,990,000.00. Conclusion Adopt Resolution No. 2022-138 of the Mayor and City Council of the City of San Bernardino, California: 1.Approving the award of a construction contract with All American Asphalt, in the amount of $1,672,149 to provide parking lots improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and 2. Authorizing the Agency Director of Administrative Services to record a budget amendment from the Measure S fund to allocate an additional $963,000 to fund the project; and 3. Authorizing construction, contingencies, and inspection costs in the total amount of $1,990,000 for the parking lots improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park Project; and 4. Authorizing the City Manager or designee to execute all documents for the construction of the parking lots improvements to Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park project with All American Asphalt; and 5. Authorizing the City Manager or designee to expend the contingency fund, if necessary, to complete the project. Attachments Attachment 1 Resolution No. 2022-138 Attachment 2 Resolution No. 2022-138; Exhibit A – Contract Agreement Attachment 3 Bid Tabulation Attachment 4 All American Asphalt Bid Attachment 5 Location Map Ward: First Ward; Second Ward; Fourth Ward; Fifth Ward Synopsis of Previous Council Actions June 16, 2021 Mayor and City Council adopted Resolution No. 2021-138 approving Capital Improvement Program FY 2021/22. Packet Pg.1466 Page 4 2 5 2 Packet Pg.1467 Resolution No. 2022-138 Resolution 2022-138 June 8, 2022 Page 1 of 4 8 9 RESOLUTION NO. 2022-138 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING THE AWARD OF A CONSTRUCTION CONTRACT WITH ALL AMERICAN ASPHALT, IN THE AMOUNT OF $1,672,149 TO PROVIDE IMPROVEMENTS TO PERRIS HILL PARK, PAUL VILLASENOR BRANCH LIBRARY, AND WILDWOOD PARK; AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO RECORD A BUDGET AMENDMENT FROM THE MEASURE S FUND TO APPROPRIATE AN ADDITIONAL $963,000 TO FUND THE PROJECT; AUTHORIZING CONSTRUCTION, CONTINGENCIES AND INSPECTION COSTS IN THE TOTAL AMOUNT OF $1,990,000 FOR THE PARKING LOT IMPROVEMENTS OF PERRIS HILL PARK, PAUL VILLASENOR BRANCH LIBRARY, AND WILDWOOD PARK PROJECT; AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS FOR THE CONSTRUCTION OF THE PARKING LOT IMPROVEMENTS TO PERRIS HILL PARK, PAUL VILLASENOR BRANCH LIBRARY, AND WILDWOOD PARK PROJECT WITH ALL AMERICAN ASPHALT; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXPEND THE CONTINGENCY FUND, IF NECESSARY, TO COMPLETE THE PROJECT WHEREAS, the City is responsible for maintaining parking lots at Perris Hill Park, Paul Villasenor Branch Library, and Wildwood Park in the City of San Bernardino; and WHEREAS, on June 16, 2021, the Mayor and City Council adopted Resolution No. 2021- 138 approving the FY 2021/2022 Capital Improvement Plan (CIP), establishing the funding for the construction of Perris Hill Park (YMCA Parking Lot), Paul Villasenor Branch Library, and Wildwood Park design Improvements project; and WHEREAS, on May 10, 2022, staff administered a competitive process for Parking Lot Improvements at Various Locations Project No.13488 (“Project”) resulting in five bids submittals; and WHEREAS, All American Asphalt of Corona, California, has been determined to be the lowest responsible and responsive bidder; and Packet Pg.1468 Resolution No. 2022-138 Resolution 2022-138 June 8, 2022 Page 2 of 4 8 9 WHEREAS, the City now wishes to enter into a Construction Agreement with All American Asphalt of Corona, California, in the amount of $1,990,000 to complete the Project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2.The Mayor and City Council hereby authorize the City Manager, or designee, to execute all documents for the construction of Perris Hill Park (YMCA Parking Lot), Paul Villasenor Branch Library, and Wildwood Park Improvements Project with All American Asphalt, of Corona, California, for Project No. 13488 on behalf of the City and to expend contingency funds, if necessary, to complete the Project. SECTION 3.The Mayor and City Council hereby authorize the Agency Director of Administrative Services to appropriate funds in the amount of $963,000 from Measure S Fund saving to fund the Project. SECTION 4. The Mayor and City Council hereby authorize the Agency Director of Administrative Services to issue a purchase order in the amount of $1,672,149 to All American Asphalt (not including contingencies or Inspection and testing), of Corona, California, in support of the Construction Agreement. SECTION 5. As the decision-making body for the project, the City Council has reviewed and considered the information contained in the administrative record for the proposed project. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the City Council, the City Council finds, as follows: (1) The administrative record has been completed in compliance with CEQA, the State CEQA Guidelines, and the City’s Local CEQA Guidelines. (2) The proposed project is exempt from the requirements of the California Environmental Quality Act pursuant to Section 15301 (Class 1 – Existing Facilities) of the CEQA Guidelines because it involves parking lots improvements. Additionally, 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. (3) The application of the Class 1 categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 renovation of parking lots does not present any unusual circumstances; would not damage scenic resources, including any resources Packet Pg.1469 Resolution No. 2022-138 Resolution 2022-138 June 8, 2022 Page 3 of 4 8 9 in the area of a Scenic Highway; would not be utilized on a hazardous waste site; and would not impact historic resources of any kind; and (4) The determination of CEQA exemption reflects the independent judgment of the City Council. SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1470 Resolution No. 2022-138 Resolution 2022-138 June 8, 2022 Page 4 of 4 8 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-138, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1471 Packet Pg.1472 Packet Pg.1473 Packet Pg.1474 BID TABULATIONFORPARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONSSPECIAL PROVISIONS NO. 13488 BID SCHEDULE PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS Special Provisions NO. 13488 ITEM NO.BID ITEM DESCRIPTIONESTIMATED QUANTITY UNITUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTALUNIT PRICETOTAL1 TOTAL BID SCHEDULE No. 1:1LS757,144.00$ - 800,000.00$ - 922,780.00$ - 821,100.00$ - 1,077,180.00$ 2 TOTAL BID SCHEDULE No. 2:1LS322,805.00$ - 320,000.00$ - 421,780.00$ - 384,790.00$ - 397,848.75$ 3 TOTAL BID SCHEDULE No. 3:1LS592,200.00$ - 670,000.00$ - 526,760.00$ - 772,040.00$ - 1,004,165.50$ TOTAL BID SCHEDULETotalsBID OPENING: 2:00 P.M., JUNE 9, 2022 4TH LOW TRYCO GENERAL ENGINEERING 1,977,930.00$ 5TH LOW EPSILON ENGINEERING 2,479,194.25$ 1,672,149.00$ 1,790,000.00$ 1,871,320.00$ APPARENT LOW BIDDER ALL AMERICAN ASHALT 2ND LOW HARDY & HARPER, INC 3RD LOW VANCE CORPERATION &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1475 BID TABULATIONFORPARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONSSPECIAL PROVISIONS NO. 13488 BID SCHEDULE No. 1 PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS Special Provisions NO. 13488 ITEM NO.BID ITEM DESCRIPTIONESTIMATED QUANTITY UNITUNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL1 Mobilization1LS $ 52,500.00 52,500.00$ $ 38,500.00 38,500.00$ $ 35,300.00 35,300.00$ $ 60,000.00 60,000.00$ $ 62,400.00 62,400.00$ 2Clearing and Grubbing, Unclassified Excavation and Unclassified Fill, and Grading for Native Soil Areas1LS8,800.00$ 8,800.00$ 45,000.00$ 45,000.00$ 50,200.00$ 50,200.00$ 28,000.00$ 28,000.00$ 19,500.00$ 19,500.00$ 3 Traffic Control1LS31,000.00$ 31,000.00$ 30,000.00$ 30,000.00$ 8,600.00$ 8,600.00$ 8,000.00$ 8,000.00$ 6,500.00$ 6,500.00$ 4 Storm Water Pollution and Prevention Plan and NPDES Compliance1LS6,400.00$ 6,400.00$ 5,000.00$ 5,000.00$ 3,500.00$ 3,500.00$ 3,800.00$ 3,800.00$ 6,500.00$ 6,500.00$ 5Install 4” wide white stripping, Signing, and Markings, completed per plans and specifications; Red or Blue Striping as Required1LS5,470.00$ 5,470.00$ 15,000.00$ 15,000.00$ 8,800.00$ 8,800.00$ 12,000.00$ 12,000.00$ 9,750.00$ 9,750.00$ 6 Crack Routing and Sealing; Preparation for Paving1LS6,270.00$ 6,270.00$ 5,000.00$ 5,000.00$ 6,200.00$ 6,200.00$ 10,000.00$ 10,000.00$ 62,400.00$ 62,400.00$ 7Cold Mill 2” Uniform Depth – Full Parking Lot Width & Maintenance Path Per Specifications96,000SF0.40$ 38,400.00$ 0.50$ 48,000.00$ 0.77$ 73,920.00$ 0.50$ 48,000.00$ 1.30$ 124,800.00$ 8 3” AC Overlay Per Specifications1,800TN118.00$ 212,400.00$ 110.00$ 198,000.00$ 104.00$ 187,200.00$ 148.00$ 266,400.00$ 208.00$ 374,400.00$ 9 Remove and Replace 5” of Existing Asphalt Concrete Per Specifications.360TN223.00$ 80,280.00$ 225.00$ 81,000.00$ 104.00$ 37,440.00$ 190.00$ 68,400.00$ 266.50$ 95,940.00$ 10 Construct 8” AC Curb per City of San Bernardino Standard 103100LF19.00$ 1,900.00$ 35.00$ 3,500.00$ 37.00$ 3,700.00$ 85.00$ 8,500.00$ 52.00$ 5,200.00$ 11 Construct 12” AC Thickened Edge per City of San Bernardino Detail on Drawing 19200LF7.00$ 1,400.00$ 75.00$ 15,000.00$ 4.00$ 800.00$ 148.00$ 29,600.00$ 78.00$ 15,600.00$ 12 Construct 6” PCC Commercial Driveway per City of San Bernardino Standard 204.4EA10,000.00$ 40,000.00$ 5,500.00$ 22,000.00$ 11,200.00$ 44,800.00$ 7,800.00$ 31,200.00$ 8,775.00$ 35,100.00$ 13 Construct 6” Concrete Slab with 12” Center to Center #3 Rebar Mat700SF27.00$ 18,900.00$ 27.00$ 18,900.00$ 41.00$ 28,700.00$ 38.00$ 26,600.00$ 11.05$ 7,735.00$ 14 Construct Type A PCC Curb per City of San Bernardino Standard 200300LF42.00$ 12,600.00$ 90.00$ 27,000.00$ 142.00$ 42,600.00$ 89.00$ 26,700.00$ 31.20$ 9,360.00$ 15Construct PCC Sidewalk, Bypass and/or Transition Panel Over Compacted Subgrade per City of San Bernardino Standard 202700SF12.00$ 8,400.00$ 14.00$ 9,800.00$ 19.00$ 13,300.00$ 20.00$ 14,000.00$ 8.78$ 6,142.50$ 16Construct ADA PCC Curb Access Ramp with 3’ x 4’ Cast-in-Place Truncated Dome Surface, 5’ Min Transition Panels3EA5,330.00$ 15,990.00$ 8,000.00$ 24,000.00$ 10,900.00$ 32,700.00$ 4,800.00$ 14,400.00$ 3,770.00$ 11,310.00$ 17 Add 3’x4’ Federal Yellow Glue Down Truncated Domes1EA1,200.00$ 1,200.00$ 2,500.00$ 2,500.00$ 720.00$ 720.00$ 1,100.00$ 1,100.00$ 682.50$ 682.50$ 18 Construct Non-Typical Two-Way ADA Ramp with Railing1EA15,900.00$ 15,900.00$ 13,000.00$ 13,000.00$ 10,100.00$ 10,100.00$ 14,000.00$ 14,000.00$ 10,400.00$ 10,400.00$ 19 Construct Parkway Culvert per City of San Bernardino Standard 4010EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 Construct And Install Guard Rail Per Caltrans Specifications400LF63.00$ 25,200.00$ 60.00$ 24,000.00$ 75.00$ 30,000.00$ 150.00$ 60,000.00$ 127.40$ 50,960.00$ 21Move and Refurbish Existing Maintenance Vehicle Access Pipe Swing Gate; Add Tie-Posts1EA13,700.00$ 13,700.00$ 13,000.00$ 13,000.00$ 10,300.00$ 10,300.00$ 5,800.00$ 5,800.00$ 6,240.00$ 6,240.00$ 22Remove and Replace Maintenance Vehicle Access Pipe Swing Gate W/ Tie-Posts Per Specifications1EA15,500.00$ 15,500.00$ 15,000.00$ 15,000.00$ 16,400.00$ 16,400.00$ 9,800.00$ 9,800.00$ 8,840.00$ 8,840.00$ 23 Install New Pipe Swing Gate W/ Tie-Posts Per Specifications0EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 24Install Surface Mounted Stainless Steel Bike Racks or Approved Equal Per Specifications12EA592.00$ 7,104.00$ 1,600.00$ 19,200.00$ 900.00$ 10,800.00$ 600.00$ 7,200.00$ 1,560.00$ 18,720.00$ 25 Refurbish Awning at YMCA Entrance1EA6,630.00$ 6,630.00$ 2,000.00$ 2,000.00$ 6,500.00$ 6,500.00$ 14,000.00$ 14,000.00$ -$ -$ 22 Remove Existing Light Foundation/Standard0EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 27 Remove Existing Concrete Wheel Stops0EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28 Remove Existing Tree and Roots and/or Trim0EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 29 Construct and Install Asphalt Speed Bump Per Specifications0EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30 Remove and Replace Existing Asphalt Speed Bump0EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 31 Construct PCC Ribbon Gutter per City of San Bernardino Standard 2010LF-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 32Construction Project Sign2EA1,600.00$ 3,200.00$ 2,000.00$ 4,000.00$ 2,100.00$ 4,200.00$ 1,200.00$ 2,400.00$ 1,950.00$ 3,900.00$ 33Repair/Reconstruct Existing “Mow” Curb on Park Pathway.3,200LF40.00$ 128,000.00$ 38.00$ 121,600.00$ 80.00$ 256,000.00$ 16.00$ 51,200.00$ 39.00$ 124,800.00$ SUBTOTAL BID SCHEDULETotals 4TH LOW TRYCO GENERAL ENGINEERING BID SCHEDULE NO. 1 PERRIS HILL YMCA & SENIOR COMMUNITY CENTER 5TH LOW EPSILON ENGINEERING 1,077,180.00$ 922,780.00$ 821,100.00$ 757,144.00$ 800,000.00$ 3RD LOW VANCE CORPERATION BID OPENING: 2:00 P.M., JUNE 9, 2022 APPARENT LOW BIDDER ALL AMERICAN ASHALT 2ND LOW HARDY & HARPER, INC &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1476 BID TABULATIONFORPARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONSSPECIAL PROVISIONS NO. 13488 BID SCHEDULE No.2 PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS Special Provisions NO. 13488 ITEM NO.BID ITEM DESCRIPTIONESTIMATED QUANTITY UNITUNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL1 Mobilization1 LS $ 27,600.00 27,600.00$ $ 19,550.00 19,550.00$ $ 17,600.00 17,600.00$ $ 40,000.00 40,000.00$ $ 26,000.00 26,000.00$ 2 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill, and Grading for Native Soil Areas 1 LS4,200.00$ 4,200.00$ 15,000.00$ 15,000.00$ 29,500.00$ 29,500.00$ 20,000.00$ 20,000.00$ 13,000.00$ 13,000.00$ 3 Traffic Control1 LS15,000.00$ 15,000.00$ 10,000.00$ 10,000.00$ 6,000.00$ 6,000.00$ 6,000.00$ 6,000.00$ 6,500.00$ 6,500.00$ 4 Storm Water Pollution and Prevention Plan and NPDES Compliance1 LS3,000.00$ 3,000.00$ 2,000.00$ 2,000.00$ 3,500.00$ 3,500.00$ 3,800.00$ 3,800.00$ 6,500.00$ 6,500.00$ 5Install 4” wide white stripping, Signing, and Markings, completed per plans and specifications; Red or Blue Striping as Required1 LS5,400.00$ 5,400.00$ 5,000.00$ 5,000.00$ 5,500.00$ 5,500.00$ 12,000.00$ 12,000.00$ 6,500.00$ 6,500.00$ 6 Crack Routing and Sealing; Preparation for Paving1 LS2,800.00$ 2,800.00$ 3,000.00$ 3,000.00$ 3,100.00$ 3,100.00$ 10,000.00$ 10,000.00$ 23,400.00$ 23,400.00$ 7 Cold Mill 2” Uniform Depth – Full Parking Lot Width & Maintenance Path Per Specifications 36,000 SF0.55$ 19,800.00$ 0.50$ 18,000.00$ 1.35$ 48,600.00$ 0.60$ 21,600.00$ 1.30$ 46,800.00$ 8 3” AC Overlay Per Specifications720 TN114.00$ 82,080.00$ 130.00$ 93,600.00$ 167.00$ 120,240.00$ 187.00$ 134,640.00$ 208.00$ 149,760.00$ 9 Remove and Replace 5” of Existing Asphalt Concrete Per Specifications.60 TN415.00$ 24,900.00$ 225.00$ 13,500.00$ 620.00$ 37,200.00$ 180.00$ 10,800.00$ 266.50$ 15,990.00$ 10 Construct 8” AC Curb per City of San Bernardino Standard 1030 LF-$ -$ -$ -$ -$ -$ -$ -$ -$ 11 Construct 12” AC Thickened Edge per City of San Bernardino Detail on Drawing 19 0 LF-$ -$ -$ -$ -$ -$ -$ -$ -$ 12 Construct 6” PCC Commercial Driveway per City of San Bernardino Standard 204. 1 EA10,000.00$ 10,000.00$ 5,500.00$ 5,500.00$ 10,800.00$ 10,800.00$ 7,800.00$ 7,800.00$ 8,775.00$ 8,775.00$ 13 Construct 6” Concrete Slab with 12” Center to Center #3 Rebar Mat180 SF26.00$ 4,680.00$ 30.00$ 5,400.00$ 38.00$ 6,840.00$ 40.00$ 7,200.00$ 13.00$ 2,340.00$ 14 Construct Type A PCC Curb per City of San Bernardino Standard 200200 LF40.00$ 8,000.00$ 90.00$ 18,000.00$ 141.00$ 28,200.00$ 89.00$ 17,800.00$ 31.20$ 6,240.00$ 15Construct PCC Sidewalk, Bypass and/or Transition Panel Over Compacted Subgrade per City of San Bernardino Standard 2021,450 SF12.00$ 17,400.00$ 14.00$ 20,300.00$ 19.50$ 28,275.00$ 18.00$ 26,100.00$ 8.78$ 12,723.75$ 16Construct ADA PCC Curb Access Ramp with 3’ x 4’ Cast-in-Place Truncated Dome Surface, 5’ Min Transition Panels3 EA5,330.00$ 15,990.00$ 8,000.00$ 24,000.00$ 11,500.00$ 34,500.00$ 4,800.00$ 14,400.00$ 4,225.00$ 12,675.00$ 17 Add 3’x4’ Federal Yellow Glue Down Truncated Domes0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 18 Construct Non-Typical Two-Way ADA Ramp with Railing0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 19 Construct Parkway Culvert per City of San Bernardino Standard 4012 EA8,700.00$ 17,400.00$ 8,000.00$ 16,000.00$ 5,000.00$ 10,000.00$ 4,800.00$ 9,600.00$ 5,850.00$ 11,700.00$ 20 Construct And Install Guard Rail Per Caltrans Specifications0 LF-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 21 Move and Refurbish Existing Maintenance Vehicle Access Pipe Swing Gate; Add Tie-Posts 0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 22 Remove and Replace Maintenance Vehicle Access Pipe Swing Gate W/ Tie-Posts Per Specifications 0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 23 Install New Pipe Swing Gate W/ Tie-Posts Per Specifications0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 24 Install Surface Mounted Stainless Steel Bike Racks or Approved Equal Per Specifications 0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 25 Refurbish Awning at YMCA Entrance0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 26 Remove Existing Light Foundation/Standard0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 27 Remove Existing Concrete Wheel Stops15 EA217.00$ 3,255.00$ 150.00$ 2,250.00$ 155.00$ 2,325.00$ 150.00$ 2,250.00$ 195.00$ 2,925.00$ 28 Remove Existing Tree and Roots and/or Trim8 EA1,300.00$ 10,400.00$ 1,300.00$ 10,400.00$ 1,300.00$ 10,400.00$ 1,300.00$ 10,400.00$ 3,900.00$ 31,200.00$ 29 Construct and Install Asphalt Speed Bump Per Specifications0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 30 Remove and Replace Existing Asphalt Speed Bump0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 31 Construct PCC Ribbon Gutter per City of San Bernardino Standard 201300 LF159.00$ 47,700.00$ 115.00$ 34,500.00$ 50.00$ 15,000.00$ 92.00$ 27,600.00$ 36.40$ 10,920.00$ 32Construction Project Sign2 EA1,600.00$ 3,200.00$ 2,000.00$ 4,000.00$ 2,100.00$ 4,200.00$ 1,400.00$ 2,800.00$ 1,950.00$ 3,900.00$ 33Repair/Reconstruct Existing “Mow” Curb on Park Pathway.0 LF-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL BID SCHEDULETotals 5TH LOW EPSILON ENGINEERING 397,848.75$ BID OPENING: 2:00 P.M., JUNE 9, 2022 APPARENT LOW BIDDER ALL AMERICAN ASHALT 2ND LOW HARDY & HARPER, INC 3RD LOW VANCE CORPERATION 4TH LOW TRYCO GENERAL ENGINEERING BID SCHEDULE NO. 2 PAUL VILLASENIOR LIBRARY 322,805.00$ 320,000.00$ 421,780.00$ 384,790.00$ &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1477 BID TABULATIONFORPARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONSSPECIAL PROVISIONS NO. 13488 BID SCHEDULE No.3 PARKING LOT IMPROVEMENTS AT VARIOUS LOCATIONS Special Provisions NO. 13488 ITEM NO.BID ITEM DESCRIPTIONESTIMATED QUANTITY UNITUNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL UNIT PRICE TOTAL1 Mobilization1 LS $ 36,300.00 36,300.00$ $ 26,340.00 26,340.00$ $ 17,600.00 17,600.00$ $ 40,000.00 40,000.00$ $ 63,700.00 63,700.00$ 2 Clearing and Grubbing, Unclassified Excavation and Unclassified Fill, and Grading for Native Soil Areas 1 LS5,660.00$ 5,660.00$ 30,000.00$ 30,000.00$ 35,600.00$ 35,600.00$ 20,000.00$ 20,000.00$ 19,500.00$ 19,500.00$ 3 Traffic Control1 LS20,000.00$ 20,000.00$ 15,000.00$ 15,000.00$ 8,600.00$ 8,600.00$ 6,000.00$ 6,000.00$ 6,500.00$ 6,500.00$ 4 Storm Water Pollution and Prevention Plan and NPDES Compliance1 LS4,100.00$ 4,100.00$ 5,000.00$ 5,000.00$ 3,500.00$ 3,500.00$ 3,800.00$ 3,800.00$ 6,500.00$ 6,500.00$ 5Install 4” wide white stripping, Signing, and Markings, completed per plans and specifications; Red or Blue Striping as Required1 LS5,470.00$ 5,470.00$ 10,000.00$ 10,000.00$ 7,700.00$ 7,700.00$ 14,000.00$ 14,000.00$ 9,750.00$ 9,750.00$ 6 Crack Routing and Sealing; Preparation for Paving1 LS6,270.00$ 6,270.00$ 5,000.00$ 5,000.00$ 6,200.00$ 6,200.00$ 10,000.00$ 10,000.00$ 62,400.00$ 62,400.00$ 7 Cold Mill 2” Uniform Depth – Full Parking Lot Width & Maintenance Path Per Specifications 96,000 SF0.35$ 33,600.00$ 0.50$ 48,000.00$ 0.50$ 48,000.00$ 0.85$ 81,600.00$ 1.30$ 124,800.00$ 8 3” AC Overlay Per Specifications1,800 TN107.00$ 192,600.00$ 110.00$ 198,000.00$ 67.00$ 120,600.00$ 128.00$ 230,400.00$ 208.00$ 374,400.00$ 9 Remove and Replace 5” of Existing Asphalt Concrete Per Specifications.180 TN233.00$ 41,940.00$ 225.00$ 40,500.00$ 210.00$ 37,800.00$ 140.00$ 25,200.00$ 266.50$ 47,970.00$ 10 Construct 8” AC Curb per City of San Bernardino Standard 103360 LF18.00$ 6,480.00$ 35.00$ 12,600.00$ 37.00$ 13,320.00$ 38.00$ 13,680.00$ 52.00$ 18,720.00$ 11 Construct 12” AC Thickened Edge per City of San Bernardino Detail on Drawing 19 720 LF7.00$ 5,040.00$ 75.00$ 54,000.00$ 4.00$ 2,880.00$ 128.00$ 92,160.00$ 78.00$ 56,160.00$ 12 Construct 6” PCC Commercial Driveway per City of San Bernardino Standard 204. 3 EA10,000.00$ 30,000.00$ 5,500.00$ 16,500.00$ 10,000.00$ 30,000.00$ 6,800.00$ 20,400.00$ 8,775.00$ 26,325.00$ 13 Construct 6” Concrete Slab with 12” Center to Center #3 Rebar Mat0 SF-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 14 Construct Type A PCC Curb per City of San Bernardino Standard 2000 LF-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 15Construct PCC Sidewalk, Bypass and/or Transition Panel Over Compacted Subgrade per City of San Bernardino Standard 202840 SF12.00$ 10,080.00$ 14.00$ 11,760.00$ 19.00$ 15,960.00$ 20.00$ 16,800.00$ 8.78$ 7,371.00$ 16Construct ADA PCC Curb Access Ramp with 3’ x 4’ Cast-in-Place Truncated Dome Surface, 5’ Min Transition Panels0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 17 Add 3’x4’ Federal Yellow Glue Down Truncated Domes3 EA1,200.00$ 3,600.00$ 2,500.00$ 7,500.00$ 720.00$ 2,160.00$ 1,000.00$ 3,000.00$ 682.50$ 2,047.50$ 18 Construct Non-Typical Two-Way ADA Ramp with Railing0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 19 Construct Parkway Culvert per City of San Bernardino Standard 4010 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 20 Construct And Install Guard Rail Per Caltrans Specifications780 LF63.00$ 49,140.00$ 60.00$ 46,800.00$ 68.00$ 53,040.00$ 180.00$ 140,400.00$ 127.40$ 99,372.00$ 21 Move and Refurbish Existing Maintenance Vehicle Access Pipe Swing Gate; Add Tie-Posts 0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 22 Remove and Replace Maintenance Vehicle Access Pipe Swing Gate W/ Tie-Posts Per Specifications 0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 23 Install New Pipe Swing Gate W/ Tie-Posts Per Specifications8 EA15,000.00$ 120,000.00$ 14,000.00$ 112,000.00$ 11,800.00$ 94,400.00$ 6,000.00$ 48,000.00$ 5,200.00$ 41,600.00$ 24 Install Surface Mounted Stainless Steel Bike Racks or Approved Equal Per Specifications 0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 25 Refurbish Awning at YMCA Entrance0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 26 Remove Existing Light Foundation/Standard0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 27 Remove Existing Concrete Wheel Stops0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 28 Remove Existing Tree and Roots and/or Trim0 EA-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 29 Construct and Install Asphalt Speed Bump Per Specifications5 EA2,080.00$ 10,400.00$ 3,000.00$ 15,000.00$ 2,800.00$ 14,000.00$ 400.00$ 2,000.00$ 4,550.00$ 22,750.00$ 30 Remove and Replace Existing Asphalt Speed Bump4 EA2,080.00$ 8,320.00$ 3,000.00$ 12,000.00$ 2,800.00$ 11,200.00$ 450.00$ 1,800.00$ 2,600.00$ 10,400.00$ 31 Construct PCC Ribbon Gutter per City of San Bernardino Standard 2010 LF-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ 32Construction Project Sign2 EA1,600.00$ 3,200.00$ 2,000.00$ 4,000.00$ 2,100.00$ 4,200.00$ 1,400.00$ 2,800.00$ 1,950.00$ 3,900.00$ 33Repair/Reconstruct Existing “Mow” Curb on Park Pathway.0 LF-$ -$ -$ -$ -$ -$ -$ -$ -$ -$ SUBTOTAL BID SCHEDULETotals 5TH LOW EPSILON ENGINEERING 1,004,165.50$ BID OPENING: 2:00 P.M., JUNE 9, 2022 APPARENT LOW BIDDER ALL AMERICAN ASHALT 2ND LOW HARDY & HARPER, INC 3RD LOW VANCE CORPERATION 4TH LOW TRYCO GENERAL ENGINEERING BID SCHEDULE NO. 3 WILDWOOD PARK592,200.00$ 670,000.00$ 526,760.00$ 772,040.00$ &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1478 Packet Pg.1479 Packet Pg.1480 Packet Pg.1481 Packet Pg.1482 Packet Pg.1483 Packet Pg.1484 Packet Pg.1485 Packet Pg.1486 Packet Pg.1487 Packet Pg.1488 Packet Pg.1489 Packet Pg.1490 Packet Pg.1491 Packet Pg.1492 Packet Pg.1493 Packet Pg.1494 Packet Pg.1495 Packet Pg.1496 Packet Pg.1497 Packet Pg.1498 Packet Pg.1499 Packet Pg.1500 Packet Pg.1501 Packet Pg.1502 Packet Pg.1503 Packet Pg.1504 Packet Pg.1505 Packet Pg.1506 Packet Pg.1507 Packet Pg.1508 Packet Pg.1509 Packet Pg.1510 Packet Pg.1511 Packet Pg.1512 Page 1 2 5 4 CONSENT CALENDAR City of San Bernardino Request for Council Action Recommendation Adopt Ordinance MC-1584 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). Background On June 5, 2019, the Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for July 17, 2019, for the issue of establishment of the community facilities district. Discussion On June 15, 2022, the Mayor and City Council introduced, read by title only, and waived further reading of Ordinance MC-1584. The Ordinance is now being returned to the Mayor and City Council for adoption. The Ordinance will become effective 30 days from the date of adoption. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager By: Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Adoption of Ordinance MC-1584 (Ward 1) Packet Pg.1513 Page 2 2 5 4 Financial Impact There is no fiscal impact associated with the recommended action of this item. All costs associated with annexing property into the District has been borne by the Property Owner. By annexing the subject property into the District, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD 2019-1 and not through the City’s General Fund. Conclusion Adopt Ordinance MC-1584 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance MC-1522 and levying special taxes to be collected during Fiscal Year 2022-2023 to pay the annual costs of the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, parks and trail maintenance, a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services). Attachments Attachment 1 Ordinance MC-1584 (Ordinance Levying Special Taxes) Attachment 2 Exhibit A – Description of Services Attachment 3 Exhibit B – Description of Territory Attachment 4 Project Location Map Ward: 1 Synopsis of Previous Council Actions: June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Mayor and City Council adopted Resolution No. 2019-178 establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 declaring election results for Community Facilities District No. 2019-1; and conducted the first reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Mayor and City Council conducted the final reading of Ordinance MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. May 4, 2022 Mayor and City Council adopted Resolution No. 2022-83, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Packet Pg.1514 Page 3 2 5 4 Facilities Act of 1982.” June 15, 2022 Mayor and City Council adopted Resolution No. 2022-112 calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Annexation No. 15) and adopted Resolution No. 2022-113 declaring election results for Community Facilities District No. 2019-1 (Annexation No. 15); and introduced Ordinance No. MC-1584 amending Ordinance MC-1522. Packet Pg.1515 Ordinance MC-1584 1 ORDINANCE NO. MC-1584 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AMENDING ORDINANCE NO. MC-1522 AND LEVYING SPECIAL TAXES TO BE COLLECTED DURING FISCAL YEAR 2022-2023 TO PAY THE ANNUAL COSTS OF THE MAINTENANCE AND SERVICING OF LANDSCAPING, LIGHTING, WATER QUALITY IMPROVEMENTS, GRAFFITI, STREETS, STREET SWEEPING, PARKS AND TRAIL MAINTENANCE, A RESERVE FUND FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE EXPENSES WITH RESPECT TO CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services), County of San Bernardino, State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and WHEREAS, on June 15, 2022, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on Packet Pg.1516 Ordinance MC-1584 2 the proposition of levying a special tax, and establishing an appropriations limit within the District; and WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two-thirds vote required by the Act. THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS: SECTION 1.Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, graffiti, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019-81, attached hereto and by this reference made a part hereof. SECTION 2.Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2022-2023, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes. SECTION 3.Transmittal to County. The City Clerk shall immediately, following adoption of this ordinance, transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels. SECTION 4.Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California. SECTION 5.Effective Date. This ordinance shall become effective thirty (30) days after its adoption. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2022. John Valdivia, Mayor City of San Bernardino Packet Pg.1517 Ordinance MC-1584 3 Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1518 Ordinance MC-1584 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1584, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 15th day of June 2022. Ordinance No. MC-1584 was approved, passed and adopted at a regular meeting held the ____ day of ______, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1519 EXHIBIT A DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Pg.1520 EXHIBIT B COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2022-23 (Effective as of July 20, 2022) ASSESSOR'S PARCEL NUMBERS Annexation Owner Assessor's Parcel Numbers Original Formation Cauffman Family Trust 4/20/98 0142-041-43 Cauffman Family Trust 5/4/11 0142-041-46 1 17329, LLC 0348-111-52, 0261-031-10, -11, and 0261-062-11 thru -14 2 GWS #4 Development, LLC 0141-431-24 3 Devore Storage Facility, LLC 0266-041-39 4 TH Rancho Palma, LLC 0261-181-16, -17 5 Strata Palma, LLC 0261-182-41 6 San Bernardino Medical Center, LLC 0147-114-01 7 ICO Fund VI, LLC 0281-161-48 8 TR 2600 Cajon Industrial LLC 0148-122-04 9 Central Commerce Center, LLC 0280-151-02 thru -09, -20, -21 10 Lankershim Industrial, LP 1192-311-01 11 Prologis, LP 0137-011-01, -31, 0137-051-27 (Por.), 0137-052-46, 0274-011-11, -12, -34, -35, -42, -43 12 Dreamland Real Estate Holdings 0281-061-35 13 Magic Laundry Services, Inc. 0141-282-05 and -06 14 Ahmad Family Trust 0136-191-21 15 Gateway SB, LLC 0134-054-02 (Por.), -07 (Por.), -08(Por.), -09 (Por.), -20 (Por.), -24, -25, -33 16 RCH-CWI Belmont, LP 0261-712-01 thru -16 17 George A. Pearson 0142-212-18 18 To Be Determined 19 170 East 40th Street, LLC 0154-242-22 and -23 20 108 Highland, LP 0150-221-78 21 To Be Determined 22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18 Packet Pg.1521 PROJECT MAP CFD NO. 2019-1 (MAINTENANCE SERVICES) TAX ZONE 16   &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1522 Page 1 2 5 7 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations and Maintenance Department:Public Works Subject:Rejecting Construction Bids for Citywide Pavement Rehabilitation (Slurry/Crack Seal) (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, Reject Construction Bids for the Citywide Pavement Rehabilitation (Slurry/Crack Seal) Background The Department of Public Works is responsible for maintaining streets Citywide. In March 2020, a Pavement Management Analysis (PMA) was completed which used scientific methods to rate the condition of all public streets in the City. Street segments (intersection to intersection) were rated based on Remaining Service Life (RSL) in years with a rating of 20 representing the condition of a recently completed street. Segments with RSL between 10 and 20 are usually maintained using crack sealing, and slurry sealing. Segments with an RSL of 10 or less are generally in need of major maintenance usually consisting of mill and overlay. Segments with RSL less than 5 require complete removal and replacement. Based on the City’s Pavement Maintenance Program, it was determined that crack filling and slurry sealing is the most cost-effective maintenance strategy for residential streets. This is an annual slurry sealing project and residential streets will be selected for new slurry sealing projects each year to the extent that funding permits. The purpose of this project is to rehabilitate the streets with an approach that it is economically. In anticipation of this work, a Citywide Pavement Rehabilitation (Slurry/Crack Seal) project was included in the FY 2021/22 Capital Improvement Plan (CIP) adopted on June 16, 2021, by the Mayor and City Council. The CIP established a Measure I Fund in the amount of $1,000,000 for Citywide Pavement Rehabilitation (Slurry/Crack Seal) to slurry seal street segments within City limits to help preserve asphalt for seven (7) additional years. Packet Pg.1523 Page 2 2 5 7 Discussion Project 13498 for the Citywide Pavement Rehabilitation (Slurry/Crack Seal) was advertised for public bidding on April 22, 2022, and April 27, 2022, in the San Bernardino County Sun Newspaper, Bid America Plan Room, E-Bid Board Plan Room, and City’s website. Sealed bids were received and opened on May 26, 2022. The City received three bids as follows: Bidder City Base Bid All American Asphalt, Inc.Corona $3,285,285.00 Onyx Paving Company, Inc.Anaheim $3,333,000.00 Hardy & Harbor, Inc.Lake Forest $4,672,560.00 The City has reviewed the bid package and confirmed that All American Asphalt of City of Industry, California, is the lowest responsible and responsive bidder, with a total bid amount of $3,285,285.00. The lowest bid is significantly above the Engineer’s overall estimate. Staff recommends that the City rejects all bids submitted for the subject project at this time. Staff will value engineer the project and will release another Notice Inviting Bids. The Public Contract Code section 20166 states that the legislative body “may reject any bids presented and readvertise.” Staff will reevaluate the project and advertise once consensus is reached on how to improve bid results. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No.1: Improved Operational & Financial Capacity - Minimize risk and litigation exposure. Approval of this resolution will result in public improvements being constructed that minimize risk and litigation exposure by maintain the City Infrastructure system. Financial Impact There is no fiscal impact with the proposed action. The available funding for this project is $1,000,000 and lowest bid received was $3,285,285. The funding shortfall does not allow for this project to be completed within the approved budget. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, Reject Construction Bids for the Citywide Pavement Rehabilitation (Slurry/Crack Seal). Attachments Attachment 1 – Bid Tabulation Ward: All Synopsis of Previous Council Actions: None Packet Pg.1524 BID TABULATIONFORCITYWIDE PAVEMENT REHABILITATIONPLAN NO. 13498BIDOPENING: 2:00 P.M., MAY 26, 2022 FILE: ACCT NO. 129-160-5504-7306-0025 Item No.BID ITEM DESCRIPTION Estimated Quantity UnitBID SCHEDULEUnit Price Total Unit Price Total Unit Price Total Unit Price Total1 Mobilization1LS300,000.00 300,000.00142,750.00142,750.0053,000.0053,000.00100,000.00100,000.002 Traffic Control1LS240,000.00 240,000.00443,000.00443,000.00501,500.00501,500.00203,000.00203,000.003Clearing and Grubbing1LS10,000.00 10,000.00555,000.00555,000.00222,500.00222,500.00100,000.00100,000.004 Stormwater Pollutin and Prevention Plan and NPDES Compliance 1 LS11,000.00 11,000.0027,000.0027,000.0016,430.0016,430.0015,000.0015,000.005Construct PCC Curb and Gutter per City of San Bernardino Standard 200, Type B to match existing; Mill all curb cuts2,000 LF62.00 124,000.0048.0096,000.00113.50227,000.0065.00130,000.006Construct 6" PCC Residential Driveway over subgrade per City of San Bernardino Standard 203, Mill all Curb Cuts40 EA4,850.00 194,000.002,000.0080,000.005,660.00226,400.002,800.00112,000.007Construct 6" PCC Commercial Driveway over subgrade per City of San Bernardino Standard 204, Mill all curb cuts6EA11,400.00 68,400.005,000.0030,000.0012,570.0075,420.007,000.0042,000.008Construct PCC Curb Access ADA Ramp with 3'x4' Cast-in-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter and AC Slot Patch70 EA6,180.00 432,600.004,500.00315,000.0010,560.00739,200.005,300.00371,000.009Construct PCC Curb Access Ramp over existing culvert with 3'x4' Cast-in-Place Truncated Dome Surface, Min 5' Transition Panels, Curb & Gutter and AC Slot Patch, includes rebuilding and/or replacing deck drain lid10 EA7,000.00 70,000.007,600.0076,000.0018,100.00181,000.007,500.0075,000.0010Construct PCC Sidewalk, bypass and/or transition panel over subgrade compacted to 95% Relative Compaction per City of San Bernardino Standard 202; Mill all curb cuts6,500 SF15.00 97,500.007.5048,750.0019.00123,500.0010.0065,000.0011Construct 8" PCC Spandrel and/or 8" Cross Gutter per Standard 201 and per project plans and specifications15,000 SF23.00 345,000.0013.00195,000.0038.00570,000.0035.00525,000.0012Striping Signing and Marking, and Imbedded RPM, completed in place per project plans and specifications1LS23,000.00 23,000.0048,000.0048,000.0022,500.0022,500.0075,000.0075,000.0013Replace Existing Traffic Signal Loop Detectors, completed in place, per project plans and specifications12 EA450.00 5,400.00500.006,000.00410.004,920.00400.004,800.0014 Local Depression per project plans and specifications 0 EA0.00 0.000.000.000.000.002,500.000.0015Demo Concrete Apron Area Behind Cross Gutter in roadway per project plans and specifications5,500 SF20.00 110,000.008.0044,000.009.5052,250.007.0038,500.00166" AC over 95% Compacted Native to Uniform depth Area adjacent to Cross Gutter per project plans and specifications50 SF302.00 15,100.00300.0015,000.00540.0027,000.0010.00500.0017Construct PCC Curb per City of San Bernardino Standard 200, Type A to match existing; Mill all curb cuts375 LF51.00 19,125.0044.0016,500.0098.0036,750.0050.0018,750.0018 Add Glue Down Truncated Domes 2 EA1,230.00 2,460.002,000.004,000.002,120.004,240.00800.001,600.0019 Asphalt Skin Patching repair with 3/8" Angular Roack 850 TN467.00 396,950.00300.00255,000.00320.00272,000.00215.00182,750.0020 Pathole repair with 1/2" Angular Rock 250 TN867.00 216,750.00500.00125,000.00433.00108,250.00350.0087,500.0021 Crack Seal repair shall be conformed sec. 13-1.03 of these Special Provisions 60,000 LF0.60 36,000.001.0060,000.000.5734,200.003.00180,000.0022 Cape Seal and Slurry Seal Type III900,000 SF0.52 468,000.000.69621,000.001.10990,000.000.65585,000.0023R&R Existing Trench failure with Roadway and heaved Asphalt Areas per San Bernardino City Standard 31010,000 SF7.50 75,000.0012.00120,000.0014.00140,000.0015.00150,000.0024 Demo Existing Driveways to vacant Lots. Replace with matching curb5EA5,000.00 25,000.002,000.0010,000.008,900.0044,500.002,400.0012,000.00TOTAL BIDTotals$3,333,000.00$3,074,400.00 4TH LOW HARDY & HARPER, INC. LOW BIDDER ALL AMERICAN ASPHALT 3RD LOW HARDY & HARPER, INC. 2ND LOW ONYX PAVING CO., INC. $3,285,285.00$4,672,560.00&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1525 Page 1 2 7 2 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6) Recommendation Adopt Resolution No. 2022-139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Discussion On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Development projects are subject to conditions of approval that require projects to form/annex into a maintenance district. These districts apply an annual fee or special tax upon properties within the District, which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediatelyPacketPg.1526 Page 2 2 7 2 following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1.Public lighting and appurtenant facilities, including street-lights within public rights-of- way and traffic signals; and 2.Maintenance of streets, including pavement management; and 3.Maintenance of Parks; and 4.Graffiti abatement; and 5. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 10.10 gross acres of a vacant residential lot. The property is located south of W. Highland Ave. west of Medical Center Dr. At build out this development will include 95 detached single family residential properties as a new Tax Zone No. 25 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 25), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $191 per unit for FY 2022/23. This tax rate includes a Maximum Special Tax A of $174 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $17 per unit per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Attachment 3 attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Packet Pg.1527 Page 3 2 7 2 Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for September 7, 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $16,489 from Special Tax A to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion Adopt Resolution No. 2022-139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. Attachments Attachment 1 Resolution No. 2022-139 Resolution of Intention Attachment 2 Exhibit A - Description of Territory Attachment 3 Exhibit B - Description of Services Attachment 4 Exhibit C - Rate and Method of Apportionment Attachment 5 Exhibit D - Boundary Maps Attachment 6 Exhibit E - Signed Petition & Waiver Attachment 7 Exhibit F - Notice of Public Hearing Attachment 8 Exhibit G - Special Election Ballot Attachment 9 Project Map Attachment 10 Maintenance Exhibit Packet Pg.1528 Page 4 2 7 2 Ward: Sixth Ward Synopsis of Previous Council Actions June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982”. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. Packet Pg.1529 Resolution No. 2022-139 Resolution No. 2022-139 Page 1 of 4 1 8 3 RESOLUTION NO. 2022-139 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 24) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map Packet Pg.1530 Resolution No. 2022-139 Resolution No. 2022-139 Page 2 of 4 1 8 3 entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 24, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in her office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, September 7, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. Packet Pg.1531 Resolution No. 2022-139 Resolution No. 2022-139 Page 3 of 4 1 8 3 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday September 7, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1532 Resolution No. 2022-139 Resolution No. 2022-139 Page 4 of 4 1 8 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-139, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1533 EXHIBIT A   DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 24 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0143-191-59 PI Properties LLC     Packet Pg.1534 EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Pg.1535 EXHIBIT C City of San Bernardino 1  Community Facilities District No. 2019‐1 (Maintenance Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or  “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July  1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity  as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth  below.  All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,  shall be taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel  Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the  applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be  calculated by the Administrator.    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs  of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether  by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof  associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with  responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or  any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees  including payment of a proportional share of salaries and benefits of any City employees and City  overhead whose duties are related to the administration and third party expenses.  Administrative  Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any  other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to  commencing and pursuing to completion any foreclosure of delinquent Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final  Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being  levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal  year in which the special tax is being levied.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County  Assessor of the County.    Packet Pg.1536 City of San Bernardino 2  Community Facilities District No. 2019‐1 (Maintenance Services)   “Building Square Footage” or “BSF” means the floor area square footage reflected on the original  construction building permit issued for construction of a building of Non‐Residential Property and any  Building Square Footage subsequently added to a building of such Taxable Property after issuance of  a building permit for expansion or renovation of such building.    “Calendar Year” means the period commencing January 1 of any year and ending the following  December 31.     “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).    “City” means the City of San Bernardino.     “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA  is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in  the Calendar Year commencing in such  Fiscal  Year;  (ii)  fund  an  operating  reserve  for  the  costs   of  Services  as determined by the Administrator; less a credit for funds available to reduce the annual  Special Tax B (Contingent) levy as determined by the Administrator.    “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the  Special Tax is being levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section G.     “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line  adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)  or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual  lots for which building permits may be issued without further subdivision.      “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.    “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an  Assessor’s Parcel is assigned consistent with the land use approvals that have been received or  proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is  being levied.    “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B  (Contingent), as applicable.    “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with  Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property  within CFD No. 2019‐1.    Packet Pg.1537 City of San Bernardino 3  Community Facilities District No. 2019‐1 (Maintenance Services)   “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as  determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's  Parcel of Taxable Property within CFD No. 2019‐1.    “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists  of a building or buildings comprised of attached Residential Units sharing at least one common wall  with another unit.   “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a  building permit(s) was issued for a non‐residential use.  The Administrator shall make the  determination if an Assessor’s Parcel is Non‐Residential Property.   “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s   association established to maintain certain landscaping within a Tax Zone.    “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the  actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property  with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and  (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum  Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth  in the documents adopted by the City Council at the time the CFD was formed.     “Single Family Residential Property” means any residential property other than Multi‐Family  Residential Property on an Assessor’s Parcel.  “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal  Year on each Assessor’s Parcel of Taxable Property.    “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel  of Taxable Property to fund the Special Tax A Requirement.    "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year  to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both  the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for  maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,  streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)  public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the  Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A  Requirement include funds for Bonds.  Packet Pg.1538 City of San Bernardino 4  Community Facilities District No. 2019‐1 (Maintenance Services)   “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on  each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if  required.    "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may  be levied pursuant to this Rate and Method of Apportionment of Special Tax.  Appendix C identifies  the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is  annexed into the CFD.    "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.    "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a  Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for  subdivision.    “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed  Property or Approved Property.    B. ASSIGNMENT TO LAND USE CATEGORIES  For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified  as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy  of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed  Property and Approved Property shall be classified as either Residential Property or Non‐Residential  Property.  Residential Property shall be further classified as Single Family Residential Property or  Multi‐Family Residential Property and the number of Residential Units shall be determined by the  Administrator.    C. MAXIMUM SPECIAL TAX RATES  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Residential Property, all such Assessor’s  Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon  as specified in or shown on the building permit(s) issued or Final Map as determined by the  Administrator.  For Parcels of undeveloped property zoned for development of single family attached  or multi‐family units, the number of Residential Units shall be determined by referencing the  condominium plan, apartment plan, site plan or other development plan, or by assigning the  maximum allowable units permitted based on the underlying zoning for the Parcel.  Once a single  family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the  Administrator shall determine the actual number of Residential Units contained within the building  or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated  by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential  Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s  Packet Pg.1539 City of San Bernardino 5  Community Facilities District No. 2019‐1 (Maintenance Services)   Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map  as determined by the Administrator.  Once the Administrator determines the actual number of  Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the  Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building  Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone  below or as included in Appendix A as each Annexation occurs.  1.  Special Tax A  a. Developed Property  (i) Maximum Special Tax A   The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1,  the rate and method adopted for the annexed property shall reflect the Maximum Special Tax  A for the Tax Zones annexed and included in Appendix A.  The Maximum Special Tax A for  Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:  TABLE 1  MAXIMUM SPECIAL TAX A RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential Property RU $961    (ii) Increase in the Maximum Special Tax A   On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)  for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the  preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel  shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category  located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land  use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based  on the amount of Acreage designated for each land use as determined by reference to the  site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of  property shall be final.    b.  Approved Property  The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to  each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate  and method adopted for the annexed property shall reflect the Maximum Special Tax A for the  Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property  Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:  Packet Pg.1540 City of San Bernardino 6  Community Facilities District No. 2019‐1 (Maintenance Services)   TABLE 2  MAXIMUM SPECIAL TAX A RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential RU $961    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the  rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for  the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped  Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:  TABLE 3  MAXIMUM SPECIAL TAX A RATES  UNDEVELOPED PROPERTY    Tax Zone Tracts Taxable Unit Maximum Special Tax A  1 TR 17170 Acre $4,338    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    2. Special Tax B (Contingent)  The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation  to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by  the Administrator, in each of the following circumstances:    (a) The POA files for bankruptcy;  (b) The POA is dissolved;  (c) The POA ceases to levy annual assessments for the Contingent Services; or  (d) The POA fails to provide the Contingent Services at the same level as the City provides similar  services and maintains similar improvements throughout the City and within ninety (90) days  after written notice from the City, or such longer period permitted by the City Manager, fails  to remedy the deficiency to the reasonable satisfaction of the City Council.    a. Developed Property     (i) Maximum Special Tax B (Contingent)  Packet Pg.1541 City of San Bernardino 7  Community Facilities District No. 2019‐1 (Maintenance Services)    The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is  shown in Table 4 and shall be specific to each Tax Zone within the CFD.  When additional  property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed  property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed  and included in Appendix A.  The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20  within Tax Zone 1 is identified in Table 4 below:  TABLE 4  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    (ii) Increase in the Maximum Special Tax B (Contingent)   On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for  Developed Property shall increase by i) the percentage increase in the Consumer Price Index  (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of  the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax B (Contingent) that can be levied on an  Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be  levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel  that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated  to each type of property based on the amount of Acreage designated for each land use as  determined by reference to the site plan approved for such Assessor's Parcel.  The  Administrator's allocation to each type of property shall be final.    b.  Approved Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 5 below:  TABLE 5  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for  Packet Pg.1542 City of San Bernardino 8  Community Facilities District No. 2019‐1 (Maintenance Services)   Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding  Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 6 below:  TABLE 6  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  UNDEVELOPED PROPERTY    Tax Zone  Tracts Taxable Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Acre $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los  Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,  or ii) by two percent (2.0%), whichever is greater.    D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX  1.  Special Tax A  Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine  the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable  Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each  Tax Zone.  The Special Tax A shall be levied for each Fiscal Year as follows:    First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed  Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special  Tax A Requirement for such Tax Zone;    Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first step has been completed, the Special Tax A shall be levied Proportionately on each  Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for  Approved Property;    Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all  Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special  Tax A for Undeveloped Property.  2.  Special Tax B (Contingent)  Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for  each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)  Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of  Packet Pg.1543 City of San Bernardino 9  Community Facilities District No. 2019‐1 (Maintenance Services)   Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals  the Special Tax B ( Contingent) Requirement for such Tax Zone.  The Special Tax B (Contingent) Shall  be levied for each Fiscal Year as follows:    First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed  Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy  the Contingent Special Tax B Requirement;    Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after  the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on  each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B  (Contingent) for Approved Property;    Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after  the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately  on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum  Special Tax B (Contingent) for Undeveloped Property.      E. FUTURE ANNEXATIONS  It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time.  As  each annexation is proposed, an analysis will be prepared to determine the annual cost for providing  Services.  Based on this analysis, the property to be annexed, pursuant to California Government Code  section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone  when annexed and included in Appendix A.    F. DURATION OF SPECIAL TAX   For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.  For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services  are being provided.    G. EXEMPTIONS    The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are  owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;  (ii) with public or utility easements making impractical their utilization for other than the purposes set  forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for  public uses; or (iv) which is in use in the performance of a public function as determined by the  Administrator.     H. APPEALS   Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  A representative(s) of CFD No. 2019‐1 shall promptly  review the appeal, and if necessary, meet with the property owner, consider written and oral evidence  regarding the amount of the Special Tax, and rule on the appeal.  If the representative’s decision  requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property  owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that  Assessor’s Parcel in the subsequent Fiscal Year(s).    Packet Pg.1544 City of San Bernardino 10  Community Facilities District No. 2019‐1 (Maintenance Services)      I. MANNER OF COLLECTION   The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem  property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time  or in a different manner if necessary to meet its financial obligations.     Packet Pg.1545 City of San Bernardino 11  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)                  COST ESTIMATE  Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance  services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for  Community Facilities District No. 2019‐1.  TAX ZONE 25  TR 20494    Item Description Estimated Cost  1 Lighting $200  2 Streets $1,719  3 Parks $12,220  4 Graffiti $525  5 Reserves $109  6 Admin $1,716  Total  $16,489    Special Tax B Contingent Services – The estimate in the table below breaks down the costs of  providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these  services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District  No. 2019‐1 Tax Zone 25.  TAX ZONE 25 (CONTINGENT SERVICES)  TR 20494    Item Description Estimated Cost  1 Drainage  $528  2 Reserves $79  3 Admin $1,000  Total  $1,607    TAX ZONE 25  FY 2022‐23 MAXIMUM SPECIAL TAX RATES  DEVELOPED PROPERTY AND APPROVED PROPERTY     Land Use   Category  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Single‐Family Residential RU $174 $17  Multi‐Family Residential RU $174 $17  Non‐Residential Property Acre $2,386 $233  Packet Pg.1546 City of San Bernardino 12  Community Facilities District No. 2019‐1 (Maintenance Services)     TAX ZONE 25  FY 2022‐23 MAXIMUM SPECIAL TAX RATES   UNDEVELOPED PROPERTY    Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Acre $2,386 $233     Packet Pg.1547 City of San Bernardino 13  Community Facilities District No. 2019‐1 (Maintenance Services) TAX ZONE SUMMARY  Annexation  Tax  Zone  Tract  APN  Fiscal  Year  Maximum  Special Tax A  Maximum  Special Tax B Subdivider  Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.  1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.  2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC  3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC  4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC  5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC  6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center  LLC  7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC  8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC  9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC  10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC  11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP  12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings  13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.   14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust  15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC  16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP  17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson  18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust  19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC  20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP  21 To Be Determined  22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC  23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC  24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC  25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al.   ESCALATION OF MAXIMUM SPECIAL TAXES  On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the  percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange  County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent  (2.0%), whichever is greater.  Packet Pg.1548 City of San Bernardino 14  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)           DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by  Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing  and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,  public landscaping, public open spaces and other similar landscaped areas officially dedicated for public  use. These services including the following:  (a)    maintenance and lighting of parks, parkways, streets, roads and open space, which  maintenance and lighting services may include, without limitation, furnishing of electrical power to street  lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and  standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or  adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;  maintenance of public signage; graffiti removal from and maintenance and repair of public structures  situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or  recreation program equipment or facilities situated on any park; and    (b)  maintenance and operation of water quality improvements which include storm drainage  and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration  basins, flood control channels, fossil fuel filters, and similar facilities.  Maintenance services may include  but is not limited to the repair, removal or replacement of all or part of any of the water quality  improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum  hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and  outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,  servicing; or both of the water quality basin improvements within flood control channel improvements;  and    (c)  public street sweeping, on the segments of the arterials within the boundaries of CFD No.  2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any  portions adjacent to the properties within CFD No. 2019‐1; and    In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of  Apportionment.   The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the  benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time  to time by anticipated annexations, and said services may be financed by proceeds of the special tax of  CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.  2019‐1 before CFD No. 2019‐1 was created.                Packet Pg.1549 City of San Bernardino 15  Community Facilities District No. 2019‐1 (Maintenance Services)     APPENDIX C    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES    Packet Pg.1550 0143-191-5920TH STHIGHLAND AVEGARDENA STMADISON ST·|}þ210ANNEXATION MAP NO. 24COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETTHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINOCFD 2019-1TAX ZONE 25^_·|}þ18·|}þ210§¨¦15§¨¦215£¤66£¤66THIS ANNEXATION MAP CORRECTY SHOWS THE LOT OR PARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILS CONCERNING THE LINES AND DIMENSIONS OF LOTS OR PARCEL REFER TO THE COUNTY ASSESSOR MAPS FOR FISCAL YEAR 2022-23.-THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATELEGEND CITY BOUNDARYPARCEL LINEXXXX-XXX-XX ASSESSOR PARCEL NUMBER25 TAX ZONE25EXHIBIT D&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1551 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1552 PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the EXHIBIT E Packet Pg.1553 Packet Pg.1554 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1555 Packet Pg.1556 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 24) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on July 20, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, September 7, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 7, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2022   Packet Pg.1557 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 24 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes PI Properties, LLC 10.10 11 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1558   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): PI Properties, LLC Attn: Rao Yalamanchili 610 n. Santa Anita Ave. Arcadia, CA 91006 0143-191-59 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 24 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        PI Properties, LLC By. Rao Yalamanchili President Signature Print Name Title   Packet Pg.1559 20TH ST MEDICAL CENTER DRHIGHLAND AVE ·|}þ210 ^_·|}þ259 ·|}þ18 ·|}þ210 §¨¦215£¤66 £¤66 MIL L ST 16TH ST SPRUCE ST SIERRA WAYWATERMAN AVENINTH ST CAM PUS WAY 2ND S T MAGNOLIA AVE ORANGE SHOW RD 4TH ST RANCHO AVE17 TH S T BASE LINE ST SECOND S T PEPPER AVCFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 24 PROJECT MAP Packet Pg.1560 1234567891011121314151617181920212223242526272829303132353637383940414243444567666564636261605958574647484950515253545556808182838485919293949590898887867978777675747372717069683334N.A.P.APN 0143-191-47APN 0143-191-33WEST HIGHLAND AVENUECFD MAINTENANCE LEGENDSIDEWALKSTREET-LINEAR FEETSTREET- AREA TO CENTERLINESTREETLIGHTS---------------------------------------------------------------1,912 SF------------------------------------------------447 LF------------------------------16,418 SF------------------------------------------------------------2 EAVICINITY MAP - NTS0'40'80'120'PREPARED FOR WARMINGTON RESIDENTIAL3090 PULLMAN STREETCOSTA MESA, CA 92626PH:(909) 438-6224NORTHNORTHHIGHLAND & MEDICAL CENTERCFD MAINTENANCE RESPONSIBILITY PLANApril 13, 2022VICINITY MAPPROJECTLOCATIONW. HIGHLAND AVE.PENSYLVANIA ST.CALIFORNIA ST.MEDICAL CENTER DR.WESTERN AVE.W. 20TH ST.FLORES ST.W. 19TH ST.210215&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1561 1234567891011121314151617181920212223242526272829303132353637383940414243444567666564636261605958574647484950515253545556808182838485919293949590898887867978777675747372717069683334N.A.P.APN 0143-191-47APN 0143-191-33WEST HIGHLAND AVENUECOMMON OPEN SPACEPRIVATE OPEN SPACE (REAR YARDS)PRIVATE OPEN SPACE (FRONT YARDS & PATIOS)SIDEWALKUNDERGROUND RETENTION CHAMBERSSTORM DRAIN PIPESTREETLIGHTSVISITOR PARKINGHOA MAINTENANCE LEGEND------------------------------------------34,966 SF---------------------84,172 SF----39,527 SF-------------------------------------------------------------20,807 SF------------------9,216 SF----------------------------------------------------470 LF-------------------------------------------------------------7 EA-----------------------------------------------43 SPACESVICINITY MAP - NTSMOW CURBHOA MAINTAINEDMOW CURBHOA MAINTAINEDMOW CURBMOW CURBHOA MAINTAINEDMOW CURBMOW CURBHOA MAINTAINEDMOW CURBMOW CURBHOA MAINTAINEDMOW CURBMOW CURBMOW CURBHOA MAINTAINEDMOW CURBHOA MAINTAINEDHOA MAINTAINEDMOW CURB0'40'80'120'PREPARED FOR WARMINGTON RESIDENTIAL3090 PULLMAN STREETCOSTA MESA, CA 92626PH:(909) 438-6224NORTHNORTHHIGHLAND & MEDICAL CENTERHOA MAINTENANCE RESPONSIBILITY PLANApril 13, 2022VICINITY MAPPROJECTLOCATIONW. HIGHLAND AVE.PENSYLVANIA ST.CALIFORNIA ST.MEDICAL CENTER DR.WESTERN AVE.W. 20TH ST.FLORES ST.W. 19TH ST.210215&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1562 Page 1 2 7 2 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2019-1 (Maintenance Services): Annexation No. 24, Tax Zone No. 25 (Highland/Medical Center) (Ward 6) Recommendation Adopt Resolution No. 2022-139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. Background On June 5, 2019, the Mayor and City Council approved Resolution No. 2019-81 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the "CFD No. 2019-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Discussion On July 17, 2019, the Mayor and City Council adopted Resolution No. 2019-178, establishing CFD No. 2019-1 pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982 (“Act”). CFD No. 2019-1 allows for the levy of special taxes on parcels of taxable property for the purpose of providing certain services which are necessary to meet increased demands placed by development upon the City. Development projects are subject to conditions of approval that require projects to form/annex into a maintenance district. These districts apply an annual fee or special tax upon properties within the District, which provide the revenue to offset the cost of maintenance of the public improvements necessary to serve the development. The Developer has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Developer has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediatelyPacketPg.1563 Page 2 2 7 2 following the public hearing. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following: 1.Public lighting and appurtenant facilities, including street-lights within public rights-of- way and traffic signals; and 2.Maintenance of streets, including pavement management; and 3.Maintenance of Parks; and 4.Graffiti abatement; and 5. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 10.10 gross acres of a vacant residential lot. The property is located south of W. Highland Ave. west of Medical Center Dr. At build out this development will include 95 detached single family residential properties as a new Tax Zone No. 25 within CFD No. 2019-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2019-1, a Resolution of Intention to annex property must be approved to identify the facilities to be maintained and establish the maximum special tax for this Tax Zone. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for this Tax Zone, (Tax Zone No. 25), is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $191 per unit for FY 2022/23. This tax rate includes a Maximum Special Tax A of $174 per unit per year for maintenance services of public facilities and a Maximum Annual Special Tax B (Contingent) of $17 per unit per year. Special Tax B (Contingent) is for the maintenance and operation of the improvements described in Exhibit “B” attached hereto. If the Property Owners Association (POA) were to default of its obligation to maintain such improvements, the City would be able to collect funds to pay for those services. Annual Special Tax A and Annual Special Tax B (Contingent) rate are proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. Attachment 3 attached to the staff report is a maintenance exhibit to illustrate which services are being maintained by the CFD and by the POA. In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Packet Pg.1564 Page 3 2 7 2 Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for September 7, 2022. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No 4. Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $16,489 from Special Tax A to be used to pay for maintenance costs. On March 1 of each year, every taxable unit for which a building permit has been issued within the boundaries of the CFD will be subject to the special tax for the ensuing Fiscal Year. If the anticipated costs of maintaining the facilities in any given Fiscal Year, prior to buildout of the project, exceeds the special tax revenues available from parcels for which building permits have been issued, then the special tax may also be applied to property within recorded final subdivision maps, as well as other undeveloped property within the boundaries of the CFD. All costs associated with annexation into the CFD have been borne by the Developer. By annexing into the CFD, the costs of maintaining improvements located within the development will be financed through special taxes levied on the parcels within CFD No. 2019-1 and not through the City’s General Fund. Conclusion Adopt Resolution No. 2022-139 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 24) and authorizing the levy of a special taxes therein. Attachments Attachment 1 Resolution No. 2022-139 Resolution of Intention Attachment 2 Exhibit A - Description of Territory Attachment 3 Exhibit B - Description of Services Attachment 4 Exhibit C - Rate and Method of Apportionment Attachment 5 Exhibit D - Boundary Maps Attachment 6 Exhibit E - Signed Petition & Waiver Attachment 7 Exhibit F - Notice of Public Hearing Attachment 8 Exhibit G - Special Election Ballot Attachment 9 Project Map Attachment 10 Maintenance Exhibit Packet Pg.1565 Page 4 2 7 2 Ward: Sixth Ward Synopsis of Previous Council Actions June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello- Roos Community Facilities Act of 1982”. July 17, 2019 Resolution No. 2019-178 was adopted establishing Community Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1. Packet Pg.1566 Resolution No. 2022-140 Resolution No. 2022-140 Page 1 of 4 1 9 3 RESOLUTION NO. 2022-140 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING ITS INTENTION TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 25) AND AUTHORIZING THE LEVY OF A SPECIAL TAXES THEREIN WHEREAS, pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), on June 5, 2019, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”) approved Resolution No. 2019-081 establishing Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California, defined the "CFD No. 2019-1", for the purpose of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City; and WHEREAS, the Mayor and City Council has received a written instrument from the landowner in the CFD No. 2019-1 to initiate and conduct proceedings pursuant to the Act, to annex territory to CFD No. 2019-1 and consenting to the shortening of election time requirements, waiving analysis and arguments, and waiving all notice requirements relating to the conduct of the election; and WHEREAS, the Mayor and City Council has been advised that certain property owners have requested that the area shown in Exhibit D be annexed territory to the boundaries of CFD No. 2019-1, that a rate and method of apportionment of the special tax to be levied therein be established; BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Intent to Annex. The Mayor and City Council hereby declares that it proposes and intends to conduct proceedings pursuant to Article 3.5 for the annexation to the Community Facilities District of the territory described in Exhibit A attached hereto. The Mayor and City Council determines that the public convenience and necessity require that such territory be annexed to the Community Facilities District. SECTION 2.Name of the Community Facilities District. The name of the existing community facilities district is known as “Community Facilities District No. 2019-1 (Maintenance Services)”. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The territory proposed to be annexed are included within the boundaries within which property may annex to CFD No. 2019-1 and are more particularly described and shown on that certain map Packet Pg.1567 Resolution No. 2022-140 Resolution No. 2022-140 Page 2 of 4 1 9 3 entitled “Boundaries – Potential Annexation Area Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino, County of San Bernardino, State of California,” as recorded on June 6, 2019 in Book 88 of Maps of Assessment and Community Facilities District, Page 33, and as Instrument No. 2019-0185395 in the official records of the County of San Bernardino. The territory proposed to be annexed to the CFD No. 2019-1 is described in Exhibit A attached hereto and by this reference made a part hereof. Such territory is also shown and described on the map thereof entitled "Annexation Map No. 25, Community Facilities District No. 2019-1 (Maintenance Services), City of San Bernardino, County of San Bernardino, State of California," which is on file with the City Clerk (the "Annexation Map") and attached hereto as Exhibit D. SECTION 4.Description of Authorized Services. The services proposed to be financed by CFD No. 2019-1 (the “Services”) are described in Exhibit B attached hereto. The cost of providing the Services includes “incidental expenses,” which include costs associated of CFD No. 2019-1, determination of the amount of special taxes, collection or payment of special taxes, or costs otherwise incurred in order to carry out the authorized purposes of CFD No. 2019-1. The Services authorized to be financed by CFD No. 2019-1 are in addition to those currently provided in the territory of CFD No. 2019-1 and do not supplant services already available within that territory. SECTION 5. Levy of Special Taxes. Except where funds are otherwise available, a special tax sufficient to pay the costs of the Services (including incidental expenses), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually within CFD No. 2019-1. The Rate and Method of Apportionment, and manner of collection of the special tax are specified in Exhibit C. SECTION 6. Adoption of Annexation Map. Pursuant to Section 3110.5 of the Streets and Highways Code, the Mayor and City Council adopts the Annexation Map as the map of the area proposed to be annexed to the CFD No. 2019-1. Pursuant to Section 3111 of said Code, the City Clerk shall file the original of the Annexation map in his office and shall file a copy of the Annexation Map with the County Recorder of the County of San Bernardino no later than 15 days prior to the date of the hearing specified in Section 7 hereof. SECTION 7. Public Hearing. The Mayor and City Council hereby fixes 7:00 p.m., or as soon thereafter as practicable, on Wednesday, September 7, 2022, at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, as the time and place when and where the Mayor and City Council will conduct a public hearing on the proposed annexation of the said territory to the CFD No. 2019-1. SECTION 8. Notice of Public Hearing. The City Clerk is hereby directed to publish, or cause to be published, a notice of said public hearing, in substantially the form attached hereto as Exhibit F, one time in a newspaper of general circulation published in the area of CFD No. 2019- 1. The publication of said notice shall be completed at least seven days prior to the date herein fixed for said hearing. Said notice shall contain the information prescribed by Section 53322 of the Act. Packet Pg.1568 Resolution No. 2022-140 Resolution No. 2022-140 Page 3 of 4 1 9 3 SECTION 9. Mailing Ballots. In anticipation of its action on Wednesday September 7, 2022 to call the election on the annexation for the same date, pursuant to waiver of election time limits from the landowners, the Mayor and City Council hereby authorizes the City Clerk to mail to each landowner in the territory proposed to be annexed to the CFD No. 2019-1 a ballot in substantially the form set forth in Exhibit G hereto. A copy of the waiver and consent form signed by the property owner is attached hereto as Exhibit E and incorporated herein by this reference. SECTION 10. That the Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1569 Resolution No. 2022-140 Resolution No. 2022-140 Page 4 of 4 1 9 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-140, adopted at a regular meeting held on the _ __ day of _____ __ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1570 EXHIBIT A   DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 25 is currently comprised of five (5) parcels, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Owner Name 0285-211-05 Pacific West Company, et al. 0285-211-21 Pacific West Company, et al. 0285-211-22 Pacific West Company, et al. 0285-211-23 Pacific West Company, et al. 0285-211-25 Pacific West Company, et al.     Packet Pg.1571 EXHIBIT B DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following: (a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention. The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created. Packet Pg.1572 EXHIBIT C City of San Bernardino 1  Community Facilities District No. 2019‐1 (Maintenance Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2019‐1 (Maintenance Services) (the “CFD No. 2019‐1” or  “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July  1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity  as the legislative body of CFD No. 2019‐1, by applying the rate and method of apportionment set forth  below.  All of the real property in CFD No. 2019‐1, unless exempted by law or by the provisions herein,  shall be taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel  Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the  applicable Final Map, or if the area is not shown on the applicable Final Map, the land area shall be  calculated by the Administrator.    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation, annexation, and administration of CFD No. 2019‐1 including, but not limited to: the costs  of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether  by the City or designee thereof or both); the costs to the City, CFD No. 2019‐1, or any designee thereof  associated with fulfilling the CFD No. 2019‐1 disclosure requirements; the costs associated with  responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2019‐1 or  any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees  including payment of a proportional share of salaries and benefits of any City employees and City  overhead whose duties are related to the administration and third party expenses.  Administrative  Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019‐1 for any  other administrative purposes of CFD No. 2019‐1, including attorney's fees and other costs related to  commencing and pursuing to completion any foreclosure of delinquent Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final  Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being  levied, and that have not been issued a building permit on or prior to the March 1 preceding the Fiscal  year in which the special tax is being levied.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means that identification number assigned to a parcel by the County  Assessor of the County.    Packet Pg.1573 City of San Bernardino 2  Community Facilities District No. 2019‐1 (Maintenance Services)   “Building Square Footage” or “BSF” means the floor area square footage reflected on the original  construction building permit issued for construction of a building of Non‐Residential Property and any  Building Square Footage subsequently added to a building of such Taxable Property after issuance of  a building permit for expansion or renovation of such building.    “Calendar Year” means the period commencing January 1 of any year and ending the following  December 31.     “CFD” or “CFD No. 2019‐1” means the City of San Bernardino Community Facilities District No. 2019‐ 1 (Maintenance Services).    “City” means the City of San Bernardino.     “Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the POA  is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in  the Calendar Year commencing in such  Fiscal  Year;  (ii)  fund  an  operating  reserve  for  the  costs   of  Services  as determined by the Administrator; less a credit for funds available to reduce the annual  Special Tax B (Contingent) levy as determined by the Administrator.    “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to March 1 preceding the Fiscal Year in which the  Special Tax is being levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section G.     “Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line  adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.)  or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual  lots for which building permits may be issued without further subdivision.      “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.    “Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an  Assessor’s Parcel is assigned consistent with the land use approvals that have been received or  proposed for the Assessor’s Parcel as of March 1 preceding the Fiscal Year in which the Special Tax is  being levied.    “Maximum Special Tax” means either Maximum Special Tax A and/or Maximum Special Tax B  (Contingent), as applicable.    “Maximum Special Tax A” means the Maximum Special Tax A, as determined in accordance with  Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property  within CFD No. 2019‐1.    Packet Pg.1574 City of San Bernardino 3  Community Facilities District No. 2019‐1 (Maintenance Services)   “Maximum Special Tax B (Contingent)” means the Maximum Special Tax B (Contingent), as  determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's  Parcel of Taxable Property within CFD No. 2019‐1.    “Multi‐Family Residential Property” means any Assessor’s Parcel of residential property that consists  of a building or buildings comprised of attached Residential Units sharing at least one common wall  with another unit.   “Non‐Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a  building permit(s) was issued for a non‐residential use.  The Administrator shall make the  determination if an Assessor’s Parcel is Non‐Residential Property.   “Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s   association established to maintain certain landscaping within a Tax Zone.    “Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the  actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property  with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone, and  (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum  Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Service(s)” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2019‐1 as set forth  in the documents adopted by the City Council at the time the CFD was formed.     “Single Family Residential Property” means any residential property other than Multi‐Family  Residential Property on an Assessor’s Parcel.  “Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal  Year on each Assessor’s Parcel of Taxable Property.    “Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel  of Taxable Property to fund the Special Tax A Requirement.    "Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year  to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019‐1 in both  the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for  maintenance services including but not limited to (i) maintenance and lighting of parks, parkways,  streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii)  public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the  Administrator, and (v) Administrative Expenses. Under no circumstances shall the Special Tax A  Requirement include funds for Bonds.  Packet Pg.1575 City of San Bernardino 4  Community Facilities District No. 2019‐1 (Maintenance Services)   “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on  each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if  required.    "Taxable Property" means all Assessor’s Parcels within CFD No. 2019‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may  be levied pursuant to this Rate and Method of Apportionment of Special Tax.  Appendix C identifies  the Tax Zone in CFD No. 2019‐1 at formation; additional Tax Zones may be created when property is  annexed into the CFD.    "Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.    "Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a  Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for  subdivision.    “Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed  Property or Approved Property.    B. ASSIGNMENT TO LAND USE CATEGORIES  For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019‐1 shall be classified  as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy  of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed  Property and Approved Property shall be classified as either Residential Property or Non‐Residential  Property.  Residential Property shall be further classified as Single Family Residential Property or  Multi‐Family Residential Property and the number of Residential Units shall be determined by the  Administrator.    C. MAXIMUM SPECIAL TAX RATES  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Residential Property, all such Assessor’s  Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon  as specified in or shown on the building permit(s) issued or Final Map as determined by the  Administrator.  For Parcels of undeveloped property zoned for development of single family attached  or multi‐family units, the number of Residential Units shall be determined by referencing the  condominium plan, apartment plan, site plan or other development plan, or by assigning the  maximum allowable units permitted based on the underlying zoning for the Parcel.  Once a single  family attached or multi‐family building or buildings have been built on an Assessor's Parcel, the  Administrator shall determine the actual number of Residential Units contained within the building  or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated  by multiplying the actual number of Residential Units by the Maximum Special Tax per Residential  Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.  For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed  Property and Approved Property which are classified as Non‐Residential Property, all such Assessor’s  Packet Pg.1576 City of San Bernardino 5  Community Facilities District No. 2019‐1 (Maintenance Services)   Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map  as determined by the Administrator.  Once the Administrator determines the actual number of  Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the  Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building  Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone  below or as included in Appendix A as each Annexation occurs.  1.  Special Tax A  a. Developed Property  (i) Maximum Special Tax A   The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1,  the rate and method adopted for the annexed property shall reflect the Maximum Special Tax  A for the Tax Zones annexed and included in Appendix A.  The Maximum Special Tax A for  Developed Property for Fiscal Year 2019‐2020 within Tax Zone 1 is identified in Table 1 below:  TABLE 1  MAXIMUM SPECIAL TAX A RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential Property RU $961    (ii) Increase in the Maximum Special Tax A   On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Developed  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items)  for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the  preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax A that can be levied on an Assessor's Parcel  shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category  located on that Assessor's Parcel.  For an Assessor's Parcel that contains more than one land  use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based  on the amount of Acreage designated for each land use as determined by reference to the  site plan approved for such Assessor's Parcel.  The Administrator's allocation to each type of  property shall be final.    b.  Approved Property  The Maximum Special Tax A for each Assessor’s Parcel of Approved  Property shall be specific to  each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the rate  and method adopted for the annexed property shall reflect the Maximum Special Tax A for the  Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Approved property  Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 2 below:  Packet Pg.1577 City of San Bernardino 6  Community Facilities District No. 2019‐1 (Maintenance Services)   TABLE 2  MAXIMUM SPECIAL TAX A RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum  Special Tax A  1 TR 17170 Single Family Residential RU $961    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Approved Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific  to each Tax Zone within the CFD.  When additional property is annexed into CFD No. 2019‐1, the  rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for  the Tax Zone annexed and included in Appendix A.  The Maximum Special Tax A for Undeveloped  Property for Fiscal Year 2019‐20 within Tax Zone 1 is identified in Table 3 below:  TABLE 3  MAXIMUM SPECIAL TAX A RATES  UNDEVELOPED PROPERTY    Tax Zone Tracts Taxable Unit Maximum Special Tax A  1 TR 17170 Acre $4,338    On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property  shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles  ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii)  by two percent (2.0%), whichever is greater.    2. Special Tax B (Contingent)  The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation  to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by  the Administrator, in each of the following circumstances:    (a) The POA files for bankruptcy;  (b) The POA is dissolved;  (c) The POA ceases to levy annual assessments for the Contingent Services; or  (d) The POA fails to provide the Contingent Services at the same level as the City provides similar  services and maintains similar improvements throughout the City and within ninety (90) days  after written notice from the City, or such longer period permitted by the City Manager, fails  to remedy the deficiency to the reasonable satisfaction of the City Council.    a. Developed Property     (i) Maximum Special Tax B (Contingent)  Packet Pg.1578 City of San Bernardino 7  Community Facilities District No. 2019‐1 (Maintenance Services)    The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is  shown in Table 4 and shall be specific to each Tax Zone within the CFD.  When additional  property is annexed into CFD No. 2019‐1, the rate and method adopted for the annexed  property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed  and included in Appendix A.  The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20  within Tax Zone 1 is identified in Table 4 below:  TABLE 4  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  DEVELOPED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    (ii) Increase in the Maximum Special Tax B (Contingent)   On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for  Developed Property shall increase by i) the percentage increase in the Consumer Price Index  (All Items) for Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of  the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    (iii) Multiple Land Use Categories   In some instances an Assessor's Parcel of Developed Property may contain more than one  Land Use Category.  The Maximum Special Tax B (Contingent) that can be levied on an  Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be  levied for each Land Use Category located on that Assessor's Parcel.  For an Assessor's Parcel  that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated  to each type of property based on the amount of Acreage designated for each land use as  determined by reference to the site plan approved for such Assessor's Parcel.  The  Administrator's allocation to each type of property shall be final.    b.  Approved Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 5 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 5 below:  TABLE 5  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  APPROVED PROPERTY    Tax  Zone  Tract Land Use Category  Taxable  Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Single Family Residential Property RU $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for  Packet Pg.1579 City of San Bernardino 8  Community Facilities District No. 2019‐1 (Maintenance Services)   Los Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding  Fiscal Year, or ii) by two percent (2.0%), whichever is greater.    c.  Undeveloped Property  The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown  in Table 6 and shall be specific to each Tax Zone within the CFD.  When additional property is  annexed into CFD No. 2019‐1, the rate and method adopted for the annexed property shall reflect  the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.   The Maximum Special Tax B (Contingent) for Fiscal Year 2019‐20 within the Tax Zone is identified  in Table 6 below:  TABLE 6  MAXIMUM SPECIAL TAX B (CONTINGENT) RATES  UNDEVELOPED PROPERTY    Tax Zone  Tracts Taxable Unit  Maximum Special   Tax B (Contingent)  1 TR 17170 Acre $0    On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped  Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los  Angeles ‐ Riverside ‐ Orange County (1982‐84 = 100) since the beginning of the preceding Fiscal Year,  or ii) by two percent (2.0%), whichever is greater.    D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX  1.  Special Tax A  Commencing with Fiscal Year 2019‐20 and for each following Fiscal Year, the Council shall determine  the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable  Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each  Tax Zone.  The Special Tax A shall be levied for each Fiscal Year as follows:    First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed  Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special  Tax A Requirement for such Tax Zone;    Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first step has been completed, the Special Tax A shall be levied Proportionately on each  Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for  Approved Property;    Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone  after the first two steps has been completed, the Special Tax A shall be levied Proportionately on all  Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special  Tax A for Undeveloped Property.  2.  Special Tax B (Contingent)  Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for  each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent)  Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of  Packet Pg.1580 City of San Bernardino 9  Community Facilities District No. 2019‐1 (Maintenance Services)   Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals  the Special Tax B ( Contingent) Requirement for such Tax Zone.  The Special Tax B (Contingent) Shall  be levied for each Fiscal Year as follows:    First: The Special Tax shall be levied Proportionately on all Assessor’s Parcels of Developed  Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy  the Contingent Special Tax B Requirement;    Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after  the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on  each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B  (Contingent) for Approved Property;    Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after  the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately  on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum  Special Tax B (Contingent) for Undeveloped Property.      E. FUTURE ANNEXATIONS  It is anticipated that additional properties will be annexed to CFD No. 2019‐1 from time to time.  As  each annexation is proposed, an analysis will be prepared to determine the annual cost for providing  Services.  Based on this analysis, the property to be annexed, pursuant to California Government Code  section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone  when annexed and included in Appendix A.    F. DURATION OF SPECIAL TAX   For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.  For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services  are being provided.    G. EXEMPTIONS    The City shall classify as Exempt Property within CFD No. 2019‐1, any Assessor’s Parcels; (i) which are  owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity;  (ii) with public or utility easements making impractical their utilization for other than the purposes set  forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for  public uses; or (iv) which is in use in the performance of a public function as determined by the  Administrator.     H. APPEALS   Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  A representative(s) of CFD No. 2019‐1 shall promptly  review the appeal, and if necessary, meet with the property owner, consider written and oral evidence  regarding the amount of the Special Tax, and rule on the appeal.  If the representative’s decision  requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property  owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that  Assessor’s Parcel in the subsequent Fiscal Year(s).    Packet Pg.1581 City of San Bernardino 10  Community Facilities District No. 2019‐1 (Maintenance Services)      I. MANNER OF COLLECTION   The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem  property taxes, provided, however, that CFD No. 2019‐1 may collect the Special Tax at a different time  or in a different manner if necessary to meet its financial obligations.     Packet Pg.1582 City of San Bernardino 11  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)                  COST ESTIMATE  Special Tax A Services ‐ The estimate breaks down the costs of providing one year's maintenance  services for Fiscal Year 2022‐23.  These services are being funded by the levy of Special Tax A for  Community Facilities District No. 2019‐1.  TAX ZONE 26  TR 20495    Item Description Estimated Cost  1 Lighting $400  2 Streets $5,701  3 Drainage $289  4 Parks $17,160  5 Graffiti $735  6 Reserves $213  7 Admin $2,678  Total  $27,176    Special Tax B Contingent Services – The estimate in the table below breaks down the costs of  providing one year’s contingent maintenance services for Fiscal Year 2022‐23. If necessary, these  services will be funded by the levy of Special Tax B (Contingent) for Community Facilities District  No. 2019‐1 Tax Zone 26.  TAX ZONE 26 (CONTINGENT SERVICES)  TR 20495    Item Description Estimated Cost  1 Drainage  $4,270  2 Reserves $640  3 Admin $1,000  Total  $5,910    TAX ZONE 26  FY 2022‐23 MAXIMUM SPECIAL TAX RATES  DEVELOPED PROPERTY AND APPROVED PROPERTY     Land Use   Category  Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Single‐Family Residential RU $204 $45  Multi‐Family Residential RU $204 $45  Non‐Residential Property Acre $2,983 $649  Packet Pg.1583 City of San Bernardino 12  Community Facilities District No. 2019‐1 (Maintenance Services)     TAX ZONE 26  FY 2022‐23 MAXIMUM SPECIAL TAX RATES   UNDEVELOPED PROPERTY    Taxable   Unit  Maximum   Special Tax A  Maximum   Special Tax B  Acre $2,983 $649     Packet Pg.1584 City of San Bernardino 13  Community Facilities District No. 2019‐1 (Maintenance Services)   TAX ZONE SUMMARY      Annexation  Tax  Zone  Tract  APN  Fiscal  Year  Maximum  Special Tax A  Maximum  Special Tax B    Subdivider  Original 1 17170 2019‐20 $961 / RU $0 / RU Santiago Communities, Inc.  1 2 17329 2019‐20 $473 / RU $0 / RU JEC Enterprises, Inc.  2 3 PM 19814 2020‐21 $608 / Acre $0 / Acre GWS #4 Development, LLC  3 4 0266‐041‐39 2019‐20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC  4 5 TR 20006 2020‐21 $344 / RU $57 / RU TH Rancho Palma, LLC  5 6 PM 19701 2020‐21 $1,895 / Acre $528 / Acre Strata Palma, LLC  6 7 PM 20112 2020‐21 $3,197 / Acre $0 / Acre San Bernardino Medical Center  LLC  7 8 TR 20293 2021‐22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC  8 9 LM 2019‐021 2021‐22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC  9 10 TR 20189 2021‐22 $490 / Acre $154 / Acre Central Commerce Center, LLC  10 11 LD 1900086 2021‐22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC  11 12 TR 20305 2022‐23 $175 / Acre $0 / Acre Prologis, LP  12 13 LLA 2020‐004 2022‐23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings  13 14 TR 5907 2022‐23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc.   14 15 0136‐191‐21 2022‐23 $5,277 / Acre $0 / Acre Ahmad Family Trust  15 16 TR 20216 2022‐23 $7,089 / Acre $0 / Acre Gateway SB, LLC  16 17 TR 20145 2022‐23 $646 / RU $0 / RU RCH‐CWI Belmont, LP  17 18 CUP 20‐07 2022‐23 $7,433 / Acre $0 / Acre George A. Pearson  18 19 TR 20258 2022‐23 $588 / RU $0 / RU RGC Family Trust  19 20 LM 21‐10 2022‐23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC  20 21 LM 22‐04 2022‐23 $6,397 / Acre $0 / Acre 108 Highland, LP  21 To Be Determined  22 23 TR 4592 2022‐23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC  23 24 LLA 2020‐005 2022‐23 $1,385 / Acre $978 / Acre Vone SB, LLC  24 25 TR 20494 2022‐23 $174 / RU $17 / RU PI Properties, LLC  25 26 TR 20495 2022‐23 $204 / RU $45 / RU Pacific West Company, et al.       ESCALATION OF MAXIMUM SPECIAL TAXES  On each July 1, commencing on July 1, 2020 the Maximum Special Tax shall increase by i) the  percentage increase in the Consumer Price Index (All Items) for Los Angeles ‐ Riverside ‐ Orange  County (1982‐84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent  (2.0%), whichever is greater.  Packet Pg.1585 City of San Bernardino 14  Community Facilities District No. 2019‐1 (Maintenance Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)           DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2019‐1, as provided by  Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing  and/or replacing landscaped areas (may include reserves for replacement) in public street right‐of‐ways,  public landscaping, public open spaces and other similar landscaped areas officially dedicated for public  use. These services including the following:  (a)    maintenance and lighting of parks, parkways, streets, roads and open space, which  maintenance and lighting services may include, without limitation, furnishing of electrical power to street  lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and  standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or  adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities;  maintenance of public signage; graffiti removal from and maintenance and repair of public structures  situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or  recreation program equipment or facilities situated on any park; and    (b)  maintenance and operation of water quality improvements which include storm drainage  and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration  basins, flood control channels, fossil fuel filters, and similar facilities.  Maintenance services may include  but is not limited to the repair, removal or replacement of all or part of any of the water quality  improvements, fossil fuel filters within the public right‐of‐way including the removal of petroleum  hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and  outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance,  servicing; or both of the water quality basin improvements within flood control channel improvements;  and    (c)  public street sweeping, on the segments of the arterials within the boundaries of CFD No.  2019‐1; as well as local roads within residential subdivisions located within CFD No. 2019‐1; and any  portions adjacent to the properties within CFD No. 2019‐1; and    In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of  Apportionment.   The above services shall be limited to those provided within the boundaries of CFD No. 2019‐1 or for the  benefit of the properties within the boundaries of CFD No. 2019‐1, as the boundary is expanded from time  to time by anticipated annexations, and said services may be financed by proceeds of the special tax of  CFD No. 2019‐1 only to the extent that they are in addition to those provided in the territory of CFD No.  2019‐1 before CFD No. 2019‐1 was created.                Packet Pg.1586 City of San Bernardino 15  Community Facilities District No. 2019‐1 (Maintenance Services)     APPENDIX C    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2019‐1 (MAINTENANCE SERVICES)  PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES    Packet Pg.1587 PLEASANT HILL DRORANGE STPALM AVEHIGHLAND AVE0285-211-050285-211-230285-211-220285-211-210285-211-25ANNEXATION MAP NO. 25COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETTHIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019-1(MAINTENANCE SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONJUNE 6, 2019 IN BOOK 88 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 32 ANDAS INSTRUMENT NO. 2019-0185323 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2019-1(MAINTENANCE SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINOCFD 2019-1TAX ZONE 26^_§¨¦10·|}þ210§¨¦215£¤66·|}þ330THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2021-22.-THIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATELEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBER (APN)26 TAX ZONE26EXHIBIT D&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1588 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1589   PETITION TO THE CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING ANNEXING TERRITORY INTO A COMMUNITY FACILITIES DISTRICT NO. 2019-1 OF THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration and maintenance required to keep the landscape lighting, street lighting, traffic signals, flood control facilities, ground cover, shrubs, plants and trees, irrigation systems, graffiti removal, sidewalks and masonry walls, fencing entry monuments, tot lot equipment and associated appurtenant facilities within the district in a healthy, vigorous and satisfactory working condition. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the creation of the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annexing territory into Community Facilities District No. 2019-1 of the portion of the incorporated area of the Packet Pg.1590 Packet Pg.1591 Packet Pg.1592 Packet Pg.1593 Packet Pg.1594 Packet Pg.1595 Packet Pg.1596 Packet Pg.1597 Packet Pg.1598 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1599 LEGEND:80SHEET INDEX:EASEMENTS:ALLARD ENGINEERINGTENTATIVE TRACT NO. 20495FEBRUARY 2022BASIS OF BEARINGS:BENCHMARK:ENGINEER/SURVEYOR:DEVELOPER/OWNER:ASSESSOR'S PARCEL NO.:ZONING:PROJECT AREA:TOPOGRAPHY:FLOOD ZONE:INDEX MAPLEGAL DESCRIPTION:NOTE:NOT TO SCALEVICINITY MAPRAW EARTHWORK ESTIMATE:UTILITIES:(909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE PARKING:&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1600 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1601 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1602 APN 0285-211-14(909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE HIGHLAND AVE.HIGHLAND AVE.HIGHLAND AVE.PALM AVENUEENTRANCEFROM PALM AVE.PALM AVENUE&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1603 (909) 356-1815 Civil Engineering - Land Surveying - Land Planning Fontana, California 92335 ALLARD ENGINEERING Fax (909) 356-1795 16866 Seville Avenue Prepared By:ea Reynold R. Allard, R.C.E. 79086 Date (expires 3/31/2022) Prepared For: WARMINGTON RESIDENTIAL 0285-211-05, 21, 22, 23, 24 & 25 PALM AVENUE &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1604 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO. 25) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on July 20, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2019-1 (Maintenance Services) (the "CFD No. 2019-1"), and to levy a special tax to pay for certain maintenance services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2019-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, September 7, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2019-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 7, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2022   Packet Pg.1605 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Hanhsing Li 3.412 4 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1606   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Hanhsing Li Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        Hanhsing Li Owner Signature Print Name Title   Packet Pg.1607 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Ann C. Lau 0.853 1 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1608   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Ann C. Lau Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        Ann C. Lau Owner Signature Print Name Title   Packet Pg.1609 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Chenmei Cheng 4.265 5 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1610   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Chenmei Cheng Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        Chenmei Cheng Owner Signature Print Name Title   Packet Pg.1611 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 25 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Pacific West Company 6.599 7 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1612   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Pacific West Company Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-21, -22, -23 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT SPECIAL TAX BALLOT MEASURE MARK “YES” OR “NO” WITH AN “X”: Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates and apportioned as described in Exhibit C to the Resolution Declaring its Intention to Annex territory to Community Facilities District No. 2019-1 (Maintenance Services) adopted by the City Council on July 20, 2022 (the “Resolution”), which is incorporated herein by this reference, within the territory identified on the map entitled “Annexation Map No. 25 of Community Facilities District No. 2019-1 (Maintenance Services) City of San Bernardino” to finance certain services as set forth in Section 4 to the Resolution (including incidental expenses), and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        Pacific West Company Owner Signature Print Name Title   Packet Pg.1613 ORANGE STPALM AVEHIGHLAND AVE ^_ORANGE STCITRUS ST PIEDMONT DR HIGHLAND AVESEINEAVE PALM AVECENTRAL AVEHEMLOCK D R PALM CREST DR PACIFIC ST ·|}þ330 ·|}þ210 CFD N O. 2019-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 25 PROJECT MAP Packet Pg.1614 MHMHMHMHMHMHMHSLOWSCHOOLSIGNSLOWSCHOOLXINGXINGAHEAAHEAD SIGNAL 341353.29121233354678104091113146015161721181920222625273028293142323436353739384161585954575356555251474950464845436265666370686967107797877110808281858483861158887929190939498991021011001031051041061081111091131121171141161181201191241221231211261251291271288913013113213324442364979695737271747576TRE. HIGHLAND AVE.N. PALM AVE.N. ORANGE ST.NOT APARTNOT A PARTNOT A PARTCFD MAINTENANCE LEGENDSIDEWALKCATCH BASINSSTORM DRAIN PIPESTREET-LINEAR FEETSTREET- AREA TO CENTERLINESTREETLIGHTS---------------------------------------------------------------7,007 SF--------------------------------------------------------------1 EA----------------------------------------------------- 60 LF---------------------------------------------1,348 LF----------------------------- 47,636 SF------------------------------------------------------------ 4 EAVICINITY MAP - NTSMOW CURBHOAMAINTAINEDCFD MAINTENANCE RESPONSIBILITY PLANHIGHLAND & PALMPREPARED FOR WARMINGTON RESIDENTIAL3090 PULLMAN STREETCOSTA MESA, CA 92626PH:(909) 438-62240'40'80'120'NORTHApril 13, 2022&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1615 MHMHMHMHMHMHMHSLOWSCHOOLSIGNSLOWSCHOOLXINGXINGAHEAAHEAD SIGNAL 341353.29121233354678104091113146015161721181920222625273028293142323436353739384161585954575356555251474950464845436265666370686967107797877110808281858483861158887929190939498991021011001031051041061081111091131121171141161181201191241221231211261251291271288913013113213324442364979695737271747576TRE. HIGHLAND AVE.N. PALM AVE.N. ORANGE ST.NOT APARTNOT A PARTNOT A PARTCOMMON OPEN SPACEPRIVATE OPEN SPACE (REAR YARDS)PRIVATE OPEN SPACE (FRONT YARDS & PATIOS)SIDEWALKUNDERGROUND RETENTION CHAMBERSCATCH BASINSSTORM DRAIN PIPESTREETLIGHTSVISITOR PARKINGHOA MAINTENANCE LEGEND------------------------------------------95,103 SF-------------------112,657 SF----28,184 SF-------------------------------------------------------------32,534 SF-----------------13,420 SF------------------------------------------------------------12 EA-------------------------------------------------1,680 LF------------------------------------------------------11 EA------------------------------------------------------ 42 EAVICINITY MAP - NTSHOA MAINTAINEDMOW CURBHOA MAINTAINEDMOW CURBMOW CURBHOAMAINTAINEDMOW CURBHOA MAINTAINEDHOA MAINTAINEDMOW CURBHOA MAINTAINEDHOA MAINTENANCE RESPONSIBILITY PLANHIGHLAND & PALMPREPARED FOR WARMINGTON RESIDENTIAL3090 PULLMAN STREETCOSTA MESA, CA 92626PH:(909) 438-62240'40'80'120'NORTHApril 8, 2022&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1616 Page 1 2 8 4 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Initiation of Proceedings to Form Proposed Community Facilities District No. 2022-1 (Highland/Medical) Recommendation The Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2022-141of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino; 2.Adopt Resolution No. 2022-142 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino Background The City has received a petition from PI Properties, LLC, the owner of APN No. 0143-191- 59-0000 (the “Property”) requesting the formation of the proposed community facilities district, encompassing the Property, to finance: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvements (the “Facilities”); and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed community facilities district, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”). The proposed development includes approximately 10.10 gross acres of zoned residential property to include 95 detached single-family residential lots. The Property is located southPacketPg.1617 Page 2 2 8 4 of W. Highland Ave. west of Medical Center Dr. Discussion Approval of the resolutions described above is the first step to establish the proposed community facilities district for the Property. The resolutions: approve the boundaries of the proposed community facilities district; specify the Facilities to be financed; specify that special taxes will be levied on all parcels of taxable property in the proposed community facilities district to pay principal of and interest on the bonds of the district which will be issued to finance the Facilities, declare the necessity to incur bonded indebtedness; and schedule public hearings regarding the formation of the community facilities district and the necessity to incur bonded indebtedness. The final steps for the formation of the proposed community facilities district will occur at the Mayor and City Council’s meeting on September 7, 2022. The Mayor and the City Council will conduct a public hearing on such day and following the public hearing may adopt resolutions to form the proposed community facilities district, determine the necessity to incur bonded indebtedness and call a special election of the qualified voters to approve the levy of special taxes and incur bonded indebtedness, conduct a special election and declare election results. 2021-2025 Key Strategic Targets and Goals This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Financial Impact No fiscal impact to the City as the costs for formation of Community Facilities District No. 2022-1 is paid through a deposit provided by the developer and on-going administrative costs are paid through the levy of special taxes within Community Facilities District No. 2022- 1. Conclusion The Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2022-141 of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino; 2.Adopt Resolution No. 2022-142 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino Packet Pg.1618 Page 3 2 8 4 Attachments Attachment 1 - Resolution Declaring Intention to Establish Attachment 2 - Resolution Declaring Necessity to Incur a Bonded Indebtedness Attachment 3 - Boundary Map Ward: 6 Synopsis of Previous Council Actions None previously taken. Packet Pg.1619 Page 4 2 8 4 Packet Pg.1620 Resolution No. 2022-141 RESOLUTION NO. 2022-141 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has received a written petition from the owner of certain real property (the “Owner”) within the City of San Bernardino (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Owner is the owner of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has been presented with its Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino (the “Policies”) for consideration, and the proposed public facilities comply with the Policies; and WHEREAS, pursuant to Section 53320 of the Act, having received such a petition, the City Council is required to institute proceedings for the formation of the proposed community facilities district by the adoption of a resolution of intention pursuant to Section 53321 of the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the community facilities district is “Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of San Bernardino, State of California” herein referred to as CFD No. 2022-1. SECTION 3. Description and Map of Boundaries. The boundaries of the proposed CFD No. 2022-1 are described and shown on the map entitled “Proposed Boundary Map Community Packet Pg.1621 Resolution No. 2022-141 -2- 2 0 3 Facilities District No. 2022-1 (Highland/Medical) City of San Bernardino, County of San Bernardino, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 10 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino. SECTION 4. Types of Facilities; Incidental Expenses. The types of public facilities to be financed by the proposed CFD No. 2022-1, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvements; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-1, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-1, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”). SECTION 5. