For the purposes of this section, a PEG channel is
deemed activated if it is being utilized for PEG
programming within the city for at least eight hours
per day.
(1) PEG channels shall be for the exclusive
use of the city or its designee to provide public,
educational or governmental channels.
(2) Advertising, underwriting or
sponsorship recognition may be carried on the
channels for the purpose of funding PEG-related
activities.
(3) The PEG channels shall all be carried
on the basic service tier of the grantee.
(4) To the extent feasible, the PEG channels
shall not be separated numerically from other channels
carried on the basic service tier and the channel
numbers for the PEG channels shall be the same
channel numbers used by the incumbent cable operator
unless prohibited by federal law.
(5) After the initial designation of PEG
channel numbers, the channel numbers shall not be
changed without the agreement of the city unless the
change is required by federal law.
(6) Each channel shall be capable of
carrying a National Television System Committee
(“NTSC”) television signal.
(C) Interconnection. Where technically feasible,
all grantee’s video service providers shall negotiate in good faith to interconnect their networks for the
purpose of providing PEG programming.
Interconnection may be accomplished by direct cable,
microwave link, satellite or other reasonable method
of connection. Holders of a state franchise and
incumbent cable operators shall provide
interconnection of the PEG channels on reasonable
terms and conditions and may not withhold the
interconnection. If a holder of a state franchise and an incumbent cable operator cannot reach a mutually
acceptable interconnection agreement, the city may
require the incumbent cable operator to allow the
holder to interconnect its network with the incumbent’s network at a technically feasible point on the holder’s network as identified by the holder. If no technically
feasible point for interconnection is available, the
holder of a state franchise shall make an
interconnection available to the channel originator and shall provide the facilities necessary for the
interconnection. The cost of any interconnection shall
be borne by the holder of a state franchise requesting
the interconnection unless otherwise agreed to by the
parties.
ARTICLE V. DEFINITIONS
§ 14.08.26 DEFINED TERMS AND PHRASES.
(A) For the purpose of this chapter, the following
definitions shall apply unless the context clearly
Packet Page. 1372
San Bernardino - Franchises24
indicates or requires a different meaning. When not
inconsistent with the context, words used in the
present tense include the future tense and words in the singular include the plural number.
AFFILIATE. When used in relation to any
person, another person who owns or controls, is
owned or controlled by or is under common ownership
or control with, such person.
CABLE SERVICE. The one-way
transmission to subscribers of video programming, or
other programming services, and subscriber
interaction, if any, that is required for the selection or use of that video programming or other programming
service. For the purposes of this definition, VIDEO
PROGRAMMING means programming provided by,
or generally considered comparable to programming
provided by, a television broadcast station; and
OTHER PROGRAMMING SERVICE means
information that a cable system operator makes
available to all subscribers generally.
CABLE SYSTEM, CABLE
COMMUNICATIONS SYSTEM or CABLE
TELEVISION SYSTEM. A facility, consisting of a
set of closed transmission paths and associated signal
generation, reception and control equipment that is
designed to provide cable service that includes video
programming and that is provided to multiple
subscribers within a community. The term CABLE
SYSTEM does not include:
(a) A facility that serves only to
retransmit the television signals of one or more
television broadcast stations;
(b) A facility that serves subscribers
without using any public rights-of-way;
(c) A facility of a common carrier that
is subject, in whole or in part, to the provisions of
Title II of the Communications Act, being 47 U.S.C.
pt. I, commencing with §§ 201 et seq. , except that
such facility will be considered a cable system (other
than for purposes specified in § 621(c) of the
Communications Act)
, being 47 U.S.C. § 541(c)), to
the extent such facility is used in the transmission of video programming directly to subscribers, unless the
extent of such use is solely to provide interactive
on-demand services;
(d) An open video system that
complies with § 653 of the Communications Act ,
being 47 U.S.C. § 573; or
(e) Any facilities of an electric utility
that are used solely for operating its electric utility system.
CABLE SYSTEM OPERATOR or CABLE
OPERATOR. Any person or group of persons:
(a) Who provides cable service over a
cable system and directly or through one or more
affiliates owns a significant interest in that cable
system; or
(b) Who otherwise controls or is
responsible for, through any arrangement, the
management and operation of that cable system.
C.F.R. The Code of Federal Regulations.
Thus, the citation of “47 C.F.R. § 80.1” refers to title 47, part 80, section 1 of the Code of Federal
Regulations.
CITY. The City of San Bernardino,
California as represented by its Mayor and
Common
City Council or by any delegate acting within
the scope of its delegated authority.
CITY MANAGER. The City Manager of the
City of San Bernardino, or the City Manager’s
designee.
COMMUNICATIONS ACT. The
Communications Act of 1934 (47 U.S.C. §§ 153 et
seq.), as amended by the Cable Communications
Policy Act of 1984, being Pub. Law No. 98-549, the
Cable Television Consumer Protection and
Competition Act of 1992 , being Pub. Law. No.
102-385, and the Telecommunications Act of 1996 ,
being Pub. Law No. 104-104, amending various
sections of U.S.C. Titles 15, 18 and 47.
Packet Page. 1373
Cable, Video and Telecommunications Service Providers 25 FCC or FEDERAL COMMUNICATIONS
COMMISSION. The federal administrative agency, or
any lawful successor, that is authorized to regulate
cable and telecommunications services and cable and
telecommunications service providers on a national
level.
FRANCHISE. An initial authorization, or
the renewal of an initial authorization, granted by the Mayor and Common
City Council, whether such
authorization is designated as a franchise, agreement,
permit, license, resolution, contract, certificate or
otherwise, that authorizes the construction or operation of a cable system or an open video system.
FRANCHISE FEE.
(a) Means any fee or assessment of any
kind that is authorized by state or federal law to be
imposed by the city on a grantee as compensation in
the nature of rent for the grantee’s use of the public
rights-of-way.
(b) The term FRANCHISE FEE does
not include:
1. Any tax, fee or assessment of
general applicability (including any such tax, fee or
assessment imposed on both utilities and cable
operators or their services, but not including a tax, fee or assessment which is unduly discriminatory against
cable operators or cable subscribers);
2. Capital costs that are required
by the franchise to be incurred by a grantee for public, educational or governmental access facilities;
3. Requirements or charges that
are incidental to the award or enforcement of the
franchise, including payments for bonds, security
funds, letters of credit, insurance, indemnification,
penalties or liquidated damages; or
4. Any fee imposed under Title
17 U.S.C.
FRANCHISE SERVICE AREA or
SERVICE AREA. The entire geographic area of the
city as it is now constituted, or may in the future be
constituted, unless otherwise specified in the ordinance or resolution granting a franchise, or in a franchise
agreement.
GRANTEE. Any person that is awarded a
franchise in accordance with this chapter, and that
person’s lawful successor, transferee or assignee.
GROSS REVENUE.
(a) Means all revenue that is received,
directly or indirectly, by the grantee from, or in
connection with, the distribution of any cable service
within the franchise service area, and any other service provided within the franchise service area that may,
under existing or future federal law, be included in the Communications Act definition for the purpose of
calculating and collecting the maximum allowable
franchise fee for operation of the system, whether or
not authorized by any franchise, including, without
limitation, leased or access channel revenue received,
directly or indirectly, from or in connection with the
distribution of any cable service. It is intended that all revenue collected by the grantee from the provision of
cable service over the system, whether or not
authorized by the franchise, be included in this
definition. GROSS REVENUE also specifically
includes any revenue received, as reasonably
determined, from time to time, by the city, through
any means that is intended to have the effect of
avoiding the payment of compensation that would
otherwise be paid to the city for the franchise granted, including the fair market value of any non-monetary
(i.e., barter) transactions between the grantee and any person, but not less than the customary prices paid in
connection with equivalent transactions. GROSS
REVENUE also includes any bad debts recovered,
payments received for the lease or license to third
parties of excess capacity in fiber optic cables or
similar transmission facilities and all revenue that is received by the grantee, or its subsidiaries or affiliated companies, directly or indirectly, from or in
Packet Page. 1374
San Bernardino - Franchises26
connection with the distribution of any service over the system or the conduct of any service-related activity
involving the system, including, without limitation,
revenues derived from advertising sales, the sale of
products or services on home shopping channels and
the sale of program guides.
(b) GROSS REVENUE does not
include:
1. The revenue of any person to
the extent that such revenue is also included in the
gross revenue of grantee;
2. Taxes imposed by law on
subscribers that grantee is obligated to collect;
3. Amounts that must be
excluded pursuant to applicable law;
4. Bad debt; and
5. Deposits and refunds.
MULTI-CHANNEL VIDEO
PROGRAMMING DISTRIBUTOR or VIDEO
PROGRAMMING DISTRIBUTOR. A person, such
as, but not limited to, a cable system operator, an open video system operator, a multi-channel multi-point
distribution service, a direct broadcast satellite service or a television receive-only satellite program
distributor, who makes available multiple channels of
video programming for purchase by subscribers or
customers.
OPEN VIDEO SYSTEM. A facility
consisting of a set of transmission paths and associated signal generation, reception and control equipment that is designed to provide cable service, including video
programming, and that is provided to multiple
subscribers within the city; provided that the FCC has
certified that such system is authorized to operate in the city and complies with 47 C.F.R. §§ 1500 et seq.,
titled “Open Video Systems.”
OPEN VIDEO SYSTEM OPERATOR. Any
person or group of persons who provides cable service
over an open video system and directly or through one
or more affiliates owns a significant interest in that
open video system, or otherwise controls or is
responsible for the management and operation of that
open video system.
PERSON. An individual, partnership,
limited liability company, association, joint stock
company, trust, corporation or governmental entity.
PUBLIC, EDUCATIONAL OR
GOVERNMENT ACCESS FACILITIES , PEG
ACCESS FACILITIES or PEG ACCESS. The total of
the following:
(a) Channel capacity designated for
non-commercial public, educational or government
use; and
(b) Facilities and equipment for the use
of that channel capacity.
STREET or PUBLIC RIGHT-OF-WAY.
Each of the following that has been dedicated to the
public and maintained under public authority or by
others and is located within the city limits: streets,
roadways, highways, avenues, lanes, alleys,
sidewalks, easements, rights-of-way and similar public
property that the city, from time to time, authorizes to be included within the definition of a street.
SUBSCRIBER or CUSTOMER or
CONSUMER. Any person who, for any purpose,
subscribes to the services provided by a multi-channel
video programming distributor and who pays the
charges for those services.
TELECOMMUNICATIONS. The
transmission, between or among points specified by
the user, of information of the user’s choosing,
without change.
Packet Page. 1375
Cable, Video and Telecommunications Service Providers 27 TELECOMMUNICATIONS EQUIPMENT.
Equipment, other than customer premises equipment,
used by a telecommunications service provider to
provide telecommunicati ons service, including
software that is integral to that equipment.
TELECOMMUNICATIONS SERVICE.
The offering of telecommunications directly to the
public for a fee, or to such classes of users as to be
effectively available directly to the public, regardless of the equipment or facilities that are used.
TELECOMMUNICATIONS SERVICE
PROVIDER. Any provider of telecommunications
service.
U.S.C. The United States Code. Thus, the
citation of “47 U.S.C. § 153” refers to title 47,
section 153 of the United States Code.
VIDEO PROGRAMMING PROVIDER.
Any person or group of persons who has the right
under the federal copyright laws to select and to
contract for the carriage of specific video
programming on a cable system or an open video
system.
VIDEO PROVIDER. Any person, company
or service that provides one or more channels of video
programming to a residence, including a home,
multi-family dwelling complex, congregate-living
complex, condominium, apartment or mobile home,
where some fee is paid for that service, whether
directly or as included in dues or rental charges, and
whether or not public rights-of-way are used in the
delivery of that video programming. A VIDEO
PROVIDER includes, without limitation, providers of
cable television service, open video system service,
master antenna television, satellite master antenna
television, direct broadcast satellite, multi-point
distribution services and other providers of video
programming, whatever their technology.
(B) Unless otherwise expressly stated, words,
terms, phrases and abbreviations not defined in this
section will be given their meaning as used in 47
U.S.C., as amended, and, if not defined in that Code,
their meaning as used in 47 C.F.R.
ARTICLE VI. VIOLATIONS; ENFORCEMENT
§ 14.08.27 VIOLATIONS; ENFORCEMENT.
(A) Any person who willfully violates any
provision of this chapter is guilty of a misdemeanor
and is punishable as provided for in Chapter 1.12.
(B) The misdemeanor penalty specified in
division (A) above is not applicable to a violation of
any provision of this chapter for which another
sanction or penalty may be imposed under any
franchise, license, lease or similar written agreement
between the city and a multi-channel video
programming distributor or other telecommunications
service provider.
(C) The city may initiate a civil action in any
court of competent jurisdiction to enjoin any violation of this chapter.
(Ord. 3934, passed 5-12-1980; Ord. 3952, passed
7-22-1980; Ord. MC-258, passed 3-28-1983; Ord.
MC-460, passed 5-15-1985; Ord. MC-492, passed
1-22-1986; Ord. MC-667, passed 7-19-1989; Ord.
MC-870, passed 4-20-1993; Ord. MC-1242, passed
3-20-2007; Ord. MC-1484, passed 4-18-2018)
Packet Page. 1376
TITLE 15: BUILDINGS AND CONSTRUCTION
Chapter
15.04. BUILDING CODES
15.05. PROPERTY MAINTENANCE CODE
15.08. LIQUEFACTION
15.10. FOOTHILL FIRE ZONE BUILDING STANDARDS
15.11. BUILDING SAFETY ENHANCEMENT AREA BUILDING
STANDARDS
15.12. EARTHQUAKE HAZARD REDUCTION IN EXISTING
BUILDINGS
15.16. UNIFORM FIRE CODE
15.20. CERTIFICATE OF OCCUPANCY
15.24. PROPERTY MAINTENANCE REQUIREMENTS
15.25. MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION
PROGRAM
15.26. SINGLE-FAMILY RENTAL PROPERTY INSPECTION
PROGRAM
15.27. MULTI-FAMILY RENTAL HOUSING PROGRAM
MAINTENANCE STANDARDS
15.28. DANGEROUS BUILDINGS
15.32. RESERVED
15.34. REMOVAL OR DESTRUCTION OF TREES
15.36. DEMOLITION AND MOVING OF BUILDINGS AND
STRUCTURES
15.37. HISTORIC BUILDING DEMOLITION ORDINANCE
1 Packet Page. 1377
San Bernardino - Buildings and Construction2
15.38. RESERVED
15.40. RESERVED
15.44. RESERVED
15.48. SWIMMING POOLS
15.52. RESERVED
15.55. CITY ASSUMPTION OF CODE ENFORCEMENT IN
MOBILE HOME PARKS
15.56. RESERVED
15.57. CULTURAL DEVELOPMENT CONSTRUCTION TAX
15.60. RESERVED
15.64. RESERVED
15.68. WASHERS, DRYERS, EXTRACTORS AND
COMPRESSORS
15.72. RESERVED
15.73. VERDEMONT AREA - INFRASTRUCTURE FEE
15.74. VIOLATION - PENALTY
Statutory reference:
For provisions authorizing cities to adopt codes by reference, see Cal. Gov’t Code, §§ 50022.1 et seq.
For provisions authorizing cities to regulate buildings and construction, see Cal. Gov’t Code, §§ 38601 and 38660.
For provisions on the construction of housing, see Cal. Health and Safety Code, §§ 17910 et seq.
Packet Page. 1378
CHAPTER 15.04: BUILDING CODES
Section
15.04.010 Citation
15.04.020 Adoption of codes
15.04.030 Applicability
15.04.040 Definition
15.04.050 CBC Chapter 1, Section 105.5.1
is added - prima facie evidence of
abandoned work
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 reports
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
Editor’s note:
This chapter is added by Ord. MC-1433,
passed 12-21-2016.
§ 15.04.010 CITATION.
The ordinance codified in this chapter shall be
known as the “San Bernardino Building Code”
hereinafter referred to as the “Building Code.”
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.020 ADOPTION OF CODES.
(A) Except as provided in this chapter, the code
currently adopted the State Building Code under Title
24 Sections Parts 1-6, 81 , 9 and 11 of the CCR,
known and designated as the 2019 California Building
Codes (“CBC”), as adopted by the State of California,
based on the 2018 International Building Code,
published by the International Code Council and the
Plumbing and Mechanical Codes, written by IAPMO,
and the National Electrical Code and Fire Code, as
written by NFPA, shall become the administrative
provisions of the city for regulating the construction, erection, enlargement, alteration, repair, moving,
removal, demolition, conversion, occupancy,
equipment use and occupancy and maintenance of all
buildings and/or structures in the city. Chapter 1 of the 2019 California Building Code and all other formally
adopted Building Codes will be on file for public
examination in the offices of the Building Official, as required by state law. Except as provided in this
chapter, the code currently adopted State Building
3 Packet Page. 1379
San Bernardino - Buildings and Construction4
Code under Title 24 Sections Parts 1—6, 8, 9 and 11
of the CCR known and designated as the 2022
California Building Codes (“CBC”), as adopted by the
State of California, based on the 2021 International
Building Code published by the International Code
Council and the Plumbing and Mechanical Codes
written by IAPMO and the National Electrical Code
and Fire Code as written by NFPA, shall become the
administrative provisions of the city for regulating the construction, erection, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy,
equipment, use and occupancy and maintenance of all
buildings and/or structures in the city. Chapter 1 of the 2022 California Building Code and all other formally
adopted building codes will be on file for public
examination in the offices of the Building Official, as required by state law.
(B) The city does formally adopt the state model
building codes into local law as listed below:The city
does hereby formally adopt the state model building
codes into local law as listed below:
(1) 2019 California Administrative Code,
Title 24, Part 1;2022 California Administrative Code,
Title 24, Part 1;
(2) 2019 California Building Code, Title
24, Part 2 (Volumes 1 and 2);2022 California Building
Code, Title 24, Part 2 (Volumes 1 and 2);
(3) 2019 California Electrical Code, Title
24, Part 3 (based on 2017 NEC); 2022 California
Electrical Code, Title 24, Part 3 (based on 2017
NEC);
(4) 2019 California Mechanical Code, Title
24, Part 4 (based on 2018 Uniform Mechanical
Code);2022 California Mechanical Code, Title 24,
Part 4 (based on 2018 Uniform Mechanical Code);
(5) 2019 California Plumbing Code, Title
24, Part 5;2022 California Plumbing Code, Title 24,
Part 5;
(6) 2019 California Energy Code, Title 24,
Part 6;2022 California Energy Code, Title 24, Part 6;
(7) 2019 California Historical Building
Code, Title 24, Part 8; 2022 California Historical
Building Code, Title 24, Part 8;
(8) 2019 California Fire Code, Title 24,
Part 9 (specific amendments to the California Fire
Code are to be adopted by district for the greater
County Fire District and will include office of the
State Fire Marshal requested amendments); 2022
California Fire Code, Title 24, Part 9 (specific
amendments to the California Fire Code are to be
adopted by district for the greater County Fire District and will include office of the State Fire Marshall
requested amendments);
(9) 2019 California Green Building
Standards Code, Part 11; 2022 California Green
Building Standards Code, Part 11;
(10) Uniform Code for the Abatement of
Dangerous Buildings (“UCADB”), 1997
edition;Uniform Code for the Abatement of Dangerous
Buildings (“UCADB”), 1997 edition;
(11) International Residential Code,
Appendix H, 2018 edition; International Residential
Code, Appendix H, 2021 edition;
(12) International Property Maintenance
Code (“IPMC”), 2018 edition.International Property
Maintenance Code (“IPMC”), 2021 edition; and
(13) International Existing Building Code
(“IEBC”), 2021 edition.
(C) Copies of all codes listed above shall be on
file in the Community and Economic Development
Department office for inspection and reference and
copies of each code shall be furnished to the Building
Official and each deputy. These codes are also
available for view on the International Code
Conference website: http://www.ICCsafe.org Copies
of all codes listed above shall be on file in the
Community and Economic Development Department
office for inspection and reference and copies of each
code shall be furnished to the Building Official and
each deputy. These codes are also available for view
on the International Code Conference website:
http://www.ICCsafe.org
Packet Page. 1380
Building Codes 5
(D) All sections of the codes listed here and
legally, adopted by the State Building Standards
Commission or by the office of the State Fire Marshal,
shall be formally adopted by the city as the California Building Code to be enforced within the city limits, as required by state law. Sections and appendices not
specifically adopted by the aforementioned state
offices are adopted by reference. All sections of the
code listed here and legally adopted by the State
Building Standards Commission or by the office of the
State Fire Marshal shall be formally adopted by the
city as the California Building Code to be enforced
within the city limits as required by state law. Sections and appendices not specifically adopted by the
aforementioned state offices are hereby adopted by
reference.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.04.030 APPLICABILITY.
(A) It shall be unlawful to erect, construct,
change the occupancy, alter, repair, rehabilitate,
remove, move or maintain any building or structure,
or grade or alter any land, in the city in violation of, or without complying with, the appropriate provisions
of this chapter.
(B) The California Building Standards Code shall
govern and prevail in the event of any inconsistency or conflict between the building standards within the
California Building Standards Code, as adopted and
amended by the city, and the building standards in any
other code.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019)
§ 15.04.040 DEFINITION.
For the purpose of this chapter, the following
definition shall apply unless the context clearly
indicates or requires a different meaning.
CITY. In the above mentioned section and codes,
shall be deemed to refer to and designate the City of
San Bernardino, and any reference to any act or
legislative enactments herein referred to shall be
deemed to designate and embrace the statutes of the
state, and the amendments thereof, dealing with the
subject matter thereby and therein referred to.
(Ord. MC-1433, passed 12-21-2016)
§ 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:”
Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180day period shall be prima facie evidence that the work has been aba ndoned and the permit shall have expired.Failure on the part of the permittee to obtain an inspection and to demonstrate substantial progress to the satisfaction of the Building Official within any 180- day period shall be prima facie evidence that the work has been abandoned and the permit shall have expired.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.04.060 CBC CHAPTER 1, SECTION
112.1.1 IS ADDED - BOARD OF APPEALS
DESIGNATED.
Section 113.1.1, “Board of Appeals designated:”
1. The Board of Building Commissi oners of the City of San Bernardino shall serve as the Board of Appeals. The
Building Official or his designee shall be Clerk of the Board.
The Board shall have such duties as are delegated to it by the California Building Code (CBC) as adopted by the City, and other duties as may be delegated by other provisions of the San Bernardino Municipal Code. The Board of Building
Commissioners of the City of San Bernardino shall serve as the Board of Appeals. The Building Official or his designee shall be Clerk of the Board. The Board shall have such duties as are delegated to it by the California Building Code (CBC) Section 113 as adopted by the City, and other duties as may be delegated by ot her provisions of the San
Bernardino Municipal Code.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
Packet Page. 1381
San Bernardino - Buildings and Construction6
§ 15.04.070 CBC CHAPTER 1, SECTION 105.2,
ITEM 2 IS AMENDED - FENCES NOT
REQUIRING A BUILDING PERMIT.
2. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approve d by the Building Official, unless an alternate engineered design is 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. Fences not over 6 feet high, except concrete and masonry fences greater than three (3) feet above grade. Masonry fences shall be constructed in accordance with the standard design specifications approved by the Building Official, unless an alternate engineered design is submitted and appr oved. 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.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.04.080 RESERVED.
[Reserved]
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019)
§ 15.04.090 CBC SECTION 2204.1.1 IS ADDED
- QUALIFICATION OF WELDING
OPERATORS.
Section 2204.1.1, “Qualification of welding
operators:”
In addition to Section 2204.1, the following subsections shall govern all welding work:
1. All welding shall be done by qualified operators approved by the Building Official. The Building Official shall prescribe rules and regulations for th e tests of welders, and no operator shall be approved by the Building Official unless and until he/she has first successfully completed such tests as may be given by the Depart ment of Adult Vocational
Education of the San Bernar dino City Schools, or San
Bernardino Valley College, or has obtai ned such approval because he/she holds a current welding certificate issued by an accredited testing agency based upon the requirements of the California Department of Adult-Vocational Education.
A certificate shall be issued to operators by the Building Official upon successful completion of the required test or tests and/or approval as aforesaid being obtained. Requests for the certificate shall be made by the operator within thirty (30) days after completion of the test. The certificate shall be valid for two years. Subsequent certificates may be obtained by successful completion of re quired tests, or when the approved operator submits sufficient evid ence to the
Department of Adult-Vocatio nal Education of the San
Bernardino City Schools, or San Bernardino Valley College that he/she has regularly engaged in such work and that such work has been satisfactorily performed during the past year.
2. Every welder employed for weld ing of steel plate of No. 8 gauge thickness or less shall be qualified for light gauge welding. Every welder employed for field welding shall be qualified to weld in the flat, vertical and overhead positions.
Welders, including light gauge welders who are employed for shop welding, shall be qualified in the flat, vertical and horizontal positions.
3. Structural steel welding ope rators shall be qualified as prescribed by the latest editi on of the Structural Welding Code of the American Welding Society.
4. After a welder has passed the required tests, he/ she must be capable of performing neat and consistently good work in actual operation. Carelessness, inability to maintain a uniform arc and poor workmanship will be deemed sufficient cause for revocation of the welder’s certificate.
5. A fee of forty dollars ($ 40) will be charged by the City of San Bernardino for each original or renewed certificate, which shall be valid for two (2) years.
6. At the time application is made, a certificate may be issued without examination upon presen tation of proper evidence that the welder is currently approved for the position either by the Department of Adult-Vo cational Education or other acceptable proof of qualification.
7. Testing shall be done under the supervision of the San Bernardino City Schools, Depa rtment of Adult-Vocational Education of San Bernardi no Valley College or other
accredited testing agency.
(Ord. MC-1433, passed 12-21-2016)
Packet Page. 1382
Building Codes 7
§ 15.04.100 CBC SECTION 3109.1.1 IS ADDED
- BARRIERS FOR SWIMMING POOLS.
The requirements of CBC Section 3109, shall apply to
single-family swimming pool barriers. Swimming pools, spas, and hot tubs for which an application for a building permit was submitted prior to July 23, 1993 shall comply with the
requirements contained in Chap ter 15.48 of the San Bernardino Municipal Code.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.110 CBC APPENDIX J, SECTION
J101.3 IS ADDED - ALQUIST-PRIOLO
EARTHQUAKE FAULT ZONES.
