Agenda packet — Mayor and City Council, September 18, 2024 (part 3 of 5)

RESOLUTION NO. 2024-145

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO CALIFORNIA DENYING
APPEAL 24-02, THEREBY UPHOLDING THE PLANNING
COMMISSION’S DENIAL OF APPEAL 24-01, THEREBY

UPHOLDING THE DEVELOPMENT AND ENVIRONMENTAL
REVIEW COMMITTEE’S ADOPTION OF A MITIGATED

NEGATIVE DECLARATION AND MITIGATION AND

MONIRORING REPORTING PROGRAM AND APPROVAL OF
DEVELOPMENT PERMIT TYPE-D 21-18, 19, 20, AND 21

ALLOWING THE DEVELOPMENT AND ESTABLISHMENT
OF FIVE (5) SERVICE COMMERCIAL BUILDINGS.

TOTALING APPROXIMATELY 67,451 SQUARE FEET ON
SEVERAL APNS FOR A COMBINED 4.81 ACRES LOCATED
WITHIN THE COMMERCIAL REGIONAL (CR-3) ZONE,
WARD 3.

WHEREAS, on March 16, 2023, pursuant to the requirements of Section 19.44.020 (Administrative and Development Permits-Applications) of the City of San Bernardino Development Code, an application for Development Permit Type-D 21-18, 19, 20, and 21 was duly submitted by:

Property Owner: Michael D Gay Separate Property Trust
9747 Business park Avenue Ste 222
San Diego, CA 92131
Project Applicant: Hamann Construction
1000 Pioneer Way
El Cajon, CA 92020
Project Appellant: Supporters Alliance for Environmental Responsibility 1123 Park View Drive
Covina, CA 91724
APN: 0281-301-17 and 0281-311-06, 07, 08, 11, 12, 18, and 19 Lot Area: 4.81 acres combined
WHEREAS, on February 14, 2024, pursuant to the requirements of Sections 19.52.040 (Hearings and Appeals-Hearing Procedure) of the City of San Bernardino Development Code, the Development and Environmental Review Committee held the duly noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Permit Type-D 21-18, 19, 20, and 21, and at which meeting the Development and Environmental Review Committee considered the Mitigated Negative Declaration and Development Permit Type-D 21-18, 19, 20, and 21; and

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WHEREAS, during the said duly noticed public hearing, public SAFER expressed comments in opposition of Development Permit Type-D 21-18, 19, 20, and 21; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Development and Environmental review Committee has the authority to take action on Development Permit Type- D 21-18, 19, 20, and 21 and approved Development Permit Type-D 21-18, 19, 20, and 21 to allow for the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined acreage of 4.81; and WHEREAS, at the duly noticed public hearing of the Development and Environmental Review Committee held on February 14, 2024, the Development and Environmental Review Committee approved Development Permit Type-D 21-18, 19, 20, and 21 to allow for the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres; and WHEREAS, on February 27, 2024, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the City received an application for Appeal 24-01 for the decision taken by the Development and Environmental Review Committee approving Development Permit Type-D 21-18, 19, 20, and 21; and WHEREAS, On April 9, 2024 the Planning Commission considered the request for Appeal 24-01 of Development Permit Type-D 21-18, 19, 20, and 21, and the Initial Study/Mitigated Negative Declaration per the State CEQA guidelines and approved the project based on the Finding of Facts and recommended Conditions of Approval; and WHEREAS, on April 24, 2024, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the appellant SAFER submitted an application for Appeal 24-02, appealing the decision made by the Planning Commission to deny Appeal 24-01; and
WHEREAS, on June 20, 2024, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals-Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and mailed notices to property owners and occupants of property within 1,000 feet of the project site of a public hearing at which Appeal 24-02 would be considered; and
WHEREAS, at the duly noticed public hearing of the Mayor and City Council on July 3, 2024, at the request of the Applicant and allowance of the Appellant; Appeal 24-02 of Appeal 24- 01 for Development Permit Type-D 21-18, 19, 20, and 21 was continued to the Mayor and City Council meeting of August 21, 2024 for consideration; and

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WHEREAS, at the duly noticed public hearing of the Mayor and City Council on August 21, 2024, at the request of the Applicant and allowance of the Appellant; Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21 was continued to the Mayor and City Council meeting of September 18, 2024 for consideration; and WHEREAS, pursuant to the requirements of Chapter 19.44 (Administrative and Development Permits) of the City of San Bernardino Development Code, the Mayor and City Council has the authority to take action on Appeal 24-02.

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: As the decision-making body for the project, the Mayor and City Council has reviewed and considered the information contained in the administrative record for Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21.

Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council finds, as follows:
(1) The environmental impacts of this project were previously analyzed in the Mitigated Negative Declaration certified on November 1, 2023 in conjunction with the approval of Development Permit Type-D-21-18, 19, 20, and 21 on December 13, 2023; and (2) The Mitigated Negative Declaration contains a complete and accurate reporting of the environmental impacts associated with the project; and
(3) The Mitigated Negative Declaration was completed in compliance with CEQA and the Guidelines promulgated thereunder; and
(4) The Mitigated Negative Declaration reflects the independent judgment of the Mayor and City Council; and
(5) The proposed project will introduce no new significant environmental impacts beyond those previously analyzed within the Mitigated Negative Declaration, and all mitigation measures previously certified with the Final Environmental Impact Report are incorporated herein by this reference.

SECTION 3. Findings of Fact- Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21-18, 19, 20, and 21: Pursuant to Section 19.44.040 (Findings) of the City of San Bernardino Development Code Development Permit applications are required to meet certain findings prior to the approval by the Mayor and City Council.

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Accordingly, the following findings are provided in support of the approval of Development Permit Type-D 21-18, 19, 20, and 21:

Finding No. 1:The proposed developments are permitted within the subject zoning district and comply with all of the applicable provisions of the Development Code, including prescribed development/site standards and any/all applicable design guidelines;
Finding of Fact: Pursuant to Section 19.06.020 of the City of San Bernardino Development Code, commercial buildings are permitted within the Commercial Regional-3 (CR-3) zone subject to approval of a Development Permit with the appropriate Conditions of Approval and CEQA determination. The proposed project consists of the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres, along with the construction of the required on-site and off-site improvements within the Commercial Regional (CR-3) zone is consistent with the permitted uses and the project will be conditioned to meet all applicable development and site standards.

Finding No. 2:The proposed development is consistent with the General Plan.

Finding of Fact: General Plan Land Use Policy 2.4 actively seeks to “Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development”.

General Plan Goal 4.1.1 “Encourages economic activity that proactively seeks out and retains businesses that create jobs and generate sales tax revenue”. the development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres along with the construction of the required on-site and off-site improvements would allot employment for San Bernardino residents and create tax revenue from new businesses for the City of San Bernardino.

Additionally, the proposed projects are permitted within the Commercial Regional-3 (CR-3) zone, subject to the approval of a Development Permit Type-D with the appropriate Conditions of Approval and CEQA determination. The project is consistent with the Commercial land use designation set forth by the General Plan Land Use Map.

Finding No. 3The proposed development would be harmonious and compatible with existing and future developments within the zone and general area, as well as with the land uses presently on the subject property.

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Finding of Fact: The proposed development and establishment of five (5) service commercial buildings. totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres would be harmonious and compatible with existing and future developments within the Commercial Regional-3 (CR-3) zone and the surrounding area.

The scale and density of the proposed development is similar to that of the existing commercial development in the area and it conforms to the development standards of the commercial zone. Since the proposals are consistent with both the General Plan and Development Code, no land use conflict is expected to result from construction of the proposed commercial building.

Finding No. 4The approval of the Administrative or Development Permit for the proposed development is in compliance with the requirements of the California Environmental Quality Act and Section 19.20.030(6) of the Development Code.

Finding of Fact: In accordance with Section 15074 of the California Environmental Quality Act (CEQA), a Final 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 Development Permit Type-D 21-18, 19, 20, and 21 for the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 4.81 acres.

Finding No. 5:There will be no potential significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored.

Finding of Fact: In accordance with Section 15074 and Section 15097 of the State California Environmental Quality Act (CEQA) Guidelines, a Final 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 Development Permit Type-D 21-18, 19, 20, and 21. The location and operating characteristics of the proposed projects will be consistent with all provisions of the Development Code and compatible with the existing and future commercial land uses within the surrounding area. The proposals would not create conditions that may be objectionable or detrimental to other permitted uses in the vicinity as the proposal will be consistent with the Commercial Regional-3 (CR-3) zone. Moreover, the projects will provide positive enhancement to the on- site landscaping and parking lot, helping to revitalize the underused property.

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Therefore, no land use conflict or adverse effects on public health, safety or welfare are anticipated to result from establishment of the proposed land uses.

Finding No. 6:The subject site is physically suitable for the type and density/intensity of use being proposed.

Finding of Fact: The proposed projects will consist of the construction of five (5) new speculative business park/service commercial buildings and related improvements on eight (8) separate parcels that are abutting. Proposed Building A will be centered on Lot 29 and Lot 30 and consists of 1.25 acres. Building A proposes a total of 17,783 square feet which is inclusive of a 1,269 square foot mezzanine with an entry that faces Hardt Street.

Building “A” will be accessible via two 26-foot access drives which will be provided via Hardt Street and provide 43 parking spaces.

Building B proposes a total of 17,586 square feet which is inclusive of a 1,286 square foot mezzanine with an entry that faces Hardt Street.

Building B will be accessible via two 26-foot access drives which will be provided via Hardt Street and provide 43 parking spaces. Building A and B will share the second access drive off Hardt Street. Proposed Building C will be centered on Lot 24 and Lot 25, which consists of 1.24 acres and proposes a total of 18,323 square feet which is inclusive of a 1,275 square foot mezzanine and an entry that faces Hardt Street.

Building C will be accessible via two (2) 30-foot access drives which will be provided via Hardt Street and provide 46 parking spaces. Proposed Buildings D1 and D2 will be centered on Lot 17 and Lot 18, which consists of 1.02 acres with an entry that faces Hardt Street and will provide 81 parking spaces.

All five (5) service commercial buildings will have a truck well (loading space) that is proposed to the rear of the building and associated ADA parking, clean air vehicle spaces, bicycle parking, and landscaping throughout the site.

The project aims to use Assembly Bill 2097 which was approved in September 2022 to reduce the number of parking spaces that are required as the site is located within ½ mile of public transit as defined by the bill.

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.

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Finding of Fact: There are existing commercial structures already served by a full range of public services and utilities. Establishment of the proposed projects, subject to Conditions of Approval, 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 development would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.

Finding of Fact: The proposed use is similar in nature and operating characteristics to the existing uses in the surrounding area. Therefore, the design of the project, in conjunction with the recommended Conditions of Approval and Mitigation Measures contained within the Mitigation Monitoring and Reporting Program, will ensure that the proposals 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 contrary 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 4. Conditions of Approval for Development Permit Type-D 21-18, 19, 20, and 21: The approval of Development Permit Type-D 21-18, 19, 20, and 21 shall be subject to the following Conditions of Approval:

1. This approval is to allow the development and establishment of five (5) service commercial buildings totaling approximately 67,451 square feet on several APNs for a combined 4.81acres. Building “A” is located on the north side of E. Hardt Street 1,090 feet west of S. Tippecanoe Avenue at APNs: 0281-301-17 and 0281-311-08. Building's “B” through “D2” are all located on the north side of E. Brier Drive and E. Hardt Street, west of Tippecanoe Avenue, South of the BNSF Railroad and East of S Gifford Avenue APNs: 0281-311-06, 07, 11, 12, 18, and 19 within the Commercial Regional (CR-3) zone, Ward 3.

2. The project site shall be developed and maintained in accordance with the plans stamped September 18, 2024 (EXHIBIT “A”), approved by the City, which includes a complete set of plans on file in the Planning Division; the Conditions of Approval contained herein; and, the City’s Municipal Code regulations.

3. Within two (2) years of the Development Permit approval, commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the permit/approval shall become null and void. However, approval of the Development Permit does not authorize commencement of construction. All necessary permits must be obtained prior to commencement of specified construction activities included in the Conditions of Approval.

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EXPIRATION DATE: September 18, 2026

4. The review authority may, upon application being filed thirty (30) days prior to the expiration date of Development Permit Type-D 21-18 and for good cause, grant a time extension not to exceed twelve (12) months. The review authority shall ensure that the project complies with all current Development Code provisions.

5. 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.

6. Commercial and public parking areas abutting residentially designated property shall have a 6-foot high solid architecturally treated decorative masonry wall approved by the Director. All wall treatments shall occur on both sides.

7. Any proposed fencing with roll away gate shall provide access by means of gate key, code, or remote.

8. Landscaping shall conform to that shown on final submitted landscape plans approved on September 18, 2024. A landscape plan shall be submitted to the Planning Division and the Land Development Division, prior to the issuance of grading permits.

9. All parking areas shall provide 25% permanent shading for parked vehicles. Any reasonable combination of shading methods can be utilized. If trees are used, they may not thereafter be trimmed so as to reduce the effectiveness of their shading ability.

10. The property owner(s), facility operator and property management will be responsible for regular maintenance of the site. Vandalism, graffiti, trash, and other debris must be removed within 24 hours of being reported.

11. Service and associated truck storage areas shall be completely screened from public view.

12. All vehicles associated with the business shall be parked or stored on-site and not in adjoining streets and alleys.

13. The premises shall always be kept in a neat and orderly condition.

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14. Schedule all grading activities to ensure that repeated grading will not be required, and that implementation of the desired land use (e.g. planting, paving or construction) will occur as soon as possible after grading.

15. It shall be unlawful for the driver, owner or operator of any commercial vehicle having a manufacturer’s Gross Vehicle Weight rating (GVWR) exceeding 10,000 pounds to park, or cause to be parked, except for the immediate loading and unloading of goods, any such vehicle upon any public street, or alley, or on any residentially zoned property, within any residential land use district in the City. This prohibition shall not apply to construction sites during the construction process or to recreational vehicles.

16. No fence, wall, hedge, sign or other structure, shrubbery, mounds of earth, or other visual obstruction over 36 inches in height above the nearest street curb elevation shall be erected or placed within a Traffic Safety Sight Area. A Traffic Safety Sight Area is a triangular portion of a lot formed by three distances measured along and/or perpendicular to property lines at the intersection of two street rights-of-way or at intersections of driveways, parking entrances, and alleys with a street right-of-way.

17. All conditions of the Public Works Department shall be met to the satisfaction of the City Engineer.

18. The applicant/property owner must sign and have notarized an affidavit acknowledging acceptance of the conditions of approval and return it to the Planning Division within thirty (30) days of the effective date of this approval.

19. 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.

20. This approval shall comply with the requirements of other outside agencies (i.e. Caltrans, San Bernardino County Health Department, Division of Environmental Health Services, San Bernardino County Consolidated Fire District, and California Board of Equalization), as applicable.

21. All Landscaping shall comply with the provisions set forth in Section 19.28 of the City of San Bernardino Development Code.

22. The applicant/owner shall maintain all existing landscaping in the parking lot and setbacks in a weed and disease-free condition at all times and any dead or missing vegetation must be promptly replaced.

23. The landscaping plan shall provide for a variety of plant materials, with an emphasis on drought tolerant species, appropriate for the local environment and shall include a legend showing common names, sizes, quantities, location, dimensions of planted area, and percentage of parking lot landscaping.

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24. The minimum acceptable surface weight for a noise barrier is four pounds per square foot (equivalent to ¾-inch plywood). The barrier shall be of a continuous material which is resistant to sound including: Masonry block, 2. Precast concrete 3, earth berm or a combination of earth berm with block concrete.

25. No use shall emit any obnoxious odor or fumes.

26. Any equipment, whether on the roof, side of structure, or ground, shall be screened. The method of screening shall be architecturally compatible in terms of materials, color, shape, and size. The screening design shall blend with the building design and include landscaping when on the ground.

27. Signs are not approved as a part of this permit. Prior to establishing signs, the applicant must submit an application for approval by the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.

28. 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 may only occur Monday through Friday.

29. The project shall comply with all applicable requirements of the City of San Bernardino Community Development Department, Land Development and Building & Safety Divisions, Fire Department, Police Department, Municipal Water Department, Public Works Department, and the City Clerk’s Office/Business Registration Division.

30. Submittal requirements for permit applications with the Building and Safety Division shall include all Conditions of Approval issued with this approval, printed on the plan sheets.

31. No final Certificate of Occupancy will be issued until all conditions of approval have been completed.

32. These are service commercial buildings, and all land uses shall be as such. All land uses shall adhere to the standards for the Commercial Regional-3 (CR-3) zone found within Chapter 19.06 Table 06.01 (Commercial Zones list of Permitted, Development Permitted, and Conditionally Permitted Uses) Page 5 of the City of San Bernardino Development Code.

Consolidated Public Works Division

33. Drainage and Flood Control
a. 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.

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b. If site drainage is to be discharged 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.
c. A Preliminary Full-Categorical Water Quality Management Plan (WQMP) has been approved.
d. 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 copy of the approved WQMP is required prior to grading permit issuance. e. A Storm Water Pollution Prevention Plan (SWPPP) will be required. The applicant is directed to the State Water Resources Control Board (SWRCB) SMART Login system. The SWPPP shall be approved by the State and a CD copy of the approved SWPPP shall be submitted to the City prior to grading permit issuance.
f. 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. g. 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.

34. 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. All existing fencing and walls shall be shown and detailed on the on-site improvement plan.
c. Adequate lighting shall be provided for the Easterly and Southerly portion of the project site.
d. 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.
e. The site shall be paved with either ACC or PCC (Asphalt or Concrete).

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f. The refuse enclosure(s) shall be constructed in accordance with City Standard Drawing No. 508 with modification to provide ADA access. The minimum size of the refuse enclosure shall be 8 feet x 15 feet, unless the Public Services Department, Refuse Division, approves a smaller size, in writing. Where a refuse enclosure is proposed to be constructed adjacent to spaces for parking passenger vehicles, a 3’ wide by 6 “high concrete planter shall be provided to separate the enclosure from the adjacent parking. The placement of the enclosure and design of the planter shall preclude the enclosure doors from opening into drive aisles or impacting against adjacent parked cars. The number and placement of refuse enclosures shall conform to the location and number shown on the site plan as approved by the Development Review Committee, Planning Commission or City Council.
g. Wheel stops are not permitted by the Development Code, except at designated accessible parking spaces. 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.
h. 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.
i. 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. j. Continuous concrete curbing at least 6 inches high and 6 inches wide shall be provided at least 3 feet from any wall, fence, property line, walkway, or structure where parking and/or drive aisles are located adjacent thereto. Curbing may be left out at structure access points. The space between the curb and wall, fence, property line, walkway or structure shall be landscaped, except as allowed by the Development Review Committee.
k. 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.
l. 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.

