Mayor and City Council of the City of San Bernardino Page 1
CITY OF SAN BERNARDINO
AGENDA
FOR THE
REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,
MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT
AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE
HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO
ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY
WEDNESDAY, MAY 07, 2025
3:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 SBCITY.ORG
Theodore Sanchez Helen Tran
Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Bill Gallardo
COUNCIL MEMBER, WARD 2 INTERIM CITY MANAGER
Juan Figueroa
Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett
Telicia Lopez
COUNCIL MEMBER, WARD 4 ACTING CITY CLERK
Kim Knaus
COUNCIL MEMBER, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino
PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC
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REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link:
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Mayor and City Council of the City of San Bernardino Page 2
CALL TO ORDER
A
ttendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor Pro Tem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
Interim City Manager Bill Gallardo
City Attorney Sonia Carvalho
Acting City Clerk Telicia Lopez
3:
00 P.M.
C
LOSED SESSION PUBLIC COMMENT
CLOSED SESSION
A) CO
NFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) E
state of Robert Brown, by and through its Personal Representative, Victoria Brown v.
City of San Bernardino, United States District Court Case No. 5:24cv02617KKDTB ii) Evelyn Bright v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2325471
B) CO
NFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i) No
tice of Claim, Robert Jeffrey Cortez, dated March 27, 2025, Claim No. GHC0067190 ii) Notice of Claim, Treasure Ortiz, dated March 28, 2025, Claim No. GHC0082770 C) C
ONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
i) A
gency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Polic e M
anagement Unit – PMA and Police Safety Unit – SBPOA
ii
) Agency Designated Representative: City Attorney or other Mayor and City Council Designee.
Unrepresented Employee: City Manager
p. 14
Mayor and City Council of the City of San Bernardino Page 3 5:00 P.M.
I
NVOCATION AND PLEDGE OF ALLEGIANCE
C
LOSED SESSION REPORT
P
RESENTATIONS
1. Proclamation for National Police Week in the City of San Bernardino – May 11 – 17, 2025 (All Wards) p. 15
2. Vice Chair & 5th District Supervisor Joe Baca, Jr. (San Bernardino County) Check Presentation: $569,250 to the City of San Bernardino for Newmark Field Improvements (Ward 4) p. 17
A
PPOINTMENTS
3. Water Board Reappointment of Cecilia A. Callicott p. 18 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Cecilia A. Callicott to the Water Board with a sixyear term of office ending in May 2031. Council Office staff have verified the appointee is a registered voter within the City.
4. Animal Control Commission Appointment of Claudia M. Rodriguez (Mayor’s Appointment) p. 24
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Claudia M. Rodriquez to the Animal Control Commission.
Ms. Claudia M. Rodriquez will replace Jason KakpoMoore with the term ending December 2026.
5. Public Safety and Human Relations Commission Appointment of Damien L. Groce (Mayor’s Appointment) p. 32
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Damien L. Groce to the Public Safety and Human Relations Commission representing the Mayors appointee. Mr. Groce will replace Mrs. Kimberly Knaus with the term ending December 2026. Council Staff has verified that the appointee is a registered voter within the City.
Mayor and City Council of the City of San Bernardino Page 4
PUBLIC HEARING
6. Resolution Imposing Liens on Certain Parcels of Real Property for Unpaid Business Registration Taxes and Penalties (All Wards) p. 41
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing to receive public comments on the matter; and
2. Adopt Res olution No. 2025278 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and
3. Direct the Finance and Management Services Director to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) whic h are resolved prior to the hearing.
CI
TY MANAGER UPDATE
P
UBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA CO
NSENT CALENDAR
7. Approval of Various Mayor and City Council Meeting Minutes p. 58 Recommendation:
It is rec ommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:
1. April 10, 2024 Special Meeting of the Mayor and City Council
2. October 24, 2024 Special Meeting of the Mayor and City Council
8. Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards) p. 67
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025279, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements.
9. Amendment No. 1 to the Professional Services Agreement Between the City of San Bernardino and Michael Baker International for Federal Grant Administration Services (All Wards) p. 106
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the professional services agreement between the City of S an Bernardino and Michael Baker Inter national, increasing the total compensation by $129,172, not to exceed $373,091.
2. Authorize the City Manager to execute A mendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Michael B aker International.
3. Authorize the City Manager to enter into subsequent amendments related to the s cope of work and increases in compensation up to an additional $130,000, not to exceed a total Master A greement compensation of $403,091.
Mayor and City Council of the City of San Bernardino Page 5
10. Approval of a Funding Agreement with the County of San Bernardino in the amount of $569,250 with $189,750 of City matching funds for Newmark Field Improvements (Ward 4) p. 117
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025280:
1. Authorizing the City Manager, or designee, to execute a Funding Agreement with the County of San Bernardino to receive $569,250 in County funds for Newmark Field Improvements; and
2. Approve matching funding in the amount of $189,750 from the City’s CIP Fund; and
3. Author izing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to rec eive the County funds; and
4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both rev enues and expenditures, and appropriate $758,425 for the Newmark Field Improvements.
11. Approval of Funding Agreement with the County of San Bernardino for La Plaza Park Improvements (Ward 1) p. 148
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025281:
1. Authorizing the City Manager, or designee, to execute a Funding Agreement with the County of San Bernardino to receive $1,342,243 in County funds for La Plaza Park improvements; and
2. Approving matching funding in the amount of $447,414 from the City’s CIP Fund; and
3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and s ubmittals of necessar y documents to receive the County funds; and
4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $1,789,657 for La Plaza Park improvements.
12. City of San Bernardino Police Department Annual Assembly Bill 481 Military Equipment Usage Report (All Wards) p. 180
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Receive and file the Department’s annual military equipment use report; and
2. Approve the Department’s request to acquire additional lifesaving equipment in accordance with Assembly Bill 481.
Mayor and City Council of the City of San Bernardino Page 6
13. Resolution Adopting the City of San Bernardino Local Hazard Mitigation Plan 2024 (All Wards) p. 323
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025282 and Adopt the City of San Bernardino Local Hazard Mitigation Plan 2024.
14. Adopt Resolution Authorizing the Submittal of Individual CalRecycle Payment Program Applications and Related Authorizations for All Payment Programs (All Wards) p. 460
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025283:
1. Authorize the City Manager, or their designee, to submit an application to CalRecycle for any and all payment programs offered.
2. Authorize the City Manager, or their designee, to act as Signature Authority to execute all documents neces sary to implement and secure payment under such programs.
3. These authorizations rem ain effective until res cinded by the Signature Authority or the governing body.
15. Resolution Approving Final Tract Map No. 20051 (Ward 5) p. 467 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025284 by the Mayor and City Council of the City of San Bernardino, California, approving Final Tract Map No. 20251 (Subdivision 1701) involving the subdivision of two (2) parcels (APN 026104121 & 22) containing a total of approximately 2.8 acres into eight (8) single family residential lots ranging in size from 11,918 to 12,707 square feet and to allow the construction of eight (8) single family residences (one & twostory), along with the construction of required onsite and offsite improvements, located at the northeast corner of Ohio Avenue and Chestnut Avenue; accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.
Mayor and City Council of the City of San Bernardino Page 7
16. Approval of Amendment No.1 to the Construction Agreement with HUR Flooring Corporation for the Rudy Hernandez Community Center Gym Flooring Replacement Project (Ward 1) p. 567
Recommendation
It is recommended that the Mayor and City Council of the City of San Bernardino, California,
1. Approve Amendment No. 1 to the Construction Agreement with HUR Flooring Corporation for Rudy Hernandez Community Center Gym Flooring Replacement (“Project”); and
2. Authorize the City Manager or his or her designee to execute all necessary documents with HUR Flooring Corporation.
17. Resolution Declaring Intention to Conduct a Public Hearing on July 2, 2025, to Consider Adjusting the Maximum Permitted Service Rates for Integrated Solid Waste Collection, Processing, And Disposal Services (All Wards) p. 581 Recommendation:
It is recommended that the Mayor and City Council of the City of S an Bernardino, Adopt Resolution No. 2025285, Declaring its intention to conduct a public hearing on July 2, 2025, to consider adjusting the maximum perm itted service rates for integrated solid waste collection, processing and disposal services.
18. Award a Construction Agreement to Matich Corporation for the Pavement Rehabilitation at Fourteen Locations in the amount of $4,750,755.00 (Project No.
SS25004) (All Wards) p. 596
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino California;
1. Approve the award of the Constr uction A greement with Matich Corporation, in the amount of $4,750,755.00 for the Pavem ent Rehabilitation at Fourteen Locations (Project); and
2. Authorize the project construction, cons truction contingencies, construction management, staff administrative costs, and independent soil and pavement testing, in the total amount of $1,500,000 for construction of the project; and
3. Authorize the City Manager or designee to execute all documents with Matich Corporation; and
4. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.
Mayor and City Council of the City of San Bernardino Page 8
19. Resolution Authorizing the Submittal of Individual CalRecycle Grant Applications and Related Authorizations for All CalRecycle Grant Programs (All Wards) p. 668 Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025286:
1. Authorizing the City Manager, or their designee, to submit an application to CalRecycle for any and all grant programs offered.
2. Authorize the City Manager, or their designee, to act as Signature Authority to execute all documents neces sary to implement and secure payment under such programs.
3. These authorizations are effective until rescinded by the Signature Authority or the governing body.
20. Award Professional Services Agreement with Alliant Insurance Services, Inc. for Employee Benefit Brokerage and Consulting Services in the amount of $150,000 (All Wards) p. 675
Recommendation:
It is recommended that the Mayor and City Council of San Bernardino, California
1. Authorize the Interim City Manager, or des ignee, to execute a pr ofessional services agreement with A lliant Insurance Services, Inc., as a s ole s ource vendor to provide health insur ance brokerage and consulting ser vices for the City’s employee healthcare program.
2. Authorize the Director of Finance and Management Services to issue a purchase order to Alliant Insurance Services, Inc., in an amount not to exceed $150,000.
ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
21. Discuss the Potential of Creating a Vacant Building and Land Maintenance Fee Ordinance (All Wards) Council Member Ortiz p.698
22. Consider approval of the Request for Proposals process on contract legal services as it ensures transparency, accountability, and alignment with the city's goals and budget priorities. It allows elected officials to provide oversight, promote fair competition, and uphold public trust in the procurement of legal services (All Wards) Mayor Helen Tran p. 699
M
AYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS A
DJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on May 21, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410.
Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
Mayor and City Council of the City of San Bernardino Page 9
CERTIFICATION OF POSTING AGENDA
I,
Telicia Lopez, CMC, Acting City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the May 7, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410, and on the City's website sbcity.org on Friday, May 2, 2025.
I dec
lare under the penalty of perjury that the foregoing is true and correct.
Telicia Lopez, CMC, Acting City Clerk
Mayor and City Council of the City of San Bernardino Page 10 NOTICE:
Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.
In ac
cordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:
P
ublic Comments and Testimony:
Ru
le 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.
Ru
le 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk.
Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.
R
ule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s address.
Ru
le 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.
Ru
le 5. Time Limits:
5. 01 Each member of the public shall have a reasonable time, not to exceed three (3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.
5. 02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed (3) minutes, to provide testimony during each public hearing.
An
y member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time Mayor and City Council of the City of San Bernardino Page 11 limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.
S
peakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made.
The
Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.
P
ublic comments will not be received on any item on the agenda when a public hearing has been conducted and closed.
Mayor and City Council of the City of San Bernardino Page 12 ALTERNATE MEETING VIEWING METHOD:
If there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3):
https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6
PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:
Written comments can be emailed to [email protected]. Written public comments received up to 1:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City Council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .
Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 1:30 p.m. deadline will not be accepted.
Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 9093845002 or [email protected] for assistance outside of this timeframe.
Written correspondence submitted after the deadline will be provi ded to the Mayor and City Council at the following regular meeting.
MEETING TIME
NOTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the s ame day it began. At
9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.
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his Page Intentionally left blank.
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7 1
CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i) Estate of Robert Brown, by and through its Personal Representative, Victoria Brown v. City of San Bernardino, United States District Court Case No. 5:24-cv- 02617-KK-DTB
ii) Evelyn Bright v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2325471
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i) Notice of Claim, Robert Jeffrey Cortez, dated March 27, 2025, Claim No.
GHC0067190
ii) Notice of Claim, Treasure Ortiz, dated March 28, 2025, Claim No. GHC0082770 C) CONFERENCE WITH LABOR NEGOTIATOR (Pursuant to Government Code Section 54957.6):
i) Agency Designated Representative: City Manager or Designee Employee Organization: General Unit – Teamsters Local 1932, Management Confidential Group – SBCMA, Mid Management Unit – Teamsters Local 1932, Police Dispatch Unit – SBPDA, San Bernardino Police Civilian Association – AFSCME Local 4710, Police Management Unit – PMA and Police Safety Unit – SBPOA
ii) Agency Designated Representative: City Attorney or other Mayor and City Council Designee.
Unrepresented Employee: City Manager
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for National Police Week in the City of San Bernardino – May 11 – 17, 2025 (All Wards)
Packet Page. 15
A PROCLAMATION OF
THE MAYOR AND CITY COUNCIL
PROCLAIMING MAY 11 – 17, 2025, AS
NATIONAL POLICE WEEK
IN THE CITY OF SAN BERNARDINO
WHEREAS, there are more than 800,000 law enforcement officers serving communities across the United States, including the dedicated members of the San Bernardino Police Department; and WHEREAS, since the first recorded law enforcement death in 1786, more than 24,000 officers in the United States have made the ultimate sacrifice while protecting our communities, including ten members of the San Bernardino Police Department; and
WHEREAS, the names of these fallen heroes are inscribed on the walls of the National Law Enforcement Officers Memorial in Washington, D.C., as a lasting tribute to their bravery and sacrifice; and
WHEREAS, in 2024, twenty new names of fallen officers from across the country were added to the National Law Enforcement Officers Memorial; and
WHEREAS, the service and sacrifice of all officers killed in the line of duty will be honored during the National Law Enforcement Officers Memorial Fund’s 37th Candlelight Vigil on the evening of May 13, 2025; and
WHEREAS, National Police Week, observed May 11 - 17, 2025, provides an opportunity to recognize the dedication and bravery of law enforcement officers who risk their lives daily to protect our citizens; and
WHEREAS, May 15 is designated as Peace Officers Memorial Day, in honor of fallen officers and their families, and the United States flag should be flown at half-staff in their memory.
NOW, THEREFORE, BE IT RESOLVED THAT the Mayor and the City Council of San Bernardino do hereby proudly recognizes May 11 - 17, 2025, as National Police Week, honors the sacrifices of law enforcement officers who have laid down their lives in service to their communities, and expresses gratitude to the San Bernardino Police Department for their unwavering dedication and commitment to safeguarding our city.
Presented on the 7th day of May 2025
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran
Department: Mayor's Office
Subject: Vice Chair & 5th District Supervisor Joe Baca, Jr. (San Bernardino County) Check Presentation: $569,250 to the
City of San Bernardino for Newmark Field
Improvements (Ward 4)
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Water Board Reappointment of Cecilia A. Callicott Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Ms. Cecilia A. Callicott to the Water Board with a six-year term of office ending in May 2031. Council Office staff have verified the appointee is a registered voter within the City.
Background
The Water Board was established under Charter Section 603 and is responsible for the oversight and management of the City’s water supply, recycled water, wastewater collection and treatment; employing such persons as may be needed for the proper administration of the City’s water and wastewater systems; setting and collecting water and wastewater rates, fees and charges; allocating all receipts and expenditures to separate, independent, water and sewer funds in accordance with State law; providing for an annual, independent audit of all water and wastewater accounts; compensating members of the Water Board; collaborating with the Mayor, City Council, and the City Manager on matters concerning the City’s water and wastewater systems; and establishing and periodically reviewing and revising such rules and regulations as may be appropriate for managing the City’s water and wastewater systems.
The Water Board is comprised of five (5) members appointed by a vote of the Mayor and entire Council, as provided for in section 304(b) of the Charter. The term of service for this reappointment will be a six-year term ending on the second Monday in May.
2021-2025 Strategic Targets and Goals
The proposed appointment aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
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Fiscal Impact
No fiscal impact to the City.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the reappointment of Cecilia A. Callicott to the Water Board with a six-year term of office ending in May 2031.
Attachments
Attachment 1 – Commission Application – Cecilia A. Callicott Attachment 2 – Charter Section 603
Ward:
All Wards
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San Bernardino Charter Page 9
boards, commissions and committees. The Council also may abolish or create particular boards, commissions and committees, provided that the Council may not abolish the Commissions or Boards specifically provided for in this Charter. The Council may grant powers and duties to boards, commissions and committees that are consistent with the provisions of this Charter.
Section 601. Appointment, Removal, Terms of Office and Procedural Rules Except as provided elsewhere in this Charter, the appointment, removal, and terms of office of boards, commissions, committees and their members and the rules and regulations pertaining to the conduct of board, commission or committee business shall be as prescribed by a vote of the Mayor and entire Council, as provided in section 304(b) of this Charter. Members of boards, commissions and committees shall be residents of the City, unless exempted by ordinance or State law.
Section 602. Library
A Library Board of Trustees consisting of five (5) members shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b) to serve without compensation. The Mayor and entire Council may remove Trustees in the same manner. The Board shall:
(a) Be responsible for providing adequate library services; (b) Appoint a Library Director;
(c) Administer the Library budget allocated by the Council; (d) Make and enforce all rules and regulations applicable to library services; and (e) Administer such additional matters as may be determined by ordinance.
Section 603. Water and Wastewater
A Water Board of five (5) Commissioners shall be appointed by a vote of the Mayor and entire Council, as provided in section 304(b). Commissioners shall serve terms of six (6) years each, staggered in the same manner as at the time of the adoption of this Charter. Any one or more of these Commissioners may be removed by a vote of the Mayor and entire Council. The Board shall have the following powers and responsibilities:
(a) Be responsible to oversee and manage the City’s water supply, recycled water, wastewater collection and treatment (“Water and Wastewater Systems”) functions in accordance with State law.
(b) Employ such persons, including a general manager, as may be needed for proper administration of the City’s Water and Wastewater Systems. (c) Set and collect all rates, fees and charges for operation of the Water and Wastewater Systems.
(d) Allocate all receipts and expenditures to separate, independent, Water and Sewer Funds in accordance with State law.
(e) Provide for an annual, independent audit of all water and wastewater accounts, and may provide for more frequent audits as it deems necessary. Copies of all auditors’ reports shall be filed with the City Clerk and Council.
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Animal Control Commission Appointment of Claudia M. Rodriguez (Mayor’s Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Claudia M. Rodriquez to the Animal Control Commission. Ms. Claudia M. Rodriquez will replace Jason Kakpo-Moore with the term ending December 2026.
Background
The Animal Control Commission was established by Resolution No. 2018-45 on February 21, 2018, and is charged with advising the Mayor, City Council and City Staff on matters pertaining to animal control in the City. The commission is also charged with serving in an advisory capacity on strategies, policies and programs designed to ensure quality care for animals housed at the City of San Bernardino’s Animal Shelter.
Members are appointed to this commission on the basis of demonstrated knowledge and experience in the area of animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the commission.
The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter 2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor nominates two members.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Key Target No. 2 Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to City,
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Ms. Claudia M. Rodriquez to the Animal Control Commission. Ms. Claudia M. Rodriquez will replace Jason Kakpo-Moore with the term ending December 2026.
Attachments
Attachment 1 – Commission application – Claudia M. Rodriquez Attachment 2 – Resolution No. 2018-45
Ward:
All Wards
Synopsis of Previous Council Actions:
February 21, 2018 Resolution No. 2018-45 establishing the Animal Control Commission was adopted.
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28 RESOLUTION NO. 2018- 45
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE ANIMAL CONTROL
COMMISSION
WHEREAS, the City Council previously established the Animal Control Commission by ordinance; and
WHEREAS, the City Council in implementing the new charter provisions has evaluatedthe community' s need for various committees and commissions and desiresto eliminate somebodies and consolidate othersto increaseefficiency andpreservescarce resources; and
WHEREAS, the City Council hasadoptedan ordinancerepealing the ordinance establishing the Animal Control Commission; and
WHEREAS, the City Council desiresto establishtheAnimal Control Commissionby enactmentof this resolution, andestablishits dutiesandmembership.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Animal Control Commission is hereby created to serve in an I advisorycapacityto the Mayor andCity Councilin all matterspertainingto animalcontrol and to make recommendations with respect thereto.
SECTION 2. The Animal Control Commission shall study and make recommendationsto the Mayor and City Council on matters concerning the City' s animal control regulations, and such other matters asmay be directedby the Mayor and City Council.
SECTION 3. The Animal Control Commission shall:
A. Provide advisory recommendations to the Mayor and the City Council on strategies, policies, and programs designedto ensurequality carefor animals housedat the City of San Bernardino' s Animal Shelter;
B. Serve as a liaison to the Mayor, the City Council, and the city staff on behalf of the community in matters related to the City of SanBernardino' s Animal Shelter Services; 1 Packet Page. 29
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28 C. Increase awareness of animals available for adoption at the shelter; D. Educate the community regarding the humane treatment of animals and other matters related to animal shelter services;
E. Address suchmatters asmay otherwise be assignedto the Animal Control Commissionundertheprovisionsof the SanBernardinoMunicipal Codeor by City Council action.
SECTION 4. The existing members of the Animal Control Commission previously establishedby ordinance shall continue to serve as Animal Control Commissionersuntil they are replaced. Members of the Commission shall be appointed and serve pursuant to the provisions of Chapter 2. 17 of this Code. Members shall be appointed on the basis of demonstratedknowledge and experience in the areaof animal care, animal husbandry, wild animals, animal behavior or other areas which relate to the mission and purpose of the Commission.
SECTION 5. Each member of the Commission shall serve without compensation.
Immediately after appointment and Qualification of any new Commission members, the Commission shall organize by electing from among its membership a chairman and a vice chairman. Regular meetings shall be held at least quarterly. Five members shall constitute a quorum, but a lessernumber of members may adjourn from time to time.
SECTION 6. This Resolution shall take effect upon the effective date of the ordinance repealing Municipal Code Chapters 2.26 Animal Control Commission. 2 Packet Page. 30
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, ESTABLISHING THE ANIMAL CONTROL
COMMISSION
I HEREBY CERTIFY that the foregoing Resolution was duly adoptedby the Mayor and City Council of the City of SanBernardino at a Joint Regular Meeting thereof, held on the 21' day of Februar\ 2018, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
MARQUEZ YS )
BARRIOS
VALDIVIA ! r
SHORETT
NICKELi
RICHARD X
MULVIHILL 0
e, " " 4: —at
Georges Hanna, CMt, 6ty Clerk
The foregoing Resolution is hereby approvedthis 21St
day of February 2018.
R. Carey Da s, Mayor
City of SanBernardino
Approved as to form:
Gary D. Saenz, City Attorney
3 By:
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APPOINTMENTS
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Public Safety and Human Relations Commission
Appointment of Damien L. Groce (Mayor’s
Appointment)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Damien L. Groce to the Public Safety and Human Relations Commission representing the Mayors appointee. Mr. Groce will replace Mrs. Kimberly Knaus with the term ending December 2026. Council Staff has verified that the appointee is a registered voter within the City.
Background
The Public Safety and Human Relations Commission was established by Resolution No. 2018-46 on February 21, 2018 and is charged with studying and making recommendations to the Mayor and City Council on matters concerning the City’s law enforcement and fire services, emergency preparedness and traffic safety (including traffic law enforcement and traffic engineering). The commission is comprised of nine (9) members who serve at pleasure of the Mayor and City Council. Pursuant to Chapter
2.17 of the Municipal Code, each City Council member shall nominate one member who shall serve during and for the term of the nominating Council member, and the Mayor shall nominate two members who shall serve during and for the term of the Mayor.
2021-2025 Strategic Targets and Goals
The proposed commission appointment aligns with Goal Number 2: Focused, Aligned Leadership and Unified Community by building a culture that attracts, retains, and motivates the highest quality talent.
Fiscal Impact
No fiscal impact to the City.
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Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the appointment of Mr. Damien L. Groce to the Public Safety and Human Relations Commission representing the Mayor’s appointment. Mr. Damien L.
Groce will replace Mrs. Kimberly Knaus with the term ending December 2026. Council Staff has verified that the appointee is a registered voter within the City.
Attachments
Attachment 1 – Commission application – Mr. Damien L. Groce Attachment 2 – Resolution No. 2018-46
Ward:
All Wards
Synopsis of Previous Council Actions:
February 21, 2018 Resolution No. 2018-46 establishing the Public Safety and Human Relations Commission was adopted.
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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
C. Jeannie Fortune, Interim Director of Finance and Management Services
Department: Finance & Management Services
Subject: Resolution Imposing Liens on Certain Parcels of Real Property for Unpaid Business Registration Taxes and
Penalties (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing to receive public comments on the matter; and
2. Adopt Resolution No. 2025-278 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and
3. Direct the Finance and Management Services Director to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing.
Executive Summary
This action allows the Business Registration Division to place liens on certain properties identified as unregistered properties that require a business license and have not obtained one. Identified property owners have not responded to multiple attempts by staff to contact them, including a certified letter. Liens will not be filed if property owners come into compliance before the liens are filed, and liens will be removed if and when properties come into compliance or the properties are shown to be exempt from the requirement.
Background
On November 21, 1990, the Mayor and City Council adopted Ordinance MC-756 adding section 5.04.076 to the Municipal Code relating to liens for delinquent business license fees. San Bernardino Municipal Code Section 5.04.076 enables unpaid taxes and penalties for business registration to become an assessment on the associated property if not collected after proper notification to the owner. To comply with this section, staff
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regularly brings a list of identified unregistered properties to the Mayor and City Council to approve the placement of liens.
Discussion
Unregistered properties are identified through multiple sources, including a Homeowners Exemption listing received from the County of San Bernardino, newly opened water department accounts, closed rental property business registration accounts, code enforcement efforts, and citizen notification. These potentially unregistered accounts are contacted using the property’s mailing address provided by the County of San Bernardino and the Water Department. The properties listed in Exhibit A include newly identified rental properties and delinquent accounts that have provided no response to the City’s collection efforts.
Business Registration staff make multiple attempts to contact property owners to gain compliance with the municipal code before a property is entered into the lien process.
The initial letter informs the property owner that rental properties are considered a business and a registration certificate is required. This letter also informs the owner that if the property is not a rental to please indicate the status of the property, in order to ensure that it is not included in the list of properties requiring registration. If a response is not received, a second letter is sent advising the owner to comply with the registration requirement or contact the Business Registration office to discuss the status of the property. If there is still no response after the second letter, a certified letter is sent providing the same information. If there is no response to the certified letter, a lien hearing notice is mailed with a Business Registration application to allow the owner to comply or close the account before proceeding into the lien process.
If letters are returned because the owner's address is unknown, the City will continue the same process using the new address collected by the United States Post Service. If no forwarding address is provided by the USPS, the matter is dismissed.
Exhibit A to the Resolution (attached) represents accounts that have not come into compliance as of May 7, 2025, when this report was submitted into the agenda process.
Those accounts that were addressed between April 9, 2025 and May 7, 2025, will be removed from the list that is forwarded to the County; liens will not be placed on those properties.
2021-2025 Strategic Targets and Goals
The approval of the placement of liens on the subject properties for unpaid Business Registration taxes and penalties aligns with Key Target No. 1: Increased Financial and Operational Capacity by implementing, maintaining, and updating a fiscal accountability plan. The program helps to ensure greater compliance with the municipal code within the business community and will generate additional revenue through this enhanced compliance effort by Business Registration staff.
Fiscal Impact
There is no fiscal impact to the budget associated with this action.
The anticipated amount of revenue to be collected through the lien process is $294,104,
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an estimate of which was included in the FY 2025-26 Business Registration revenue budget.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Conduct a public hearing to receive public comment on the matter; and
2. Adopt Resolution No. 2025-278 of the Mayor and City Council of the City of San Bernardino, California, imposing liens on certain parcels of real property for unpaid business registration taxes and penalties; and
3. Direct the Finance and Management Service Director to remove any properties from the Business Registration Lien List (Exhibit A to the Resolution) which are resolved prior to the hearing.
Attachments
Attachment 1 Resolution No. 2025-278
Attachment 2 Exhibit A to Resolution No. 2025-278
Attachment 3 Notice of Public Hearing
Ward:
All Wards
Synopsis of Previous Council Actions:
May 15, 2024 Mayor and City Council adopted Resolution No. 2024-095, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees.
August 2, 2023 Mayor and City Council adopted Resolution No. 2023-127, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees.
March 15, 2023 Mayor and City Council adopted Resolution No. 2023-050, imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees.
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Resolution No. 2025-278
Resolution No. 2025-278
May 7, 2025
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RESOLUTION NO. 2025-278
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN PARCELS OF REAL
PROPERTY LOCATED WITHIN THE CITY OF SAN
BERNARDINO FOR UNCOLLECTED BUSINESS
REGISTRATION FEES
WHEREAS, Section 5.04.76 of the San Bernardino Municipal Code (SBMC) requires whenever appropriate fees and penalties cannot be collected after proper notification to the owner, the total uncollected fees and penalties shall become an assessment; and WHEREAS, owners of properties listed in Exhibit “A” were issued a first notice, final notice, certified notice and a Lien Hearing notice of the rental property requirements for the City of San Bernardino. Due notice was given to the person or persons having an interest in said property and pursuant to the notice dated May 07, 2025, a hearing was held by the Mayor and City Council to hear protests and to assess the fees imposed on said property.
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 matter having now come before the Mayor and City Council for confirmation of the imposition of the liens imposed, the fees set forth on Exhibit “A” are found to have been uncollectible after proper notification to the property/business owner pursuant to proceedings under SBMC Section 5.04.76.
SECTION 3. The statements of fees on file with the Finance & Management Services Department are hereby confirmed and adopted as special assessment against the properties listed in Exhibit “A” hereto.
SECTION 4.The Director of Finance & Management Services is directed to remove paid liens and those addressed prior to the meeting of May 07, from Exhibit “A” prior to forwarding the list to the County.
SECTION 5.The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2025-278
Resolution No. 2025-278
May 7, 2025
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SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of May 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-278
Resolution No. 2025-278
May 7, 2025
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-278, adopted at a regular meeting held on the 7 th day of May 2025, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____ 2025.