J101.3 Alquist-Priolo Earthquake Fault Zones. This chapter shall also include those requirements se t forth in the “Alquist-Priolo Earthquake Fault Zoning Act (Division 2, Chapter 7.5, California Public Resources Code). This Act is intended to represent minimum criteria for all structures that fall within the boundaries as shown on the “Earthquake Fault Zones Maps” as prepared by the California Division of Mines and Geology.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.120 CBC APPENDIX J, SECTION
J101.4 IS ADDED - ENFORCEMENT
AUTHORITY.
J101.4 Enforcement Authority. The Building Official of the City of San Bernardino or his/ her designee shall have the authority for the enforcement of CBC Appendix J and any amendments thereto. (Ord. MC-1433, passed 12-21-2016; Ord. MC-1521,
passed 9-18-2019)
§ 15.04.130 ON-SITE IMPROVEMENT
PERMIT.
No person shall construct any on-site
improvement for motor vehicle parking or vehicle
circulation, the disposal of waste through a private
sewer main, the conveyance of storm waters or
landscaping and irrigation systems, without first
obtaining a permit from the Building Official. A
permit issued by the Building Official, for the purpose of construction of the improvements, set forth herein,
shall hereafter be known as an “on-site improvement
permit.”
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.140 PREPARATION OF GRADING
PLANS.
A grading plan and a grading permit shall be
required for any grading activity involving more than
50 cubic yards. All grading plans shall be prepared by
a registered civil engineer.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.150 ON-SITE IMPROVEMENT PLANS
AND SPECIFICATIONS.
When required by the Building Official, plans and
specifications, and verification of land use entitlement, shall accompany each application for an on-site
improvement permit. Plans and specifications required
by the Building Official shall be prepared and signed
by a registered civil engineer. Specifications may be
incorporated into the plans as general notes in lieu of a separate document. Verification of land use
entitlement requirements are incorporated into the
Grading Policy promulgated by the Department of
Community Development and Housing.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1625,
passed 2-21-2024)
§ 15.04.160 INFORMATION ON ON-SITE
IMPROVEMENT PLANS.
On-site improvement plans shall contain all
information set forth in CBC Chapter 1, § 105.3 and
shall include additional information as required by the Building Official.
(Ord. MC-1433, passed 12-21-2016)
Packet Page. 1383
San Bernardino - Buildings and Construction8
§ 15.04.170 ON-SITE IMPROVEMENT PLAN
REVIEW AND PERMIT FEES.
(A) When an on-site improvement plan is
required to be submitted, a plan review fee shall be
paid at the time of submittal of plans and
specifications. Items to be reviewed shall be
improvements including, but not limited to, paving,
curbs, sidewalks, private sewer mains, drainage
facilities, landscaping and irrigation systems.
(B) Fees for each on-site improvement permit
shall be paid to the city at the time of permit issuance.
Said on-site plan review and permit fees shall be in an amount established by resolution of the Mayor and
Common
City Council.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.180 INSPECTION OF ON-SITE
IMPROVEMENTS.
All on-site improvements for which a permit is
required shall be subject to inspection by the Building Official, or his or her designee.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.190 BONDS REQUIRED.
(A) A grading permit shall not be issued unless
the applicant has first posted with the Building Official a good and sufficient surety bond, cash, letter of credit (Col
LC) or certificate of deposit in such an amount as
the Building Official shall estimate and determine to be necessary to cover the total cost of the project,
including corrective work necessary to remove and
eliminate geological hazards. The Building Official
shall require a written itemized estimate of the costs of the grading. The amount of the required bond, cash,
instrument of credit or certificate of deposit is based on the estimate of cost and shall be given to the owner or applicant prior to the issuance of the permit.
(B) When security for the grading is provided for
a development on the site where the grading is to be
done, the bond for the grading required shall be
released upon submission of evidence by the permittee
to the Building Official that the grading work is
complete and signed off by the construction engineer.
(C) An agreement between the Redevelopment
Agency, the Inland Valley Development Agency or the
San Bernardino International Airport Authority, and
the city, approved by the City Attorney and
unconditionally providing and guaranteeing that said
Agency shall provide those grading and other
improvements and pay the costs thereof required, may
be filed with the Building Official as security in lieu of said bond, cash or certificate of deposit wherever said project is located in a redevelopment project area and
the agreement recites that the street improvements are
in compliance with the Redevelopment Plan for said
area and in furtherance of the public interest in
promoting public or private development.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.200 CBC APPENDIX J, SECTION
J110.1 IS ADDED - PLANTING OF SLOPES.
J110.1.1 Planting of Slopes. The Building Official may waive the planting of any slope less than 5 feet in vertical height. An automatic irrigation system shall be installed for planted slopes unless recommended otherwise in the preliminary soils report or waived by the Building Offici al. If required by the Building Official, a recommendation for types of planting materials shall be obtained from a Landscape Architect. The Landscape Architect shall, prior to final inspection, provide the Building Official with a statement that the planting has been done in accordance with his recommendations approved by the Building Official.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.210 CBC APPENDIX J, SECTION J112
IS ADDED - GRADING OPERATIONS.
J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitleme nt and shall take reasonable preventive measures, as directed by the Building Official and
Packet Page. 1384
Building Codes 9
incorporated into the Grad ing Policy promulgated by the Community and Economic Devel opment Department, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveya nce vehicles or by other causes.J112.1 General. All parties performing grading operations, under a grading permit issued by the Building Official, shall have verification of land use entitleme nt and shall take reasonable preventive measures, as directed by the Building Official and incorporated into the Grad ing Policy promulgated by the Community Development Departme nt, to avoid earth or other materials from the premises being deposited onto adjacent streets or properties, by the action of storm waters or wind, by spillage from conveyance vehicles or by other causes.
Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated re presentative or observed and supervised by such an individua l. Typical qualified individuals would include a licensed contractor, geologist or engineer.Grading operations of 50 cubic yards or more shall be performed by qualified individuals/entities demonstrating proficiency in grading operations to the satisfaction of the Building Official or the Building officials designated re presentative or observed and supervised by such an individua l. Typical qualified individuals would include a licensed contractor, geologist or engineer.
J112.2 Removal of Materials With in 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their designees, to remove the earth or materials, or within such additional time as may be allowed by written notice. J112.2 Removal of Materials Within 24 Hours. Earth or other materials which are deposited on adjacent streets or properties shall be completely removed by the permittee as soon as practical, but in any event within 24 hours after receipt of written notice from the Building Official, or NPDES Coordinator, or their de signees, to remove the earth or materials, or within such add itional time as may be allowed by written notice.
J112.3 Noncompliance. In the ev ent that any party performing grading shall fail to comply with the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading. J112.3 Noncompliance. In th e event that any party performing grading shall fail to comply w ith the requirements of this Section, the Building Official shall have the authority to engage the services of a contractor to remove the earth or other materials. All charges incurred for the services of the contractor shall be paid to the City by the permittee prior to acceptance of the grading.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1525,
passed 1-15-2020; Ord. MC-1643, passed 10-2-2024)
§ 15.04.220 CBC APPENDIX J, SECTION
J110.3 IS ADDED - FINAL REPORTS.
J110.3 Final Reports. A statement from the Landscape Architect s h a ll be submitted to the City Engineer stating that the planting and irrigation system(s) have been installed in accordance with his recommendations.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.230 DRIVEWAY CONFIGURATIONS.
(A) Driveways to residential garages of more
than 30 feet in length shall extend for a minimum
distance of 20 feet from the garage on a maximum
grade of 5%. Driveways less than 30 feet in length
shall have a maximum grade of 8% for a minimum
distance of 20 feet from the garage. No portion of a
driveway shall exceed a grade of 20%.
(B) Driveways shall be designed so that the
algebraic difference in grades will not cause a car to
drag or hang up.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.240 LOCATION OF SLOPES.
Slopes shall be positioned on the downhill lot
unless waived by the City Engineer.
(Ord. MC-1433, passed 12-21-2016)
§ 15.04.250 AUTOMATIC FIRE SPRINKLER
SYSTEMS - RESIDENTIAL ADDITIONS.
That authority to require passive fire suppression
(sprinklers) for residential additions will be determined by the acting Fire Authority based on availability of
water and existing hydrants fire flow within the area of the proposed structure.The authority to require passive fire suppression (sprinklers) for residential additions will be determined by the acting Fire Authority based
on availability of water and existing hydrants fire flow within the area of the proposed structure.
(Ord. MC-1433, passed 12-21-2016; Ord. MC-1525,
passed 1-15-2020; Ord. MC-1643, passed 10-2-2024)
§ 15.04.260 STOP WORK ORDER.
Packet Page. 1385
San Bernardino - Buildings and Construction10
(A) Any person, firm or corporation who
continues work on a building or structure after a stop
work order has been issued by any of the employees
listed in § 9.90.010(A)(2), (A)(3), (A)(4), (A)(5),
(A)(6) or (A)(8) shall be guilty of a misdemeanor.
(B) Each day during any part of which the
activity prohibited by division (A) above continues
shall be a distinct and separate offense.
(Ord. MC-1433, passed 12-21-2016)
Packet Page. 1386
CHAPTER 15.05: PROPERTY MAINTENANCE CODE
Section
15.05.010 Citation of sections
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 112.4 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
15.05.300 Vacant building board-up
standards
Cross-reference:
Adoption of International Property Maintenance
Code (“IPMC”), 2018 edition, see § 15.04.020.
§ 15.05.010 CITATION OF SECTIONS.
This chapter shall be known as the “Property
Maintenance Code,” and may be cited as such. For
purposes of citation, the International Property
Maintenance Code, 2018 edition published by the
International Code Conference, adopted by reference
and amended by the city, is renumbered by adding
“15.05.” before each section. This chapter shall be
known as the “Property Maintenance Code,” and may
be cited as such. For purposes of citation, the
International Property Maintenance Code, 2021
edition, published by the International Code
Conference, adopted by reference and amended by the
city, is renumbered by adding “15.05.” before each
section.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.05.020 SECTION 102.3 AMENDED.
International Property Maintenance Code, § 102.3
is amended to read as follows.
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 Ad ministrative Code, California Building Code, California Ener gy Code, California Historical Building Code, California Existing Building Code, California Fire Code, California Plumbing Code, California Mechanical Code, and California Electrical Code. No thing in this code shall be construed to cancel, modify or set aside any provision of the San Bernardino Municipal Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.030 SECTION 103.1 AMENDED.
11 Packet Page. 1387
San Bernardino - Buildings and Construction12
International Property Maintenance Code, § 103.1
is amended to read as follows.
103.1 “The Chief of Police or the Director of Community Development and Housing or their authorized representatives shall be known as the code official as referenced in the International Property Maintenance Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019; Ord. MC-1625, passed 2-21-2024)
§ 15.05.040 SECTION 104.3 AMENDED.
International Property Maintenance Code, § 104.3
is amended to 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 Procedure
of the State of California.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.050 SECTION 106.4 AMENDED.
International Property Maintenance Code, § 106.4
is amended to read as follows.
106.4 “Violation penalties. Any person violating any of the provisions of this title, including, but not limited to, adopted model codes, as amended in this title, shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93 of the San Bernardino Municipal Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.060 SECTION 107.1 AMENDED.
International Property Maintenance Code, § 107.1
is amended to read as follows.
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 viola tion has occurred, notice shall be given in the manner prescribed in Sections 107.2 and 107.3, or in the manner provided by San Bernardino Municipal Code Section
9.92.050, to the person responsible for the violation as specified in this code. Notices for condemnation procedures shall also comply with Section 108.3.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.070 SECTION 111 AMENDED.
International Property Maintenance Code, § 111
and subsections are amended to read as follows.
111 “A party aggrieved by a notice or order issued under this code may appeal in the manner set fort h in Chapter 9.94 of the San Bernardino Municipal Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.080 SECTION 112.4 AMENDED.
International Property Maintenance Code,
§ 112.4, “Failure to comply,” is amended to read as
follows.
112.4 Failure to Comply “Any person, firm or corporation who continues work 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 a misdemeanor, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be liable to a fine of not less than one hundred do llars ($100.00) and not more than one thousand dollars ($1,000.00) for each day of the violation. Each day during any part of which the activity prohibited by subdivision 112. 1 of this section continues shall be a distinct and separate offense.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.090 SECTION 201.3 AMENDED.
International Property Maintenance Code, § 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 Resi dential Code, California Green Building Standards Code, Califor nia Energy Code, California Historical Building Code, Calif ornia Existing Building Code, California Fire Code, Califor nia Plumbing Code, California Mechanical Code, or Californi a Electrical Code, or any code adopted by reference under Chap ter 15 of the San Bernardino Municipal Code, such terms shall have the meanings ascribed to them as stated in those codes.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
Packet Page. 1388
Property Maintenance Code 13
§ 15.05.100 SECTION 302.4 AMENDED.
International Property Maintenance Code,
§ 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.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.110 SECTION 302.9 AMENDED.
International Property Maintenance Code,
§ 302.9, “Defacement of property,” is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.120 SECTION 304.3 AMENDED.
International Property Maintenance Code, § 304.3
is amended to read as follows.
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.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.130 SECTION 304.14 AMENDED.
International Property Maintenance Code,
§ 304.14 is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.140 SECTION 304.18 AMENDED.
International Property Maintenance Code,
§ 304.18 is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.150 SECTION 307 AMENDED.
International Property Maintenance Code, § 307,
“Handrails and guardrails,” is amended to read as
follows.
307 Handrails and Guardrails “Every exterior and interior flight of stairs shall have a handrail and guard per the requirements of the adopting code at the time the building was permitted. Handrails and guardrails shall be maintained in a safe and useful condition.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.160 SECTION 401.3 AMENDED.
International Property Maintenance Code, § 401.3
is amended to read as follows.
401.3 Alternative Devices “In lieu of the means for natural light and ventilation herein prescribed , artificial light or mechanical ventilation complying with th e California Building Code or California Residential Code shall be permitted.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.170 SECTION 502.5 AMENDED.
International Property Maintenance Code,
§ 502.5, “Public toilet facilities,” is amended to read as follows.
502.5 Public Toilet Facilities “P ublic toilet facilities shall be maintained in a safe sanitary 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.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.180 SECTION 505.1 AMENDED.
International Property Maintenance Code,
§ 505.1, “Plumbing Fixture Connections,” is amended
to read as follows.
Packet Page. 1389
San Bernardino - Buildings and Construction14
505.1 Plumbing Fixture Connec tions “General. Every sink, lavatory, bathtub or shower, dr inking fountain, water closet or other plumbing fixture shall be properly connected to either a public water system or to an a pproved 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.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.190 SECTION 602.2 AMENDED.
International Property Maintenance Code,
§ 602.2, “Heating facilities,” is amended to read as
follows.
602.2 Heating Facilities “Residential occupancies. Interior spaces intended for human occupanc y shall be provided with
permanently-installed heating fac ilities capable of maintaining a room temperature of 68 degrees F (20 C) in all habitable rooms.” (Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.200 SECTION 602.3 AMENDED.
International Property Maintenance Code,
§ 602.3, “Heat supply,” Exceptions #1 and #2 are
deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.210 SECTION 602.4 AMENDED.
International Property Maintenance Code,
§ 602.4, “Occupiable work spaces,” is deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.220 SECTION 604.2 AMENDED.
International Property Maintenance Code,
§ 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 dete rmining the need for additional facilities in accordance with the California Electrical Code.
Dwelling units shall be served by a three- wire, 120/ 240 volt, single phase electrical service having a rating of not less than 60 amperes.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.230 SECTION 604.3.1.1 AMENDED.
International Property Maintenance Code,
§ 604.3.1.1, “Electrical equipment,” is amended to
read as follows.
604.3.1.1 Electrical Equipment “Electrical equipment. Electrical distribution equipment, moto r circuits, power equipment, transformers, wire, cable, flexible cords, wiring devices, ground fault circuit interrupters, arc fa ult circuit interruptors, surge protectors, molded case circu it 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 are hereby deleted.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.240 SECTION 604.3.2.1 AMENDED.
(A) International Property Maintenance Code,
§ 604.3.2.1, “Electrical equipment,” is amended to
read as follows.
604.3.2.1 Electrical Equipment “Electrical switches, receptacles and fixtures, including furnace, waterheating, security system and power distribution circuits, that have been exposed to fire, shall be replaced in accordance with the provisions of the California Building Code, or California Electrical Code.”
(B) The exception provisions of § 604.3.2.1 of
the IPMC are deleted.
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.250 SECTION 702.1 AMENDED.
International Property Maintenance Code,
§ 702.1, “General,” is amended to read as follows.
Packet Page. 1390
Property Maintenance Code 15
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 comply with the California Fire Code, Californi a Residential Code, or the California Building Code, whichever is more restrictive.” § 15.05.260 SECTION 702.2 AMENDED.
International Property Maintenance Code,
§ 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.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.270 SECTION 702.3 AMENDED.
International Property Maintenance Code,
§ 702.3, “Locked doors,” is amended to read as
follows.
702.3 Locked Doors “Locked Doors. All means of egress doors 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, Californi a Building Code, or California Residential Code, whichever is more restrictive.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.280 SECTION 704.1 AMENDED.
International Property Maintenance Code,
§ 704.1, “General,” is amended to read as follows.
704.1 Fire Protection Systems “General. All systems, devices and equipment to detect a fire, actuate an alarm, or suppress or control a fire or any combination ther eof shall be maintained in an operable condition at all times in accordance with the California Fire Code.”
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.290 SECTION 704.2 AMENDED.
International Property Maintenance Code,
§ 704.2, “Smoke alarms,” is amended to read as
follows.
704.2 Smoke Alarms “Smoke alarms. Smoke alarms shall be installed and maintained in acco rdance with the California Fire Code, California Residential Code, or the California Building Code, whichever is more restrictive
(Ord. MC-1417, passed 10-5-2015; Ord. MC-1521,
passed 9-18-2019)
§ 15.05.300 VACANT BUILDING BOARD-UP
STANDARDS.
(A) Vacant and abandoned buildings shall be
boarded pursuant to the following guidelines, which
are modeled after, in part, guidelines of the United
States Department of Housing and Urban
Development.
(1) Board requirements.
(a) All first floor windows and doors
and all basement windows and doors should have
plywood covering the entire opening and frame.
(b) The covering should be secured
with carriage bolts.
(c) Any health and safety hazard
caused by any protruding bolts used to secure boarding
must be eliminated.
(d) The use of nails is prohibited.
(e) There shall be no boarding above
the first floor unless entry is possible without use of a ladder, and the opening is large enough for a person to easily pass through; openings above the first floor that do not meet this test should be secured but not
boarded.
Packet Page. 1391
San Bernardino - Buildings and Construction16
(f) If security bars are located on
windows/doors, boarding is not required.
(g) Openings too small for a person to
pass through, particularly pet openings in doors,
should be secured but not boarded.
(h) To ensure that no hazards exist,
remove all broken glass from the windows and
surrounding interior and exterior areas.
(2) Specifications for plywood boarding.
(a) Exterior plywood should be of
un-sanded CDX grade.
(b) Plywood thickness should be
one-half-inch for window openings, five-eighths-inch
for door openings and three-fourths inch for sliding
door and French door openings. When extra large
window openings are encountered, use
five-eighths-inch or three-fourths-inch, as necessary.
(c) All holes should be drilled to
accommodate bolts. The holes in the top of the
plywood should be 12 inches down from the top and
20% of the width of the plywood cover, in from the
side.
(d) The holes in the bottom should be
25% of the height of the plywood, up from the bottom
and the same distance in from the side as the top.
(e) Carriage bolts mated with nut and
two three-inch flat washers as shown in the side view.
Washers to be of sufficient size to fully accept the
square portion of bolt beneath head. Bolt and mating
hardware may be galvanized or cadmium plated.
Three-eighths-inch by 12-inch bolts should be supplied
with each two-foot, eight-inch door; three-foot door;
and glass sliding door cover. Three-eighths by ten-inch bolts should be supplied with the rest.
(f) Two-inch by four-inch lumber
should be graded and should be a minimum of 16
inches longer than the width of the plywood cover.
(Note: two by fours will be drilled with one-half-inch
diameter holes that line up with the holes in the
plywood covers.)
(g) All windows and doors, except the
front door, through which access to the interior of the dwelling is made, should be secured. All window
boards will be cut to fit inside the concrete block or
brick opening with a maximum one-eighth-inch
clearance. The plywood covering should be of one
continuous piece when possible.
(h) All fabricated parts and ancillary
materials become property of the Department of
Housing and Urban Development.
(i) All coverings are to be fabricated
according to the attached drawing and specifications.
(3) Boarding windows.
(a) Except as noted below, all window
sashes, frames, glass and hardware are to be
undamaged by the boarding installation.
(b) All screen inserts are to be
removed, marked as to location and stored in a
convenient closet or in the utility room.
(c) In all cases where it is possible to
adjust the position of the sashes to accommodate the
specifications for boarding above, the sashes are to
remain in the frame.
(d) In instances wherein the sashes
cannot be adjusted to accommodate the boarding
specifications above, the sashes are to be removed
from the frames and stored in a convenient closet or in the utility room. This includes all stationary lights
secured by stops.
(e) In cases wherein the sash cannot be
removed and/or the frame is permanently built into the
house and cannot be removed (i.e., Fenestra
Packet Page. 1392
Property Maintenance Code 17
windows), it will be necessary to break the corner
panes to accommodate the boarding and bolts. If the
location of bolt holes, in the plywood, requires
modification because of the muntin bar (a small bar
that divides a windows glass), these locations are to be modified. In no case, in any type of window, is any
sash or frame part to be damaged.
(f) In all instances where items should
be removed from the frame and stored, the items
should be clearly marked as to the area from which it
was removed.
(g) All items are to be stored on edge
and braced to prevent accidental tipping, sliding and
the like. In no instance is any item to be stored laid
flat.
(h) Hinged windows are to be
completely removed from the frame and stored as
stated in (A)(3)(g) above. If possible, the hinge pins
are to be removed and remain with the removed item.
(i) Faced nailing of panels to wood
frame windows is prohibited.
(B) Any person violating any of the provisions of
this section shall be subject to the penalty provisions of Chapters 1.12, 9.92 and 9.93.
(Ord. MC-1576, passed 5-4-2022)
Packet Page. 1393
San Bernardino - Buildings and Construction18
Packet Page. 1394
CHAPTER 15.08: LIQUEFACTION
Section
15.08.010 Findings
15.08.020 Purpose
15.08.030 Scope - map
15.08.040 Liquefaction defined
15.08.050 Reports required
15.08.060 Reserved
15.08.070 Administration and enforcement
15.08.080 Compliance required prior to
issuance of permits
15.08.090 Appeal
§ 15.08.010 FINDINGS.
Local governing bodies are required to adopt
policies for the protection of the community against
geologic and seismic hazards, pursuant to Cal. Gov’t
Code, § 65302. The primary geologic and seismic
hazards that could potentially affect the city include
fault rupture, ground shaking, historic high ground
water and soil matrix. These hazards could cause
liquefaction resulting in extensive property damage
and loss of life in susceptible areas of the city.
Liquefaction reports, plus mitigation measures, for
new development in susceptible areas will greatly
reduce the risk of damage from liquefaction induced
building failures during an earthquake occurrence.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.020 PURPOSE.
The purpose of this code is to reduce the potential
risk of property damage and loss of life due to
liquefaction induced building failures during an
earthquake occurrence by requiring liquefaction
reports and mitigation measures for development in
areas susceptible to liquefaction within this
jurisdiction.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.030 SCOPE - MAP.
The map is included in the general plan indicating
areas of liquefaction susceptibility. All new
development projects, or structural modifications over
25% of the building area, which are located within the
areas of liquefaction susceptibility as determined by
the latest adopted edition of the general plan map
(“map”) may be required to provide liquefaction
reports and mitigation measures. The liquefaction
susceptibility areas indicated on the map have a
historic high ground water table within 30 feet of the
surface.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.040 LIQUEFACTION DEFINED.
LIQUEFACTION is defined as the transformation
of a granular material from a solid state into a
liquefied state as a consequence of increased
pore-water pressures. Soils and clastic sediment with
particle size in the medium sand to silt range, as
determined by the Unified Soils Classification System,
are particularly susceptible to LIQUEFACTION when
they are saturated with water and shaken by an
earthquake. LIQUEFACTION at or near the surface
can result in foundation failure and property damage.
(Ord. MC-676, passed 9-19-1989)
§ 15.08.050 REPORTS REQUIRED.
A liquefaction report, plus mitigation measures,
prepared by a Registered Civil Engineer shall be
required by the Director of Community and Economic
Development for new construction or structural
modification of more than 25% of the building area for
the buildings or structures listed below which fall
19 Packet Page. 1395
San Bernardino - Buildings and Construction20
within the high liquefaction susceptibility areas as
indicated on the map: A liquefaction report, plus
mitigation measures, prepared by a Registered Civil
Engineer shall be required by the Director of
Development Services for new construction or
structural modification of more than 25% of the
building area for the buildings or structures listed
below which fall within the high liquefaction
susceptibility areas as indicated on the map:
(A) Essential facilities, as defined in Section
1604.5 Risk Category, which includes Table 1604.4
“Risk Category of Buildings and Other Structures” of
the California Building Code, including, but not
limited to, hospitals and other emergency medical
facilities, fire and police stations and government
disaster operation and communication centers;Essential
facilities, as defined in Section 1604.5 Risk Category, which includes Table 1604.5 “Risk Category of
Buildings and Other Structures” of the California
Building Code, including, but not limited to, hospitals and other emergency medical facilities, fire and police stations and government disaster operation and
communication centers.
(B) Buildings where the primary occupancy is
for assembly use for more than 50 persons in one
room;Buildings where the primary occupancy is for
assembly use for more than 50 persons in one room;
(C) Buildings over two stories in
height;Buildings over two stories in height;
(D) Buildings with the following occupancies, as
listed in the California Building Code: Buildings with
the following occupancies, as listed in the California
Building Code:
(1) Group A, (Assembly) Divisions 1, 2
and 2.1;Group A, (Assembly) Divisions 1, 2 and 2.1;
(2) Group E, (Educational) Division
1;Group E, (Educational) Division 1;
(3) Group H, (High Hazard) Divisions 1
and 2; andGroup H, (High Hazard) Divisions 1 and 2;
and
(4) Group I, (Institutional) Divisions 1 and
2.Group I, (Institutional) Divisions 1 and 2.