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m. 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. n. An accessible path of travel shall be provided from the public way to the building entrance. All pathways shall be paved and shall provide a minimum clear width of 4 feet. Where parking overhangs the pathway, the minimum paved width shall be

6.5 feet.
o. A copy of the reciprocal easement shall be submitted to Land Development with formal plan submittal.
p. A Lot Merger is required for this project. The Lot Merger shall be recorded prior to Building Permit issuance. The applicant is directed to the City’s web page at www.sbcity.org– Departments – Public Works – Submittal Requirements for submittal requirements.
q. The project Landscape Plan shall be reviewed and approved by the Land Development Division prior to issuance of a grading permit. Submit 3 copies to the Land Development Division for Checking.
r. Prior to occupancy of any building, the developer shall post a bond to guarantee the maintenance and survival of project landscaping for a period of one year. s. All electrical transformers located outdoors on the site shall be screened from view with a solid wall or landscaping and shall not be located in any setback/right-of-way area. If the transformer cannot be screened, it shall be located in an underground vault unless approved by the City Engineer pursuant to Section 19.30.110.
t. 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.
u. The on-site improvement plan shall include details of on-site lighting, including light location, type of poles and fixtures, foundation design with structural calculations, conduit location, material and size, and Photometric plot shall be provided which show that the proposed on-site lighting design will provide:
•1 foot-candle of illumination uniformly distributed over the surface of the parking lot during hours of operation, and
•0.25 foot-candles security lighting during all other hours.

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35. Utilities
a. Backflow preventers shall be installed for any building with the finished floor elevation below the rim elevation of the nearest upstream utility access hole. b. 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.
c. Existing Utilities which interfere with new construction shall be relocated at the Developer's expense as directed by the City Engineer, except overhead lines, if required by provisions of the Development Code to be undergrounded. See Development Code Section 19.20.030 (non-subdivisions) or Section 19.30.110 (subdivisions).
d. The project site shall be provided with separate water and sewer facilities so the City or the agency providing such services in the area can serve it.

36. Street Improvement and Dedications
a. For the streets listed below, dedication of adequate street right-of-way (R.W.) to 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 Right of Way(ft.)
From Centerline
Curb Line(ft)
From Centerline
Hardt Street
(281-301-17, 0281-311-
06, 07, 08, 11, and 12)

27.5’ Existing

2.5’ Dedication for a total
½ width of 30’
“Local Continuous”
22’ Existing
None-Proposed per General
Plan
Brier Road
(Gould Street)
(281-311-18, 281-311-19)
40’ Existing
4’ Dedication for a total ½
width of 44’
“Secondary Arterial”
34’ Existing
None-Proposed per General
Plan
b. Hardt Street- T. I=7.5:
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, if the Soils Report is obtained and indicates a thicker improvement, the thicker section shall be used.

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ii. The existing curb & gutter panels are in fair condition. If any curb & gutter panels are lifted, cracked, each of the panels shall be replaced per city standards.
iii. Construct Commercial Driveway Approach per City Standard No. 204, Type II, including an accessible bypass 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.
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. 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. Remove existing driveways that are not being used under the project plans and replace with Curb Gutter and Sidewalk per city Standards. viii. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications.
ix. For existing streetlights, Install Solar LED Street Light Heads in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer.
x. Appropriate permits from the County of San Bernardino and any other jurisdiction shall be required when adjacent, over, or under any of the Municipalities.
xi. Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections.
xii. No Truck Parking will be allowed on Hardt Street, install/replace 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.

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*These Conditions are set for an estimated construction within two years. If construction exceeds two years from DERC Approval these conditions shall be reviewed and updated as needed.
c. Brier Road- T. I=7.5:
xiv. The street is in fair condition and no AC improvements are needed at this time.
xv. The area’s damages shall be a full Remove and Replacement (R&R). (including Curb and Asphalt lifted by trees).
xvi. When Replacing/Reconstructing Curb and Gutter panels, Construct 8" Curb and Gutter per City Standard No. 200, type “B”.
xvii. Construct Sidewalk per City Standard No. 202; Case "A" (6’ wide adjacent to curb).
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. When Striping, use only thermoplastic paint per Section 84 of Caltrans Specifications.
xx. For existing streetlights, Install Solar LED Street Light Heads in accordance with City Standards. Also, when more than three (3) streetlights a separate street light plan sheet shall be submitted in the Improvement set in accordance with the City of San Bernardino Street Lighting Design Policies.
xxi. Install ID Plate on Street light pole. Supply one (1) additional head for each solar head installed, As Directed by the City Traffic Engineer. xxii. Appropriate permits from the County of San Bernardino and any other jurisdiction shall be required when adjacent, over, or under any of the Municipalities.
xxiii. Install 2-3” Conduit 36” under the sidewalk with pull rope and pull boxes for future Traffic connections.
xxiv. No Truck Parking will be allowed on Brier Road, install/replace signs per city standards.
d. 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.

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d. A Temporary construction encroachment permit from the Public Works Department shall be required for utility cuts into existing streets or any work within the 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.
e. Any pavement works affecting the traffic loop detectors shall be coordinated and subjected to Public Works Traffic Division requirements. f. 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 the Public Works Department.
g. The above conditions shall comply with current codes, policies, and standards at the time of construction.
h. No Direct Connections to underground Storm Drain Systems or Catch Basins. i. Prior to Certificate of Occupancy or Completion of Project all As-builts shall be submitted to Public Works.
j. All off-site improvement plans submitted for plan check shall be prepared on the City’s standard 24” x 36” sheets. A signature block satisfactory to the City Engineer or his designee shall be provided.
k. After completion of plan checking, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the City Engineer and/or Building Official for approval.
l. 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.

37. Required Engineering Plans
i. A complete submittal for plan check shall consist of ▪Street improvement plans (may include streetlights or street lighting may be separate plan).
▪Sewer plans (private sewers may be shown on on-site improvement plan; public sewers must be on a separate plan with profile submitted to

SBMWD),
▪Storm drain plans (private storm drains may be shown on on-site improvement plans; public storm drains must be on a separate plan with profile),
▪Off-site improvement plans

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▪Traffic control and ROW Permits
▪Signing and stripping plan (may be on sheets included in street improvement plan),
▪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 into on-site improvement plan), ▪On-site improvement plan and on-site landscaping and irrigation, ▪Water plans (shall be submitted to San Bernardino Municipal Water Department),
▪Other plans as required, piece mill of plans of various types will not be accepted.
▪All required calculations, studies and reports must be included in the initial submittal (including but not limited to, soils report, drainage studies, or structural calculations).
ii. All off-site improvement submitted for plan check shall be prepared on the City standard 24” x 36” sheets with a signature block satisfactory to the City Engineer and/or Building Official approval.
iii. After completion of the plan checking process, final Mylar drawings, stamped and signed by the Registered Civil Engineer in charge, shall be submitted to the city Engineer and/or Building Official for approval.
iv. Copies of the Cities design policies, procedures, and standard drawings are available on the cities website at http://www. Sbcity.org no charge or via the front counter at the Public Works Department for a nominal fee.

38. Required Engineering Permits
a. Grading permit.
b. On-site improvements construction permit (except buildings - see Development Services-Building Division),
c. Off-site improvement construction permits.

39. Applicable Engineering Fees
a. All plan check; permits, 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 if the construction cost estimate varies more than 10% from the estimate submitted with the application for plan checking.
b. The current fee schedule is available at the Public Works Counter and at http://www.sbcity.org.

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40. Traffic Requirements
a. 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 applicable engineering standards and to the satisfaction of the City of San Bernardino Traffic Engineering Division. b. In conjunction with standard City of San Bernardino development review procedures, on‐site traffic signing and striping plans should be prepared in accordance with applicable State and Federal standards. c. The final grading, landscaping, and street improvement plans should demonstrate that sight distance standards are met in accordance with applicable City of San Bernardino /California Department of Transportation sight distance standards. d. Payment of applicable of local and regional development impact fees shall be paid to the City of San Bernardino.
e.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.
f. 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. g. 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.

41. 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 dated 8/1/23 identifies the development and establishment of five (5) service commercial buildings. The project site is located on the north side of E.

Hardt Street, west of Tippecanoe Avenue.
c. Burrtec Waste Comments:

Project Description:
•Building A- 17,783 square foot industrial building.
•Building B-17,586 square foot industrial building.
•Building C-18,323 square foot industrial building.
•Building D1 and D2-13,759 square foot industrial building combined.

Based upon the information provided, the projects meet or exceed Burrtec’s minimum requirements for trash enclosure size, location, and accessibility.

Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables.

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In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per AB1826.

Any changes to the overall project design, enclosure specifications or location, or access may adversely impact Burrtec’s ability to service the project. Any design modifications that could impact Burrtec’s service will be subject to review and approval by Burrtec.

Burrtec’s review of this project is limited to determining whether it meets Burrtec’s minimum standards for waste and recycling collection services. Any comments or approvals by Burrtec are limited to these minimum standards as they relate to our equipment and personnel and do not pertain to the project’s compliance with applicable federal, state, and local land use and environmental laws, building codes or other applicable government regulations. Any approvals by Burrtec do not warrant or represent that Burrtec accepts any liability relative to the performance of waste and recycling collection services within this project.

End of Burrtec Waste Comments.
d. Refuse The Site Plan identifies two trash enclosures located on the north and west sides of the building. They are served by a looped driveway with a minimum width of 26 feet. Enclosure details are provided on Sheet DD1.1. Based upon the information provided, the project meets or exceeds Burrtec’s minimum requirements. Burrtec will therefore provide the project with standard commercial collection services for trash and mixed recyclables. In the event that any tenant is involved with the production or distribution of food products, they will be required to participate in a food waste recycling program per Assembly Bill 1826.
e. Refuse enclosures must meet or exceed City Standard Plan 508 Refuse Enclosure 8’- 0”x 15’-0” clear interior dimensions for the container storage area, unless a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products.
f. If a potential tenant/business is involved in the production, manufacture, distribution, or sale of food products, participation in a food waste recycling program is required per Assembly Bill 1826. This will require additional space within refuse enclosures for food waste containers. Therefore, enlarge (modify) the refuse enclosures interior dimensions to accommodate the following:

Trash – One 4 cubic yard container
Mixed Recyclables – One 4 cubic yard container
Food Waste – One 2 cubic yard container
Modified refuse enclosures shall be reviewed and approved by the Public Works Department, the Building and Safety Division, and Burrtec Waste.

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g. Provide one refuse enclosure per each potential tenant. h. Contact the Building & Safety Division to determine if any ADA accessibility modifications must be made to the refuse enclosure. Modifications made to refuse enclosures to meet ADA accessibility requirements shall not decrease the minimum clear interior dimensions needed for the container storage area. i. Site Plans shall display clear drive aisle widths.
j. Refuse enclosures within five (5) feet of combustible construction shall install an automatic fire sprinkler as approved by the Building & Safety Division and the San Bernardino County Fire Department. (See City Standard Plan 508) k. Refuse enclosure roofs shall be a minimum of eight (8) feet high interior at its lowest point, with minimal front protrusions that can be damaged during container servicing and must extend over any open side or the rear of the refuse enclosure by at least six (6) inches or as approved by the City.
l. Burrtec Waste Truck Turning Radius – All corners and intersections on streets and driveways leading to refuse enclosures shall have a turning radius adequate for a 35- foot long, three-axle collection truck. Collection trucks require a minimum 23-foot interior curb return radius to make a minimum 28-foot turn.

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 Radius template may be obtained from the Public Works Department in PDF and CAD. m. Vertical and Horizontal Clearances – The minimum vertical clearance for collection trucks along the entire route to the refuse enclosure is fifteen (15) feet. The minimum vertical clearance in front of the refuse enclosure where the truck will empty the container shall be twenty-six (26) feet. The clear height shall be free of building overhangs, trees, and utility lines. The minimum horizontal clearance along the entire route to an enclosure is 12 feet.
n. Hammerhead Turnarounds shall meet or exceed San Bernardino County Fire Protection District Standard Number A-1 Diagram A-1.12: Hammerhead Turnaround Detail dated July 1, 2021. San Bernardino County Hammerhead detail may be obtained from the City Public Works Department.
o. Tenants/Businesses involved in the production, manufacture, distribution, or sale of food products shall participate in a food waste recycling program per Assembly Bill 1826. This will require additional container(s) for food waste. p. As specific tenant(s) have not been identified, consideration should also be given to future tenant(s) waste and recycling needs. These may include trash compactors, cardboard balers, and roll-off boxes. If the building is used for the production, manufacture, distribution, or sale of food products, the tenant(s) shall participate in a food waste recycling program per Assembly Bill 1826.
q. If gated, access shall be provided by means of a key, code, or remote.

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r. Assembly Bill 341 Mandatory Commercial Recycling may apply. s. Assembly Bill 1826 Mandatory Commercial Organics Recycling may apply. t. Senate Bill 1383 Short-Lived Climate Pollutants Reduction Act may apply. u. 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.

Building and Safety Division

42.After the public hearing appeal period ends, applicant shall submit construction plans to the Building and Safety Division for plan check in order to obtain the required building permits.

43. The project shall comply with the California Building Codes as adopted and amended by the City of San Bernardino Municipal Code, Title 15.3.

44. A geotechnical investigation report prepared by a qualified geotechnical engineer is required. The applicant shall submit this report for review and approval prior to the issuance of building permits.

45. The construction drawings require professional preparation. Submit plans and structural calculations prepared by a California registered engineer or architect.

46. The project shall comply with state and federal disabled access requirements.

Consolidated County of San Bernardino Fire District

47. 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.

48. The required fire fees shall be paid to the San Bernardino County Fire Department/Community Safety Division.

49. Fire Condition Letters shall expire on the date determined by the Planning Division or Building and Safety.

50. An automatic fire sprinkler system complying with NFPA Pamphlet #13 and Fire Department standards is required. The applicant shall hire a licensed fire sprinkler contractor. The fire sprinkler contractor shall submit plans with hydraulic calculations, manufacturers specification sheets and a letter from a licensed structural (or truss) engineer with a stamp verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design to the Fire Department for approval.

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The contractor shall submit plans showing the type of storage and use with the applicable protection system. The required fees shall be paid at the time of plan submittal.

51. A letter from a licensed structural (or truss) engineer shall be submitted with an original wet stamp at time of fire sprinkler plan review, verifying the roof is capable of accepting the point loads imposed on the building by the fire sprinkler system design.

52. A manual, automatic or manual and automatic fire alarm system complying with the California Fire Code, NFPA and all applicable codes is required. The applicant shall hire a licensed fire alarm contractor. The fire alarm contractor shall submit detailed plans to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

53. Permission to occupy or use the building (Certification 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”.

54. Building Plans shall be submitted to the Fire Department for review and approval. The required fees shall be paid at the time of plan submittal.

55. 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.

56. 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. The development shall have a minimum of one 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. 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. (County Ordinance #3586.

57. Fire access roadways shall not exceed a maximum of twelve (12%) percent grade at any point. Fire access roadways or driveways may be increased to fourteen (14%) percent grade for a distance not to exceed five hundred (500) feet.

Fire access roadways providing access to no more than two (2) one or two-family dwellings may be increased to a maximum of sixteen (16%) percent grade not to exceed five hundred (500) feet. Grades across the width of a fire access roadway shall not exceed five (5%) percent. In order to accommodate proper angles of approach and departure, gradient shall not exceed five (5%) percent change along any ten (10) foot section.

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58. 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.

59. Prior to building permits being issued to any new structure, the primary access road shall be paved or on an all-weather surface and shall be installed as specified in the General Requirement conditions including width, vertical clearance, and turnouts.

60. Prior to building permits being issued to any new structure, the secondary 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.

61. The applicant shall submit a fire lane plan to the Fire Department for review and approval. Fire lane curbs shall be painted red. "No Parking, Fire Lane" signs shall be installed on public/private roads in accordance with the approved plan.

62. This project requires 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 to 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.

63. 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 the California Fire Code. The Fire Flow for this project shall be: 1,750 GPM for a Two-hour duration at 20 psi residual operating pressure. Fire Flow is based on a 16,514 sqrft. structure.

64. A water system approved and inspected by the Fire Department is required. The system shall be operational, prior to any combustibles being stored on the site. Fire hydrants shall be spaced no more than three hundred (300) feet apart (as measured along vehicular travel-ways) and no more than three hundred (300) feet from any portion of a structure.

65. 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.

66. 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.

67. An approved Fire Department key box is required. In commercial, industrial, and multi- family complexes, all swing gates shall have an approved fire department Lock (Knox ®).

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68. 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.

69. Hand portable fire extinguishers are required. The location, type, and cabinet design shall be approved by the Fire Department.

70. The applicant shall install Fire Department approved material identification placards on the outside of all buildings and/or storage tanks that store or plan to store hazardous or flammable materials in all locations deemed appropriate by the Fire Department.

Additional placards shall be required inside the buildings when chemicals are segregated into separate areas. Any business with an N.F.P.A. 704 rating of 2-3-3 or above shall be required to install an approved key box vault on the premises, which shall contain business access keys and a business plan.

71. Commercial and industrial developments of 100,000 sqrft or less shall have the street address installed on the building with numbers that are a minimum eight (8) inches in height and with a one (1) inch stroke. The street address shall be visible from the street.

During the hours of darkness, the numbers shall be electrically illuminated (internal or external). Where the building is two hundred (200) feet or more from the roadway, additional nonilluminated address identification shall be displayed on a monument, sign or other approved means with numbers that are a minimum of six (6) inches in height and three-quarter (¾) inch stroke.