Telicia Lopez, CMC, Acting City Clerk
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Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
1 AJK Homes LLC 121 E 2nd St 75974 0135 291 04 $762 $612 1 1812 Corinth Ave Apt 1 Los Angeles CA 90025 2 WF San Bernardino LLC 555 W 2nd St 80319 0134 371 10 $10,330 $10,180 1 14 Corporate Plaza Dr Ste 120 Newport Beach CA 92660 3 SPSSM Investments II LP 1006 E 2nd St 936459 0279 301 47 $810 $660 1 4900 Santa Anita Ave Ste 2C El Monte CA 91731 4 Ivonne Gonzalez 1098 E 2nd St 950965 0279 301 58 $582 $432 1 1098 E 2nd St Apt B San Bernardino CA 92408 5 ATC Building CO 334 W 3rd St 51429 0135 161 37 $1,080 $930 1 333 S Grand Ave Ste 700 Los Angeles CA 90071 6 Hector Morales Lopez 1037 W 5th St 73595 0138 201 31 $894 $744 1 1556 Union St San Bernardino CA 92411 7 Saunier Family Revocable Living Tr 1142 W 5th St 60869 0138 124 21 $774 $624 1 3923 W Meyers Rd San Bernardino CA 92407 8 Lincoln 675 LLC 370 W 6th St 78578 0135 011 19 $634 $494 1 169 Pacific St Pomona CA 91768 9 Noe Sosa Jr 1180 W 6th St 72165 0138 054 26 $546 $396 1 7320 Duchess Dr Whittier CA 90606 10 Dominga Carrillo 1220 W 6th St 80257 0138 052 13 $1,022 $872 1 1220 W 6th St San Bernardino CA 92411 11 Cobra 28 NO 3 LP 1538-42 W 6th St 933328 0138 033 31 $690 $540 1 4900 Santa Anita Ave Ste 2C El Monte CA 91731 12 Salvador & Laura Gonzalez Fam Rev 1655 W 7th St 80499 0138 023 19 $510 $360 1 70 Fedor Bloomington IL 61710 13 Group XIV Properties LP 347 W 8th St 900363 0140 282 69 $1,595 $1,445 1 4900 Santa Anita Ave Ste 2C El Monte CA 91731 14 Mary Evelyn Duran Rev Liv Tr 747 W 8th St 41902 0140 263 05 $630 $480 1 16742 Ramona Ave Fontana CA 92336 15 Cinthya Arrieta Esquerra 1067 W 8th St 65204 0139 301 06 $594 $444 1 2052 E Mardina St West Covina CA 91791 16 Illidan 28 LP 142 W 9th St # 144 970467 0140 162 39 $470 $320 1 4900 Santa Anita Ave Ste 2C El Monte CA 91731 17 Illidan 28 LP 160-164 W 9th St 970468 0140 162 36 $950 $800 1 4900 Santa Anita Ave Ste 2C El Monte CA 91731 18 Errol & Efrain Barrow 628 W 9th St 76214 0140 142 13 $612 $462 1 628 W 9th St Apt 1 San Bernardino CA 92410 19 DHA Opportunity 1 LP 115 E 10th St 936900 0140 171 02 $480 $330 1 4900 Santa Anita Ave Ste 2C El Monte CA 91731 20 Francisco Urbina 227 W 10th St 78978 0140 161 08 $566 $416 1 332 N Siesta Ave La Puente CA 91746 21 Gabriel Garcia/Guillermina Fuentes 608 W 10th St 73592 0140 033 14 $606 $456 1 18828 Malkoha St Lake Matthews CA 92570 22 EOA Empire LLC 924 W 10th St 65212 0139 132 17 $522 $372 1 236 W Orange Show Ln Ste 108 San Bernardino CA 92408 23 Eliseo & Sara Limon 1060 W 10th St 7991 0139 121 38 $480 $330 1 1058 W 10th St San Bernardino CA 92411 24 Blanca Burgos/Severian Beltran 180 E 11th St 75285 0140 082 16 $590 $444 1 8300 Quimby St Paramount CA 90723 25 Jorge Rodriguez 187 W 11th St 80383 0140 103 02 $606 $456 1 308 N Oak Cliff Blvd Dallas TX 75208 26 Rodrigo Martinez 260 W 11th St 73948 0140 072 16 $690 $540 1 260 W 11th St San Bernardino CA 92410 27 Jose Perez 1131 W 11th St 79029 0139 113 22 $510 $360 1 1131 W 11th St San Bernardino CA 92411 28 Victor Mora 131 S Alameda Ave 78646 0279 236 11 $570 $420 1 3346 Irvington Ave San Bernardino CA 92407 29 Le-Nguyen Family Living Trust 185 S Alameda Ave 49300 0279 237 28 $450 $300 1 3330 La Costa Way San Jose CA 95135 30 Starlight Mgmt III LP 415 S Allen St 932912 0136 271 15 $1,350 $1,200 1 4900 Santa Anita Ave Ste 2C El Monte CA 91731 31 Steaman Group LLC 505 N Arrowhead Ave 73105 0135 091 70 $2,802 $2,652 1 14051 Paramount Blvd Ste C Paramount CA 90723 32 Echo Realty LLC 715 N Arrowhead Ave 78434 0140 291 22 $594 $444 1 1012 Ginsberg Ct Riverside CA 92506 33 Jose Coronado/Bryan Ramirez 726 N Arrowhead Ave 78612 0140 282 53 $546 $396 1 PO Box 1623 Firestone Park CA 90001 34 Kuykendall Living Trust 864 N Arrowhead Ave 65286 0140 213 07 $490 $340 1 23638 Lyons Ave #157 Newhall CA 91321 35 West Pacific Enterprises LLC 928 N Arrowhead Ave 80528 0140 153 35 $360 $210 1 6492 Edinger Ave Huntington Beach CA 92647 36 JM Advance LLC 1131 Barton St 80506 0278 041 67 $606 $456 1 2220 Loveland Dr Jurupa Valley CA 92509 37 Eduardo Nicolas 243 E Base Line St 79916 0140 091 04 $1,005 $855 1 17130 Van Buren Blvd Ste 388 Riverside CA 92504 38 Ismael Guzman 1751 E Base Line St 69942 0278 101 35 $762 $612 1 1743 E Base Line St San Bernardino CA 92410 39 Alejandra Lopez-Pulido 1646 Cleveland St 61758 0139 273 23 $1,050 $900 1 242 N Tippecanoe Ave San Bernardino CA 92410 40 MSK Enerprises LLC 723 N D St 975906 0140 282 39 $366 $216 1 1207 E Juanita Ave Glendora CA 91740 41 Est of Valentin-Torres 805 N D St 80404 0140 212 26 $1,050 $900 1 12633 Browning Colton CA 92324 42 Antonino Guzman & Maria Roque 999 N E St 61184 0140 151 35 $990 $840 1 457 W 10th St San Bernardino CA 92410
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Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
43 Westar Painting Company INC 639 N F St 80251 0134 023 01 $774 $624 1 12223 Highland Ave Ste 106-769 Etiwanda CA 91739 44 Imelda & Gustavo Gonzalez AB IR Liv Tr 1090 N F St 61101 0140 032 09 $378 $228 1 1235 Pumalo St San Bernardino CA 92404 45 Jurupa Valley Properties LLC 596 N G St 80539 0134 053 27 $1,270 $1,120 1 12009 Longacre Ave Granada Hills CA 91344 46 Ever Diaz/Jesus Jimenez 639 N H St 73865 0134 013 04 $366 $216 1 639 N H St San Bernardino CA 92410 47 Ramona Parks 860 N H St 78237 0140 191 19 $510 $360 1 16551 Escalon Dr Fontana CA 92336 48 Albert Barragan & Monica Renteria 668 Harris St 60829 0138 071 08 $546 $396 1 2454 W 1st Ave San Bernardino CA 92407 49 Brian Davila LTD LLC 210 N J St 78267 0138 272 20 $720 $570 1 2577 Birch Hollow St Henderson NV 89044 50 Luis Mancila 839 N K St 78529 0139 252 03 $570 $420 1 10114 Lanett Ave Whittier CA 90605 51 Robert Martinez Trust 225 E Kingman St 42714 0135 142 06 $354 $204 1 221 E Kingman St San Bernardino CA 92410 52 Thelma Simmons 609 Madison St 78367 0138 022 01 $720 $570 1 1038 Oakwater St Torrance CA 90502 53 Robert & Frances Martinez/Est of Isidora Tran 626 Madison St 60405 0138 021 15 $450 $300 1 715 Black Oak Cir Corona CA 92881 54 Mary Evelyn Duran Rev Liv Tr 1024 Main St 43216 0138 272 16 $598 $448 1 16742 Ramona Ave Fontana CA 92336 55 Gonzalez Family Revocable Trust 1115 N Mayfield Ave 78290 0140 064 16 $522 $372 1 1229 Ameluxen Ave Hacienda Heights CA 91745 56 Exclusive Financial Group 674 N Mount Vernon Ave 77298 0138 042 16 $594 $444 1 13265 Catalpa St Etiwanda CA 91739 57 Kuykendall Living Trust 706 N Mountain View Ave 65549 0140 292 12 $422 $272 1 23638 Lyons Ave #157 Newhall CA 91321 58 My Home Enterprise INC 1001 N Mountain View Ave 80517 0140 104 18 $330 $180 1 11661 Sayward Cir Riverside CA 92503 59 John Dandurand 1086 Myrtle Dr 932450 0147 181 13 $546 $396 1 PO Box 160 Moreno Valley CA 92556 60 Otilia Velasquez 1148 Myrtle Dr 79284 0147 181 06 $786 $636 1 10535 Foothill Blvd Ste 274 Rancho Cucamonga CA 91730 61 Carlos Gonzalez 967 W Olive St 77248 0139 132 05 $1,038 $888 1 967 W Olive St Unit 1 San Bernardino CA 92411 62 Brad & Joshua Zimmerman 157 W Orange St 49852 0140 074 04 $450 $300 1 260 N Lyon Ave Spc 47 Hemet CA 92543 63 Markeith & Anissa Smith 290 E Orange St 77458 0140 091 16 $606 $456 1 24097 Old Country Rd Moreno Valley CA 92557 64 Santos Bugarin 1057 N Pershing Ave 76530 0140 102 18 $438 $288 1 744 Glengrove Ave Glendora CA 91740 65 Tony Jimenez Jr Trust 631 E Rialto Ave 70975 0279 261 12 $510 $360 1 3872 10th St Riverside CA 92501 66 Raul Vanegas 1088 E Rialto Ave 69609 0279 311 34 $590 $444 1 1088 E Rialto Ave San Bernardino CA 92408 67 Alma Sanchez 528 Roberds Ave 51790 0138 104 12 $570 $420 1 4504 Woodmar Dr City of Industry CA 90601 68 1159 N Sierra Way Trust 1159 N Sierra Way 60211 0140 081 24 $546 $396 1 1159 N Sierra Way San Bernardino CA 92410 69 Javier Garcia 947 Spruce St 75976 0138 142 08 $822 $672 1 6226 Washington Ave City of Industry CA 90601 70 Sam Petrusan 1119 Spruce st 60841 0138 124 12 $393 $243 1 14620 Lakewood Blvd Bellflower CA 90706 71 Zab LLC 1125 Spruce St 78238 0138 124 11 $762 $612 1 16502 Walnut St Ste C Hesperia CA 92434 72 Brian Davila LTD LLC 164 E Temple St 78673 0140 171 32 $510 $360 1 2577 Birch Hollow St Henderson NV 89044 73 Sonia Jamies 1025 N Tippecanoe Ave 73680 0278 072 46 $618 $468 1 PO Box 41253 Eagle Rock CA 90041 74 Rolando Aguiano Jr 1025 N Tippecanoe Ave Unit 77889 0278 073 47 $1,038 $888 1 1025 N Tippecanoe Ave Unit 251 San Bernardino CA 92410 75 Carolina Ramirez/Martin Jacinto 404 N Waterman Ave 947759 0135 144 13 $354 $204 1 3420 Broadmoor Blvd San Bernardino CA 92404 76 El Bajio Investments LLC 168 W 13th St 77082 0146 193 20 $786 $636 2 168 W 13th St San Bernardino CA 92405 77 Juan L Rent LLC 238 W 13th St 78293 0146 192 14 $546 $396 2 817 S Taylor Ave Apt D Montebello CA 90640 78 Scott Marquez Sep Pr Rev Tr 481 W 14th St 929422 0145 211 14 $354 $204 2 2114 Aralia St Newport Beach CA 92660 79 JG Davalos Family Trust 575 W 14th St 67729 0145 202 11 $558 $408 2 9430 Columbine Ave Montclair CA 91763 80 Leticia Oliver 161 E 16th St 63109 0146 142 08 $690 $540 2 3667 Valley Blvd Spc 75 Pomona CA 91768 81 Eduardo Ramirez 672 W 16th St 80471 0145 121 08 $838 $688 2 1260 Constora Way Norco CA 92860 82 Scott Marquez Sep Pr Rev Tr 334 E 17th St 928906 0147 041 24 $366 $216 2 2114 Aralia St Newport Beach CA 92660 83 Joseph Le/Hoa Zuan Dinh 2242 E 17th St 974330 1191 081 03 $534 $384 2 2285 Monteclaro Dr Chino Hills CA 91709 84 Jose Cineros 101 E 18th St 77169 0146 082 09 $480 $330 2 1095 Loma Vista St Pomona CA 91768
Packet Page. 48
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
85 Audrey Gonzalez 431 W 20th St 74472 0145 061 28 $850 $700 2 596 E 28th St San Bernardino CA 92404 86 Dagmel Residential Properties LLC 832 W 20th St 938245 0145 012 15 $618 $468 2 405 S Parish Pl Burbank CA 91506 87 Dagmel Residential Properties LLC 855 W 20th St 8869 0145 041 05 $618 $468 2 405 S Parish Pl Burbank CA 91506 88 Starlight Management-17 LTD 555 W 21st St 905184 0145 054 08 $1,030 $880 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 89 Anna & Hector Ruiz 740 W 21st St 78685 0145 013 05 $582 $432 2 740 W 21st St San Bernardino CA 92405 90 768 W 13th Street Trust 768 W 13th St 76898 0145 173 17 $252 $102 2 7211 Haven Ave Ste E444 Alta Loma CA 91701 91 Juan Murillo 2166 E Amanda St 941219 1191 161 67 $750 $600 2 25820 26th St San Bernardino CA 92404 92 Group XIV Properties LP 1351 N Arrowhead Ave 900912 0146 191 20 $1,493 $1,343 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 93 Sa-An Kubeyinje 1931 N Arrowhead Ave 76965 0146 042 02 $582 $432 2 8033 W Sunset Blvd Ste 411 Los Angeles CA 90046 94 Cenland Associates LTD PTR 306 W Base Line St 28812 0145 244 19 $1,286 $1,136 2 PO Box 2440 Spokane WA 99210 95 GGF III LLC 324 W Base Line St 28364 0145 244 28 $1,995 $1,845 2 100 W Broadway Ste 950 Glendale CA 91210 96 Group V San Bernardino LP 1326 Belle St 970762 0146 212 26 $758 $608 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 97 Alicia De Torres 1503 Belle St 75114 0146 153 01 $570 $420 2 17833 Upland Ave Fontana CA 92335 98 Brad Dunn Family Trust 2139 Belle St 75364 0146 032 05 $618 $468 2 PO Box 825 Bridgeport CA 93517 99 Jesse Chacon Villagomez 1494 Blythe Ave 80146 1191 221 17 $354 $204 2 1494 Blythe Ave Highland CA 92346 100 Bernadette Stephenson 1232 Canyon Rd 905026 0273 181 13 $762 $612 2 995 E Green St #543 Pasadena CA 91106 101 Bricia Contreras/Jaime Franco 1394 Canyon Rd 78968 0273 171 08 $342 $192 2 1394 Canyon Rd San Bernardino CA 92404 102 Johnny & Arcelia Salazar 1303 Cedar St 49801 0273 181 30 $354 $204 2 14324 Marilla Ave Norwalk CA 90650 103 Erika Lepe 1255 N D St 80297 0145 243 03 $774 $624 2 14461 Light St Whittier CA 90604 104 Cesar Matias 1305 N D St 76963 0145 213 10 $534 $384 2 1305 N D St San Bernardino CA 92405 105 Gethin Williams 1500 N D St 69887 0145 142 28 $606 $456 2 1801 California St Ste 800 Denver CO 80202 106 Vanessa Bogariin 2923 Davidson Ave 79722 0148 264 02 $330 $180 2 2923 Davidson Ave San Bernardino CA 92405 107 Peter Perez 1588 N E St 78114 0145 124 27 $564 $396 2 8556 Nuevo Ave Fontana CA 92335 108 Carolina Ramirez/Martin Jacinto 1905 N E St 63285 0145 061 13 $354 $204 2 3420 Broadmoor Blvd San Bernardino CA 92404 109 DHA Opportunity 1 LP 578 W Evans St 936681 0145 124 07 $1,482 $1,332 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 110 DHA Opportunity 1 LP 1250 N F St 952622 0145 232 23 $1,095 $945 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 111 Starlight Mgmt 17 LP 1267 N G St 20292 0145 231 10 $1,488 $1,338 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 112 National Capital One Investments 1573 Genevieve St 80347 0146 133 18 $546 $396 2 PO Box 1377 Beverly Hills CA 90213 113 William Langton & Glenda Family Tr/David & K 1575 E Highland Ave 56473 0147 271 36 $1,482 $1,332 2 3155 Sedona Ct Ste A Ontario CA 91764 114 Novalk LLC 2210 E Highland Ave 76352 0285 176 12 $910 $760 2 2271 La Quilla Dr Chatsworth CA 91311 115 Sangeun Eun Lee DDS INC 2600 Highland Ave 73934 0285 742 16 $930 $780 2 25441 Huron St Loma Linda CA 92354 116 SBPODI LLC 1363 N Lugo Ave 936665 0146 202 10 $534 $384 2 592 E Base Line St San Bernardino CA 92410 117 Raul Fierro Jr 1450 N Lugo Ave 79658 0146 171 22 $378 $228 2 2380 Gregory Ln La Habra CA 90631 118 Harkush LLC 139 Magnolia Ave 74047 0146 163 07 $920 $770 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 119 Dorothy Villalobos 327 Magnolia Ave 960070 0145 183 22 $786 $636 2 1456 N Arrowhead Ave San Bernardino CA 92405 120 Eduardo Aguilar 427 Magnolia Ave 975138 0145 182 25 $450 $300 2 3030 N D St San Bernardino CA 92405 121 Rosa Diaz/Lamberto Arellano/Maricela Marqu1265 N Mountain View Ave 79103 0146 222 21 $522 $372 2 23535 Palomino Dr Ste 205 Diamond Bar CA 91765 122 Epifanio Carrero/Margarita Uribe 648 Niles St 66350 0147 171 13 $762 $612 2 1221 Zaragoza Ave Colton CA 92324 123 Gilbert Requejo 795 Niles St 61980 0147 174 10 $534 $384 2 795 Niles St San Bernardino CA 92404 124 David & Linda Pham 2350 Osbun Rd Unit 97 953019 0150 501 42 $606 $456 2 7204 Silverwood Dr Eastvalle CA 92880 125 Jesus Martinez 1526 N Pershing Ave 72131 0146 131 12 $594 $444 2 2160 Pepper Dr Highland CA 92346 126 Guadalupe & Noe Barrera 1897 N Pershing Ave 80243 0146 073 10 $594 $444 2 323 E Wisteria Pl Santa Ana CA 92701
Packet Page. 49
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
127 Porto Management INC 1471 Sepulveda Ave 941467 0146 173 10 $600 $450 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 128 Yesenia Parra 2249 Serrano Rd 79046 0148 222 06 $546 $396 2 2249 Serrano Rd #2 San Bernardino CA 92405 129 Rosalia & Jeronimo Maldonado 2788 Serrano Rd 78323 0148 101 02 $774 $624 2 2788 Serrano Rd San Bernardino CA 92405 130 Cyril Johnson 1395 N Sierra Way 955977 0146 201 13 $606 $456 2 1665 W Congress St San Bernardino CA 92410 131 SPSSM Ivestment III LP 2112 N Sierra Way 76386 0146 014 27 $1,000 $850 2 4900 Santa Anita Ave Ste 2C El Monte CA 91731 132 Geoge Ajrab 2194 Sunrise Ln 65812 1191 051 65 $366 $216 2 5044 La Jara Ct Lakewood CA 90712 133 Francisca & Henry Felix 546 E Trenton St 80232 0147 052 10 $1,065 $915 2 546 E Trenton St San Bernardino CA 92404 134 Manuel Reyes 798 W Trenton St 73486 0145 103 22 $450 $300 2 8081 Inspiration Dr Alta Loma CA 91701 135 Felicia Delacruz 548 W Virginia St 80354 0145 202 03 $1,026 $876 2 548 W Virginia St San Bernardino CA 92405 136 Benjamim & Yau Tak Wong 1259 Wall Ave 67373 0146 272 07 $976 $826 2 341 N Ellen Dr West Covina CA 91790 137 Casa Mama Antonia LLC 1275 Wall Ave 80525 0146 242 09 $865 $715 2 6834 Elmwood Rd San Bernardino CA 92404 138 Juan Perez/Altagracia Verugo 1292 Wall Ave 924950 0146 241 02 $618 $468 2 540 S Acacia Ave Rialto CA 92376 139 Pacific Forest LLC 1505 N Waterman Ave 77221 0147 062 33 $480 $330 2 1798 N Sierra Way San Bernardino CA 92405 140 Dignity Health 2101 N Waterman Ave 78420 0147 011 08 $762 $612 2 PO Box 5651 Bismarck ND 58506 141 AMF1278 LLC 723 S Allen St 78709 0136 401 19 $480 $330 3 273 Lipizzan Dr San Jacinto CA 92582 142 In Seok Jeon/Hae Yung Jeon 2748 Annapolis Cir 56362 0141 493 40 $618 $468 3 1041 Raynor St Colton CA 92324 143 Priscilla Pelot 1394 Aurora Ln 79260 0281 322 51 $1,074 $924 3 1559 Ledgestone Ln Pomona CA 91767 144 Casa Mama Antonia LLC 1190 W Belleview St 80519 0137 031 17 $480 $330 3 6834 Elmwood Rd San Bernardino CA 92404 145 Jeffrey Ordaz 1329 Birch St 40479 0137 122 04 $354 $204 3 2281 Mentone Blvd Mentone CA 92359 146 Perricom 3 LLC 247 S Boyd St 960033 0136 051 58 $1,117 $967 3 6621 E Pacific Coast Hwy Ste 280 Long Beach CA 90803 147 Marco Contreras 495 S Burney St 63135 0142 511 33 $342 $192 3 495 S Burney St Rialto CA 92376 148 Lang Van 2673 S Carl Pl 960135 0141 571 09 $534 $384 3 2673 S Carl Pl San Bernardino CA 92408 149 Frank & Griselda Garcia 1192 Chestnut St 60387 0137 171 29 $690 $540 3 1192 Chestnut St San Bernardino CA 92410 150 Sonia Solana 1195 Chestnut St 65265 0137 172 01 $980 $832 3 461 N Grand Ave Unit A Covina CA 91724 151 LAIS Equities LLC 1894 Commercenter W 910122 0141 412 41 $2,700 $2,550 3 21520 Yorba Linda Blvd Yorba Linda CA 92887 152 SPSSM Investments II LP 1063 W Congress St 929679 0137 081 17 $252 $102 3 4900 Santa Anita Ave Ste 2C El Monte CA 91731 153 Tippecanoe Holdings 1185 E Cooley Ave 911392 0281 041 28 $530 $380 3 647 N Hariton St Orange CA 92868 154 1425 Cooley Court CA LLC 1425 Cooley Ct 80405 0281 031 75 $2,694 $2,544 3 2 Gregory Ln Newtown SQ PA 19073 155 Donghong Deng 1405 E Davidson St 78820 0281 142 04 $510 $360 3 209 Avenida Melisenda San Dimas CA 91773 156 Elizabeth Sanchez 1560 E Davidson St 79053 0281 141 46 $534 $384 3 27948 Millar St Highland CA 92346 157 MK 711 Investment LLC 115 S E St 78098 0136 031 30 $644 $494 3 11037 Warner Ave Ste 173 Fountain Valley CA 92708 158 Ivan & Iva Vasilj Trust 995 S E St 78302 0136 481 05 $2,175 $2,025 3 15531 Arrow Hwy Irwindale CA 91706 159 HMC Properties LLC 1181 S E St 77761 0141 261 16 $1,440 $1,290 3 170 E Yorba Linda Blvd #153 Placentia CA 92870 160 Paul Rodriguez 1794 Elm Ave 76190 0281 261 58 $990 $840 3 941 W Alexander Ave San Bernardino CA 92405 161 Ngoc Do 204 E Ennis St 57910 0136 452 29 $522 $372 3 13811 Bewley St Garden Grove CA 92843 162 BZ Capital Investments LLC 2223 S Gardena St 78640 0283 032 12 $534 $384 3 3240 Mission Inn Ave Riverside CA 92507 163 BZ Capital Investments LLC 2255 S Gardena St 78639 0283 032 50 $522 $372 3 3240 Mission Inn Ave Riverside CA 92507 164 MPSN Holdings NO 1 LP 150 S Giovanola Ave 78249 0137 021 16 $550 $400 3 4900 Santa Anita Ave Ste 2C El Monte CA 91731 165 Ricardo Milian & Cornelia Betancourt 1464 Gould St 70899 0281 122 62 $858 $708 3 1464 Gould St San Bernardino CA 92408 166 Erika Sanchez 1580 Gould St 75259 0281 122 14 $870 $720 3 4111 South St Ste G Lakewood CA 90712 167 Paul Rivas Revocable Trust 1657 Hardt St 74455 0281 273 16 $774 $624 3 PO Box 2202 Orange CA 92859 168 KAA Properties LP 1056 Hope St 72549 0280 213 29 $522 $372 3 4900 Santa Anita Ave Ste 2C El Monte CA 91731
Packet Page. 50
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
169 Global Real Estate Investment Team 152 S K St 78248 0137 032 23 $600 $450 3 27714 Lacosse St Menifee CA 92584 170 Alexandru Petrusan/Silva Petrusan 1331 W King St 978224 0138 284 18 $480 $330 3 14620 Lakewood Blvd Bellflower CA 90706 171 Clark Winch 845 S Lassen Ave 63221 0142 671 65 $354 $204 3 218 Lonetree Irvine CA 92603 172 Lovepreet Singh/Sukhbir Reen 1407 E Laurelwood Dr 79748 0281 441 54 $306 $156 3 11056 Wilson Cv Loma Linda CA 92354 173 EC & GL Yanit Family Trust 1164 Lee St 57476 0281 151 70 $1,002 $852 3 2019 S 2nd St Alhambra CA 91803 174 SPSSM Investments-VI LP 235 Lenore Ave 944297 0137 063 09 $1,911 $1,761 3 4900 Santa Anita Ave Ste 2C El Monte CA 91731 175 Maryess Drive Trust 858 Maryess Dr 981393 0141 162 29 $930 $780 3 5198 Arlington Ave Ste 200 Riverside CA 92504 176 JDM San Bernardino Investments Prop 620 W Mill St 67628 0136 162 62 $1,020 $870 3 23101 Moulton Pkwy Ste 210 Laguna Hills CA 92653 177 JDM San Bernardino Investments Prop 640 W Mill St 67629 0136 162 61 $796 $646 3 23101 Moulton Pkwy Ste 210 Laguna Hills CA 92653 178 Multi-Unit Acquistion Group 823 E Mill St 80481 0280 081 02 $558 $408 3 10547 Lemoran Ave Downey CA 90241 179 Gyrges & Margarita Khodjassarian 132 N Mount Vernon Ave 62328 0138 284 13 $424 $274 3 18775 Alder St Riverside CA 92504 180 Heliodoro Moreno/Jaime Flores 348 S Mount Vernon Ave 7718 0137 122 07 $378 $228 3 6075 Anita Pl Riverside CA 92504 181 Azeroth 28 434 E Norman Rd 80289 0280 161 24 $594 $444 3 4900 Santa Anita Ave Ste 2C El Monte CA 91731 182 GWS#7 Development LLC 634 E Norman Rd 80529 0280 171 20 $798 $648 3 9800 Hillwood Pkwy Ste 300 Fort Worth TX 76177 183 Jose & Karina Portillo 1163 Oak St 75151 0137 171 08 $294 $144 3 1514 N Ash Ave Rialto CA 92376 184 Tahira Ali 1342 Oak St 80398 0137 123 13 $546 $396 3 1607 N Mountain Ave Ste 319 Upland CA 91784 185 Gabriel Sanchez & Reyes Rodriguez LV Tr 364 E Orange St 78686 0280 142 12 $546 $396 3 17285 Wood Rd Riverside CA 92508 186 Moshi & Marine Saleh 2865 Park Haven Dr 66894 0142 534 25 $606 $456 3 2865 Park Haven Dr Rialto CA 92376 187 Humberto Ayon/Daniel Corona 227 S Prospect Ave 80514 0137 064 06 $330 $180 3 2241 W Alwood St West Covina CA 91790 188 Martin & Maria Vargas 847 S Rexford St 56355 0142 632 19 $522 $372 3 774 S Dallas Ave San Bernardino CA 92410 189 Sau Yee Leung/John Leung 1259 W Rialto Ave 956515 0137 021 11 $1,098 $948 3 408 Pomelo Ave Apt A Monterey Park CA 91755 190 Jesus Garcia 1665 Richardson St 77508 0281 232 01 $416 $266 3 1665 Richardson St San Bernardino CA 92408 191 Juan Silva 2736 Salem Ct 77573 0141 501 17 $774 $624 3 1230 S Downey Rd Los Angeles CA 90023 192 Lisset Espinoza/ Jorge Claro 554 San Anselmo Ave 80467 0142 691 23 $1,098 $948 3 11417 Mistys Run Fort Worth TX 76244 193 Santa Fe DC LLC 879 E Santa Fe St 972696 0280 083 10 $542 $392 3 3240 Mission Inn Ave Riverside CA 92507 194 Arnold & Karen Petersen 2425 Sherwood Ln 64859 0141 511 21 $522 $372 3 9201 SE 132nd Ave Happy Valley OR 97086 195 Perricom 3 LLC 248 S Sierra Way 73938 0136 051 57 $1,064 $914 3 6621 E Pacific Coast Hwy Ste 280 Long Beach CA 90803 196 Plur Studios Qof SB 1 LLC 460 S Stoddard Ave 79303 0136 191 19 $450 $300 3 12502 Lantana Dr Rancho Cucamonga CA 91739 197 Guadalupe & Leopoldo Ruedas 825 S Sunnyside Ave 6739 0280 231 42 $618 $468 3 11337 Pepper Ln Beaumont CA 92223 198 Blue Jacket LLC 243 S Sutter St 80286 0142 571 48 $570 $420 3 1132 Ford Dr West Covina CA 91792 199 Fanrong Zeng/Pengran Wang 1439 Sycamore Ln 80375 0281 323 09 $990 $840 3 1439 Sycamore Ln San Bernardino CA 92408 200 Ariadne Ramirez/Alejandro Carrill 155 S Tamarisk Ave 77654 0142 242 05 $960 $810 3 2406 Spruce St San Bernardino CA 92410 201 Joaquin Zuniga 175 S Tamarisk Ave 77444 0142 242 03 $570 $420 3 175 S Tamarisk Ave Rialto CA 92376 202 Patriot Development Partners LLC 660 S Valley View Ave 78980 0280 043 07 $450 $300 3 116 Nob Ave Del Mar CA 92014 203 Tarigan Property LLC 1694 E Victora Ave 980261 0281 172 16 $960 $810 3 37072 Brutus Way Beaumont CA 92223 204 Veronica Castro/Norma Favela 1705 E Victoria Ave 47517 0281 201 21 $450 $300 3 1518 Curtis St Loma Linda CA 92354 205 Julio Villarreal/Maria Carrera 2872 W Walnut St 66922 0142 561 18 $1,098 $948 3 16196 Orange Ct Fontana CA 92335 206 Tran LLC 1955 S Waterman Ave 80533 0281 061 34 $720 $570 3 23285 Westwood St Grand Terrace CA 92313 207 Emanuel McMeans 3429 20th St 78862 1191 313 19 $510 $360 4 30489 Hollybrooke Murrieta CA 92563 208 Nabeeha Ali 3450 20th St 73022 1191 314 22 $294 $144 4 6511 Wilding Wimbledon Ct Klein TX 77379 209 Rohit Trikha 3507 20th St 963749 1191 312 14 $546 $396 4 2979 Crooked Branch Way San Jacinto CA 92582 210 Sandy Nguyen 3548 21st St 78409 1191 301 22 $590 $444 4 17602 17th Ste 102-218 Tustin CA 92780
Packet Page. 51
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