(E) Buildings with an occupant load of more than
300, as determined by Table 1004.1.2 of the
California Building Code;Buildings with an occupant
load of more than 300, as determined Table 1004.1.2
of the California Building Code;
(F) Underground tanks of more than 5,000
gallons, for storage of toxic, hazardous or flammable
materials;Underground tanks of more than 5,000
gallons, for storage of toxic, hazardous or flammable
materials;
(G) Tanks with a height of more than 35 feet;
andTanks with a height of more than 35 feet; and
(H) Towers with a height more than 35
feet.Towers with a height of more than 35 feet.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1525, passed 1-15-2020 ;
Ord. MC-1643, passed 10-2-2024)
§ 15.08.060 RESERVED.
[Reserved]
(Ord. MC-1525, passed 1-15-2020 ; Ord. MC-1643,
passed 10-2-2024)
§ 15.08.070 ADMINISTRATION AND
ENFORCEMENT.
The Director of Development Services shall
promulgate written procedures, regulations, guidelines
and fees pertaining to the implementation and
enforcement of this chapter. Such procedures,
regulations, guidelines and fees shall not become
effective until they have been approved by the Mayor
and Common
City Council.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 15.08.080 COMPLIANCE REQUIRED PRIOR
TO ISSUANCE OF PERMITS.
Any person, business, organization or corporation
Packet Page. 1396
Liquefaction 21
failing to provide the required liquefaction reports and mitigation measures to the Director of Development
Services in compliance w ith this chapter shall be
denied issuance of grading and building permits.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998)
§ 15.08.090 APPEAL.
Any interested person aggrieved by the
determination of the Director of Development Services
may appeal the decision to the Mayor and
Common
City Council in accordance with the
provisions of Chapter 2.64.
(Ord. MC-676, passed 9-19-1989; Ord. MC-1027,
passed 9-9-1998)
Packet Page. 1397
San Bernardino - Buildings and Construction22
Packet Page. 1398
CHAPTER 15.10: FOOTHILL FIRE ZONE BUILDING STANDARDS
Section
15.10.020 Purpose
15.10.030 Very high fire hazard severity
zones
15.10.040 CBC Section 701A.3.2 is added -
existing structures
15.10.060 Applicability
15.10.080 Applicable building standards
§ 15.10.020 PURPOSE.
The purpose of this chapter is to promote public
safety and welfare by reducing the risk of injury, death or property damage that may result from wild-land
fires in the foothill areas of the city. The building
standards contained in this chapter are intended to
prevent the ignition of, or otherwise reduce the spread of fire on developed properties, by controlling the use of materials and methods of construction.
(Ord. MC-960, passed 3-6-1996; Ord. MC-1162,
passed 1-6-2004; Ord. MC-1163, passed 1-23-2004)
§ 15.10.030 VERY HIGH FIRE HAZARD
SEVERITY ZONES.
Very high fire hazard severity zones are
designated in the city as recommended by the Director
of the State Department of Forestry and Fire
Protection within the city, as depicted on a map titled “City of San Bernardino Very High Fire Hazard
Severity Zones,” dated October 29, 2008, on file at
the office of the City Clerk, 300 N. D Street, San
Bernardino, California.
(Ord. MC-1309, passed 7-6-2009)
§ 15.10.040 CBC SECTION 701A.3.2 IS ADDED
- EXISTING STRUCTURES.
701A.3.2 Existing Structures. For existing structures, retrofitting of an element is required when more than 60% replacement of that element occurs. An addition to an existing structure need not comply with these standards if the addition does not exceed 60% of the floor are of the existing structure and the existing structure was not required to meet thes e construction standards when originally constructed. Retrof itting of an entire structure is required when a combination of elements are replaced or other repairs are made equal in value to 60% or more of the replacement cost of the structure as dete rmined by the building official.
Alterations made to a structure shall not increase the degree of non-conformity in regards to these standards.
(Ord. MC-1337, passed 11-15-2010; Ord. MC-1395,
passed 1-6-2014)
§ 15.10.060 APPLICABILITY.
The requirements of this chapter shall apply to
those properties located in foothill fire zones A, B or C, as defined in Chapter 19.15, and those properties
located in a very high fire hazard severity zone, as
designated by the state.
(Ord. MC-960, passed 3-6-1996; Ord. MC-1162,
passed 1-6-2004; Ord. MC-1163, passed 1-23-2004;
Ord. MC-1261, passed 12-4-2007; Ord. MC-1262,
passed 12-18-2007)
23 Packet Page. 1399
San Bernardino - Buildings and Construction24
§ 15.10.080 APPLICABLE BUILDING
STANDARDS.
(A) The building standards contained in the
California Building Code, Chapter 7A, shall apply in
the foothill fire zones and in state designated very high fire hazard severity zones. The building standards
contained in the California Building Code, Chapter
7A, shall apply in the foothill fire zones and in state designated very high fire hazard severity zones.
(B) In addition, the following requirements shall
apply as noted herein: In addition, the following
requirements shall apply as noted herein.
(1) Fencing shall be of approved
non-combustible or ignition-resistant material. Fencing shall be of approved noncombustible or
ignition-resistant material.
(2) Vinyl window frame assemblies shall
have the following characteristics:Vinyl window frame
assemblies shall have the following characteristics:
(a) Frames shall have welded corners
and metal reinforcement in the interlock area;Frames
shall have welded corners and metal reinforcement in
the interlock area;
(b) Dual-paned insulated glazed units
with at least one pane of tempered glass; Dual-paned
insulated glazed units with at least one pane of
tempered glass;
(c) Frame and sash profiles are
certified in AAMA lineal certification program
(verified by an AAMA product label or a certified
products directory); and Frame and sash profiles are
certified in AAMA Lineal Certification Program
(verified by an AAMA product label or a Certified
Products Directory); and
(d) Certified and labeled to
ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
requirements. Certified and labeled to
ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
requirements.
(3) Roof mounted turbine vents shall not be
permitted.Roof mounted turbine vents shall not be
permitted
(4) All roof coverings shall be of non-wood
materials with at least a Class A fire-retardant rating..
All roof coverings shall be of non-wood materials with
at least a Class A fire-retardant rating.
(5) Paper-faced insulation shall be
prohibited in attics or ventilated spaces.
(Ord. MC-960, passed 3-6-1996; Ord. MC-1162,
passed 1-6-2004; Ord. MC-1163, passed 1-23-2004;
Ord. MC-1261, passed 12-4-2007; Ord. MC-1262,
passed 12-18-2007; Ord. MC-1337, passed
11-15-2010; Ord. MC-1395, passed 1-6-2014; Ord.
MC-1525, passed 1-15-2020; Ord. MC-1643, passed
10-2-2024)
Packet Page. 1400
Foothill Fire Zone Building Standards 25
Packet Page. 1401
San Bernardino - Buildings and Construction26
Packet Page. 1402
CHAPTER 15.11: BUILDING SAFETY ENHANCEMENT AREA BUILDING STANDARDS Section
15.11.020 Purpose
15.11.040 Scope/applicability
15.11.080 Building safety enhancement area
building standards
§ 15.11.020 PURPOSE.
The purpose of this chapter is to promote public
safety and welfare by reducing the risk of injury, death or property damage that may result from urban
conflagrations spread by high winds. The building
standards contained in this chapter are intended to
prevent the ignition of or otherwise reduce the spread
of urban fire by controlling the use of materials and
methods of construction.
§ 15.11.040 SCOPE/APPLICABILITY.
The Building Safety Enhancement Area Building
Standards shall apply to all newly constructed
buildings, structures or appurtenances outside the
foothill fire zones (as defined in Chapter 19.15) and
located in any of the following areas:
(A) Those areas of the city designated by Council
resolution after a noticed public hearing as being
located within a building safety enhancement area as
follows:
(1) Four or more abutting (as defined in
Chapter 19.02 of the Development Code) parcels with
at least four dwellings with each dwelling damaged
over 60% by fire or other catastrophe; and
(2) All dwellings and commercial structures
damaged over 60% by fire or other catastrophe that
are located within a block (as defined in Chapter 19.02 of the Development Code) in which 50% or more of
the dwellings and commercial structures have each
incurred damage over 60% by fire or other
catastrophe.
(B) Those new residential housing tracts
comprised of four or more dwelling units for which
building permit applications are submitted after the
effective date of this chapter; and
(C) Those new commercial structures that are
5,000 square feet or larger, for which building permit
applications are submitted after the effective date of
this chapter.
§ 15.11.080 BUILDING SAFETY
ENHANCEMENT AREA BUILDING
STANDARDS.
(A) Exterior walls. Exterior walls shall be
constructed of non-combustible materials or shall
provide the equivalent to a minimum of one-hour fire
resistance rated construction on the exterior side.
(B) Eaves. Eaves shall be enclosed with a
minimum seven-eighths-inch stucco or equivalent
protection.
(C) Exterior glazing. Exterior glazing shall
comply with the provisions of the California Building
Code and with the following additional requirements.
(1) Exterior windows, window walls and
glazed doors, and windows within exterior doors, shall
be tempered glass, or multi-layered glass panels (dual- or triple-paned), or other assemblies approved by the
Building Official.
(2) Vinyl window frame assemblies shall be
prohibited, except when they have the following
27 Packet Page. 1403
San Bernardino - Buildings and Construction28
characteristics:
(a) Frame and sash are comprised of
vinyl material with welded corners;
(b) Metal reinforcement in the
interlock area;
(c) Glazed with insulated glass or
tempered;
(d) Frame and sash profiles are
certified in AAMA lineal certification program
(verified with either an AAMA product label or
certified products directory);
(e) Certified and labeled to
ANSI/AAMA/NWWDA 101/I.S.2-97 for structural
requirements; and
(f) Except when needed to meet the
requirements of the California Energy Code at Title
24, Part 6 of the Cal. Code of Regulations.
(D) Garage doors. Garage doors shall be
constructed of non-combustible materials or fire
retardant treated wood.
(E) Vents.
(1) All vents shall be covered with
one-eighths-inch mesh corrosion-resistant metal screen
or other approved material that offers equivalent
protection.
(2) Roof-mounted turbine vents shall not be
permitted.
(F) Insulation. Paper-faced insulation shall be
prohibited in attics or ventilated spaces.
(G) Roof covering. All roof covering shall be of
non-wood materials with at least a Class A or B
fire-retardant rating. The open ends of high-profile tile roofs shall be capped with non-ignitable material to
prevent birds’ nests or other combustible material from accumulating. Gutters and downspouts shall be
constructed of non-combustible material.
(H) Fences. Where wood or vinyl fencing is
used, there shall be a minimum of five feet separation
between the wood or vinyl fencing and the wall of the
nearest structure, except on those properties where
previous construction occurred pursuant to a previous
code. Fencing within the five feet separation area shall be of non-combustible material or one-hour
fire-resistance-rated construction.
(Ord. MC-1162, passed 1-6-2004; Ord. MC-1163,
passed 1-23-2004)
Packet Page. 1404
Building Safety Enhancement Area Building Standards 29
Packet Page. 1405
San Bernardino - Buildings and Construction30
Packet Page. 1406
CHAPTER 15.12: EARTHQUAKE HAZARD REDUCTION IN EXISTING BUILDINGS Section
15.12.010 Reserved
15.12.020 Reserved
15.12.030 Reserved
15.12.040 Reserved
15.12.050 Reserved
15.12.060 Reserved
15.12.070 Reserved
15.12.080 Reserved
15.12.090 Reserved
15.12.100 Reserved
15.12.110 Reserved
15.12.120 Reserved
15.12.130 Reserved
15.12.140 Reserved
15.12.200 Sign posting
15.12.300 Vacant unreinforced masonry
buildings
§ 15.12.010 RESERVED.
[Reserved]
(Repealed by Ord. MC-1261, passed 12-4-2007 and
Ord. MC-1262, passed 12-18-2007)
§ 15.12.020 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.030 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.040 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.050 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.060 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.070 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.080 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.090 RESERVED.
[Reserved]
(Repealed by Ord. MC-873, passed 5-26-1993)
§ 15.12.100 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
31 Packet Page. 1407
San Bernardino - Buildings and Construction32
§ 15.12.110 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.120 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.130 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.140 RESERVED.
[Reserved]
(Repealed by Ord. MC-1053, passed 8-4-1999)
§ 15.12.200 SIGN POSTING.
(A) Any building owner who has received actual
or constructive notice from the Building Official that
a building located in the city is constructed of
unreinforced masonry shall post, in a conspicuous
place at the entrance of said building, on a sign not
less than five inches by seven inches, the following
statement, pursuant to Cal. Gov’t Code, § 8875.8,
printed in not less than 30-point bold type:
This is an unreinforced masonry building.
Unreinforced masonry buildings may be
unsafe in the event of a major earthquake.
(B) Pursuant to Cal. Gov’t Code, § 8875.9, this
section shall not apply to unreinforced masonry
construction if the walls are non-load bearing with
steel or concrete frame.
(C) Section 15.74.010 shall not apply to any
violation of this section.
(D) (1) If the owner of a building is not in
compliance with the posting requirements of division
(A) above on or after December 31, 2004, and the
owner has received actual or constructive notice from
the Building Official that their building is of
unreinforced masonry construction and has not been
retrofitted to the standards identified in § 15.12.010, the owner shall post and maintain, in a conspicuous
place at the entrance of the building, a sign not less
than eight inches by ten inches with the following
statement, with the first two words printed in 50-point bold type and the remaining words in at least 30-point
type:
“Earthquake Warning. This is an
unreinforced masonry building. You may not
be safe inside or near unreinforced masonry
buildings during an earthquake.”
(2) The posting shall be visible from the
exterior entrance of the building.
(3) An owner who is subject to this section
and who does not comply with the posting
requirements shall be subject to an administrative
citation pursuant to Chapter 9.92 and subject to an
administrative fine of $250 no sooner than 15 days
after notification by the Building Official that the
owner is subject to the administrative fine.
(4) Thereafter, if the owner does not
comply with and maintain compliance with the posting
requirements, within 30 days of the first administrative fine, the owner shall be subject to an additional
administrative citation and an additional administrative fine of $1,000.
(Ord. MC-1053, passed 8-4-1999; Ord. MC-1215,
passed 2-22-2006)
§ 15.12.300 VACANT UNREINFORCED
MASONRY BUILDINGS.
(A) Any unreinforced masonry building that has
been continuously vacant or abandoned for a period of
one year or more shall be strengthened to comply with
the standards identified in § 15.12.010 prior to
re-occupancy. A vacancy, as determined by the
Building Official, has occurred when there is no lawful occupancy or business activity within the structure for
Packet Page. 1408
Earthquake Hazard Reduction in Existing Buildings 33
one year. The lack of business registration records,
business receipts, utility and other records for a given period may be used to determine if a vacancy has
occurred.
(B) Any unreinforced masonry building that has
been continuously vacant or abandoned for a period of
three years or more sha ll be considered a public
nuisance and shall be subject to abatement as a public
nuisance in accordance with Chapter 8.30. Once
deemed to be a public nuisance, the building shall be
strengthened in accordance with the standards
identified in § 15.12.010, or demolished, or the
hazards associated with the building shall be otherwise mitigated to the satisfaction of the Building Official. (Ord. MC-1215, passed 2-22-2006)
Packet Page. 1409
San Bernardino - Buildings and Construction34
Packet Page. 1410
CHAPTER 15.16: UNIFORM FIRE CODE
(Repealed by Ord. MC-1422, passed 5-16-2016)
Editor’s note:
On July 1, 2016 the city annexed into the County Fire Protection District. The County Fire Code, and other ordinances, were ratified by the Mayor and CommonCity Council pursuant to Ord. MC-1422. 35 Packet Page. 1411
San Bernardino - Buildings and Construction36
Packet Page. 1412
CHAPTER 15.20: CERTIFICATE OF OCCUPANCY
Section
15.20.010 Purpose
15.20.020 Definitions
15.20.030 Certificate of occupancy required
15.20.040 Conditions requiring application
15.20.050 Application process
15.20.070 Temporary certificate of
occupancy
15.20.080 Revocation of certificate of
occupancy
15.20.090 Hearings
15.20.100 Connection/disconnection of
utilities
15.20.110 Violation
§ 15.20.010 PURPOSE.
The purpose of this chapter is to protect the
public from unsafe and substandard buildings, to
prevent the deterioration of buildings and to prevent
future blight and decline of property values through a
program of required inspection and certification.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989)
§ 15.20.020 DEFINITIONS.
Except as otherwise defined in this chapter, all
terms used in this chapter, which are defined by
applicable state law, the Uniform Code or this code,
are used in this chapter as so defined, unless from the context it clearly appears that a different meaning is
intended.
OCCUPANCY. The purpose for which a
building, structure or property is used or intended to
be used.
OCCUPANT. Any person who occupies a
unit, building, structure or property, whether as an
owner, or tenant or permittee of the owner.
OWNER. Any person having a legal or
equitable interest in the property.
PERSON. An individual, partnership,
corporation, association or organization, or the agent
of any of the foregoing.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1027, passed 9-9-1998;
Ord. MC-1372, passed 4-17-2012)
§ 15.20.030 CERTIFICATE OF OCCUPANCY
REQUIRED.
(A) Buildings and structures. No relocated, or
hereafter erected structure shall be occupied, or no
change in occupancy shall be inaugurated until a
certificate of occupancy has been issued by the
Department of Community Development and Housing.
(B) Valid certificate. A certificate of occupancy
or temporary certificate of occupancy shall not be
deemed to be valid if it has expired, been denied,
withheld, revoked, failed to pass a fire inspection or a new certificate of occupancy was required but had not
been obtained.
(C) Posting certificate. The owner of the
business, building or structure shall display this
certificate in a conspicuous place. In addition, the
owner of a building or structure shall provide a copy
of the certificate to all lessees, renters and purchasers of the property.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-781, passed 4-22-1991;
Ord. MC-782, passed 5-3-1991; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1373, passed 5-24-2012;
37 Packet Page. 1413
San Bernardino - Buildings and Construction38
Ord. MC-1625, passed 2-21-2024)
§ 15.20.040 CONDITIONS REQUIRING
APPLICATION.
A new certificate of occupancy shall be required
whenever:
(A) A new building is constructed;
(B) A change in use affecting a building’s
existing zoning approval or conformity, or a change in
the nature of use of a building which would place it in a different occupancy classification, or division
thereof;
(C) A building or structure has been vacant for
more than 180 days;
(D) Whenever a building is ordered to be vacated
by the Building Official due to substandard or
dangerous conditions; and
(E) Undeveloped or vacant property is to be used
or occupied.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-781, passed 4-22-1991;
Ord. MC-782, passed 5-3-1991; Ord. MC-880, passed
6-23-1993; Ord. MC-1373, passed 5-24-2012)
§ 15.20.050 APPLICATION PROCESS.
(A) The owner shall file a written application
accompanied by payment of a fee with the Department
of Community Development and Housing prior to use
or occupancy of the premises or 30 days prior to
expiration of an existing certificate of occupancy or
temporary certificate of occupancy. The Building
Official shall cause an inspection to be made of the
premises within ten working days for compliance with
city codes. If the premises are in compliance with said codes, the Building Official shall issue a certificate of occupancy.
(B) When an inspection discloses that the
premises are not in compliance with the codes, the
Building Official shall give written notice of each
deficiency to the owner. No certificate of occupancy
shall be issued to the owner until all deficiencies are corrected. If the owner fails to correct all said
deficiencies within 60 days after the original
application was filed, the application shall expire and a new application, plus fees, will be required.
(C) The owner shall be responsible for making
the premises available for inspection by the city.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-741, passed 9-17-1990;
Ord. MC-1027, passed 9-9-1998; Ord. MC-1373,
passed 5-24-2012; Ord. MC-1625, passed 2-21-2024)
§ 15.20.070 TEMPORARY CERTIFICATE OF
OCCUPANCY.
(A) If the Building Official finds that no
substantial hazard will result from use or occupancy of any building or portion thereof, any structure or any
vacant property, and upon a showing of good cause by
the owner, the Building Official may issue a temporary
certificate of occupancy for up to 180 days.
(B) When a temporary certificate of occupancy
is issued for more than 30 days, the Building Official
shall require a cash bond payable to the city in an
amount equal to the cost of doing the required work as
determined by the Building Official.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1373, passed 5-24-2012)
§ 15.20.080 REVOCATION OF CERTIFICATE
OF OCCUPANCY.
The Building Official, in writing, may deny or
revoke a certificate of occupancy when it is
determined that the building, structure or property is
in violation of the codes, or when the certificate was
issued in error or on false information supplied by the applicant. The certificate of occupancy is automatically revoked when there is a change of use or occupancy
classification, when the building or structure has been vacant for more than 180 days or when a building is
ordered vacated by the Building Official due to
substandard or dangerous conditions.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
Packet Page. 1414
Certificate of Occupancy 39
passed 7-26-1989; Ord. MC-880, passed 6-23-1993;
Ord. MC-1373, passed 5-24-2012)
§ 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, as such revocation is an administrative
enforcement action. Any person aggrieved by the
denial of a certificate of occupancy may appeal that
decision in the manner set forth in Chapter 2.45, as
such denial is an order, decision or determination of
the Building Official relating to the building standards of the California Building Standards Code.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1373, passed 5-24-2012;
Ord. MC-1521, passed 9-18-2019)
§ 15.20.100 CONNECTION/DISCONNECTION
OF UTILITIES.
(A) Buildings, structures or property shall be
issued a certificate of occupancy or a temporary
certificate of occupancy prior to connection of public
utilities. The Building Official may approve the
connection of utilities prior to the issuance of a
certificate of occupancy when requested, in writing, by the applicant for good cause shown, and when he or
she finds that no unsafe conditions exist or will be
created by such connection.
(B) The Building Official may disconnect or
order discontinuance of any utility service to any
buildings, structures or premises lacking a valid
certificate of occupancy or a valid temporary
certificate of occupancy pursuant to the state codes.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-880, passed 6-23-1993;
Ord. MC-1373, passed 5-24-2012)
§ 15.20.110 VIOLATION.
Any person who violates or causes the violation
of any provision of this chapter shall be deemed guilty of a misdemeanor, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(Ord. MC-670, passed 7-19-1989; Ord. MC-671,
passed 7-26-1989; Ord. MC-1373, passed 5-24-2012)
Packet Page. 1415
San Bernardino - Buildings and Construction40
Packet Page. 1416
CHAPTER 15.24: PROPERTY MAINTENANCE REQUIREMENTS
Section
15.24.010 Findings
15.24.020 Purpose
15.24.030 Definitions
15.24.040 Maintenance requirements for
single-family residences,
multi-residential, commercial and
industrial property
15.24.050 Enforcement - penalty
15.24.060 Severability
§ 15.24.010 FINDINGS.
(A) The citizens of the city have become
increasingly concerned with the unsightliness, the
deterioration and the degradation of certain properties, whether residential, commercial or any other zoning
designation in their neighborhoods and have sought the
help of city government in their effort to preserve their neighborhoods.
(B) Local governments have the authority to
establish minimum requirements for property
maintenance to protect the health, safety and
appearance of neighborhoods. Enforcement of these
minimum maintenance requirements can reduce and
eliminate blight and deterioration of neighborhoods,
protecting both property values and neighborhood
integrity.
(C) The Mayor and Common
City Council find
that the deterioration of neighborhoods by the failure
to maintain properties to minimum standards results in
an adverse effect on the health, safety and welfare of
the citizens of this city.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
§ 15.24.020 PURPOSE.
The purpose of this chapter is to establish and
enforce minimum maintenance standards for all
property within the city in order to protect and
preserve neighborhood integrity.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
§ 15.24.030 DEFINITIONS.
For the purpose of this chapter, unless otherwise
apparent from context, certain words and phrases used
in this chapter shall have the meanings hereinafter
designated. The definitions in this chapter are included for reference purposes only and are not intended to
narrow the scope of definitions set forth in applicable laws or regulations. All terms used in this chapter,
which are not defined in this section, but are defined
by applicable laws, shall have the same meaning as the
definition in the applicable law, unless from context it clearly appears that a different meaning is intended.
APPLICABLE LAWS. Any applicable state or
federal law, any uniform or state codes adopted by the
municipal code, including, but not limited to, the
California Building Code, Uniform Housing Code,
Uniform Code for the Abatement of Dangerous
Buildings and California Fire Code.
GRAFFITI. Any inscription, word, figure, mark
or design that is written, marked, etched, scratched,
drawn or painted on real property, buildings,
structures (permanent or temporary) or other fixtures
thereon, or on any personal property placed on such
real property, including vehicles.
INOPERABLE or ABANDONED VEHICLE.
Any vehicle, operative or inoperative, that is:
41 Packet Page. 1417
San Bernardino - Buildings and Construction42
(1) Mechanically incapable of being driven;
(2) Prohibited from being operated on a
public street or highway, pursuant to the provisions of the California Vehicle Code, concerning license plates, registration, equipment, safety and related matters;
(3) Has been left by the owner or
responsible person for over 72 hours and has indicia of being inoperable, including, but not limited to, flat or deflated tires, cobwebs and accumulated dirt, trash or
debris in and on the vehicle; or
(4) Wrecked and/or dismantled.
OWNER. Any person having a legal or equitable
interest in the property.
PERSON. An individual, partnership,
corporation, association or organization, or the agent
of any of the foregoing.
PROPERTY. Any real property zoned for any of
the uses set forth in the Development Code and
includes sidewalks and parkways adjacent to the
property.
RECREATIONAL VEHICLE.
(1) Means any vehicles towed or
self-propelled on its own chassis or attached to the
chassis of another vehicle and designed or used for
recreational or sporting purposes or exclusively for
hauling personal property.
(2) The term RECREATIONAL VEHICLE
includes, but is not limited to, motor homes,
fifth-wheels, campers, camp trailers, trailers, boats,
water craft and all terrain vehicles.