72. The applicant shall contact the San Bernardino County Fire Department/Hazardous Materials Division (909) 386-8401 for review and approval of building plans, where the planned use of such buildings will or may use hazardous materials or generate hazardous waste materials.

73. 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”.

74. 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.

75. Construction permits shall automatically expire and become invalid unless the work authorized 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 within 180 days of any previous inspection.

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76. After a construction permit 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.

77. A request to extend any permit may be made in writing PRIOR TO the expiration date justifying the reason that the permit should be extended.

78. Roadways exceeding one hundred fifty (150) feet in length shall be approved by the Fire Department.

79. 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.

80. The applicant shall submit a letter to the Fire Department agreeing to and committing to installation of a fire protection system prior to the building inspection for drywall and insulation.

81. In addition to the Fire requirements stated herein, other onsite and off-site improvements may be required which cannot be determined at this time and would have to be reviewed after more complete improvement plans and profiles have been submitted to this office.

82. Any changes to this proposal shall require a new Fire Department condition letter.

SECTION 5. 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 6. 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.

SECTION 7. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of September 2024
Helen Tran, Mayor
City of San Bernardino

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Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-145, adopted at a regular meeting held on the 18 th day of September 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT

REYNOSO
CALVIN

ALEXANDER
WITNESS my hand and official seal of the City of San Bernardino this _ day of , 2024.

Genoveva Rocha, CMC, City Clerk

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Packet Page. 613

KENNETH D. SMITH

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Packet Page. 614

KENNETH D. SMITH

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500 FESLER ST. SUITE 102
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Packet Page. 615

KENNETH D. SMITH

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500 FESLER ST. SUITE 102
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Packet Page. 624

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project

1 Mitigation Monitoring and Reporting Program
Introduction
The California Environmental Quality Act (CEQA) requires a lead or public agency that approves or carries out a project for which an Mitigated Negative Declaration has been certified which identifies one or more significant adverse environmental effects and where findings with respect to changes or alterations in the project have been made, to adopt a “…reporting or monitoring program for the changes to the project which it has adopted or made a condition of project approval in order to mitigate or avoid significant effects on the environment” (CEQA, Public Resources Code Sections 21081, 21081.6).

A Mitigation Monitoring and Reporting Program (MMRP) is required to ensure that adopted mitigation measures are successfully implemented for the Hardt and Brier Business Park Project (Project). The City of San Bernardino is the Lead Agency for the project and is responsible for implementation of the MMRP. This report describes the MMRP for the Project and identifies the parties that will be responsible for monitoring implementation of the individual mitigation measures in the MMRP.

Mitigation Monitoring and Reporting Program
The MMRP for the Project will be active through all phases of the Project, including design, construction, and operation. The attached table identifies the mitigation program required to be implemented by the City for the Project. The table identifies mitigation measures required by the C ity to mitigate or avoid significant impacts associated with the implementation of the Project, the timing of implementation, and the responsible party or parties for monitoring compliance.

The MMRP also includes a column that will be used by the compliance monitor (individual responsible for monitoring compliance) to document when implementation of the measure is completed. As individual Plan, Program, Policies; and mitigation measures are completed, the compliance monitor will sign and date the MMRP, indicating that the required actions have been completed.

Packet Page. 625

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project

2 This page intentionally left blank.

Packet Page. 626

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project 3 TABLE 1: MITIGATION MONITORING AND REPORTING PROGRAM
Mitigation Measures Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials

AESTHETICS
PPP AES -1: Outdoor Lighting. All outdoor luminaires installed shall be appropriately located and adequately shielded and directed such that no direct light falls outside the parcel of origin, or onto the public right -of-way. In addition, outdoor luminaires shall not blink, flash, or rotate and shall be shown on electrical plans submitted to the Department of Building and Safety for plan check approval and shall comply with the requirements of Municipal Code Section 19.20.030
Submission of electrical
plans prior to plan check
approval.

Department of Building
and Safety.

AIR QUALITY
PPP AQ-1: Rule 402. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 402. The Project shall not discharge from any source whatsoever such quantities of air contaminants or other material which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health or safety of any such persons or the public, or which cause, or have a natural tendency to cause, injury or damage to business or property.

In construction plans and
specifications. During
Project operation. Prior
to grading and building
permits.

Department of Building
and Safety.

PPP AQ-2: Rule 403. The Project is required to comply with the provisions of South Coast Air Quality Management District (SCAQMD) Rule 403, which includes the following:
• All clearing, grading, earth-moving, or excavation activities shall cease when winds exceed 25 mph per SCAQMD guidelines in order to limit fugitive dust emissions.
• The contractor shall ensure that all disturbed unpaved roads and disturbed areas within the project are watered, with complete coverage of disturbed areas, at least 3 times daily during dry weather; preferably in the mid-morning, afternoon, and after work is done for the day.

In construction plans and
specifications. Prior to
building permits.

Department of Building
and Safety.

Packet Page. 627

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project 4 Mitigation Measures Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
The contractor shall ensure that traffic speeds on unpaved roads and project site areas are reduced to 15 miles per hour or less.

PPP AQ-3: Rule 1113. The Project is required to comply with the provisions of South Coast Air Quality Management District Rule (SCAQMD) Rule 1113. Only “Low-Volatile Organic Compounds” paints (no more than 50 gram/liter of VOC) and/or High Pressure Low Volume (HPLV) applications shall be used.

Compliance with Rule
1113.

Department of Building
and Safety and
SCAQMD.

BIOLOGICAL RESOURCES
Mitigation Measure BIO-1: Nesting Bird Survey. Vegetation removal should occur outside of the nesting bird season (generally between February 1 and September 15). If vegetation removal is required during the nesting bird season, the applicant must conduct take avoidance surveys for nesting birds prior to initiating vegetation removal/clearing. Surveys will be conducted by a qualified biologist(s) within three days of vegetation removal. If active nests are observed, a qualified biologist will determine appropriate minimum disturbance buffers and other adaptive mitigation techniques (e.g., biological monitoring of active nests during construction -related activities, staggered schedules, etc.) to ensure that impacts to nesting birds are avoided until the nest is no longer active. At a minimum, construction activities will stay outside of a 300-foot buffer around the active nests. For raptor species, the buffer is to be expanded to 500 feet. The approved buffer zone shall be marked in the field with construction fencing, within which no vegetation clearing or ground disturbance shall commence until the qualified biologist and City of San Bernardino Planning Division verify that the nests are no longer occupied, and the juvenile birds can survive independently from the nests. Once the young have fledged and left the nest, or the nest otherwise becomes inactive under natural conditions, normal construction activities may occur.

Conduct take avoidance
surveys for nesting birds if
vegetation removal occurs
during nesting bird
season. Submittal of pre-
activity nesting bird field
survey results report
(during Feb 1 – Aug 31).

Three days prior to
initiating vegetation
removal/clearing.

Qualified biologist and
City of San Bernardino
Planning Division.

Mitigation Measure BIO -2: Nesting Bird Buffer. If nesting birds are encountered, a qualified biologist must establish an avoidance buffer zone around the nest (buffer zones vary according to species involved and shall be determined by the qualified biologist). No activities that would adversely affect the nest shall occur within the buffer zone until the qualified biologist Establish an avoidance
buffer zone around nests,
if identified through
Mitigation Measure BIO-

1. Prior to and during
construction activities.

Qualified biologist and
City of San Bernardino
Planning Division

Packet Page. 628

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project 5 Mitigation Measures Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
has determined the nest is no longer active and the young are no longer dependent on the nest.

CULTURAL RESOURCES
PPP CUL-1: Human Remains. Should human remains or funerary objects be discovered during project construction, the project would be required to comply with State Health and Safety Code Section 7050.5, which states that no further disturbance may occur in the vicinity of the body (within a 100-foot buffer of the find) until the County Coroner has made a determination of origin and disposition pursuant to Public Resources Code Section 5097.98. The County Coroner must be notified of the find immediately. If the remains are determined to be prehistoric, the Coroner will notify the Native American Heritage Commission, which will determine the identity of and notify a Most Likely Descendant (MLD). With the permission of the landowner or his/her authorized representative, the MLD may inspect the site of the discovery. The MLD must complete the inspection within 48 hours of being granted access to the site.

In construction plans and
specifications. During
construction activities.

Compliance with State
Health and Safety
Code Section 7050.5
and 5097.98. Notify
NAHC and MLD.

County Coroner and
City of San Bernardino
Planning Division

GEOLOGY AND SOILS
PPP WQ-1: SWPPP. Prior to grading permit issuance, the project developer shall have a Stormwater Pollution Prevention Plan (SWPPP) prepared by a QSD (Qualified SWPPP Developer) pursuant to the Municipal Code Chapter

13.54. The SWPPP shall incorporate all necessary Best Management Practices (BMPs) and other City requirements to comply with the National Pollutant Discharge Elimination System (NPDES) requirements to limit the potential of polluted runoff during construction activities. Project contractors shall be required to ensure compliance with the SWPPP and permit periodic inspection of the construction site by City of San Bernardino staff or its designee to confirm compliance.

In construction plans and
specifications. Prior to
grading and building
permits.

City of San Bernardino
Planning Division

PPP WQ-2: WQMP. Prior to grading permit issuance, the project developer shall have a Water Quality Management Plan (WQMP) approved by the City for implementation. The project shall comply with the City’s Municipal Code Section 13.54 and the Municipal Separate Storm Sewer System (MS4) permit requirements in effect for the Regional Water Quality Control Board In construction plans and
specifications. Prior to
grading and building
permits.

City of San Bernardino
Planning Division

Packet Page. 629

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project 6 Mitigation Measures Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
(RWQCB) at the time of grading permit to control discharges of sediments and other pollutants during operations of the Project.

HYDROLOGY AND WATER QUALITY
PPP WQ-1: SWPPP. As described above. As described above. As described above.

PPP WQ-2: WQMP. As described above. As described above. As described above.

HAZARDS AND HAZARDOUS MATERIALS
Mitigation Measure HAZ -1: Disposal of Illegally Dumped Materials. The Project applicant is responsible for ensuring the proper disposal of any and all illegally dumped materials currently on the Project site, in compliance with the City of San Bernardino Municipal Code Chapter 8.24. Proper disposal of all illegally dump ed materials onsite must be completed before any construction activities begin. Signs or fences shall be installed onsite to assist in preventing future onsite dumping of potentially hazardous materials prior to construction.

Disposal of all illegally
dumped materials
currently on the Project
site. Prior to start of
construction activities.

City of San Bernardino
Planning Division

TRIBAL CULTURAL RESOURCES
Mitigation Measure TCR -1: Retain a Native American Monitor Prior to Commencement of Ground-Disturbing Activities.

A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabrieleño Band of Mission Indians – Kizh Nation.

The monitor shall be retained prior to the commencement of any “ground - disturbing activity” for the subject project at all project locations (i.e., both on- site and any off -site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). “Ground-disturbing activity” shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.

B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground -disturbing In construction plans and
specifications. Retain a
Native American Monitor
from or approved by the
Gabrieleño Band of
Mission Indians – Kizh
Nation. Prior to the
commencement of any
ground-disturbing activity
or the issuance of any
permit necessary to
City of San Bernardino
Planning Division and
Native American Monitor.

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Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project 7 Mitigation Measures Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
activity, or the issuance of any permit necessary to commence a ground - disturbing activity.

C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground-disturbing activities, soil types, cultural-related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including but not limited to, Native American cultural and historical artifacts, remains, places of sign ificance, etc., (collectively, tribal cultural resources, or “TCR”), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe.

D. On-site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Kizh from a designated point of contact for the project applicant/lead agency that all ground-disturbing activities and phases that may involve ground-disturbing activities on the project site or in connection with the project are complete; or (2) a determination and written notification by the Kizh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Kizh TCRs.
commence a ground-
disturbing activity.

On-site tribal monitoring
during ground-disturbing
activities.

Mitigation Measure TCR -2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non-Funerary/Non-Ceremonial). Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the Kizh monitor and/or Ki zh archaeologist. The Kizh will recover and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe’s sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes.

In construction plans and
specifications. Upon
discovery of any TCRs halt
construction activities until
resources are assessed
and retained by Kizh
Nation.

Qualified Professional
Archeologist/ City of San
Bernardino Planning
Division.

Mitigation Measure TCR -3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects
In construction plans and
specifications. Upon
discovery of human
Qualified Professional
Archeologist/ City of San

Packet Page. 631

Mitigated Negative Declaration
City of San Bernadino Hardt and Brier Business Park Project 8 Mitigation Measures Action and Timing
Responsible for
Ensuring Compliance /
Verification
Date Completed
and Initials
A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute.

B. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed.

C. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2).

D. Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods.

E. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance.
remains during
construction activities,
follow Public Resource
Code 5097.9 as well as
Health and Safety Code
Section 7050.5.

Bernardino Planning
Division.

PPP CUL-1: Human Remains. As described above. As described above. As described above.

TRIBAL CULTURAL RESOURCES
PPP WQ-1: WQMP. As described above. As described above. As described above.

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Appeal 24-02 of Appeal 24-01 for Development Permit Type-D 21 -18, 19, 20, and 21
Presented by: Community Development and Housing Department

Packet Page. 923

Background
• Mar 16, 2023: Permit Type-D 21-08, 19, 20, and 21 submitted. • Feb 14, 2024: D/ERC holds hearing, receives opposition, approves project. • Feb 27, 2024: SAFER files Appeal 24-01.
• Apr 9, 2024: Planning Commission denies Appeal 24-01, upholding project. • Apr 22, 2024: SAFER files Appeal 24-02.
• July 3, 2024: Request for Continuance to August 21, 2024, MCC Meeting • August 21, 2024: Request for Continuance to September 18, 2024, MCC Meeting.

Packet Page. 924

Location/Zoning Map

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Aerial Map
Flores Street

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Project Considerations
Hardt and Brier Business Park Project is proposed as five (5) service commercial buildings.

The buildings are designed as an open campus concept as to not incorporate an institutional presence.

Packet Page. 927

Project Considerations
• Access: Multiple buildings have driveways and parking spaces on Hardt St, including ADA and bicycle parking.
• Traffic: Traffic impact from the projects is predicted to be minimal by 2025.
• Landscape: Projects will have diverse landscaping, exceeding code requirements.
• CEQA: Proximity of projects led to a study and mitigation measures; invalidation would affect all projects.

Packet Page. 928

Project Plans

Packet Page. 929

Conceptuals
A
D1-D2C
B

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Recommendation
THANK YOU.

QUESTIONS?

Packet Page. 931

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 3835437
Perla Lopez

CITY OF SAN BERNARDINO/ CITY CLERK - LEAD
290 NORTH D ST.

SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING
08- 21- 2024_( AP24- 02)_ Legal Ad
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/ 27/ 1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to- wit:
07/ 24/ 2024
07/ 24/ 2024

SAN BERNARDINO
A000006825637!
Email

NOTI CE OF PUB LIC HEARI NG

CONTINUED

BEFORE THE MAYO R AND

CITY COUNCIL
Notice is hereby given that the City
of San Bernardino M ayo r and City
Councilwill continue the public
hearing on Item No. 3 of the July 3,
2024, Mayor and City Council
Agenda to the Mayor and City
Council meeting on Wednesday,
August 21, 2024, at 5: 00 p. m. in the
Feldheym Public Library, Bing
Wong Auditorium, 555 W. 6th Street,
San Bernardino, California 92410.

Visit the City' s agenda portal at
www. sbcity. org to access more
meeting information.

The purpose of the hearing is to
consider the following:

Appeal 24- 02 --- An appeal of the
Planning Commission denial of
Appeal 24- 01 for Development
Permit Type- D 21- 18, 19, 20, and 21, a
request to allow the development
and establishment of five ( 5) service
commercial buildings. Building ‘‘ A’’
containing 17, 783 square feet on a
project site comprised of two ( 2)
parcels containing a total of 1. 25
acres, located at APNs: 0281- 301- 17
and 0281- 311- 08 on the north side of
E. Hardt Street 1, 090 feet west of S.

Tippecanoe Avenue . Building ‘‘ B’’
containing 17, 586 square feet on a
project site comprised of two ( 2)
parcels containing a total of 1. 30
acres, located at APNs: 0281- 311- 06
and 07. Building ‘‘ C’’ containing
18, 323 square feet on a project site
comprised of two ( 2) parcels
containing a total of approximately

1. 24 acres, located at APNs: 0281-
311- 11 and 12, and Building ‘‘ D1 and
D2’’ containing a combined 13, 759
square feet on a project site
comprised of two ( 2) parcels
containing a total of 1. 02 acres,
located at APNs: 0281- 311- 18 and 19.

Building' s ‘‘ B’’ through ‘‘ D2’’ are all
located on the north side of E. Brier
Drive, East of Tippecanoe Avenue,
South of the BNSF Railroad and
East of S Gifford Avenue within the
Commercial Regional ( CR- 3) zone,
Ward 3.

Environmental Determination:

Mitigated Negative Declaration,
pursuant to Section 15074 ( Adoption
of a Mitigated Negative
Declaration) of the State CEQA
Guidelines
Appellant: Supportive Alliance for
Environmental Responsibility
SAFER’’
1123 Park View Drive
Covina, CA 91724
Owner: Michael D. Gay Separate
Property Trust
9747 Business Park Avenue Ste 222
San Diego, CA 92131

Packet Page. 932

Notice is further given that
members of the public who wish to
comment on the public hearing you
may participate in the following
ways: 1) comments and contact
information can be emailed to
publiccomments@SBCity. Org by
2: 30 P. M. the day of the scheduled
meeting; 2) attending the meeting in
person and providing your public
comment in person, not to exceed
three minutes.

If you challenge the matter in court,
you may be limited to raising only
those issues you or someone else
raised at the public meeting
described in this notice or in written
correspondence delivered to the City
Clerk at or prior to the public
meeting.

The City endeavors to be in total
compliance with the Americans with
Disabilities Act. If you require
assistance or auxiliary aids to
participate in the meeting, please
contact the City Clerk' s Office as far
in advance of the meeting as
possible.

Additional information concerning
the above matter may be obtained
from, and written comments should
be addressed to, City Clerk, City of
San Bernardino, 201 North " E" Street,
Building A, San Bernardino,
California 92401.