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2022-1, shall be annually levied within CFD No. 2022-1. Under no circumstances will Special Taxes levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2022-1 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel. For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2022-1 reference is made to the attached and incorporated Exhibit A (the “Rate and Method”) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within CFD No. 2022-1 to clearly estimate the maximum amount that such person will have to pay. The conditions under which the obligation to pay Special Taxes may be prepaid and permanently satisfied are as set forth in the Rate and Method. Packet Pg.1622 Resolution No. 2022-141 -3- 2 0 3 Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2022-1 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2022-1, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in accordance with law or until collection of the Special Taxes ceases. SECTION 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes. SECTION 7. Necessity. The City Council finds that the Facilities described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of proposed CFD No. 2022-1. SECTION 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating proposed CFD No. 2022-1, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. SECTION 9. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within proposed CFD No. 2022-1 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5. SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022- 1 shall be held at 7:00 p.m. on September 7, 2022 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 11. Notice of Hearing. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-1 as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322. Packet Pg.1623 Resolution No. 2022-141 -4- 2 0 3 SECTION 12. Report. The officers of the City who will be responsible for providing the proposed Facilities to be provided within and financed by proposed CFD No. 2022-1, if it is established, shall study proposed CFD No. 2022-1, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Facilities by type which will in their opinion be required to adequately meet the needs of proposed CFD No. 2022- 1 and their estimate of the fair and reasonable cost of providing the Facilities and the related Incidental Expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof. SECTION 13. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. SECTION 14. Approval of Policies. The Policies are hereby approved as presented to the City Council at this meeting. SECTION 15. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 16. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 17. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney Packet Pg.1624 Resolution No. 2022-141 -5- 2 0 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-141, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.1625 A-1 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino ("CFD No. 2022-1"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2022-1 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit. "Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-1, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-1 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-1 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-1; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Packet Pg.1626 A-2 Taxes; the costs of the City, CFD No. 2022-1 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022- 1 for any other administrative purposes of CFD No. 2022-1, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. "Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. "Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-1 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel. Packet Pg.1627 A-3 "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. "CFD” or “CFD No. 2022-1" means Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. “City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-1, or its designee. “Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq. "County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-1 in any Fiscal Year on any Assessor’s Parcel. Packet Pg.1628 A-4 “Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1. “Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel. "Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-1 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve Packet Pg.1629 A-5 funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2022-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2022-1, which are not Exempt Property. “Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel within CFD No. 2022-1 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final Packet Pg.1630 A-6 Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2). D. MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2022-2023 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2022-2023 Land Use Category Taxable Unit Building Square Footage Assigned Special Tax Per Taxable Unit 1. Single Family Residential Property RU Less than 1,800 sq. ft $2,790 2. Single Family Residential Property RU 1,800 sq. ft to 2,000 sq. ft $3,080 3. Single Family Residential Property RU Greater than 2,000 sq. ft $3,209 4. Multifamily Property Acre N/A $49,620 5. Non-Residential Property Acre N/A $49,620 Packet Pg.1631 A-7 b. Multiple Land Use Categories In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula. B = (U x A) / L The terms above have the following meanings: B = Backup Special Tax per Assessor’s Parcel classified as Single Family Residential Property within the Final Map. U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below. A = Acreage of net taxable Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator. L = Number of Assessor’s Parcels of Single Family Residential Property expected to exist after build out in such Final Map at the time of calculation, as determined by the Administrator. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $49,620 per Acre. Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developer Property for which a certificate of occupancy has been granted may not be revised. In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $49,620 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non-Residential Property. 2. Approved Property The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above. Packet Pg.1632 A-8 The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $49,620 per Acre. 3. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $49,620 per Acre. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for a private residential use has been issued as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) Packet Pg.1633 A-9 above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. F. EXEMPTIONS The City shall classify as Exempt Property, in the chronological order in which the property becomes exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 6.46 Acres. Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 6.46 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 6.46 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E. Welfare Exempt Property shall be exempt from the payment of the Special Tax so long as the property qualifies as a Welfare Exempt Property. G. PREPAYMENT OF SPECIAL TAX The following additional definitions apply to this Section G: “CFD Public Facilities” means $4,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-1, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. “Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2022-1. “Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Packet Pg.1634 A-10 Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax. 1. Prepayment in Full The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. Packet Pg.1635 A-11 2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel. 3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied the Maximum Special Tax assuming build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”). 12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording Packet Pg.1636 A-12 notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”). 13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all non-delinquent Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council. Packet Pg.1637 A-13 2. Prepayment in Part The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: PP = ((PE –A) x F) +A These terms have the following meaning: PP = Partial Prepayment Amount PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Assessor’s Parcel pursuant to Section E. H. TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064-2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-1 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-1 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-1 have been satisfied. Packet Pg.1638 A-14 I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-1 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act. J. APPEALS OF SPECIAL TAXES Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified. Packet Pg.1639 Resolution No. 2022-142 RESOLUTION NO. 2022-142 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-1 (HIGHLAND/MEDICAL) OF THE CITY OF SAN BERNARDINO WHEREAS, pursuant to Section 53321 of the California Government Code, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has adopted a resolution (the “Resolution of Intention”) declaring its intention to establish proposed Community Facilities District No. 2022-1 (Highland/Medical) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-1”), for the purpose of providing and financing certain public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the “Facilities”) which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-1; and WHEREAS, the City Council has determined that it is necessary for proposed CFD No. 2022-1 to incur a bonded indebtedness for the purpose of providing and financing such Facilities; and WHEREAS, it is the intention of this City Council to finance the acquisition or construction of all or a portion of such Facilities through the levy of special taxes on taxable property within CFD No. 2022-1 and the issuance of bonds of CFD No. 2022-1, such bonds to be secured by such special taxes to be levied on taxable property within CFD No. 2022-1, all as authorized pursuant to the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Declaration of Convenience and Necessity. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by CFD No. 2022-1 to contribute to the financing of all or a portion of the Facilities. SECTION 3. Purpose for Proposed Indebtedness. The purpose for the proposed debt of CFD No. 2022-1 is to contribute to the financing of the acquisition or construction of the Facilities. SECTION 4. Bond Authorization. The amount of the bonded indebtedness of CFD No. 2022-1 may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Act. The amount of the indebtedness proposed to be authorized for CFD No. 2022-1 is $5,000,000. Packet Pg.1640 Resolution No. 2022-142 -2- 2 0 4 SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-1 shall be held at 7:00 p.m. on September 7, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be conducted concurrently with the hearing on the formation of CFD No. 2022-1. SECTION 6. Notice. The City Clerk shall publish a notice of the time and place of said hearing pursuant to Section 53346 of the Act and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-1. SECTION 7. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8. 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 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg.1641 Resolution No. 2022-142 -3- 2 0 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-142, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.1642 Resolution No. 2022-142 A-1 EXHIBIT A FACILITIES The types of public facilities to be financed by the proposed CFD No. 2022-1, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, parkland and open space, and sewer and water improvements; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-1, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-1, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities. Packet Pg.1643 20TH STHIGHLAND AVEMADISON STGARDENA ST0143-191-59·|}þ210PROPOSED BOUNDARY MAPCOMMUNITY FACILITIES DISTRICT NO. 2022-1(HIGHLAND/MEDICAL)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2022-1(HIGHLAND/MEDICAL) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2022-1_£¤66£¤66£¤66§¨¦215§¨¦10·|}þ259·|}þ330·|}þ18·|}þ210THIS BOUNDARY MAP CORRECTLY SHOWS THE BOUNDARIESOF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR'S MAPS FORFISCAL YEAR 2021-22. 0250500125FeetLEGEND CFD BOUNDARYPARCEL BOUNDARYCITY BOUNDARY-XXXX-XXX-XX ASSESSOR PARCEL NUMBERTHIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1644 Page 1 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Director of Finance Department:Finance Subject:Initiation of Proceedings to Form Proposed Community Facilities District No. 2022-2 (Palm) Recommendation: The Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2022-143 of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino; 2.Adopt Resolution No. 2022-144 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino Background: The City has received petitions from Pacific West Company, the owner of APN Nos. 0285- 211-21-00000, 0285-211-23-0000, and 0285-211-22-0000, and Hanhsing Li, Chenmei Cheng, and Ann C. Lau, the owners of APN Nos. 0285-211-05-0000 and 0285-211-25-0000, (the “Property”) requesting the formation of the proposed community facilities district, encompassing the Property, to finance: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, and parkland and open space (the “Facilities”); and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed community facilities district, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed community facilities district, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”). The proposed development includes approximately 15.51 gross acres of zoned residential property to include 133 detached single-family residential lots. The Property is located at the Packet Pg.1645 Page 2 northwest intersection of E Highland Ave. and N Palm Ave. Discussion: Approval of the resolutions described above is the first step to establish the proposed community facilities district for the Property. The resolutions: approve the boundaries of the proposed community facilities district; specify the Facilities to be financed; specify that special taxes will be levied on all parcels of taxable property in the proposed community facilities district to pay principal of and interest on the bonds of the district which will be issued to finance the Facilities, declare the necessity to incur bonded indebtedness; and schedule public hearings regarding the formation of the community facilities district and the necessity to incur bonded indebtedness. The final steps for the formation of the proposed community facilities district will occur at the Mayor and City Council’s meeting on September 7, 2022. The Mayor and the City Council will conduct a public hearing on such day and following the public hearing may adopt resolutions to form the proposed community facilities district, determine the necessity to incur bonded indebtedness and call a special election of the qualified voters to approve the levy of special taxes and incur bonded indebtedness, conduct a special election and declare election results. Should you have any questions, someone from our office will be present at the meeting for your convenience. 2021-2025 Key Strategic Targets and Goals: This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Fiscal Impact: No fiscal impact to the City as the costs for formation of Community Facilities District No. 2022- 2 is paid through a deposit provided by the developer and on-going administrative costs are paid through the levy of special taxes within Community Facilities District No. 2022-2. Conclusion: The Mayor and City Council of the City of San Bernardino, California: 1.Adopt Resolution No. 2022-143 of the Mayor and City Council of the City of San Bernardino, California, Declaring Intention to Establish Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino; 2.Adopt Resolution No. 2022-144 of the Mayor and City Council of the City of San Bernardino, California, Declaring Necessity to Incur a Bonded Indebtedness of Proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino Packet Pg.1646 Page 3 Attachments: Attachment 1 - Resolution Declaring Intention to Establish Attachment 2 - Resolution Declaring Necessity to Incur a Bonded Indebtedness Attachment 3 - Boundary Map Ward: 4 Synopsis of Previous Council Actions: None previously taken. Packet Pg.1647 Page 4 Packet Pg.1648 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 1 of 3 4 2 1 RESOLUTION NO. 2022-143 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, DECLARING INTENTION TO ESTABLISH PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO WHEREAS, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has received a written petition from the owners of certain real property (the “Owner’) within the City of San Bernardino (the “City”) requesting that the City Council initiate proceedings for the formation of a community facilities district, pursuant to Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the “Mello-Roos Community Facilities Act of 1982,” (the “Act”) for the purpose of financing the public facilities which are necessary to meet increased demands placed upon the City as a result of the development of said real property; and WHEREAS, the Owners are the owners of all of the property which is proposed to be included within the proposed community facilities district; and WHEREAS, the Act provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of community facilities districts; and WHEREAS, the City Council has been presented with its Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino (the “Policies”) for consideration, and the proposed public facilities comply with the Policies; and WHEREAS, pursuant to Section 53320 of the Act, having received such a petition, the City Council is required to institute proceedings for the formation of the proposed community facilities district by the adoption of a resolution of intention pursuant to Section 53321 of the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Proposed Community Facilities District. A community facilities district is proposed to be established under the provisions of the Act. The name proposed for the community facilities district is “Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of San Bernardino, State of California” herein referred to as CFD No. 2022- 2. SECTION 3. Description and Map of Boundaries. The boundaries of the proposed CFD No. 2022-2 are described and shown on the map entitled “Proposed Boundary Map Community Packet Pg.1649 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 2 of 6 4 2 1 2 0 7 Facilities District No. 2022-2 (Palm) City of San Bernardino, County of San Bernardino, State of California,” which is on file with the City Clerk. Said map is approved and, pursuant to Section 3110 of the California Streets and Highways Code, the City Clerk shall, after conforming with the other requirements of Section 3111 of said Code, record the original of said map in her office, and not later than fifteen (15) days prior to the date of the public hearing set forth in Section 10 hereof shall file a copy of said map with the County Recorder of the County of San Bernardino. SECTION 4. Types of Facilities; Incidental Expenses. The types of public facilities to be financed by the proposed CFD No. 2022-2, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, and parkland and open space; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-2, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-2, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities (the “Incidental Expenses”). SECTION 5. Special Taxes. Except where funds are otherwise available, a special tax sufficient to finance the Facilities and related Incidental Expenses secured by the recordation of a continuing lien against all taxable or nonexempt property in CFD No. 2022-2, shall be annually levied within CFD No. 2022-2. Under no circumstances will Special Taxes levied in any fiscal year against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within CFD No. 2022-2 by more than 10 percent (10%) above the amount that would have been levied in that fiscal year had there never been any such delinquencies or defaults. A parcel shall be considered “used for private residential purposes” not later than the date on which an occupancy permit or the equivalent for private residential use is issued and for such parcel. For further particulars as to the rate and method of apportionment of the Special Taxes to be levied on parcels of taxable property in CFD No. 2022-2 reference is made to the attached and incorporated Exhibit A (the “Rate and Method”) which sets forth in sufficient detail the rate and method of apportionment of the Special Taxes to allow each landowner or resident within CFD No. 2022-2 to clearly estimate the maximum amount that such person will have to pay. The conditions under which the obligation to pay Special Taxes may be prepaid and permanently satisfied are as set forth in the Rate and Method. Packet Pg.1650 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 3 of 6 4 2 1 2 0 7 Pursuant to Section 53340 of the Act, said Special Taxes shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided however, that CFD No. 2022-2 may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent assessor’s parcels as permitted by the Act. Upon recordation of a notice of special tax lien pursuant to Section 3114.5 of the California Streets and Highways Code, a continuing lien to secure each levy of the Special Taxes shall attach to all non-exempt real property in CFD No. 2022-2, and that lien shall continue in force and effect until the special tax obligation is prepaid and permanently satisfied and the lien is canceled in accordance with law or until collection of the Special Taxes ceases. SECTION 6. Exempt Properties. Pursuant to Section 53340 of the Act, and except as provided in Section 53317.3 of the Act, properties of entities of the state, federal, and local governments shall be exempt from the levy of Special Taxes. SECTION 7. Necessity. The City Council finds that the Facilities described in Section 4 hereof are necessary to meet increased demands placed upon the City as a result of new development occurring within the boundaries of proposed CFD No. 2022-2. SECTION 8. Repayment of Funds Advanced or Work-in-Kind. Pursuant to Section 53314.9 of the Act, the City Council proposes to accept advances of funds or work-in-kind from private persons or private entities and to provide, by resolution, for the use of those funds or that work-in-kind for any authorized purpose, including but not limited to, paying any costs incurred by the City in creating proposed CFD No. 2022-2, and to enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind to repay funds advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. SECTION 9. Prohibition of Owner Contracts. Pursuant to Section 53329.5 of the Act, the City Council finds that the public interest will not be served by allowing the owners of property within proposed CFD No. 2022-2 to enter into a contract in accordance with subdivision (a) of that section, and that such owners shall not be permitted to elect to perform the work and enter into a written contract with the City for the construction for the Facilities pursuant to said Section 53329.5. SECTION 10. Hearing. A public hearing on the formation of proposed CFD No. 2022-2 shall be held at 7:00 p.m. on September 7, 2022 in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. SECTION 11. Notice of Hearing. The City Clerk shall publish a notice of the time and place of said hearing as required by Section 53322 of the Act, and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-2 as prescribed by Section 53322.4 of said Code. Said notice shall be published at least seven (7) days and mailed at least fifteen (15) days before the date of the hearing, and shall contain the information required by said Section 53322. Packet Pg.1651 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 4 of 6 4 2 1 2 0 7 SECTION 12. Report. The officers of the City who will be responsible for providing the proposed Facilities to be provided within and financed by proposed CFD No. 2022-2, if it is established, shall study proposed CFD No. 2022-2, and, at or before the time of said hearing, file a report or reports with the City Council containing a brief description of the Facilities by type which will in their opinion be required to adequately meet the needs of proposed CFD No. 2022- 2 and their estimate of the fair and reasonable cost of providing the Facilities and the related Incidental Expenses to be incurred in connection therewith. All such reports shall be made a part of the record of the hearing to be held pursuant to Section 10 hereof. SECTION 13. Description of Voting Procedures. The voting procedures to be followed shall be pursuant to Section 53326 of the Act and pursuant to the applicable provisions of the California Election Code. SECTION 14. Approval of Policies. The Policies are hereby approved as presented to the City Council at this meeting. SECTION 15. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 16. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 17. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney Packet Pg.1652 Resolution No. 2022-143 Resolution No. 2022-143 July 20, 2022 Page 5 of 6 4 2 1 2 0 7 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-___, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.1653 Resolution No. 2022-143 A-1 EXHIBIT A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAXES FOR COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO A Special Tax (all capitalized terms not otherwise defined herein are defined in Section A, “Definitions”, below) shall be applicable to each Assessor’s Parcel of Taxable Property located within the boundaries of Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino ("CFD No. 2022-2"). The amount of Special Tax to be levied in each Fiscal Year, on an Assessor’s Parcel, shall be determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2022-2 by applying the appropriate Special Tax for Developed Property, Approved Property, Undeveloped Property, and Provisional Undeveloped Property that is not Exempt Property as set forth below. All of the real property, unless exempted by law or by the provisions hereof in Section F, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meanings: “Accessory Dwelling Unit” means a residential unit of limited size including a smaller second unit that shares an Assessor’s Parcel as a Single Family Residential Property with a stand-alone Residential Unit. "Acre” or “Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor’s Parcel Map, the land area shown on the applicable final map, parcel map, condominium plan, or other recorded parcel map or instrument. The square footage of an Assessor’s Parcel is equal to the Acreage multiplied by 43,560. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expenses" means the actual or reasonably estimated costs related to the administration of CFD No. 2022-2, levy on the Special Tax therein and payment of debt service on the outstanding Bonds, including but not limited to, the costs of computing the Special Taxes and preparing the Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the City or otherwise); the costs of remitting Special Taxes to the Trustee; the costs of the Trustee (including legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 2022-2 or any designee thereof of complying with continuing disclosure requirements of the City, CFD No. 2022-2 and any major property owner associated with applicable federal and state securities laws and the Act; litigation related to or arising out of CFD No. 2022-2; legal costs; compliance with continuing disclosure undertakings, the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs Packet Pg.1654 A-2 of the City, CFD No. 2022-2 or any designee thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the City’s annual administration fees and third party expenses. Administration Expenses shall also include amounts estimated by the CFD Administrator or advanced by the City or CFD No. 2022-2 for any other administrative purposes of CFD No. 2022-2, including attorney’s fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Approved Property" means all Assessor’s Parcels of Taxable Property: (i) that are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) that have not been issued a building permit on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Assessor’s Parcel" means a lot or parcel of land designated on an Assessor’s Parcel Map with an assigned Assessor’s Parcel Number. "Assessor’s Parcel Map" means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number. "Assessor’s Parcel Number" means that number assigned to an Assessor’s Parcel by the County for purposes of identification. "Assigned Special Tax" means the Special Tax of that name described in Section D below. "Backup Special Tax" means the Special Tax of that name described in Section D below. "Bonds" means any obligation to repay a sum of money, including obligations in the form of bonds, certificates of participation, long-term leases, loans from government agencies, or loans from banks, other financial institutions, private businesses, or individuals, or long-term contracts, or any refunding thereof, to which Special Tax within CFD No. 2022-2 have been pledged. "Boundary Map" means a recorded map of the CFD which indicates the boundaries of the CFD. "Building Permit" means the first legal document issued by a local agency giving official permission for new construction. For purposes of this definition, “Building Permit” may or may not include expired or cancelled building permits, or any subsequent building permit document(s) authorizing new construction on an Assessor’s Parcel that are issued or changed by the City after the first original issuance, as determined by the CFD Administrator, provided that following such determination the Maximum Special Tax that may be levied on all Assessor’s Parcels of Taxable Property will be at least 1.1 times annual debt service on all outstanding Bonds plus the estimated annual Administrative Expenses. "Building Square Footage" or "BSF" means the square footage of assessable internal living space, exclusive of garages or other structures not used as living space, as determined by reference to the Building Permit for such Assessor’s Parcel. "Calendar Year" means the period commencing January 1 of any year and ending the following December 31. Packet Pg.1655 A-3 "CFD” or “CFD No. 2022-2" means Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino established by the City under the Act. “CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement, and providing for the levy and collection of the Special Taxes. “City” means the City of San Bernardino, State of California. "City Council" means the City Council of the City of San Bernardino, acting as the Legislative Body of CFD No. 2022-2, or its designee. “Condominium Plan" means a condominium plan pursuant to California Civil Code, Section 6624 et seq. "County" means the County of San Bernardino, State of California. "Developed Property" means all Assessor’s Parcels of Taxable Property that: (i) are included in a Final Map that was recorded prior to the January 1st preceding the Fiscal Year in which the Special Tax is being levied, and (ii) a Building Permit for new construction was issued on or before May 1st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessor’s Parcels designated as being exempt from Special Taxes as provided for in Section F. "Final Map" means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) o or recordation of a Condominium Plan pursuant to California Civil Code Section 6624 et seq. that creates individual lots for which Building Permits may be issued without further subdivision. "Fiscal Year" means the period commencing on July 1st of any year and ending the following June 30th. “Indenture” means the indenture, fiscal agent agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. “Land Use Category” means any of the categories listed in Table 1 of Section D. "Maximum Special Tax" means the maximum Special Tax, determined in accordance with Section D below, that can be levied by CFD No. 2022-2 in any Fiscal Year on any Assessor’s Parcel. “Multifamily Property” means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for the purpose of constructing a building or buildings comprised of attached Residential Units available for rental by the general public, not for sale to an end user, and under common management, as determined by the CFD Administrator. Packet Pg.1656 A-4 "Non-Residential Property" means all Assessor's Parcels of Developed Property for which a Building Permit(s) was issued for a non-residential use. The CFD Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property. "Partial Prepayment Amount" means the amount required to prepay a portion of the Special Tax obligation for an Assessor’s Parcel, as described in Section G.2. "Prepayment Amount" means the amount required to prepay the Special Tax obligation in full for an Assessor’s Parcel, as described in Section G.1. “Proportionately” means for Taxable Property for Special Tax that is (i) Developed Property, that the ratio of the actual Special Tax levy to the Special Tax is the same for all Assessor’s Parcels of Developed Property, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Assessor’s Parcels of Approved Property, and (iii) Undeveloped Property or Provisional Undeveloped Property, that the ratio of the actual Special Tax levy per Acre to the Maximum Special Tax per Acre is the same for all Assessor’s Parcels of Undeveloped Property or Provisional Undeveloped Property. "Provisional Undeveloped Property" means all Assessor’s Parcels of Taxable Property that would otherwise be classified as Exempt Property pursuant to the provisions of Section F, but cannot be classified as Exempt Property because to do so would be reduce the Acreage of all Taxable Property below the required minimum Acreage set forth in Section F. "Residential Property" means all Assessor’s Parcels of Developed Property for which a Building Permit has been issued for purposes of constructing one or more Residential Units. “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the CFD Administrator. An Accessory Dwelling Unit that shares an Assessor’s Parcel with a Single Family Residential Property shall not be considered a Residential Unit for purposes of this RMA. “RMA" means this Rate and Method of Apportionment of Special Taxes. “Single Family Residential Property” means all Assessor’s Parcels of Residential Property other than Multifamily Property on an Assessor’s Parcel. "Special Tax" or “Special Taxes” means any of the special taxes authorized to be levied within CFD No. 2022-2 pursuant to the Act to fund the Special Tax Requirement. "Special Tax Requirement " means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or Packet Pg.1657 A-5 construction of facilities authorized by CFD No. 2022-2 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in Step Three of Section E., less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. "Taxable Property" means all Assessor’s Parcels within CFD No. 2022-2, which are not Exempt Property. “Taxable Unit” means either a Residential Unit or an Acre. "Tract(s)" means an area of land within a subdivision identified by a particular tract number on a Final Map approved for the subdivision. “Trustee” means the trustee, fiscal agent, or paying agent under the Indenture. "Undeveloped Property" means all Assessor’s Parcels of Taxable Property which are not Developed Property, Approved Property, Provisional Undeveloped Property. "Welfare Exempt Property" means, in any Fiscal Year, all Assessor’s Parcels within the boundaries of CFD No. 2022-1 that have been granted a welfare exemption by the County under subdivision (g) of Section 214 of the Revenue and Taxation Code. B. SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property, up to the applicable Maximum Special Tax to fund the Special Tax Requirement. C. ASSIGNMENT TO LAND USE CATEGORY FOR SPECIAL TAX Each Fiscal Year, beginning with Fiscal Year 2022-2023, each Assessor’s Parcel within CFD No. 2022-2 shall be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property shall be further classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. In the event that there are parent Assessor’s Parcel(s) for which one or more Building Permits have been issued and the County has not yet assigned final Assessor’s Parcel Number(s) to the lots on which the Residential Unit(s) have been or will be built (in accordance with the Final Map or Condominium Plan) on such parent Assessor’s Parcel, the amount of the Special Tax on such parent Assessor’s Parcel shall be determined as follows: (1) the CFD Administrator shall first determine an amount of the Maximum Special Tax levy for such Assessor’s Parcel, based on the classification of such Assessor’s Parcel as Undeveloped Property; (2) the amount of the Special Packet Pg.1658 A-6 Tax for the Residential Units on such Assessor’s Parcel for which Building Permits have been issued shall be determined based on the Developed Property Special Tax rates and such amounts shall be levied as Developed Property in accordance with Step 1 and, if applicable, Step 4 of Section E below; and (3) the amount of the Special Tax levy on the Taxable Property in such Assessor’s Parcel not subject to the Special Tax levy in clause (2) shall be equal to: (A) the percentage of the Maximum Special Tax rate levied on Undeveloped Property pursuant to Step 3 of Section E below, multiplied by the total of the amount determined in clause (1), less (B) the amount determined in clause (2). D. MAXIMUM SPECIAL TAX 1. Developed Property The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Property shall be the applicable Assigned Special Tax described in Table 1 of Section D. a. Assigned Special Tax Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. The Assigned Special Tax applicable to an Assessor's Parcel of Developed Property for Fiscal Year 2022-2023 shall be determined pursuant to Table 1 below. TABLE 1 ASSIGNED SPECIAL TAX FOR DEVELOPED PROPERTY FISCAL YEAR 2022-2023 Land Use Category Taxable Unit Building Square Footage Assigned Special Tax Per Taxable Unit 1. Single Family Residential Property RU Less than 1,800 sq. ft $1,552 2. Single Family Residential Property RU 1,800 sq. ft to 1,950 sq. ft $1,595 3. Single Family Residential Property RU 1,951 sq. ft to 2,100 sq. ft $1,637 4. Single Family Residential Property RU 2,101 sq. ft to 2,250 sq. ft $1,764 5. Single Family Residential Property RU 2,251 sq. ft to 2,400 sq. ft $1,806 6. Single Family Residential Property RU Greater than 2,400 sq. ft $1,849 7. Multifamily Property Acre N/A $27,459 8. Non-Residential Property Acre N/A $27,459 Packet Pg.1659 A-7 b. Multiple Land Use Categories In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. The CFD Administrator’s allocation to each type of property shall be final. c. Backup Special Tax The Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property shall be calculated according to the following formula. B = (U x A) / L The terms above have the following meanings: B = Backup Special Tax per Assessor’s Parcel classified as Single Family Residential Property within the Final Map. U = Maximum Special Tax per Acre of Undeveloped Property per Section D.3 below. A = Acreage of net taxable Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator. L = Number of Assessor’s Parcels of Single Family Residential Property expected to exist after build out in such Final Map at the time of calculation, as determined by the Administrator. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $27,459 per Acre. Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developer Property for which a certificate of occupancy has been granted may not be revised. In the event any superseding Final Map is recorded as a Final Map within the boundaries of the CFD, the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $27,459 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non- Residential Property. 2. Approved Property The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to Section D.1.c above. Packet Pg.1660 A-8 The Maximum Special Tax for each Assessor’s Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property shall be $27,459 per Acre. 3. Undeveloped Property and Provisional Undeveloped Property The Maximum Special Tax for each Assessor’s Parcel of Undeveloped Property and Provisional Undeveloped Property shall be $27,459 per Acre. E. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing Fiscal Year 2022-2023 and for each subsequent Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor’s Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in Table 1 to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor’s Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor’s Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor’s Parcel as needed to satisfy the Special Tax Requirement. Notwithstanding the above, under no circumstances will the Special Taxes levied in any Fiscal Year against any Assessor’s Parcel of Residential Property for which an occupancy permit for a private residential use has been issued as a result of a delinquency in the payment of the Special Tax applicable to any other Assessor’s Parcel be increased by more than ten percent (10%) above the amount that would have been levied in that Fiscal Year had there never been any such delinquency or default. Packet Pg.1661 A-9 F. EXEMPTIONS The City shall classify as Exempt Property, in the chronological order in which the property becomes exempt, (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by the State of California, Federal or other local governments, including school districts, (ii) Assessor’s Parcels which are used as places of worship and are exempt from ad valorem property taxes because they are owned by a religious organization, (iii) Assessor’s Parcels which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by a homeowners' association, (iv) Assessor’s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement, (v) Assessor’s Parcels which are privately owned and are encumbered by or restricted solely for public uses, or (vi) Assessor’s Parcels restricted to other types of public uses determined by the City Council, provided that no such classification would reduce the sum of all Taxable Property to less than 9.11 Acres. Notwithstanding the above, the City Council shall not classify an Assessor’s Parcel as Exempt Property if such classification would reduce the sum of all Taxable Property to less than 9.11 Acres. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 9.11 Acres will be classified as Provisional Undeveloped Property, and will be subject to Special Tax pursuant to Step Five in Section E. Welfare Exempt Property shall be exempt from the payment of the Special Tax so long as the property qualifies as a Welfare Exempt Property. G. PREPAYMENT OF SPECIAL TAX The following additional definitions apply to this Section G: “CFD Public Facilities” means $3,000,000 expressed in 2022 dollars, which shall increase by the Construction Inflation Index on July 1, 2023, and on each July 1 thereafter, or such lower amount (i) determined by the City Council as sufficient to provide the public facilities under the authorized bonding program for CFD No. 2022-2, or (ii) determined by the City Council concurrently with a covenant that it will not issue any more Bonds to be supported by Special Tax levied under this Rate and Method of Apportionment. “Construction Fund” means an account specifically identified in the Indenture or functionally equivalent to hold funds, which are currently available for expenditure to acquire or construct public facilities eligible under CFD No. 2022-2. “Construction Inflation Index” means the annual percentage change in the Engineering News- Record Building Cost Index for the city of Los Angeles, measured as of the Calendar Year which ends in the previous Fiscal Year. In the event this index ceases to be published, the Construction Inflation Index shall be another index as determined by the City that is reasonably comparable to the Engineering News-Record Building Cost Index for the City of Los Angeles. Packet Pg.1662 A-10 “Future Facilities Costs” means the CFD Public Facilities minus public facility costs available to be funded, or that were funded, through existing construction or escrow accounts or funded by the Outstanding Bonds or Special Taxes, and minus public facility costs funded by interest earnings on the Construction Fund actually earned prior to the date of prepayment. “Outstanding Bonds” means all previously issued Bonds issued and secured by the levy of Special Tax which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Special Tax. 1. Prepayment in Full The Maximum Special Tax obligation may be prepaid and permanently satisfied for (i) Assessor’s Parcels of Developed Property, (ii) Assessor’s Parcels of Approved Property or Undeveloped Property for which a Building Permit has been issued, (iii) Approved or Undeveloped Property for which a Building Permit has not been issued, and (iv) Assessor’s Parcels of Provisional Undeveloped Property. The Maximum Special Tax obligation applicable to an Assessor’s Parcel may be fully prepaid and the obligation to pay the Special Tax for such Assessor’s Parcel permanently satisfied as described herein; provided that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor’s Parcel at the time of prepayment. An owner of an Assessor’s Parcel intending to prepay the Maximum Special Tax obligation for such Assessor’s Parcel shall provide the CFD Administrator with written notice of intent to prepay, and within 5 business days of receipt of such notice, the CFD Administrator shall notify such owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the Prepayment Amount (as defined below) for the Assessor’s Parcel. Within 15 days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the Prepayment Amount for the Assessor’s Parcel. Prepayment must be made not less than 60 days prior to the redemption date for any Bonds to be redeemed with the proceeds of such prepaid Special Taxes. The Prepayment Amount shall be calculated as follows (some capitalized terms are defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Administrative Fees and Expenses less Reserve Fund Credit Equals: Prepayment Amount The Prepayment Amount shall be determined as of the proposed prepayment date as follows: 1. Confirm that no Special Tax delinquencies apply to such Assessor’s Parcel. 2. For an Assessor’s Parcel of Developed Property, compute the Maximum Special Tax for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property Packet Pg.1663 A-11 for which a Building Permit has been issued, compute the Maximum Special Tax for the Assessor’s Parcel as though it was already designated as Developed Property, based upon the Building Permit which has been issued for the Assessor’s Parcel. For an Assessor’s Parcel of Approved Property or Undeveloped Property for which a Building Permit has not been issued, or Provisional Undeveloped Property to be prepaid, compute the Maximum Special Tax for the Assessor’s Parcel. 3. Divide the Maximum Special Tax derived pursuant to paragraph 2 by the total amount of Special Taxes that could be levied the Maximum Special Tax assuming build out of all Assessor’s Parcels of Taxable Property based on the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property not including any Assessor’s Parcels for which the Special Tax obligation has been previously prepaid. 4. Multiply the quotient derived pursuant to paragraph 3 by the principal amount of the Outstanding Bonds to determine the amount of Outstanding Bonds to be redeemed with the Prepayment Amount (the “Bond Redemption Amount”). 5. Multiply the Bond Redemption Amount by the applicable redemption premium, if any, on the Outstanding Bonds to be redeemed (the “Redemption Premium”). 6. Determine the Future Facilities Costs. 7. Multiply the quotient derived pursuant to paragraph 3 by the amount determined pursuant to paragraph 6 to determine the amount of Future Facilities Costs for the Assessor’s Parcel (the “Future Facilities Amount”). 8. Determine the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds on which Bonds can be redeemed from Special Tax prepayments. 9. Determine the Special Taxes levied on the Assessor’s Parcel in the current Fiscal Year which have not yet been paid. 10. Determine the amount the CFD Administrator reasonably expects to derive from the investment of the Bond Redemption Amount and the Redemption Premium from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the Prepayment Amount. 11. Add the amounts derived pursuant to paragraphs 8 and 9 and subtract the amount derived pursuant to paragraph 10 (the “Defeasance Amount”). 12. Verify the administrative fees and expenses of the CFD, the cost to invest the Prepayment Amount, the cost of redeeming the Outstanding Bonds, and the cost of recording notices to evidence the prepayment of the Maximum Special Tax obligation for the Assessor’s Parcel and the redemption of Outstanding Bonds (the “Administrative Fees and Expenses”). 13. The reserve fund credit (the “Reserve Fund Credit”) shall equal the lesser of: (a) the Packet Pg.1664 A-12 expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. The Prepayment Amount is equal to the sum of the Bond Redemption Amount, the Redemption Premium, the Future Facilities Amount, the Defeasance Amount and the Administrative Fees and Expenses, less the Reserve Fund Credit. 15. From the Prepayment Amount, the Bond Redemption Amount, the Redemption Premium, and Defeasance Amount shall be deposited into the appropriate fund as established under the Indenture and be used to redeem Outstanding Bonds or make debt service payments. The Future Facilities Amount shall be deposited into the Construction Fund. The Administrative Fees and Expenses shall be retained by the CFD. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such event, the increment above $5,000 or an integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next redemption from other Special Tax prepayments of Outstanding Bonds or to make debt service payments. As a result of the payment of the current Fiscal Year’s Special Tax levy as determined pursuant to paragraph 9 above, the CFD Administrator shall remove the current Fiscal Year’s Special Tax levy for the Assessor’s Parcel from the County tax roll. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is prepaid, the City Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Maximum Special Tax obligation and the release of the Special Tax lien for the Assessor’s Parcel, and the obligation to pay the Special Tax for such Assessor’s Parcel shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Special Tax that may be levied on all non-delinquent Assessor’s Parcels of Taxable Property after the proposed prepayment will be at least 1.1 times maximum annual debt service on the Bonds that will remain outstanding after the prepayment plus the estimated annual Administrative Expenses. Tenders of Bonds in prepayment of the Maximum Special Tax obligation may be accepted upon the terms and conditions established by the City Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a case-by-case basis as specifically approved by the City Council. 2. Prepayment in Part The Maximum Special Tax obligation for an Assessor’s Parcel of Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property may be partially prepaid. For purposes of determining the partial prepayment amount, the provisions of Section G.1 shall be modified as provided by the following formula: Packet Pg.1665 A-13 PP = ((PE –A) x F) +A These terms have the following meaning: PP = Partial Prepayment Amount PE = the Prepayment Amount calculated according to Section G.1 F = the percent by which the owner of the Assessor’s Parcel(s) is partially prepaying the Maximum Special Tax obligation A = the Administrative Fees and Expenses determined pursuant to Section G.1 The owner of an Assessor’s Parcel who desires to partially prepay the Maximum Special Tax obligation for the Assessor’s Parcel shall notify the CFD Administrator of (i) such owner’s intent to partially prepay the Maximum Special Tax obligation, (ii) the percentage of the Maximum Special Tax obligation such owner wishes to prepay, and (iii) the company or agency that will be acting as the escrow agent, if any. Within 5 days of receipt of such notice, the CFD Administrator shall notify such property owner of the amount of the non-refundable deposit determined to cover the cost to be incurred by the CFD in calculating the amount of a partial prepayment. Within 15 business days of receipt of such non-refundable deposit, the CFD Administrator shall notify such owner of the amount of the Partial Prepayment Amount for the Assessor’s Parcel. A Partial Prepayment Amount must be made not less than 60 days prior to the redemption date for the Outstanding Bonds to be redeemed with the proceeds of the Partial Prepayment Amount. With respect to any Assessor’s Parcel for which the Maximum Special Tax obligation is partially prepaid, the CFD Administrator shall (i) distribute the Partial Prepayment Amount as provided in Paragraph 15 of Section G.1, and (ii) indicate in the records of the CFD that there has been a Partial Prepayment Amount for the Assessor’s Parcel and that a portion of the Special Tax obligation equal to the remaining percentage (1.00 - F) of Special Tax obligation will continue on the Assessor’s Parcel pursuant to Section E. H. TERMINATION OF SPECIAL TAX For each Fiscal Year that any Bonds are outstanding the Special Tax shall be levied on all Assessor’s Parcels subject to the Special Tax. The Special Tax shall cease not later than the 2064- 2065 Fiscal Year, however, Special Tax will cease to be levied in an earlier Fiscal Year if the CFD Administrator has determined (i) that all the required interest and principal payments on the CFD No. 2022-2 Bonds have been paid; (ii) all authorized facilities of CFD No. 2022-2 have been acquired and all reimbursements to the developer have been paid, (iii) no delinquent Special Tax remain uncollected and (iv) all other obligations of CFD No. 2022-2 have been satisfied. I. MANNER OF COLLECTION The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2022-2 may collect Special Tax at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on delinquent Assessor’s Parcels as permitted by the Act. Packet Pg.1666 A-14 J. APPEALS OF SPECIAL TAXES Any taxpayer may file a written appeal of the Special Taxes on his/her Assessor’s Parcel(s) with the CFD Administrator, provided that the appellant is current in his/her payments of Special Taxes. During pendency of an appeal, all Special Taxes previously levied must be paid on or before the payment date established when the levy was made. The appeal must specify the reasons why the appellant claims the Special Tax is in error. The CFD Administrator shall review the appeal, meet with the appellant if the CFD Administrator deems necessary, and advise the appellant of its determination. If the CFD Administrator agrees with the appellant, the CFD Administrator shall grant a credit to eliminate or reduce future Special Taxes on the appellant’s Assessor’s Parcel(s). No refunds of previously paid Special Taxes shall be made. The CFD Administrator shall interpret this Rate and Method of Apportionment and make determinations relative to the annual levy and administration of the Special Taxes and any taxpayer who appeals, as herein specified. Packet Pg.1667 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 1 of 3 4 2 1 RESOLUTION NO. 2022-144 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DECLARING NECESSITY TO INCUR A BONDED INDEBTEDNESS OF PROPOSED COMMUNITY FACILITIES DISTRICT NO. 2022-2 (PALM) OF THE CITY OF SAN BERNARDINO WHEREAS, pursuant to Section 53321 of the California Government Code, the City Council (the “City Council”) of the City of San Bernardino (the “City”) has adopted a resolution (the “Resolution of Intention”) declaring its intention to establish proposed Community Facilities District No. 2022-2 (Palm) of the City of San Bernardino, County of Riverside, State of California (“CFD No. 2022-2”), for the purpose of providing and financing certain public facilities described in Exhibit A attached hereto and incorporated herein by this reference (the “Facilities”) which are necessary to meet increased demands placed upon the City as a result of development which will occur within CFD No. 2022-2; and WHEREAS, the City Council has determined that it is necessary for proposed CFD No. 2022-2 to incur a bonded indebtedness for the purpose of providing and financing such Facilities; and WHEREAS, it is the intention of this City Council to finance the acquisition or construction of all or a portion of such Facilities through the levy of special taxes on taxable property within CFD No. 2022-2 and the issuance of bonds of CFD No. 2022-2, such bonds to be secured by such special taxes to be levied on taxable property within CFD No. 2022-2, all as authorized pursuant to the Act. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. Declaration of Convenience and Necessity. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by CFD No. 2022-2 to contribute to the financing of all or a portion of the Facilities. SECTION 3. Purpose for Proposed Indebtedness. The purpose for the proposed debt of CFD No. 2022-2 is to contribute to the financing of the acquisition or construction of the Facilities. SECTION 4. Bond Authorization. The amount of the bonded indebtedness of CFD No. 2022-2 may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Act. The amount of the indebtedness proposed to be authorized for CFD No. 2022-2 is $4,000,000. Packet Pg.1668 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 2 of 4 4 2 1 SECTION 5. Hearing. A public hearing on the proposed bonded indebtedness for CFD No. 2022-2 shall be held at 7:00 p.m. on September 7, 2022, in the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California or via teleconference as directed by the City due to COVID-19 social distancing guidelines. Said hearing shall be conducted concurrently with the hearing on the formation of CFD No. 2022-2. SECTION 6. Notice. The City Clerk shall publish a notice of the time and place of said hearing pursuant to Section 53346 of the Act and may also give notice of the time and place of said hearing by first-class mail to each registered voter and to each landowner within CFD No. 2022-2. SECTION 7. CEQA. The City Council finds this Resolution is not subject to the California Environmental Quality Act (“CEQA”) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8. 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 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July, 2022. ____________________________________ John Valdivia, Mayor City of San Bernardino Attest: __________________________________ Genoveva Rocha, CMC, City Clerk Approved as to form: __________________________________ Sonia R. Carvalho, City Attorney Packet Pg.1669 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 3 of 4 4 2 1 Packet Pg.1670 Resolution No. 2022-144 Resolution No. 2022-144 July 20, 2022 Page 4 of 4 4 2 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-144, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of __________, 2022. ______________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.1671 Resolution No. 2022-144 A-1 EXHIBIT A FACILITIES The types of public facilities to be financed by the proposed CFD No. 2022-2, which may be provided by the construction or acquisition thereof or the financing of impact fees to be used for the construction or acquisition thereof (herein, the “Facilities”) include but are not limited to: (a) Acquisition, design, construction of local and regional circulation systems, storm drain improvements, and parkland and open space; and (b) The incidental expenses proposed to be incurred are: (i) the cost of planning and designing the public facilities and the cost of environmental evaluations thereof, (ii) all costs associated with the formation of the proposed CFD No. 2022-2, the issuance of the bonds thereof, the determination of the amount of and collection of special taxes, the payment of special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the proposed CFD No. 2022-2, and (iii) any other expenses incidental to the construction, completion, and inspection of the public Facilities. Packet Pg.1672 PLEASANT HILL DRORANGE STPALM AVEHIGHLAND AVE0285-211-050285-211-230285-211-220285-211-210285-211-25PROPOSED BOUNDARY MAPCOMMUNITY FACILITIES DISTRICT NO. 2022-2(PALM)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETI HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2022-2(PALM) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO CFD 2022-2_£¤66§¨¦215§¨¦10·|}þ259·|}þ18·|}þ330·|}þ38·|}þ210THIS BOUNDARY MAP CORRECTLY SHOWS THE BOUNDARIESOF THE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR'S MAPS FORFISCAL YEAR 2021-22. 0250500125 FeetLEGEND CFD BOUNDARYPARCEL BOUNDARYCITY BOUNDARY-XXXX-XXX-XX ASSESSOR PARCEL NUMBERTHIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTON ASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATE&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1673 Page 1 2 8 6 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services. Department:Finance Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 6, (TR 20494) Recommendation: Adopt Resolution No. 2022-145 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 6) and authorizing the levy of special taxes therein. Background: On September 19, 2018, the Mayor and City Council approved Resolution No. 2018-264 establishing Community Facilities District No. 2018-1 (Safety Services), of the City of San Bernardino, (the "CFD No. 2018-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Discussion: Development projects are subject to conditions of approval that require projects to form/annex a services district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of public safety necessary to serve the development. PI Properties, LLC (the “Owner”) has agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public services proposed to be financed within and for the benefit of the territory to be annexed to the District are the following: 1. Police protection services (including but not limited to criminal justice services) and paramedic services; and Packet Pg.1674 Page 2 2 8 6 2. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 10.10 gross acres of zoned residential property to include 95 detached single-family residential lots. The property is located south of W. Highland Ave. west of Medical Center Dr. This development will be Annexation No. 6 within CFD No. 2018-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2018-1, a Resolution of Intention to annex property must be approved to identify the services and establish the maximum special tax for this annexation. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for Annexation No. 6, is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $385 per residential unit for FY 2022/23. If the maximum allowable annual fee were levied, the revenue generated would be $36,575 per year. In order to annex property to CFD No. 2018-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2018-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for September 7, 2022. 2021-2025 Key Strategic Targets and Goals: This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Financial Impact: The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $36,575 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024 by four percent (4.0%). All costs associated with annexation into the CFD have been borne by the Developer. Packet Pg.1675 Page 3 2 8 6 Conclusion: Adopt Resolution No. 2022-145 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 6) and authorizing the levy of special taxes therein. Attachments: Attachment 1 – Resolution 2022-145 Attachment 2 – Exhibit A – Description of Territory Attachment 3 – Exhibit B – Description of Authorized Services Attachment 4 – Exhibit C – Rate and Method of Apportionment Attachment 5 – Exhibit D – Annexation and Potential Annexation Boundary Maps Attachment 6 – Exhibit E – Signed Petition, Waiver and Consent Attachment 7 – Exhibit F – Notice of Public Hearing Attachment 8 – Exhibit G – Special Election Ballot Attachment 9 – Project/Location Map Ward: 6 Synopsis of Previous Council Actions: August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982”. September 19, 2018 Resolution No. 2018-264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018-265 was adopted declaring election results for Community Facilities District No. 2018-1; and first reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. October 3, 2018 Final reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. Packet Pg.1676 Page 4 2 8 6 Packet Pg.1677 Resolution No. 2022-145 Resolution 2022-145 July 20, 2022 Page 1 of 5 2 0 9 RESOLUTION NO. 2022-145 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES) ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 6) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN WHEREAS, on August 15, 2018 the Mayor and City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018-239 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, the Mayor and City Council have received a petition form and signed by PI Properties, LLC, requesting (i) the annexation of the territory within the boundaries set forth in Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Exhibit “C”, hereto (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. Packet Pg.1678 Resolution No. 2022-145 Resolution 2022-145 July 20, 2022 Page 2 of 5 2 0 9 SECTION 2.Intent to Annex. The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018- 0300849. The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Exhibit “D” hereto (the “Boundary Map”). The City Clerk is hereby directed to sign the boundary map and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California. SECTION 4.Description of Authorized Services. The Services (as defined in the Rate and Method) proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory the Annexation Territory, at the present time and do not supplant services already available within the Annexation Territory at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District. SECTION 5.Levy of Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the Annexation Territory, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Exhibit “C” allows each homeowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special taxes for Services may be increased by an amount not to exceed four percent (4%) per year after July 1, 2024 to the extent permitted in the Rate and Method. The special tax Packet Pg.1679 Resolution No. 2022-145 Resolution 2022-145 July 20, 2022 Page 3 of 5 2 0 9 for Services may be levied for such period as the Services are needed, as further described in Exhibit “B” hereto. The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing police and paramedic services in the City as a result of the development of the land proposed for annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon value or ownership of real property. SECTION 6.Public Hearing. A public hearing (the “Hearing”) on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on September 7, 2022, Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California. Should the City Council determine to annex the Annexation Territory to the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Annexation Territory at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation Territory. Ballots for the special election may be distributed by mail or by personal service. SECTION 7.Adjustments. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act. SECTION 8.Public Hearing. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Annexation Territory, may appear to be heard. SECTION 9.Notice of Public Hearing. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. SECTION 10. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule Packet Pg.1680 Resolution No. 2022-145 Resolution 2022-145 July 20, 2022 Page 4 of 5 2 0 9 that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1681 Resolution No. 2022-145 Resolution 2022-145 July 20, 2022 Page 5 of 5 2 0 9 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-145, adopted at a regular meeting held on the 20th day of July 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1682 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) (the “CFD No. 2018-1”) Annexation No. 6 is currently comprised of one (1) parcel, located within the city boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Tract Number Owner Name 0143-191-59 TR 20494 PI Properties, LLC Packet Pg.1683 EXHIBIT B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. These services include police protection services (including but not limited to criminal justice services) and paramedic services. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator. The above services shall be limited to those provided within the boundaries of CFD No. 2018-1 for the benefit of the properties within the boundaries of CFD No. 2018-1 and said services may be financed by proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created.   Packet Pg.1684 EXHIBIT C City of San Bernardino Page 1  Community Facilities District No. 2018‐1 (Safety Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2018‐1 (Safety Services) (the “CFD No. 2018‐1” or “CFD”;  defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019,  in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the  legislative body of CFD No. 2018‐1, by applying the rate and method of apportionment set forth below.   All of the real property in CFD No. 2018‐1, unless exempted by law or by the provisions herein, shall be  taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation and administration of CFD No. 2018‐1 including, but not limited to: the costs of computing  the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or  designee thereof or both); the costs to the City, CFD No. 2018‐1, or any designee thereof associated  with fulfilling the CFD No. 2018‐1 reporting requirements; the costs associated with responding to  public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐1 or any designee  thereof related to an appeal of the Special Tax; and the City's annual administration fees and third  party expenses.  Administrative Expenses shall also include amounts estimated or advanced by the  City or CFD No. 2018‐1 for any other administrative purposes of CFD No. 2018‐1, including attorney's  fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent  Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means the identification number assigned to a parcel by the County  Assessor of the County of San Bernardino.    “CFD” or “CFD No. 2018‐1” means the City of San Bernardino Community Facilities District No. 2018‐ 1 (Safety Services).    “City” means the City of San Bernardino.     “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the  Special Tax is being levied.    Packet Pg.1685 City of San Bernardino Page 2  Community Facilities District No. 2018‐1 (Safety Services)   “Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a  building permit or use permit for the construction of a residential structure with two or more  Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator,  has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.    “Developed Single Family Property” means any residential property other than a Developed Multi‐ Family Property on an Assessor’s Parcel for which a building permit for new construction has been  issued by the City on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being  levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section D.     “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.     “Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for  any Fiscal Year.     “Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Assessor’s Parcels.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2018‐1 as set forth  in Appendix B.     “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of  Taxable Property.    "Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain  costs as required to meet the public safety needs of CFD No. 2018‐1 in both the current Fiscal Year  and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection  services, (ii) paramedic services, (iii) fund an operating reserve for the costs of Services as determined  by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax  Requirement include funds for bonds.  "Taxable Property" means all Assessor’s Parcels within CFD No. 2018‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit.       Packet Pg.1686 City of San Bernardino Page 3  Community Facilities District No. 2018‐1 (Safety Services)   B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES    As of July 1 of each Fiscal Year, commencing July 1, 2019, the Council shall determine the Special Tax  Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which  constitute a Developed Single Family Property or a Developed Multi‐Family Property until the  aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied  Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable  Maximum Special Tax to satisfy the Special Tax Requirement.     The Maximum Special Tax for Fiscal Year 2019‐2020 for a Developed Single Family Property and a  Developed Multi‐Family Property are shown below in Table 1.      TABLE 1  MAXIMUM SPECIAL TAX RATES   FISCAL YEAR 2019‐2020    Description  Taxable   Unit  Maximum   Special Tax  Developed Single Family Property RU $385   Developed Multi‐Family Property RU $358      Increase in the Maximum Special Tax    On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall  increase by four percent (4.0%).    No Special Tax shall be levied on property which, at the time of adoption of the Resolution of  Formation for CFD No. 2018‐1 is an Exempt Property.    C. TERM OF SPECIAL TAX     For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being  provided within the boundaries of CFD No. 2018‐1.    D. EXEMPTIONS      The City shall classify as Exempt Property within CFD No. 2018‐1, any Assessor’s Parcel in any of the  following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication,  encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility  easements making impractical their utilization for other than the purposes set forth in the easement;  (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public  uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined  by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or  a Developed Multi‐Family Property.    Packet Pg.1687 City of San Bernardino Page 4  Community Facilities District No. 2018‐1 (Safety Services)   E. APPEALS      Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  The Administrator shall promptly review the appeal,  and if necessary, meet with the property owner, consider written and oral evidence regarding the  amount of the Special Tax, and rule on the appeal.  If the Administrator’s decision requires that the  Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash  refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel  in the subsequent Fiscal Year(s).       F. MANNER OF COLLECTION     The Maximum Special Taxes levied in each Fiscal Year shall be collected in the same manner as  ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the  same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.   However, the District may collect the Special Tax at a different time or in a different manner if  necessary to meet its financial obligations.      The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section  3115.5 of the Streets and Highways Code.  This lien shall be a continuing lien and shall secure each  levy of Maximum Special Taxes.  The lien of Maximum Special Taxes shall continue in force and effect  until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government  Code.         Packet Pg.1688 City of San Bernardino Page 5  Community Facilities District No. 2018‐1 (Safety Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2018‐1   (SAFETY SERVICES)    ANNEXATION  SUMMARY  Safety Services ‐ It is estimated that the cost of providing police and paramedic services being funded by  the Special Tax for the Community Facilities District No. 2018‐1 (Safety Services) will be as follows for the  Fiscal Year 2022‐2023:   $385 per residential unit for Developed Single Family Residential Property   $358 per residential unit for Developed Multi‐Family Residential Property   Annual Escalation ‐ On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed  Property shall increase by four percent (4.0%).  Annex.   #  Fiscal  Year  Tract/   APN  Development  Name  No. of   Taxable  Units  Land Use  Category   Maximum   Special Tax Subdivider  Original 2019‐20 TR 17329  Verdemont  Ranch 74  Developed Single  Family Property $385 17329, LLC  1 2020‐21 TR 20006 Rancho Palma 119  Developed Single  Family Property $385 TH Rancho Palms LLC  2 2020‐21 TR 20261 Hispano Inv. 5  Developed Single  Family Property $385 Hispano Investors Inc  3 2021‐22 TR 20293 ICO Fund 96  Developed Single  Family Property $385 ICO Fund VI, LLC  4 2022‐23 TR 20145 Belmont 16  Developed Single  Family Property $385 RCH‐CWI Belmont, LP  5 2022‐23 TR 20258 N. Meridian 6  Developed Single  Family Property $385 RGC Family Trust  6 2022‐23 TR 20494  Medical/  Highland 95  Developed Single  Family Property $385 PI Properties, LLC  7 2022‐23 TR 20495 Palm 133  Developed Single  Family Property $385  Pacific West Company,  et al.                          Packet Pg.1689 City of San Bernardino Page 6  Community Facilities District No. 2018‐1 (Safety Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2018‐1  (SAFETY SERVICES)  DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2018‐1, as provided by  Section 53313 of the Act, will include some or all of the costs attributable to public safety.    These services include police protection services (including but not limited to criminal justice services) and  paramedic services.     In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of  Apportionment and to establish an operating reserve for the costs of services as determined by the  Administrator.   The above services shall be limited to those provided within the boundaries of CFD No. 2018‐1 for the  benefit of the properties within the boundaries of CFD No. 2018‐1 and said services may be financed by  proceeds of the special tax of CFD No. 2018‐1 only to the extent that they are in addition to those provided  in the territory of CFD No. 2018‐1 before CFD No. 2018‐1 was created.                  Packet Pg.1690 20TH STHIGHLAND AVEGARDENA STMADISON ST·|}þ2100143-191-59ANNEXATION MAP NO. 6COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETCFD 2018-1ANNEX 6^_·|}þ259·|}þ18·|}þ210§¨¦215£¤66£¤66THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2022-23.-THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONAUGUST 16, 2018 IN BOOK 87 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 96 ANDAS INSTRUMENT NO. 2018-0300849 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2018-1(SAFETY SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBERTHIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATEEXHIBIT D&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1691 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1692 PETITION TO THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2018-1 WITHIN THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), for the annexation of territory to Community Facilities District No. 2018-1 (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration required to provide police protection services, including but not limited to criminal justice services in the area surrounding the subject project. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the annexation area to the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the annexation of territory to the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annex territory to the Community Facilities District of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. EXHIBIT E Packet Pg.1693 Packet Pg.1694 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2018-1 (SAFETY SERVICES) (ANNEXATION NO. 6) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on July 20, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2018-1 (Safety Services) (the "CFD No. 2018-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2018-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, September 7, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2018-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 7, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2022   Packet Pg.1695 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 6 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes PI Properties, LLC 10.10 11 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1696   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): PI Properties, LLC Attn: Rao Yalamanchili 610 n. Santa Anita Ave. Arcadia, CA 91006 0143-191-59 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.        Pi Properties, LLC By: Rao Yalamanchili President Signature Print Name Title   Packet Pg.1697 20TH ST MEDICAL CENTER DRHIGHLAND AVE ·|}þ210 ^_MEDICAL CENTER DRMOUNT VERNON AVEPENNSYLVANIA AVENINTEENTH ST ORANGE STCALIFORNIA STCALIFORNIA AVEMAGNOLIA AVE HI GH LAND AVE 13TH ST L STUNION ST 17 TH S T VIRGINIA ST 19 TH S T £¤66 £¤66 §¨¦215 ·|}þ259 ·|}þ210 CFD N O. 2018-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 6 PROJECT MAP Packet Pg.1698 Page 1 2 8 9 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Resolution Declaring Intent to Annex Territory: Community Facilities District No. 2018-1 (Safety Services) Annexation No. 7, (TR 20495) (Ward 4) Recommendation: Adopt Resolution No. 2022-146 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 7) and authorizing the levy of special taxes therein. Background: On September 19, 2018, the Mayor and City Council approved Resolution No. 2018-264 establishing Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the "CFD No. 2018-1" or "District") for the purpose of levying special taxes on parcels of taxable property to provide certain services which are necessary to meet increased demands placed upon the City. Discussion: Development projects are subject to conditions of approval that require projects to form/annex a services district. These districts apply an annual fee or special tax upon properties within the District which provide the revenue to offset the cost of public safety necessary to serve the development. Pacific West Company, et al. (the “Owners”) have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Act. To that end, the Owner has submitted a "Consent and Waiver" form, which is on file in the City Clerk's office that authorizes the City to (1) hold the election and declare election results; (2) shorten election time requirements; (3) waive analysis and arguments; (4) waive all notice requirements relating to the conduct of the election immediately following the public hearing. The public services proposed to be financed within and for the benefit of the territory to be annexed to the District are the following: 1.Police protection services (including but not limited to criminal justice services) and paramedic services; and Packet Pg.1699 Page 2 2 8 9 2. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds. The proposed development includes approximately 15.51 gross acres of zoned residential property to include 133 detached single-family residential lots. The property is located at the northwest intersection of E Highland Ave. and N Palm Ave. This development will be Annexation No. 7 within CFD No. 2018-1, as shown in the boundary map and included in the Resolution of Intention as Exhibit “D”. In order to annex into CFD No. 2018-1, a Resolution of Intention to annex property must be approved to identify the services and establish the maximum special tax for this annexation. The Resolution of Intention shall also set the date and time for the public hearing. The rate and method of apportionment of the special tax for Annexation No. 7, is included as Exhibit “C” to the Resolution of Intention. The maximum annual special tax for this development has been calculated to be $385 per residential unit for FY 2022/23. If the maximum allowable annual fee were levied, the revenue generated would be $51,205 per year. In order to annex property to CFD No. 2018-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2018-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area). Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien. Amend the Ordinance and order the levy and collection of special taxes in the District. With the adoption of the Resolution of Intention, the Public Hearing would be scheduled for September 7, 2022. 2021-2025 Key Strategic Targets and Goals: This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth. Financial Impact: The individual property owners in the CFD will be responsible for annual payments of special taxes. Upon full completion of the development, it is estimated that there will be an annual collection of special tax revenues of approximately $51,205 to be used to pay for safety services. The Maximum Special Tax rate is proposed to escalate each year after July 1, 2024 Packet Pg.1700 Page 3 2 8 9 by four percent (4.0%). All costs associated with annexation into the CFD have been borne by the Developer. Conclusion: Adopt Resolution No. 2022-146 of the Mayor and City Council of the City of San Bernardino, California, declaring its intention to consider annexing territory to Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino, adopting a map of the area to be proposed (Annexation No. 7) and authorizing the levy of special taxes therein. Attachments: Attachment 1 – Resolution 2022-146 Attachment 2 – Exhibit A – Description of Territory Attachment 3 – Exhibit B – Description of Authorized Services Attachment 4 – Exhibit C – Rate and Method of Apportionment Attachment 5 – Exhibit D – Annexation and Potential Annexation Boundary Maps Attachment 6 – Exhibit E – Signed Petition, Waiver and Consent Attachment 7 – Exhibit F – Notice of Public Hearing Attachment 8 – Exhibit G – Special Election Ballot Attachment 9 – Project/Location Map Ward: 4 Synopsis of Previous Council Actions: August 15, 2018 Mayor and City Council adopted Resolution No. 2018-239, a Resolution of Intention to form Community Facilities District No. 2018-1 (Safety Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the Mello- Roos Community Facilities Act of 1982”. September 19, 2018 Resolution No. 2018-264 was adopted establishing Community Facilities District No. 2018-1; Resolution No. 2018-265 was adopted declaring election results for Community Facilities District No. 2018-1; and first reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. October 3, 2018 Final reading of Ordinance No. MC-1506 levying special taxes to be collected during FY 2019-20 to pay annual costs of safety services and expenses with respect to Community Facilities District No. 2018-1. Packet Pg.1701 Page 4 2 8 9 Packet Pg.1702 Resolution No. 2022-146 Resolution 2022-146 July 20, 2022 Page 1 of 5 2 2 2 RESOLUTION NO. 2022-146 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, ACTING AS THE LEGISLATIVE BODY OF COMMUNITY FACILITIES DISTRICT NO. 2018-1 OF THE CITY OF SAN BERNARDINO (SAFETY SERVICES), DECLARING ITS INTENTION TO CONSIDER ANNEXING TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) OF THE CITY OF SAN BERNARDINO, ADOPTING A MAP OF THE AREA TO BE PROPOSED (ANNEXATION NO. 7) AND AUTHORIZING THE LEVY OF SPECIAL TAXES THEREIN WHEREAS, on August 15, 2018 the Mayor and City Council (the “City Council”) of the City of San Bernardino adopted Resolution No. 2018-239 (the “Resolution of Intention”), declaring its intention to establish Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services) (“Community Facilities District No. 2018-1” or the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”); and WHEREAS, after a duly noticed public hearing, the Mayor and City Council adopted Resolution No. 2018-264 (the “Resolution of Formation”) establishing Community Facilities District No. 2018-1 and calling a special election therein to authorize (i) the levy of special taxes pursuant to the rate and method of apportionment of the special tax, as set forth in Exhibit “C” attached to the Resolution of Intention (the “Original Rate and Method”), and (ii) the establishment of an appropriations limit for Community Facilities District No. 2018-1; and WHEREAS, the Mayor and City Council have received a petition form and signed by Pacific West Company, et al., requesting (i) the annexation of the territory within the boundaries set forth in Exhibit “A”, hereto (the “Annexation Territory”) to the District; (ii) the levy of the special tax within the Annexation Territory in accordance with the Rate and Method of Apportionment of Special Tax attached as Exhibit “C”, hereto (the “Rate and Method”), which Rate and Method is identical to the Original Rate and Method in all respects except that Appendix A thereto has been updated in accordance with the terms of the Original Rate and Method to reflect the annexation described herein and (iii) the waiving certain election requirements; and BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. Packet Pg.1703 Resolution No. 2022-146 Resolution 2022-146 July 20, 2022 Page 2 of 5 2 2 2 SECTION 2.Intent to Annex. The City Council declares its intention to conduct proceedings pursuant to the Act for the annexation to the District of the Annexation Territory. SECTION 3.Description of Territory Proposed to be Annexed, Annexation Map. The map showing the original boundaries of the District designated as “Map of Proposed Boundaries of Community Facilities District No. 2018-1 of the City of San Bernardino (Safety Services),” which map is on file in the office of the City Clerk and was recorded pursuant to Sections 3111 and 3113 of the Streets and Highways Code in the City of County Book of Maps of Assessment and Community Facilities Districts in the Assessor-County Clerk-Recorder’s office of the County of San Bernardino in Book No. 87 Page No. 96, on August 16, 2018 as Instrument No. 2018- 0300849. The boundaries of the Annexation Territory proposed to be annexed to the District and be made subject to taxation are as shown on the annexation map set forth in Exhibit “D” hereto (the “Boundary Map”). The City Clerk is hereby directed to sign the boundary map and record it with all proper endorsements thereon with the County Recorder of the County of San Bernardino within 15 days after the adoption of this resolution, all as required by Section 3111 of the Streets and Highways Code of the State of California. SECTION 4.Description of Authorized Services. The Services (as defined in the Rate and Method) proposed to be provided for the benefit of the Annexation Territory are public services as defined in the Act, and this City Council finds and determines that the Services to be financed are in addition to those provided in the territory the Annexation Territory, at the present time and do not supplant services already available within the Annexation Territory at the present time. The City Council hereby finds and determines that the description of the Services herein is sufficiently informative to allow taxpayers within the Annexation Territory, to understand what the funds of the District may be used to finance. The Services Incidental Expenses (as defined in the Rate and Method) expected to be incurred within the Annexation Territory are set forth in the Rate and Method. The amount and term of the special tax to be levied by the District within the Annexation Territory and the Services to be provided by the District within the Annexation Territory shall be identical to those within the original boundaries of the District. SECTION 5.Levy of Special Taxes. Except where funds are otherwise available, it is the intention of the City Council to levy annually in accordance with the procedures contained in the Act a separate special tax, secured by recordation of a continuing lien against all nonexempt real property in the Annexation Territory, sufficient to pay for the Services and the Services Incidental Expenses. The rate and method of apportionment and manner of collection of the special taxes set forth in Exhibit “C” allows each homeowner within the Annexation Territory to estimate the maximum amount that may be levied against each parcel. The special taxes for Services may be increased by an amount not to exceed four percent (4%) per year after July 1, 2024 to the extent permitted in the Rate and Method. The special tax for Services may be levied for such period as the Services are needed, as further described in Exhibit “B” hereto. Packet Pg.1704 Resolution No. 2022-146 Resolution 2022-146 July 20, 2022 Page 3 of 5 2 2 2 The special taxes are based on the expected demand that each parcel of real property within the Annexation Territory will place on the Services. The City Council hereby determines that the proposed Services are necessary to meet the increased demand placed upon the City and the existing police and paramedic services in the City as a result of the development of the land proposed for annexation to the District. The City Council hereby determines the rate and method of apportionment of the special taxes to be reasonable. The special tax is apportioned to each parcel on the foregoing basis pursuant to Section 53325.3 of the Act and such special taxes are not on or based upon value or ownership of real property. SECTION 6.Public Hearing. A public hearing (the “Hearing”) on the annexation of the Annexation Territory to the District, the levy of the special tax within the Annexation Territory in accordance with the Rate and Method to finance the Services shall be held at 7:00 p.m., or as soon thereafter as practicable, on September 7, 2022, Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California. Should the City Council determine to annex the Annexation Territory to the District, a special election will be held to authorize the levy of the special taxes in accordance with the procedures contained in Government Code Section 53326. If held, the proposed voting procedure at the election will be a landowner vote with each landowner who is the owner of record of land within Annexation Territory at the close of the Hearing, or the authorized representative thereof, having one vote for each acre or portion thereof owned within the Annexation Territory. Ballots for the special election may be distributed by mail or by personal service. SECTION 7.Adjustments. The City Council does not intend to make any adjustment in property taxation pursuant to Sections 53313.6 and 53313.7 of the Act. SECTION 8.Public Hearing. At the time and place set forth above for the Hearing, any interested person, including all persons owning lands or registered to vote within the Annexation Territory, may appear to be heard. SECTION 9.Notice of Public Hearing. The City Clerk is hereby directed to publish a notice (the “Notice”) of the Hearing pursuant to Section 6061 of the Government Code in a newspaper of general circulation published in the area of the Annexation Territory. The City Clerk is further directed to mail a copy of the Notice to each landowner within the Annexation Territory at least 15 days prior to the Hearing. The Notice shall contain the text or a summary of this Resolution, the time and place of the Hearing, a statement that the testimony of all interested persons or taxpayers will be heard, a description of the protest rights of the registered voters and landowners in the proposed district and a description of the proposed voting procedure for the election required by the Act. Such publication shall be completed at least seven (7) days prior to the date of the Hearing. SECTION 10. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that Packet Pg.1705 Resolution No. 2022-146 Resolution 2022-146 July 20, 2022 Page 4 of 5 2 2 2 the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 11. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 12. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1706 Resolution No. 2022-146 Resolution 2022-146 July 20, 2022 Page 5 of 5 2 2 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-146, adopted at a regular meeting held on the 20th day of July 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.1707 EXHIBIT A DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED The City of San Bernardino Community Facilities District No. 2018-1 (Safety Services) (the “CFD No. 2018-1”) Annexation No. 7 is currently comprised of five (5) parcels, located within the city boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APN). APN Tract Number Owner Name 0285-211-05 TR 20495 Pacific West Co., et al. 0285-211-21 TR 20495 Pacific West Co., et al. 0285-211-22 TR 20495 Pacific West Co., et al. 0285-211-23 TR 20495 Pacific West Co., et al. 0285-211-25 TR 20495 Pacific West Co., et al. Packet Pg.1708 EXHIBIT B CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) DESCRIPTION OF AUTHORIZED SERVICES The services which may be funded with proceeds of the special tax of CFD No. 2018-1, as provided by Section 53313 of the Act, will include some or all of the costs attributable to public safety. These services include police protection services (including but not limited to criminal justice services) and paramedic services. In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of Apportionment and to establish an operating reserve for the costs of services as determined by the Administrator. The above services shall be limited to those provided within the boundaries of CFD No. 2018-1 for the benefit of the properties within the boundaries of CFD No. 2018-1 and said services may be financed by proceeds of the special tax of CFD No. 2018-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2018-1 before CFD No. 2018-1 was created.   Packet Pg.1709 EXHIBIT C City of San Bernardino Page 1  Community Facilities District No. 2018‐1 (Safety Services)   RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR   COMMUNITY FACILITIES DISTRICT NO. 2018‐1 (SAFETY SERVICES)  OF THE CITY OF SAN BERNARDINO    A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined  below) in Community Facilities District No. 2018‐1 (Safety Services) (the “CFD No. 2018‐1” or “CFD”;  defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019,  in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the  legislative body of CFD No. 2018‐1, by applying the rate and method of apportionment set forth below.   All of the real property in CFD No. 2018‐1, unless exempted by law or by the provisions herein, shall be  taxed to the extent and in the manner provided herein.    A. DEFINITIONS    “Administrative Expenses” means the actual or reasonably estimated costs directly related to the  formation and administration of CFD No. 2018‐1 including, but not limited to: the costs of computing  the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or  designee thereof or both); the costs to the City, CFD No. 2018‐1, or any designee thereof associated  with fulfilling the CFD No. 2018‐1 reporting requirements; the costs associated with responding to  public inquiries regarding the Special Taxes; the costs of the City, CFD No. 2018‐1 or any designee  thereof related to an appeal of the Special Tax; and the City's annual administration fees and third  party expenses.  Administrative Expenses shall also include amounts estimated or advanced by the  City or CFD No. 2018‐1 for any other administrative purposes of CFD No. 2018‐1, including attorney's  fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent  Special Taxes.    “Administrator” means the City Manager of the City of San Bernardino, or his or her designee.    “Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number  by the County Assessor of the County of San Bernardino.    “Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by  Assessor’s Parcel Number.    “Assessor’s Parcel Number” means the identification number assigned to a parcel by the County  Assessor of the County of San Bernardino.    “CFD” or “CFD No. 2018‐1” means the City of San Bernardino Community Facilities District No. 2018‐ 1 (Safety Services).    “City” means the City of San Bernardino.     “County” means the County of San Bernardino.    “Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit  for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the  Special Tax is being levied.    Packet Pg.1710 City of San Bernardino Page 2  Community Facilities District No. 2018‐1 (Safety Services)   “Developed Multi‐Family Property” means all Assessor's Parcels of Developed Property for which a  building permit or use permit for the construction of a residential structure with two or more  Residential Units that share a single Assessor's Parcel Number, as determined by the Administrator,  has been issued prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.    “Developed Single Family Property” means any residential property other than a Developed Multi‐ Family Property on an Assessor’s Parcel for which a building permit for new construction has been  issued by the City on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being  levied.    “Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as  provided for in Section D.     “Fiscal Year” means the period from and including July 1st of any year to and including the following  June 30th.     “Maximum Special Tax” means the Maximum Special Tax, as applicable, levied within the CFD for  any Fiscal Year.     “Proportionately” means for Taxable Property, that the ratio of the actual Special Tax levy to the  Maximum Special Tax is the same for all Assessor’s Parcels.    “Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile  by one or more persons, as determined by the Administrator.    “Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed  Residential Units have been constructed or for which building permits have been or may be issued for  purposes of constructing one or more Residential Units.    “Services” means services permitted under the Mello‐Roos Community Facilities Act of 1982  including, without limitation, those services authorized to be funded by CFD No. 2018‐1 as set forth  in Appendix B.     “Special Tax” means the Special Tax to be levied in each Fiscal Year on each Assessor’s Parcel of  Taxable Property.    "Special Tax Requirement" means the amount to be collected in any Fiscal Year to pay for certain  costs as required to meet the public safety needs of CFD No. 2018‐1 in both the current Fiscal Year  and the next Fiscal Year. The costs to be covered shall be the direct costs for (i) police protection  services, (ii) paramedic services, (iii) fund an operating reserve for the costs of Services as determined  by the Administrator, and (iv) Administrative Expenses. Under no circumstances shall the Special Tax  Requirement include funds for bonds.  "Taxable Property" means all Assessor’s Parcels within CFD No. 2018‐1, which are not Exempt  Property.    “Taxable Unit” means a Residential Unit.       Packet Pg.1711 City of San Bernardino Page 3  Community Facilities District No. 2018‐1 (Safety Services)   B. RATE AND METHOD OF APPORTIONMENT OF MAXIMUM SPECIAL TAX RATES    As of July 1 of each Fiscal Year, commencing July 1, 2019, the Council shall determine the Special Tax  Requirement and shall levy the Special Tax upon each of the Assessor’s Parcels within the CFD which  constitute a Developed Single Family Property or a Developed Multi‐Family Property until the  aggregate amount of Special Tax equals the Special Tax Requirement. The Special Tax shall be levied  Proportionately on all Assessor’s Parcels of Developed Property up to 100% of the applicable  Maximum Special Tax to satisfy the Special Tax Requirement.     The Maximum Special Tax for Fiscal Year 2019‐2020 for a Developed Single Family Property and a  Developed Multi‐Family Property are shown below in Table 1.      TABLE 1  MAXIMUM SPECIAL TAX RATES   FISCAL YEAR 2019‐2020    Description  Taxable   Unit  Maximum   Special Tax  Developed Single Family Property RU $385   Developed Multi‐Family Property RU $358      Increase in the Maximum Special Tax    On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed Property shall  increase by four percent (4.0%).    No Special Tax shall be levied on property which, at the time of adoption of the Resolution of  Formation for CFD No. 2018‐1 is an Exempt Property.    C. TERM OF SPECIAL TAX     For each Fiscal Year, the Maximum Special Taxes shall be levied as long as the Services are being  provided within the boundaries of CFD No. 2018‐1.    D. EXEMPTIONS      The City shall classify as Exempt Property within CFD No. 2018‐1, any Assessor’s Parcel in any of the  following categories; (i) Assessor’s Parcels which are owned by, irrevocably offered for dedication,  encumbered by or restricted in use by any public entity; (ii) Assessor’s Parcels with public or utility  easements making impractical their utilization for other than the purposes set forth in the easement;  (iii) Assessor’s Parcels which are privately owned but are encumbered by or restricted solely for public  uses; (iv) any Assessor’s Parcel which is in use in the performance of a public function as determined  by the Administrator; or (v) any Assessor’s Parcel which is not a Developed Single Family Property or  a Developed Multi‐Family Property.    Packet Pg.1712 City of San Bernardino Page 4  Community Facilities District No. 2018‐1 (Safety Services)   E. APPEALS      Any property owner claiming that the amount or application of the Special Taxes are not correct may  file a written notice of appeal with the City not later than twelve months after having paid the first  installment of the Special Tax that is disputed.  The Administrator shall promptly review the appeal,  and if necessary, meet with the property owner, consider written and oral evidence regarding the  amount of the Special Tax, and rule on the appeal.  If the Administrator’s decision requires that the  Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash  refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel  in the subsequent Fiscal Year(s).       F. MANNER OF COLLECTION     The Maximum Special Taxes levied in each Fiscal Year shall be collected in the same manner as  ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the  same procedure, sale, and lien priority in case of delinquency as is provided for ad valorem taxes.   However, the District may collect the Special Tax at a different time or in a different manner if  necessary to meet its financial obligations.      The Maximum Special Taxes when levied shall be secured by the lien imposed pursuant to Section  3115.5 of the Streets and Highways Code.  This lien shall be a continuing lien and shall secure each  levy of Maximum Special Taxes.  The lien of Maximum Special Taxes shall continue in force and effect  until the Special Tax ceases to be levied in the manner provided by Section 53330.5 of the Government  Code.         Packet Pg.1713 City of San Bernardino Page 5  Community Facilities District No. 2018‐1 (Safety Services)   APPENDIX A    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2018‐1   (SAFETY SERVICES)    ANNEXATION  SUMMARY  Safety Services ‐ It is estimated that the cost of providing police and paramedic services being funded by  the Special Tax for the Community Facilities District No. 2018‐1 (Safety Services) will be as follows for the  Fiscal Year 2022‐2023:   $385 per residential unit for Developed Single Family Residential Property   $358 per residential unit for Developed Multi‐Family Residential Property   Annual Escalation ‐ On each July 1, commencing on July 1, 2024 the Maximum Special Tax for Developed  Property shall increase by four percent (4.0%).  Annex.   #  Fiscal  Year  Tract/   APN  Development  Name  No. of   Taxable  Units  Land Use  Category   Maximum   Special Tax Subdivider  Original 2019‐20 TR 17329  Verdemont  Ranch 74  Developed Single  Family Property $385 17329, LLC  1 2020‐21 TR 20006 Rancho Palma 119  Developed Single  Family Property $385 TH Rancho Palms LLC  2 2020‐21 TR 20261 Hispano Inv. 5  Developed Single  Family Property $385 Hispano Investors Inc  3 2021‐22 TR 20293 ICO Fund 96  Developed Single  Family Property $385 ICO Fund VI, LLC  4 2022‐23 TR 20145 Belmont 16  Developed Single  Family Property $385 RCH‐CWI Belmont, LP  5 2022‐23 TR 20258 N. Meridian 6  Developed Single  Family Property $385 RGC Family Trust  6 2022‐23 TR 20494  Medical/  Highland 95  Developed Single  Family Property $385 PI Properties, LLC  7 2022‐23 TR 20495  Palm  133  Developed Single  Family Property $385  Pacific West Company,  et al.                          Packet Pg.1714 City of San Bernardino Page 6  Community Facilities District No. 2018‐1 (Safety Services)   APPENDIX B    CITY OF SAN BERNARDINO  COMMUNITY FACILITIES DISTRICT NO. 2018‐1  (SAFETY SERVICES)  DESCRIPTION OF AUTHORIZED SERVICES    The services which may be funded with proceeds of the special tax of CFD No. 2018‐1, as provided by  Section 53313 of the Act, will include some or all of the costs attributable to public safety.    These services include police protection services (including but not limited to criminal justice services) and  paramedic services.     In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may  be expended to pay “Administrative Expenses” as said term is defined in the Rate and Method of  Apportionment and to establish an operating reserve for the costs of services as determined by the  Administrator.   The above services shall be limited to those provided within the boundaries of CFD No. 2018‐1 for the  benefit of the properties within the boundaries of CFD No. 2018‐1 and said services may be financed by  proceeds of the special tax of CFD No. 2018‐1 only to the extent that they are in addition to those provided  in the territory of CFD No. 2018‐1 before CFD No. 2018‐1 was created.                  Packet Pg.1715 PLEASANT HILL DRORANGE STPALM AVEHIGHLAND AVE0285-211-050285-211-230285-211-220285-211-210285-211-25ANNEXATION MAP NO. 7COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES)CITY OF SAN BERNARDINOCOUNTY OF SAN BERNARDINO, STATE OF CALIFORNIASHEET 1 OF 1 SHEETCFD 2018-1ANNEX 7^_·|}þ210·|}þ18·|}þ330·|}þ38·|}þ210§¨¦10THIS ANNEXATION MAP CORRECTY SHOWS THE LOT ORPARCEL OF LAND INCLUDED WITHIN THE BOUNDARIES OFTHE COMMUNITY FACILITIES DISTRICT. FOR DETAILSCONCERNING THE LINES AND DIMENSIONS OF LOTS ORPARCEL REFER TO THE COUNTY ASSESSOR MAPS FORFISCAL YEAR 2022-23.-THIS MAP SHOWS THE BOUNDARIES OF AREAS TO BEANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2018-1(SAFETY SERVICES), OF THE CITY OF SANBERNARDINO, COUNTY OF SAN BERNARDINO, STATE OFCALIFORNIA. THE BOUNDARIES OF WHICH COMMUNITY FACILITIESDISTRICT ARE SHOWN AND DESCRIBED ON THE MAPTHEREOF WHICH WAS PREVIOUSLY RECORDED ONAUGUST 16, 2018 IN BOOK 87 OF MAPS OF ASSESSMENTAND COMMUNITY FACILITIES DISTRICT AT PAGE 96 ANDAS INSTRUMENT NO. 2018-0300849 IN THE OFFICE OF THECOUNTY RECORDER OF THE COUNTY OF SAN BERNARDINO,STATE OF CALIFORNIA. I HEREBY CERTIFY THAT THE WITHIN MAP SHOWING PROPOSEDBOUNDARIES OF COMMUNITY FACILITIES DISTRICT 2018-1(SAFETY SERVICES) FOR THE CITY OF SAN BERNARDINO,COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, WASAPPROVED BY THE CITY COUNCIL OF THE CITY OF SANBERNARDINO AT A REGULAR MEETING THEREOF, HELDON THE ____ DAY OF ____________________, 20 ____. BY ITS RESOLUTION NO. ____________________ _________________________________________CITY CLERK, CITY OF SAN BERNARDINO FILED IN THE OFFICE OF THE CITY CLERK THIS _____ DAY OF________, 20 ____. _________________________________________ CITY CLERK, CITY OF SAN BERNARDINO LEGEND ANNEXATION AREA BOUNDARYPARCEL LINECITY BOUNDARYXXXX-XXX-XX ASSESSOR PARCEL NUMBERTHIS MAP WAS FILED UNDER DOCUMENT NUMBER_____________, THIS ____ DAY OF _______, 20 ____, AT_____ M. IN BOOK ___ OF __________ AT PAGE ____, ATTHE REQUEST OF _____________________________IN THE AMOUNT OF $_________ BOB DUTTONASSESSOR-RECORDER SAN BERNARDINO COUNTY BY:________________________________ DEPUTY RECORDER SAN BERNARDINO COUNTY RECORDER'S CERTIFICATEEXHIBIT D&nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1716 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1717 PETITION TO THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO REQUESTING TO ANNEX TERRITORY INTO COMMUNITY FACILITIES DISTRICT NO. 2018-1 WITHIN THE CITY OF SAN BERNARDINO AND A WAIVER WITH RESPECTS TO CERTAIN PROCEDURAL MATTERS UNDER THE MELLO-ROOS COMMUNITY FACILITIES ACT OF 1982 AND CONSENTING TO THE LEVY OF SPECIAL TAXES THEREON TO PAY THE COSTS OF SERVICES TO BE PROVIDED BY THE COMMUNITY FACILITIES DISTRICT 1. The undersigned requests that the City Council of the City of San Bernardino, initiate and conduct proceedings pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”) (Government Code Section 53311 et seq.), for the annexation of territory to Community Facilities District No. 2018-1 (the “Community Facilities District”) of the property described below and consents to the annual levy of special taxes on such property to pay the costs of services to be provided by the community facilities district. 2. The undersigned requests that the community facilities district provide any services that are permitted under the Act including, but not limited to, all necessary service, operations, administration required to provide police protection services, including but not limited to criminal justice services in the area surrounding the subject project. 3. The undersigned hereby certifies that as of the date indicated opposite its signature, it is the owner of all the property within the proposed boundaries of the annexation area to the Community Facilities District as described in Exhibit A hereto and as shown on the map Exhibit B hereto. 4. The undersigned requests that a special election be held under the Act to authorize the special taxes for the proposed community facilities district. The undersigned waives any requirement for the mailing of the ballot for the special election and expressly agrees that said election may be conducted by mailed or hand-delivered ballot to be returned as quickly as possible to the designated election official, being the office of the City Clerk and the undersigned request that the results of said election be canvassed and reported to the City Council at the same meeting of the City Council as the public hearing on the annexation of territory to the Community Facilities District or at the next available meeting. 5. Pursuant to Sections 53326(a) and 53327(b) of the Act, the undersigned expressly waives all applicable waiting periods for the election and waives the requirement for analysis and arguments relating to the special election, and consents to not having such materials provided to the landowner in the ballot packet, and expressly waives any requirements as to the form of the ballot. The undersigned expressly waives all notice requirements relating to hearings and special elections (except for published notices required by the Act), and whether such requirements are found in the California Elections Code, the California Government Code or other laws or procedures, including but not limited to any notice provided for by compliance with the provisions of Section 4101 of the California Elections Code. 6. The undersigned hereby consents to and expressly waives any and all claims based on any irregularity, error, mistake or departure from the provisions of the Act or other laws of the State and any and all laws and requirements incorporated therein, and no step or action in any proceeding relative to annex territory to the Community Facilities District of the portion of the incorporated area of the City of San Bernardino or the special election therein shall be invalidated or affected by any such irregularity, error mistake or departure. EXHIBIT E Packet Pg.1718 Packet Pg.1719 Packet Pg.1720 Packet Pg.1721 EXHIBIT F NOTICE OF PUBLIC HEARING ON INTENTION TO ANNEX TERRITORY TO AN EXISTING COMMUNITY FACILITIES DISTRICT 2018-1 (SAFETY SERVICES) (ANNEXATION NO. 7) NOTICE IS HEREBY GIVEN that the City Council of the City of San Bernardino on July 20, 2022 adopted its Resolution No. 2022-___, in which it declared its intention to annex territory to existing Community Facilities District No. 2018-1 (Safety Services) (the "CFD No. 2018-1"), and to levy a special tax to pay for certain safety services, all pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, Chapter 2.5, Part 1, Division 2, Title 5 of the California Government Code. The resolution describes the territory to be annexed and describes the rate and method of apportionment of the proposed special tax. No change in the tax levied in the existing CFD No. 2018-1 is proposed. NOTICE IS HEREBY FURTHER GIVEN that the City Council has fixed 7:00 p.m., or as soon thereafter as practicable, Wednesday, September 7, 2022 at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, as the time and place when and where the City Council will conduct a public hearing on the annexation of territory to CFD No. 2018-1. At the hearing, the testimony of all interest persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the September 7, 2022 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002. DATED: ____________, 2022 _________________________________________ City Clerk of the City of San Bernardino PUB: _______________, 2022   Packet Pg.1722 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Chenmei Cheng 4.265 5 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1723   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Chenmei Cheng Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.   Chenmei Cheng Owner Signature Print Name Title   Packet Pg.1724 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Ann C. Lau 0.853 1 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1725   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Ann C. Lau Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.   Ann C. Lau Owner Signature Print Name Title   Packet Pg.1726 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Hanhsing Li 3.412 4 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1727   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Hanhsing Li Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-05 and 0285-211-25 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.   Hanhsing Li Owner Signature Print Name Title   Packet Pg.1728 EXHIBIT G CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) ANNEXATION NO. 7 (September 7, 2022) This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2018-1 (Safety Services) (“CFD No. 2018-1”) of the City of San Bernardino: Name of Landowner Number of Acres Owned Total Votes Pacific West Company 6.599 7 According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above-named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax. This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2018-1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows: Mail Delivery: If by mail, place ballot in the return envelope provided, and mail no later than August 24, 2022, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted. Personal Delivery: If in person, deliver to the City Clerk at any time up to 7:00 p.m. on September 7, 2022, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401. However delivered, this ballot must be received by the Clerk prior to the close of the public meeting on September 7, 2022. Very truly yours, Genoveva Rocha, CMC, City Clerk Packet Pg.1729   TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE. OFFICIAL SPECIAL TAX BALLOT Name & Address of Property Owner: Assessor’s Parcel Number(s): Pacific West Company Attn: Matthew Esquivel 3090 Pullman Street Costa Mesa, CA 92626 0285-211-21, -22, -23 CITY OF SAN BERNARDINO COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA COMMUNITY FACILITIES DISTRICT NO. 2018-1 (SAFETY SERVICES) AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT PROPOSITION A MARK “YES” OR “NO” WITH AN “X”: Shall the territory described in Attachment “A” of Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be annexed to Community Facilities District No. 2018-1 (Safety Services)? YES _________ NO _________ PROPOSITION B MARK “YES” OR “NO” WITH AN “X”: Shall a special tax with a rate and method of apportionment as provided in Attachment “C” to Resolution No. 2022-___ of the Mayor and City Council of the City of San Bernardino be levied to pay for the Services and other purposes described in Resolution No. 2018-264? YES _________ NO _________ Certification for Special Election Ballot The undersigned is an authorized representative of the above-named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.   Pacific West Company Owner Signature Print Name Title   Packet Pg.1730 ORANGE STPALM AVEHIGHLAND AVE ^_ 16T H ST ORANGE STCITRUS ST PIEDMONT DR HIGHLAND AVESEINEAVE PALM AVECENTRAL AVEHEMLOCK D R PALM CREST DR PACIFIC ST ·|}þ330 ·|}þ210 CFD N O. 2018-1 (MAINTEN ANCE SERVICES)ANNEXATION NO. 7 PROJECT MAP Packet Pg.1731 Page 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Investment Portfolio Report for April and May 2022 (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for April and May 2022. Background The City’s Statement of Investment Policy requires that a monthly Investment Portfolio Report be prepared and submitted to the Mayor and City Council. The Director of Finance will prepare, review, and present the City’s Investment Portfolio Report and confirm that the portfolio is in compliance with the City’s Investment Policy. Discussion The Investment Portfolio Report provides a synopsis of investment activity for the City’s investment portfolio for the month ended April 30 and May 31, 2022. The City’s Investment Portfolio is in full compliance with the City’s current Investment Policy and California Government Code section 53601, and there is sufficient cash flow from a combination of liquid and maturing securities, bank deposits, and income to meet the City’s expenditure requirements. 2021-2025 Key Strategic Targets and Goals The acceptance and filing of the attached Investment Portfolio Report aligns with Key Target No. 1: Improved Operational & Financial Capacity by implementing, maintaining, and updating a fiscal accountability plan. Financial Impact There is no fiscal impact associated with receiving and filing the monthly investment report. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino,Packet Pg.1732 Page 2 California, accept and file the Monthly Investment Portfolio Report for April and May 2022. Attachments Attachment 1 Investment Portfolio Management Summary Report April 2022 Attachment 2 Investment Portfolio Management Summary Report May 2022 Ward: All Wards Synopsis of Previous Council Actions: N/A Packet Pg.1733 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1734 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1735 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1736 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1737 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1738 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1739 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1740 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1741 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1742 &nbsp;&nbsp;&nbsp;&nbsp;Packet Pg.