VISIBLE. Viewable from the public
right-of-way, from property open to the general
public, common areas on a property or viewable from
another property in proximity to the property in
question.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1187,
passed 10-5-2004; Ord. MC-1292, passed 2-3-2009)
§ 15.24.040 MAINTENANCE REQUIREMENTS
FOR SINGLE-FAMILY RESIDENCES,
MULTI-RESIDENTIAL, COMMERCIAL AND
INDUSTRIAL PROPERTY.
Any person owning, renting, occupying,
managing or otherwise having charge of any
single-family residence, multi-residential, commercial
and industrial property shall maintain the property in
accordance with the following minimum standards.
Failure to comply with these minimum standards shall
constitute a violation of this code.
(A) Exterior requirements.
(1) Lack of landscaping. All required
setbacks abutting a public right-of-way and front and
visible side yards shall be landscaped (except for
improved surfaces, including, but not limited to, walks and driveways) with trees, shrubs, ground cover,
decorative rock, redwood bark and/or grass.
(2) Unmaintained landscaping. Trees,
shrubs, lawns and other planted vegetation shall be
maintained, including regular irrigation, pruning of
trees, trimming of shrubs and cutting of lawns.
(3) Weeds, dry brush and overgrown
vegetation. Property shall be free of overgrown or
dead vegetation, including, but not limited to, weeds,
trees or limbs, bushes and other planted vegetation.
Weeds include sage brush, dry grass, chaparral and
any other brush or vegetation which attains extensive
growth and becomes a fire menace when dry.
(4) Trash, debris and improper storage.
Property shall be free of trash, litter, debris, packing boxes, lumber, junk, salvage materials (except where
otherwise permitted by this code), broken or
inoperative furniture, appliances, machinery,
equipment, any furniture (except for furniture
specifically designed for outdoor use), including, but
not limited to, furniture on porches, balconies, sun
decks and in front yards, and any other improperly
stored personal property causing an unsightly
appearance.
(5) Vehicle and recreational vehicle
storage. All operable vehicles and recreational
Packet Page. 1418
Property Maintenance Requirements 43
vehicles shall be parked or stored in designated,
screened areas, a garage, carport or on an improved
surface. None of the above shall be occupied.
(6) Inoperable and abandoned vehicles.
Property shall be free of inoperable or abandoned
vehicles and parts of vehicles unless they are safely
stored in a garage or other enclosed storage area. This section shall not apply to a vehicle, or part thereof,
which is stored or parked in a lawful manner on
private property in connection with the lawfully
authorized and permitted business of a licensed
dismantler, licensed vehicle dealer or a licensed
junkyard; provided, however, that this exception shall
not authorize the maintenance of a public or private
nuisance as defined by applicable laws.
(7) Condition of structures. All
improvements on the property, including, but not
limited to, buildings, garages, carports, porches,
gates, fences, doors, windows, roofs, gutters, signs,
permanent or temporary structures, stairs, handrails,
retaining walls and trash enclosures shall be
painted/preserved and maintained in good repair and
condition. Paint or preservatives shall not be worn,
peeling or cracking.
(8) Improved surfaces. Walkways on
private property, driveways, parking areas and all
improved surfaces shall be maintained in good repair
and safe condition. Parking lot striping and handicap
markings shall be maintained in good condition.
(9) Graffiti. Buildings, structures,
sidewalks, driveways, other improved surfaces and
any other personal property placed on real property,
including vehicles, shall be free of graffiti.
(10) Rodent and vermin control. Property
shall be free from infestation of termites, insects,
vermin or rodents.
(11) Sewage. Improved property shall be
properly connected to a sewage disposal system or a
sanitary sewer and free from sewage seepage.
(12) Pools and spas. Pools and spas shall be
securely fenced and adequately maintained in
accordance with the Development Code and other
applicable laws.
(13) Construction. All buildings or structures
in a state of partial construction, repair or
rehabilitation shall have an active/valid permit and
shall be completed during the term of an active/valid
building permit or other time frame ordered by the
city. The owner or responsible person shall be
progressing diligently to complete the repair,
construction or rehabilitation of the building or
structure.
(14) Fencing. All fencing shall be
constructed in compliance with the Development Code
and other applicable laws with acceptable fencing
materials such as wood, vinyl, masonry or wrought
iron.
(B) Interior requirements. The interiors of all
buildings and structures on the property, both existing and new, and all parts thereof, shall be maintained in
good repair and safe, sanitary conditions in
conformance with the building code under which it
was built or remodeled and any retroactive codes.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
§ 15.24.050 ENFORCEMENT - PENALTY.
(A) Any person who violates or causes violation
of any provision of this chapter shall be deemed guilty of an infraction, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(B) Nothing in this chapter shall be deemed to
prevent the City Attorney from commencing a civil
action to abate a nuisance in addition to, alternatively to or in conjunction with the proceedings set forth in
this chapter; nor shall anything in this chapter be
deemed to prevent the city from commencing a
criminal action with respect to the nuisance in addition to, alternatively to or in conjunction with the
proceedings set forth in this chapter, or other
ordinance, statute or state law.
(C) Payment of any fine or service of jail
sentence herein provided shall not relieve a person,
Packet Page. 1419
San Bernardino - Buildings and Construction44
firm, partnership, corporation or other entity from the responsibility of correcting the condition resulting
from the violation. In addition to the above penalties, the court may order that the guilty party reimburse the city for all costs of investigating, analyzing and
prosecuting the enforcement action against the guilty
party. The court shall fix the amount of any such
reimbursement upon submission of proof of such costs
by the city.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1029,
passed 9-22-1998; Ord. MC-1292, passed 2-3-2009)
§ 15.24.060 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, and the remaining
provisions shall continue in full force and effect.
(Ord. MC-679, passed 9-19-1989; Ord. MC-1292,
passed 2-3-2009)
Packet Page. 1420
CHAPTER 15.25: MULTI-FAMILY RENTAL HOUSING FIRE INSPECTION PROGRAM Section
15.25.010 Purpose
15.25.020 Definitions
15.25.030 Scope
15.25.040 Annual inspection required
15.25.050 Administrative citations
15.25.080 Enforcement - public nuisance
15.25.090 Enforcement - alternatives
§ 15.25.010 PURPOSE.
The multi-family rental housing fire inspection
program is a part of the city’s overall effort to
encourage upkeep of multi-family rental housing units.
Owners of these types of structures will be required to maintain these units in accordance with applicable
housing, building and property maintenance standards
as adopted by the city. Recent fires in the city have
resulted in property damage, personal injuries and loss of life in multi-family rental housing units. Cal. Health and Safety Code, § 13146.2(a) requires city fire
departments to inspect multi-family rental housing
units annually.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
§ 15.25.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CITY. The City of San Bernardino.
FIRE MARSHAL. The division head of the San
Bernardino City Fire Department Fire Prevention
Division, or his or her designee.
MULTI-FAMILY RENTAL HOUSING
COMPLEX. A multi-unit residential structure
consisting of four or more units existing on one parcel of land.
MULTI-FAMILY RENTAL HOUSING UNIT or
UNIT. Any residential dwelling unit, as defined in
Chapter 19.02 of the Development Code, in a single
structure, or in a group of attached or detached
structures containing two or more such dwelling units
on the same parcel of land, and is occupied or
intended to be occupied on a rental basis. For the
purpose of this chapter, the following types of
dwelling units or facilities are not considered
MULTI-FAMILY RENTAL HOUSING UNITS:
(1) Hotels or motels;
(2) Accommodations in any hospital,
extended care fac ility, residentia l care facility,
convalescent home, non-profit home for the aged or
dormitory that is owned and operated by an education
institution; and
(3) Mobile home parks.
OCCUPANT. Any person who occupies a unit,
whether as an owner or tenant or permittee of the
owner.
OWNER. A single individual or entity that has
any kind of ownership interest, whether as an
individual, partner, joint venturer, stock owner or
some other capacity.
PERSON. The individual, partnership,
45 Packet Page. 1421
San Bernardino - Buildings and Construction46
corporation or association or the rental agent of any of the foregoing.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1027,
passed 9-9-1998; Ord. MC-1176, passed 7-22-2004)
§ 15.25.030 SCOPE.
The provisions of this chapter shall apply to all
multi-family rental housing complexes containing four
or more units on a single parcel.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
§ 15.25.040 ANNUAL INSPECTION REQUIRED.
(A) Pursuant to Cal. Health and Safety Code,
§ 13146.2, any multi-family rental housing complex,
containing four or more units on a single parcel, shall be subject to an annual inspection of the interior and
exterior by the Fire Marshal for compliance with
applicable sections of state and local fire codes relating to housing, building and property maintenance.
(B) The Fire Marshal shall mail written notice to
the owner(s) of the multi-family rental housing
complex at least three weeks before the scheduled
annual inspection. The owner(s) of the multi-family
rental housing complex shall give written notice to all tenants at least one week before the scheduled annual
inspection.
(C) The owner(s) of the multi-family rental
housing complex shall pay a fee to the city, in an
amount set by resolution of the Common
City Council,
sufficient to pay the costs of the Fire Marshal’s annual inspection pursuant to this chapter.
(D) Any owner(s) of a multi-family rental
housing complex who fails to permit the annual
inspection by the Fire Marshal, pursuant to this
chapter, shall be guilty of an infraction or
misdemeanor punishable in accordance with Chapter
1.12. (E) Any owner(s) of a multi-family rental
housing complex who fails to pay the fee charged for
the costs of the Fire Marshal’s annual inspection,
pursuant to this chapter, shall be guilty of an infraction punishable in accordance with Chapter 1.12.
(Ord. MC-1176, passed 7-22-2004)
§ 15.25.050 ADMINISTRATIVE CITATIONS.
Where the Fire Marshal’s annual inspection,
pursuant to this chapter, identifies a violation(s) of
state or local Fire Codes, relating to housing, building or property maintenance, the Fire Marshal may issue
an administrative citation to the property owner(s) in
accordance with Chapter 9.92.
(Ord. MC-1176, passed 7-22-2004)
§ 15.25.080 ENFORCEMENT - PUBLIC
NUISANCE.
(A) It shall be considered a public nuisance to
have or maintain any rental property which fails to
comply with state and local laws as they relate to Fire Codes, housing standards, property maintenance,
Building Codes or local zoning requirements.
(B) The Fire Marshal shall have the power to
require correction of violations identified through the annual inspection by using the procedure set forth in
the California Fire Code, Article 1
Title 24, Part 9,
Part 1 (Chapters 1 and 2) and Chapter 8.30 of the
municipal code.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
§ 15.25.090 ENFORCEMENT -
ALTERNATIVES.
(A) Nothing herein shall prevent the enforcement
of this chapter by criminal, civil or administrative
actions either undertaken individually or in conjunction with other remedies.
(B) The enforcement of this chapter by a
criminal, civil or administrative action shall not relieve the property owner of his or her obligations under this chapter.
(Ord. MC-930, passed 1-11-1995; Ord. MC-1176,
passed 7-22-2004)
Packet Page. 1422
Multi-Family Rental Housing Fire Inspection Program 47
Packet Page. 1423
San Bernardino - Buildings and Construction48
Packet Page. 1424
CHAPTER 15.26: SINGLE-FAMILY RENTAL PROPERTY INSPECTION PROGRAM Section
15.26.010 Purpose
15.26.020 Applicability
15.26.030 Rebuttable presumption
15.26.040 Definitions
15.26.050 Compliance with business
registration requirements
15.26.060 Biennial inspection required
15.26.070 Inspection fees
15.26.080 Notice of inspection
15.26.090 Violations
15.26.100 Re-inspections
15.26.110 Administrative citations
15.26.120 Appeals
15.26.130 Self-certification program
15.26.140 Complaint-based inspections
15.26.150 Voluntary inspection requests
15.26.160 Enforcement - public nuisance
15.26.170 Enforcement - alternatives
15.26.180 Penalties
§ 15.26.010 PURPOSE.
The single-family rental property inspection
program is a part of the city’s overall effort to
encourage upkeep of all rental property, as defined
herein. Owners of any rental property will be required
to maintain these units in accordance with all
applicable laws.
§ 15.26.020 APPLICABILITY.
(A) The provisions of this chapter shall apply to
all single-family rental property, as that term is
defined herein, within the city. This chapter also
applies to the premises on which a rental property is
located, including, but not limited to, parking lots,
driveways, landscaping, accessory structures, fences,
walls, swimming pools, hot tubs and spas.
(B) The provisions of this chapter are
supplementary and complementary to other provisions
of this code and applicable laws. Nothing in this
chapter may be construed to limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute or this code, including
provisions of uniform codes adopted by reference in
this code.
§ 15.26.030 REBUTTABLE PRESUMPTION.
[Reserved]
(Repealed by Ord. MC-1371, passed 3-20-2012)
§ 15.26.040 DEFINITIONS.
For the purpose of this chapter, unless otherwise
apparent from their context, certain words and phrases
used in this chapter shall have the meanings
hereinafter designated. The definitions in this chapter are included for reference purposes only and are not
intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the
plural may include the singular. Use of the masculine
shall also mean feminine and neuter.
APPLICABLE LAWS. The City’s Municipal
Code, the California Fire Code, the California
Building Code, the Uniform Housing Code, Uniform
Code for the Abatement of Dangerous Building and
any other laws or regulations relating to the health or safety of city residents or the general public.
CITY. The City of San Bernardino.
DIRECTOR. The Director of Community
Development and Housing of the City of San
49 Packet Page. 1425
San Bernardino - Buildings and Construction50
Bernardino, or his or her designee.
OCCUPANT. Any person who occupies a rental
property, whether as a tenant or permittee of the
owner.
OWNER or PROPERTY OWNER. A single
individual, partnership or joint venture or any entity
that has any kind of ownership interest in a rental
property, whether as an individual, partner, joint
venture, stock owner or ownership interest in some
other capacity or the owner’s designee. If more than
one person or an entity owns the subject real property, OWNER or PROPERTY OWNER refers to each
person or entity holding any kind of ownership interest in the property, and the property owners’ obligations
in this chapter are joint and several as to each property owner.
SINGLE-FAMILY RENTAL PROPERTY ,
RENTAL PROPERTY or RENTAL UNIT. A
dwelling unit, as defined in Chapter 19.02 of the San
Bernardino Development Code, in a single structure,
or in a group of attached or detached structures
containing three or less such dwelling units on the
same parcel of land, and is occupied or for occupancy
by a person(s) other than the owner of the unit and
includes the premises on which said rental property is
situated and any common areas, including, but not
limited to, parking lots, driveways, landscaping,
accessory structures, fences, walls, swimming pools,
hot tubs and spas. For the purpose of this chapter, the following types of dwelling units or facilities are not considered SINGLE-FAMILY RENTAL HOUSING
UNITS:
(1) Multi-family rental housing complexes,
as defined in Chapter 15.25;
(2) Hotels or motels;
(3) Condominiums, as defined in Chapter
19.02 of the Development Code, that are used for
residential dwellings. This exception only applies if
the condominium has a bona fide home owner’s
association (“HOA”). For purposes of this exemption,
an HOA is “bona fide” if the HOA has approved and
recorded covenants, conditions and restrictions
(“CC&Rs”); holds meetings on a regular (at least
bi-monthly) basis; and/or contracts with a property
management company to ensure the maintenance of the
common areas;
(4) Accommodations in any hospital,
extended care facility, residential care facility,
convalescent home, non-profit home for the aged or
dormitory that is owned and operated by an education
institution; and
(5) Mobile home parks.
(Ord. MC-1371, passed 3-20-2012; Ord. MC-1625,
passed 2-21-2024)
§ 15.26.050 COMPLIANCE WITH BUSINESS
REGISTRATION REQUIREMENTS.
Every property owner subject to this chapter must
comply with the business registration requirements of
Title 5.
(Ord. MC-1371, passed 3-20-2012)
§ 15.26.060 BIENNIAL INSPECTION
REQUIRED.
All rental property located in the city shall be
subject to an annual inspection by the Director for
compliance with applicable laws.
§ 15.26.070 INSPECTION FEES.
(A) Any fees established by this chapter shall be
set by separate resolution of the Common
City Council
and may be adjusted, from time to time, by the
Common
City Council to ensure that the fee adequately
finances the costs of inspections and enforcement of
this chapter.
(B) The owner of a rental property shall pay an
annual inspection fee to the city sufficient to pay the costs of the Director’s annual inspection pursuant to
this chapter.
(C) Owners qualified for the self-certification
program shall pay the annual inspection fee the first
year of participation and thereafter shall not be
Packet Page. 1426
Single-Family Rental Property Inspection Program 51
required to pay the annual inspection fee for the
second and third year of participation in the program.
If an owner is removed from the self-certification
program, he or she shall become subject to annual
inspections and annual inspection fees.
§ 15.26.080 NOTICE OF INSPECTION.
The Director shall mail written notice of the date
and time of the inspection to the owner of the rental
property at least three weeks before the scheduled
annual inspection. Such notice shall provide the
address and phone number where additional
information concerning the inspection may be
obtained. Notice to the owner shall be mailed by
certified mail to the owner’s last known address as it
appears in the records of the County Assessor’s office. § 15.26.090 VIOLATIONS.
(A) Whenever the Director determines that a
violation of this chapter exists, the Director shall give notice of violation and an order to correct to the
property owner. The notice shall be in writing and
shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct
said violation.
(B) Any person who fails to comply with any
provisions of this chapter after receiving written notice of the violations(s) and being given a reasonable
opportunity to correct such violations(s) shall be
deemed to be in violation of this chapter.
(C) Any owner of a rental property, who fails to
permit the annual inspection by the Director pursuant
to this chapter, shall be in violation of this chapter. (D) Any owner of a rental property who fails to
pay any applicable fee(s) established to cover the city’s costs pursuant to this chapter shall be in violation of this chapter.
§ 15.26.100 RE-INSPECTIONS.
(A) One or more re-inspections will be conducted
to verify that the deficiencies noted by the Director
during the annual inspection have been corrected.
(B) Violations that were not noted on the initial
inspection report, but are discovered on the
re-inspection due to subsequent damage or
deterioration, shall be subject to correction.
§ 15.26.110 ADMINISTRATIVE CITATIONS.
(A) Owners who fail to correct any deficiencies
noted during any inspection or re-inspection may be
subject to an administrative citation in accordance with Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.
(B) Issuance of an administrative citation is in
addition to any other administrative or judicial (civil or criminal) remedy established by law which may be
pursued to address any violation of the municipal
code.
§ 15.26.120 APPEALS.
(A) Any recipient of an administrative citation
may contest the citation by the procedures set forth in § 9.92.080.
(B) Any party to an administrative citation
hearing may appeal from an adverse ruling to the
Board of Building Commissioners as set forth in
§ 9.92.180.
§ 15.26.130 SELF-CERTIFICATION
PROGRAM.
(A) Well-maintained rental property with no
outstanding violations of any applicable laws may
qualify to participate in the self-certification program.
Qualifying properties will not be subject to inspections for a period of three years; provided that conditions of the rental property do not deteriorate during that time to the point where the rental property would no longer
meet eligibility standards for the self-certification
program.
Packet Page. 1427
San Bernardino - Buildings and Construction52
(B) To qualify for the self-certification program,
a property owner must:
(1) Complete the self-certification program
application packet provided by the city;
(2) Pay the annual inspection fee and any
other fees required by applicable laws; and
(3) Conduct a self-inspection of all exterior
and site conditions of all rental property, and certify that conditions at the rental property meet the exterior standards listed on the self-certification program’s
checklist.
(C) Upon receipt of a request from a property
owner to participate in the self-certification program
and payment of the appropriate fee(s), the city may
inspect the rental property. If the Director determines that the property is qualified to participate in the
self-certification program, a certificate of compliance will be issued and the property owner will not be
required to pay the annual inspection fee for the
second and third years. Recertification in the
self-certification program and payment of the annual
inspection fee shall be required every three years.
(D) If the Director determines that the property
is not eligible to participate in the self-certification program, then the residential rental property shall be
subject to inspection and the property owner shall be
assessed the annual inspection fee as well as any other applicable fees.
(E) At all times, the city shall retain the authority
to investigate and address any violation of applicable
laws.
(F) Any owner that fails to maintain a rental
property to meet all of the standards listed on the
self-certification program’s checklist shall immediately be removed from the self-certification program and
become subject to annual inspections.
(G) If an officer determines that a property
qualifies for self-certification upon inspecting the
property in accordance with this chapter, the property
shall be automatically enrolled in the self-certification program.
(Ord. MC-1371, passed 3-20-2012)
§ 15.26.140 COMPLAINT-BASED
INSPECTIONS.
Nothing contained in this chapter shall prevent or
restrict the city’s authority to inspect any rental
property in response to a complaint alleging code
violations or violations of applicable laws and to
pursue all remedies permissible under this code or
applicable laws.
§ 15.26.150 VOLUNTARY INSPECTION
REQUESTS.
Nothing contained in this chapter shall be
construed to prohibit a property owner or occupant
from voluntarily requesting an inspection pursuant to
this chapter to determine whether the rental property
complies with applicable laws.
§ 15.26.160 ENFORCEMENT - PUBLIC
NUISANCE.
It shall be considered a public nuisance to have or
maintain any rental properties that fail to comply with any applicable laws. The Director shall have the power
to require correction of violations identified through
the annual inspection by using the procedure set forth
in Chapter 8.30.
§ 15.26.170 ENFORCEMENT -
ALTERNATIVES.
Nothing herein shall prevent the enforcement of
this chapter by criminal, civil or administrative actions either undertaken individually or in conjunction with
other remedies. The enforcement of this chapter by a
criminal, civil or administrative action shall not relieve
Packet Page. 1428
Single-Family Rental Property Inspection Program 53
the property owner of his or her obligations under this chapter.
§ 15.26.180 PENALTIES.
(A) A violation of this chapter shall be
considered a misdemeanor and may be punished as
such, however, at the discretion of the City Attorney,
the violation of any provisions of this article may be
filed as an infraction. The complaint charging such
violation shall specify whether the violation is a
misdemeanor or an infraction, which, upon conviction
thereof, is punishable in accordance with the
provisions of § 1.12.010.
(B) Any fees established pursuant to this section,
which are more than 30 days delinquent, shall
constitute an assessment against the rental property for the inspection of which the fees were billed. Such
delinquent fees shall be a lien on the rental property.
The Director shall notify the property owner of the
affected rental property not less than 30 days prior to notifying the county that a lien will be placed on the
property, and shall state the amount then owed. If full payment is not received within 30 days after said
notice, the Director sha ll take whatever action is
required for the amount due to be included in the next
property tax bill assessment for the rental property.
(C) In the event that any provision of this
chapter, or any part thereof, or any application
thereof, to any person or circumstance, is for any
reason held to be unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on
its face or as applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part thereof, or any application thereof to any
person or circumstance or of said provision as applied
to any other person or circumstance. It is declared to
be the legislative intent of the city that this chapter would have been adopted had such unconstitutional,
invalid or ineffective provision not been included
herein.
(Ord. MC-1266, passed 4-8-2008)
Packet Page. 1429
San Bernardino - Buildings and Construction54
Packet Page. 1430
CHAPTER 15.27: MULTI-FAMILY RENTAL HOUSING PROGRAM
MAINTENANCE STANDARDS
Section
15.27.010 Purpose
15.27.020 Applicability
15.27.030 Definitions
15.27.040 Scope
15.27.050 Mandatory participation
15.27.060 Notice of inspection
15.27.070 Violations
15.27.080 Re-inspections
15.27.090 Administrative citations
15.27.100 Appeals
15.27.110 Severability
§ 15.27.010 PURPOSE.
The multi-family rental housing maintenance
program is part of the city’s overall effort to maintain high property standards for maintenance of
multi-family rental properties, as defined herein.
Owners of any multi-family rental property will be
required to maintain these units in accordance with all applicable laws.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.020 APPLICABILITY.
(A) The provisions of this chapter shall apply to
all multi-family rental property, as that term is defined herein, within the city. This chapter also applies to the premises on which a multi-family rental property is
located, including, but not limited to, parking lots,
driveways, landscaping, accessory structures, fences
and walls.
(B) The provisions of this chapter are
supplementary and complementary to other provisions
of this code and applicable laws. Nothing in this
chapter may be construed to limit any existing right of the city to abate nuisances or to enforce any provisions of applicable law, statute or this code, including
provisions of uniform codes adopted by reference in
this code.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.030 DEFINITIONS.
For the purpose of this chapter, unless otherwise
apparent from their context, certain words and phrases
used in this chapter shall have the meanings
hereinafter designated. The definitions in this chapter are included for reference purposes only and are not
intended to narrow the scope of definitions set forth in federal or state laws or regulations. Words used in this chapter in the singular may include the plural and the
plural may include the singular. Use of the masculine
shall also mean feminine and neuter.
APPLICABLE LAWS. The City’s Municipal
Code, the California Fire Code, the California
Building Code, the Uniform Housing Code, Uniform
Code for the Abatement of Dangerous Building and
any other laws or regulations relating to the health or safety of city residents or the general public, as
adopted by the city.
CITY. The City of San Bernardino.
DIRECTOR. The Director of Community,
Housing and Economic Development of the City of
San Bernardino, or his or her designee.
MANAGER. The person(s) who is responsible for
the day-to-day maintenance, upkeep and security of the
rental property. MANAGER does not mean those who
only physically perform the day-to-day maintenance,
upkeep and security functions of the rental property,
55 Packet Page. 1431
San Bernardino - Buildings and Construction56
such as, but not limited to, groundskeepers, craft
workers and security guards. Rather, the MANAGER
is the person(s) who makes the decisions concerning,
and who directs and controls those who execute, the
day-to-day maintenance, upkeep and security of the
rental property.
MULTI-FAMILY RENTAL HOUSING
COMPLEX. A multi-unit residential structure
consisting of four or more units existing on one parcel of land.
MULTI-FAMILY RENTAL HOUSING UNIT or
UNIT. Any residential dwelling unit, as defined in
Chapter 19.02 of the Development Code, in a single
structure, or in a group of attached or detached
structures containing two or more such dwelling units
on the same parcel of land, and is occupied or
intended to be occupied on a rental basis. For the
purpose of this chapter, the following types of
dwelling units or facilities are not considered
MULTI-FAMILY RENTAL HOUSING UNITS:
(1) Hotels or motels;
(2) Accommodations in any hospital,
extended care facility, residential care facility,
convalescent home, non-profit home for the aged or
dormitory that is owned and operated by an education
institution; and
(3) Mobile home parks.