Genoveva Rocha, CMC
City Clerk
Dated: July 18, 2024.
7/ 24/ 24
SBS- 3835437#

Packet Page. 933

Appellant Comments:

KENNETH SHAWN SMALLWOOD (civiclive.com)

Applicant Comments:

CH 2_Response to Comments.pdf (civiclive.com)

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 18, 2024
To: Honorable Mayor and City Council Members
From: Rochelle Clayton, Acting City Manager;
Darren Goodman, Chief of Police
Department: Police
Subject: Accept and Administer the FY 24/25 California Office of Traffic Safety (OTS) Selective Traffic Enforcement
Program (STEP) grant (24-12083) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-205 authorizing:

1. The City Manager to accept and administer the FY 2024/25 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and

2. The Director of Finance & Management Services to amend the FY 2024/25 Adopted Budget by $590,000 in both revenue and expenditures Executive Summary
The City of San Bernardino Police Department was awarded a FY 2024/25 OTS Grant in the amount of $590,000. The Department will use grant funding to staff enforcement efforts to include DUI Enforcement, traffic enforcement, motorcycle safety enforcement, and bicycle/pedestrian enforcement. Staff recommends that the Mayor and City Council accept the grant award and amend the FY 2024/25 adopted budget to receive grant funds
Background
The California Office of Traffic Safety (OTS) has awarded its Selective Traffic Enforcement Program (STEP) grant for Fiscal Year 2024/25 to law enforcement agencies in the state that have shown the best practice strategies to reduce traffic collisions and promote traffic safety awareness. The City of San Bernardino has received annual OTS STEP grant funding for well over a decade and has been awarded $590,000 for Federal Fiscal Year October 1, 2024, through September 30, 2025.

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2 2
7 2
Discussion
The OTS STEP grant combines several traffic enforcement programs under a single grant umbrella, which reimburses law enforcement agencies for overtime worked on proven traffic enforcement strategies such as driving under the influence/California driver’s license (DUI/CDL) checkpoints and DUI saturation patrols. In addition to checkpoints and saturation patrols, the Police Department will use grant funds to develop a “Hot Sheet” program to alert patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. Using STEP grant funding, the Police Department will also add patrols focused on motorcycle DUI enforcement, traffic enforcement, collaborative DUI enforcement with neighboring agencies, motorcycle safety enforcement, and bicycle/pedestrian safety enforcement operations. Grant funding will provide for supervisors, detectives, officers, and professional staff to accomplish OTS STEP grant objectives. Staffing levels will vary depending on the enforcement detail being worked.

There are no matching fund requirements for this grant. All grant funded traffic operations will be conducted to make the streets of San Bernardino safer for all pedestrians and motorists.

In addition to enforcement strategies, the STEP program will seek voluntary compliance of traffic laws through public education and safety awareness campaigns throughout the one-year grant period. The grant will reimburse the cost of DUI related training for officers, supplies used at checkpoints, and preliminary alcohol screening (PAS) device/calibration supplies. Staff recommends the Mayor and City Council authorize the City Manager to accept, execute, and administer the State of California OTS STEP Grant Agreement for Grant Number PT25219.
2021-2025 Strategic Targets and Goals
The acceptance and administration of the OTS STEP grant aligns with strategic targets and goal:

1.c. Improved Operational & Financial Capacity: Implement, maintain, and update a fiscal accountability plan, and

3. c. Improved Quality of Life: Constantly evaluate public safety service delivery models to enhance the quality of service.

Fiscal Impact
There is no impact to the General Fund, as there are no matching fund requirements for this grant. Amend the FY 2024/25 adopted budget to include an additional $590,000 in grant funds for both revenues and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-205 authorizing:

1. The City Manager to accept and administer the FY 2024/25 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant; and

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2 2
7 2

2. The Director of Finance & Management Services to amend the FY 2024/25 Adopted Budget by $590,000 in both revenues and expenditures.

Attachments
Attachment 1 Grant Resolution No. 2024-205
Attachment 2 Grant Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

October 4, 2023 Resolution 2023-153, California Office of Traffic Safety STEP grant, approved by Council.

September 21, 2022 Resolution 2022-0645, California Office of Traffic Safety STEP grant, approved by Council.

July 17, 2019 Resolution 2019-264, California Office of Traffic Safety STEP grant, approved by Council.

October 3, 2018 Resolution 2018-272, California Office of Traffic Safety STEP grant, approved by Council.

July 5, 2017 Resolution 2017-126, California Office of Traffic Safety STEP grant, approved by Council.

October 14, 2016 Resolution 2016-211, California Office of Traffic Safety STEP grant, approved by Council.

January 23, 2015 Resolution 2015-10, California Office of Traffic Safety STEP grant, approved by Council.

March 3, 2014 Resolution 2014-49, California Office of Traffic Safety STEP grant, approved by Council.

January 7, 2013 Resolution 2013-1, California Office of Traffic Safety STEP grant, approved by Council.

April 10, 2012 Resolution 2012-67, California Office of Traffic Safety STEP grant, approved by Council.

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Resolution No. 2024-205
Resolution No. 2024-205
September 13, 2024

Page 1 of 3 ends

RESOLUTION NO. 2024-205

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT AND
ADMINISTER THE FY 2024/25 CALIFORNIA OFFICE OF

TRAFFIC SAFETY (OTS) SELECTIVE TRAFFIC

ENFORCEMENT PROGRAM (STEP) GRANT AND THE

DIRECTOR OF FINANCE AND MANAGEMENT SERVICES
TO AMEND THE FY 2024/25 ADOPTED BUDGET BY
$590,000 IN BOTH REVENUE AND EXPENDITURES.

WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety grant for the period of October 1, 2024, through September 30, 2025.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1.The above recitals are true and correct and are incorporated herein by this reference.

SECTION 2. The City Manager is hereby authorized to execute the State of California Office of Traffic Safety Grant Agreement, Grant Number PT25219, in the amount of $590,000, attached hereto, marked Attachment 2, and incorporated herein.

SECTION 3.The Director of Finance and Management Services is hereby authorized to amend the Adopted FY2024/25 budget increasing both revenue and expenditures by $590,000, as outlined in the attached grant agreement 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.

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Resolution No. 2024-205
Resolution No. 2024-205
September 13, 2024

Page 2 of 3 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 18th day of September 2024.

_______________________________
Helen Tran, Mayor
City of San Bernardino
Attest:
____________________________
Genoveva Rocha, CMC, City Clerk
Approved as to form:

____________________________
Sonia Carvalho, City Attorney

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Resolution No. 2024-205
Resolution No. 2024-205
September 13, 2024

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-205, adopted at a regular meeting held on the 18th day of September 2024 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
REYNOSO _____ _____ _______ _______
CALVIN _____ _____ _______ _______
ALEXANDER _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of September 2024.

Genoveva Rocha, CMC, City Clerk

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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT25219

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
San Bernardino From:

To:
10/01/2024
09/30/2025 4. AGENCY UNIT TO ADMINISTER GRANT
San Bernardino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $590,000.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
 Schedule A – Problem Statement, Goals and Objectives and Method of Procedure  Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable)  Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable)  Exhibit A – Certifications and Assurances
 Exhibit B* – OTS Grant Program Manual
 Exhibit C – Grant Electronic Management System (GEMS) Access *Items shown with an asterisk (*), are hereby incorporated by reference and made a part of this agreement as if attached hereto.

These documents can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. Approval Signatures
A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Jeff Harvey

Sergeant

[email protected]

909-388-4912

710 N. “ D” Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Rochelle Clayton

Interim City Manager

[email protected]

(909) 384-5122

290 N D Street
San Bernardino, CA 92401

(Signature) (Date) (Signature) (Date)

C. FISCAL OFFICIAL

D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Amber Venturina

Management Analyst I

[email protected]

(909) 384-5692

290 N D Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Barbara Rooney

Director

[email protected]

(916) 509-3030

2208 Kausen Drive, Suite 300
Elk Grove, CA 95758

(Signature) (Date) (Signature) (Date)

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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES

AGREEMENT
TOTAL $590,000.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above.
$590,000.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $590,000.00

E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Carolyn Vu

SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

HRJPGFZSC3H6

710 N. D Street
San Bernardino
92401-1112
ADDRESS: 2208 Kausen Drive, Suite 300

Elk Grove, CA 95758

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT25219

1. PROBLEM STATEMENT
The City of San Bernardino has a high proportion of traffic crashes. The city is noted for a high level of violent crime, with a high rate of fatalities and crashes. Forty percent of our fatalities are pedestrian related, with 98% involving homeless people.

San Bernardino is the second-largest city in the Inland Empire metropolitan area of California and experiences a large volume of commuter and commercial traffic. San Bernardino is at the crossroads of the inland Empire for commercial traffic and has been impacted by a great increase of commercial businesses, warehouses, and truck traffic, including ingress and egress of employee traffic at all hours.

Traffic enforcement efforts have resulted in a decrease of traffic fatalities of 10.4 percent but experienced an increase in injuries of 19.4 percent during 2023. A decrease in injuries was observed in 2022, and the 2023 increase in injuries is back at the average level seen in the past. Bicycle crashes have been greatly reduced.

Driving under the influence of alcohol fatalities continue to decrease, and pedestrian fatalities have decreased by 20 percent. The current 2023 fatality rate in San Bernardino is 19.35 per capita. Nationally, 2023 fatal crash rates are at a comparative at about 11 per capita. During 2022 traffic fatalities decreased over ten percent, while the national trend continued to rise at about nine percent. Reductions have been observed, attributed to continued high visibility, intelligence-based enforcement through operations funded by OTS and regular enforcement.

One of the major contributors to our crime and traffic issues, besides disregard for the law and safety, is a lack of manpower. Due to a high number of calls for service, patrol units are not able to conduct highly visible traffic enforcement. The motor unit is tasked with high visibility enforcement, but staffs only five officers with an auxiliary unit of ten officers to assist with investigations. The Patrol Division has a high priority level for new staffing, resulting in a reduction of motor officers. The grant funds that have been awarded by the Office of Traffic Safety have been extremely beneficial to the residents, businesses, and visitors of San Bernardino. Grant funds put more officers on the streets for enforcement of traffic laws and educating the public.

In 2023, the San Bernardino Police Department was tasked with investigating 43 fatal traffic crashes, resulting in 43 deaths on our city streets. Many fatal traffic investigations were sent to the San Bernardino County District Attorney’s Office for review and possible manslaughter or murder filings due to gross negligence for several involved drivers. These investigations are time consuming and take the traffic officers off the street for a substantial amount of time, which also adds to the decrease in our proactive time to enforce traffic laws. The funds granted By California Office of Traffic Safety substantially increase officers proactive time to increase traffic safety.

2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

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14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. 12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 6 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 2 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
1 7. Send law enforcement personnel to SFST Instructor training. 1

8. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.
12 9. Conduct DUI Saturation Patrol operation(s). 14

10. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
9 11. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
2 12. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 13. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 6 14. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 15. Participate in highly visible collaborative DUI Enforcement operations. 4

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16. Participate in highly visible collaborative Traffic Enforcement operations. 4

17. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 18. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
2 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year)  The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
 All training needed to implement the program should be conducted in the first quarter.  All grant related purchases needed to implement the program should be made in the first quarter.  In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify the “worst of the worst” repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly.  Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements:

Issue a press release approved by the OTS PIO announcing the kick-off of the grant by November 15, but no sooner than October 1. The kick-off release must be approved by the OTS PIO and only distributed after the grant is fully signed and executed. If you are unable to meet the November 15 deadline to issue a kick-off press release, communicate reasons to your OTS grant coordinator and OTS PIO.

B. Phase 2 – Program Operations (Throughout Grant Year)  The department will work to create media opportunities throughout the grant period to call attention to the innovative program strategies and outcomes.

Media Requirements

The following requirements are for all grant-related activities:
 Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
 Send all Powerpoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
 The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator.  Pre-approval is not required when using any OTS-supplied template for media advisories, press releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a press release, educational material, or link to social media post. The OTS-supplied kick-off press release templates and any kickoff press releases are an exception to this policy and require prior approval before distribution to the media and public.
 If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy to your OTS grant coordinator. Optimum lead time would be 7 days prior to the scheduled release date, but at least 3 business days prior to the scheduled release date for review and approval is appreciated.

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 Press releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are exempt from the OTS PIO approval process. The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
 Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are exempt from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email.  Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval. Please send to the OTS PIO at [email protected] for approval and copy your grant coordinator at least 3 business days prior to the scheduled release date.
 Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
 Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication.  Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.  Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.  Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so OTS has sufficient notice to arrange for attendance and/or participation in the event.

If unable to attend, email the OTS PIO and coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of event within 7 days following significant grant- related event or program. Media and program highlights are to be reflected in QPRs.  Any press releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year needs to be resubmitted for approval in the current grant year.  For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and OTS Grants Media Approval Process FAQs on the OTS website.  Contact the OTS PIO or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
 Collect and report quarterly, appropriate data that supports the progress of goals and objectives.  Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
 Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
 Collect, analyze and report statistical data relating to the grant goals and objectives.

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4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT25219

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
164AL-25 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$390,000.00
402PT-25 20.600 State and Community Highway
Safety
$200,000.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS

Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164AL-25 $15,700.00 12 $188,400.00
DUI Saturation Patrols 164AL-25 $9,650.00 14 $135,100.00 Collaborative DUI Enforcement 164AL-25 $8,675.00 4 $34,700.00 Benefits for 164AL OT @ 5.25% 164AL-25 $358,200.00 1 $18,806.00 Traffic Enforcement 402PT-25 $7,400.00 9 $66,600.00
Distracted Driving 402PT-25 $6,450.00 2 $12,900.00
Motorcycle Safety 402PT-25 $6,400.00 4 $25,600.00
Pedestrian and Bicycle Enforcement 402PT-25 $7,300.00 6 $43,800.00 Traffic Safety Educational Presentations 402PT-25 $1,600.00 2 $3,200.00 Collaborative Traffic Enforcement 402PT-25 $4,400.00 4 $17,600.00 Street Racing and Sideshow Enforcement
Operations
402PT-25 $8,000.00 2 $16,000.00
Benefits for 402PT - OT @ 5.25% 402PT-25 $215,200.00 1 $11,298.00 Category Sub-Total $574,004.00
B. TRAVEL EXPENSES
In State Travel 402PT-25 $3,002.00 1 $3,002.00
$0.00
Category Sub-Total $3,002.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
$0.00
Category Sub-Total $0.00
E. OTHER DIRECT COSTS
PAS Device/Calibration Supplies 164AL-25 $600.00 4 $2,400.00 DUI Checkpoint Supplies 164AL-25 $2,094.00 1 $2,094.00
Phlebotomist 164AL-25 $85.00 100 $8,500.00
Category Sub-Total $12,994.00
F. INDIRECT COSTS
$0.00
Category Sub-Total $0.00

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GRANT TOTAL $590,000.00

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT25219

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Benefits for 164AL OT @ 5.25% - Benefit breakdown
Medicare 1.45%
Unemployment Insurance 0.30%
Workers Compensation 3.5%

Claimed amounts must reflect actual benefit costs for overtime hours charged to the grant.

Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Benefits for 402PT - OT @ 5.25% - Benefit breakdown
Medicare 1.45%
Unemployment Insurance 0.30%
Workers Compensation 3.5%

Claimed amounts must reflect actual benefit costs for straight time or overtime hours charged to the grant.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include Lifesavers March 2025 and OTS Traffic Safety Law Enforcement Forum 2025. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
-

OTHER DIRECT COSTS
PAS Device/Calibration Supplies - Preliminary alcohol screening device to detect the presence of alcohol in a person's breath and calibration supplies to ensure accuracy. Costs may include mouth pieces, gas and accessories.

DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10),

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traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device/Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies.

Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. Each item must have a unit cost of less than $5,000 (including tax and shipping).

Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

INDIRECT COSTS
-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Nothing in this “agreement” shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT25219

Certifications and Assurances for Fiscal Year 2024 Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117-58)

The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receiv es grant funding. Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:

 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended;  Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58;  23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs;  2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to all subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing re gulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:

 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
 49 CFR part 21 (entitled Non-discrimination in Federally -Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);  28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);  The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
 Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);  Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27;  The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
 The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federally- funded or not);
 Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38;  Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low- Income Populations (preventing discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations);
 Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (requiring that recipients of Federal financial assistance provide meaningful access for applicants and beneficiaries who have limited English proficiency (LEP));
 Executive Order 13985, Advancing Racial Equity and Support for Underserved Communities through the Federal Government (advancing equity across the Federal Government); and  Executive Order 13988, Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation (clarifying that sex discrimination includes discrimination on the grounds of gender identity or sexual orientation).

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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES

In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:

“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”

The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with resp ect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Sta t. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

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By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any sub-recipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a t imely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub -recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other partici pants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a);
c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction;
e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

2. Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to all subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to all subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

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2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)

None of the funds under this program will be used for any activity specifically designed to urge or influence a State or loca l legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to all subrecipients as well as States)

INSTRUCTIONS FOR PRIMARY TIER PARTICIPANT CERTIFICATION (STATES)

1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective part icipant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or

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otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
(https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS —

PRIMARY TIER COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;
c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and
d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred , or

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8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION —

LOWER TIER COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)

The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials wil l increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secr etary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS

No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any suc h subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

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DISCLOSURE REQUIREMENTS

No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient. If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the in terests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to all subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website (www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving comp any- owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 18, 2024
To: Honorable Mayor and City Council Members
From: By: Kenneth Chapa, Director of Economic Development Department: Economic Development
Subject: Accept the Johns Hopkins Bloomberg Center of Public Innovation 2.0 Project - Love Your Block Grant (All
Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-204, and:

1. Authorize the City Manager, or designee, to accept grant award funds in the amount of $100,000.00 for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant); and

2. Authorize the City Manager, or designee, to execute a Subaward Agreement and any subsequent amendments with Johns Hopkins University (JHU) for the Bloomberg Center for Public Innovation 2.0 Project (Love Your Block Grant) to carry out the service deliverables for the period of May 1, 2024, through April 30, 2026; and

3. Authorize the Director of Finance & Management Services to amend and appropriate the $100,000.00 for the Love Your Block Grant award in both revenues and expenditures to the Fiscal Year 2024/25 Operating Budget.