211 Vanessa Ramos 2637 28th St 76613 0285 492 09 $618 $468 4 2637 28th St Highland CA 92346 212 Mario & Hazel Lima 1107 E 35th St 80337 0153 334 01 $1,026 $876 4 5710 W Centinela Ave Apt 126 Los Angeles CA 90045 213 Carmen Castaneda 202 E 43rd St 960473 0154 231 18 $522 $372 4 5823 Green Pine Ct Etiwanda CA 91739 214 Clifford W. Noland Trust #4693 145 E 44th St 78913 0154 222 34 $960 $810 4 4900 Santa Anita Ave Ste 2C El Monte CA 91731 215 Kaelon Kroft 181 E 45th St 76881 0154 193 25 $378 $228 4 266 E Hill Dr San Bernardino CA 92404 216 Curtis & Mirna Johnson 260 E 46th St 78521 0154 184 20 $570 $420 4 3313 N Sierra Way San Bernardino CA 92405 217 Derrick Myers 259 E 49th St 75258 0154 126 03 $960 $810 4 2120 Sea Ridge Dr Long Beach CA 90755 218 Jesus Garcia Living Tr 475 W 49th St 75130 0154 402 23 $522 $372 4 13476 Oak Dell St Moreno Valley CA 92553 219 Julio Robles 4645 Acacia Ave 80216 0154 131 28 $1,050 $900 4 445 Skylark Dr San Bernardino CA 92405 220 Desiree Trujillo 5004 Acacia Ave 77554 0154 472 17 $558 $408 4 2924 Genevieve St San Bernardino CA 92405 221 Lidia Stevens 1415 E Alto Dr 75769 0155 081 06 $606 $456 4 7828 Boxwood Ct Highland CA 92346 222 Amber Pearson & Glenda Thorton 3140 Atlantic Ave 72330 1191 261 06 $558 $408 4 3140 Atlantic Ave Highland CA 92346 223 Anil Kumar 2265 Bradford Ave 78552 1199 161 44 $618 $468 4 3588 Highland Ave Highland CA 92346 224 Arthur Johnson 2265 Bradford Ave 46073 1199 161 57 $690 $540 4 940 Creek View Ln Loma Linda CA 92373 225 Est of Bianca Campos 3955 Camellia Dr 78823 0155 221 06 $366 $216 4 3277 Broadmoor Blvd San Bernardino CA 92404 226 Oscar Caldera 3698 Del Rey Dr 80451 0153 325 01 $534 $384 4 3698 Del Rey Dr San Bernardino CA 92404 227 Talmadge & Rose Thomason 3160 Del Rosa Ave 63272 0155 111 57 $522 $372 4 7787 W Sunset Blvd Los Angeles CA 90046 228 Monika Tyagi 3865 Del Rosa Ave 77853 0155 261 29 $450 $300 4 4142 Winged Foot Way Chino Hills CA 91709 229 Cobra 28 NO 2 LP 1197 Echo Dr 957046 0153 332 21 $342 $192 4 4900 Santa Anita Ave Ste 2C El Monte CA 91731 230 Daniel Flores 425 Edgerton Dr 978266 0271 513 12 $822 $672 4 425 Edgerton Dr San Bernardino CA 92405 231 Adrian De Leon 450 Edgerton Dr 978264 0271 512 02 $960 $810 4 450 Edgerton Dr San Bernardino CA 92405 232 Gary Kegeler 466 Edgerton Dr 80225 0271 512 03 $1,062 $912 4 1290 Nipomo Ave Los Osos CA 93402 233 Maria Flores 555 Edgerton Dr 978265 0271 513 03 $1,026 $876 4 555 Edgerton Dr San Bernardino CA 92405 234 Cecilia & Eduardo Batres 3868 Electric Ave 945646 0271 081 08 $350 $200 4 4579 W 156th St Lawndale CA 90260 235 Alejandro Juarez/Diana Jerez 3888 Electric Ave 79623 0271 081 14 $322 $172 4 16744 E Masline St Covina CA 91722 236 Sergio Ceja 1490 E Eureka St 981525 0155 093 15 $1,062 $912 4 23340 Cowie Ave Lake Matthews CA 92570 237 Mayra Rosas 3486 N Golden Ave 72293 0153 334 10 $1,074 $924 4 3486 N Golden Ave San Bernardino CA 92404 238 Cobra-28 NO 2 LP 3975 N H St 933531 0151 181 21 $920 $770 4 4900 Santa Anita Ave Ste 2C El Monte CA 91731 239 4010 East Highland Avenue LLC 4010 Highland Ave 66872 1199 671 05 $1,768 $1,618 4 822 S Robertson Blvd Ste 303 Los Angeles CA 90035 240 Pine Mountain Development LLC 2978 Los Feliz Dr 78551 0285 941 13 $358 $208 4 PO Box 156 Highland CA 92346 241 Liping Hu 1480 E Marshall Blvd 76269 0155 581 28 $366 $216 4 3945 Bresee Ave Baldwin Park CA 91706 242 Ronald Hicks 3939 Modesto Dr 40625 0155 202 08 $834 $684 4 1405 Blythe Ave Highland CA 92346 243 Estuardo & Gloria Ramirez 3440 Mountain Ave 67460 0155 421 03 $354 $204 4 1624 W 54th St Los Angeles CA 90062 244 Vanaita McWilliams Trust 3465 Mountain Ave 75634 0155 091 07 $450 $300 4 444 Berkshire Dr Danville VA 24541 245 Francisco Duenas 2163 Pepper Dr 70418 1191 282 40 $1,002 $852 4 3300 E San Angelo Ave Gilbert AZ 85234 246 Maria Zurita 2169 Pepper Dr 966162 1191 282 38 $534 $384 4 11961 Sandy Dr Anaheim CA 92804 247 Nicole Clark 4411 Quail Canyon Rd 80388 0155 011 04 $378 $228 4 1034 W 75th St Los Angeles CA 90044 248 Emanuel McMeans 3408 Rainbow Ln 79206 1191 313 31 $354 $204 4 30489 Hollybrooke Murrieta CA 92563 249 Rohit Trikha 3411 Rainbow Ln 72934 1191 316 04 $546 $396 4 2979 Crooked Branch Way San Jacinto CA 92582 250 Rohit Trikha 3450 Rainbow Ln 962171 1191 313 48 $546 $396 4 2979 Crooked Branch Way San Jacinto CA 92582 251 Syrissa Torres 3464 Rainbow Ln 77254 1191 313 53 $480 $330 4 1119 S Milliken Ave Ste E Ontario CA 91761 252 Rohit Trikha 3484 Rainbow Ln 963750 1191 312 33 $546 $396 4 2979 Crooked Branch Way San Jacinto CA 92582
Packet Page. 52
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
253 Luis Sierra 4697 Sepulveda Ave 78836 0154 182 01 $480 $330 4 4697 Sepulveda Ave San Bernardino CA 92404 254 David Rodriguez 5331 Sepulveda Ave 79246 0154 071 02 $522 $372 4 5375 Christy Way Banning CA 92220 255 Michael Byrd 705 Sequoia St 65662 0154 521 07 $522 $372 4 2805 Stephanie Ave San Bernardino CA 92407 256 Carmen Castaneda 3946 Severence Ave 64608 0271 051 16 $722 $570 4 5823 Green Pine Ct Etiwanda CA 91739 257 DY & G Investment LLC 4360 N Sierra Way 68969 0154 221 34 $1,074 $924 4 304 S Jones Blvd #738 Las Vegas NV 89107 258 Oliver Granados Trust 4667 N Stoddard Ave 75805 0154 142 04 $582 $432 4 763 Campus Way San Bernardino CA 92405 259 Carmen Castaneda 517 Acacia Way 60547 0152 012 59 $570 $420 5 5823 Green Pine Ct Etiwanda CA 91739 260 Matthew Orazco 4941 Alta Dr 74289 0266 332 04 $606 $456 5 4941 Alta Dr San Bernardino CA 92407 261 Dagmel Residential Properties LLC 5034 Alta Dr 68091 0266 332 53 $846 $696 5 405 S Parish Pl Burbank CA 91506 262 Albert Davila 5051 Auburn Ave 77974 0266 461 59 $354 $204 5 1364 Coronado St Upland CA 91786 263 Griselda Ortiz 1425 Breckenridge Ct 77625 0266 541 27 $594 $444 5 1425 Breckenridge Ct San Bernardino CA 92407 264 Barbon Family Trust/C Barbon Trust 4519 Brookfield St 69163 0266 621 16 $522 $372 5 3205 Cricklewood St Torrance CA 90505 265 Danilo & Gretchen Tubig 5607 Buckboard Dr 73145 0266 263 13 $390 $240 5 2658 Cincinnati St San Bernardino CA 92407 266 Sergio Villa Jr 842 Bussey St 78749 0151 122 06 $522 $372 5 842 Bussey St San Bernardino CA 92405 267 Raeshelle Smith 5025 Cambridge Ave 78192 0266 453 03 $762 $612 5 1704 Via Verde Dr Rialto CA 92377 268 Yuvina & Benjamin Jordan 5135 Cambridge Ave 73187 0266 453 14 $480 $330 5 1377 S Lilac Ave Ste 208 Bloomington CA 92316 269 Qing Du 1942 Chancellor Way 78799 0151 361 62 $480 $330 5 24 Concord Ave Apt 202 Cambridge MA 02138 270 Ivan Iles 1947 Chancellor Way 78214 0151 361 56 $750 $600 5 1142 S Diamond Bar Blvd Ste 867 Diamond Bar CA 91765 271 Dagmel Residential Properties LLC 2234 Cincinnati Ct 62651 0261 441 15 $618 $468 5 405 S Parish Pl Burbank CA 91506 272 Raquel O Barbon 4971 Citadel Ave 49405 0266 551 44 $606 $456 5 3205 Cricklewood St Torrance CA 90502 273 Brenda Jimenez 1400 W Edgehill Rd Apt 13 79095 0148 372 13 $534 $384 5 1400 W Edgehill Rd Apt 13 San Bernardino CA 92405 274 Robert & Zachary Depweg 1400 W Edgehill Rd Apt 22 80385 0148 382 22 $546 $396 5 1400 W Edgehill Rd Apt 22 San Bernardino CA 92405 275 Anthony Tello/Guadalupe Reyes 1440 W Edgehill Rd Apt 4 80285 0148 371 06 $534 $384 5 1440 W Edgehill Rd Apt 4 San Bernardino CA 92405 276 Hilda Santizo 1500 W Edgehill Rd Apt 45 70106 0148 362 45 $510 $360 5 1500 W Edgehill Rd Apt 45 San Bernardino CA 92405 277 Jageshar Trust 6595 Escena St 75005 0261 541 14 $846 $696 5 2353 Ohio St San Bernardino CA 92407 278 Rosa Meza 3680 N G St 78519 0151 172 08 $570 $420 5 808 Alta Vista Ave Corona CA 92882 279 Brenda Traugott 6005 Honeysuckle Ln 950949 0261 321 01 $1,050 $900 5 18236 Muriel Ave Devore Heights CA 92407 280 Isidra Clark 2584 Jeffrey Pine Ct 8197 0261 241 68 $822 $672 5 6397 Angels Peak Dr San Bernardino CA 92407 281 Peter Brown 6605 N Joshua Ln 66748 0261 671 52 $480 $330 5 1651 N Riverside Ave Apt 711 Rialto CA 92376 282 Kyung Choi 1265 Kendall Dr Apt 223 77497 0266 821 45 $480 $330 5 222 E G St Ontario CA 91764 283 Jenny Salinas-Alvarez 1460 Kendall Dr Unit 10 80508 0266 412 10 $558 $408 5 1460 Kendall Dr Unit 10 San Bernardino CA 92407 284 Northgate Equity Group 1460 Kendall Dr Unit 11 65342 0266 412 11 $450 $300 5 767 N Hill St Ste 102 Los Angeles CA 90012 285 Ching Pak 1460 Kendall Dr Unit 72 77627 0266 412 72 $582 $432 5 1460 Kendall Dr Unit 72 San Bernardino CA 92407 286 Raymond & Amparo Huerta 2524 Kendall Dr 56911 0261 221 13 $522 $372 5 4595 David Way San Bernardino CA 92404 287 Palm Kendall LLC 3205 Kendall Dr 80362 0261 191 14 $2,754 $2,604 5 9171 Wilshire Blvd Ste 500 Beverly Hills CA 90210 288 Dagmel Residential Properties LLC 1443 Lake Placid Dr 67439 0266 501 25 $690 $540 5 405 S Parish Pl Burbank CA 91506 289 Alexandra Sanchez 6052 Linda Ln 80497 0261 601 02 $1,050 $900 5 6052 Linda Ln San Bernardino CA 92407 290 SYGU LLC 1246 W Marshall Blvd 77455 0151 064 08 $542 $392 5 121 N State College Blve Ste 10B Anaheim CA 92806 291 Mark Hidalgo 1433 Morgan Rd 973743 0266 631 33 $570 $420 5 592 E Base Line St San Bernardino CA 92410 292 Michael Tran/Huong Dinh 1528 Morgan Rd 980477 0266 621 49 $960 $810 5 2427 Madrugada Dr Chino Hills CA 91709 293 Gregory Elliott/Natalie Dorado 6336 N Redwood St 78808 0261 281 53 $522 $372 5 6332 Hollyoak Dr Alta Loma CA 91701 294 Sarah & Oscar Godoy 6417 N Redwood St 80454 0261 581 42 $1,098 $948 5 6417 N Redwood St San Bernardino CA 92407
Packet Page. 53
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
295 Wilhelmina Bautista 6676 Ridgeline Ave 967004 0261 491 11 $522 $372 5 25474 Lane St Loma Linda CA 92354 296 Brad Dunn Family Trust 3042 Roberds Ave 75354 0148 313 07 $618 $468 5 PO Box 825 Bridgeport CA 93517 297 Damonde Finney/Doris Mays 6140 Robin Rd 74408 0261 321 75 $342 $192 5 3003 W 76th St Los Angeles CA 90043 298 Michael Tran/Huong Dinh 2594 Rosemary Ln 927014 0261 403 12 $960 $810 5 2427 Madrugada Dr Chino Hills CA 91709 299 Eric Lopez 3182 Rosemary Ln 956603 0261 501 08 $510 $360 5 3182 Rosemary Ln San Bernardino CA 92407 300 Arseni Samadzeyeu/Nelli Lipen 2665 Shadow Hill Dr Apt 54 80389 0261 371 61 $1,026 $876 5 2665 Shadow Hills Dr Apt 54 San Bernardino CA 92407 301 Ronald Hicks 1479 Sheridan Rd 8741 0266 172 06 $822 $672 5 1405 Blythe Ave Highland CA 92346 302 Dagmel Residential Properties LLC 4957 Vail Ln 68979 0266 332 34 $822 $672 5 405 S Parish Pl Burbank CA 91506 303 Jimmy & Monique Johnson Family Tr 5439 N Valles Dr 65659 0151 361 33 $546 $396 5 4909 Village Green Way San Bernardino CA 92407 304 Antoinette Tutt 5527 N Valles Dr 937410 0151 361 01 $618 $468 5 5527 N Valles Dr San Bernardino CA 92407 305 Tomas Llamas 4898 N Varsity Ave 77684 0266 391 43 $546 $396 5 10605 San Gabriel Ave South Gate CA 90280 306 Luis & Margarita Navarrete 6394 N Ventura Ave 55907 0261 431 30 $480 $330 5 2957 Briarwood Dr San Bernardino CA 92407 307 Athereane McLaughlin 4577 Western Creek Cir 78129 0265 351 49 $522 $372 5 4577 Western Creek Cir San Bernardino CA 92407 308 John & Christina McPherson 6275 Woodpine Ave 72421 0261 251 65 $1,002 $852 5 925 Greenwood Ave San Bernardino CA 92407 309 Jesus Peregrina 6877 N Zachary Ct 9450 0261 261 52 $290 $140 5 22685 Cascade Dr Canyon Lake CA 92587 310 Mingming Lai 1432 W 9th St 72058 0139 174 42 $558 $408 6 25461 Flamingo Rd San Bernardino CA 92410 311 Emmanuel Vasquez 1487 W 10th St 80478 0139 174 02 $480 $330 6 1487 W 10th St San Bernardino CA 92411 312 Raynard Wheeler/John Brooks 1545 W 11th St 65735 0139 161 42 $975 $825 6 1545 W 11th St Unit B San Bernardino CA 92411 313 Palbo Sanchez/Maria & Jose Sanchez 1595 W 11th St 80500 0139 045 25 $510 $360 6 2015 W Gilbert St San Bernardino CA 92411 314 Kenneth Morning 1456 W 14th St 58761 0143 123 19 $834 $684 6 25810 Avalon Ave San Bernardino CA 92404 315 Cuautlapan Revocable Liv Trust 1153 W 15th St 80414 0144 171 08 $1,002 $852 6 1153 W 15th St San Bernardino CA 92411 316 Hugo Flores 1433 W 16th St 80472 0143 101 27 $534 $384 6 1433 W 16th St San Bernardino CA 92411 317 Porfirio Duran Ray 1189 W 19th St 45468 0144 071 52 $306 $156 6 1189 W 19th St San Bernardino CA 92411 318 Victor Ramos 1545 W 20th St 76915 0143 033 33 $606 $456 6 1545 W 20th St San Bernardino CA 92411 319 Ignacio Baez/Liliana Bautista 1561 W 20th St 932566 0143 033 29 $1,026 $876 6 27215 Main St Highland CA 92346 320 Juan Vega-Lopez 1666 W 27th St 72078 0268 315 38 $774 $624 6 325 Cordova St Apt 101 Pasadena CA 91101 321 Est of Molline Izell Bailey/Delores & Bernard B1667 W 28th St 80422 0268 314 07 $960 $810 6 2042 Santa Fe Ave Long Beach CA 90810 322 Jose Hernandez 1766 W 28th St 9007 0268 412 19 $846 $696 6 2271 Portola St San Bernardino CA 92407 323 Luis Perez 1809 W 30th St 44172 0268 403 34 $582 $432 6 534 N A St Oxnard CA 93030 324 Anthony Rodriguez 4596 Bronson St 80206 0262 271 39 $570 $420 6 4596 Bronson St San Bernardino CA 92407 325 Amanda Czyszczon 4505 Carmelina St 80455 0262 261 40 $1,086 $936 6 14001 Champlain Ct Fontana CA 92336 326 Patricia Williams-Reed 1631 Clyde St 69850 0269 371 69 $762 $612 6 1631 Clyde St San Bernardino CA 92411 327 Jimmy Dang 4477 Cristy Ave 77592 0262 251 43 $750 $600 6 4477 Cristy Ave San Bernardino CA 92407 328 Juan & Carmen Gonzalez 831 N Dallas Ave 73478 0142 464 04 $720 $570 6 831 N Dallas Ave San Bernardino CA 92410 329 Martha Torres & Pedro 1725 Darby St 57428 0268 143 07 $774 $624 6 231 Drake Ave Beaumont CA 92223 330 Salvador Rivera Ramirez Living Trust 1376 Davidson Ave 79805 0144 201 07 $378 $228 6 1376 Davidson Ave San Bernardino CA 92411 331 Alejandra Diaz/Fidel Gonzalez 2495 Duffy St 80329 0143 352 04 $1,026 $876 6 9670 Central Ave Montclair CA 91763 332 Maria & Rafael Mendoza 3079 N Gardena St 80423 0268 132 04 $1,060 $912 6 PO Box 911 Colton CA 92324 333 Ramiro & Alma Rosa Jimenez Liv Tr 3093 N Gardena St 67394 0268 123 07 $534 $384 6 2376 Ogden St San Bernardino CA 92407 334 William Stuart 1387 Garner Ave 66436 0144 201 52 $582 $432 6 1397 Garner Ave San Bernardino CA 92411 335 Acquistions Plus INC 1536 Grand St 80513 0143 372 16 $480 $330 6 2212 E 18th St San Bernardino CA 92404 336 Rlf IV West LLC 2765 Lexington Way 80400 0266 362 26 $750 $600 6 201 West St Ste 200 Annapolis MD 21401
Packet Page. 54
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
337 Jacob Villagrana 2005 W Lincoln Ave 67341 0269 322 06 $522 $372 6 2005 W Lincoln Ave San Bernardino CA 92411 338 Arturo Cabrera 2234 W Lincoln Ave 77441 0269 031 33 $360 $210 6 PO Box 370691 Reseda CA 91337 339 Rita De Hernandez 948 Magnolia Ave 80242 0144 183 13 $558 $408 6 948 Magnolia Ave San Bernardino CA 92411 340 Joseph Le/Hoa Zuan Dinh 1342 Magnolia Ave 937527 0143 125 03 $582 $432 6 2548 Highridge Dr Chino Hills CA 91709 341 Patricia De Gomez/Christina Castro 1559 Magnolia Ave 80356 0143 113 08 $546 $396 6 1559 Magnolia Ave San Bernardino CA 92411 342 MR Living Trust 2557 Maple St 78226 0142 461 05 $450 $300 6 3283 Irvington Ave San Bernardino CA 92407 343 Star FT Property LLC 1085 Medical Center Dr 980950 0139 044 05 $1,038 $888 6 2135 N Timbergrove Rd Orange CA 92867 344 Jose & Genesis Acosta 535 N Mulberry Ave 920321 0142 502 22 $1,002 $852 6 868 E 5th St Ontario CA 91764 345 Cobra 28 NO 8 LP 1425 N Pennsylvania Ave 80333 0143 404 10 $378 $228 6 4900 Santa Anita Ave Ste 2C El Monte CA 91731 346 Cobra 28 NO 2 LP 1263 Perris St 927668 0144 231 35 $700 $550 6 4900 Santa Anita Ave Ste 2C El Monte CA 91731 347 Ricardo Castellon 1665 Porter St 69921 0268 315 05 $822 $672 6 1622 Hudson Ave San Bernardino CA 92404 348 Thomas Hernancez 1666 Porter ST 69962 0268 314 37 $798 $648 6 1666 Porter St San Bernardino CA 92407 349 Consolidated Real Estate INC Cre Inc 1156 Ramona Ave 80504 0139 052 16 $480 $330 6 12161 Napoli Dr Artesia CA 90703 350 Ismael Sanchez 1264 Reece St 79519 0144 192 08 $510 $360 6 2041 W 19th St San Bernardino CA 92411 351 Solis Grey 2783 Saint Elmo Dr 973742 0142 422 02 $570 $420 6 2734 Arches Ct Jurupa Valley CA 92509 352 Sodhi Family Trust 3015 Spruce St 55892 0142 505 08 $522 $372 6 PO Box 5285 Diamond Bar CA 91765 353 A & D Entertainment 1079 Tiajuana St 77233 0139 045 04 $690 $540 6 180 E Main St Ste 101 Tustin CA 92780 354 Juan Cuadros & Silvia Arellano 1135 Tiajuana St 58270 0139 052 03 $534 $384 6 1135 Tiajuana St San Bernardino CA 92411 355 Mayra Hernandez/Graciela De Hernandez 2471 Union St 78059 0269 381 19 $522 $327 6 11202 Madison Dr Atlanta GA 30346 356 National Capital One Investments 2447 Victoria St 80512 0142 332 14 $330 $180 6 PO Box 1377 Beverly Hills CA 90213 357 Mary & Percy Stamps 1551 W Virginia St 80475 0143 133 34 $990 $890 6 1551 Virginia St San Bernardino CA 92411 358 Ruby Donnell 1572 W Virginia St 80474 0143 132 18 $1,098 $948 6 1572 W Virginia St San Bernardino CA 92411 359 Luis Morales 848 W 23rd St 70246 0149 136 12 $618 $468 7 848 W 23rd St San Bernardino CA 92405 360 Fernando Luevano/Victor Sanchez 1007 W 23rd St 80341 0148 241 06 $546 $396 7 1007 W 23rd St San Bernardino CA 92405 361 Dagmel Residential Properties LLC 1031 W 23rd St 938240 0148 241 03 $834 $684 7 405 S Parish Pl Burbank CA 91506 362 Francisca & Jacqueline Couper 1173 E 23rd St 77845 0155 183 04 $450 $300 7 1173 E 23rd St San Bernardino CA 92404 363 Ronald Traboulsi/Yaely Zurita-Vargas 907 W 27th St 75022 0148 163 24 $522 $372 7 9651 Rosebay St Anaheim CA 92408 364 Cobra 28 NO 2 LP 1189 E 28th St 933540 0150 381 15 $390 $240 7 4900 Santa Anita Ave Ste 2C El Monte CA 91731 365 Dagmel Residential Properties LLC 515 E 40th St 61901 0154 394 06 $846 $696 7 405 S Parish Pl Burbank CA 91506 366 Qing Xi Li Living Trust 3245 Acacia Ave 947840 0152 132 18 $690 $540 7 4453 Delta Ave Rosemead CA 91770 367 Sam Shoucair 2959 N Alameda Ave 68359 0153 313 07 $690 $540 7 2959 N Alameda Ave San Bernardino CA 92404 368 Cecilia & Eduardo Batres 191 E Alexander Ave 945647 0150 142 17 $450 $300 7 4579 W 156th St Lawndale CA 90260 369 Jesus Caldera 213 E Alexander Ave 80351 0150 142 21 $990 $840 7 1375 Grapeseed Ln Beaumont CA 92223 370 Ruben Maegar/Becky Borger 2709 N Arrowhead Ave 74180 0150 121 02 $366 $216 7 1756 W 9th St Phillips Ranch CA 91766 371 Nivardo Fuentes 3587 N Arrowhead Ave 77714 0152 071 21 $582 $432 7 3587 N Arrowhead Ave San Bernardino CA 92405 372 Scott Marquez Sep Pr Rev Tr 2326 Belle St 61687 0150 271 36 $378 $228 7 2114 Aralia St Newport Beach CA 92660 373 Henry Zavala 3232 Broadmoor Blvd 80227 0153 101 03 $354 $204 7 3641 Valencia Ave San Bernardino CA 92404 374 Tina Nguyen/Khoa Ha 2742 Conejo Dr 80394 0272 111 26 $1,102 $952 7 2742 Conejo Dr San Bernardino CA 92404 375 Elieen Decoite 3656 N D St 80293 0152 022 41 $546 $396 7 9808 SVL Box Spg Valley Lk CA 92395 376 Zoila Maria Grande Trust 2823 N E St 905055 0149 081 15 $608 $468 7 1135 E Route 66 Ste 101 Glendora CA 91740 377 Andre Lathon 3539 N E St 69874 0152 061 12 $534 $384 7 310 N Indian Hill Blvd PMB 406 Claremont CA 91711 378 Christine & Justin Rothweiler 741 W Edgehill Rd 80221 0151 052 05 $990 $840 7 PO Box 299 Twin Peaks CA 92391
Packet Page. 55
Exhibit A
No Business Name Business Address
Account
Num. APN Amount Priort To Lien Ward Mailing Address Mailing Address Mailing
State Zip Code
379 Mario & Amelia Galicia 2892 N F St 70258 0149 083 29 $420 $270 7 664 W 29th St San Bernardino CA 92405 380 Joe Warf 3104 N F St 967810 0151 133 25 $810 $660 7 3104 N F St San Bernardino CA 92405 381 Est of Deborah Johnson 524 Fairmont Dr 78835 0154 331 13 $366 $216 7 524 Fairmont Dr San Bernardino CA 92404 382 JBSR LLC 2268 Genevieve St 78986 0150 211 31 $780 $630 7 1390 W 6th Ste 126 Corona CA 92882 383 Jose Acosta 2617 Genevieve St 77790 0150 221 54 $670 $520 7 868 E 5th St Ontario CA 91764 384 Anika INC 2720 Genevieve St 71012 0150 131 20 $590 $444 7 1889 Nixon Ave Placentia CA 92870 385 Kathryn Ann Donlin Living Trust 2922 Genevieve St 78187 0150 022 17 $534 $384 7 216 Newell St Walla Walla WA 99362 386 Brian Davila LTD LLC 2241 Harrison St 78494 0155 242 21 $582 $432 7 2577 Birch Hollow St Henderson NV 89044 387 Sidhu Group LLC 694 E Highland Ave 80402 0272 161 18 $534 $384 7 61380 29 Palms Hwy Joshua Tree CA 92252 388 Willy Jonathan Guzman Tr 2732 N I St 977891 0149 092 07 $522 $372 7 2033 W Martha Ln Santa Ana CA 92706 389 Joshua Merideth 2495 Lawrence Ave 79783 0150 332 21 $366 $216 7 9269 Utica Ave Ste 100 Rancho Cucamonga CA 91730 390 Martmiano Garcia/Enrique Martinez 2935 Loma Ave 80498 0155 161 04 $558 $408 7 2935 Loma Ave San Bernardino CA 92404 391 Connie Laurent 2719 N Lugo Ave 75641 0150 134 02 $570 $420 7 2719 N Lugo Ave San Bernardino CA 92404 392 3027 Lugo Av Trust 3027 N Lugo Ave 80379 0153 113 23 $510 $360 7 PO Box 1108 Loma Linda CA 92354 393 Iman Hanna Separate Prop Tr 3356 N Lugo Ave 70870 0153 071 36 $990 $840 7 2250 Calle Belicia San Dimas CA 91773 394 Stephanie Deza 3918 N Lugo Ave 79176 0154 463 08 $534 $384 7 45150 Via Vaquero Temecula CA 92590 395 Marianella Caesar Living Tr 3928 N Lugo Ave 79175 0154 463 09 $790 $640 7 45150 Via Vaquero Temecula CA 92590 396 Jalpa Revocable Living Trust 840 E Lynwood Dr 80299 0153 242 22 $570 $420 7 4940 Noble St Riverside CA 92503 397 Tenishia Thurmond 1111 E Mirada Rd 80350 0150 373 02 $1,086 $936 7 1111 E Miranda Rd San Bernardino CA 92404 398 Raed Odeh 2201 N Mountain View Ave 79114 0150 201 44 $366 $216 7 196 W Highland Ave San Bernardino CA 92405 399 Hugo Ceja Trust 3256 Parkside Dr 978572 0153 102 22 $366 $216 7 918 E Golden St Compton CA 90221 400 Tin Do/Thi Thach 3572 Parkside Dr 56942 0153 062 04 $558 $408 7 1365 Cindee Ln Colton CA 92324 401 Mercury Land & Development LP 3551 N Pershing Ave 9846 0152 072 18 $534 $384 7 15130 Elm St Hesperia CA 92345 402 Ryan Chiaverini 3647 N Pershing Ave 76528 0152 034 21 $930 $780 7 19069 Van Buren Blvd #114/115 Riverside CA 92508 403 Ramon & Rachael Flores 2385 Roxbury Dr 70831 0150 342 10 $606 $456 7 1730 W 19th St San Bernardino CA 92411 404 Ronald Price & Beatrice Spurlock Fam 3077 San Gabriel St 59502 0153 271 40 $342 $192 7 PO Box 487 Colton CA 92324 405 Jose Paredes 3335 Sepulveda Ave 80523 0153 082 09 $330 $180 7 3335 Sepulveda Ave San Bernardino CA 92404 406 Laurel Mitchell 3558 Sepulveda Ave 69217 0153 032 15 $474 $324 7 28250 Autumnglen Rd Highland CA 92346 407 Kenneth Graham 2905 N Sierra Way 78277 0150 024 01 $416 $266 7 2149 El Molino Ave Altadena CA 91001 408 Hilda Christo 3407 N Sierra Way 80429 0153 041 12 $1,060 $912 7 36815 Oak View Rd Oak Glen CA 92399 409 Todd Belvedere 243 Sonora Dr 20210 0154 451 33 $2,502 $2,352 7 PO Box 400 Eastvalle CA 91752 410 Quynh Nguyen 3232 N Stoddard Ave 78899 0152 133 09 $378 $228 7 8872 Acacia Ave Garden Grove CA 92841 411 Armando Fierro 3705 Valencia Ave 64771 0154 552 04 $522 $372 7 3705 Valencia Ave San Bernardino CA 92404 412 Jose Campos/Daniel Cuellar 3161 Windsor Dr 79125 0153 235 03 $846 $696 7 3161 Windsor Dr San Bernardino CA 92404
Packet Page. 56
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 3915694
Diane Grant
CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401
HRG - NOTICE OF HEARING
Diane Grant
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:
04/16/2025
04/16/2025
SAN BERNARDINO
!A000007090410!
Email
CI TY O F SA N BERN ARDINO -
NO TICE OF P UBLIC H EARI NG IS
HE RE BY GIV EN to the general
publ ic that on Wednes day May 7,
2025 at 5:00 PM the City of Sa n
Bernardino's City Council will
cond uct a P ublic Hearing at
Feldh eym Public Library, located at
555 W 6 th St, Sa n Be rnardino, CA
92410 regar ding Bu siness
Regi stration Liens. Information
regard ing accessing an d
participating will be pr ovided on the
City Co unc il Ag enda and pub lished
on the C ity of San Ber nardino's
websi te.
4/16/25
SBS -39 15694#
Packet Page. 57
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:
1. April 10, 2024 Special Meeting of the Mayor and City Council
2. October 24, 2024 Special Meeting of the Mayor and City Council Click or tap here to enter text.Click or tap here to enter text.
Click or tap here to enter text.
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Packet Page. 58
City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
For the
Special Meeting of the Mayor and City Council
of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority
WEDNESDAY, APRIL 10, 2024
2:00 PM
The Special Meeting was called to order at 2: 06 PM by Mayor Helen Tran on Wednesday, April 10, 2024, at Feldheym Central Library, San Bernardino, CA.
Call to Order
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Absent
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles A. Montoya City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
Packet Page. 59
Special Meeting Draft Minutes April 10, 2024
Mayor and City Council of the City of San Bernardino Page 2
2:00 P.M.
CLOSED SESSION PUBLIC COMMENT
There were no public comments for the closed session.
CLOSED SESSION
A. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant exposure to litigation (Pursuant to Government Code Section 54956.9(d)
(2)): Notice of Claim, Steve Carrigan, dated November 28, 2023, Claim No.
GHC0065668
B. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION (POTENTIAL INITIATION OF LITIGATION) Government Code Section 54956.9(d)(4) (One Case)
CLOSED SESSION REPORT
City Attorney Sonia Carvalho announced that by unanimous vote of the City Council.
The City Council directed that the matter of illegal disclosure of confidential and closed session information concerning the City Manager recruitment process be referred to the District Attorney’s Office and Civil Grand Jury. The City Council also voted 4 to 2, with Council Member Calvin and Council Member Alexander voting no, directed the City Manager to prepare for the next City Council agenda, the process for censure of Council Member Calvin.
INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplain Joseph Paul Lujan of Victory Outreach Church led the invocation, and Mayor Pro Tem Fred Shorett led the Pledge of Allegiance to the Flag.
At this time, Mayor Tran announced that the presentation would be heard first, followed by public comments.
DISCUSSION
1. Homeless Initiatives Update (All Wards
William Lampi, Senior Management Analyst gave the presentation.