OCCUPANT. Any person who occupies a
multi-family rental property, whether as a tenant or
permittee of the owner.
OWNER or PROPERTY OWNER. A single
individual, partnership or joint venture or any entity
that has any kind of ownership interest in a
multi-family rental property whether as an individual,
partner, joint venture, stock owner or ownership
interest in some other capacity or the owner’s
designee. If more than one person or an entity owns
the subject real property, OWNER or PROPERTY
OWNER refers to each person or entity holding any
kind of ownership interest in the property, and the
property owners’ obligations in this chapter are joint
and several as to each property owner.
(Ord. MC-1619, passed 10-4-2023; Ord. MC-1625,
passed 2-21-2024)
§ 15.27.040 SCOPE.
The provisions of this chapter shall apply to all
multi-family rental housing complexes containing four
or more units on a single parcel.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.050 MANDATORY PARTICIPATION.
(A) All multi-family rental property located in
the city shall be subject to an annual inspection by the Director for compliance with the multi-family rental
housing program maintenance standards.
(B) All property owners and managers of
multi-family rental property shall attend the eight-hour rental housing course presented by the city within
eight months of the passage of this chapter. If a new
owner or manager takes over the property, the new
property owner or manager shall complete the
eight-hour rental housing course presented by the city
within six months of said ownership or employment.
(C) Any oral or written communication in the
form of educational manuals, guidance, inspection
materials, memoranda, reports, worksheets and
writings used by the city and its employees and/or
agents used in the rental housing course and/or annual
inspection shall refrain from referring to the
multi-family rental housing program maintenance
standards as a crime-free program or crime reduction
program. The course and inspection materials shall
refrain from pejoratively or derogatorily describing
persons with criminal histories. The course and
inspection materials shall not instruct property owners and managers to rely upon or use any criminal history
information in housing admissions and housing
termination of housing decisions that is prohibited by
fair housing state and federal laws and regulations,
including guidance from applicable state and federal
enforcement agencies, which may be amended from
time to time.
(D) City sworn law enforcement shall not be
Packet Page. 1432
Multi-Family Rental Housing Program Maintenance Standards 57 involved in conducting the rental housing course or in
conducting the annual exterior inspections or
re-inspections. City code enforcement officers may be
involved in conducting the rental housing course and
in conducting the annual exterior inspections and
re-inspections as a lawful exercise of their duties,
including, but not limited to, enforcement
responsibilities under Cal. Civil Code, §§ 1941 et seq. and Cal. Health and Safety Code, §§ 17920.3 and
17975 et seq.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.060 NOTICE OF INSPECTION.
(A) The Director shall mail written notice of the
date and time of the inspection to the owner of the
multi-family rental property at least three weeks before the scheduled annual inspection. Such notice shall
provide the address and phone number where
additional information concerning the inspection may
be obtained. Notice to the owner shall be mailed by
regular mail to the owner’s last known address as it
appears in the records of the County Assessor’s office. (B) The notice of inspection for the rental
housing maintenance program shall be combined with
the multi-family rental housing program notice to the
greatest extent possible for the convenience of the
property owner.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.070 VIOLATIONS.
(A) Whenever the Director determines that a
violation of this chapter exists, the Director shall give notice of violation and an order to correct to the
property owner. The notice shall be in writing and
shall describe with reasonable detail the violation(s) so that the property owner has the opportunity to correct
said violation(s).
(B) Any person who fails to comply with any
provisions of this chapter after receiving written notice of the violation(s) and being given a reasonable
opportunity to correct such violation(s) shall be
deemed to be in violation of this chapter.
(C) Any owner of a multi-family rental property
who fails to permit the annual inspection by the
Director pursuant to this chapter shall be in violation of this chapter.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.080 RE-INSPECTIONS.
(A) One or more re-inspections may be
conducted to verify that the deficiencies noted by the
Director during the annual inspection have been
corrected.
(B) Violations that were not noted on the initial
inspection report, but are discovered on the
re-inspection due to subsequent damage or
deterioration shall be subject to correction.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.090 ADMINISTRATIVE CITATIONS.
(A) Owners who fail to correct any deficiencies
noted during any inspection or re-inspection may be
subject to an administrative citation in accordance with Chapter 9.92 until all deficiencies have been corrected to the satisfaction of the Director.
(B) Issuance of an administrative citation is in
addition to any other administrative or judicial (civil or criminal) remedy established by law which may be
pursued to address any violation of the municipal
code.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.100 APPEALS.
Any recipient of an administrative citation may
contest the citation by the procedures set forth in
Chapter 9.94.
(Ord. MC-1619, passed 10-4-2023)
§ 15.27.110 SEVERABILITY.
In the event that any provision of this chapter, or
any part thereof, or any application thereof to any
Packet Page. 1433
San Bernardino - Buildings and Construction58
person or circumstance, is for any reason held to be
unconstitutional or otherwise invalid or ineffective by a court of competent jurisdiction on its face or as
applied, such holding shall not affect the validity of the remaining provisions of this chapter, or any part
thereof, or any application thereof to any person or
circumstance or of said provision as applied to any
other person or circumstance. It is declared to be the
legislative intent of the city that this chapter would
have been adopted had such unconstitutional, invalid
or ineffective provision not been included herein.
(Ord. MC-1619, passed 10-4-2023)
Packet Page. 1434
CHAPTER 15.28: DANGEROUS BUILDINGS
Section
15.28.010 Referenced code
15.28.020 Uniform Code for the Abatement
of Dangerous Buildings -
amended
15.28.030 Reserved
15.28.040 Reserved
15.28.050 Reserved
15.28.060 Reserved
15.28.070 Reserved
15.28.080 Reserved
15.28.090 Reserved
15.28.100 Reserved
15.28.110 Reserved
15.28.120 Reserved
15.28.130 Reserved
15.28.140 Securing dangerous buildings
from entry
15.28.150 Abatement of nuisance by
Building Official
15.28.160 Discontinuance of utilities
15.28.170 Filing of notice of pendency of
administrative proceedings
15.28.180 Reserved
15.28.190 Post-disaster safety assessment
placards
15.28.200 Section 103 amended
15.28.210 Section 205 amended
15.28.220 Section 301 amended
§ 15.28.010 REFERENCED CODE.
The latest edition of the Uniform Code for the
Abatement of Dangerous Buildings, as adopted
pursuant to § 15.04.020, is incorporated herein, and as hereinafter amended, shall govern the identification
and abatement of dangerous buildings.
(Ord. 2291, passed 3-29-1960; Ord. 3481, passed
3-12-1975; Ord. MC-880, passed 6-23-1993)
§ 15.28.020 UNIFORM CODE FOR THE
ABATEMENT OF DANGEROUS BUILDINGS -
AMENDED.
(A) Chapters 5, 6 and 9 of the Uniform Code for
the Abatement of Dangerous Buildings are deleted.
(B) 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. Except for
vacation orders made under § 404 of the UCADB,
enforcement of any notice and order of the Building
Official is stayed during the pendency of an appeal
therefrom that is properly and timely filed.
(Ord. 2291, passed 3-29-1960; Ord. 3481, passed
3-12-1975; Ord. MC-880, passed 6-23-1993; Ord.
MC-1521, passed 9-18-2019)
§ 15.28.030 RESERVED.
[Reserved]
§ 15.28.040 RESERVED.
[Reserved]
59 Packet Page. 1435
San Bernardino - Buildings and Construction60
§ 15.28.050 RESERVED.
[Reserved]
§ 15.28.060 RESERVED.
[Reserved]
§ 15.28.070 RESERVED.
[Reserved]
§ 15.28.080 RESERVED.
[Reserved]
§ 15.28.090 RESERVED.
[Reserved]
§ 15.28.100 RESERVED.
[Reserved]
§ 15.28.110 RESERVED.
[Reserved]
§ 15.28.120 RESERVED.
[Reserved]
§ 15.28.130 RESERVED.
[Reserved]
§ 15.28.140 SECURING DANGEROUS
BUILDINGS FROM ENTRY.
(A) The Building Official is authorized to secure
from 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 express
written consent of the City Building Official is guilty of a misdemeanor, which, upon conviction thereof, is
punishable in accordance with the provisions of
§ 1.12.010.
(C) The Building Official’s decision to secure a
structure may be appealed in the same manner as the
issuance of the underling notice to vacate and as
provided in § 15.28.020.
(Ord. 2291, passed 3-29-1960; Ord. 3227, passed
1-4-1972; Ord. MC-177, passed 7-7-1982; Ord.
MC-228, passed 12-7-1982; Ord. MC-607, passed
9-22-1987; Ord. MC-1521, passed 9-18-2019)
§ 15.28.150 ABATEMENT OF NUISANCE BY
BUILDING OFFICIAL.
(A) The same procedures provided in
§ 15.28.140 for abating nuisances through securing
from entry any structure which is determined by the
Building Official to be immediately dangerous or
hazardous may be used by the Building Official in
connection with the summary abatement of all other
nuisances upon private property which the Building
Official determines, in his or her discretion, to
Packet Page. 1436
Dangerous Buildings 61
constitute an immediately dangerous or hazardous
condition in accordance with California Building
Code, § 116. The same procedures provided in
§ 15.28.140 for abating nuisances through securing
from entry any structure which is determined by the
Building Official to be immediately dangerous or
hazardous may be used by the Building Official in
connection with the summary abatement of all other
nuisances upon private property which the Building
Official determines, in his or her discretion, to
constitute an immediately dangerous or hazardous
condition in accordance with California Building
Code, § 116.
(B) The Building Official, or his or her
representative, may summarily abate conditions found
to be a nuisance under division (A) above, in his or
her discretion, in the most appropriate manner under
the circumstances.The Building Official, or his or her
representative, may summarily abate conditions found
to be a nuisance under division (A) above, in his or
her discretion, in the most appropriate manner under
the circumstances.
(1) The manner of abatement may include,
but is not limited to, the following methods: fencing,
draining water from swimming pools and filling with
appropriate ballast, removing the fire hazards, filling or covering open holes and grading or strengthening
landfills or excavations.The manner of abatement may
include, but is not limited to, the following methods:
fencing, draining water from swimming pools and
filling with appropriate ballast, removing the fire
hazards, filling or covering open holes and grading or
strengthening landfills or excavations.
(2) Although the manner and method used
by the Building Official shall be at his or her
discretion, he or she shall, in making his or her
determinations, seek the most economical method and
endeavor not to place an undue economic hardship
upon the owners of the property, using only those
measures which will eliminate the dangerous and
hazardous conditions.Although the manner and method
used by the Building Official shall be at his or her
discretion, he or she shall, in making his
determinations, seek the most economical method and
endeavor not to place an undue economic hardship
upon the owners of the property, using only those
measures which will eliminate the dangerous and
hazardous conditions.
(C) (1) The Building Official shall immediately
after such abatement action mail notice to the owners
as provided in § 15.28.140.The Building Official shall
immediately after such abatement action mail notice to
the owners as provided in § 15.28.140.
(2) The notice shall include:
The notice shall
include:
(a) A description of the action he or
she has taken;A description of the action he or she has taken;
(b) The cost thereby incurred by the
city, including all administrative costs; The cost
thereby incurred by the city, including all
administrative costs;
(c) The reasons why he has taken the
action;The reasons why he or she has taken the action;
(d) That an appeal may be taken within
ten days to the Board of Building Commissioners as
provided in § 15.28.140; and That an appeal may be
taken within ten days to the Board of Building
Commissioners as provided in § 15.28.140; and
(e) That if this action is not annulled
by the Board of Building Commissioners, the cost of
abating the nuisance on the property shall become a
special assessment and lien on the property unless the
cost is paid to the city within 30 days of the mailing of the notice.That if this action is not annulled by the
Board of Building Commissioners, the cost of abating
the nuisance on the property shall become a special
assessment and lien on the property unless the cost is
paid to the city within 30 days of the mailing of the
notice.
(D) Fees for processing of demands for
information regarding liens imposed under this chapter
shall apply in an amount set by resolution of the
Mayor and City Council.Fees for processing demands
for information regarding liens imposed under this
chapter shall apply in an amount set by resolution of
the Mayor and City Council.
Packet Page. 1437
San Bernardino - Buildings and Construction62
(E) The procedures hereunder for appeal,
hearing and any other actions shall be as provided in
Chapter 3.68* for determination and collection of the
assessment for costs of abatement. The procedures
hereunder for appeal, hearing and any other actions
shall be as provided in Chapter 3.68* for
determination and collection of the assessment for
costs of abatement.
(Ord. 2291, passed 3-29-1960; Ord. 3227, passed
1-4-1972; Ord. 3593, passed 8-2-1976; Ord. MC-177,
passed 7-7-1982; Ord. MC-1307, passed 6-2-2009;
Ord. MC-1521, passed 9-18-2019; Ord. MC-1525,
passed 1-15-2020; Ord. MC-1643, passed 10-2-2024)
§ 15.28.160 DISCONTINUANCE OF
UTILITIES.
The Building Official may order the
discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building
Code.The Building Official may order the
discontinuance or disconnection of utilities for unsafe conditions as allowed by the California Building Code.
(Ord. 2291, passed 3-29-1960; Ord. 3227, passed
1-4-1972; Ord. MC-1525, passed 1-15-2020 ; Ord.
MC-1643, passed 10-2-2024)
§ 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 § 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 subsequent owner, purchaser,
encumbrancer of the property described therein or
involved in the proceedings, beneficiary of a trust
deed, lienholder, mortgagee or any other person
holding or claiming any interest of any kind in the
property described therein who shall be bound by the
administrative proceedings, including liability for all amounts and costs and expenses assessed against the
property as a lien for abatement in the same manner as
if he or she had been the owner at the time of
commencement of the proceedings and had been
properly served at that time.
(Ord. 2291, passed 3-29-1960; Ord. 3227, passed
1-4-1972; Ord. MC-580, passed 2-4-1987; Ord.
MC-880, passed 6-23-1993; Ord. MC-1521, passed
9-18-2019)
§ 15.28.180 RESERVED.
[Reserved]
§ 15.28.190 POST-DISASTER SAFETY
ASSESSMENT PLACARDS.
(A) Intent. This section establishes standard
placards to be used to indicate the condition of a
structure for continued occupancy after any natural or
human-made disaster. The chapter further authorizes
the Planning and Building Services Department, as
well as authorized representatives or designees of that Department, to post the appropriate placard at each
entry point to a building or structure upon completion
of a safety assessment.
(B) Application of provisions. The provisions of
this section are applicable, following each natural or
human-made disaster, to all buildings and structures of all occupancies regulated by the city. The Mayor and
Common
City Council may extend the provisions, as
necessary.
(C) Definition. For the purpose of this section,
the following definition shall apply unless the context clearly indicates or requires a different meaning.
SAFETY ASSESSMENT. A visual,
non-destructive examination of a building or structure
for the purpose of determining the condition for
continued occupancy following a natural or
human-made disaster.
(D) Placards.
(1) The following are verbal descriptions of
the official jurisdiction placards to be used to designate the condition for continued occupancy of buildings or
Packet Page. 1438
Dangerous Buildings 63
structures.
(a) INSPECTED: Lawful occupancy
permitted is to be posted on any building or structure
wherein no apparent structural hazard has been found.
This placard is not intended to mean that there is no
damage to the building or structure.
(b) RESTRICTED USE is to be posted
on each building or structure that has been damaged
wherein the damage has resulted in some form of
restriction to the continued occupancy. The evaluator
who posts this placard will note, in general terms, the type of damage encountered and will clearly and
concisely note the restrictions on continued occupancy. (c) UNSAFE: “Do Not Enter or
Occupy” is to be posted on each building or structure
that has been damaged such that continued occupancy
poses a threat to life safety. Buildings or structures
posted with this placard shall not be entered under any circumstance except as authorized in writing by the
department that posted the building. Safety assessment
teams shall be authorized to enter these buildings at
any time. This placard will note in general terms the
type of damage encountered.
(2) Each placard shall include the ordinance
number, the name of the Department, its address and
phone number and a statement regarding the manner in
which an appeal may be filed.
(3) Once it has been attached to a building
or structure, a placard shall not be removed, altered or covered until done so by an authorized representative
of the Department or upon written notification from
the Department.
(4) Any person removing such placard
without the express written consent of the City
Building Official is guilty of a misdemeanor, which,
upon conviction thereof, is punishable in accordance
with the provisions of § 1.12.010.
(E) Notification.
(1) The Building Official shall, as soon as
practicable but no later than 30 days from the date of
posting, mail a notice to the owner of each building
posted as “Restricted Use or Unsafe.” Such notice
shall be mailed to the owner(s) of record of the
property as ascertained from the latest assessment roll of the County Assessor.
(2) The notice shall include the following
information:
(a) A statement indicating that the
structure has suffered disaster related damage which
constitutes a hazard to its occupants, the public or
adjacent property;
(b) That the building has been posted
with placards in accordance with this section;
(c) The restrictions placed on the use
or occupancy of the building;
(d) A brief description of the damage;
(e) That the damage must be repaired
and the hazards eliminated prior to re-occupancy; and
(f) That an appeal may be filed in
accordance with the procedures contained in this
chapter.
(F) Abatements. If a damaged structure becomes
a public nuisance due to abandonment or the failure to
repair damage which poses a hazard to the occupants,
the public or adjacent property, the Building Official
may initiate abatement proceedings in accordance with
Chapters 8.30 and this chapter.
(Ord. MC-1018, passed 2-4-1998)
§ 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 wh ich are required to be repaired under the provisions of this code shall be subject to the provisions of the California Building Sta ndards Code promulgated by the California Building Standards Commission in Title 24 of the California Code of Re gulations, as adopted and amended by the City of San Bernardino.”
(Ord. MC-1521, passed 9-18-2019)
Packet Page. 1439
San Bernardino - Buildings and Construction64
§ 15.28.210 SECTION 205 AMENDED.
Section 205 of the Uniform Code for the
Abatement of Dangerous Buildings is amended by
deleting the section.
(Ord. MC-1521, passed 9-18-2019)
§ 15.28.220 SECTION 301 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 constr ued 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 adopted and amended by 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.” (Ord. MC-1521, passed 9-18-2019)
Packet Page. 1440
CHAPTER 15.32: RESERVED
(Repealed by Ord. MC-781, passed 4-22-1991)
65 Packet Page. 1441
San Bernardino - Buildings and Construction66
Packet Page. 1442
CHAPTER 15.34: REMOVAL OR DESTRUCTION OF TREES
Section
15.34.010 Findings
15.34.020 Permit required
15.34.030 Exceptions
15.34.040 Application procedure
15.34.050 Inspection fee
15.34.060 Violation
§ 15.34.010 FINDINGS.
Public safety and welfare and the protection of the
environment requires that certain regulations be
adopted pertaining to the removal of trees within the
city.
(Ord. MC-682, passed 11-9-1989)
§ 15.34.020 PERMIT REQUIRED.
It is unlawful for any person, firm, corporation,
partnership or association, either as owner, agent or
otherwise, to cut down, uproot, destroy and/or remove
more than five trees within any 36-month period from
a development site or parcel of property without first
being issued a permit from the City Development
Services Department.
(Ord. MC-682, passed 11-9-1989; Ord. MC-1027,
passed 9-9-1989)
§ 15.34.030 EXCEPTIONS.
A permit shall not be required when a lawful
order to remove the trees for health and safety
purposes has been issued by a local, state or federal
government agency, nor shall a permit be required if
a removal is to be accomplished by, or under the
auspices of a governmental entity or employee(s)
thereof. Commercial tree farms are also excepted from
this chapter.
(Ord. MC-682, passed 11-9-1989)
§ 15.34.040 APPLICATION PROCEDURE.
(A) The owner of the property, or his or her
agent, shall file a written application with the Planning Official prior to the destruction or removal of the
trees. The Planning Official shall cause an inspection
to be made of the property within ten working days to
determine whether the trees can be removed. If it is
determined that the trees can be removed without
detriment to the environment and welfare of the
community, then the Planning Official shall issue the
permit. Such permit may be issued subject to
reasonable conditions imposed by the Planning
Official.
(B) When an inspection discloses that the
removal of trees would be detrimental to the
environment and harmful to the safety and welfare of
the community, the Planning Official shall deny the
issuance of a permit.
(C) Any person aggrieved by the denial of a
permit by the Planning Official may appeal the
decision to the Mayor and Common
City Council in
accordance with the provisions of Chapter 2.64.
(Ord. MC-682, passed 11-9-1989)
§ 15.34.050 INSPECTION FEE.
Each application for a permit shall be
accompanied by an inspection fee which shall be
established by resolution of the Mayor and
Common
City Council.
(Ord. MC-682, passed 11-9-1989)
67 Packet Page. 1443
San Bernardino - Buildings and Construction68
§ 15.34.060 VIOLATION.
(A) Any person who violates, or causes violation
of, any provision of this chapter shall be deemed guilty of an infraction or misdemeanor, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(B) Any person who violates or causes violation
of any provision of this chapter, in addition to the
above fine, shall pay restitution to the city for
unlawful destruction or removal of the trees in an
amount not to exceed the replacement value of the
trees.
(Ord. MC-682, passed 11-9-1989)
Packet Page. 1444
CHAPTER 15.36: DEMOLITION AND MOVING OF BUILDINGS AND STRUCTURES Section
15.36.010 Permit required - application
15.36.020 Reserved
§ 15.36.010 PERMIT REQUIRED -
APPLICATION.
(A) Any person, firm or corporation desiring to
demolish, dismantle or tear down any house, building
or structure within the city or to move the same
outside the city limits shall, before proceeding with
such work, file an application with the Building
Official for permit to do so. The Building Official, if he or she feels that the granting of such permit is not contrary to public health, safety and welfare, and if he or she determines that the applicant has fully complied with and satisfied each and every other applicable
provision of local and state law, shall issue such
permit; provided, however, that, as a condition to the
issuance of such permit, the applicant shall pay to the Building Official a fee in a sum in accordance with the schedule set forth in § 303 of the California Building
Code, which shall be in addition to any other fee
required by law, and shall deposit with him or her a
surety bond in the amount of $1,000 to ensure the
faithful performance by the applicant of the following
conditions under which such permit is granted,
namely: that upon the moving, demolition, dismantling
or tearing down of such house, building or other
structure, the lot, parcel or site shall be cleared of all debris, brick, rock, cement work, foundations, weeds,
brush, dead or uncared for trees and vegetation and be
filled and graded in accordance with the provisions of
Chapter 15.04 in such a manner that storm waters and
other waters will not accumulate thereon so that the
premises are left in a clean and safe condition as
determined by the Director of Community and
Economic Development. Any person, firm or
corporation desiring to demolish, dismantle or tear
down any house, building or structure within the city
or to move the same outside the city limits shall,
before proceeding with such work, file an application
with the Department of Community and Economic
Development for permit to do so. The Superintendent,
if he or she feels that the granting of such permit is not contrary to public health, safety and welfare, and if he or she determines that the applicant has fully complied with and satisfied each and every other applicable
provision of local and state law, shall issue such
permit; provided, however, that as a condition to the
issuance of such permit, the applicant shall pay to the Superintendent a fee in a sum in accordance with the
schedule set forth in § 303 of the California Building
Code, which shall be in addition to any other fee
required by law, and shall deposit with him or her a
surety bond in the amount of $1,000 to ensure the
faithful performance by the applicant of the following
conditions under which such permit is granted,
namely: that upon the moving, demolition, dismantling
or tearing down of such house, building or other
structure, the lot, parcel or site shall be cleared of all debris, brick, rock, cement work, foundations, weeds,
brush, dead or uncared for trees and vegetation and be
filled and graded in accordance with the provisions of
Chapter 15.04 in such a manner that storm waters and
other waters will not accumulate thereon so that the
premises are left in a clean and safe condition as
determined by the Director of Community
Development and Housing Department.
(B) Any permit issued under this section shall be
further conditioned upon completion of the work of
moving or demolition, dismantling, tearing down,
69 Packet Page. 1445
San Bernardino - Buildings and Construction70
filling, grading and cleaning of the site within a period of 90 days from the date of its issuance, which period
may be extended by the Chief Building Inspector upon
good cause shown for such additional periods as may
be reasonably required to carry out the purposes of the permit.Any permit issued under this section shall be
further conditioned upon completion of the work of
moving or demolition, dismantling, tearing down,
filling, grading and cleaning of the site within a period of 90 days from the date of its issuance, which period
may be extended by the Building Official upon good
cause shown for such additional periods as may be
reasonably required to carry out the purposes of the
permit.
(C) The permit shall not be issued or approved
unless and until the applicant has furnished satisfactory evidence to the Superintendent:The permit shall not be
issued or approved unless and until the applicant has
furnished satisfactory evidence to the Superintendent:
(1) That he or she has fully complied with
the provisions of § 119(a) of the Uniform Plumbing
Code or other law pertaining to the plugging or
capping of abandoned sewer outlets;That he or she has
fully complied with the provisions of § 119(a) of the
Uniform Plumbing Code or other law pertaining to the
plugging or capping of abandoned sewer outlets;
(2) That he or she has obtained a permit for
such plugging and capping in accordance with § 1.8 of
the Uniform Plumbing Code or other law; That he or
she has obtained a permit for such plugging and
capping in accordance with § 1.8 of the Uniform
Plumbing Code or other law;
(3) That he or she has completed the
plugging and capping thereof in an approved manner
as evidenced by a final inspection; andThat he or she
has completed the plugging and capping thereof in an
approved manner as evidenced by a final inspection;
and
(4) That he or she has cleaned and filled
any abandoned cesspool and has filled and graded the
property as required herein.That he or she has cleaned
and filled any abandoned cesspool and has filled and
graded the property as required herein.
(Ord. 2014, passed 1-19-1954; Ord. 2784, passed
11-29-1966; Ord. 3628, passed 2-24-1977; Ord.
MC-1027, passed 9-9-1998; Ord. MC-1525, passed
1-15-2020; Ord. MC-1643, passed 10-2-2024)
§ 15.36.020 RESERVED.