Executive Summary
The Love Your Block Grant is designed to benefit the residents of the City of San Bernardino by creating community-led revitalization projects in collaboration with Community Based Organizations. To implement the Grant, the City of San Bernardino intends to partner with Music Changing Lives and Making Hope Happen: Uplift San Bernardino. The Grant awards the City $100,000 to hire dedicated staff and complete community projects. The Grant funding must be used by April 30, 2026.

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Background
Bloomberg Philanthropies and Johns Hopkins University created the Bloomberg Center for Public Innovation at Johns Hopkins University in 2021. The Bloomberg Center for Public Innovation is a hub and resource center for city leaders and their staff to receive specialized training for creative problem-solving in local government.

The Love Your Block Grant is an initiative formed by the Bloomberg Center for Public Innovation and is designed to empower residents and local organizations to transform their neighborhoods through small-scale, high-impact community projects. This program provides funding and resources to support activities such as neighborhood beautification, clean-ups, and urban revitalization efforts. The Bloomberg Center for Public Innovation at Johns Hopkins University plays a crucial role in these initiatives by offering strategic guidance, training, and support to grantees. This partnership leverages their expertise and resources to enhance the program's effectiveness.

AmeriCorps volunteers, coordinated through the Love Your Block Grant, are integral to the success of the program, as they provide on-the-ground support, helping to mobilize community members, coordinate projects, and ensure sustainable outcomes.

In December 2023, the City of San Bernardino, in conjunction with Music Changing Lives and Making Hope Happen: Uplift San Bernardino, submitted an application to the Bloomberg Center for Public Innovation under the Love Your Block Grant Program. On February 21, 2024, the City was notified by the Bloomberg Center for Public Innovation that the application was selected and the City would be receiving a grant award in the amount of $100,000.00 from Johns Hopkins University for the 2024-2026 cohort. The grant funds will allow the City to hire a Love Your Block Fellow (Intern) to help coordinate community-led revitalization projects throughout the City. The grant also gives the City access to a dedicated AmeriCorps-VISTA Volunteer member to assist the Love Your Block project team.

Discussion
The Love Your Block Project includes the active engagement and management of volunteers through strategic partnerships with Community-Based Organization partners Music Changing Lives and Making Hope Happen: Uplift San Bernardino. The City will support and facilitate the implementation of the AmeriCorps VISTA member, and the Love Your Block Fellow (Intern). The project is designed to harness the energy and commitment of the local community, channeling it into meaningful and impactful activities. The Funding for the program will include $60,000 allocated to hiring and maintaining the Fellow (intern) and $40,000 will be allocated to funding the approved projects. The Americoprs VISTA member is a volunteer position.

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The Love Your Block Grant includes projects such as:

1. Mural and Public Art Creation: The project provides opportunities to create and install murals and public art pieces. This may involve painting, preparation of sites, and assisting artists and project leaders.

2. Beautification and Clean-Up: The project will provide opportunities for clean-up efforts in blighted areas, including trash removal, landscaping, and general beautification efforts to mitigate blight from vacant and neglected spaces. 2021-2025 Strategic Targets and Goals
This project is consistent with Goal No 3. Improved Quality of Life. Participation in the Love Your Block Grant will improve the City’s appearance, cleanliness and attractiveness through the proposed community-led revitalization projects.

Fiscal Impact
There is no General Fund Impact. The FY 2024/25 Operating Budget will be amended to appropriate $100,000 in both revenues and expenditures.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2024-204, and:

1. Authorize the City Manager, or designee, to accept grant award funds in the amount of $100,000.00 for the Bloomberg Center of Public Innovation 2.0 Project (Love Your Block Grant); and

Attachments
Attachment 1 Resolution No. 2024-204
Attachment 2 Love Your Block Grant Award Letter Attachment 3 Subaward Agreement

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Ward:

All Wards
Synopsis of Previous Council Actions:

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Resolution No. 2024-204
Resolution 2024-204
September 18, 2024

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RESOLUTION NO. 2024-204

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER, OR DESIGNEE,

TO ACCEPT GRANT AWARD FUNDS IN THE AMOUNT
OF $100,000 FOR THE BLOOMBERG CENTER OF PUBLIC
INNOVATION 2.0 PROJECT (LOVE YOUR BLOCK
GRANT); AND AUTHORIZING THE CITY MANAGER, OR

DESIGNEE, TO EXECUTE A SUBAWARD AGREEMENT

AND ANY SUBSEQUENT AMENDMENTS WITH JOHNS

HOPKINS UNIVERSITY (JHU) FOR THE BLOOMBERG
CENTER OF PUBLIC INNOVATION 2.0 PROJECT (LOVE

YOUR BLOCK GRANT) TO CARRY OUT THE SERVICE
DELIVERABLES FOR THE PERIOD OF MAY 1, 2024
THROUGH APRIL 30, 2026; AND AUTHORIZING THE

DIRECTOR OF FINANCE & MANAGEMENT SERVICES
TO AMEND AND APPROPRIATE THE $100,000 FOR THE

LOVE YOUR BLOCK GRANT AWARD IN BOTH

REVENUES AND EXPENDITURES FOR FISCAL YEAR
2024-2025 & 2025-2026 OPERATING BUDGET.

WHEREAS, The Bloomberg Center for Public Innovation, under Johns Hospkins University, established the Love Your Block (LYB) Grant program awarding $100,000 to each City participating; and
WHEREAS, the City submitted a LYB funding application to The Bloomberg Center for Public Innovation and was awarded $100,000 in grant funding; and WHEREAS, The Bloomberg Center for Public Innovation requires that the City designate a signatory authority to execute project agreements and certifications for the project.

BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:

SECTION 1. The Mayor and City Council hereby accept grant funding for The Bloomberg Center for Public Innovation - Love Your Block (LYB) Grant in the amount of $100,000 and designate the City Manager, or her designee, as the signatory authority to execute all agreements and certifications in support of the LYB Grant.

SECTION 2. The Director of Finance & Management Services is hereby authorized to amend and appropriate $100,000 for the LYB award in both revenues and expenditures to the FY 2024-2025 & FY 2025-2026 Operating Budget.

SECTION 3.The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA

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Resolution No. 2024-204
Resolution 2024-204
September 18, 2024

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applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 4.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 5. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the Acting City Clerk this ___ day of __________ 2024.

Helen Tran, Mayor
City of San Bernardino
Attest:

Genoveva Rocha, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2024-204
Resolution 2024-204
September 18, 2024

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Genoveva Rocha, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-204, adopted at a regular meeting held on the ___ day of _______ 2024 by the following vote:

Genoveva Rocha, CMC, City Clerk

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SUBAWARD AGREEMENT

This document constitutes the subaward agreement (“Subagreement”) between the Johns Hopkins University (“JHU”) and City of San Bernardino (“Subrecipient”) under which Subrecipient shall perform the work defined below as the statement of work, to enable JHU to complete its obligations under its grant (“Prime Award”) titled “Bloomberg Center of Public Innovation 2.0,” (“Project”) funded by the Jewish Communal Fund (“Sponsor”), which is funded by the Bloomberg Philanthropies (“Prime Sponsor”). All terms and conditions of this Subagreement are subject to applicable law and regulations.

1. STATEMENT OF WORK

1.1 Subrecipient’s work shall conform to its statement of work (“Statement of Work”) approved by JHU, attached and incorporated as Exhibit A.

1.2 Both parties shall mutually agree upon any change in the Statement of Work in writing, signed by authorized officials of both parties prior to the commencement of Subrecipient’s performance under any such change.

2. PERIOD OF PERFORMANCE

This Subagreement is effective for the period 5/1/2024 through 4/30/2026 (the “Period of Performance”), which shall be extended only by mutual written agreement of the parties.

3. PRICE AND PAYMENT

3.1 This is a fixed price Subagreement. The total price for Period of Performance of this Subagreement is $100,000 United States Dollars (USD).

3.2 Upon full execution of this Subagreement, JHU shall pay Subrecipient an advance payment in the amount of $50,000 USD which is expected to provide adequate funding through 4/30/2025.

3.3 JHU shall pay Subrecipient for its services adequately rendered and accepted on a work completed basis in accordance with the Milestone Payment Schedule set forth in Exhibit B.

Invoices will not be paid until this Subagreement is fully executed by both parties.

3.4 All payments will be made upon receipt of an invoice in the format specified in Exhibit C, or Subrecipient’s comparable format, which details the specific deliverable or work product accomplished as referenced in Exhibits A and B.

3.5 Invoices must be submitted in strict accordance with the schedule set out in Exhibit B to:

Yamese Diggs
Center for Government Excellence and Public Innovation (GovEx) The Johns Hopkins University
711 W. 40
th St., Suite 400
Baltimore, MD 21211

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Email: [email protected]

3.6 In addition, with each invoice, an authorized representative of the Subrecipient shall certify that required Deliverable(s) to date have been submitted, and expenditures reported (or payments requested) are for appropriate purposes and in accordance with Exhibits A and B.

4. KEY PERSONNEL

4.1 The Project Director and Technical Representative at JHU for this Subagreement is Beth Blauer (“JHU PI”). JHU PI is not authorized to alter or amend this Subagreement, except that the JHU PI’s written concurrence shall be required to alter or amend Subrecipient’s Statement of Work and/or Budget.

4.2 The Project Director for Subrecipient shall be Amanda Hernandez (“Subrecipient Project Director”). An authorized official of JHU must approve in writing any proposed change in the Project Director. Should JHU not give its approval, this Subagreement shall be terminated in the manner provided below in Section 13 (Termination).

5. REPORTS

AND DELIVERABLES

5.1 Subrecipient shall submit all deliverables, work product and reports as specified in Exhibits A and B to JHU PI.

5.2 Failure by Subrecipient to submit any deliverable, work product, and/or report by its due date shall be considered just cause for JHU to withhold any payment until such deliverable, work product and/or report is received and accepted by JHU. JHU may also terminate this Subagreement in accordance with Section 14 (Termination), should Subrecipient fail to timely provide agreed upon deliverables, work product, and/or reports set forth in Exhibits A and B.

6. APPROVALS AND NOTICES

6.1 Subrecipient shall submit all notices and requests for approval, changes and administrative matters to:

Martin Domack
Johns Hopkins University Research Administration (JHURA) The Johns Hopkins University
1101 E 33rd Street, C310
Baltimore, Maryland 21218
Phone: 667-208-8781
Email: [email protected]

6.2 Subrecipient shall submit all notices and requests for approvals on financial matters to the individual designated in Section 3.5 above.

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6.3 Notices regarding changes in the Statement of Work, Deliverable(s), Budget or Project Director, and programmatic matters, including publication reviews, should be sent to JHU PI:

Beth Blauer
Center for Government Excellence and Public Innovation (GovEx) The Johns Hopkins University
711 W. 40th St., Suite 400
Baltimore, MD 21211
Email: [email protected]

With a copy to the contact provided in Section 3.7 for changes to the Budget, Statement of Work, and/or Project Director.

6.4 Subrecipient’s authorized official for receiving notices of alterations or amendments to this Subagreement shall be:

Mary Alvarez-Gómez
City of San Bernardino
290 North D Street, Third Floor
San Bernardino, CA 92401
Email: [email protected]

7. PUBLICITY AND USE OF NAME

7.1 Neither party shall use directly or by implication the names of the other party, nor any of the other party’s affiliates or contractors, nor any abbreviations thereof, or of any staff member, faculty member, student, or employee of the other party in connection with any products, publicity, promotion, financing, advertising, or other public disclosure without the prior written permission of the other party. All requests for JHU approval shall be forwarded to the Office of Communications, http://hub.jhu.edu/media/contact/
, with a copy to the JHU PI.

7.2 Subrecipient shall provide JHU a copy of any proposed Media Release or Donor Acknowledgment, each as defined below, for the purposes of obtaining the approval of Sponsor with respect to the content, timing and means of distribution of any such Media Release or Donor Acknowledgment prior to its distribution. Additionally, at Sponsor’s and Prime Sponsor’s request, Subrecipient shall reference Prime Sponsor in all Donor Acknowledgments. To the extent that Subrecipient provides Media Releases and/or Donor Acknowledgments to JHU for Sponsor approval, Subrecipient represents that it owns or otherwise has obtained all rights necessary to use, reproduce, publicly perform and distribute (including the right to sublicense) all works contained or used in the Media Releases and/or Donor Acknowledgments. For purposes of this Subagreement, “Media Release” shall mean any publication, advertising, speech, lecture, interview, press release, internet web page or other media venue of any kind that makes reference to the Prime Award or Project and “Donor Acknowledgments” shall mean each of its donor acknowledgements (print and digital) related to the Project, Subrecipient’s other projects supported by Prime Sponsor and all other crediting of Subrecipient’s organizational support. The

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parties intend that no such recognition constitutes, directly or indirectly, a more than incidental benefit

8. PUBLICATIONS

8.1 Each party shall have the right to publish and disseminate information derived from the performance of work under this Subagreement.

8.2 Qualification for authorship shall be in keeping with generally accepted criteria. The order of authorship shall be a joint decision of the co-authors in any co-authored publication. Each author shall have participated sufficiently in the work to take public responsibility for the content.

8.3 Subrecipient shall provide JHU PI with a copy of any proposed publication for review and comment at least thirty (30) days prior to submission.

8.4 Publications shall carry appropriate acknowledgment of funding support by a statement such as the following:

“This publication (journal article, etc.) was supported by a Subagreement from The Johns Hopkins University with funds provided by a grant from the Jewish Communal Fund funded by the Bloomberg Philanthropies . Its contents are solely the responsibility of the authors and do not necessarily represent the official vie ws of the Jewish Communal Fund, The Johns Hopkins University or Bloomberg Philanthropies.”

9. CONFIDENTIALITY

9.1 “Confidential Information” means all non-public, confidential, and/or proprietary information that is marked as “Confidential Information” as described below and which is disclosed by one party to the other, including, but not limited to, software, inventions (whether patentable or not), algorithms, diagrams, drawings, processes, reagents, research, product or strategic plans or collaborations or partnerships, financial information, business models, and information relating to corporate finance and governance. Confidential Information, if in tangible or readable form, shall be marked as such at the time of disclosure and if disclosed orally, shall be reduced to writing, marked confidential, and addressed to the other party within ten (10) days after disclosure.

9.2 Each party shall have the right to refuse to accept any Confidential Information proffered to it by the other party. If necessary, the parties will exchange Confidential Information only under the provisions set forth herein. The party who receives Confidential Information (the “Receiving Party”) shall (i) hold the Confidential Information in confidence using the same care it affords its own confidential information of a similar nature, but not less than a reasonable degree of care; (ii) use the Confidential Information only for the performance of this Agreement; and (iii) restrict disclosure of the Confidential Information to employees whose duties justify the need to know the Confidential Information in furtherance of the performance of this Agreement and who are

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advised as to the confidential nature of the information and required to comply with the provisions of this Agreement. The Receiving Party shall not provide any third parties with access to the Confidential Information unless such third party has agreed to be bound by confidentiality and non-disclosure obligations in a form of an agreement reasonably acceptable to the party disclosing the Confidential Information (the “Disclosing Party”).

9.3 Confidential Information shall not include any information disclosed to the Receiving Party that the Receiving Party can demonstrate (i) was previously in its possession, as shown by its pre- existing records, without violation of any obligation of confidentiality; (ii) was received from a third party without violation of any obligation of confidentiality; (iii) was publicly known and made generally available prior to such disclosure; (iv) becomes publicly known or made generally available at a later date, through no fault of the Receiving Party, and only then after such later date; or (v) was independently developed without use of or reliance upon any Confidential Information by the Receiving Party, its employees, or consultants.

9.4 If the Receiving Party is required to disclose Confidential Information of the Disclosing Party by order of a court of competent jurisdiction, administrative agency or governmental body, or by subpoena, summons, or other legal process, the Receiving Party shall give the Disclosing Party prompt written notice of such requirement so that the Disclosing Party may seek a protective order or take other appropriate action, cooperate reasonably with Disclosing Party in connection with Disclosing Party’s efforts to seek such relief, and thereafter to disclose only the minimum information required to be disclosed in order to comply.

9.5 Upon termination of this Subagreement or the Disclosing Party’s request, Confidential Information shall be promptly returned to the Disclosing Party or destroyed, at the Disclosing Party’s option, with such destruction confirmed in writing. The Receiving Party may retain one archival copy of such Confidential Information for purposes of fulfilling its obligations under this Subagreement and/or under the Prime Award, as applicable.

9.6 The obligations of confidentiality under this Section 9 shall continue for a period of three (3) years following conclusion or early termination of this Subagreement.

10. INTELLECTUAL PROPERTY

10.1 Inventions and Patents.

10.1.1 Subrecipient understands and acknowledges that JHU, through its employees, has knowledge, experience and expertise, which has been acquired over a substantial number of years prior to entering into this Subagreement (“JHU Background Intellectual Property”). JHU shall retain all rights to such JHU Background Intellectual Property. Nothing in this Subagreement shall confer any right to Subrecipient to acquire by assignment or license, exclusive ownership or use of JHU Background Intellectual Property.

10.1.2 Subrecipient shall (i) retain title to any Inventions first conceived or actually reduced to practice in the performance of the work funded by this Subagreement solely by its faculty member(s) and/or employee(s) and/or student(s), provided, however, Subrecipient shall promptly notify the JHU Principal Investigator in writing of any such Inventions and Subrecipient hereby grants to JHU a non-exclusive, royalty-free, worldwide, perpetual license, to all of Subrecipient’s rights in all media, now known or hereafter developed, to

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reproduce, distribute, publicly display, perform and create derivative works from all works developed by the Subrecipient as part of the Subagreement.

10.1.3 JHU shall retain ownership of any Inventions first conceived or actually reduced to practice in the performance of the work funded by this Subagreement solely by a JHU faculty member(s) and/or employee(s) and/or student(s).

10.1.4 Subrecipient and JHU shall be joint owners of any Inventions first conceived or actually reduced to practice in the performance of the work funded by this Subagreement jointly by faculty member(s) and/or employee(s) and/or student(s) of Subrecipient and JHU. For any jointly owned Inventions, JHU shall have the opportunity to preview and comment on all documents of record used in filing, prosecuting, and maintaining of any patent application and to participate in the selection of the patent attorney.