Council Member Calvin arrived at the dais at 3:37 p.m.
Council Member Calvin asked, the timeframe on the beds available for the unsheltered.
City Manager Charles Montoya stated staff continues to look for locations that allow more than 30 days stay. The number of beds available will depend on the location.
At this time Mayor Tran acknowledged public comments needed to be heard before continuing the discussion.
Packet Page. 60
Special Meeting Draft Minutes April 10, 2024
Mayor and City Council of the City of San Bernardino Page 3
PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
Pastor Paul Jones asked to correct the Benjamin E Jones Community Resource Center's name and spoke about the mobile shower schedule.
Jim Mulvihill spoke o n the article from the LA Times regarding the state failing to track homeless funds.
Marvilla Guiles asked the Mayor and City Council to consider focusing on long term housing solution to help the unhoused.
Desiree Sanchez, Senior Public Advocate and Organizer with the American Civil Liberties Union of Southern California, spoke on the rights of the unhoused residents and suggested that the city should provide more resources to the community.
Georgia L. spoke on the homeless, the navigation center not being ready until July 2025, and creating a program to help mental health of the unhoused.
Christian Flores, Community Organizer with Inland Congregations United for Change, Just San Bernardino, and Inland Regional Housing Justice, spoke in support of the hotel voucher. He also commented on the article Former City Council Member Jim Mulvihill reference regarding the homeless funds and how the state should help unhoused solutions. Lastly, he spoke about the insurance companies not wanting to insure the older mobile homes.
Jim Penman spoke on the homeless program the city had years ago. The program helped the unhoused with the first and last month and security deposit. He also spoke on the court injunction and the city having something in place either in the municipal code or by resolution.
Junior Carrillo thanked the staff for the presentation and explained what the city can do regarding homelessness. He also spoke about his experience when a homeless person was removed from private property and was offered help, but she denied the help.
The Mayor and City Council continued to discuss Item No. 1.
Council Member Ibarra commented the homeless problem is not only in the City of San Bernardino, but this problem is also nationwide.
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Special Meeting Draft Minutes April 10, 2024
Mayor and City Council of the City of San Bernardino Page 4
SPECIAL MEETING Adjournment
The Special Meeting of the Mayor and City Council was adjourned on Wednesday, April 10 , 2024, at 4:42 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting on April 17, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed session will begin at 4:00 p.m. and the Open Session will begin at 5:00 p.m.
By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk
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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org
Draft Minutes
FOR THE
SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND
CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY
COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING
AUTHORITY
THURSDAY, OCTOBER 24, 2024
2:30 PM
Open Session was called to order at 2:45 PM by Mayor Helen Tran on Thursday, October 24, 2024, at Feldheym Central Library, San Bernardino, CA.
CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Absent
Helen Tran Mayor Present
Rochelle Clayton Acting City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Late 3:29 PM
Perla Lopez Deputy City Clerk Present
Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander
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Regular Meeting Draft Minutes October 24, 2024
Mayor and City Council of the City of San Bernardino Page 2 2:30 PM
INVOCATION AND PLEDGE OF ALLEGIANCE
Chaplain John Rodriguez from Victory Outreach Church led the Invocation and Council Member Ben Reynoso led the Pledge of Allegiance to the Flag.
PUBLIC COMMENTS FOR ITEMS LISTED ON THE ANGEDA
Glenn Elssmann with Mission Community spoke against modular housing and believes there are other alternatives that can be better long term for people and the city
Junior Carrillo asked to proceed with the proposal to help the city move forward and the unhoused find a home.
Steven Bielak thanked the Mayor and City Council for their efforts to move the city forward. He asked that the unallotted funds be used to support the Arts and Historical Commission.
Pastor Regional Young asked about the progress made on all the funding the city has received and the measures in place to use the funds.
DISCUSSION
1. Homeless Navigation Center Update (All wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Receive a presentation and update on the City of San Bernardino Homeless Navigation Center; and
2. Provide input to staff on the City’s operation plan of the homeless shelter.
Acting City Manager R ochelle Clayton and Lila from ERNA Enterprises gave the presentation.
There was a discussion with the Mayor and City Council on the updates of the Navigation Center and the services being offered to the homeless.
Council Member Sanchez discussed how the City Council had unanimously approved a non-congregate modular navigation center but noted that staff were now revising the operational plans. He raised questions that staff should be directing to the Council regarding the center's design and cost, including the cost per square foot for modular non-congregate construction compared to congregate models. He also revisited details of the center's operations originally approved two and a half years ago which included medical, cleaning, and psychiatric staff, along with a contract with Hope the Mission. Council Member Sanchez emphasized the need for the presentation to address operational costs, funding timelines, and the specifics of phase one versus future phases. It remained unclear whether the approved grants were contingent on Hope the Mission serving as the provider, or if the Council was considering an alternative operational model.
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Regular Meeting Draft Minutes October 24, 2024
Mayor and City Council of the City of San Bernardino Page 3 Acting City Manager Clayton responded the purpose of the workshop was to provide the City Council with a status update on the project, explaining the starting point, current progress, and reasons for the current situation. The goal was to gather input from the Council, as there is still time to make changes before final decisions are made.
Council Member Sanchez made the motion to direct staff to pursue hybrid congregate, which is 180 congregate semi -private units and the 20 non- congregate units with in-unit bathrooms. The motion was seconded by Mayor Pro Tem Shorett.
Council Member Kim Calvin asked staff to add more non- congregate units to the Navigation Center.
Acting City Manager Clayton stated that the RFP only included 20 non- congregate units. The RFP would need to be amended and with the deadline approaching the amendment might not be possible.
RESULT: DIRECTED STAFF TO PURSUE THE HYBRID UNIT DESIGN, 180 CONGREGATE SEMI -PRIVATE UNITS AND 20 NON-
CONGREGATE UNITS WITH IN-UNIT BATHROOMS [6-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Ibarra, Figueroa, Shorett, Reynoso, and Calvin NOES: None
ABSENT: Damon Alexander
Council Member Calvin suggested that staff examine the operational costs of Navigation Centers in surrounding cities, rather than relying solely on the provided data.
Council Member Sandra Ibarra left the dais at 4:45 PM.
Council Member Sanchez made a motion for a comprehensive report of all the grant funding by the second meeting in November. The motion was seconded by Mayor Pro Tem Shorett.
RESULT: DIRECTED STAFF TO PREPARE A COMPREHENSIVE REPORT
OF ALL GRANT FUNDING BY THE SECOND MEETING IN
NOVEMBER [5-0]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Fred Shorett, Council Member, Ward 4
AYES: Sanchez, Figueroa, Shorett, Reynoso, and Calvin
NOES: None
ABSENT: Sandra Ibarra and Damon Alexander
There was a five minute recess before Closed Session began.
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Regular Meeting Draft Minutes October 24, 2024
Mayor and City Council of the City of San Bernardino Page 4
4:00 P.M.
CLOSED SESSION PUBLIC COMMENT
There were no public comments for Closed Session.
The Mayor and City Council convened into closed session at 4:57 PM.
CLOSED SESSION
A) CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant to Government Code Section 54956.8)
i. Property: Carousel Mall Property, 43 acres (Including APNs:0134-181-28, 0134-201- 25, 0134-211-34, 0134- 211-36, 0134- 211-38, 0134-221-43, 0134- 221-45, 0134- 221- 27,-28,-29, 0134 -231-31, 0134- 291- 11, 0134-301-20, 0134-301-22)
Agency Negotiator: City Manager or Designee
Negotiating Parties: Enterprise District Development Group Under Negotiation: Price and Terms
ii. Property: 300 North E Street (Parcel Map 688, Parcel 12 Book 25 Page 47 Parcel Map 688 Parcel No. 12 formally known as City PTN Blk 12 and PTN 3rd St VAC) (APN: 0134-301-29)
City Negotiator: City Manager or Designee
Negotiating Parties: Enterprise District
Development Group Under Negotiations: Price and
Terms of Lease
CLOSED SESSION REPORT
City Attorney Sonia Carvalho reported that there was no reportable action.
ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Thursday, October 24, 2024, at 6:35 PM.
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, November 6, 2024, in the Council Chamber located at 555 West 6 th
Street, San Bernardino, California 92410 . Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.
By: Telicia Lopez
Telicia Lopez, CMC, Acting City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All
Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-279, imposing liens on certain real property located within the City San Bernardino for the costs of public nuisance abatements.
Executive Summary
Chapter 8 of the San Bernardino Municipal Code (SBMC) requires Council approval to lien unpaid costs associated with Code Enforcement abatement of hazardous conditions. This allows the City to recover unpaid costs of abatement upon the respective parcels of land as they are shown upon the last available assessment roll.
The unpaid bills represent a General Fund impact in the amount of $64,037.00 The City initiated abatement and securing of properties, followed up with proper billing provided to the owners and interested parties for costs incurred by the City. The billing notices also included the right to appeal said costs. Approval of the Resolution to lien the unpaid costs associated with these abatements is intended to recover the City costs paid for the abatement of the properties.
Background
On October 5, 2015, the Mayor and City Council adopted Ordinance MC-1418, which repealed San Bernardino Municipal Code Chapters 3.68 and 8.27 and amended Chapter 8.30. On September 18, 2019, the Mayor and City Council adopted Ordinance MC-1521, which made further revisions to SBMC Chapter 8.30. These changes have streamlined the process of abating public nuisances on properties and imposing liens to enable the City to recover costs for abating nuisances.
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Discussion
SBMC Municipal Code Section 8.30.050 requires adoption of a Resolution to assess unpaid costs of abatement as liens upon the respective parcels of land as they are shown the last available assessment roll.
All affected property owners identified on the Abatement Assessments list have been notified through regular and certified mail of the respective abatement costs per SBMC
8.30.023. Further, affected property owners were also issued a Notice of Summary Abatement with the option to schedule a hearing per SBMC 8.30.045 and have also been advised of their rights to appeal said costs within ten (10) days, or to pay the costs within 45 days of notice per SBMC Section 8.30.030, 8.30.040 and 8.30.041. To date, hearings have not been requested, and the costs are currently outstanding. As such, staff recommends adopting the Resolution to assess the unpaid costs of the nuisance abatements.
The total outstanding fees for Abatement Assessment, including warrant abatements, emergency abatements and demolitions, is $64,037.00. If property owners come forward to pay their costs prior to the council meeting, their properties will be removed from the list in Attachment 2.
2021-2025 Strategic Targets and Goals
The request to impose liens to recover costs for Code Enforcement abatements aligns with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. Imposing liens to resolve public nuisances would ensure the City receives revenue back into the Community Development & Housing Department and that the City continues to strive towards being clean and attractive.
Fiscal Impact
The anticipated amount to be collected is $64,037.00. The amount will be collected incrementally as individual properties are sold and/or liens are paid through the escrow process or entered as an assessment on the County tax roll.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-279, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.
Attachments
Attachment 1 Resolution No. 2025-279, Imposing Liens to Recover Costs for Code Enforcement
Attachment 2 Resolution No. 2025-279, Exhibit A
Attachment 3 Ordinance No. MC-1521
Ward:
All Wards
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Synopsis of Previous Council Actions:
October 5, 2015 Mayor and City Council adopted Ordinance MC-1418, repealing San Bernardino Municipal Code Chapters 3.68 and
8.27 and amended Chapter 8.30 of San Bernardino Municipal Code regarding Public Nuisance Abatement.
April 18, 2018 Mayor and City Council adopted Resolution 2018-106, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance.
August 1, 2018 Mayor and City Council adopted Resolution No. 2018-222, imposing liens on certain real property located within the City of San Bernardino for the cost of public nuisance
abatements.
September 18, 2019 Mayor and City Council adopted Ordinance MC-1521, Amending Chapters 2.45, 8.24, 8.30, 8.36, 9.92, 15.04, 15.05,
15.20, and 15.28 of the San Bernardino Municipal Code, and adding Chapter 9.94 of the San Bernardino Municipal Code, related to various Code Enforcement Procedures, including the City’s administrative hearing procedures and appeals procedures.
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Resolution No. 2025-279
Resolution No. 2025-279
May 7, 2025
6 8
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RESOLUTION NO. 2025-279
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
IMPOSING LIENS ON CERTAIN REAL PROPERTY
LOCATED WITHIN THE CITY OF SAN BERNARDINO
FOR THE COSTS OF PUBLIC NUISANCE ABATEMENTS
WHEREAS, the City of San Bernardino, pursuant to its authority under Chapter 8.30 of the San Bernardino Municipal Code, did lawfully cause public nuisances to be abated on the properties described in the Abatement Assessments List, a copy of which is attached hereto and incorporated herein as Exhibit A, in this Resolution; and WHEREAS, notice of the abatement costs were given to the owners of record of said properties, and any timely requested hearing has heretofore been held to hear protests of the costs of said abatement before the Administrative Hearing Officer, who determined the owner of record is responsible for the costs.
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. Said costs are found to have been incurred by the City pursuant to proceedings under the San Bernardino Municipal Code, and the final statement of costs on file with the City Clerk is hereby confirmed and adopted as special assessments against the properties lists in Exhibit A.
SECTION 3. Said sum shall become a lien on said property pursuant to San Bernardino Municipal Code 8.30.050 and shall be collected as a special assessment.
SECTION 4.The City Clerk is hereby directed to file a certified copy of this Resolution, including Exhibit A, showing such sums as remained unpaid, to the Recorder and the Auditor of the County of San Bernardino, State of California, directing that each sum be entered as a lien charged against the property as it appears on the current assessment rolls, to be collected at the said time and in the same manner, subject to the same penalties and interest upon delinquencies, as the general taxes for the City of San Bernardino are collected.
SECTION 5. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
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Resolution No. 2025-279
Resolution No. 2025-279
May 7, 2025
6 8
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SECTION 6.Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 7. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of May 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-279
Resolution No. 2025-279
May 7, 2025
6 8
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CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, Acting City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-279, adopted at a regular meeting held on the 7 th day of May 2025, by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of May 2025.
Telicia Lopez, Acting City Clerk
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EXHIBIT "A"
ABATEMENT ASSESSMENTS
ADDRESS OWNER DATE ABATED WARD COST
550 S E ST E STREET INVESTMENTS INC 10/23/24 3 $1,943.33 3083 GENEVIEVE ST HUTTO, RYAN / GRAY-HUTTO, NIKIA 10/24/24 7 $2,272.75 1923 N BELLE ST RAMIREZ, JOSE I - EST OF 05/31/24 2 $32,390.37 1875 DARBY ST BENNETT, FRANK H / THOMAS BESSIE 01/29/25 6 $5,967.24 1408 HIGHLAND AVE ORAM SB LLC 07/09/24 7 $2,367.35
2618 W FOOTHILL BLVD INVESTED 2 GAIN LLC 01/15/25 6 $2,978.50 808 N ARROWHEAD AVE CHARLENE SUN / RICHIES CONSULTING INC 02/21/2025 & 02/26/2025 1 $4,693.58 3016 N STODDARD AVE BARRIENTOS, SUSAN 03/04/25 7 $3,068.99 600 N ARROWHEAD AVE VISMAAD LLC 03/02/25 1 $1,478.90
387 S PERSHING AVE O K LLC 03/19/25 3 $2,400.79
115 S E ST MK 711 INVESTMENT LLC 03/19/25 3 $3,360.40
250 N G ST 250 N G STREET LLC 03/19/25 1 $1,114.80
Total: $64,037.00
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Ordinance No. MC - 1521
1 R 11RN- _._ LC/1Wf1X&[ offF• 3 il
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL
OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING CHAPTERS 2. 45, 8. 24, 8. 30, 8. 36, 9. 92, 15. 04,
15. 05, 15. 20, AND 15. 28 OF THE SAN BERNARDINO
MUNICIPAL CODE, AND ADDING CHAPTER 9. 94 OF
THE SAN BERNARDINO MUNICIPAL CODE, RELATED
TO VARIOUS CODE ENFORCEMENT PROCEDURES,
INCLUDING THE CITY' S ADMINISTRATIVE HEARING
PROCEDURES AND APPEALS PROCEDURES
WHEREAS, the City previously adopted Ordinance No. MC -1474, which established the Building and Accessibility Appeals Board and dissolved the Board of Building Commissioners, aspermitted by Health and Safety Code section 19957.5(a); and WHEREAS, this Ordinance amends Chapter 2.45 to dissolve the Building and Accessibility Appeals Board and establish the Building Appeals Board in order to comply with Health and Safety Code section 17920.5, easethe Board' s membership qualifications, and make reaching a quorum easier; and
WHEREAS, this Ordinance also amends Chapter 2.45 to clarify and elaborate on the procedures for appeals before the Building Appeals Board; and WHEREAS, Ordinance No. MC - 1474, when dissolving the Board of Building Commissioners, did not eliminate lateral references to that board elsewhere in the San Bernardino Municipal Code, and
WHEREAS, this Ordinance amends Chapters 8.24, 8.36, 8.69, 9. 92, 15. 04, 15. 20, 15. 26,
15.27, and 15.28, in part, to eliminate erroneous references to the defunct Board of Building Commissioners; and
WHEREAS, this Ordinance adds Chapter 9. 94 to the San Bernardino Municipal Code to create a uniform process for the handling of administrative hearings and appeals where such rights are granted in the San Bernardino Municipal Code; and WHEREAS, this Ordinance amends the appeal procedures in Chapters 8.24, 8.30, 8.36,
9.92, 15.04, 15.05, 15.20, and 15.28 of the San Bernardino Municipal Code to clarify hearing and appeal procedures and to refer hearings and appeals to the appropriate body, whether that be theBuilding AppealsBoardunderChapter2.45or ahearingofficer underChapter9.94; and WHEREAS, this Ordinance amends the San Bernardino Municipal Code and assigns appeals to be heard by the Building Appeals Board consistent with the right granted under California Building Code section 1.8.8.3; and
WHEREAS, this Ordinance amends the San Bernardino Municipal Code to refer all other hearings and appeals to Chapter 9. 94 of the San Bernardino Municipal Code; and 1 of 32 —
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Ordinance No. MC - 1521
WHEREAS, this Ordinance amends Section 8.24. 100" of Chapter 8. 24, Solid Waste Collection, Removal, Disposal, Processing and Recycling, to specify the appealable acts of the City Managerandprovidefor appealsto ahearingofficerundernewChapter9.94; and WHEREAS, this Ordinance amends Chapter 8. 30, Public Nuisances, to clarify the procedures for summary abatement and demolition procedures, including providing notice to propertyowners, recoveryof abatementcosts, andproceduresfor hearingsandappeals; and WHEREAS, this Ordinance amends Chapter 8.36, Abandoned Vehicles, to clarify the notice to be provided before abatement of a vehicle, eliminate the unique hearing procedures therein, and insteadprovide for appealsto a hearing officer under Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 9.92, Administrative Citation Process, to authorizethe City to collect- delinquent administrativecitation fines via any legal means, eliminate collection of delinquent administrative citation fines via liens, and eliminate the second tier of administrative appeal before an appellant may seek judicial review of an administrative citation; and
WHEREAS, this Ordinance amends Chapter 15.04, Building Codes, to adopt all parts of the California Building StandardsCode, to eliminate adoptions of other unnecessaryuniform codes, and to eliminate an erroneousreference to an impermissible method to calculate fees for building permits; and
WHEREAS, this Ordinance amends Chapter 15.05, Property Maintenance Code, to correct a referenceto the current edition of the International Property Maintenance Code; and WHEREAS, this Ordinance amends Chapter 15.20, Certificate of Occupancy, to provide for appealsto ahearing officer under new Chapter 9.94; and WHEREAS, this Ordinance amends Chapter 15.28, Dangerous Buildings, which amends the 1997 Uniform Code for the Abatement of Dangerous Buildings adoptedby reference in the San Bernardino Municipal Code, to authorize the Code Enforcement Division to exercise the authoritygrantedto thebuilding official, to clarify theauthorityof thebuilding official to secure buildingsorderedvacated, to clarify theright to appealordersunderthis code, andto clarify the City' sauthorityto recovercostsof abatementsdoneunderthis code; and WHEREAS, this Ordinance amends various tables of contents, the numbering of certain sections, section titles, and substantive provisions in order to correct errors, clarify meaning, and asotherwise required accordingto the foregoing amendments; and WHEREAS, all other legal prerequisites to the adoption of this Ordinance have occurred.
NOW, THEREFORE, THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA DO ORDAIN AS FOLLOWS:
SECTION 1. The aboverecitals aretrue and correct and are incorporated herein by this reference.
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Ordinance No. MC - 1521
SECTION 2. Chapter2.45 of Title 2 of the SanBernardino Municipal Code is hereby amended to state in full as follows:
44 Chapter 2. 45
BUILDING APPEALS BOARD
Sections:
2. 45. 010 Members
2. 45. 020 Reserved]
2. 45. 030 Duties
2. 45. 040 Review of the Board' s Decision
2. 45. 050 Oath of Office
2. 45. 060 Chair - Meetings
2. 45. 070 Quorum
2. 45. 080 Hearing Procedures
2. 45. 010 Members - Appointment
The Building Appeals Board shall be comprised of the members of the San Bernardino PlanningCommission, asdefinedin Section2.22.010of thisCode. Membersshallbeappointed on abasisof knowledgein the applicablebuilding codes, regulations, andordinancesof theCity, and must be qualified by training and experienceto passon matterspertainingto building construction.
2. 45. 020 [ Reserved]
2. 45. 030 Duties
Pursuant to Section 1.8.8 of the California Building Code, the Board shall have the duty to consider appeals of orders, decisions, and determinations of the City of San Bernardino BuildingOfficialrelatingto thebuildingstandardsof theCaliforniaBuildingStandardsCode.
The Board is authorized to establishpolicies andproceduresnecessaryto carry out its duties.
2. 45. 040 Review of the Board' s Decision
The decisionof the Board may be appealedto the City Council in accordancewith Chapter2.64 of this Code. TheCity Council'sdecisiononanappealfrom theBoard's decisionis final andbinding. Pursuantto Codeof Civil ProcedureSection1094.5 and1094.6, anyactionto reviewadecisionof theCityCouncilshallbecommencednotlaterthantheninetieth (90th) day after the datethe City Council' s order is adopted.
2. 45. 050 Oath of Office
Prior to undertaking his or her duties as a member of the Board, the member shall subscribe and file his or her official oath of office with the City Clerk. 3 of32—
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Ordinance No. MC - 1521
2. 45. 060 Chair - Meetings
A. The Chairpersonof the Board shall be the Chairpersonof the Planning Commission, or his or her designee. The Board shall meet only as required to consider an appeal within its jurisdiction.
B. The Board shall meet at such times and dates, and in such places, as shall be designatedby the Chairperson of the Board.
C. Meetings of the Board shall be open to the public and shall be governedby the provisions of the Ralph M. Brown Act, Sections 54950.5, et seq., California Government Code, except as otherwise provided by law.
D. A member shall not hear an appeal in which that member has a personal, professional, or financial interest.
2. 45. 070 Quorum
Any five membersin attendanceat any meeting shall constitute a quorum.
2. 45. 080 Hearing Procedures
A. The Board shall meet upon notice from the chairperson.
B. The appellant, the appellant's representative, the Building Official, the Building Official' s representative, andanypersonwhoseinterestsareaffectedshallbe given anopportunityto be heard.
C. The Board shall adopt and make available to the public proceduresunder which a hearing will be conducted. The procedures shall not require compliance with strict rules of evidence, but shall mandatethat only relevant information be received.
D. A quorum of the Board shall hear an appeal.
E. TheBoardmaymodify or reversethe decisionof the Building Official by a concurringvote of amajority of its members. Theauthorityof theBoardto rendera decisionis limited to the scopeof authorityof theBuilding Official in thefirst instance. TheBoardhasno authorityto waive a requirement of the California Building StandardsCode.
F. The Board must issue a written decision with findings within a reasonably prompt time after filing of the appeal.
SECTION 3. Subdivision H of Section 8.24. 100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):
8. 24. 100 Construction and Demolition Debris Recycling Program 4of32—
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Ordinance No. MC - 1521
H. Appeal.
Any appellant aggrievedby the decision of the City Manager relating to a Security Deposit under Section 8.24.100(D) or Section 8.24.100(E) may appealthe decision to the hearing officer in the manner provided in Chapter 9. 94 of this Code.
SECTION 4. Various Sections of Chapter 8. 30 of the San Bernardino Municipal Code areherebyamendedto stateasfollows (omittedprovisionsnot amendedrepresentedby ellipses I...)):
rG
Chapter 8. 30
PUBLIC NUISANCES
Sections:
830. 010 Purpose
8. 30. 015 Definitions
8. 30. 020 Declaration of nuisances
830. 021 Summary/ Emergency Abatement
8. 30. 022 Summary/ Emergency Abatement Post -Abatement Hearing
8. 30. 023 Method of giving notice
8. 30. 025 Determination of nuisance
8. 30. 026 Additional Requirements for Demolition of Buildings or Structures 830. 030 Appeal
8. 30. 035 Time limit for compliance
8. 30. 040 Abatement by City
8. 30. 041 Invoice of abatement costs
8. 30. 042 Recoveryof attorneys' feesand report of attorneys' fees 830. 043 Treble damages
8. 30. 045 Hearing on nuisance abatement costs
830. 050 Council action
8. 30. 055 Imposition of special assessment lien and notice
8. 30. 056 Recording of nuisance abatement lien
8. 30. 060 Collection of costs and attorney' s fees prior to hearing
8. 30. 065 Alternative remedies
8. 30. 070 Violation - Penalty
8. 30. 015 Definitions
For the purpose of this Chapterthe following words and phrasesshall have the meanings given herein:
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Ordinance No. MC - 1521
c) " Administrative Hearing Officer" or " Hearing Officer" shall mean any individual appointedby the City Managerof the City of SanBernardino, or his/her designee, to hearthe appeal under this Chapter..
h) " Code Enforcement Director" shall mean the Chief of Police for the City of San Bernardino, or his or her designee.
8. 30. 021 Summary/ Emergency Abatement
Notwithstanding any other provision of this Chapter with reference to the abatementof public nuisance, the Code Enforcement Director, Fire Chief, Chief of Police, City Engineer, Director of Public Works, Building Official, or their designees, shall have the authority to immediatelycausethe abatementof any public nuisanceif it is determinedthat the nuisance presentsan immediate threat to public health or safety, or an imminent hazard to real or personal property, in their sole discretion. Any such abatementactivity may be conductedwithout observanceof any noticerequirementsdescribedin this chapter. The City is entitledto recover all abatementcostsincurred in the abatementof an imminent threat or hazard as set forth in this chapter.
8. 30. 022 Summary/EmergencyAbatementPost -AbatementHearing A. Within 10 business days, or as soon as reasonably possible under the circumstances, following any summaryabatementactionby the City to abatean immediatethreatto public healthor safety, or imminenthazardto real or personalproperty, the City mustprovidethe ownerandanyotherresponsiblepersonwith a "Noticeof SummaryAbatement." B. TheNotice of SummaryAbatementshallbe servedin accordancewith Section8.30.023 of this Chapter and contain the following information:
1) A brief description of the condition and reasonswhy it constituted an imminent threat or hazard;
2) A brief descriptionof thelaw prohibitingorpertainingto theimminentthreator hazard; 3) A brief descriptionof the actionsthe City took to abatethe imminentthreator hazard; and
4) An itemized invoice identifying all nuisance abatement costs related to the summary abatement. Theinvoiceshallfurtherindicatethatanyunpaidamountsmaybecomea lien and special assessment against the property.
C. TheCity'sdeterminationthatapublicnuisanceconstitutedanimminentthreatorhazardmay be appealedasset forth in Section 8.30.030. The invoice of abatementcostsmay be appealed assetforth in Section8.30.045. Any partyto whomaninvoicehasbeenissuedshallhave45 calendar days from the date of the invoice to remit full payment of the invoice to the City. If the owner or other responsible person fails to make timely, full payment of the abatement costs within 45 days of issuanceof the Notice of Summary Abatement or as ordered by the hearingofficerafteranyappeal, theCitymaythenproceedto collectits abatementcostsin anymannerallowedby law, includingassetforth in Section8.30.055. 6of32—
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D. Omissionof anyof the foregoingprovisionsin aNotice of SummaryAbatement, whetherin whole or in part, or the failure of an owner or responsible person to receive this document, does not render it defective or render any proceeding or action pursuant to this chapter invalid.
E. Thedecisionof theHearingOfficer on thedeterminationof nuisanceis final. Any appealof the Hearing Officer' s decision shall be governed by California Code of Civil Procedure Section 1094.6 or suchsection asmay be amendedfrom time to time.
8. 30. 026 Additional Requirements for Demolition of Buildings or Structures A. Whenever the Code Enforcement Director, or designee, intends to abatea public nuisanceby demolition of a building or structure, the City must comply with the following additional requirements:
1) The Notice to Abate must contain a statement that the City intends to abate the nuisance with City personnelor contractorsby demolitionof abuilding or structureif thenuisance conditions are not repaired, rehabilitated, removed, terminated, or demolished within the compliance deadline set forth in the Notice to Abate.
2) TheCity shallservetheNoticeto Abateon all securedlienholdersof recordwith the San Bernardino County Recorder' s Office;
3) Entry onto any real propertyto abatea public nuisanceby demolition of a building or structure must be pursuant to a warrant or other order issued by a court of competent jurisdiction
B. The provisions of this section do not apply in cases involving summary or emergency abatement under Section 8.30. 021 of this Code.
8. 30. 030 Appeal
A. Within tendaysfrom thedateof giving noticeto abate, theviolatormay file anappealto the determination of the nuisance with the City Clerk. Such appeal shall be in writing and shall identify the property subjectto the Notice to Abate. The City Clerk shall then causethe matterto be setfor hearingbeforea HearingOfficercontractedby the City to hearsuch matters.
B. Notice of the dateof hearingshallbe givenin writing. The dateof the hearingshallbe no sooner than fifteen days from the date when notice of the hearing is given to the appellant and to the Code Enforcement Division.
C. At the time fixed in the notice, the Administrative Hearing Officer shall hear the testimony of all competentpersonsdesiring to testify respectingthe condition constituting the nuisance.
D. At the conclusionof the hearing, the Hearing Officer shall determinewhether or not a nuisanceexists, and if the Hearing Officer so concludes, he may declarethe conditions existingto bea nuisanceanddirectthepersonowningthepropertyuponwhich thenuisance exists to abate it within ten days after the date of posting on the premises a notice of the HearingOfficer'sorder. TheHearingOfficermayamendtimeto abatethenuisance, if in his or her opinion, there exists good cause for the amendment of time to abate. If the City is the 7of32—
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prevailing party, the Hearing Officer' s decision shall order the responsible parties to pay the confirmednuisanceabatementcoststo the City within 30 calendardays, andshall specify thatanyconfirmednuisanceabatementcostsnotpaidwithin 30calendardaysshallbecomea lien and special assessment against the property.
E. Thedecisionof theHearingOfficer on thedeterminationof nuisanceis final. Any appealof the Hearing Officer's decisionshall be governedby California Code of Civil Procedure Section 1094.6 or such section asmay be amendedfrom time to time. 830. 035 Time limit for compliance
The violator must abate the nuisance within the period of time set forth in the Notice to Abate, or, in caseof an appeal, within ten days from the finding of the Hearing Officer or such longerperiodasmaybe determinedby theAdministrativeHearingOfficer.
Unlessanemergencysituationexists, theviolator shallbe givenatleasttendaysto abate the nuisance.
830. 041 Invoice of abatement costs
A. In accordance with this Chapter, the City shall serve upon each responsible party and each interested party an invoice identifying all nuisance abatement costs related to a nuisance abatement action.
B. Anypartyto whomaninvoicehasbeenissuedshallhave45calendardaysfromthedateof the invoice to remit full payment of the invoice to the City. Payment shall be submitted to the City asspecifiedin the invoice. The invoice shall furtherindicatethat anyunpaidamounts may become a lien and special assessmentagainstthe property.
C. The statement shall be accompanied by a notice to the owner that the cost of abatement may be protested as set forth in Section 8.30.045. If the cost is not protested within 15 calendar days after service, it shall be deemed final.
8. 30. 045 Hearing on nuisance abatement costs
A. Anyresponsiblepartyorinterestedpartyto whomaninvoicehasbeenissuedmay, within15 calendar days from the date of the invoice, request a hearing to protest the cost of abatement by filing a writtenrequestfor ahearingontheabatementcostswiththeCityClerk. The requestfor hearing must contain the following information:
1) The requestor' s full legal name;
2) The requestor' s mailing address and telephone number; 3) The amount of nuisance abatement costs disputed;
4) The specific legal and factual grounds for all disputes of the invoice and nuisance abatement costs.
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remedies, and a bar to any further challenge to the City' s invoice and nuisance abatement costs.