&nbsp;1743 Packet Pg.1744 Packet Pg.1745 Packet Pg.1746 Packet Pg.1747 Packet Pg.1748 Packet Pg.1749 Packet Pg.1750 Packet Pg.1751 Packet Pg.1752 Packet Pg.1753 Page 1 3 0 2 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager By: Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Approval of Commercial and Payroll Disbursements (All Wards) Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May and June 2022. Background Completed commercial and payroll disbursement registers are submitted to the Mayor and City Council for approval. This happens on a regular basis, typically every meeting for the most recently completed disbursement registers. The detailed warrant registers are available on the City Website and are updated weekly by the Finance Department. The registers may be accessed by copying the following link into an internet browser: https://www.sbcity.org/city_hall/finance/warrant_register Discussion Gross Payroll Bi-Weekly for May 26, 2022 $2,488,032.71 Bi-Weekly for June 9, 2022 $2,530,533.71 Bi-Weekly for June 23, 2022 $2,527,233.86 Monthly for June 15, 2022 $11,666.69 Total Payroll D emands: $7,557,466.97 The following check registers are being presented for approval: May 19, 2022 2021/22 (Register #45)$1,547,193.30 May 26, 2022 2021/22 (Register #46)$3,190,645.71 June 2, 2022 2021/22 (Register #47)$1,298,918.80 June 9, 2022 2021/22 (Register #48)$913,385.02 June 16, 2022 2021/22 (Register #49)$1,761,978.06 June 26, 2022 2021/22 (Register #50)$1,971,778.58 Total commercial check demands:$10,683,899.47 The following Electronic Funds Transfer (EFT) registers presented for approval:Packet Pg.1754 Page 2 3 0 2 April 27 to Apri l 29, 2022 2021/22 (Regi ster #1296-#1301) $ 1,079,329.67 May 11, 2022 2021/22 (Regi ster #1302-#1305) $ 5,125.57 May 18 to May 19, 2022 2021/22 (Regi ster #1306-#1310) $ 1,161,147.81 May 26 to May 27, 2022 2021/22 (Regi ster #1311-#1314) $ 585,631.85 Total commercial EFT demands: $ 2,831,234.90 2021-2025 Key Strategic Targets and Goals Approval of the noted check and EFT registers for commercial and payroll disbursements align with Key Target No. 1: Improved Operational & Financial Capacity by creating a framework for spending decisions. Financial Impact Amounts noted in the disbursement registers have no further fiscal impact. Amounts were paid consistent with existing budget authorization and no further budgetary impact is required. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll disbursements for May and June 2022. Attachments Attachment 1 Payroll Summary Report for May-June 2022 Attachment 2 Commercial checks & Payroll Register #45 Attachment 3 Commercial checks & Payroll Register #46 Attachment 4 Commercial checks & Payroll Register #47 Attachment 5 Commercial checks & Payroll Register #48 Attachment 6 Commercial checks & Payroll Register #49 Attachment 7 Commercial checks & Payroll Register #50 Attachment 8 Commercial EFT Registers #1296-1301 Attachment 9 Commercial EFT Registers #1302-1305 Attachment 10 Commercial EFT Registers #1306-1310 Attachment 11 Commercial EFT Registers #1311-1314 Packet Pg.1755 Page 3 3 0 2 Ward: All Packet Pg.1756 Packet Pg.1757 Packet Pg.1758 Packet Pg.1759 Packet Pg.1760 Packet Pg.1761 Packet Pg.1762 Packet Pg.1763 Packet Pg.1764 Packet Pg.1765 Packet Pg.1766 Packet Pg.1767 Packet Pg.1768 Packet Pg.1769 Packet Pg.1770 Packet Pg.1771 Packet Pg.1772 Packet Pg.1773 Packet Pg.1774 Packet Pg.1775 Packet Pg.1776 Packet Pg.1777 Packet Pg.1778 Packet Pg.1779 Packet Pg.1780 Packet Pg.1781 Packet Pg.1782 Packet Pg.1783 Packet Pg.1784 Packet Pg.1785 Packet Pg.1786 Packet Pg.1787 Packet Pg.1788 Packet Pg.1789 Packet Pg.1790 Packet Pg.1791 Packet Pg.1792 Packet Pg.1793 Packet Pg.1794 Packet Pg.1795 Packet Pg.1796 Packet Pg.1797 Packet Pg.1798 Packet Pg.1799 Packet Pg.1800 Packet Pg.1801 Packet Pg.1802 Packet Pg.1803 Packet Pg.1804 Packet Pg.1805 Packet Pg.1806 Packet Pg.1807 Packet Pg.1808 Packet Pg.1809 Packet Pg.1810 Packet Pg.1811 Packet Pg.1812 Packet Pg.1813 Packet Pg.1814 Packet Pg.1815 Packet Pg.1816 Packet Pg.1817 Packet Pg.1818 Packet Pg.1819 Packet Pg.1820 Packet Pg.1821 Packet Pg.1822 Packet Pg.1823 Packet Pg.1824 Packet Pg.1825 Packet Pg.1826 Packet Pg.1827 Packet Pg.1828 Packet Pg.1829 Packet Pg.1830 Packet Pg.1831 Packet Pg.1832 Packet Pg.1833 Packet Pg.1834 Packet Pg.1835 Packet Pg.1836 Packet Pg.1837 Packet Pg.1838 Packet Pg.1839 Packet Pg.1840 Packet Pg.1841 Packet Pg.1842 Packet Pg.1843 Packet Pg.1844 Packet Pg.1845 Packet Pg.1846 Packet Pg.1847 Packet Pg.1848 Packet Pg.1849 Packet Pg.1850 Packet Pg.1851 Packet Pg.1852 Packet Pg.1853 Packet Pg.1854 Packet Pg.1855 Packet Pg.1856 Packet Pg.1857 Packet Pg.1858 Packet Pg.1859 Packet Pg.1860 Packet Pg.1861 Packet Pg.1862 Packet Pg.1863 Packet Pg.1864 Packet Pg.1865 Packet Pg.1866 Packet Pg.1867 Packet Pg.1868 Packet Pg.1869 Packet Pg.1870 Packet Pg.1871 Packet Pg.1872 Packet Pg.1873 Packet Pg.1874 Packet Pg.1875 Packet Pg.1876 Packet Pg.1877 Packet Pg.1878 Packet Pg.1879 Packet Pg.1880 Packet Pg.1881 Packet Pg.1882 Packet Pg.1883 Packet Pg.1884 Packet Pg.1885 Packet Pg.1886 3 4 1 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Darren Goodman, Chief of Police Department:Police Subject:Authorize the City Manager to Execute a Police Services Agreement with Dignity Health Corporation Recommendation Authorize the City Manager to execute the Proposed Fifth Amendment to the Agreement with Dignity Health Corporation for Police services at two locations. Background On December 20, 2017, Mayor and City Council adopted Resolution No. 2017-214, authorizing the City Manager to execute an agreement with Dignity Health Corporation and the City of San Bernardino Police Department, to provide police services to Community Hospital and St. Bernardine’s Hospital. The agreement stipulated Dignity Health would fund two full-time sworn Police Officer or Police Detective overtime positions, assigning a Police Officer in each emergency room, two days per week. A renewed agreement spanning January 1, 2019, to December 31, 2021, was executed on February 19, 2019, under Resolution No. 2018-245, and signed by then City Manager Andrea Miller. This agreement provided Dignity Health would fund two full- time sworn Police Officer positions, one at Community Hospital and one at St. Bernardine’s Hospital, Thursday through Sunday, 1400-2400 hours. This agreement expired on December 31, 2021; however, extensions (see attached amendments) were agreed upon until June 30, 2022. During the span of these contracts, officers have handled hundreds of incidents that would have traditionally required a police patrol response. The location of these officers has proven valuable to the San Packet Pg.1887 3 4 1 Bernardino Police Department, providing for more Police Officers to remain available for incidents throughout the City. Discussion Dignity Health is desirous of continuing a Policing Services Agreement until December 31, 2024, agreeing to continue funding the fully burdened rate of two full-time sworn Police Officer positions. Dignity Health funding will comprehensively include salary, benefit costs, and overtime costs. For FY 21/22, the expense to Dignity Health is $341,782 and increases to $365,490 by December 31, 2024. The proposed Fifth Amendment will accomplish these changes and will also clarify the City’s rights to assign personnel to these duties. 2021-2025 Strategic Targets and Goals The funding of these positions by Dignity Health is aligned with Key Target No.1: Financial Stability. The ability to “Secure a long-term revenue source,” aligns with this Agreement. Dignity Health will fund the positions for a period of 3 years, causing no fiscal impact to the City. This creates two Police Officer positions for police services. The request to renew an agreement with Dignity Health is aligned with Key Target No. 3: Improved Quality of Life. The constant evaluation of public safety services and the vessel for which it is provided, synthesizes to this agreement. Police Officers assigned to the emergency rooms, during peak hours, provides immediate police presence, for incidents traditionally requiring a police patrol response. These positions mitigate the necessity for a patrol officer to respond to an emergency room for policing service. Fiscal Impact Dignity Health is funding the fully burdened rate of the positions. There is no fiscal impact to the City. Conclusion Authorize the City Manager to execute the Proposed Fifth Amendment to the Agreement with Dignity Health Corporation for Police services at two locations. Attachments Attachment 1 Proposed Fifth Amendment dated July 1, 2022 Attachment 2 Fourth Amendment dated June 1, 2022 Attachment 3 Third Amendment dated May 1, 2022 Attachment 4 Second Amendment dated March 1, 2022 Attachment 5 First Amendment dated January 1, 2022 Attachment 6 Original Agreement dated January 1, 2019 Ward: Second Ward; Sixth Ward Packet Pg.1888 3 4 1 Synopsis of Previous Council Actions: February 19, 2019 The Mayor and City Council adopted Resolution No. 2019-8, to amend the adopted FY 2018/2019 Budget, to transfer funds to increase personnel and the authorization for then City Manager Andrea Miller, to sign an Agreement with Dignity Health Corporation. December 20, 2017 The Mayor and City Council adopted Resolution No. 2017-245, approving the authorization of the City Manager to execute an Agreement between Dignity Health and the City of San Bernardino Police Department. Packet Pg.1889 [210782]260768.1393453 Page 1 of 2 FIFTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT Neighborhood Policing Program Services THIS FIFTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (“Fifth Amendment”) is entered into effective July 1, 2022 (“Renewal Effective Date”), by and among Dignity Health, a California nonprofit public benefit corporation, d/b/a St. Bernardine Medical Center; Community Hospital of San Bernardino, a California nonprofit public benefit corporation; and City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department, amending that certain Independent Contractor Agreement entered into among the Parties effective January 1, 2019, as amended (collectively, the “Agreement”). THE PARTIES agree as follows: 1. The Parties amend Section E of the Key Informational Terms of the Agreement to read as follows: “Term. Notwithstanding the initial Effective Date and Expiration Date, this Agreement shall be renewed on the Renewal Effective Date set forth in the Fifth Amendment. This Agreement shall expire on December 31, 2024 (the “Expiration Date”).” 2. The Parties amend in full Part I (Terms and Conditions), Section 1.2 of the Agreement to read as follows: “Time and Manner of Performance. Contractor shall ensure that only fully qualified Personnel perform Services under this Agreement, and such Personnel shall perform Services diligently and in a timely manner, according to the highest applicable standards. Contractor shall select the Personnel to perform the Services under this Agreement. If Affiliate requests alternative Personnel to that selected by Contractor, the Parties agree to meet and confer in good faith.” 3. The Parties delete Part I, Section 1.7 (Health Screening and Immunization) of the Agreement. 4. The Parties delete the last dot point of Part II (Services and Fees), Section a (Description of Services), Subsection (2) of the Agreement. 5. The Parties amend Part II (Services and Fees), Section b (Fees), Subsection 3 of the Agreement to read as follows: “3. Overtime expenditures will be calculated at 1.5 times the specific Officer’s hourly salary, will be paid by Affiliate, and will be no greater than: Hourly Rate (with benefits) Overtime Hourly Rate Effective September 1, 2021 $82.16 $84.70 Effective July 1, 2022 $84.00 $88.66 Effective July 1, 2023 $85.90 $90.96 Effective July 1, 2024 $87.86 $93.30 6. All other terms and conditions of the Agreement remain unchanged, and except as expressly modified by this Fifth Amendment, the Agreement shall remain in full force and effect. This Fifth Amendment may be executed by the Parties in any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. [Signatures Follow] Packet Pg.1890 [210782]260768.1393453 Page 2 of 2 IN WITNESS WHEREOF, this Fifth Amendment has been executed by and on behalf of the Parties. AFFILIATE Dignity Health, a California nonprofit public benefit corporation, d/b/a St. Bernardine Medical Center Printed Name: Title: Date: CONTRACTOR City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department Printed Name: Title: Date: Community Hospital of San Bernardino, a California nonprofit public benefit corporation Printed Name: Title: Date: Packet Pg.1891 [210782]260093.1386911 Page 1 of 1 FOURTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT Neighborhood Policing Program Services THIS FOURTH AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (“Fourth Amendment”) is entered into effective June 1, 2022, by and among Dignity Health, a California nonprofit public benefit corporation, d/b/a St. Bernardine Medical Center; Community Hospital of San Bernardino, a California nonprofit public benefit corporation; and City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department, amending that certain Independent Contractor Agreement entered into among the Parties effective January 1, 2019, as amended (collectively, the “Agreement”). THE PARTIES agree as follows: 1. The Parties amend Section E of the Key Informational Terms of the Agreement to read as follows: “Term. Notwithstanding the initial Effective Date and Expiration Date, the term of this Agreement shall be extended to June 30, 2022 (the “Expiration Date”).” 2. All other terms and conditions of the Agreement remain unchanged, and except as expressly modified by this Fourth Amendment, the Agreement shall remain in full force and effect. This Fourth Amendment may be executed by the Parties in any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. IN WITNESS WHEREOF, this Fourth Amendment has been executed by and on behalf of the Parties. AFFILIATE Dignity Health, a California nonprofit public benefit corporation, d/b/a St. Bernardine Medical Center Printed Name: Title: Date: CONTRACTOR City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department Printed Name: Title: Date: Community Hospital of San Bernardino, a California nonprofit public benefit corporation Printed Name: Title: Date: City Manager Robert D. Field President June Collison President Douglas Kleam DocuSign Envelope ID: 6054021B-E8C8-48EA-AFD7-82AB3FF0E1A8 May 31, 2022 May 31, 2022 Packet Pg.1892 Certificate Of Completion Envelope Id: 6054021BE8C848EAAFD782AB3FF0E1A8 Status: Completed Subject: Please DocuSign: SBPD Extension Source Envelope: Document Pages: 1 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Corrina Sanchez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 2101 North Waterman Ave San Bernardino, CA 92404 corrina.sanchez@dignityhealth.org IP Address: 162.135.0.63 Record Tracking Status: Original 5/31/2022 3:30:58 PM Holder: Corrina Sanchez corrina.sanchez@dignityhealth.org Location: DocuSign Signer Events Signature Timestamp Douglas Kleam douglas.kleam@dignityhealth.org President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Signed by link sent to douglas.kleam@dignityhealth.org Using IP Address: 97.93.83.78 Signed using mobile Sent: 5/31/2022 4:11:13 PM Viewed: 5/31/2022 6:59:08 PM Signed: 5/31/2022 6:59:17 PM Electronic Record and Signature Disclosure: Accepted: 5/31/2022 6:59:08 PM ID: 1ffd1629-cbca-4c80-bff4-0d487059c7a7 June Collison june.collison@dignityhealth.org President Dignity Health SSRM Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Signed by link sent to june.collison@dignityhealth.org Using IP Address: 162.135.0.6 Sent: 5/31/2022 4:11:14 PM Viewed: 5/31/2022 4:13:41 PM Signed: 5/31/2022 4:20:27 PM Electronic Record and Signature Disclosure: Accepted: 8/31/2020 4:28:01 PM ID: bf728aa6-359a-4772-866d-6f53b68b340e In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Packet Pg.1893 Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/31/2022 4:11:14 PM Certified Delivered Security Checked 5/31/2022 4:13:41 PM Signing Complete Security Checked 5/31/2022 4:20:27 PM Completed Security Checked 5/31/2022 6:59:17 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure Packet Pg.1894 Consent to Electronic Signatures and Communications Under certain laws, Dignity Health (including its subsidiaries and affiliated entities and collectively referred to as “Dignity Health” in this Consent) is required to obtain your authorization and consent to obtain your electronic signature on documents related to your interactions with Dignity Health (the “Interactions”) and to receive electronically copies of such documents. As a result, we are providing this notice to you in order to obtain your agreement and consent to conduct our business with you electronically, including your consent to electronically sign documents arising from Interactions with Dignity Health and to confirm your consent to provide you with electronic copies of the same. Please note that we will not provide you with a paper copy of your documents, but we will email a copy to you and you may otherwise print or save a copy of these documents for your records. Scope of Your Consent An "electronic signature" may be clicking a check box, orally stating "I Agree", or otherwise taking any other action that indicates your agreement to and receipt of a document. By indicating your consent below, you are agreeing that any electronic signatures that you may provide are legally binding signatures with the full legal force of a handwritten signature, which does not need to be verified, validated or certified by any third party. By indicating your consent below you are also agreeing that we can send you and you will receive electronically disclosures, communications, notices, forms, applications, policies and modifications to the same, which we choose to provide you electronically, unless and until you withdraw your consent as set forth below. This Consent is voluntary and you may refuse to sign this Consent, but your ability to submit your request for services electronically will be restricted and potentially delayed. If you (1) do not wish to consent to electronic signatures in connection with the Services, (2) do not consent to the electronic submission and receipt of disclosures, communications, notices, forms, applications, policies and modifications related to the Services or (3) otherwise wish not to engage in electronic transactions, you may contact us at management.contract@dignityhealth.org for alternatives to submit your paperwork. In the event that we elect to discontinue the provision of any electronic communications or change the terms and conditions on which we provide electronic communications, we will provide you with any notice of such discontinuance or changes as required by law. Obtaining a Paper Copy Your copy of this Consent and all disclosures and communications related to this Consent, including documents in relation to the Service, will be sent and received electronically as set forth below. We reserve the right, but assume no obligation except as set forth in this Consent to provide a paper copy of any communication that you have authorized us to provide electronically. Electronic Record and Signature Disclosure created on: 8/26/2020 12:14:59 PM Parties agreed to: Douglas Kleam, June Collison Packet Pg.1895 You may save a paper copy of certain disclosures and communications by printing them. You may obtain additional paper copies by contacting us at: management.contract@dignityhealth.org. There will be no additional charge for obtaining paper copies. Accessing Your Electronic Records In order to receive documents electronically, you need a valid email address, Internet access and a computer that meets the following minimum hardware and software requirements. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. In addition, if you wish to print copies of your documents or otherwise retain your own soft copy, you will need to have a printer attached to the computer you are using or access to a hard drive or other electronic storage device, such as a hard drive or USB drive. By signing below, you are representing that you have access to the minimum requirements above. All communications and disclosures related to the Service provided to you electronically will be provided either via email or via download of a file that contains the electronic record Withdrawing Your Consent You may withdraw your consent to engage in electronic communications and transactions as described in this Consent at any time by contacting Dignity Health’s Supply and Service Resource Management Department at: management.contract@dignityhealth.org. Any withdrawal of consent will be effective only after we have a reasonable period of time for us to process your withdrawal. There is no charge for withdrawing your consent. However, in the event you withdraw your consent, you will not be able to receive electronically information and materials related to the Service. Withdrawing your consent does not invalidate any electronic signatures you have Packet Pg.1896 previously executed, which remain valid and enforceable as electronic signatures and you authorize us to continue to take action in reliance on such electronic signatures and the activities authorized by the same, unless and until you direct us otherwise. In addition, we have no obligation to provide you paper copies of documents that you previously consented to receive electronically, although you may request additional paper copies as set forth above. Updating Your Records In order to ensure that you will continue to receive electronic communications from us, you must notify us of any updates to your email address. You may update your electronic contact information that we have on file by contacting us at management.contract@dignityhealth.org. If you provide us with an invalid email address or your email address ceases to function, we may consider such occurrence as a withdrawal of your consent to receive electronic communications and transactions. Electronic Signature You understand that by signing this document, you are confirming your agreement to sign this Consent electronically. A copy of this consent will be made available to you via email. You will receive only an electronic copy of your signature to this Consent. You are also confirming your agreement to use electronic signatures and receive electronic communications and records from Dignity Health and that you have access to a computer that meets the minimum requirements previously mentioned. Your act of clicking “I Agree” below is your legally binding electronic signature and agreement to the above terms, consents and disclosures. If you agree, please check “I Agree”. If you do not agree, you may not proceed with the electronic application, but may contact us to alternatively submit your paperwork. Packet Pg.1897 Packet Pg.1898 [210782]256627.1359517 Page 1 of 1 SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT Neighborhood Policing Program Services THIS SECOND AMENDMENT TO INDEPENDENT CONTRACTOR AGREEMENT (“Second Amendment”) is entered into effective March 1, 2022, by and among Dignity Health, a California nonprofit public benefit corporation, d/b/a St. Bernardine Medical Center; Community Hospital of San Bernardino, a California nonprofit public benefit corporation; and City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department, amending that certain Independent Contractor Agreement entered into among the Parties effective January 1, 2019, as amended (collectively, the “Agreement”). THE PARTIES agree as follows: 1. The Parties amend Section E of the Key Informational Terms of the Agreement to read as follows: “Term. Notwithstanding the initial Effective Date and Expiration Date, the term of this Agreement shall be extended to April 30, 2022 (the “Expiration Date”).” 2. All other terms and conditions of the Agreement remain unchanged, and except as expressly modified by this Second Amendment, the Agreement shall remain in full force and effect. This Second Amendment may be executed by the Parties in any number of separate counterparts and all of said counterparts taken together shall be deemed to constitute one and the same instrument. Capitalized terms not otherwise defined herein shall have the meaning set forth in the Agreement. IN WITNESS WHEREOF, this Second Amendment has been executed by and on behalf of the Parties. AFFILIATE Dignity Health, a California nonprofit public benefit corporation, d/b/a St. Bernardine Medical Center Printed Name: Title: Date: CONTRACTOR City of San Bernardino, a charter city and municipal corporation, on behalf of the City of San Bernardino Police Department Printed Name: Title: Date: Community Hospital of San Bernardino, a California nonprofit public benefit corporation Printed Name: Title: Date: Packet Pg.1899 Dave Evans CFO Douglas Kleam President DocuSign Envelope ID: 7F301F8E-2667-4697-992F-F014AB7EBE19 Dec 28, 2021 Dec 27, 2021 Packet Pg.1900 Certificate Of Completion Envelope Id: 7F301F8E26674697992FF014AB7EBE19 Status: Completed Subject: Please DocuSign: SBPD MFIE Policing Agreement A1 PAS-210782-254294.pdf Source Envelope: Document Pages: 1 Signatures: 2 Envelope Originator: Certificate Pages: 5 Initials: 0 Corrina Sanchez AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 2101 North Waterman Ave San Bernardino, CA 92404 corrina.sanchez@dignityhealth.org IP Address: 162.135.0.60 Record Tracking Status: Original 12/27/2021 3:31:34 PM Holder: Corrina Sanchez corrina.sanchez@dignityhealth.org Location: DocuSign Signer Events Signature Timestamp Dave Evans dave.evans@dignityhealth.org Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 162.135.0.59 Sent: 12/27/2021 3:32:28 PM Viewed: 12/28/2021 11:14:18 AM Signed: 12/28/2021 11:14:20 AM Electronic Record and Signature Disclosure: Accepted: 9/25/2020 3:50:08 PM ID: eb4490a9-39fe-45c5-9b9e-69ebcf93407a Douglas Kleam douglas.kleam@dignityhealth.org President Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 76.86.196.151 Signed using mobile Sent: 12/27/2021 3:32:27 PM Viewed: 12/27/2021 3:40:58 PM Signed: 12/27/2021 3:41:09 PM Electronic Record and Signature Disclosure: Accepted: 12/27/2021 3:40:58 PM ID: 8713d1eb-fe4b-4e23-9d17-8aad38ce8624 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 12/27/2021 3:32:28 PM Certified Delivered Security Checked 12/27/2021 3:40:58 PM Packet Pg.1901 Envelope Summary Events Status Timestamps Signing Complete Security Checked 12/27/2021 3:41:09 PM Completed Security Checked 12/28/2021 11:14:20 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Packet Pg.1902 Consent to Electronic Signatures and Communications Under certain laws, Dignity Health (including its subsidiaries and affiliated entities and collectively referred to as “Dignity Health” in this Consent) is required to obtain your authorization and consent to obtain your electronic signature on documents related to your interactions with Dignity Health (the “Interactions”) and to receive electronically copies of such documents. As a result, we are providing this notice to you in order to obtain your agreement and consent to conduct our business with you electronically, including your consent to electronically sign documents arising from Interactions with Dignity Health and to confirm your consent to provide you with electronic copies of the same. Please note that we will not provide you with a paper copy of your documents, but we will email a copy to you and you may otherwise print or save a copy of these documents for your records. Scope of Your Consent An "electronic signature" may be clicking a check box, orally stating "I Agree", or otherwise taking any other action that indicates your agreement to and receipt of a document. By indicating your consent below, you are agreeing that any electronic signatures that you may provide are legally binding signatures with the full legal force of a handwritten signature, which does not need to be verified, validated or certified by any third party. By indicating your consent below you are also agreeing that we can send you and you will receive electronically disclosures, communications, notices, forms, applications, policies and modifications to the same, which we choose to provide you electronically, unless and until you withdraw your consent as set forth below. This Consent is voluntary and you may refuse to sign this Consent, but your ability to submit your request for services electronically will be restricted and potentially delayed. If you (1) do not wish to consent to electronic signatures in connection with the Services, (2) do not consent to the electronic submission and receipt of disclosures, communications, notices, forms, applications, policies and modifications related to the Services or (3) otherwise wish not to engage in electronic transactions, you may contact us at management.contract@dignityhealth.org for alternatives to submit your paperwork. In the event that we elect to discontinue the provision of any electronic communications or change the terms and conditions on which we provide electronic communications, we will provide you with any notice of such discontinuance or changes as required by law. Obtaining a Paper Copy Your copy of this Consent and all disclosures and communications related to this Consent, including documents in relation to the Service, will be sent and received electronically as set forth below. We reserve the right, but assume no obligation except as set forth in this Consent to provide a paper copy of any communication that you have authorized us to provide electronically. Electronic Record and Signature Disclosure created on: 8/26/2020 12:14:59 PM Parties agreed to: Dave Evans, Douglas Kleam Packet Pg.1903 You may save a paper copy of certain disclosures and communications by printing them. You may obtain additional paper copies by contacting us at: management.contract@dignityhealth.org. There will be no additional charge for obtaining paper copies. Accessing Your Electronic Records In order to receive documents electronically, you need a valid email address, Internet access and a computer that meets the following minimum hardware and software requirements. Required hardware and software Operating Systems: Windows® 2000, Windows® XP, Windows Vista®; Mac OS® X Browsers: Final release versions of Internet Explorer® 6.0 or above (Windows only); Mozilla Firefox 2.0 or above (Windows and Mac); Safari™ 3.0 or above (Mac only) PDF Reader: Acrobat® or similar software may be required to view and print PDF files Screen Resolution: 800 x 600 minimum Enabled Security Settings: Allow per session cookies ** These minimum requirements are subject to change. If these requirements change, you will be asked to re-accept the disclosure. Pre-release (e.g. beta) versions of operating systems and browsers are not supported. In addition, if you wish to print copies of your documents or otherwise retain your own soft copy, you will need to have a printer attached to the computer you are using or access to a hard drive or other electronic storage device, such as a hard drive or USB drive. By signing below, you are representing that you have access to the minimum requirements above. All communications and disclosures related to the Service provided to you electronically will be provided either via email or via download of a file that contains the electronic record Withdrawing Your Consent You may withdraw your consent to engage in electronic communications and transactions as described in this Consent at any time by contacting Dignity Health’s Supply and Service Resource Management Department at: management.contract@dignityhealth.org. Any withdrawal of consent will be effective only after we have a reasonable period of time for us to process your withdrawal. There is no charge for withdrawing your consent. However, in the event you withdraw your consent, you will not be able to receive electronically information and materials related to the Service. Withdrawing your consent does not invalidate any electronic signatures you have Packet Pg.1904 previously executed, which remain valid and enforceable as electronic signatures and you authorize us to continue to take action in reliance on such electronic signatures and the activities authorized by the same, unless and until you direct us otherwise. In addition, we have no obligation to provide you paper copies of documents that you previously consented to receive electronically, although you may request additional paper copies as set forth above. Updating Your Records In order to ensure that you will continue to receive electronic communications from us, you must notify us of any updates to your email address. You may update your electronic contact information that we have on file by contacting us at management.contract@dignityhealth.org. If you provide us with an invalid email address or your email address ceases to function, we may consider such occurrence as a withdrawal of your consent to receive electronic communications and transactions. Electronic Signature You understand that by signing this document, you are confirming your agreement to sign this Consent electronically. A copy of this consent will be made available to you via email. You will receive only an electronic copy of your signature to this Consent. You are also confirming your agreement to use electronic signatures and receive electronic communications and records from Dignity Health and that you have access to a computer that meets the minimum requirements previously mentioned. Your act of clicking “I Agree” below is your legally binding electronic signature and agreement to the above terms, consents and disclosures. If you agree, please check “I Agree”. If you do not agree, you may not proceed with the electronic application, but may contact us to alternatively submit your paperwork. Packet Pg.1905 INDEPENDENT CONTRACTOR AGREEMENT Neighborhood Policing Program Services THIS INDEPENDENT CONTRACTOR AGREEMENT ("Agreement") is made and entered into by and between the Dignity Health affiliated entities identified in the Key Infmmational Te1ms below (each and collectively, an "Affiliate" or "Hospital"), and the independent contractor identified in the Key Informational Terms below ("Contractor"). Contractor and Affiliate (each a "Party " and collectively the "Parties") agree as follows: KEY INFORMATIONAL TERMS A. Dignity Health Affiliate(s). Dignity Health, a California nonprofit public benefit corporation, doing business as St. Bernardine Medical Center Community Hospital of San Bernardino , a California nonprofit public benefit corporation State in which Affiliates are located : California ("State") C. Contractor's Name and Description. City of San Bernardino, a charter city and municipal corporation, on behalfofthe City of San Bernardino Police Department E . Term. This Agreement commences on January I, 2019 (the "Effective Date") and expires on December 31 , 2021 (the "Expiration Date"). G. Parts. This Agreement is comprised of the following parts: (i) Part I Dignity Health Terms and Conditions. (ii) Part II Services and Fees . (iii) Part III HIPAA Compliance. (iv) Part IV Insurance Requirements (210782]. l 097300 B. Affiliate Notice Address. St. Bernardine Medical Center 210 I North Waterman Avenue San Bernardino, California 92404 Community Hospital of San Bernardino 1805 Medical Center Drive San Bernardino, California 92411 Copy to: Dignity Health Legal Department 185 Berry Street, Suite 300 San Francisco, CA 94107 D. Contractor's Notice Address. 710 No1ih D Street San Bernardino, California 9240 I Copy to: City of San Bernardino 290 No1ih D Street San Bernardino, CA 92401 Attn : City Attorney F . Without Cause Termination. Number of days ' notice required for without cause termination: 180 H. HIP AA Terms and Conditions. As set forth in Paii llI HIP AA Compliance, the Parties agree that the following HIPAA Terms and Conditions apply to this Agreement: [:gj Contractor shall not have access to protected health information ("PHI") under this Agreement. D Contractor shall be treated as a member of Affiliate 's workforce for purposes ofHIPAA compliance. D Contractor shall be a business associate of Affiliate . Page 1 of 9 Packet Pg.1906 IN WITNESS WHEREOF, this Agreement has been executed by and on behalf of the Parties. AFFILIATE Dignity Health, a California nonprofit public benefit corporation, doing business as St. Bernardine Medical Center Community Hospital of San Bernardino, a California nonprofit public benefit corporation PrintedName:Oa AJ !d k\Jt\ k1S' Titlo \IP Ir~ Date : ·2-J 2-{)_____tj_ [210782]. l 097300 CONTRACTOR PrintedName: ANu1ZilA /'11t.t...l'Z/Z Title : _ _.:C=-c/=--...:...'-'/'----'-/11_.::_A_,_/,_;tt.....:6:::..:~ 1..::1 ..:..../=--{. ____ _ Date: :2. -If -I 2 Page 2 of9 Packet Pg.1907 Part I I NDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF) DIGNITY HEAL TH TERMS AND CONDITIONS 1. CONTRACTOR'S OBLIGATIONS 1.1 Services. Contractor and/or employees or agents of Contractor ("Personnef') shall perform the services set forth in Part II (the "Services") in accordance with the terms of this Agreement. 1.2 Time and Manner of Performance. Contractor shall ensure that only fully qualified Personnel perform Services under this Agreement, and such Personnel shall perform Services diligently and in a timely manner, according to the highest applicable standards. Affiliate reserves the right to refuse to use any Personnel assigned to provide Services under this Agreement and to have removed from its premises any Personnel. 1.3 Warranties. Contractor represents and warrants that: a . Contractor and Personnel , if applicable, have and shall maintain all licenses and certifications necessary to do business and perfonn the Services in the State . Contractor shall provide Affiliate with a copy of such l icense(s) upon request and shall promptly notify Affiliate in the event of any limitation or loss of such license(s) and certification (s ). b . Contractor represents and warrants that Contractor and Personnel are not and at no time have been excluded from partic ipating in Medicare, Medicaid , or any other Federal hea lthcare program, as defined at 42 U .S.C. Section l 320a-7b (f) (each , a " Federal Healthcare Program"). Contractor shall within 30 days prior to the Effective Date and no less than monthly thereafter check the OIG List of Excluded Contractors and the General Services Administration list of pa1iies excluded from participation in Federal Healthcare Programs to ensure that neither Contractor nor any P ersonne l appear on said lists. Contractor shall immediately notify Affiliate of any threatened or actual exclus ion from any Federal Healthcare Program . In the event that Contractor or any Personnel is excluded from participating in any Federal Healthcare Program, this Agreement shall automatically terminate as of the date of such exclusion (unless such Personnel is immediately removed from performing Services under this Agreement). Contractor shall indemnify and hold harmless Affil iate for, from , and against any and all claims, liabilities , losses , damages , penalties, and costs, including reasonable attorneys ' fees and costs, incurred by Affiliate arising directly or indirectly, out of any violati on of this Section by Contractor, or due to the exclusion of Contractor or any Personnel from any Federal Healthcare P ro gram . c . Contractor represents and warrants that prior to the Effective Date, Contractor conducted background screenings and Contractor and Personnel successfully passed in accordance with the standards required by L aw and consistent with the California Background Investigation Manual. Contractor shall provide proof of compliance with this Section prior to commencing Services and no less than annually thereafter. d . No doctor of medicine, osteopathy, podiatry, optometry, dentistry , or chiropractic (or any immediate fam il y member thereof) possesses any form of ownership or investment interest in Contractor. Contractor has no compensation arrangement with any of the aforementioned medical professionals that in any way varies based upon the value or volume of referrals or other business generated by such medical professional (or any immediate family member) to Affiliate. 1.4 Laws and Standards. Contractor shall comply with the following, as amended from time to time, to the extent applicable to the provision of Services under this Agreement: (a ) Affiliate 's corporate integrity program and any Dignity Health Corporate Integrity Agreement(s); (b) Dignity Health 's Standards of Conduct; (c) all appl icable federal, state, and local laws and regulations (collectively , "Laws"); and (d) the policies, procedures, and rules of Affiliate (the "Affiliate Rules"). 1.5 Medicare Records. To the extent required by Laws, Contractor shall make available, upon written request from Affiliate, the Secretary of Health and Human Services, the Comptroller General of the United States , or any other autho rized agency , this Agreement and Contractor's books, documents, and records ("Contractor 's Records"). Contractor shall preserve and make available Contractor's Records for a period of four years after the end of the term of this Agreement. If Contractor is requested to disclose Contractor's Records pursuant to this Section, Contracto r [210782]. l 097300 Page 3 of9 Packet Pg.1908 shall notify Affiliate of the nature and scope of such request, and Contractor shall make available to Affiliate all such Contractor's Records. 1.6 Use of Affiliate's Premises. Contractor shall not use any part of the Affiliate's premises as an office for private business. Contractor and Personnel shall only enter those areas of Affiliate 's facility that are necessary for the performance of Contractor's Services. 1. 7 Health Screening and Immuniz ation. If the provision of Services requires Contractor and/or Personnel to be present in patient care areas or to have direct contact with patients, Contractor, at Contractor's expense, shall assure that Contractor and all Personnel have met all health screening and immunization requirements in accordance with Affiliate's policies prior to providing Services . If applicable, Contactor shall provide written documentation of compliance with this Section prior to commencing Services and at least annually thereafter. 2. COMPENSATION 2 .1 Reports. Contractor shall submit to Affiliate, on a periodic basis, a report in a form reasonably acceptable to Affiliate that accurately documents Services provided by Contractor (the "Report'). 2.2 Pavment. Affiliate shall, within 30 days after receiving an undisputed Report, pay to Contractor the fees set forth in Part II for Services performed by Contractor. 2.3 Sole Compensation. Contractor agrees that the compensation, as specified above, is the sole and exclusive compensation for Services provided pursuant to this Agreement. 3. TERMINATION 3. I Termination Without Cause. Each Party may tetminate this Agreement without cause, expense, or penalty effective upon expiration of the number of days' prior written notice set forth in Section F of the Key Informational Terms above. 3 .2 Termination Upon Breach. Each Party may terminate this Agreement upon any breach by the other Party if such breach is not cured to the satisfaction of the non -breaching Party within 15 days after written notice of such breach is given by the non -breaching Party. 3.3 Effect of Termination or Expiration. Upon termination or expiration of this Agreement, all rights and obligations of the Parties shall cease except those rights and obligations that have accrued and remain unsatisfied prior to the date of termination or expiration, and those rights and obligations that expressly survive termination or expiration of this Agreement. The followi ng Sections of this Part I shall survive expiration or termination of the Agreement: 1.5 (Medicare Records), 4 (Protected Information), 5 (Insurance and Indemnification), 6.3 (Dispute Resolution), and 6.8 (Notices). 4. PROTECTED INFORMATION 4.1 HIPAA. Contractor shall comply with the HIPAA provision set forth in Part III. 4.2 Confidential Information. Contractor shall not use or disclose any Confidential Information (as defined below) for any purpose not expressly permitted by this Agreement without the prior written consent of Affiliate. Contractor shall protect Confidential Information from unauthorized use , access, or disclosure with no less than reasonable care. "Confidential Information" means any proprietary or confidential information of Affiliate or any other Dignity Health affiliate, any Affiliate patient's protected health infotmation , as defined by HIPAA, and any information, records , and proceedings of Affiliate and/or Medical Staff committees and peer review bodies. Confidential Information also includes proprietary or confidential information of any third party that may be in Affiliate 's possession . 4.3 Work Product. Contractor acknowledges and agrees that Affiliate shall have sole title to and exclusive ownership of all reports, deliverables, and other work product (collectively the "Work Product'). The Work Product shall be deemed a "work made for hire" as that term is defined under Section IO 1 of the U.S . Copyright Act and Affiliate shall be considered the person for whom the work was prepared for the purpose of determining authorship of any copyright in the Work Product. To the extent a Work Product is not a work made for hire under U.S law or any (2 I 0782]. l 097300 Page 4 of9 Packet Pg.1909 other jurisdiction, Contractor hereby assigns all right, title , and interest in the Work Product to Affiliate and retains no interest therein. Contractor agrees to execute any instruments requested by Affiliate during or after completion of the Services to (i) transfer to Affiliate any rights Contractor may retain in the Work Product, and (ii) enable Affiliate perfect its rights, title, and interest in the Work Product. For purposes of this section, police reports and other investigative documents completed by Officers during the course of their duties shall not be construed as Work Product. 5. INSURANCE AND INDEMNIFICATION 5.1 Insurance Requirements. Contractor shall comply with the insurance requirements set forth in Part JV of this Agreement. 5.2 Mutual Indemnification . Each Party shall indemnify and hold the other Party harmless for, from , and against any and all claims, liabilities, losses, damages, penalties, and costs, including reasonable attorneys' fees and costs , incurred by the indemnified Party and arising out of or resulting from the negligent or willful acts or omissions or breach of this Agreement by the indemnifying Party or the indemnifying Party's employees or agents. 6 . MISCELLANEOUS PROVISIONS 6.1 Assignment. Contractor may not assign Contractor's rights or obligations under this Agreement without Affiliate's prior written consent. 6.2 Counterparts, Signatures. This Agreement may be executed in multiple counterparts , each of which shall be deemed an original but all of which together shall constitute one and the same instrument. When signed in pen ink , this Agreement may be delivered by facsimile or by scanned email attachment, and said copies shall be treated as original. Amendments to this Agreement shall be similarly executed by the Parties. 6.3 Entire Agreement, Amendment. This Agreement is the entire understanding and agreement of the Parties regarding its subject matter, and supersedes any prior oral or written agreements, representations, or discussions between the Parties with respect to such subject matter. This Agreement may be amended only by mutual agreement set forth in writing, signed , and dated by the Parties. 6.4 Independent Contractor. The Parties shall at all times be independent contractors in performing under this Agreement. 6.5 No Conflicting Obligations. Contractor represents and warrants that it is not a party to any arrangement that may materially interfere with Contractor's obligations under this Agreement, and Contractor shall immediately notify Affiliate if Contractor becomes involved in any such arrangement. 6.6 Non-Discrimination. Contractor and Affiliate shall be in full compliance with Section 504 of the Rehabilitation Act of 1973, Titles VI and VII of the 1964 Civil Rights Act, and regulations issued pursuant thereto. Neither Contractor nor Affiliate shall differentiate or discriminate in the provision of services on any basis prohibited by Laws or Affiliate Rules. 6. 7 Notices. Notices under this Agreement shall be given in writing and delivered by either: (a) personal delivery , in which case such notice shall be deemed given on the date of delivery ; (b) next business day courier service (e .g., FedEx, UPS , or similar service), in which case such notice shall be deemed given on the business day following the date of deposit with the courier service; or (c) U.S. mail, first class, postage prepaid, registered or certified, return receipt requested , in which case such notice shall be deemed given on the third business day following the date of deposit with the United States Postal Service. Notices shall be delivered to the notice addresses set forth in the Key Information Terms above. 6.8 Referrals. Nothing in this Agreement or in any other written or oral agreement between Affiliate and Contractor contemplates or requires the admission or referral of any patients or business to Affiliate or any affiliate of Affiliate . 6.9 Waiver. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of such provision or any other provision. Any waiver granted by a Party must be in writing and shall apply solely to the specific instance expressly stated . [210782].1097300 Page 5 of9 Packet Pg.1910 6.10 Title 22 Compliance. If Affiliate is an acute care hospital located in California only: Without limiting the obligations of Contractor, Affiliate shall reta in administrative responsibility for its operation, as required by Title 22, California Code of Regulations, Section 70713. 6.11 California Non -resident Withholding. For Services rendered in California by nonresident Contractors only: Contractor shall, prior to commencing Services, complete all documentation requested by Affiliate in order to assist Affiliate's compliance with California tax withholding requirements, including California Revenue and Taxation Code Section 18662. Such documentation may include: (i) California Franchise Tax Board Fotm 587 (Nonresident Withholding Allocation Worksheet), or (ii) California Franchise Tax Board Form 590 (Withholding Exemption Certificate). Contractor shall be solely responsible for filing California tax returns and the satisfaction of any taxes due with respect to payments under this Agreement. Contractor acknowledges that Affiliate is entitled to rely on the certifications provided in Form 587 or Form 590 and hereby releases Affiliate from any liability with respect to any withholdings paid to the California Franchise Tax Board; except to the extent any withholdings are refunded to Affiliate. Contractor shall promptly notify Affiliate of the change of any reported facts that are part of Form 587 or Form 590 , and shall provide Affiliate with an updated Form. 6.12 Venue . This Agreement is governed by and is to be interpreted in accordance with the laws of the State of California without regard to any conflict of law provisions if and as applicable. Venue shall be in San Bernardino County or, if applicable, the Eastern Division of the Central District of California of the United States District Court. 6.13 Severabilitv. Each provision, term , condition, covenant and/or restriction, in whole and in part, of this Agreement shall be considered severable . ln the event any provision, term, condition , covenant and/or restriction, in whole and/or in part, of this Agreement is declared invalid , unconstitutional, or void for any reason , such provision or part thereof shall be severed from this Agreement and shall not affect any other provision, term , condition, covenant and /or restriction of this Agreement, and the remainder of the Agreement shall continue in full force and effect. 6 .14 Authority. The individuals executing this Agreement and the instruments referenced herein on behalf of the Parties each represent and warrant that they have the legal power, right, and actual authority to bind the applicable Party to the terms and conditions hereof and thereof. 6.15 Interpretation . The Parties acknowledge and agree that this Agreement is the product of mutual arms -length negotiations and accordingly, the rule of construction , which provides that the ambiguities in a document shall be construed against the drafter of that document, shall have no application to the interpretation and enforcement of this Agreement. Titles and captions are for convenience of reference only and do not define, describe , or limit the scope or the intent of the Agreement or any of its terms. References to section numbers are to sections in the Agreement unless expressly stated otherwise. 6.16 No Third Partv Beneficiaries. The Parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. 7. ADDITIONAL PROVISIONS 7.1 Contractor and the City of San Bernardino Police Department ("Police Department") shall obtain Hospital 's prior written consent of the text of any proposed publicity concerning the Neighborhood Policing Program ("Program") prior to the release of such publicity. Hospital may include information regarding this Program, including the amount and purpose of the Program, any photographs provided by Contractor or Police Department, its logo or trademark, or other information or materials about Police Department's organizations and activities, in Hospital 's periodic public reports , newsletters, and news releases as approved by the City of San Bernardino City Manager. 7.2 In addition to the obligations under this Agreement, at all times when performing services under the Program, police officers shall be subject to and required to comply with the rules and regulations of Police Department, including use of force. 7.3 The use of the Police Department or City of San Bernardino logo requires prior written approval by the Contractor. 7.4 All Police Department employees abide by the Law Enforcement Code of Ethics and all Police Department policies and procedures. (2 l 0782]. l 097300 Page 6 of9 Packet Pg.1911 Part II INDEPENDENT CONTRACTOR AGREEMENT SERVICES AND FEES a. Description of Services. Contractor shall cause the City of San Bernardino Police Department ("Pol ice Department") to provide the Services: (!) Program Goals . The goal of the Neighborhood Policing Program ("Program") is to imp lement a comprehensive facility policing program with Hospital. (2 ) Program Objectives and Deliverables. b . Fees. o Police Department shall provide two (2) full-time Officers such that one (I) full -time Officer will be stationed at each Hospital 's emergency department a minimum of four (4) days a week for a total of 40 hours weekly , Thursday through Sunday , at a timeframe to be mutuall y determ ined by the Parties . Officers will dedicate all of their time on the Hospital campuses in the emergency department waiting rooms or as otherwise mutually agreed upon by Hospital and Police Department. o Police Department will provide periodic training seminars to enhance personal safety and awareness as mutually agreed to by Police Department and each Hospital in writing. o Police Depaiiment will assist Hospitals ' security staff in providing police serv ices for the Hospitals' campuses and immediate area . o At Hospital 's reasonable request, Police Department shall promptly remove an Officer providing services under this Program and replace him or her with another Officer reasonab ly acceptable to Hospital. I. Affil iate agrees to compensate Contractor in the amount not to exceed $200 ,000 annually per full - time Officer, which amount shall include any overtime expenditures. The compensation per full - time Officer will be based on the seniority level of the Officer who provides the Services and wi ll be billed quarterly. 2 . Contractor shall invoice Affiliate on a fiscal year quarter basis (itemized by month). The compensation billed quarterly shall be prorated based on the number of days this Agreement is in effect in the case of any partial month or fiscal year quarter at the beginning or the end of the term of this Agreement. The first three (3) month fiscal year quarter shall commence on January 1, 2019 and continue through March 31, 2019 . Contractor shall only invoice Affiliate for any applicable pro -rata period for a partial fiscal year quarter. Contractor shall submit an invoice to Affiliate at the end of each fiscal year quarter or applicable pro -rata period. 3 . Any overtime expenditures that are directly related to the Services must be approved in advance by Affiliate . Such overtime expenditures will be calculated at 1.5 times the specific Officer's hourly salary, will be paid by Affiliate, and will be no greater than· Hourly Rate Overtime Hourly Rate Effective August I , 20 18 $53 .21 $79.81 Effective August 1, 2019 $55.02 $82 .53 Effective August 1, 2020 $56 .90 $85.35 c. Reasonable Expenses. Affiliate shall reimburse Contractor for: (a) reasonable and necessary business expenses incurred in connection with the performance of the Services if: (i) Affiliate approves the expenses in writing, in advance; (ii ) the expenses relate directly to Contractor's performance of Services ; (iii ) the expenses meet the requirements for reimbursement under the Affiliate Rules ; and (iv ) Contractor subm its receipts to Affiliate within 60 days of incurring the expenses. [210782]. l 097300 Page 7 of 9 Packet Pg.1912 Part III INDEPENDENT CONTRACTOR AGREEMENT (NON -CLINICAL LF) HIPAA COMPLIANCE "Hf PAA" means the Health Insurance Portability and Accountability Act of 1996 (Public Law 104-191 ), Title XIII of the American Recovery and Reinvestment Act of 2009 (Public Law 111 -005) and the rules , guidance and regulations promulgated thereunder, as amended from time to time, including 45 Code of Federal Regulations, Parts 160 and 164. NO ACCESS TO PHI The Parties acknowledge and agree that Contractor and Personnel shall neither have nor require access to or use of any of Affiliate's Sensitive Information (defined below) or protected health information ("PHI"), as such term is defined under HIPAA, for purposes of Contractor meeting its obligations hereunder. Accordingly , the Parties agree that neither Contractor nor Personnel shall have access to or use of any Sensitive Infotmation or PHI. Any action by Contractor or Personnel to access Sensitive Information or PHI shall be a material breach of this Agreement. To the extent that Contractor and Personnel receive any personal information from patients, including Sensitive Information or PHI, Contractor and Personnel shall treat such information as strictly confidential and shall not disclose such information (other than as required by law) to any third patiy. Contractor shall be solely liable for any violations of privacy laws by Contractor and Personnel. "Sensitive Information" includes any information in any form that identifies, relates to, describes, or is capable of being associated with a particular individual and that is not generally available to the public, such as social security number, employee identification number, tax identification number, passport number, driver's license or state identification card number, insurance policy number, employment histoty, bank account number, credit card number, debit card number or any financial information. The terms of this Part ITI shall survive termination or expiration of this Agreement. [210782]. l 097300 Page 8 of9 Packet Pg.1913 Part IV INDEPENDENT CONTRACTOR AGREEMENT (NON-CLINICAL LF) INSURANCE REQUIREMENTS Contractor shall obtain and continuously maintain during the term hereof and for not less than three (3) years following the Expiration Date or earlier termination of this Agreement the following insurance coverages naming Contractor and Personnel as named insureds: a) Commercial and general liability insurance with a limit of not less than $1 ,000 ,000 per occurrence and $3 ,000 ,000 annual aggregate. b) Workers' Compensation insurance, as required by Laws . c) Employer 's liability insurance with a limit of not less than $1 ,000 ,000 for each occurrence . d) Business automobile liability insurance covering hired, owned and non -owned vehicles used to provide Services under the Agreement, if applicable, with a limit of not less than $1 ,000 ,000 for each occurrence . e) Errors and omissions insurance with a limit ofnot less than $1 ,000 ,000 per occurrence and $3,000,000 annual aggregate . Contractor shall provide Affiliate with certificates of insurance prior to the Effective Date and as of each annual renewal during the term of this Agreement. In the event of any modification , termination , expiration, non -renewal o r cancellation of any of such insurance policy, Contractor shall give written notice thereof to Affiliate not more than ten ( l 0) days following Contractor's receipt of such notification . Contractor may meet the obligations of this Part IV by being self-insured. [210782] .1097300 Page 9 of9 Packet Pg.1914 3 7 2 CONSENT CALENDAR City of San Bernardino Request for Council Action Date: To: From: Department: Subject: July 20, 2022 Honorable Mayor and City Council Members Robert D. Field, City Manager; Darren Goodman, Chief of Police Police Acceptance of 2020 and 2021 JAG Grants Recommendation Adopt Resolution No. 2022-147 of the Mayor and City Council of the City of San Bernardino, California, authorizing the acceptance of the 2020 and 2021 Edward Byrne Justice Assistance Grants and increasing the FY2022/23 Adopted Budget grant revenue and expenditures $379,025. Background The San Bernardino Police Department receives formulary grant funds from the Edward Byrne Memorial Justice Assistance Grant (JAG) as a sub-recipient of the County of San Bernardino. The last grant received was the 2016 award in the amount of $154,574. In 2017 the federal government-imposed conditions on federal grant funds awarded to local law enforcement requiring immigration enforcement. In August 2017 the Attorney General challenged this ruling. City and county agencies delayed acceptance of their annual awards until the lawsuits concluded which did not occur until 2019. Annual grant applications were submitted, and allocations determined by the Department of Justice, but all federal funding was delayed for 2017, 2018, 2019, 2021, and 2021. In 2022 the grant funds became available for spending. Grant funding is allocated on a formula that includes population and a three-year average of reported violent crime for each jurisdiction. The City of San Bernardino has been designated as a disparate jurisdiction, which is defined as a city receiving one- and-one half the County allocation. Packet Pg.1915 3 7 2 The County of San Bernardino serves as the grant administrator and fiscal agent for the JAG program funds and charges each jurisdiction a 5% administrative fee. Below is a table illustrating the City’s allocation and award amounts, as well as the County’s 5% Administrative fees and grant periods. JAG grants are cash grants paid in advance and there are no matching funds required by this grant. Year Total Allocation Administrative Fees City Award Amount 2020 $184,334 $9,217 $175,117 2021 $214,640 $10,732 $203,908 Discussion The San Bernardino Police Department submitted projects for both the 2020 and 2021 JAG grants and those projects involved the purchase of additional patrol vehicles. Due to the delay in the release of 2020 and 2021 JAG funds for spending, the Police Department funded the purchase of vehicles through other sources, freeing the grant allocation for 2020 and 2021 to be used for the purchase of equipment and services that will better serve the current needs of the department. 2021-2025 Strategic Targets and Goals The request to authorize the receipt, obligation and expenditure of the 2020 and 2021 Edward Byrne Memorial Justice Assistance Grants aligns with Goal No. 1. Financial Stability: Implement, maintain, and update a fiscal accountability plan. Fiscal Impact The fiscal impact to the City is a budget amendment of $379,025 to revenue and expenditures in the FY2022/23 adopted budget. Grant account numbers to be established after approval of this item. There is no match requirement for this grant. Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2022-147, authorizing the acceptance of the 2020 and 2021 Edward Byrne Justice Assistance Grants and increasing the FY2022/23 Adopted Budget grant revenue and expenditures $379,025. Attachments Attachment 1 Resolution No. 2022-147; Exhibit A - 2020 JAG Agreement; Exhibit B - 2021 JAG Agreement Packet Pg.1916 3 7 2 Ward All Wards Synopsis of Previous Council Actions On 9/20/20, the Mayor and City Council adopted Resolution No. 2020-220, accepting the 2017, 2018, and 2019 JAG grants in the total amount of $533,314. On 11/7/16 the Mayor and City Council adopted Resolution No. 2016-230, authorizing acceptance of the FY 2016/17 JAG grant in the amount of $154,574. On 5/2/16, the Mayor and City Council adopted Resolution No. 2016-87, authorizing acceptance of the FY 2015/16 JAG grant in the amount of $136,504. On 6/16/14, the Mayor and City Council adopted Resolution No. 2014-170, authorizing the acceptance of the FY 14/15 JAG grant in the amount of $142,943. On 8/5/2013, the Mayor and City Council adopted Resolution No. 2013-230, authorizing the acceptance of the FY 13/14 JAG grant in the amount of $130,007. On 5/7/2012, the Mayor and City Council adopted Resolution No. 2012-75, authorizing the acceptance of the FY 12/13 JAG grant in the amount of $136,168. Packet Pg.1917 Resolution No. 2022-147 Resolution 2022-147 July 20, 2022 Page 1 of 3 2 2 2 RESOLUTION NO. 2022-147 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE 2020 AND 2021 EDWARD BYRNE JUSTICE ASSISTANCE GRANTS AND INCREASING THE FY2022/23 ADOPTED BUDGET GRANT REVENUE AND EXPENDITURES $379,025. WHEREAS, the City of San Bernardino is a sub-recipient to the County of San Bernardino for the Edward Byrne Memorial Justice Assistance Grant and; WHEREAS, the City of San Bernardino’s combined allocation of Justice Assistance Grant funds for fiscal years 2020 and 2021 is $379,025. 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 authorized to execute the 2020, and 2021 Sub Award Grant Agreements for the Edward Byrne Memorial Justice Assistance Grant Program between the City of San Bernardino and County of San Bernardino attached hereto, marked Exhibit “A”, and Exhibit “B” and by this reference made a part thereof. SECTION 3. The Director of Finance is hereby authorized and directed to appropriate revenue and expenditures of and to incorporate the changes in the FY2022/23 Adopted Budget. SECTION 4.That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. Packet Pg.1918 Resolution No. 2022-147 Resolution 2022-147 July 20, 2022 Page 2 of 3 4 0 5 2 2 2 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.1919 Resolution No. 2022-147 Resolution 2022-147 July 20, 2022 Page 3 of 3 4 0 5 2 2 2 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. 2022-147, adopted at a regular meeting held on the 20th day of July 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, Acting City Clerk Packet Pg.1920 Packet Pg.1921 Packet Pg.1922 Packet Pg.1923 Packet Pg.1924 Packet Pg.1925 Packet Pg.1926 Packet Pg.1927 Packet Pg.1928 Packet Pg.1929 Packet Pg.1930 Packet Pg.1931 Packet Pg.1932 Packet Pg.1933 Packet Pg.1934 Packet Pg.1935 Packet Pg.1936 Packet Pg.1937 Packet Pg.1938 Packet Pg.1939 Packet Pg.1940 Packet Pg.1941 Packet Pg.1942 Packet Pg.1943 Packet Pg.1944 Packet Pg.1945 Packet Pg.1946 Packet Pg.1947 Packet Pg.1948 Packet Pg.1949 Packet Pg.1950 Packet Pg.1951 Packet Pg.1952 Packet Pg.1953 Packet Pg.1954 Packet Pg.1955 Packet Pg.1956 Packet Pg.1957 Packet Pg.1958 3 7 6 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Community Facilities District No. 2020-1 (Rancho Palma) Special Tax Bonds, Series 2022 Recommendation Adopt Resolution No. 2022-148 of the Mayor and City Council of the City of San Bernardino, California, authorizing the issuance of, not to exceed $5,000,000, aggregate principal amount of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino Special Tax Bonds, Series 2022, appointing Fiscal Agent, approving forms of the Fiscal Agent Agreement, Purchase Contract and Continuing Disclosure Certificate, approving the form Preliminary Official Statement and authorizing preparation of Final Official Statement and authorizing certain City staff to negotiate the terms of the sale of the Bonds. Background The City Council formed the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California” (“CFD No. 2020-1”) on August 5, 2020, under the provisions of the Mello-Roos Community Facilities Act of 1982 (the “Act”), which authorizes CFDs to levy special taxes (the “Special Taxes”) to pay for the costs of certain public facilities, including the Facilities, and to issue bonds payable from the Special Taxes. In 2020, the City Council authorized the sale of up to $5 million in bonds. In accordance therewith, CFD No. 2020-1 now intends to issue its Special Tax Bonds, Series 2022 (the “Series 2022 Bonds”), secured by the Special Taxes levied on 17.68 net taxable acres which upon build out will consist of 119 single family homes within the boundaries of CFD No. 2020-1. The City Council action proposed approves the sale and issuance of up to $5 million in CFD No. 2020-1 Special Tax Bonds and approves forms of related documents including the Preliminary Official Statement, Packet Pg.1959 3 7 6 Fiscal Agent Agreement, Bond Purchase Agreement, and other related documents. The bond sale is proposed for the week of August 1, 2022, and a bond closing at the end of August. The Series 2022 Bonds will be sold by the City to finance the City Facilities and repaid over a term of 30 years in approximately equal annual payments. In addition to bond debt service, Special Taxes will be levied to pay for annual administration of the Series 2022 Bonds by CFD No. 2020-1. TH Rancho Palma, LLC, the Developer, is a Delaware limited liability company (“TH Rancho Palma”). TH Rancho Palma acquired the property in the District on April 2, 2020. As of May 1, 2022, 53 of the 119 planned single family lots had been completed and conveyed to individual homeowners. Of the remaining 66 homes, TH Rancho Palma owned six completed model homes (none of which were in escrow), 12 homes which were over 95% completed (all of which were in escrow), 28 homes under construction (all of which were in escrow) and 20 finished lots (with no lots in escrow). Since May 1, an additional 12 homes have been conveyed to homeowners. The sole member and manager of TH Rancho Palma is Trumark Homes LLC, a California limited liability company (“Trumark Homes”). Trumark Homes is managing the development and construction of the homes within the District. Trumark Homes develops and constructs office, retail, mixed-use, industrial facilities and residential homes in California and Colorado. The Rancho Palma Project is located in the Verdemont Community of San Bernardino north of Little League Drive and east of Magnolia Avenue. City Facilities authorized to be financed from Bond proceeds consist of water system facilities, including capacity in existing facilities, and sewer system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements as well as incidental expenses related to the planning, design and completion of such facilities. The CFD 2020-1 contains approximately 28 gross acres or approximately 17.68 net taxable acres, located in the southwestern portion of the County and in the northwestern portion of the City. Specifically, the District is located at the northeast corner of Little League Drive and Magnolia Avenue, north of Interstate 215, in the Verdemont neighborhood of the City. The District encompasses Tract Map No. 20006 (the “Property”) and is planned for 119 single family homes at buildout. The development within the District consists of two product lines called “Navarra” and “Rioja.” The Navarra neighborhood is planned to consist of 64 single family homes, including three model homes (“Plan 1,” “Plan 2,” and “Plan 3”) and will be built in 10 phases. The Rioja neighborhood is planned to consist of 55 single family homes, including three model homes (“Plan 4,” “Plan 5,” and “Plan 6”) and will be built in nine phases. As of May 1, 2022, the date of value of the appraisal of CFD No. 2020-1, a total of 53 of the 119 planned single family lots have been completed and conveyed to individual homeowners. Of the remaining 66 homes, TH Rancho Palma owned six completed model homes (none of which were in escrow), 12 homes, which were over 95% Packet Pg.1960 3 7 6 completed (all of which were in escrow), 28 homes under construction but less than 95% completed (all of which were in escrow) and 20 finished lots without any vertical construction thereon (with no lots in escrow). Development has continued since the appraisal was completed, with 71 completed homes, 65 of which are owned by individual owners and 6 by TH Rancho Palma, 34 homes are under construction, and there are 14 finished lots. Discussion For CFD No. 2020-1, it is proposed that bonds be sold to generate approximately $3.480 million in bond proceeds, depending on bond market conditions at time of sale. The bond sale is expected to occur the week of August 1, 2022, with a closing by the end of August 2022. Bond proceeds will be used to fund approximately $3 million in reimbursements for public improvements and public facilities fees paid by the Developer, fund a one-year bond reserve fund, and fund costs of bond issuance, including a fee to cover City staff time spent towards issuing the Series 2022 Bonds. The term of the Series 2022 Bonds will be 30 years and debt service is expected to not exceed $220,000 per year. The bond true interest rate, depending on bond market condition at time of sale, is expected to be approximately 5%. The Series 2022 Bonds will be sold by CFD No. 2020-1 through a negotiated sale. Hilltop Securities is the proposed bond underwriter procured by the City following an RFP process earlier this year. The Series 2022 Bonds will be non-rated as development related CFD bonds like Series 2022 Bonds do not qualify for investment grade bond ratings from Standard and Poor’s, Moody’s or any major bond rating agencies even though sufficient CFD special taxes can now be levied against fully developed homes to cover annual debt service. In the future, once all the homes have been developed and sold, an investment grade bond rating may be possible. In May of 2022, the City retained Kitty Siino & Associates, Inc., an experienced MAI appraiser and qualified appraiser of CFD projects, following an RFP process, which has valued the property subject to the CFD No. 2020-1 Special Taxes. The appraised value of the properties in CFD No. 2020-1 totals $47,976,884 and will in aggregate exceed the amount of Series 2022 Bonds issued by a factor of 13.79 (the appraised value exceeds the amount of the bonds by 13.79 times). This is known as the value to lien ratio. Annual special taxes are expected range between $1,880 and $2,525 per home depending on home size. Home values are appraised between $520,000 and $604,000. In accordance with the Local Goals and Policies for all Community Facilities Districts of the City of San Bernardino, the total tax burden on the homes will be under 2% of assessed value. The property values become significant in the event a property owner fails to pay special taxes and it becomes necessary to initiate foreclosure proceedings in order to obtain payment of special taxes to pay bond debt service. In the bond Fiscal Agent Agreement, the City has covenanted to initiate property foreclosure proceedings in the event of a failure to pay the special taxes by the following October 1st of each year. This covenant is required in order for investors to buy the bonds. The Special Tax lien Packet Pg.1961 3 7 6 is co-equal in priority to general property taxes and is senior to any mortgages. Property owners can prepay their respective share of CFD No. 2020-1 Special Taxes on any interest payment date. The CFD No. 2020-1 Bonds will also be subject to early redemption for refinancing or special tax prepayment. The Series 2022 Bonds will have a maximum allowable funded bond reserve fund equal to maximum annual bond debt service to help cover delinquencies. The CFD law allows the City to raise CFD taxes on each home by up to 10% to cover delinquencies. Buyers of homes in CFD No. 2020- 1 have, and will, receive detailed disclosure notices related to CFD 2020-1 regarding the terms of the special taxes levied on their homes and its impact on their property tax bill. The City will be required to annually calculate the special taxes necessary to pay bond debt service and pay annual administrative costs. The City CFD Administrator, Spicer Consulting Group LLC will place the special tax amounts on the County property tax roll annually. Once the City collects the taxes, the funds will be sent to the Fiscal Agent to make interest and principal payments on the bonds. The City together with the Fiscal Agent will also manage the bond reserve fund to apply any investment earnings to the related bond debt service. If there are property owners who are delinquent in their payment, as referenced above, the City will be required to initiate foreclosure actions. The City CFD Administrator will monitor and take any required actions. Any costs associated with administering the CFD will come from the Administrative Expense account funded by the special taxes set up for such purposes. CFD No. 2020-1 bond and disclosure counsel, Best Best & Krieger (who also serves as City Attorney), has prepared a Preliminary Official Statement to be approved by the City and provided to investors. A substantially final draft is attached as part of this Staff Report together with the Fiscal Agent Agreement, Bond Purchase Contract, and other legal documents related to the sale and issuance of the Bonds. The Preliminary Bond Official Statement will disclose information about the CFD and will describe the risks associated with the bonds to investors. The final Bond Official Statement will be available after the bond sale and will be delivered to investors. Neither the City nor CFD No. 2020-1 has any obligation to pay debt service on the bonds in the event of default or non-payment of CFD 2020-1 Special Taxes by property owners. 2021-2025 Key Strategic Targets and Goals The issuance of Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino Special Tax Bonds will meet Key Target No.1b: Improved Operational & Financial Stability, Continue to seek opportunities to secure long-term revenue sources, by securing a revenue source for the Community Facilities District. This project will also contribute to ensuring that the City is clean and attractive and provide infrastructure designed for long-term economic growth, contributing to Key Targets 3.d., Improved Quality of Life, Improve the City’s appearance, cleanliness and attractiveness, and 4. Economic Growth & Development. Fiscal Impact There is no direct fiscal impact to the City as a result of CFD No. 2020-1 issuing the Packet Pg.1962 3 7 6 bonds. All costs associated with administering the CFD will come from CFD funds. Conclusion It is recommended the Mayor and City Council approve Resolution No. 2022-148 authorizing the issuance of, not to exceed $5,000,000, aggregate principal amount of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino Special Tax Bonds, Series 2022, appointing Fiscal Agent, approving forms of the Fiscal Agent Agreement, Purchase Contract and Continuing Disclosure Certificate, approving the form Preliminary Official Statement and authorizing preparation of Final Official Statement and authorizing certain City staff to negotiate the terms of the sale of the Bonds. Attachments Attachment 1 Resolution No. 2022-148 Authorizing Special Revenue Bonds Attachment 2 Fiscal Agent Agreement Attachment 3 Bond Purchase Agreement Attachment 4 Preliminary Official Statement Ward Fifth Ward Synopsis of Previous Council Actions: N/A Packet Pg.1963 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 1 of 10 3 5 6 RESOLUTION NO. 2022-148 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE ISSUANCE OF BONDS OF COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA DESIGNATED 2022 SPECIAL TAX BONDS, APPOINTING FISCAL AGENT, APPROVING FISCAL AGENT AGREEMENT AND PURCHASE CONTRACT AND AUTHORIZING NEGOTIATION OF TERMS OF THE SALE OF SAID BONDS, APPROVING PRELIMINARY OFFICIAL STATEMENT AND AUTHORIZING PREPARATION OF FINAL OFFICIAL STATEMENT AND APPROVING CONTINUING DISCLOSURE CERTIFICATE WHEREAS, Community Facilities District 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”) was established on August 5, 2020 by adoption by the City Council (the “City Council”) of the City of San Bernardino (the “City”) of Resolution No. 2020-195; and WHEREAS, on August 5, 2020, the City Council also adopted Resolution No. 2020-196 determining the necessity for the District to incur bonded indebtedness in an aggregate principal amount not to exceed $5,000,000; and WHEREAS, on August 5, 2020, consolidated special elections were held within the District and there was submitted to the qualified voters of the District, among other propositions, the proposition of whether a bonded indebtedness in an aggregate principal amount not to exceed $5,000,000 should be incurred by and for the District for the purpose of financing certain public facilities for the benefit of the District (the “Facilities”), and more than two-thirds of the votes cast in said consolidated special elections were cast in favor of incurring such bonded indebtedness, and the District was thereby authorized to issue bonds in an aggregate principal amount not to exceed $5,000,000 for the purposes set forth in said proposition; and WHEREAS, the City Council has determined that it is necessary that bonds of the District designated “Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds” be issued in an aggregate principal amount which shall not exceed $5,000,000 (the “Bonds”) to finance a portion of the costs of the acquisition or construction of the Facilities; and WHEREAS, payment of the principal of and interest on the Bonds will be secured by special taxes to be levied on parcels of taxable property in the District (the “Special Taxes”); and Packet Pg.1964 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 2 of 10 3 5 6 WHEREAS, pursuant to Section 53345.8 of the California Government Code, the City Council, as the legislative body of the District, may sell bonds of the District only if it determines prior to the sale of such bonds that the value of the real property that would be subject to the Special Tax to pay debt service on the bonds will be at least three (3) times the principal amount of the bonds to be sold and the principal amount of all other bonds outstanding that are secured by a special tax levied pursuant to the Mello-Roos Community Facilities Act of 1982 (Section 53311, et seq., of the California Government Code) on property within the District or a special assessment levied on property within the District; and WHEREAS, the appraised value of the taxable property within the District, based upon the appraisal prepared by Kitty Siino & Associates, Inc. (the “Appraiser”), and as set forth in the report of the Appraiser dated June 23, 2022 (the “Appraisal”), is $47,976,884 as of May 1, 2022; and WHEREAS, if the Bonds are issued and sold in an aggregate principal amount that does not exceed $5,000,000, the appraised value of the taxable property in the District, as set forth in the Appraisal, will be more than three (3) times such principal amount of the Bonds, and there are no other special tax or assessment bonds of the District; and WHEREAS, there has been presented to the City Council a form of Purchase Contract (the “Purchase Contract”) whereby Hilltop Securities, Inc. (the “Underwriter”) has offered to purchase the Bonds from the City, and a form of Preliminary Official Statement relating to the Bonds; and WHEREAS, there has also been presented to the City Council a form of Fiscal Agent Agreement (the “Fiscal Agent Agreement”) with respect to the Bonds to be executed and delivered by the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”), whereby the Fiscal Agent will authenticate and deliver the Bonds and perform certain other duties; and WHEREAS, there has also been presented to the City Council a form of Continuing Disclosure Certificate to be executed and delivered by the City, for the benefit of the owners of the Bonds and in order to assist the Underwriter in complying with Rule 15c2-12(b)(5) of the Securities and Exchange Commission, as amended (the “Rule”); and WHEREAS, the City Council has considered the forms of the Fiscal Agent Agreement, the Continuing Disclosure Certificate, the Purchase Contract and the Preliminary Official Statement and has determined that it is in the best interest of the owners of property in and the future residents of the District that the City Council authorize the issuance and sale of the Bonds and the execution and delivery of said agreements and approve and authorize the distribution of the Preliminary Official Statement subject to the conditions hereinafter contained; and WHEREAS, Section 5852.1 of the Government Code of the State of California (“Section 5852.1”) provides that the City Council obtain from an underwriter, financial advisor or private Packet Pg.1965 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 3 of 10 3 5 6 lender and disclose, in a meeting open to the public, prior to authorization of the issuance of the Bonds, good faith estimates of: (a) the true interest cost of the Bonds, (b) the finance charge of the Bonds, meaning the sum of all fees and charges paid to third parties, (c) the amount of proceeds of the Bonds received less the finance charge described above and any reserves or capitalized interest paid or funded with proceeds of the Bonds and (d) the sum total of all debt service payments on the Bonds calculated to the final maturity of the Bonds plus the fees and charges paid to third parties not paid with the proceeds of the Bonds; and WHEREAS, in accordance with Section 5852.1, the City Council has obtained such good faith estimates from Columbia Capital Management, LLC, the City’s municipal advisor (the “Municipal Advisor”), and such estimates are disclosed in Exhibit A attached hereto; and WHEREAS, the City Council wishes at this time to authorize all proceedings relating to the issuance and sale of the Bonds and all other agreements and documents relating thereto. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Findings. The City Council finds (a) that the preceding recitals are true and correct, (b) that the sale of the Bonds at private sale, without advertising for bids, will result in a lower overall cost to the District, and (c) that if the Bonds are issued and sold in an aggregate principal amount that does not exceed $5,000,000, the value of the parcels of real property within the District which will be subject to the levy of the Special Taxes to pay the principal of and interest on the Bonds, based on the appraised value of such parcels as determined by the Appraiser and as set forth in the Appraisal, i.e., $47,976,884, will be more than three (3) times the principal amount of such Bonds and all other outstanding bonds that are secured by special taxes that are to be levied on such parcels or special assessments that have been levied on such parcels. SECTION 2. Authorization of the Issuance of the Bonds. The City Council authorizes the issuance and sale of the Bonds in an aggregate principal amount which shall not exceed $5,000,000. The Mayor, the Mayor Pro Tem, the City Manager and the Finance Director (each an “Authorized Representative”) are each authorized and directed to take all steps and actions which are necessary to accomplish the issuance, sale and delivery of the Bonds pursuant to the authorization given by and the conditions specified in this resolution. The Mayor and the City Clerk of the City are authorized to execute the Bonds for and on behalf of the City and the District by their manual or facsimile signatures. The Bonds shall be dated as of their date of delivery pursuant to the Purchase Contract. SECTION 3. Approval of Fiscal Agent Agreement. The form of Fiscal Agent Agreement which provides generally for (i) the authentication and delivery by the Fiscal Agent of the Bonds, (ii) the establishment and administration by the Fiscal Agent of certain funds and accounts for the benefit of the City and the owners of the Bonds, (iii) the payment by the Fiscal Agent of the principal of and interest on the Bonds from the Special Tax Revenues (as defined therein), and (iv) Packet Pg.1966 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 4 of 10 3 5 6 the performance of other duties by the Fiscal Agent, is approved in the form provided to the City Council 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 Fiscal Agent Agreement with respect to the Bonds. SECTION 4. Approval of Preliminary Official Statement; Preparation of Final Official Statement. The Preliminary Official Statement is approved, and the Authorized Representatives are each individually authorized to consent to and assist in the preparation of such modifications thereto as may be specified by Best Best & Krieger LLP, bond counsel and disclosure counsel to the City (“Bond Counsel”), and the Municipal Advisor. The Authorized Representatives are each individually authorized to determine, with the assistance of Bond Counsel and the Municipal Advisor when the Preliminary Official Statement is to be deemed final within the meaning of the Rule and to deliver a certificate to that effect to the Underwriter. The Underwriter is authorized to distribute the Preliminary Official Statement as approved hereby, or as modified with the consent of the City Manager or the Finance Director, or to prospective purchasers of the Bonds. The Authorized Representatives and the Municipal Advisor are each authorized to participate in the preparation of the Final Official Statement, based on the Preliminary Official Statement, and such modifications thereto as may be agreed to by Bond Counsel, the Municipal Advisor and the Underwriter. The Authorized Representatives are each authorized to sign the Final Official Statement on behalf of the City and the District. SECTION 5. Appointment of Professionals. The City Council hereby authorizes and approves the following professionals to provide services in connection with the issuance of the Bonds: (a) Fiscal Agent. U.S. Bank Trust Company, National Association is appointed as Fiscal Agent pursuant to the Fiscal Agent Agreement and to take any and all action provided therein to be taken by the Fiscal Agent; (b) Municipal Advisor. Columbia Capital Management, LLC is hereby appointed to provide municipal advisory services; (c) Bond Counsel and Disclosure Counsel. Best Best & Krieger LLP is hereby appointed as bond and disclosure counsel in connection with the issuance of the Bonds; and (d) Special Tax Consultant. Spicer Consulting Group, LLC is hereby appointed as Special Tax Consultant in connection with the issuance of the Bonds. SECTION 6. Sale of Bonds; Purchase Contract. The City Council approves and authorizes the issuance and sale of the Bonds by negotiation with the Underwriter pursuant to the Purchase Contract between the City and the Underwriter in the form presented to the City Council at the meeting at which this resolution is adopted, together with any changes therein or additions thereto which are deemed advisable by the Authorized Representatives upon consultation with Packet Pg.1967 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 5 of 10 3 5 6 Bond Counsel and the Municipal Advisor. The Authorized Representatives are each authorized and directed to execute and deliver the final form of the Purchase Contract on behalf of the City and the District upon the submission of an offer by the Underwriter to purchase the Bonds, which offer is acceptable to the City Manager and is consistent with the requirements of this resolution; provided that the true interest cost on the Bonds shall not exceed six percent (6.00%) the Underwriter’s discount for the purchase of the Bonds shall not be greater than one and half percent (1.5%) (exclusive of original issue discount) of the aggregate principal amount of the Bonds; and the last maturity of the Bonds shall be paid and redeemed no later than September 1, 2052. When the City Manager has negotiated the Purchase Contract with the Underwriter within the parameters specified above and when the other terms and conditions of the Purchase Contract are satisfactory to the City Manager or the Finance Director or Deputy Finance Director and Bond Counsel, the City Manager or the Finance Director or Deputy Finance Director is authorized to execute and deliver the Purchase Contract to the Underwriter on behalf of the City and the District. SECTION 7. Accountability Measures. Pursuant to Section 53410 of the California Government Code, the issuance of and sale of the Bonds is subject to the following accountability measures: (a) The proceeds of the Bonds shall be applied only for the specific purposes identified in the propositions regarding the authorization of the District incurring bonded indebtedness which the qualified electors of the District approved in the election held on August 5, 2020; (b) Except as otherwise provided in the Fiscal Agent Agreement, the proceeds of the sale of the Bonds shall be deposited in the funds and accounts established pursuant to the Fiscal Agent Agreement and the proceeds deposited in each such fund or account shall be expended as provided in the Fiscal Agent Agreement with respect to each such fund or account; and (c) The Finance Director or Deputy Finance Director shall file a report with the City Council at least once in each calendar year, beginning in 2023, which shall contain the information required by Section 53411 of the California Government Code with respect to the expenditure of the proceeds of the sale of the Bonds and the status of the construction and acquisition of the public facilities comprising the Project (as defined in the Fiscal Agent Agreement). SECTION 8. Findings Regarding the Levy and Rates of Special Taxes. The City Council finds that the City will covenant in the Fiscal Agent Agreement, for the benefit of the owners of the Bonds, that it will not initiate proceedings under the Mello-Roos Community Facilities Act of 1982 to reduce the Maximum Special Tax rates on then existing Developed Property (as defined in the Fiscal Agent Agreement) in the District below the amounts which are necessary to provide Special Tax Revenues in an amount equal to estimated Administrative Expenses for the then current Fiscal Year plus an amount equal to one hundred ten percent (110%) of Maximum Annual Packet Pg.1968 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 6 of 10 3 5 6 Debt Service on the Outstanding Bonds. The City Council further finds and determines that any reduction or limitation of the Special Tax rates below the Maximum Rates would interfere with the timely retirement of the Bonds. SECTION 9. Approval of Continuing Disclosure Certificate. The Continuing Disclosure Certificate is approved in the form submitted to the City Council at the meeting at which this resolution is adopted, and the City Manager or the Finance Director or Deputy Finance Director is authorized to execute and deliver said certificate on behalf of the City. SECTION 10. Modifications. The approval of the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Purchase Contract given by this resolution shall apply to any modification or amendment of any of said agreements which is agreed upon and approved by Bond Counsel, the Municipal Advisor and the City Manager or the Finance Director or Deputy Finance Director as being necessary to carry out the provisions thereof and the authorization and direction provided in this resolution. SECTION 11. Further Action. The Authorized Representatives are authorized to take any and all action which is directed by Bond Counsel with respect to the execution and delivery of the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Purchase Contract 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 12. Conditions of Approval. The approvals, authorization and direction given by this resolution are conditioned upon the satisfaction of the requirements of Section 6 hereof with respect to the issuance and sale of the Bonds. The officers of the City designated above shall not take any action with respect to the execution and delivery of the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Purchase Contract or the issuance, sale and delivery of the Bonds unless and until such conditions are satisfied; provided, however, that upon satisfaction of such conditions, this resolution shall be fully effective and shall be carried out by such officers without further approval or action of the City Council. The approvals, authorization and direction provided by this resolution shall continue, subject to the satisfaction of such conditions, until December 31, 2022, and the Bonds may be sold, and the Bonds, the Fiscal Agent Agreement, the Continuing Disclosure Certificate, the Purchase Contract, the Preliminary Official Statement and the Final Official Statement may be dated, entered into, executed and delivered or distributed, as appropriate, on any date selected by the Authorized Representatives and the Municipal Advisor and the Underwriter prior to said date. SECTION 13. 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 14. Effective Date. This Resolution shall become effective immediately. Packet Pg.1969 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 7 of 10 3 5 6 APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this 20th day of July, 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia R. Carvalho, City Attorney Packet Pg.1970 Resolution No. 2022-148 Resolution 2022-148 July 20, 2022 Page 8 of 10 3 5 6 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO ) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-148, adopted at a regular meeting held on the 20th day of July, 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ ______ ______ _______ _______ IBARRA ______ ______ _______ _______ FIGUEROA ______ ______ _______ _______ SHORETT ______ ______ _______ _______ REYNOSO ______ ______ _______ _______ CALVIN ______ ______ _______ _______ ALEXANDER ______ ______ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ____ day of _______________, 2022. __________________________________ Genoveva Rocha, CMC, City Clerk Packet Pg.1971 Resolution No. 2022-___ Resolution 2022-XXX July 20, 2022 Page 9 of 10 EXHIBIT A GOOD FAITH ESTIMATES The good faith estimates set forth herein are provided with respect to the Bonds in accordance with California Government Code Section 5852.1. Such good faith estimates have been provided to the City by the Municipal Advisor in consultation with the Underwriter. Principal Amount. The Municipal Advisor has informed the City that, based on the financing plan and current market conditions, it’s good faith estimate of the aggregate principal amount of the Bonds to be sold is $3,280,000 (the “Estimated Principal Amount”), which excludes approximately $42,080.45 of net premium estimated to be generated based on current market conditions. Net premium is generated when, on a net aggregate basis for a single issuance of bonds, the price paid for such bonds is higher than the face value of the bonds. True Interest Cost of the Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the true interest cost of the 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 Bonds, is 4.957%. Finance Charge of the Bonds. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the finance charge for the Bonds, which means the sum of all fees and charges paid to third parties (or costs associated with the Bonds), is $267,734.40. Amount of Proceeds to be Received. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the amount of proceeds expected to be received by the City, on behalf of the District, for the sale of the Bonds, less the finance charge of the Bonds, as estimated above, and any reserves or capitalized interest paid or funded with proceeds of the Bonds, is $2,837,846.05. Total Payment Amount. The Municipal Advisor has informed the City that, assuming that the Estimated Principal Amount of the Bonds is sold, and based on market interest rates prevailing at the time of preparation of such estimate, its good faith estimate of the total payment amount, which means the sum total of all payments the District will make to pay debt service on the Bonds, plus the finance charge for the Bonds, as described above, not paid with the proceeds of the Bonds, calculated to the final maturity of the Bonds, is $6,413,926.26 (excluding any offsets from reserves or capitalized interest). The foregoing estimates constitute good faith estimates only. The actual principal amount of the 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 Packet Pg.1972 Resolution No. 2022-___ Resolution 2022-XXX July 20, 2022 Page 10 of 10 such good faith estimates due to (a) the actual date of the sale of the Bonds being different than the date assumed for purposes of such estimates, (b) the actual principal amount of Bonds sold being different from the Estimated Principal Amount, (c) the actual amortization of the 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 Bonds being different than those estimated for purposes of such estimates, (e) other market conditions, or (f) alterations in the financing plan or finance charges, or a combination of such factors. The actual date of sale of the Bonds and the actual principal amount of Bonds sold will be determined by the City, on behalf of the District, based on the timing of the need for proceeds of the Bonds and other factors. The actual interest rates borne by the Bonds will depend on market interest rates at the time of sale thereof. The actual amortization of the Bonds will also depend, in part, on market interest rates at the time of sale thereof. Market interest rates are affected by economic and other factors beyond the control of the City. Packet Pg.1973 55600.00915\34953569.2 ___________________________________________________________________________ FISCAL AGENT AGREEMENT by and between THE CITY OF SAN BERNARDINO and U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION as Fiscal Agent Dated as of _________ 1, 2022 Relating to Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino State of California $___________ 2022 Special Tax Bonds ___________________________________________________________________________ Packet Pg.1974 55600.00915\34953569.2 TABLE OF CONTENTS Page i ARTICLE I AUTHORITY AND DEFINITIONS...................................................................2 Section 1.01. Authority for this Agreement........................................................................2 Section 1.02. Agreement for Benefit of Owners ................................................................2 Section 1.03. Definitions ....................................................................................................2 ARTICLE II THE BONDS......................................................................................................13 Section 2.01. Principal Amount; Designation ..................................................................13 Section 2.02. Terms of Bonds...........................................................................................13 Section 2.03. Redemption.................................................................................................14 Section 2.04. Form of Bonds............................................................................................17 Section 2.05. Execution of Bonds.....................................................................................17 Section 2.06. Transfer of Bonds.......................................................................................17 Section 2.07. Exchange of Bonds.....................................................................................18 Section 2.08. Bond Register .............................................................................................18 Section 2.09. Temporary Bonds .......................................................................................18 Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen ..............................................18 Section 2.11. Special Obligation ......................................................................................19 Section 2.12. Book-Entry .................................................................................................19 Section 2.13. Parity Bonds................................................................................................20 ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS; IMPROVEMENT FUND; SPECIAL TAX FUND; ADMINISTRATIVE EXPENSE FUND; COSTS OF ISSUANCE FUND .........................................21 Section 3.01. Issuance and Delivery of Bonds.................................................................21 Section 3.02. Application of Proceeds of Sale of Bonds..................................................21 Section 3.03. Improvement Fund......................................................................................21 Section 3.04. Special Tax Fund........................................................................................22 Section 3.05. Administrative Expense Fund.....................................................................23 Section 3.06. Costs of Issuance Fund...............................................................................24 ARTICLE IV SPECIAL TAX REVENUES; BOND FUND; RESERVE FUND ...................24 Section 4.01. Pledge of Special Tax Revenues.................................................................24 Section 4.02. Bond Fund. .................................................................................................25 Section 4.03. Reserve Fund..............................................................................................27 ARTICLE V OTHER COVENANTS OF THE CITY............................................................28 Section 5.01. Punctual Payment .......................................................................................28 Section 5.02. Special Obligation ......................................................................................28 Section 5.03. Extension of Time for Payment..................................................................28 Section 5.04. Against Encumbrances ...............................................................................29 Section 5.05. Books and Accounts...................................................................................29 Section 5.06. Protection of Security and Rights of Owners.............................................29 Section 5.07. Collection of Special Tax Revenues...........................................................29 Packet Pg.1975 55600.00915\34953569.2 TABLE OF CONTENTS (continued) Page ii Section 5.08. Levy of Special Taxes for Administrative Expenses..................................30 Section 5.09. Further Assurances .....................................................................................30 Section 5.10. Tax Covenants............................................................................................31 Section 5.11. Covenant to Foreclose ................................................................................31 Section 5.12. Prepayment of Special Taxes......................................................................31 Section 5.13. Calculation of Prepayments........................................................................32 Section 5.14. Continuing Disclosure................................................................................32 Section 5.15. Accountability Measures............................................................................32 ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE CITY...............................................................................32 Section 6.01. Deposit and Investment of Moneys in Funds.............................................32 Section 6.02. Rebate Fund; Rebate to the United States ..................................................33 Section 6.03. Liability of City ..........................................................................................34 Section 6.04. Employment of Agents by City..................................................................34 ARTICLE VII THE FISCAL AGENT.......................................................................................35 Section 7.01. Appointment of Fiscal Agent......................................................................35 Section 7.02. Liability of Fiscal Agent.............................................................................35 Section 7.03. Information.................................................................................................37 Section 7.04. Notice to Fiscal Agent................................................................................37 Section 7.05. Compensation, Indemnification..................................................................38 Section 7.06. Books and Accounts...................................................................................38 ARTICLE VIII MODIFICATION OR AMENDMENT OF THIS AGREEMENT ...................38 Section 8.01. Amendments Permitted. .............................................................................38 Section 8.02. Owners’ Meetings.......................................................................................39 Section 8.03. Procedure for Amendment with Written Consent of Owners ....................40 Section 8.04. Disqualified Bonds .....................................................................................40 Section 8.05. Effect of Supplemental Agreement ............................................................41 Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments ..........41 Section 8.07. Amendatory Endorsement of Bonds...........................................................41 ARTICLE IX EVENTS OF DEFAULT AND REMEDIES.....................................................41 Section 9.01. Events of Default........................................................................................41 Section 9.02. Remedies of Owners...................................................................................42 Section 9.03. Application of Special Taxes and Other Funds After Default....................42 Section 9.04. Restoration of Positions..............................................................................42 Section 9.05. Rights and Remedies Cumulative...............................................................43 Section 9.06. Delay or Omission Not Waiver ..................................................................43 ARTICLE X MISCELLANEOUS...........................................................................................43 Section 10.01. Benefits of Agreement Limited to Parties................................................43 Packet Pg.1976 55600.00915\34953569.2 TABLE OF CONTENTS (continued) Page iii Section 10.02. Successor is Deemed Included in All References to Predecessor............43 Section 10.03. Discharge of Agreement...........................................................................43 Section 10.04. Execution of Documents and Proof of Ownership by Owners.................44 Section 10.05. Waiver of Personal Liability.....................................................................45 Section 10.06. Notices to and Demands on City and Fiscal Agent..................................45 Section 10.07. Partial Invalidity .......................................................................................45 Section 10.08. Unclaimed Moneys...................................................................................45 Section 10.09. Applicable Law.........................................................................................45 Section 10.10. Conflict with Act ......................................................................................46 Section 10.11. Conclusive Evidence of Regularity..........................................................46 Section 10.12. Payment on Business Day ........................................................................46 Section 10.13. Counterparts..............................................................................................46 EXHIBIT A – FORM OF BOND ..............................................................................................A-1 Packet Pg.1977 55600.00915\34953569.2 1 FISCAL AGENT AGREEMENT THIS FISCAL AGENT AGREEMENT (the “Agreement”) is made and entered into as of _________ 1, 2022, by and between the City of San Bernardino, a charter city duly established under its charter and the laws of the State of California (the “City”), for and on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), and U.S. Bank Trust Company, National Association, a national banking association organized and existing under the laws of the United States of America, as fiscal agent (the “Fiscal Agent”). W I T N E S S E T H: WHEREAS, the City Council of the City (the “City Council”) has established the District pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Act”); and WHEREAS, the District is authorized to incur bonded indebtedness and issue bonds in the aggregate principal amount of $5,000,000 for the purpose of financing the construction and acquisition of certain public facilities and the City Council has determined that it is necessary that bonds of the District be issued and sold in the aggregate principal amount of $___________ for the purpose of financing the construction and acquisition of the public facilities which are hereinafter identified as the Project; and WHEREAS, on ____________, 2022, the City Council adopted Resolution No. 2022-___ (the “Resolution”) authorizing the issuance and sale of Bonds pursuant to this Agreement, designated “Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds” (the “Bonds”) for the purpose of financing the construction and acquisition of such public facilities, or to reimburse the costs thereof; and WHEREAS, it is in the public interest and for the benefit of the District, the City, the persons responsible for the payment of special taxes and the owners of the Bonds that the City enter into this Agreement to provide for the issuance of the Bonds, the disbursement of proceeds of the Bonds, the disposition of the special taxes securing the Bonds, and the administration and payment of the Bonds; and WHEREAS, all things necessary to cause the Bonds, when executed by the City and authenticated by the Fiscal Agent for the District and issued as in the Act, the Resolution (as hereinafter defined) and this Agreement provided, to be legal, valid and binding special obligations of the District in accordance with their terms, and all things necessary to cause the authorization, execution and delivery of this Agreement and the authorization, execution, authentication and delivery of the Bonds, subject to the terms hereof, have in all respects been duly authorized; NOW, THEREFORE, in consideration of the covenants and provisions herein set forth and for other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as follows: Packet Pg.1978 55600.00915\34953569.2 2 ARTICLE I AUTHORITY AND DEFINITIONS Section 1.01. Authority for this Agreement. This Agreement is entered into pursuant to the provisions of the Act and the Resolution. Section 1.02. Agreement for Benefit of Owners. The provisions, covenants and agreements herein set forth to be performed by or on behalf of the City and/or the District shall be for the equal benefit, protection and security of the Owners. All of the Bonds, without regard to the time or times of their issuance or maturity, shall be of equal rank without preference, priority or distinction of any of the Bonds over any other thereof, except as expressly provided in or permitted by this Agreement. The Fiscal Agent may become the owner of any of the Bonds with the same rights it would have if it were not Fiscal Agent. Section 1.03. Definitions. Unless the context otherwise requires, the terms defined in this Section 1.03 shall, for all purposes of this Agreement, of any Supplemental Agreement, and of any certificate, opinion or other document herein mentioned, have the meanings herein specified. All references herein to “Articles,” “Sections” and other subdivisions are to the corresponding Articles, Sections or subdivisions of this Agreement, and the words “herein,” “hereof,” “hereunder” and other words of similar import refer to this Agreement as a whole and not to any particular Article, Section or subdivision hereof. “Act” means the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code. “Administrative Expenses” means any or all of the following: the fees and expenses of the Fiscal Agent (including any fees or expenses of its counsel), the expenses of the City in carrying out its duties hereunder (including, but not limited to, the levying and collection of the Special Taxes) including the fees and expenses of its counsel, an allocable share of the salaries of City staff directly related thereto and a proportionate amount of City general administrative overhead related thereto, any amounts paid by the City from its general funds pursuant to Section 6.02 hereof, the fees and expenses of the Municipal Advisor, and the Special Tax Consultant, the costs of the District, the City or any designee of either thereof of complying with the arbitrage rebate requirements; the costs to the District, the City or any designee of either thereof of complying with the District, City or obligated persons disclosure requirements associated with applicable federal and state securities laws and of the Act; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the District, or City, or any designee of either thereof related to an appeal of the Special Tax; the costs associated with the release of funds from an escrow account; and the District’s annual administration fee and third party expenses; and all other costs and expenses of the City or the Fiscal Agent incurred in connection with the discharge of their respective duties hereunder and, in the case of the City, in any way related to the administration of the District. “Administrative Expense Fund” means the fund by that name established by Section 3.05(A) hereof. Packet Pg.1979 55600.00915\34953569.2 3 “Agreement” means this Fiscal Agent Agreement, as it may be amended or supplemented form time to time by any Supplemental Agreement adopted pursuant to the provisions hereof. “Annual Debt Service” means, for each Bond Year, the sum of (i) the interest due on the Outstanding Bonds in such Bond Year, assuming that the Outstanding Bonds are retired as scheduled, and (ii) the principal amount of the Outstanding Bonds scheduled to be paid. “Appraisal” means the appraisal of the estimated market values of the properties within the District prepared by Kitty Siino & Associates, Inc. dated June 23, 2022. “Auditor” means the Auditor-Controller of the County of San Bernardino. “Authorized Officer” means the Mayor, the Mayor Pro Tem, the City Manager or Finance Director, or Deputy Finance Director or any officer or employee of the City authorized by the City Council or by an Authorized Officer to undertake the action referenced in this Agreement as required to be undertaken by an Authorized Officer. “Bond Counsel” means any attorney or firm of attorneys acceptable to the City and nationally recognized for expertise in rendering opinions as to the legality and tax-exempt status of securities issued by public entities. “Bond Fund” means the fund by that name established by Section 4.02(A) hereof. “Bond Year” means the period beginning on the Closing Date and ending on September 1, 2022 and thereafter the period beginning on each September 2 and ending on the following September 1. “Bonds” means, unless otherwise expressly provided, the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds authorized by and at any time Outstanding pursuant to the Act and this Agreement. “Business Day” means any day other than (i) a Saturday or a Sunday or (ii) a day on which banking institutions in the State of California or in any state in which the Fiscal Agent has its Principal Office are authorized or obligated by law or executive order to be closed. “City” means the City of San Bernardino. “City Council” means the City Council of the City. “Closing Date” means the date upon which there is an exchange of the Bonds for the proceeds representing payment of the purchase price of the Bonds by the Original Purchaser. “Code” means the Internal Revenue Code of 1986, as amended. “Continuing Disclosure Certificate” means the Continuing Disclosure Certificate of the City, dated as of _________ 1, 2022, as originally executed by the City and as it may be amended from time to time in accordance with the terms thereof. Packet Pg.1980 55600.00915\34953569.2 4 “Costs of Issuance” means items of expense payable or reimbursable directly or indirectly by the City and related to the authorization, sale and issuance of the Bonds, which items of expense shall include, but not be limited to, printing costs, costs of reproducing and binding documents, including but not limited to the preliminary official statement and official statement regarding the Bonds, closing costs, filing and recording fees, premiums for any reserve fund, surety bond or bond insurance policy, initial fees and charges of the Fiscal Agent including its first annual administration fee and the fees of its counsel, expenses incurred by the City in connection with the issuance of the Bonds and the establishment of the District, Bond (underwriter’s) discount, legal fees and charges, including the fees of Bond Counsel and counsel to the Underwriter, Municipal Advisor’s fees, charges for authentication, transportation and safekeeping of the Bonds and other costs, charges and fees in connection with the foregoing. “Costs of Issuance Fund” means the fund by that name established by Section 3.06(A) hereof. “Debt Service” means the amount of interest and principal payable on the Bonds scheduled to be paid during the period of computation, excluding amounts payable during such period which relate to principal of the Bonds which are scheduled to be retired and paid before the beginning of such period. “Defeasance Securities” means, for purposes of Section 10.03(C) hereof, the following: (i) United States Treasury Certificates, Notes and Bonds (including State and Local Government Series - “SLGs”); (ii) Direct obligations of the United States Treasury which have been stripped by the Treasury itself, CATS, TIGRS and similar securities; (iii) Resolution Funding Corporation (REFCORP) obligations; provided that only the interest component of REFCORP strips which have been stripped by request of the Federal Reserve Bank of New York in book-entry form are acceptable; (iv) Pre-refunded municipal bonds rated “Aaa” by Moody’s and “AAA” by Standard & Poor’s; provided, however, that if the issue is only rated by Standard & Poor’s (i.e., there is no Moody’s rating), then the pre-refunded bonds must have been pre-refunded with cash, direct United States or United States guaranteed obligations, or “AAA” rated pre-refunded municipal bonds; and (v) Obligations issued by the following agencies which are backed by the full faith and credit of the United States of America: (a) U.S. Export-Import Bank Direct obligations or fully guaranteed