10.2 Copyrights.

10.2.1 Disposition of any copyrights or any copyrightable material created by Subrecipient in performance of the Statement of Work will be determined by the policy of the Subrecipient, subject to this Section 10.2.

10.2.2 Subrecipient shall provide copies of all copyrighted or copyrightable materials to the JHU PI.

Subrecipient hereby grants to JHU an irrevocable, royalty-free, non-exclusive, worldwide right and perpetual license to all of Subrecipient’s rights, in all media now known or hereafter developed, to distribute, use, copy, reproduce, create derivative works from, display, publish, perform, publicly display and sublicense any copyrights or copyrighted material (including any computer software and its documentation and/or databases) developed under this Subagreement for the purpose of education and research and/or to the extent required to meet JHU’s obligations under its Prime Award.

10.3 Data. Subrecipient will own the data it generates under this Subagreement. Subrecipient hereby grants to JHU the right to receive copies of such data and to use such data for the purpose of education and research and/or to the extent required to meet JHU’s obligations under its Prime Award.

11. EQUIPMENT

No Equipment shall be purchased using funds awarded under this Subagreement.

12. CHANGES

12.1 Funds awarded under this Award may only be used for the Project.

12.2 Subrecipient agrees to provide JHU with sufficient justification and supporting materials to support any requested change. All requests for approval required by this Section shall be submitted to the persons cited in Sections 3.7 and 6.1.

12.3 Subrecipient may not issue any subawards under this Subagreement without the express prior written consent of JHU. Should lower tier subawards be approved by JHU, Subrecipient is solely responsible to comply with all of its obligations under this Subagreement and to ensure that the agreement to a lower tier subrecipient reflects all the requirements of this Subagreement and

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applicable law, the Prime Award, and any document referenced in any of these sources, as well as all other provisions necessary or prudent to effectuate such requirements and otherwise exercise appropriate monitoring of its lower tier subrecipients.

13. INSPECTION AND AUDIT

13.1 JHU, Sponsor and Prime Sponsor, or their assignee(s), reserve the right to inspect, upon reasonable advance notice and during normal business hours (except in the case of an emergency), Subrecipient’s physical facilities, all aspects of the Statement of Work undertaken under this Subagreement, and all books, records, receipts, accounts, and other documentation of any kind pertaining to the Subagreement. Subrecipient agrees to provide copies of any and all such books, records, receipts, accounts, or other documentation to JHU, Sponsor or Prime Sponsor, or their assignee(s), in a timely fashion as reasonably requested by JHU, Sponsor or Prime Sponsor, or their assignee(s).

13.2 Subrecipient will keep all usual and proper records and books of accounts in accordance with Generally Accepted Accounting Principles (GAAP) relating to performance of the Statement of Work for a minimum period of three (3) years after the date of receipt of the final payment.

During this period, JHU or an authorized representative shall have the right to audit, at its own expense, all books, receipts, accounts, records, and other documentation of funds received and costs and commitments incurred under this Subagreement. If an audit reveals a material discrepancy or error in reporting, Subrecipient will reimburse JHU upon request for the costs and expenses associated with such audit and will repay the unallowable costs.

14. TERMINATION

This Subagreement may be terminated by either party at any time upon thirty (30) days written notice to the other party; however, JHU may terminate on less than thirty (30) days’ notice in the event such termination occurs pursuant to a notice of termination from the Sponsor to JHU. Upon such notification, Subrecipient shall proceed in an orderly fashion to limit or terminate any outstanding commitments, and to conclude the Project. Subrecipient shall submit a final financial report and/or progress report (if applicable) to JHU within forty-five (45) days of the effective date of termination. In the event that the Subagreement is terminated as a result of a breach by Subrecipient, non-cancellable expenses incurred by the Subrecipient in relation to the Project may be allowable, but only up to the date that Subrecipient receives the notice of the breach. If the Subagreement is terminated for any other reason, non-cancelable expenses incurred by the Subrecipient in relation to the Project through the date of termination may be allowable.

15. LIABILITIES AND LOSS

Subrecipient agrees to indemnify, protect, defend, and hold JHU, Sponsor, Prime Sponsor, their affiliates and related companies, and the employees, agents, officers, managers and directors of each (“Indemnified Parties”), harmless from and against any losses, costs, damages, claims or expenses, including reasonable attorneys’ fees, arising out of or resulting from (i) Subrecipient’s breach of this Subagreement, (ii) the negligence or willful misconduct of Subrecipient or any of

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its agents, subrecipients, contractors, sub-contractors or employees, and (iii) performance of the Project, or which otherwise arise by, through or under Subrecipient. Subrecipient agrees that any activities by JHU, Sponsor or Prime Sponsor in connection with the Project, such as its review or proposal of suggested modifications to the Project, will not modify or waive the Indemnified Party’s rights under this Section 14. Subrecipient’s obligations are limited to the extent permitted or precluded under applicable laws, including state governmental immunity acts or state constitution. Nothing in this Subagreement will constitute an express or implied waiver of Subrecipient’s governmental or sovereign immunities, if any.

16. INSURANCE

Subrecipient represents that it carries sufficient insurance coverage to comply with the requirements of federal, state and local laws as well as its obligations under this Subagreement.

17. HUMAN SUBJECTS/ANIMAL RESEARCH COMPLIANCE

17.1 Protection of Human Subjects. Subrecipient agrees that no research involving the use of human subjects will be conducted under this Subagreement.

17.2 Vertebrate Animals. Subrecipient agrees that no research involving the use of vertebrate animals will be conducted under this Subagreement.

18. EXPORT CONTROLS

18.1 Each party to this Subagreement assumes responsibility for determining whether its performance is subject to, and in compliance with, U.S. export control and sanction program laws and regulations (“U.S. Export Controls”), including but not limited to the Export Administration Regulations (Department of Commerce), the International Traffic in Arms Regulations (Department of State), and the sanctions programs embodied in regulations administered by the Department of the Treasury’s Office of Foreign Assets Control (OFAC). Each party shall be responsible for obtaining and/or invoking for its own organization any authorization needed from a cognizant, government authority, in order to ensure its performance under this Subagreement, including export/re-export or import licenses and exemptions/exceptions. The parties shall cooperate to promote one another’s compliance with U.S. Export Controls, but any such cooperation, including notice, advice or other assistance, shall not be relied upon as one party’s assumption of any portion of another party’s independent legal responsibility to comply.

18.2 In the spirit of such cooperation, JHU anticipates that fulfillment of this Subagreement will not require Subrecipient to receive Controlled Items from JHU. In the context of this Subagreement, Controlled Items are tangible or intangible items (e.g., commodities or technology) that are listed within U.S. Export Controls, such as the dual-use items found on the Commerce Control List (see 15 CFR 774), or the defense articles found on the U.S. Munitions List (see 22 CFR 121).

18.3 JHU further anticipates that fulfillment of this Subagreement will not require Subrecipient to enter into transactions or other activities that invoke one or more U.S. sanctions programs or embargoes.

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18.4 JHU and Subrecipient shall independently assume full responsibility for their own release of Controlled Items to, or controlled transactions with, a foreign country or its citizens.

18.5 If either party discovers that it cannot reasonably ensure its lawful performance of activities involving Controlled Items or sanctions programs or embargoes, whether anticipated or unanticipated, where such activities are required in order to fulfill its obligations under this Subagreement, then the parties will make a good-faith effort to contemplate feasible, alternative activities. If the parties cannot mutually agree upon such alternative activities, and if that renders either or both parties unable to fulfill their respective obligations under this Subagreement, then the Subagreement may be terminated or amended as covered by Section

13. 19. ANTI-TERRORIST COMPLIANCE

19.1 Subrecipient is reminded that U.S. Executive Orders and U.S. law prohibits transactions with, and the provision of resources and support to, individuals and organizations associated with terrorism. It is the legal responsibility of the Subrecipient to ensure compliance with these Executive Orders and laws.

19.2 Subrecipient hereby agrees that all funds, including Subawards to lower-tier Subrecipients, will be used in compliance with all applicable United States anti-terrorist financing and asset control laws, regulations, rules and executive orders.

19.3 This provision must be included in all subagreements issued under this Subagreement.

20. GOVERNING LAW AND VENUE

20.1 This Subagreement shall be governed by, construed, and enforced for all purposes in accordance with the laws of the State of Maryland.

20.2 Each of the parties hereto agrees to venue in and submits to the exclusive jurisdiction of the state and/or federal courts located within the State of Maryland for any suit, hearing or other legal proceeding of every nature, kind and description whatsoever in the event of any dispute or controversy arising hereunder or relating hereto, or in the event any ruling, finding or other legal determination is required or desired hereunder. Both parties hereto agree to waive their respective rights to a trial by jury.

21. DISPUTES

Every effort shall be made to resolve any disputes arising in connection with this Subagreement in an amicable and informal manner. Failing to reach resolution, any dispute shall be finally settled under the Rules of Conciliation and Arbitration of the International Chamber of Commerce by one arbitrator, appointed in accordance with said Rules. Any and all hearings shall be conducted in the English language at a location mutually agreed upon by the parties.

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Judgment upon the award rendered may be entered into any court having jurisdiction.

22. FORCE MAJEURE

Neither party will be responsible or liable to the other party for non-performance or delay in performance of any terms or conditions of this Subagreement due to acts or occurrences beyond the control of the nonperforming or delayed party, including, but not limited to, acts of God, acts of government, terrorism, wars, riots, strikes or other labor disputes, shortages of labor or materials, fires, and floods, provided the nonperforming or delayed party provides to the other party written notice of the existence of and the reason for such nonperformance or delay, and shall work diligently to mitigate its effects and make best efforts to resume performance as soon as practicable.

23. ORDER OF PRECEDENCE

Any inconsistency in this Subagreement shall be resolved by giving precedence in the following order:

23.1 The Subagreement;

23.2 Exhibit A, Statement of Work

23.3 Other documents, exhibits, and attachments.

24. ASSURANCES AND CERTIFICATIONS

24.1 General. Subrecipient represents and certifies that it has filed and will maintain all assurances or other documentation with the appropriate government agencies to the extent such assurances and documentation are required.

24.2 Debarment. Subrecipient certifies that neither Subrecipient nor any of its officers, employees, or agents performing any service under this Subagreement (including the Project Director) are presently or proposed to be debarred, suspended, declared ineligible or voluntarily excluded from participation in this transaction, under investigation for a crime or otherwise engaged in conduct for which a person can be debarred by any federal agency, and Subrecipient will immediately notify JHU upon any inquiry concerning commencement of any such proceeding concerning Subrecipient or such person referred to in this subparagraph.

24.3 Prohibited Uses. Subrecipient represents and warrants that it shall not use any part of the Subagreement funds or the income therefrom for any of the following purposes: (1) to fulfill any existing legally binding pledge of the Sponsor or Prime Sponsor or any other advisor to the account; (2) to provide any private benefit to the Prime Sponsor or any other advisor to the account, any family member thereof, any other person described in Section 4958(f)(7) of the Code with respect to the account, or to any individual who is not an appropriate beneficiary of the Subrecipient’s charitable programs; (3) for lobbying, political contributions or to support political campaigns; or (4) for any other purpose other than one specified in Section 170(c)(2)(B) of the Code. Subrecipient further represents and warrants that it does not and will not knowingly provide financial support or other resources to any individual or entity to further unlawful acts

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including acts of violence or terrorism, and Subrecipient is in compliance with all laws, statutes, and regulations restricting U.S. persons from dealing with any individuals, entities, groups, or countries subject to Office of Foreign Assets Control sanctions. Subrecipient will not provide any tax substantiation letter to JHU, Sponsor or Prime Sponsor or any other advisor to the account in connection with this Subagreement.

24.4 Equal Opportunity. Prime Sponsor gives high priority to the realization of equality of opportunity for all members of society. Prime Sponsor works to implement this poli cy in a variety of ways, internationally as well as in the United States, with due respect for the great diversity of situations in different countries and cultural contexts. Accordingly, it is Prime Sponsor’s and Sponsor’s expectation that Subrecipient wi ll take appropriate steps to ensure equal employment opportunities to the fullest extent allowable under applicable law and will not discriminate on the basis of race, color, religion, age, sex, sexual orientation, gender identity, national origin, protected veteran status, status as a qualified individual with a disability or any other category of protected class or category as defined by any applicable law. Further, Subrecipient represents and warrants that it has established and shall maintain appropriat e policies and procedures for training staff and receiving and addressing complaints regarding discrimination, harassment, retaliation, and other forms of workplace misconduct.

24.5 Changes. Subrecipient agrees to notify JHU promptly if there is any change of status in any of the above assurances and certifications.

25. RESEARCH MISCONDUCT

25.1 Subrecipient must maintain, and effectively communicate to its personnel, written policies and procedures for inquiring into, investigating, and addressing allegations of research misconduct. Research misconduct means the fabrication, falsification, or plagiarism in proposing, performing, or reviewing research, or in reporting research results.

25.2 If Subrecipient initiates a research misconduct investigation, it must notify JHU’s research integrity officer within five (5) business days. Where research misconduct has affected data validity or reliability, JHU may require the Subrecipient and its collaborator authors to submit a correction or retraction of the data to a journal, publish the corrected data, or both. If Subrecipient does not comply with this requirement, JHU may invoke its rights to access the data (including copyrightable material developed under the Subagreement), have the data reviewed, and submit the correction.

26. MISCELLANEOUS

26.1 Neither party may assign or transfer this Subagreement, in whole or in part, without the written consent of an authorized representative of the other party. Any attempt to assign without prior written consent is void.

26.2 The relationship of the parties is that of independent contractors and they are not agents, employees, partners, or joint venturers of one another. No party has the authority to bind any other party in contract or to incur any debts or obligations on behalf of any other party, and no

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party (including any employee or other representative of a party with responsibility for program matters) shall take any action that attempts or purports to bind any other party in contract or to incur any debts or obligations on behalf of any other party, without the affected party’s authorized representative’s prior written approval.

26.3 Subrecipient certifies and represents that the Statement of Work shall be performed in a professional and workmanlike manner and that any Deliverable shall be original to Subrecipient and will not infringe on any copyright held by any third party.

26.4 The Section headings appearing in this Subagreement have been inserted for the purpose of convenience and ready reference. They do not purport to, and shall not be deemed to, define, limit or extend the scope of intent of the Section to which they appertain.

26.5 If any provision of this Subagreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Subagreement which can be given effect without the invalid provision, and to this end the provisions of this Subagreement are declared to be severable.

26.6 No waiver of any term or provision of this Subagreement whether by conduct or otherwise in any one or more instances shall be deemed to be, or construed as, a further or continuing waiver of any such term or provision, or of any other term or provision, of this Subagreement.

26.7 This Subagreement and Exhibits contain the entire agreement between the parties, and no statements, promises, or inducements made by either party or agent of either party that are not contained in this written Subagreement shall be valid or binding; and this Subagreement may not be enlarged, modified, or altered except in writing signed by an authorized representative of the parties.

26.8 This Subagreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which, taken together shall constitute one and the same agreement.

27. TAX STATUS

Subrecipient shall notify JHU within five (5) business days after learning of a change in the Subrecipient’s tax status.

[SIGNATURE PAGE FOLLOWS]

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Please indicate acceptance of this Subagreement by having a duly authorized official sign this document.

ACCEPTED FOR:

THE JOHNS HOPKINS UNIVERSITY CITY OF SAN BERNARDINO

________________________________ ______________________________ Martin Domack Name:

Contracts Associate Title:

JHU Research Administration (JHURA)

DATE: __________________________ Date: ________________________

Attached Exhibits

Exhibit A – Statement of Work
Exhibit B – Milestone Payment Schedule
Exhibit C – Sample Fixed Price Invoice
Exhibit D – Additional Terms and Conditions

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1 Follow @publicinno
Love Your Block
Statement of Work
Overview
The primary purpose of this project is the design and implementation of Love Your Block, an impact volunteering grant program supporting volunteer-fueled projects that address local public problems. This grant program focuses on supporting cities to partner with community groups and activate resident volunteers to repair, remediate, and address blight in their neighborhoods.

The award of $100,000 over two years will support resident-led revitalization efforts and fund a Love Your Block Fellow (“Fellow”) recruited from the target community in accordance with this Agreement. The funding recognizes the City’s commitment to engage volunteers in blight prevention and/or remediation activities such as housing repair and vacant lot transformation to revitalize low-income neighborhoods. An AmeriCorps VISTA member will provide additional capacity to this effort. The City and City Lead (as hereinafter defined) shall work fully and cooperatively with the Bloomberg Center for Public Innovation at Johns Hopkins (BCPI) and its strategic partners to achieve the goals of the Program.

Exhibit A
Exhibit A

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Form Name: Love Your Block
Submission Time: December 1, 2023 8:10 pm
Browser: Chrome 119.0.0.0 / Windows
IP Address: 47.153.78.115
Unique ID: 1170068517
Location: 33.8137, -117.2228
Section 1/7
City San Bernardino
State California
First Name Amanda
Last Name Hernandez
Your Title Economic Development Division Manager
How long you have been in your role? 2 years
Your work email [email protected]
Your work phone number (909) 384-5207
Your physical mailing address 201 North E St.

The name and title of your direct
supervisor
Mary Lanier, Interim Director of Community Development & Housing The city’s EIN number 95-6000772
Will you lead the proposed project? Yes
Section 2/7
Exhibit A

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1. Please tell us about the public
problem the eligible organization hopes
to alleviate or solve with the proposed
project. Specifically include the scale of
the problem, who is impacted, and how.

Please provide quantitative and
qualitative data to describe the scale of
the problem and the impact of this
issue.

The City of San Bernardino is grappling with the dual challenges of urban blight and limited economic opportunities, particularly pronounced in its disadvantaged areas. Community partners have identified various vacant lots throughout the City, many of which are in states of neglect, contributing to the deterioration of many neighborhoods' aesthetics and safety.

Economic indicators further highlight the scope of the challenge. According to the 2020 U.S. Census Bureau QuickFacts, San Bernardino's 5.5% unemployment rate exceeds the national average of 3.9%, and the median household income of $65,311 trails behind the state's $84,907 average. In addition, 15% of its residents live below the federal poverty line compared to the 12% statewide average, illustrating the economic hurdles residents face.