[Reserved]
(Repealed by Ord. MC-460, passed 5-15-1985)
Packet Page. 1446
CHAPTER 15.37: HISTORIC BUILDING DEMOLITION ORDINANCE
Section
15.37.010 Findings and purpose
15.37.020 Definitions
15.37.030 Demolition prohibited
15.37.040 Dangerous buildings exempted
under exigent circumstances
15.37.045 Evaluation thresholds and review
requirements
15.37.050 Historic resource evaluation
report
15.37.055 Criteria for determination of
historical significance
15.37.060 Review process
15.37.070 Appeals
15.37.080 Penalty
15.37.085 Reserved
15.37.090 Fees
§ 15.37.010 FINDINGS AND PURPOSE.
The Mayor and City Council find and declare the
following.
(A) The city’s general plan, adopted on
November 1, 2005, includes a Historical and
Archaeological Resources Element which provides a
basis for historic preservation in the city.
(B) This chapter is adopted to establish a
procedure for consideration of demolition requests for
historic buildings and structures as defined herein.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018)
§ 15.37.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
BUILDING. Any structure having a roof and
walls built and maintained to shelter human activity or property.
DEMOLITION. To destroy any building or
structure so that it is no longer standing or functional.
REPORT. Historic resource evaluation report, a
report that evaluates the historical significance of a
resource based upon established criteria.
RESOURCE. A building or structure as defined
in this chapter.
STRUCTURE.
(1) Any structure having a roof and walls
built and maintained to shelter human activity or
property; or
(2) A work made up of independent and
interrelated parts that performs a primary function
unrelated to human shelter.
SURVEY. Historic Resources Reconnaissance
Survey (Volumes 1 through 5 and Attachments, April
30, 1991 and all subsequent revisions), a citywide
71 Packet Page. 1447
San Bernardino - Buildings and Construction72
survey of buildings and structures constructed prior to December 31, 1941, which provides baseline
information regarding the types and locations of
resources, approximate construction dates,
representative architectural styles, construction
materials and contextual historical themes.
THE ARTS AND HISTORICAL
PRESERVATION COMMISSION. A commission
formed by resolution of the Mayor and City Council
whose members are appointed by the Mayor and City
Council.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018)
§ 15.37.030 DEMOLITION PROHIBITED.
No building or structure 50 years old or older
shall be demolished unless a valid demolition permit
has been issued in accordance with this chapter.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018)
§ 15.37.040 DANGEROUS BUILDINGS
EXEMPTED UNDER EXIGENT
CIRCUMSTANCES.
The demolition of any building or structure 50
years old or older shall be exempt from the provisions
of this chapter if a determination has been made,
supported by findings of fact, by the hearing officer or the building official, pursuant to Chapter 15.28,
declaring that the building or structure is a dangerous building and constitutes an imminent threat to the
health and safety of the public. In lieu of immediate
demolition of a structure posing an imminent hazard,
feasible mitigation measures should be employed
where practicable in order to preserve the structure
and site until the historical review process is
completed.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018)
§ 15.37.045 EVALUATION THRESHOLDS
AND REVIEW REQUIREMENTS.
Buildings and structures 50 years old or older
proposed for demolition shall be evaluated to
determine historical significance. The level of review
required shall be determined in accordance with the
following thresholds and requirements which are based
upon the Historic Resources Reconnaissance Survey
(Volumes 1 through 5 and attachments, April 30, 1991
and all subsequent revisions).
(A) A historic resource evaluation report
(“report”) shall be required for any resource identified on a modified State Department of Parks and
Recreation (“DPR”) 523 Form (Volume 3, Appendix
B, Resource List and DPR Forms) or located within an
area identified as being potentially eligible for Historic District designation and listed as a contributing
resource (Volume 3, Appendi x C, Historic Districts
and Overlay Zones, Items 1 through 4).
(B) A historic resource evaluation report may be
required for any resource listed on the tabular list and located within the boundaries of an area identified in
the survey as being potentially eligible for Historic
Overlay Zone designation (Volume 3, Appendix C,
Historic Districts and Overlay Zones, Items 5 through
13). Using the criteria established in § 15.37.055, the Director of Community Development and Housing
shall evaluate demolition proposals for these resources to determine the requirement for a report.
(C) Demolition permit applications for buildings
and structures which are listed only on the tabular list or not included in the survey shall not require a report unless the Director of Community Development and
Housing determines that a report is required based
upon new historical or cultural information not
contained in the survey. When required, historic
resource evaluation reports shall be prepared in
Packet Page. 1448
Historic Building Demolition Ordinance 73
accordance with § 15.37.050.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018; Ord. MC-1625,
passed 2-21-2024)
§ 15.37.050 HISTORIC RESOURCE
EVALUATION REPORT.
(A) A historic resource evaluation report
required as a submittal for a demolition permit
application shall contain the following elements:
(1) Purpose and scope;
(2) Methods of evaluation: field and
archival;
(3) Location and setting;
(4) Architectural description of the
resource;
(5) Historical background;
(6) Discussion of eligibility for NR listing;
(7) Statement of significance;
(8) Conclusions;
(9) Recommendations (may include
proposed mitigation); and
(10) Archival documentation (appendices).
(B) The statement of significance element
(division (A)(7) above) shall be made using the criteria listed in § 15.37.055 and shall include a discussion of the related historical contextual themes.
(C) The archival documentation (division (A)(10)
above) of the resource shall include a completed DPR
523 Form and archival quality photo documentation.
This information shall be included as an appendix to
the report.
(D) Preparation and submittal of the report shall
be the responsibility of the applicant. All reports shall be prepared by consultants who meet the professional
qualification standards for the field of historic
preservation, as described in the Federal Register.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1027, passed 9-9-1998;
Ord. MC-1306, passed 6-2-2009; Ord. MC-1482,
passed 4-18-2018)
§ 15.37.055 CRITERIA FOR
DETERMINATION OF HISTORICAL
SIGNIFICANCE.
The criteria for determination of historical
significance include the following:
(A) The building or structure has character,
interest or value as a part of the heritage of the city; (B) The location of the building or structure is
the site of a significant historic event;
(C) The building or structure is identified with a
person(s) or group(s) who significantly contributed to
the culture and development of the city;
(D) The building or structure exemplifies a
particular architectural style or way of life important to the city;
(E) The building or structure exemplifies the best
remaining architectural type in a neighborhood;
(F) The building or structure is identified as the
work of a person whose work has influenced the
heritage of the city, the state or the United States;
(G) The building or structure reflects outstanding
attention to architectural design, detail, materials or craftsmanship;
(H) The building or structure is related to
landmarks or historic districts and its preservation is essential to the integrity of the landmark or historic
district;
(I) The unique location or singular physical
characteristics of the building or structure represents
Packet Page. 1449
San Bernardino - Buildings and Construction74
an established and familiar feature of a neighborhood;
or
(J) The building, structure or site has the
potential to yield historical or archaeological
information.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018)
§ 15.37.060 REVIEW PROCESS.
(A) Director review. The Director of Community
Development and Housing shall determine whether to
issue a demolition permit for an application which
does not require a report in accordance with evaluation thresholds in division (B) and (C) below and the
requirements specified in § 15.37.045.
(B) The Development and Environmental Review
Committee (“DERC”) review.
(1) An initial study (pursuant to the
California Environmental Quality Act) shall be
prepared for a demolition permit application when a
historical resource evaluation report is required in
accordance with § 15.37.045(A) through (C).
(2) The report may be included as an
attachment to the initial study or referenced in the
initial study. The initial study shall be reviewed by the DERC for an environmental determination in
compliance with the provisions of the California
Environmental Quality Act and applicable city
requirements. Following the DERC review, the
application and the environmental determination shall
be reviewed by the Arts and Historical Preservation
Commission.
(C) Arts and Historical Preservation Commission
review. The Arts and Historical Preservation
Commission shall receive notification of demolition
permit applications for which a historic resource
evaluation report is prepared for their review and
make recommendations to the Planning Commission
regarding the historic significance of resources and the approval or denial of applications.
(D) Planning Commission review.
(1) A demolition permit application for
which a historic resource evaluation report and initial study are prepared shall be scheduled for review by
the Planning Commission within 45 days of the
DERC’s environmental determination. The Planning
Commission shall review demolition permit
applications to determine the historical significance of the resource based upon the criteria set forth in
§ 15.37.055. The Planning Commission may also
consider the National Register criteria for evaluation. (2) Based upon the information provided,
the Planning Commission shall take action on the
environmental determination and approve or deny the
issuance of the demolition permit. The Planning
Commission’s review must be completed within 30
days of the first public hearing before the Planning
Commission or the application shall be forwarded to
the Mayor and City Council.
(3) When a demolition permit application is
denied because of a determination of historical
significance, the Planning Commission shall forward
that recommendation to the Mayor and City Council.
(4) If the Planning Commission approves
the demolition permit application, the demolition
permit shall be issued in accordance with the Planning
Commission action and following compliance with the
provisions of this chapter and all other city
requirements.
(E) Effective date of permit. Demolition permits
shall become effective 16 days following the final date of action (i.e., approval) by the Director or the
Planning Commission, unless an appeal has been filed
pursuant to § 15.37.070, which shall stay the issuance
of the demolition permit until after the appeal is
decided.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018; Ord. MC-1625,
passed 2-21-2024)
Statutory reference:
California Environmental Quality Act, see Cal.
Public Resources Code, §§ 21000 et seq.
Packet Page. 1450
Historic Building Demolition Ordinance 75
§ 15.37.070 APPEALS.
(A) Any person may appeal the decisions of the
Director of Community Development and Housing
pursuant to this chapter to the Planning Commission.
Decisions of the Planning Commission pursuant to this
chapter may be appealed to the Mayor and City
Council.
(B) An appeal must be submitted in writing with
the required appeal fee (if applicable) to the
Department of Community Development and Housing
within 15 days following the final date of the action
for which an appeal is made. The written appeal shall
include the reason(s) why the historic resource
evaluation report should or should not be required; or
why the demolition permit application should be
granted, denied or exempt from the provisions of this
chapter.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1027, passed 9-9-1998;
Ord. MC-1306, passed 6-2-2009; Ord. MC-1482,
passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)
§ 15.37.080 PENALTY.
Any person, firm or corporation, whether as
principal, agent, employee or otherwise, violating or
causing the violation of any of the provisions of this
chapter is guilty of a misdemeanor, which, upon
conviction thereof, is punishable in accordance with
the provisions of §§ 1.12.010 and 1.12.020 in addition
to any other civil or administrative remedies.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018)
§ 15.37.085 RESERVED.
[Reserved]
(Deleted by Ord. MC-1482, passed 4-18-2018)
§ 15.37.090 FEES.
Upon submittal of a demolition permit application
to the Department of Community Development and
Housing, the applicant shall pay all applicable
Planning Division fees in the amounts as adopted by
resolution of the Mayor and City Council for an initial study and for the Planning Commission review. The
applicant shall pay all required Building Inspection
Division fees in the amounts as adopted by resolution
of the Mayor and City Council prior to issuance of a
demolition permit. The applicant shall also pay all fees required by other governmental agencies prior to
issuance of a demolition permit.
(Ord. MC-694, passed 12-18-1989; Ord. MC-850,
passed 9-9-1992; Ord. MC-1306, passed 6-2-2009;
Ord. MC-1482, passed 4-18-2018; Ord. MC-1625,
passed 2-21-2024)
Packet Page. 1451
San Bernardino - Buildings and Construction76
Packet Page. 1452
CHAPTER 15.38: RESERVED
(Repealed by Ord. MC-880, passed 6-23-1993)
77 Packet Page. 1453
San Bernardino - Buildings and Construction78
Packet Page. 1454
CHAPTER 15.40: RESERVED
(Repealed by Ord. MC-880, passed 6-23-1993)
79 Packet Page. 1455
San Bernardino - Buildings and Construction80
Packet Page. 1456
CHAPTER 15.44: RESERVED
(Repealed by Ord. MC-880, passed 6-23-1993)
81 Packet Page. 1457
San Bernardino - Buildings and Construction82
Packet Page. 1458
CHAPTER 15.48: SWIMMING POOLS
Section
15.48.010 Public policy
15.48.020 Person defined
15.48.030 Fence required
15.48.040 Gates and doors - specifications
15.48.050 Distance between inside of pool
and rear lot line
15.48.060 Reserved
15.48.070 Soils engineering reports
15.48.080 Exemptions
15.48.090 Reserved
15.48.100 Existing pools
15.48.110 Reserved
§ 15.48.010 PUBLIC POLICY.
It is found, declared and determined that private
swimming pools shall be fenced as a precautionary
measure to prevent severe hazard to the health, safety
and welfare of the inhabitants of the city, particularly children.
(Ord. 2431, passed 4-2-1962)
§ 15.48.020 PERSON DEFINED.
For the purpose of this chapter, PERSON shall
include, but not be limited to, any individual, firm,
association, partnership, trust, corporation, political subdivision within the city or other form of
organization whether operating for profit or otherwise. (Ord. 2431, passed 4-2-1962)
§ 15.48.030 FENCE REQUIRED.
Each person in possession of land within the city,
as owner, purchaser under contract, lessee, tenant,
licensee or otherwise, upon which is situated a
swimming pool or other out-of-doors body of water or
structure designed, constructed or used, or capable of
being used, for swimming or bathing, having a depth
in excess of 18 inches, shall maintain on the premises, completely surrounding the pool or body of water, a
fence or wall not less than four feet in height. There
shall be no openings, holes or gaps in the fence or wall larger than four inches square, except that if a picket fence or other fence constructed of vertical members
is maintained, the open space between the pickets or
vertical members shall not exceed four inches
horizontally and shall be not less than 36 inches
vertically. Openings, holes or gaps shall not be
constructed or maintained in a horizontal series
constituting steps or other means of access. A dwelling house or accessory building may be used as part of the
required fence or wall.
(Ord. 2431, passed 4-2-1962; Ord. 3031, passed
12-9-1969; Ord. 3971, passed 9-24-1980)
§ 15.48.040 GATES AND DOORS -
SPECIFICATIONS.
All gates or doors opening through the required
enclosure shall be not less than four feet high. Gates or doors shall be equipped with a self-closing and
self-latching device located within three inches of the required height of fence or wall. Closing and latching
devices shall be designed to keep and capable of
keeping the door or gate securely closed at all times
when not in actual use. No gate or door across a
driveway providing access to any required parking
area may open into the area between a fence or wall
and the pool or body of water. All gates or doors
83 Packet Page. 1459
San Bernardino - Buildings and Construction84
opening through the required enclosure shall be not
less than four feet high. Gates or doors shall be
equipped with a self-closing and self-latching device
located within three inches of the required height of
fence or wall. Closing and latching devices shall be
designed to be self-closing and capable of keeping the
door or gate securely closed at all times when not in
actual use. These requirements are to include
pedestrian doors with direct access to the rear yard
from the garage. No gate or door across a driveway
providing access to any required parking area may
open into the area between a fence or wall and the
pool or body of water.
(Ord. 2431, passed 4-2-1962; Ord. 3971, passed
9-24-1980; Ord. MC-1525, passed 1-15-2020 ; Ord.
MC-1643, passed 10-2-2024)
§ 15.48.050 DISTANCE BETWEEN INSIDE OF
POOL AND REAR LOT LINE.
Any swimming pool constructed after the
effective date of the ordinance codified in this chapter shall be constructed so that there shall be at least five feet between the inside or poolside face of the
swimming pool and side or rear lot line. No
mechanical equipment shall be placed nearer than five
feet to any side lot line.
(Ord. 2431, passed 4-2-1962; Ord. 3031, passed
12-9-1969)
§ 15.48.060 RESERVED.
[Reserved]
(Ord. 2431, passed 4-2-1962; Ord. 3031, passed
12-9-1969; Ord. MC-1525, passed 1-15-2020 ; Ord.
MC-1643, passed 10-2-2024)
§ 15.48.070 SOILS ENGINEERING REPORTS.
(A) Prior to issuance of a swimming pool permit,
the Building Official may require that the swimming
pool plans shall be reviewed by an approved soils
engineer. All reports shall be subject to approval by
the Building Official, and supplemental reports and
data may be required as he or she may deem
necessary. Recommendations included in the report
and approved by the Building Official shall be
incorporated in the swimming pool plans by the
permittee.
(B) Swimming pools constructed of materials
that are subject to failure by deterioration, tears or rips shall not be so located so that a failure would possibly endanger any private property or result in the
deposition of debris on any public way.
(Ord. 2431, passed 4-2- 1962; Ord. 3031, passed
12-9-1969)
§ 15.48.080 EXEMPTIONS.
All swimming pools which are completely
contained within the walls of a building shall be
exempt from the provisions of the fencing
requirements.
(Ord. 2431, passed 4-2-1962; Ord. 3474, passed
1-22-1975)
§ 15.48.090 RESERVED.
[Reserved]
(Ord. 2431, passed 4-2-1962; Ord. MC-1027, passed
9-9-1998; Ord. MC-1525, passed 1-15-2020 ; Ord.
MC-1643, passed 10-2-2024)
§ 15.48.100 EXISTING POOLS.
Swimming pools in existence on the effective date
of the ordinance codified in this chapter shall be
fenced in accordance with the requirements of this
chapter on or before July 1, 1962.
(Ord. 2431, passed 4-2-1962)
§ 15.48.110 RESERVED.
[Reserved]
(Repealed by Ord. MC-460, passed 5-15-1985)
Packet Page. 1460
Swimming Pools 85
Packet Page. 1461
San Bernardino - Buildings and Construction86
Packet Page. 1462
CHAPTER 15.52: RESERVED
(Repealed by Ord. MC-781, passed 4-22-1991)
87 Packet Page. 1463
San Bernardino - Buildings and Construction88
Packet Page. 1464
CHAPTER 15.55: CITY ASSUMPTION OF CODE ENFORCEMENT IN MOBILE HOME PARKS (Repealed by Ord. MC-1379, passed 10-15-2012)
Statutory reference:
For provisions on mobile homes, see Cal. Health and Safety Code, §§ 18000 et seq. 89 Packet Page. 1465
San Bernardino - Buildings and Construction90
Packet Page. 1466
CHAPTER 15.56: RESERVED
(Repealed by Ord. MC-781, passed 4-22-1991)
91 Packet Page. 1467
San Bernardino - Buildings and Construction92
Packet Page. 1468
CHAPTER 15.57: CULTURAL DEVELOPMENT CONSTRUCTION TAX
Section
15.57.010 Purpose
15.57.020 Definitions
15.57.030 Cultural development
construction tax imposed
15.57.040 Time of payment
15.57.050 Tax - place of payment
15.57.060 Disposition of cultural
development construction taxes
15.57.070 Severability
§ 15.57.010 PURPOSE.
The purpose of this chapter is to provide for the
payment of a tax applicable to new construction or
reconstruction of commercial structures to provide
funds for the promotion of fine art culture and other
cultural enhancements as the Mayor and City Council
may direct. Enhancement of the cultural development
is deemed to be a public benefit to all citizens of the community.
(Ord. MC-542, passed 9-11-1986; Ord. MC-650,
passed 1-19-1989; Ord. MC-1451, passed 12-20-2017)
§ 15.57.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
COMMERCIAL STRUCTURE. Any building or
structure all or part of which contains a commercial or industrial use permitted by this code; provided,
however, COMMERCIAL STRUCTURE shall not
include any building or structure constructed or
reconstructed for the elderly and handicapped,
pursuant to this Title 15, or pursuant to Title 25 or 26 of the Cal. Code of Regulations. Any building or
structure all or part of which contains a commercial or industrial use permitted by this code; provided,
however, COMMERCIAL STRUCTURE shall not
include any building or structure constructed or
reconstructed for the elderly and handicapped,
pursuant to this Title 15, or pursuant to Title 25 or 26 of the Cal. Code of Regulations.
CONSTRUCTION COST. The total value of all
construction or reconstruction work on a commercial
structure as determined by the Director of Community
Development and Housing, pursuant to § 15.04.080,
in issuing a building permit for such construction or
reconstruction.The total value of all construction or
reconstruction work on a commercial structure as
determined by the Director of Community
Development, pursuant to § 15.04.080, in issuing a
building permit for such construction or
reconstruction.
NEW CONSTRUCTION. All new commercial
construction.All new commercial construction.
RECONSTRUCTION. Additions, alterations,
repairs or remodels made to an existing commercial
structure. RECONSTRUCTION is required to
conform to the requirements for new buildings
pursuant to the California Building Code and this Title 15 of this code. RECONSTRUCTION necessitated by
natural disaster or accidental damage shall not be
subject to this chapter; provided, however, that
damage in the normal course of business shall be
included.Additions, alterations, repairs or remodels
made to an existing commercial structure.
RECONSTRUCTION is required to conform to the
requirements for new buildings, pursuant to the
California Building Code and this Title 15.
RECONSTRUCTION necessitated by natural disaster
or accidental damage shall not be subject to this
chapter; provided, however, that damage in the normal
course of business shall be included.
93 Packet Page. 1469
San Bernardino - Buildings and Construction94
(Ord. MC-542, passed 9-11-1986; Ord. MC-650,
passed 1-19-1989; Ord. MC-768, passed 3-12-1991;
Ord. MC-1027, passed 9-9-1998; Ord. MC-1451,
passed 12-20-2017; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1625, passed 2-21-2024 ; Ord. MC-1643,
passed 10-2-2024)
§ 15.57.030 CULTURAL DEVELOPMENT
CONSTRUCTION TAX IMPOSED.
(A) A cultural development construction tax is
imposed on the privilege of new construction or
reconstruction, as defined in § 15.57.020. Such tax
shall be equal to 0.5% of the construction cost. A
cultural development construction tax is imposed on
the privilege of new construction or reconstruction, as defined in § 15.57.020. Such a tax shall be equal to
0.5% of the construction cost.
(B) Notwithstanding the foregoing provisions,
the tax shall not be imposed and charged for any
permit for which an application together with two sets
of complete plans and specifications as required by
§§ 301 and 302 of the California Building Code are
filed and approved with the city prior to September 8,
1986; provided that the applicant has paid all plan
check fees prior to that date. Notwithstanding the
foregoing provisions, the tax shall not be imposed and
charged for any permit for which an application
together with two sets of complete plans and
specifications as required by §§ 301 and 302 of the
California Building Code are filed and approved with
the city prior to September 8, 1986; provided that the
applicant has paid all plan check fees prior to that
date.
(C) No cultural development construction tax
shall be charged for the first reconstruction of any
commercial structure up to its previously existing
square footage, if the previously existing commercial
structure was voluntarily demolished by the property
owner after code enforcement has issued a notice of
violation/abatement. No cultural development
construction tax shall be charged for the first
reconstruction of any commercial structure up to its
previously existing square footage, if the previously
existing commercial structure was voluntarily
demolished by the property owner after code
enforcement has issued a notice of
violation/abatement.
(Ord. MC-542, passed 9-11-1986; Ord. MC-650,
passed 1-19-1989; Ord. MC-768, passed 3-12-1991;
Ord. MC-1175, passed 7-22-2004; Ord. MC-1451,
passed 12-20-2017; Ord. MC-1525, passed 1-15-2020;
Ord. MC-1643, passed 10-2-2024)
§ 15.57.040 TIME OF PAYMENT.
The cultural development construction tax
required in § 15.57.030 to be paid shall be due and
payable upon issuance by the city of a building permit
for the new construction or reconstruction of any
commercial structure; provided, however, that there
shall be a refund of such tax in the event that the
building permit expires, within the meaning of
§ 302(d) of the latest edition of the California Building Code adopted in the city, within 30 days after the date of such expiration, upon written application for such
refund by the person who paid such tax setting forth in full the facts showing that such permit has expired.
The full amount due under this chapter shall constitute a debt to the city. An action for the collection thereof may be commenced in the name of the city in any
court having jurisdiction of the cause. The cultural
development construction tax required in § 15.57.030
to be paid shall be due and payable upon issuance by
the city of a building permit for the new construction
or reconstruction of any commercial structure;
provided, however, that there shall be a refund of such tax in the event that the building permit expires, within the meaning of § 302(d) of the latest edition of the
California Building Code adopted in the city, within
30 days after the date of such expiration, upon written application for such refund by the person who paid
such tax setting forth in full the facts showing that
such permit has expired. The full amount due under
this chapter shall constitute a debt to the city. An
action for the collection thereof may be commenced in
the name of the city in any court having jurisdiction of the cause.
(Ord. MC-542, passed 9-11-1986; Ord. MC-650,
passed 1-19-1989; Ord. MC-1451, passed 12-20-2017;
Ord. MC-1525, passed 1-15-2020 ; Ord. MC-1643,
passed 10-2-2024)
Packet Page. 1470
Cultural Development Construction Tax 95
§ 15.57.050 TAX - PLACE OF PAYMENT.
The tax shall be paid to the Building Official of
the city, or his or her authorized agent, in the City
Department of Community Development and Housing.
(Ord. MC-542, passed 9-11-1986; Ord. MC-650,
passed 1-19-1989; Ord. MC-1027, passed 9-9-1998;
Ord. MC-1451, passed 12-20-2017; Ord. MC-1625,
passed 2-21-2024)
§ 15.57.060 DISPOSITION OF CULTURAL
DEVELOPMENT CONSTRUCTION TAXES.
The funds derived from this tax shall be placed in
the General Fund with identification as to the source,
so that the Mayor and City Council may consider
appropriate expenditures in its annual budget for
allocation to cultural development activities in the city or such other uses as the Mayor and City Council may
direct. The use of the funds shall be reviewed annually by the Mayor and City Council.
(Ord. MC-542, passed 9-11-1986; Ord. MC-650,
passed 1-19-1989; Ord. MC-1451, passed 12-20-2017)
§ 15.57.070 SEVERABILITY.
If any section, division, sentence, clause, phrase
or portion of this chapter is held invalid or
unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding
shall not affect the validity of the remaining portions of the chapter.