certificates of beneficial ownership (b) Farmers Home Administration Certificates of beneficial ownership (c) Federal Financing Bank Packet Pg.1981 55600.00915\34953569.2 5 (d) General Services Administration Participation certificates (e) United States Maritime Administration Guaranteed Title XI financing (f) United States Department of Housing and Urban Development Project notes Local Authority Bonds New Communities Debentures - United States government guaranteed debentures United States Public Housing Notes and Bonds - United States government guaranteed public housing notes and bonds. “District” means Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California. “Event of Default” shall mean any one or more of the events described in Section 9.1 hereof. “Federal Securities” means any of the following which at the time of investment are legal investments under the laws of the State of California for the moneys proposed to be invested therein: (i) Cash; and (ii) Direct general obligations of (including obligations issued or held in book entry form on the books of the Department of the Treasury of the United States of America and CATS and TIGRS), or obligations, the payment of principal of and interest on which is unconditionally guaranteed by the United States of America. “Fiscal Agent” means U.S. Bank Trust Company, National Association, the Fiscal Agent appointed by the City, acting as an independent fiscal agent with the duties and powers herein provided, its successors and assigns, and any other corporation or association which may at any time be substituted in its place, as provided in Section 7.01 hereof. “Fiscal Year” means the twelve-month period extending from July 1 in a calendar year to June 30 of the succeeding year, both dates inclusive. “Improvement Fund” means the fund by that name established by Section 3.03(A) hereof. “Independent Financial Consultant” means a firm of certified public accountants, a financial consulting firm, a consulting engineering firm or engineer which is not an employee of, or otherwise controlled by, the City. Information Services” means in accordance with then-current guidelines of the Securities and Exchange Commission, the Electronic Municipal Market Access System (referred to as Packet Pg.1982 55600.00915\34953569.2 6 “EMMA”), a facility of the Municipal Securities Rulemaking Board (at http://emma.msrb.org) or such service or services as the City may designate in a certificate delivered to the Fiscal Agent. “Interest Account” means the account by that name established in the Bond Fund by Section 4.02 (A). “Interest Payment Dates” means March 1 and September 1 of each year, commencing September 1, 2022, until the maturity or redemption of all Outstanding Bonds. “Investment Earnings” means all interest earned and any gains and losses on the investment of moneys in any fund or account created by this Agreement, excluding interest earned and gains and losses on the investment of moneys in the Rebate Fund. “Maximum Annual Debt Service” means the largest Annual Debt Service for any Bond Year after the calculation is made through the final maturity date of any Outstanding Bonds. “Moody’s” shall mean Moody’s Investors Service, a national rating service with offices in New York, New York. “Municipal Advisor” means an independent financial consulting firm appointed by the City to advise the City as to financial matters relating to the Bonds. “Officer’s Certificate” means a written certificate of the City signed by an Authorized Officer of the City. “Ordinance” means any ordinance of the City or resolution of the City Council levying the Special Taxes. “Original Purchaser” means the first purchaser of the Bonds from the City. “Outstanding,” when used as of any particular time with reference to the Bonds, means (subject to the provisions of Section 8.04 hereof) all Bonds except: (i) Bonds theretofore canceled by the Fiscal Agent or surrendered to the Fiscal Agent for cancellation; (ii) Bonds called for redemption which, for the reasons specified in Section 2.03 (F) hereof, are no longer entitled to any benefit under this Agreement other than the right to receive payment of the redemption price therefor; (iii) Bonds paid or deemed to have been paid within the meaning of Section 10.03 hereof; and (iv) Bonds in lieu of or in substitution for which other Bonds shall have been authorized, executed, issued and delivered by the City and authenticated by the Fiscal Agent pursuant to this Agreement or any Supplemental Agreement. “Owner” means any person who shall be the registered owner of any Outstanding Bond. Packet Pg.1983 55600.00915\34953569.2 7 “Parity Bonds” means bonds issued by the District for the purpose of accomplishing the defeasance and redemption of all or a portion of the Outstanding Bonds pursuant to Section 2.13 hereof. “Permitted Investments” means: (i) Federal Securities; (ii) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following federal agencies and provided such obligations are backed by the full faith and credit of the United States of America (stripped securities are only permitted if they have been stripped by the agency itself): (a) U.S. Export-Import Bank Direct obligations or fully guaranteed certificates of beneficial ownership (b) Farmers Home Administration Certificates of beneficial ownership (c) Federal Financing Bank (d) Federal Housing Administration Debentures (e) General Services Administration Participation certificates (f) Government National Mortgage Association (GNMA) GNMA - guaranteed mortgage-backed bonds GNMA - guaranteed pass-through obligations (g) U.S. Maritime Administration Guaranteed Title XI financing (h) U.S. Department of Housing and Urban Development Project Notes Local Authority Bonds New Communities Debentures - United States government guaranteed debentures U.S. Public Housing Notes and Bonds - United States government guaranteed public housing notes and bonds; (iii) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by any of the following non-full faith and credit United States government agencies (stripped securities are only permitted if they have been stripped by the agency itself): (a) Federal Home Loan Bank System Senior debt obligations Packet Pg.1984 55600.00915\34953569.2 8 (b) Federal Home Loan Mortgage Corporation Participation Certificates Senior debt obligations (c) Federal National Mortgage Association Mortgage-backed securities and senior debt obligations (d) Student Loan Marketing Association Senior debt obligations (e) Resolution Funding Corporation (REFCORP) obligations (f) Farm Credit System Consolidated systemwide bonds and notes; (iv) Money market funds registered under the Federal Investment Company Act of 1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating by Standard & Poor’s of “AAAm-G,” “AAA-m” or “AA-m” and, if rated by Moody’s, rated “Aaa,” “Aa1” or “Aa2” by Moody’s, including funds for which the Fiscal Agent, its parent holding company, if any, or any affiliates or subsidiaries of the Fiscal Agent or such holding company receive and retain a fee for services provided to the fund whether as a custodian, transfer agent, investment advisor or otherwise; (v) Certificates of deposit secured at all times by collateral described in clauses (i) and/or (ii) above. Such certificates must be issued by commercial banks, including the Fiscal Agent and its affiliates, savings and loan associations or mutual savings banks. The collateral must be held by a third party and the Fiscal Agent on behalf of the Owners of the Bonds must have a perfected first security interest in the collateral; (vi) Certificates of deposit, savings accounts, deposit accounts or money market deposits which are fully insured by FDIC, including BIF and SAIF including those that may be issued or provided by the Fiscal Agent and its affiliates; (vii) Investment agreements with domestic or foreign banks, insurance companies or corporations the long-term debt or claims paying ability of which or, in the case of a guaranteed corporation, the long-term debt of the guarantor, or, in the case of a monoline financial guaranty insurance company, the claims paying ability or financial strength, of the guarantor is rated in at least the double A category by Standard & Poor’s and Moody’s; provided that, by the terms of the investment agreement: (a) interest payments are to be made to the Fiscal Agent at times and in amounts as necessary to pay Debt Service on the Bonds (if the funds invested pursuant to the investment agreement are from the Reserve Fund); (b) the investment agreement shall provide that the invested funds are available for withdrawal without penalty or premium at any time upon not more than seven (7) days’ prior notice (The City and the Fiscal Agent shall give or cause to be given notice in accordance with the Packet Pg.1985 55600.00915\34953569.2 9 terms of the investment agreement so as to receive funds thereunder with no penalty or premium payable.); (c) the investment agreement shall provide that it is the unconditional and general obligation of, and is not subordinated to any other obligation of, the provider thereof; (d) the City and the Fiscal Agent receive the opinion of domestic counsel (which opinion shall be addressed to the City and the Fiscal Agent) that such investment agreement is legal, valid, binding and enforceable upon the provider in accordance with its terms and of foreign counsel (if applicable) in form and substance acceptable, and addressed to, the City and the Fiscal Agent; (e) the investment agreement shall provide that if during its term (1) the provider’s (or its guarantor’s) rating by either Standard & Poor’s or Moody’s falls below “AA-” or “Aa3”, respectively, the provider shall, at its option, within ten (10) days of receipt of publication of such downgrade, either (i) collateralize the investment agreement by delivering or transferring in accordance with the applicable state and federal laws (other than by means of entries on the provider’s books) to the City, the Fiscal Agent or a third party acting solely as agent therefor (the “Holder of the Collateral”) collateral free and clear of any third-party liens or claims, the market value of which collateral is maintained at one hundred four percent (104%) of securities identified in clauses (i) and (ii) of this definition; or (ii) assign the investment agreement and all of its obligations thereunder to a financial institution mutually acceptable to the provider, the City and the Fiscal Agent which is rated either in the first or second highest category by Standard & Poor’s and Moody’s; and (2) the provider’s (or its guarantor’s) rating by either Standard & Poor’s or Moody’s is withdrawn or suspended or falls below “A-” or “A3”, respectively, the provider must, at the direction of the City or the Fiscal Agent, within ten (10) days of receipt of such direction, repay the principal of and accrued but unpaid interest on the invested funds, in either case with no penalty or premium to the City or the Fiscal Agent; and (f) the investment agreement shall provide and an opinion of counsel shall be rendered, in the event collateral is required to be pledged by the provider under the terms of the investment agreement at the time such collateral is delivered, that the Holder of the Collateral has a perfected first priority security interest in the collateral, any substituted collateral and all proceeds thereof (in the case of bearer securities, this shall mean the Holder of the Collateral is in possession of such collateral); and (g) the investment agreement shall provide that if during its term (1) the provider shall default in its payment obligations, the provider’s obligations under the investment agreement shall, at the direction of the City or the Fiscal Agent, be accelerated and amounts invested and accrued but unpaid interest thereon shall be paid to the City or the Fiscal Agent, as appropriate; and (2) the provider shall become insolvent, not pay its debts as they become due, be declared or petition to be declared bankrupt, etc. (“event of insolvency”), the Packet Pg.1986 55600.00915\34953569.2 10 provider’s obligations shall automatically be accelerated and amounts invested and accrued but unpaid interest thereon shall be paid to the City or the Fiscal Agent, as appropriate; (viii) Commercial paper rated, at the time of purchase, “Prime - 1” by Moody’s and “A-1” or better by Standard & Poor’s; (ix) Bonds or notes issued by any state or municipality which are rated by Moody’s and/or Standard & Poor’s in one of the two highest rating categories assigned by them; (x) Federal funds or bankers acceptances with a maximum term of one year of any bank or deposit accounts, including the Fiscal Agent and its affiliates, which has an unsecured, uninsured and unguaranteed obligation rating of “Prime - 1” or better by Moody’s and “A-1” or better by Standard & Poor’s; (xi) Repurchase agreements which satisfy the following criteria: (a) Repurchase agreements must be between the City or the Fiscal Agent and an entity which is: (1) A primary dealer on the Federal Reserve reporting dealer list which is rated “A” or better by Standard & Poor’s and Moody’s, or (2) A bank rated “A” or above by Standard & Poor’s and Moody’s; or (3) A corporation the long-term debt or claims paying ability of which, or in the case of a guaranteed corporation, the long-term debt of the guarantor, or, in the case of a monoline financial guaranty insurance company, the claims paying ability or financial strength of the guarantor, is rated in at least the double A category by Standard & Poor’s and Moody’s. (b) The written agreement must include the following: (1) Securities which are acceptable for transfer are: (A) direct obligations of the United States government, or (B) obligations of federal agencies backed by the full faith and credit of the United States of America (or the Federal National Mortgage Association (FNMA) or the Federal Home Loan Mortgage Corporation (FHLMC)), (2) The collateral must be delivered to the City or the Fiscal Agent (if the Fiscal Agent is not supplying the collateral) or a third party acting as agent for the Fiscal Agent (if the Fiscal Agent is supplying the collateral) before or simultaneous with payment (perfection by possession of certificated securities), (3) (A) The securities must be valued weekly, marked-to-market at current market price plus accrued interest, and Packet Pg.1987 55600.00915\34953569.2 11 (B) The value of the collateral must be at least equal to one hundred four percent (104%) of the amount of money transferred by the Fiscal Agent to the dealer, bank or corporation under the agreement plus accrued interest. If the value of the securities held as collateral is reduced below one hundred four percent (104%) of the value of the amount of money transferred by the Fiscal Agent, then additional acceptable securities and/or cash must be provided as collateral to bring the value of the collateral to one hundred four percent (104%); provided, however, that if the securities used as collateral are those of FNMA or FHLMC, then the value of the collateral must equal to one hundred five percent (105%) of the amount of money transferred by the Fiscal Agent; and (xii) the Local Agency Investment Fund in the State Treasury of the State of California as permitted by the State Treasurer pursuant to Section 16429.1 of the California Government Code. “Principal Account” means the account by that name established in the Bond Fund by Section 4.02 (A). “Principal Office” means the principal corporate trust office of the Fiscal Agent in Los Angeles, California or such other addresses may be specified in writing by the Fiscal Agent; provided, however, that for purposes of the transfer, registration, exchange, payment and surrender of Bonds “Principal Office” means the office or agency of the Fiscal Agent at which, at any time, its corporate trust agency business shall be conducted or such other office or address as may be specified in writing by the Fiscal Agent. “Proceeds,” when used with reference to the Bonds, means the aggregate principal amount of the Bonds, plus accrued interest and premium, if any, less original issue discount, if any, less Original Purchaser’s discount. “Project” means the public facilities which are to be financed with the proceeds of the sale of the bonds of the District, as described in Resolution No. 2020-195 adopted by the City Council on August 5, 2020. “Rate and Method of Apportionment” means the rate and method of apportionment of special taxes originally authorized to be levied on property within the District as approved at a special election held within the District on August 5, 2020, and as it may be modified from time to time in accordance with the Act. “Rebate Certificate” means the certificate delivered by the City upon the delivery of the Bonds relating to Section 148 of the Code, or any functionally similar replacement certificate. “Rebate Fund” means the fund by that name established by Section 6.02 hereof. “Record Date” means the fifteenth (15th) day of the month next preceding the applicable Interest Payment Date whether or not such day is a Business Day. “Regulations” means the temporary and permanent regulations of the United States Department of the Treasury promulgated under the Code. Packet Pg.1988 55600.00915\34953569.2 12 “Representation Letter” means the representation letter which the City has delivered to The Depository Trust Company (“DTC”) with respect to the utilization of the book-entry system maintained by DTC for the issuance and registration of bonds. “Reserve Fund” means the fund by that name established by Section 4.03(A) hereof. “Reserve Requirement” means, as of the date of calculation, as determined by the City and provided in writing to the Fiscal Agent, the lesser of (i) ten percent (10%) of the original issue price of the Bonds calculated in accordance with Treasury Regulations Section 1.148-2(f)(1), (ii) Maximum Annual Debt Service on the Bonds or (iii) 125 percent (125%) of average Annual Debt Service on the Bonds. “Resolution” means Resolution No. 2022-____, adopted by the City Council on ____________, 2022. “Securities Depositories” means The Depository Trust Company, 55 Water Street, 50th Floor, New York, New York, 10041-0099, Call Notification Department, Fax (212) 855-7232, and, in accordance with then current guidelines of the Securities and Exchange Commission, such other securities depositories as the City may designate in an Officer’s Certificate delivered to the Fiscal Agent. “Special Taxes” or “Special Tax” means Special Tax A (as defined in the Rate and Method of Apportionment) levied by the City Council on parcels of taxable property within the District pursuant to the Act and this Agreement. “Special Tax Fund” means the fund by that name established by Section 3.04(A) hereof. “Special Tax Prepayments” means amounts received by the City as prepayments of all or a portion of the Special Tax obligation of a parcel of property in the District. “Special Tax Prepayments Account” means the account by that name established by the Fiscal Agent in the Bond Fund pursuant to Section 4.02(A) hereof. “Special Tax Revenues” means the proceeds of the Special Taxes received by the City, including any scheduled payments, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes in the amount of said lien and interest and penalties thereon. “Standard & Poor’s” shall mean S&P Global Ratings, a Standard & Poor’s Financial Services LLC business, a national rating service with offices in New York, New York. “Tax Consultant” means an engineer or financial consultant or other such person or firm with expertise in the apportionment and levy of special taxes in community facilities districts which is employed by the City to assist the City in levying the Special Taxes. Packet Pg.1989 55600.00915\34953569.2 13 ARTICLE II THE BONDS Section 2.01. Principal Amount; Designation. The Bonds in the aggregate principal amount of $___________ are hereby authorized to be issued by the City for the District under and subject to the terms of the Resolution, this Agreement, the Act and other applicable laws of the State of California. The Bonds shall be designated “Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds.” The Bonds shall be issued in the form attached hereto as Exhibit A. Section 2.02. Terms of Bonds. (A) The Bonds. The Bonds shall be issued as fully registered bonds, without coupons, in the denominations of $5,000 or any integral multiple thereof. The Bonds shall be lettered and numbered in a customary manner as determined by the Fiscal Agent. The Bonds shall be dated ____________, 2022. (B) Maturities. The Bonds shall mature and become payable on September 1 of each year, as follows: Maturity Dates (September 1) Principal Amounts Interest Rates (C) Interest. The Bonds shall bear interest at the rates set forth in subsection (B) above payable on the Interest Payment Dates in each year. Interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from ____________, 20__; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon or from ____________, 20__, if no interest has previously been paid or made available for payment thereon. (D) Method of Payment. Interest on the Bonds is payable by check of the Fiscal Agent mailed by first class mail, postage prepaid, on each Interest Payment Date, to the registered Owner thereof at such registered Owner’s address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Packet Pg.1990 55600.00915\34953569.2 14 Payment Date. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America by check of the Fiscal Agent upon surrender of such Bonds at the Principal Office of the Fiscal Agent; provided, however, that at the written request of the Owner of at least $1,000,000 in aggregate principal amount of Outstanding Bonds filed with the Fiscal Agent prior to any Record Date, interest on such Bonds shall be paid to such Owner on each succeeding Interest Payment Date by wire transfer of immediately available funds to an account in the United States of America designated in such written request. (E) CUSIP Identification Numbers. “CUSIP” identification numbers shall be imprinted on the Bonds, but such numbers shall not constitute a part of the contract evidenced by the Bonds. In addition, failure on the part of the City or the Fiscal Agent to use such CUSIP numbers in any notice to the Owners shall not constitute an Event of Default or any violation of the City’s contract with the Owners and shall not impair the effectiveness of any such notice. Section 2.03. Redemption. (A) Optional Redemption. The Bonds are subject to redemption prior to their stated maturity dates at the option of the City on September 1, 20__, or any Interest Payment Date thereafter, from such maturities as selected by the City (and by lot within any one maturity), in integral multiples of $5,000, at the option of the City from moneys derived by the City from any source, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price September 1, 20__ and March 1, 20__103% September 1, 20__ and March 1, 20__102 September 1, 20__ and March 1, 20__101 September 1, 20__ and each Interest Payment Date thereafter 100 (B) Mandatory Redemption From Special Tax Prepayments. The Bonds are subject to mandatory redemption prior to their stated maturity dates on any Interest Payment Date, as selected among maturities by the City (and by lot within any one maturity), in integral multiples of $5,000, from moneys derived by the City from Special Tax Prepayments, at redemption prices (expressed as percentages of the principal amounts of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price Any Interest Payment Date through March 1, 20__103% September 1, 20__ and March 1, 20__102 September 1, 20__ and March 1, 20__101 September 1, 20__ and any Interest Payment Date thereafter 100 (C) Mandatory Sinking Fund Redemption. The Outstanding Bonds maturing on September 1, 20__ and September 1, 20__ are subject to mandatory sinking fund redemption, in part, on September 1, 20__ and September 1, 20__, respectively and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be Packet Pg.1991 55600.00915\34953569.2 15 redeemed, together with accrued interest to the date of redemption, without premium, and from sinking payments as follows: Bonds Maturing on September 1, 20 Redemption Date (September 1)Sinking Payment Bonds Maturing on September 1, 20 Redemption Date (September 1)Sinking Payment The amounts in the foregoing schedules shall be reduced by the City pro rata among redemption dates, in order to maintain substantially level Debt Service, as a result of any prior or partial redemption of the Bonds pursuant to subsection (A) or subsection (B) above. The City shall provide the Fiscal Agent with a revised sinking fund schedule. (D) Purchase of Bonds. In lieu of payment at maturity or redemption under this Section 2.03, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase. In such event, the City shall, as may be appropriate, provide to the Fiscal Agent a revised maturity schedule or a revised mandatory sinking fund schedule for the Bonds, or both. (E) Notice to Fiscal Agent. An Authorized Officer shall give the Fiscal Agent written notice of the City’s intention to redeem Bonds not less than forty-five (45) days prior to the applicable redemption date specifying the principal amounts and maturities of the Bonds to be redeemed. The provisions of this subsection (E) shall not apply to the redemption of the Bonds pursuant to Section 2.03(C) hereof. (F) Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least thirty (30) days but not more than sixty (60) days prior to the date fixed for redemption, or electronically submitted, to the Securities Depositories and to one or more Information Services selected by an Authorized Officer, and to the respective registered Owners of any Bonds designated for redemption, at their addresses Packet Pg.1992 55600.00915\34953569.2 16 appearing on the Bond registration books maintained by the Fiscal Agent at its Principal Office; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. The Fiscal Agent shall also cause notice of any redemption to be mailed, in such manner and within such time, to the Underwriter. Such notice shall state the date of such notice, the date of issue of the Bonds, the place or places of redemption, the redemption date, the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed, by giving the individual CUSIP number and Bond number of each Bond to be redeemed, or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called for redemption in part the portion of the principal of the Bond to be redeemed, shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. The cost of the mailing and publication of any such redemption notice shall be paid by the District. Any notice of optional redemption of the Bonds delivered in accordance with this Section 2.03 may be conditional and if any condition stated in the notice of redemption shall not have been satisfied on or prior to the redemption date, said notice shall be of no force and effect and the District shall not be required to redeem such Bonds and the redemption shall not be made and the Fiscal Agent shall within a reasonable time thereafter give notice, to the persons and in the manner in which the notice of redemption was given, that such condition or conditions were not met and that the redemption was cancelled. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. In the event of a mandatory redemption pursuant to Section 2.03(B) hereof, the City shall transfer or cause to be transferred to the Fiscal Agent for deposit in the Bond Fund moneys in an amount equal to the redemption price of the Bonds being redeemed on or before the fifteenth (15th) day of the month preceding the Interest Payment Date upon which such Bonds are to be redeemed. If less than all the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomination of more than $5,000 to be redeemed shall be in the principal amount of $5,000 or a multiple thereof, and, in selecting portions of such Bonds for redemption, the Fiscal Agent shall treat each such Bond as representing the number of Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000. Whenever provision is made in this Agreement for the redemption of less than all of the Bonds of a maturity or any given portion thereof, the Fiscal Agent shall select the Bonds of such maturity to be redeemed, from all Bonds of such maturity or such given portion thereof not previously called for redemption, by lot within a maturity in any manner which the Fiscal Agent in its sole discretion shall deem appropriate. Packet Pg.1993 55600.00915\34953569.2 17 Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the Owner, at the expense of the District, a new Bond or Bonds, of the same maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. (G) Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the redemption prices of the Bonds called for redemption shall have been deposited in the Bond Fund, such Bonds shall cease to be entitled to any benefit under this Agreement other than the right to receive payment of the redemption price, and interest shall cease to accrue on the Bonds to be redeemed on the redemption date specified in the notice of redemption. All Bonds redeemed and purchased by the Fiscal Agent pursuant to this Section 2.03 shall be canceled by the Fiscal Agent. Section 2.04. Form of Bonds. The Bonds, including the Fiscal Agent’s certificate of authentication and the assignment to appear thereon, shall be substantially in the form set forth in Exhibit A attached hereto and by this reference incorporated herein, with necessary or appropriate variations, omissions and insertions as permitted or required by this Agreement. Section 2.05. Execution of Bonds. The Bonds shall be executed on behalf of the District by the facsimile signatures of the Mayor and City Clerk of the City, who are in office on the date of this Agreement or at any time thereafter. If any officer whose signature appears on any Bond ceases to be such officer before delivery of the Bond to the Owner, such signature shall nevertheless be as effective as if the officer had remained in office until the delivery of the Bond to the Owner. Any Bond may be signed and attested on behalf of the District by such persons as at the actual date of the execution of such Bond shall be the proper officers of the City although at the nominal date of such Bond any such person shall not have been such officer of the City. Only such Bonds as shall bear thereon a certificate of authentication in substantially the form set forth in Exhibit A hereto or Exhibit B hereto, as appropriate, manually executed and dated by the Fiscal Agent, shall be valid or obligatory for any purpose or entitled to the benefits of this Agreement, and such certificate of authentication of the Fiscal Agent shall be conclusive evidence that such Bonds have been duly authenticated, registered and delivered hereunder, and are entitled to the benefits of this Agreement. Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be transferred, upon the books required to be kept pursuant to the provisions of Section 2.08 hereof, by the person in whose name it is registered, in person or by his duly authorized attorney, upon surrender of such Bond for cancellation at the Principal Office of the Fiscal Agent, accompanied by delivery of a duly executed written instrument of transfer in a form acceptable to the Fiscal Agent. The cost for any services rendered or any expenses incurred by the Fiscal Agent in connection with any such transfer shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting transfer of a Bond any tax or other governmental charge required to be paid with respect to such transfer. Packet Pg.1994 55600.00915\34953569.2 18 Whenever any Bond or Bonds shall be surrendered for transfer, the City shall execute and the Fiscal Agent shall authenticate and deliver a new Bond or Bonds of like aggregate principal amount. No transfers of Bonds shall be required to be made (i) during the fifteen (15) days preceding the date established by the Fiscal Agent for selection of Bonds for redemption, or (ii) with respect to Bonds which have been selected for redemption. Section 2.07. Exchange of Bonds. Bonds may be exchanged at the Principal Office of the Fiscal Agent only for a like aggregate principal amount of Bonds of authorized denominations and of the same maturity and interest rate. The cost for any services rendered or any expense incurred by the Fiscal Agent in connection with any such exchange shall be paid by the District. The Fiscal Agent shall collect from the Owner requesting exchange of a Bond any tax or other governmental charge required to be paid with respect to such exchange. No exchanges of Bonds shall be required to be made (i) during the fifteen (15) days preceding the date established by the Fiscal Agent for selection of Bonds for redemption, or (ii) with respect to Bonds which have been selected for redemption. Section 2.08. Bond Register. The Fiscal Agent shall keep, or cause to be kept, at its Principal Office sufficient books for the registration and transfer of the Bonds which books shall show the series, number, CUSIP identification number, date of issuance, amount, rate of interest and Owner of each Bond and shall at all times be open to inspection by the City during regular business hours upon reasonable notice; and, upon presentation for such purpose, the Fiscal Agent shall, under such reasonable regulations as it may prescribe, register or transfer or cause to be registered or transferred, on said books, the ownership of the Bonds as hereinbefore provided. Section 2.09. Temporary Bonds. The Bonds may be initially issued in temporary form exchangeable for definitive Bonds when ready for delivery. The temporary Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be determined by the City, and may contain such reference to any of the provisions of this Agreement as may be appropriate. Every temporary Bond shall be executed by the City upon the same conditions and in substantially the same manner as the definitive Bonds. If the City issues temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the temporary Bonds shall be surrendered, for cancellation, in exchange for the definitive Bonds at the Principal Office of the Fiscal Agent or at such other location as the Fiscal Agent shall designate, and the Fiscal Agent shall authenticate and deliver in exchange for such temporary Bonds an equal aggregate principal amount of definitive Bonds of authorized denominations. Until so exchanged, the temporary Bonds shall be entitled to the same benefits under this Agreement as definitive Bonds authenticated and delivered hereunder. Section 2.10. Bonds Mutilated, Lost, Destroyed or Stolen. If any Bond shall become mutilated, the City, at the expense of the Owner of said Bond, shall execute, and the Fiscal Agent shall authenticate and deliver, a replacement Bond of like tenor and principal amount in exchange and substitution for the Bond so mutilated, but only upon surrender to the Fiscal Agent of the Bond so mutilated. Every mutilated Bond so surrendered to the Fiscal Agent shall be canceled and destroyed by the Fiscal Agent. If any Bond shall be lost, destroyed or stolen, evidence of such Packet Pg.1995 55600.00915\34953569.2 19 loss, destruction or theft may be submitted to the Fiscal Agent and, if such evidence be satisfactory to it and indemnity satisfactory to it shall be given, the City, at the expense of the Owner, shall execute, and the Fiscal Agent shall authenticate and deliver, a replacement Bond of like tenor and principal amount in lieu of and in substitution for the Bond so lost, destroyed or stolen. The City or Fiscal Agent may require payment of a sum not exceeding the actual cost of preparing each replacement Bond delivered under this Section 2.10 and of the expenses which may be incurred by the City and the Fiscal Agent for the preparation, execution, authentication and delivery thereof. Any Bond delivered under the provisions of this Section 2.10 in replacement of any Bond alleged to be lost, destroyed or stolen shall constitute an original additional contractual obligation of the District whether or not the Bond so alleged to be lost, destroyed or stolen is at any time enforceable by anyone, and shall be equally and proportionately entitled to the benefits of this Agreement with all other Bonds issued pursuant to this Agreement. Section 2.11. Special Obligation. All obligations of the City and the District under this Agreement and the Bonds shall be special obligations of the City and the District, payable solely from the Special Tax Revenues and the funds pledged therefor pursuant hereto. Neither the faith and credit nor the taxing power of the City, the District (except to the limited extent set forth herein) or the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Section 2.12. Book-Entry. The Bonds shall be initially issued in the form of a single, fully registered Bond for each maturity (which may be typewritten). Upon initial issuance, the ownership of such Bonds shall be registered in the name of the Nominee identified below as nominee of The Depository Trust Company, New York, New York and its successors and assigns (the “Depository” or “DTC”). Except as hereinafter provided, all of the Outstanding Bonds shall be registered in the name of the nominee of the Depository, which may be the Depository, as determined from time to time pursuant to this Section 2.12 (the “Nominee”). With respect to the Bonds registered in the name of the Nominee, neither the City nor the Fiscal Agent shall have any responsibility or obligation to any broker-dealers, banks and other financial institutions from time to time for which the Depository holds Bonds as securities depository (the “Participant”) or to any person on behalf of which such a Participant holds an interest in the Bonds. Without limiting the immediately preceding sentence, neither the City nor the Fiscal Agent shall have any responsibility, liability or obligation whatsoever with respect to (i) the accuracy of the records of the Depository, the Nominee, or any Participant with respect to any ownership interest in the Bonds, (ii) the delivery to any Participant or any other person, other than an Owner of a Bond as shown in the registration books maintained by the Fiscal Agent pursuant to Section 2.08 hereof (the “Registration Books”), of any notice with respect to the Bonds, including any notice of redemption, (iii) the selection by the Depository and its Participants of the beneficial interests in the Bonds to be redeemed in the event the City redeems the Bonds in part, or (iv) the payment to any Participant or any other person, other than an Owner of a Bond as shown in the Registration Books, of any amount with respect to principal of or interest on the Bonds. The City and the Fiscal Agent may treat and consider conclusively the person in whose name each Bond is registered as the holder and absolute Owner of such Bond for the purpose of payment of principal and interest with respect to such 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 Bond, and for all other purposes whatsoever. The City shall pay all principal Packet Pg.1996 55600.00915\34953569.2 20 of and interest on the Bonds only to or upon the order of the respective Owner of 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 City’s obligations with respect to payment of principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than an Owner of a Bond, as shown in the Registration Books, shall receive a Bond evidencing the obligation of the City to make payments of principal and interest pursuant to this Agreement. Upon delivery by the Depository to the Owners of the Bond, and the City of written notice to the effect that the Depository has determined to 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 Agreement shall refer to such nominee of the Depository. In the event (i) the Depository determines not to continue to act as securities depository for the Bonds, or (ii) the Depository shall no longer so act and gives notice to the City of such determination, then the City will discontinue the book-entry system with the Depository. If the City determines to replace the Depository with another qualified securities depository, the City shall prepare or direct the preparation of a new, single, separate, fully registered Bond, per maturity, registered in the name of such successor or substitute qualified securities depository or its nominee. If the City fails to identify another qualified securities depository to replace the Depository, then the 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 Owners of the Bonds transferring or exchanging Bonds shall designate, in accordance with the provisions of Sections 2.06 and 2.07 hereof, and the City shall prepare and deliver Bonds to the Fiscal Agent for authentication and delivery to the Owners thereof for such purpose. In the event of a reduction in aggregate principal amount of Bonds Outstanding or an advance refunding of part of the Bonds Outstanding, the Depository, in its discretion, (a) may request the City to prepare and issue a new Bond or (b) may make an appropriate notation on a Bond indicating the date and amounts of such reduction in principal, but in such event the Registration Books maintained by the Fiscal shall be conclusive as to what amounts are Outstanding with respect to the Bond, except in the case of final maturity, in which case the Bond must be presented to the Fiscal Agent prior to payment. Notwithstanding any other provision of this Agreement to the contrary, so long as any Bond is registered in the name of the Nominee, all payments of principal and interest with respect to such Bond and all notices with respect to such Bond shall be made and given, respectively, as provided in the Representation Letter or as otherwise instructed by the Depository and acceptable to the City. The initial Nominee shall be Cede & Co., as Nominee of DTC. Section 2.13. Parity Bonds. The District and the City covenant that except as provided below they will not issue any other obligations payable, as to principal or interest, from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues superior to or on a parity with the lien of the Bonds. Nothing in this Agreement shall, however, preclude, subject to the limitations contained hereunder, the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State Packet Pg.1997 55600.00915\34953569.2 21 of California, which shall be payable from and have a lien upon the Special Tax Revenues on a parity with the Bonds to be outstanding following the issuance of such refunding bonds. ARTICLE III ISSUANCE OF BONDS; APPLICATION OF PROCEEDS; IMPROVEMENT FUND; SPECIAL TAX FUND; ADMINISTRATIVE EXPENSE FUND; COSTS OF ISSUANCE FUND Section 3.01. Issuance and Delivery of Bonds. At any time after the execution of this Agreement, the City may issue the Bonds for the District in the aggregate principal amounts set forth in Section 2.01 hereof and deliver the Bonds to the Original Purchaser. The Authorized Officers of the City are hereby authorized and directed to deliver any and all documents and instruments necessary to cause the issuance of the Bonds in accordance with the provisions of the Act, the Resolution and this Agreement, to authorize the payment of Costs of Issuance by the Fiscal Agent from the proceeds of the Bonds, and to do and cause to be done any and all acts and things necessary or convenient for delivery of the Bonds to the Original Purchaser. Section 3.02. Application of Proceeds of Sale of Bonds. The Proceeds of the sale of the Bonds to the Original Purchaser shall be paid to the Fiscal Agent, who shall forthwith set aside, pay over and deposit such Proceeds on the Closing Date as follows: (A) Deposit in the Reserve Fund the amount of $___________, which constitutes the Reserve Requirement on the Closing Date; (B) Deposit in the Improvement Fund the amount of $___________; (C) Deposit in the Costs of Issuance Fund the amount of $___________; and Section 3.03. Improvement Fund. (A) Establishment of Improvement Fund. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Bernardino 2022 Special Tax Bonds Improvement Fund.” Moneys in the Improvement Fund shall be held by the Fiscal Agent for the benefit of the City, and shall be disbursed, except as otherwise provided in subsection (D) of this Section 3.03, for the payment or reimbursement of the costs of the design, acquisition and construction of the Project. (B) Procedure for Disbursement. Disbursements from the Improvement Fund shall be made by the Fiscal Agent upon receipt of an Officer’s Certificate which shall: (i) set forth the amount required to be disbursed, the purpose for which the disbursement is to be made and the person to which the disbursement is to be paid along with payment instructions; and (ii) certify that no portion of the amount then being requested to be disbursed was set forth in any Officer’s Certificate previously filed with the Fiscal Agent Packet Pg.1998 55600.00915\34953569.2 22 requesting disbursement, and that the amount being requested is an appropriate disbursement from the Improvement Fund. (C) Investment. Moneys in the Improvement Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings with respect to the Improvement Fund shall be retained by the Fiscal Agent in such fund to be used for the purposes of such fund. (D) Closing of Fund. Upon the filing of an Officer’s Certificate stating that the construction and acquisition of the Project has been completed and that all costs of the Project have been paid or are not required to be paid from the Improvement Fund, and further stating that moneys on deposit in the Improvement Fund are not needed to complete the Project or reimburse the cost thereof, the Fiscal Agent shall transfer the amount, if any, remaining in the Improvement Fund to the Principal Account of the Bond Fund to be used to pay the principal of the Bonds. (E) Officer’s Certificate. Upon receipt of an Officer’s Certificate delivered pursuant to this Section 3.03, the Fiscal Agent is authorized to act thereon without further inquiry and shall not be responsible for the accuracy of the statements made in such Officer’s Certificate or the application of the funds disbursed pursuant thereto, and shall be absolutely protected and incur no liability in relying on such Officer’s Certificate. Section 3.04. Special Tax Fund. (A) Establishment of Special Tax Fund. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Bernardino 2022 Special Tax Bonds Special Tax Fund” to the credit of which the City shall deposit, as hereinafter provided, not later than ten (10) Business Days after receipt, all Special Tax Revenues received by the City. Moneys in the Special Tax Fund, and all accounts therein, shall be held in trust by the Fiscal Agent for the benefit of the City and the Owners of the Bonds, shall be disbursed as provided below and, pending disbursement, shall be subject to a lien in favor of the Owners of the Bonds. Notwithstanding the foregoing, any amounts received by the City which constitute Special Tax Prepayments shall be transferred by the City not later than ten (10) Business Days after receipt to the Fiscal Agent for deposit by the Fiscal Agent in the Special Tax Prepayments Account established pursuant to Section 4.02(A) hereof. (B) Disbursements. As soon as practicable after the receipt from the City of any Special Tax Revenues, but no later than ten (10) Business Days after such receipt, the Fiscal Agent shall withdraw from the Special Tax Fund and deposit in the Administrative Expense Fund an amount which is estimated by the City, in a written communication from an Authorized Officer delivered to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely) to be sufficient, together with the amount then on deposit in the Administrative Expense Fund, to pay the Administrative Expenses during the current Fiscal Year (as determined by the City); provided, however, that the amount deposited in the Administrative Expense Fund prior to the deposits to the Interest Account and the Principal Account of the Bond Fund, as provided below, will not exceed $25,000 for each Fiscal Year. Thereafter, the Fiscal Agent shall deposit in the Interest Account and the Principal Account of the Bond Fund, as provided in Section 4.02(B). If, after Packet Pg.1999 55600.00915\34953569.2 23 such deposits are made to the Administrative Expense Fund, the Interest Account and the Principal Account, there are funds remaining on deposit in the Special Tax Fund, the City shall instruct the Fiscal Agent by an Officer’s Certificate (upon which the Fiscal Agent may conclusively rely) to transfer such amount from the Special Tax Fund to and deposit it in the Reserve Fund to the extent that the amount on deposit therein is less than the Reserve Requirement. On September 2 of each year the amount, if any, on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (including the Principal Account therein but not including, however, the Interest Account or the Special Tax Prepayments Account), as determined by the City, shall not exceed the greater of (i) one year’s earnings on such amounts, or (ii) one-twelfth (1/12th) of Annual Debt Service for the then current Bond Year. If on September 2 of any year the amount on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (other than such excluded amounts), exceeds the maximum amount allowable pursuant to the preceding sentence, as determined by the City and communicated in writing by an Authorized Officer to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely), moneys shall be transferred from the Special Tax Fund to the Administrative Expense Fund to pay any additional Administrative Expenses during the then current Fiscal Year, as directed in writing by the City. The Fiscal Agent shall have no obligation to monitor the City’s obligations as set forth in the foregoing sentence. Subject to the requirement described above, on each September 2, commencing September 2, 20__ any funds remaining in the Special Tax Fund which are not needed to pay principal of or interest on the Bonds then due and payable may be retained in the Special Tax Fund to reduce the Special Taxes levied in future years (subject to the limitations set forth in the Rate and Method of Apportionment). (C) Investment. Moneys in the Special Tax Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained in the Special Tax Fund to be used for the purposes of such fund. Section 3.05. Administrative Expense Fund. (A) Establishment of Administrative Expense Fund. There is hereby established, as a separate account to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Bernardino 2022 Special Tax Bonds Administrative Expense Fund” to the credit of which deposits shall be made as required by Section 3.04(B) hereof. Moneys in the Administrative Expense Fund shall be held in trust by the Fiscal Agent for the benefit of the City, and shall be disbursed as provided below. (B) Disbursement. Amounts in the Administrative Expense Fund shall be withdrawn by the Fiscal Agent and paid to the City or its order upon receipt by the Fiscal Agent of an Officer’s Certificate stating the amount to be withdrawn, that such amount is to be used to pay an Administrative Expense (or a Cost of Issuance) and the nature of such Administrative Expense (or Cost of Issuance). (C) Investment. Subject to the provisions of subsection (B) above, moneys in the Administrative Expense Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the Fiscal Agent in the Administrative Expense Fund to be used for the purposes of such fund. Packet Pg.2000 55600.00915\34953569.2 24 Section 3.06. Costs of Issuance Fund. (A) Establishment of Costs of Issuance Fund. There is hereby established, as a separate account to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Bernardino 2022 Special Tax Bonds Costs of Issuance Fund” to the credit of which a deposit shall be made as required by paragraph (B) of Section 3.02 hereof. Moneys in the Costs of Issuance Fund shall be held in trust by the Fiscal Agent and shall be disbursed as provided in subsection (B) of this Section for the payment or reimbursement of Costs of Issuance. (B) Disbursement. Amounts in the Costs of Issuance Fund shall be disbursed to pay Costs of Issuance, as set forth in a requisition containing respective amounts to be paid to the designated payees, signed by an Authorized Officer and delivered to the Fiscal Agent concurrently with the delivery of the Bonds. The Fiscal Agent shall pay all Costs of Issuance upon receipt of an invoice from any such payee which requests payment in an amount which is less than or equal to the amount set forth with respect to such payee in such requisition, or upon receipt of an Officer’s Certificate requesting payment of a Cost of Issuance not listed on the initial requisition delivered to the Fiscal Agent on the Closing Date. Each such invoice or Officer’s Certificate shall be sufficient evidence to the Fiscal Agent of the facts stated therein and the Fiscal Agent shall have no duty to confirm the accuracy of such facts. The Fiscal Agent shall maintain the Costs of Issuance Fund for a period of ninety (90) days from the Closing Date and shall then transfer and deposit any moneys remaining therein, including any Investment Earnings thereon, in the Improvement Fund. (C) Investment. Moneys in the Costs of Issuance Fund shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained by the Fiscal Agent in the Costs of Issuance Fund to be used for the purposes of such fund. ARTICLE IV SPECIAL TAX REVENUES; BOND FUND; RESERVE FUND Section 4.01. Pledge of Special Tax Revenues. The Bonds shall be secured by a pledge of and lien upon (which shall be effected in the manner and to the extent herein provided) all of the Special Tax Revenues (except the amount which will be deposited in the Administrative Expense Fund for each Fiscal Year pursuant to Section 3.04(B) hereof) and all moneys deposited in the Bond Fund and all moneys deposited in the Reserve Fund. The Bonds shall be equally secured by a pledge of and lien upon the Special Tax Revenues and such moneys without priority for number, date of Bond, date of execution or date of delivery; and the payment of the interest on and principal of the Bonds and any premium upon the redemption of any thereof shall be and is secured by a pledge of and lien upon the Special Tax Revenues and such moneys. The Special Tax Revenues and all moneys deposited into such accounts are hereby dedicated in their entirety to the payment of the principal of the Bonds, and interest and any premium on, the Bonds, as provided herein and in the Act, until all of the Bonds have been paid and retired or until moneys or Defeasance Securities have been set aside irrevocably for that purpose in accordance with Section 10.03 hereof. Packet Pg.2001 55600.00915\34953569.2 25 Section 4.02. Bond Fund. (A) Deposits. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Bernardino 2022 Special Tax Bonds Bond Fund” to the credit of which deposits shall be made as required by Section 3.04(B) and Section 4.03(C) and (D) hereof and any other provision of this Agreement or the Act. There are hereby established in the Bond Fund, as separate accounts to be held by the Fiscal Agent, the “Interest Account” and the “Principal Account.” There is hereby also established in the Bond Fund, as a separate account to be held by the Fiscal Agent, the “Special Tax Prepayments Account” to the credit of which deposits shall be made as required by Section 3.04(A) hereof. Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. (B) Disbursements. On or before each Interest Payment Date, the Fiscal Agent shall transfer from the Special Tax Fund and deposit into the following respective accounts in the Bond Fund, the following amounts in the following order of priority, the requirements of each such account (including the making up of any deficiencies in any such account resulting from lack of Special Tax Revenues sufficient to make any earlier required deposit) at the time of deposit to be satisfied before any transfer is made to any account subsequent in priority: (1) Interest Account. On or before each Interest Payment Date, the Fiscal Agent shall deposit in the Interest Account an amount required to cause the aggregate amount on deposit in the Interest Account to equal the amount of interest becoming due and payable on the Bonds on such date. No deposit need be made into the Interest Account on any Interest Payment Date if the amount on deposit therein is at least equal to the interest becoming due and payable on the Bonds on such date. All moneys in the Interest Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds redeemed prior to maturity). All amounts on deposit in the Interest Account on the first day of any Bond Year, to the extent not required to pay any interest then having become due and payable on the Outstanding Bonds shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund. (2) Principal Account. On or before each Interest Payment Date which occurs on September 1, the Fiscal Agent shall deposit in the Principal Account an amount required to cause the aggregate amount on deposit in the Principal Account to equal the principal amount of the Bonds becoming due and payable on such date pursuant to Section 2.02 hereof, or the redemption price of the Bonds (consisting of the principal amount thereof and any applicable redemption premium) required to be redeemed on such date pursuant to any of the provisions of Section 2.03 hereof. All moneys in the Principal Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of (i) paying the principal of the Bonds at the maturity thereof, or (ii) paying the principal of and premium (if any) on any Bonds upon the redemption thereof pursuant to Section 2.03 hereof. All amounts on deposit in the Principal Account on the first day of any Bond Year, to the extent not required to pay the principal of any Outstanding Bonds then having become due and payable, shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund. Packet Pg.2002 55600.00915\34953569.2 26 In the event that moneys on deposit in the Special Tax Fund will be insufficient on any Interest Payment Date for the Fiscal Agent to deposit the required amounts in the Interest Account and the Principal Account, as provided above, the Fiscal Agent shall deposit the available funds first to the Interest Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount of interest becoming due and payable on the Bonds on the Interest Payment Date, and shall then deposit the remaining available funds in the Special Tax Fund to the Principal Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount, if any, of principal becoming due and payable on the Bonds on the Interest Payment Date. If, after making such deposits to the Interest Account and the Principal Account, and after transferring moneys from the Reserve Fund to such accounts, as provided in Section 4.03(B) hereof, the amount on deposit in the Principal Account is insufficient to pay the full amount of the principal of each of the Bonds which is due or is to be redeemed on the Interest Payment Date, the Fiscal Agent shall make a prorated payment of the principal of each of such Bonds as specified in an Officer’s Certificate provided to the Fiscal Agent. (C) Special Tax Prepayments Account Deposits and Disbursements. Within ten (10) Business Days after receiving a Special Tax Prepayment the City shall deliver the amount thereof to the Fiscal Agent, together with an Officer’s Certificate notifying the Fiscal Agent that the amount being delivered is a Special Tax Prepayment which is to be deposited in the Special Tax Prepayments Account. Upon receiving a Special Tax Prepayment from the City and such an Officer’s Certificate, the Fiscal Agent shall deposit the amount of the Special Tax Prepayment in the Special Tax Prepayments Account. Such an Officer’s Certificate may be combined with the Officer’s Certificate which the City is required to deliver to the Fiscal Agent pursuant to Section 4.03(F) hereof. Moneys on deposit in the Special Tax Prepayments Account shall be transferred by the Fiscal Agent to the Principal Account on the next date for which notice of the redemption of the Bonds can timely be given under Section 2.03(F) hereof and shall be used to redeem the Bonds on the redemption date selected in accordance with Section 2.03(B) hereof. Pending such transfer, the moneys on deposit in the Special Tax Prepayments Account shall be invested in Defeasance Securities, in accordance with Section 6.01 hereof, at such yield as, in the opinion of Bond Counsel, is necessary to preserve the exclusion of interest on the Bonds from gross income for purposes of federal income taxation. Investment earnings on the moneys on deposit in the Special Tax Prepayments Account shall be retained in such account. The City shall provide direction in writing to the Fiscal Agent which shall include an exhibit of the Bond Counsel’s determination. (D) Investment. Except as provided in subsection (C) above, moneys in the Bond Fund, including all accounts therein, shall be invested and deposited in accordance with Section 6.01 hereof. Investment Earnings shall be retained in the Bond Fund, except to the extent they are required to be deposited by the Fiscal Agent in the Rebate Fund in accordance with Section 6.02 hereof. Amounts in the Bond Fund, including all accounts therein, shall also be withdrawn and deposited in the Rebate Fund as provided in Section 6.02 hereof. Section 4.03. Reserve Fund. (A) Establishment of Fund. There is hereby established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Packet Pg.2003 55600.00915\34953569.2 27 Bernardino 2022 Special Tax Bonds Reserve Fund” to the credit of which a deposit shall be made as required by paragraph (A) of Section 3.02 hereof, which deposit is equal to the Reserve Requirement, and to which deposits shall be made as provided in Section 3.04(B) hereof. Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of the principal of and interest and any premium on the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. (B) Use of Fund. Except as otherwise provided in this Section, (i) all amounts on deposit in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Interest Account and the Principal Account of the Bond Fund in the event of any deficiency at any time in either of such accounts of the amount then required for payment of the principal of and interest and any premium on the Bonds or, in accordance with the provisions of subsection (E) of this Section 4.03, for the purpose of redeeming Bonds. (C) Transfer Due to Deficiency in Interest and Principal Accounts. Whenever transfer is made from the Reserve Fund to the Interest Account or the Principal Account due to a deficiency in either such account, the Fiscal Agent shall provide written notice thereof to the City. (D) Transfer of Excess of Reserve Requirement. Whenever, on any September 2, the amount in the Reserve Fund, less Investment Earnings resulting from the investment of the funds therein which pursuant to Section 6.02 hereof must be rebated to the United States, as previously directed by the City, exceeds the Reserve Requirement, as calculated by the City, the Fiscal Agent shall provide written notice to the City of the amount of the excess. Upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), the Fiscal Agent shall, subject to the requirements of Section 6.02 hereof, transfer an amount from the Reserve Fund which will reduce the amount on deposit therein to an amount equal to the Reserve Requirement to the Interest Account and the Principal Account, in the priority specified in Section 4.02(B)(1) and (2) hereof, to be used for the payment of the interest on and principal of the Bonds on the next succeeding Interest Payment Date in accordance with Section 4.02 hereof. (E) Transfer When Balance Exceeds Outstanding Bonds. Whenever the balance in the Reserve Fund is equal to or exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall, upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), transfer the amount in the Reserve Fund to the Interest Account and the Principal Account, in the priority specified in Section 4.02(B)(1) and (2) hereof, to be applied, on the next succeeding Interest Payment Date, to the payment and redemption, in accordance with Section 2.03 and Section 4.02 hereof of all of the Outstanding Bonds. In the event that the amount available to be so transferred from the Reserve Fund to the Interest Account and the Principal Account exceeds the amount required to pay and redeem the Outstanding Bonds, the excess shall be transferred to the City to be used for any lawful purpose of the City. (F) Transfers on Payment of Special Tax Obligations. Whenever the City receives a Special Tax Prepayment, the City shall by an Officer’s Certificate notify the Fiscal Agent thereof and of the amount by which the Reserve Fund is to be reduced and which is Packet Pg.2004 55600.00915\34953569.2 28 transferrable from the Reserve Fund to the Principal Account of the Bond Fund, which amount shall be specified in the Officer’s Certificate. Each such Officer’s Certificate shall be accompanied by a report of an Independent Financial Consultant verifying the accuracy of the calculation of the amount to be transferred from the Reserve Fund to the Principal Account (“Verification”). Upon receipt of each such Officer’s Certificate and Verification, upon which the Fiscal Agent may conclusively rely, the Fiscal Agent shall at such time as the amount of such Special Tax Prepayment will be used to redeem Bonds, as provided in Section 4.02(B)(2) hereof, transfer the amount specified in such Officer’s Certificate to the Principal Account and use such amount, together with the amount of such Special Tax Prepayment, to redeem Bonds, as provided in Section 4.02(B)(2) hereof. Notwithstanding the preceding provisions of this subsection, no amount shall be transferred from the Reserve Fund to the Principal Account if the amount on deposit in the Reserve Fund is, or as a result of such transfer would be, less than the Reserve Requirement following such redemption. (G) Investment. Moneys on deposit in the Reserve Fund shall be invested in Permitted Investments which do not have maturities extending beyond five (5) years; provided, however, if the Reserve Fund is invested in an investment agreement (as defined in clause (vii) of the definition of Permitted Investments in Section 1.03 hereof) or a repurchase agreement (as defined in clause (xi) of such definition) such agreement may have a maturity longer than five (5) years if the Fiscal Agent is authorized by the provisions of such agreement to draw the full amount thereof, without penalty, if required for the purposes of the Reserve Fund. The City shall cause the Permitted Investments, other than such investment agreements, in which moneys on deposit in the Reserve Fund are invested to be valued at fair market value and at least once in each Fiscal Year. The Fiscal Agent’s pricing service, as reflected on its monthly statements, satisfies fair market value. ARTICLE V OTHER COVENANTS OF THE CITY Section 5.01. Punctual Payment. The City will punctually pay or cause to be paid the principal of and interest and any premium on the Bonds when and as due in strict conformity with the terms of this Agreement and any Supplemental Agreement to the extent that the Special Tax Revenues are available therefor, and it will faithfully observe and perform all of the conditions, covenants and requirements of this Agreement and all Supplemental Agreements and of the Bonds. Section 5.02. Special Obligation. The Bonds are special obligations of the City and the District and are payable solely from and secured solely by the Special Tax Revenues and the amounts in the Bond Fund, the Reserve Fund and the Special Tax Fund. Section 5.03. Extension of Time for Payment. In order to prevent any accumulation of claims for interest after maturity, the City shall not, directly or indirectly, extend or consent to the extension of the time for the payment of any claim for interest on any of the Bonds and shall not, directly or indirectly, be a party to the approval of any such arrangement by purchasing or funding said claims for interest or in any other manner. In case any such claim for interest shall be extended or funded, whether or not with the consent of the City, such claim for interest so extended or funded shall not be entitled, in case of default hereunder, to the benefits of this Agreement, except subject Packet Pg.2005 55600.00915\34953569.2 29 to the prior payment in full of the principal of all of the Bonds then Outstanding and of all claims for interest which shall not have been so extended or funded. Section 5.04. Against Encumbrances. The City shall not encumber, pledge or place any charge or lien upon any of the Special Tax Revenues or other amounts pledged to the Bonds superior to or on a parity with the pledge and lien herein created for the benefit of the Bonds, except as permitted by this Agreement. Section 5.05. Books and Accounts. The City shall keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the City in which complete and correct entries shall be made of all transactions relating to the expenditure of amounts disbursed from the Administrative Expense Fund. Such books of record and accounts shall at all times during business hours, upon reasonable notice, be subject to the inspection of the Owners of not less than ten percent (10%) of the aggregate principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing. Section 5.06. Protection of Security and Rights of Owners. The City will preserve and protect the security of the Bonds and the rights of the Owners, and will warrant and defend their rights against all claims and demands of all persons. From and after the delivery of any of the Bonds by the City, the Bonds shall be incontestable by the City. Section 5.07. Collection of Special Tax Revenues. The City shall comply with all requirements of the Act, including the enactment of necessary Ordinances, so as to assure the timely collection of Special Tax Revenues, including without limitation, the enforcement of the payment or collection of delinquent Special Taxes. On or within five (5) Business Days of June 1 of each year, the Fiscal Agent shall provide the City with a notice stating the amount then on deposit in the Special Tax Fund, the Bond Fund and the Reserve Fund (including all accounts and sub-accounts therein), the monthly statements provided by the Fiscal Agent shall satisfy this notice requirement. The receipt of such notice by the City or the failure of the Fiscal Agent to give such notice shall in no way affect the obligations of the City under the following two paragraphs. The Fiscal Agent shall have no liability if it does not provide such notice to the City. Upon receipt of such notice, the City shall communicate with the Auditor to ascertain the relevant parcels on which the Special Taxes are to be levied, taking into account any parcel splits during the preceding and then current Fiscal Year. The City shall effect the levy of the Special Taxes each Fiscal Year in accordance with the Act by August 10 of each year (or such later date as may be authorized by the Act or any amendment thereof) that the Bonds are Outstanding, such that the computation of the levy is complete before the final date on which the Auditor will accept the transmission of the Special Tax amounts for the parcels within the District for inclusion on the tax roll for the Fiscal Year then beginning. Upon the completion of the computation of the amounts of the levy of the Special Taxes, the City shall prepare or cause to be prepared, and shall transmit to the Auditor, such data as the Auditor requires to include the levy of the Special Taxes on the tax roll. Notwithstanding the preceding provisions of this paragraph, the City Council may elect, as permitted by the Act, to collect the Special Taxes to be levied for any Fiscal Year directly from the owners of the parcels of taxable property upon which the Special Taxes are levied rather than by transmitting the Special Packet Pg.2006 55600.00915\34953569.2 30 Taxes to the Auditor for collection on the tax roll; provided that, in such event, the City shall otherwise comply with the provisions of this Section 5.07. The City shall fix and levy the amount of Special Taxes within the District required for the payment of the principal of and interest on any Outstanding Bonds becoming due and payable during the ensuing calendar year, including any necessary replenishment of the Reserve Fund, and the amount estimated to be sufficient to pay the Administrative Expenses during such calendar year. The Special Taxes so levied shall not exceed the authorized amounts for the District as provided in the proceedings for the establishment of the District. The Special Taxes shall be payable and be collected (except in the event of judicial foreclosure proceedings pursuant to Section 5.11 hereof) in the same manner and at the same time and in the same installments as the general taxes on real property are payable, and have the same priority, become delinquent at the same times and in the same proportionate amounts and bear the same proportionate penalties and interest after delinquency as do the general taxes on real property. The City will not, in collecting the Special Taxes or in processing any such judicial foreclosure proceedings, exercise any authority which it has pursuant to Sections 53340, 53344.1, 53356.1 and 53356.5 of the California Government Code in any manner which would materially and adversely affect the interests of the Owners and, in particular, will not permit the tender of Bonds in full or partial payment of any Special Taxes except upon receipt of a certificate of an Independent Financial Consultant certifying that to accept such tender will not result in the City having insufficient Special Tax Revenues to pay the principal of and interest on the Bonds and remaining Outstanding following such tender. Section 5.08. Levy of Special Taxes for Administrative Expenses. The City covenants that, to the extent that it is legally permitted to do so, (a) it will levy the Special Taxes for the payment of the Administrative Expenses which are expected to be incurred in each Fiscal Year, and (b) it will not initiate proceedings under the Act to reduce the Maximum Special Tax rates (the “Maximum Rates”) on then existing Developed Property in the District below the amounts which are necessary to provide Special Tax Revenues in an amount equal to estimated Administrative Expenses for the then current Fiscal Year plus an amount equal to one hundred ten percent (110%) of Maximum Annual Debt Service on the Outstanding Bonds. For purposes of this Section, “Developed Property” has the meaning set forth in the Rate and Method of Apportionment. The City further covenants that in the event an ordinance is adopted by initiative pursuant to Section 3 of Article XIII C of the California Constitution, which purports to reduce or otherwise alter the Maximum Rates, it will commence and pursue legal action seeking to preserve its ability to comply with its covenant contained in the preceding paragraph. Section 5.09. Further Assurances. The City will adopt, make, execute and deliver any and all such further ordinances, resolutions, instruments and assurances as may be reasonably necessary or proper to carry out the intention or to facilitate the performance of this Agreement, and for better assuring and confirming unto the Owners of the Bonds of the rights and benefits provided in this Agreement. Packet Pg.2007 55600.00915\34953569.2 31 Section 5.10. Tax Covenants. The City covenants that: (A) It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of the initial issuance and delivery of the Bonds, would have caused any of the Bonds to be “arbitrage bonds” within the meaning of Section 103(b) and Section 148 of the Code; (B) It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would result in loss of exclusion from gross income for purposes of federal income taxation under Section 103(a) of the Code of interest paid with respect to the Bonds; (C) It will not take any action or omit to take any action, which action or omission, if reasonably expected on the date of initial issuance and delivery of the Bonds, would have caused any of the Bonds to be “private activity bonds” within the meaning of Section 141 of the Code; (D) It will comply with the Rebate Certificate as a source of guidance for achieving compliance with the Code; and (E) In order to maintain the exclusion from gross income for purposes of federal income taxation of interest paid with respect to the Bonds, it will comply with each applicable requirement of Section 103 and Sections 141 through 150 of the Code. The covenants of the City contained in this Section 5.10 shall survive the payment, redemption or defeasance of Bonds pursuant to Section 10.03 hereof. Section 5.11. Covenant to Foreclose. Pursuant to Section 53356.1 of the California Government Code, the City covenants with and for the benefit of the Owners of the Bonds that: (i) it will order, and cause to be commenced, judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by the October 1 following the close of the Fiscal Year in which such Special Taxes were due, and (ii) if the amount on deposit in the Reserve Fund is less than the Reserve Requirement it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by the October 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than ninety-five percent (95%) of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. Section 5.12. Prepayment of Special Taxes. The City shall cause all applications of owners of property in the District to prepay and satisfy the Special Tax obligation for their property to be reviewed by the Tax Consultant and shall not accept any such prepayment unless such consultant certifies in writing that following the acceptance of the proposed prepayment by the City and the redemption of Bonds with such prepayment, the maximum amount of the Special Taxes that may be levied on all Taxable Property (as defined in the Rate and Method of Apportionment) in the District following such prepayment will be at least 1.10 times Maximum Annual Debt Service on the Bonds which will remain Outstanding following such redemption plus estimated Administrative Expenses. Packet Pg.2008 55600.00915\34953569.2 32 Section 5.13. Calculation of Prepayments. The City will cause all Special Tax Prepayments to be calculated to include the amount of the premium on the Outstanding Bonds that will be redeemed with the Special Tax Prepayment and negative arbitrage on the investment of the Special Tax Prepayment from the date of receipt until the Interest Payment Date upon which the Special Tax Prepayment and the amount to be transferred from the Reserve Fund to the Principal Account pursuant to Section 4.03(F) hereof will be used to redeem Outstanding Bonds pursuant to Section 2.03(B) hereof. The City will not include in any calculation of the amount of any Special Tax Prepayment for any parcel of taxable property in the District a proportionate amount of the amount then on deposit in the Reserve Fund, if at the time of such calculation the amount on deposit in the Reserve Fund is less than the Reserve Requirement. Section 5.14. Continuing Disclosure. The City hereby covenants and agrees that they will comply with and carry out all of the provisions of the Continuing Disclosure Certificate. Section 5.15. Accountability Measures. The City shall comply with the requirements of Section 53410 of the California Government Code with respect to the deposit and expenditure of the Proceeds of the sale of the Bonds and shall cause the appropriate officer of the City to file a report with the City Council no later than January 31, 2019, and annually thereafter, which shall contain the information required by Section 53411 of the California Government Code with respect to the expenditure of the Proceeds. ARTICLE VI INVESTMENTS; DISPOSITION OF INVESTMENT PROCEEDS; LIABILITY OF THE CITY Section 6.01. Deposit and Investment of Moneys in Funds. Subject in all respects to the provisions of Section 6.02 hereof, moneys in any fund or account created or established by this Agreement and held by the Fiscal Agent shall be invested by the Fiscal Agent in Permitted Investments, as directed pursuant to an Officer’s Certificate filed with the Fiscal Agent at least two (2) Business Days in advance of the making of such investments. In the absence of any such Officer’s Certificate, the Fiscal Agent shall hold funds uninvested. The Fiscal Agent shall not have any responsibility for determining the legality of any Permitted Investments. The Fiscal Agent shall have no obligation to pay additional interest or maximize investment income on any funds held by it. Neither the City nor the Owners of the Bonds shall have any claim of any kind against the Fiscal Agent in connection with investments properly made pursuant to this Section 6.01. Obligations purchased as an investment of moneys in any fund or account shall be deemed to be part of such fund or account, subject, however, to the requirements of this Agreement for transfer of Investment Earnings in funds and accounts. The Fiscal Agent and its affiliates may act as sponsor, advisor, depository, principal or agent in the holding, acquisition or disposition of any investment. The Fiscal Agent shall not incur any liability for losses arising from any investments made pursuant to this Section 6.01. For purposes of determining the amount on deposit in any fund or account held hereunder, all Permitted Investments or investments credited to such fund or account shall be valued at the cost thereof (excluding accrued interest and brokerage commissions, if any). Packet Pg.2009 55600.00915\34953569.2 33 Subject in all respects to the provisions of Section 6.02 hereof, investments in any and all funds and accounts may be commingled in a single fund for purposes of making, holding and disposing of investments, notwithstanding provisions herein for transfer to or holding in or to the credit of particular funds or accounts of amounts received or held by the Fiscal Agent hereunder, provided that the Fiscal Agent shall at all times account for such investments strictly in accordance with the funds and accounts to which they are credited and otherwise as provided in this Agreement. The Fiscal Agent shall sell or present for redemption, any investment security whenever it shall be necessary to provide moneys to meet any required payment, transfer, withdrawal or disbursement from the fund or account to which such investment security is credited, and the Fiscal Agent shall not be liable or responsible for any loss resulting from the acquisition or disposition of any such investment security in accordance herewith. The City acknowledges that to the extent regulations of the Comptroller of the Currency or other applicable regulatory entity grant the City or the District the right to receive brokerage confirmations of securities transactions as they occur, the City for itself and the District specifically waives receipt of such confirmations to the extent permitted by law. The Fiscal Agent shall furnish the City periodic cash transaction statements which include detail for all investment transactions made by the Fiscal Agent hereunder. The Fiscal Agent may make any investments hereunder through its own bond or investment department or trust investment department, or those of its parent or any affiliate. Section 6.02. Rebate Fund; Rebate to the United States. There is hereby created, to be held by the Fiscal Agent, as a separate account distinct from all other funds and accounts held by the Fiscal Agent under this Agreement, the Rebate Fund. The Fiscal Agent shall, in accordance with written directions received from an Authorized Officer, deposit into the Rebate Fund moneys transferred by the City to the Fiscal Agent pursuant to the Rebate Certificate or moneys transferred by the Fiscal Agent from the Reserve Fund. The Rebate Fund shall be held either uninvested or invested only in Federal Securities at the written direction of the City. Moneys on deposit in the Rebate Fund shall be applied only to payments made to the United States, to the extent such payments are required by the Rebate Certificate. The Fiscal Agent shall, upon written request and direction of the City, make such payments to the United States. The Fiscal Agent may rely conclusively upon the City’s determinations, calculations and certifications required by this Section. The Fiscal Agent shall have no responsibility to independently make any calculation or determination or to review the City’s calculations hereunder. The Fiscal Agent’s sole responsibilities under this Section 6.02 are to follow the written instructions of the City pertaining hereto. The City shall be responsible for any fees and expenses incurred by the Fiscal Agent pursuant to this Section 6.02. The Fiscal Agent shall, upon written request and direction from the City, transfer to or upon the order of the City any moneys on deposit in the Rebate Fund in excess of the amount, if any, required to be maintained or held therein in accordance with the Rebate Certificate. Packet Pg.2010 55600.00915\34953569.2 34 Section 6.03. Liability of City. The City shall not incur any responsibility in respect of the Bonds or this Agreement other than in connection with the duties or obligations explicitly herein or in the Bonds assigned to or imposed upon it. The City shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful default. The City shall not be bound to ascertain or inquire as to the performance or observance of any of the terms, conditions, covenants or agreements of the Fiscal Agent herein or of any of the documents executed by the Fiscal Agent in connection with the Bonds. In the absence of bad faith, the City may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the City and conforming to the requirements of this Agreement. The City shall not be liable for any error of judgment made in good faith unless it shall be proved that it was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the City to expend or risk its own general funds or otherwise incur any financial liability (other than with respect to the Special Tax Revenues) in the performance of any of its obligations hereunder, or in the exercise of and of its rights or powers, if it shall have reasonable grounds for believing that repayment of such funds or adequate indemnity against such risk or liability is not reasonably assured to it. The City may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The City may consult with counsel, who may be counsel to the City, with regard to legal questions, and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by it hereunder in good faith and in accordance therewith. Whenever in the administration of its duties under this Agreement the City shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the City, be deemed to be conclusively proved and established by a certificate of the Fiscal Agent, and such certificate shall be full warranty to the City for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the City may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 6.04. Employment of Agents by City. In order to perform its duties and obligations hereunder, the City may employ such persons or entities as it deems necessary or advisable. The City shall not be liable for any of the acts or omissions of such persons or entities employed by it in good faith hereunder, and shall be entitled to rely, and shall be fully protected in doing so, upon the opinions, calculations, determinations and directions of such persons or entities. Packet Pg.2011 55600.00915\34953569.2 35 ARTICLE VII THE FISCAL AGENT Section 7.01. Appointment of Fiscal Agent. U.S. Bank Trust Company, National Association is hereby appointed Fiscal Agent, registrar and paying agent for the Bonds. The Fiscal Agent undertakes to perform such duties, and only such duties, as are specifically set forth in this Agreement, and no implied covenants or obligations shall be read into this Agreement against the Fiscal Agent. Any company into which the Fiscal Agent may be merged or converted or with which it may be consolidated or any company resulting from any merger, conversion or consolidation to which it shall be a party or any company to which the Fiscal Agent may sell or transfer all or substantially all of its corporate trust business, provided such company shall be eligible under the following paragraph of this Section 7.01, shall be the successor to the Fiscal Agent without the execution or filing of any paper or any further act, anything herein to the contrary notwithstanding. The City may, upon a 30-day notice of removal, remove the Fiscal Agent initially appointed, and any successor thereto, and may appoint a successor or successors thereto, but any such successor shall be a bank, national banking association, corporation or trust company having a combined capital (exclusive of borrowed capital) and surplus of at least $50,000,000, and subject to supervision or examination by federal or state authority. If such bank, national banking association, corporation or trust company publishes a report of condition at least annually, pursuant to law or to the requirements of any supervising or examining authority above referred to, then for the purposes of this Section 7.01, combined capital and surplus of such bank, national banking association or trust company shall be deemed to be its combined capital and surplus as set forth in its most recent report of condition so published. The Fiscal Agent may at any time resign by giving written notice to the City and by giving to the Owners notice by mail of such resignation. Upon receiving notice of such resignation, the City shall promptly appoint a successor Fiscal Agent by an instrument in writing. Any resignation or removal of the Fiscal Agent shall become effective upon acceptance of appointment by the successor Fiscal Agent. If no appointment of a successor Fiscal Agent shall be made pursuant to the foregoing provisions of this Section 7.01 within forty-five (45) days after the Fiscal Agent shall have given to the City written notice or after a vacancy in the office of the Fiscal Agent shall have occurred by reason of its inability to act, the Fiscal Agent, at the expense of the City, or any Owner may apply to any court of competent jurisdiction to appoint a successor Fiscal Agent. Said court may thereupon, after such notice, if any, as such court may deem proper, appoint a successor Fiscal Agent. Section 7.02. Liability of Fiscal Agent. The recitals of facts, covenants and agreements herein and in the Bonds contained shall be taken as statements, covenants and agreements of the City and the District, and the Fiscal Agent assumes no responsibility for the correctness of the same, nor makes any representations as to the validity or sufficiency of this Agreement or of the Bonds, nor shall the Fiscal Agent incur any responsibility in respect thereof, other than in connection with the duties or obligations herein or in the Bonds assigned to or imposed upon it. Packet Pg.2012 55600.00915\34953569.2 36 The Fiscal Agent shall not be liable in connection with the performance of its duties hereunder, except for its own negligence or willful misconduct. The Fiscal Agent assumes no responsibility or liability for any information, statement or recital in any offering memorandum or other disclosure material prepared or distributed with respect to the issuance of the Bonds. In the absence of bad faith, the Fiscal Agent may conclusively rely, as to the truth of the statements and the correctness of the opinions expressed therein, upon certificates or opinions furnished to the Fiscal Agent and conforming to the requirements of this Agreement. Except as provided above in this paragraph, the Fiscal Agent shall be protected and shall incur no liability in acting or proceeding, or in not acting or not proceeding, in good faith, reasonably and in accordance with the terms of this Agreement, upon any resolution, order, notice, request, consent or waiver, certificate, statement, affidavit, or other paper or document which it shall in good faith reasonably believe to be genuine and to have been adopted or signed by the proper person or to have been prepared and furnished pursuant to any provision of this Agreement, and the Fiscal Agent shall not be under any duty to make any investigation or inquiry as to any statements contained or matters referred to in any such instrument. The Fiscal Agent shall not be liable for any error of judgment made in good faith by the Fiscal Agent unless it shall be proved that the Fiscal Agent was negligent in ascertaining the pertinent facts. No provision of this Agreement shall require the Fiscal Agent to expend or risk its own funds or otherwise incur any financial liability in the performance of any of its duties hereunder, or in the exercise of any of its rights or powers. The Fiscal Agent shall not be responsible for accounting for, or paying to, any party to this Agreement, including, but not limited to the City and the Owners, any returns on or benefit from funds held for payment of unredeemed Bonds or outstanding checks and no calculation of the same shall affect, or result in any offset against, fees due to the Fiscal Agent under this Agreement. The Fiscal Agent shall be under no obligation to exercise any of the rights or powers vested in it by this Agreement at the request or direction of any of the Owners pursuant to this Agreement unless such Owners shall have offered to the Fiscal Agent reasonable security or indemnity against the costs, expenses and liabilities which might be incurred by it in compliance with such request or direction. The Fiscal Agent may become the owner of the Bonds with the same rights it would have if it were not the Fiscal Agent. All indemnification and releases from liability granted herein to the Fiscal Agent shall extend to the directors, officers and employees of the Fiscal Agent. The Fiscal Agent shall have the right to accept and act upon instructions, including funds transfer instructions (“Instructions”) given pursuant to this Agreement and delivered using Electronic Means (“Electronic Means” shall mean the following communications methods: e-mail, facsimile transmission, secure electronic transmission containing applicable authorization codes, passwords and/or authentication keys issued by the Fiscal Agent, or another method or system specified by the Fiscal Agent as available for use in connection with its services hereunder); Packet Pg.2013 55600.00915\34953569.2 37 provided, however, that the City shall provide to the Fiscal Agent an incumbency certificate listing officers with the authority to provide such Instructions (“Authorized Officers”) and containing specimen signatures of such Authorized Officers, which incumbency certificate shall be amended by the City whenever a person is to be added or deleted from the listing. If the City elects to give the Fiscal Agent Instructions using Electronic Means and the Fiscal Agent in its discretion elects to act upon such Instructions, the Fiscal Agent’s understanding of such Instructions shall be deemed controlling. The City understands and agrees that the Fiscal Agent cannot determine the identity of the actual sender of such Instructions and that the Fiscal Agent shall conclusively presume that directions that purport to have been sent by an Authorized Officer listed on the incumbency certificate provided to the Fiscal Agent have been sent by such Authorized Officer. The City shall be responsible for ensuring that only Authorized Officers transmit such Instructions to the Fiscal Agent and that the City and all Authorized Officers are solely responsible to safeguard the use and confidentiality of applicable user and authorization codes, passwords and/or authentication keys upon receipt by the City. The Fiscal Agent shall not be liable for any losses, costs or expenses arising directly or indirectly from the Fiscal Agent’s reliance upon and compliance with such Instructions notwithstanding such directions conflict or are inconsistent with a subsequent written instruction. The City agrees: (i) to assume all risks arising out of the use of Electronic Means to submit Instructions to the Fiscal Agent, including without limitation the risk of the Fiscal Agent acting on unauthorized Instructions, and the risk of interception and misuse by third parties; (ii) that it is fully informed of the protections and risks associated with the various methods of transmitting Instructions to the Fiscal Agent and that there may be more secure methods of transmitting Instructions than the method(s) selected by the City; (iii) that the security procedures (if any) to be followed in connection with its transmission of Instructions provide to it a commercially reasonable degree of protection in light of its particular needs and circumstances; and (iv) to notify the Fiscal Agent immediately upon learning of any compromise or unauthorized use of the security procedures. The permissive right of the Fiscal Agent to do things enumerated in this Agreement shall not be construed as a duty and it shall not be answerable for other than its negligence or willful misconduct. The Fiscal Agent may execute any of the trusts or powers hereof and perform the duties required of it hereunder by or through attorneys, agents, affiliates, or receivers, and shall be entitled to advice of counsel concerning all matters of trust and its duty hereunder, and the Fiscal Agent shall not be answerable for any willful misconduct or negligence on the part of any attorney, agent or receiver selected by it with reasonable care. Section 7.03. Information. The Fiscal Agent shall provide to the City such information relating to the Bonds and the funds and accounts maintained by the Fiscal Agent hereunder as the City shall reasonably request, including, but not limited to, quarterly statements reporting funds held and transactions by the Fiscal Agent. Section 7.04. Notice to Fiscal Agent. The Fiscal Agent may rely and shall be protected in acting or refraining from acting upon any notice, resolution, request, consent, order, certificate, report, warrant, Bond or other paper or document believed by it to be genuine and to have been signed or presented by the proper party or proper parties. The Fiscal Agent may consult with counsel, who may be counsel to the City, with regard to legal questions, and the advice or opinion Packet Pg.2014 55600.00915\34953569.2 38 of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Fiscal Agent hereunder in good faith and in accordance therewith. Whenever in the administration of its duties under this Agreement the Fiscal Agent shall deem it necessary or desirable that a matter be proved or established prior to taking or suffering any action hereunder, such matter (unless other evidence in respect thereof be herein specifically prescribed) may, in the absence of willful misconduct on the part of the Fiscal Agent, be deemed to be conclusively proved and established by a certificate of the City, and such certificate shall be full warranty to the Fiscal Agent for any action taken or suffered under the provisions of this Agreement or any Supplemental Agreement upon the faith thereof, but in its discretion the Fiscal Agent may, in lieu thereof, accept other evidence of such matter or may require such additional evidence as to it may seem reasonable. Section 7.05. Compensation, Indemnification. The City shall pay to the Fiscal Agent from time to time reasonable compensation for all services rendered as Fiscal Agent under this Agreement, and also all reasonable expenses, charges, fees and other disbursements, including those of its attorneys, agents and employees, incurred in and about the performance of its powers and duties under this Agreement, and the Fiscal Agent shall have a first priority lien therefor on any funds at any time held by it in the Administrative Expense Fund, and the Fiscal Agent shall pay and reimburse all expenses, charges, fees and other disbursements, including those of its attorneys, agents and employees, incurred in connection therewith from the funds held by it in the Administrative Expense Fund. The City further agrees, to the extent permitted by applicable law, to indemnify and save the Fiscal Agent, its officers, employees, directors and agents, harmless against any liabilities, costs, claims, expenses or charges of any kind whatsoever (including fees and expenses of its attorneys) which it may incur in the exercise and performance of its powers and duties hereunder which are not due to its negligence or willful misconduct. The obligation of the City under this Section 7.05 shall survive resignation or removal of the Fiscal Agent under this Agreement and payment of the Bonds and discharge of this Agreement. Section 7.06. Books and Accounts. The Fiscal Agent shall keep, or cause to be kept, proper books of record and accounts, separate from all other records and accounts of the Fiscal Agent, in which complete and correct entries shall be made of all transactions made by it to the expenditure of amounts disbursed from the Bond Fund, the Special Tax Fund, the Administrative Expense Fund, the Reserve Fund and the Costs of Issuance Fund. Such books of record and accounts shall, upon reasonable notice, at all times during business hours be subject to the inspection of the City and the Owners of not less than ten percent (10%) of the aggregate principal amount of the Bonds then Outstanding, or their representatives duly authorized in writing. ARTICLE VIII MODIFICATION OR AMENDMENT OF THIS AGREEMENT Section 8.01. Amendments Permitted. (A) This Agreement and the rights and obligations of the District and the City and of the Owners of the Bonds may be modified or amended at any time by a Supplemental Agreement pursuant to the affirmative vote at a meeting of the Owners, or with the written consent, without a meeting, of the Owners of at least sixty percent (60%) in aggregate principal amount of Packet Pg.2015 55600.00915\34953569.2 39 the Bonds then Outstanding, exclusive of Bonds disqualified as provided in Section 8.04 hereof. No such modification or amendment shall (i) extend the maturity of any Bond or the time for paying interest thereon, or otherwise alter or impair the obligation of the City on behalf of the District to pay the principal of, and the interest and any premium on, any Bond, without the express consent of the Owner of such Bond, or (ii) permit the creation of any pledge of or lien upon the Special Tax Revenues, or the moneys on deposit in the Special Tax Fund, the Bond Fund or the Reserve Fund, superior to or on a parity with the pledge and lien created for the benefit of the Bonds (except as otherwise permitted by the Act, the laws of the State of California and this Agreement), (iii) reduce the percentage of Bonds required for the amendment hereof, or (iv) reduce the principal amount of or redemption premium on any Bond or reduce the interest rate thereon. Any such amendment may not modify any of the rights or obligations of the Fiscal Agent without its written consent. The Fiscal Agent shall be furnished an opinion of counsel that any such Supplemental Agreement entered into by the City and the Fiscal Agent complies with the provisions of this Section 8.01 and the Fiscal Agent may conclusively rely on such opinion. (B) This Agreement and the rights and obligations of the District and the City and the Owners may also be modified or amended at any time by a Supplemental Agreement, without the consent of any Owners, only to the extent permitted by law and only for any one or more of the following purposes: (1) to add to the covenants and agreements of the City and the District in this Agreement contained, other covenants and agreements thereafter to be observed, or to limit or surrender any right or power herein reserved to or conferred upon the City and the District; (2) to make modifications not adversely affecting any Outstanding Bonds in any material respect; (3) to make such provisions for the purpose of curing any ambiguity, or of curing, correcting or supplementing any defective provisions of this Agreement, or in regard to questions arising under this Agreement, as the City and the Fiscal Agent may deem necessary or desirable and not inconsistent with this Agreement, and which shall not adversely affect the rights of the Owners; (4) to make such additions, deletions or modifications as may be necessary or desirable to assure compliance with Section 148 of the Code relating to required rebate of moneys to the United States or otherwise as may be necessary to assure exclusion from gross income for federal income tax purposes of interest on the Bonds or to conform with the Regulations; or (5) to provide for the issuance of Parity Bonds to pay and discharge the indebtedness of a portion of the Outstanding Bonds pursuant to Section 2.13 and Section 10.03 hereof. Section 8.02. Owners’ Meetings. The City may at any time call a meeting of the Owners. In such event, the City is authorized to fix the time and place of any such meeting and to provide for the giving of notice thereof and to fix and adopt rules and regulations for the conduct of the meeting. Packet Pg.2016 55600.00915\34953569.2 40 Section 8.03. Procedure for Amendment with Written Consent of Owners. The City and the Fiscal Agent may at any time enter into a Supplemental Agreement amending the provisions of the Bonds or of this Agreement or any Supplemental Agreement, to the extent that such amendment is permitted by Section 8.01(A) hereof, to take effect when and as provided in this Section 8.03. A copy of the Supplemental Agreement, together with a request to Owners for their consent thereto, shall be mailed by first class mail, postage prepaid, by the Fiscal Agent to each Owner of Bonds Outstanding, but failure to mail copies of the Supplemental Agreement and request shall not affect the validity of the Supplemental Agreement when assented to as in this Section provided. Such a Supplemental Agreement shall not become effective unless there shall be filed with the Fiscal Agent the written consents of the Owners of at least sixty percent (60%) in aggregate principal amount of the Bonds then Outstanding (exclusive of Bonds disqualified as provided in Section 8.04) and a notice shall have been mailed as hereinafter in this Section provided. Each such consent shall be effective only if accompanied by proof of ownership of the Bonds for which such consent is given, which proof shall be such as is permitted by Section 10.04 hereof. Any such consent shall be binding upon the Owner of the Bonds giving such consent and on any subsequent Owner (whether or not such subsequent Owner has notice thereof) unless such consent is revoked in writing by the Owner giving such consent or a subsequent Owner by filing such revocation with the Fiscal Agent prior to the date when the notice hereinafter in this Section provided for has been mailed. After the Owners of the required percentage of Bonds shall have filed their consents to the Supplemental Agreement, the City shall mail a notice to the Owners in the manner hereinbefore provided in this Section for the mailing of the Supplemental Agreement, stating in substance that the Supplemental Agreement has been consented to by the Owners of the required percentage of Bonds and will be effective as provided in this Section (but failure to mail copies of said notice shall not affect the validity of the Supplemental Agreement or consents thereto). Proof of the mailing of such notice shall be filed with the Fiscal Agent. A record, consisting of the documents required by this Section 8.03 to be filed with the Fiscal Agent, shall be proof of the matters therein stated until the contrary is proved. The Supplemental Agreement shall become effective upon the filing with the Fiscal Agent of the proof of mailing of such notice, and the Supplemental Agreement shall be deemed conclusively binding (except as otherwise hereinabove specifically provided in this Article VIII) upon the City, the District and the Owners of all Bonds then Outstanding at the expiration of sixty (60) days after such filing, except in the event of a final decree of a court of competent jurisdiction setting aside such consent in a legal action or equitable proceeding for such purpose commenced within such sixty (60)-day period. Section 8.04. Disqualified Bonds. Bonds owned or held for the account of the City, excepting any pension or retirement fund, shall not be deemed Outstanding for the purpose of any vote, consent or other action or any calculation of Outstanding Bonds provided for in this Article VIII, and shall not be entitled to vote upon, consent to, or participate in any action provided for in this Article VIII. Upon request of the Fiscal Agent, the City shall specify to the Fiscal Agent those Bonds disqualified pursuant to this Section and the Fiscal Agent may conclusively rely on such certificate. Packet Pg.2017 55600.00915\34953569.2 41 Section 8.05. Effect of Supplemental Agreement. From and after the time any Supplemental Agreement becomes effective pursuant to this Article VIII, this Agreement shall be deemed to be modified and amended in accordance therewith, and the respective rights, duties and obligations under this Agreement of the City and all Owners of Bonds Outstanding shall thereafter be determined, exercised and enforced hereunder subject in all respects to such modifications and amendments, and all the terms and conditions of any such Supplemental Agreement shall be deemed to be part of the terms and conditions of this Agreement for any and all purposes. Section 8.06. Endorsement or Replacement of Bonds Issued After Amendments. The City may determine that Bonds issued and delivered after the effective date of any action taken as provided in this Article VIII shall bear a notation, by endorsement or otherwise, in form approved by the City, as to such action. In that case, upon demand of the Owner of any Bond Outstanding at such effective date and upon presentation of his Bond for that purpose at the Principal Office of the Fiscal Agent or at such other office as the City may select and designate for that purpose, a suitable notation shall be made on such Bond. The City may determine that new Bonds, so modified as in the opinion of the City is necessary to conform to such action, shall be prepared, executed and delivered. In that case, upon demand of the Owner of any Bonds then Outstanding, such new Bonds shall be exchanged at the Principal Office of the Fiscal Agent without cost to any Owner, for like Bonds then Outstanding, upon surrender of such Bonds. Section 8.07. Amendatory Endorsement of Bonds. The provisions of this Article VIII shall not prevent any Owner from accepting any amendment as to the particular Bonds held by him, provided that due notation thereof is made on such Bonds. ARTICLE IX EVENTS OF DEFAULT AND REMEDIES Section 9.01. Events of Default. Any one or more of the following events shall be an Event of Default: (a) failure to pay any installment of principal of any Bonds when and as the same shall become due and payable, whether at maturity as therein expressed, by proceedings for redemption or otherwise; (b) failure to pay any installment of interest on any Bonds when and as the same shall become due and payable; or (c) other than as referred to in subsection (a) or (b), failure by the City, for and on behalf of the District, to observe or perform any covenant, condition, agreement or provision in this Agreement on its part to be observed or performed for a period of thirty (30) days after written notice, specifying such failure and requesting that it be remedied, has been given to the City by the Fiscal Agent or the Owners of 25% in aggregate principal amount of the Outstanding Bonds ; except that, if such failure can be remedied but not within such thirty (30) day period and if the City has taken all action reasonably possible to remedy such failure within such thirty (30) day period, such failure shall not become an Event of Default for so long as the City shall diligently proceed to remedy same. Packet Pg.2018 55600.00915\34953569.2 42 Section 9.02. Remedies of Owners. Upon the occurrence and continuance of an Event of Default, the Owners shall have the right to exercise all remedies contemplated under this Agreement as follows: (a) by mandamus or other action, suit, or proceeding at law or in equity to enforce the Owner's rights against the City, and its members, officers and employees, and to compel the City, and its members, officers and employees perform and carry out their duties under the Act and the agreements and covenants with the Owner contained herein; (b) by suit in equity to enjoin any acts or things that are unlawful or violate the rights of the Owners; or (c) by suit, action or proceeding in any court of competent jurisdiction, to require the City and its officers and employees, acting for and on behalf of the District, to account as if it and they were the trustees of an express trust. Section 9.03. Application of Special Taxes and Other Funds After Default. If an Event of Default shall occur and be continuing, all Special Taxes, including any penalties, costs, fees and other charges accruing under the Act, and any other funds then held or thereafter received by the Fiscal Agent under any of the provisions of this Agreement shall be applied by the Fiscal Agent as follows and in the following order: First, to the payment of any expenses necessary in the opinion of the Fiscal Agent to protect the interests of the Owners of the Bonds and payment of reasonable fees, charges, and expenses of the Fiscal Agent (including reasonable fees and disbursements of its counsel) incurred in and about the performance of its powers and duties under this Agreement; Second, to the payment of the principal of and interest then due with respect to the Bonds (upon presentation of the Bonds to be paid, and stamping thereon of the payment if only partially paid, or surrender thereof if fully paid) subject to the provisions of this Agreement, as follows: (a) to the payment of all installments of interest then due in the order of the maturity of such installments, and, if the amount available shall not be sufficient to pay in full any installment or installments maturing on the same date, then to the payment thereof ratably, according to the amounts due thereon, without any discrimination or preference; and (b) to the payment of the unpaid principal of any Bonds which shall have become due, whether at maturity or by call for redemption, with interest on the overdue principal at the rate borne by the respective Bonds on the date of maturity or redemption, and, if the amount available shall not be sufficient to pay in full all the Bonds, together with such interest, then to the payment thereof ratably, according to the amounts of principal due on such date, without any discrimination or preference. Section 9.04. Restoration of Positions. In case any proceedings taken by the Owners on account of any Event of Default shall have been discontinued or abandoned for any reason or shall have been determined adversely to the Owners, then in every such case the City and the Owners, subject to any determination in such proceedings, shall be restored to their former positions and Packet Pg.2019 55600.00915\34953569.2 43 rights hereunder, severally and respectively, and all rights, remedies, powers, and duties of the City and the Owners shall continue as though no such proceedings had been taken. Section 9.05. Rights and Remedies Cumulative. No right or remedy herein conferred upon or reserved to the Owners is intended to be exclusive of any other right or remedy, and every right and remedy shall, to the extent permitted by law, be cumulative and in addition to every other right or remedy given hereunder or now or hereafter existing at law or in equity or otherwise. The assertion or employment of any right or remedy hereunder, or otherwise, shall not prevent the concurrent assertion or employment of any other appropriate right or remedy. Section 9.06. Delay or Omission Not Waiver. No delay or omission of any Owners to exercise any right or remedy accruing upon an Event of Default shall impair any such right or remedy or constitute a waiver of any such Event of Default or an acquiescence therein. Every right and remedy given by this Agreement or by law to the Owners of the Bonds may be exercised from time to time, and as often as may be deemed expedient, by the Owners. ARTICLE X MISCELLANEOUS Section 10.01. Benefits of Agreement Limited to Parties. Nothing in this Agreement, expressed or implied, is intended to give to any person other than the City, the Fiscal Agent and the Owners, any right, remedy or claim under or by reason of this Agreement. Any covenants, stipulations, promises or agreements in this Agreement contained by and on behalf of the City shall be for the sole and exclusive benefit of the Owners and the Fiscal Agent. Section 10.02. Successor is Deemed Included in All References to Predecessor. Whenever in this Agreement or any Supplemental Agreement either the City or the Fiscal Agent is named or referred to, such reference shall be deemed to include the successors or assigns thereof, and all the covenants and agreements in this Agreement contained by or on behalf of the City or the Fiscal Agent shall bind and inure to the benefit of the respective successors and assigns thereof whether so expressed or not. Section 10.03. Discharge of Agreement. If the City shall pay and discharge the indebtedness on all or a portion (a “Partial Discharge”) of the Outstanding Bonds in any one or more of the following ways: (A) by well and truly paying or causing to be paid the principal of and interest and any premium on such Bonds, as and when the same become due and payable; (B) by depositing with the Fiscal Agent, in trust, at or before maturity, an amount of money which, together with the amounts then on deposit in the Bond Fund (including all accounts therein), the Special Tax Fund and the Reserve Fund, or in the event of a Partial Discharge, the appropriate portion of such amounts, as determined by the City, is fully sufficient to pay such Bonds, including all principal, interest and redemption premiums, if any; or (C) by irrevocably depositing with the Fiscal Agent, in trust, cash or non- callable Defeasance Securities in such amount as the City shall determine, as confirmed by an Packet Pg.2020 55600.00915\34953569.2 44 Independent Financial Consultant, will, together with the interest to accrue thereon and amounts then on deposit in the Bond Fund (including all accounts therein), the Special Tax Fund and the Reserve Fund, or in the event of a Partial Discharge, the appropriate portion of such amounts, as determined by the City and confirmed by an Independent Financial Consultant, be fully sufficient to pay and discharge the indebtedness on such Bonds (including all principal, interest and redemption premiums) at or before their respective maturity dates; and if such Bonds are to be redeemed prior to the maturity thereof, notice of such redemption shall have been given as in this Agreement provided or provision satisfactory to the Fiscal Agent shall have been made for the giving of such notice, then, at the election of the City, and notwithstanding that any such Bonds shall not have been surrendered for payment, the pledge of the Special Tax Revenues and other funds provided for in this Agreement and all other obligations of the City and the District under this Agreement with respect to such Bonds shall cease and terminate, except the obligation of the City to pay or cause to be paid to the Owners of such Bonds not so surrendered and paid all sums due thereon, the obligation of the City to pay all amounts owing to the Fiscal Agent pursuant to Section 7.05 hereof, and the obligations of the City pursuant to the covenants contained in Section 5.10 hereof; and thereafter Special Taxes shall not be payable to the Fiscal Agent. Notice of such election shall be filed with the Fiscal Agent. The satisfaction and discharge of this Agreement as to all of the Outstanding Bonds shall be without prejudice to the rights of the Fiscal Agent to charge and be reimbursed by the City for the expenses which it shall thereafter incur in connection herewith. Any funds held by the Fiscal Agent to pay and discharge the indebtedness on such Bonds, upon payment of all fees and expenses of the Fiscal Agent, which are not required for such purpose, shall be paid over to the City. Section 10.04. Execution of Documents and Proof of Ownership by Owners. Any request, declaration or other instrument which this Agreement may require or permit to be executed by Owners may be in one or more instruments of similar tenor, and shall be executed by Owners in person or by their attorneys appointed in writing. Except as otherwise herein expressly provided, the fact and date of the execution by any Owner or his attorney of such a request, declaration or other instrument, or of a writing appointing such an attorney, may be proved by the certificate of any notary public or other officer authorized to take acknowledgments of deeds to be recorded in the state in which he purports to act, that the person signing such request, declaration or other instrument or writing acknowledged to him the execution thereof, or by an affidavit of a witness of such execution, duly sworn to before such a notary public or other officer. Except as otherwise herein expressly provided, the ownership of registered Bonds and the amount, maturity, number and date of holding the same shall be proved by the registration books maintained by the Fiscal Agent pursuant to Section 2.08 hereof. Any request, declaration or other instrument or writing of the Owner of any Bond shall bind all future Owners of such Bond in respect of anything done or suffered to be done by the City or the Fiscal Agent in good faith and in accordance therewith. Packet Pg.2021 55600.00915\34953569.2 45 Section 10.05. Waiver of Personal Liability. No member, officer, agent or employee of the City or the District shall be individually or personally liable for the payment of the principal of, or interest or any premium on, the Bonds; but nothing herein contained shall relieve any such member, officer, agent or employee from the performance of any official duty provided by law. Section 10.06. Notices to and Demands on City and Fiscal Agent. Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the Fiscal Agent to or on the City may be given or served by being deposited postage prepaid (first class, registered or certified) in a post office letter box addressed (until another address is filed by the City with the Fiscal Agent) as follows: City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Attn: Any notice or demand which by any provision of this Agreement is required or permitted to be given or served by the City to or on the Fiscal Agent may be given or served by being deposited postage prepaid (first class, registered or certified) in a post office letter box addressed (until another address is filed by the Fiscal Agent with the City) as follows: U.S. Bank Trust Company, National Association 633 West 5th Street Los Angeles, CA 90071 Attn: Vice President Section 10.07. Partial Invalidity. If any section, paragraph, sentence, clause or phrase of this Agreement shall for any reason be held by a court of competent jurisdiction to be illegal or unenforceable, such holding shall not affect the validity of the remaining portions of this Agreement. The City hereby declares that it would have executed and delivered this Agreement and each and every other section, paragraph, sentence, clause or phrase hereof and authorized the issue of the Bonds pursuant thereto irrespective of the fact that any one or more sections, paragraphs, sentences, clauses or phrases of this Agreement may be held illegal, invalid or unenforceable. Section 10.08. Unclaimed Moneys. Anything contained herein to the contrary notwithstanding, any moneys held by the Fiscal Agent in trust for the payment and discharge of the principal of, and the interest and any premium on, the Bonds which remains unclaimed for two (2) years after the date when the payment of such principal, interest and premium have become payable, if such moneys were held by the Fiscal Agent at such date, shall be paid by the Fiscal Agent to the City as its absolute property free from any trust, and the Fiscal Agent shall thereupon be released and discharged with respect thereto and the Owners of such Bonds shall look only to the City for the payment of the principal of, and interest and any premium on, their Bonds. Section 10.09. Applicable Law. This Agreement shall be governed by and enforced in accordance with the laws of the State of California applicable to contracts made and performed in the State of California. Packet Pg.2022 55600.00915\34953569.2 46 Section 10.10. Conflict with Act. In the event of a conflict between any provision of this Agreement with any provision of the Act as in effect on the Closing Date, the provision of the Act shall prevail over the conflicting provision of this Agreement. Section 10.11. Conclusive Evidence of Regularity. Bonds issued pursuant to this Agreement shall constitute conclusive evidence of the regularity of all proceedings under the Act relative to their issuance and the levy of the Special Taxes. Section 10.12. Payment on Business Day. In any case where the date of the payment of interest or of principal (and premium, if any) of the Bonds or the date fixed for redemption is other than a Business Day, the payment of interest or principal (and premium, if any) need not be made on such date but may be made on the next succeeding day which is a Business Day with the same force and effect as if made on the date required, and no interest shall accrue for the period from and after such date. Section 10.13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. (Signature page follows) Packet Pg.2023 55600.00915\34953569.2 S-1 IN WITNESS WHEREOF, the City has caused this Agreement to be executed in its name on behalf of the District, and the Fiscal Agent, in acknowledgment of its acceptance of the trusts created hereunder, has caused this Agreement to be executed in its name, all as of _________ 1, 2022. CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA By: Assistant City Manager/ Administrative Services Director U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, as Fiscal Agent By: Authorized Officer -Signature Page- Fiscal Agent Agreement Packet Pg.2024 55600.00915\34953569.2 A-1 EXHIBIT A FORM OF BOND UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY (AS DEFINED IN THE AGREEMENT) TO THE FISCAL AGENT FOR REGISTRATION OF TRANSFER, EXCHANGE OR PAYMENT, AND ANY BOND AUTHENTICATED AND DELIVERED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY (AND ANY PAYMENT IS MADE TO CEDE & CO. OR TO SUCH OTHER ENTITY AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS AN INTEREST HEREIN. No. $ UNITED STATES OF AMERICA STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BOND INTEREST RATE MATURITY DATE DATED DATE CUSIP NO. ____________, 2022 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of San Bernardino (the “City”), for and on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), for value received, hereby promises to pay, from the Special Taxes (as hereinafter defined) to be collected in the District or amounts in certain of the funds and accounts held under the Agreement (as hereinafter defined) to the registered owner named above, or registered assigns, on the maturity date specified above, the principal amount specified above, and to pay interest on such principal amount from ____________, 2022, or from the most recent interest payment date to which interest has been paid or duly provided for, semiannually on March 1 and September 1, commencing _________ 1, 2022 (“Interest Payment Dates”), at the interest rate specified above, until the principal amount hereof is paid or made available for payment. The principal of this Bond is payable by check to the registered owner hereof in lawful money of the United States of America upon presentation and surrender of this Bond at the Principal Office of U.S. Bank Trust Company, National Association (the “Fiscal Agent”). Interest on this Bond shall be paid by check of the Fiscal Agent mailed by first class mail, postage prepaid, Packet Pg.2025 55600.00915\34953569.2 A-2 on each Interest Payment Date to the registered owner hereof as of the close of business on the fifteenth (15th) day of the month preceding the month in which the Interest Payment Date occurs (the “Record Date”) at such registered owner’s address as it appears on the registration books maintained by the Fiscal Agent; except that at the written request of the owner of at least $1,000,000 in aggregate principal amount of outstanding Bonds filed with the Fiscal Agent prior to the Record Date preceding any Interest Payment Date, interest on such Bonds shall be paid to such owner on such Interest Payment Date by wire transfer of immediately available funds to an account in the United States of America designated in such written request. This Bond is one of a duly authorized issue of bonds approved by the qualified electors of the District pursuant to the Mello-Roos Community Facilities Act of 1982, as amended, Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code (the “Mello-Roos Act”), for the purpose, among others, of financing the construction and acquisition of certain public facilities within and for the District, and is one of the series of Bonds designated “Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”), in the aggregate principal amount of $___________. The issuance of the Bonds and the terms and conditions thereof are provided for by a resolution adopted by the City Council of the City ____________, 2022 (the “Resolution”), and the Fiscal Agent Agreement, dated as of _________ 1, 2022, between the City and the Fiscal Agent (the “Agreement”), and this reference incorporates the Resolution and the Agreement herein, and by acceptance hereof the owner of this Bond assents to the terms and conditions of the Resolution and the Agreement. The Resolution is adopted under, the Agreement is executed under, this Bond is issued under, and all are to be construed in accordance with, the laws of the State of California. Pursuant to the Mello-Roos Act, the Agreement and the Resolution, the principal of and interest on the Bonds are payable from the annual levy of Special Taxes authorized under the Mello-Roos Act to be collected within the District (the “Special Taxes”) and are secured by a pledge of and first lien upon the revenues derived therefrom and certain funds held by the Fiscal Agent pursuant to the Agreement. Interest on this Bond shall be payable from the Interest Payment Date next preceding the date of its authentication, unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from ____________, 2022; provided, however, that if at the time of authentication of this Bond, interest is in default hereon, this Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment hereon, or from ____________, 2022 if no interest has previously been paid or made available for payment hereon. Any tax for the payment hereof shall be limited to the Special Taxes, except to the extent that provision for payment has been made by the City as may be permitted by law. The Bonds do not constitute obligations of the City for which the City is obligated to levy or pledge, or has levied or pledged, general or special taxation other than as described hereinabove. Packet Pg.2026 55600.00915\34953569.2 A-3 The City has covenanted for the benefit of the owners of the Bonds that (i) it will order, and cause to be commenced, judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by the October 1 following the close of the Fiscal Year in which such Special Taxes were due, and (ii) if the amount on deposit in the Reserve Fund is less than the Reserve Requirement it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by the October 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than ninety-five percent (95%) of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. The Bonds are subject to redemption prior to their stated maturity dates at the option of the City on September 1, 20__, or any Interest Payment Date thereafter, from such maturities as selected by the City (and by lot within any one maturity), in integral multiples of $5,000, at the option of the City from moneys derived by the City from any source, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price September 1, 20__ and March 1, 20__103% September 1, 20__ and March 1, 20__102 September 1, 20__ and March 1, 20__101 September 1, 20__ and each Interest Payment Date thereafter 100 The Bonds are subject to mandatory redemption prior to their stated maturity dates on any Interest Payment Date, as selected among maturities by the City (and by lot within any one maturity), in integral multiples of $5,000, from moneys derived by the City from Special Tax Prepayments, at redemption prices (expressed as percentages of the principal amounts of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Price Any Interest Payment Date through March 1, 20__103% September 1, 20__ and March 1, 20__102 September 1, 20__ and March 1, 20__101 September 1, 20__ and any Interest Payment Date thereafter 100 The outstanding Bonds maturing on September 1, 20__ and September 1, 20__ are subject to mandatory sinking fund redemption, in part, without premium, on September 1, 20__, and September 1, 20__, respectively, and on each September 1 thereafter to maturity as provided in the Agreement. Notice of redemption with respect to the Bonds to be redeemed shall be given to the registered owners thereof, in the manner and to the extent provided in the Agreement. From and after the date fixed for redemption, if funds available for the payment of the redemption prices of the Bonds selected for redemption shall have been deposited in the Bond Fund, such Bonds shall cease to be entitled to any benefit under the Agreement other than the right Packet Pg.2027 55600.00915\34953569.2 A-4 to receive payment of the redemption price, and interest shall cease to accrue on the Bonds to be redeemed on the redemption date specified in the notice of redemption. This Bond shall be registered in the name of the owner hereof, as to both principal and interest. Each registration and transfer of registration of this Bond shall be entered by the Fiscal Agent in books kept by it for that purpose and authenticated by the manual signature of an authorized signatory of the Fiscal Agent upon the certificate of authentication endorsed hereon. No transfer or exchange hereof shall be valid for any purpose unless made by the registered owner or his duly authorized attorney, by execution of the form of assignment endorsed hereon, and authenticated as herein provided, and the principal hereof and interest hereon shall be payable only to the registered owner or to such owner’s order. The Fiscal Agent shall require the registered owner requesting transfer or exchange hereof to pay any tax or other governmental charge required to be paid with respect to such transfer or exchange. The Agreement and the rights and obligations of the City and the District thereunder may be modified or amended as set forth therein. This Bond shall not become valid or obligatory for any purpose until the certificate of authentication hereon endorsed shall have been dated and manually signed on behalf of the Fiscal Agent. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all acts, conditions and things required by law to exist, happen and be performed precedent to and in the issuance of this Bond have existed, happened and been performed in due time, form and manner as required by law. Packet Pg.2028 55600.00915\34953569.2 A-5 IN WITNESS WHEREOF, the City of San Bernardino, for Community Facilities District No. 2020-1 (Rancho Palma) thereof, has caused this Bond to be dated ____________, 2022, and to be signed by the facsimile signature of the Mayor of the City and countersigned by the facsimile signature of the City Clerk. ATTEST: CITY OF SAN BERNARDINO for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA City Clerk of the City of San Bernardino Mayor of the City of San Bernardino Packet Pg.2029 55600.00915\34953569.2 A-6 CERTIFICATE OF AUTHENTICATION This is one of the Bonds described in the within-defined Agreement. Dated: ____________, 2022 U.S. BANK TRUST COMPANY, NATIONAL ASSOCIATION, Fiscal Agent By: Authorized Signatory Packet Pg.2030 55600.00915\34953569.2 A-7 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 registered Bond and hereby irrevocably constitute(s) and appoint(s) _________________________________ attorney, to transfer said Bond on the books of the Fiscal Agent, with full power of substitution in the premises. Dated: ____________________ 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. Signature Guaranteed: 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 Fiscal Agent. Packet Pg.2031 1 $_______ COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS BOND PURCHASE AGREEMENT ________, 2022 City of San Bernardino Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Ladies and Gentlemen: The undersigned, Hilltop Securities Inc., as underwriter (the “Underwriter”), acting not as a fiduciary or agent for you, but on behalf of itself, offers to enter into this Bond Purchase Agreement (this “Purchase Agreement”) with the City of San Bernardino (the “City”) for its Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “Community Facilities District”), which upon acceptance will be binding upon the Underwriter and the City. The agreement of the Underwriter to purchase the Bonds (as hereinafter defined) is contingent upon the City satisfying all of the obligations imposed upon it under this Purchase Agreement. This offer is made subject to the City’s acceptance by the execution of this Purchase Agreement and its delivery to the Underwriter at or before 11:59 p.m., California time, on the date hereof, and, if not so accepted, will be subject to withdrawal by the Underwriter upon notice delivered to the City at any time prior to the acceptance hereof by the City. All capitalized terms used herein, which are not otherwise defined herein, shall have the respective meanings provided for such terms in a Fiscal Agent Agreement, dated as of August 1, 2022 (the “Fiscal Agent Agreement”) between the City, for and on behalf of the Community Facilities District, and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”). 1. Purchase, Sale and Delivery of the Bonds. Subject to the terms and conditions and in reliance upon the representations, warranties and agreements set forth herein, the Underwriter hereby agrees to purchase from the City and the City hereby agrees to sell to the Underwriter all (but not less than all) of the $_______ aggregate principal amount of the City of San Bernardino Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”), dated the Closing Date (as hereinafter defined), bearing interest at the rates and maturing on the dates and in the principal amounts set forth in Exhibit A hereto. The Bonds shall be subject to redemption as set forth in the Fiscal Agent Agreement. The purchase price for the Bonds shall be $_____ (being 100% of the aggregate principal amount thereof less a net original issue discount of $______ and less an Underwriter’s discount of $______). The Underwriter agrees to make a bona fide initial public offering of all of the Bonds in compliance with federal and state securities laws, at a price not in excess of the initial offering prices Packet Pg.2032 2 (or yields) set forth in Exhibit A attached hereto and incorporated herein by reference. Subsequent to the initial public offering, the Underwriter reserves the right to change the public offering prices (or yields) as it deems necessary in connection with the offering of the Bonds, without any requirement of prior notice, provided that the Underwriter shall not change the interest rates set forth in Exhibit A. The Bonds may be offered and sold to certain dealers at prices lower than such initial offering prices. The Bonds shall be substantially in the form described in, shall be issued and secured under the provisions of, and shall be payable from the Special Tax Revenues and certain other amounts as provided in the Fiscal Agent Agreement and the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Part 1, Division 2, Title 5 of the Government Code of the State of California (the “Community Facilities District Act”). The issuance of the Bonds has been duly authorized by the City pursuant to Resolution No. _____ (the “Resolution”), adopted by its City Council of the City (the “City Council”), on _______, 2022. The proceeds of the Bonds shall be used to (i) finance the construction and acquisition of public facilities needed with respect to the development within the Community Facilities District, (ii) fund a reserve fund securing the Bonds and (iii) pay costs of issuance of the Bonds. A. The City hereby acknowledges that the Underwriter is entering into this Purchase Agreement in reliance on the representations, warranties and agreements made by the City and the City shall take all action necessary to enforce its rights hereunder for the benefit of the Underwriter and shall immediately notify the Underwriter if it becomes aware that any representation, warranty or agreement made by the City herein is incorrect in any material respect. The City acknowledges and agrees that: (i) the primary role of the Underwriter, as an underwriter, is to purchase securities for resale to investors in an arm’s-length commercial transaction between the City and the Underwriter and that the Underwriter has financial and other interests that differ from those of the City and the Community Facilities District; (ii) the Underwriter is not acting as a municipal advisor, financial advisor or fiduciary to the City, or any other person or entity and has not assumed any advisory or fiduciary responsibility to the City with respect to the transaction contemplated hereby and the discussions, undertakings and proceedings leading thereto (irrespective of whether the Underwriter has provided other services or is currently providing other services to the City on other matters); (iii) the only obligations the Underwriter has to the City with respect to the transaction contemplated hereby expressly are set forth in this Purchase Agreement, except as otherwise provided by applicable rules and regulations of the Securities and Exchange Commission or the rules of the Municipal Securities Rulemaking Board (the “MSRB”); and (iv) the City has consulted its own legal, accounting, tax, financial and other advisors, as applicable, to the extent it has deemed appropriate in connection with the transaction contemplated herein. The City acknowledges that it has previously provided the Underwriter with an acknowledgement of receipt of the required Underwriter disclosure under Rule G-17 of the MSRB. B. Pursuant to the authorization of the City, the Underwriter has distributed copies of the Preliminary Official Statement dated _______, 2022, relating to the Bonds, which, together with the cover page, inside cover page and appendices thereto is herein called the “Preliminary Official Statement.” By its acceptance of this Purchase Agreement, the City hereby consents to and ratifies the use and distribution by the Underwriter of the Preliminary Official Statement, and the City agrees to execute a final official statement relating to the Bonds (the “Official Statement”) which will consist of the Preliminary Official Statement with such changes as may be made thereto, with the approval of Best Best & Krieger LLP, Bond Counsel and Disclosure Counsel (herein called “Bond Packet Pg.2033 3 Counsel”), and the Underwriter, and to provide copies thereof to the Underwriter as set forth in Section 2(T) hereof. The City hereby authorizes and requires the Underwriter to use and promptly distribute, in connection with the offer and sale of the Bonds, the Preliminary Official Statement, the Official Statement and any supplement or amendment thereto. The City further authorizes the Underwriter to use and distribute, in connection with the offer and sale of the Bonds, the Fiscal Agent Agreement, this Purchase Agreement and all information contained herein, and all other documents, certificates and statements furnished by or on behalf of the City to the Underwriter in connection with the transactions contemplated by this Purchase Agreement. The Preliminary Official Statement and/or the Official Statement may be delivered and printed in a “designated electronic format” as defined in the MSRB’s Rule G-32 and as may be agreed to by the City and the Underwriter. The City confirms that it does not object to distribution of the Preliminary Official Statement or the Official Statement in electronic form. A copy of the most recent Preliminary Official Statement sent to a potential purchaser shall be sent by first class mail or electronically (or other equally prompt means) not later than the first business day following the day upon which each such request is received. C. To assist the Underwriter in complying with Securities and Exchange Commission Rule 15c2-12(b)(5) (the “Rule”), the City will undertake pursuant to the Continuing Disclosure Certificate, in the form attached to the Official Statement (the “Continuing Disclosure Certificate”), to provide annual reports and notices of certain enumerated events. A description of this undertaking is set forth in the Preliminary Official Statement and will also be set forth in the Official Statement. D. Except as the Underwriter and the City may otherwise agree, the City will deliver to the Underwriter, at the offices of Bond Counsel in Riverside, California, or at such other location as may be mutually agreed upon by the Underwriter and the City, the documents hereinafter mentioned on the Closing Date (defined below); and the City will deliver to the Underwriter through The Depository Trust Company’s (“DTC”) FAST delivery system, the Bonds, in definitive form (all Bonds bearing CUSIP® numbers printed thereon), duly executed by the City and authenticated by the Fiscal Agent in the manner provided for in the Fiscal Agent Agreement and the Community Facilities District Act at 8:00 a.m. California time, on ______, 2022 (the “Closing Date”), and the Underwriter will accept such delivery and pay the purchase price of the Bonds as set forth in paragraph (A) of this Section by wire transfer, payable in federal or other immediately available funds (such delivery and payment being herein referred to as the “Closing”). The Bonds shall be in fully registered book-entry form (which may be typewritten) and shall be registered in the name of Cede & Co., as nominee of DTC, which will act as securities depository for the Bonds, and the specimen Bonds will be made available for checking by the Underwriter not less than 2 days prior to the Closing. 2. Representations, Warranties and Covenants of the City. The City represents, warrants and covenants to the Underwriter that: A. The City is a public body, corporate and politic, duly organized and validly existing pursuant to the Constitution and laws of the State of California (the “State”), and has duly authorized the formation of the Community Facilities District pursuant to resolutions duly adopted by the City Council (the “Community Facilities District Formation Resolutions” and, together with the Resolution, the “Community Facilities District Resolutions”) and the Act. The City Council, as the legislative body of the Community Facilities District, has duly adopted the Community Facilities Packet Pg.2034 4 District Formation Resolutions, has duly adopted the Resolution and an ordinance levying the Special Taxes within the Community Facilities District (the “Ordinance”), and has caused to be recorded in the real property records of San Bernardino County, a notice of special tax lien (the “Notice of Special Tax Lien”) (the Community Facilities District Formation Resolution, the Ordinance, and the Notice of Special Tax Lien being collectively referred to herein as the “Formation Documents”), and the City Council has duly adopted the Resolution. Each of the Formation Documents remains in full force and effect as of the date hereof and has not been amended. The Community Facilities District is duly organized and validly existing as a community facilities district under the laws of the State. The City has, and at the Closing Date will have, as the case may be, full legal right, power and authority: (i) to execute, deliver and perform its obligations under this Purchase Agreement and the Fiscal Agent Agreement and to carry out all transactions on its part contemplated by each of such agreements; (ii) to enter into the Continuing Disclosure Certificate; and (iii) to carry out, give effect to and consummate the transactions contemplated by the Formation Documents, the Fiscal Agent Agreement, this Purchase Agreement and the Official Statement. This Purchase Agreement, the Fiscal Agent Agreement and the Continuing Disclosure Certificate are collectively referred to herein as the “City Documents.” B. By all necessary official action of the City, the City has duly authorized and approved the execution and delivery by the City of, and the performance by the City of, the obligations on its part contained in, the City Documents and has approved the use and distribution by the Underwriter of the Preliminary Official Statement and the execution, use and distribution by the Underwriter of the Official Statement, and, as of the date hereof, such authorizations and approvals are in full force and effect and have not been amended, modified or rescinded. When executed and delivered by the parties thereto, the City Documents will constitute the legally valid and binding obligations of the City, on its own behalf and on behalf of the Communities Facilities District, enforceable upon the City and the Community Facilities District in accordance with their respective terms, except as enforcement may be limited by bankruptcy, insolvency, reorganization, moratorium or similar laws or equitable principles relating to or affecting creditors’ rights generally. To the City’s knowledge, the City has complied, and will at the Closing Date be in compliance in all respects, with the terms of the City Documents. C. The information in the Preliminary Official Statement (other than statements pertaining to the book-entry system, as to which no view is expressed) as of its date was and as of the date hereof is, and in the Official Statement (other than statements pertaining to the Insurer, the Insurance Policy, book-entry system as to which no view is expressed) as of its date is, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; and, upon delivery and up to and including 25 days after the End of the Underwriting Period (as defined in paragraph (D) below), the Official Statement will be amended and supplemented so as to contain no misstatement of any material fact or material omission of any statement necessary to make the statements contained therein, in the light of the circumstances in which such statements were made, not misleading. D. Up to and including 25 days after the End of the Underwriting Period (as defined below), the City will advise the Underwriter promptly of any proposal to amend or supplement the Official Statement and will not effect or consent to any such amendment or supplement without the consent of the Underwriter, which consent will not be unreasonably withheld. The City will advise Packet Pg.2035 5 the Underwriter promptly of the institution of any proceedings known to it by any governmental agency prohibiting or otherwise materially affecting the use of the Official Statement in connection with the offering, sale or distribution of the Bonds. As used herein, the term “End of the Underwriting Period” means the later of such time as: (i) the Bonds are delivered to the Underwriter; or (ii) the Underwriter does not retain, directly or as a member of an underwriting syndicate, an unsold balance of the Bonds for sale to the public. Unless the Underwriter gives written notice to the contrary to the City, the End of the Underwriting Period shall be deemed to be the Closing Date. Any notice delivered pursuant to this provision shall be delivered to the City at or prior to the Closing Date and shall specify a date (other than the Closing Date) to be deemed the “End of the Underwriting Period.” If in the opinion of the Underwriter any such event or proceedings requires the preparation and distribution of a supplement or amendment to the Official Statement, the City shall prepare and furnish to the Underwriter, at the Community Facilities District’s expense, such number of copies of the supplement or amendment to the Official Statement, in (i) a “designated electronic format” consistent with the requirements of the MSRB’s Rule G-32 and (ii) a printed format form in substance mutually agreed upon by the City and the Underwriter as the Underwriter may reasonably request. If such amendment or supplement to the Official Statement shall be made subsequent to the Closing Date, the City also shall furnish, or cause to be furnished, such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably deem necessary to evidence the truth and accuracy of any such supplement or amendment to the Official Statement. E. As of the time of acceptance hereof and as of the Closing Date, the City and the Community Facilities District, as applicable, have each complied, and will at the Closing Date be in compliance in all material respects, with the Formation Documents and the City Documents, and any immaterial noncompliance by the City or the Community Facilities District, if any, will not impair the ability of the City or the Community Facilities District, as applicable, to carry out, give effect to or consummate the transactions on their part contemplated by the foregoing. From and after the date of issuance of its Bonds, the City will continue to comply with the covenants of the City contained in the City Documents and it shall cause the Community Facilities District to continue to comply with the covenants of the Community Facilities District contained in the City Documents. F. Except as described in the Preliminary Official Statement, neither the City nor the Community Facilities District is, and as of the Closing Date, neither will be, in any respect material to the transactions referred to herein or contemplated hereby, in breach of or in default under, any law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City or the Community Facilities District, as the case may be, is a party or is otherwise subject or bound; and, to the City’s knowledge, no event has occurred and is continuing which, with the passage of time or the giving of notice, or both, would constitute a default or event of default under any such instrument which breach, default or event could have a materially adverse effect on the City’s ability to perform its obligations under the City Documents; and as of such times, except as disclosed in the Official Statement, the authorization, execution and delivery of the City Documents and compliance with the provisions of each thereof, or the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or Packet Pg.2036 6 other instrument to which the City is a party or is otherwise subject or bound, in any manner which would materially and adversely affect the performance by the City of its obligations under the City Documents or the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement. The City has received all licenses, permits or other regulatory approvals required, if any, for the pledge, collection and/or application by the Community Facilities District of the Special Taxes (as defined in the Fiscal Agent Agreement) and other moneys pledged to the payment of the principal of and interest on the Bonds under the Fiscal Agent Agreement. G. Except as may be required under the “blue sky” or other securities laws of any jurisdiction, all approvals, consents, authorizations, elections and orders of, or filings or registrations with, any governmental authority, board, agency or commission having jurisdiction which would constitute a condition precedent to, or the absence of which would materially adversely affect, the performance by the City of its obligations under the City Documents, and the performance of the conditions precedent to be performed by the City pursuant to this Purchase Agreement, have been or will be obtained at the Closing Date and are or will be in full force and effect at the Closing Date. H. At the time of acceptance hereof there is and as of the Closing there will be no action, suit, proceeding, inquiry or investigation, at law or in equity, before or by any court, government agency, public board or body (collectively and individually, an “Action”) pending (notice of which has been served on the City) or to the knowledge of the City threatened, in which any such Action: (i) in any way questions the powers of the City Council or the existence of the Community Facilities District or the titles of the officers of the City to their respective offices; (ii) affects, contests or seeks to prohibit, restrain or enjoin the issuance or delivery of the Bonds or the payment or collection of Special Taxes or any amounts pledged or to be pledged to pay the principal of and interest on the Bonds, or in any way contests or affects the validity of the City Documents or the consummation of the transactions on the part of the City contemplated thereby; (iii) contests the exclusion of interest on the Bonds from State income taxation or contests the powers of the City that result in any material adverse change relating to the financial condition of the City or the Community Facilities District; (iv) except as disclosed in the Official Statement, wherein an unfavorable decision, ruling or finding would materially adversely affect the financial position or condition of the City or the Community Facilities District or would result in any material adverse change in the ability of the City to pledge or apply the Special Tax Revenues or to pay debt service on the Bonds; or (v) contests the completeness or accuracy of the Preliminary Official Statement or the Official Statement or any supplement or amendment thereto or asserts that the Preliminary Official Statement or the Official Statement contained any untrue statement of a material fact or omitted to state any material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; and as of the time of acceptance hereof there is and, as of the Closing Date, there will be no known basis for any Action of the nature described in clauses (i) through (v) of this sentence. I. The City will furnish such information, execute such instruments and take such other action in cooperation with the Underwriter and at the expense of the Underwriter as the Underwriter may reasonably request in order: (i) to qualify the Bonds for offer and sale under the “blue sky” or other securities laws and regulations of such states and other jurisdictions of the United States of America as the Underwriter may designate; and (ii) to determine the eligibility of the Bonds for investment under the laws of such states and other jurisdictions and will use its best efforts to continue such qualifications in effect so long as required for the distribution of the Bonds; provided, however, that the City will not be required to execute a special or general consent to service of Packet Pg.2037 7 process or qualify as a foreign corporation in connection with any such qualification in any jurisdiction. J. The City Documents conform as to form and tenor to the descriptions thereof contained in the Preliminary Official Statement. The City represents that the Bonds, when issued, executed and delivered in accordance with the Fiscal Agent Agreement and sold to the Underwriter as provided herein, will be validly issued and outstanding obligations of the City, for and on behalf of the Community Facilities District, entitled to the benefits of the Fiscal Agent Agreement. The Fiscal Agent Agreement creates a valid pledge of, first lien upon and security interest in, the Special Tax Revenues, and in the moneys in the Special Tax Fund established pursuant to the Fiscal Agent Agreement, on the terms and conditions set forth in the Fiscal Agent Agreement. The Fiscal Agent Agreement creates a valid pledge of the moneys in certain funds and accounts established pursuant to the Fiscal Agent Agreement, subject in all cases to the provisions of the Fiscal Agent Agreement permitting the application thereof for the purposes and on the terms and conditions set forth therein. K. Except as disclosed in the Preliminary Official Statement, there are, to the City’s knowledge, no entities with outstanding assessment liens against any of the properties within the Community Facilities District which are senior to or on a parity with the lien of the Special Taxes. L. The issuance and sale of the Bonds is not subject to any transfer or other documentary stamp taxes of the State or any political subdivision thereof. M.The City shall not knowingly take or omit to take any action that, under existing law, may adversely affect the exclusion from gross income for federal income tax purposes, or the exemption from State of California personal income tax, of the interest on the Bonds. The City has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that the City is a bond issuer whose arbitrage certifications may not be relied upon. N. Any certificate signed by an authorized officer or employee of the City and delivered to the Underwriter in connection with the issuance of the Bonds shall be deemed a representation and covenant of the City to the Underwriter as to the statements made therein. O. The City will apply the proceeds of the Bonds in accordance with the Fiscal Agent Agreement and as described in the Official Statement. P. At or prior to the Closing, the City will have duly authorized, executed and delivered the Continuing Disclosure Certificate in substantially the form under Appendix E to the Official Statement. Based on a review of its prior undertakings with respect to Rule 15c2-12, and except as disclosed in the Preliminary Official Statement and Official Statement, the City has not failed to comply in any material respect with a continuing disclosure undertaking under Rule 15c2-12 during the previous five years. Q. Between the date of this Purchase Agreement and the date of Closing, the City will not offer or issue any bonds, notes or other obligations for borrowed money not previously disclosed to the Underwriter and the City shall not create, assume or guarantee any indebtedness payable from, or pledge or otherwise encumber, the Special Taxes or other assets, properties, funds or interests that will be pledged as security for the Bonds pursuant to the City Documents. Packet Pg.2038 8 R. Until such time as moneys have been set aside in an amount sufficient to pay or defease all then outstanding Bonds at maturity or to the date of redemption if redeemed prior to maturity, plus unpaid interest thereon and premium, if any, to maturity or to the date of redemption if redeemed prior to maturity, the City will faithfully perform and abide by all of the covenants, undertakings and provisions on its part contained in the Fiscal Agent Agreement. S. The Preliminary Official Statement was deemed final by a duly authorized officer of the City prior to its delivery to the Underwriter, except for the omission of such information as is permitted to be omitted in accordance with paragraph (b)(1) of the Rule. The City hereby covenants and agrees that, within seven (7) business days from the date hereof, or upon reasonable written notice from the Underwriter within sufficient time to accompany any confirmation requesting payment from any customers of the Underwriter, the City shall cause a final electronic and/or printed form of the Official Statement as set forth in Section 1 above to be delivered to the Underwriter in sufficient quantity to comply with paragraph (b)(4) of the Rule and Rules G-12, G-15, G-32 and G-36 of the Municipal Securities Rulemaking Board. T. The City hereby approves the preparation and distribution of the Official Statement, consisting of the Preliminary Official Statement with such changes as are noted thereon and as may be made thereto, with the approval of Bond Counsel and the Underwriter from time to time prior to the Closing Date. U. The City hereby ratifies any prior use of and authorizes the future use by the Underwriter, in connection with the offering and sale of the Bonds, of the Preliminary Official Statement, the Official Statement, this Purchase Agreement and all information contained herein, and all other documents, certificates and written statements furnished by the City to the Underwriter in connection with the transactions contemplated by this Purchase Agreement. V. The execution and delivery of this Purchase Agreement by the City shall constitute a representation by the City to the Underwriter that the representations and warranties contained in this Section 2 with respect to the City and the Community Facilities District are true as of the date hereof. 3. Conditions to the Obligations of the Underwriter. The obligation of the Underwriter to accept delivery of and pay for the Bonds on the Closing Date shall be subject, at the option of the Underwriter, to the accuracy in all material respects of the representations and warranties on the part of the City contained herein, to the accuracy in all material respects of the statements of the officers and other officials of the City and the Community Facilities District made in any certificates or other documents furnished pursuant to the provisions hereof, to the performance by the City and the Community Facilities District of their obligations to be performed hereunder at or prior to the Closing Date and, to the following additional conditions: A. At the Closing Date, the Community Facilities District Resolutions, the Formation Documents, and the City Documents shall be in full force and effect, and shall not have been amended, modified or supplemented, except as may have been agreed to in writing by the Underwriter, and there shall have been taken in connection therewith, with the issuance of the Bonds, and with the transactions contemplated thereby, and by this Purchase Agreement, all such actions as, in the opinion of Bond Counsel, shall be necessary and appropriate. B. At the Closing Date, except as was described in the Preliminary Official Statement, the City shall not be, in any respect material to the Bonds, the City Documents or the transactions Packet Pg.2039 9 referred to herein or contemplated hereby, in breach of or in default under, any law or administrative rule or regulation of the State, the United States of America, or of any department, division, agency or instrumentality of either thereof, or under any applicable court or administrative decree or order, or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound, and the performance by the City of its obligations under the Bonds, the City Documents, the Community Facilities District Resolutions, this Purchase Agreement and any other instruments contemplated by any of such documents, and compliance with the provisions of each thereof, will not conflict with or constitute a breach of or default under any applicable law or administrative rule or regulation of the State, the United States of America or of any department, division, agency or instrumentality of either thereof or under any applicable court or administrative decree or order or under any loan agreement, note, resolution, indenture, contract, agreement or other instrument to which the City is a party or is otherwise subject or bound, in any manner which would materially and adversely affect the performance by the City of its obligations under the City Documents, the Bonds or the Community Facilities District Resolutions. C. The information contained in the Official Statement (other than statements pertaining to the Insurer, the Insurance Policy, the book-entry system, as to which no view is expressed) is, as of the Closing Date and as of the date of any supplement or amendment thereto pursuant hereto, true and correct in all material respects and does not, as of the Closing Date or as of the date of any supplement or amendment thereto, contain any untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading. D. The Underwriter shall have the right to cancel its obligation to purchase the Bonds and to terminate this Purchase Agreement by written notice to the City if, between the date of this Purchase Agreement and the Closing Date, in the Underwriter’s sole and reasonable judgment any of the following events shall occur (each a “Termination Event”): 1. Between the date hereof and the Closing Date, the market price or marketability, at the initial offering prices set forth on the cover page of the Official Statement, of the Bonds, or the ability of the Underwriter to enforce contracts for the sale of the Bonds, shall have been materially adversely affected, in the reasonable judgment of the Underwriter (evidenced by a written notice to the City terminating the obligation of the Underwriter to accept delivery of and pay for the Bonds), by reason of any of the following: a. Legislation introduced in or enacted (or resolution passed) by the Congress of the United States of America or the legislature of the State or recommended to the Congress by the President of the United States of America or a member of the President’s Cabinet, the Department of the Treasury, the Internal Revenue Service or any member of Congress or favorably reported for passage to either House of Congress by any committee of such House to which such legislation had been referred for consideration, or a decision rendered by a court established under Article III of the Constitution of the United States of America or by the Tax Court of the United States of America, or an order, ruling, regulation (final, temporary or proposed), press release or other form of notice issued or made by or on behalf of the Treasury Department of the United States of America, the Internal Revenue Service or other federal or State authority with appropriate jurisdiction, with the purpose or effect, directly or indirectly, of imposing federal or State income taxation upon such interest as would be received by any owners of the Bonds beyond the extent to which such interest is subject to taxation as of the date hereof; Packet Pg.2040 10 b. Legislation introduced in or enacted (or resolution passed) by the Congress, or shall have been favorably reported out of committee or be pending in committee, or shall have been recommended to the Congress for passage by the President of the United States of America or a member of the President’s Cabinet, or an order, decree, injunction or decision issued by any court of competent jurisdiction, or an order, ruling, regulation (final, temporary or proposed), press release, statement or other form of notice issued or made by or on behalf of the Securities and Exchange Commission, or any other governmental agency having jurisdiction of the subject matter, to the effect that obligations of the general character of the Bonds, the Resolution or the City Documents, are not exempt from registration under or other requirements of the Securities Act of 1933, as amended, or that the Fiscal Agent Agreement is not exempt from qualification under or other requirements of the Trust Indenture Act of 1939, as amended, or that the issuance, offering or sale of obligations of the general character of the Bonds, as contemplated hereby or by the Official Statement or otherwise, is or would be in violation of the federal securities laws as amended and then in effect; c. A general suspension of trading in securities on the New York Stock Exchange or other major exchange shall be in force, or minimum or maximum prices for trading shall have been fixed and be in force, or maximum ranges for prices for securities shall have been required and be in force on any such exchange, whether by virtue of determination by that exchange or by order of the Securities and Exchange Commission or any other governmental authority having jurisdiction; d. There shall have occurred (1) an outbreak or escalation of hostilities or the declaration by the United States of a national emergency or war or (2) any other calamity or crisis in the financial markets of the United States or elsewhere or the escalation of such calamity or crisis; e. Except as disclosed in or contemplated by the Official Statement, any material adverse change in the affairs of the City or the Community Facilities District shall have occurred; 2. The introduction, proposal or enactment of any amendment to the federal or California Constitution or any action by any federal or State court, legislative body, regulatory body or other authority materially adversely affecting the tax status of the City or the Community Facilities District, their property, income, securities (or interest thereon), or the validity or enforceability of Special Taxes; 3. Any event occurring or information becoming known which, in the reasonable judgment of the Underwriter, makes untrue or incorrect in any material respect any statement or information contained in the Preliminary Official Statement or in the Official Statement or has the effect that the Preliminary Official Statement or the Official Statement contains any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading; 4. A general banking moratorium shall have been declared by federal, State of New York or State of California officials authorized to do so or a material disruption in securities settlement, payment or clearance services affecting the Bonds shall have occurred; Packet Pg.2041 11 5. Any new restriction on transactions in securities materially affecting the market for securities (including the imposition of any limitation in interest rates) or the extension of credit by, or a charge to the net capital requirements of, underwriters shall have been established by the New York Stock Exchange, the Comptroller of the Currency, the Securities and Exchange Commission or any other federal or State agency or the Congress of the United States of America, or by Executive Order; 6. A decision by a court of the United States of America shall be rendered, or a stop order, release, regulation or no-action letter by or on behalf of the Securities and Exchange Commission or any other governmental agency having jurisdiction of the subject matter shall have been issued or made, to the effect that the issuance, offering or sale of the Bonds as contemplated by this Purchase Agreement or by the Official Statement, or any document relating to the issuance, offering or sale of the Bonds is or would be in violation of any provision of the federal securities laws at the Closing Date, including the Securities Act of 1933, the Securities Exchange Act of 1934 and the Trust Indenture Act of 1939; 7. Any amendment is made to the Official Statement that in the Underwriter’s reasonable judgment will materially adversely affect the marketability of the Bonds or the ability of the Underwriter to enforce contracts for the sale of the Bonds; 8. Any proceeding shall have been commenced or be threatened in writing by the Securities and Exchange Commission against the City or the Community Facilities District; 9. The commencement of an Action described in Section 2(H); Upon the occurrence of a Termination Event and the termination of this Purchase Agreement by the Underwriter, all obligations of the City, the Community Facilities District, and the Underwriter under this Agreement shall terminate, without further liability, except that the City and the Underwriter shall pay their respective expenses as set forth in Section 5 below. E. At or prior to the Closing Date, the Underwriter shall have received a counterpart original or certified copy of the following documents, in each case satisfactory in form and substance to the Underwriter: 1. Official Statement. The Official Statement and each supplement or amendment, if any thereto, executed by an authorized officer of the City; 2. Fiscal Agent Agreement. The Fiscal Agent Agreement, duly executed and delivered by the City and the Fiscal Agent; 3. Resolutions. Certifications by the City Clerk with respect to each resolution and ordinance of the City Council, for the City or as the legislative body of the Community Facilities District, relating to the City Documents, the transactions contemplated thereby, formation of the Community Facilities District and issuance of the Bonds; 4. City Continuing Disclosure Certificate. The Continuing Disclosure Certificate executed by the City; Packet Pg.2042 12 5. Bond Counsel Opinion. An unqualified approving opinion for the Bonds, dated the Closing Date and addressed to the City, of Bond Counsel in substantially the form included as Appendix E to the Official Statement; together with a letter of Bond Counsel, dated the Closing Date and addressed to the Underwriter, to the effect that such opinion addressed to the City may be relied upon by the Underwriter to the same extent as if such opinion was addressed to it; 6. Supplemental Opinion. A supplemental opinion or opinions, dated the Closing Date and addressed to the Underwriter, of Bond Counsel, to the effect that: (i) this Purchase Agreement has been duly authorized, executed and delivered by the City and, assuming due authorization, execution and delivery by the other parties thereto, constitutes the legal, valid and binding agreement of the City and is enforceable in accordance with its terms, except to the extent that enforceability may be limited by moratorium, bankruptcy, reorganization, insolvency or other similar laws affecting creditors’ rights generally or by the exercise of judicial discretion in accordance with general principles of equity or otherwise in appropriate cases and by limitations on legal remedies against public agencies in the State; (ii) the Bonds are not subject to the registration requirements of the Securities Act of 1933, as amended, and the Fiscal Agent Agreement is exempt from qualification under the Trust Indenture Act of 1939, as amended; (iii) the information contained in the Official Statement on the cover and under the captions “THE FINANCING PLAN,” “THE BONDS,” “SOURCES OF PAYMENT FOR THE BONDS,” “LEGAL MATTERS – Tax Exemption” and in Appendices D and F to the Official Statement (excluding any financial, statistical and economic data, forecasts, numbers, charts, graphs, estimates, projections, and assumptions and any information regarding The Depository Trust Company and the book-entry system as to which Bond Counsel need express no opinion or view, and further, excluding any material that may be treated as included under such captions by cross-reference), are accurate insofar as such statements purport to summarize certain provisions of the Bonds, the Fiscal Agent Agreement, Bond Counsel’s final approving opinion and the Community Facilities District Act; and (iv) the Community Facilities District has been duly formed, and the Special Taxes have been duly and validly levied in accordance with the provisions of the Community Facilities District Act and, except to the extent prohibited by moratorium, bankruptcy, reorganization, fraudulent conveyance or transfer, insolvency or other similar laws affecting creditors’ rights generally, a lien to secure payment of the Special Taxes has been imposed on taxable property in the Community Facilities District; 7. Letter of Disclosure Counsel. A letter, dated the Closing Date and addressed to the Underwriter and the City, of Best Best & Krieger LLP, acting as Disclosure Counsel, to the effect that no facts have come to the attention of the attorneys in such firm rending legal services in connection with the Bonds that cause them to believe that the Preliminary Official Statement as of its date and as of the date of this Purchase Agreement and the Official Statement, as of its date or as of the Closing Date, contained or contains any untrue statement of a material fact or omitted or omits to state any material fact necessary to make the statement made therein, in light of the circumstances under which they were made, not misleading (except that no opinion or belief need be expressed as to any appendices, CUSIP numbers, financial, accounting, statistical, economic, engineering or demographic data or forecasts, numbers, charts, tables, graphs, estimates, projections, Packet Pg.2043 13 assumptions or expressions of opinion, any determinations regarding valuation, real estate, and environmental matters, or any basis therefor; information about the Underwriter, underwriting; statements relating to the treatment of the Bonds or the interest, discount or premium related thereto for tax purposes under the laws of any jurisdiction and statements contained in the Official Statement under the caption CONCLUDING INFORMATION – Tax Matters,” any information about the Depository Trust Company or the book-entry system). 8. City Attorney Opinion. An opinion, dated the Closing Date and addressed to the Underwriter, of the City Attorney, in substantially the form attached hereto as Exhibit B; 9. Closing Certificate of the City. A certificate, dated the Closing Date, and signed by an authorized officer of the City substantially in the form of Exhibit C hereto, together with such additional certifications as Bond Counsel may require; 10. Fiscal Agent Incumbency Certificate. Certified copies of the general resolution of the Fiscal Agent authorizing the execution and delivery of certain documents by certain officers of the Fiscal Agent which resolution authorizes the execution of the Fiscal Agent Agreement and the authentication of the Bonds; 11. Fiscal Agent ’s Certificate. A certificate or certificates of the Fiscal Agent, dated the Closing Date, in form and substance acceptable to the Underwriter and Bond Counsel; 12. Fiscal Agent ’s Counsel Opinion. An opinion or opinions of counsel to the Fiscal Agent dated the Closing Date and addressed to the City and the Underwriter to the effect that the Fiscal Agent has duly authorized the execution and delivery of the Fiscal Agent Agreement and is a valid and binding obligation of the Fiscal Agent enforceable in accordance with its terms; 13. Opinion of Underwriter’s Counsel. An opinion of Kutak Rock LLP, counsel to the Underwriter, dated the date of the Closing, addressed to the Underwriter, in form and substance acceptable to the Underwriter; 14. Special Tax Consultant Certificate. A certificate, dated the Closing Date from Spicer Consulting Group, LLC (the “Special Tax Consultant”) substantially in the form attached as Exhibit D hereto; 15. Specimen Bonds. Copies of the Specimen Bonds; 16. Nonarbitrage Certificate. A certificate of the City, dated the Closing Date, in a form acceptable to Bond Counsel and the Underwriter, that the Bonds are not arbitrage bonds within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended; 17. Form 8038-G. An Information Return for Tax-Exempt Bond Issues (Internal Revenue Service Form 8038-G), in a form satisfactory to Bond Counsel for filing, executed by a duly authorized officer of the City, together with evidence that such Form 8038-G has been mailed; Packet Pg.2044 14 18. CDIAC Statements. Copies of filings with the California Debt and Investment Advisory Commission relating to the issuance of the Bonds; 19. Blanket Letter of Representations. A copy of the Blanket Letter of Representations to DTC relating to the Bonds signed by the City; 20. Certificates Regarding Preliminary Official Statement. Prior to and in connection with printing and distribution of the Preliminary Official Statement, (i) an executed certificate of the City deeming the Preliminary Official Statement final within the meaning of the Rule, and (ii) an executed certificate of TH Rancho Palma, LLC, a Delaware limited liability company (the “Property Owner”), substantially in the form under Exhibit F hereto; 21. Property Owner Continuing Disclosure Certificate. An executed copy of the Property Owner Continuing Disclosure Certificate in the form included as an appendix to the Official Statement; 22. Property Owner Bring-Down Certificate. An executed bring-down certificate from the Property Owner, dated as of the Closing Date, substantially in the form set forth in Exhibit G hereto; 23. Property Owner Counsel Opinion. The opinions of counsel to the Property Owner addressed to the City and the Underwriter, dated as of the Closing Date, in form and substance acceptable to the City and the Underwriter; 24. Appraiser Closing Certificate. A certificate in form and substance as set forth in Exhibit H hereto of Kitty Siino & Associates, Inc., Tustin, California, the appraiser of the property within the Community Facilities District, dated as of the Closing Date; and 25. Additional Documents. Such additional legal opinions, certificates, instruments and other documents as the Underwriter may reasonably request to evidence the truth and accuracy, as of the date hereof and as of the Closing Date, of the material representations and warranties of the City contained herein, and of the statements and information contained in the Official Statement and the due performance or satisfaction by the City at or prior to the Closing of all agreements then to be performed and all conditions then to be satisfied by the City and the Community Facilities District in connection with the transactions contemplated hereby and by the Fiscal Agent Agreement and the Official Statement. If the City shall be unable to satisfy the conditions to the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds contained in this Purchase Agreement, or if the obligations of the Underwriter to purchase, accept delivery of and pay for the Bonds shall be terminated for any reason permitted by this Purchase Agreement, this Purchase Agreement shall terminate and neither the City nor the Underwriter shall be under any further obligation hereunder, except that the respective obligations of the Underwriter and the City set forth in Section 5 hereof shall continue in full force and effect. 4. Representations and Agreements of the Underwriter. The Underwriter represents to and agrees with the City that, as of the date hereof and as of the date of the Closing: Packet Pg.2045 15 A. The Underwriter is duly authorized to execute and deliver this Purchase Agreement and to take any action under the Purchase Agreement required to be taken by it. B. The Underwriter is in compliance with MSRB Rule G-37 with respect to the City and the Community Facilities District, and is not prohibited thereby from acting as underwriter with respect to securities of the City and the Community Facilities District. The Underwriter is in compliance with MSRB Rule G-17 with respect to the City and the Community Facilities District. C. The Underwriter has, and has had, no financial advisory relationship with the City or the Community Facilities District with respect to the Bonds, and no investment firm controlling, controlled by or under common control with the Underwriter has or has had any such financial advisory relationship, within the meaning of California Government Code Section 53590, or otherwise. D. The Underwriter has not paid or agreed to pay, nor will it pay or agree to pay, any entity, company, firm or person (including, but not limited to, the City’s financial consultants, or any officer, agent or employee thereof), other than a bona fide officer, agent or employee working for the Underwriter, any compensation, fee, gift or other consideration contingent upon or resulting from the award of or entering into this Purchase Agreement. E. The Underwriter has reasonably determined that the City’s undertaking in the Continuing Disclosure Certificate to provide continuing disclosure with respect to the Bonds is sufficient to effect compliance with the Rule. 5. Expenses. A. Whether or not the Underwriter accepts delivery of and pays for the Bonds as set forth herein, it shall be under no obligation to pay, and the City shall pay out of the proceeds of the Bonds or any other legally available funds of the City, all expenses incidental to the performance of the City’s obligations hereunder, including but not limited to the cost of printing and delivering the Bonds to the Underwriter; the costs of printing and shipping the Preliminary Official Statement and the Official Statement; the fees and disbursements of the City, the Community Facilities District, the Fiscal Agent, Bond Counsel, Disclosure Counsel, accountants and any other experts or consultants retained by the City or the Community Facilities District in connection with the issuance and sale of the Bonds; and any other expenses not specifically enumerated in paragraph (B) of this Section incurred in connection with the issuance and sale of the Bonds. B. Whether or not the Bonds are delivered to the Underwriter as set forth herein, the City shall be under no obligation to pay, and the Underwriter shall be responsible for and pay, CUSIP® and CDIAC fees and expenses to qualify the Bonds for sale under any “blue sky” laws; and all other expenses incurred by the Underwriter in connection with its public offering and distribution of the Bonds not specifically enumerated in paragraph (A) of this Section, including the fees and disbursements of its counsel. 6. Undertakings of the City. The City agrees: (a) to inform the Underwriter, from time to time, upon the reasonable request of the Underwriter, of the amount then on deposit in the Reserve Fund; and (b) to make available to the Underwriter, upon reasonable request of the Underwriter, at the expense of the City, sufficient copies of its audited financial statements, if any, and any resolutions of the City Council with respect to the Community Facilities District Resolutions, the Packet Pg.2046 16 Bonds, the Fiscal Agent Agreement, the Official Statement, any amendments or supplements thereto, and other documents relating to the Bonds and pertaining to the City or the Community Facilities District adopted or executed, as the case may be, after the Closing Date, to the extent that such documents are publicly available. 7. Establishment of Issue Price. The Underwriter agrees to assist the City in establishing the issue price of the Bonds and shall execute and deliver to the City at or before the Closing Date an “issue price” or similar certificate, together with the supporting pricing wires or equivalent communications, substantially in the form attached hereto as Exhibit E, with such modifications as may be appropriate or necessary, in the reasonable judgment of the Underwriter, the City and Bond Counsel, to accurately reflect, as applicable, the sales price or prices or the initial offering price or prices to the public of the Bonds. With respect to Bonds of those maturities as to which at least 10% of the Bonds of the maturity has been sold to the public (defined in paragraph (f) below) at a single price (the “10% test”), based on reporting by the Underwriter to the City on the date hereof and prior to the execution of this Purchase Agreement, which maturities are indicated in Exhibit A attached hereto as having satisfied the 10% test (the “10% Test Maturities”), the City will treat the first price at which 10% of each such maturity of the Bonds was sold to the public as the issue price of that maturity. With respect to Bonds of those maturities as to which the 10% test has not been satisfied, based on reporting by the Underwriter to the City on the date hereof and prior to the execution of this Purchase Agreement, which maturities are indicated in Exhibit A attached hereto as being subject to the “hold- the-offering-price rule,” defined below (the “Hold-the-Offering-Price Maturities”), the Underwriter and the City agree that the rules in paragraph (c) below shall apply. For purposes of this section, for Bonds maturing on the same date but having different interest rates, each separate group of Bonds having a different interest rate is subject to the 10% test or paragraph (c) below, as the case may be, as if such separate group of Bonds was a separate maturity. The Underwriter confirms that it has offered the Bonds to the public on or before the date of this Purchase Agreement at the offering price or prices (each an “initial offering price”), or at the corresponding yield or yields, set forth in Exhibit A attached hereto, except as otherwise set forth therein. Exhibit A also sets forth, identified under the columns (X) “10% Test Satisfied,” (Y) “10% Test Not Satisfied,” and (Z) “Subject to Hold-the-Offering-Price-Rule Used,” as of the date of this Purchase Agreement, the maturities, if any, of the Bonds for which the Underwriter represents that (i) the 10% test has been satisfied (based on the assumption that the orders aggregating more than 10% of a maturity will be confirmed by the close of the business day immediately following the date of this Purchase Agreement) (see clause (X) above, which will be checked), or (ii) the 10% test has not been satisfied and for which the City and the Underwriter agree that the restrictions set forth in the next sentence shall apply (see clauses (Y) and (Z) above, both of which will be checked) , which will allow the City to treat the initial offering price to the public of each such maturity as of the sale date as the issue price of that maturity (the “hold-the-offering-price rule”). So long as the hold-the-offering-price rule remains applicable to any maturity of the Bonds, the Underwriter will neither offer nor sell unsold Bonds of that maturity to any person at a price that is higher than the initial offering price to the public during the period starting on the sale date and ending on the earlier of the following: 1. the close of the fifth (5th) business day after the sale date; or Packet Pg.2047 17 2. the date on which the Underwriter has sold at least 10% of that maturity of the Bonds to the public at a price that is no higher than the initial offering price to the public. The Underwriter shall promptly advise the City, after the close of the fifth (5th) business day, whether it has sold at least 10% of each Hold-the-Offering-Price maturity to the public at a price that is no higher than the initial offering price to the public of that maturity, if such sale has occurred prior to the close of the fifth (5th) business day after the sale date. The Underwriter confirms that: (i) any selling group agreement and any retail or other third-party distribution agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer who is a member of the selling group and each broker-dealer that is a party to such retail or other third-party distribution agreement, as applicable: (A) to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter, (B) to promptly notify the Underwriter of any sales of Bonds that, to its knowledge, are made to a purchaser who is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below), and (C) to acknowledge that, unless otherwise advised by the dealer or broker- dealer, the Underwriter shall assume that each order submitted by the dealer or broker-dealer is a sale to the public. (ii) any selling group agreement relating to the initial sale of the Bonds to the public, together with the related pricing wires, contains or will contain language obligating each dealer that is a party to a retail or other third-party distribution agreement to be employed in connection with the initial sale of the Bonds to the public to require each broker-dealer that is a party to such retail or other third-party distribution agreement to comply with the hold-the-offering-price rule, if applicable, if and for so long as directed by the Underwriter or the dealer and as set forth in the related pricing wires. (e) The City acknowledges that, in making the representation set forth in this section, the Underwriter will rely on (i) in the event a selling group has been created in connection with the initial sale of the Bonds to the public, the agreement of each dealer who is a member of the selling group to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds, as set forth in a selling group agreement and the related pricing wires, and (ii) in the event that a retail or other third-party distribution agreement was employed in connection with the initial sale of the Bonds to the public, the agreement of each broker-dealer that is a party to such agreement to comply with the requirements for establishing the issue price of the Bonds, including, but not limited to, its agreement to comply with the hold-the-offering-price rule, if applicable to the Bonds, as set forth in the retail or other third-party distribution agreement and the related pricing wires. Packet Pg.2048 18 (f) The Underwriter acknowledges that sales of any Bonds to any person that is a related party to an underwriter participating in the initial sale of the Bonds to the public (each such term being used as defined below) shall not constitute sales to the public for purposes of this section. Further, for purposes of this section: (i) “public” means any person other than an underwriter or a related party; (ii) “underwriter” means (A) any person that agrees pursuant to a written contract with the City (or with the lead underwriter to form an underwriting syndicate) to participate in the initial sale of the Bonds to the public and (B) any person that agrees pursuant to a written contract directly or indirectly with a person described in clause (A) to participate in the initial sale of the Bonds to the public (including a member of a selling group or a party to a retail or other third- party distribution agreement participating in the initial sale of the Bonds to the public); (iii) a purchaser of any of the Bonds is a “related party” to an underwriter if the underwriter and the purchaser are subject, directly or indirectly, to (A) more than 50% common ownership of the voting power or the total value of their stock, if both entities are corporations (including direct ownership by one corporation of another), (B) more than 50% common ownership of their capital interests or profits interests, if both entities are partnerships (including direct ownership by one partnership of another), or (C) more than 50% common ownership of the value of the outstanding stock of the corporation or the capital interests or profit interests of the partnership, as applicable, if one entity is a corporation and the other entity is a partnership (including direct ownership of the applicable stock or interests by one entity of the other); and (iv) “sale date” means the date of execution of this Purchase Agreement by all parties. 8. Notices. Any notice or other communication to be given to the City pursuant to this Bond Purchase Agreement may be given by delivering the same in writing to such entity, at the addresses set forth on the cover page hereof. Any notice or other communication to be given to the Underwriter under this Purchase Agreement may be given by delivering the same in writing to Hilltop Securities Inc., 2533 South Coast Highway 101, Suite 250, Cardiff by the Sea, California 92007, Attention: Public Finance. All such notices, requests or other communications may be made by telephone, personal or courier delivery, registered or certified mail, facsimile transmission or electronic communication, provided that delivery by facsimile transmission or electronic communication must be confirmed by the sender. The City and the Underwriter may, by notice given as aforesaid, specify a different address for any such notices, requests or other communications. 9. Parties In Interest. This Purchase Agreement is made solely for the benefit of the City and the Underwriter (including any successors or assignees of the Underwriter) and no other person shall acquire or have any right hereunder or by virtue hereof. The City and the Underwriter may not assign this Agreement. The term “successor” shall not include any holder of any Bonds merely by virtue of such holding. 10. Survival of Representations and Warranties. The representations and warranties of the City under this Purchase Agreement shall not be deemed to have been discharged, satisfied or otherwise rendered void by reason of the Closing and regardless of any investigations made by or on Packet Pg.2049 19 behalf of the Underwriter (or statements as to the results of such investigations) concerning such representations and statements of the City or the Community Facilities District and regardless of delivery of and payment for the Bonds. 11. Severability. If any provision of this Purchase Agreement is, or is held or deemed to be, invalid, inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions, because it conflicts with any provisions of any constitution, statute, rule of public policy or for any other reason, such circumstances shall not make the provision in question invalid, inoperative or unenforceable in any other case or circumstance, or make any other provision or provisions of this Agreement invalid, inoperative or unenforceable to any extent whatsoever. 12. Execution in Counterparts. This Purchase Agreement may be executed by the parties hereto in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute but one and the same instrument. 13. No Prior Agreements. This Purchase Agreement supersedes and replaces all prior negotiations, agreements and understanding between the parties hereto in relation to the sale of the Bonds by the City. 14. Governing Law. This Purchase Agreement shall be governed by the laws of the State applicable to contracts made and performed in the State. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK; SIGNATURE PAGE FOLLOWS] Packet Pg.2050 20 15. Effective Date. This Purchase Agreement shall become effective and binding upon the respective parties hereto upon the execution of the acceptance hereof by the City and shall be valid and enforceable as of the time of such acceptance. Very truly yours, HILLTOP SECURITIES INC. By: Its: Managing Director The foregoing is hereby agreed to and accepted as of the date first above written: CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2020-1 (Rancho Palma) of the City of San Bernardino By: Authorized Representative Time of Execution: _____________ p.m. California time [EXECUTION PAGE OF BOND PURCHASE AGREEMENT – COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS] Packet Pg.2051 A-1 EXHIBIT A MATURITY SCHEDULE ____________ Maturity (September 1) Principal Amount Interest Rate Yield Price 10% Test Satisfied* 10% Test Not Satisfied Subject to Hold-The- Offering-Price Rule (marked if used) 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031 2032 2033 20__(T) 20__(T) 20__(T) _________________ (T) Term Bond. (C) Priced to optional call at [par] on September 1, 20__. *At the time of execution of this Purchase Agreement and assuming orders are confirmed by the close of the business day immediately following the date of this Purchase Agreement. Packet Pg.2052 B-1 EXHIBIT B FORM OF CITY ATTORNEY OPINION [Closing Date] Hilltop Securities Inc. Cardiff by the Sea, CA City of San Bernardino San Bernardino, CA Re: Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds Ladies and Gentlemen: I serve as City Attorney to the City of San Bernardino (the “City”). This opinion is addressed to you in connection with the issuance by the City of its Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”) in the principal amount of $______. The Bonds are being issued pursuant to a Fiscal Agent Agreement, dated as of August 1, 2022 (the “Fiscal Agent Agreement”), between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent ”) and sold pursuant to the Bond Purchase Agreement dated [BPA Date] (the “Purchase Agreement”), between the City and Hilltop Securities Inc., as underwriter (the “Underwriter”). Capitalized terms not otherwise defined herein shall have the meanings ascribed thereto in the Fiscal Agent Agreement or, if not defined in the Fiscal Agent Agreement, in the Purchase Agreement. In rendering this opinion, I have made the assumption that all documents submitted to or reviewed by me are accurate and complete and, if not originals, are true and correct copies of originals. As to questions of fact material to this opinion letter, I have relied upon representations and information supplied to me by the City and its officers, employees, and representatives and upon representations and certificates of various public officials. In the course of my representation, nothing has come to my attention that caused me to believe that any of the factual representations upon which I have relied are not true, but I have made no other factual investigations. When used herein, the phrase “to my current actual knowledge” means that, during the course of my representation of the City, no information that would give me current actual knowledge of the inaccuracy of such statements has come to my attention. However, I have not undertaken any independent investigation or inquiry to determine the accuracy of such statements other than inquiries of officers of the City. Any limited inquiry undertaken by me during the preparation of this opinion letter should not be regarded as such an investigation. No inference as to my knowledge of any matters bearing on the accuracy of any such statement should be drawn from the fact of my representation of the City, either past or present. For the purpose of rendering the opinions set forth below, I have assumed that the Bonds have been issued in compliance with the provisions of the Mello-Roos Community Facilities Act of 1982 of the State of California (being §§53311 et seq., of the California Government Code), that the Bonds have been issued in accordance with the requirements of the Fiscal Agent Agreement, and that Packet Pg.2053 B-2 such issuance does not result in the violation of any constitutional, statutory, or other limitation relating to the amount of indebtedness that may be incurred by the City. Based on and subject to the foregoing, and in reliance thereon, as of the date hereof, I am of the opinion that: 1. The City is a public body, corporate and politic, duly organized and existing under and by virtue of the laws of the State of California. 2. The meetings of the City relating to the proceedings taken in connection with the issuance of the Bonds were duly called and held and the Resolution was duly adopted or enacted and is in full force and effect and has not been amended, modified or supplemented in any way. 3. The Purchase Agreement, the Fiscal Agent Agreement, the Continuing Disclosure Certificate and the Bonds have been duly authorized and executed by the City and, assuming the due authorization, execution, and delivery of the Purchase Agreement, Continuing Disclosure Certificate, and the Fiscal Agent Agreement by and their enforceability against the other parties thereto, the Purchase Agreement, Continuing Disclosure Certificate, the Fiscal Agent Agreement and the Bonds are legal, valid, binding agreements of the City for the District enforceable against the City in accordance with their respective terms, except as such enforceability may be limited by bankruptcy, insolvency, reorganization, arrangement, fraudulent conveyance, moratorium, or other laws relating to or affecting the enforcement of creditors’ rights generally; by the application of general principles of equity, including without limitation concepts of materiality, reasonableness, good faith, and fair dealing, regardless of whether considered in a proceeding in equity or at law; the possible unavailability of specific performance or injunctive relief; and by the limitations imposed on actions against governmental entities in the State of California. 4. The adoption of the Resolution and the execution and delivery by the City of the Purchase Agreement, the Fiscal Agent Agreement, Continuing Disclosure Certificate, and the Bonds and compliance with the provisions thereof by the City do not violate any applicable law, regulation or, to the best of my current actual knowledge, judgment, order or decree of any court or any public or governmental agency or authority of the State of California or the federal government of the United States of America and, to the best of my current actual knowledge, do not result in the breach of any of the provisions of, or constitute a default under, any indenture, mortgage, deed of trust or other agreement or instrument to which the City is a party or by which it is otherwise subject. 5. To my current actual knowledge, the City is not violating any applicable law or administrative regulation of the State of California or the United States, is not violating or in breach of any applicable judgment or decree, and is not in breach of or default under any loan agreement, note, resolution, agreement or other instrument to which the City is a party or is otherwise subject, which violation, breach, or default would materially adversely affect the transactions contemplated by the Purchase Agreement, the Fiscal Agent Agreement, or the Bonds. The opinions set forth above are further qualified as follows: (a) My opinions are limited to the matters expressly set forth herein and no opinion is to be implied or may be inferred beyond the matters expressly so stated; Packet Pg.2054 B-3 (b) I am licensed to practice law in the State of California; accordingly, the foregoing opinions only apply insofar as the laws of the State of California and the United States may be concerned, and I express no opinion with respect to the laws of any other jurisdiction; (c) I express no opinion as to the enforceability under certain circumstances of contractual provisions respecting various summary remedies without notice or opportunity for hearing or correction, especially if their operation would work a substantial forfeiture or impose a substantial penalty upon the burdened party; (d) I express no opinion as to the effect or availability of any specific remedy provided for in the Fiscal Agent Agreement under particular circumstances, except that I believe such remedies are, in general, sufficient for the practical realization of the rights intended thereby; (e) I express no opinion as to the enforceability of any indemnification, contribution, choice of law, choice of forum, or waiver provisions contained in the Fiscal Agent Agreement or the Purchase Agreement; (f) I express no opinion concerning the application to or compliance with federal securities law, including but not limited to the Securities Act of 1933, as amended, and the Trust Indenture Act of 1939, as amended, any state securities or “Blue Sky” law, or any federal, state or local tax law, of the Bonds or the issuance and sale thereof; (g) I disclaim any obligation to update this opinion for events occurring after the date hereof or any new facts or information that may become known to me after the date of this opinion; I hereby confirm to you that, to my current actual knowledge, there are no actions, suits, proceedings, inquiries or investigations, at law or in equity, before or by any court, governmental agency, public board or body that are pending and have been served, or overtly threatened in writing against the City, contesting the titles of its officers to their respective offices, or seeking to restrain or to enjoin the issuance, sale or delivery of the Bonds, the application of the proceeds thereof in accordance with the Resolution, or the Fiscal Agent Agreement, or the collection or application of the Special Taxes and the interest thereon to pay the principal of and interest on the Bonds, or in any way contesting or affecting the validity or enforceability of the Bonds, the Resolution, the Fiscal Agent Agreement, the Continuing Disclosure Certificate, or the powers of the City or its authority with respect to the Bonds, the Resolutions, the Fiscal Agent Agreement, the Continuing Disclosure Certificate, the Purchase Agreement or any action on the part of the City contemplated by any of said documents. As counsel to the City in this matter, I have not rendered financial advice to the City and do not represent, by this opinion or otherwise, that I have reviewed or made any assessment about, nor do I offer any opinion about, the financial condition of the City, past, present or future, including any financial information contained in the documents; nor have I reviewed the financial feasibility of this transaction or those projects that the proceeds of the Bonds will fund or any of their components, and, accordingly, I offer no opinion whatsoever regarding such financial feasibility. This letter is furnished by me as City Attorney. No attorney-client relationship has existed or exists between me and the Underwriter in connection with the Bonds or by virtue of this letter. This letter is delivered to the Underwriter solely for their benefit in connection with the transactions covered by the first paragraph of this letter and may not be relied upon or used by, circulated, quoted or referred to, nor may copies hereof be delivered to, any other person or for any other purpose Packet Pg.2055 B-4 without my prior written approval; provided, however, that copies of this opinion may be included in the closing transcripts for the transactions covered by the first paragraph of this letter. This letter is not intended to be relied upon by owners of Bonds. Very truly yours, Packet Pg.2056 C-1 EXHIBIT C COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS CLOSING CERTIFICATE OF THE CITY I, the undersigned, hereby certify that I am the ________ of the City of San Bernardino (the “City”), the City Council of the City (the “City Council”) of which is the legislative body for Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “Community Facilities District”), a community facilities district duly organized and existing under the laws of the State of California (the “State”) and I am authorized to execute this Certificate on behalf of the City in connection with the issuance of the above-captioned bonds (the “Bonds”). All capitalized terms used and not otherwise defined herein shall have the meanings given such terms in the Bond Purchase Agreement (the “Bond Purchase Agreement”), dated [BPA Date], by and between the City and Hilltop Securities Inc. I further certify on behalf of the City that: (i) The representations, warranties and covenants of the City contained in the Bond Purchase Agreement are true and correct in all material respects on and as of the date hereof as if made on the date hereof; (ii) The Community Facilities District Resolutions, Formation Documents and the City Documents are in full force and effect and have not been amended, modified or supplemented; (iii) Except as disclosed in the Official Statement, there is no action, suit, proceeding, inquiry or investigation at law or in equity, or by any court or regulatory agency, public board or body pending, with respect to which the City or the Community Facilities District has been served with process, or to the knowledge of the City, threatened wherein an unfavorable decision, ruling or finding would: (a) affect the creation, organization, existence or powers of the City or the Community Facilities District, or the titles of their officers to their respective offices, (b) enjoin or restrain the issuance, sale and delivery of the Bonds, the levy or collection of the Special Taxes or any other moneys or property pledged or to be pledged under the Fiscal Agent Agreement, or the pledge thereof, (c) in any way question or affect any of the rights, powers, duties or obligations of the City or the Community Facilities District with respect to the Special Taxes or moneys and assets pledged or to be pledged to pay the principal of, premium, if any, or interest on the Bonds, (d) in any way question or affect any authority for the issuance of the Bonds, or the validity or enforceability of the Bonds or the proceedings relating to the issuance of the Bonds, or (e) in any way question or affect the Bond Purchase Agreement or the transactions contemplated thereby, the Official Statement or the City Documents; (iv) The information in the Preliminary Official Statement (other than statements pertaining to the book-entry system, as to which no view is expressed) as of its date was and as of the date hereof is, and in the Official Statement (other than statements pertaining to the book-entry system, as to which no view is expressed) as of its date was and as of the date hereof is, true and correct in all material respects and does not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading; Packet Pg.2057 C-2 (v) The City has complied with all agreements and covenants, and satisfied all conditions, on its part to be complied with or satisfied under the Bond Purchase Agreement and under the Community Facilities District Resolutions, the Formation Documents, the City Documents and the Official Statement at or prior to the date hereof; (vi) No event has occurred since the date of the Official Statement which either makes untrue or incorrect in any material respect as of the date hereof any statement or information contained in the Preliminary Official Statement or the Official Statement (other than statements pertaining to the book-entry system as to which no view is expressed) or is not reflected in the Official Statement but should be reflected therein in order to make the statements and information therein not misleading in any material respect; and (vii) The use of and distribution by the Underwriter of the Preliminary Official Statement and the Official Statement in connection with the offer and sale of the Bonds is hereby ratified. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the date set forth below. Dated: [Closing Date]CITY OF SAN BERNARDINO By: Its: Packet Pg.2058 D-1 EXHIBIT D COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS CERTIFICATE OF SPECIAL TAX CONSULTANT The undersigned hereby states and certifies: 1. That the undersigned is an authorized officer of Spicer Consulting Group, LLC (the “Special Tax Consultant”) and as such is familiar with the facts herein certified and is authorized and qualified to certify the same. 2. That the Special Tax Consultant has reviewed and is familiar with the Rate and Method of Apportionment of Special Tax (the “Rate and Method”) as set forth in Appendix A to the Official Statement dated [BPA Date], for Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “Community Facilities District”) 2022 Special Tax Bonds. Capitalized terms not otherwise defined herein shall be defined as provided in the Rate and Method or the Fiscal Agent Agreement, dated as of August 1, 2022, between the City of San Bernardino (the “City”) and U.S. Bank Trust Company, National Association, as Fiscal Agent . 3. That the Special Taxes, if levied in accordance with the Rate and Method and collected will annually yield sufficient revenue to make timely payments of the Annual Debt Service on the Bonds, and annual Administrative Expenses related to the levy and collection of the Special Taxes and the expenses of the Fiscal Agent for the Bonds (no representation is made as to the actual amounts that will be collected in future years). 4. That the Special Tax, if collected in the maximum amounts permitted pursuant to the Rate and Method on the Closing Date, after payment of annual Administrative Expenses related to the levy and collection of the Special Taxes and the expenses of the Fiscal Agent for the Bonds, would annually generate at least 110% of the Annual Debt Service payable with respect to the Bonds payable from such Special Taxes assuming the debt service schedule shown in the Official Statement is true and correct. 5. That all information supplied by the Special Tax Consultant for use in the Official Statement is true and correct, as of the date of the Official Statement and as of the date hereof. 6. That, as of the dates of the Preliminary Official Statement and the Official Statement and as of the date hereof, the information contained in those portions of the Official Statement entitled “THE DISTRICT” and “APPENDIX A,” including the tables sourced to the Special Tax Consultant, and the other data provided by the Special Tax Consultant and included in the Official Statement, do not, to our knowledge, contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made therein, in light of the circumstances under which they were made, not misleading. 7. The City, Hilltop Securities Inc., Best Best & Krieger LLP and all the professionals involved in the financing are entitled to rely on this Certificate. Packet Pg.2059 D-2 Dated: [Closing Date] SPICER CONSULTING GROUP, LLC By: Authorized Representative Packet Pg.2060 E-1 EXHIBIT E $________ COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS FORM OF ISSUE PRICE CERTIFICATE The undersigned, on behalf of Hilltop Securities Inc. (“Hilltop”) hereby certifies as set forth below with respect to the sale and issuance of the above-captioned bonds (the “Bonds”). 1.Sale of the General Rule Maturities. As of the date of this certificate, for each Maturity of the General Rule Maturities, the first price at which at least 10% of such Maturity was sold to the Public is the respective price listed in Schedule A. 2.Defined Terms. (a)General Rule Maturities means those Maturities of the Bonds listed in Schedule A hereto as the “General Rule Maturities.” (b)Issuer means City of San Bernardino. (c)Maturity means Bonds with the same credit and payment terms. Bonds with different maturity dates, or Bonds with the same maturity date but different stated interest rates, are treated as separate Maturities. (d)Public means any person (including an individual, trust, estate, partnership, association, company, or corporation) other than an Underwriter or a related party to an Underwriter. The term “related party” for purposes of this certificate generally means any two or more persons who have greater than 50 percent common ownership, directly or indirectly. The representations set forth in this certificate are limited to factual matters only. Nothing in this certificate represents Hilltop’s interpretation of any laws, including specifically Sections 103 and 148 of the Internal Revenue Code of 1986, as amended, and the Treasury Regulations thereunder. The undersigned understands that the foregoing information will be relied upon by the Issuer with respect to certain of the representations set forth in a Certificate as to Arbitrage and Tax Compliance Procedures for the Bonds and with respect to compliance with the federal income tax rules affecting the Bonds, and by Best Best & Krieger LLP in connection with rendering its opinion that the interest on the Bonds is excluded from gross income for federal income tax purposes, the preparation of the Internal Revenue Service Form 8038-G, and other federal income tax advice that it may give to the Issuer from time to time relating to the Bonds. Packet Pg.2061 E-2 Dated: [Closing Date] HILLTOP SECURITIES INC. By: Title: -Signature Page- Issue Price Certificate Packet Pg.2062 E-3 SCHEDULE A SALE PRICES OF THE GENERAL RULE MATURITIES (To be attached) Packet Pg.2063 F-1 EXHIBIT F COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS CERTIFICATE OF TH RANCHO PALMA, LLC [POS Date] City of San Bernardino Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Hilltop Securities, Inc. 2533 South Coast Highway 101, Suite 250 Cardiff, CA 92007 Reference is made to the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, 2022 Special Tax Bonds (the “Bonds”) and to the Bond Purchase Agreement (the “Bond Purchase Agreement”) to be entered into by and between the City of San Bernardino (the “City”), for and on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “Community Facilities District”), and Hilltop Securities, Inc., as underwriter (the “Underwriter”). This Certificate of TH Rancho Palma, LLC (the “Certificate”) is delivered pursuant to and in satisfaction of Section 3(E)(20) of the Bond Purchase Agreement. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Bond Purchase Agreement. As used in this Certificate, the phrase “Actual Knowledge of the Undersigned” means, as of the date of this Certificate, the actual knowledge (as opposed to constructive) that the undersigned currently has or has obtained through (i) interviews with such current officers and responsible employees of the Property Owner as the undersigned has reasonably determined are likely, in the ordinary course of their respective duties, to have knowledge of the matters set forth in this Certificate, and/or (ii) review of documents reasonably available to the undersigned and which the undersigned reasonably deemed necessary for the undersigned to obtain knowledge of the matters set forth in this Certificate. The undersigned has not conducted any extraordinary inspection or inquiry other than such inspections or inquiries as are prudent and customary in connection with the ordinary course of the Property Owner’s current business and operations. The undersigned has not contacted individuals who are no longer employed by the Property Owner. As used in this Certificate, the term “Relevant Entity” means, with respect to the Property Owner, any other Person (i) who directly, or indirectly through one or more intermediaries, is currently controlling, controlled by or under common control with the Property Owner, and (ii) for whom information, including financial information or operating data, concerning such Person is material to an evaluation of the Bonds (i.e. such person or entity’s assets or funds Packet Pg.2064 F-2 would materially affect the Property Owner’s ability to develop the Property (defined below) as described in the Preliminary Official Statement or to pay its Special Taxes on the Property to the extent the responsibility of the Property Owner) prior to delinquency). As used in this Certificate, the term “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. For purposes hereof, the term “control” (including the terms “controlling,” “controlled by” or “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. As used in this Certificate, the term “Property” means the real property currently owned by the Property Owner within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “Community Facilities District”), as further described in the Preliminary Official Statement. The undersigned certifies that he or she is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of TH Rancho Palma, LLC, a Delaware limited liability company (the “Property Owner”), and the undersigned, on behalf of the Property Owner, further certifies as follows: (1) The Property Owner is duly organized and validly existing under the laws of the State of Delaware, is authorized to transact business in and is in good standing under the laws of the State of California, and has or will have prior to the Closing, all requisite limited liability company right, power and authority: (i) to execute and deliver this Certificate; (ii) to own and develop the Property, as described in the Preliminary Official Statement; (iii) to execute and deliver the Property Owner Continuing Disclosure Certificate at Closing; (iv) to perform its obligations under the Property Owner Continuing Disclosure Certificate; and (v) to carry on its business as described in the Preliminary Official Statement. (2) The Property Owner agrees to execute at Closing the Property Owner Continuing Disclosure Certificate substantially in the form attached as an appendix to the Preliminary Official Statement, with such additional changes as may be agreed upon by the Underwriter, Bond Counsel and the Property Owner. (3) Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the Property Owner is not aware of any material failures by it or any Relevant Entity to comply in all material respects with any previous continuing disclosure undertaking in a written certificate or agreement executed by it or its Relevant Entities to provide periodic continuing disclosure reports or notices of listed events with Packet Pg.2065 F-3 respect to community facilities districts or assessment districts in California within the past five years.. (4) To the Actual Knowledge of the Undersigned, (a) the Property Owner and its Relevant Entities are not in breach of or in default under any applicable judgment or decree or any loan agreement, line of credit, option agreement, development agreement, indenture, fiscal agent agreement, bond or note (collectively, the “Material Agreements”) to which the Property Owner or its Relevant Entities are a party or otherwise subject, which breach or default could reasonably be expected to materially and adversely affect the ability of the Property Owner: (i) to own and develop the Property, as described in the Preliminary Official Statement; (ii) to pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (iii) to carry on its business as described in the Preliminary Official Statement; or (iv) to perform its obligations under the Property Owner Continuing Disclosure Certificate. (5) Except as described in the Preliminary Official Statement, the Property Owner has no loans outstanding and unpaid and no lines of credit that are secured by the Property. (6) Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, neither the Property Owner nor any of its Relevant Entities is currently in default in, or, in the last five (5) years, has ever defaulted to any material extent in, the payment of special taxes or assessments in connection with the Community Facilities District or any other community facilities districts or assessment districts in California that resulted in a foreclosure action being commenced in a court of law against the delinquent Property Owner or Relevant Entity. (7) Except as disclosed in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, there is no litigation, inquiry, investigation or administrative proceeding, by or before any court, regulatory agency, public board or body, pending against the Property Owner (with service of process to the Property Owner having been accomplished), or to the Actual Knowledge of the Undersigned, overtly threatened in writing against the Property Owner, or to the Actual Knowledge of the Undersigned, pending against any Relevant Entity (with service of process to such Relevant Entity having been accomplished), or to the Actual Knowledge of the Undersigned, overtly threatened in writing against any Relevant Entity, in each case which, if successful, could reasonably be expected to: (i) materially and adversely affect the ability of the Property Owner to own and develop the Property, as described in the Preliminary Official Statement; Packet Pg.2066 F-4 (ii) materially and adversely affect the ability of the Property Owner to pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (iii) materially and adversely affect the ability of the Property Owner to carry on its business as described in the Preliminary Official Statement; (iv) materially adversely affect the ability of the Property Owner to perform its obligations under the Property Owner Continuing Disclosure Certificate; (v) challenge, question the validity or enforceability of, or restrain or enjoin the performance of, the Special Taxes, the Bonds, the Resolution, the Fiscal Agent Agreement, the Property Owner Continuing Disclosure Certificate or the Bond Purchase Agreement; or (vi) restrain or enjoin collection of Special Taxes or other sums to be pledged to pay the principal of and interest on the Bonds. (8) Except as disclosed in the Preliminary Official Statement or in this Certificate: (i) the Property Owner and, to the Actual Knowledge of the Undersigned, its Relevant Entities, are able to pay their respective bills as they become due; (ii) neither the Property Owner nor, to the Actual Knowledge of the Undersigned, any of its Relevant Entities, has filed for bankruptcy or been declared bankrupt in the last ten (10) years; and (iii) to the Actual Knowledge of the Undersigned, there are no proceedings pending against the Property Owner (with service of process to the Property Owner having been accomplished) or overtly threatened in writing in which the Property Owner or any of its Relevant Entities may be adjudicated as bankrupt, become the debtor in a bankruptcy proceeding, be discharged from any or all of its respective debts or obligations, be granted an extension of time to pay its respective debts or obligations, or be granted a reorganization or readjustment of its respective debts or obligations. (9) As of the date of the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, the information contained therein solely with respect to the Property Owner, its Relevant Entities, the proposed development of the Property, ownership of the Property, the Property Owner’s development plan, the Property Owner’s financing plan, the RAH Property Owner’s lenders (if any), and contractual arrangements of the Property Owner or any Relevant Entities (including, if material to the Property Owner’s development plan or the Property Owner’s financing plan, loans of the Property Owner or such Relevant Entities) as set forth under the sections of the Preliminary Official Statement captioned “THE DISTRICT—General Description of the District” and “—Trumark” and “CONTINUING DISCLOSURE—Developer Continuing Disclosure” (but in all ases under all captions excluding therefrom (i) information regarding the Appraisal Report, market value ratio and annual special tax rates and ratios, and (ii) information which is identified as having been Packet Pg.2067 F-5 provided by a source other than the Property Owner) is true and correct in all material respects, and did not contain any untrue statement of a material fact or omit to state any material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading. (10) Except as disclosed in the Preliminary Official Statement, the Property Owner has not submitted an application for, nor received actual notice of: (i) the formation or authorization of any other assessment district or community facilities district that would include any portion of the Property, or (ii) the authorization or issuance of any debt secured by an assessment or another special tax to be levied on any portion of the Property, other than the Special Tax. (11) Except as set forth in the Preliminary Official Statement, to the Actual Knowledge of the Undersigned, there are no claims, disputes, lawsuits, actions or contingent liabilities of or against the Property Owner or its Relevant Entities, or among, by or between the Property Owner and any contractors working on the development of the Property, which could reasonably be expected to materially and adversely affect: (i) the ability of the Property Owner to own and develop the Property, as described in the Preliminary Official Statement; (ii) the ability of the Property Owner to pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (iii) the ability of the Property Owner to carry on its business as described in the Preliminary Official Statement; or (iv) the ability of the Property Owner to perform its obligations under the Property Owner Continuing Disclosure Certificate. (12) The Property Owner covenants that, while the Bonds or any refunding obligations related thereto are outstanding, the Property Owner will not bring any action, suit, proceeding, inquiry or investigation at law or in equity, before any court, regulatory agency, public board or body, that in any way: (i) seeks to challenge or overturn the formation of the Community Facilities District; (ii) seeks to challenge the adoption of the ordinance levying Special Taxes within the Community Facilities District; (iii) seeks to invalidate the Community Facilities District or any of the Bonds or any refunding obligations relating thereto; or (iv) seeks to invalidate the special tax liens imposed under Section 3115.5 of the Streets and Highways Code based on recordation of the notices of special tax lien relating thereto. Packet Pg.2068 F-6 The foregoing covenant shall not prevent the Property Owner in any way from bringing any other action, suit, proceeding, inquiry or investigation at law or in equity relating to the following: (a) a claim that the Special Tax has not been levied in accordance with the Rate and Method; (b) the application or use of the Special Taxes levied and collected; or (c) the enforcement of the obligations of the City or the Community Facilities District under the Fiscal Agent Agreement or any agreements among the Property Owner and it Relevant Entities, the City and/or the Community Facilities District or to which the Property Owner or its Relevant Entities is a party or beneficiary. (13) The Property Owner has received a copy of the Rate and Method containing the prepayment formula. The Property Owner acknowledges that any prepayment of the Special Taxes may only be made in accordance with the Rate and Method. (14) The Property Owner intends to comply with the provision of the Mello-Roos Community Facilities Act of 1982, as amended, relating to the Notice of Special Tax described in California Government Code Section 53341.5 in connection with the sale of the Property. (15) Based upon its current development plans, including, without limitation, its current budget and subject to economic conditions and risks generally inherent in the development of real property, including, but not limited to, the risks described in the Preliminary Official Statement under the sections “RISK FACTORS” and “THE DISTRICT,” the Property Owner anticipates that it will have sufficient funds to develop and sell the Property as described in the Preliminary Official Statement and pay Special Taxes on the Property (to the extent the responsibility of the Property Owner) prior to delinquency. However, no assurance can be given that sources of financing available to the Property Owner will be sufficient to complete the property development and home construction as currently anticipated and as described in the Preliminary Official Statement. While the Property Owner has made such internal financing available in the past, there can be no assurance whatsoever of its willingness or ability to do so in the future. Neither the Property Owner nor any of its Relevant Entities has any legal obligation of any kind to make any such funds available or to obtain loans. Other than pointing out the willingness of the Property Owner to provide internal financing in the past, the Property Owner has not represented in any way that it will do so in the future. If and to the extent that internal financing and home sales revenues are inadequate to pay the costs to complete the Property Owner’s planned development in the Community Facilities District and other financing by the Property Owner is not put into place, there could be a shortfall in the funds required to complete the proposed development by the Property Owner and portions of the Property may not be developed. (16) The Property Owner consents to the issuance of the Bonds. The Property Owner acknowledges and agrees that the proceeds of such Bonds will be used for the acquisition and construction of the improvements described in the Preliminary Official Statement. The Property Owner acknowledges that the costs to acquire and construct such improvements are estimates, and that any increase in costs in excess of the estimated costs Packet Pg.2069 F-7 relating to improvements will reduce the improvements which may be financed by the City, and neither the City, nor the Community Facilities District has any obligation to provide moneys to pay for any such costs. (17) If between the date of this Certificate and the Closing Date, any event relating to or affecting such Property Owner, its Relevant Entities, or the ownership, development or sale of the Property shall occur of which the undersigned has actual knowledge and which the undersigned believes would cause the information under the sections of the Preliminary Official Statement indicated in Paragraph 9 hereof (and subject to the limitations and exclusions contained in Section 9 of this Certificate) to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, Property Owner shall notify the City and the Underwriter and if, in the opinion of counsel to the City or the Underwriter, such event requires the preparation and publication of a supplement or amendment to the Preliminary Official Statement, the Property Owner shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Preliminary Official Statement in form and substance satisfactory to counsel to the City and to the Underwriter. (18) the Property Owner agrees to deliver a Bring-Down Certificate, dated the Closing Date, in substantially the form attached as Appendix G to the Bond Purchase Agreement. If any event related to or affecting the Property Owner, its Relevant Entities or the ownership, development or sale of the Property occurs, as a result of which it is necessary to modify the form of Bring-Down Certificate, the Property Owner agrees to deliver at the time of issuance of the Bonds a new form of Bring-Down Certificate revised to reflect such event. (19) The Property Owner acknowledges and agrees that: (i) in connection with the purchase and sale of the Bonds under the Bond Purchase Agreement, and with the discussions, undertakings and procedures leading up to the consummation of the purchase and sale of the Bonds under the Bond Purchase Agreement, the Underwriter is and has been acting solely as principal and is not acting as the agent or fiduciary of the Property Owner; (ii) the Underwriter has not assumed a fiduciary responsibility in favor of the Property Owner with respect to (a) the offering of the Bonds contemplated hereby or the process leading thereto (whether or not the Underwriter, or any affiliate of the Underwriter, has advised or is currently advising the Property Owner on other matters), or (b) any other obligation to the Property Owner with respect to the offering contemplated by the Bond Purchase Agreement; and (iii) the Property Owner has consulted its own legal, financial and other advisors to the extent it has deemed appropriate in connection with the offering contemplated by the Bond Purchase Agreement. (20) On behalf of the Property Owner, I have reviewed the contents of this Certificate and consulted with counsel regarding the meaning of its contents. The Property Owner acknowledges and understands that a variety of state and federal laws, including but Packet Pg.2070 F-8 not limited to the Securities Act of 1933, as amended, and Rule 10b-5 promulgated under the Securities Exchange Act of 1934, as amended, may apply to the Property Owner, and that under some circumstances certification as to the matters set forth in this Certificate, without additional disclosures or other action, may not fully discharge all duties and obligations of the Property Owner under such laws. [Remainder of Page Intentionally Left Blank; Signature Page Follows] Packet Pg.2071 F-9 The undersigned has executed this Certificate solely in his or her capacity as an authorized officer or representative of Property Owner and he or she will have no personal liability arising from or relating to this Certificate. Any liability arising from or relating to this Certificate may only be asserted against the Property Owner. TH RANCHO PALMA, LLC, a Delaware limited liability company By:___________________________________________ Richard P. Douglas, Authorized Agent Packet Pg.2072 G-1 EXHIBIT G COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS BRING-DOWN CERTIFICATE OF TH RANCHO PALMA, LLC [Closing Date] City of San Bernardino Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Hilltop Securities, Inc. 2533 South Coast Highway 101, Suite 250 Cardiff, CA 92007 Reference is made to the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, 2022 Special Tax Bonds (the “Bonds”) and to the Bond Purchase Agreement, dated [BPA Date] (the “Bond Purchase Agreement”), entered in connection therewith. This Bring-Down Certificate of TH Rancho Palma, LLC (the “Bring-Down Certificate”) is delivered by TH Rancho Palma, LLC, a Delaware limited liability company (the “Property Owner”) pursuant to Section 3(E)(22) of the Bond Purchase Agreement. Capitalized terms used herein and not otherwise defined have the meanings ascribed to them in the Certificate of TH Rancho Palma, LLC (the “Certificate”), dated [POS Date] delivered by the Property Owner in connection with the distribution of the Preliminary Official Statement relating to the Bonds. The undersigned certifies that he or she is familiar with the facts herein certified and is authorized and qualified to certify the same as an authorized officer or representative of the Property Owner, and the undersigned, on behalf of the Property Owner, further certifies as follows: (1) The undersigned has received the final Official Statement relating to the Bonds, dated [OS Date] (the “Final Official Statement”). Each statement made in the Certificate is affirmed and restated as if made on the date hereof; except that all references therein to the Preliminary Official Statement shall be deemed to be references to the Final Official Statement. (2) To the Actual Knowledge of the Undersigned, no event has occurred since the date of the Preliminary Official Statement that has, in any material way, adversely affected the statements and information described in Paragraph 9 of the Certificate (and subject to the limitations and exclusions contained in Paragraph 9 of the Certificate) relating to the Property Owner and its Relevant Entities, the Property, the Property Owner’s development and financing plans, and the Property Owner’s contractual arrangements (but excluding any information cited as coming from a source other than the Property Owner), which should be disclosed in the Final Official Statement for Packet Pg.2073 G-2 the purposes for which it is to be used in order to make such statements and information contained in the Final Official Statement not misleading in any material respect. (3) For a period of 25 days after the Closing Date, if the undersigned has actual knowledge of any event relating to or affecting the Property Owner, its Relevant Entities, or the ownership development or sale of the Property which could cause the information under the captions of the Final Official Statement indicated in Paragraph 9 of the Certificate (and subject to the limitations and exclusions contained in Paragraph 9 of the Certificate) to contain an untrue statement of a material fact or to omit to state a material fact necessary to make the statements therein, in the light of the circumstances under which they were made, not misleading, the Property Owner shall notify the City and the Underwriter and if, in the opinion of counsel to the City or the Underwriter, such event requires the preparation and publication of a supplement or amendment to the Final Official Statement, the Property Owner shall reasonably cooperate with the City in the preparation of an amendment or supplement to the Final Official Statement in form and substance satisfactory to counsel to the City and to the Underwriter. (4) The Property Owner has duly executed and delivered the Property Owner Continuing Disclosure Certificate, and the Property Owner Continuing Disclosure Certificate constitutes the legal, valid and binding obligation of the Property Owner, enforceable against the Property Owner in accordance with its terms, except as such enforcement is limited by bankruptcy, insolvency, reorganization, arrangement, moratorium, fraudulent conveyance, and other similar laws relating to or affecting the rights of creditors and certain equitable, legal, or statutory principles affecting the enforcement of contractual rights generally, regardless of whether such enforcement is considered in a proceeding in equity or at law. [Remainder of Page Intentionally Left Blank; Signature Page Follows] Packet Pg.2074 G-3 The undersigned has executed this Bring-Down Certificate solely in his or her capacity as an authorized officer or representative of Property Owner and he or she will have no personal liability arising from or relating to this Bring-Down Certificate. Any liability arising from or relating to this Bring-Down Certificate may only be asserted against the Property Owner. TH RANCHO PALMA, LLC, a Delaware limited liability company By:___________________________________________ Richard P. Douglas, Authorized Agent Packet Pg.2075 H-1 EXHIBIT H COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS CERTIFICATE OF APPRAISER The undersigned hereby states and certifies: 1. That he or she is an authorized principal of Kitty Siino &Associates, Inc., Tustin, California (the “Appraiser”) and as such is familiar with the facts herein certified and is authorized and qualified to certify the same. 2. That the Appraiser has prepared an appraisal report dated _______, 2022, with a date of value as of May 1, 2022 (the “Appraisal Report”), on behalf the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “Community Facilities District”) and in connection with the Official Statement dated [BPA Date] (“Official Statement”), concerning Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”). 