C. If a hearingis timely andproperlyrequested, the City Clerk shall causea Hearingto be set beforethe HearingOfficer. The City shallprovidenoticeof the date, time, andlocationof thehearingto all partiesat least10calendardaysbeforethehearing. At thetime fixed for the hearing, the Hearing Officer shall hold an informal hearingto considerthe invoice and protestsor objections raised by the requestor.
D. At theconclusionof thehearing, or within 5 daysthereafter, theHearingOfficer shallissuea decision approving, denying, or modifying the amount of the nuisance abatementcosts that the City is entitled to recover.
E. The decisionof the HearingOfficer shall be in writing and shall be servedby mail. The decisionof theHearingOfficer on the abatementcostsshallbe final. If anycostrecoveryis upheld, evenin part, theCity shallbetheprevailingparty. If costrecoveryis entirelydenied, the requestingparties shall be the prevailing parties.
F. Any appealof theHearingOfficer's decisionshallbe governedby California Codeof Civil ProcedureSection 1094.6 or such section asmay be amendedfrom time to time.
SECTION 5. Various Sections of Chapter 8. 36 of Title 8 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended representedby ellipses [... ]):
Chapter 8. 36
ABANDONED VEHICLES
Sections:
8. 36. 010 Findings
8. 36. 020 Definitions
8. 36. 030 Applicability
8. 36. 040 Chapter not exclusive
8. 36. 050 Administration and enforcement
8. 36. 060 Rights of franchisee to enter private property
8. 36. 070 Assessment of administrative costs
8. 36. 080 Abatement authority
8. 36. 090 Ten- day notice required
8. 36. 100 Public hearing
8. 36. 110 Hearings to be held before hearing officer
8. 36. 120 Reserved]
8. 36. 130 Removal of vehicle to scrapyard
8. 36. 140 Notice to Department of Motor Vehicles of removed vehicles
8. 36. 150 Assessment of charges against land
8. 36. 160 Violation - Penalty
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8. 36. 090 Ten- day notice required
A ten-day notice of intention to abateand remove the vehicle, or part thereof, as a public nuisance shall be issued. Such ten-day notice of intention to abate shall be mailed by certified mail or registered mail, return receipt requested, to the owner of the land, as shown on the last equalized assessment roll, and to the last registered owner and/ or legal owner of record of the vehicle, unless the vehicle is in such condition that identification numbers are not available to determineownership. All noticesmustidentify thevehicle. Noticesmailedto the ownerof land must advisethat failure to comply with the notice may result in abatementby the City, and costs being assessedagainstthe property. All notices must advise that an aggrieved parry may appeal and describe the procedures for filing an appeal.
8. 36. 100 Public hearing
A. The owner of the vehicle or owner of the land that is the subject of a ten- day notice issued under this Chaptermay appealthe notice to a hearingofficer in the mannerprovided in Chapter 9. 94 of this Code.
B. The appealmust be filed within 10 days following issuanceof the ten-day notice. If such a requestfor hearing is not received by the City within saidten days after mailing of the notice of intention to abateand remove, the City shall have the authority to abateand remove the vehicle or parts thereof as a public nuisancewithout holding apublic hearing.
8. 36. 110 Hearings to be held before hearing officer
A. The hearingofficer may imposesuchconditionsandtake suchother actionasthe hearing officer deems appropriate under the circumstancesto cavy out the purpose of this Chapter.
Thehearingofficer may delaythe time for removalof the vehicleor part thereofif, in the hearing officer's opinion, the circumstancesjustify it. At the conclusionof the public hearing, the hearingofficer may find that a vehicle or part thereofhas beenabandoned, wrecked, dismantled, or is inoperative on private or public property, and may order the same removedfrom thepropertyasapublic nuisanceanddisposedof ashereinafterprovided, and may determinethe administrativecostsandthe cost of removalto be chargedagainstthe owner of the parcel of land on which the vehicle or part thereof is located. The order requiring removal shall include a description of the vehicle or part thereof and the correct identification number and license number of the vehicle if available at the site.
B. If it is determined at the hearing that the vehicle was placed on the land without the consent of the land owner and that he has not subsequently acquiescedin its presence, the hearing officer shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect such costs from such landowner.
C. Thedecisionof thehearingofficer in anappealunderChapter9.94of this Codeis final. 836. 120 [ Reserved]
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SECTION 6. Various Sections of Chapter 9. 92 of Title 9 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended representedby ellipses [... ]):
64 Chapter 9. 92
ADMINISTRATIVE CITATION PROCESS
Sections:
9. 92. 010 Legislative Findings and Statement of Purpose
9. 92. 020 Administrative Law Officer
9. 92. 030 Use of Administrative Citation
9. 92. 040 Violation; Authority; Fines
9. 92. 050 Service Procedures
9. 92. 060 Contents of Citation
9. 92. 070 Satisfaction of the Administrative Citation
9. 92. 080 Request for Hearing on an Administrative Citation
9. 92. 090 Failure to Pay Fines
9. 92. 100 Publication and Availability of Rules and Regulations
9. 92. 110 Representation at Hearings
9. 92. 120 Conduct of Hearings
9. 92. 130 Orders
9. 92. 140 Disposition of Fines
9. 92. 150 Punishment of Violations by Imprisonment
9. 92. 160 Administrative Adjudication Procedures Not Exclusive
9. 92. 170 Applicability of Administrative Adjudication Procedures
9. 92. 180 Right to Judicial Review
9. 92. 190 Severability
9. 92. 090 Failure to Pay Fines
A. Any personwho fails to payto the City any fine imposedpursuantto theprovisionsof this Chapter on or before the date that fine is due is liable for the payment of any applicable interest charges.
B. The delinquent obligation shall bear interest at a rate of 10 percent per year. Interest shall be calculatedon a proratedmonthlybasisfrom the datesuchobligationbecomesdelinquentto the date it is paid.
C. TheCity may collectanydelinquentadministrativecitationfinesor interestchargesby useof all availablelegalmeans, includingpersonalcollectionfrom theresponsibleparties.
D. TheCity alsomayrecoverall costs, expenses, andfees, includingattorneys' fees, associated with the assessment, enforcement, processing, and collection of the fines associatedwith the administrative citation in accordance with the provisions of this Code. 11 of32—
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9. 92. 170 Applicability of Administrative Adjudication Procedures A. Notwithstanding any other provision of the ordinances of the City or this Code, all provisions of this Code or ordinances, may be enforced by instituting an administrative adjudication hearing with the Administrative Law Officer asprovided in this article.
B. Notwithstanding any other provision of the ordinances of the City or this Code, any enforcement action, including but not limited to license or permit suspensionor revocation, which may be exercised by another department of the City may also be exercised by the Administrative Law Officer as provided in this article.
9. 92. 180 Right to Judicial Review
Any decision of the Administrative Law Officer is final, subject to judicial review.
Within 20 days after service of the decision of the Administrative Law Officer upon the party to the administrativeadjudicationhearing, thatpersonmay seekjudicial review of the decisionby filing an appealwith the Superior Court of the State of California, in the County of San Bernardino, in accordance with California Government Code section 53069. 4. The appealing partymustserveuponthe City Clerk, eitherin personor by first-classmail, a copyof thenotice of appeal. If the appealingparty fails to timely file a notice of appeal, the hearingofficer's decision is deemed confirmed."
SECTION 7. Chapter 9.94 of Title 9 of the San Bernardino Municipal Code is hereby added to state in full as follows:
rc
Sections:
9. 94. 010
9. 94. 020
9. 94. 030
9. 94. 040
9. 94. 050
9. 94. 060
9. 94. 070
9. 94. 080
9. 94. 090
9. 94. 100
9. 94. 110
9. 94. 120
9. 94. 130
9. 94. 140
Chapter 9. 94
ADMINISTRATIVE HEARINGS AND APPEALS
Definitions
Purpose and Intent
Scope
Hearing Officer— Selection and Qualifications
Powers and Duties of Hearing Officer
Right to Appeal; Consequence of an Untimely or Incomplete Appeal Administrative Hearings— Notice Procedures
Administrative Hearings— Conduct of Hearing
Decision of the Hearing Officer
Methods of Service
Costs
Judicial Review
Limitation on Jurisdiction
Severability
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9. 94. 010 Definitions
The following definitions apply in the interpretation and enforcementof this Chapter.
A. " Action" means an act or decision by an administrative officer or administrative agency for which a right to appeal under the provisions of this Chapter is granted in this Code.
B. " Administrative agency" meansan organ of the city government other than the City Council which under the direction of the City Manager has responsibility for carrying out or enforcingthe rules, regulations, and ordinancesof the city, but not including boardsand commissions of the city.
C. " Administrativeofficer" meansanofficer of the city who is not a memberof the legislative body or appointed boards or commissions. Such officers include but are not limited to the City Manager, chief of police, fire chief, director of planning and building, director of transportation, director of public works, or similar officer.
D. " Aggrieved person" meansany personwhose personal, pecuniary or property right or interest is directly and adverselyaffected, or upon whom a substantialburden or obligation is imposedby the action or decision appealedfrom.
E. " Appellant" meansany aggrievedpersonwho files an appeal.
F. " Code" means the San Bernardino Municipal Code.
G. " Hearingofficer" meansanypersonduly qualifiedandauthorizedby this Chapterto hearand review appeals under this Chapter.
H. " Respondent" means the administrative officer or agency which took the action appealed from, andanyotheradministrativeofficer or agencynamedasrespondentin anappeal.
9. 94. 020 Purpose
It is the purpose and intent of the City Council to afford due processof law to any person who is directly affectedby an actionor decisionof an administrativeagencyor officer. These proceduresare also intended to establish a forum to efficiently and fairly resolve administrative appeals.
9. 94. 030 Scope
The hearing officer hears appeals from actions taken by an administrative officer or administrativeagencywhena right to appealunderthe provisionsof this Chapteris grantedin this Code. Except where this Code prescribes another procedure, the rules and procedures pertaining to appealsare as statedherein. The rules and procedurespertaining to appealsunder this Chaptermay be supplementedor modified as statedin the chapterthat grantsa right to appealunder theseprovisions. The hearing officer has no authority to hear appealsof any action taken by the City Council or any other board or commission of the City. 13 of 32—
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9. 94. 040 Hearing Officer— Selection and Qualifications A. The City Managermust establishproceduresfor the selectionof a qualified personto serveashearingofficer for eachmatter appealedunderthis Chapter. Hearingofficers must be selected in a manner that avoids the potential for pecuniary or other bias.
B. For purposes of this section, " qualified person" includes an individual with a background in the practice of law or with a background in local governance, that is particularly experienced or knowledgeable about the subject matter at issue, or that is otherwise deemedqualified by the City Manager.
9. 94. 050 Powers and Duties of Hearing Officer
A. As providedby Section9.94.030, thehearingofficer hearsall appealsin accordancewith the procedures contained in this Chapter or as supplemented or modified in the chapter granting a right to appeal hereunder.
B. Thehearingofficer is authorizedto issuedecisionsandtakeall actionsnecessaryandproper to carryoutthefunctionsof thehearingofficerin this Chapter, including:
1) Hold conferences for settlement or simplification of the issues; 2) Administer oaths and affirmations;
3) Hear testimony;
4) Rule upon motions, objections, and the admissibility of evidence; 5) Preserve and authenticate the record of the hearing and all exhibits and evidence introduced at the hearing;
6) Regulatethe courseof the hearingin accordancewith this Chapteror other applicable law; and
7) Issue a final order which includes findings of fact and conclusions of law.
C. Thehearingofficermayrequestinformation, services, facilities, or anyotherassistancefor the purposeof furthering the objectives of this Chapter.
D. At the hearing, the hearingofficer must hearand considerthe testimonyof the appellant, respondent, and their witnesses, as well as any documentaryevidencepresentedby these persons.
E. Thehearingofficermustensurethat partiesreceivea fair hearingandareaffordeddue processin accordancewith the applicable Stateand federal law governing suchhearings. 14of32—
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9. 94. 060 Right to Appeal; Consequence of an Untimely or Incomplete Appeal Except where this Code prescribes another procedure, the following hearing requestprocedures apply to appealsunder this Chapter.
A. Any aggrievedpersonmay contest an action taken by an administrative officer of the City, as provided in Section 9.94.030, by filing a written notice of appeal with the City Clerk within 15 calendar days. No fee shall be due for the filing of an appeal. The notice of appeal must also include payment to the City Clerk of the appeal fee, as established or amended from time to time by resolution of the City Council.
B. Thenoticerequiredby Subsection (A) mustbe filed no laterthan 15daysfollowing thedate of mailingto appellantof noticeof theactionfrom whichtheappealis takenor, if thereis no suchmailing or noneis required, no laterthan15daysfollowing thedateof theactionthatis the subject of the appeal.
C. A written notice of appealmust contain the following information:
1) The full name, mailing address, e-mail address, and telephone number of each appellant who is appealing the action;
2) A description of the specific action or decision being appealed, including the date of the action;
3) The grounds for appealin sufficient detail to enablethe hearing officer to understandthe nature of the controversy; and
4) The signature of an appellant.
D. If the City Clerk doesnot receive a timely notice of appeal, if the notice of appealis incomplete, or if the notice of appealdoesnot comply with all of the requirementsset forth in this section, the right to appeal the action is waived. In this event, the action is final and binding. A failure to file a timely or proper notice of appealalso constitutesa failure to exhaust administrative remedies.
9. 94. 070 Administrative Hearings— Notice Procedures
Except where this Code prescribes another procedure, the following hearing notice procedures apply to appeals under this Chapter:
A. No hearingbeforea hearingofficer underthis Chaptermay be scheduledor held unlessa timely and proper notice of appealhas beensubmittedto the City Clerk as set forth in Section 9. 94. 060.
B. The City Clerk mustschedulethehearingno soonerthan 15daysandno laterthan60 days from receipt of the notice of appeal, unless the parties waive such time limits. The failure to holdthehearingwithin this timeperioddoesnotinvalidateanyactionof thehearingofficer. 15 of 32 –
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C. The City Clerk mustprovide a copy of the appealto the respondentwithin five daysafter filing.
D. The City Clerk must notify the appellant, respondent, and City Attorney in writing of the date, time, andlocation of the hearing at least 15 daysbefore the dateof the hearing.
E. Failure to receive notice of the time and place of the hearing shall not dismiss any violation at issueor invalidateanyactionof thehearingofficer, if thenoticewasgivenin themanner stated in Subsection ( D) of this Section.
F. The notice of hearingmay be servedby any of the methodsof servicelisted in Section
9. 94. 100 of this Chapter.
G. Unless the notice of appeal names some other respondent, the administrative officer or administrativeagencythattook the actionor madethedecisionbeingappealedis designated the " respondent."
9. 94. 080 Administrative Hearings— Conduct of Hearing
A. Participation. The hearingofficer mustbe presentat all timesto presideover thehearing.
All hearings are open to the public. The respondent, or another City representative, is requiredto participatein thehearing. Theappellantis requiredto participatein thehearing.
B. Evidence, Witnesses, and Discovery. All parties have the right to present evidence and cross-examine witnesses. The formal rules of evidence and discovery do not apply. The rules of privilege are effective to the sameextent that they are now or hereafter may be recognized in civil actions. Irrelevantandunduly repetitiousevidencemay be excluded. Oral evidence may be taken only on oath or affirmation. The appellantand respondentmay represent themselvesor be representedby anyone of their choice.
C. Cross -Examination. No party shall have the right to cross-examine any other party or witness except for good cause shown to the satisfaction of the hearing officer. Each party may cross- examine witnesses.
D. Interpretation and Recordation. The appellant may bring an interpreter to the hearing at his or her soleexpense. The City may, at its discretion, recordthe hearingby stenographer, court reporter, audio recording, or video recording.
E. Subpoenas. In any hearingconductedby the hearingofficer, he or shehasthe power to compel the attendanceof witnessesfor the production of evidenceby subpoenasissuedunder the authorityof theCity Councilandattestedby the City Clerk. Subpoenasmayalsobe issued at the request of the parties prior to the commencement of such hearing. No subpoena maybeissuedfor anyreasonwithouttheconcurrenceof theCityAttorneythatthereis good causefor such subpoenato be issued, and such subpoenais approvedby the City Council. It is theduty of theChief of Policeto causeall suchsubpoenasto be served, andtherefusalof a person to attend or to testify in answer to such a subpoena subjects the person to prosecutionin the samemannersetforth by law for failure to appearbeforetheCity Council in responseto a subpoenaissuedby the City Council.
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F. Proof. The standardof proof applicable to the hearing and to be used by the hearing officer in deciding the issue on appeal is proof by a preponderanceof the evidence. The respondent bears the burden of proof at the hearing. The hearing officer determines relevancy, weight, and credibility of testimony and evidence.
G. Continuances. The hearing officer, before or during a hearing, may grant a request for a continuance, in his or her discretion, for good cause; however, in no event may the hearing be continued for more than 30 calendardays without stipulation by all parties.
H. Failure of Appellant to Appear. If the appellant fails to appear at the hearing, the hearing officer may cancel the hearing and senda notice thereof to the appellant to the addressstated on the appeal form. A cancellation of a hearing due to non-appearanceof the appellant waives the right to appeal and is failure to exhaust all administrative remedies, provided that proper notice of the hearing asrequired by this Chapterhasbeen provided. In such instances, the action is final andbinding.
9. 94. 090 Decision of the Hearing Officer
A. The hearing officer must render his or her decision in accordancewith the provisions of this Chapter, applicable law, and all ordinances of this City.
B. The hearingofficer's decisionmust be in writing andmust set forth the hearingofficer's findings of fact and conclusions of law.
C. The hearing officer must render a decision within 15 days following the conclusion of the hearing. Failureof the hearingofficer to rendera decisionwithin this time perioddoesnot invalidate any action of the hearing officer.
D. The hearing officer's decisionmust be servedon all parties in accordancewith Section
9.94.100. Failure of a personto receive a properly -serveddecision doesnot affect the finality or effectiveness of the decision.
E. The hearing officer' s decision is the final administrative decision of the City regarding the action that is the subject of the appeal. The hearing officer' s decision is effective on the date of service of the decision. The decision must contain the following statement: " The decision of the hearingofficer is final andbinding. Judicialreview of this decisionis subjectto the provisions and time limits set forth in California Code of Civil Procedure section 1094. 6 et seq.
9. 94. 100 Methods of Service
A. Except where this Code prescribes anotherprocedure, any notice or document required to be servedunder this Chaptermust be servedby personal service or first- classmail.
B. Service is deemed effective on the date it is personally delivered or mailed. 17of32—
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C. Failure of any personto receivea documentproperly servedunderthis Chapterdoesnot affect the validity of the notice or document, service, or any action or proceeding under this Chapter.
9. 94. 110 Costs
Nothing hereinlimits the City' s ability to seekrecoveryof its costsor feesincurredin connectionwith the hearingif authorizedby law. The City shall keep an accountingof the hearingcosts. If anyportionof theactionisupheld, evenin part, theCityistheprevailingparty.
9. 94. 120 Judicial Review
The decisionof the hearingofficer is not subjectto appealto the City Council or any boardor commissionof the City. Oncethe hearingofficer's decisionbecomesfinal asprovided in this Chapter, theappellantmustbothbringjudicial actionto contestsuchdecisionandprovide theCitywith anoticeof theactionwithin90daysafterthedateof suchdecisionof thehearing officer, in accordancewith the Code of Civil Procedure section 1094.6. Failure to do so means all objections to the hearing officer' s decision arewaived.
9. 94. 130 Limitation on Jurisdiction
Thehearingofficershallnotconsiderappealsof orders, decisions, anddeterminationsof theCityof SanBernardinoBuildingOfficialrelatingto thebuildingstandardsof theCalifornia Building StandardsCode, which mustbe consideredby theBuilding AppealsBoardpursuantto Section 2. 45. 030 of this Code.
9. 94. 140 Severability
The provisions of this Chapter are severable, and, if any sentence, section or other part of this Chapter should be found to be invalid, such invalidity shall not affect the remaining provisions, andtheremainingprovisionsshallcontinuein full forceandeffect." SECTION 8. Various Sections of Chapter 15.04 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [...]):
Chapter 15. 04
BUILDING CODES
Sections:
15. 04. 010 Citation
15. 04. 020 Adoption of Codes by Reference
15. 04. 030 Applicability
15. 04. 040 Definitions
15. 04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
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15. 04. 060 CBC Chapter 1, Section 112. 1. 1 is added- Board of Appeals Designated
15. 04. 070 CBC Chapter 1, Section 105. 2, Item 2 is Amended Fences Not Requiring a Building Permit
15. 04. 080 [ Reserved]
15. 04. 090 CBC Section 2204.1.1 is added- Qualification of Welding Operators.
15. 04. 100 CBC Section 3109.1.1 is added- Barriers for Swimming Pools
15. 04. 110 CBC Appendix J, Section J101 . 3 is added - Alquist- Priolo Earthquake Fault Zones
15. 04. 120 CBC Appendix J, Section J101. 4 is added - Enforcement Authority
15. 04. 130 On- site Improvement Permit
15. 04. 140 Preparation of Grading Plans
15. 04. 150 On - Site Improvement Plans and Specifications
15. 04. 160 Information on On - Site Improvement Plans
15. 04. 170 On- site Improvement Plan Review and Permit Fees
15. 04. 180 Inspection of On - Site Improvements
15. 04. 190 Bonds Required
15. 04. 200 CBC Appendix J, Section J110. 1 is added- Planting of Slopes
15. 04. 210 CBC Appendix J, Section J112 is added- Grading Operations
15. 04. 220 CBC Appendix J, Section J110. 3 is added- Final Repots
15. 04. 230 Driveway Configurations
15. 04. 240 Location of Slopes
15. 04. 250 Automatic Fire Sprinkler Systems- Residential Additions
15. 04. 260 Stop Work Order
15. 04. 020 Adoption of Codes by Reference
A. Adoption of the California Building StandardsCode by Reference Those certain rules andregulations as set forth in the following codesarehereby adoptedand by this reference are made a part of this Code with the force and effect as though set out herein in full, with the exception of those parts expressly excepted and deleted or as amended by this Code, as the regulations governing the erection, construction, alteration, change of occupancy, repair, removal, andmaintenanceof all buildings and other structuresin the City:
The 2016 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24, incorporating those state adopted model codes listed pursuant to Health and Safety Code Section 17922, and all state adopted amendments thereon, and incorporating:
A. California Building Code ( CBC), 2016 edition, and Appendix J thereto; B. California Electrical Code ( CEC), 2016 edition;
C. California Mechanical Code ( CMC), 2016 edition;
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D. California Plumbing Code (CPC), 2016 edition;
E. California GreenBuilding StandardsCode (CGBSC), 2016 edition; and F. California Residential Code ( CRC), 2016 edition;
G. California Energy Code, 2016 edition;
H. California Historical Building Code, 2016 edition;
I. California Fire Code, 2016 edition;
J. California Existing Building Code, 2016 edition.
B. Adoption of Other Codesby Reference
In addition to the California Building StandardsCodes, those certain rules andregulations, as set forth in the following codes, and appendicesare hereby adopted by reference and shall regulate the erection, construction, change of occupancy, alteration, repair, removal and maintenanceof all buildings andother structuresin the City:
1. Uniform Code for the Abatement of Dangerous Buildings ( UCADB), 1997 edition;
2. International Property Maintenance Code (IPMC), 2015 edition C. Copies of all Codes listed above shall be on file in the Community Development Department Office for inspection and reference and copies of each code shall be furnished to the Building Official and each deputy.
15. 04. 030 Applicability
It shall be unlawful to erect, construct, change the occupancy, alter, repair, rehabilitate, remove, move or maintain anybuilding or structure, or gradeor alter any land, in the City in violation of, or without complying with the appropriateprovisions of this Chapter.
The California Building StandardsCode shall governand prevail in the eventof any inconsistencyor conflict between the building standardswithin the California Building StandardsCode, as adopted and amendedby the City, and the building standardsin any other code.
15. 04. 050 CBC Chapter 1, Section 105. 5. 1 is added - Prima Facie Evidence of Abandoned Work
Section 105. 5. 1 Prima Facie Evidence of Abandoned Work 20 of 32 —
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Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progressto the satisfactionof the Building Official within any 365 day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.
15. 04. 060 CBC Chapter 1, Section 113. 1. 1 is added Board of Appeals Designated Section 113. 1. 1 Board of Appeals Designated
1. In order to hear and decide appeals of orders, decisions, or determinations made by the Building Official relativeto the applicationandinterpretationof thebuilding standardsof this code, the Building Appeals Board of the City of San Bernardino, established under Chapter 2.45 of this Code, shall serve as the Board of Appeals. The Building Appeals Board has such duties as are delegatedto it by the California Building StandardsCode and Chapter 2.45 of the San Bernardino Municipal Code.
15. 04. 070 CBC Chapter 1, Section 105. 2, Item 2 is Amended - Fences Not Requiring a Building Permit
2. Fencesnot over 6 feet high, except concrete and masonry fences greater than three (3) feet abovegrade. Masonryfencesshallbe constructedin accordancewith the standarddesign specificationsapprovedby the Building Official, unlessan alternateengineereddesignis submitted and approved. Exemption from the permit requirements shall not be deemed as a waiver of the design requirements contained in the San Bernardino Development Code as it relates to the use or configuration of materials, or to the height of fences in front, side or rear yards.
15. 04. 080 [ Reserved]
15. 04. 120 CBC Appendix J, Section J101A is added - Enforcement Authority J101.4 EnforcementAuthority. The Building Official of the City of SanBernardinoor his/ her designeeshall have the authority for the enforcement of CBC Appendix J and any amendments thereto.
SECTION 9. Chapter 15.05 of Title 15 of the SanBernardino Municipal Code is hereby amended to state in full as follows:
Chapter 15. 05
PROPERTY MAINTENANCE CODE
Sections:
15. 05. 010 Citation of Sections
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15. 05. 020 Section 102. 3 amended
15. 05. 030 Section 103. 1 amended
15. 05. 040 Section 104. 3 amended
15. 05. 050 Section 106. 4 amended
15. 05. 060 Section 107. 1 amended
15. 05. 070 Section 111 amended
15. 05. 080 Section 112A amended
15. 05. 090 Section 201. 3 amended
15. 05. 100 Section 302. 4 amended
15. 05. 110 Section 302. 9 amended
15. 05. 120 Section 304. 3 amended
15. 05. 130 Section 304. 14 amended
15. 05. 140 Section 304. 18 amended
15. 05. 150 Section 307 amended
15. 05. 160 Section 401. 3 amended
15. 05. 170 Section 502. 5 amended
15. 05. 180 Section 505. 1 amended
15. 05. 190 Section 602. 2 amended
15. 05. 200 Section 602. 3 amended
15. 05. 210 Section 602. 4 amended
15. 05. 220 Section 604. 2 amended
15. 05. 230 Section 604. 3. 1. 1 amended
15. 05. 240 Section 604. 3. 2. 1 amended
15. 05. 250 Section 702. 1 amended
15. 05. 260 Section 702. 2 amended
15. 05. 270 Section 702. 3 amended
15. 05. 280 Section 704. 1 amended
15. 05. 290 Section 704. 2 amended
15. 05. 010 Citation of Sections
The provisions of this chapter amend the International Property Maintenance Code, 2015 Edition, published by the International Code Conference, as adoptedby reference by the City in Chapter 15. 04 of this Code.
15. 05. 020 Section 102. 3 amended
International Properly Maintenance Code Section 102.3 is amendedto read asfollows:
102.3 " Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Administrative Code, California Building Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. Nothing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code." 22of32—
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15. 05. 030 Section 103. 1 amended
International Property Maintenance Code Section 103. 1 is amendedto read as follows:
103. 1 " The Chief of Police or the Director of Community Development or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code."
15. 05. 040 Section 104. 3 amended
International Property Maintenance Code Section 104.3 is amendedto add the following phrase to the end of the last sentence: " including the warrant provisions of Section 1822.50 et seq. of the Code of Civil Procedureof the Stateof California."
15. 05. 050 Section 106A amended
International Property Maintenance Code Section 106.4 is amendedto read asfollows:
106. 4 " Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adoptedmodelcodes, asamendedin this title, shallbe subjectto the penalty provisions of Chapters1. 12, 9.92 and 9.93 of the SanBernardino Municipal Code."
15. 05. 060 Section 107. 1 amended
InternationalPropertyMaintenanceCodeSection107.1is amendedto readasfollows:
107. 1 " Notice to Person Responsible. Whenever the code official determines that there has been a violation of this code or has grounds to believe that a violation has occurred, notice shall be given in the manner prescribed in Sections 107. 2 and 107. 3, or in the manner provided by SanBernardinoMunicipal CodeSection9.92.050, to thepersonresponsiblefor theviolation as specified in this code. Notices for condemnation procedures shall also comply with Section 108. 3."
15. 05. 070 Section 111 amended
International Property Maintenance Code Section 111 and subsections are amended to read as follows:
111 " A party aggrievedby a notice or orderissuedunderthis codemay appealin the manner set forth in Chapter 9. 94 of the San Bernardino Municipal Code."
15. 05. 080 Section 112. 4 amended
International Property Maintenance Code Section 112.4, Failure to comply, is amendedto read as follows:
112. 4 Failure to Compl " Any person, firm or corporationwho continueswork on a building or structure after a stop work order has been issued by any of the employees listed in [ SBMC]
9.90.010 A( 2, 3, 4, 5, 6 or 8) shall be guilty of amisdemeanor, except suchwork asthat person is 23 of32—
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directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred dollars ($ 100. 00) and not more than one thousand dollars ($ 1,000. 00) for each day of the violation. Eachday during anypart of which the activity prohibitedby subdivision 112. 1 of this section continues shall be a distinct and separate offense."
15. 05. 090 Section 201. 3 amended
International Property Maintenance Code Section 201. 3 is amended to read as follows:
201. 3 Definitions. " Where terms are not defined in this code and are defined in the California Administrative Code, California Building Code, California Residential Code, California Green Building Standards Code, California Energy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, or California Electrical Code, or any code adopted by reference under Chapter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes."
15. 05. 100 Section 302. 4 amended
International Property Maintenance Code Section 302.4, paragraph number one, is amended to read as follows:
302. 4 Weeds " Weed and rubbish abatement shall be as set forth in the San Bernardino Municipal Code, Chapter 8. 30, Abatement of Public Nuisances."
15. 05. 110 Section 302. 9 amended
International Property Maintenance Code Section 302.9, defacement of property, is deleted.
15. 05. 120 Section 304. 3 amended
International Property Maintenance Code Section 304.3 is amendedto read asfollows:
304. 3 Premises Identification " Premises identification shall be as set forth in the San Bernardino Municipal Code sections 12. 32. 030 and/ or 15. 16. 126."
15. 05. 130 Section 304. 14 amended
International Property Maintenance Code Section 304.14 is deleted.
15. 05. 140 Section 304. 18 amended
International Property Maintenance Code Section 304.18 is deleted.
15. 05. 150 Section 307 amended
International Property Maintenance Code Section 307, Handrails and guardrails, is amended to read as follows:
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307 Handrails and Guardrails ' Every exterior and interior flight of stairs shall have a handrailandguardper the requirementsof the adoptingcodeat the time the buildingwas permitted. Handrails and guardrails shall be maintained in a safe and useful condition."
15. 05. 160 Section 401. 3 amended
International Property Maintenance Code Section 401. 3 is amendedto read as follows:
401. 3 Alternative Devices " In lieu of the means for natural light and ventilation herein prescribed, artificial light ormechanicalventilationcomplyingwith theCaliforniaBuilding Code or California Residential Code shall be permitted."
15. 05. 170 Section 502. 5 amended
International Property Maintenance Code Section 502. 5, Public toilet facilities, is amended to read as follows:
502.5 PublicToilet Facilities "Publictoilet facilities shallbemaintainedin a safesanitary and working condition in accordance with the California Plumbing Code. Except for periodic maintenance or cleaning, public access and use shall be provided to the toilet facilities at all times during occupancy of the premises."
15. 05. 180 Section 505. 1 amended
International Property Maintenance Code Section 505. 1, Plumbing Fixture Connections, is amended to read as follows:
505.1 Plumbing Fixture Connections "General. Every sink, lavatory, bathtub or shower, drinking fountain, water closet or other plumbing fixture shall be properly connectedto either a public water system or to an approved private water system. All kitchen sinks, lavatories, laundry facilities, bathtubs and showers shall be supplied with hot or tempered and cold running water in accordance with the California Plumbing Code."
15. 05. 190 Section 602. 2 amended
International Property Maintenance Code Section 602.2, Heating Facilities, is amended to read as follows:
602.2 Heating Facilities " Residential occupancies. Interior spaces intended for human occupancy shall be provided with permanently -installed heating facilities capableof maintaining a room temperature of 68 degrees F ( 20 C) in all habitable rooms."