The impact of blighted properties on the community extends beyond economic metrics. These neglected spaces have become a source of safety concerns, diminishing the sense of security among residents. The decline in neighborhood quality due to blight has adversely affected community cohesion, as these areas become less conducive to social interactions and community activities. Furthermore, the city's image suffers, affecting local pride and deterring potential investments and new residents.

In response to these challenges, the City of San Bernardino, through a collaborative effort involving the Mayor's Office, the Economic Development department, and the Grants team, proposes a project centered around public engagement and beautifying public spaces. The initiative will transform neglected areas into vibrant, community-focused spaces through the installation of murals, public art, and clean-ups of vacant lots. These efforts are not only expected to improve the physical environment but also to stimulate local commerce, raise property values, and enhance community pride and engagement.

Integral to this project's success are community partners such as Making Hope Happen: Uplift San Bernardino and Music Changing Lives. These organizations will be pivotal in mobilizing community resources and encouraging public participation. The City of San Bernardino is committed to reversing the tide of urban decline, leveraging these challenges as opportunities for sustainable economic growth and community revitalization.

Exhibit A

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2. Please describe the eligible
organization’s commitment to
addressing this problem and why it is a
priority. Describe how the mayor or city
chief executive has prioritized this
problem. If relevant also, describe what
has already been done to address this
problem.

The City of San Bernardino recognizes the challenges of addressing urban blight and stimulating economic development as critical priorities for the well-being and growth of the community. The City's prioritization of this issue is evident in the city's strategic planning and policy-making. The Mayor and city executives have placed a significant emphasis on revitalization and economic development, recognizing that the health and vitality of the city's neighborhoods are inextricably linked to its overall economic success and the quality of life of its residents. This focus is underscored by the Mayor's active involvement in championing projects aimed at neighborhood improvement and economic revitalization.

Based on the City's 2020-2025 Consolidated Plan, its commitment to addressing the problem of urban blight and limited economic opportunities is evident and deeply rooted in strategic planning and community engagement. This aligns with the City's status as an entitlement city receiving CDBG funding to serve low- to moderate-income households and address urgent community development needs, including preventing or eliminating slums and blight.

The city's objectives, as outlined in the Needs Assessment of the Consolidated Plan, include addressing homelessness, affordable housing, expanding homeownership, and improving facilities and infrastructure, all of which contribute to economic development. In addition, the city has historically held a strong commitment to citizen participation and consultation processes. The engagement of a diverse group of stakeholders, including residents, business owners, and interest groups, has been central to identifying community priorities and shaping the city's strategic plans. This inclusive approach ensures that the strategies and goals set by the city are reflective of the community's needs and aspirations.

3. Please provide a brief description of
your proposed project. In a few
sentences, share your project’s elevator
pitch.

The proposed project will beautify public spaces, transforming blighted areas into vibrant community hubs and using art as a catalyst for change.

Key activities include the installation of murals, public art projects, and the revitalization of vacant lots. Spearheaded by the Mayor's Office and in partnership with community organizations, the project will rejuvenate the cityscape, enhance local business prospects, and champion a sense of community pride.

Section 3/7
Exhibit A

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4. How will volunteers be engaged in the
project? How many volunteers do you
expect to engage? Please describe what
activities volunteers will take on and the
volunteering frequency.

The project includes actively engaging volunteers through strategic collaborations with Community-Based Organizations and with the support and facilitation of the City, the AmeriCorps VISTA member, and the Love Your Block Fellow. The project is designed to harness the energy and commitment of the local community, channeling it into meaningful and impactful activities.

The engagement of volunteers will be a cornerstone of this initiative. The City anticipates engaging a significant number of volunteers, potentially in the hundreds, depending on the scale of each individual project and the community response. These volunteers will be drawn from diverse areas of the community, including local schools, businesses, community groups, and individual residents.

Volunteers will be involved in a range of activities, including:

Mural and Public Art Creation: Volunteers will have opportunities to assist in the creation and installation of murals and public art pieces. This may involve painting, preparation of sites, and assisting artists and project leaders.

Beautification and Clean-Up: Volunteers will play a key role in clean-up efforts in blighted areas, including trash removal, landscaping, and general beautification efforts to transform vacant and neglected spaces.

Community Outreach and Engagement: Some volunteers will be involved in outreach efforts, helping to spread the word about the project, engaging more community members, and organizing local events related to the project.

Project Support and Logistics: Volunteers may also assist with logistical aspects of the project, such as organizing materials, coordinating events, and supporting project management tasks.

The frequency of volunteering will vary based on the project phase and the specific needs of each activity. Some volunteers may participate in one-off events such as a specific clean-up day or mural painting event. In contrast, others may engage more regularly, contributing to ongoing activities throughout the project's duration.

By leveraging the strengths and resources of CBOs and the City, the project will create a structured yet flexible volunteering framework. This approach will not only facilitate effective and impactful volunteer participation but also ensure that volunteering experiences are rewarding and meaningful for all those involved.

Exhibit A

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5. How will you recruit volunteers who
are from and/or currently live in the
impacted communities and who are
representative (e.g., gender, race, age,
different-ability) of the area of focus?
The City will recruit volunteers from and living in the impacted communities who are representative of the focus area. This will involve collaboration with City Council members, local organizations, and using the City's social media presence and email marketing capabilities.

City Council members, known for their close connections with constituencies, are integral to volunteer recruitment. They will leverage community meetings, local events, and their personal networks to reach out to residents, informing them about volunteer opportunities and encouraging participation. Additionally, partnerships with local organizations, such as nonprofits, educational institutions, and community groups, will be instrumental. These organizations have established trust within the community and can effectively mobilize volunteers from various demographic segments.

Furthermore, the City plans to use social media platforms to amplify the project's messaging and reach a diverse audience. The social media campaigns will be tailored to highlight the project's community impact, featuring stories and visuals that resonate with the local population to encourage participation.

Email marketing is another key component of the City's recruitment strategy. Targeted email campaigns will disseminate information about volunteering opportunities, ensuring broad outreach across different community groups. The content of these emails will be designed to be inclusive and engaging, catering to a wide spectrum of residents, including those with varying levels of digital literacy.

The City's approach to volunteer recruitment emphasizes inclusivity and targeted outreach. The goal is to reflect the diverse demographic makeup of the area in the volunteer team. Special efforts will be made to ensure accessibility for differently-abled individuals, providing them with meaningful opportunities to contribute. Through this multifaceted approach, the City will form a volunteer base that truly embodies the spirit and diversity of the community, thereby enhancing the project's effectiveness and impact.

6. Who will act as the executive sponsor
(e.g., chief of staff, deputy mayor,
deputy chief of staff) of this project
within the mayor’s office and ensure the
project has executive support?
The executive sponsor of this project within the Mayor's office, ensuring executive support and oversight, is Kenesha Boyd, who holds the position of Program Lead in the Office of the Mayor.

As the executive sponsor, Boyd will act as a liaison between the project team and the Mayor's office, facilitating communication and decision-making processes, ensuring that the Mayor's vision for urban revitalization and community engagement is reflected.

Exhibit A

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7. What role will the mayor or city chief
executive play during the design,
implementation, and celebration of the
project?
The Mayor will be pivotal as a champion and supporter throughout its design, implementation, and celebration stages. During the design phase, the Mayor will actively advocate for the project, ensuring it aligns with the city's broader goals and garners necessary stakeholder support. As the project is implemented, the Mayor's continuous advocacy and involvement will be crucial in addressing challenges, facilitating resources, and sustaining momentum among teams and community partners. This leadership will extend to the celebration stage, where the Mayor will be central in public events and communications, highlighting the collaborative achievements and the project's community impact. The Mayor's consistent support and visibility throughout these phases will be instrumental to the project's success in creating transformative community development in San Bernardino.

8. When would the project launch? The project will launch approximately three months after the award announcement, anticipated on February 6, 2024. This timeline allows for the necessary City Council award acceptance and the execution of the grant agreement. Therefore, the anticipated launch date for the project would be estimated for early May 2024, providing adequate time for all necessary preparations and approvals ensuring a solid foundation for the project's successful start.

Exhibit A

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9. Which city departments/agencies will
be involved in the project? What will
their roles be throughout the project?
Several key City departments will be involved in the project, including the Mayor's Office, the Economic Development Department, and the Grants Team.

The Mayor's Office will provide essential support, advocating for the project and ensuring alignment with the city's strategic objectives. The Mayor's Office will also facilitate collaborations between stakeholders and play a role in high-level decision-making and mobilizing resources necessary for the project's success.

The Economic Development Department will oversee the day-to-day operations of the project, ensuring that all activities are carried out efficiently and effectively. The Economic Development Department will coordinate with the Mayor's Office, the Grants Team, community partners, the Love Your Block Fellow, and Americorps VISTA to ensure smooth implementation of the project activities. This department will also monitor the project's progress and impact, making adjustments as necessary to achieve the desired outcomes.

The Grants Team will be responsible for ensuring grant compliance. This includes managing the financial aspects of the grant, ensuring that all activities adhere to the grant's terms and conditions, and maintaining accurate and timely reporting. Their role is crucial in ensuring that the project stays on track with the goals and objectives and that all financial transactions and documentation are handled appropriately.

Each of these departments and agencies brings unique expertise and resources to the project. Their collaborative efforts are essential in ensuring the project's effective implementation, compliance with grant requirements, and overall success.

Exhibit A

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10. Which community partners will be
involved in this project? What will their
roles be throughout the project? For
example: nonprofits, community based
organizations, businesses, schools,
churches, colleges/universities,
hospitals, corporate partners and other
interested community partners.

Two key community partners will be involved in the project, Making Hope Happen: Uplift San Bernardino and Music Changing Lives.

Making Hope Happen: Uplift San Bernardino will primarily focus on volunteer engagement and logistics. Their responsibilities will include recruiting volunteers, which is crucial for the hands-on aspects of the project. They will also provide meeting space, facilitating the project's coordination and stakeholder collaboration. Additionally, Making Hope Happen will deploy volunteers to identify potential project sites, ensuring that the revitalization efforts are targeted to areas most in need and where they can have the greatest impact.

Music Changing Lives will serve as the primary point of contact for a diverse group of participants and contributors. They will convene meetings among the core team and maintain effective communication and coordination. Furthermore, Music Changing Lives will liaise with artists, contractors, researchers, and community groups, ensuring that all parties are aligned with the project's goals and timelines. Their role as the central coordinator will be vital in streamlining efforts and maintaining the project's momentum.

Both organizations, with their complementary roles, will be integral to the project's success, ensuring effective community involvement, efficient project management, and successfully realizing the project's objectives.

Section 4/7
Exhibit A

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11. What result(s) do you expect to
achieve through Love Your Block? For
example: number of volunteers
engaged, volunteer hours, community
projects completed, pounds of trash
removed, square feet of graffiti
removed, trees planted, and community
partners engaged.

Through the Love Your Block initiative, the City expects to achieve tangible and impactful results that will significantly contribute to the revitalization and development of the community.

A primary result will be successfully completing various community-driven projects. These projects, ranging from the installation of public art and murals to the beautification and clean-up of vacant lots, will transform blighted areas into vibrant community spaces. The successful execution of these projects will not only improve the aesthetic appeal of the neighborhoods but also encourage a sense of community pride and ownership.

Another expected outcome is volunteer engagement from within the community. The project will mobilize residents, empowering them to play an active role in transforming their neighborhoods. The number of volunteers participating will be a key metric, reflecting community involvement and commitment to the initiative.

The project also anticipates engaging with various community partners, such as local organizations, businesses, and groups, including local artists, that will collaborate in various aspects of the project. The involvement of these partners is essential to bring diverse resources, expertise, and perspectives to the project, enhancing its scope and impact.

These outcomes will collectively contribute to the project's goal of supporting community development, enhancing the quality of life for residents, and driving economic growth in the city.

Exhibit A

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12. How will you measure the impact of
Love Your Block? Please identify up to
five (5) measures the mayor and other
key executives (e.g., council members,
chief of staff, etc.), as well as engaged
residents and community partners will
receive to show the impact of the
project on the stated public challenge.

The impact of the Love Your Block project will be measured through a combination of quantitative and qualitative metrics. This includes regular community surveys, which will gather feedback from residents and stakeholders on their perceptions of the neighborhood improvements and the overall effectiveness of the projects. The surveys will be used to collect data throughout the project phases of pre-during and -post-implementation.

Another crucial measure will be the number of projects completed, serving as a quantitative indicator of the initiative's reach in physically transforming blighted areas. The degree of community engagement will also be closely monitored, including tracking volunteer participation rates and involvement of local organizations, reflecting the community's support and involvement.

Additionally, the physical transformation of targeted areas will be assessed through before-and-after analyses, using photographic documentation and site visits to visually capture the changes.

Finally, the long-term impact on social cohesion will be measured through follow-up surveys and interviews, evaluating changes in community interaction and social ties post-project completion. These measures will collectively provide a measurable overview of the Love Your Block initiative's success in revitalizing neighborhoods and enhancing the quality of life for San Bernardino residents.

Exhibit A

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13. How will you track metrics for the
project (e.g., dashboard, bi-weekly
status meeting, etc.)? You may provide
examples of how the city has tracked
similar project-related metrics.

The City of San Bernardino will employ a multifaceted approach to track metrics for the Love Your Block project through combined regular stakeholder meetings, updates to the City Council, and the use of technology for real-time tracking and visualization of project developments.

Regular stakeholder meetings will be a key component of the tracking strategy. These meetings will provide a platform for discussing project progress, addressing challenges, and sharing insights and feedback. They will involve representatives from the city departments, community partners, volunteers, and other relevant stakeholders. The frequency of these meetings will reflect timely and effective communication.

The project team will also provide regular updates to the City Council.

These updates will include detailed reports on the project's progress, including the number of projects completed, volunteer engagement statistics, and the impact on community cohesion and neighborhood improvement. This will ensure that the city's leadership is kept abreast of the initiative's progress and can provide guidance and support as needed.

Leveraging technology, the city will use an ESRI map to visually track project metrics. This interactive map will include project development timelines, allowing stakeholders to see the geographical spread and progress of various initiatives in real time. This tool has been effective in past city projects for its ability to provide a clear and dynamic overview of project developments.

In the past, the City of San Bernardino has successfully used similar methods to track project-related metrics. For instance, stakeholder meetings and council updates have been standard practices in maintaining transparency and accountability in city initiatives. Using ESRI maps for tracking has provided an innovative and efficient way to monitor and communicate project progress to all involved parties.

By combining these methods, the city will ensure that the Love Your Block project is tracked effectively, with clear, accessible, and up-to-date information available, facilitating informed decision-making and continuous improvement.

Exhibit A

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14. How often does the eligible
organization collect demographic data?
Who is tasked with this data collection?
The City collects demographic data on a regular basis using ESRI for data collection and analysis. This platform enables the city to access and analyze comprehensive demographic information efficiently.

The frequency of demographic data collection can vary based on project requirements and objectives. For a project like Love Your Block, where understanding community composition is crucial for effective planning and implementation, the city will collect and review demographic data periodically throughout the project lifecycle. This will take place bi-annually to ensure that the data remains current and relevant.

The responsibility for this data collection typically falls to a designated team or department within the city organization. For this project, this will include the Economic Development Department and the Mayor's office. These teams responsible for demographic data collection would use ESRI to gather, update, and analyze relevant demographic information, providing crucial insights for decision-making and project adaptation. Regular collection and analysis of demographic data are essential for understanding the community's changing needs and dynamics, enabling the city to tailor its initiatives effectively and ensure that they are as inclusive and impactful as possible.

15. What demographic data does the
eligible organization collect, and how is
that information used?
Using ESRI technology, the City of San Bernardino collects various demographic data, including ethnicity, income levels, household information, and the number of residents without access to private transportation. This data is crucial in ensuring that the city's projects are tailored to the diverse needs of its community. Ethnicity data helps understand cultural diversity, enabling the city to design inclusive and culturally sensitive projects. Information on income levels identifies economically disadvantaged areas to prioritize projects and maximize impact on living standards and economic opportunities. Household data detailing size and composition is helpful in addressing the specific needs of different household types, from families with children to elderly residents.

Additionally, data on access to private transportation is important to plan accessible events and attractions, especially for those reliant on public transport. This demographic information, analyzed using tools like ESRI, enables data-driven decision-making, ensuring projects like Love Your Block are inclusive, equitable, and responsive to the community's unique characteristics, ultimately enhancing project effectiveness and encouraging community engagement.

Section 5/7
Exhibit A

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16. Please describe how the eligible
organization has made grants to
community partners and residents in
the past. If the eligible organization has
not provided such grants, please
describe how you will implement such a
process and what, if any, support you
will need to do so, including partnering
with a city agency, nonprofit, or
university.

Historically, the City of San Bernardino has facilitated the provision of grants to community partners and residents through a structured and transparent process. This process typically involves an application procedure and competitive bidding, often realized through Requests for Proposals (RFPs).

The application process is designed to be accessible and equitable, allowing a diverse range of community organizations and residents to apply for funding. Applicants must provide detailed information about their proposed projects, including objectives, target populations, budgets, and anticipated outcomes. This ensures that the city has a comprehensive understanding of each proposal and can assess its potential impact and feasibility.

The competitive bidding process through RFPs is a critical component of the City's grant-making approach. RFPs are publicly announced, inviting interested parties to submit their proposals. These RFPs clearly outline the criteria and requirements for the grants, ensuring that all applicants are aware of the expectations and evaluation standards. The proposals received are then reviewed and evaluated based on these predefined criteria, which typically include project relevance, potential impact, feasibility, and alignment with the city's strategic objectives.

This "best practice" method ensures a fair and transparent selection process, where grants are awarded based on merit and alignment with the city's goals and priorities. It allows the city to support various initiatives, from community development projects to cultural and educational programs supporting diverse and impactful community engagement. Through this process, the City of San Bernardino's grant-making process supports impactful projects, encourages community involvement, and aligns with the city's broader goals of development and revitalization.