(Ord. MC-542, passed 9-11-1986; Ord. MC-650,
passed 1-19-1989; Ord. MC-1451, passed 12-20-2017)
Packet Page. 1471
San Bernardino - Buildings and Construction96
Packet Page. 1472
CHAPTER 15.60: RESERVED
(Repealed by Ord. MC-880, passed 6-23-1993)
97 Packet Page. 1473
San Bernardino - Buildings and Construction98
Packet Page. 1474
CHAPTER 15.64: RESERVED
(Repealed by Ord. MC-84, passed 7-21-1981)
99 Packet Page. 1475
San Bernardino - Buildings and Construction100
Packet Page. 1476
CHAPTER 15.68: WASHERS, DRYERS, EXTRACTORS AND COMPRESSORS Section
15.68.010 Purpose
15.68.020 Permit for installation - fee
15.68.030 Operation prohibited when
excessive ground vibration occurs
15.68.040 Distance of commercial laundry
compressor from other buildings
15.68.050 Requirements in addition to
building code and other laws
15.68.060 Reserved
§ 15.68.010 PURPOSE.
The purpose of this chapter is to regulate the
installation, operation and maintenance of equipment
or machinery, including, but not limited to, washers,
dryers, extractors and washer extractors of 55-pound
capacity or larger, and compressors.
(Ord. 3064, passed 4-7-1970)
§ 15.68.020 PERMIT FOR INSTALLATION -
FEE.
(A) No person, firm or corporation shall install
any equipment or machinery without first obtaining a
permit from the Department of Development Services.
The fee for such permit shall be $10. Such fee shall be in addition and supplemental to any other fee charged
for the installation of such equipment or machinery.
(B) A design drawing and calculations shall be
submitted with the application for a permit showing all information pertaining to the equipment or machinery
which is necessary for a determination of foundation
requirements in order that it may operate efficiently,
safely and with a minimum of vibration. A
requirement of installation based on the design shall be that the ground vibration inherently and recurrently
generated does not cause a displacement of the earth
greater than 0.033 of one inch as measured at any
point radially in any plane from the foundation, as
determined by the City Engineer.
(Ord. 3064, passed 4-7-1970; Ord. MC-1027, passed
9-9-1998)
§ 15.68.030 OPERATION PROHIBITED WHEN
EXCESSIVE GROUND VIBRATION OCCURS.
(A) No person shall operate any of the above
equipment or machinery which, due to faulty
installation, maintenance or operation, causes a ground vibration in excess of that described in § 15.68.020.
If, in the opinion of the City Engineer, equipment or
machinery presently in operation does cause such
excessive vibration, the Superintendent of the
Development Services Department may require the
operator to submit all the information required for an
original installation of such equipment or machinery.
(B) If such information shows to the satisfaction
of the City Engineer that the existing installation of such equipment or machinery does not meet the
required standards, changes and modifications of
installation, it shall be required to obtain compliance with the standards before the operation of the
equipment or machinery may be continued.
(Ord. 3064, passed 4-7-1970; Ord. MC-1027, passed
9-9-1998)
§ 15.68.040 DISTANCE OF COMMERCIAL
LAUNDRY COMPRESSOR FROM OTHER
BUILDINGS.
Any commercial laundry compressor maintained
outside of the commercial building on the premises
shall be at least 75 feet from any other building
occupied as a residential dwelling unless provision is
101
Packet Page. 1477
San Bernardino - Buildings and Construction102
made to completely enclose the compressor in
accordance with the minimum standards set forth in a
drawing marked “commercial laundry compressor” on
file in the Department of Development Services, City
Hall, San Bernardino, California.
(Ord. 3064, passed 4-7-1970; Ord. MC-1027, passed
9-9-1998)
§ 15.68.050 REQUIREMENTS IN ADDITION
TO BUILDING CODE AND OTHER LAWS.
The requirements of this chapter are in addition
and supplemental to any other requirements set forth
in the California Building Code or other laws. The
requirements of this chapter are in addition and
supplemental to any other requirements set forth in the California Building Code or other laws.
(Ord. 3064, passed 4-7-1970; Ord. MC-1525, passed
1-15-2020; Ord. MC-1643, passed 10-2-2024)
§ 15.68.060 RESERVED.
[Reserved]
(Repealed by Ord. MC-460, passed 5-15-1985)
Packet Page. 1478
CHAPTER 15.72: RESERVED
(Repealed by Ord. MC-781, passed 4-22-1991)
103
Packet Page. 1479
San Bernardino - Buildings and Construction104
Packet Page. 1480
CHAPTER 15.73: VERDEMONT AREA - INFRASTRUCTURE FEE
Section
15.73.010 Findings and determination
15.73.020 Rules of construction
15.73.030 Definitions
15.73.040 Persons subject to infrastructure
fee
15.73.050 Infrastructure fee
15.73.060 Time of payment
15.73.065 Deferral
15.73.070 Establishment of Infrastructure
Fee Fund
15.73.080 Use of funds
15.73.090 Refunds
15.73.100 Penalties
15.73.110 Severability
15.73.120 Other fees
§ 15.73.010 FINDINGS AND DETERMINATION.
The Mayor and Common
City Council find and
determine as follows.
(A) The city must provide for the acquisition,
construction and installation of certain right-of-way
and related infrastructure improvements (as hereinafter defined and as hereinafter referred to as the
“right-of-way improvements”) and certain other public
improvements (as hereinafter described and as
hereinafter referred to as the “public improvements”)
within the Verdemont Area of the city in order to
maintain current levels of service if new development
is to be accommodated without decreasing current
levels of service and in order to ensure that the
infrastructure system is in conformity with the
requirements of the city’s general plan.
(B) It is in the interests of the present landowners
within the Verdemont Area and the residents, both
within the Verdemont Area and within the city
generally, that the city causes the acquisition,
construction and installation of the right-of-way
improvements and the public improvements within the
Verdemont Area.
(C) The imposition of infrastructure development
fees (the “infrastructure fees”) is one of the preferred methods of ensuring that development in the
Verdemont Area bares a proportionate share of the
cost of capital facilities necessary to accommodate
such development in order to effectively provide the
quality and extent of infrastructure required within the Verdemont Area.
(D) Development within the Verdemont Area
will:
(1) Generate increased traffic volumes
necessitating the acquisition, construction and
installation of the right of-way improvements; and
(2) Create a need for the acquisition,
construction and installation of the public
improvements.
(E) Revenues generated from the levy of the
infrastructure fees will be used to facilitate the
acquisition, construction and installation of the
right-of-way improvements and the public
improvements which in turn will allow for the future
development of property within the Verdemont Area
by providing additional traffic flow capacity and other public improvements;
(F) The infrastructure fees established by
§ 15.73.050 shall be calculated pursuant to a
resolution duly adopted by the Mayor and
Common
City Council simultaneously herewith (the
“resolution”). The infrastructure fees established by
this chapter and as calculated pursuant to the
resolution are derived from, and based upon, and do
105
Packet Page. 1481
San Bernardino - Buildings and Construction106
not exceed the costs of undertaking the acquisition,
construction and installation of the right-of-way
improvements.
(G) It is anticipated that certain excess revenues
may be generated through the levy of the infrastructure fees for the acquisition, construction and installation of the right-of-way improvements, and to the extent such
revenues are generated, such revenues as are in excess
of the amount required for the acquisition,
construction and installation of the right-of-way
improvements shall be used for the purposes of
funding the acquisition, construction and installation of the public improvements, as defined in § 15.73.030;
provided, however, that if such excess revenues are
not generated, then the infrastructure fees established by § 15.73.050 and calculated pursuant to the
resolution will be increased in accordance with the
terms of the resolution or any subsequent resolution
adopted by the Mayor and the Common
City Council
of the city in order to cause the funding of the
acquisition, construction and installation of the public improvements.
(H) That certain engineers report entitled
“Engineers Report - Right-of-Way Improvements -
Verdemont Area” (the “engineers report”) sets forth
the scope and extent of the right-of-way improvements
and the public improvements required in the
Verdemont Area and sets forth a reasonable
methodology and analysis for the determination of the
impact of development on the need for, and costs of,
acquisition, construction and installation of the
right-of-way improvements and the public
improvements in the Verdemont Area.
(I) This chapter shall apply only to that area of
the city known as the Verdemont Area and is intended
to assist in the continued development of the
Verdemont Area.
(J) The purpose of this chapter is to regulate the
use and development of land so as to assure that new
development bears a proportionate share of the cost of
capital expenditures necessary to provide right-of-way
improvements and public improvements within or for
the benefit of the Verdemont Area.
(K) The city has the authority to enact this
chapter pursuant to the Cal. Gov’t Code, §§ 66000 et
seq. and the City Charter, §§ 40(z) and 40(aa)
.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.020 RULES OF CONSTRUCTION.
(A) The provisions of this chapter shall be
liberally construed so as to effectively carry out its
purpose in the interest of the public health, safety and welfare.
(B) For the purposes of administration and
enforcement of this chapter, unless otherwise stated in this chapter, the following rules of construction shall apply to the text of this chapter.
(1) In the case of any difference of meaning
or implication between the text of this chapter and any caption, illustration or summary table, the text shall
control.
(2) The word “shall” is always mandatory
and not discretionary; the word “may” is permissive.
(3) Words used in the present tense shall
include the future tense; and words used in the
singular number shall include the plural, and the plural the singular unless the context clearly indicates to the contrary.
(4) The word “person” includes an
individual, a corporation, a partnership, an
unincorporated association or any other similar entity. (5) The word “includes” shall not limit the
term to the specific example but is intended to extend
its meaning to all other instances or circumstances of
like kind or character.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.030 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
DEVELOPMENT. Every project for which
Packet Page. 1482
Verdemont Area - Infrastructure Fee 107
either:
(1) A building permit is required, except
that it shall not include those projects increasing either the size or value of a single-family residence by 25%
or less; or
(2) A permit is required in connection with
the installation of a mobile home.
ENGINEER’S REPORT. The certain engineer’s
report prepared for the Verdemont Area, dated
January 3, 1990.
EQUIVALENT DWELLING UNIT. Refers to a
numerical value designation for residentially zoned
property whereby one EQUIVALENT DWELLING
UNIT is equivalent to a residential unit whether such
residential unit is a single-family attached or detached unit, or multi-family unit within a multi-family
structure, or a mobile home. For land uses other than
residential uses, the EQUIVALENT DWELLING
UNIT shall equal the density of residential units that
could be built per acre as determined by the zoning of
the immediately adjacent or, if not immediately
adjacent, the most proximate residentially zoned
property.
FEE PAYER. A person commencing a land
development activity which generates traffic,
necessitates the construction of additional publicly
owned facilities or improvements and which requires
the issuance of a building permit or a permit for the
installation of a mobile home.
PUBLIC IMPROVEMENTS. The acquisition,
construction and installation of drainage facilities, park facilities, fire station facilities and landscaping, all as more fully described in the engineer’s report.
RIGHT-OF-WAY IMPROVEMENTS. The
acquisition, construction and installation of full width streets, including full-width paving, curbs and gutters, sidewalks, street lights, sewer mains, storm drains,
catch basins and water mains in the following locations and all as more fully described in the engineer’s
report.
Belmont Avenue
Olive to Palm (portions)
Palm to just past Little League Drive
Pine to Olive (limited portions)
Irvington
Olive to Magnolia
Pine to Olive (portions)
Little League Drive
Irvington to Verdemont
Magnolia Avenue
Verdemont Avenue to Little League Drive
Meyers Road
Little League Drive to New Section
New Section to Cable Canyon
Ohio Avenue
Cable Canyon Road
Frontage Road
Little League Drive to
Meyers Road to Frontage Road (new roadway)
Palm Avenue
Palm to city limits (Devore)
Palm to Pine (portions)
Palm to west of Little League Drive
Pine to Palm (portions)
Verdemont Avenue
Olive Avenue
Belmont to Irvington
Ohio to Belmont (portions)
Packet Page. 1483
San Bernardino - Buildings and Construction108
Verdemont Avenue to Ohio
Portions of Palm Avenue
Between Kendall Drive and Verdemont Avenue, which
portions are immediately adjacent to undeveloped
projects
Walnut Avenue
Belmont to Ohio (portions)
Irvington to Belmont
VERDEMONT AREA. The area of the City of
San Bernardino, delineated by the Verdemont Area
Plan, adopted by the Mayor and Common
City Council
on November 17, 1986, excepting therefrom that area
southwesterly of Kendall Drive, from the southerly
boundary of the Verdemont Area Plan to Palm Avenue
and portions north of Kendall Drive and southeasterly
of Pine as shown in the engineer’s report, and
southwesterly of Route I-215 Freeway, from Palm
Avenue to the northerly boundary of the Verdemont
Area plan and as more fully described in the
engineer’s report.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.040 PERSONS SUBJECT TO
INFRASTRUCTURE FEE.
Any person who seeks to develop land within the
Verdemont Area by applying for a building permit, an
extension of a building permit, a permit for a mobile
home installation or an extension of a permit for
mobile home installation to make improvements to
land which will generate additional traffic or increase the need for public facilities is required to pay an
infrastructure fee in the manner set forth in this
chapter.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.050 INFRASTRUCTURE FEE.
(A) The infrastructure fee for any given parcel of
property shall be determined by ascertaining the land
use category of the parcel and multiplying the amount
of the infrastructure fee by the number of equivalent
dwelling units allocated to such land use category. The initial amount of the infrastructure fee shall be set by the resolution, and may be subject to increase pursuant to the terms of any subsequent resolutions to be
adopted by the Mayor and Common
City Council,
which resolutions shall provide for increases to the
infrastructure fee in order to cover any administrative and carrying costs incurred in connection with the
issuance of bonds required in order to finance the
acquisition, construction and installation of all or any portion of the right-of-way improvements and/or the
public improvements.
(B) It is anticipated that there may be certain
excess revenues generated in connection with the levy
of the infrastructure fee in the initial dollar amounts and to the extent any such excess revenues do exist,
said excess revenues will be applied to fund the costs
of the acquisition, construction and installation of the public improvements. To the extent said excess
revenues do not exist, the infrastructure fee in the
dollar amount, as initially established, may be subject to additional increases by subsequent resolutions of the Mayor and Common
City Council in order to cause the
funding of the acquisition, construction and installation of the public improvements.
(C) The above-referenced subsequent resolutions
and the dollar amount of the infrastructure fee initially established pursuant to this chapter and the resolution shall be reviewed and amended at least annually, or
Packet Page. 1484
Verdemont Area - Infrastructure Fee 109
more often as may be necessary under the
circumstances to reflect any increases in costs.
(1) For applications for an extension of a
building permit or an extension of a permit for mobile
home installation, the amount of the fee is the
difference between the fee then applicable and any
amounts previously paid in connection with the
application for the initial permit.
(2) In the case of change of use,
rehabilitation, expansion or modification of an existing use which requires the issuance of a building permit or permit for mobile home installation, the infrastructure fee shall be based upon the net positive increase in the demands placed upon the right-of-way improvements
and the public improvements by the new or expanded
use compared to the previous use or level of use.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.060 TIME OF PAYMENT.
(A) (1) Except as may otherwise be provided in
division (B) below, each applicant for a commercial or
industrial building permit shall pay to the city the then applicable infrastructure fe e, as initially established pursuant to this chapter a nd adjusted pursuant to any
subsequent resolutions of the city as more fully
described in § 15.73.050, upon the submission to the
city of an application for a commercial or industrial
building permit, which application is complete and in
a form acceptable to the city. Each applicant for a
residential building permit who submits an application, which application is complete and in the form
acceptable to the city, shall pay to the city the then
applicable infrastructure fe e, as initially established pursuant to this chapter and adjusted pursuant to any
subsequent resolutions of the city as more fully
described in § 15.73.050, for all residential units
subject to a building permit upon the earlier of the
following dates:
(a) Upon the date of final inspection of
the first dwelling unit completed in the residential
development to which the building permit is
applicable; or
(b) Upon the date a certificate of
occupancy is issued for the first dwelling unit
completed in the residential development to which the
building permit is applicable.
(2) In the event the city accepts any
payment of infrastructure fees in connection with the
submission of a building permit application, which
application is incomplete or not in a form satisfactory to the city, all payments made in connection with such
application shall be returned to the applicant and such applicant shall be required to submit a complete and
acceptable application, and, at the time of such
submission, shall pay any then applicable
infrastructure fees. Notwithstanding any provision
herein to the contrary, the city, by official action of the Mayor and Common
City Council, may require the
payment of applicable infrastructure fees for
residential units prior to the approval of a final tract or parcel map applicable to residential development if one of the following conditions are met:
(a) The City Director of Development
Services has determined that the applicable
infrastructure fee will be collected from the subdivider for public improvements or facilities for which an
account has been established and funds have been
appropriated, and for which the city has adopted a
proposed construction schedule or plan; or
(b) The applicable infrastructure fee
will reimburse the city for expenditures previously
made by the city. All applicants for permits for the
installation of mobile homes will be subject to the
procedures applicable to residential developments set
forth hereinabove.
(B) Any person or entity who would otherwise
be required to pay the infrastructure fee, pursuant to
division (A) above, may receive as a credit towards
the infrastructure fee attributable to such person or
entity, all or a portion of the costs of any right-of-way
Packet Page. 1485
San Bernardino - Buildings and Construction110
improvements or public improvements that may be or
may have been acquired, constructed or installed by
such an entity.
(C) All funds collected shall be promptly
identified as right-of-way/public improvement
infrastructure fees and promptly transferred for deposit in the appropriate Right-of-Way/Public Improvement
Infrastructure Fee Fund to be held in a separate
account and, together with interest earnings thereon,
used solely for the purposes specified in this chapter. (D) Notwithstanding anything in this section to
the contrary, for any subdivision for which a final map has been approved prior to the effective date of this
chapter, the fee established pursuant to § 15.73.050
may be paid at the close of escrow on each individual
lot, unless a later time is allowed by this chapter.
(Ord. MC-707, passed 3-19-1990; Ord. MC-755,
passed 11-21-1990; Ord. MC-1027, passed 9-9-1998)
§ 15.73.065 DEFERRAL.
For the construction of new single-family homes,
the fees imposed by § 15.73.060 may be deferred at
the request of the owner of the property until the
release of utilities is issued or 18 months from the
issuance of the building permit, whichever is less. The owner of the property must personally guarantee
payment of the fees, sign documents authorizing the
city to place a lien on the property in the amount of the fees, agree to place the payment of the fees in any
escrow for the sale of the property, authorize the city to demand payment in any such escrow and pay an
administrative fee set by resolution of the Mayor and
Common
City Council. The amount of the fees due
shall be the amount in effect at the time of collection of the fees. In no event shall utilities be released until the fees are paid, except that electrical service may be released at the discretion of the Building Official
where necessary for security or maintenance purposes.
(Ord. MC-961, passed 3-20-1996; Ord. MC-1011,
passed 12-16-1997; Ord. MC-1044, passed 4-7-1999;
Ord. MC-1045, passed 4-20-1999)
§ 15.73.070 ESTABLISHMENT OF
INFRASTRUCTURE FEE FUND.
There is established a Right-of-Way/Public
Improvement Infrastructure Fee Fund. The funds
withdrawn from this account must be used in
accordance with the provisions of § 15.73.080.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.080 USE OF FUNDS.
(A) Funds collected from the infrastructure fees
shall be used for the purpose of causing the
acquisition, construction and installation of the
right-of-way improvements and/or public
improvements within the Verdemont Area, as more
specifically described in the engineer’s report.
(B) No funds collected pursuant to this chapter
shall be used for periodic or routine maintenance.
(C) Funds may also be used to pay debt service
on bonds or similar debt instruments issued in order to provide financing for the acquisition, construction and installation of the right-of-way improvements and/or
the public improvements for which the infrastructure
fee may be expended.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.090 REFUNDS.
Any funds not expended or encumbered by the
end of the calendar quarter immediately following six
Packet Page. 1486
Verdemont Area - Infrastructure Fee 111
years from the date the in frastructure fee was paid
shall, upon application of the then current landowner,
be returned to such landowner with accrued interest
thereon; provided the landowner submits an
application for refund to the City Finance Officer
within 180 days of the expiration of the six-year
period.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.100 PENALTIES.
A violation of this chapter shall be prosecuted in
the same manner as misdemeanors are prosecuted and,
upon conviction, the violator shall be punishable
according to law; however, in addition to or in lieu of any criminal prosecution, the city shall have the power to sue in civil court to en force the provisions of this chapter.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.110 SEVERABILITY.
If any section, phrase, sentence or portion of this
chapter is for any reason held invalid or
unconstitutional by any court of competent
jurisdiction, such portion or portions hereof shall be
deemed to be a separate, distinct and independent
provision, and such holding shall not affect the validity of the remaining portions hereof.
(Ord. MC-707, passed 3-19-1990)
§ 15.73.120 OTHER FEES.
(A) Notwithstanding the payment of
infrastructure fees as set forth in this chapter, any
developer or fee payer shall be responsible for the
payment of any applicable installation fees, sewer
connection fees, water acquisition charges or other
fees or charges levied by the city and all other public bodies in connection with the development of property
with the Verdemont Area, and such developer or fee
payer shall either:
(1) Provide for the acquisition, construction
and installation of any and all other public
improvements required by the city of such developer
or fee payer as a condition to approval of any
development which are in addition to both:
(a) The right-of-way improvements to
be funded by the infrastructure fees as established by
this chapter in the initial dollar amount; and
(b) The public improvements to be
funded by subsequent increases to the infrastructure
fees or as established by this chapter in the initial
dollar amount.
(2) Pay any other on- or off-site
improvement fees, assessments or special taxes as may
be levied by the city as a condition to the approval of any development in lieu of the actual acquisition,
construction or installation of public improvements as
set forth in division (A)(1) above.
(B) Unless a developer or fee payer has provided
for the payment of infrastructure fees in an amount to
provide for the acquisition, construction and
installation of the right-of-way improvements and the
public improvements, plus any financing costs, if
applicable, or has constructed a proportionate share of the right-of-way improvements and the public
improvements, such developer or fee payer shall not
be relieved from the obligation to participate in any
benefit assessment district or special tax district
established for the purpose of funding that portion of
the right-of-way improvements and/or the public
improvements not covered by the infrastructure fees as
may have been previously paid by a developer or fee
payer.
(Ord. MC-707, passed 3-19-1990)
Packet Page. 1487
San Bernardino - Buildings and Construction112
Packet Page. 1488
CHAPTER 15.74: VIOLATION - PENALTY
Section
15.74.010 Violation - penalty
§ 15.74.010 VIOLATION - PENALTY.
(A) Any person, firm or corporation, whether as
a principal, agent, employee or otherwise, who erects,
constructs, enlarges, alters, repairs, moves, improves, removes, converts or demolishes a building or a
structure for which a building permit is required by
this title and the adopted codes, and for which a permit has not been obtained from the Building Official, or
otherwise violates any provision of the adopted codes,
or this title, shall be guilty of either an infraction or a misdemeanor. Any person, firm or corporation,
whether as a principal, agent, employee or otherwise,
violating, or causing the violation of, any provision of the Fire Code is guilty of a misdemeanor, which, upon
conviction thereof, is punishable in accordance with
the provisions of § 1.12.010.
(B) Each day during any part of which the
activity prohibited by division (A) above continues, or a violation of the adopted codes continues to exist,
shall be a separate and distinct offense. The imposition of any penalty for any violation of this title shall not excuse the violation or permit it to be continued, and
all persons shall be required to correct or remedy all
such violations or defects within a reasonable time.
The application of any penalty shall not be held to
prevent the enforced removal of prohibited conditions.
(Ord. MC-460, passed 5-15-1985; Ord. MC-728,
passed 5-8-1990; Ord. MC-1261, passed 12-4-2007;
Ord. MC-1262, passed 12-18-2007)
113
Packet Page. 1489
San Bernardino - Buildings and Construction114
Packet Page. 1490
TITLE 16: SIGNS
Chapter
16.04. RESERVED
16.08. RESERVED
16.12. POLITICAL SIGNS
16.16. STREET BANNER PERMIT
16.18. UNAUTHORIZED SIGNS ON PUBLIC PROPERTY
Cross-reference:
For additional sign provisions in this code, see Chapter 19.60.
Statutory reference:
For provisions on local regulation of signs, see Cal. Gov’t Code, §§ 38744 38774 and 65850 and Cal.
Business
and Professions Code, §§ 5229 et seq.
1 Packet Page. 1491
San Bernardino - Signs2
Packet Page. 1492
CHAPTER 16.04: RESERVED
(Repealed by Ord. MC-92, passed 8-18-1981)
3 Packet Page. 1493
San Bernardino - Signs4
Packet Page. 1494
CHAPTER 16.08: RESERVED
(Repealed by Ord. MC-92, passed 8-18-1981)
5 Packet Page. 1495
San Bernardino - Signs6
Packet Page. 1496
CHAPTER 16.12: POLITICAL SIGNS
(Repealed by Ord. MC-1416, passed 8-17-2015)
7 Packet Page. 1497
San Bernardino - Signs8
Packet Page. 1498
CHAPTER 16.16: STREET BANNER PERMIT
Section
16.16.010 Filing of application
16.16.020 Granting of permits
16.16.030 Duration of permit
16.16.040 Deposit
16.16.050 Erection and removal of street
banner
16.16.060 Standard specifications
16.16.070 Appeal
§ 16.16.010 FILING OF APPLICATION.
(A) A STREET BANNER is defined as a banner
extended over a public street or other public property, either on an established bridge or independently
suspended. The locations permissible for the erection
of street banners within the city are:
(1) The “E” Street pedestrian foot bridge
between the Maruko [Radisson] Hotel and Convention
Center and Central City Mall. The banner will be
installed on hand rails on the south side of the bridge, facing northbound traffic; and
(2) On “E” Street, immediately north of
Church Street. The banner will be installed between
streetlight standards, facing northbound traffic;
requests for street banner installation at any other
location within the city over a public street will require approval of the City Administrator.
(B) An applicant for a street banner permit shall
obtain, complete and file with the City Administrator
an application which shall contain the following:
(1) The location, dimensions and purpose of
the banner;
(2) A facsimile of the proposed banner;
(3) The proposed date when the banner will
be installed, which must be at least ten days after the date of the application;
(4) The proposed date when the banner will
be removed; and
(5) A hold harmless clause in language
approved by the City Attorney.
(Ord. 821, passed 8-9-1921; Ord. 2802, passed
3-14-1967; Ord. 3804, passed 2-8-1979; Ord.