15. 05. 200 Section 602. 3 amended
International Property Maintenance Code Section 602. 3, Heat supply, Exceptions # 1 and 2 are deleted.
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15. 05. 210 Section 602. 4 amended
International Property Maintenance Code Section 602.4, Occupiable work spaces, is deleted.
15. 05. 220 Section 604. 2 amended
International Property Maintenance Code Section 604.2, Service, is amended to read as follows:
604. 2 " Service. The size and usage of appliances and equipment shall serve as a basis for determining the need for additional facilities in accordancewith the California Electrical Code. Dwelling units shall be served by a three- wire, 120/ 240 volt, single-phase electrical servicehaving a rating of not lessthan 60 amperes."
15. 05. 230 Section 604. 3. 1. 1 amended
International Property Maintenance Code Section 604.3.1.1, Electrical equipment, is amended to read as follows:
604.3.1.1 Electrical Eq" Electrical equipment. Electrical distribution equipment, motor circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fault circuit interruptors, surge protectors, molded case circuit breakers, low -voltage fuses, luminaires, ballasts, motors and electronic control, signaling and communication equipment that have been exposed to water shall be replaced in accordance with the provisions of the California Electrical Code. The exception provisions of section 604.3.1.1 of the IPMC arehereby deleted."
15. 05. 240 Section 604. 3. 2. 1 amended
International Property Maintenance Code Section 604.3.2.1, Electrical equipment, is amended to read as follows:
604. 3.2. 1 Electrical_ Equipg ent " Electrical switches, receptacles and fixtures, including furnace, waterheating, securitysystemandpowerdistributioncircuits, thathavebeenexposedto fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code."
The exception provisions of section 604.3.2.1 of the IPMC arehereby deleted.
15. 05. 250 Section 702. 1 amended
InternationalPropertyMaintenanceCodeSection702.1, General, is amendedto readas follows:
702. 1 General " General. A safe, continuous and unobstructed path of travel shall be provided from any point in a building or structure to the public way. Means of egress shall 26of32—
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complywith the California Fire Code, California ResidentialCode, or the California Building Code, whichever is more restrictive."
15. 05. 260 Section 702. 2 amended
International Property Maintenance Code Section 702.2, Aisles, is amended to read as follows:
702. 2 Aisles " Aisles. The required width of aisles in accordance with the California Fire Code, California Residential Code, California Building Code, or Civil Code 304.18, whichever is more restrictive, shall be unobstructed."
15. 05. 270 Section 702. 3 amended
International Property Maintenance Code Section 702.3, Locked doors, is amended to read as follows:
702.3 Locked Doors " Locked Doors. All meansof egressdoors shall be readily openable from the side from which egress is to be made without the need for keys, special knowledge or effort, except where the door hardware conforms to that permitted by the California Fire Code, California Building Code, or California Residential Code, whichever is more restrictive."
15. 05. 280 Section 704. 1 amended
International Property Maintenance Code Section 704. 1, General, is amended to read as follows:
704. 1 Fire Protection Svstems " General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination thereof shall be maintained in an operable condition at all times in accordance with the California Fire Code."
15. 05. 290 Section 704. 2 amended
International Property Maintenance Code Section 704.2, Smoke alarms, is amended to read as follows:
704. 2 Smoke Alarms " Smoke alarms. Smoke alarms shall be installed and maintained in accordance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive.""
SECTION 10. Section 15. 20. 090 of Chapter 20 of Title 15 of the San Bernardino Municipal Code is- hereby amended to state as follows ( omitted provisions not amended representedby ellipses
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15. 20. 090 Hearings
Any person aggrieved by the revocation of any certificate of occupancy by the Building Official may appeal that decision in the manner set forth in Chapter 9.94 of this Code, as such revocation is an administrative enforcement action. Any person aggrieved by the denial of a certificate of occupancy may appealthat decision in the manner set forth in Chapter 2.45 of this Code, as such denial is an order, decision, or determination of the Building Official relating to the building standardsof the California Building StandardsCode.
SECTION 11. Various Sections of Chapter 15. 28 of Title 15 of the San Bernardino Municipal Code are hereby amended to state as follows ( omitted provisions not amended represented by ellipses [... ]):
Sections:
15. 28. 010
15. 28. 020
15. 28. 030
15. 28. 040
15. 28. 050
15. 28. 060
15. 28. 070
15. 28. 080
15. 28. 090
15. 28. 100
15. 28. 110
15. 28. 120
15. 28. 130
15. 28. 140
15. 28. 150
15. 28. 160
15. 28. 170
15. 28. 180
15. 28. 190
15. 28. 200
15. 28. 210
15. 28. 220
Chapter 15. 28
DANGEROUS BUILDINGS
Referenced Code
Uniform Code for the Abatement of Dangerous Buildings - Amended Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Reserved]
Securing dangerous buildings from entry
Recovery of costs of abatement of nuisance
Discontinuance of utilities
Filing of notice of pendency of administrative proceedings Reserved]
Post -disaster Safety Assessment Placards
Section 103 amended
Section 205 amended
Section 301 amended
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15. 28. 020 Uniform Code for the Abatement of Dangerous Buildings - Amended Chapters 5, 6, and 9 of the Uniform Code for the Abatement of Dangerous Buildings are hereby deleted.
Procedures for appeals, hearings, enforcement of orders, and abatements related to the administrative enforcement procedures in the UCADB shall be in accordance with Chapter 8.30 of the San Bernardino Municipal Code. Except for vacation orders made under Section 404 of the UCADB, enforcementof any notice andorderof the building official is stayedduring the pendencyof an appealtherefrom that is properly and timely filed.
15. 28. 140 Securing dangerous buildings from entry
A. The building official is authorized to securefrom entry any structure that is ordered vacated in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous Buildings and where the building official determines, in his or her sole discretion, that securing the structure is necessary to enforce the order to vacate. The enforcement official may secure such structures using any method deemed appropriate under the circumstances in his or her discretion.
B. It is unlawful to remove a notice to vacate posted in accordance with Chapter 4 of the Uniform Code for the Abatement of Dangerous. Any person who removes a notice to vacate without the expresswritten consentof the City of San Bernardino Building Official is guilty of a misdemeanor, which upon conviction thereof is punishable in accordance with the provisions of Section 1. 12. 010 of the San Bernardino Municipal Code.
C. The building official' s decision to securea structure may be appealedin the samemanner as the issuanceof the underling notice to vacate and asprovided in Section 15.28.020.
15. 28. 150 Recovery of costs of abatement of nuisance
Any costs incurred by the City in connection with the enforcement of the Uniform Code for the Abatement of Dangerous Buildings may be collected by the City according to the procedures specified in Chapter 8. 30 of the San Bernardino Municipal Code.
15. 28. 170 Filing of notice of pendency of administrative proceedings At any time after the Building Official has initiated action to locate and serve the owners with the notice and order referred to in Section 401 of the Uniform Code for the Abatement of Dangerous Buildings, the Building Official or the City Engineer may file with the county recorder a notice of pendency of administrative proceedings which shall constitute notice to any subsequentowner, purchaser, encumbrancerof the property describedtherein or involved in the proceedings, beneficiary of a trust deed, penholder, mortgagee, or any other person holding or claiming any interest of any kind in the property described therein who shall be bound by the 29 of 32 —
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administrative proceedings, including liability for all amounts and costs and expensesassessed against the property as alien for abatement in the same manner as if he had been the owner at the time of commencementof the proceedingsandhad beenproperly servedat that time.
15. 28. 200 Section 103 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
All buildings or structures which are required to be repaired under the provisions of this code shall be subjectto the provisions of the California Building StandardsCodepromulgated by the California Building Standards Commission in Title 24 of the California Code of Regulations, asadoptedand amendedby the City of SanBernardino."
15. 28. 210 Section 205 amended
Section 205, of the Uniform Code for the Abatement of Dangerous Buildings is amended by deleting the section.
15. 28. 220 Section 205 amended
Section 301 of the Uniform Code for the Abatement of Dangerous Buildings is amended to read as follows:
For the purpose of this code, certain terms, phrases, words, and their derivatives shall be construed as specified in either this chapter or as specified in the International Building Code.
Where terms are not defined, they shall have their ordinary accepted meanings within the context with which they are used. Words used in the singular include the plural and plural the singular.
Words used in the masculine gender include the feminine and the feminine the masculine.
BUILDING CODE is the California Building Code, as adoptedand amendedby the City of San Bernardino.
DANGEROUS BUILDING is any building or structure deemed to be dangerous under the provisions of Section 302 of this code.""
SECTION 12. All existing provisions of the San Bernardino Municipal Code that are repeated herein are repeated only to aid decision -makers and the public in understanding the effect of the proposed changes. Restatement of existing provisions does not constitute a new enactment.
SECTION 13. Severability. If any provision of this Ordinance 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 Ordinance are declared to be severable. 30of32—
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SECTION 14. The City Council finds this Ordinance is not subject to the California Environmental Quality Act ( CEQA) in that the activity is coveredby the generalrule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seenwith 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 15. Effective Date. This Ordinance shall become effective thirty ( 30) days after the date of its adoption.
SECTION 16. Notice of Adoption. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and causepublication to occur in a newspaperof general circulation andpublished and circulated in the City in a mannerpermitted under section 36933 of the Government Code of the State of California.
APPROVED and ADOPTED by the Citycil an -aligned by the Mayor and attested by the City Clerk this
18th
day of September2019/277 17'
Attest:
PCf - , ,,
Georgeann Han
T.
MMC, City Clerk
approved as to form:
f ,
Gary D. aenz, City Attorney
John Valdivia, Mayor
City of San Bernardino
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CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, GeorgeannHanna, MMC, CityClerk, herebycertifythattheattachedisatruecopyof Ordinance No. MC - 1521, introducedby the City Councilof the City of SanBernardino, California, ataregularmeetingheldthe0 dayof September2019. OrdinanceNo. MC -1521 was approved, passed, and adopted at a regular meeting held the 18' h
day of September2019by
the following vote:
Council Members:
SANCHEZ
IBARRA
VACANT
SHORETT
NICKEL
RICHARD
MULVIHILL
AYES NAYS ABSTAIN ABSENT
WITNESSmy handandofficial sealof the City of SanBernardinothis 18'' day of September 2019.
LGeorgeannlfan4a, MMC', CityClerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Gabriel Elliott, Director of Community Development & Housing Department: Community Development & Housing
Subject: Amendment No. 1 to the Professional Services Agreement Between the City of San Bernardino and Michael Baker
International for Federal Grant Administration Services (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the professional services agreement between the City of San Bernardino and Michael Baker International, increasing the total compensation by $129,172, not to exceed $373,091.
2. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Michael Baker International.
3. Authorize the City Manager to enter into subsequent amendments related to the scope of work and increases in compensation up to an additional $130,000, not to exceed a total Master Agreement compensation of $403,091.
Executive Summary
This amendment increases the Michael Baker International (MBI) agreement’s total compensation by $129,172 and extends the contract period to June 30, 2026. It also clarifies and expands MBI’s scope of work to include preparation of key Housing and Urban Development required reports and plans, and authorizes the City Manager to approve future amendments based on service needs and available funding, up to an additional $130,000, not to exceed a total Master Agreement compensation of $403,091. The amendment is necessary to account for additional project costs, ensure continued delivery of essential services, and provide flexibility for future amendments.
There is no General Fund impact, as the additional costs will be covered by HOME- ARP, CDBG, and Low-Mod Funds. This amendment supports the City’s strategic goals of improving operational and financial capacity while ensuring the effective
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administration of federal grant programs.
Background
On December 6, 2023, the Mayor and City Council approved a two-year Professional Services Agreement with Michael Baker International (MBI) for Grant Administration Services, totaling $243,919, to support the Housing and Homeless Division’s federally funded programs under the U.S. Department of Housing and Urban Development (HUD), including the Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnerships Program (HOME). This agreement followed the city's release of RFP F-23-58 on July 13, 2023, and the subsequent evaluation process after its closure on August 8, 2023, during which the Purchasing Department received proposals from two consulting firms. MBI was selected based on the Housing Division’s evaluation of the proposals.
Discussion
The City of San Bernardino is an entitlement jurisdiction that annually receives CDBG, ESG, HOME, and other federal funds from HUD and the California Department of Housing and Community Development (HCD). These funds support various city initiatives and programs aimed at providing decent housing, suitable living environments, and expanded economic opportunities, primarily for low- and moderate- income individuals.
Housing staff must comply with a wide range of federal grant requirements to ensure continued funding from HUD. Michael Baker International (MBI) has extensive experience assisting municipalities with various grant-funded programs, including CDBG, HOME, and ESG. Their expertise includes policy and procedure implementation, grant management, environmental services, and reporting program achievements to City constituents and HUD.
This amendment supports the continuation and expansion of critical consulting services necessary to meet the City’s obligations under its federal and state housing and community development programs. It enables the City to respond to evolving project needs—particularly environmental review and labor compliance services associated with the upcoming FY 2025–2026 program year—and major initiatives such as the San Bernardino Housing Outreach and Education Campus (SB HOPE) and the Lutheran Social Services Wellness Campus. Additionally, it ensures the timely preparation of required HUD documentation and plans.
Additionally, the amendment includes a technical correction to the scope of work, clarifying and expanding the Consultant’s responsibilities. This revision ensures the Consultant can provide guidance, training, and assistance in preparing all reports, plans, and documents required by HUD. These include, but are not limited to, the Annual Action Plan, Consolidated Plan, Consolidated Annual Performance and Evaluation Reports (CAPER), and the Analysis of Impediments to Fair Housing (AI), rather than being limited to existing approved plans.
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As a result of these expanded responsibilities, the amendment increases the agreement compensation by $129,172, bringing the total compensation from $243,919 to $373,092, and extends the agreement term from December 6, 2025, to June 30, 2026. The amendment also authorizes the City Manager to approve and execute future amendments to the agreement, with the following restrictions: amendments may address the scope of work and increase compensation up to an additional $130,000, provided the total Master Agreement compensation does not exceed $403,091. This authority is intended to provide administrative flexibility for potential future increases related to continued services in the next fiscal year, without requiring additional Council action, provided those thresholds are not exceeded.
2021-2025 Strategic Targets and Goals
The proposed Consultant Services Agreement meets Mayor and City Council Goal No. 1: Improved Operational and Financial Capacity. Retaining Michael Baker International’s consulting services will allow the city to continue effectively managing and reporting grants.
Fiscal Impact
This Professional Services Agreement amendment has no impact on the General Fund. The increased costs are expected to be covered by existing available HOME- ARP, CDBG, and Low-Mod Funds as follows:
Fund Amount
HOME-ARP $45,000
CDBG 55,295
LOW-MOD $28,877
Total: $129,172
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:
1. Approve Amendment No. 1 to the professional services agreement between the City of San Bernardino and Michael Baker International, increasing the total compensation by $129,172, not to exceed $373,091.
2. Authorize the City Manager to execute Amendment No. 1 to the Professional Services Agreement between the City of San Bernardino and Michael Baker International.
3. Authorize the City Manager to enter into subsequent amendments related to the scope of work and increases in compensation up to an additional $130,000, not to exceed a total Master Agreement compensation of $403,091.
Attachments
Attachment 1 Amendment No.1 to the Professional Service Agreement with Michael Baker International
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Ward:
All Wards
Synopsis of Previous Council Actions:
December 6, 2023 The Mayor and City Council approved a two-year professional services agreement with Michael Baker International for grant administration services.
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AMENDMENT NO. 1 TO
PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC.
This Amendment No. 1 to the Professional Services Agreement for is made and entered into as of May 7 , 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation ( “City”) and Michael Baker International, Inc., a Pennsylvania Corporation, with its principal place of business at 500 Grant Street, Suite 5400, Pittsburgh, PA 15219 ( hereinafter referred to as “Consultant”).
City and Consultant are sometimes referred to herein individually as a “Party” and collectively as “Parties.”
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated December 6, 2023, for the purpose of providing reporting, environmental, monitoring, financial services related to the management and implementation of Federal CDBG, HOME, ESG, and other Federal Funding as applicable (the “Master Agreement”).
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional 6 months and 25 days through June 30, 2026, to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement , and provide the City Manager the authority to enter into future amendments to the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2. S
ervices. The scope of services shall be amended as described in “Exhibit A-2” and will replace “Exhibit A” of the Original Agreement in its entirety.
3. Term. The term of the Master Agreement shall be extended for an additional term of 6 months and 25 days through June 30, 2026, unless earlier terminated.
4. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed one hundred twenty-nine thousand one hundred seventy-two dollars ($129,172), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of three hundred seventy-three thousand ninety-one dollars ($373,091). Work shall be performed at the rates set forth in the Master Agreement.
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5. Amendments. The City Manager shall have the authority to enter into amendments related to the scope of work and increases in compensation up to an additional one hundred thirty thousand dollars ( $130,000) not to exceed a total Master Agreement compensation of four hundred and three thousand ninety one dollars ($403,091).
6. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
7. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.
8. Counterparts . This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT
WITH MICHAEL BAKER INTERNATIONAL, INC
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO
APPROVED BY:
Bill Gallardo
Interim City Manager
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Michael Baker International, Inc.
Signature
Name
Title
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EXHIBIT A-2
Scope of Work
1. Reporting
a. Consultant shall provide guidance, training, and/or prepare all reports and notices as required by the U.S. Department of Housing and Urban Development and State of California and as assigned by the City, including but not limited to, Annual Action Plans, and Consolidated Annual Performance and Evaluation Reports (CAPER), Citizen Participation Plan, Contractor/Subcontractor activity reports and public notices. b. Consultant shall provide guidance, training, and/or prepare all HUD - required reports, notices, and documents necessary to process any City approved amendments to the Consolidated Plan and/or Annual Action Plan. c. Consultant shall provide guidance, training, and/or prepare all reports, plans, or documents as required by the U.S. Department of Housing and Urban Development, including but not limited to the Annual Action Plan, Consolidated Plan, Consolidated Annual Performance and Evaluation Reports (CAPER), and the Analysis of Impediments to Fair Housing (AI). In addition, the Consultant shall complete these documents on behalf of the City, if needed.
2. Environmental
a. Consultant shall provide guidance, training, and/or prepare Environmental Assessments (EA) or Environmental Impact Statements (EIS). b. Consultant shall provide guidance, training, and/or prepare documentation for environmental clearance as required for Community Development Block Grant (CDBG), Emergency Solution Grant (ESG), HOME Investment Partnership Program (HOME), and HOME-ARP projects, including support documents such as a completed checklist, technical studies, reference maps, letters from State Historic Preservation Officer (SHPO), and mailing receipts for categorical exemptions.
3. Monitoring
a. Consultant shall develop a monitoring plan and monitor all CDBG, HOME, HOME-ARP and ESG projects/programs for appropriate records maintenance, reporting and compliance with applicable program requirements as assigned.
b. Consultant shall provide Davis -Bacon Wage compliance and monitoring, and the Section 3 Compliance Report as needed for projects using CDBG, HOME, HOME-ARP and ESG funds.
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c. Consultant shall review, establish, and transmit to the City for the City’s records retention the relevant administrative files.
d. Consultant shall provide guidance, training, setup and input, and maintenance of all activities and narratives in the Integrated Disbursement Information System (IDIS).
e. Consultant shall provide guidance, training, and/or prepare the annual Notice of Funding Availability (NOFA) for CDBG, HOME, HOME -ARP and ESG funding.
f. Consultant shall work with City staff to review submitted funding proposals for completeness and eligibility; assist in the preparation of reports for the City Council concerning the allocation of funds for public service and capital expenditure activities.
g. Consultant shall provide training and technical assistance to all funded sub- recipient for CDBG, HOME, HOME-ARP and ESG program compliance. h. Consultant shall monitor of Sub Grantees (Programmatic and Financial Monitoring).
i. Consultant shall strengthen and solidify the City’s CDBG policies and procedures.
j. Consultant shall coordinate preparation of sub-recipient contracts with City staff, who may coordinate with the City Attorney.
k. Consultant shall review sub-recipients’ invoices for accuracy and eligibility. l. Consultant shall create and maintain files for CDBG, HOME, HOME -ARP and ESG funded projects/programs.
m. Consultant shall, during HUD monitoring, assist the City in gathering and providing requested information to assure compliance with HUD and State requirements.
n. Consultant shall provide research and analysis as requested by City. o. Consultant shall attend public meetings as needed.
p. Consultant shall provide any such other services as required to properly administer the City’s CDBG, HOME, HOME-ARP and ESG programs. q. Consultant shall provide quarterly status reports on the status of work programs/projects assigned unless otherwise approved by the City. r. Consultant shall work as required to accomplish the tasks set forth above.
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4. Financial
a. Consultant shall review requests for quarterly reimbursement to ensure contract compliance; answer all questions regarding regulatory, program, financial compliance to federal laws; and strengthen the City’s existing CDBG policies and procedures, if necessary.
b. Consultant shall ensure proper completion and submission of all financial and performance reports required by the program (e.g., monthly, quarterly, annual, close- out, etc.).
c. Consultant shall review all invoices for compliance according to City and HUD regulations.
d. Consultant shall prepare all documents required by the CDBG Program for the City to receive the Authority to Use Grant Funds from the CDBG Program.
e. Consultant shall prepare all CDBG drawdown requests and will ensure that the City receives participating expenditure reimbursements as expeditiously as possible.
f. Consultant shall prepare monthly budget updates for City staff. g. Consultant shall ensure that required documents are submitted in a timely manner.
5. Other Services/Expectations
a. Consultant shall act as the primary point of contact for the public and City staff for all CDBG program questions.
b. Consultant shall maintain regular communications with the City’s staff and HUD representative and attend check-in meetings as needed. c. Consultant shall prepare staff reports and presentations for public meetings. d. Consultant shall provide presentations and respond to program questions at all CDBG public meetings.
e. Consultant shall prepare, for the City, all CDBG -related advertisement language and the City will submit to the newspaper; City will cover cost of advertising.
f. Consultant firm will assign one primary point -of-contact to work with City staff. This lead contact will oversee all CDBG program tasks and act as the primary communicator with the City.
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g. Consultant shall respond to or acknowledge written and verbal inquiries from City staff or members of the public within 24 hours. This includes responses to regulatory, program compliance, and financial questions from City staff and subrecipients.
h. Consultant shall provide regular updates to the CDBG web page in coordination with City staff.
i. Consultant shall maintain a shared document for an on- going task list for program management that includes weekly status updates. j. Consultant shall meet with City staff for a weekly status check-in as needed. k. Consultant should proactively provide streamlining and process improvement suggestions for administering the CDBG program. (hereinafter referred to as “the Project”).
l. Consultant is duly licensed and has the necessary qualifications to provide such services.
m. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
Invoices presented to the City will contain an itemized description of the work performed and the date and amount for each charge. Charges will be itemized by task and identified as eligible under general grant administration according to HUD Guidelines. Consultant shall invoice the City monthly.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Ernesto Salinas, Interim Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: Approval of a Funding Agreement with the County of San Bernardino in the amount of $569,250 with $189,750 of
City matching funds for Newmark Field Improvements
(Ward 4)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025-280:
1. Authorizing the City Manager, or designee, to execute a Funding Agreement with the County of San Bernardino to receive $569,250 in County funds for Newmark Field Improvements; and
2. Approve matching funding in the amount of $189,750 from the City’s CIP Fund; and
3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds; and
4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $758,425 for the Newmark Field Improvements.
Executive Summary
This Funding Agreement with the County of San Bernardino (“County”) will provide $569,250 in additional funding assistance from the County for baseball field improvements at Newmark Fields. The term of the Funding Agreement is through April 28, 2027 with a matching minimum contribution of $189,750 from the City’s CIP Fund for a total of $758,425 for the Newmark Field improvements.
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Background
Over the past several years, the San Bernardino County Board of Supervisors has been a generous and consistent supporter of the City’s parks and public infrastructure. Their contributions have also played a significant role in funding much- needed repairs and improvements to ballfields across the City.
In response to the aging infrastructure and growing community needs, the City has made it a priority to address deferred maintenance and enhance the overall condition of its ballfields. Efforts have included the repair and replacement of dugouts, backstops, perimeter and interior fencing, shade structures, and walkways, as well as improvements to parking lot surfaces and related amenities at Parks.
The ongoing support from the County has been instrumental in helping the City move forward and quicker with these enhancements, ensuring that local recreational facilities remain safe, functional, and welcoming for residents and visitors alike.
Discussion
This Funding Agreement with the County will provide $569,250 in funding assistance for much-needed baseball field improvements at Newmark Field. The funding comes from the County’s Fifth District through the County’s District Specific Priorities Program. This program utilizes the County Board of Supervisors Discretionary Fund, which allows each Supervisor to provide financial assistance for specific programs and projects within their district. The funding assistance for Newmark Fields is being provided for the following specific improvements, which are outlined under Section B.1 of the Funding Agreement:
Table 1 Improvement Projects at Newmark Park
Item Description
Upgrade dugouts at main field Landscaping at main
entrance
Repair and paint backstop
fencing at main field
Install new entry sign
Add fencing and raise backstop
at softball field
Repair fencing throughout the
park
Install permanent shade
structure at all dugout
Add concrete walkways
throughout bleachers
Slurry seal and restripe parking
lot
The terms of the Funding Agreement require the improvements to be completed by April 28, 2027. The County may provide an extension if requested by the City in writing; however, the extension cannot exceed twelve (12) months, nor can it result in a change to the project goals or scope of services. It is important to note that the
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County’s Fifth District Supervisor is the final authority in all matters pertaining to the agreement’s terms, services, and scope of work; any extension will require the Fifth District Supervisor’s approval, and any amendments to the agreement must be approved by the full Board of Supervisors.
Additionally, the Funding Agreement requires the City to provide a minimum matching contribution of at least 25% of the agreement amount. This equates to a minimum match of $189,750 from the CIP Fund.
The Funding Agreement must first be approved by the Mayor and City Council before going to the entire County Board of Supervisors for final approval. County staff anticipate bringing the Funding Agreement for Board approval at their May 2025, Board Meeting, provided the agreement is approved by the City’s Mayor and City Council.
2021-2025 Strategic Targets and Goals
Authorizing the Funding Agreement with the County of San Bernardino for Newmark Field Improvements aligns with Strategic Target No. 3: Improved Quality of Life.
Fiscal Impact
There is no fiscal impact as the match requirement is satisfied using available funding in the CIP fund from projects that have excess funding.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2025-280:
1. Authorize the City Manager, or designee, to execute a Funding Agreement with the County of San Bernardino to receive $569,250 in County funds for Newmark Field improvements; and
2. Approve matching funding in the amount of $189,750 from the City’s CIP Fund; and
3. Authorize the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds; and
4. Authorize the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $758,425 for the Newmark Field improvements.
Attachments
Attachment 1 – Resolution No. 2025-280
Attachment 2 – County Funding Agreement
Ward:
Fourth Ward
Synopsis of Previous Council Actions: N/A
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Resolution No. 2025-280
Resolution 2025-280
May 7, 2025
6 9
3 2
RESOLUTION NO. 2025-280
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
EXECUTE THE FUNDING AGREEMENT WITH THE
COUNTY OF SAN BERNARDINO TO RECEIVE $569,250 IN
COUNTY FUNDS FOR NEWMARK FIELD
IMPROVEMENTS, APPROVING MATCH FUNDING IN
THE AMOUNT OF $189,750 FROM THE CITY’S CIP FUND,
AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO
CONDUCT ALL ADDITIONAL NEGOTIATIONS,
SIGNINGS, AND SUBMITTALS OF NECESSARY
DOCUMENTS TO RECEIVE THE COUNTY FUNDS, AND
AUTHORIZING THE DIRECTOR OF FINANCE AND
MANAGEMENT SERVICES TO AMEND THE FY 2024/25
BUDGET IN BOTH REVENUES AND EXPENDITURES,
AND APPROPRIATE $758,425 FOR THE NEWMARK
FIELD IMPROVEMENTS.
WHEREAS, the City of San Bernardino staff have identified necessary improvements needed at Newmark Park and ballfields, and
WHEREAS, the Fifth District San Bernardino County Supervisor office has secured funding through the County District Specific Priorities Program which allows District Supervisors to provide financial assistance for specific programs and projects within their district, and WHEREAS, County of San Bernardino Supervisor Joe Baca, has selected the City of San Bernardino’s Newmark Park and Ballfield to receive funding through the County District Priorities Program, and
WHEREAS, the funding from the County District Specific Priorities Program will provide for improvements and repairs to the park and ballfields, including ballfield amenity upgrades, landscaping, backstop fencing and repair, shade structures, new signage, and parking lot slurry and restriping.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this reference.
SECTION 2. Mayor and City Council hereby authorize the City Manager, or designee, to execute the Funding Agreements with the County of San Bernardino to receive $569,250 in County funds for Newmark Field improvements.
SECTION 3. Mayor and City Council approve the match funding in the amount of
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Resolution No. 2025-280
Resolution 2025-280
May 7, 2025
6 9
3 2
$189,750 from the City’s CIP Fund.
SECTION 4. Mayor and City Council authorize the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds.
SECTION 5. Mayor and City Council hereby authorize the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures and appropriate $758,425 for the Newmark Field Improvements.
SECTION 6. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.
SECTION 7. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 8. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 7th day of May 2025.
Helen Tran, Mayor
City of San Bernardino
Attest:
Telicia Lopez, CMC, Acting City Clerk
Approved as to form:
Sonia Carvalho, City Attorney
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Resolution No. 2025-280
Resolution 2025-280
May 7, 2025
6 9
3 2
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2024-280, adopted at a regular meeting held on the 7 th day of May 2025 by the following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ
IBARRA
FIGUEROA
SHORETT
FLORES
KNAUSS
ORTIZ
WITNESS my hand and official seal of the City of San Bernardino this day of 2025.
Telicia Lopez, CMC, City Clerk
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Standard Contract Page 1 of 25
THE INFORMATION IN THIS BOX IS NOT A PART OF THE CONTRACT AND IS FOR COUNTY USE ONLY Board of Supervisors
Department Contract Representative Penelope Chang
Telephone Number 909-387-4886
Contractor City of San Bernardino
Contractor Representative Ernesto Salinas
Public Works Manager
Telephone Number 909-332-0968
Contract Term 04/29/2025 – 04/28/2027
Original Contract Amount Not-to-Exceed $569,250
Amendment Amount
Total Contract Amount Not-to-Exceed $569,250
Cost Center 1025001000
IT
IS HEREBY AGREED AS FOLLOWS:
WHEREAS, it is the policy of the Board of Supervisors (Board) to work with community partners through services provided by San Bernardino County (County) and contra ctual agreements to identify programs, projects, and initiatives, that support the mission of the County, and to provide services to citizens that promote health, safety, economic well-being, education, recreation, and other public services that enhance quality of life, and meet the needs of the County’s citizens;
WHEREAS, under Government Code sections 26224 and 26227 the Board may contract with certain entities to provide certain services to County residents;
WHEREAS, the County desires to provide funding to the City of San Bernardino (Contractor) for the Newmark Ballfield Upgrade Project (Newmark Upgrade Project or Services); WHEREAS, the County would like Contractor to provide these Services; WHEREAS, the County finds Contractor qualified to provide the Services which include field and fence repairs, install shade structures and concrete walkways, parking lot asphalt repair, and landscaping at the main entrance of the Newmark Ballfield located at 3898 N. Pershing Ave., San Bernardino; Contract Number
SAP Number
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WHEREAS, providing funding to Contractor for the Newmark Upgrade Project serves the public purpose of promoting the health, safety, recreational and social service needs of the residents of City of San Bernardino and surrounding community and assists the Fifth District Supervisor with supporting the County’s vision to promote health, safety, and social service needs of County residents; and WHEREAS, the County residents of San Bernardino and the surrounding communities of the Fifth District will be served by the Newmark Upgrade Project; and
WHEREAS, the County desires that such Services be provided by Contractor and Contractor agrees to perform these services as set forth below.
NOW, THEREFORE, the County and Contractor mutually agree to the following terms and conditions:
A. PURPOSE OF CONTRACT
This Contract is made for the purpose of providing funding to support Contractor for the Newmark Ballfield Upgrade Project.
B. CONTRACTOR RESPONSIBILITIES AND SCOPE OF SERVICES
B.1 Funding arising out of this Contract will be used for a scope of Services to assist Contractor with funding towards the Newmark Upgrade Project that includes the following scope:
B.1.1 Upgrade and raise dugouts at main field
B.1.2 Repair and paint backstop fencing at main field
B.1.3 Add fencing and raise backstop at softball field
B.1.4 Install permanent shade structures at all dugouts B.1.5 Repair fencing throughout the park
B.1.6 Add concrete walkways throughout bleachers
B.1.6 Slurry seal and restripe parking lot
B.1.7 Landscape at main entrance
B.1.8 Install a new entry sign
B.2 Contractor shall allow the County, its officers, agents and employees the privilege and right to on- site inspection of Newmark Upgrade Project for t he duration of this Contract. Contractor will ensure that its employees or agents furnish any information that in the judgment of the County, may be relevant to a question of compliance with contractual conditions, or the effectiveness, legality, and achievements of the program.