3. That the Appraiser hereby consents to the reproduction and use of the Appraisal Report appended to the Preliminary Official Statement and the Official Statement. The Appraiser also consents to the references to the Appraiser and the Appraisal made in the Preliminary Official Statement and the Official Statement. 4. In the opinion of the Appraiser the assumptions made in the Appraisal Report are reasonable. 5. That the Official Statement has been reviewed on behalf of the Appraiser and to the best knowledge of the Appraiser the statements concerning the Appraisal Report and the value of the property contained under the captions “THE DISTRICT – Appraisal Report,” and “APPENDIX B – APPRAISAL REPORT” are true, correct and complete in all material respects and do not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements therein, in the light of the circumstances under which they were made, not misleading. 6. Each of the parcels appraised by the Appraiser is encompassed within the Community Facilities District as set forth in the boundary map of the Community Facilities District and the Appraisal Report fairly and accurately described, as of the stated date of value, the market values of the properties in the Community Facilities District that are subject to the special taxes. 7. That, as of the date of the Official Statement and as of the date hereof, the Appraisal Report appended to the Official Statement, to the best of my knowledge and belief, and subject to all of the Limiting Conditions and Major Assumptions set forth in the Appraisal Report, does not contain any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements contained therein, in the light of the circumstances under which they were made, not misleading, and no events or occurrences have been ascertained by us or have come to our attention that would materially and adversely affect the conclusions as to the market value of the Packet Pg.2076 H-2 appraised property stated in the Appraisal Report. However, we have not performed any procedures since the date of value of the Appraisal Report to obtain knowledge of such events or occurrences nor are we obligated to do so in the future. 8. The Appraisal Report complies with the Appraisal Standards for Land-Secured Financings issued by the California Debt and Investment Advisory Commission dated July, 2004. The City and Hilltop Securities Inc., as underwriter, are entitled to rely on the Certificate. Dated: [Closing Date] KITTY SIINO &ASSOCIATES, INC. By: Packet Pg.2077 PRELIMINARY OFFICIAL STATEMENT DATED ________, 2022 NEW ISSUE - BOOK-ENTRY ONLY NO RATING In the opinion of Best Best & Krieger, LLP, Riverside, California (“Bond Counsel”), subject to certain qualifications described in this Official Statement, under existing statutes, regulations, rulings and judicial decisions, and assuming certain representations and compliance with certain covenants and requirements described herein, the interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal alternative minimum tax. In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income tax. See “LEGAL MATTERS — Tax Exemption.” $3,480,000 COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS Dated: Date of Delivery Due: September 1, as shown on the inside front cover page The Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”) are being issued and delivered to (i) finance the construction and acquisition of public facilities needed with respect to the development within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (“City”), County of San Bernardino (“County”), State of California (the “District”), (ii) fund a reserve fund securing the Bonds, and (iii) pay costs of issuance of the Bonds. The District has been formed by the City and is located in the City and County. The Bonds are authorized to be issued pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California), and pursuant to a Fiscal Agent Agreement, dated as of __________ 1, 2022 (the “Fiscal Agent Agreement”), by and between the City, for and on behalf of the District, and U.S. Bank Trust Company, National Association as fiscal agent (the “Fiscal Agent”). The Bonds are special obligations of the City and the District and are payable solely from revenues derived from certain annual Special Taxes (as defined in this Official Statement) to be levied on and collected from the owners of certain taxable land within the District and from certain other funds pledged under the Fiscal Agent Agreement, all as further described in this Official Statement. The Special Taxes are to be levied according to the rate and method of apportionment for the District approved by the City Council of the City and the qualified electors within the District. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes” and APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” The City Council of the City is the legislative body of the District. The Bonds are issuable in fully registered form and when issued will be registered in the name of Cede & Co., as nominee of The Depository Trust Company, New York, New York (“DTC”). Individual purchases may be made in integral multiples of $5,000 and will be in book-entry form only. Purchasers of Bonds will not receive certificates representing their beneficial ownership of the Bonds but will receive credit balances on the books of their respective nominees. The Bonds will not be transferable or exchangeable except for transfer to another nominee of DTC or as otherwise described in this Official Statement. Interest on the Bonds will be payable semiannually on each March 1 and September 1, commencing March 1, 2023. Principal of and interest on the Bonds will be paid by the Fiscal Agent to DTC for subsequent disbursement to DTC Participants who are obligated to remit such payments to the beneficial owners of the Bonds. See “THE BONDS — General Provisions,” “— Book-Entry Only System” and APPENDIX G — “INFORMATION CONCERNING DTC.” Neither the faith and credit nor the taxing power of the City, the County, the State of California or any political subdivision of such entities is pledged to the payment of the Bonds. Except for the Special Tax Revenues (as defined herein), no other taxes are pledged to the payment of the Bonds. The Bonds are special obligations of the City and the District payable solely from Special Tax Revenues and certain other amounts held under the Fiscal Agent Agreement as more fully described in this Official Statement. The Bonds are subject to optional redemption, mandatory redemption prior to maturity from special tax prepayments and mandatory sinking fund redemption as described in this Official Statement. See “THE BONDS — Redemption.” Investment in the Bonds involves risks that are not appropriate for certain investors. Certain events could affect the ability of the City to pay the principal of and interest on the Bonds when due. See the section of this Official Statement entitled “RISK FACTORS” for a discussion of certain risk factors that should be considered, in addition to the other matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. This cover page contains certain 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 Official Statement to obtain information essential to the making of an informed investment decision. ____________________ MATURITY SCHEDULE (See Inside Cover Page) ____________________ The Bonds are offered when, as and if issued and accepted by Hilltop Securities, Inc., the Underwriter, subject to approval as to their legality by Best Best & Krieger LLP, Riverside, California, Bond Counsel, and subject to certain other conditions. Certain legal matters will be passed on for the City and the District by the City Attorney and by Best Best & Krieger LLP, Riverside, California, as Disclosure Counsel, for the Underwriter by Kutak Rock, LLP, Irvine, California, as counsel to the Underwriter, and for the Fiscal Agent by its counsel. It is anticipated that the Bonds in book-entry form will be available for delivery to DTC in New York, New York, on or about ___________, 2022. [UNDERWRITER LOGO] Dated: __________, 2022  Preliminary, subject to change.This Preliminary Official Statement and the information contained herein are subject to completion or amendment. These securities may not be sold nor may offers to buy be accepted prior to the time the Official Statement is delivered in final form. Under no circumstances shall this Preliminary Official Statement constitute an offer to sell or a solicitation of an offer to buy, nor shall there be any sale of these securities in any jurisdiction in which such offer, solicitation, or sale would be unlawful prior to registration or qualification under the securities laws of such jurisdiction.Packet Pg.2078 MATURITY SCHEDULE $3,480,000 COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS Base CUSIP No.† ______ Maturity Date (September1) Principal Amount Interest Rate Yield Price CUSIP†© $%%% $__________ ____% Term Bonds due September 1, 20__ Yield: ____% Price: __________ CUSIP No.† ___ $__________ ____% Term Bonds due September 1, 20__ Yield: ____% Price: __________ CUSIP No.† ___  Preliminary, subject to change. †CUSIP® is a registered trademark of the American Bankers Association. CUSIP data herein is provided by CUSIP Global Services, which as of March 1, 2022, is owned by FactSet Research Systems Inc. (“FactSet”). FactSet will manage the CUSIP system on behalf of the American Bankers Association. This information is not intended to create a database and does not serve in any way as a substitute for the CUSIP Services Bureau. CUSIP numbers have been assigned by an independent company not affiliated with the City, the District or the Underwriter and are included solely for the convenience of the registered owners of the applicable Bonds. None of the City, the District or the Underwriter is responsible for the selection or uses of these CUSIP numbers, and no representation is made as to their correctness on the applicable Bonds or as included herein. The CUSIP number for a specific maturity is subject to being changed after the issuance of the Bonds as a result of various subsequent actions including, but not limited to, a refunding in whole or in part or as a result of the procurement of secondary market portfolio insurance or other similar enhancement by investors that is applicable to all or a portion of certain maturities of the Bonds. Packet Pg.2079 CITY OF SAN BERNARDINO San Bernardino, California MEMBERS John Valdivia, Mayor Theodore Sanchez; First Ward Sandra Ibarra; Second Ward, Mayor Pro Tem Juan Figueroa; Third Ward Fred Shorett; Fourth Ward Ben Reynoso; Fifth Ward Kimberly Calvin; Sixth Ward Damon L. Alexander; Seventh Ward STAFF Robert D. Field, City Manager Barbara Whitehorn, Finance Director Genoveva Rocha, City Clerk Sonia R. Carvalho, City Attorney SPECIAL SERVICES Bond and Disclosure Counsel Best Best & Krieger LLP Riverside, California Fiscal Agent U.S. Bank Trust Company, National Association Los Angeles, California Municipal Advisor Columbia Capital Management, LLC Carlsbad, California Special Tax Consultant Spicer Consulting Group, LLC Temecula, California Packet Pg.2080 Except where otherwise indicated, all information contained in this Official Statement has been provided by the City and the District. No dealer, broker, salesperson or other person has been authorized by the City, the District, the Fiscal Agent or the Underwriter to give any information or to make any representations in connection with the offer or sale of the Bonds other than those contained in this Official Statement and, if given or made, such other information or representations must not be relied upon as having been authorized by the City, the District, the Fiscal Agent or the Underwriter. This Official Statement does not constitute an offer to sell or the solicitation of an offer to buy nor shall there be any sale of the Bonds by a person in any jurisdiction in which it is unlawful for such person to make such an offer, solicitation or sale. This Official Statement, deemed final by the City and the District, is not to be construed as a contract with the purchasers or Owners of the Bonds. Statements contained in this Official Statement which involve estimates, forecasts or matters of opinion, whether or not expressly so described in this Official Statement, are intended solely as such and are not to be construed as representations of fact. This Official Statement, including any supplement or amendment to this Official Statement, is intended to be deposited with the Electronic Municipal Market Access System of the Municipal Securities Rulemaking Board, which can be found at www.emma.msrb.org. The information set forth in this Official Statement which has been obtained from third party sources is believed to be reliable but is not guaranteed as to accuracy or completeness by the City or the District. The information and expressions of opinion in this Official Statement are subject to change without notice, and neither the delivery of this Official Statement nor any sale made hereunder shall, under any circumstances, create any implication that there has been no change in the affairs of the City or the District or any other parties described in this Official Statement since the date of this Official Statement. All summaries of the Fiscal Agent Agreement or other documents are made subject to the provisions of such documents respectively and do not purport to be complete statements of any or all of such provisions. Reference is made by this Official Statement to such documents on file with the City for further information. While the City maintains an Internet website for various purposes, none of the information on that website is incorporated by reference in this Official Statement or intended to assist investors in making any investment decision or to provide any continuing information with respect to the Bonds or any other bonds or obligations of the City. Any such information that is inconsistent with the information set forth in this Official Statement should be disregarded. The Underwriter has provided the following sentence for inclusion in this Official Statement: The Underwriter has reviewed the information in this Official Statement in accordance with, and as a part of, its responsibilities to investors under the federal securities laws as applied to the facts and circumstances of this transaction, but the Underwriter does not guarantee the accuracy or completeness of such information. Certain statements included or incorporated by reference in this Official Statement constitute “forward looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as “plan,” “expect,” “estimate,” “project,” “budget” or other similar words. Such forward-looking statements include, but are not limited to, certain statements contained in the information under the caption “THE DISTRICT.” THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THE CITY DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET FORTH IN THIS OFFICIAL STATEMENT. IN CONNECTION WITH THE OFFERING OF THE BONDS, THE UNDERWRITER MAY OVERALLOT OR EFFECT TRANSACTIONS WHICH STABILIZE OR MAINTAIN THE MARKET PRICE OF SUCH BONDS AT A LEVEL ABOVE THAT WHICH MIGHT OTHERWISE PREVAIL IN THE OPEN MARKET. SUCH STABILIZING, IF COMMENCED, MAY BE DISCONTINUED AT ANY TIME. THE BONDS HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, IN RELIANCE UPON AN EXEMPTION CONTAINED IN SUCH ACT. THE BONDS HAVE NOT BEEN REGISTERED OR QUALIFIED UNDER THE SECURITIES LAWS OF ANY STATE. Packet Pg.2081 TABLE OF CONTENTS -i- INTRODUCTORY ..............................................................1 General...........................................................................1 The District.....................................................................1 Sources of Payment for the Bonds.................................3 City CFD Administrative Policies and Practices ...................................................................4 Description of the Bonds................................................4 Redemption ....................................................................4 Tax Matters.....................................................................4 Professionals Involved in the Offering...........................5 Continuing Disclosure....................................................5 Bond Owners’ Risks.......................................................5 Forward Looking Statements.........................................6 Other Information...........................................................6 THE FINANCING PLAN....................................................6 Estimated Sources and Uses of Funds............................7 THE BONDS........................................................................7 General Provisions .........................................................7 Authority for Issuance....................................................8 Redemption ....................................................................8 Registration, Transfer and Exchange...........................11 Book-Entry Only System.............................................11 Debt Service Schedule..................................................11 SOURCES OF PAYMENT FOR THE BONDS ...............12 Limited Obligations......................................................12 Special Taxes................................................................13 Special Tax Fund..........................................................18 Bond Fund....................................................................19 Reserve Fund................................................................20 No Superior Obligations; No Parity Bonds Except for Refunding.............................................21 THE DISTRICT.................................................................21 General Description of the District ..............................22 Description of Authorized Facilities............................22 The Developer..............................................................23 The Development.........................................................23 Overlapping Community Facilities Districts................28 Estimated Direct and Overlapping Indebtedness...........................................................28 Expected Tax Burden...................................................29 Appraisal Report...........................................................30 Estimated Value-to-Lien Ratio.....................................31 Delinquency History.....................................................34 City’s Collection Practices...........................................34 RISK FACTORS................................................................34 Risks of Real Estate Secured Investments Generally................................................................34 Tax Cuts and Jobs Act..................................................34 Limited Obligations......................................................35 Insufficiency of Special Taxes.....................................35 Special Tax Delinquencies...........................................36 Climate Change............................................................37 Natural Disasters..........................................................37 Drought.........................................................................37 Wind.............................................................................38 Hazardous Substances..................................................38 Parity Taxes and Special Assessments.........................39 Disclosures to Future Purchasers .................................39 Non-Cash Payments of Special Taxes..........................39 Payment of the Special Tax Is Not a Personal Obligation of the Owners.......................................40 Concentration of Ownership ........................................40 Land Values..................................................................40 Increasing Mortgage Interest Rates..............................41 FDIC/Federal Government Interests in Properties................................................................41 Bankruptcy and Foreclosure.........................................42 No Acceleration Provision...........................................43 Loss of Tax Exemption................................................43 Limitations on Remedies..............................................43 Limited Secondary Market...........................................44 Voter Initiatives............................................................44 IRS Audit of Tax-Exempt Bond Issues........................45 Ballot Initiatives...........................................................45 Recent Case Law Related to the Mello-Roos Act..........................................................................45 Potential Early Redemption of Bonds from Prepayments or Assessment Bond Proceeds .................................................................46 Legal Requirements......................................................46 COVID-19 Outbreak....................................................46 Cyber Security..............................................................47 CONTINUING DISCLOSURE.........................................47 City Continuing Disclosure..........................................47 Developer Continuing Disclosure................................47 LEGAL MATTERS...........................................................48 Tax Exemption.............................................................48 Legal Opinion...............................................................49 Litigation......................................................................49 No Rating .....................................................................49 Underwriting ................................................................49 Municipal Advisor........................................................49 Financial Interests.........................................................50 Pending Legislation......................................................50 Additional Information.................................................50 APPENDIX A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX................A-1 APPENDIX B APPRAISAL REPORT............................B-1 APPENDIX C SUPPLEMENTAL INFORMATION CONCERNING CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO.........................................C-1 APPENDIX D SUMMARY OF FISCAL AGENT AGREEMENT...........................................D-1 APPENDIX E FORM OF CONTINUING DISCLOSURE CERTIFICATES OF THE CITY AND THE DEVELOPER...............................E-1 APPENDIX F PROPOSED FORM OF BOND COUNSEL OPINION...............................................F-1 APPENDIX G INFORMATION CONCERNING DTC...............................................G-1 Packet Pg.2082 [DISTRICT LOCATION MAP] Packet Pg.2083 [AERIAL PHOTO] Packet Pg.2084 1 OFFICIAL STATEMENT $3,480,000 COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO 2022 SPECIAL TAX BONDS INTRODUCTORY This introduction is not a summary of this Official Statement. It is only a brief description of and guide to, and is qualified by, more complete and detailed information contained in the entire Official Statement. A full review should be made of the entire Official Statement. The sale and delivery of Bonds to potential investors is made only by means of the entire Official Statement. All capitalized terms used in this Official Statement and not defined shall have the meaning set forth in APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT — DEFINITIONS” or APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” General The purpose of this Official Statement (the “Official Statement”) is to provide certain information concerning the issuance of the $3,480,000* Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”). The proceeds of the Bonds will be used to (i) finance the construction and acquisition of public facilities needed with respect to the development within Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), (ii) fund a reserve fund securing the Bonds, and (iii) pay costs of issuance of the Bonds. The Bonds are authorized to be issued pursuant to the Mello-Roos Community Facilities Act of 1982, as amended (Sections 53311 et seq. of the Government Code of the State of California) (the “Act”), and a Fiscal Agent Agreement dated as of __________ 1, 2022 (the “Fiscal Agent Agreement”) by and between the City of San Bernardino (the “City”), for and on behalf of the District, and U.S. Bank Trust Company, National Association (the “Fiscal Agent”). The Bonds are secured under the Fiscal Agent Agreement by a pledge of and lien upon Special Tax Revenues (as defined in this Official Statement), subject to transfers to the Administrative Expense Fund as described herein, and all moneys deposited in the Bond Fund and the Reserve Fund. The District The District contains approximately 28.34 gross acres or approximately 17.68 net taxable acres, located in the southwestern portion of the County and in the northwestern portion of the City. Specifically, the District is located at the northeast corner of Little League Drive and Magnolia Avenue, north of Interstate 215, in the Verdemont neighborhood of the City. The District encompasses Tract Map No. 20006 (the “Property”) and is planned for 119 single family homes at buildout. TH Rancho Palma, LLC, a Delaware limited liability company (the “Developer”) acquired the property in the District on April 2, 2020. As of the May 1, 2022 date of value (the “Date of Value”) of the Appraisal Report (as defined below), 53 of the 119 planned single family residential homes had been completed and conveyed to individual homeowners. Of the remaining 66 residential lots, the Developer owned six completed model homes (none of which were in escrow), 12 homes which were over 95% completed (all of which were in escrow), 28 homes under construction but less than 95% completed (all of which were in escrow) and 20 finished lots (without any vertical home construction thereon (none of which were in escrow), as of the Date of Value. Between May 2, 2022 and June 7, 2022, an additional 12 homes closed escrow to individual homeowners, resulting in 65 homes conveyed to individual homeowners. Of the remaining 54 residential lots owned by the Developer, there were  Preliminary, subject to change. Packet Pg.2085 2 six completed model homes (none of which were in escrow), 34 homes under construction (all of which were in escrow), and 14 finished lots without any vertical home construction thereon (none of which were in escrow) as of June 7, 2022. Homes under contract may not result in closed escrows as sales contracts are subject to cancellation by the homebuyers. Homes within the District are being constructed in two product lines called “Navarra” and “Rioja.” The Navarra neighborhood is planned to consist of 64 single family homes with three floor plans (“Plan 1,” “Plan 2” and “Plan 3”) ranging in size from approximately 2,000 square feet to approximately 2,506 square feet, with homes constructed in ten phases. The Rioja neighborhood is planned to consist of 55 single family homes with three floor plans (“Plan 4,” “Plan 5” and “Plan 6”) ranging in size from approximately 2,522 square feet to approximately 3,179 square feet, with homes constructed in nine phases. As of June 7, 2022, the Developer had obtained building permits for 109 of the 119 residential lots within the District. Based on the number of building permits obtained for lots within the District as of June 7, 2022, 109 lots will be classified as Developed Property under the Rate and Method (as defined below) for the Fiscal Year 2022-23 Special Tax levy. See “THE DISTRICT — General Description of the District” and APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Formation Proceedings. The District was formed by the City pursuant to the Act. The Act was enacted by the California legislature to provide an alternative method of financing certain public capital facilities and services, especially in developing areas of the State of California (the “State”). Any local agency (as defined in the Act) may establish a community facilities district under the Act to provide for and finance the cost of eligible public facilities and services. Generally, the legislative body of the local agency which forms a district acts on behalf of such district as its legislative body. Subject to approval by two-thirds of the votes cast at an election and compliance with the other provisions of the Act, a legislative body of a local agency may issue bonds for a district and may levy and collect a special tax within such district to repay such indebtedness. Pursuant to the Act, the City Council of the City (the “City Council”), acting as the legislative body of the District, adopted the necessary resolutions stating its intent to establish the District, to authorize the levy of Special Taxes (defined below) on taxable property within the boundaries of the District, and to have the District incur bonded indebtedness to fund water system facilities, including capacity in existing facilities, and sewer system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements authorized by the Act (the “City Facilities”). Following public hearings conducted pursuant to the provisions of the Act, the City Council adopted resolutions establishing the District and calling special elections to submit the levy of the special taxes and the incurring of bonded indebtedness to the qualified voters of the District. On August 5, 2020, at a special election held pursuant to the Act, the Developer, as the sole landowner in the District and therefore the only qualified voter of the District, authorized the District to incur bonded indebtedness within the District in an aggregate principal amount not to exceed $5,000,000 and the levy of Special Taxes (as defined below) to repay such bonded indebtedness in accordance with the Rate and Method of Apportionment for the District (the “Rate and Method”). The Rate and Method is attached hereto as APPENDIX A. The Assigned Special Tax (as defined in the Rate and Method) is the special tax that will be levied to pay debt service on the Bonds. The Assigned Special Tax is referred to in this Official Statement as the “Special Tax” or the “Special Taxes.” Appraisal Report. Kitty Siino & Associates, Inc. (the “Appraiser”) has conducted an appraisal dated June 23, 2022 of the land within the District subject to the Special Tax (the “Appraisal Report”). The Appraisal Report sets forth an estimate of the market value of the fee simple interest of the taxable land and improvements within the District. The Appraiser is of the opinion that, based upon the assumptions and conditions contained in the Appraisal Report, the aggregate value of the property within the District, as of the May 1, 2022, Date of Value, was $47,976,884. This estimate of value results in an overall District-wide appraised value-to-lien ratio of Packet Pg.2086 3 approximately 13.79* to 1 for the District based on the estimated amount of land secured debt allocated to parcels within the District. See “THE DISTRICT — Appraisal Report,” APPENDIX B — “APPRAISAL REPORT” and “RISK FACTORS — Parity Taxes and Special Assessments.” Sources of Payment for the Bonds Special Taxes. The Special Tax is that tax which has been authorized to be levied against certain land within the District pursuant to the Act and in accordance with the Rate and Method to satisfy the Special Tax Requirement (as defined in the Rate and Method). “Special Tax Revenues” are defined in the Fiscal Agent Agreement to mean the proceeds of the Special Taxes received by the City, including any scheduled payments, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes in the amount of said lien and interest and penalties thereon. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes” and APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Under the Fiscal Agent Agreement, the District has pledged to repay the Bonds from the Special Tax Revenues (subject to the deposit of certain amounts in the Administrative Expense Fund for each Fiscal Year) and amounts on deposit in the Bond Fund and the Reserve Fund established under the Fiscal Agent Agreement. Reserve Fund. The Fiscal Agent Agreement establishes a Reserve Fund for the Bonds to be maintained at the Reserve Requirement. The Fiscal Agent Agreement provides that the Reserve Requirement shall, as of the date of calculation, equal the lesser of: (i) 10% of the original issue price of the Bonds calculated in accordance with Treasury Regulations Section 1.148-2(f)(1); (ii) Maximum Annual Debt Service on the Bonds; or (iii) 125% of average Annual Debt Service on the Bonds (the “Reserve Requirement”). The initial Reserve Requirement for the Bonds is an amount equal to $______. The ability of the City Council to increase the annual Special Taxes levied in the District to replenish the Reserve Fund is subject to the maximum annual amounts of Special Taxes authorized for the District and certain limitations in the Act. The moneys in the Reserve Fund will be used only for payment of the principal of, and interest and any redemption premium on, the Bonds, and, at the direction of the City, for deposit in the Rebate Fund. See “SOURCES OF PAYMENT FOR THE BONDS — Reserve Fund.” The Special Tax Revenues are the primary security for the repayment of the Bonds. In the event that the Special Taxes are not paid when due, the only sources of funds available to pay the debt service on the Bonds are amounts held by the Fiscal Agent in the Bond Fund and the Reserve Fund, to the limited extent described in the Fiscal Agent Agreement. See “SOURCES OF PAYMENT FOR THE BONDS — Reserve Fund.” Foreclosure Proceeds. The City will covenant in the Fiscal Agent Agreement, for the benefit of the owners of the Bonds, that it will order, and cause to be commenced, judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by October 1 following the close of the Fiscal Year in which such Special Taxes were due, and if the amount on deposit in the Reserve Fund is less than the Reserve Requirement, it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by October 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than 95% of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales.” There is no assurance that the property within the District can be sold for the appraised value or assessed values described in this Official Statement, or for a price sufficient to pay the principal of and interest on the Bonds in the event of a default in payment of Special Taxes by the current or future property owners within the District. See “RISK FACTORS — Land Values” and APPENDIX B — “APPRAISAL REPORT.” EXCEPT FOR THE SPECIAL TAXES, NO OTHER TAXES ARE PLEDGED TO THE PAYMENT OF THE BONDS. THE BONDS ARE NOT GENERAL OBLIGATIONS OF THE CITY OR THE DISTRICT, * Preliminary, subject to change. Packet Pg.2087 4 BUT ARE SPECIAL OBLIGATIONS OF THE CITY AND THE DISTRICT PAYABLE SOLELY FROM SPECIAL TAX REVENUES AND AMOUNTS HELD UNDER THE FISCAL AGENT AGREEMENT AS MORE FULLY DESCRIBED IN THIS OFFICIAL STATEMENT. No Superior Obligations; No Parity Bonds Except for Refunding. The District and the City covenant in the Fiscal Agent Agreement that they will not issue any other obligations payable, as to principal or interest, from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues superior to or on a parity with the lien of the Bonds, except with respect to the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State of California, which shall be payable from and have a lien upon the Special Tax Revenues on a parity with the Bonds to be outstanding following the issuance of such refunding bonds. See “SOURCES OF PAYMENT FOR THE BONDS — No Superior Obligations; No Parity Bonds Except for Refunding.” City CFD Administrative Policies and Practices The City adopted its Local Goals and Policies for all community facilities districts of the City on May 20, 2020. These policies address, among other things, when community facilities district bonds can be issued by the City including the terms and conditions of the community facilities district bonds. Additionally, the City retains a third party community facilities districts administrator to monitor delinquencies and annually prepare the special tax rolls. Description of the Bonds The Bonds will be issued and delivered in the form of a single, fully registered Bonds for each maturity, registered in the name of The Depository Trust Company, New York, New York and its successors and assigns, as nominee (“DTC”), and will be available to actual purchasers of the Bonds (the “Beneficial Owners”) in integral multiples of $5,000, under the book-entry system maintained by DTC, only through brokers and dealers who are or act through DTC Participants. Beneficial Owners will not be entitled to receive physical delivery of the Bonds. In the event that the book-entry only system described in this Official Statement is no longer used with respect to the Bonds, the Bonds will be registered and transferred in accordance with the Fiscal Agent Agreement. See APPENDIX G — “INFORMATION CONCERNING DTC.” Principal of, premium, if any, and interest on the Bonds is payable by the Fiscal Agent to DTC, as the registered Owner of the Bonds. Disbursement of such payments to DTC Participants is the responsibility of DTC and disbursement of such payments to the Beneficial Owners is the responsibility of DTC Participants. In the event that the book-entry only system is no longer used with respect to the Bonds, principal, interest and redemption premium, if any, shall be paid to the registered Owner thereof in accordance with the Fiscal Agent Agreement. See “THE BONDS — Book-Entry Only System” and see APPENDIX G — “INFORMATION CONCERNING DTC.” Redemption The Bonds are subject to optional redemption, mandatory redemption and mandatory sinking fund redemption as described in this Official Statement. For a more complete description of the Bonds and the documentation pursuant to which they are being sold and delivered, see “THE BONDS” and APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” Tax Matters In the opinion of Bond Counsel, subject to certain qualifications described in this Official Statement, under existing statutes, regulations, rulings and judicial decisions, and assuming certain representations and compliance with certain covenants and requirements described herein, the interest on the Bonds is excluded from gross income for federal income tax purposes and is not an item of tax preference for purposes of the federal Packet Pg.2088 5 alternative minimum tax. In the further opinion of Bond Counsel, interest on the Bonds is exempt from California personal income tax. For a more complete discussion of such opinion and certain other tax consequences incident to the ownership of the Bonds, including certain exceptions to the tax treatment of interest, see “LEGAL MATTERS — Tax Exemption.” Professionals Involved in the Offering U.S. Bank Trust Company, National Association will act as Fiscal Agent under the Fiscal Agent Agreement. Hilltop Securities, Inc. is the Underwriter of the Bonds. Certain proceedings in connection with the issuance and delivery of the Bonds are subject to the approval of Best Best & Krieger LLP, Riverside, California (“Bond Counsel”). Certain legal matters will be passed on for the City and the District by the City Attorney’s Office and by Best Best & Krieger LLP, Riverside, California (“Disclosure Counsel”), and for the Underwriter by Kutak Rock, Irvine, California as Underwriter’s Counsel. Other professional services have been performed by Spicer Consulting Group, LLC, Temecula, California, as Special Tax Consultant, Columbia Capital Management, LLC, Carlsbad, California, as Municipal Advisor and Kitty Siino & Associates, Tustin, California, as Appraiser. At times, Bond Counsel and Disclosure Counsel represent the Underwriter in matters unrelated to the Bonds. For information concerning the respects in which certain of the above-mentioned professionals, advisors, counsel and agents may have a financial or other interest in the offering of the Bonds, see “LEGAL MATTERS — Financial Interests.” Continuing Disclosure Pursuant to a Continuing Disclosure Certificate to be executed by the City (the “City Continuing Disclosure Certificate”), the City will agree to provide, or cause to be provided, on an annual basis, to the Electronic Municipal Market Access System of the Municipal Securities Rulemaking Board (the “MSRB”), which can be found at www.emma.msrb.org (“EMMA”), certain financial information and operating data. The City will further agree to provide notice to EMMA of certain enumerated events. These covenants are being made in order to assist the Underwriter in complying with Rule 15c2-12(b)(5) (the “Rule”) adopted by the Securities and Exchange Commission (the “SEC”). Although the Underwriter does not consider the Developer to be an obligated party under the Rule, the Developer will agree to provide or cause to be provided to EMMA, pursuant to a Continuing Disclosure Certificate to be executed by the Developer (the “Developer Continuing Disclosure Certificate”), certain semi-annual information with respect to itself and its development within the District and notice of certain listed events to assist the Underwriter in marketing the Bonds. The Developer’s obligations under the Developer Continuing Disclosure Certificate will terminate when the Developer and its Affiliates (as defined in the Developer Continuing Disclosure Certificate) own fewer than 24 residential lots within the District. See “CONTINUING DISCLOSURE” and APPENDIX E for a description of the specific nature of the annual reports and notices of listed events to be filed by the City, on behalf of the District, under the City Continuing Disclosure Certificate, and semi-annual reports and notices of listed events to be provided by the Developer under the Developer Continuing Disclosure Certificate. Bond Owners’ Risks Certain events could affect the timely repayment of the principal of and interest on the Bonds when due. See the section of this Official Statement entitled “RISK FACTORS” for a discussion of certain factors which should be considered, in addition to other matters set forth in this Official Statement, in evaluating an investment in the Bonds. The Bonds are not rated by any nationally recognized rating agency. Packet Pg.2089 6 Forward Looking Statements Certain statements included or incorporated by reference in this Official Statement constitute “forward- looking statements” within the meaning of the United States Private Securities Litigation Reform Act of 1995, Section 21E of the United States Securities Exchange Act of 1934, as amended, and Section 27A of the United States Securities Act of 1933, as amended. Such statements are generally identifiable by the terminology used such as “plan,” “expect,” “estimate,” “project,” “budget” or other similar words. Such forward-looking statements include, but are not limited to, certain statements contained in the information under the caption “THE DISTRICT.” THE ACHIEVEMENT OF CERTAIN RESULTS OR OTHER EXPECTATIONS CONTAINED IN SUCH FORWARD-LOOKING STATEMENTS INVOLVE KNOWN AND UNKNOWN RISKS, UNCERTAINTIES AND OTHER FACTORS WHICH MAY CAUSE ACTUAL RESULTS, PERFORMANCE OR ACHIEVEMENTS DESCRIBED TO BE MATERIALLY DIFFERENT FROM ANY FUTURE RESULTS, PERFORMANCE OR ACHIEVEMENTS EXPRESSED OR IMPLIED BY SUCH FORWARD-LOOKING STATEMENTS. THE DISTRICT DOES NOT PLAN TO ISSUE ANY UPDATES OR REVISIONS TO THE FORWARD-LOOKING STATEMENTS SET FORTH IN THIS OFFICIAL STATEMENT. Other Information This Official Statement speaks only as of its date, and the information contained in this Official Statement is subject to change. Brief descriptions of the Bonds and the Fiscal Agent Agreement are included in this Official Statement. Such descriptions and information do not purport to be comprehensive or definitive. All references to the Fiscal Agent Agreement, the Bonds and the constitution and laws of the State as well as the proceedings of the City Council, acting as the legislative body of the District, are qualified in their entirety by references to such documents, laws and proceedings, and with respect to the Bonds, by reference to the Fiscal Agent Agreement. Copies of the Fiscal Agent Agreement, the City Continuing Disclosure Certificate and other documents and information referred to in this Official Statement are available for inspection and (upon request and payment to the City of a charge for copying, mailing and handling) for delivery from the City at 290 North “D” Street, San Bernardino, CA 92401, Attention: City Manager. THE FINANCING PLAN A portion of the Bond proceeds will be used by the District to design, construct and/or acquire certain authorized City Facilities. See “THE DISTRICT — Description of Authorized Facilities” for a description of the public facilities authorized to be financed with the proceeds of the Bonds. Packet Pg.2090 7 Estimated Sources and Uses of Funds The following table sets forth the expected sources and uses of Bond proceeds: Sources of Funds Principal Amount of Bonds Plus Net Original Issue Premium Total Sources $ Uses of Funds Improvement Fund Reserve Fund Costs of Issuance Fund(1) Underwriter’s Discount Total Uses $ (1)Costs of Issuance include legal fees, printing costs, Appraisal Report costs, Municipal Advisor fees, Special Tax Consultant fees, and Fiscal Agent fees, in addition to other miscellaneous costs incidental to Bond issuance. THE BONDS General Provisions The Bonds will be dated their date of delivery and will bear interest at the rates per annum set forth on the inside cover page, payable semiannually on each March 1 and September 1, commencing on March 1, 2023 (each, an “Interest Payment Date”), and will mature in the amounts and on the dates set forth on the inside cover page of this Official Statement. The Bonds will be issued in fully registered form in integral multiples of $5,000. See “— Book-Entry Only System.” Interest shall be calculated on the basis of a 360-day year composed of twelve 30 day months. Each Bond shall bear interest from the Interest Payment Date next preceding the date of authentication thereof unless (i) it is authenticated on an Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (ii) it is authenticated prior to an Interest Payment Date and after the close of business on the Record Date preceding such Interest Payment Date, in which event it shall bear interest from such Interest Payment Date, or (iii) it is authenticated prior to the Record Date preceding the first Interest Payment Date, in which event it shall bear interest from __________, 20__; provided, however, that if at the time of authentication of a Bond, interest is in default thereon, such Bond shall bear interest from the Interest Payment Date to which interest has previously been paid or made available for payment thereon or from __________, 20__, if no interest has previously been paid or made available for payment thereon. Interest on the Bonds is payable by check of the Fiscal Agent mailed by first class mail, postage prepaid, on each Interest Payment Date, to the registered Owner thereof at such registered Owner’s address as it appears on the registration books maintained by the Fiscal Agent at the close of business on the Record Date preceding the Interest Payment Date. The principal of the Bonds and any premium on the Bonds are payable in lawful money of the United States of America by check of the Fiscal Agent upon surrender of such Bonds at the Principal Office of the Fiscal Agent; provided, however, that at the written request of the Owner of at least $1,000,000 in aggregate principal amount of Outstanding Bonds filed with the Fiscal Agent prior to any Record Date, interest on such Bonds shall be paid to such Owner on each succeeding Interest Payment Date by wire transfer of immediately available funds to an account in the United States of America designated in such written request. Packet Pg.2091 8 Authority for Issuance The Bonds are issued pursuant to the Act and the Fiscal Agent Agreement. As required by the Act, the City Council has taken the following actions with respect to establishing the District and the Bonds: Resolutions of Intention and Resolution of Necessity. On July 1, 2020, the City Council adopted a resolution stating its intention to establish the District and to authorize the levy of a special tax therein, and a resolution declaring the necessity to have the District incur bonded indebtedness in an amount not to exceed $5,000,000. Resolutions of Formation. Following a noticed public hearing conducted on August 5, 2020, the City Council adopted on August 5, 2020, resolutions which established the District, authorized the levy of a special tax within the District, and determined the necessity for the District to incur bonded indebtedness in a maximum aggregate principal amount of $5,000,000. Resolution Calling Election. The resolutions adopted by the City Council on August 5, 2020, also called for a consolidated special election by the landowners in the District on the issues of the levy of the Special Tax, the incurring of bonded indebtedness within the District, and the establishment of an appropriations limit. Landowner Election and Declaration of Results. On August 5, 2020, an election was held at which the landowners within the District approved ballot propositions authorizing the issuance of up to $5,000,000 of bonds to finance water system facilities, including capacity in existing facilities, and sewer system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements authorized by the Act, the levy of the Special Tax and the establishment of an appropriations limit for the District. The landowners within the District approved ballot propositions authorizing the District to issue bonds in an aggregate principal amount not to exceed $5,000,000 for financing public facilities. On August 5, 2020, the City Council adopted a resolution approving the canvass of the votes and declaring the District to be fully formed with the authority to levy the Special Taxes, to incur the bonded indebtedness, and to have the established appropriations limit. Special Tax Lien and Levy. The Notice of Special Tax Lien for the District was recorded in the Office of the County Recorder of the County on August 19, 2020, as Document No. 2020-0293007, reflecting a continuing lien against the taxable property within the District (the “Notice of Special Tax Lien”). Ordinance Levying Special Taxes. On August 19, 2020, the City Council adopted Ordinance No. MC- 1540 (the “Ordinance”), which authorized the levy of Special Taxes within the District. Resolution Authorizing Issuance of the Bonds. On __________, 2022, the City Council adopted a resolution approving issuance of the Bonds. Issuance of Additional Bonds. The City’s bonding authorization for the District is $5,000,000. Following the issuance of the Bonds, no additional bonds can be issued on a parity basis with the Bonds, with the exception of refunding bonds. Redemption Optional Redemption. The Bonds are subject to redemption prior to their stated maturity dates at the option of the City on September 1, 20__, or any Interest Payment Date thereafter, from such maturities as selected by the City (and by lot within any one maturity), in integral multiples of $5,000, at the option of the City from moneys derived by the City from any source, at a redemption price (expressed as a percentage of the principal amount of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Packet Pg.2092 9 Redemption Dates Redemption Prices September 1, 20__ and March 1, 20__103% September 1, 20__ and March 1, 20__102 September 1, 20__ and March 1, 20__101 September 1, 20__ and any Interest Payment Date thereafter 100 Mandatory Redemption From Special Tax Prepayments. The Bonds are subject to mandatory redemption prior to their stated maturity dates on any Interest Payment Date, as selected among maturities by the City (and by lot within any one maturity), in integral multiples of $5,000, from moneys derived by the City from Special Tax Prepayments, at redemption prices (expressed as percentages of the principal amounts of the Bonds to be redeemed), together with accrued interest to the date of redemption, as follows: Redemption Dates Redemption Prices Any Interest Payment Date through March 1, 20__103% September 1, 20__ and March 1, 20__102 September 1, 20__ and March 1, 20__101 September 1, 20__ and any Interest Payment Date thereafter 100 See the caption “RISK FACTORS—Potential Early Redemption of Bonds from Prepayments or Assessment Bond Proceeds” for a discussion of the potential for a lower than expected yield on the Bonds as a result of a special mandatory redemption from prepayment of Special Taxes. Mandatory Sinking Fund Redemption. The Outstanding Bonds maturing on September 1, 20__ and September 1, 20__ are subject to mandatory sinking fund redemption, in part, on September 1, 20__ and September 1, 20__, respectively and on each September 1 thereafter to maturity, by lot, at a redemption price equal to the principal amount thereof to be redeemed, together with accrued interest to the date of redemption, without premium, and from sinking payments as follows: Bonds Maturing on September 1, 20__ Redemption Date (September 1)Sinking Payments (Maturity) Bonds Maturing on September 1, 20__ Redemption Date (September 1)Sinking Payments (Maturity) The amounts in the foregoing schedules shall be reduced by the City pro rata among redemption dates, in order to maintain substantially level Debt Service, as a result of any prior or partial optional or mandatory redemption. The City shall provide the Fiscal Agent with a revised sinking fund schedule. Packet Pg.2093 10 Purchase of Bonds. In lieu of payment at maturity or redemption under the Fiscal Agent Agreement, moneys in the Bond Fund may be used and withdrawn by the Fiscal Agent for purchase of Outstanding Bonds, upon the filing with the Fiscal Agent of an Officer’s Certificate requesting such purchase, at public or private sale as and when, and at such prices (including brokerage and other charges) as such Officer’s Certificate may provide, but in no event may Bonds be purchased at a price in excess of the principal amount thereof, plus interest accrued to the date of purchase. In such event, the City shall, as may be appropriate, provide to the Fiscal Agent a revised maturity schedule or a revised mandatory sinking fund schedule for the Bonds, or both. Notice to Fiscal Agent. An Authorized Officer shall give the Fiscal Agent written notice of the City’s intention to redeem Bonds not less than 45 days prior to the applicable redemption date specifying the principal amounts and maturities of the Bonds to be redeemed. The requirement to provide such notice to the Fiscal Agent shall not apply to mandatory sinking fund redemption of the Bonds. Redemption Procedure by Fiscal Agent. The Fiscal Agent shall cause notice of any redemption to be mailed by first class mail, postage prepaid, at least 30 days but not more than 60 days prior to the date fixed for redemption, or electronically submitted, to the Securities Depositories and to one or more Information Services selected by an Authorized Officer, and to the respective registered Owners of any Bonds designated for redemption, at their addresses appearing on the Bond registration books maintained by the Fiscal Agent at its Principal Office; but such mailing shall not be a condition precedent to such redemption and failure to mail or to receive any such notice, or any defect therein, shall not affect the validity of the proceedings for the redemption of such Bonds. The Fiscal Agent shall also cause notice of any redemption to be mailed, in such manner and within such time, to the Underwriter. Such notice shall state the date of such notice, the date of issue of the Bonds, the place or places of redemption, the redemption date, the redemption price and, if less than all of the then Outstanding Bonds are to be called for redemption, shall designate the CUSIP numbers and Bond numbers of the Bonds to be redeemed, by giving the individual CUSIP number and Bond number of each Bond to be redeemed, or shall state that all Bonds between two stated Bond numbers, both inclusive, are to be redeemed or that all of the Bonds of one or more maturities have been called for redemption, shall state as to any Bond called for redemption in part the portion of the principal of the Bond to be redeemed, shall require that such Bonds be then surrendered at the Principal Office of the Fiscal Agent for redemption at the said redemption price, and shall state that further interest on such Bonds will not accrue from and after the redemption date. The cost of the mailing and publication of any such redemption notice shall be paid by the District. Any notice of optional redemption of the Bonds delivered in accordance with the Fiscal Agent Agreement may be conditional and if any condition stated in the notice of redemption shall not have been satisfied on or prior to the redemption date, said notice shall be of no force and effect and the District shall not be required to redeem such Bonds and the redemption shall not be made and the Fiscal Agent shall within a reasonable time thereafter give notice, to the persons and in the manner in which the notice of redemption was given, that such condition or conditions were not met and that the redemption was cancelled. Upon the payment of the redemption price of Bonds being redeemed, each check or other transfer of funds issued for such purpose shall, to the extent practicable, bear the CUSIP number identifying, by issue and maturity, the Bonds being redeemed with the proceeds of such check or other transfer. In the event of a mandatory redemption pursuant to the Fiscal Agent Agreement, the City shall transfer or cause to be transferred to the Fiscal Agent for deposit in the Bond Fund moneys in an amount equal to the redemption price of the Bonds being redeemed on or before the 15th day of the month preceding the Interest Payment Date upon which such Bonds are to be redeemed. If less than all the Bonds Outstanding are to be redeemed, the portion of any Bond of a denomination of more than $5,000 to be redeemed shall be in the principal amount of $5,000 or a multiple thereof, and, in selecting portions of such Bonds for redemption, the Fiscal Agent shall treat each such Bond as representing the number of Packet Pg.2094 11 Bonds of $5,000 denomination which is obtained by dividing the principal amount of such Bond to be redeemed in part by $5,000. Whenever provision is made in the Fiscal Agent Agreement for the redemption of less than all of the Bonds of a maturity or any given portion thereof, the Fiscal Agent shall select the Bonds of such maturity to be redeemed, from all Bonds of such maturity or such given portion thereof not previously called for redemption, by lot within a maturity in any manner which the Fiscal Agent in its sole discretion shall deem appropriate. Upon surrender of Bonds redeemed in part only, the City shall execute and the Fiscal Agent shall authenticate and deliver to the Owner, at the expense of the District, a new Bond or Bonds, of the same maturity, of authorized denominations in aggregate principal amount equal to the unredeemed portion of the Bond or Bonds. Effect of Redemption. From and after the date fixed for redemption, if funds available for the payment of the redemption prices of the Bonds called for redemption shall have been deposited in the Bond Fund, such Bonds shall cease to be entitled to any benefit under the Fiscal Agent Agreement other than the right to receive payment of the redemption price, and interest shall cease to accrue on the Bonds to be redeemed on the redemption date specified in the notice of redemption. All Bonds redeemed and purchased by the Fiscal Agent pursuant to the Fiscal Agent Agreement shall be cancelled by the Fiscal Agent. Registration, Transfer and Exchange Registration. The Fiscal Agent will keep sufficient books for the registration and transfer of the Bonds. The ownership of the Bonds will be established by the Bond registration books held by the Fiscal Agent. Transfer or Exchange. Whenever any Bond is surrendered for registration of transfer or exchange, the Fiscal Agent will authenticate and deliver a new Bond or Bonds of the same maturity, for a like aggregate principal amount of authorized denominations; provided that the Fiscal Agent will not be required to register transfers or make exchanges of (i) Bonds for a period of 15 days next preceding the date established by the Fiscal Agent for selection of Bonds for redemption, or (ii) with respect to Bonds selected for redemption. Book-Entry Only System The Bonds will be issued in book-entry form, and The Depository Trust Company of New York, New York (“DTC”) will act as securities depository. So long as the Bonds are held in book-entry form, principal of, premium, if any, and interest on the Bonds will be paid by the Fiscal Agent directly to DTC for distribution to the beneficial owners of the Bonds in accordance with procedures adopted by DTC. See APPENDIX G — “INFORMATION CONCERNING DTC.” Debt Service Schedule The following table presents the annual debt service on the Bonds (including sinking fund redemptions), assuming there are no optional redemptions or mandatory redemptions from Special Tax Prepayments pursuant to the Rate and Method. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes” and “THE BONDS — Redemption.” Packet Pg.2095 12 ANNUAL DEBT SERVICE SCHEDULE Bond Year Ending September 1 Principal Interest Total Annual Debt Service Total Source: Underwriter. SOURCES OF PAYMENT FOR THE BONDS Limited Obligations The Bonds are special, limited obligations of the City and the District payable only from amounts pledged under the Fiscal Agent Agreement and from no other sources. The Special Tax Revenues are the primary security for the repayment of the Bonds. Under the Fiscal Agent Agreement, the City and the District have pledged to repay the Bonds from the Special Tax Revenues (which are the proceeds of the Special Taxes received by the City, including any scheduled payments, interest and penalties thereon and proceeds of the redemption or sale of property sold as a result of foreclosure of the lien of the Special Taxes in the amount of said lien and interest and penalties thereon) (subject to the deposit of certain amounts in the Administrative Expense Fund for each Fiscal Year) and all moneys deposited in the Bond Fund and the Reserve Fund. In the event that the Special Tax Revenues are not received when due, the only sources of funds available to pay the debt service on the Bonds are amounts held by the Fiscal Agent in the Bond Fund and the Reserve Fund for the exclusive benefit of the Owners of the Bonds. Packet Pg.2096 13 Neither the faith and credit nor the taxing power of the City, the County, the State of California or any political subdivision thereof is pledged to the payment of the Bonds. Except for the Special Tax Revenues, no other taxes are pledged to the payment of the Bonds. The Bonds are not general obligations of the City or the District, but are Special Obligations of the City and the District payable solely from Special Taxes and amounts held under the Fiscal Agent Agreement as more fully described in this Official Statement. Special Taxes Authorization and Pledge. In accordance with the provisions of the Act, the City Council established the District on August 5, 2020, for the purpose of financing the City Facilities. At a special election held on August 5, 2020, the owner of the property within the District authorized the District to incur indebtedness in an amount not to exceed $5,000,000 and approved the Rate and Method which authorizes the Special Tax to be levied to repay District indebtedness, including the Bonds. On August 19, 2020, the Board adopted Ordinance No. MC-1540, which authorized the levy of Special Taxes in the District. The District will covenant in the Fiscal Agent Agreement that each year it will levy Special Taxes up to the maximum rates permitted under the Rate and Method in an amount sufficient, together with other amounts on deposit in the Special Tax Fund, to pay the principal of and interest on any Outstanding Bonds, to replenish the Reserve Fund and to pay the estimated Administrative Expenses. Notwithstanding the foregoing, pursuant to Section 53321(d) of the Act, under no circumstances will the Special Taxes levied against any Assessor’s Parcel used as a private residence be increased as a consequence of delinquency or default by the owner of any other Assessor’s Parcel or Assessor’s Parcels within the District by more than 10%. The Special Taxes levied in any Fiscal Year may not exceed the maximum rates authorized pursuant to the Rate and Method. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” There is no assurance that the Special Tax proceeds will, in all circumstances, be adequate to pay the principal of and interest on the Bonds when due. See “RISK FACTORS — Insufficiency of Special Taxes.” Rate and Method of Apportionment of Special Tax. All capitalized terms used in this section shall have the meaning set forth in APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Under the Rate and Method, each Fiscal Year, each parcel in the District will be classified as Taxable Property or Exempt Property. In addition, each Assessor’s Parcel of Taxable Property will be classified as Developed Property, Approved Property, Undeveloped Property or Provisional Undeveloped Property. Assessor’s Parcels of Developed Property shall further be classified as Residential Property or Non-Residential Property. Each Assessor’s Parcel of Residential Property shall further be classified as a Single Family Residential Property or Multifamily Property. Each Assessor’s Parcel of Single Family Residential Property shall be further assigned to a Land Use Category based on its Building Square Footage. The Maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property for Developed Property will be the greater of (a) the Assigned Special Tax or (b) the Backup Special Tax. The Maximum Special Tax for each Assessor’s Parcel of Non-Residential Property and Multifamily Property for Developed Property shall be the applicable Assigned Special Tax described in the Rate and Method. Each Fiscal Year, each Assessor’s Parcel of Single Family Residential Property, Multifamily Property or Non-Residential Property shall be subject to an Assigned Special Tax. In some instances an Assessor’s Parcel of Developed Property may contain more than one Land Use Type. The Maximum Special Tax levied on an Assessor’s Parcel shall be the sum of the Maximum Special Tax for each Taxable Unit for all Land Use Categories located on the Assessor’s Parcel. Packet Pg.2097 14 The total amount of the Backup Special Tax for an Assessor’s Parcel within a Final Map classified as Single Family Residential Property is equal to the product of Maximum Special Tax per Acre of Undeveloped Property in accordance with the Rate and Method of Apportionment and the Acreage of Single Family Residential Property that exists or is expected to exist in such Final Map at the time of calculation, as determined by the Administrator divided by the number of Assessor’s Parcels of Single Family Residential Property expected to exist after build out in such Final Map at the time of calculation, as determined by the Administrator. In the event any portion of the Final Map is changed or modified, the Backup Special Tax for all Assessor’s Parcels within such changed or modified area shall be $16,490 per Acre. For the purposes of the Back Up Special Tax, the net taxable acreage in the District is calculated at 17.68 acres. Notwithstanding the foregoing, the Backup Special Tax for an Assessor’s Parcel of Developer Property for which a certificate of occupancy has been granted may not be revised. In the event any superseding Final Map is recorded as a Final Map within the boundaries of the District the Backup Special Tax for all Assessor’s Parcels within such Final Map shall be $16,490 per Acre. The Backup Special Tax shall not apply to Multifamily Residential Property or Non-Residential Property. The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be classified as Single Family Property shall be the Backup Special Tax computed pursuant to the Rate and Method. The Maximum Special Tax for each Assessor's Parcel of Approved Property expected to be classified as Multifamily Residential Property or Non-Residential Property is $16,490 per Acre. The Maximum Special Tax for each Assessor's Parcel of Undeveloped Property and Provisional Undeveloped Property is $16,490 per Acre. Each Fiscal Year, the City Council shall levy Special Taxes on all Taxable Property in accordance with the following steps: Step One: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property at up to 100% of the applicable Assigned Special Tax rates in the Rate and Method to satisfy the Special Tax Requirement. Step Two: If additional moneys are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Approved Property at up to 100% of the Maximum Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Three: If additional moneys are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Annual Special Tax shall be levied Proportionately on each Assessor's Parcel of Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. Step Four: If additional moneys are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax on each Assessor's Parcel of Developed Property whose Maximum Special Tax is the Backup Special Tax shall be increased in equal percentages from the Assigned Special Tax up to 100% of the Backup Special Tax as needed to satisfy the Special Tax Requirement. Step Five: If additional moneys are needed to satisfy the Special Tax Requirement after the first four steps have been completed, the Special Tax shall be levied Proportionately on each Assessor's Parcel of Provisional Undeveloped Property up to 100% of the Maximum Special Tax applicable to each such Assessor's Parcel as needed to satisfy the Special Tax Requirement. “Special Tax Requirement” means the amount required in any Fiscal Year to pay: (i) the debt service or the periodic costs on all outstanding Bonds due in the Calendar Year that commences in such Fiscal Year, (ii) Administrative Expenses, (iii) the costs associated with the release of funds from an escrow account, (iv) any amount required to establish or replenish any reserve funds established under the Indenture in association with Packet Pg.2098 15 the Bonds to the extent that replenishment has not been included in the computation of the Special Tax Requirement in a previous Fiscal Year, (v) to cure any delinquencies in the amount of principal or interest on the Bonds that occurred in a previous Fiscal Year, and (vi) the collection or accumulation of funds for the acquisition or construction of facilities authorized by CFD No. 2020-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on Undeveloped Property as set forth in the Rate and Method, less (vii) any amounts available to pay debt service or other periodic costs on the Bonds pursuant to the Indenture. However, pursuant to Section 53321(d) of the Act, notwithstanding the above, under no circumstances will the Special Tax levied against any taxable parcel of private residential property within the District be increased by more than 10% as a consequence of a delinquency or default by the owner of any other parcel within the District. Packet Pg.2099 16 The District intends to size the Bonds so that, assuming no delinquencies, Special Taxes, levied in accordance with the Rate and Method, will generate in each Fiscal Year beginning in Fiscal Year 2022-23 not less than 110% of debt service payable with respect to the Bonds in the calendar year that begins in that Fiscal Year, plus Administrative Expenses. See Table 1 below. The Special Tax Levy for Fiscal Year 2022-23 will be 110% of the expected bond debt service for Fiscal Year 2022-23. Surplus special tax collection in Fiscal Year 2022-23 will be applied to unfunded projects costs or other costs allowable under the Ordinance. In future years the City intends to levy special taxes sufficient to only cover bond debt service and administrative costs. In the event of delinquencies, future special tax levies can then be increased up to 10% to cover delinquencies. TABLE 1 CITY OF SAN BERNARDINO COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) SPECIAL TAX RATES FOR FISCAL YEAR 2022-23 Land Use Type Taxable Unit Residential Floor Area (Sq. Ft.) Assigned Tax Rates Fiscal Year 2022-23(1) Special Tax Levy Rates Fiscal Year 2022-23 Percent of Maximum/ Assigned Rate No. of Units Aggregate Estimated Special Taxes Fiscal Year 2022-23(2)(3) Percent of Total Single Family Residential Property RU Less than 2,100 $ 1,880.00 $1,880.00 100.00%17 $ 31,960.00 13.2% Single Family Residential Property RU 2,101 - 2,399 2,080.00 2,080.00 100.00 18 37,440.00 15.4 Single Family Residential Property RU 2,400 - 2,699 2,185.00 2,185.00 100.00 35 76,475.00 31.6 Single Family Residential Property RU 2,700 - 2,999 2,420.00 2,420.00 100.00 19 45,980.00 19.0 Single Family Residential Property RU Greater than 2,999 2,525.00 2,525.00 100.00 20 50,500.00 20.8 Approved Property RU N/A 2,435.82 0.00 0.00 10 0.00 0.00 Multifamily Property Acre N/A 16,490.00 0.00 0.00 0 0.00 0.00 Non-Residential Property Acre N/A 16,490.00 0.00 0.00 0 0.00 0.00 Total 119 $242,355.00 100.00% (1)Maximum Special Tax Rate for Land Use Type Approved Property and Undeveloped Property. (2)Includes estimated administrative expenses of $25,000.00. (3)Estimated Special Tax may include rounding. Source: Spicer Consulting Group, LLC. Packet Pg.2100 17 Prepayment of Special Taxes. The City Council may allow property owners to fully or partially prepay the obligation of parcels of Taxable Property to pay the Special Taxes with respect to the Special Tax Requirement. Additionally, the City will covenant in the Fiscal Agent Agreement that the City shall cause all applications of owners of property in the District to prepay and satisfy the Special Tax obligation for their property to be reviewed by the Tax Consultant and shall not accept any such prepayment unless such consultant certifies in writing that following the acceptance of the proposed prepayment by the City and the redemption of Bonds with such prepayment, the maximum amount of the Special Taxes that may be levied on all Taxable Property in the District following such prepayment will be at least 1.10 times Maximum Annual Debt Service on the Bonds which will remain Outstanding following such redemption plus estimated Administrative Expenses. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX” and “THE BONDS — Redemption — Mandatory Redemption from Special Tax Prepayments.” Collection and Application of Special Taxes. The Special Taxes are collected by the Treasurer-Tax Collector of the County in the same manner and at the same time as ad valorem property taxes. The District may, however, collect the Special Taxes at a different time or in a different manner if necessary to meet its financial obligations. Covenants to Protect Special Tax Rates. The City will make certain covenants in the Fiscal Agent Agreement for the purpose of ensuring that the current maximum Special Tax rates and method of collection of the Special Taxes are not altered in a manner that would impair the District’s ability to collect sufficient Special Taxes to pay debt service on the Bonds and Administrative Expenses when due. The City will covenant that it will not initiate proceedings under the Act to reduce the Maximum Special Tax rates (the “Maximum Rates”) on then existing Developed Property in the District below the amounts which are necessary to provide Special Tax Revenues in an amount equal to estimated Administrative Expenses for the then current Fiscal Year plus an amount equal to 110% of Maximum Annual Debt Service on the Outstanding Bonds. For purposes of such calculation, “Developed Property” has the meaning set forth in the Rate and Method. See “RISK FACTORS — Voter Initiative.” The City will further covenant that in the event an ordinance is adopted by initiative pursuant to Section 3 of Article XIII C of the California Constitution, which purports to reduce or otherwise alter the Maximum Rates, it will commence and pursue legal action seeking to preserve its ability to comply with the covenant described above. The City will covenant not to permit the tender of Bonds in payment of any Special Taxes except upon receipt of a certificate of an Independent Financial Consultant certifying that accepting such tender will not result in the City having insufficient Special Tax Revenues to pay the principal of and interest on the Outstanding Bonds following such tender. See “RISK FACTORS — Non-Cash Payments of Special Taxes.” Although the Special Taxes constitute liens on taxable parcels within the District, they do not constitute a personal indebtedness of the owners of property within the District. Moreover, other liens for taxes and assessments already exist on the property located within the District and others could come into existence in the future in certain situations without the consent or knowledge of the City or the landowners in the District. See “RISK FACTORS — Parity Taxes and Special Assessments.” There is no assurance that property owners will be financially able to pay the annual Special Taxes or that they will pay such taxes even if financially able to do so, all as more fully described in the section of this Official Statement entitled “RISK FACTORS.” Proceeds of Foreclosure Sales. The net proceeds received following a judicial foreclosure sale of land within the District resulting from a landowner’s failure to pay the Special Taxes when due are included within the Special Tax Revenues pledged to the payment of principal of and interest on the Bonds under the Fiscal Agent Agreement. Pursuant to Section 53356.1 of the Government Code, the City will covenant in the Fiscal Agent Agreement with and for the benefit of the Owners of the Bonds that (i) it will order, and cause to be commenced, Packet Pg.2101 18 judicial foreclosure proceedings against properties in the District with delinquent Special Taxes in excess of $5,000 by October 1 following the close of the Fiscal Year in which such Special Taxes were due, and (ii) if the amount on deposit in the Reserve Fund is less than the Reserve Requirement it will commence judicial foreclosure proceedings against all properties in the District with delinquent Special Taxes by October 1 following the close of each Fiscal Year in which it receives Special Taxes in an amount which is less than ninety-five percent (95%) of the total Special Taxes levied, and diligently pursue to completion such foreclosure proceedings. See APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” If foreclosure is necessary and other funds (including amounts in the Reserve Fund) have been exhausted, debt service payments on the Bonds could be delayed until the foreclosure proceedings have ended with the receipt of any foreclosure sale proceeds. Judicial foreclosure actions are subject to the normal delays associated with court cases and may be further slowed by bankruptcy actions, involvement by agencies of the federal government and other factors beyond the control of the City and the District. See “RISK FACTORS — Bankruptcy and Foreclosure.” Moreover, no assurances can be given that the real property subject to foreclosure and sale at a judicial foreclosure sale will be sold or, if sold, that the proceeds of such sale will be sufficient to pay any delinquent Special Tax installment. See “RISK FACTORS — Land Values.” Although the Act authorizes the District to cause such an action to be commenced and diligently pursued to completion, the Act does not impose on the District or the City any obligation to purchase or acquire any lot or parcel of property sold at a foreclosure sale if there is no other purchaser at such sale. The Act provides that, in the case of a delinquency, the Special Tax will have the same lien priority as is provided for ad valorem taxes. No Teeter Plan. Although the County Board of Supervisors has adopted the Alternative Method of Distribution of Tax Levies and Collections and Tax Sale Proceeds (the “Teeter Plan”) which allows each entity levying secured property taxes in the County to draw on the amount of property taxes levied rather than the amount actually collected, as provided for in Section 4701 et seq. of the California Revenue and Taxation Code, the District is not included in the County Teeter Plan. Consequently, the District may not draw on the County Tax Loss Reserve Fund in the event of delinquencies in Special Tax payments. Special Tax Fund Pursuant to the Fiscal Agent Agreement, there will be established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Bernardino 2022 Special Tax Bonds Special Tax Fund” (the “Special Tax Fund”) to the credit of which the City will deposit, not later than 10 Business Days after receipt, all Special Tax Revenues received by the City. Moneys in the Special Tax Fund and all accounts therein will be held by the Fiscal Agent for the benefit of the City and the Owners of the Bonds, will be disbursed as provided below and, pending disbursement, will be subject to a lien in favor of the Owners of the Bonds. Notwithstanding the foregoing, any amounts received by the City which constitute Special Tax Prepayments will be transferred by the City not later than 10 business days after receipt to the Fiscal Agent for deposit by the Fiscal Agent in the “Special Tax Prepayments Account” established pursuant to the Fiscal Agent Agreement. As soon as practicable after the receipt from the City of any Special Tax Revenues, but no later than 10 Business Days after such receipt, the Fiscal Agent will withdraw from the Special Tax Fund and deposit in the Administrative Expense Fund, an amount which is estimated by the City, in a written communication from an Authorized Officer delivered to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely) to be sufficient, together with the amount then on deposit in the Administrative Expense Fund, to pay the Administrative Expenses during the current Fiscal Year; provided, however, that the amount deposited in the Administrative Expense Fund prior to the deposits to the Interest Account and the Principal Account of the Bond Fund, as provided below, will not exceed $25,000 for each Fiscal Year. Thereafter, the Fiscal Agent shall deposit in the Interest Account and the Principal Account of the Bond Fund the amounts required by the Fiscal Agent Agreement, as described under “— Bond Fund” below. If after such deposits are made to the Administrative Expense Fund, the Interest Account and the Principal Account there are funds remaining on deposit in the Special Packet Pg.2102 19 Tax Fund, the City shall instruct the Fiscal Agent by an Officer’s Certificate (upon which the Fiscal Agent may conclusively rely) to transfer such amount from the Special Tax Fund to the Reserve Fund to the extent that the amount on deposit therein is less than the Reserve Requirement. On September 2 of each year, the amount, if any, on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (including the Principal Account therein but excluding the Interest Account and the Special Tax Prepayments Account), as determined by the City, shall not exceed the greater of (i) one year’s earnings on such amounts, or (ii) 1/12th of Annual Debt Service for the then current Bond Year. If on September 2 of any year the amount on deposit in the Special Tax Fund, together with the amount then on deposit in the Bond Fund (other than such excluded amounts), exceeds the maximum amount allowable pursuant to the preceding sentence, as determined by the City and communicated in writing by an Authorized Officer to the Fiscal Agent (upon which the Fiscal Agent may conclusively rely), moneys shall be transferred from the Special Tax Fund to the Administrative Expense Fund to pay any additional Administrative Expenses during the then current Fiscal Year, as directed in writing by the City. The Fiscal Agent shall have no obligation to monitor the City’s obligations as set forth in the foregoing sentence. Subject to the requirement described above, on each September 2, commencing September 2, 20__, any funds remaining in the Special Tax Fund which are not needed to pay principal and/or interest on the Bonds then due and payable may be retained in the Special Tax Fund to reduce the Special Taxes levied in future years (subject to the limitations set forth in the Rate and Method). Moneys in the Special Tax Fund will be invested and deposited in accordance with the Fiscal Agent Agreement. Investment Earnings will be retained in the Special Tax Fund to be used for the purposes of such fund to the extent set forth in the Fiscal Agent Agreement. See APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” Bond Fund Pursuant to the Fiscal Agent Agreement, there will be established, as a separate fund to be held by the Fiscal Agent, the “Community Facilities District No. 2020-1 of the City of San Bernardino 2022 Special Tax Bonds Bond Fund” (the “Bond Fund”) and within the Bond Fund, an Interest Account, a Principal Account and a Special Tax Prepayments Account. Moneys in the Bond Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds, shall be disbursed for the payment of the principal of, and interest and any premium on, the Bonds as provided below, and, pending such disbursement, shall be subject to a lien in favor of the Owners of the Bonds. On or before each Interest Payment Date, the Fiscal Agent shall transfer from the Special Tax Fund and deposit into the following respective accounts in the Bond Fund, the following amounts in the following order of priority, the requirements of each such account (including the making up of any deficiencies in any such account resulting from lack of Special Tax Revenues sufficient to make any earlier required deposit) at the time of deposit to be satisfied before any transfer is made to any account subsequent in priority: Interest Account. On or before each Interest Payment Date, the Fiscal Agent shall deposit in the Interest Account an amount required to cause the aggregate amount on deposit in the Interest Account to equal the amount of interest becoming due and payable on the Bonds on such date. No deposit need be made into the Interest Account on any Interest Payment Date if the amount on deposit therein is at least equal to the interest becoming due and payable on the Bonds on such date. All moneys in the Interest Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of paying the interest on the Bonds as it shall become due and payable (including accrued interest on any Bonds redeemed prior to maturity). All amounts on deposit in the Interest Account on the first day of any Bond Year, to the extent not required to pay any interest then having become due and payable on the Outstanding Bonds, shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund. Principal Account. On or before each Interest Payment Date which occurs on September 1, the Fiscal Agent shall deposit in the Principal Account an amount required to cause the aggregate amount on deposit in the Packet Pg.2103 20 Principal Account to equal the principal amount of the Bonds becoming due and payable on such date, or the redemption price of the Bonds (consisting of the principal amount thereof and any applicable redemption premium) required to be redeemed on such date pursuant to the Fiscal Agent Agreement. All moneys in the Principal Account shall be used and withdrawn by the Fiscal Agent solely for the purpose of (i) paying the principal of the Bonds at the maturity thereof, or (ii) paying the principal of and premium (if any) on any Bonds upon the redemption thereof pursuant to the Fiscal Agent Agreement. All amounts on deposit in the Principal Account on the first day of any Bond Year, to the extent not required to pay the principal of any Outstanding Bonds then having become due and payable, shall be withdrawn therefrom by the Fiscal Agent and transferred to the Special Tax Fund. In the event that moneys on deposit in the Special Tax Fund will be insufficient on any Interest Payment Date for the Fiscal Agent to deposit the required amounts in the Interest Account and the Principal Account, as provided above, the Fiscal Agent shall deposit the available funds first to the Interest Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount of interest becoming due and payable on the Bonds on the Interest Payment Date, and shall then deposit the remaining available funds in the Special Tax Fund to the Principal Account up to the full amount required to cause the aggregate amount on deposit therein to equal the amount, if any, of principal becoming due and payable on the Bonds on the Interest Payment Date. If, after making such deposits to the Interest Account and the Principal Account, and after transferring moneys from the Reserve Fund to such accounts, as provided in the Fiscal Agent Agreement, the amount on deposit in the Principal Account is insufficient to pay the full amount of the principal of each of the Bonds which is due or is to be redeemed on the Interest Payment Date, the Fiscal Agent shall make a prorated payment of the principal of each of such Bonds as specified in an Officer’s Certificate provided to the Fiscal Agent. Reserve Fund In order to secure further the payment of principal of and interest on the Bonds, the District will, upon delivery of the Bonds, deposit in the Reserve Fund and thereafter to maintain in the Reserve Fund an amount equal to the Reserve Requirement. The Fiscal Agent Agreement provides that the amount in the Reserve Fund shall equal the lesser of: (i) 10% of the original issue price of the Bonds calculated in accordance with Treasury Regulations Section 1.148-2(f)(1); (ii) Maximum Annual Debt Service on the Bonds; or (iii) 125% of average Annual Debt Service on the Bonds. Moneys in the Reserve Fund shall be held in trust by the Fiscal Agent for the benefit of the Owners of the Bonds as a reserve for the payment of the principal of and interest and any premium on the Bonds and shall be subject to a lien in favor of the Owners of the Bonds. Subject to the limits on the maximum annual Special Tax which may be levied within the District, as described in the Rate and Method, the City will covenant to levy Special Taxes in an amount that is anticipated to be sufficient, in light of the other intended uses of the Special Tax proceeds, to maintain the balance in the Reserve Fund at the Reserve Requirement. The ability of the legislative body of the District to increase the annual Special Taxes levied in the District to replenish the Reserve Fund is additionally subject to certain additional limitations under the Act restricting the amount by which Special Taxes on taxable parcels can be increased due to delinquencies of other taxable parcels. Except as otherwise provided in the Fiscal Agent Agreement, all amounts on deposit in the Reserve Fund shall be used and withdrawn by the Fiscal Agent solely for the purpose of making transfers to the Interest Account and the Principal Account of the Bond Fund in the event of any deficiency at any time in either of such accounts of the amount then required for payment of the principal of and interest and any premium on the Bonds or, in accordance with the provisions of the Fiscal Agent Agreement for the purpose of redeeming Bonds as described below. Whenever, on any September 2, the amount in the Reserve Fund, less Investment Earnings resulting from the investment of the funds therein which pursuant to the Fiscal Agent Agreement must be rebated to the United States, as previously directed by the City, exceeds the Reserve Requirement, as calculated by the City, the Fiscal Packet Pg.2104 21 Agent shall provide written notice to the City of the amount of the excess. Upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), the Fiscal Agent shall, subject to the requirements of the Fiscal Agent Agreement, transfer an amount from the Reserve Fund which will reduce the amount on deposit therein to an amount equal to the Reserve Requirement to the Interest Account and the Principal Account, in such order, to be used for the payment of the interest on and principal of the Bonds on the next succeeding Interest Payment Date in accordance with the Fiscal Agent Agreement. Whenever the balance in the Reserve Fund is equal to or exceeds the amount required to redeem or pay the Outstanding Bonds, including interest accrued to the date of payment or redemption and premium, if any, due upon redemption, the Fiscal Agent shall, upon receiving written direction from an Authorized Officer (upon which the Fiscal Agent may conclusively rely), transfer the amount in the Reserve Fund to the Interest Account and the Principal Account, in the priority specified in the Fiscal Agent Agreement, to be applied, on the next succeeding Interest Payment Date, to the payment and redemption, in accordance with the Fiscal Agent Agreement, of all of the Outstanding Bonds. In the event that the amount available to be so transferred from the Reserve Fund to the Interest Account and the Principal Account exceeds the amount required to pay and redeem the Outstanding Bonds, the excess shall be transferred to the City to be used for any lawful purpose of the City. In the event of a prepayment of Special Taxes, under certain circumstances, a portion of the Reserve Fund will be credited to the amount being prepaid and be applied to redeem Bonds. See APPENDIX D — “SUMMARY OF FISCAL AGENT AGREEMENT.” No Superior Obligations; No Parity Bonds Except for Refunding The District and the City covenant in the Fiscal Agent Agreement that they will not issue any other obligations payable, as to principal or interest, from the Special Tax Revenues which have, or purport to have, any lien upon the Special Tax Revenues superior to or on a parity with the lien of the Bonds, except with respect to the redemption prior to maturity of any Bonds subject to call and redemption and payment of said Bonds from proceeds of refunding bonds issued under the Act as the same now exists or as hereafter amended, or under any other law of the State of California, which shall be payable from and have a lien upon the Special Tax Revenues on a parity with the Bonds to be outstanding following the issuance of such refunding bonds. THE DISTRICT The information about the Developer contained in this section of the Official Statement entitled “THE DISTRICT” has been provided by representatives of the Developer and has not been independently confirmed or verified by the Underwriter, the City or the District. None of the Underwriter, the City or the District makes any representation as to the accuracy or adequacy of the information contained in this section. There may be material adverse changes to this information after the date of this Official Statement. No assurance can be given that the proposed development within the District will occur as described below. As the proposed development progresses and homes are sold, it is expected that the ownership of the land within the District will become more diversified. No assurance can be given that development within the District will occur in a timely manner or in the configuration described herein, or that any property owner described herein will obtain or retain ownership of any of the land within the District. The Bonds and the Special Taxes are not personal obligations of any property owners, including the Developer and, in the event that a property owner defaults in the payment of the Special Taxes, the City may proceed with judicial foreclosure but has no direct recourse to the assets of any property owner. As a result, other than as provided herein, no financial statements or information is, or will be, provided about the Developer or any other property owner. The Bonds are secured solely by the Special Tax Revenues and other amounts pledged under the Fiscal Agent Agreement. See “SOURCES OF PAYMENT FOR THE BONDS” and “RISK FACTORS.” The information under this of the Official Statement includes forward-looking statements. See the cautionary information regarding forward-looking statements in this Official Statement on the page immediately Packet Pg.2105 22 preceding the Table of Contents. As previously discussed, such forward-looking statements are subject to risks and uncertainties that could cause actual results to differ materially from those expressed in or implied by such statements. Readers are cautioned not to place undue reliance on such forward-looking statements, which only speak as of the date of this Official Statement. General Description of the District The District contains approximately 28.34 gross acres and 17.68 developable acres, located at the northeast corner of Little League Drive and Magnolia Avenue, north of Interstate 215, in the Verdemont neighborhood of the City. The District is included within Tract Map No. 20006 and is planned for 119 single family homes at buildout. The Developer acquired the property in the District in April 2020 and plans to construct 119 single-family homes thereon in two product lines known as “Navarra” and “Rioja” and sell such homes to individual homebuyers. The Navarra neighborhood is planned to consist of 64 single-family homes and the Rioja neighborhood is planned to consist of 55 single-family homes. As of the May 1, 2022 Date of Value of the Appraisal Report, 53 of the 119 planned single-family residential homes had been completed and conveyed to individual homeowners. Of the remaining 66 residential lots, the Developer owned six completed model homes (none of which were in escrow), 12 homes which were over 95% completed (all of which were in escrow), 28 homes under construction but less than 95% completed (all of which were in escrow) and 20 finished lots without any vertical home construction thereon (none of which were in escrow). Homes under contract may not result in closed escrows as sales contracts are subject to cancellation by the homebuyers. Development within the District has progressed since the Date of Value. The following table summarizes the ownership and development status within the District as of June 7, 2022. Property Owner Completed Homes Under Construction Finished Lots(2) Individual Owner 65 0 0 Developer 6(1)34 14 TOTAL:71 34 14 (1)Includes six model homes. (2)Represents finished lots without any vertical home construction thereon. Source: The Developer. As of June 7, 2022, the Developer had obtained building permits for 109 of the 119 lots within the District (the “Project”). According to Spicer Consulting Group, LLC (the “Special Tax Consultant”), based on the number of building permits obtained for lots within the District as of June 7, 2022, 109 lots will be classified as Developed Property under the Rate and Method for the Fiscal Year 2022-23 Special Tax levy. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Description of Authorized Facilities The City Facilities authorized to be financed from Bond proceeds consist of water system facilities, including capacity in existing facilities, and sewer system facilities, including capacity in existing facilities and sewage treatment and disposal capacity, storm drain improvements and transportation improvements, including street and traffic improvements of the City and such other improvements authorized by the Act, as well as incidental expenses related to the planning, design and completion of such facilities. Packet Pg.2106 23 The Developer TH Rancho Palma, LLC, a Delaware limited liability company (previously defined as the “Developer”) is a single-purpose entity whose sole member and manager is Trumark Homes LLC, a California limited liability company (“Trumark Homes”). Trumark Homes was founded by Gregg Nelson and Michael Maples. Trumark Homes is engaged in the building of master planned communities, single family and attached housing, urban and mixed-use development in California and Colorado. Trumark Homes has developed more than 8,000 residential lots in California since its founding in 1988. In 2020, Daiwa House USA Inc., a wholly owned subsidiary of Osaka, Japan based Daiwa House Industry Co., Ltd. (“Daiwa House”), acquired a 60% equity interest in Trumark Homes. Daiwa House is Japan’s largest homebuilder and is a publicly traded company. Brief resumes of the key personnel at Trumark Homes are set forth below. Gregg Nelson, Co-Chief Executive Officer. Gregg Nelson is a Co-Chief Executive Officer of Trumark Homes. Mr. Nelson co-founded the firm in 1988. He has worked in the construction, development and real estate investment arenas for 35 years. Mr. Nelson graduated from San Jose State University with a Bachelor of Science degree in Business Administration and completed an MBA program at Santa Clara University. Michael Maples, Co-Chief Executive Officer. Michael Maples is a Co-Chief Executive Officer of Trumark Homes. Mr. Maples has been a Managing Member of Trumark Homes and related entities since he founded the firm in 1988. Mr. Maples earned a Bachelor of Science degree in Business Administration from San Jose State University. He also received a Master of Divinity degree from Bethel Seminary in St. Paul, Minnesota. Eric Lindquist, Chief Financial Officer. Eric Lindquist serves as Chief Financial Officer of the Trumark Homes. Mr. Lindquist previously served as Corporate Controller of Trumark Homes. Prior to joining Trumark Homes, Mr. Lindquist served as the Vice President of Finance for the Bay Area Division of Lennar Corporation (formerly CalAtlantic Homes). He has also held positions as a Controller at Blu Homes Inc. and Audit Senior Manager with KPMG. Mr. Lindquist has been in the real estate and finance industry for 17 years. The Development The property within the District is expected to be developed with 119 single-family detached homes in two product lines -known as “Navarra” and “Rioja,” planned to consist of 64 single -family homes and 55 single -family homes, respectively. The Navarra neighborhood is planned to consist of 64 single family homes with three floor plans (“Plan 1,” “Plan 2” and “Plan 3”) ranging in size from approximately 2,000 square feet to approximately 2,506 square feet, with homes constructed in ten phases. The Rioja neighborhood is planned to consist of 55 single family homes with three floor plans (“Plan 4,” “Plan 5” and “Plan 6”) ranging in size from approximately 2,522 square feet to approximately 3,179 square feet, with homes constructed in nine phases. Substantial infrastructure within the District has been completed, which includes construction of the retaining walls and permanent walls of the homes, onsite water and street improvements, SCE relocation of mainline installation, off-site landscape, street and street light improvements, onsite sewer and storm drain improvements. The Developer has completed construction of the private park, public park and RV lot. The remaining infrastructure necessary for the development of the property includes installing water meters on seven (7) lots in the Rioja neighborhood and miscellaneous lighting improvements in the District. As of the Date of Value of the Appraisal Report, 53 of the 119 planned single family residential homes had been completed and conveyed to individual homeowners. As of such date, the Developer owned six (6) completed model homes, 12 homes that were over 95% complete (all of which were in escrow), 28 homes under construction but less than 95% completed (all of which were in escrow) and 20 finished lots without any vertical home construction thereon (none of which were in escrow), as of the Date of Value. Development within the District has progressed since the Date of Value. Between May 2, 2022 and June 7, 2022, an additional 12 homes closed escrow to individual homeowners, resulting in 65 homes conveyed to individual homeowners as of such Packet Pg.2107 24 date. Of the remaining 54 residential lots owned by the Developer, there were six completed model homes (none of which were in escrow), 34 homes under construction (all of which were in escrow), and 14 finished lots without any vertical home construction thereon (none of which were in escrow) as of June 7, 2022. Homes under contract may not result in closed escrows as sales contracts are subject to cancellation by the homebuyers. As of June 7, 2022, the Developer had obtained building permits for 109 of the 119 lots within the District. According to the Special Tax Consultant, based on the number of building permits obtained for lots within the District as of June 7, 2022, 109 lots will be classified as Developed Property under the Rate and Method for the Fiscal Year 2022-23 Special Tax levy. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX. The Developer expects to complete home construction and to convey all homes within the District to individual homeowners by December 2022. A summary of the proposed product mix and development status for each of the Navarra and Rioja products, including estimated square footage and estimated base sales prices for the property being developed by the Developer within the District as of May 1, 2022 is set forth below: TABLE 2A Navarra (as of May 1, 2022) Plan Expected Number of Homes at Buildout Estimated Square Footage Number of Bedrooms / Bathrooms Closed to Individual Homeowners Completed Homes Owned by Developer(1) Homes Under Construction Owned by Developer Finished Lots Owned by Developer Estimated Base Sales Price(2) 1 19 2,000 3/2 7 4 4 4 $540,000 2 22 2,274 4/2.5 8 4 4 6 529,000 3 23 2,506 4/2.5 10 3 4 6 576,600 Total 64 25 11 12 16 (1)Includes one model home per plan. Homes over 95% complete are considered completed homes. (2)Base home prices shown exclude lot premiums, options and extras and any incentives or price reductions. Base sales prices are subject to change. Source: Appraisal. TABLE 2B Rioja (as of May 1, 2022) Plan Expected Number of Homes at Buildout Estimated Square Footage Number of Bedrooms / Bathrooms Closed to Individual Homeowners Completed Homes Owned by Developer(1) Homes Under Construction Owned by Developer Finished Lots Owned by Developer Estimated Base Sales Price(2) 4 16 2,522 4/3 8 2 5 1 $615,155 5 19 2,824 4/3 9 3 6 1 623,155 6 20 3,179 5/4 11 2 5 2 667,355 Total 55 28 7 16 4 (1)Includes one model home per plan. Homes over 95% complete are considered completed homes. (2)Base home prices shown exclude lot premiums, options and extras and any incentives or price reductions. Base sales prices are subject to change. No assurance can be given that home construction and sales will be carried out on the schedule and according to the plans outlined herein, or that the home construction and sale plans or base prices set forth above will not change after the date of this Official Statement. Additionally, homes sold may not result in closed escrows as sales contracts are subject to cancellation. In changing market conditions, builders will often revise the product lines and prices and the rate of sales can fluctuate. The Developer continuously evaluates its product Packet Pg.2108 25 lines and prices in light of the then current market conditions. See “RISK FACTORS” herein for a discussion of risk factors. Status of Entitlement Approvals. Other than building permits and other permits required in the normal course of home construction, the Developer believes all discretionary approvals required for the development of the Project have been obtained. Environmental Review. The Project as currently planned has undergone all required environmental and biological review and the necessary environmental approvals for the development of the entire property have been obtained. On April 4, 2017, the City of San Bernardino Community Development Department issued a Notice of Determination which approved the Project and made the following determinations: (i) an Environmental Impact Report was prepared for the Project pursuant to the provisions of CEQA; (ii) mitigation measures were made a condition of approval of the Project; (iii) a mitigation reporting or monitoring plan was adopted for the Project; (iv) findings were made pursuant to the provisions of CEQA. The Developer has addressed the mitigation measures that were a condition of approval of the Project. A CEQA Guidelines Section 15162 Exemption was approved for the Project by the City of San Bernardino Community Development Department on May 4, 2017. COVID-19 Impact. The development within the District is subject to disruption and delays due to the COVID-19 pandemic and other related public health and governmental authorities’ orders and actions which could have a material adverse effect on the Developer’s ability to complete its proposed development within the District in the timeframe and budget, and at the sales prices, described in this Official Statement. As of June 1, 2022, the Developer has experienced increases in certain construction costs, supply chain delays, labor shortages, and increased cycle time for home deliveries. However, the Developer has not experienced any significant development delays resulting from work stoppages, reduced attendance of workers, or the ability to obtain necessary inspections and approvals for homes, which may be attributed, directly or indirectly, to the COVID-19 pandemic. Although the recent cost increases and construction delays are not currently having a significant impact on the overall development of homes in the District, the impacts caused by the outbreak are evolving and no prediction can be made with respect to the ultimate effects of the COVID-19 outbreak and related public health and governmental authorities’ orders and actions (including, without limitation, the scope of restrictions under the current or any amended County or State of California orders), on the Developer’s ability to sell and close homes in the District. Such effects, if and as they arise, could have a material adverse effect on the ability to develop the homes in the District as planned, and no assurance can be provided that the Developer will be able to (a) complete in whole or in any part, or within any particular time, its construction of homes within the District; (b) avoid additional material increases in development costs or delays resulting from work stoppages, reduced attendance of workers, shortages or delays in the delivery of building materials, and/or delays in obtaining necessary inspections and approvals; or (c) sell homes, and close home sales or not experience purchase contract cancellations, due to in each case to public health or governmental restrictions, further spread of COVID-19, an economic downturn driven by the pandemic, or otherwise. See “RISK FACTORS – COVID-19 Outbreak.” Financing Plan. Through April 30, 2022, the Developer had expended approximately $43,206,972 on its project in the District, including land acquisition costs, site development costs, permits and fees, direct and indirect home construction costs, and marketing and sales costs and expenses (exclusive of corporate overhead allocation and other carry costs). The Developer expects to incur approximately $12,662,477 on remaining site development costs, permits and fees, direct and indirect home construction costs, and marketing and sales costs and expenses (exclusive of corporate overhead and other carry costs), between May 1, 2022 and full buildout of its project in the District. The Developer expects to use a combination of home sales revenue, proceeds of the Bonds, and borrowings under the Credit Facility (defined below) to complete its development in the District. Packet Pg.2109 26 As of May 31, 2022, the Developer’s parent, Trumark Homes, was a party to a $170 million secured revolving credit facility with Wells Fargo Bank (the “Credit Facility”) which matures in April 2024. The Credit Facility provides working capital and letter of credit capacity. Trumark Homes’ obligations under the Credit Facility are secured by liens on substantially all of its personal property and a significant portion of its owned real properties. Not only is the Credit Facility secured by and available to finance the development and construction of homes on the property owned by the Developer within the District, but is also available to finance and be secured by projects under development by other subsidiaries of Trumark Homes. The Credit Facility contains certain covenants, including negative and financial covenants, with which Trumark Homes is required to comply and which may limit the amount Trumark Homes may borrow or have outstanding at any time. As of May 31, 2022, Trumark Homes satisfied the conditions that would allow it to borrow up to $170 million, of which $109,677,148 in borrowings was outstanding, leaving $60,322,852 available under the Credit Facility to be drawn as of such date. Trumark Homes’ ability to renew the Credit Facility in the future is dependent upon a number of factors including the state of the commercial lending environment, the willingness of banks to lend to homebuilders and Trumark Homes’ financial condition and strength. The following table is a summary of the Developer’s estimated sources and uses of funds for its projects in the District. As shown in the table below, As of May 1, 2022, approximately $29,646,198 of the Developer’s remaining development and construction costs within the District are expected to be funded from borrowings under the Credit Facility. COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO DEVELOPER PROJECTED SOURCES AND USES OF FUNDS April 1, 2022 through April 30, 2022 May 1, 2022 Through Projected Build-Out Total Budget Sources of Funds Credit Facility $39,513,130 $29,646,198 $ 69,159,328 Home Sales Revenues 31,429,221 37,663,244 69,092,465 CFD 2020-1 Bond Proceeds 0 2,980,000 2,980,000 Total Sources of Funds $70,942,351 $70,289,442 $141,231,793 Uses of Funds Land and Site Improvements $ 6,547,973 $ 182,978 $ 6,730,951 Consultants / Site Development 10,487,908 1,507,422 11,995,330 Fees 4,756,033 68,740 4,824,773 Onsite Construction 2,592,163 1,425,789 4,017,952 House Costs 16,342,801 8,381,133 24,723,934 Finance Costs 21,481,838 43,314,405 64,796,243 Model, Advertising and Sales 1,126,721 83,467 1,210,188 Overhead 1,353,373 1,012,947 2,366,320 Total Uses of Funds $64,688,810 $55,976,882 $120,665,691 Net Cash Flow $ 6,253,541 $14,312,560 $ 20,566,102 Source: Developer. Although the Developer expects to have sufficient funds available to complete its development in the District, commensurate with the development timing described in this Official Statement, there can be no assurance that amounts necessary to finance the remaining development and home construction costs within the District will be available from the Developer, or from any other source, when needed. Neither the Developer nor any other entity or person is under any legal obligation of any kind to expend funds for the remaining development of and construction of homes on its property in the District or obtain loans. Any contributions by the Developer or any other entity or person (including borrowings under the Credit Facility) to fund the costs of such development and home construction are made or obtained voluntarily. Packet Pg.2110 27 If and to the extent the aforementioned sources are inadequate to pay the costs to complete the planned development by the Developer within the District and other financing by the Developer is not put into place, there could be a shortfall in the funds required to complete the proposed development by the Developer in the District and the remaining portions of the project in the District may not be completed. There is no legal obligation to Bond holders to make any such funds available for land development, construction, or the payment of ad valorem property taxes or the Special Taxes. See “RISK FACTORS” herein for a discussion of risk factors. Loan Defaults; Bankruptcy; History of Property Tax Payments. In connection with the issuance of the Bonds, an authorized representative or officer of the Developer will execute a certificate (the “Letter of Representations”) containing the following representations (among others) as of its date: (1) Except as described in this Official Statement, there are no material loans outstanding and unpaid, and no material lines of credit of the Developer or its Relevant Entities (defined below), that are secured by an interest in the Property (defined below). To the Actual Knowledge of the Developer (defined below), the Developer and its Relevant Entities are not in breach of or in default under any applicable loan agreement, line of credit, option agreement, development agreement, indenture, fiscal agent agreement, bond or note (collectively, the “Material Agreements”) to which the Developer or its Relevant Entities are a party or otherwise subject, which breach or default could reasonably be expected to materially and adversely affect the ability of the Developer: (a) to own and develop the Property, as described in this Official Statement; (b) to pay Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquency; (c) to carry on its business as described in this Official Statement; or (d) to perform its obligations under the Property Owner Continuing Disclosure Certificate. (2) The Developer and, to the Actual Knowledge of the Developer, its Relevant Entities, are able to pay their respective bills as they become due, and to the Actual Knowledge of the Developer, there are no proceedings against the Developer (with proper service of process to the Developer having been accomplished) or overtly threatened in writing in which the Developer or any of its Relevant Entities may be adjudicated as bankrupt, become the debtor in a bankruptcy proceeding, be discharged from any and all of its respective debts or obligations, be granted an extension of time to pay its respective debts or obligations, or be granted a reorganization or readjustment of its respective debts or obligation. (3) To the Actual Knowledge of the Developer, neither the Developer nor any of its Relevant Entities is currently in, or, in the last five (5) years, has defaulted to any material extent in the payment of property taxes or special taxes or assessments in connection with the District or any other community facilities districts or assessment districts for any Property owned by the Developer or Related Entity. As used in the above representations of the Developer, the following defined terms and phrases have the following meanings: “Actual Knowledge of the Developer” means, as of the date of the Letter of Representations, the actual knowledge (as opposed to constructive), after reasonable investigation, that the authorized representative or officer signing the Letter of Representations on behalf of Developer (the “Authorized Representative”) currently has or has obtained through: (i) interviews with such current officers and responsible employees of Developer as the Authorized Representative has determined are reasonably likely, in the ordinary course of their respective duties, to have knowledge of the matters set forth in the Letter of Representations and/or (ii) review of documents reasonably available to the Authorized Representative and which the Authorized Representative reasonably deemed necessary for the Authorized Representative to obtain knowledge of the matters set forth in the Letter of Representations. The Authorized Representative has not conducted any extraordinary inspection or inquiry other than such inspections or inquiries as are prudent and customary in connection with the ordinary course of the Developer’s current business and operations. The Authorized Representative has not contacted individuals who are no longer employed by the Developer. Packet Pg.2111 28 “Relevant Entity” means, with respect to the Developer, any other Person (i) who directly, or indirectly through one or more intermediaries, is currently controlling, controlled by or under common control with the Developer, and (ii) for whom information, including financial information or operating data, concerning such Person is material to potential investors in their evaluation of the District and investment decision regarding the Bonds (i.e., such person or entity’s assets or funds would materially affect the Developer’s ability to develop the Property as described in this Official Statement or to pay its Special Taxes on the Property (to the extent the responsibility of the Developer) prior to delinquency). “Person” means an individual, a corporation, a partnership, a limited liability company, an association, a joint stock company, a trust, any unincorporated organization or a government or political subdivision thereof. The term “control” (including the terms “controlling,” “controlled by” or “under common control with”) means the possession, direct or indirect, of the power to direct or cause the direction of the management and policies of a Person, whether through the ownership of voting securities, by contract or otherwise. “Property” means the property within the District held in the name of the Developer. Overlapping Community Facilities Districts The principal of and interest on the Bonds are payable from the Special Tax authorized to be collected within the District, and payment of the Special Tax is secured by a lien on certain real property within the District. Such lien is co-equal to and independent of the lien for general taxes and any other liens imposed under the Act, regardless of when they are imposed on the property in the District. The imposition of additional special taxes, assessments and general property taxes will increase the amount of independent and co-equal liens which must be satisfied in foreclosure. The City, the County and certain other public agencies are authorized by the Act to form and have formed other community facilities districts and improvement areas and, under other provisions of State law, to form special assessment districts, either or both of which could include all or a portion of the land within the District. See “-Estimated Direct and Overlapping Indebtedness.” As of May 1, 2022, the City has two overlapping community facilities districts for annual public safety and maintenance expenses. See “Table 3” below. Estimated Direct and Overlapping Indebtedness Within the boundaries of the District are other overlapping local agencies providing public services. The approximate amount of the direct and overlapping debt on the parcels within the District as of May 1 2022 is shown in Table 3 below. Packet Pg.2112 29 TABLE 3 COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO DIRECT AND OVERLAPPING DEBT As of May 1, 2022 I. Appraisal Value (1)$47,976,884 II. Land Secured Bond Indebtedness Outstanding Direct and Overlapping Bonded Debt Type Issued Outstanding % Applicable Amount Applicable CITY OF SAN BERNARDINO CFD NO. 2020-1, SERIES 2022 CFD $3,480,000*$3,480,000 100.000%$3,480,000 TOTAL LAND SECURED BONDED DEBT $3,480,000 III. General Obligation Bond Indebtedness Outstanding Direct and Overlapping Bonded Debt Type Issued Outstanding % Applicable(2) Amount Applicable SAN BERNARDINO UNIFIED SCHOOL DISTRICT GO $372,980,000 $ 67,020,000 0.261%$175,244 SAN BERNARDINO COMMUNITY COLLEGE GO 989,999,797 857,585,469 0.060 517,034 TOTAL OUTSTANDING GENERAL OBLIGATION BONDED DEBT $692,278 Authorized but Unissued Direct and Overlapping Indebtedness Type Issued Outstanding % Applicable(2) Amount Applicable SAN BERNARDINO UNIFIED SCHOOL DISTRICT GO $440,000,000 $67,020,000 0.261%$175,244 SAN BERNARDINO COMMUNITY COLLEGE GO 1,160,000,000 170,000,203 0.060 102,492 CITY OF SAN BERNARDINO CFD NO. 2020-1, SERIES 2022 CFD 5,000,000 100.000 TOTAL UNISSUED GENERAL OBLIGATION INDEBTEDNESS $277,736 TOTAL OUTSTANDING AND UNISSUED GENERAL OBLIGATION INDEBTEDNESS $970,015 TOTAL OF ALL OUTSTANDING DIRECT AND OVERLAPPING BONDED DEBT $4,172,278 TOTAL OF ALL OUTSTANDING DIRECT AND UNISSUED DIRECT OVERLAPPING INDEBTEDNESS $4,450,015 IV. Ratios to Appraisal Value Outstanding Land Secured Bonded Debt 13.79:1 Total Outstanding Bonded Debt 11.50:1  Preliminary, subject to change. (1) Represents the appraised value as set forth in the Appraisal Report as of the Date of Value. (2) Calculated by dividing the appraised value by the total assessed value for Fiscal year 2021-22. (3) Following the issuance of the Bonds, no additional bonds can be issued on a parity basis with the Bonds, with the exception of refunding bonds. Source: San Bernardino County Assessor’s Office, Spicer Consulting Group, LLC. Expected Tax Burden Based on the appraised values within the District set forth in the Appraisal Report, the projected debt service on the Bonds, and estimated District Administrative Expenses of $25,000 for Fiscal Year 2022-23, the City expects that, in Fiscal Year 2022-23, the projected effective tax rates levied on taxable property in the District, will range from approximately 1.83% to 1.86% of average appraised value of homes within each Land Use Category (as defined in the Rate and Method). Subject to the limitations established by the Rate and Method and the provisions of the Act, the City Council will covenant in the Fiscal Agent Agreement to levy Special Taxes on parcels of taxable property in the District in each Fiscal Year in an amount sufficient to pay debt service on the outstanding Bonds. Table 4 below describes the estimated Fiscal Year 2022-23 effective tax burden for sample units of Developed Property within the District. The estimated tax rates and amounts presented in this Official Statement are based on currently available information. The actual amounts charged may vary and may increase in future years depending on the amount of Bonds, and the number of delinquencies in the District, among other factors. Packet Pg.2113 30 TABLE 4 COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO PROJECTED FISCAL YEAR 2022-23 EFFECTIVE TAX OBLIGATION FOR SAMPLE DEVELOPED PROPERTY WITHIN EACH NEIGHBORHOOD Plan Type 1 2 3 4 5 6 CFD Tax Category Less than 2,100 Sq. Ft. 2,101 to 2,399 Sq. Ft. 2,400 to 2,699 Sq. Ft. 2,400 to 2,699 Sq. Ft. 2,700 to 2,999 Sq. Ft. Greater than 3,000 Sq. Ft. Home Size 2,000 2,274 2,506 2,522 2,824 3,179 Appraisal Value(1)$520,000 $523,020 $551,320 $580,060 $593,040 $604,010 Ad Valorem Property Taxes: General Purpose $ 5,200 $ 5,230 $ 5,513 $ 5,801 $ 5,930 $ 6,040 San Bernardino Unified School District (0.09690%)566 570 600 632 646 658 San Bernardino Community College (0.05620%)278 279 294 310 317 323 San Bernardino Valley Municipal Water District (0.14250%) 676 680 717 754 771 785 Total General Property Taxes $ 6,720 $ 6,759 $ 7,125 $ 7,496 $ 7,664 $ 7,806 Assessment, Special Taxes & Parcel Charges:(3) County Fire Protection District Services Zone FP-5 $ 162 $ 162 $ 162 $ 162 $ 162 $ 162 San Bernardino Vector Control District 6 6 6 6 6 6 City of San Bernardino CFD 2018-1 Safety Services 385 385 385 385 385 385 City of San Bernardino CFD 2019-1, Zone 5 Maintenance Services 344 344 344 344 344 344 City of San Bernardino CFD 2020-1 (Rancho Palma)(2) 1,880 2,080 2,185 2,185 2,420 2,525 Total Assessments & Special Taxes $ 2,777 $ 2,977 $ 3,082 $ 3,082 $ 3,317 $ 3,422 Projected Total Property Tax $ 9,497 $ 9,736 $ 10,206 $ 10,578 $10,980 $11,227 Projected Effective Tax Rate 1.83%1.86%1.85%1.82%1.85%1.86% (1)Reflects the appraised value based as of Date of Value, the date of value and ownership. (2)Reflects estimated Fiscal Year 2022-23 Special Tax levy based on development as of June 1, 2022, and includes priority Administrative Expenses in the amount of $25,000. (3)Reflects estimated Fiscal Year 2022-23 Special Tax Rates for tax bill items. Source: San Bernardino County Assessor's Office; Spicer Consulting Group, LLC. Appraisal Report In order to provide information with respect to the value of the property within the District, the County engaged Kitty Siino & Associates, Inc., the Appraiser, to prepare the Appraisal Report. The Appraiser has an “MAI” designation from the Appraisal Institute and has prepared numerous appraisals for the sale of land-secured municipal bonds. The Appraiser was selected by the City and has no material relationships with the City or the owners of the land within the District other than the relationship represented by the engagement to prepare the Appraisal Report. The City instructed the Appraiser to prepare its analysis and report in conformity with the Uniform Standards of Professional Appraisal Practice and the appraisal standards of the California Debt and Investment Advisory Commission. A copy of the Appraisal Report is included as APPENDIX B — “APPRAISAL REPORT” to this Official Statement. The purpose of the Appraisal Report was to estimate the market value of the fee simple interest of the property within the District subject to the Special Tax levy. The estimate of market value assumes that all improvements and benefits to the subject properties, which are to be funded with the proceeds of the Bonds are completed and in place. Subject to the assumptions and limiting conditions set forth in the Appraisal Report, the Appraiser concluded that, as of the Date of Value (May 1, 2022), the appraised value of the property within the District subject to the Special Tax lien was $47,976,884. The Appraisal Report is based upon a variety of assumptions and limiting conditions that are described in APPENDIX B. The City makes no representation as to the accuracy of the Appraisal Report. See APPENDIX B — “APPRAISAL REPORT.” There is no assurance that the property within the District can be sold for the prices set forth in the Appraisal Report or that any parcel can be sold for a price sufficient to pay the Special Tax for that parcel in the event of a default in payment of Special Taxes by the landowner. See “RISK FACTORS — Land Values” and APPENDIX B — “APPRAISAL REPORT.” Packet Pg.2114 31 Estimated Value-to-Lien Ratio The appraised value of the property within the District as of the Date of Value is $47,976,884. Dividing the appraised value by the principal amount of the Bonds results in value to lien ratio of 13.79 to 1 for the District. As of the date of issuance of the Bonds, the City expects that the only land-secured debt applicable to parcels within the District will be the Bonds. However, additional land-secured special tax or assessment debt could be applicable to the parcels within the District in the future. See “RISK FACTORS — Parity Taxes and Special Assessments.” Table 5 below reflects the values assigned to parcels in the Appraisal Report, the estimated principal amount of the Bonds and the estimated appraised value-to-lien ratios in the District, based on the estimated Fiscal Year 2022-23 Special Tax levy, categorized by property ownership. The Developer, as owner of 66 of the 119 lots within the District, is responsible for the payment of 55.46% of the Fiscal Year 2022-23 Special Tax levy. See “RISK FACTORS - Concentration of Ownership.” Packet Pg.2115 32 TABLE 5 COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO ESTIMATED VALUE-TO-LIEN RATIOS FOR FISCAL YEAR 2022-23 ALLOCATED BY PROPERTY OWNERSHIP (As of May 1, 2022) Property Owner No. of Units Appraised Property Value(3) Percentage of Appraised Value Assigned Special Tax Levy Percentage of Special Tax Levy Estimated Fiscal Year 2022-23 Levy(4) Percentage of Estimated Fiscal Year 2022-23 Levy CFD 2020-1 Proposed 2022 Bonds(5) All Other Overlapping Debt Issued Appraised Value-to- Lien Ratio Developed - Individually Owned 53 $29,959,310 62.45%$130,079 44.60%$118,685 48.97%$1,704,210 $339,019 14.66:1 Developed - Trumark Homes Owned(1) 56 15,986,509 33.32 137,209 47.05 123,670 51.03 1,775,790 353,259 7.51:1 Subtotal Developed 109 $45,945,819 95.77%$267,288 91.65%$242,355 100.00%$3,480,000 $692,278 11.01:1 Approved -Trumark Homes Owned (2)10 $ 2,031,065 4.23%$ 24,358 8.35%$ 0 0.00%$ 0 $ 0 N/A Subtotal Developer Owned 10 2,031,065 4.23 24,358 8.35 0 0.00 0 0 Total 119 $47,976,884 100.00%$291,646 100.00%$242,355 100.00%$3,480,000 $692,278 11.50:1 (1)Reflects appraised value for 6 model homes, 12 lots over 95% complete, 28 homes under construction and 10 finished lots, for Trumark Homes, which have building permits issued and are therefore considered developed per the Rate and Method. (2)Reflects appraised value for 10 finished lots for Trumark Homes owned, which have not issue building permits yet and are therefore considered approved per the Rate and Method. (3)Reflects the appraised value as of the Date of Value. (4)Estimated Fiscal Year 2022-23 Special Tax levy based upon development status as of the Date of Value and preliminary debt service with administration of $25,000. (5)Includes the principal amount of the Bonds. Responsibility of the principal amount of the Bonds has been allocated based on the projected Fiscal Year 2022-23. Source: San Bernardino County Assessor's Office; Spicer Consulting Group, LLC. Packet Pg.2116 33 Table 6 below sets forth the appraised value-to-lien ratios for the parcels of Taxable Property in the District by value-to-lien ranges based on the projected Fiscal Year 2022-23 Special Tax levy and development status as of the Date of Value (May 1, 2022). Since the Date of Value, the Developer has conveyed additional homes to individual homeowners and has commenced construction of additional homes within the District. TABLE 6 COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO VALUE-TO-LIEN STRATIFICATION FOR DEVELOPED PROPERTY ONLY Value-to Lien Category No. of Units Percentage of Units Appraised Value(1) Percentage of Appraised Value CFD 2020-1 Estimated Fiscal Year 2022-23 Levy Percent Share of Estimated Fiscal Year 2022-23 Levy CFD 2020-1 Proposed Bonds(2) Percent Share of Proposed Bonds All Other Overlapping Debt Aggregate Value-to Lien Less than 5.00:1(3)14 12.84%$ 2,843,490 6.19%$ 34,615 14.28%$ 497,040 14.28%$ 98,876 4.77:1 Between 5.01:1 to 7.00:1 24 22.02 4,874,555 10.61 4,980 20.62 717,668 20.62 142,766 5.67:1 Between 7.01:1 to 9.00:1 0 0.00 0 0.00 0 0.00 0 0.00 0 N/A Between 9.01:1 to 11.00:1 2 1.83 918,718 2.00 5,050 2.08 72,513 2.08 14,425 10.57:1 Between 11.01:1 to 13.00:1 12 11.01 5,512,309 12.00 26,505 10.94 380,588 10.94 75,711 12.08:1 Between 13.01:1 to 15.00:1 42 38.53 23,516,266 51.18 95,565 39.43 1,372,228 39.43 272,978 14.29:1 Greater than 15.01:1(3) 15 13.76 8,280,480 18.02 30,640 12.64 439,963 12.64 87,522 15.70:1 Total 109 100.00%$45,945,819 100.00%$242,355 100.00%$3,480,000 100.00%$692,278 11.01:1 (1)Reflects the appraised value as of the Date of Value and ownership information. (2)Responsibility of the par amount has been allocated based on the estimated Fiscal Year 2022-23 Special Tax levy, with development status as of May 1, 2022 and preliminary bond sizing as provided by the Underwriter. (3)The minimum value to lien in the Less than 5.00:1 category is 4.89:1. The maximum value to lien in the Greater than 15.01:1 category is 16.82:1. Source: San Bernardino Assessor's Office; Spicer Consulting Group, LLC. Packet Pg.2117 34 Delinquency History There are no delinquencies on the parcels in the District for Fiscal Year 2021-22. City’s Collection Practices The staff of the City provides administrative and other support services for the community facilities districts that have been formed by the City. These services include, but are not limited to, attempting to collect delinquent special taxes prior to the commencement of foreclosure proceedings by sending demand letters to property owners whose special taxes are delinquent advising them of the consequences of failing to pay the applicable special taxes. The City expects to levy Special Taxes within the District and will covenant in the Fiscal Agent Agreement to commence foreclosure proceedings against parcels with delinquent Special Taxes under certain circumstances described in this Official Statement. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales.” RISK FACTORS The purchase of the Bonds involves significant investment risks and, therefore, the Bonds are not suitable investments for many investors. The following is a discussion of certain risk factors which should be considered, in addition to other matters set forth in this Official Statement, in evaluating the investment quality of the Bonds. The Bonds have not been rated by a rating agency. This discussion does not purport to be comprehensive or definitive and does not purport to be a complete statement of all factors which may be considered as risks in evaluating the credit quality of the Bonds. The occurrence of one or more of the events discussed in this section of this Official Statement could adversely affect the ability or willingness of property owners in the District to pay their Special Taxes when due. Such failures to pay Special Taxes could result in the inability of the District to make full and punctual payments of debt service on the Bonds. In addition, the occurrence of one or more of the events discussed in this section of this Official Statement could adversely affect the value of the property in the District. See “— Land Values” and “— Limited Secondary Market” below. Risks of Real Estate Secured Investments Generally The Bond Owners will be subject to the risks generally incident to an investment secured by real estate, including, without limitation, (i) adverse changes in local market conditions, such as changes in the market value of real property in the vicinity of the District, the supply of or demand for competitive properties in such area, and the market value of residential property or buildings and/or sites in the event of sale or foreclosure; (ii) changes in real estate tax rates and other operating expenses, governmental rules and fiscal policies; and (iii) natural disasters (including, without limitation, earthquakes and floods), which may result in uninsured losses. No assurance can be given that the individual homeowners will pay Special Taxes in the future or that they will be able to pay such Special Taxes on a timely basis. See “RISK FACTORS — Bankruptcy and Foreclosure” below, for a discussion of certain limitations on the District’s ability to pursue judicial proceedings with respect to delinquent parcels. Tax Cuts and Jobs Act H.R. 1 of the 115th U.S. Congress, known as the “Tax Cuts and Jobs Act,” was enacted into law on December 22, 2017 (the “Tax Act”). The Tax Act makes significant changes to many aspects of the Internal Revenue Code of 1986, as amended (the “Code”). For example, the Tax Act reduces the amount of mortgage interest expense and state and local income tax and property tax expense that individuals may deduct from their gross income for federal income tax purposes. These changes could increase the cost of home ownership within the District and could slow the pace of home sales by the Developer or result in sales price reductions from the current expected levels. However, the City cannot predict the effect that the Tax Act may have on the cost of home ownership or the price of homes in the District, the pace at which homes in the District are sold to individual homeowners, or the ability or willingness of homeowners to pay Special Taxes or property taxes. Packet Pg.2118 35 Limited Obligations The Bonds and related interest are not payable from the funds of the City. Except with respect to the Special Taxes, neither the credit nor the taxing power of the District or the City is pledged for the payment of principal or interest of the Bonds, and, except as provided in the Fiscal Agent Agreement, no Owner of the Bonds may compel the exercise of any taxing power by the District or the City or force the forfeiture of any City or District property. The principal of, premium, if any, and interest on the Bonds are not a debt of the City or a legal or equitable pledge, charge, lien or encumbrance upon any of the City’s or District’s property or upon any of the City’s or District’s income, receipts or revenues, except the Special Tax Revenues and other amounts pledged under the Fiscal Agent Agreement. Insufficiency of Special Taxes The annual amount of Special Tax to be levied on each taxable parcel in the District will generally be based on the land use class to which a parcel of Developed Property is assigned under the Rate and Method. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX” and “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Rate and Method of Apportionment of Special Tax.” The maximum Special Tax for each Assessor’s Parcel of Single Family Residential Property in any Fiscal Year shall be the greater of (i) the Assigned Special Tax or (ii) the Backup Special Tax. See APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” Notwithstanding that the maximum Special Taxes that may be levied in the District exceeds debt service due on the Bonds, the Special Taxes collected could be inadequate to make timely payment of debt service either because of nonpayment or because property becomes exempt from taxation as permitted in the Rate and Method. In order to pay debt service on the Bonds, it is necessary that the Special Taxes be paid in a timely manner. Should the Special Taxes not be paid on time, the City has established a Reserve Fund under the Fiscal Agent Agreement to pay debt service on the Bonds to the extent other funds are not available. See “SOURCES OF PAYMENT FOR THE BONDS — Reserve Fund.” The City will covenant in the Fiscal Agent Agreement to maintain in the Reserve Fund an amount equal to the Reserve Requirement subject, however, to the limitation that the City may not levy the Special Tax in the District in any Fiscal Year at a rate in excess of the maximum amounts permitted under the Rate and Method. In addition, under no circumstances may the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by owner of any other parcel or parcels within the District by more than 10% in any Fiscal Year. As a result, if a significant number of delinquencies occurs, the District could be unable to replenish the Reserve Fund to the Reserve Requirement. If such defaults were to continue in successive years, the Reserve Fund could be depleted and a default on the Bonds could occur. The City will covenant in the Fiscal Agent Agreement that, under certain conditions, it will institute judicial foreclosure proceedings to sell any property with delinquent Special Taxes in order to obtain funds to pay debt service on the Bonds. If foreclosure proceedings were ever instituted, any mortgage or deed of trust holder could, but would not be required to, advance the amount of the delinquent Special Tax to protect its security interest. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales” for provisions which apply in the event of such foreclosure and which the City is required to follow in the event of delinquencies in the payment of the Special Tax. In the event that sales or foreclosures of property are necessary, there could be a delay in payments to owners of the Bonds (if the Reserve Fund has been depleted) pending such sales or the prosecution of such foreclosure proceedings and receipt by the City on behalf of the District of the proceeds of sale. The City may adjust the future Special Tax levied on taxable parcels in the District, subject to the limitation on the maximum Special Tax, to provide an amount required to pay interest on, principal of, and redemption premiums, if any, on the Bonds, and the amount, if any, necessary to replenish the Reserve Fund to an amount equal to the Reserve Requirement and to pay all current expenses. There is, however, no assurance that the total amount of the Special Packet Pg.2119 36 Tax that could be levied and collected against taxable parcels in the District will be at all times sufficient to pay the amounts required to be paid by the Fiscal Agent Agreement, even if the Special Tax is levied at the maximum Special Tax rates. See “Bankruptcy and Foreclosure” below for a discussion of potential delays in foreclosure actions. The Rate and Method governing the levy of the Special Tax expressly exempts property owned by public agencies and other exempt entities in the District. See Section F of APPENDIX A — “RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX.” If for any reason property within the District becomes exempt from taxation by reason of ownership by a non-taxable entity such as the federal government, another public agency or a religious organization, subject to the limitations of the maximum authorized rates, the Special Tax will be reallocated to the remaining taxable properties within the District. This would result in the owners of such property paying a greater amount of the Special Tax and could have an adverse impact upon the ability and willingness of the owners of such property to pay the Special Tax when due. The Act provides that, if any property within the District not otherwise exempt from the Special Tax is acquired by a public entity through a negotiated transaction, or by gift or devise, the Special Tax will continue to be levied on and enforceable against the public entity that acquired the property. In addition, the Act provides that, if property subject to the Special Tax is acquired by a public entity through eminent domain proceedings, the obligation to pay the Special Tax with respect to that property is to be treated as if it were a special assessment and be paid from the eminent domain award. The constitutionality and operation of these provisions of the Act have not been tested in the courts. Due to problems of collecting taxes from public agencies, if a substantial portion of land within the District was to become owned by public agencies, collection of the Special Tax might become more difficult and could result in collections of the Special Tax which might not be sufficient to pay principal of and interest on the Bonds when due and a default could occur with respect to the payment of such principal and interest. Special Tax Delinquencies Under provisions of the Act, the Special Taxes, from which funds necessary for the payment of principal of, and interest on, the Bonds are derived, are customarily billed to the properties within the District on the ad valorem property tax bills sent to owners of such properties. The Act currently provides that such Special Tax installments are due and payable, and bear the same penalties and interest for non-payment, as do ad valorem property tax installments. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales,” for a discussion of the provisions which apply, and procedures which the City is obligated to follow under the Fiscal Agent Agreement, in the event of delinquencies in the payment of Special Taxes. See “RISK FACTORS — FDIC/Federal Government Interests in Properties” below, for a discussion of the policy of the Federal Deposit Insurance Corporation (the “FDIC”) regarding the payment of special taxes and assessment and limitations on the City’s ability to foreclose on the lien of the Special Taxes in certain circumstances where property within the District is owned by the federal government, agencies of the federal government, or, possibly, government sponsored enterprises such as Federal National Mortgage Association (“Fannie Mae”) and Federal Home Loan Mortgage Corporation (“Freddie Mac”). The City has the authority and the obligation, subject to the Act and the maximum Special Tax rates set forth in the Rate and Method, to increase the levy of Special Taxes against non-delinquent property owners in the District in the event other owners in the District are delinquent. Pursuant to the Rate and Method and the Act, under no circumstances may the Special Tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by owner of any other parcel or parcels within the District by more than 10% in any Fiscal Year. Thus, the City may not be able to increase Special Tax levies in future Fiscal Years by enough to make up for delinquencies for prior Fiscal Years. This would result in draws on the Reserve Fund, and if delinquencies continue and in the aggregate exceed the Reserve Fund balance, defaults would occur in the payment of principal and interest on the Bonds. Packet Pg.2120 37 Although the City will covenant in the Fiscal Agent Agreement to commence and diligently pursue foreclosure under the circumstances described under the caption “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales,” foreclosure delays may occur under the circumstances described under the caption “RISK FACTORS — Bankruptcy and Foreclosure.” Delinquencies may result as a consequence of many factors. See “RISK FACTORS,” generally, for a discussion of certain potential causes of delinquencies. Climate Change According to the California Climate Change Fourth Assessment for the Inland Desert Regions, which was published in 2018, the region covering the City, the region will continue to experience, among other things, (a) extremely high maximum temperatures, (b) increased energy needs for cooling to compensate for a rise in temperatures, and (c) increased water stress in an already water-limited region. Such climate change risks may exacerbate the impact of natural disasters listed above. See “- Natural Disasters.” Natural Disasters The District, like all California communities, may be subject to unpredictable seismic activity, fires, flood, or other natural disasters. Southern California is a seismically active area. On June 4, 2020, there was a 5.5 magnitude earthquake in the in Searless Valley, California in the County of San Bernardino. The City is located between several active fault zones including: the San Andreas Fault, the San Jacinto Fault, the Glen Helen Fault and the Loma Linda Fault. Seismic activity represents a potential risk for damage to buildings, roads, bridges and property within the District. In addition, land susceptible to seismic activity may be subject to liquefaction during the occurrence of such event. The District is not located within an earthquake fault zone. 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. In August 2021, there was a fire north of Glen Helen Parkway, east of Sierra Avenue and Lytle Creek Road, west of the 15 Freeway in San Bernardino County and approximately 15 minutes from the District that burned 819 acres. In September of 2021, there was another fire in the City of San Bernardino near the I-215 Freeway and University Parkway that burned 71 acres. The District is not located in an area which the Department of Forestry and Fire Protection of the State of California has designated as a very high fire hazard severity zone. However, there is a risk of residential property within the District being destroyed by wildfires and no assurance can be given as to the severity or frequency of wildfires within the vicinity of the District. In the event of a severe earthquake, fire, flood or other natural disaster, there may be significant damage to both property and infrastructure in the District. As a result, a substantial portion of the property owners may be unable or unwilling to pay the Special Taxes when due. In addition, the value of land in the District could be diminished in the aftermath of such a natural disaster, reducing the resulting proceeds of foreclosure sales in the event of delinquencies in the payment of the Special Taxes. Drought From time to time, areas of the State have experienced significant drought conditions that resulted in severe impacts to water supplies and restrictions on water use. On July 8, 2021, Governor Newsom issued Executive Order No. 10-21, which declared a drought state of emergency in 50 counties in northern and central California (including the County) and requested that all water users voluntarily reduce water use by fifteen percent (15%). On October 19, 2021, the Governor extended the declaration to include the remaining counties, such that the drought state of emergency is in effect Statewide. At the end of March 2022, following the driest first three months of a year in the state’s recorded history, Governor Newsom signed an executive order calling on local water suppliers to move to Level 2 of their Water Shortage Contingency Plans, which require locally-appropriate Packet Pg.2121 38 actions that will conserve water across all sectors, and directed the State Water Resources Control Board to consider a ban on the watering of decorative grass at businesses and institutions. The State Water Resources Control Board voted unanimously On May 24, 2022, to implement a statewide ban on watering of non-functional turf in the commercial, industrial, and institutional sectors, as well as regulations requiring local agencies to implement water use restrictions amid the possibility that water supplies may be up to 20% lower due to extreme weather. In the last ten years, the per capita water use in the system has been reduced due to conservation measures. An increase in drought conditions could lead to wildfires which may cause damage within the District. See “-Natural Disasters” above. Wind According to the Safety Element of the City’s General Plan, the City is subject to extremely high winds, which have resulted in significant property damage. For example, portions of roofs and block walls have been broken and blown away and public utility structures such as power lines and traffic signals have been damaged. The most significant wind problems occur at the canyon mouths and valleys extending downslope from the San Bernardino Mountains. The highest velocities are associated with downslope canyon and Santa Ana winds (90- 100 mph). Santa Ana wind conditions are a reversal of the prevailing southwesterly winds and usually occur on a region-wide basis during late summer and early fall. Santa Ana winds are dry, warm winds that flow from the higher desert elevations in the north through the mountain passes and canyons. Of the major fires in the San Bernardino Mountains, all have occurred during periods of high winds. The high wind velocity and property damage potential have resulted in the northern half of the City adjacent to the mountains being classified by the City as a “High Wind Area.” In this area of the City, stringent conditions for the construction of buildings and public facilities are applied. Hazardous Substances The presence of hazardous substances on a parcel may result in a reduction in the value of a parcel. In general, the owners and operators of a parcel may be required by law to remedy conditions of the parcel relating to releases or threatened releases of hazardous substances. The Federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, sometimes referred to as “CERCLA” or the “Superfund Act,” is the most well-known and widely applicable of these laws, but California laws with regard to hazardous substances are also stringent and similar. Under many of these laws, the owner or operator is obligated to remedy a hazardous substance condition of property whether or not the owner or operator has anything to do with creating or handling the hazardous substance. The effect, therefore, should any of the taxed parcels be affected by a hazardous substance, is to reduce the marketability and value of the parcel by the costs of remedying the condition, because the purchaser, upon becoming owner, will become obligated to remedy the condition just as is the seller. Further, it is possible that liabilities may arise in the future with respect to any of the parcels resulting from the existence, currently, on the parcel of a substance presently classified as hazardous but which has not been released or the release of which is not presently threatened, or may arise in the future resulting from the existence, currently on the parcel of a substance not presently classified as hazardous but which may in the future be so classified. Further, such liabilities may arise not simply from the existence of a hazardous substance but from the method of handling it. All of these possibilities could significantly affect the value of a parcel that is realizable upon a delinquency and the willingness or ability of the owner of any parcel to pay the Special Tax Installments. The value of the taxable property within the District, as set forth in the various tables in this Official Statement, does not reflect the presence of any hazardous substance or the possible liability of the owner (or operator) for the remedy of a hazardous substance condition of the property. The City has not independently verified, but is not aware, that any owner (or operator) of any of the parcels within the District has such a current liability with respect to any such parcel. However, it is possible that such liabilities do currently exist and that the District is not aware of them. Packet Pg.2122 39 Parity Taxes and Special Assessments Property within the District is subject to taxes imposed by public agencies also having jurisdiction over the land within the District. See “THE DISTRICT — Estimated Direct and Overlapping Indebtedness.” The Special Taxes and any related penalties will constitute a lien against the lots and parcels of land on which they will be annually imposed until they are paid. Such lien is on a parity with all special taxes and special assessments levied by the City and other agencies and is co-equal to and independent of the lien for general property taxes regardless of when they are imposed upon the same property. The Special Taxes have priority over all existing and future private liens imposed on the property except, possibly, for liens or security interests held by the Federal Deposit Insurance Corporation. See “RISK FACTORS — Bankruptcy and Foreclosure” below. The City has no control over the ability of other entities and districts to issue indebtedness secured by special taxes, ad valorem taxes or assessments payable from all or a portion of the property within the District. In addition, the landowners within the District may, without the consent or knowledge of the City, petition other public agencies to issue public indebtedness secured by special taxes, ad valorem taxes or assessments. Any such special taxes, ad valorem taxes or assessments may have a lien on such property on a parity with the Special Taxes and could reduce the estimated value-to-lien ratios for property within the District described in this Official Statement. See “SOURCES OF PAYMENT FOR BONDS” and “THE DISTRICT — Estimated Direct and Overlapping Indebtedness.” Disclosures to Future Purchasers The willingness or ability of an owner of a parcel to pay the Special Tax even if the value of the parcel is sufficient may be affected by whether or not the owner was given due notice of the Special Tax authorization at the time the owner purchased the parcel, was informed of the amount of the Special Tax on the parcel should the Special Tax be levied at the maximum tax rate and the risk of such a levy, and, at the time of such a levy, has the ability to pay it as well as pay other expenses and obligations. The City has caused the Notice of Special Tax Lien to be recorded in the Office of the Recorder for the County against each parcel. While title companies normally refer to such notices in title reports, there can be no guarantee that such reference will be made or, if made, that a prospective purchaser or lender will consider such Special Tax obligation in the purchase of a property within the District or lending of money thereon. The Act requires the subdivider (or its agent or representative) of a subdivision to notify a prospective purchaser or long-term lessor of any lot, parcel, or unit subject to a Mello-Roos special tax of the existence and maximum amount of such special tax using a statutorily prescribed form. California Civil Code Section 1102.6b requires that in the case of transfers other than those covered by the above requirement, the seller must at least make a good faith effort to notify the prospective purchaser of the special tax lien in a format prescribed by statute. Failure by an owner of the property to comply with the above requirements, or failure by a purchaser or lessor to consider or understand the nature and existence of the Special Tax, could adversely affect the willingness and ability of the purchaser or lessor to pay the Special Tax when due. Non-Cash Payments of Special Taxes Under the Act, the City Council as the legislative body of the District may reserve to itself the right and authority to allow the owner of any taxable parcel to tender a Bond in full or partial payment of any installment of the Special Taxes or the interest or penalties thereon. A Bond so tendered is to be accepted at par and credit is to be given for any interest accrued thereon to the date of the tender. Thus, if Bonds can be purchased in the secondary market at a discount, it may be to the advantage of an owner of a taxable parcel to pay the Special Taxes applicable thereto by tendering a Bond. Such a practice would decrease the cash flow available to the City to make payments with respect to other Bonds then outstanding; and, unless the practice was limited by the City, the Special Taxes paid in cash could be insufficient to pay the debt service due with respect to such other Bonds. Packet Pg.2123 40 In order to provide some protection against the potential adverse impact on cash flows which might be caused by the tender of Bonds in payment of Special Taxes, the Fiscal Agent Agreement includes a covenant pursuant to which the City will not authorize owners of taxable parcels to satisfy Special Tax obligations by the tender of Bonds unless the City shall have first obtained a report of an Independent Financial Consultant certifying that doing so would not result in the City having insufficient Special Tax Revenues to pay the principal of and interest on all Outstanding Bonds when due. Payment of the Special Tax Is Not a Personal Obligation of the Owners An owner of a taxable parcel is not personally obligated to pay the Special Tax. Rather, the Special Tax is an obligation which is secured only by a lien against the taxable parcel. If the value of a taxable parcel is not sufficient, taking into account other liens imposed by public agencies, to secure fully the Special Tax, the City has no recourse against the owner. Concentration of Ownership Based on development and ownership status as of May 1, 2022, the Developer and individual homeowners are expected to be responsible for approximately 55.46% and 44.54% of the projected Fiscal Year 2022-23 Special Tax levy, respectively. The timely payment of principal of and interest on the Bonds depends upon the willingness and ability of the current and future property owners in the District to pay the Special Taxes prior to delinquency. General and local economic conditions and governmental requirements or restrictions may affect the willingness of the current property owners, or any successor property owners, to pay the Special Taxes, and there is no assurance that the current property owners, or any successor property owners, will pay such Special Taxes even if financially able to do so. Due to the concentration of ownership of the property within the District, a failure by the Developer or any successor property owner thereto to pay the Special Taxes may result in a default in the payment of debt service on the Bonds. See “THE DISTRICT – The Developer.” Land Values The value of the property within the District is a critical factor in determining the investment quality of the Bonds. If a property owner is delinquent in the payment of Special Taxes, the District’s only remedy is to commence foreclosure proceedings against the delinquent parcel in an attempt to obtain funds to pay the Special Taxes. Reductions in property values due to a downturn in the economy, physical events such as earthquakes, fires or floods, stricter land use regulations, delays in development or other events will adversely impact the security underlying the Special Taxes. See “THE DISTRICT — Appraisal Report” and APPENDIX B — “APPRAISAL REPORT.” The Appraiser has estimated, on the basis of certain assumptions and limiting conditions contained in the Appraisal Report, that as of the Date of Value, the minimum market value of the property within the District was $47,976,884. See “THE DISTRICT — Appraisal Report.” The Appraisal Report indicates the Appraiser’s opinion as to the minimum market value of the properties referred to therein as of the date and under the conditions specified therein. The Appraiser’s opinion reflects conditions prevailing in the applicable market as of the Date of Value. The Appraiser’s opinion does not predict the future value of the subject property, and there can be no assurance that market conditions will not change adversely in the future. Prospective purchasers of the Bonds should not assume that the taxable land within the District could be sold for the appraised amount at a foreclosure sale for delinquent Special Taxes. In arriving at the estimate of market value, the Appraiser assumes that any sale will be unaffected by undue stimulus and will occur following a reasonable marketing period, which is not always present in a foreclosure sale. See APPENDIX B for a description of other assumptions made by the Appraiser and for the definitions and limiting conditions used by the Appraiser. Any event which causes one of the Appraiser’s assumptions to be untrue could result in a reduction Packet Pg.2124 41 of the value of the taxable land and improvements within the District from the market value estimated by the Appraiser. No assurance can be given that any bid will be received for a parcel with delinquent Special Taxes offered for sale at foreclosure or, if a bid is received, that such bid will be sufficient to pay all delinquent Special Taxes. See “SOURCES OF PAYMENT FOR THE BONDS — Special Taxes — Proceeds of Foreclosure Sales.” Increasing Mortgage Interest Rates Between approximately November 2021 and July 2022, mortgage interest rates for 30-year loans have increased from approximately 3.1% to 5.0%. Mortgage interest rates are expected to continue to increase in the near term. Increases in mortgage interest rates could have a negative impact on the sale of the remaining homes in the District described herein. With respect to entry-level households, increased mortgage interest rates may adversely impact the affordability of homes and may increase mortgage payment levels for owning a lower-priced home relative to renting a residence, thereby making purchasing less attractive. With respect to move-up households, higher mortgage interest rates may impact the desire of current homeowners to move from their present home due to the fact that their present home likely has a relatively low mortgage interest rate. In addition, the new home would likely have a higher interest rate on a new mortgage loan as well as a higher purchase price and property taxes. Such considerations may decrease the desire for move-up households to purchase a new home. The foregoing factors could reduce demand for and/or the ability to achieve the sales prices of the remaining homes to be sold within the District as described herein. FDIC/Federal Government Interests in Properties The ability of the City to foreclose the lien of delinquent unpaid Special Tax installments may be limited with regard to properties in which the FDIC, the Drug Enforcement Agency, the Internal Revenue Service, or other federal agency has or obtains an interest. Federal courts have held that, based on the supremacy clause of the United States Constitution, in the absence of Congressional intent to the contrary, a state or local agency cannot foreclose to collect delinquent taxes or assessments if foreclosure would impair the federal government interest. The supremacy clause of the United States Constitution reads as follows: “This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.” This means that, unless Congress has otherwise provided, if a federal governmental entity owns a parcel that is subject to Special Taxes within the District but does not pay taxes and assessments levied on the parcel (including Special Taxes), the applicable state and local governments cannot foreclose on the parcel to collect the delinquent taxes and assessments. Moreover, unless Congress has otherwise provided, if the federal government has a mortgage interest in the parcel and the City wishes to foreclose on the parcel as a result of delinquent Special Taxes, the property cannot be sold at a foreclosure sale unless it can be sold for an amount sufficient to pay delinquent taxes and assessments on parity with the Special Taxes and preserve the federal government’s mortgage interest. In Rust v. Johnson (9th Circuit; 1979) 597 F.2d 174, the United States Court of Appeal, Ninth Circuit held that the Federal National Mortgage Association (“FNMA”) is a federal instrumentality for purposes of this doctrine, and not a private entity, and that, as a result, an exercise of state power over a mortgage interest held by FNMA constitutes an exercise of state power over property of the United States. Packet Pg.2125 42 Bankruptcy and Foreclosure The payment of the Special Tax and the ability of the City to foreclose the lien of a delinquent unpaid tax may be limited by bankruptcy, insolvency or other laws generally affecting creditors’ rights or by the laws of the State of California relating to judicial foreclosure. The various legal opinions to be delivered concurrently with the delivery of the Bonds (including Bond Counsel’s approving legal opinion) will be qualified as to the enforceability of the various legal instruments by bankruptcy, insolvency, reorganization, moratorium and other similar laws affecting creditors’ rights, by the application of equitable principles and by the exercise of judicial discretion in appropriate cases. Although bankruptcy proceedings would not cause the Special Taxes to become extinguished, bankruptcy of a property owner could result in a delay in prosecuting superior court foreclosure proceedings and could result in the possibility of delinquent Special Tax installments not being paid in full. Such a delay would increase the likelihood of a delay or default in payment of the principal of and interest on the Bonds. To the extent that property in the District continues to be owned by a limited number of property owners, the chances are increased that the Reserve Fund could be fully depleted during any such delay in obtaining payment of delinquent Special Taxes. As a result, sufficient moneys would not be available in the Reserve Fund for transfer to the Debt Service Fund or the Redemption Fund to make up shortfalls resulting from delinquent payments of the Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis. To the extent that bankruptcy or similar proceedings were to involve a large property owner, the chances would increase the likelihood that the Reserve Fund could be fully depleted during any resulting delay in receiving payment of delinquent Special Taxes. As a result, sufficient monies would not be available in the Reserve Fund for transfer to the Redemption Fund to make up any shortfalls resulting from delinquent payments of the Special Tax and thereby to pay principal of and interest on the Bonds on a timely basis. On July 30, 1992, the United States Court of Appeals for the Ninth Circuit issued its opinion in a bankruptcy case entitled In re Glasply Marine Industries. In that case, the court held that ad valorem property taxes levied by Snohomish County in the State of Washington after the date that the property owner filed a petition for bankruptcy were not entitled to priority over a secured creditor with a prior lien on that property. The court upheld the priority of unpaid ad valorem property taxes imposed before the bankruptcy petition (the “pre-petition taxes”), but unpaid taxes imposed after the filing of the bankruptcy petition (“post-petition taxes”) were declared to be unsecured “administrative expenses” of the bankruptcy estate, and were therefore held to be payable from the bankruptcy estate only after payment of all secured creditors. As a result, the secured creditor of the property was able to foreclose on the property and retain all of the proceeds of the sale except for the amount of the pre- petition taxes. According to the court’s ruling, as administrative expenses, post-petition taxes would have to be paid, but only if the debtor had sufficient assets not subject to other perfected security interests to do so. In certain circumstances, payment of such administrative expenses may also be allowed to be deferred. Once the property is transferred out of the bankruptcy estate (through foreclosure or otherwise) it would at that time again become subject to and would secure liens for then current and future ad valorem property taxes. Glasply was controlling precedent on bankruptcy courts in the State of California for several years subsequent to the date of the Ninth Circuit’s holding. Pursuant to state law, the lien date for general ad valorem property taxes levied in the State of California is the January 1 preceding the Fiscal Year for which the taxes are levied. Under the Glasply holding, a bankruptcy petition filing would have prevented the lien for general ad valorem property taxes levied in Fiscal Years subsequent to the filing of a bankruptcy petition from attaching and becoming a lien so long as the property was a part of the estate in bankruptcy. However, the Glasply holding was for the most part subsequently rendered inoperative with respect to the imposition of a lien for and the collection of ad valorem property taxes by amendments to the federal Bankruptcy Code (Title 11 U.S.C.) which were part of the Bankruptcy Reform Act of 1994 (the “Bankruptcy Reform Act”) passed by Congress during the latter part of 1994. The Bankruptcy Reform Act added a provision to the automatic stay section of the Bankruptcy Code Packet Pg.2126 43 which, pursuant to Section 362(b)(18) thereof, excepts from the Bankruptcy Code’s automatic stay provisions, “the creation of a statutory lien for an ad valorem property tax imposed by . . . a political subdivision of a state, if such tax comes due after the filing of the petition” by a debtor in bankruptcy court. The effect of this provision is to continue the secured interest of ad valorem taxes on real property (i.e., post-petition taxes) in effect during the period following the filing of a bankruptcy petition, including during the period bankruptcy proceedings are pending. Without further clarification by the courts or Congress, the original rationale of the Glasply holding could, however, still result in the treatment of post-petition special taxes as “administrative expenses,” rather than as tax liens secured by real property, at least during the pendency of bankruptcy proceedings. This treatment might result from the fact that, although the lien of special taxes is of record from the date of the filing of a Notice of Special Tax Lien, the actual special tax is levied annually. As noted above, special taxes have a different lien date than the lien date for general ad valorem property taxes in the State of California noted above. The lien of a Mello- Roos special tax attaches upon recordation of the notice of the special tax lien, as provided for in Section 53328.3 of the Act, as opposed to the annual January 1 lien date for general ad valorem property taxes. Thus, in deciding whether the original Glasply ruling is applicable to a bankruptcy proceeding involving special taxes rather than general ad valorem property taxes, a court might consider the differences in the statutory provisions for creation of the applicable tax lien (general ad valorem or special tax) in determining whether there is a basis for post- petition special taxes to be entitled to a lien on the property during pending bankruptcy proceedings. If a court were to apply Glasply to eliminate the priority of the special tax lien as a secured claim against property with respect to post-petition levies of the Special Taxes made against property owners within the District who file for bankruptcy, collections of the Special Taxes from such property owners could be reduced as the result of being treated as “administrative expenses” of the bankruptcy estate. Also, and most importantly, is the fact that the original holding in Glasply and the mitigation of that holding by the Bankruptcy Reform Act of 1994 both appear to be applicable only to general ad valorem property taxes, and, therefore, the exemption from the automatic stay in Section 362(b)(18) discussed above may not be applicable to special taxes since they were not expressly mentioned or provided for in this section, nor defined to be included within the term “ad valorem property taxes.” No Acceleration Provision The Bonds do not contain a provision allowing for the acceleration of the Bonds in the event of a payment default or in the event interest on the Bonds becomes included in gross income for federal income tax purposes. See “— Limitations on Remedies” below. Loss of Tax Exemption As discussed under the caption “LEGAL MATTERS — Tax Exemption,” the interest on the Bonds could become includable in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds as a result of a failure of the City to comply with certain provisions of the Code. Such an event of taxability would not in and of itself result in an early redemption of the Bonds and the Bonds will remain outstanding to maturity or until redeemed under the redemption provisions of the Fiscal Agent Agreement. Limitations on Remedies Remedies available to the owners of the Bonds may be limited by a variety of factors and may be inadequate to assure the timely payment of principal of and interest on the Bonds or to preserve the tax-exempt status of the Bonds. Bond Counsel has limited its opinion as to the enforceability of the Bonds and of the Fiscal Agent Agreement to the extent that enforceability may be limited by bankruptcy, insolvency, reorganization, fraudulent conveyance or transfer, moratorium, or other similar laws affecting generally the enforcement of creditors’ rights, by equitable principles and by the exercise of judicial discretion. The lack of availability of certain remedies or Packet Pg.2127 44 the limitation of remedies may entail risks of delay, limitation or modification of the rights of the owners of the Bonds. Limited Secondary Market There can be no guarantee that there will be a secondary market for the Bonds or, if a secondary market exists, that such Bonds can be sold for any particular price. Although the City has committed to provide certain financial and operating information on an annual basis, there can be no assurance that such information will be available to Bond owners on a timely basis. See “CONTINUING DISCLOSURE.” The failure to provide the required annual financial information does not give rise to monetary damages but merely an action for specific performance. Occasionally, because of general market conditions, lack of current information, or because of adverse history or economic prospects connected with a particular issue, secondary marketing practices in connection with a particular issue are suspended or terminated. Additionally, prices of issues for which a market is being made will depend upon then prevailing circumstances. Such prices could be substantially different from the original purchase price. Voter Initiatives Under the California Constitution, the power of initiative is reserved to the voters for the purpose of enacting statutes and constitutional amendments. Since 1978, the voters have exercised this power through the adoption of Proposition 13 and similar measures, including Proposition 218, which was approved in the general election held on November 5, 1996, and Proposition 26, which was approved on November 2, 2010. Any such initiative may affect the collection of fees, taxes and other types of revenue by local agencies such as the City. Subject to overriding federal constitutional principles, such collection may be materially and adversely affected by voter-approved initiatives, possibly to the extent of creating cash-flow problems in the payment of outstanding obligations such as the Bonds. Proposition 218 —Voter Approval for Local Government Taxes — Limitation on Fees, Assessments, and Charges — Initiative Constitutional Amendment, added Articles XIIIC and XIIID to the California Constitution, imposing certain vote requirements and other limitations on the imposition of new or increased taxes, assessments and property-related fees and charges. On November 2, 2010, California voters approved Proposition 26, entitled the “Supermajority Vote to Pass New Taxes and Fees Act.” Section 1 of Proposition 26 declares that Proposition 26 is intended to limit the ability of the State Legislature and local government to circumvent existing restrictions on increasing taxes by defining the new or expanded taxes as “fees.” Proposition 26 amended Articles XIIIA and XIIIC of the State Constitution. The amendments to Article XIIIA limit the ability of the State Legislature to impose higher taxes (as defined in Proposition 26) without a two-thirds vote of the Legislature. Article XIIIC requires that all new local taxes be submitted to the electorate before they become effective. Taxes for general governmental purposes require a majority vote and taxes for specific purposes (“special taxes”) require a two-thirds vote. The Special Taxes and the issuance of special tax bonds of the City for the District were each authorized by not less than a two-thirds vote of the landowners within the District who constituted the qualified electors at the time of such voted authorization. The City believes, therefore, that issuance of the Bonds does not require the conduct of further proceedings under the Mello-Roos Act, Proposition 218 or Proposition 26. Like their antecedents, Proposition 218 and Proposition 26 are likely to undergo both judicial and legislative scrutiny before the impact on the City and the District can be determined. Certain provisions of Proposition 218 and Proposition 26 may be examined by the courts for their constitutionality under both State and federal constitutional law, the outcome of which cannot be predicted. Packet Pg.2128 45 IRS Audit of Tax-Exempt Bond Issues The Internal Revenue Service has initiated an expanded program for the auditing of tax-exempt bond issues, including both random and targeted audits. It is possible that the Bonds will be selected for audit by the Internal Revenue Service. It is also possible that the market value of the Bonds might be affected as a result of such an audit of the Bonds (or by an audit of similar bonds). Ballot Initiatives From time to time, initiative measures qualify for the State ballot pursuant to the State’s constitutional initiative process, and those measures could be adopted by California voters. The adoption of any such initiative might place limitations on the ability of the State, the County or other local districts to increase revenues or to increase appropriations or on the ability of the landowners to complete the development of land in the District. See “–Voter Initiatives” below. Recent Case Law Related to the Mello-Roos Act On August 1, 2014, the California Court of Appeal, Fourth Appellate District, issued its opinion in City of San Diego v. Melvin Shapiro, et al. (D063997). The case involved a Convention Center Facilities District (the “CCFD”) established by the City of San Diego. The CCFD is a financing district established under its City of San Diego charter (the “Charter”) and was intended to function much like a community facilities district established under the Mello-Roos Act. The CCFD was comprised of all of the real property in the entire City of San Diego. However, the CCFD special tax was to be levied only on properties in the CCFD that were improved with a hotel. At the election to authorize the CCFD special tax, the CCFD proceedings limited the electorate to owners of hotel properties and lessees of real property owned by a governmental entity on which a hotel was located. Registered voters in the City of San Diego were not permitted to vote. This definition of the qualified electors of the CCFD was based on Section 53326(c) of the Mello-Roos Act, which generally provides that, if a special tax will not be apportioned in any tax year on residential property, the legislative body may provide that the vote shall be by the landowners of the proposed community facilities district whose property would be subject to the special tax. The San Diego Court held that the CCFD special tax election did not comply with the City of San Diego’s Charter and with applicable provisions of the California Constitution -- specifically Article XIIIA, section 4 (“Cities, Counties and special districts, by a two-thirds vote of the qualified electors of such district, may impose special taxes on such district....”) and Article XIIIC, section 2(d) (“No local government may impose, extend, or increase any special tax unless and until that tax is submitted to the electorate and approved by a two-thirds vote.”) -- because the electors in the CCFD election should have been the registered voters residing within the CCFD (the boundaries of which were coterminous with the boundaries of the City of San Diego). As to the District, there were no registered voters within the District at the time of the election to authorize the Special Taxes. Significantly, the San Diego Court expressly stated that it was not addressing the validity of a landowner election to impose special taxes on residential property pursuant to the Mello-Roos Act in situations where there are fewer than 12 registered voters. Therefore, by its terms, the San Diego Court’s holding does not apply to the special tax election in the District. Moreover, Sections 53341 and 53359 of the Act establish a limited period of time in which special taxes levied under the Mello-Roos Act may be challenged by a third party: 53341. Any action or proceeding to attack, review, set aside, void, or annul the levy of a special tax or an increase in a special tax pursuant to [the Mello-Roos Act] shall be commenced within 30 days after the special tax is approved by the voters.... Packet Pg.2129 46 53359. An action to determine the validity of bonds issued pursuant to [the Mello-Roos Act] or the validity of any special taxes levied pursuant to [the Mello-Roos Act] ... shall .... be commenced within 30 days after the voters approve the issuance of the bonds or the special tax ... Section 53326(b) of the Mello-Roos Act defines the authorized voters for an election in which the special taxes will be levied on residential property: “Except as otherwise provided in subdivision (c), if at least 12 persons, who need not necessarily be the same 12 persons, have been registered to vote within the territory of the proposed community facilities district for each of the 90 days preceding the close of the protest hearing, the vote shall be by the registered voters of the proposed district, with each voter having one vote. Otherwise, the vote shall be by the landowners of the proposed district and each person who is the owner of land at the close of the protest hearing, or the authorized representative thereof, shall have one vote for each acre or portion of an acre of land that he or she owns within the proposed community facilities district not exempt from the special tax....” Landowner voters approved the Special Taxes and the issuance of bonds for the District in compliance with all applicable requirements of the Mello-Roos Act in 2020. Therefore, pursuant to Sections 53341 and 53359 of the Mello-Roos Act, the statute of limitations period to challenge the validity of the special tax has expired. Because the San Diego Court expressly stated that it did not consider the facts presented by the District and because the period for challenging the Special Taxes has passed, the City believes the Special Taxes are valid and cannot be challenged. Potential Early Redemption of Bonds from Prepayments or Assessment Bond Proceeds Property owners within the District, including the Developer and any individual property owner, are permitted to prepay their Special Taxes at any time. Such prepayments could also be made from the proceeds of bonds issued by or on behalf of an overlapping special assessment district or community facilities district. Such prepayments will result in a redemption of the Bonds on the Interest Payment Date for which timely notice may be given under the Fiscal Agent Agreement following the receipt of the prepayment. The resulting redemption of Bonds that were purchased at a price greater than par could reduce the otherwise expected yield on such Bonds. See the caption “THE BONDS — Redemption.” Legal Requirements Other events that may affect the value of a parcel include changes in the law or application of the law. Such changes may include, without limitation, local growth control initiatives, local utility connection moratoriums and local application of statewide tax and governmental spending limitation measures. Development in the District may also be adversely affected by the application of laws protecting endangered or threatened species. COVID-19 Outbreak The spread of the COVID-19 pandemic is impacting governments, businesses and people in a manner that is having negative effects on global and local economies. In addition, financial markets in the U.S. and globally have seen significant declines and volatility attributed to coronavirus concerns. The COVID-19 pandemic is ongoing, and the ultimate geographic spread of the virus, the duration and severity of the outbreak, and the economic and other actions that may be taken by governmental authorities to contain the outbreak or to treat its impact are uncertain. However, the impact of the COVID-19 outbreak could adversely impact development within the District, including, but not limited to one or more of the following ways: (a) potential supply chain slowdowns or shutdowns resulting from the unavailability of workers in locations producing construction materials; (b) slowdowns or shutdowns of local governmental agencies in providing governmental permits, inspections, title and document recordation, and other services and activities associated with real estate development; (c) delays in construction where one or more members of the workforce becomes infected with COVID-19; (d) continued extreme fluctuations in the financial markets and contraction in available liquidity; (e) extensive job losses and declines in business activity across important sectors of the economy; (f) declines in Packet Pg.2130 47 business and consumer confidence that negatively impact economic conditions or cause an economic recession; (g) the failure of government measures to stabilize the financial sector and introduce fiscal stimulus to counteract the economic impact of the pandemic; (h) delays in sales or fewer sales due to lower traffic at model home complexes and real estate offices; and (i) delays in sales, or cancellations, due to mortgage lending issues. There can be no assurances that the spread of COVID-19 and/or responses intended to slow the spread of COVID-19 such as declining travel and business activity, will not materially adversely impact the state and national economies and, accordingly, materially adversely impact the financial condition of the City. The ultimate geographic spread of the virus, the duration and severity of the outbreak, and the economic and other actions that may be taken by governmental authorities to contain the outbreak or to treat its impact are uncertain. The ultimate adverse impact of COVID-19 on the City, the District, the Developer’s operations and finances, homebuyers’ willingness and ability to pay Special Taxes when due, and the real estate market in general is unknown. Cyber Security The City, like many other public and private entities, relies on computer and other digital networks and systems to conduct its operations. As a recipient and provider of personal, private or other sensitive electronic information, the City is potentially subject to multiple cyber threats, including without limitation hacking, viruses, ransomware, malware and other attacks. To date, the City has not experienced a material threat to its computer operating system. However, no assurance can be given that the City’s efforts to manage cyber threats and attacks will be successful in all cases, or that any such attack will not materially impact the operations or finances of the City or the District, or the administration of the Bonds. The City is also reliant on other entities and service providers in connection with the administration of Bonds, including without limitation the County tax collector for the levy and collection of Special Taxes, the Fiscal Agent, and the dissemination agent. No assurance can be given that the City and these other entities will not be affected by cyber threats and attacks in a manner that may affect the Bond Owners. CONTINUING DISCLOSURE City Continuing Disclosure Pursuant to the City Continuing Disclosure Certificate, the City will agree to provide, or cause to be provided, to the EMMA system of the Municipal Securities Rulemaking Board, which can be found on the Internet at www.emma.msrb.org, on an annual basis certain financial information and operating data concerning the District. This covenant is being made by the City in order to assist the Underwriter in complying with the Rule. The City and its related entities have previously entered into continuing disclosure undertakings under the Rule in connection with the issuance of municipal obligations. The City is late in filing its continuing disclosure obligations for Fiscal Year 2020-21 for the City of San Bernardino Taxable Pension Obligation Bonds, 2020 Series A. [As of the date of this Official Statement, the City has made corrective filings and provided the requested information.] Developer Continuing Disclosure Although the Developer is not considered to be an obligated person under the Rule, the Developer has agreed to enter into a Developer Continuing Disclosure Certificate in connection with the issuance of the Bonds, pursuant to which it will provide semi-annual reports containing updated information with respect to the development within the District. Pursuant to the Developer Continuing Disclosure Certificate, the Developer will provide semi-annual reports not later than April 1 and September 30 of each year beginning April 1, 2023, until satisfaction of certain conditions set forth in the Developer Continuing Disclosure Certificate. The semi-annual reports to be provided by the Developer will contain updates regarding the development within the District as outlined in Section 4 of the Developer Continuing Disclosure Certificate attached as APPENDIX E. In addition Packet Pg.2131 48 to its semi-annual reports, the Developer will agree to provide notices of certain events set forth in the Developer Continuing Disclosure Certificate. The Developer’s obligations under the Developer Continuing Disclosure Certificate will terminate upon the earliest to occur of: (a) the legal defeasance, prior redemption or payment in full of all of the Bonds, or (b) if, at any time, the Developer and its Affiliates (as defined in the Developer Continuing Disclosure Certificate), collectively, own fewer than 24 lots within the District. None of the District, the City or the Fiscal Agent is a party to the Developer Continuing Disclosure Certificate, and none of the District, the City or the Fiscal Agent has any obligation or responsibility to monitor, nor any right or obligation to enforce, compliance by the Developer with its undertaking pursuant to the Developer Continuing Disclosure Certificate, and none of the District, the City or the Fiscal Agent will be so monitoring or enforcing such compliance. Developer Continuing Disclosure Compliance. This is the first continuing disclosure undertaking by the Developer with respect to community facilities districts or assessment districts in California within the past five years. LEGAL MATTERS Tax Exemption In the opinion of Best Best & Krieger LLP, Riverside California, Bond Counsel, under existing statutes, regulations, rulings and judicial decisions, interest on the Bonds is excluded from gross income for federal income tax purposes. In the further opinion of Bond Counsel, interest on the Bonds is exempt from State of California personal income tax. Bond Counsel notes that interest on the Bonds is not an item of tax preference for purposes of calculating the federal alternative minimum tax. Bond Counsel’s opinion as to the exclusion from gross income for federal income tax purposes of interest on the Bonds is based upon certain representations of fact and certifications made by the City, on behalf of the District, the Underwriter and others and is subject to the condition that the City complies with all requirements of the Code and the regulations adopted pursuant to the Code (the “Treasury Regulations”) that must be satisfied subsequent to the issuance of the Bonds to assure that interest on the Bonds will not become includable in gross income for federal income tax purposes. Failure to comply with such requirements of the Code and the Treasury Regulations might cause interest on the Bonds to be included in gross income for federal income tax purposes retroactive to the date of issuance of the Bonds. The City will covenant in the Fiscal Agent Agreement and the Tax Certificate to be delivered in connection with the issuance of the Bonds to comply with all such requirements. Should the interest on the Bonds become includable in gross income for federal income tax purposes, the Bonds are not subject to early redemption as a result of such occurrence and will remain outstanding until maturity or until otherwise redeemed in accordance with the Fiscal Agent Agreement. Future legislative proposals, if enacted into law, clarification of the Code or court decisions may cause interest on the Bonds to be subject, directly or indirectly, to federal income taxation or to be subject to or exempted from state income taxation, or otherwise prevent Bond Owners from realizing the full current benefit of the tax status of such interest. For example, legislative proposals are announced from time to time which generally would limit the exclusion from gross income of interest on obligations like the Bonds to some extent for taxpayers who are individuals and whose income is subject to higher marginal income tax rates. Other proposals have been made that could significantly reduce the benefit of, or otherwise affect, the exclusion from gross income of interest on obligations like the Bonds. The introduction or enactment of any such legislative proposals, clarification of the Code or court decisions may also affect, perhaps significantly, the market price for, or marketability of, the Bonds. Prospective purchasers of the Bonds should consult their own tax advisors regarding any pending or proposed Packet Pg.2132 49 federal or state tax legislation, regulations or litigation, and regarding the impact of future legislation, regulations or litigation, as to which Bond Counsel expresses no opinion. Bond Counsel’s opinion may be affected by action taken (or not taken) or events occurring (or not occurring) after the date of issuance of the Bonds. Bond Counsel has not undertaken to determine, or to inform any person, whether any such action or events are taken or do occur, or whether such actions or events may adversely affect the value or tax treatment of a Bond, and Bond Counsel expresses no opinion with respect thereto. Although Bond Counsel will render an opinion that interest on the Bonds is excluded from gross income for federal income tax purposes provided the City continues to comply with certain requirements of the Code, the accrual or receipt of interest on the Bonds may otherwise affect the tax liability of the recipient. The extent of these other tax consequences will depend upon the recipient’s particular tax status and other items of income or deductions. Bond Counsel expresses no opinion regarding any such consequences. Accordingly, all potential purchasers should consult their tax advisors before purchasing any of the Bonds. A copy of the proposed form of Bond Counsel opinion is attached hereto as APPENDIX F. Legal Opinion The legal opinion of Bond Counsel, approving the validity of the Bonds in substantially the form set forth as APPENDIX F, will be made available to the original purchaser at the time of original delivery. A copy of the legal opinion for the Bonds will be provided with each definitive bond. Certain legal matters will be passed upon for the City and the District by the City Attorney’s Office, and by Best Best & Krieger LLP, Riverside, California, as Disclosure Counsel, and for the Underwriter by Kutak Rock, LLP, Irvine, California, as counsel to the Underwriter. Litigation No litigation is pending or threatened concerning the validity of the Bonds, the pledge of Special Tax Revenues to repay the Bonds, the powers or authority of the City with respect to the Bonds, or seeking to restrain or enjoin development of the land within the District and a certificate of the City to that effect will be furnished to the Underwriter at the time of the original delivery of the Bonds. No Rating The District has not made and does not contemplate making application to any rating agency for the assignment of a rating of the Bonds. Underwriting The Bonds are being purchased by Hilltop Securities Inc. (the “Underwriter”). The Underwriter has agreed to purchase the Bonds at a price of $__________ (being $__________ aggregate principal amount thereof, less Underwriter’s discount of $__________ and plus net original issue premium of $___________). The purchase agreement relating to the Bonds provides that the Underwriter will purchase all of the Bonds if any are purchased. The obligation to make such purchase is subject to certain terms and conditions set forth in such purchase agreement, the approval of certain legal matters by counsel and certain other conditions. Under certain circumstances, the Underwriter may offer and sell the Bonds to certain dealers and others at prices lower or yields greater than the offering prices or yields stated on the inside cover page of this Official Statement. The offering prices or yields may be changed from time to time by the Underwriter. Packet Pg.2133 50 Municipal Advisor The District has retained Columbia Capital Management, LLC, Carlsbad, California, as municipal advisor (the “Municipal Advisor”) for the sale of the Bonds. The Municipal Advisor is not obligated to undertake, and has not undertaken to make, an independent verification or to assume any responsibility for the accuracy, completeness or fairness of the information contained in this Official Statement. The Municipal Advisor, is an independent advisory firm and is not engaged in the business of underwriting, trading or distributing municipal or other public securities. Financial Interests The fees being paid to the Municipal Advisor, the Underwriter, Underwriter’s Counsel, Bond Counsel and Disclosure Counsel are contingent upon the issuance and delivery of the Bonds. From time to time, Bond Counsel and Disclosure Counsel represent the Underwriter on matters unrelated to the Bonds. Pending Legislation [The District is not aware of any significant pending legislation which would have material adverse consequences on the Bonds or the ability of the District to pay the principal of and interest on the Bonds when due.] Additional Information The purpose of this Official Statement is to supply information to prospective buyers of the Bonds. Quotations and summaries and explanations of the Bonds and documents contained in this Official Statement do not purport to be complete, and reference is made to such documents for full and complete statements and their provisions. Packet Pg.2134 51 The execution of this Official Statement by the City Manager of the City and the delivery thereof have been duly authorized by the City Council acting in its capacity as the legislative body of the District. THE CITY OF SAN BERNARDINO By: City Manager of the City of San Bernardino Packet Pg.2135 A-1 APPENDIX A RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX Packet Pg.2136 B-1 APPENDIX B APPRAISAL REPORT Packet Pg.2137 C-1 APPENDIX C SUPPLEMENTAL INFORMATION CONCERNING CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO The Bonds will not be secured by any pledge of ad valorem taxes or City General Fund revenues but will be payable solely from Special Taxes to levied on and collected from the owners of certain taxable land within the District. The information set forth below is included in the Official Statement for background purposes only. General Description and Background Incorporated in 1854, the City of San Bernardino (the “City”) is a charter city that functions under a Council-Manager form of government. The governance structure is comprised of an at-large elected Mayor and seven Council Members elected by constituents in the specific ward. Each elected official serves a four-year term. San Bernardino County (the “County”), which encompasses 20,105 square miles, is the largest county in the contiguous United States. On April 26, 1853, the County was created from parts of Los Angeles, San Diego and Mariposa Counties. Located in the southeastern portion of California, the County is bordered on the south by Riverside County, on the east by the State of Arizona and Nevada, on the north by Inyo and Tulare Counties, and on the west by Los Angeles and Kern Counties. There are 24 incorporated cities in the County. The County’s varying topology includes desert, valley and mountain areas as well as gently rolling terrain. Three distinct geographical areas characterize the County: the valley region, the mountain region and the desert region. The valley region contains the majority of the County’s incorporated areas and is the most populous region. The mountain region is primarily comprised of public lands owned and managed by federal and state agencies. The desert region is the largest region and includes parts of the Mojave Desert. Population The following sets forth the City, the County and the State population estimates as of January 1, for the years 2018 to 2022: CITY OF SAN BERNARDINO, SAN BERNARDINO COUNTY AND STATE OF CALIFORNIA Estimated Population Year (January 1) City of San Bernardino San Bernardino County State of California 2018 217,550 2,150,017 39,519,535 2019 217,701 2,165,876 39,605,361 2020 217,935 2,175,424 39,648,938 2021 222,024 2,182,343 39,303,157 2022 220,840 2,187,665 39,185,605 Source: State of California Department of Finance, Demographic Research Unit. March 2020 and 2010 Benchmark. Commerce A summary of historic taxable sales within the City for the years 2017 to 2021 is shown in the following table. Total taxable sales during calendar year 2021 in the City were reported to be $4,586,492,917, a 37.8% increase over the total taxable sales of $3,329,458,829 reported during calendar year 2020. Packet Pg.2138 C-2 CITY OF SAN BERNARDINO Taxable Retail Sales Number of Permits and Valuation of Taxable Transactions Total Retail and Food Services Total All Outlets Number of Permits Taxable Transactions Number of Permits Taxable Transactions 2017 5,598 $2,573,088,941 7,313 $3,101,214,754 2018 5,635 2,677,251,960 7,625 3,261,802,303 2019 5,789 2,731,818,391 8,005 3,335,912,787 2020 6,288 2,774,471,134 8,823 3,329,458,829 2021 5,442 3,868,978,999 7,875 4,586,492,917 Source: California State Board of Equalization, Taxable Sales in California – Cities by Type of Business (Taxable Table 4). A summary of historic taxable sales within the County during for the years 2017 to 2021 is shown in the following table. Total taxable sales during calendar year 2021 in the County were reported to be $55,254,235,219, a 27.7% increase over the total taxable sales of $43,265,512,311 reported during calendar year 2020. COUNTY OF SAN BERNARDINO Taxable Retail Sales Number of Permits and Valuation of Taxable Transactions Total Retail and Food Service Total All Outlets Number of Permits Taxable Transactions Number of Permits Taxable Transactions 2017 39,067 25,603,171,101 58,956 $38,399,372,700 2018 39,837 26,905,783,745 61,838 40,554,023,790 2019 40,964 27,585,905,470 64,771 41,768,747,848 2020 44,330 28,745,277,036 71,145 43,265,512,311 2021 40,801 38,261,479,465 66,585 55,254,235,219 Source: California State Board of Equalization, Taxable Sales in California – Counties by Types of Business (Taxable Table 3). Packet Pg.2139 C-3 Employment and Industry The City is included in the Riverside-San Bernardino-Ontario labor market area. The unemployment rate in the Riverside-San Bernardino-Ontario MSA was 4.3% in March 2022, down from a revised 5.0% in February 2022, and below the year-ago estimate of 8.5%. This compares with an unadjusted unemployment rate of 4.2% for California and 3.8 % for the nation during the same period. The unemployment rate was 4.3 % in Riverside County and 4.3 % in San Bernardino County. The following table shows the average annual estimated numbers of wage and salary workers by industry. The table does not include proprietors, the self-employed, unpaid volunteers or family workers, domestic workers in households, and persons in labor management disputes. RIVERSIDE-SAN BERNARDINO-ONTARIO METROPOLITAN STATISTICAL AREA (SAN BERNARDINO COUNTY) Industry Employment & Labor Force (Annual Averages) 2016 2017 2018 2019 2020 Civilian Labor Force 930,200 942,000 955,000 966,800 971,400 Civilian Employment 876,400 895,300 915,500 929,000 877,000 Civilian Unemployment 53,900 46,800 39,500 37,700 94,400 Civilian Unemployment Rate 5.8%5.0%4.1%3.9%9.7% Total Farm 1,900 2,200 2,200 2,500 2,000 Total Nonfarm 725,200 748,800 770,500 798,500 776,700 Goods Producing 90,700 92,100 95,100 95,200 91,100 Mining and Logging 600 600 800 700 900 Construction 33,800 35,200 37,800 39,000 38,400 Manufacturing 56,300 56,300 56,600 55,400 51,900 Durable Goods 35,500 35,000 34,900 34,600 31,600 Nondurable Goods 20,800 21,400 21,700 20,800 20,300 Service Providing 634,500 656,700 675,400 703,300 685,600 Trade, Transportation and Utilities 193,500 206,600 216,000 224,800 231,200 Wholesale Trade 39,100 38,700 40,500 41,500 40,200 Retail Trade 87,400 88,200 88,300 87,000 82,000 Transportation, Warehousing and Utilities 67,000 79,600 87,100 96,300 109,000 Information 5,200 5,200 5,300 5,000 4,000 Financial Activities 23,800 22,400 21,700 23,400 22,900 Professional and Business Services 20,100 20,600 21,500 23,000 22,900 Educational and Health Services 10,400 10,800 11,100 11,700 10,400 Leisure and Hospitality 71,500 75,200 76,900 78,100 62,900 Other Services 22,800 22,800 23,000 22,900 20,100 Government 122,900 124,600 127,100 129,100 124,800 Total, All Industries 727,100 750,900 772,700 801,000 778,700 Note: Does not include proprietors, self-employed, unpaid volunteers or family workers, domestic workers in households and persons involved in labor-management trade disputes. Employment reported by place of work. Items may not add to total due to independent rounding. The “Total, All Industries” data is not directly comparable to the employment data found in this Appendix C. Source: State of California, Employment Development Department, March 2021 Benchmark. Packet Pg.2140 C-4 Principal Employers The table below shows the 10 principal employers in the City as of June 30, 2021. CITY OF SAN BERNARDINO LARGEST EMPLOYERS (As of June 30, 2021) Rank Employer Number of Employees 1 Stater Brothers 23,100 2 San Bernardino City Unified School District 7,700 3 County of San Bernardino 6,094 4 The Roman Catholic Bishop of San Bernardino 2,400 5 California State University, San Bernardino 2,300 6 San Bernardino Community College District 1,446 7 Community Hospital of San Bernardino 1,400 8 The San Bernardino Hilton 1,152 9 City of San Bernardino 1,140 10 Superior Court of California, County of San Bernardino 1,000 Source: City of San Bernardino, California Annual Comprehensive Financial Report for the year ending June 30, 2021. The table below shows the 10 principal employers in the County as of June 30, 2021. COUNTY OF SAN BERNARDINO PRINCIPAL EMPLOYERS (As of June 30, 2021) Rank Name of Business Employees Percentage of Total Employment 1.San Bernardino County >10,000 1.11% 2.Loma Linda University Medical Center >10,000 1.11 3.Amazon 5,000-9,999 0.55-1.11 4.Ontario International Airport 5,000-9,999 0.55-1.11 5.Plaxicon Holding Corporation 5,000-9,999 0.55-1.11 6.California State University San Bernardino 5,000-9,999 0.55-1.11 7.James Jones Company 2,500-4,999 0.28-0.55 8.Barret Business Services Inc.2,500-4,999 0.28-0.55 9.Damao Luggage International Inc.2,500-4,999 0.28-0.55 10.San Manuel Indian Bingo and Casino 2,500-4,999 0.28-0.55 Source: San Bernardino County State of California Annual Comprehensive Financial Report for the year ending June 30, 2021. Packet Pg.2141 D-1 APPENDIX D SUMMARY OF FISCAL AGENT AGREEMENT Packet Pg.2142 E-1 APPENDIX E FORM OF CONTINUING DISCLOSURE CERTIFICATES OF THE CITY AND THE DEVELOPER CONTINUING DISCLOSURE CERTIFICATE OF THE CITY This Continuing Disclosure Certificate, dated as of __________, 2022 (the “Disclosure Certificate”), is executed and delivered by the City of San Bernardino (the “City”) in connection with the issuance and delivery by the City of its $3,480,000* Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”). The Bonds are being issued pursuant to a Fiscal Agent Agreement, dated as of __________ 1, 2022 (the “Fiscal Agent Agreement”), by and between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”). The City covenants as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the City for the benefit of the Owners and Beneficial Owners of the Bonds and in order to assist the Participating Underwriter in complying with the Rule. SECTION 2. Definitions. In addition to the definitions set forth in the Fiscal Agent Agreement, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined in this Section, the following capitalized terms shall have the following meanings: “Annual Report” shall mean any Annual Report provided by the City pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Annual Report Date” means the 1st of April after the end of the City’s fiscal year, commencing April 1, 2023. “Beneficial Owner” shall mean any person which: (a) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds (including persons holding Bonds through nominees, depositories or other intermediaries); or (b) is treated as the owner of any Bonds for federal income purposes. “Disclosure Representative” shall mean the City Manager or the Assistant City Manager/Administrative Services Director of the City, or their designee, or such other officer or employee as the City shall designate in writing from time to time. “Dissemination Agent” shall mean, initially, the City, 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 then current Dissemination Agent a written acceptance of such designation. “Fiscal Year” shall mean the period from July 1 to June 30, or any other period selected by the City as its fiscal year. “Listed Events” shall mean any of the events listed in Section 5(a) of this Disclosure Certificate. “MSRB” shall mean the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information for purposes of the Rule, or any other repository of disclosure information that may be designated by the Securities and Exchange Commission as such for purposes of the Rule in the future. * Preliminary, subject to change. Packet Pg.2143 E-2 “Official Statement” shall mean the final official statement executed by the City in connection with the issuance of the Bonds. “Participating Underwriter” shall mean the original underwriter of the Bonds that is required to comply with the Rule in connection with offering of the Bonds. “Rule” shall mean 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. “State” shall mean the State of California. SECTION 3. Provision of Annual Reports. (a) The City shall, or shall cause the Dissemination Agent to, not later than the Annual Report Date, commencing April 1, 2023, with the report for the 2022-23 fiscal year, provide to the MSRB, in an electronic format as prescribed by the MSRB, an Annual Report that is consistent with the requirements of Section 4 of this Disclosure Certificate; provided, however, that the audited financial statements for fiscal year 2022-23 will be filed when available. The first Annual Report shall consist solely of the Official Statement. Not later than 15 Business Days prior to the Annual Report Date, the City shall provide the Annual Report to the Dissemination Agent (if other than the City). If by 15 Business Days prior to the Annual Report Date the Dissemination Agent (if other than the City) has not received a copy of the Annual Report, the Dissemination Agent shall contact the City to determine if the City is in compliance with the previous sentence. The Annual Report may be submitted as a single document or as separate documents comprising a package, and may include by reference other information as provided in Section 4 of this Disclosure Certificate; provided that the audited financial statements of the City may be submitted separately from the balance of the Annual Report, and later than the Annual Report Date, if not available by that date. If the City’s fiscal year changes, it shall give notice of such change in the same manner as for a Listed Event under Section 5(b). The City shall provide a written certification with each Annual Report furnished to the Dissemination Agent to the effect that such Annual Report constitutes the Annual Report required to be furnished by the City hereunder. (b) If the City does not provide (or cause the Dissemination Agent to provide) an Annual Report by the Annual Report Date, the City shall provide (or cause the Dissemination Agent to provide) in a timely manner to the MSRB, in an electronic format as prescribed by the MSRB, a notice in substantially the form attached as Exhibit A to this Disclosure Certificate. (c) With respect to each Annual Report, the Dissemination Agent shall. (i) determine prior to each Annual Report Date the then-applicable rules and electronic format prescribed by the MSRB for the filing of annual continuing disclosure reports; and (ii) if the Dissemination Agent is other than the City, file a report with the City certifying that the Annual Report has been provided pursuant to this Disclosure Certificate, and stating the date it was provided. SECTION 4. Content of Annual Report. The City’s Annual Report shall contain or include by reference the following: (a) The City’s audited financial statements 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 are not available by the Annual Report Date, the Annual Report shall contain unaudited financial statements in a format similar to the financial statements contained in the Official Statement, and the audited financial statements shall be filed in the same manner as the Annual Report when they become available. Packet Pg.2144 E-3 (b) The following information, unless otherwise specified, as of September 30 of the preceding year: (i) Principal amount of all outstanding bonds. (ii) Balance in the Improvement Fund, until such time as the fund is closed. (iii) Balance in the Reserve Fund, statement of the Reserve Requirement as of the immediately preceding April 1 and statement of projected draws on the Reserve Fund. (iv) Update of Table 1, using assessed values instead of appraised values. (v) Update of Table 4, using assessed values instead of appraised values. (vi) Update of Table 5, using assessed values instead of appraised values (overlapping general obligation debt information needed not be included in the update). (vii) Update of Table 6, using assessed values instead of appraised values (overlapping general obligation debt information needed not be included in the update). (viii) Notwithstanding the September 30 reporting date, the following information shall be reported as of February 1 immediately preceding the date of the Annual Report rather than as of September 30. Identity of each delinquent taxpayer responsible for 5 percent or more of total Special Tax levied, and the following information: assessor parcel number, assessed value of applicable properties, amount of Special Tax levied, amount delinquent by parcel number and status of foreclosure proceedings. If any foreclosure has been completed, summary of results of foreclosure sales or transfers. (c) In addition to any of the information expressly required to be provided under this Disclosure Certificate, the City shall provide such further material information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. (d) Any or all of the items listed above may be included by specific reference to other documents, including official statements of debt issues of the City or related public entities, which are available to the public on the MSRB’s Internet web site or filed with the Securities and Exchange Commission. The City shall clearly identify each such other document so included by reference. SECTION 5. Reporting of Significant Events. (a) The City shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to the Bonds: (i) Principal and interest payment delinquencies. (ii) Non-payment related defaults, if material. (iii) Unscheduled draws on debt service reserves reflecting financial difficulties. (iv) Unscheduled draws on credit enhancements reflecting financial difficulties. (v) Substitution of credit or liquidity providers, or their failure to perform. (vi) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the security, or other material events affecting the tax status of the security. Packet Pg.2145 E-4 (vii) Modifications to rights of security holders, if material. (viii) Bond calls, if material, and tender offers. (ix) Defeasances. (x) Release, substitution, or sale of property securing repayment of the securities, if material. (xi) Rating changes. (xii) Bankruptcy, insolvency, receivership or similar event of the City or other obligated person. (xiii) The consummation of a merger, consolidation, or acquisition involving the City or an obligated person, or the sale of all or substantially all of the assets of the City or an obligated person (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, if material. (xiv) Appointment of a successor or additional fiscal agent or the change of name of the fiscal agent, if material. (xv) Incurrence of a financial obligation of the City, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City, any of which affect security holders, if material (for the definition of “financial obligation,” see clause (e)). (xvi) Default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the City, any of which reflect financial difficulties (for the definition of “financial obligation,” see clause (e)). (b) Whenever the City obtains knowledge of the occurrence of a Listed Event, the City shall, or shall cause the Dissemination Agent (if not the City) to, file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, in a timely manner not in excess of 10 business days after the occurrence of the Listed Event. Notwithstanding the foregoing, notice of a Listed Event described in subsection (a)(viii) above need not be given under this subsection any earlier than the notice (if any) of the underlying event is given to holders of affected Bonds under the Fiscal Agent Agreement. (c) The City acknowledges that the events described in subparagraphs (a)(ii), (a)(vii), (a)(viii) (if the event is a bond call), (a)(x), (a)(xiii), (a)(xiv) and (a)(xv) of this Section 5 contain the qualifier “if material” and that subparagraph (a)(xi) also contains the qualifier “material” with respect to certain notices, determinations or other events affecting the tax status of the Bonds. The City shall cause a notice to be filed as set forth in paragraph (b) above with respect to any such event only to the extent that it determines the event’s occurrence is material for purposes of U.S. federal securities law. Whenever the City obtains knowledge of the occurrence of any of these Listed Events, the City will as soon as possible determine if such event would be material under applicable federal securities law. If such event is determined to be material, the City will cause a notice to be filed as set forth in paragraph (b) above. The Dissemination Agent shall not be responsible for determining whether an event is material. (d) For purposes of this Disclosure Certificate, any event described in paragraph (a)(xii) above is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent, or similar officer for the City in a proceeding under the United States 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 governing 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, or liquidation by a court or Packet Pg.2146 E-5 governmental authority having supervision or jurisdiction over substantially all of the assets or business of the City. (e) For purposes of Section 5(a)(xv) and (xvi), “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term financial obligation shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with the Rule. SECTION 6. Identifying Information for Filings with the MSRB. All documents provided to the MSRB pursuant to this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. SECTION 7. Termination of Reporting Obligation. The City’s obligations under this Disclosure Certificate shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. If such termination occurs prior to the final maturity of the Bonds, the City shall give notice of such termination in the same manner as for a Listed Event under Section 5(b). SECTION 8. 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 Certificate, and may discharge any Dissemination Agent, with or without appointing a successor Dissemination Agent. Any Dissemination Agent may resign by providing 30 days’ written notice to the City. SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the City may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied: (a) if the amendment or waiver relates to the provisions of Sections 3(a), 4 or 5(a), 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 Bonds, or 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 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 either (i) is approved by holders of the Bonds in the manner provided in the Fiscal Agent Agreement for amendments to the Fiscal Agent Agreement with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. If the annual financial information or operating data to be provided in the Annual Report is amended pursuant to the provisions hereof, the first Annual Report filed pursuant hereto containing the amended operating data or financial information shall explain, in narrative form, the reasons for the amendment and the impact of the change in the type of operating data or financial information being provided. If an amendment is made to this Disclosure Certificate modifying the accounting principles to be followed in preparing financial statements, the Annual Report for the year in which the change is made shall present a comparison between the financial statements or information prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. The comparison shall include a qualitative discussion of the differences in the accounting principles and the impact of the change in the accounting principles on the presentation of the financial information, in order to provide information to investors to enable them to evaluate the ability of the City to meet its obligations. To the extent reasonably feasible, the comparison shall be quantitative. Packet Pg.2147 E-6 A notice of any amendment made pursuant to this Section 9 shall be filed in the same manner as for a Listed Event under Section 5(b). SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the City from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the City chooses to include any information in any Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the City shall have no obligation under this Disclosure Certificate to update such information or include it in any future Annual Report or notice of occurrence of a Listed Event. SECTION 11. Default. If the City fails to comply with any provision of this Disclosure Certificate, the Participating Underwriter or any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the City to comply with its obligations under this Disclosure Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Fiscal Agent Agreement, and the sole remedy under this Disclosure Certificate in the event of any failure of the City to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 12. Duties, Immunities and Liabilities of Dissemination Agent. (a) The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the City agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents, harmless against any loss, expense and liabilities which they may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding liabilities due to the Dissemination Agent’s negligence or willful misconduct. The Dissemination Agent shall have no duty or obligation to review any information provided to it by the City hereunder and shall not be deemed to be acting in any fiduciary capacity for the City, the Bond holders, or any other party. The obligations of the City under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. (b) The Dissemination Agent shall be paid compensation by the City for its services provided hereunder in accordance with its schedule of fees as amended from time to time, and shall be reimbursed for all expenses, legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. SECTION 13. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the City, the Dissemination Agent, the Participating Underwriter and the holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. SECTION 14. Counterparts. This Disclosure Certificate may be executed in several counterparts, each of which shall be regarded as an original, and all of which shall constitute one and the same instrument. CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA By: Assistant City Manager/Administrative Services Director Packet Pg.2148 E-7 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE ANNUAL REPORT Name of Issuer: City of San Bernardino Name of Bond Issue: $ ________________________________________ Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds Date of Issuance: ___________________________, 2022 NOTICE IS HEREBY GIVEN that the City of San Bernardino (the “City”) on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino has not provided an Annual Report with respect to the above-named Bonds as required by the Fiscal Agent Agreement dated as of _______ 1, 2022, by and between the City and U.S. Bank Trust Company, National Association, as Fiscal Agent. The City anticipates that the Annual Report will be filed by __________, ,20__. Dated: CITY OF SAN BERNARDINO, for and on behalf of COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA By: Assistant City Manager/Administrative Services Director Packet Pg.2149 E-8 FORM OF CONTINUING DISCLOSURE CERTIFICATES OF THE CITY AND THE DEVELOPER CONTINUING DISCLOSURE CERTIFICATE OF THE DEVELOPER This Continuing Disclosure Certificate of the Developer (this “Disclosure Certificate”), dated as of _______, 2022, is executed and delivered by TH Rancho Palma, LLC, a Delaware limited liability company (the “Property Owner”), in connection with the issuance by the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “Bonds”). The Bonds are being issued pursuant to a Fiscal Agent Agreement dated ______, 2022 by and between the City of San Bernardino (the “City”) and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”) (the “Fiscal Agent Agreement”). The Property Owner covenants and agrees as follows: SECTION 1. Purpose of the Disclosure Certificate. This Disclosure Certificate is being executed and delivered by the Property Owner for the benefit of the holders and beneficial owners of the Bonds. SECTION 2. Definitions. In addition to the definitions set forth above and in the Fiscal Agent Agreement, which apply to any capitalized term used in this Disclosure Certificate unless otherwise defined herein, the following capitalized terms shall have the following meanings. “Affiliate” means any person presently directly (or indirectly through one or more intermediaries) under managerial control of the Property Owner, and about whom information could be material to potential investors in their investment decision regarding the Bonds (including without limitation information relevant to the proposed development of the Property or to the Property Owner’s ability to pay the Special Taxes levied on the Property prior to delinquency). “Assumption Agreement” means an undertaking of a Major Owner, for the benefit of the holders and beneficial owners of the Bonds, containing terms substantially similar to this Disclosure Certificate (as modified for such Major Owner’s development and financing plans with respect to the property in the District acquired by the Major Owner), whereby such Major Owner agrees to provide semi-annual reports and notices of significant events, setting forth the information described in sections 4 and 5 hereof, respectively, with respect to the portion of the property in the District owned by such Major Owner and, at the option of the Property Owner or such Major Owner, agrees to indemnify the Dissemination Agent (if any) pursuant to a provision substantially in the form of Section 12 hereof. “Dissemination Agent” means the Property Owner, or any successor Dissemination Agent designated in writing by the Property Owner, which is experienced in providing dissemination agent services such as those required under this Disclosure Certificate, and which has filed with the Property Owner, the District and the Participating Underwriter, a written acceptance of such designation and acceptance. “District” means Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California. “Listed Events” means any of the events listed in Section 5(a) of this Disclosure Certificate. “Major Owner” means, as of any date of determination, a Person that, together with the Person’s Affiliates, owns 24 or more residential lots in the District subject to the Special Tax. “MSRB” means the Municipal Securities Rulemaking Board, which has been designated by the Securities and Exchange Commission as the sole repository of disclosure information. “Official Statement” means the Official Statement dated _____, 2022, executed by the City in connection with the issuance of the Bonds. Packet Pg.2150 E-9 “Participating Underwriter” means Hilltop Securities Inc., the original underwriter of the Bonds. “Property” means (i) the property owned by the Property Owner or an Affiliate in the District, and (ii) the property in the District that the Property Owner or an Affiliate sold to a Major Owner who has not assumed the undertakings of this Disclosure Certificate under Section 7(b) that is owned by such Major Owner as of the date of determination. “Report Date” means (a) April 1 of each year, and (b) September 30 of each year. “Semi-Annual Report” means any Semi-Annual Report provided by the Property Owner pursuant to, and as described in, Sections 3 and 4 of this Disclosure Certificate. “Special Taxes” means the special taxes levied by the District on the Property. SECTION 3. Provision of Semi-Annual Reports. (a) Until such obligations are terminated pursuant to Section 7 herein, the Property Owner shall, or upon written direction of the Property Owner the Dissemination Agent shall, not later than the Report Date, commencing April 1, 2023, provide to the MSRB, in an electronic format as prescribed by the MSRB, a Semi- Annual Report which is consistent with the requirements of Section 4 of this Disclosure Certificate. Not later than 15 calendar days prior to the Report Date, the Property Owner shall provide the Semi-Annual Report to the Dissemination Agent (if different from the Property Owner). The Property Owner shall provide a written certification with (or included as a part of) each Semi-Annual Report furnished to the Dissemination Agent (if different from the Property Owner), to the effect that such Semi-Annual Report constitutes the Semi-Annual Report required to be furnished by it under this Disclosure Certificate. The Dissemination Agent may conclusively rely upon such certification of the Property Owner and shall have no duty or obligation to review the Semi-Annual Report. The Semi-Annual Report may be submitted as a single document or as separate documents comprising a package, and may incorporate by reference other information as provided in Section 4 of this Disclosure Certificate. (b) If the Dissemination Agent is not the Property Owner and it does not receive a Semi-Annual Report by 15 calendar days prior to the Report Date, the Dissemination Agent shall send a reminder notice to the Property Owner that the Semi-Annual Report has not been provided as required under Section 3(a) above. The reminder notice shall instruct the Property Owner to determine whether its obligations under this Disclosure Certificate have terminated (pursuant to Section 7 below) and, if so, to provide the Dissemination Agent with a notice of such termination in the same manner as for a Listed Event (pursuant to Section 5 below). If the Property Owner does not provide, or cause the Dissemination Agent to provide, a Semi-Annual Report to the MSRB by the Report Date as required in subsection (a) above, the Dissemination Agent shall send a notice in a timely manner to the MSRB in substantially the form attached hereto as Exhibit A, with a copy to the District and the Participating Underwriter. (c) The Dissemination Agent shall: (i) determine prior to each Report Date the then-applicable rules and electronic format prescribed by the MSRB for the filing of continuing disclosure reports; and (ii) to the extent the Semi-Annual Report has been furnished to it, file a report with the Property Owner (if the Dissemination Agent is other than the Property Owner), the District, and the Participating Underwriter certifying that the Semi-Annual Report has been provided pursuant to this Disclosure Certificate, and stating the date it was provided to and filed with the MSRB. SECTION 4. Content of Semi-Annual Reports. Each Semi-Annual Report shall contain or incorporate by reference the information set forth in Exhibit B, any or all of which may be included by specific reference to other documents which are available to the public on the MSRB’s internet web site or filed with the Securities and Packet Pg.2151 E-10 Exchange Commission. The Property Owner shall clearly identify each such other document so included by reference. In addition to any of the information expressly required to be provided in Exhibit B, each Semi-Annual Report shall include such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. SECTION 5. Reporting of Significant Events. (a) Until such obligations are terminated pursuant to Section 7 herein, the Property Owner shall give, or cause to be given, notice of the occurrence of any of the following Listed Events with respect to itself or the Property, if material: (i) bankruptcy or insolvency proceedings commenced by or against the Property Owner and, if known, any bankruptcy or insolvency proceedings commenced by or against any Affiliate of the Property Owner that is reasonably likely to have a significant impact on the Property Owner’s ability to develop the Property as described in the Official Statement or a more recently filed Semi-Annual Report or to pay Special Taxes due with respect to the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (ii) failure of the Property Owner to pay any taxes, special taxes (including the Special Taxes) or assessments due with respect to the Property on or prior to the delinquency date, to the extent such failure is not promptly cured by the Property Owner upon discovery thereof; (iii) filing of a lawsuit against the Property Owner or, if known, an Affiliate of the Property Owner, seeking damages which, if successful, could have a material and adverse impact on the Property Owner’s ability to develop the Property as described in the Official Statement or a more recently filed Semi-Annual Report or to pay Special Taxes due with respect to the Property (to the extent the responsibility of the Property Owner) prior to delinquency; (iv) material damage to or destruction of any of the improvements on the Property; and (v) any payment default or other material default by the Property Owner that continues to exist beyond any applicable notice and cure periods on any loan with respect to the construction of improvements on the Property. (b) Whenever the Property Owner obtains knowledge of the occurrence of a Listed Event, the Property Owner shall as soon as possible determine if such event would be material under applicable Federal securities law. (c) If the Property Owner determines that knowledge of the occurrence of a Listed Event would be material under applicable Federal securities law, the Property Owner shall, or shall cause the Dissemination Agent to, within 10 business days file a notice of such occurrence with the MSRB, in an electronic format as prescribed by the MSRB, with a copy to the District and the Participating Underwriter. SECTION 6. Identifying Information for Filings with the MSRB. All documents provided to the MSRB under this Disclosure Certificate shall be accompanied by identifying information as prescribed by the MSRB. SECTION 7. Duration of Reporting Obligation. (a) All of the Property Owner’s obligations hereunder shall commence on the date hereof and shall terminate (except as provided in Section 12) on the earliest to occur of the following: (i) upon the legal defeasance, prior redemption or payment in full of all the Bonds, or Packet Pg.2152 E-11 (ii) at such time as the Property Owner, together with any Affiliates, own fewer than 24 residential lots within the District subject to the Special Tax; or (iii) the date on which all of the Special Taxes attributable to the Property are paid in full. The Property Owner shall give notice of the termination of its obligations under this Disclosure Certificate in the same manner as for a Listed Event under Section 5. (b) If a portion of the Property is conveyed to a person or entity that, upon such conveyance, will be a Major Owner, the obligations of the Property Owner hereunder with respect to the property conveyed to such Major Owner shall be assumed by such Major Owner, and if so assumed the Property Owner’s obligations hereunder with respect to the property conveyed will be terminated. In order to effect such assumption, such Major Owner shall enter into an Assumption Agreement in form and substance substantially similar to this Disclosure Certificate. However, a Major Owner shall not be required to enter into an Assumption Agreement if such Major Owner is already a party to a continuing disclosure certificate in form and substance similar to this Disclosure Certificate with respect to the Bonds, and under which the property conveyed to such Major Owner will become subject to future Semi-Annual Reports. If not so assumed, the Property Owner shall use commercially reasonable efforts to report the information, as applicable to the transferee, required herein so long as the transferee is a Major Owner. SECTION 8. Dissemination Agent. The Property Owner may, from time to time, appoint or engage a Dissemination Agent to assist the Property Owner in carrying out its obligations under this Disclosure Certificate, and may discharge any such Dissemination Agent with or without appointing a successor Dissemination Agent. The initial Dissemination Agent shall be the Property Owner. The Dissemination Agent may resign by providing 30 days’ written notice to the Property Owner. SECTION 9. Amendment; Waiver. Notwithstanding any other provision of this Disclosure Certificate, the Property Owner may amend this Disclosure Certificate, and any provision of this Disclosure Certificate may be waived, provided that the following conditions are satisfied (provided, however, that the Dissemination Agent shall not be obligated under any such amendment that modifies or increases its duties or obligations hereunder without its written consent thereto): (a) if the amendment or waiver relates to the provisions of sections 3(a), 4 or 5(a), it may only be made in connection with a change in circumstances that arises from a change in legal requirements, or change in law; and (b) the proposed amendment or waiver either (i) is approved by holders of the Bonds in the manner provided in the Fiscal Agent Agreement with the consent of holders, or (ii) does not, in the opinion of nationally recognized bond counsel, materially impair the interests of the holders or beneficial owners of the Bonds. SECTION 10. Additional Information. Nothing in this Disclosure Certificate shall be deemed to prevent the Property Owner from disseminating any other information, using the means of dissemination set forth in this Disclosure Certificate or any other means of communication, or including any other information in any Semi- Annual Report or notice of occurrence of a Listed Event, in addition to that which is required by this Disclosure Certificate. If the Property Owner chooses to include any information in any Semi-Annual Report or notice of occurrence of a Listed Event in addition to that which is specifically required by this Disclosure Certificate, the Property Owner shall have no obligation under this Disclosure Certificate to update such information or include it in any future Semi-Annual Report or notice of occurrence of a Listed Event. SECTION 11. Default. In the event of a failure of the Property Owner to comply with any provision of this Disclosure Certificate, the Participating Underwriter, the District, and any holder or beneficial owner of the Bonds may take such actions as may be necessary and appropriate, including seeking mandate or specific performance by court order, to cause the Property Owner to comply with its obligations under this Disclosure Packet Pg.2153 E-12 Certificate. A default under this Disclosure Certificate shall not be deemed an Event of Default under the Fiscal Agent Agreement, and the sole remedy under this Disclosure Certificate in the event of any failure of the Property Owner to comply with this Disclosure Certificate shall be an action to compel performance. SECTION 12. Duties, Immunities and Liabilities of Dissemination Agent. The Dissemination Agent shall have only such duties as are specifically set forth in this Disclosure Certificate, and the Property Owner agrees to indemnify and save the Dissemination Agent, its officers, directors, employees and agents (each, an “Indemnified Party”), harmless against any loss, expense and liabilities which it may incur arising out of or in the exercise or performance of its powers and duties hereunder, including the reasonable costs and expenses (including attorneys’ fees) of defending against any claim of liability, but excluding any loss, expense and liabilities due to an Indemnified Party’s negligence or willful misconduct or failure to perform its duties hereunder. If the Dissemination Agent is not the Property Owner, the Dissemination Agent shall be paid compensation for its services provided hereunder from the Administrative Expense Fund established under the Fiscal Agent Agreement in accordance with the Dissemination Agent’s schedule of fees as amended from time to time, which schedule, as amended, shall be reasonably acceptable, and all reasonable expenses, reasonable legal fees and advances made or incurred by the Dissemination Agent in the performance of its duties hereunder. The Dissemination Agent shall have no duty or obligation to review any information provided to it hereunder and shall not be deemed to be acting in any fiduciary capacity for the District, the Property Owner, the Participating Underwriter, the Bond owners, or any other party. The obligations of the Property Owner under this Section shall survive resignation or removal of the Dissemination Agent and payment of the Bonds. SECTION 13. Notices. Any notice or communications to be among any of the parties to the Disclosure Certificate may be given by regular, overnight, or electronic mail as follows: To the Issuer: City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Attn: Barbara Whitehorn, Finance Director Email: Whitehorn_Ba@sbcity.org To the Participating Underwriter: Hilltop Securities 2533 South Coast Highway 101, Suite 250 Cardiff, CA 92007 Attn: Mike Cavanaugh, Managing Director Email: Mike.cavanaugh@hilltopsecurities.com To the Property Owner: TH Rancho Palma, LLC c/o Trumark Homes 3001 Bishop Drive, Suite 100 San Ramon, CA 94583 Attn: Maggi Kibbee Email: mkibbee@trumarkco.com With a copy to: O’Neil LLP 19900 MacArthur Blvd., Suite 1050 Irvine, CA 92612 Attn: Sandra A. Galle Email: sgalle@oneil-llp.com Any person may, by written notice to the other persons listed above, designate a different address or telephone number(s) to which subsequent notices or communications should be sent. Packet Pg.2154 E-13 SECTION 14. Beneficiaries. This Disclosure Certificate shall inure solely to the benefit of the District, the Property Owner (its successors and assigns), the Dissemination Agent, the Participating Underwriter and holders and beneficial owners from time to time of the Bonds, and shall create no rights in any other person or entity. All obligations of the Property Owner hereunder shall be assumed by any legal successor to the obligations of the Property Owner as a result of a sale, merger, consolidation or other reorganization. (Signature page follows) Packet Pg.2155 E-14 IN WITNESS WHEREOF, the Property Owner has executed this Disclosure Certificate as of the date first above written. PROPERTY OWNER: TH Rancho Palma, LLC, a Delaware limited liability company By: Trumark Homes, LLC, a California limited liability company Its: Manager By ___________________________________ Name: Title: -Signature Page- Continuing Disclosure Certificate Packet Pg.2156 E-15 EXHIBIT A NOTICE TO REPOSITORIES OF FAILURE TO FILE PERIODIC REPORT Name of Issuer: Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California Name of Bond Issue: $____________ Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, 2022 Special Tax Bonds Date of Issuance: ________, 2022 NOTICE IS HEREBY GIVEN that __________________ (the “Developer”), on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California, has not provided a Semi-Annual Report with respect to the above-named Bonds as required by the Continuing Disclosure Certificate. The Developer anticipates that the applicable Semi-Annual Report will be filed by _____________. Dated: _______________ Dissemination Agent By: __________________________________ Its: __________________________________ cc: Developer District Participating Underwriter Packet Pg.2157 E-16 EXHIBIT B SEMI-ANNUAL REPORT APRIL 1, ____/ SEPTEMBER 30, ____ COMMUNITY FACILITIES DISTRICT NO. 2020-1 (RANCHO PALMA) OF THE CITY OF SAN BERNARDINO OF 2022 SPECIAL TAX BONDS This Semi-Annual Report is hereby submitted under Section 4 of the Continuing Disclosure Certificate of the Developer (the “Disclosure Certificate”) dated as of _________, 20__, executed by the undersigned (the “Property Owner”) in connection with the issuance by the City of San Bernardino (the “City”) of the bonds captioned above (the “Bonds”) for Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino (the “District”). Capitalized terms used in this Semi-Annual Report but not otherwise defined have the meanings given to them in the Disclosure Certificate. I. Property Ownership and Development The information in this section is provided as of __________ (this date must be not more than 60 days before the Report Date of this Semi-Annual Report). A. Description of the Property currently owned by the Property Owner in the District (the “Property”) in substance and form similar to such information in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate. B. Updated information regarding land development construction of backbone infrastructure and home construction activities with respect to the Property described in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate. C. Status of any building permits and material changes to the description of land use or development entitlements for the Property in the Official Statement for the Bonds under the caption “THE DISTRICT—The Development” or the Semi-Annual Report last filed in accordance with the Disclosure Certificate. D. Status of any land purchase contracts with regard to the Property, whether acquisition of land in the District by the Property Owner or sales of land to other property owners (other than individual homeowners). Packet Pg.2158 E-17 II. Legal and Financial Status of Property Owner Unless such information has previously been included or incorporated by reference in a Semi-Annual Report, describe any material change in the legal structure of the Property Owner or the financial condition and financing plan of the Property Owner that would materially and adversely interfere with its ability to complete its development plan described in the Official Statement. To the extent that the ownership of the Property Owner has changed, describe all material terms of the new ownership structure. III. Change in Development or Financing Plans Unless such information has previously been included or incorporated by reference in a Semi-Annual Report, describe any development plans or financing plans relating to the Property that are materially different from the proposed development and financing plan described in the Official Statement. IV. Status of Tax Payments Describe status of payment of taxes, special taxes (including the Special Taxes) or assessments due with respect to the Property owned by the Property Owner and its Affiliates. V. Other Material Information In addition to any of the information expressly required above, provide such further information, if any, as may be necessary to make the specifically required statements, in the light of the circumstances under which they are made, not misleading. Certification On behalf of the Property Owner, the undersigned officer or representative, based on actual knowledge after reasonable inquiry of employees of Property Owner and its Affiliates, hereby certifies that this Semi-Annual Report constitutes the Semi-Annual Report required to be furnished by the Property Owner under the Disclosure Certificate. ANY OTHER STATEMENTS REGARDING THE PROPERTY OWNER, THE DEVELOPMENT OF THE PROPERTY, THE PROPERTY OWNER’S FINANCING PLAN OR FINANCIAL CONDITION, OTHER THAN STATEMENTS MADE BY THE PROPERTY OWNER IN AN OFFICIAL RELEASE, OR FILED WITH THE MUNICIPAL SECURITIES RULEMAKING BOARD, ARE NOT AUTHORIZED BY THE PROPERTY OWNER. THE PROPERTY OWNER IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR FAIRNESS OF ANY SUCH UNAUTHORIZED STATEMENTS. THE PROPERTY OWNER HAS NO OBLIGATION TO UPDATE THIS SEMI-ANNUAL REPORT OTHER THAN AS EXPRESSLY PROVIDED IN THE DISCLOSURE CERTIFICATE. Dated: PROPERTY OWNER: TH Rancho Palma, LLC, a Delaware limited liability company By: Trumark Homes, LLC, a California limited liability company Packet Pg.2159 E-18 Its: Manager By ___________________________________ Name: Title: Packet Pg.2160 F-1 APPENDIX F PROPOSED FORM OF BOND COUNSEL OPINION [Closing Date] City Council City of San Bernardino 290 North “D” Street San Bernardino, CA 92401 Re: $________ Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds Ladies and Gentlemen: We have acted as bond counsel in connection with the issuance by the City of San Bernardino (the “City”) for and on behalf of Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino, County of San Bernardino, State of California (the “District”), of $______ aggregate principal amount of the Community Facilities District No. 2020-1 (Rancho Palma) of the City of San Bernardino 2022 Special Tax Bonds (the “Bonds”). The Bonds are issued pursuant to the provisions of the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the Government Code of the State of California (the “Act”), a resolution adopted by the City Council of the City on ________, 2022 (the “Resolution”), and a Fiscal Agent Agreement, dated as of ________ 1, 2022 (the “Agreement”), by and between the City and U.S. Bank Trust Company, National Association, as fiscal agent (the “Fiscal Agent”). We have examined the Act, the Resolution, the Agreement and certified copies of the proceedings taken for the issuance and sale of the Bonds. As to questions of fact which are material to our opinions, we have relied upon the representations of the City contained in the Agreement, and in certificates of its authorized officers which have been delivered to us for the purpose of supplying such facts, without having undertaken to verify the accuracy of any such representations by independent investigation. Based upon such examination, we are of the opinion, as of the date hereof, that the proceedings referred to above have been taken in accordance with the laws and the Constitution of the State of California, and that the Bonds, having been issued in duly authorized form and executed by the proper officials and delivered to and paid for by the purchaser thereof, and the Agreement, having been duly authorized and executed by the proper officials, constitute the legally valid and binding obligations of the City and District enforceable in accordance with their terms subject to the qualifications specified below. Except where funds are otherwise available, as may be permitted by law, the Bonds are payable, as to both principal and interest, solely from certain special taxes to be levied and collected within the District and other funds available therefor held under the Agreement. The Internal Revenue Code of 1986, as amended (the “Code”) sets forth certain investment, rebate and related requirements which must be met subsequent to the issuance and delivery of the Bonds for the interest on the Bonds to be and remain exempt from federal income taxation. Noncompliance with such requirements could cause the interest on the Bonds to be subject to federal income taxation retroactive to the date of issuance of the Bonds. Pursuant to the Agreement, the City has covenanted to comply with the requirements of the Code and applicable regulations promulgated thereunder. Packet Pg.2161 F-2 We are of the opinion that, under existing statutes, regulations, rulings and court decisions, and assuming compliance by the City with the aforementioned covenants, the interest on the Bonds is excluded from gross income for purposes of federal income taxation and is exempt from personal income taxation imposed by the State of California. We are further of the opinion that interest on the Bonds is not an item of tax preference for purposes of calculating the federal alternative minimum tax. Although interest on the Bonds is excluded from gross income for purposes of federal income taxation, the accrual or receipt of interest on the Bonds may otherwise affect the federal income tax liability of the recipient. The extent of these tax consequences will depend on the recipient’s particular tax status or other items of income or deduction. We express no opinion regarding any such consequences. The opinions expressed herein may be affected by actions which may be taken (or not taken) or events which may occur (or not occur) after the date hereof. We have not undertaken to determine, or to inform any person, whether any such actions or events are taken or occur or are not taken or do not occur. The rights of the owners of the Bonds and the enforceability of the Bonds and the Agreement may be subject to bankruptcy, insolvency, moratorium and other similar laws affecting creditors’ rights heretofore or hereafter enacted, and their enforcement may be subject to the exercise of judicial discretion in accordance with general principles of equity. Respectfully submitted, Packet Pg.2162 G-1 APPENDIX G INFORMATION CONCERNING DTC The information in this section concerning DTC and DTC’s book-entry only system has been obtained from sources that the City believes to be reliable, but the City takes no responsibility for the completeness or accuracy thereof. The following description of the procedures and record keeping with respect to beneficial ownership interests in the Bonds, payment of principal, premium, if any, accreted value and interest on the Bonds to DTC Participants or Beneficial Owners, confirmation and transfers of beneficial ownership interests in the Bonds and other related transactions by and between DTC, the DTC Participants and the Beneficial Owners is based solely on information provided by DTC to the City which the City believes to be reliable, but the City and the Underwriter do not and cannot make any independent representations concerning these matters and do not take responsibility for the accuracy or completeness thereof. Neither the DTC, Direct Participants, Indirect Participants nor the Beneficial Owners should rely on the foregoing information with respect to such matters, but should instead confirm the same with DTC or the DTC Participants, as the case may be. The Depository Trust Company (“DTC”), New York, New York, will act as securities depository for the Bonds. The Bonds will be issued as fully-registered securities registered in the name of Cede & Co. (DTC’s partnership nominee) or such other name as may be requested by an authorized representative of DTC. One fully- registered Bond will be issued for each annual maturity of the Bonds, each in the aggregate principal amount of such maturity, and will be deposited through the facilities of DTC. DTC, the world’s largest securities depository, is a limited-purpose trust company organized under the New York Banking Law, a “banking organization” within the meaning of the New York Banking Law, a member of the Federal Reserve System, a “clearing corporation” within the meaning of the New York Uniform Commercial Code, and a “clearing agency” registered pursuant to the provisions of Section 17A of the Securities Exchange Act of 1934. DTC holds and provides asset servicing for over 3.6 million issues of U.S. and non-U.S. equity issues, corporate and municipal debt issues, and money market instruments (from over 100 countries) that DTC’s participants (“Direct Participants”) deposit with DTC. DTC also facilitates the post trade settlement among Direct Participants of sales and other securities transactions in deposited securities, through electronic computerized book-entry transfers and pledges between Direct Participants’ accounts. This eliminates the need for physical movement of securities certificates. Direct Participants include both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, clearing corporations, and certain other organizations. DTC is a wholly-owned subsidiary of The Depository Trust & Clearing Corporation (“DTCC”). DTCC is the holding company for DTC, National Securities Clearing Corporation and Fixed Income Clearing Corporation, all of which are registered clearing agencies. DTCC is owned by the users of its regulated subsidiaries. Access to the DTC system is also available to others such as both U.S. and non-U.S. securities brokers and dealers, banks, trust companies, and clearing corporations that clear through or maintain a custodial relationship with a Direct Participant, either directly or indirectly (“Indirect Participants”). DTC has a Standard & Poor’s rating of “AA+.” The DTC Rules applicable to its Participants are on file with the Securities and Exchange Commission. More information about DTC can be found at www.dtcc.com. Purchases of Bonds under the DTC system must be made by or through Direct Participants, which will receive a credit for the Bonds on DTC’s records. The ownership interest of each actual purchaser of each Bond (“Beneficial Owner”) is in turn to be recorded on the Direct and Indirect Participants’ records. Beneficial Owners will not receive written confirmation from DTC of their purchase. Beneficial Owners are, however, expected to receive written confirmations providing details of the transaction, as well as periodic statements of their holdings, from the Direct or Indirect Participant through which the Beneficial Owner entered into the transaction. Transfers of ownership interests in the Bonds are to be accomplished by entries made on the books of Direct and Indirect Participants acting on behalf of Beneficial Owners. Beneficial Owners will not receive Bonds representing their ownership interests in Bonds, except in the event that use of the book-entry system for the Bonds is discontinued. Packet Pg.2163 G-2 To facilitate subsequent transfers, all Bonds deposited by Direct Participants with DTC are registered in the name of DTC’s partnership nominee, Cede & Co., or such other name as may be requested by an authorized representative of DTC. The deposit of Bonds with DTC and their registration in the name of Cede & Co. or such other DTC nominee do not affect any change in beneficial ownership. DTC has no knowledge of the actual Beneficial Owners of the Bonds; DTC’s records reflect only the identity of the Direct Participants to whose accounts such Bonds are credited, which may or may not be the Beneficial Owners. The Direct and Indirect Participants will remain responsible for keeping account of their holdings on behalf of their customers. Conveyance of notices and other communications by DTC to Direct Participants, by Direct Participants to Indirect Participants, and by Direct Participants and Indirect Participants to Beneficial Owners will be governed by arrangements among them, subject to any statutory or regulatory requirements as may be in effect from time to time. Beneficial Owners of Bonds may wish to take certain steps to augment the transmission to them of notices of significant events with respect to the Bonds, such as prepayments, tenders, defaults, and proposed amendments to the Bond documents. For example, Beneficial Owners of Bonds may wish to ascertain that the nominee holding the Bonds for their benefit has agreed to obtain and transmit notices to Beneficial Owners. In the alternative, Beneficial Owners may wish to provide their names and addresses to the registrar and request that copies of notices be provided directly to them. Redemption notices shall be sent to DTC. If less than all of the Bonds within a maturity are being prepaid, DTC’s practice is to determine by lot the amount of the interest of each Direct Participant in such maturity to be redeemed. Neither DTC nor Cede & Co. (nor any other DTC nominee) will consent or vote with respect to Bonds unless authorized by a Direct Participant in accordance with DTC’s MMI Procedures. Under its usual procedures, DTC mails an Omnibus Proxy to the City as soon as possible after the record date. The Omnibus Proxy assigns Cede & Co.’s consenting or voting rights to those Direct Participants to whose accounts Bonds are credited on the record date (identified in a listing attached to the Omnibus Proxy). Redemption proceeds, distributions, and dividend payments on the Bonds will be made to Cede & Co., or such other nominee as may be requested by an authorized representative of DTC. DTC’s practice is to credit Direct Participants’ accounts upon DTC’s receipt of funds and corresponding detail information from the City or the Fiscal Agent, on payable date in accordance with their respective holdings shown on DTC’s records. Payments by Participants to Beneficial Owners will be governed by standing instructions and customary practices, as is the case with securities held for the accounts of customers in bearer form or registered in “street name,” and will be the responsibility of such Participant and not of DTC, the Fiscal Agent, or the City, subject to any statutory or regulatory requirements as may be in effect from time to time. Payment of redemption proceeds, distributions, and dividend payments to Cede & Co. (or such other nominee as may be requested by an authorized representative of DTC) is the responsibility of the City or the Fiscal Agent, disbursement of such payments to Direct Participants will be the responsibility of DTC, and disbursement of such payments to the Beneficial Owners will be the responsibility of Direct and Indirect Participants. A Bond Owner shall give notice to elect to have its Bonds purchased or tendered, through its Participant, to the Fiscal Agent, and shall effect delivery of such Bonds by causing the Direct Participant to transfer the Participant’s interest in the Bonds, on DTC’s records, to the Fiscal Agent. The requirement for physical delivery of Bonds in connection with an optional tender or a mandatory purchase will be deemed satisfied when the ownership rights in the Bonds are transferred by Direct Participants on DTC’s records and followed by a book- entry credit of tendered Bonds to the Fiscal Agent’s DTC account. DTC may discontinue providing its services as depository with respect to the Bonds at any time by giving reasonable notice to the City or the Fiscal Agent. Under such circumstances, in the event that a successor depository is not obtained, physical certificates are required to be printed and delivered. Packet Pg.2164 G-3 The City may decide to discontinue use of the system of book-entry only transfers through DTC (or a successor securities depository). In that event, Bonds will be printed and delivered to DTC. THE FISCAL AGENT, AS LONG AS A BOOK-ENTRY ONLY SYSTEM IS USED FOR THE BONDS, WILL SEND ANY NOTICE OF REDEMPTION OR OTHER NOTICES TO OWNERS ONLY TO DTC. ANY FAILURE OF DTC TO ADVISE ANY DTC PARTICIPANT, OR OF ANY DTC PARTICIPANT TO NOTIFY ANY BENEFICIAL OWNER, OF ANY NOTICE AND ITS CONTENT OR EFFECT WILL NOT AFFECT THE VALIDITY OF SUFFICIENCY OF THE PROCEEDINGS RELATING TO THE REDEMPTION OF THE BONDS CALLED FOR REDEMPTION OR OF ANY OTHER ACTION PREMISED ON SUCH NOTICE. Packet Pg.2165 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager By: Barbara Whitehorn, Agency Director of Administrative Services Department:Human Resources Subject:Agreement with the Counseling Team International for the Employee Assistance Program (All Wards) Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a professional services agreement with The Counseling Team International for an Employee Assistance Program. Background The City’s agreement with The Counseling Team International, Inc. (“TCTI”) for an Employee Assistance Program (“EAP”) service expired June 30, 2022. A Request for Proposal (“RFP”) was opened to obtain vendor bids for an Employee Assistance Program. The RFP yielded one (1) response from a qualified bidder, The Counseling Team International, Inc. An EAP is designed to assist all employees, retirees (within 12 months of retirement) and their eligible dependents (i.e., spouse and children) in resolving personal and/or work-related problems. These programs are crucial to an employee’s overall well-being as the effects of personal and/or work-related issues can significantly impact a person’s ability to carry out everyday tasks and performance on the job. Services are accessible 24 hours a day, 7 days a week, 365 days of the year, conducted in complete confidentiality and offered at no cost. Packet Pg.2166 Discussion TCTI has provided Personnel Support Services, and Counseling for the City of San Bernardino for thirty-two (32) years. Continuing the relationship with TCTI will allow employees and their dependents to receive undisrupted service with their trusted counselor on matters including but not limited to: Domestic Abuse Anxiety/Panic Attacks Substance Abuse Separation/Divorce Critical Incident/Trauma Stress/Burnout Legal Problems TCTI has provided service to many local and national municipalities for over 35 years. Their scope of work includes the following: Initial Assessments Create and administer treatment plans Provide counseling services Furnish referrals when appropriate Provide Critical Incident Intervention/Debriefing Services Access to 24-hour crisis hot line Conduct educational seminars upon request Host annual orientation training An EAP can minimize risk and litigation exposure by reducing health care costs, Workers' Compensation claims, accidents, and grievances. EAP can lead to improvements in employee quality of life by providing them with easily accessible assistance to prevent, manage, and resolve problems. Many City employees attest to the benefits and services rendered by TCTI. 2021-2025 Strategic Targets and Goals The request to enter into a professional services agreement for an Employee Assistance Program aligns with Key Target No. 1.e.: Improved Operational & Financial Capacity, minimize risk and litigation exposure. The EAP provides employees tools that minimize risk by assisting employees in successfully managing and navigating life events and improving overall quality of life. Fiscal Impact The Employee Assistance Program is funded in the FY 2022/23 Operating Budget in the Workers Compensation Fund. Conclusion Packet Pg.2167 It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute a professional services agreement with The Counseling Team International for an Employee Assistance Program. Attachments Attachment 1 - PSA TCTI Ward: All Wards Synopsis of Previous Council Actions: June 20, 2018 Mayor and City Council adopted Resolution No. 2018-170, approving the Vendor Services Agreement between The Counseling Team International and the City of San Bernardino. July 22, 2014 Mayor and City Council adopted Resolution No. 2014- 274, authorizing the execution of a consultant services agreement between The Counseling Team International and the City of San Bernardino. Packet Pg.2168 1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNSELING TEAM INTERNATIONAL This Agreement is made and entered into as of August 1, 2022 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 The Counseling Team International, a Corporation, with its principal place of business at 1881 Business Center Drive, Suite 11 & 12, San Bernardino, CA 92423 (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: Employee Assistance 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. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 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. 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 DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2169 2 Consultant under this Agreement exceed the sum of $98,000.00. This amount is to cover all related costs, and the city will not pay any additional fees for printing expenses. Consultant may submit 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 warrant ed, 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. a. Adjustments. No retroactive price adjustments will be considered. Additionally, no price increases will be permitted during the first year of this Agreement, unless agreed to by City and Consultant in writing. Annual increases shall not exceed the percentage change in the Consumer Price Index- All urban consumers, All Items - (Series ID# CUURS49CSA0) Riverside-San Bernardino – Ontario, CA areas for the twelve (12) month period January through January immediately preceding the adjustments and be subject to City’s sole discretion and approved (if needed) for budget funding by the City Council. The annual rate adjustment will be capped at 3%. 6. Term. This Agreement shall commence on July 1, 2022 and continue through May 31, 2027 (“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 f or 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. DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2170 3 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 a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare, and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, gi ve written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions 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. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work and meet the Key Performance Indicators, attached hereto as Exhibit “B: and incorporated herein by this reference 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 DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2171 4 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 subconsultants as consultant may deem appropriate to assist in the performance of servic es 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. Any personnel performing the work governed by this Agreement on behalf of consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance. 16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured 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. DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2172 5 (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following: Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following: (1) Bodily Injury and Property Damage (2) Personal Injury/Advertising Injury (3) Premises/Operations Liability (4) Products/Completed Operations Liability (5) Aggregate Limits that Apply per Project (6) Explosion, Collapse and Underground (UCX) exclusion deleted (7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage (9) Independent Consultants Coverage (iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement. (v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. c. Automobile Liability (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 automobil e 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. DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2173 6 (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. Privacy/Network Security (Cyber) At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required (i) The following insurance limits are required for the Agreement: Combined Single Limit DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2174 7 Commercial General Liability $2,000,000 per occurrence/$4,000,000 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) Cyber Liability $1,000,000 per occurrence and aggregate (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. i. 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 additiona l 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. j. 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 DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2175 8 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. (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. k. Qualifying Insurers (i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: (1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. l 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 DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2176 9 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. (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. m. 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 comm ercial 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 perfo rmance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the city. 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. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement . b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2177 10 court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault. 18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the 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 subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). 19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same. 20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California. 21. Termination or Abandonment a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs 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. DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2178 11 b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar da ys’ 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 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 Nancy K. Bohl-Pernod 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: CITY: CONSULTANT: DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2179 12 City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: René Anderson, Director of Human Resources With Copy To: City of San Bernardino Vanir Tower, 290 North D Street San Bernardino, CA 92401 Attn: City Attorney The Counseling Team International 1881 Business Center Drive, Suite 11 San Bernardino, CA 20408 Attn: Nancy K. Bohl-Penrod, Director 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 hereu nder. 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. DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2180 13 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 o f 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 a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement. 39. City’s Right 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 bou nd to the provisions of this Agreement. 43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. 44. Disciplinary Actions in Phases for Non-Performance. Failure for Consultant to perform its obligations under this Agreement or comply with the Performance Indicators DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2181 14 may result in disciplinary action as follows: (i) Informal Warning (Written or Verbal). Consultant is given a warning in regard to non-performance. If a verbal warning is issued, it will be confirmed with an electronic correspondence to the Consultant. (ii) Formal Written Warning. A formal written warning is issued to Consultant pursuant to Section 29 of this Agreement. Consultant must respond withi n 5 to 10 days of receipt of the formal warning. Upon response from the Consultant, Consultant shall be provided a reasonable time to make corrections to their performance. This time period (iii) Formal Penalty Issued. A penalty of 15% of the Consultant’s current invoice amount or annual contract amount is deducted for non -performance after previous warnings have been issued. (iv) Termination of Contract. If the performance has not been corrected after all warnings and previous penalties have been exhausted, City may terminate the contract pursuant to Section 21 of this Agreement. [SIGNATURES ON FOLLOWING PAGE] DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2182 15 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE COUNSELING TEAM INTERNATIONAL IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY OF SAN BERNARDINO APPROVED BY: Robert D. Field City Manager ATTESTED BY: Genoveva Rocha, CMC City Clerk APPROVED AS TO FORM: Best Best & Krieger LLP City Attorney THE COUNSELING TEAM INTERNATIONAL Signature Name Title DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Julie Koot CFO Packet Pg.2183 16 EXHIBIT A SCOPE OF SERVICES/COMPENSATION SCHEDULE The consultant shall provide the following services: Counseling Services The consultant shall provide confidential short-term counseling services the City personnel and eligible dependents. The Mental Health Professional (MHP) will determine on a case-by-case at some point in counseling, if the issues require long- term treatment (i.e.: acute or chronic emotional disorders that require ongoing treatment) then the MHP will refer accordingly. Counseling services shall be available to provide employee counseling services in a convenient and timely manner. To make an appointment an employee or elig ible dependents may call the office between the hours of 7:30am to 4:30pm Monday through Friday. An Employee or eligible dependent will come to the office at the prescribed time where their counseling session will take place. When an emergency takes place, the consultant will provide a 24-hour answering service and all mental health professionals are equipped with cell phones. The consultant offers these services through the Inland Empire and in the counties of Los Angeles, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, and Ventura. Assessment, Treatment and Referral The consultant shall provide assessment, treatment and referral for employees and their eligible dependents. If a referral is indicated, the consultant shall determine which referral sources will be most appropriate to meet the needs of an employee or eligible dependent and shall assist them by providing at least three referral choices. Referrals shall be made within two days of the initial assessment. TCTI shall assist a City employee or eligible dependent in accessing a referral source and shall provide follow- up within thirty days to determine whether services have been received and if the referral was appropriate and useful. Confidentiality The consultant shall maintain the confidentiality of all City employees and eligible dependents that utilized the consultant’s services. Confidentiality means that all personal information parted will be respected and safeguarded and may only be used in a responsible manner for helping in rehabilitating the employee and eligible dependent . The consultants’ records are kept secure in accordance with our Professiona l Code of Ethics, Federal Regulations and State laws. All records are located in our “Headquarters office” locked in filing cabinets. We also have a top-of-the-line alarm system installed, which protects our records. The consultant will not reveal names or identities of City employees or eligible dependents. The consultant is HIPPA compliant. Critical Incident Intervention/Critical Incident Debriefing Services: DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2184 17 The consultant shall provide on-site Mental Health Professional’s to conduct Critical Incident Intervention/Critical Incident Debriefing Services to the City. These services will include defusings, debriefings, consultations, crisis management briefings, demobilizations and psychological first aid to affected personnel, management and/or families. All crisis intervention services provided by the Counseling Team International Mental Health Professionals will have the skills and knowledge required by the professional standards and best practices of the International Critical Incident Stress Foundation (ICISF). The consultant shall be available by being available 24 hours a day, 7 days a week, 365 days a year “Stand by Status” (SBS) for immediate intervention for those who are identified as being in crisis by the City, the consultant will provide a Mental Health Professional on-site within two hours of the City’s request. Initial Call The consultant shall provide Stand-by-Status, by being available 24 hours a day, 7 days a week, 365 days a year for calls that required immediate attention. The consultants’ staff can be reached by calling 1-800-222-9691. During business hours, calls will be answered by a member of the consultants’ clerical staff who has been trained in crisis intervention. The clerical staff will assure that a qualified MHP will respond to the campus/home/command center, as requested. All after-hour calls will be automatically transferred to the consultants answering service. The caller will be assured that a MHP will return the call within 15 minutes and will render the services that are requested by the district. Those services may be one of the following i.e., One -on-One, Defusings, Debriefings, Rest Information Transition Services (RITS), Crisis Management Briefings (CMB), Psychological First Aid, counseling and/or phone consultation Critical Incident Debriefing: The consultant follows the Critical Incident Stress Foundation (ICISF) protocol. All of the consultants’ responders hold ICISF certificates which meets the requirements for “standard of care”. Arrival Once on scene the MHP will consult with the contact supervisor/employee and make decisions regarding how the incident will be handled. Depending on the natu re of the incident it may be individual one-on-one or group debriefings and/or defusings. The consultant may decide to go to an employee’s home, to the command post to provide the necessary support. Group for the debriefing process in order to avoid any ne gative or adverse reactions. A Critical Incident Stress Debriefing may last between 1 to 3 hours, depending on the number of people in the group and the nature of the event. More intense events may generate stronger emotional reactions which may make it more difficult for individuals to express their feelings. Monitoring and follow-up DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2185 18 Follow-up sessions after other critical incidents are at the discretion of the treating MHP. In addition, the Director calls the contract supervisor to get feedback regarding the consultants respond to the Critical Incident debriefing. Through this monitoring of the consultants response, the Director is able to provide quality control. COMPENSATION SCHEDULE Title Description Unit of Measure Rate Short-term in-house sessions Employee Support Services will be charged on a “fee for services” basis. Per Counseling Session $90.00 Supervisor Referrals/Consultations Provides consultations with supervisor regarding problem employee and/or any aspect of the Employee Support Services Included in Short-term In-house Session $0.00 Follow-up Sessions For employees involved in Critical Incidents Included in Short-term In-house Session $0.00 Health Fair Consultant will attend one health fair per year at no charge as determined by the City N/A $0.00 All services above will not exceed the annual amount of $48,000. Critical Incident Intervention Provide Stand by Status (SBS) 24/7/365 Critical Incident Debriefing services. Response time is normally within two hours of the call, depending on the location of the incident. Per Hour Port-to-port (costs will not occur unless services are provided) $225.00 Training/Brown Bags Provide a wide variety of training classes. POST/STC certified classes will be billed at the POST/STC rate for POST/STC training being requested Per Hour Per Hour for travel (costs will not occur unless services are provided). $150.00 $50.00 Training Provide a wide variety of training classes Per Hour Per Hour for travel $175.00 $65.00 DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2186 19 Training Day Rate Day rate training is a flat rate that includes the travel Day Rate Half-Day Rate (4-Hours) $1,500.00 $800.00 24 participants minimum if hosting a training. The training can be opened to outside agencies 3-Day Basic Peer Support (POST Plan III) Per student $299.00 2-Day Basic Critical Incident Stress Management (CISM) Per student $199.00 2-Day Advanced Peer Support Per student $199.00 Peer Support Consultation Per Hour $175.00 Peer Support Meeting Quarterly Per Hour Per Hour for Travel $175.00 $65.00 Peer Support Candidate Interviews Per Hour Per Hour for Travel $175.00 $65.00 Meditation Course 6 week online self-paced course that teaches the how, the why, the when, and the benefits of mediation Per Person $50.00 Retire Well Course Is for First Responders who have retired in the last 5 years or are planning to retire within 5 years. This course provides tools to rediscover their identity, purpose, security, and acceptance upon retirement as well as improve quality of life and adaption, making the unknown know Per Person $750.00 Retreats Reflection and Restoration (Peer Support Retreat): R&R Retreat combines insight, education, and a fluid systemic approach designed to debrief, and to bring relief, peace, and purpose back into daily living, the goal is to guide you on to a path of self-care and realistic goals that will improve your life, your job, and your family Per Attendee (2 ½ Day Retreat) $2,000.00 DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2187 20 The Janus Project (Trauma Retreat): is designed to help those who have experienced traumatic events and/or have been affected by personal difficulties during their career through workshops, therapy, and experiential activities. The experience will address sensory overload, fear, shock, nightmare, anger, disbelief, sleep problems, frustration, and other unresolved issues Per Attendee (5 ½ Day Retreat) $5,500.00 Sage Retreat: explores the cost and rewards of being the spouse/partner of a First Responder. This journey will help participants navigate the pride, confusion, fear, frustration, exhaustion, and lack of acknowledgment so often experienced for partners and spouses. The focus is to help guide participants on a path of self-care and realistic goals that will improve their life, marriage, and family by improving resiliency, conflict resolution skills, and personal restoration. Per Attendee (3 ½ Day Retreat) $3,500.00 Behavioral Care System Development Will assess, present best practices, and partner with the City to create, implement, provide, and monitor a comprehensive Behavioral Care System to effectively support personnel with their personal and departmental behavioral health and wellness needs. We will do this by establishing clear goals and comprehensive solution based on the department’s needs and aid with assessing, building, and implementing a Behavioral Care Assistance system. Project Based or Hourly Consulting Per Hour $400.00 Total Estimated Cost for Optional Training $50,000 Total Annual Cost Combined: $98,000.00 DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2188 21 EXHIBIT B KEY PERFORMANCE INDICATORS OR PERFORMANCE REQUIREMENTS 1. Performance Expectations  A Performance Measurement Plan (“Performance Plan”) will be developed by the City Human Resources Department and will be reviewed on a quarterly basis.  Consultant will track and document all performance measures identified in the Performance Plan. Measures will include, but a not limited to the measures listed below:  Consultant will develop and distribute, electronically, a monthly summary report showing the current status and 12-month trend of each performance measure  Consultant will attend quarterly meetings scheduled by the City Human Resources Department and present and discuss performance measures  Consultant will track all cost savings for all orders requested by Waste Resources and will report their total Cost Savings on a quarterly basis 2. Performance Measures 1. Safety: a. Definition: the condition of being protected from or unlikely to cause danger, risk, or injury b. Safety Measures is related to PW projects when a contractor is conducting work on a county facility and/or delivery materials and services to a county facility 2. Quality: a. Definition: the standard of something as measured against other things of a similar kind; the degree of excellence of something. b. Quality Measure is related to final result of a product or service. Ex. was the monitor installed correctly, crooked, upside down? Were monthly/annual inspections done correctly/on time, were they incomplete. 3. Cost Savings: a. Definition: a reduction in expenses, especially in business b. Cost Savings Measure is related savings that a vendor makes and passes on to the County. 4. On-Time Delivery: a. Definition: On Time Delivery or OTD refers to a key performance indicator measuring the rate of finished product and deliveries made in time. This rate is expressed in a total number of units delivered within a set period defined by the customer and the supplier. DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2189 22 b. On-Time Delivery measure is related to service contracts, were the samples delivered on time to the lab. This can also refer to pick-up services such as with environmental contracts that deal with hazardous samples DocuSign Envelope ID: 316C58E9-760B-416D-BC80-276806B5A058 Packet Pg.2190 Page 1 3 6 0 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager Barbara Whitehorn, Agency Director of Administrative Services Department:Human Resources Subject:Adopt Resolution No. 2022-149 Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23- 24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 and approving an Agreement with George Hills for General Liability Third Party Administrator Services (All Wards). Recommendation Authorize the City Manager to enter into an Agreement with George Hills for General Liability Third Party Administrator Services and Adopt Resolution No. 2022-149 Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23- 24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 (All Wards). Background The City of San Bernardino has used a third-party administrator (TPA) for general liability claims since 2013. The existing contract with the City’s current TPA expired on June 30, 2022. Staff prepared a Request for Proposal (RFP) that garnered two responses from Bidders, one from the City’s existing TAP, Carl Warren, and one from George Hills. The bids were evaluated with the cost of both the contract and the quality of claims service, and George Hills was selected to be the City’s TPA for general liability claims administration services. Discussion George Hills Company has provided liability and property claims administration Packet Pg.2191 Page 2 3 6 0 services to the public sector for nearly four decades. In addition to third-party claims administration, they provide subrogation recovery, and investigative services. Today, they work with more public entities in California than any other TPA, primarily in the northern and central state areas. Their commitment to superior customer service is bolstered by their highly qualified staff, who has specialized in multi-line claims adjusting (property and liability). George Hills’ emphasis on high quality public entity adjusters and their reputation for excellent client service has led them to the forefront for California Public Entities property and liability claims management. George Hills recognizes and has the program in place to manage the claims for the City. Their approach as a TPA for California municipalities is based on their commitment to protect the assets of their clients. Their goal is to reduce the number of claims and claims paid amounts by identifying cost drivers, performance gaps, and opportunities for cost reduction. Their approach to fulfilling client needs stem from their company’s experience, values, personnel, and their best practices approach to claims handling. To George Hills, customer satisfaction is paramount and one of their core values; one which guides them in all that they do. George Hills was the more expensive option of the two respondent bidders. However, this TPA offers several enhancements above the competitor. George Hills developed their own comprehensive and effective public entity claims training program titled George Hills Claims University (GHCU); the first and only TPA to launch its own learning program. Managed through a Learning Management System, GHCU provides continuous matriculation for their employees, their clients, and soon the general public. Their trademarked iMetrics reports gives their clients unique access to the claims process at every stage and allows clients to run customized reports. George Hills has also developed a client facing portal, which provides dashboards and secure online areas for file sharing and collaboration. In addition, they have in-house attorneys accessible and routinely utilized by their claims adjusters and are available to assist their clients. Lastly, all six of George Hills’ references gave them excellent reviews, praising their service and responsiveness, knowledge, and overall handling of general liability claims. 2021-2025 Strategic Targets and Goals The request to enter into a professional services agreement for general liability TPA services aligns with Goal No. 1.e.: Minimize risk and litigation exposure. The City’s TPA acts as an extension of the risk management division by providing experienced adjusters that work swiftly to help minimize liability exposure through proactive claim investigations, negotiations, and lower settlement payouts and costs. Packet Pg.2192 Page 3 3 6 0 Fiscal Impact Conclusion Authorize the City Manager to enter into an Agreement with George Hills for General Liability Third Party Administrator Services and Adopt Resolution No. 2022-149 Authorizing the Agency Director of Administrative Services to Amend the FY 2022/23- 24 Liability Fund Budget in the amount of $363,000 for both FY 2022/23 and 2023/24 (All Wards). Attachments Attachment 1- Resolution No. 2022-149 Budget Amendment George Hills Attachment 2- PSA George Hills Ward: All Wards Synopsis of Previous Council Actions: June 20, 2018 Mayor and City Council adopted Resolution No. 2018-168, approving the Vendor Services Agreement between Carl Warren & Company and the City of San Bernardino for Third Party Administrative (TPA) Services for General Liability. December 3, 2013 Mayor and City Council adopted Resolution No. 2013-331, approving an agreement with Carl Warren & Company. FINANCIAL DATA Current Fiscal Year:Next Fiscal Year:Total Cost:Ongoing Cost: COST $ 363,000 $ 363,000 $ 726,000 $ 475,000 GENERAL FUND SHARE $ 0 $ 0 $ 0 $ 0 SOURCE OF FUNDS: This action requires a Budget Amendment to the Liability Fund in the Amount of $363,000 for FY 2022/23 and 2023/24, with an ongoing cost of $475,000 per year. Budget Adjustment: Yes For Fiscal Year: 22/23 Packet Pg.2193 Page 4 3 6 0 Packet Pg.2194 Resolution No. 2022-149 Resolution 2022-149 July 20, 2022 Page 1 of 3 3 3 3 RESOLUTION NO. 2022-149 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE AGENCY DIRECTOR OF ADMINISTRATIVE SERVICES TO AMEND THE LIABILITY FUND BIENNIAL BUDGET FOR 2022/23-24 BY $363,000 FOR BOTH FY 2022/23 AND 2023/24. WHEREAS, the City of San Bernardino uses a third party administrator for general liability claims administration; and WHEREAS, through a Request for Proposal process, George Hills was selected as the most responsive and responsible bidder; and WHEREAS, there is adequate fund balance in the Liability Fund to cover the proposed increase. 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 Agency Director of Administrative Services is authorized to amend the Liability Fund Budget for FY 2022/23 and 2023/24. SECTION 3. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 5. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. Packet Pg.2195 Resolution No. 2022-149 Resolution 2022-149 July 20, 2022 Page 2 of 3 3 3 3 John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.2196 Resolution No. 2022-149 Resolution 2022-149 July 20, 2022 Page 3 of 3 3 3 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-149 adopted at a regular meeting held on the 20th day of July 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.2197 4 1 7 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Daniel Hernandez, Agency Director of Public Works, Operations, and Maintenance Department:Public Works Subject:Five-Year Capital Improvement Program FY 2022/23 to FY 2026/27 for Measure I Local Expenditures (All Wards) Recommendation Adopt Resolution No. 2022-150 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2022/23 through Fiscal Year 2026/27 and Measure I Expenditure Strategy. Background In November 1989, voters approved Measure I authorizing the San Bernardino County Transportation Authority (SBCTA) to impose a one-half of one percent retail transaction and use tax. This tax was applicable throughout the County for a period of 20 years beginning April 1, 1990 and extending to March 31, 2010 and is commonly known as the 1/2-Cent Sales and Road Tax (Measure I). In November 2004, voters approved an extension of the 1/2-cent sales tax for an additional 30 years from April 1, 2010, through March 31, 2040. To distinguish the two programs, they are being referenced as Measure I 1990-2010 and Measure I 2010-2040. Discussion The City is required to adopt a Measure I Five Year Capital Improvement Program annually. This program must identify projects, the estimated Measure I expenditures on these projects, and a brief description of project and program to be undertaken. This is an administrative requirement for both the original and subsequent voter approved measures. Local street project funds can be used flexibly for any eligible transportation purpose determined to be a local priority, including local streets, major highways, state highway Packet Pg.2198 4 1 7 improvements, transit, and other improvements/programs to maximize use of transportation facilities. Expenditure of local street project funds shall be based upon a Five-Year Measure I Capital Improvement Plan (MICIP) adopted annually by the governing body of each jurisdiction after being made available for public review and comment. The Five-Year MICIP only relates to the expenditure of Measure I funds, and each agency is required to update their program annually. If approved, the City would be committed to expending funds in accordance with the first year of the Five-Year Plan. The second through fifth years are estimates for planning purposes and the Program will be evaluated annually to update projects and estimates identified for future years. In addition to obtaining approval for the proposed Five-Year MICIP for FY 2022-2027, the proposed Resolution includes language asserting that the City of San Bernardino will meet its base year level Maintenance of Effort for FY 2022/23. Pursuant to Policy VLS-25 of the Measure I Strategic Plan, jurisdictions shall annually provide a statement in the resolution of the governing body adopting the Five-Year CIP that acknowledges the jurisdiction will maintain General Fund expenditures for transportation related construction and maintenance activities at the required levels to meet base year level in that fiscal year. City staff is recommending approval of the proposed Five-Year MICIP for FY 2022- 2027 (Attachment 2, Exhibit A). The projects shown in the five years of the MICIP reflect the projects and budget amounts included in the City's previously adopted Capital Improvement Program budget. However, only projects in the first year of the budget are funded in FY 2022/23. The City is projected to receive $5,549,282 in Measure I pass-thru funds for fiscal year 2022/23 and Exhibit A indicates the way those funds have been allocated in the City’s Capital Improvement Budget. The proposed projects were selected based upon need for and importance of the City’s roadway network. Changes to the Program during the year are permitted, subject to approval of plan amendments by resolution of the Mayor and City Council. SBCTA also requires the local agencies to provide an "Expenditure Strategy." Attached is a copy of the proposed strategy (Attachment 3, Exhibit B) for FY 2022/23. The projects shown in the attached Five-Year Measure I Capital Improvement Program is consistent with the approved Capital Improvement Program and the Public Works Department Work Plan. 2021-2025 Strategic Targets and Goals The Measure I Five-year CIP is consistent with Key Target No 1d: Improved Operational & Financial Capacity - Create a framework for spending decisions as it reflects the most current and highest priority need for use of Measure I Funds in the 2022/23 fiscal year. Packet Pg.2199 4 1 7 Fiscal Impact There is no General Fund Impact. The projects listed in the proposed Five-Year MICIP Fiscal Year 2022/23-2026/27 for Measure I Local Expenditures for the City of San Bernardino have previously been identified in the City's Capital Improvement Program. Conclusion Adopt Resolution No. 2022-150 of the Mayor and City Council of the City of San Bernardino, California, approving the Measure I Five-Year Capital Improvement Plan for Fiscal Year 2022/23 through Fiscal Year 2026/27 and Measure I Expenditure Strategy. Attachments Attachment 1 Resolution No. 2022-150 Attachment 2 Measure I Five Year Capital Improvement Plan (MICIP) Attachment 3 Measure I Five Year Capital Improvement Plan Expenditure Strategy Ward: All Wards Synopsis of Previous Council Actions: November 15, 2012 Resolution No. 2012-258 adopted the Five-Year Measure I Capital Improvement Program for FY 2012-2017. October 21, 2013 Resolution No. 2013-296 adopted the Five-Year Measure I Capital Improvement Program for FY 2013-2018. October 20, 2014 Resolution No. 2014-374 adopted the Five-Year Measure I Capital Improvement Program for FY 2014-2019. December 7, 2015 Resolution No. 2015-273 adopted the Five-Year Measure I Capital Improvement Program for FY 2015-2020. March 20, 2017 Resolution No. 2017-047 adopted the Five-Year Measure I Capital Improvement Program for FY 2016-2021. February 7, 2018 Resolution No. 2018-031 adopted the Five-Year Measure I Capital Improvement Program for FY 2017-2022. August 15, 2018 Resolution No. 2018-235 adopted the Five-Year Measure I Capital Improvement Program for FY 2018-2023. June 5, 2019 Resolution No. 2019-083 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2018-2023. Packet Pg.2200 4 1 7 July 17, 2019 Resolution No. 2019-172 adopted the Five-Year Measure I Capital Improvement Program for FY 2019-2024. June 3, 2020 Resolution No. 2020-115 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2019-2024. June 17, 2020 Resolution No. 2020-143 adopted the Five-Year Measure I Capital Improvement Program for FY 2020-2025. June 16, 2021 Resolution No. 2021-130 adopted the Revised Five-Year Measure I Capital Improvement Program for FY 2020-2025 Packet Pg.2201 Resolution 2022-150 Resolution No. 2022-150 July 20, 2022 Page 1 of 3 4 2 1 RESOLUTION NO. 2022-150 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA APPROVING THE MEASURE I FIVE-YEAR CAPITAL IMPROVEMENT PLAN FOR FISCAL YEAR 2022/23 THROUGH FISCAL YEAR 2026/27 AND MEASURE I EXPENDITURE STRATEGY WHEREAS, San Bernardino County voters approved passage of Measure I in November 2004, authorizing the San Bernardino County Transportation Authority to impose a one-half of one percent retail transactions and use tax applicable in the incorporated and unincorporated territory of the County of San Bernardino; and WHEREAS, Revenue from the tax can only be used for transportation improvement and traffic management programs authorized in the Expenditure Plans set forth in Ordinance No. 04- 01 of the Authority; and WHEREAS, the Strategic Plan requires each local jurisdiction applying for revenue from the Local Street Program to annually adopt and update a Five-Year Capital Improvement Plan; and WHEREAS, in compliance with Policy VLS-25 of the Measure I Strategic Plan, the City hereby acknowledges that it will maintain General Fund expenditures for transportation-related construction and maintenance activities at the required Maintenance of Effort (MOE) base year level for FY 2022/23. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Mayor and City Council of the City of San Bernardino hereby approves the Five-Year Capital Improvement Program (FY 2022-2027) for Measure I Local Expenditures (MICIP) attached hereto and incorporated herein as Exhibit ‘A’. SECTION 3. The Mayor and City Council of the City of San Bernardino hereby approves the Expenditure Strategy attached hereto and incorporated herein as Exhibit ‘B’. SECTION 4. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. Packet Pg.2202 Resolution 2022-150 Resolution No. 2022-150 July 20, 2022 Page 2 of 3 4 2 1 SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.2203 Resolution 2022-150 Resolution No. 2022-150 July 20, 2022 Page 3 of 3 4 2 1 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-150, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.2204 Resolution Number:Measure I Local Pass-through Program FIVE YEAR CAPITAL IMPROVEMENT PLAN Fiscal Years 2022/2023 thru 2026/2027 Jurisdiction: Resolution Approval Date:20-Jul-22 San BernardinoContact Person/Title:Alex Qishta Phone:9093835019 Email:qishta_al@sbcity.org 6/30/22 Carryover Balance $5,050,065.00 Is Project in City's Non-motorized Transportation Plan? (Yes/No) Does Project have an ATP Component? (Yes/No) Is the Project on the City's Nexus Study List? (Public/DIF Share %) Estimated Total Project Cost FY2022/23 Est. Revenue FY2023/24 Est. Revenue FY2024/25 Est. Revenue FY2025/26 Est. Revenue FY2026/27 Est. Revenue Total Est. Rev. $5,549,282 $5,585,131 $5,585,280 $5,632,243 $5,684,121 $28,036,057 Current Estimate Current Estimate Current Estimate Current Estimate Current Estimate Total Projects: University Parkway & I-215 Improvements No No 0.0%0.0%$850,000 $850,000 $0 $0 $0 $0 $850,000 Co-op with City of Highland for Pacific Street from Buckeye Street to Boulder Avenue – Remove & Replace (SS19-00)No No 0.0%0.0%$850,000 $850,000 $0 $0 $0 $0 $850,000 Citywide Pavement Rehabilitation - Slurry /Crack Seal No No 0.0%0.0%$5,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $1,000,000 $5,000,000 Pepper Ave. Rehabilitation from Baseline Rd. to Mill St.No No 0.0%0.0%$7,500,000 $7,500,000 $0 $0 $0 $0 $7,500,000 Street Rehabilitation co-op with the San Bernardino County at: Baseline Rd. from Conejo Dr. E to Glasgow Ave. Baseline Rd. from Yates St. to Del Rosa Dr. Fifth St. from Waterman Ave. E to Pedley Rd. Fifth St. from Pedley Rd. to Tippecanoe Ave. Third St. from Waterman Ave. to Tippecanoe Ave. Perris Hill Park Road from Gilbert St. N to Pacific St. Monterey Ave. from Waterman Ave. to Cooley St. Highland Ave. from Merito Pl. to Sterling Ave. Pacific St. from Perris Hill Pk Rd. to Fairfax Dr. No No 0.0%0.0%$1,450,000 $1,450,000 $300,000 $0 $0 $0 $1,750,000 Street Rehabilitation : 1- Belleview Street from Mt. Vernon Avenue to K Street 2- 27th Street from Davidson Avenue to Little Mountain Drive. 3- Temple Street from Medical Center Drive to End No No 0.0%0.0%$1,000,000 $1,000,000 $0 $0 $0 $0 $1,000,000 Belleview Reconstruction from Mt. Vernon to K Street No No 0.0%0.0%$215,000 $215,000 $0 $0 $0 $0 $215,000 27th Street Rehabilitation from Little Mountain Avenue to K Street No No 0.0%0.0%$165,000 $165,000 $0 $0 $0 $0 $165,000 Temple Street Rehabilitation from Medical Center Drive to end No No 0.0%0.0%$165,000 $165,000 $0 $0 $0 $0 $165,000 Pavement Management System No No 0.0%0.0%$1,000,000 $1,000,000 $0 $0 $0 $0 $1,000,000 0.0%0.0%$0 $0 $0 $0 $0 $0 $0 0.0%0.0%$0 $0 $0 $0 $0 $0 $0 0.0%0.0%$0 $0 $0 $0 $0 $0 $0 Projects Total:$14,195,000 $1,300,000 $1,000,000 $1,000,000 $1,000,000 $18,495,000 (Must not exceed 150% of Carryover Balance + Total Estimated Revenue)Total Programming is currently 56%Total Estimated Programming:$18,495,000 Page 1 of 1 Packet Pg.2205 1 0 3 CITY OF SAN BERNARDINO MEASURE I CAPITAL IMPROVEMENT PLAN EXPENDITURE STRATEGY Fiscal Year 2022/2023 to 2026/2027 The City of San Bernardino will continue to place emphasis on both its regional and sub-regional arterial roadway system. At least fifty percent of the City's Measure I allocation will be earmarked for specific capital projects that are geared toward improving traffic flow and motorist convenience. Failing pavement surfaces will be rehabilitated and traffic striping modified as needed to accommodate increased traffic demand; and intersection capacity will be improved with new and modified traffic signals. In addition to the above Capital Improvement Program, San Bernardino will continue to allocate up to fifty percent of its annual Measure I funds towards public works maintenance activities. Maintenance work will continue to include the City's traffic signal systems, sidewalk and curb repair, and pavement repair and overlay on the local street system. Packet Pg.2206 Page 1 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Cheryl Weeks, Council Administrative Supervisor Department:Council Office Subject:City Board, Commission, and Citizen Advisory Committee Minutes Approved in May/June 2022 Packet Pg.2207 Page 2 Recommendation: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in May and June 2022. 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 May and June 2022 are presented for review by the Mayor and City Council including the: 1. Arts and Historical Preservation Commission - May 16, 2022 2. Charter Review Committee - May 5, 2022 3. Downtown Advisory Committee - April 27, 2022 4. General Plan Advisory Committee – May 19, 2022 and June 9, 2022 5. Library Board - April 12, 2022 6. Planning Commission - April 12, 2022 and May 10, 2022 7. Public Safety and Human Relations Commission - April 11, 2022; and 8. Water Board - May 24, 2022. 2021-2025 Key Strategic Targets and Goals: Providing the agendas and minutes from each of the City’s Boards, Commissions and Citizen Advisory Committees to the Mayor and City Council is in alignment with Key Target Number 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent. Financial Impact: No fiscal impact to the City. Conclusion: It is recommended that the Mayor and City Council of the City of San Bernardino receive and file the minutes from the City board, commission, and citizen advisory committee meetings approved in May and June 2022. Attachments: Attachment 1 - City Board, Commission and Citizen Advisory Committee Meeting minutes approved in May and June 2022 Ward: All Wards Synopsis of Previous Council Actions: 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. Packet Pg.2208 Packet Pg.2209 Packet Pg.2210 Packet Pg.2211 Packet Pg.2212 Packet Pg.2213 Packet Pg.2214 Packet Pg.2215 Packet Pg.2216 Packet Pg.2217 Packet Pg.2218 Packet Pg.2219 Packet Pg.2220 Packet Pg.2221 Packet Pg.2222 Packet Pg.2223 Packet Pg.2224 Packet Pg.2225 Packet Pg.2226 Packet Pg.2227 Packet Pg.2228 Packet Pg.2229 Packet Pg.2230 Packet Pg.2231 Packet Pg.2232 Packet Pg.2233 Packet Pg.2234 Packet Pg.2235 Packet Pg.2236 Packet Pg.2237 Packet Pg.2238 Packet Pg.2239 Packet Pg.2240 Packet Pg.2241 Packet Pg.2242 Packet Pg.2243 Packet Pg.2244 Packet Pg.2245 Packet Pg.2246 Packet Pg.2247 Packet Pg.2248 Packet Pg.2249 Packet Pg.2250 4 1 8 CONSENT CALENDAR City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Genoveva Rocha, City Clerk Department:Office of the City Clerk Subject:Certifying Results of the Primary Municipal Election held on June 7, 2022 Recommendation Adopt Resolution No. 2022-151 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on June 7, 2022, certifying the election results and such other matters as provided by law. Background In accordance with Article 8, Section 800 of the City Charter, the City of San Bernardino shall consolidate the Primary Municipal Election and General Municipal Election with the State Primary and General Municipal Election every 2 years. On January 19, 2022, Resolution No. 2022-02 was approved by the Mayor and City Council, Calling a Primary Municipal Election. On June 7, 2022, the Primary Municipal Election was held by the San Bernardino County Registrar of Voters for the office of the Mayor, First Ward City Council Member, Second Ward City Council Member and Fourth Ward City Council Member for the City of San Bernardino. Discussion The Primary Municipal Election was conducted on June 7, 2022, by the San Bernardino County Registrar of Voters. The final results of the election were released by the Registrar of Voters on July 5, 2022. According to the Statement of Votes cast report provided by the Registrar of Voters, the City of San Bernardino has 101,601 registered voters. Of that total, 25,883 voted in the Primary Municipal Election, resulting in a 25.5% voter turnout. Packet Pg.2251 4 1 8 The Statement of Votes declares the following: Theodore Sanchez was re-elected as a Member of the City Council, Ward 1 Sandra Ibarra was re-elected as a Member of the City Council, Ward 2 Frederic Shorett was re-elected as a Member of the City Council, Ward 4 The following candidates received the highest percentage of votes for Mayor and will be entered into the General Municipal Run Off Election on November 8, 2022: Helen Tran with 41.65% James F. “Jim” Penman with 20.00% 2021-2025 Strategic Targets and Goals Certifying the results of the election aligns with Goal No. 2: Focused, Aligned Leadership and Unified Community. Fiscal Impact There is no fiscal impact by adopting this Resolution. Conclusion Adopt Resolution No. 2022-151 of the Mayor and City Council of the City of San Bernardino, California, reciting the facts of the Primary Municipal Election held on June 7, 2022, certifying the election results and such other matters as provided by law. Attachments Attachment 1 - Resolution No. 2022-151 Certifying the Results of the Primary Municipal Election Attachment 2 – Resolution No. 2022-151 Exhibit ‘A‘ - Final Certified Elections Results Attachment 3 - County of San Bernardino Certification of Elections Results of July 5, 2022 Ward All Wards Synopsis of Previous Council Actions On January 19, 2022, the Mayor and City Council adopted Resolution No. 2022-02, Calling a Primary Municipal Election. Packet Pg.2252 Resolution No. 2022-151 Resolution 2022-151 July 20, 2022 Page 1 of 4 4 3 2 RESOLUTION NO. 2022-151 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, RECITING THE FACTS OF THE PRIMARY MUNICIPAL ELECTION HELD ON JUNE 7, 2022, CERTIFYING THE ELECTION RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW. WHEREAS, the Primary Municipal Election was consolidated with the Statewide Primary Election and was conducted in the City of San Bernadino, California on Tuesday June 7, 2022, as required by law; and WHEREAS, notice of the election was given in the time, form and manner as provided by law; that voting precincts were properly established; that elections officers were appointed and that in all respects the election was held and conducted and the votes were cast, received, and canvassed and the returns made and declared in the time, form and manner as required by the provisions of the Elections Code of the State of California and the Charter of the City of San Bernardino for holding of elections; and WHEREAS, the Registrar of Voters of the County of San Bernardino canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as ‘Exhibit “A.” BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1.That the whole number of ballots cast in the City of San Bernardino was 25,883. SECTION 2.That the Names of Persons and the offices for which they were voted are as follows: For the Office of Member of the City Council Ward 1 Votes Theodore Sanchez 814 Gilberto Botello 645 For the Office of Member of the City Council Ward 2 Votes Sandra Ibarra 795 Terry Elliot 736 Alissa Payne 14 Packet Pg.2253 Resolution No. 2022-151 Resolution 2022-151 July 20, 2022 Page 2 of 4 4 3 2 For the Office of Member of the City Council Ward 4 Votes Frederic Shorett 2,188 Teresa Para Craig 1,599 Vince Laster 246 For the Office of the Mayor Votes Helen Tran 7,310 John Valdivia 2,970 James F. “Jim” Penman 3,510 Mohamad Khan 197 Treasure Ortiz 2,375 Henry Nickle 728 Gabriel Jaramillo 459 SECTION 3.That the number of votes given at each precinct and the number of votes given in the City to each of the persons above named for the respective offices for which the persons were candidates were as listed in Exhibit “A” attached. SECTION 4.Pursuant to San Bernardino Municipal Code section 2.56.040, the City Council does declare and determine that Theodore Sanchez was re-elected as a Member of the City Council to represent Ward 1 for the full term of four years; Sandra Ibarra was re-elected as a Member of the City Council to represent Ward 2 for the full term of four years; Frederic Shorett was re-elected as a Member of the City Council to represent Ward 4 for the full term of four years. The successful candidates shall be seated and shall begin their new term of service in December 2022. In addition, pursuant to San Bernardino Municipal Code Section 2.56.040, the City Council does declare and determine that the two candidates for the office of Mayor with the highest number of votes shall be entered into and appear on the ballot as the Mayoral candidates at the General Municipal Run Off Election to be held November 8, 2022, those candidates are Helen Tran and James F. “Jim” Penman. SECTION 5.The City Clerk shall enter on the records of the City Council of the City, a statement of the results of the election showing: (1) The whole number of ballots cast in the City; (2) The names of the persons voted for; (3) For What office each person was voted for; (4) The number of votes given at each precinct to each person. SECTION 6.That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Packet Pg.2254 Resolution No. 2022-151 Resolution 2022-151 July 20, 2022 Page 3 of 4 4 3 2 SECTION 7.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 8.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 9. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of July 2022. John Valdivia, Mayor City of San Bernardino Attest: Genoveva Rocha, CMC, City Clerk Approved as to form: Sonia Carvalho, City Attorney Packet Pg.2255 Resolution No. 2022-151 Resolution 2022-151 July 20, 2022 Page 4 of 4 4 3 2 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO ) I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2022-151, adopted at a regular meeting held on the ___ day of _______ 2022 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _____ _____ _______ _______ IBARRA _____ _____ _______ _______ FIGUEROA _____ _____ _______ _______ SHORETT _____ _____ _______ _______ REYNOSO _____ _____ _______ _______ CALVIN _____ _____ _______ _______ ALEXANDER _____ _____ _______ _______ WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2022. Genoveva Rocha, CMC, City Clerk Packet Pg.2256 Candidate Party Mail Ballot Designated Mail Ballot Polling Place Provisional Total JAMES F. "JIM" PENMAN 2,988 0 518 4 3,510 20.00% MOHAMMAD KHAN 177 0 19 1 197 1.12% HENRY GOMEZ NICKEL 622 0 103 3 728 4.15% JOHN VALDIVIA 2,707 0 258 5 2,970 16.92% TREASURE ORTIZ 2,069 0 297 9 2,375 13.53% GABRIEL JARAMILLO 400 0 58 1 459 2.62% HELEN TRAN 6,693 0 601 16 7,310 41.65% Total Votes 15,656 0 1,854 39 17,549 Mail Ballot Designated Mail Ballot Polling Place Provisional Total Unresolved Write-In 0 0 0 0 0 Mail Ballot Designated M Polling Place Provisional Total Times Cast 16,246 0 1,911 47 18,204 / 101,601 17.92% Undervotes 555 0 55 8 618 Overvotes 35 0 2 0 37 Precincts Reported: 203 of 203 (100.00%) City of San Bernardino Mayor (Vote for 1) Candidate Party Mail Ballot Designated Mail Ballot Polling Place Provisional Total THEODORE SANCHEZ 745 0 68 1 814 55.79% GIL J. BOTELLO 586 0 55 4 645 44.21% Total Votes 1,331 0 123 5 1,459 Mail Ballot Designated Mail Ballot Polling Place Provisional Total Unresolved Write-In 0 0 0 0 0 Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,459 0 133 5 1,597 / 11,825 13.51% Undervotes 128 0 10 0 138 Overvotes 0 0 0 0 0 Precincts Reported: 35 of 35 (100.00%) City of San Bernardino Member, City Council Ward 1 (Vote for 1) 7/5/2022 2:25:58 PMPage: 22 of 24 Packet Pg.2257 Candidate Party Mail Ballot Designated Mail Ballot Polling Place Provisional Total TERRY ELLIOTT 669 0 66 1 736 47.64% SANDRA IBARRA 733 0 59 3 795 51.46% Total Votes 1,414 0 127 4 1,545 Mail Ballot Designated Mail Ballot Polling Place Provisional Total ALISSA PAYNE WRITE-IN 12 0 2 0 14 0.91% Unresolved Write-In 0 0 0 0 0 Mail Ballot Designated M Polling Place Provisional Total Times Cast 1,555 0 138 5 1,698 / 13,300 12.77% Undervotes 138 0 11 1 150 Overvotes 3 0 0 0 3 Precincts Reported: 17 of 17 (100.00%) City of San Bernardino Member, City Council Ward 2 (Vote for 1) Candidate Party Mail Ballot Designated Mail Ballot Polling Place Provisional Total FRED SHORETT 1,942 0 242 4 2,188 54.25% TERESA PARRA CRAIG 1,419 0 178 2 1,599 39.65% VINCE LASTER 202 0 44 0 246 6.10% Total Votes 3,563 0 464 6 4,033 Mail Ballot Designated Mail Ballot Polling Place Provisional Total Unresolved Write-In 0 0 0 0 0 Mail Ballot Designated M Polling Place Provisional Total Times Cast 3,872 0 506 6 4,384 / 16,917 25.91% Undervotes 308 0 42 0 350 Overvotes 1 0 0 0 1 Precincts Reported: 50 of 50 (100.00%) City of San Bernardino Member, City Council Ward 4 (Vote for 1) Candidate Party Mail Ballot Designated Mail Ballot Polling Place Provisional Total YES 7,205 0 773 5 7,983 74.48% NO 2,321 0 411 4 2,736 25.52% Total Votes 9,526 0 1,184 9 10,719 Mail Ballot Designated Mail Ballot Polling Place Provisional Total Unresolved Write-In 0 0 0 0 0 Mail Ballot Designated M Polling Place Provisional Total Times Cast 10,427 0 1,301 11 11,739 / 48,339 24.28% Undervotes 894 0 117 2 1,013 Overvotes 7 0 0 0 7 Precincts Reported: 46 of 46 (100.00%) City of Chino MEASURE Y (Vote for 1) 7/5/2022 2:25:58 PMPage: 23 of 24 Packet Pg.2258 Packet Pg.2259 Page 1 2 9 9 City of San Bernardino Request for Council Action CONSENT CALENDAR Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Robert D. Field, City Manager; Barbara Whitehorn, Agency Director of Administrative Services Department:Finance Subject:Ratification of Council Travel and Pre-Approval of Travel for FY 2022/23 Recommendation It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify Council travel detailed herein and pre-approve specified travel for the Mayor and City Council for Fiscal Year 2022/23. Background On August 18, 2021, Mayor and City Council adopted Resolution 2021-212, adopting the Travel Authority and Expense Policy that requires all mayoral and council travel to be preapproved by the Mayor and City Council. (Attachment 1) Discussion The Travel Authority and Expense Policy adopted by the Mayor and City Council requires preapproval by the Mayor and City Council for any travel by an elected official. After adoption of the policy, Council Members from the 6th and 7th Ward completed travel and were reimbursed for that travel without preapproval. That travel is detailed below, and the receipts are attached for review and ratification by the Mayor and City Council. 6th Ward Councilmember Kimberly Calvin: Southern CA Association of Governments (SCAG) Regional Conference and General Assembly, May 2022: $503.51 (Attachment 2) SBCTA City County Conference April 2022: $472.81 (Attachment 3) TOTAL: $976.32 7th Ward Councilmember Damon Alexander: Southern CA Association of Governments (SCAG) Regional Conference and General Assembly, May 2022: $205.21 (Attachment 4) League of California Cities Leadership Summit Registration, May 2022: $625.00 (Attachment 5) League of California Cities Leadership Summit, May 2022: $995.96 (Attachment 6) TOTAL: $1,826.17 Packet Pg.2260 Page 2 2 9 9 To ensure that the Mayor and City Council are able to complete travel that is beneficial to the City for FY 2022/23, staff recommends that the following travel be pre-approved for the Mayor and City Council Members. Women in Municipal Government (WIMG) Conference, Sacramento, CA, August 2022 League of California Cities Annual Conference and Expo, Long Beach, CA, September 2022 National League of Cities City Summit, Kansas City, MO, November 2022 Southern CA Association of Governments (SCAG) Regional Conference and General Assembly, April-May 2023 U.S. Conference of Mayors Winter Meeting, Washington, DC, January 2023 U.S. Conference of Mayors Annual Meeting, Columbus, OH, June 2023 SBCTA City County Conference TBD 2023 2021-2025 Key Strategic Targets and Goals This item aligns with Key Target No. 1d: Improved Operational and Financial Capacity - Create a framework for spending decisions. Financial Impact There is no financial impact to the pre-approval of travel for FY 2022/23. Each Councilmember has an annual budget for meetings and conferences of $6,000 and the Mayor has a budget of $4,000. The ratification of travel that has already been reimbursed in FY 2021/22 is for a total of $2,802.49. ($976.32 for Ward 6 and $1,826.17 for Ward 7.) Conclusion It is recommended that the Mayor and City Council of the City of San Bernardino, California, ratify Council travel detailed herein and pre-approve specified travel for the Mayor and City Council for Fiscal Year 2022/23. Attachments Attachment 1 Travel Authority and Expense Policy Attachment 2 Councilmember K. Calvin Travel SCAG Attachment 3 Councilmember K. Calvin Travel SBCTA City County Attachment 4 Councilmember D. Alexander Travel SCAG Attachment 5 Councilmember D. Alexander Travel CA Cities Reg Attachment 6 Councilmember D. Alexander Travel CA Cities Hotel Packet Pg.2261 Page 3 2 9 9 Ward: All Synopsis of Previous Council Action August 18, 2021 Mayor and City Council adopted Resolution No. 2021-212 approving the revised Travel Authority and Expense Policy retroactive to July 21, 2021. July 22, 2021 Mayor and City Council adopted Resolution No. 2021-164 approving the Travel Authority and Expense Policy, and repealing Resolution Nos. 9151 and 89-100. February 3, 2021Mayor and City Council provided conceptual support for the development of a comprehensive administrative policy manual to ensure that City employees and appointed officials are operating under a clear set of guidelines that govern the City. April 17, 1989 Mayor and City Council adopted Resolution No. 89-100 amending Resolution No. 9151 and providing for reimbursement for meals at the rate of forty-five dollars ($45.00) per day and repealing Resolution No. 84-226. June 18, 1984 Mayor and City Council adopted Resolution No. 84-226 amending Resolution 9151 and providing for reimbursement for meals at the rate of thirty-five dollars ($35.00) per day. April 29, 1968 Mayor and City Council adopted Resolution No. 9151 establishing a policy for the attendance of City Employees and Elected Officials at conferences or meetings and set forth authorized expenses and allowances for expenses incurred on official business of the City. Packet Pg.2262 City of San Bernardino Administrative Policy Manual Subject: Travel Authority and Expense Policy Purpose: To set forth the policies governing reimbursement for travel expenses and to establish certain procedures concerning travel authorization, documentation, and accounting for all Departments, Employees and Elected Officials of the City of San Bernardino. The City has two objectives when paying travel-related expenses: 1) to provide employees sufficient funds to execute business on behalf of the City and 2) to safeguard City funds by paying only reasonable and necessary expenses. This administrative policy outlines what constitutes a reasonable and necessary expense. Authority: Resolution No. 2021-212 Scope: Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials. All such employees and officials shall comply with the provisions outlined in this policy. For City Employees, the Department Director, or their designee, and for Elected Officials, the Director of Finance is ultimately responsible for ensuring that travel expenditures comply with this administrative policy and for the thorough review and approval of all documents necessary for the disbursement of City funds related to travel. The purpose of the required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews travel transactions that public funds were expended in compliance with this administrative policy. Exemption from Scope None. Policy: The City of San Bernardino encourages attendance at conferences, seminars, meetings and workshops to enhance an employee’s understanding of his/her duties and responsibilities. The City will reimburse travel expenditures according to the procedures outlined in this policy. Travel is deemed to be official when such travel of City Employees and Elected Officials are away from the City for the purpose of conducting business of the City, attending professional meetings, seminars, conferences, training, workshops and other related meetings. This policy is applicable to all travel, regardless of the source of funds used for reimbursement. Packet Pg.2263 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Only authorized expenses as set forth in this policy will be paid by the City or reimbursed. Unauthorized expenses incurred on a City P-Card must be reimbursed to the City by the City Employee of Elected Official within ten (10) business days of reconciliation of travel documentation. Definitions (a)Elected Official - any elected person representing the City in an official capacity that is not considered an employee. City Council, at their discretion, may approve travel for appointed Commissioners. For purposes of compliance with this policy, Commissioner travel will be treated the same as that of Elected Officials. (b)Local Travel - travel within a radius of seventy-five (75) miles from the employee’s regular work site, one way, for a one-day session or multiple day sessions. (c)Mileage Allowance – reimbursement paid to a City Employee for the use of his/her personal vehicle during travel or official City business. The reimbursement rate will be the current rate established by the Internal Revenue Service (IRS). (d)Out-of-Town Travel – any travel over seventy-five (75) miles from employee’s regular work site, including out of state that requires subsistence or actual living expenses. Travel out of the country must be approved by the City Manager’s Office. (e)Travel – any trip taken by a City Employee or Elected Official in the course of performing his/her duties, including trips to conferences, seminars, meetings, workshops and training. (f)GSA Per Diem Rate – herein used to refer to the allowance for meals and incidental expenses established by the U.S. General Services Administration for destinations in the continental United States. The Per Diem allowance rates can be accessed via the internet at www.gsa.gov/perdiem. Authorized Expenses These guidelines are not intended to address every issue, exception, or contingency that may arise in the course of travel or performance of official duties. Accordingly, the basic standard that should always prevail is to exercise good judgment in the use and stewardship of the City's resources. Any questions regarding the propriety of a particular type of expense should be resolved with the Finance Department or, in the case of Elected Officials, with the City Council, before the expense is incurred. Packet Pg.2264 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Elected Officials please note: Expenses that do not fall within the scope of this policy, and for which payment or reimbursement will be requested, must be approved by the City Council in a public meeting before the expense is incurred. (a)Actual and Necessary Expenses. The City will directly pay or City Employees and/or Elected Officials will be reimbursed for the actual and necessary expenses incurred in the performance of the official duties for their position, provided that, except as otherwise articulated in this Policy, reimbursement shall always be at the lesser of the actual cost or the current GSA Per Diem Rates, unless otherwise approved by the City Council in advance. Expenses that the City will pay include transportation, lodging, registration fees, meals, and any other incidental and related expenses if they are for official business and are authorized by this policy. (b)Authorized Events and Activities. Expenses incurred in connection with the following types of events or activities will generally be authorized for payment or reimbursement: a.Attending educational seminars, conferences, or activities designed to improve skills and information levels. b.Participating in regional, state, national and international organizations whose activities affect the City’s interests. c.Activities that involve either: (a) City Employees or Elected Officials attending as a representative of the City of San Bernardino at events; or (b) City Employees as part of their City job duties or responsibilities, or organizing or assisting with the management or operation of events. d.Meetings with consultants, professionals, constituents, applicants or other private or governmental entities or agencies, which are necessary for the performance of their position. (c)Unauthorized Events and Activities. Expenses incurred for personal matters will not be paid or reimbursed. If time is taken away from official business for personal matters, or if the return is delayed after completion of the event to attend to personal matters, any expenses incurred for such personal matters will not be paid or reimbursed. If a City Employee desires to combine business and personal travel in this manner, the written approval of the City Employee’s Department Director, or the City Manager if the City Employee Packet Pg.2265 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual is a Department Director, or the City Council if the employee is an Elected Official, is required prior to making travel arrangements. For City Employees, if the extended period required for personal matters occurs during regular scheduled work hours, the time must be counted as annual leave or leave without pay. The following is a non-exhaustive list of prohibited purchases which includes commonly purchased goods or services considered personal in nature, and not an essential part of the City's business and therefore will not be a cost borne by the City of San Bernardino: a. Personal portion of the trip, including expenses incurred for family member(s), friends and/or pets who accompany the City Employee or Elected Official on City business. b. Political contributions or events. c. Charitable contributions. d. Attendance at charitable events not sponsored, co-sponsored or organized by the City. e. Entertainment expenses not directly required as part of attending a meeting/conference, including theater, movies (either in-room or at the theater), sporting events (including gym, massage and/or golf-related expenses), or other cultural events. f. Personal automobile expenses, including traffic citations, other than mileage and toll charges that are otherwise payable or reimbursable under this policy. g. Personal losses incurred while on City business. h. Alcoholic beverages. i. Expenses for trips involving an overnight stay or airfare by Elected Officials or City Employees, unless approved in advance as required by this policy. j. Mileage or other expenses incurred when representing the City on a regional board, commission or other agency when such board, commission or agency allows for the payment or reimbursement by them of such mileage or other expenses. k. Mileage reimbursement for those receiving a monthly vehicle allowance. Packet Pg.2266 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual l. Vehicle rental expenses when the mode of transportation to the event or destination was not air travel. m. The use of private aircraft for the conduct of City business is expressly prohibited. Prior to Trip – Advance Approval (a)Advance Approval for City Employees. When requesting to travel either overnight or via airplane, City Employees must request advance approval from the person charged with approving the expenditure in compliance with this Policy. Such request shall be submitted using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the employee will be held responsible for all expenses incurred and will be required to reimburse the City. (b)Advance Approval for Elected Officials. When requesting to travel either overnight or via airplane, Elected Officials must request advance approval from the City Council during a regular City Council meeting using the Travel Authority & Expense Request form. Approval must be obtained prior to incurring any non-refundable expenses for the trip, including, but not limited to, event registration, flights or hotel reservations. In the event travel is conducted without prior approval, the Elected Official will be held responsible for all expenses incurred and will be required to reimburse the City. (c)Travel Request Forms. The Travel Authority & Expense Request form can be found on the Employee Intranet page. Transportation The method of transportation used by individuals will be the most practical and economical, with due consideration given to the time involved, extra meals, lodging costs and the mission to be accomplished. The objective of this administrative policy is to ensure the lowest reasonable cost for travel. It is not intended to create hardships for City Employees or Elected Officials. Each Department may consider employees’ convenience in providing flexibility to those who travel by vehicle. If several employees are authorized to attend the same conference/meeting, the Department shall coordinate travel arrangements to minimize transportation costs to the City. Packet Pg.2267 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Air Travel (a)Commercial Airlines: The City of San Bernardino will pay for coach roundtrip airfare. Employees are expected to take advantage of discounts whenever possible; however, employees are not required to fly at unusual times in order to qualify for discounts. Employees may retain frequent flyer miles and similar travel awards; however, employees shall not pay a higher price for the fare in order to obtain frequent flyer miles. a. Baggage Fees: The City of San Bernardino will pay for the cost of one checked bag per employee traveling. Additional baggage fees will be covered only with written permission of the employee’s Director. b. Upgrades: Other upgrades such as seat selections, travel insurance, and internet on planes may be approved at the discretion of the Director. (b)First-Class Airfare: The City will only pay coach class fares, however, employees may choose to upgrade their seats provided that they pay the difference between the coach fare and the fare for the upgrade. Vehicle Use (a)City Vehicles: Motor pool vehicles or those vehicles assigned to departments should be used when available. When using City Vehicles, employees should use their City Purchasing Card (P-Card) to purchase gasoline and/or emergency repairs whenever practical. Employees without a City P-Card will be reimbursed for the cost of gasoline and/or emergency repairs (receipts are required). For additional information on P-Card usage, please see the City of San Bernardino Purchasing Card Policy. (b)Rental Vehicles: When renting vehicles, the employee should purchase the blanket insurance coverage. The appropriate size of the rental vehicles should depend on such factors as the number of passengers and the amount of luggage or equipment being carried. If a car rental is approved, the employee may use a City P-Card or request reimbursement upon return. Receipts must be provided in order to obtain reimbursement. (c)Car Services/Taxis/Public Transportation: The City of San Bernardino will reimburse employee’s reasonable car fare plus gratuity for required transportation. No more than a 20% tip will be reimbursed. Receipts must be retained and attached to the Travel Authority & Expense Request form. (d)Personal Vehicles: Employees may use their personal vehicle for City travel. Supporting documentation (i.e. Google maps directions) must be attached to the Travel Authority & Expense Request form. The City of San Bernardino will pay the Internal Revenue Service mileage rate in effect at the time of travel. For all mileage Packet Pg.2268 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual reimbursement, the employee’s office is to be used as the starting point per IRS rules. When an employee is using his/her personal car on a trip and the destination is more than 300 miles from the employee’s office (one-way), the City will not reimburse the employee for expenses such as lodging, meals and incidental, while in transit, which exceed the cost of a 21-day advance round-trip coach airfare. Any travel time that is greater than the time required to travel by scheduled airlines will be considered vacation time. Normal travel time will not exceed one day. The City shall reimburse the employee for the actual mileage involved in the travel. Reimbursed mileage rate is the Standard Federal Mileage Rate set by the Internal Revenue Service for the current year. Personal car mileage reimbursements are made based on the actual mileage. No cash advance for mileage is allowed. a. Personal car travel reimbursement is limited to the lesser of either the cost of making the trip by 21-day advance coach airfare or mileage reimbursement. b. The City will pay for additional work-related mileage at the destination. A mileage log or other documentation (i.e. Google map) must be attached to the Travel Authority & Expense Request form. c. When travel is by airfare, the City will pay for airport parking expenses. For airport parking, supporting documentation must be attached to the Travel Authority & Expense Request form and can be obtained from the airport’s website. Mileage reimbursement to the airport will be calculated from the employee’s office per IRS rules. d. If an employee is driving a personal vehicle outside of the City and has car failure, the City will pay the expense of towing the vehicle to the nearest garage, over and above the employee’s personal towing insurance coverage. The employee must pay for all repairs. The towing and insurance documentation, reflecting the amount covered, must be attached to the Travel Authority & Expense Request form. e. Mileage will not be reimbursed to employees using City vehicles or who receive auto allowances. f. To drive a privately owned vehicle on City business, the employee must: i. Possess a valid California driver’s license. ii. Carry liability insurance, as required by the State of California. iii. Acknowledge that any damage to the employee’s personal vehicle and/or service or repair occurring on the trip will be the employee’s responsibility, as these costs are included in the City’s per mile cost reimbursement. Packet Pg.2269 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Employees are required to notify Human Resources, Risk Management Division at (909) 384-5308 and the employee’s supervisor as soon as possible (within 24 hours) of any event, incident or accident related to rental cars or City vehicles. The employee must complete the “Vehicle Accident Report” form. Compensation for Travel Time When travel time exceeds the normal workweek, the City's rules for overtime apply to those City Employees eligible for overtime pursuant to applicable state and federal laws or as outlined in the various Memorandums of Understanding. In determining overtime compensation, normal commute time between the employee’s residence and the employee’s work location should be deducted from the total travel time. Additionally, normal unpaid meal periods are not considered work time while traveling. Overtime eligibility applies equally to drivers and passengers, and should be granted whether the travel occurs during normal workdays or on weekends or evenings. Elected Officials are not compensated for travel time. It is the responsibility of Department Heads, Division Managers and first line supervisors to schedule travel in a manner that the use of overtime by employees is either not required or is minimized as much as possible. Lodging Actual lodging expenses will be allowed for City Employees and Elected Officials attending conferences, seminars, meetings, or workshops that are more than 75 miles from their normal work site. Lodging at destinations that are less than 75 miles from the normal work site will not be paid for or reimbursed by the City unless it is a multi-day conference. All lodging must be approved in advance. The City encourages travelers to stay at conference/venue hotels whenever available. If these hotels are not available, nearby hotels within easy walking distance or those with shuttle service to the venue should be considered next. The accommodations used should be economical but practical. In general, the employee should select the most reasonably priced accommodations available consistent with the purpose and goals of the travel and within a reasonable distance of the event. The City will pay no more than the cost of a single occupancy room. If an employee shares a room with someone who is not an employee of the City or who is not traveling on City business and the room cost is higher than the single room rate, the employee is responsible for paying the difference in cost. Meals ordered through room service will be subject to the GSA Per Diem Rate. (a)Hotel Rooms Packet Pg.2270 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual a. For events starting before noon, lodging will be provided the night prior through the last day of the event. b. Lodging costs may be paid to the hotel directly by the employee, by using a City P-Card or travel advanced to the employee prior to departure if a City P-Card is not used. (b)Lodging expenses shall be reimbursed on an actual cost basis. If a room at a conference/venue hotel is not available, the City Employee or Elected Official should attach documentation showing room rates from three hotels in the vicinity for the same dates, if available, to demonstrate the reasonableness of the lodging cost for the locale. Printouts from hotel reservation websites are acceptable for this purpose. (c)When making lodging reservations in a conference/venue hotel, be sure to ask for the “group rate” for the conference or event. Most companies who host seminars/conferences will offer group rates to attendees. On average, group rates are 15-40% lower than standard rates. If there is no group rate offered, inquire if there is a “government rate” available. Some cities exempt travelers on government business from the local Transient Occupancy Tax (TOT). This can be as high as 12-15% savings on lodging costs depending on the local TOT rate. (d)Telephone: Employees should avoid using hotel provided phones whenever possible. It is recommended that employees who do not have access to a cell phone purchase a pre-paid calling card. Employees who possess City of San Bernardino cell phones should use that phone. (e)Internet: Internet connection fees will be reimbursed at the discretion of the Department Director. (f)Incidental Expenses: Incidental expenses covered as part of the GSA Per Diem Rate for meals and incidental expenses include: fees and tips given to porters, baggage carriers, bellhops, and restaurant servers. (g)Itemized receipts for lodging expenditures must be attached to the Travel Authority & Expense Request form when submitted for processing. Meals and Incidentals Meal expenses incurred by City Employees or Elected Officials while traveling shall be reimbursed according to the GSA Per Diem Rate for the destination, available at www.gsa.gov/perdiem. If neither the city nor county is specifically listed, the rate for meals and incidental expenses will be the standard GSA Per Diem destination rate. Packet Pg.2271 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual The City will pay for meals at scheduled seminars, training sessions, and other meetings but will not reimburse for meals included in the conference fee. If meals are included in the conference fee, the Per Diem allowance will be reduced by the amount of the included meal using the GSA Per Diem breakdown, example below. (M&IE Breakdown, 2021) M&IE Total Continental Breakfast/ Breakfast Lunch Dinner Incidentals First and Last day of Travel (75%) $55 $13 $14 $23 $5 $41.25 $56 $13 $15 $23 $5 $42.00 $61 $14 $16 $26 $5 $45.75 $66 $16 $17 $28 $5 $49.50 $71 $17 $18 $31 $5 $53.25 $76 $18 $19 $34 $5 $57.00 Note: This M&IE breakdown is an example. Please refer to the current GSA rates and breakdown at www.gsa.gov/perdiem. A conference itinerary/schedule must be included as supporting documentation. The City will not pay for social or recreational conference functions that are separate ticketed events not included in the base conference registration fee without prior approval of the Director (to be noted on Travel Authority & Expense Request form). Meal related tips are included in the per diem rate total. (a)Meals Paid with a Purchasing Card a. Employees using their P-Card for travel-related meals must retain itemized receipts and submit them as usual as part of the P-Card process. Use of a P-Card for meals should be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. b. P-Card payment for meals should not exceed the per diem rate established by the GSA. Any cost in excess of the GSA established per diem rate must be reimbursed by the employee within ten (10) business days of reconciliation of travel documents. c. If the per diem breakdown for a meal is higher than a P-Card payment for that meal, the P-Card User is not entitled to receive the difference as a reimbursement. d. If a meal is purchased with a P-Card and the receipt is lost, or the P-Card User does not retain the itemized receipt, the User must attach a memo to the Travel Authority & Expense Request form explaining the lost receipt. e. While Authorized P-Card Users may use their P-Card to purchase meals during travel, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for meals. Packet Pg.2272 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual i. Using P-Cards to pay for meals requires the retention of itemized meal receipts while traveling. ii. There is a greater administrative burden in reconciling both the Travel Authority & Expense Request form and P-Card transactions to ensure that expenses are recorded accurately. (b)Meals Reimbursed or Paid with a Travel Advance a. Employees paying for meals out of pocket or with a travel advance DO NOT need to retain receipts. Meals will be reimbursed, or a travel advance provided at the GSA Per Diem Rate. If requesting a meal payment or reimbursement for a guest, the City Employee or Elected Official must include the name and business relationship of the guest to substantiate the expense. Only actual and necessary expenses incurred in the performance of official duties will be paid or reimbursed. Meal expenses of family members or those with a personal relationship with the Elected Official or City Employee will not be paid or reimbursed, unless a separate and defined business relationship is established and only if such payment or reimbursement is not prohibited by any other applicable laws, rules, or regulations. One-day Travel Meal payment or reimbursement does not include meals eaten prior to or after a trip. If travel on City business does not require a full 24-hour day, only meals that are required as part of the trip, as determined by the City Council, Department Head, or City Manager will be paid or reimbursed. As a general guideline, if a City Employee is being paid to work on the day that the expense is incurred, payment or reimbursement will not be provided for expenses incurred for meals that would typically be eaten before the Elected Official or City Employee normally leaves his or her home for work or expenses incurred for meals that would typically be eaten after the Elected Official or City Employee normally arrives home from work. Travel-related meals will be reimbursed if an overnight stay is required or if multiple trips are required during two or more consecutive days. If a Department Director authorizes meal reimbursement for an employee for a daytrip related to training or other City business and the day-trip is for more than 12 hours and less than 24 hours, the employee will receive reimbursement at 75% the GSA Per Diem Rate (travel day rate). If a Department Director authorizes a meal reimbursement for a day-trip that is less than 12 hours, the employee will receive reimbursement for specific meals during the trip only. Because IRS regulations identify daytrip meals as taxable to the employee, any meal reimbursement for a daytrip will be reported on the employee’s W-2 form and subject to employment taxes in accordance with these regulations. That is, if travel does not require an overnight stay, meal expenses may be reimbursed with Packet Pg.2273 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Department Director approval but must also be added to the employee’s wages for tax purposes. (IRS Pub. 5137) Extended Travel Employees attending training or conferences for an extended time period, more than seven consecutive days, may elect to purchase groceries and prepare their meals during their training/conference. (a) Groceries reimbursed or paid with a travel advance. a. Employees paying for groceries out of pocket or with a travel advance DO NOT need to retain receipts. The GSA Per Diem will be calculated in the aggregate for the extended travel time to determine the amount of the advance or reimbursement. b. No individual meals will be reimbursed or included in the travel advance. c. Any meals provided during the training/conference will be deducted from the reimbursement/advance amount at the M&IE breakdown amount. (b) Groceries paid for with a P-Card. a. While P-Card users may use their P-Card to pay for groceries while traveling, it is recommended that travelers either request a travel advance or pay out of pocket and request reimbursement for groceries. b. If a P-Card is used to purchase the groceries, the employee must retain and submit grocery receipts and submit them as usual as part of the P- Card process. Use of a P-Card for groceries must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. c. Meals purchased in addition to groceries. If meals are also purchased on a P-Card during extended travel, the employee must retain and submit itemized receipts and submit them as usual as part of the P-Card process and use of a P-Card for groceries and meals must be indicated on the Travel Authority & Expense Request form with copies of the receipts attached. The total cost of groceries and meals purchased may not exceed the aggregate Per Diem. d. Any meals provided as part of the conference/training fee will be deducted from the aggregate Per Diem at the M&IE breakdown amount. e. P-Card charges for groceries and meals exceeding the Per Diem rate in the aggregate must be repaid to the City within ten (10) business days of reconciliation of travel documents. f. If the total paid for groceries on a P-Card is less than the aggregate Per Diem, the P-Card User is not entitled to receive the difference as a reimbursement. Packet Pg.2274 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual g. An employee electing to purchase and prepare food during an extended stay may purchase food to be consumed during the travel period only. h. No reimbursement will be made for incidentals including kitchen utensils, cookware, kitchen supplies and sundries, except for basic paper goods such as napkins and paper towels or their reusable equivalent. It is incumbent upon the traveler to verify that the hotel has an adequately stocked kitchenette when making reservations. (c) The City will not pay for laundry services or dry cleaning. Payments to Vendors, Cash in Advance and Employee Reimbursement The City will pay all legitimate travel expenses for City Employees and Elected Officials traveling on authorized City business. These include transportation, lodging, registration fees, meals, and other related expenses if they are for official business and fit within the guidelines established in this policy. (a)There are four ways to pay for travel expenses: a. Direct Vendor Payments - Are made by the City to an organization to pay for specific costs related to a trip. These are usually registration fees, lodging, or airfare and can be paid through accounts payable or through the use of a City P-Card. b. Cash Advance - Advance payments to the City Employee or Elected Official may be requested for estimated expenses for travel. Requests for advance payments, with an itemized list of estimated expenses, shall be submitted on the Travel Authority &Expense Request form to the Finance Department at least seven (10) business days prior to the event and must be approved by the Department Head, Director of Finance and City Manager or the City Council for advance payment requests from Elected Officials. Funds will be released no more than seven (7) days prior to the event departure date. Travel advances will not be issued to employees to whom City P-Cards have been issued. In addition, travel advances will not be issued for mileage or items that were paid prior to attending the event (i.e., registration fees). c. Per Diem - For City Employees or Elected Officials electing Per Diem payment for meal expenses, the City shall reimburse at the fixed GSA Per Diem Rates on a meal-by-meal basis based upon the locality of travel. Receipts shall not be required for Per Diem reimbursement, provided that records pertaining to the time, place and official business purposes of the event or activity are submitted. City Employees or Elected Officials electing Per Diem reimbursement shall not incur meal expenses on City issued credit cards (P-Cards) or seek actual cost reimbursement for meal Packet Pg.2275 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual expenses covered by Per Diem reimbursement. Payment of the fixed GSA Per Diem Rates shall be made after the event or activity has occurred and shall not be paid to City Employees or Elected Officials in advance. d. Reimbursement - occurs when the employee or Elected Official elects to pay for all travel related expenses first, and is reimbursed upon completion of the travel. (b)Upon return from the event, all expenses incurred will need to be accounted for by completing the bottom portion of the Travel Authority & Expense Request and return the unused portion of the cash advance within seven (7) business days. (c)If a trip was cancelled, all advance travel payments shall be returned to the City within five (5) business days after the employee receives a notice of cancellation. (d)The employee will be reimbursed the difference if the actual, authorized expenses incurred exceed the amount advanced consistent with the guidelines set forth in this policy. Procedure: The following are step-by-step instructions for obtaining approval for travel requests. Action/Responsibility: Department Travel Coordinator (a)In as far in advance as possible but at least thirty (30) days prior to the date of departure, prepare Part 1 of the Travel Request & Expense Request form to include the following: a. Details of travel: attach registration form or flyer describing the event showing location, dates, times, costs, etc. b. For lodging requests, attach supporting documentation related to the group rate or government rate when offered or comparison room rates for the locale. c. Obtain approval from the City Employee’s Department Head, Director of Finance, and the City Manager, or from City Council for Elected Officials. (b)After approval, the responsible Travel Coordinator should make the arrangements for the trip payable to the traveler or service provider for: a. Transportation b. Lodging c. Registration / Tuition fee d. Meals e. Other expenses covered by this Policy Packet Pg.2276 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual Action/Responsibility: Department Head (a)Assign a designated employee to function as the Department Travel Coordinator to maintain travel request documents and to coordinate advance payment and/or reimbursement of employees’ travel expenditures with Accounts Payable. (b)Receive travel documents from Department Travel Coordinator and review forms for completeness and accuracy. (c)Approve or deny local travel requests. Action/Responsibility: Finance Department (a)Review all travel forms/documents for completeness and compliance with this policy and inform Department of non-compliance issues. (b)Process City Employees’ or Elected Officials’ travel expenditures in accordance with this policy. Reconciliation and Verification of Expenses The following are step-by-step instructions for reconciliation and verification of travel expenses. Action/Responsibility: Employee or Elected Official Within seven (7) working days of return date to work: (a)If less money than the travel advance was spent, submit the unspent funds made payable to the City of San Bernardino and provided to the Department Travel Coordinator with the original receipts. (b)If more money than the travel advance was spent, submit the receipt for the expense along with an explanation to the Department Travel Coordinator. Subject to the guidelines set forth in this policy, the difference may be reimbursed upon approval. Action/Responsibility: Department’s Travel Coordinator (a)Attach all receipts required in this policy to the Travel Authority & Expense Request form. Complete Part 2 of the form and submit to the employees’ Department Head and Director of Finance for review and approval, or for Elected Officials, submit to Director of Finance. Packet Pg.2277 Travel Authority and Expense City of San Bernardino - Administrative Policy Manual CITY OF SAN BERNARDINO TRAVEL AUTHORITY & EXPENSE REQUEST Part 1. Travel AuthorityName & Title of Requestor Department Date of Request Destination City Dates Purpose of Travel Destination Hotel:Post Approved Yes (Plan ) / No Hotel Government Rate: $ N/A: Reason: Hotel Group Rate: $ N/A: Reason: Hotel Per Diem Rate: $ Please attach the government rate, group rate, and/or the Per Diem Rate as applicable to this form. Comments: Signature of Requestor:Estimate Cost of Trip: $ Date:Advance Money Requested: $ Office Phone:Account number: Indicate if travel was included in the Department Budget Yes No APPROVED (Department Head Signature): FUNDS AVAILABLE (Director of Finance Signature): APPROVED (City Manager/City Council Signature): Part 2. Expense ReportEXPENSE CATEGORIES:Paid by City Paid by Traveler Transportation: Air City Car Private Car (Mileage ) Other $$ Garage and/or Parking $$ Lodging $$ Registration Fees $$ Meals $$ Other $$ Other $$ TOTAL EXPENSE $$ Amount Paid by Traveler $ Cash Advance – Check No:$I hereby certify that this is a true andBalance Due to Traveler/City $correct statement of expenditures. Receipt or Check No: Traveler Signature APPROVED (Department Head Signature) APPROVED (Director of Finance Signature) Packet Pg.2278 Packet Pg.2279 Packet Pg.2280 Packet Pg.2281 Packet Pg.2282 Packet Pg.2283 Packet Pg.2284 Packet Pg.2285 Packet Pg.2286 Packet Pg.2287 Packet Pg.2288 Packet Pg.2289 Packet Pg.2290 Packet Pg.2291 Packet Pg.2292 Packet Pg.2293 Packet Pg.2294 Packet Pg.2295 Packet Pg.2296 Packet Pg.2297 Packet Pg.2298 Packet Pg.2299 Packet Pg.2300 Packet Pg.2301 Packet Pg.2302 Packet Pg.2303 Packet Pg.2304 Packet Pg.2305 Packet Pg.2306 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Ben Reynoso, Council Member, 5th Ward Department:Council Office Subject:Day Laborer and Street Vendor Work Center (All Wards) - Council Member Reynoso Packet Pg.2307 ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS City of San Bernardino Request for Council Action Date:July 20, 2022 To:Honorable Mayor and City Council Members From:Damon L. Alexander, Council Member, 7th Ward Department:Council Office Subject:Non Fossil Fuel Fleet Vehicles for City of San Bernardino (All Wards) – Council Member Alexander Recommendation That all City of San Bernardino fleet vehicles be something other than fossil fuel. That the City of San Bernardino set the example in clean energy vehicles within its fleet and the region. That an ordinance be written to reflect such change. That this change be phased in within the 5 years. Where it is not possible to use other than fossil fuels vehicle, we continue to use regular gas vehicles until such time it becomes available. Packet Pg. 2308