Exhibit A

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17. How will you ensure that residents
and community groups with limited or
no involvement are made aware of the
opportunity to apply for Love Your
Block mini-grants? What activities,
resources, or workshops do you plan to
make available for residents and
community groups to support them
during the application process?
To ensure that residents and community groups, particularly those with limited or no previous involvement, are made aware of the opportunity to apply for Love Your Block mini-grants, the City of San Bernardino will employ a multi-channel outreach strategy. This approach will combine digital and physical methods to reach the widest possible audience and encourage diverse participation. These methods include:

Physical Outreach at Community Events: The city will leverage existing community events to conduct outreach. Setting up information booths, distributing flyers, and engaging directly with attendees at these events will help reach residents who might not be aware of the mini-grants.

Economic Development Email Newsletter: Using the city's economic development email newsletter to disseminate information about the mini-grants will capture the attention of subscribers who are already interested in local development issues.

Collaboration with Community-Based Organizations (CBOs): Partnering with CBOs is crucial, as they often have established networks and credibility within various community segments. These organizations include Making Hope Happen: Uplift San Bernardino and Music Changing Lives to help spread the word and encourage applications from groups that might otherwise be unaware of the opportunity.

Involvement of City Council Members: City Council members will play a pivotal role in outreach, particularly within their districts. Their direct communication with constituents and participation in local events can significantly enhance awareness of the mini-grants.

Distribution of Flyers: Flyers will be used as an effective tool for reaching residents in various community spaces, such as libraries, community centers, local businesses, and schools. This ensures that information about the mini-grants reaches a broad audience, including those who may not have digital access.

Workshops for Application and Volunteering: Organizing workshops will not only inform residents and community groups about the mini-grants but also guide them through the application process. These workshops will be instrumental in demystifying the process and encouraging applications from groups who may be less familiar with grant applications.

Through this comprehensive outreach strategy, the City of San Bernardino will ensure that information about the Love Your Block mini-grants reaches all corners of the community, including those groups and residents with limited or no previous involvement in such initiatives. This approach is designed to cultivate inclusivity and encourage wide-ranging participation in the city's community development efforts.

Exhibit A

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18. Please describe the eligible
organization’s practices and
considerations around diversity and
inclusion when making grants to
community partners or residents. What
top lessons learned will you translate or
adapt to this grant? If this is a new
commitment, describe what best
practices and considerations you plan
to incorporate. We value learning, so
please highlight any shortcomings with
your past efforts towards diversity and
inclusion that you would improve or
address with this project.

In its commitment to diversity and inclusion, the City of San Bernardino has established specific practices and considerations when making grants to community partners or residents. This approach, which is continually evolving, reflects the city's dedication to fostering an inclusive and equitable community.

A key practice in the city's grant-making and contract award process is prioritizing local vendors, with a particular focus on supporting minority and women-owned businesses. This preference for local vendors not only stimulates the local economy but also ensures that the benefits of the city's projects are directly felt within the community. By actively seeking out and prioritizing businesses owned by underrepresented groups, the city demonstrates its commitment to leveling the playing field and promoting diversity in economic opportunities.

In translating these practices to the Love Your Block grant, the city plans to incorporate several lessons learned from past experiences:

Broadening Outreach: Recognizing that reaching a diverse pool of applicants requires intentional and varied outreach efforts, the city intends to use multiple channels and strategies to engage a wide range of community members, ensuring that information about the grant opportunities reaches underrepresented groups.

Simplifying Application Processes: To make grant opportunities more accessible, the city will simplify the application process. This includes clear, jargon-free guidelines and streamlined procedures, which are particularly important for smaller organizations or businesses that may not have extensive proposal-writing experience.

Capacity Building for Applicants: Offering workshops and support for potential applicants, especially targeting minority and women-owned businesses and organizations, can help build their capacity to successfully apply for grants. This not only aids in the current mini-grant process but also equips them with skills for future opportunities.

Incorporating Feedback Mechanisms: Establishing channels for feedback from past and potential grantees, especially from diverse community sectors, will help the city identify and address any shortcomings in its approach to diversity and inclusion.

Transparent Evaluation and Selection: Ensuring the grant evaluation and selection process is transparent and based on clear, objective criteria will build trust and credibility in the community.

The city acknowledges that there is always room for improvement in efforts towards diversity and inclusion. Past initiatives have highlighted the need for more targeted outreach and support for underrepresented groups, ensuring they are not only aware of grant opportunities but also equipped Exhibit A

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to apply for them. By implementing these best practices and learning from past experiences, the City of San Bernardino aims to enhance its commitment to diversity and inclusion in its mini-grant-making for the Love Your Block initiative and beyond.

Exhibit A

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19. Please describe plans for sustaining
the project after the two-year grant
period. Indicate any relevant
conversations about future funding and
partnerships with the eligible
organization and community partners
such as community foundations, local
businesses, or universities.

The City's plan for sustaining the Love Your Block initiative beyond the initial two-year grant period will include future funding and strengthening partnerships. Particularly the possible use of Community Development Block Grant (CDBG) funds, which are specifically allocated for community development purposes, would be an ideal fit for continuing the initiative's objectives.

Additionally, the city will actively seek other grant opportunities, both from government and private sources, to secure ongoing financial support for the project. Collaborations with CBOs will continue to play a vital role, not only in providing manpower and local insights but also in accessing additional funding sources through their networks. These collaborations offer diverse sustainability benefits, from potential financial support to expert guidance and additional resources.

Finally, ongoing community engagement and advocacy will be crucial in maintaining support and interest in the project. Regular communication about the project's progress and its impact will be instrumental in attracting continued support from a variety of stakeholders. Through these strategic approaches, the City of San Bernardino will establish a solid foundation for the Love Your Block initiative to thrive and expand its positive impact in the community well into the future.

Exhibit A

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20. Please identify staff who will be
responsible for this project. Provide
their title, full name, the role they will
play in the proposed project, and what
their other responsibilities are. Explain
why this project falls under their
purview.

The City of San Bernardino has designated key staff members who will be responsible for overseeing and managing various aspects of the project.

Each staff member will ensure the project's successful implementation and alignment with the city's broader goals. Their roles, titles, and other responsibilities are outlined as follows:

Mary Alvarez-Gomez, Grants Division Manager, will manage the administration of the grant. This includes overseeing the budget, ensuring compliance with grant requirements, and managing reporting and documentation. As a Grant Division Manager, Mary's role involves managing various city grants, ensuring that they are utilized effectively and in compliance with all stipulations. The Love Your Block project falls under Mary's purview due to her expertise in grant management and her role in ensuring that city projects funded through grants meet their objectives and adhere to funding guidelines.

Amanda Hernandez, Economic Development Division Manager, will oversee the execution and day-to-day operations of the Love Your Block project. She will ensure that all project activities are carried out efficiently and effectively. Her role includes coordinating with various stakeholders, including the Mayor's Office, the Grants Team, community partners, the Love Your Block Fellow, and AmeriCorps VISTA, to ensure smooth implementation of project activities. Additionally, Hernandez will monitor the project's progress and impact, making necessary adjustments to meet the desired outcomes. Amanda's broader role in the Economic Development Division involves overseeing various economic development initiatives and projects within the city, aimed at promoting growth and prosperity in the community. The Love Your Block project falls under her purview due to her leadership role in the Economic Development Division, where she is responsible for managing projects that drive economic growth and community development, which align with the objectives of the proposed project.

Kenesha Boyd, Program Lead, Office of the Mayor, will serve as the Program Lead in the Mayor's Office and will play a pivotal role in liaising between the project team and the Mayor's Office. She will be involved in facilitating high-level decision-making, strategic guidance, and project advocacy. Kenesha's other responsibilities include overseeing various programs and initiatives under the Mayor's Office, ensuring they align with the Mayor's vision and the City's strategic goals. The Love Your Block project falls under her purview due to her position in the Mayor's Office, which involves overseeing key city initiatives and ensuring their alignment with the city's overall strategic objectives.

Section 6/7
Exhibit A

Packet Page. 998

21. Please describe how the eligible
organization will recruit, manage, and
support the AmeriCorps VISTA member
and how the VISTA will support the
implementation of the project. Describe
how the eligible organization plans to
train, support, and deploy the
AmeriCorps member. Include the
organizational structure, where the
AmeriCorps VISTA will be placed in the
organization and to whom they will
report. Please include in the
organizational structure the office of the
mayor, city chief executive, and/or
department director. Please describe
how the VISTA will lead volunteer
recruitment and impact volunteering
through outreach, marketing
campaigns, building a social media
presence and other key activities.

AmeriCorps VISTA members’ time must
be used in accordance with the core
principles of the VISTA program to
improve lives, strengthen communities,
and foster civic engagement through
service and volunteering. Include any
information about previous experience
the city has had with AmeriCorps VISTA
members.

The City of San Bernardino has an existing structured recruitment process that involves collaboration between the Mayor's Office, Human Resources, Economic Development Staff, and CBOs to ensure wide dissemination of the employment opportunity to attract suitable candidates that are representative of the community.

Once recruited, the AmeriCorps VISTA member will undergo comprehensive training similar to other city staff, ensuring they are well-equipped to undertake their responsibilities effectively. This training will incorporate guidelines specific to their role and responsibilities within the context and core principles of the Love Your Block project, focusing on improving lives, strengthening communities, and fostering civic engagement.

The AmeriCorps VISTA will be integrated within the city's organizational structure, which includes the office of the mayor, the city chief executive, and the department director. They will report to the Economic Development Division Manager, who will ensure clear lines of communication and accountability. This organizational placement is designed to provide the VISTA with the necessary oversight and support while positioning them effectively to contribute to the project's goals.

The AmeriCorps VISTA will lead volunteer recruitment and impact volunteering through various activities, including outreach, marketing campaigns, building a social media presence, and collaborating with the Public Information Officer and marketing staff. Their role will be critical in amplifying the project's reach and engaging the community meaningfully.

The VISTA's efforts will be supported by managerial staff from key City departments, who will provide them with the necessary resources and guidance for training and implementing effective marketing and outreach strategies.

The City of San Bernardino has not yet had the opportunity to experience working with AmeriCorps VISTA members. This Love Your Block project will be an initial experience integrating AmeriCorps VISTA members into a project.

Exhibit A

Packet Page. 999

22. Please describe how the eligible
organization will recruit, manage, and
support the Love Your Block Fellow for
two years. Please describe how the city
plans to recruit, train, support, and
deploy the two-year Love Your Block
Fellow, including where the Fellow will
be placed in the organizational
structure, and who will supervise the
Fellow.

Implementing a similar recruitment process as previously mentioned for the AmeriCorps VISTA, the City will recruit, manage, and support the Love Your Block Fellow over a two-year period, focusing on leveraging local talent and expertise. The recruitment process for the Fellow will emphasize the importance of strong community ties, prioritizing candidates who are either current residents or have a longstanding connection to the neighborhood, coupled with a history of building local relationships. This focus will ensure that the Fellow is deeply rooted in the community they will serve, an essential factor for the role's focus on community engagement.

Upon selection, the Fellow will undergo training structured similarly to the City's internship program training to equip them with the necessary skills and knowledge for their role. This training will be overseen by the Economic Development Department, which will also manage the Fellow's day-to-day activities. The Fellow will be placed within this department, working under the direction of the Economic Development Division Manager. This placement provides a clear line of supervision and support, crucial for the Fellow's effective integration into the city's organizational structure.

The primary responsibilities of the Love Your Block Fellow include developing and implementing a community engagement strategy and managing various program activities. The Fellow will be key in fostering participation and support for the Project, working closely with residents, community organizations, and other stakeholders. By focusing on candidates with strong community connections and providing them with training and support, the Fellow will significantly contribute to the success of the proposed Love Your Block project.

Section 7/7

23. Is your city currently a member of
the Cities of Service coalition?
No
Letters of support from the critical
departments/agencies.
https://drive.google.com/a/jhupublicinnovation.org/uc?id=1Ce4TUhkLz_U9 ME9JqRQpO6o6I4xXA60s&export=download&display=/SanBernardino_15 2226022_LettersofSupport_CriticalDepartments.pdf
Letters of support from the critical
community partners.
https://drive.google.com/a/jhupublicinnovation.org/uc?id=1bQWu8aT8Tccs 4YsizsKVrzQ0f-dP6amS&export=download&display=/SanBernardino_1522 26170_LettersofSupport_CommunityPartners.pdf
Organizational chart that shows the
relationship between the staff
responsible for this project to the mayor
and senior leadership.
https://drive.google.com/a/jhupublicinnovation.org/uc?id=1A9OMTn7vE2hA 7N1iPE_bmfdrFGxvvEps&export=download&display=/SanBernardino_152 226188_LYBOrganizationalChart.pdf
Exhibit A

Packet Page. 1000

Upload the completed Declaration of
Service here.
https://drive.google.com/a/jhupublicinnovation.org/uc?id=1dgm1RAr4-AQd MZAIfZzrNb6EvFm6z171&export=download&display=/SanBernardino_152 225890_LoveYourBlockGrant.pdf
Please provide your initials here: Signature image not available.

Exhibit A

Packet Page. 1001

Exhibit A

Packet Page. 1002

290 North D St, San Bernardino, CA 92401 | P: 909-384-5242 | F: 909-384-5043 | www.SBCity.org

December 1, 2023

Amanda Daflos, Executive Director
Bloomberg Center for Public Innovation
At John Hopkins University
[email protected]

RE: Letter of Support for the City of San Bernardino Love Your Block Grant Application

Dear Amanda Daflos,

I am writing on behalf of the City of San Bernardino’s Economic Development Department to express our enthusiastic support for the City of San Bernardino's Love Your Block (LYB) grant application. Our organization, which supports renovation through community innovation and creativity, is deeply invested in improving our city's neighborhoods.

The LYB grant program's focus on community -driven solutions to address blight and improve neighborhoods aligns perfectly with our own objectives. We are excited about the prospect of engaging our members and volunteers in meaningful projects that will beau tify our city and strengthen our community's bonds.

The City of San Bernardino plans to rejuvenate the cityscape, enhance local business prospects, and expand the sense of community pride.

We stand ready to assist in ensuring the success of the LYB project in San Bernardino and believe that together, we can transform our shared vision of vibrant, thriving neighborhoods into reality.

Sincerely,

Amanda Hernandez
Amanda Hernandez
Economic Development Division Manager
City of San Bernardino
Exhibit A

Packet Page. 1003

290 North D St, San Bernardino, CA 92401 | P: 909-384-7272 | www.SBCity.org December 1st, 2023

Amanda Daflos, Executive Director
Bloomberg Center for Public Innovation
At Johns Hopkins University
[email protected]

RE: Letter of Support for the City of San Bernardino Love Your Block Grant Application

Dear Amanda Daflos,

I am writing on behalf of the Grants Division of the Office of the City Manager for the City of San Bernardino to express our enthusiastic support for the City of San Bernardino's Love Your Block (LYB) grant application. The Grants Division focuses on pursuing funding opportunities that work to improve city programs, critical infrastructure, and the needs of our community. We actively engage with community stakeholders who are deeply invested in improving our city’s neighborhoods through collaboration to improve community-driven results.

The LYB grant program's focus on community -driven solutions to address blight and improve neighborhoods aligns perfectly with our objectives. We are excited about the prospect of engaging our members and volunteers in meaningful projects that will beautify our city and strengthen our community's bonds.

The City of San Bernardino’s Grants Division will provide resources to the staff implementing this project through technical assistance and grant management best practices to ensure successful delivery of program objectives and outcomes.

We stand ready to assist in ensuring the success of the LYB project in San Bernardino and believe that together, we can transform our shared vision of vibrant, thriving neighborhoods into reality.

Sincerely,

Mary Alvarez-Gomez
Grants Division Manager
Grants Division, Office of the City Manager
[email protected]
Exhibit A

Packet Page. 1004

Exhibit A

Packet Page. 1005

Exhibit A

Packet Page. 1006

909-245-1454 | makinghope.org
341 W. Second Street, Suite 7 San Bernardino, CA. 92401 November 30, 2023
Amanda Daflos, Executive Director
Bloomberg Center for Public Innovation
At Johns Hopkins University
[email protected]
Subject: Letter of Support for the City of San Bernardino Love Your Block Grant Application Dear Amanda Daflos,
I am writing on behalf of Uplift San Bernardino, a collective impact initiative at the Making Hope Happen Foundation to express our enthusiastic support for the City of San Bernardino's Love Your Block (LYB) grant application. Through our partners and in collaboration with the community, Uplift San Bernardino is building a generation of successful adults who are committed to building roots in San Bernardino, and we are all deeply invested in improving our city's neighborhoods.

The LYB grant program's focus on community-driven solutions to address blight and improve neighborhoods aligns perfectly with our own objectives. We are excited about the prospect of engaging our members and volunteers in meaningful projects that will beautify our city and strengthen our community's bonds.

We stand ready to assist in ensuring the success of the LYB project in San Bernardino and believe that together, we can transform our shared vision of vibrant, thriving neighborhoods into reality.

Sincerely,
Niki Dettman Karen Suarez
Chief Executive Officer Vice President of Collective Impact Making Hope Happen Foundation Uplift San Bernardino
Making Hope Happen Foundation
Exhibit A

Packet Page. 1007

LOVE YOUR BLOCK

ORGANIZATION CHART

CITY OF SAN BERNARDINO

STEPHANIE CASTRO
Economic Development
Project Manager
AmeriCorps VISTA
member
Community
Volunteers

HELEN TRAN
Mayor

KENESHA BOYD
Exec. Assistant
Office of the Mayor
Community
Partners

MARY ALVAREZ-GOMEZ
Manager, Grants
Division
Love Your
Block Fellow

Packet Page. 1008

1 Follow @publicinno
Love Your Block
Milestone Payment Schedule
Milestone Payment Schedule
Funding will be disbursed in two equal payments of $50,000.

Payment 1: $50,000 issued upon execution of the award agreement The first $50,000 payment will be disbursed after this Agreement has been fully executed.

Payment 2: $50,000 issued on August 1, 2025 upon receipt of Annual Report covering Year 1 program activities.

The second $50,000 payment will be disbursed upon satisfactory completion, in BCPI’s sole discretion, of Year 1 grant activities and submission of the first annual report due July 31, 2025, to include narrative, budget, and metrics reporting for the period of July 1, 2024-June 30, 2025.

Exhibit B

Packet Page. 1009

Page 21 ends

Mayor and City CouncilSeptember 18, 2024

Mayor and City Council
September 18, 2024