B.3 Contractor shall provide the County all documen tation regarding the scope of Services covered by this Contract that the County requests from Contractor within 10 days of County’s request unless a different time is agreed to by the County.
B.4 Contractor shall provide the County with documentation supporting completion of the project within 60 days of project completion.
B.5 Contractor acknowledges and agrees that it will make a matching contribution of at least 25% of the total cost of the project. Contractor’s matching contribution will be a minimum of $189,750.
C. GENERAL CONTRACT REQUIREMENTS
C.1 Recitals
The recitals set forth above are true and correct and incorporated herein by this reference.
C.2 Contract Amendments
Contractor agrees any alterations, variations, modifications, or waivers of the provisions of the Contract, shall be valid only when reduced to writing, executed and attached to the original Contract and approved by the person(s) authorized to do so on behalf of Contractor and County.
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C.3 Contract Assignability
Without the prior written consent of the County, the Contract is not assignable by Contractor either in whole or in part. Any attempt by Contractor to assign any performance of the terms of this Contract shall be null and void and shall constitute a material breach of this Contract.
C.4 Contract Exclusivity
This is not an exclusive Contract. The County reserves the right to enter into a contract with other contractors for the same or similar services. The County does not guarantee or represent that the Contractor will be permitted to perform any minimum amount of work, or receive compensation other than on a per order basis, under the terms of this Contract.
C.5 Attorney’s Fees and Costs
If any legal action is instituted to enforce any party’s rights hereunder, each party shall bear its own costs and attorney’s fees, regardless of who is the prevailing party. This paragraph shall not apply to those costs and attorney’s fees directly arising from a third-party legal action against a party hereto and payable under Indemnification and Insurance Requirements.
C.6 Background Checks for Contractor Personnel
Contractor shall ensure that its personnel (a) are authorized to work in the jurisdiction in which they are assigned to perform Services; (b) do not use legal or illegal substances in any manner which will impact their ability to provide Services to the County; and (c) are not otherwise disqualified from performing the Services under applicable law. If requested by the County and not in violation of applicable law, Contractor sh all conduct a background check, at Contractor’s sole expense, on all its personnel providing Services. If requested by the County, Contractor shall provide the results of the background check of each individual to the County. Such background check shall be in the form generally used by Contractor in its initial hiring of employees or contracting for contractors or, as applicable, during the employment-screening process but must, at a minimum, have been performed within the preceding 12-month period. Contractor personnel who do not meet the County’s hiring criteria, in County’s sole discretion, shall not be assigned to work on County property or Services, and County shall have the right, at its sole option, to refuse access to any Contractor personnel to any County facility.
C.7 Change of Address
Contractor shall notify the County in writing, of any change in mailing address within ten (10) business days of the change.
C.8 Choice of Law
This Contract shall be governed by and construed according to the laws of the State of California.
C.9 Compliance with County Policy
In performing the Services and while at any Count y facilities, Contractor personnel (including subcontractors) shall (a) conduct themselves in a businesslike manner; (b) comply with the policies, procedures, and rules of the County regarding health and safety, and personal, professional and ethical conduct; (c) comply with the finance, accounting, banking, Internet, security, and/or other applicable standards, policies, practices, processes, procedures, and controls of the County; and (d) abide by all laws applicable to the County facilities and the provision of the Services, and all amendments and modifications to each of the documents listed in subsections (b), (c), and (d) (collectively, “County Policies”). County Policies, and additions or modifications thereto, may be communicated orally or in writing to Contractor or Contractor personnel or may be made available to Contractor or Contractor personnel by conspicuous posting at a County facility, electronic posting, or other means generally used by County to disseminate such information to its employees or contractors. Contractor shall be responsible for the promulgation and distribution of County Policies to Contractor personnel to the extent necessary and appropriate.
County shall have the right to require Contract or’s employees, agents, representatives and
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subcontractors to exhibit identification credentials issued by County in order to exercise any right of access under this Contract.
C.10 Confidentiality
Contractor shall protect from unauthorized use or disclosure the names and other identifying information concerning persons receiving Services pursuant to this Contract, except for statistical information not identifying any participant. Contractor shall not use or disclose any identifying information for any purpose other than carrying out the Contractor's obligations under this Contract, except as may otherwise be required by law. This provision will remain in force even after the termination of the Contract.
C.11 Primary Point of Contact
Contractor will designate an individual to serve as the primary point of contact for the Contract.
Contractor or designee must respond to County inquiries within two (2) business days. Contractor shall not change the primary contact without written acknowledgement to the County. Contractor will also designate a back-up point of contact in the event the primary contact is not available.
C.12 County Representative
The Fifth District Supervisor or his/her designee shall represent the County in all matters pertaining to the Services to be rendered under this Contract, including termination and assignment of this Contract, and shall be the final authority in all matters pertaining to the Services/Scope of Work by Contractor. Except as provided under Section D of this Contract or as otherwise delegated by the Board of Supervisors, if this Contract was initially approved by the San Bernardino County Board of Supervisors, then the Board of Supervisors must approve all amendments to this Contract.
C.13 Damage to County Property
Contractor shall repair, or cause to be repaired, at its own cost, all damages to County vehicles, facilities, buildings or grounds caused by the willful or negligent acts of Contractor or its employees or agents. Such repairs shall be made immediately after Contractor becomes aware of such damage, but in no event later than thirty (30) days after the occurrence.
If the Contractor fails to make timely repairs, the County may make any necessary repairs. The Contractor, as determined by the County, shall repay all costs incurred by the County for such repairs, by cash payment upon demand, or County may deduct such costs from any amounts due to the Contractor from the County, as determined at the County’s sole discretion.
C.14 Debarment and Suspension
Contractor certifies that neither it nor its principals or subcontractors is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov).
Contractor further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.
C.15 Drug and Alcohol Free Workplace
In recognition of individual rights to work in a safe, healthful and productive workplace, as a material condition of this Contract, the Contractor agrees that the Contractor and the Contractor’s employees, while performing service for the County, on County property, or while using County equipment:
C.15.1 Shall not be in any way impaired because of being under the influence of alcohol or an illegal or controlled substance.
C.15.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal or controlled substance.
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C.15.3 Shall not sell, offer, or provide alcohol or an illegal or controlled substance to another person, except where Contractor or Cont ractor’s employee who, as part of the performance of normal job duties and responsibilities, prescribes or administers medically prescribed drugs.
The Contractor shall inform all employees that are performing service for the County on County property, or using County equipment, of the County’s objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for the County.
The County may terminate for default or breach of this Contract and any other Contract the Contractor has with the County, if the Contractor or Contractor’s employees are determined by the County not to be in compliance with above.
C.16 Duration of Terms
This Contract, and all of its terms and conditions, shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, successors, and assigns of the respective parties, provided no such assignment is in violation of the provisions of this Contract.
C.17 Employment Discrimination
During the term of the Contract, Contractor shall not discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condi tion, genetic information, marital status, sex, gender, gender identity, gender expression, sexual orientation, age, or military and veteran status.
Contractor shall comply with Executive Orders 11246, 11375, 11625, 12138, 12432, 12250, 13672, Title VI and Title VII of the Civil Rights Act of 1964, the California Fair Employment and Housing Act and other applicable Federal, State and County laws and regulations and policies relating to equal employment and contracting opportunities, including laws and regulations hereafter enacted.
C.18 Environmental Requirements
In accordance with County Policy 11-08, the County prefers to acquire and use products with higher levels of post-consumer recycled content. Environmentally preferable goods and materials must perform satisfactorily and be available at a reasonable price. The County requires Contractor to use recycled paper for any printed or photocopied material created as a result of this Contract. Contractor is also required to use both sides of paper sheets for reports submitted to the County whenever practicable.
To assist the county in meeting the reporting requirements of the California Integrated Waste Management Act of 1989 (AB 939), Contractor must be able to annually report the County’s environmentally preferable purchases. Contractor must also be able to report on environmentally preferable goods and materials used in the provision of their service to the County, utilizing a County approved form.
C.19 Improper Influence
Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.
C.20 Improper Consideration
Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee or agent of the County in an attempt to secure favorable treatment regarding this Contract.
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The County, by written notice, may immediately terminate this Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee or agent of the County with respect to the proposal and award process. This prohibition shall apply to any amendment, extension or evaluation process once a contract has been awarded.
Contractor shall immediately report any attempt by a County officer, employee or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.
C.21 Informal Dispute Resolution
In the event the County determines that service is unsatisfactory, or in the event of any other dispute, claim, question or disagreement arising from or relating to this Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question or disagreement.
To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.
C.22 Legality and Severability
The parties’ actions under the Contract shall comply with all applicable laws, rules, regulations, court orders and governmental agency orders. The provisions of this Contract are specifically made severable. If a provision of the Contract is terminated or held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full effect.
C.23 Licenses, Permits and/or Certifications
Contractor shall ensure that it has all necessary licenses, permits and/or certifications required by the laws of Federal, State, County, and municipal laws, ordinances, rules and regulations. The Contractor shall maintain these licenses, permits and/or certifications in effect for the duration of this Contract. Contractor will notify County i mmediately of loss or suspension of any such licenses, permits and/or certifications. Failure to maintain a required license, permit and/or certification may result in immediate termination of this Contract.
C.24 Material Misstatement/Misrepresentation
If during the course of the administration of this Contract, the County determines that Contractor has made a material misstatement or misrepresentation or that materially inaccurate information has been provided to the County, this Contract may be immediately terminated. If this Contract is terminated according to this provision, the County is entitled to pursue any available legal remedies.
C.25 Mutual Covenants
The parties to this Contract mutually covenant to perform all of their obligations hereunder, to exercise all discretion and rights granted hereunder, and to give all consents in a reasonable manner consistent with the standards of “good faith” and “fair dealing”.
C.26 Nondisclosure
Contractor shall hold as confidential and use reasonable care to prevent unauthorized access by, storage, disclosure, publication, dissemination to and/or use by third parties of, confidential information that is either: (1) provided by the County to Contractor or an agent of Contractor or otherwise made available to Contractor or Contractor’s agent in connection with this Contract; or, (2) acquired, obtained, or learned by Contractor or an agent of Contractor in the performance of this Contract. For purposes of this provision, confidential information means any data, files, software, information or materials in oral, electronic, tangible or intangible form and however stored, compiled or memorialize and includes, but is not limited to, technology infrastructure, architecture, financial
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data, trade secrets, equipment specifications, user lists, passwords, research data, and technology data.
C.27 Notice of Delays
Except as otherwise provided herein, when either party has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of this Contract, that party shall, within twenty-four (24) hours, give notice thereof, including all relevant information with respect thereto, to the other party.
C.28 Ownership of Documents
All documents, data, products, graphics, computer programs and reports prepared by Contractor pursuant to the Contract shall be considered property of the County upon payment for Services (and products, if applicable). All such items shall be delivered to County at the completion of work under the Contract, subject to the requirements of Section IV–Term of the Contract. Unless otherwise directed by County, Contractor may retain copies of such items.
C.29 RESERVED.
C.30 Air, Water Pollution Control, Safety and Health
Contractor shall comply with all air pollution control, water pollution, safety and health ordinances and statutes, which apply to the work performed pursuant to this Contract.
C.31 Records
Contractor shall maintain all records and books pertaining to the delivery of Services under this Contract and demonstrate accountability for Contract performance. All records shall be complete and current and comply with all Contract requirements. Failure to maintain acceptable records shall be considered grounds for withholding of payments for invoices submitted and/or termination of the Contract.
All records relating to the Contractor’s personnel, consultants, subcontractors, Services/Scope of Work and expenses pertaining to this Contract shall be kept in a generally acceptable accounting format. Records should include primary source documents. Fiscal records shall be kept in accordance with Generally Accepted Accounting Principles and must account for all funds, tangible assets, revenue and expenditures. Fiscal records must comply with the appropriate Office of Management and Budget (OMB) Circulars, which state the administrative requirements, cost principles and other standards for accountancy.
C.32 Relationship of the Parties
Nothing contained in this Contract shall be construed as creating a joint venture, partnership, or employment arrangement between the Parties hereto, nor shall either Party have the right, power or authority to create an obligation or duty, expressed or implied, on behalf of the other Party hereto.
C.33 Release of Information
No news releases, advertisements, public ann ouncements or photographs arising out of the Contract or Contractor’s relationship with County may be made or used without prior written approval of the County.
C.34 Representation of the County
In the performance of this Contract, Contractor, its agents and employees, shall act in an independent capacity and not as officers, employees, or agents of the San Bernardino County.
C.35 Strict Performance
Failure by a party to insist upon the strict performance of any of the provisions of this Contract by the other party, or the failure by a party to exercise its rights upon the default of the other party,
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shall not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Contract thereafter.
C.36 Subcontracting
Contractor shall obtain County’s written consent, which County may withhold in its sole discretion, before entering into Contracts with or otherwise engaging any subcontractors who may supply any part of the Services to County. At County’ s request, Contractor shall provide information regarding the subcontractor’s qualifications and a listing of a subcontractor’s key personnel including, if requested by the County, resumes of proposed subcontractor personnel. Contractor shall remain directly responsible to County for its subcontractors and shall indemnify County for the actions or omissions of its subcontractors under the terms and conditions specified in Section G. All approved subcontractors shall be subject to the provisions of this Contract applicable to Contractor Personnel.
For any subcontractor, Contractor shall:
C.36.1 Be responsible for subcontractor compliance with the Contract and the subcontract terms and conditions; and
C.36.2 Ensure that the subcontractor follows C ounty’s reporting formats and procedures as specified by County.
C.36.3 Include in the subcontractor’s subcontract substantially similar terms as are provided in Sections B. Contractor Responsibilities and C. General Contract Requirements.
Upon expiration or termination of this Contract for any reason, County will have the right to enter into direct Contracts with any of the Subcontractors. Contractor agrees that its arrangements with Subcontractors will not prohibit or restrict such Subcontractors from entering into direct Contracts with County.
C.37 Subpoena
In the event that a subpoena or other legal process commenced by a third party in any way concerning the Goods or Services provided under this Contract is served upon Contractor or County, such party agrees to notify the other party in the most expeditious fashion possible following receipt of such subpoena or other legal process. Contractor and County further agree to cooperate with the other party in any lawful effort by such other party to contest the legal validity of such subpoena or other legal process commenced by a third party as may be reasonably required and at the expense of the party to whom the legal process is directed, except as otherwise provided herein in connection with defense obligations by Contractor for County.
C.38 Termination for Convenience
The County and the Contractor each reserve the right to terminate the Contract, for its convenience, with or without cause, with a thirty (30) day written notice of termination. Such termination may include all or part of the Services described herein. Upon such termination, payment will be made to the Contractor for Services rendered and expenses reasonably incurred prior to the effective date of termination. Upon receipt of termination notice Contractor shall promptly discontinue Services unless the notice directs otherwise. Contractor shall deliver promptly to County and transfer title (if necessary) all completed work, and work in progress, including drafts, documents, plans, forms, dat a, products, graphics, computer programs and reports.
County may immediately terminate this Contract upon the termination, suspension, discontinuation or substantial reduction in County funding for the Contract activity or if for any reason the timely completion of the Services described in Section A or B under this Contract is rendered improbable, infeasible or impossible.
Upon Contract termination, Contractor shall immediately transfer to County all County Funds on hand at the time of expiration and any accounts receivable attributable to the use of County Funds.
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C.39 Time of the Essence
Time is of the essence in performance of this Contract and of each of its provisions.
C.40 Venue
The parties acknowledge and agree that this Contract was entered into and intended to be performed in San Bernardino County, California. The parties agree that the venue of any action or claim brought by any party to this Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue. If any action or claim concerning this Contract is brought by any third party and filed in another venue, the parties hereto agree to use their best efforts to obtain a change of venue to the Superior Court of California, San Bernardino County, San Bernardino District.
C.41 Conflict of Interest
Contractor shall make all reasonable efforts to ensure that no conflict of interest exists between its officers, employees, or subcontractors and t he County. Contractor shall make a reasonable effort to prevent employees, Contractor, or members of governing bodies from using their positions for purposes that are, or give the appearance of being motivated by a desire for private gain for themselves or others such as those with whom they have family business, or other ties.
Officers, employees, and agents of cities, counties, districts, and other local agencies are subject to applicable conflict of interest codes and state law. In the event the County determines a conflict of interest situation exists, any increase in costs, associated with the conflict of interest situation, may be disallowed by the County and such conflict may constitute grounds for termination of the Contract. This provision shall not be construed to prohibit employment of persons with whom Contractor’s officers, employees, or agents have family, business, or other ties so long as the employment of such persons does not result in increased costs over those associated with the employment of any other equally qualified applicant.
C.42 Former County Administrative Officials
Contractor agrees to provide, or has already provided information on former San Bernardino County administrative officials (as defined below) who are employed by or represent Contractor.
The information provided includes a list of former County administrative officials who terminated County employment within the last five years and who are now officers, principals, partners, associates or members of the business. The in formation also includes the employment with or representation of Contractor. For purposes of th is provision, “County administrative official” is defined as a member of the Board of Supervisors or such officer’s staff, County Executive Officer or member of such officer’s staff, County dep artment or group head, assistant department or group head, or any employee in the Exempt Group, Management Unit or Safety Management Unit.
C.43 Disclosure of Criminal and Civil Procedures
The County reserves the right to request the information described herein from the Contractor.
Failure to provide the information may result in a termination of the Contract. The County also reserves the right to obtain the requested information by way of a background check performed by an investigative firm. The Contractor also may be requested to provide information to clarify initial responses. Negative information discovered may result in Contract termination.
Contractor is required to disclose whether the firm , or any of its partners, principals, members, associates or key employees (as that term is defined herein), within the last ten years, has been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense arising directly or indirectly from the conduct of the firm’s business, or whether the firm, or any of its partners, principals, members, associates or key employees, has within the last ten years, been indicted on or had charges brought against it or them (if still pending) or convicted of any crime or offense involving financial misconduct or fraud. If the response is affirmative, the Contractor will be asked to describe any such i ndictments or charges (and the status thereof), convictions and the surrounding circumstances in detail.
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In addition, the Contractor is required to disclose whether the firm, or any of its partners, principals, members, associates or key employees, within the last ten years, has been the subject of legal proceedings as defined herein arising directly from the provision of Services by the firm or those individuals. “Legal proceedings” means any civil actions filed in a court of competent jurisdiction, or any matters filed by an administrative or regulat ory body with jurisdiction over the firm or the individuals. If the response is affirmative, the Contractor will be asked to describe any such legal proceedings (and the status and disposition thereof) and the surrounding circumstances in detail.
For purposes of this provision “key employees” includes any individuals providing direct service to the County. “Key employees” do not include clerical personnel providing service at the firm’s offices or locations.
C.44 Copyright
County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under this Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of this Contract shall acknow ledge the San Bernardino County as the funding agency and Contractor as the creator of the publication. No such materials, or properties produced in whole or in part under this Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printer material, and periodicals, assembled pursuant to this Contract must be filed with the County prior to publication.
C.45 Artwork, Proofs and Negatives
All artwork, proofs, and/or negatives in either print or digital format for anything produced under the terms of this Contract are the property of the County. These items must be returned to the County within ten (10) days, upon written notification to the Contractor. In the event of a failure to return the documents, the County is entitled to pursue any available legal remedies. In addition, the Contractor will be barred from all future solicitations, for a period of at least six (6) months.
C.46 Reserved
C.47 Prevailing Wage Laws
By its execution of this Contract, Contractor ce rtifies that it is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq. as well as California Code of Regulations, Title 8, Section 16000 et seq. (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. Section 1720 of the California Labor Code states in part: “For purposes of this paragraph, ‘construction’ includes work performed during the design, site assessment, feasibility study, and other preconstruction phases of construction including, but not limited to, inspection and land surveying work…” If the Services/Scope of Work are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Contractor’s principal place of business and at the project site. Contractor will also adhere to any other applicable requirements, including but not limited to, those regarding the employment of apprentices, travel and subsistence pay, retention and inspection of payroll records, workers compensation and forfeiture of penalties prescribed in the Labor Code for violations. Contractor shall defend, indemnify and hold the County, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply
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with Prevailing Wage Laws. See Attachment A, which is attached and incorporated by reference, for additional information regarding Prevailing Wage Laws. Contractor shall comply with all applicable terms and conditions in Attachment A. The applicable general prevailing wage determinations are on file with the County and are available to any interested party on request.
Contractor shall post a copy of the applicable prevailing wage determinations at the job site.
D. TERM OF CONTRACT
The Contract is effective as of April 29, 2025 and expires April 28, 2027 but may be terminated earlier in accordance with provisions of this Contract.
The County Chief Executive Officer, at the direction of the Fifth District Supervisor, may extend the term of the Contract, in writing, to allow Contractor to complete all requirements in the Contract under the following conditions:
a. In aggregate all extensions do not exceed twelve (12) calendar months; b. Are specifically requested by Contractor;
c. Will not change the project goals or scope of Services; d. Are in the best interests of County and Contractor in performing the scope of Services under this Contract; and
e. Do not alter the amount of compensation under this Contract.
E. RESERVED.
F. FISCAL PROVISIONS
F.1 The maximum amount of payment under this Contract shall not exceed $569,250 and is subject to availability of funds to the County. The consideration to be paid to Contractor, as provided herein, shall be in full payment for all Contractor’s Services and expenses incurred in the performance hereof, including travel and per diem.
F.2 Any costs in excess of the amount available in this section shall be the sole responsibility of Contractor. This condition however, does not preclude County from providing additional funding at its sole discretion. For the purpose of this Contract, County shall disburse compensation and monitor the Contractor’s performance in satisfying the scope of work obligations under the terms of this Contract.
Disbursement of funds to Contractor shall be made in one lump sum. Upon review/approval by County, County shall make payment to Contractor within thirty (30) working days after receipt of Contractor’s invoice or the resolution of any b illing dispute. Contractor shall email County the Contractor’s invoice requesting one lump sum payment. The invoice(s) shall reflect the Entity Payable To Name and Address, Invoice Date, Invoice Number, Project Name, Contract Number, County-Issued Purchase Order (if applicable), the text “Final Invoice”, amount due, in a format acceptable to the County for Services performed under this Contract. Contractor shall email invoice to County Administrative Office-Finance and Administration (County Finance) and shall include in the Subject Line: BOS – ENTITY NAME – PROJECT NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]” (i.e. BOS-SAN BERNARDINO COUNTY-EDUCATION PROGRAM — 25-NNN – PO 4100NNNNNN).
Contractor shall submit a final expenditure report documented with “audit ready” supportive evidence of each expenditure and proof of payment until all funds have been justified 60 days after project completion. Documentation shall be submitted electronically, and Contractor shall supply hard copies upon request by County. Supportive evidence shall include, but is not limited to, copy of County’s approval email to Contractor, quotes, copy(ies) of purchase order, packing slips, a copy of the invoice submitted by Contractor requesting one lump sum payment from County, invoices paid by the Contractor for this project, proof of payment, etc., to County Finance.
Email to County Finance shall include in the Subject Line: BOS – ENTITY NAME – PROJECT
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NAME – CONTRACT NUMBER – PO # [PURCHASE ORDER NUMBER]”-SUPPORTIVE DOCUMENTS.
F.3 Contractor shall accept all payments from Coun ty via electronic funds transfer (EFT) directly deposited into the Contractor’s designated checking or other bank account. Contractor shall promptly comply with directions and accurately complete forms provided by County required to process EFT payments.
F.4 County is exempt from Federal excise taxes and no payment shall be made for any personal property taxes levied on Contractor or on any taxes levied on employee wages. The County shall only pay for any State or local sales or use taxes on the Services rendered or equipment and/or parts supplied to the County pursuant to the Contract.
F.5 Costs for Services under the terms of this Contract shall be incurred during the contract period except as approved by County. Contractor shall not use current year funds to pay prior or future year obligations.
F.6 Funds made available under this Contract sha ll not supplant any federal, state or any governmental funds intended for Services of the same nature as this Contract. Contractor shall not claim reimbursement or payment from County for, or apply sums received from County with respect to that portion of its obligations that have been paid by another source of revenue.
Contractor agrees that it will not use funds received pursuant to this Contract, either directly or indirectly, as a contribution or compensation for purposes of obtaining funds from another revenue source without prior written approval of the County.
F.7 Contractor shall adhere to the County’s Travel Management Policy (8-02 and 08-02SP1) when travel is pursuant to this Contract and for whic h reimbursement is sought from the County. In addition, Contractor is encouraged to utilize local transportation Services, including but not limited to, the Ontario International Airport.
F.8 Contractor understands and agrees that any and all legal fees or costs associated with lawsuits concerning this Contract against the County shall be the Contractor’s sole expense and shall not be charged as a cost under this Contract.
F.9 If the Contractor does not use the County funds provided under this Contract to pay appropriate costs associated with the scope of Services by the termination date of this Contract, the Contractor shall return the County funds, or any unused portion thereof, to the County in accordance with any directions issued by County staff, within 60 days of written demand for the return of the County funds.
G. INDEMNIFICATION AND INSURANCE REQUIREMENTS
G.1 Indemnification
The Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages and/or liability arising out of this Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of indemnities. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence but does not apply to the County’s “sole negligence” or “willful misconduct” within the meaning of Civil Code section 2782.
G.2 Additional Insured
All policies, except for Worker’s Compensation, Errors and Omissions and Professional Liability policies shall contain additional endorsements naming the County and its officers, employees, agents and volunteers as additional named insured with respect to liabilities arising out of the
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performance of Services hereunder. The additional insured endorsements shall not limit the scope of coverage for the County to vicarious liability but shall allow coverage for the County to the full extent provided by the policy. Such additional insured coverage shall be at least as broad as Additional Insured (Form B) endorsement form ISO, CG 2010.11 85.
G.3 Waiver of Subrogation Rights
The Contractor shall require the carriers of required coverages to waive all rights of subrogation against the County, its officers, employees, agents, volunteers, contractors and subcontractors.
All general or auto liability insurance coverage pr ovided shall not prohibit the Contractor and Contractor’s employees or agents from waiving the right of subrogation prior to a loss or claim.
The Contractor hereby waives all rights of subrogation against the County.
G.4 Policies Primary and Non-Contributory
All policies required herein are to be primary and non-contributory with any insurance or self- insurance programs carried or administered by the County.
G.5 Severability of Interests
The Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and there will be no cross liability exclusions that preclude coverage for suits between the Contractor and the County or between the County and any other insured or additional insured under the policy.
G.6 Proof of Coverage
The Contractor shall furnish Certificates of Insurance to the County Department administering the Contract evidencing the insurance coverage at the time the Contract is executed, additional endorsements, as required shall be provided prior to the commencement of performance of Services hereunder, which certificates shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to the Department, and Contractor shall maintain such insurance from the time Contractor co mmences performance of Services hereunder until the completion of such Services. Within fifteen (15) days of the commencement of this contract, the Contractor shall furnish a copy of the Declaration page for all applicable policies and will provide complete certified copies of the policies and endorsements immediately upon request.
G.7 Acceptability of Insurance Carrier
Unless otherwise approved by Risk Management, insurance shall be written by insurers authorized to do business in the State of California and with a minimum “Best” Insurance Guide rating of “A- VII”.
G.8 Deductibles and Self-Insured Retention
Any and all deductibles or self-insured retentions in excess of $10,000 shall be declared to and approved by Risk Management.
G.9 Failure to Procure Coverage
In the event that any policy of insurance required under this contract does not comply with the requirements, is not procured, or is canceled and not replaced, the County has the right but not the obligation or duty to cancel the contract or obtain insurance if it deems necessary and any premiums paid by the County will be promptly reimbursed by the Contractor or County payments to the Contractor will be reduced to pay for County purchased insurance.
G.10 Insurance Review
Insurance requirements are subject to periodic review by the County. The Director of Risk Management or designee is authorized, but not required, to reduce, waive or suspend any insurance requirements whenever Risk Management determines that any of the required insurance is not available, is unreasonably priced, or is not needed to protect the interests of the County. In addition, if the Department of Risk Management determines that heretofore
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unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Director of Risk Management or designee is authorized, but not required, to change the above insurance requirements to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against the County, inflation, or any other item reasonably related to the County’s risk.
Any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this contract. Contractor agrees to execute any such amendment within thirty (30) days of receipt.
Any failure, actual or alleged, on the part of the County to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the County.
G.11 The Contractor agrees to provide insurance set forth in accordance with the requirements herein.
If the Contractor uses existing coverage to comply with these requirements and that coverage does not meet the specified requirements, t he Contractor agrees to amend, supplement or endorse the existing coverage to do so.
Without in anyway affecting the indemnity herein provided and in addition thereto, the Contractor shall secure and maintain throughout the contract term the following types of insurance with limits as shown:
G.11.1 Workers’ Compensation/Employer’s Liability – A program of Workers’ Compensation insurance or a state-approved, self-insurance program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer’s Liability with $250,000 limits covering all persons including volunteers providing Services on behalf of the Contractor and all risks to such persons under this contract.
If Contractor has no employees, it may certify or warrant to the County that it does not currently have any employees or individuals who are defined as “employees” under the Labor Code and the requirement for Workers’ Compensation coverage will be waived by the County’s Director of Risk Management.
With respect to Contractors that are non-profit corporations organized under California or Federal law, volunteers for such entities are required to be covered by Workers’ Compensation insurance.
G.11.2 Commercial/General Liability Insurance – The Contractor shall carry General Liability Insurance covering all operations performed by or on behalf of the Contractor providing coverage for bodily injury and property damage with a combined single limit of not less than one million dollars ($1,000,000), per occurrence. The policy coverage shall include:
a. Premises operations and mobile equipment.
b. Products and completed operations.
c. Broad form property damage (including completed operations). d. Explosion, collapse and underground hazards.
e. Personal injury.
f. Contractual liability.
g. $2,000,000 general aggregate limit.
G.11.3 Automobile Liability Insurance – Primary insurance coverage shall be written on ISO Business Auto coverage form for all owned, hired and non-owned automobiles or symbol 1 (any auto). The policy shall have a combined single limit of not less than one million dollars ($1,000,000) for bodily injury and property damage, per occurrence.
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If the Contractor is transporting one or more non-employee passengers in performance of contract Services, the automobile liability policy shall have a combined single limit of two million dollars ($2,000,000) for bodily injury and property damage per occurrence.
If the Contractor owns no autos, a non-owned auto endorsement to the General Liability policy described above is acceptable.
G.11.4 Umbrella Liability Insurance – An umbrella (over primary) or excess policy may be used to comply with limits or other primary coverage requirements. When used, the umbrella policy shall apply to bodily injury/property damage, personal injury/advertising injury and shall include a “dropdown” provision providing primary coverage for any liability not covered by the primary policy. The coverage shall also apply to automobile liability.
G.11.5 Construction contracts
Continuing Products/Completed Operations Liability Insurance with a limit of not less than five million ($5,000,000) for each occurrence for at least three years following substantial completion of the work on projects over one million ($1,000,000).
Subcontractor Insurance Requirements. The Contractor agrees to require all parties or subcontractors, including architects or others it hires or contracts with related to the performance of this contract to provide insurance covering the contracted operations with the basic requirements identified in Section G, including indemnification and the insurance specifications for all contracts, including waiver of subrogation rights, and naming the County as an additional insured. The Contractor agrees to monitor and review all such coverage and assumes all responsibility ensuring that such coverage is provided as required here.
Course of Construction/Installation (Builder’s Risk) property insurance providing all risk, including theft coverage for all property and materials to be used on the project.
The insurance policy shall not have any coinsurance penalty.
H. RIGHT TO MONITOR AND AUDIT
H.1 The County, State and Federal government shall have absolute right to review and audit all records, books, papers, documents, corporate minutes, and other pertinent items as requested, and shall have absolute right to monitor the performance of Contractor in the delivery of Services provided under this Contract. Contractor shall give full cooperation, in any auditing or monitoring conducted. Contractor shall cooperate with the County in the implementation, monitoring, and evaluation of this Contract and comply with any and all reporting requirements established by the County.
H.2 All records pertaining to Services delivered and all fiscal, statistical and management books and records shall be available for examination and audit by County representatives for a period of three years after final payment under this Contract or until all pending County, State and Federal audits are completed, whichever is later.
I. CORRECTION OF PERFORMANCE DEFICIENCIES
I.1 Failure by Contractor to comply with any of the provisions, covenants, requirements or conditions of this Contract shall be a material breach of this Contract.
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I.2 In the event of a non-cured breach, County may, at its sole discretion and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:
a.
Afford Contractor thereafter a time period within which to cure the breach, which period shall be establish
ed at the sole discretion of County; and/or
b.
Discontinue reimbursement to Contractor for and during the period in which Contractor is in breach, which reimbursement shall not be entitled to later recovery; and/or c.
Withhold funds pending duration of the breach; and/or
d.
Offset against any monies billed by Contractor but yet unpaid by County those monies disallowed pursuant to Item “b” of this paragraph; and/or e.
Terminate this Contract immediately and be relieved of the payment of any consideration to Contractor. In the event of such termination, the County may proceed with the work in an y manner deemed proper
by the County. The cost to the County shall be deducted fr om any sum due to the Contractor under this Contract a
nd the balance, if any, shall be pa id by the
Contractor upon demand.
J. NOT
ICES
All written notices provided for in this Contract or which either party desires to give to the other shall be deemed fully given, wh
en made in writing and either served personally, or by facsimile, or deposited in the United States mail, postage prepaid, and addressed to the other party as follows:
San Bernardino County
CAO – Fina
nce and Administration
385 N. Arrowhead Ave., Fourth Floor
San Bernardino, CA 92415
Attn: BOS Finance Analyst
City of San Bernardino
290 North D St.
San Bernardino, CA 92401
Attn: Public Works Manager Ernesto Salinas
Notice shall be deemed communicated two (2) County working days from the time of mailing if mailed as provided in this paragraph.
K. ENTIRE AGREEMENT
This Contract, including all Exhibits and other attachments, which are attached hereto and incorporated by reference, and other documents incorporated herein, represents the final, complete and exclusive agreement between the parties hereto. Any prior agreement, promises, negotiations or representations relating to the subject matter of this Contract not expressly set forth herein are of no force or effect. This Contract is executed without reliance upon any promise, warranty or representation by any party or any representative of any party other than those expressly contained herein. Each party has carefully read this Contract and signs the same of its own free will.
L. CONTRACT EXECUTION
This Contract may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute one and the same Contract.
The parties shall be entitled to sign and transmit an electronic signature of this Contract (whether by facsimile, PDF or other email transmission), whic h signature shall be binding on the party whose name is contained therein. Each party providing an electronic signature agrees to promptly execute and deliver to the other party an original signed Contract upon request.
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IN WITNESS WHEREOF, the San Bernardino County and the Contractor have each caused this Contract to be subscribed by its respective duly authorized officers, on its behalf.
FOR COUNTY USE ONLY
Approved as to Legal Form Reviewed for Contract Compliance Reviewed/Approved by Department
Julie Surber, Principal Assistant County
Counsel
Date Date Date
SAN BERNARDINO COUNTY CITY OF SAN BERNARDIINO
(Print or type name of corporation, company, contractor, etc.)
By
Dawn Rowe, Chair, Board of Supervisors (Authorized signature - sign in blue ink) Dated:
Name
Bill Gallardo
SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name of person signing contract)
DOCUMENT HAS BEEN DELIVERED TO THE
CHAIRMAN OF THE BOARD Title Interim City Manager
Lynna Monell
Clerk of the Board of Supervisors
of the San Bernardino County
(Print or Type)
By Dated:
Deputy
Address
290 North D St.
San Bernardino, CA 92401
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ATTACHMENT A
PREVAILING WAGE REQUIREMENTS
A. All or a portion of the Scope of Work in the Contract requires the payment of prevailing wages and compliance with the following requirements:
1. Determination of Prevailing Rates :
Pursuant to Labor Code sections 1770, et seq., the C ounty has obtained from the Director of the Department of Industrial Relations (DIR) pursuant to the Californi a Labor Code, the general prevailing rates of per diem wages and the prevailing rates for holiday and overtime work in the locality in which the Scope of Work is to be performed. Copies of said rates are on file with the County, will be made available for inspection during regular business hours, may be included elsewhere in the specifications for the Scope of Work, and are also available online at www.dir.ca.gov. The wage rate for any classification not listed, but which may be required to execute the Scope of Work, shall be commensurate and in accord with specified rates for similar or comparable classifications for those performing similar or compar able duties. In accordance with Labor Code section 1773.2, the Contractor shall post, at appropriate and conspicuous locations on the job site, a schedule showing all applicable prevailing wage rates and shall comply wi th the requirements of Labor Code sections 1773, et seq.
2. Payment of Prevailing Rates
Each worker of the Contractor, or any subcontractor, engaged in the Scope of Work, shall be paid not less than the general prevailing wage rate, regardless of any cont ractual relationship which may be alleged to exist between the Contractor or any subcontractor, and such worker.
3. Prevailing Rate Penalty
The Contractor shall, as a penalty, forfeit two hundred dollars ($200.00) to the County for each calendar day or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of the DIR for such work or craft in which such worker is employed by the Contractor or by any subcontractor in connection with the Scope of Work. Pursuant to California L abor Code section 1775, the difference between such prevailing wage rates and the amount paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the prevailing wage rate, shall be paid to each worker by the Contractor.
4. Ineligible Contractors :
Pursuant to the provisions of Labor Code section 1777.1, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a contractor or subcontractor on a public works project. This list of debarred contractors is available from the DIR website at http://www.dir.ca.gov/Public-Works/PublicWorks.html.
Any contract entered into between a co ntractor and a debarred s ubcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works contract, and any public money that may have been paid to a debarred subcontractor by a contractor on the project shall be returned to the County. The Contra ctor shall be responsible for the payment of wages to workers as a debarred subcontractor who has been allowed to work on the Scope of Work.
5. Payroll Records:
a. Pursuant to California Labor C ode section 1776, the Contractor and each subcontractor, shall keep accurate certified payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by them in connection with the Scope of Work.
The payroll records enumerated herein shall be verified by a written declaration made under penalty of perjury that the information contained in the payroll record is true and correct and that the Contractor or subcontractor has complied with the requirements of the California Labor Code sections 1771, 1811, and 1815 for any Scope of Work performed by his or her employees. The payroll records shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
i. A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his/her authorized representative on request; ii. A certified copy of all payroll records shall be made available for inspection or furnished upon request to the County, the Division of Labor Standards Enforcement of the DIR; iii. A certified copy of payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the County or the Division of Labor Standards Enforcement. If the requested payroll records have not been previously provided to the County or the Division of Labor Standards Enforcement, the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractor and the entity through which the request was made; the public shall not be given access to such records at the principal office of the Contractor;
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iv. The Contractor shall file a cert ified copy of the payroll records wi th the entity that requested such records within ten (10) days after receipt of a written request; and v. Copies provided to the public, by the County or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor or any subcontractor, performing a part of the Scope of Work shall not be marked or obliterated. The Contractor shall inform the County of the location of payroll record s, including the street address, city and county and shall, within five (5) working days, provide a notice of a change of location and address. b. The Contractor shall have ten (10) days from receipt of the written notice specifying in what respects the Contractor must comply with the above requirements. In the event Contractor does not comply with the requirements of this section within the ten (10) day period, the Contractor shall, as a penalty to the County, forfeit one-hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, such penalty shall be withheld from any portion of the payments then due or to become due to the Contractor.
6. Limits on Hours of Work :
Pursuant to California Labor Code secti on 1810, eight (8) hours of labor shall constitute a legal day's work.
Pursuant to California Labor Code section 1811, the time of service of any worker employed at any time by the Contractor or by a subcontractor, upon the Scope of Work or upon any part of the Scope of Work, is limited and restricted to eight (8) hours during any one calendar day and forty (40) hours during any one calendar week, except as provided for under Labor Code section 1815. Notwithstanding the foregoing provisions, work performed by employees of Contractor or any subcontractor, in excess of eight (8) hours per day and forty (40) hours during any one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day at not less than one and one-half (1½) times the basic rate of pay.
7. Penalty for Excess Hours:
The Contractor shall pay to the County a penalty of tw enty-five dollars ($25.00) for each worker employed on the Scope of Work by the Contractor or any subcontractor, for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any calendar day and forty (40) hours in any one calendar week, in violation of the provisions of the Ca lifornia Labor Code, unless compensation to the worker so employed by the Contractor is not less than one and one -half (1½) times the basic rate of pay for all hours worked in excess of eight (8) hours per day.
8. Senate Bill 854 (Chapter 28, St atutes of 2014) and Senate Bill 96 (Chapter 28, Statutes of 2017) Requirements:
a. Contractor shall comply with Senate Bill 854 and Se nate Bill 96. The requirements include, but are not limited to, the following:
i. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code se ction 1725.5, with limited exceptions from this requirements for bid purposes only as allowed under Labor Code section 1771.1(a). ii. No contractor or subcontractor may be awarded a contract for public work or perform work on a public works project unless registered with the DIR pursuant to Labor Code section 1725.5. iii. This project is subject to compliance monitoring and enforcement by the DIR. iv. As required by the DIR, Contractor is required to post job site notices, as prescribed by regulation, regarding compliance monitoring and enforcement by the DIR. v. Contractors and all subcontract ors must submit certified payro ll records online to the Labor Commissioner for all public works projects.
1) The certified payroll must be submitted at least monthly to the Labor Commissioner. 2) The County reserves the right to require C ontractor and all subcontractors to submit certified payroll records more frequently than monthly to the Labor Commissioner. 3) The certified payroll records must be in a format prescribed by the Labor Commissioner. vi. Registration with the DIR and the submission of certified payroll records to the Labor Commissioner are not required if the public work s project is $25,000 or less when the project is for construction, alteration, demolition, installation or repair work, or if the public works project is $15,000 or less when the project is for maintenance work.
b. Labor Code section 1725.5 states the following:
“A contractor shall be registered pursuant to this section to be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any public work contract that is subject to the requirements of this chapter. For the purposes of this section, “contractor” includes a subcontractor as defined by Section 1722.1.
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(a) To qualify for registration under this section, a contractor shall do all of the following:
(1) (A) Register with the Departm ent of Industrial Relations in the manner prescribed by the department and pay an initial nonrefundable application fee of four hundred dollars ($400) to qualify for registration under this section and an annual renewal fee on or bef ore July 1 of each year thereafter. The annual renewal fee shall be in a uniform amount set by the Director of Industrial Relations, and the initial registration and renewal fees may be adjusted no more than annually by the director to support the costs specified in Section 1771.3.
(B) Beginning June 1, 2019, a contra ctor may register or renew according to this subdivision in annual increments up to three years from the date of registration. Contractors who wish to do so will be required to prepay the applicable nonrefundable application or r enewal fees to qualify for the number of years for which they wish to preregister.
(2) Provide evidence, disclosures, or releases as are necessary to establish all of the following:
(A) Workers' compensation coverage that meets the requirements of Division 4 (commencing with Section 3200) and includes sufficient coverage for any worker whom the contractor employs to perform work that is subject to prevailing wage requirements other than a contractor who is separately registered under this section. Coverage may be evidenced by a current and valid certificate of workers' compensation insurance or certification of self-insurance required under Section 7125 of the Business and Professions Code. (B) If applicable, the contractor is licensed in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code.
(C) The contractor does not have any delinquent liab ility to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. However, for purposes of this paragraph, the contractor shall not be disqualified for any judgment, order, or determination that is under appeal , provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. (D) The contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. (E) The contractor has not bid on a public works contract, been listed in a bid proposal, or engaged in the performance of a contract for public works without being lawfully registered in accordance with this section, within the preceding 12 months or since the effective date of the requirements set forth in subdivision (e), whichever is earlier. If a contractor is found to be in violation of the requirements of this paragraph, the period of disqualification shall be waived if both of the following are true:
(i) The contractor has not previously been found to be in violation of the requi rements of this paragraph within the preceding 12 months.
(ii) The contractor pays an additional nonrefundable penalty registration fee of two thousand dollars ($2,000).
(b) Fees received pursuant to this section shall be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (c) A contractor who fails to pay the renewal fee required under paragraph (1) of subdivision (a) on or before the expiration of any prior period of registration shall be prohibited from bidding on or engaging in the performance of any contract for public work until once again registered pursuant to this section. If the failure to pay the renewal fee was inadvertent, the contractor may renew its registration retroactively by paying an additional nonrefundable penalty renewal fee equal to the amount of the renewal fee within 90 days of the due date of the renewal fee.
(d) If, after a body awarding a contract accepts the contractor's bid or awards the contract, the work covered by the bid or contract is determined to be a public work to which Section 1771 applies, either as the result of a determination by the director pursuant to Sectio n 1773.5 or a court decision, the requirements of this section shall not apply, subject to the following requirements:
(1) The body that awarded the contract failed, in the bid specification or in the contract documents, to identify as a public work that portion of the work that the determination or decision subsequently classifies as a public work.
(2) Within 20 days following service of notice on the awarding body of a determination by the Director of Industrial Relations pursuant to Section 1773.5 or a decision by a court that the contract was for public work as defined in this chapter, the contractor and any subcontractors are registered under this section or are replaced by a contractor or subcontractors who are registered under this section.
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(3) The requirements of this section shall apply prospectively only to any subsequent bid, bid proposal, contract, or work performed after the awarding body is served with notice of the determination or decision referred to in paragraph (2).
(e) The requirements of this section shall apply to any bid proposal submitted on or after March 1, 2015, to any contract for public work, as defined in this chapter, executed on or after April 1, 2015, and to any work performed under a contract for public work on or after January 1, 2018, regardless of when the contract for public work was executed.
(f) This section does not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demoliti on, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
c. Labor Code section 1771.1 states the following:
“(a) A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless cu rrently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
(b) Notice of the requirement described in subdivision (a) shall be included in all bid invitations and public works contracts, and a bid shall not be accepted nor any contract or subcontract entered into without proof of the contractor or subcontractor's current registration to perform public work pursuant to Section 1725.5. (c) An inadvertent error in listing a subcontractor who is not registered pursuant to Section 1725.5 in a bid proposal shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive, provided that any of the following apply:
(1) The subcontractor is registered prior to the bid opening. (2) Within 24 hours after the bid opening, the su bcontractor is registered and has paid the penalty registration fee specified in subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (3) The subcontractor is replaced by another regi stered subcontractor pursuant to Section 4107 of the Public Contract Code.
(d) Failure by a subcontractor to be registered to per form public work as required by subdivision (a) shall be grounds under Section 4107 of the Public Contract Code for the contractor, with the consent of the awarding authority, to substitute a subcontractor w ho is registered to perform public work pursuant to Section 1725.5 in place of the unregistered subcontractor. (e) The department shall maintain on its Internet Web site a list of contractors who are currently registered to perform public work pursuant to Section 1725.5.
(f) A contract entered into with any contractor or subcontractor in violation of subdivision (a) shall be subject to cancellation, provided that a contract for public work shall not be unlawful, void, or voidable solely due to the failure of the awarding body, contractor, or any subcontractor to comply with the requirements of Section 1725.5 or this section.
(g) If the Labor Commissioner or his or her designee determines that a contractor or subcontractor engaged in the performance of any public work contract wi thout having been registered in accordance with this section, the contractor or subcontractor shall forfeit, as a civil penalty to the state, one hundred dollars ($100) for each day of work performed in violatio n of the registration requirement, not to exceed an aggregate penalty of eight thousand dol lars ($8,000) in addition to any penalty registration fee assessed pursuant to clause (ii) of subparagraph (E) of paragraph (2) of subdivision (a) of Section 1725.5. (h)(1) In addition to, or in lieu of, any other penalty or sanction authorized pursuant to this chapter, a higher tiered public works contractor or subcontractor who is found to have entered into a subcontract with an unregistered lower tier subcontractor to perform any public work in violation of the requirements of Section 1725.5 or this section shall be subject to forfeiture, as a civil penalty to the state, of one hundred dollars ($100) for each day the unregistered lower tier subcontractor performs work in violation of the registration requirement, not to exceed an aggregate penalty of ten thousand dollars ($10,000). (2) The Labor Commissioner shall use the same standards specified in subparagraph (A) of paragraph (2) of subdivision (a) of Section 1775 when determining the severity of the violation and what penalty to assess, and may waive the penalty for a first time violation that was unintentional and did not hinder the Labor Commissioner’s ability to monitor and enforce compliance with the requirements of this chapter. (3) A higher tiered public works contractor or subc ontractor shall not be liable for penalties assessed pursuant to paragraph (1) if the lower tier subcontractor’s performance is in violation of the requirements of Section 1725.5 due to the revocation of a previously approved registration.
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(4) A subcontractor shall not be liable for any penal ties assessed against a higher tiered public works contractor or subcontractor pursuant to paragraph (1). A higher tiered public works contractor or subcontractor may not require a lower tiered subcontractor to indemnity or otherwise be liable for any penalties pursuant to paragraph (1).
(i) The Labor Commissioner or his or her designee shall issue a civil wage and penalty assessment, in accordance with the provisions of Section 1741, upo n determination of penalties pursuant to subdivision (g) and subparagraph (B) of paragraph (1) of subdivision (h). Review of a civil wage and penalty assessment issued under this subdivision may be requeste d in accordance with the provisions of Section 1742. The regulations of the Director of Industrial Relations, which govern proceedings for review of civil wage and penalty assessments and the withholding of contract payments under Article 1 (commencing with Section 1720) and Article 2 (commencing with Section 1770), shall apply. (j)(1) Where a contractor or subcontractor engages in the performance of any public work contract without having been registered in violation of the requirem ents of Section 1725.5 or this section, the Labor Commissioner shall issue and serve a stop order prohibit ing the use of the unregi stered contractor or the unregistered subcontractor on all public works unt il the unregistered contractor or unregistered subcontractor is registered. The stop order shal l not apply to work by r egistered contractors or subcontractors on the public work.
(2) A stop order may be personally served upon the contra ctor or subcontractor by either of the following methods:
(A) Manual delivery of the order to the contractor or subcontractor personally. (B) Leaving signed copies of the order with the person who is apparently in charge at the site of the public work and by thereafter mailing copies of the order by first class mail, postage prepaid to the contractor or subcontractor at one of the following:
(i) The address of the contractor or subcontractor on file with either the Secretary of State or the Contractors’ State License Board.
(ii) If the contractor or subcontractor has no address on file with the Secretary of State or the Contractors’ State License Board, the address of the site of the public work. (3) The stop order shall be effective immediately upon service and shall be subject to appeal by the party contracting with the unregistered co ntractor or subcontractor, by the unregistered contractor or subcontractor, or both. The appeal, hearing, and any further review of the hearing decision shall be governed by the procedures, time limits, and other r equirements specified in subdivision (a) of Section 238.1.
(4) Any employee of an unregistered contractor or subcontractor who is affected by a work stoppage ordered by the commissioner pursuant to this subdivision shall be paid at his or her regular hourly prevailing wage rate by that employer for any hours the employee would have worked but for the work stoppage, not to exceed 10 days.
(k) Failure of a contractor or subcontractor, owner, director, officer, or managing agent of the contractor or subcontractor to observe a stop order issued and served upon him or her pursuant to subdivision (j) is guilty of a misdemeanor punishable by imprisonment in count y jail not exceeding 60 days or by a fine not exceeding ten thousand dollars ($10,000), or both.
(l) This section shall apply to any bid proposal subm itted on or after March 1, 2015, and any contract for public work entered into on or after April 1, 2015. Th is section shall also apply to the performance of any public work, as defined in this chapter, on or after J anuary 1, 2018, regardless of when the contract for public work was entered.
(m) Penalties received pursuant to this section sha ll be deposited in the State Public Works Enforcement Fund established by Section 1771.3 and shall be used only for the purposes specified in that section. (n) This section shall not apply to work performed on a public works project of twenty-five thousand dollars ($25,000) or less when the project is for construction, alteration, demoliti on, installation, or repair work or to work performed on a public works project of fifteen thousand dollars ($15,000) or less when the project is for maintenance work.”
d. Labor Code section 1771.4 states the following:
“a) All of the following are applicable to all public wo rks projects that are otherwise subject to the requirements of this chapter:
(1) The call for bids and contract documents shall specify that the project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. (2) The awarding body shall post or require the prime contractor to post job site notices, as prescribed by regulation.
(3) Each contractor and subcontractor shall furnish t he records specified in Section 1776 directly to the Labor Commissioner, in the following manner:
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(A) At least monthly or more frequently if specified in the contract with the awarding body. (B) In a format prescribed by the Labor Commissioner.
(4) If the contractor or subcontractor is not register ed pursuant to Section 1725.5 and is performing work on a project for which registration is not required because of subdivision (f ) of Section 1725.5, the unregistered contractor or subcontractor is not requi red to furnish the records specified in Section 1776 directly to the Labor Commissioner but shall retain the records specified in Section 1776 for at least three years after completion of the work.
(5) The department shall undertake those activities it deems necessary to monitor and enforce compliance with prevailing wage requirements.
(b) The Labor Commissioner may exempt a public works project from compliance with all or part of the requirements of subdivision (a) if either of the following occurs:
(1) The awarding body has enforced an approved labor compliance program, as defined in Section 1771.5, on all public works projects under its authority, except those deemed exempt pursuant to subdivision (a) of Section 1771.5, continuously since December 31, 2011.
(2) The awarding body has entered into a collectiv e bargaining agreement that binds all contractors performing work on the project and that includes a mechanism for resolving disputes about the payment of wages.
(c) The requirements of paragraph (1) of subdivision (a) shall only apply to contracts for public works projects awarded on or after January 1, 2015.
(d) The requirements of paragraph (3) of subdivision (a) shall apply to all contracts for public work, whether new or ongoing, on or after January 1, 2016.”
B. STATE PUBLIC WORKS APPR ENTICESHIP REQUIREMENTS
1. State Public Works Apprenticeship Requirements:
a. The Contractor is responsible for compliance wi th Labor Code section 1777.5 and the California Code of Regulations, title 8, sections 230 – 230.2 for all apprenticeable occupations (denoted with “#” symbol next to craft name in DIR Prevailing Wage Determination), whether employed by the Contractor, subcontractor, vendor or consultant. Included in these requirements is (1) the Contractor’s requirement to provide notification (i.e. DAS-140) to the appropriate apprenticeship committees; (2) pay training fund contributions for each apprenticeable hour employed on the Contrac t; and (3) utilize apprentices in a minimum ratio of not less than one apprentice hour for each five journey man hours by completion of Contract work (unless an exception is granted in accordance with Labor Code section 1777.5) or request for the dispatch of apprentices.
b. Any apprentices employed to perform any of t he Scope of Work shall be paid the standard wage to apprentices under the regulations of the craft or tr ade for which such apprentice is employed, and such individual shall be employed only for the work of the craft or trade to which such individual is registered.
Only apprentices, as defined in California Labor Code section 3077, who are in training under apprenticeship standards and writt en apprenticeship agreements under California Labor Code sections 3070 et seq. are eligible to be employed for the Sc ope of Work. The employment and training of each apprentice shall be in accordance wi th the provisions of the apprenticeship standards and apprentice agreements under which such apprentice is training.
2. Compliance with California Labor Code section 1777.5 requires all public works contractors to:
a. Submit Contract Award Information (DAS-140):
i. Although there are a few exemptions (identified below), all Contractors, regardless of union affiliation, must submit contract award inform ation when performing on a California public works project.
ii. The DAS-140 is a notification “announcement” of the Contractor’s participation on a public works project— it is not a request for the dispatch of an apprentice. iii. Contractors shall submit the contract award information (you may use form DAS 140) within 10 days of the execution of the prime contract or subcontract, but in no event later than the first day in which the Contractor has workers employed on the public work. iv. Contractors who are already approved to trai n apprentices (i.e. check “Box 1” on the DAS-140) shall only be required to submit the form to their approved program. v. Contractors who are NOT approved to train apprentic es (i.e. those that check either “Box 2” or “Box 3” on the DAS-140) shall submit the DAS-140 TO EACH of the apprenticeship program sponsors in the area of your public works project. For a listing of apprenticeship programs see
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http://www.dir.ca.gov/Databases/das/pwaddrstart.asp.
b. Employ Registered Apprentices
i. Labor Code section 1777.5 requires that a contract or performing work in an “apprenticeable” craft must employ one (1) hour of apprentice work for every five (5) hours performed by a journeyman.
This ratio shall be met prior to the Contractor’s completion of work on the project. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination.
ii. All Contractors who do not fall within an exemption category (see below) must request for dispatch of an apprentice from an apprenticeship program (for each apprenticeable craft or trade) by giving the program actual notice of at least 72 hours (business days only) before the date on which apprentices are required.
iii. Contractors may use the “DAS-142” form for ma king a request for the dispatch of an apprentice. iv. Contractors who are participating in an approved apprenticeship training program and who did not receive sufficient number of apprentices from thei r initial request must request dispatch of apprentices from ALL OTHER apprenticeship committees in the project area in order to fulfill this requirement.
v. Contractor should maintain and submit proof (w hen requested) of its DAS-142 submittal to the apprenticeship committees (e.g. fax transmittal confirmation). A Contractor has met its requirement to employ apprentices only after it has successfully made a dispatch request to all apprenticeship programs in the project area.
vi. Only “registered” apprentices may be paid the prevailing apprentice rates and must, at all times work under the supervision of a Journeyman (Cal. Code Regs., tit 8, § 230.1). c. Make Training Fund Contributions
i. Contractors performing in apprenticeable crafts on public works projects, must make training fund contributions in the amount established in the prevailing wage rate publication for journeymen and apprentices.
ii. Contractors may use the “CAC-2” form for su bmittal of their training fund contributions. iii. Contractors who do not submit their training fund contributions to an approved apprenticeship training program must submit t heir contributions to the California Apprenticeship Council (CAC), PO Box 420603, San Francisco, CA 94142-0603.
iv. Training fund contributions to the CAC are due and payable on the 15th day of the month for work performed during the preceding month.
v. The “training” contribution amount identified on the prevailing wage determination shall not be paid to the worker, unless the worker falls within one of the exemption categories listed below.
3. Exemptions to Apprenticeship Requirements:
a. The following are exempt from having to comply wi th California apprenticeship requirements. These types of contractors do not need to submit a DAS-140, DAS- 142, make training fund contributions, or utilize apprentices:
i. When the Contractor holds a sole proprieto r license (“Owner-Operator”) and no workers were employed by the Contractor. In other words, the contractor performed the entire work from start to finish and worked alone.
ii. Contractors performing in non-apprenticeable cra fts. “Apprenticeable” crafts are denoted with a pound symbol “#” in front of the craft name on the prevailing wage determination. iii. When the Contractor has a direct contract with the Public Agency that is under $30,000. iv. When the project is 100% federally-funded and the funding of the project does not contain any city, county, and/or state monies (unless the project is administered by a state agency in which case the apprenticeship requirements apply).
v. When the project is a private pr oject not covered by the definition of public works as found in Labor Code section 1720.
4. Exemption from Apprenticeship Rations:
a. The Joint Apprenticeship Committee shall have the disc retion to grant a certificate, which shall be subject to the approval of the Administrator of Apprenticeship , exempting the Contractor from the 1-to-5 ratio set forth in this Section when it finds that any one of the following conditions are met:
i. Unemployment for the previous three-month pe riod in such area exceeds an average of fifteen percent (15%); or
ii. The number of apprentices in training in such area exceeds a ratio of 1-to-5 in relation to journeymen; or
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iii. The Apprenticeable Craft or Tr ade is replacing at least one-thi rtieth (1/30) of its journeymen annually through apprenticeship training, either on a statewide basis or on a local basis; or iv. If assignment of an apprentice to any work perf ormed under the Contract Documents would create a condition which would jeopardize such apprentice's life or the life, safety or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyman. b. When such exemptions from the 1-to-5 ratio between apprentices and journeymen are granted to an organization which represents contractors in a specific trade on a local or statewide basis, the member contractors will not be required to submit individual ap plications for approval to local Joint Apprenticeship Committees, provided they are already covered by the local apprenticeship standards.
5. Contractor’s Compliance:
a. The responsibility of compliance with this Section for all Apprenticeable Trades or Crafts is solely and exclusively that of the Contractor. All decisions of the Joint Apprenticeship Committee(s) under this Section are subject to the provisions of California Labor Co de section 3081 and penalties are pursuant to Labor Code section 1777.7 and the determination of the Labor Commissioner.
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 7, 2025
To: Honorable Mayor and City Council Members
From: Bill Gallardo, Interim City Manager;
Ernesto Salinas, Interim Director of Parks, Recreation, and Community Services
Department: Parks, Recreation, and Community Services
Subject: Approval of Funding Agreement with the County of San Bernardino for La Plaza Park Improvements (Ward 1)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-281:
1. Authorizing the City Manager, or designee, to execute a Funding Agreement with the County of San Bernardino to receive $1,342,243 in County funds for La Plaza Park improvements; and
2. Approving matching funding in the amount of $447,414 from the City’s CIP Fund; and
3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds; and
4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $1,789,657 for La Plaza Park improvements.
Executive Summary
This Funding Agreement with the County of San Bernardino (“County”) will provide $1,342,243 in additional funding assistance from the County for La Plaza Park improvements. The term of the Funding Agreement is through May 19, 2027, with a matching minimum contribution of $447,414 from the City’s CIP Fund for a total of $1,789,657 for the La Plaza Park Improvements.
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Background
Over the past several years, the San Bernardino County Board of Supervisors has been a generous and consistent supporter of the City’s parks and public infrastructure.
Their contributions have also played a significant role in funding much-needed repairs for our parks. In response to the aging infrastructure and growing community needs, the City has made it a priority to address deferred maintenance and enhance the overall condition of City parks. Efforts have included the repair of the park shade shelters, shade structures, and walkways, as well as improvements to parking lot surfaces and related amenities at Parks. The ongoing support from the County has been instrumental in helping the City move forward and quicker with these enhancements, ensuring that local recreational facilities remain safe, functional, and welcoming for residents and visitors alike.
Discussion
This Funding Agreement with the County will provide $1,342,243 in funding assistance for much needed improvements at La Plaza Park. The funding comes from the County’s Fifth District through the County’s District Specific Priorities Program. This program utilizes the County Board of Supervisors Discretionary Fund, which allows each Supervisor to provide financial assistance for specific programs and projects within their district. The funding assistance for La Plaza Park is being provided for the following specific improvements, which are outlined under Section B.1 of the Funding Agreement:
Table 1 Improvement Projects at La Plaza Park
Item Description
Demolition and removal of concrete paving,
one restroom, two tables, one BBQ grill,
three benches, & 5 trash receptacles
Perform general site construction
including 5,000 square feet of
minor grading, one gazebo
painting and repair, handrail
replacement and ADA ramp
Repair monument statue Hydroseed turf
Add irrigation, mulch, shrubs and
groundcover at Gazebo
Grade playground, add play
equipment with integrated shade
Build one restroom and equipment room,
prepare for utilities
Add concrete playground curb
and replace play area surfacing
The terms of the Funding Agreement require the improvements to be completed by May 19, 2027. The County may provide an extension if requested by the City in writing; however, the extension cannot exceed twelve (12) months, nor can it result in a change to the project goals or scope of services. It is important to note that the County’s Fifth District Supervisor is the final authority in all matters pertaining to the agreement’s terms, services, and scope of work; any extension will require the Fifth District Supervisor’s approval, and any amendments to the agreement must be approved by
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the full Board of Supervisors.
Additionally, the Funding Agreement requires the City to provide a minimum matching contribution of at least 25% of the agreement amount. This equates to a minimum match of $447,414 from the CIP Fund.
The Funding Agreement must first be approved by the Mayor and City Council before going to the entire County Board of Supervisors for final approval. County staff anticipate bringing the Funding Agreement for Board approval at their May 2025, Board Meeting, provided the agreement is approved by the City’s Mayor and City Council.
2021-2025 Strategic Targets and Goals
Authorizing the Funding Agreement with the County of San Bernardino for La Plaza Park improvements aligns with Strategic Target No. 3: Improved Quality of Life.
Fiscal Impact
There is no impact to the General Fund impact with this item as the match requirement of $447,414 is satisfied using available funding in the CIP fund from projects that have excess funding.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-281:
1. Authorizing the City Manager, or designee, to execute a Funding Agreement with the County of San Bernardino to receive $1,342,243 in County funds for La Plaza Park improvements; and
2. Approving matching funding in the amount of $447,414 from the City’s CIP Fund; and
3. Authorizing the City Manager, or designee, to conduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds; and
4. Authorizing the Director of Finance and Management Services to amend the FY 2024/25 budget in both revenues and expenditures, and appropriate $1,789,657 for La Plaza Park improvements.
Attachments
Attachment 1 – Resolution No. 2025-281 La Plaza Park Improvements Attachment 2 – Agreement with San Bernardino County- La Plaza Park Improvements
Ward:
First Ward
Synopsis of Previous Council Action: N/A.
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Resolution No. 2025-281
Resolution 2025-281
May 7, 2025