MC-689, passed 12-8-1989)
§ 16.16.020 GRANTING OF PERMITS.
Permits for street banners issued under this
chapter shall be granted only to non-profit civic
organizations or governmental bodies for the purpose
of bringing to the attention of the public the events
which are of a general public interest, or of welcoming conventions or similar gatherings and shall be subject
to such terms and conditions as shall be reasonably
imposed. No permits shall be issued to further political or religious purposes, or purposes primarily involving
private financial gain. Nothing in this chapter shall be construed to prohibit the issuance of a permit for a
9 Packet Page. 1499
San Bernardino - Signs10
street banner welcoming the convention or similar
gathering of a private, religious or political
organization.
(Ord. 821, passed 8-9-1921; Ord. 2802, passed
3-14-1967; Ord. 3804, passed 2-8-1979; Ord.
MC-689, passed 12-8-1989)
§ 16.16.030 DURATION OF PERMIT.
Permits for street banners shall be granted for a
period of not more than seven days unless a longer
period is specifically requested and justified due to
special or extraordinary circumstances.
(Ord. 821, passed 8-9-1921; Ord. 2802, passed
3-14-1967; Ord. MC-689, passed 12-8-1989)
§ 16.16.040 DEPOSIT.
Each applicant shall make a deposit of money
with the city, in an amount specified by resolution, to cover the costs of permit issuance and the cost of
erection and removal of each banner where required
by this chapter.
(Ord. 821, passed 8-9-1921; Ord. 2802, passed
3-14-1967; Ord. 3804, passed 2-8-1979; Ord.
MC-144, passed 3-16-1982; Ord. MC-427, passed
1-25-1985; Ord. MC-689, passed 12-8-1989)
§ 16.16.050 ERECTION AND REMOVAL OF
STREET BANNER.
Each such banner shall be furnished by the
applicant at its cost, at least one day prior to the date the banners to be erected. Each street banner shall be
erected and removed by the city.
(Ord. 821, passed 8-9-1921; Ord. 2802, passed
3-14-1967; Ord. MC-427, passed 1-25-1985; Ord.
MC-689, passed 12-8-1989)
§ 16.16.060 STANDARD SPECIFICATIONS.
Each banner shall be constructed in conformity
with the specifications and requirements of the city, as adopted, from time to time, by resolution.
(Ord. MC-689, passed 12-8-1989)
§ 16.16.070 APPEAL.
An applicant may appeal to the Common
City
Council from the denial of a permit or from the terms
and conditions of a permit. Such appeal shall be in
accordance with the provisions of Chapter 2.64.
(Ord. 821, passed 8-9-1921; Ord. 3804, passed
2-8-1979; Ord. MC-410, passed 9-17-1984; Ord.
MC-689, passed 12-8-1989)
Packet Page. 1500
CHAPTER 16.18: UNAUTHORIZED SIGNS ON PUBLIC PROPERTY
Section
16.18.010 Definitions
16.18.020 Prohibitions
16.18.030 Abatement
16.18.040 Cost of removal
16.18.050 Collection of costs
16.18.060 Violation - penalty
16.18.070 Appeal
Editor’s note:
Ord. MC-1343, passed 12-20-2010 contains
“16.18.070 Appeal” in the table of contents, but
does not have any text for that section.
This chapter is added by Ord. MC-1343,
passed 12-20-2010.
§ 16.18.010 DEFINITIONS.
For the purpose of this chapter only, unless
otherwise apparent from context, words and phrases
used in this chapter shall have the meanings
hereinafter designated. The definitions in this chapter are included for reference purposes only and are not
intended to narrow the scope of definitions set forth in federal, state or other applicable laws or regulations.
Words used in this chapter in the singular may include
the plural and the plural may include the singular. Use of the masculine shall also mean feminine and neuter.
CODE. The San Bernardino Municipal Code.
DEVELOPMENT CODE. Title 19 of the San
Bernardino Municipal Code.
DIRECTOR. The Director of Community
Development and Housing, or his or her designee.
RESPONSIBLE PARTY. The person liable for
placement of a sign. The following is a non-exclusive
list of facts, which, when found to exist, shall
constitute prima facie evidence that a person is a
RESPONSIBLE PARTY:
(1) Based on information contained on the
sign, and information from other sources, the person
is identified as the owner or lessee of property used
for the activity or event, and/or is the sponsor or
promoter of the activity or event described on the sign; and
(2) Based on information that appears on
the sign, and information from other sources,
including, but not limited to, information establishing the individual or corporate identity of the owner of the sign, it is found that the person placed the sign or
caused the sign to be placed.
SIGN. Any notice, writing of letters, words or
numerals, pictorial presentation, illustrations or
decorations, emblems or devices, symbols or
trademarks, flags, banners or pennants, graphic
announcement, posters, pictures or any item used to
convey any message or idea.
(Ord. MC-1343, passed 12-20-2010; Ord. MC-1625,
passed 2-21-2024)
§ 16.18.020 PROHIBITIONS.
No person shall place, affix, erect, extend,
project over, suspend or maintain, or cause to be
11 Packet Page. 1501
San Bernardino - Signs12
placed, affixed, erected, extended, suspended or
maintained, any unauthorized sign in, over or on
public property, public utility poles, light poles, public rights-of-way, trees in the public right-of-way or on
publicly owned or maintained land unless:
(1) The prior approval by the owner of the
public property for placement of the sign appears on
the sign or has otherwise been provided to the city, in writing, prior to such placement;
(2) (a) The public property is a traditional
public forum, such as the park or the sidewalk, and the sign is held or personally attended to by one or more
persons.
(b) PERSONALLY ATTENDED
means that the person is in such control of the sign as to prevent the infliction of damage upon the sign or the infliction of physical damage by the sign.
(3) Placement is otherwise permitted by the
Development Code or other applicable law of the city.
(Ord. MC-1343, passed 12-20-2010)
§ 16.18.030 ABATEMENT.
A violation of this chapter shall constitute a public
nuisance. The Director is authorized to proceed with
the summary abatement of such public nuisance by
causing the sign to be removed and destroyed without
prior notice to the responsible party. If the responsible party can be identified and located, any sign so
removed may be stored by the Director pending any
action to recover the city’s costs of removal.
(Ord. MC-1343, passed 12-20-2010)
§ 16.18.040 COST OF REMOVAL.
The costs of the removal of any sign by city
employees and/or city contractors pursuant to this
chapter shall be borne by the responsible party. The
costs of removal shall be established by separate
resolution of the Mayor and Common
City Council.
(Ord. MC-1343, passed 12-20-2010)
§ 16.18.050 COLLECTION OF COSTS.
Unpaid costs of removal shall be a debt to the city
and subject to all remedies for debt collection as
allowed by law.
(Ord. MC-1343, passed 12-20-2010)
§ 16.18.060 VIOLATION - PENALTY.
(A) A violation of this chapter may be enforced
or punished in any manner prescribed by law or
through any other process or procedure established or
allowed by this code or applicable law.
(B) It shall not be a defense to a violation of this
chapter that the responsible party was unaware that the property on which the sign was posted is public
property.
(Ord. MC-1343, passed 12-20-2010)
§ 16.18.070 APPEAL.
[Reserved]
(Ord. MC-1343, passed 12-20-2010)
Packet Page. 1502
TITLE 17: ENVIRONMENTAL PROTECTION
Chapter
17.04. RESERVED
17.05. HAZARDOUS WASTE MANAGEMENT PLAN
17.06. WATER WISE LANDSCAPE PROGRAM
17.07. WATER EFFICIENT LANDSCAPE ORDINANCE
17.08. MOBILE SOURCE AIR POLLUTION ORDINANCE
1 Packet Page. 1503
San Bernardino - Environmental Protection2
Packet Page. 1504
CHAPTER 17.04: RESERVED
(Repealed by Ord. MC-781, passed 4-22-1991)
3 Packet Page. 1505
San Bernardino - Environmental Protection4
Packet Page. 1506
CHAPTER 17.05: HAZARDOUS WASTE MANAGEMENT PLAN
Section
17.05.010 Applicability
17.05.020 Hazardous waste facility defined
§ 17.05.010 APPLICABILITY.
Any application for a zoning amendment,
subdivision, conditional use permit or variance for a
hazardous waste facility shall comply with Chapter 5
of the County Hazardous Waste Management Plan,
entitled “Siting of Specified Hazardous Waste
Facilities” attached as Attachment “1” and
incorporated herein by reference, in addition to
complying with all other applicable city ordinances.
(Ord. MC-766, passed 12-17-1990)
§ 17.05.020 HAZARDOUS WASTE FACILITY
DEFINED.
HAZARDOUS WASTE FACILITY, as defined in
Cal. Health and Safety Code, § 25117.1, means all
contiguous land and structures, other appurtenances
and improvements on the land used for the treatment,
transfer, storage, resource recovery, disposal or
recycling of hazardous waste. A HAZARDOUS
WASTE FACILITY may consist of one or more
treatment, transfer, storage, resource recovery,
disposal or recycling hazardous waste management
units, or combinations of these units.
(Ord. MC-766, passed 12-17-1990)
5 Packet Page. 1507
San Bernardino - Environmental Protection6
Packet Page. 1508
CHAPTER 17.06: WATER WISE LANDSCAPE PROGRAM
Section
17.06.010 Purpose and intent
17.06.020 Definitions
17.06.030 Applicability
17.06.040 Water wise landscape program
17.06.050 Administration
17.06.060 Program requirements
17.06.070 Action on application
17.06.080 Temporary limited exemption
from specified code provisions
17.06.090 Fire hazard prohibited
17.06.100 Yard sign
17.06.110 Certificate of completion
17.06.120 Failure to timely complete
installation
17.06.130 Withdrawal from program
17.06.140 False statement in required
documents
17.06.150 Severability
17.06.160 CEQA exemption
§ 17.06.010 PURPOSE AND INTENT.
(A) The purpose of this chapter is to encourage
water conservation in the city by facilitating the
voluntary conversion of existing residential
landscaping to less water-intensive landscaping. The
provisions contained in this chapter are intended to
permit property owners to retire existing vegetation by temporary non-irrigation of their property, without
being subject to provisions of this code that otherwise would effectively preclude this practice.
(B) Except as specifically stated in this chapter,
nothing in this chapter shall be construed to exempt
any person or property from any otherwise applicable
provision of this code.
§ 17.06.020 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
AGREEMENT. The water wise landscape
agreement described in this chapter.
CITY. The City of San Bernardino.
CODE. The Municipal Code of the City of San
Bernardino.
DEPARTMENT. The Development Services
Department of the City of San Bernardino.
DIRECTOR. The Director of Development
Services of the City of San Bernardino, or his or her
designee.
GUIDELINES. The Water Wise Landscape
Guidelines developed by the Water Resources
Institute, California State University, San Bernardino.
PERMIT. The water wise landscaping permit
described in this chapter.
PROGRAM or WATER WISE LANDSCAPE
PROGRAM. The City of San Bernardino’s water wise
landscape program described in this chapter.
WATER WISE LANDSCAPE. A landscape that
uses drought tolerant, California friendly landscaping
in lieu of large turf areas and that uses efficient
irrigation.
7 Packet Page. 1509
San Bernardino - Environmental Protection8
§ 17.06.030 APPLICABILITY.
This chapter shall apply to single-family
residential properties in the city.
§ 17.06.040 WATER WISE LANDSCAPE
PROGRAM.
There is established the city water wise landscape
program.
§ 17.06.050 ADMINISTRATION.
The program shall be administered by the
Director through the Department.
§ 17.06.060 PROGRAM REQUIREMENTS.
To participate in the program, a property owner
must:
(A) Own a single-family residential property in
the city with existing landscaping, and occupy the
property continuously for the entire period of time that the property is subject to the program;
(B) Have the desire and the ability to convert the
existing landscaping on the property to less
water-intensive landscaping;
(C) (1) Sign and submit to the Department a
properly completed application for participation in the program, in a form prescribed by the Department for
that purpose; and
(2) The application must accurately set
forth:
(a) The street address and Assessor’s
Parcel Number of the property;
(b) A description of the landscaping
that is to be retired and replaced;
(c) 1. A description of the water
wise landscape that is to be installed; and
2. The landscape must conform
to the guidelines, as follows.
a. The landscape shall
consist of water-efficient, drought tolerant and native plant material, and may include ground covers, small
plants, shrubs and appropriate trees. Buffer areas and
bioswales may be included and may be designed with
rocks, cobble or decomposed granite, landscaped
shrubs or accents or suitable ground cover.
b. All planted areas must be
a minimum of one-inch below adjacent hardscapes
(sidewalks and driveways) to eliminate runoff and
overflow of irrigation water.
c. Mounded or sloped
planting areas that would contribute to runoff of
irrigation water onto non-irrigated areas, walks,
roadways or structures must be avoided.
d. Any turf areas shall be set
back at least 24 inches from curbs, driveways,
sidewalks or any other area that may result in runoff
of irrigation water onto streets.
e. Plants having similar
water requirements should be grouped together in
hydrozones so that watering can be done efficiently.
f. Annual color plantings
should be used only in areas of high visibility where
they can be seen and appreciated. Otherwise, perennial
plantings should be the primary source of color.
g. Landscaping must not
obstruct or interfere with street signs, lights or
visibility on roads or walkways.
(d) The date on which the installation
of the replacement landscaping will begin, which shall
not be later than 12 months from the date of submittal
of the application; and
(e) The date on which the installation
of the replacement landscaping will be completed,
which must not be later than the next May 31
Packet Page. 1510
Water Wise Landscape Program 9
immediately following the date on which the
installation is to begin.
(D) Sign and submit to the Department a
properly completed water wise landscape agreement.
The agreement shall require that the participant agree
to maintain the replacement landscaping to ensure
water efficiency.
§ 17.06.070 ACTION ON APPLICATION.
(A) After a properly completed application has
been submitted, the Director shall review the
application and shall verify that the proposed project
will comply with all applicable requirements of this
code. Upon making this verification, the Director shall approve the application and shall issue to the applicant a water wise landscaping permit in a form prescribed
by the Department.
(B) If, in the judgment of the Director, the
project will not comply with one or more applicable
requirements of this code, the Director shall specify
the requirement(s) with which the project will not
comply and shall deny the application.
§ 17.06.080 TEMPORARY LIMITED
EXEMPTION FROM SPECIFIED CODE
PROVISIONS.
(A) From the date on which an application is
approved by the Director until the date on which the
installation of the replacement landscaping will begin, as stated in the application, the property owner shall
not be subject to citation by any city officer for
violation of the following provisions of this code, in
the following respects only:
(1) Section 8.27.010(A), with respect to the
prohibition on dry vegetation;
(2) Section 8.27.010(B), with respect to the
prohibition on dry grass and stubble;
(3) Section 8.30.010(D), with respect to the
prohibition on vegetation constituting an unsightly
appearance. This temporary exemption shall apply
only to vegetation that is unsightly due to lack of
irrigation;
(4) Section 15.24.040(A)(2), with respect
to the requirement that planted vegetation be regularly irrigated; and
(5) Section 15.24.040(A)(2), with respect
to the prohibition on dead vegetation.
(B) The exemptions provided for in this section
shall apply only to the portion of the property that is to be re-landscaped pursuant to the program. The
property owner must maintain the remaining portion of
the property in compliance with all applicable
provisions of this code at all times.
Editor’s note:
Ord. MC-1418, passed 11-5-2015 deleted
Chapter 8.27 and directed that references to it
be directed to Chapter 8.30 and also amended
Chapter 8.30; specific divisions referenced
may either no longer exist or no longer work as
specific references although the content may still
be found elsewhere in Chapter 8.30 as a whole.
§ 17.06.090 FIRE HAZARD PROHIBITED.
Notwithstanding any other provision of this
chapter, no property shall, at any time, be maintained
in such a manner as to constitute a fire hazard.
§ 17.06.100 YARD SIGN.
(A) Each participant in the program shall obtain
from the Department and prominently display on the
property subject to the program a yard sign indicating
that the property is subject to the program, for the
purpose of informing city officers that the property is subject to the exemptions provided for in this chapter. (B) The yard sign shall be displayed, at all times,
during which the property is subject to the exemptions
provided for in this chapter.
(C) It shall be the responsibility of the program
participant to promptly replace a sign that is lost or
stolen.
Packet Page. 1511
San Bernardino - Environmental Protection10
(D) Knowingly displaying a sign issued by the
Department, pursuant to this section, on property that
is not covered by a properly issued water wise
landscaping permit is a violation of this code. Any
person who violates or causes the violation of this
provision is guilty of a misdemeanor, and, upon
conviction, may be punished in accordance with
§ 1.12.010.
§ 17.06.110 CERTIFICATE OF COMPLETION.
Upon the completion of the installation of
replacement landscaping, pursuant to the program, the
owner of the property must sign and submit to the
Department a properly completed certificate of
completion in a form prescribed by the Department,
attesting that the landscaping has been installed in
compliance with the approved program application.
The certificate of completion must be accompanied by
full-color photographs taken from the front perimeter
of the property sufficient to illustrate that a water wise landscape has been completed.
§ 17.06.120 FAILURE TO TIMELY
COMPLETE INSTALLATION.
A property owner who fails to complete
installation of replacement landscaping, pursuant to
this chapter, by the next May 31, immediately
following the date on which the installation begins,
forfeits the exemptions provided for in § 17.06.080
and any other benefits to which program participants
are entitled under this chapter.
§ 17.06.130 WITHDRAWAL FROM
PROGRAM.
A property owner who obtains a permit but later
elects not to continue participation in the program may withdraw from the program by notifying the Director,
in writing, of the election to withdraw and paying a
withdrawal fee of $100 for each month the permit was
in effect, prorated day-by-day for partial months.
§ 17.06.140 FALSE STATEMENT IN
REQUIRED DOCUMENTS.
Making a knowingly false statement in any of the
documents required for participation in the program is
a violation of this code. Any person who violates or
causes the violation of this provision is guilty of a
misdemeanor, and, upon conviction, may be punished
in accordance with § 1.12.010.
§ 17.06.150 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, which shall continue
in full force and effect.
§ 17.06.160 CEQA EXEMPTION.
The adoption of this chapter is exempt from the
provisions of the California Environmental Quality
Act, pursuant to § 15061(b)(3) of the Guidelines for
Implementation of the California Environmental
Quality Act (Title 14, Cal. Code of Regulations,
commencing with § 15000), as it can be seen with
certainty that there is no possibility that the activity permitted by this chapter may have a significant effect on the environment.
(Ord. MC-1311, passed 8-18-2009)
Statutory reference:
California Environmental Quality Act, see Cal.
Public Resources Code, §§ 21000 et seq.
Packet Page. 1512
Water Wise Landscape Program 11
Packet Page. 1513
San Bernardino - Environmental Protection12
Packet Page. 1514
CHAPTER 17.07: WATER EFFICIENT LANDSCAPE ORDINANCE
(Repealed by Ord. MC-1368, passed 1-9-2012)
13 Packet Page. 1515
San Bernardino - Environmental Protection14
Packet Page. 1516
CHAPTER 17.08: MOBILE SOURCE AIR POLLUTION ORDINANCE
Section
17.08.010 Title
17.08.020 Findings
17.08.030 Intent
17.08.040 Definitions
17.08.050 Administration of vehicle
registration fee
17.08.060 Liberal construction
§ 17.08.010 TITLE.
This chapter may be referred to as the “Mobile
Source Air Pollution Ordinance.”
(Ord. MC-784, passed 5-7-1991)
§ 17.08.020 FINDINGS.
(A) The city finds and declares that the following
apply.
(1) The city is committed to improving the
public health, safety and welfare, including air quality. (2) Mobile sources are a major contributor
to air pollution in the South Coast Air Basin.
(3) Air quality goals for the region
established by state law cannot be met without
reducing air pollution from mobile sources.
(4) The South Coast Air Quality
Management Plan (“AQMP”) calls upon cities and
counties to reduce emissions from motor vehicles
consistent with the requirements of the California
Clean Air Act of 1988 by developing and
implementing mobile source air pollution reduction
programs.
(5) To the extent that such programs place
demands upon the city’s funds, those programs should
be financed by shifting the responsibility for financing from the General Fund to the motor vehicles creating
the demand, to the greatest extent possible.
(6) Cal. Health and Safety Code, § 44223,
added by action of the California Legislature on
September 30, 1990, (Stats. 1990, Ch. 1705),
authorizes the South Coast Air Quality Management
District (“SCAQMD”) to impose an additional motor
vehicle registration fee of $2, commencing on April 1,
1991, increasing to $4, commencing on April 1, 1992,
to finance the implementation of transportation
measures embodied in the AQMP and provisions of
the California Clean Air Act.
(7) Forty cents of every dollar collected
under the Cal. Health and Safety Code, § 44223 shall
be distributed to cities and counties located in the
South Coast Air Quality Management District that
comply with the Cal. Health and Safety Code,
§ 44243, based on the jurisdiction’s prorated share of
population as defined by the State Department of
Finance.
(8) The city is located within the South
Coast Air Quality Management District and is eligible
to receive a portion of revenues from the motor
vehicle registration fees upon adoption of this chapter. (9) The city, after careful consideration,
finds and declares that the imposition of the motor
vehicle registration fee by the SCAQMD to finance
mobile source air pollution reduction programs is in
the best interest of the general welfare of the city and its residents.
(B) Therefore, the city deems it advisable to
adopt this chapter.
(Ord. MC-784, passed 5-7-1991)
15 Packet Page. 1517
San Bernardino - Environmental Protection16
Statutory reference:
California Clean Air Act of 1988, see Cal.
Stats. of 1988, AB 2595
§ 17.08.030 INTENT.
This chapter is intended to support the
SCAQMD’s imposition of the vehicle registration fee
and to bring the city in to compliance with the
requirements set forth in the Cal. Health and Safety
Code, § 44243 in order to receive fee revenues for the
purpose of implementing programs to reduce air
pollution from motor vehicles.
(Ord. MC-784, passed 5-7-1991)
§ 17.08.040 DEFINITIONS.
For the purpose of this chapter, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning.
CITY. The City of San Bernardino.
FEE ADMINISTRATOR. The City Director of
Finance and Management Services.
MOBILE SOURCE AIR POLLUTION
REDUCTION PROGRAMS. Any program or project
implemented by the city to reduce air pollution from
motor vehicles pursuant to the California Clean Air
Act of 1988 or the plan proposed pursuant to Cal.
Health and Safety Code, Division 26, Part 3, Chapter
5.5, Article 5 (commencing with § 40460).
(Ord. MC-784, passed 5-7-1991; Ord. MC-1625,
passed 2-21-2024)
Statutory reference:
California Clean Air Act of 1988, see Cal.
Stats. of 1988, AB 2595
§ 17.08.050 ADMINISTRATION OF VEHICLE
REGISTRATION FEE.
(A) Receipt of fee. Vehicle registration fees due,
pursuant to this chapter, disbursed by the SCAQMD
and remitted to the city shall be accepted by the Fee
Administrator.
(B) Transfer of funds. Upon receipt of vehicle
registration fees, the Fee Administrator shall be
responsible for placement of such funds into a separate account as hereinafter specified.
(C) Establishment of Air Quality Improvement
Trust Fund. The Fee Administrator shall establish a
separate interest-bearing trust fund account in a
financial institution authorized to receive deposits of city funds. Interest earned by the account shall be
credited to that account and shall be used to finance
mobile source air pollution programs.
(D) Audits. The city consents to audits, at least
once every two years, of all programs and projects
funded by vehicle registration fee revenues provided
under the Cal. Health and Safety Code, § 44223.
(Ord. MC-784, passed 5-7-1991)
§ 17.08.060 LIBERAL CONSTRUCTION.
The provisions of this chapter shall be liberally
construed to effectively carry out its purposes, which
are found and declared to be in furtherance of the
public health, safety, welfare and convenience.
(Ord. MC-784, passed 5-7-1991)
Packet Page. 1518
TITLE 18: RESERVED
[Reserved]
1 Packet Page. 1519
San Bernardino - Reserved2
Packet Page. 1520
TITLE 19: LAND USE/SUBDIVISION REGULATIONS
[Reserved]
Editor’s note:
The city’s land use/subdivision regulations (Prior Code, Chapters 19.02 through 19.74) are adopted by reference as if set out in full herein. Please contact the city for the full regulations. 1 Packet Page. 1521
San Bernardino - Land Use/Subdivision Regulations2
Packet Page. 1522
PARALLEL REFERENCES
References to California Codes
References to Ordinances
1 Packet Page. 1523
San Bernardino - Parallel References2
Packet Page. 1524
REFERENCES TO CALIFORNIA CODES
Business and Professions Code
Section Code Section
5229 et seq. Title 16
6730.2 2.14.032
Division 3, Chapter 9 13.24.280
Division 3, Chapter 9
(commencing with 7000) 12.03.110
7582 et seq. 5.14.060
Division 5, Chapter 14, Article 12
(§§ 13530 et seq.) 5.64.030
16240 3.64.060
17070 et seq. 3.46.210
17210 8.24.095
19418(a) 5.10.060
19610.4 5.72.010
20700 et seq. Ch. 5.64
Division 8, Chapter 7, Article 8
(20880 et seq.) 5.64.030
21500—21639 Ch. 5.56
Division 8, Chapter 9, Article 6
(commencing with 21660) 5.30.020
22435.1 5.26.020
22435.2 5.26.060
22435.7(g) 5.26.040
22435.7(i) 5.26.030; 5.26.060
22453.7(i) 5.26.030; 5.26.060
Division 10 5.10.050; 8.99.030
26000 et seq. 5.10.010; 5.10.050
26001(f) 8.97.020; 8.99.030
26050 et seq. 5.18.040
26055(h) 5.10.090
26057(b)(4) 5.10.070
26090(e) 5.10.030
26100 et seq. 5.10.350
3 Packet Page. 1525
San Bernardino - Parallel References4
Civil Code
Section Code Section
25.1 5.36.010
51 9.52.070; 9.96.050
798 et seq. 8.90.030
798.3 8.79.470
798.15 et seq. 8.90.330
798.17 8.90.050
798.41 8.90.050; 8.90.290
798.49 8.90.050
798.55 et seq. 8.90.330
798.56 8.90.050
799.24 9.95.010
799.29 8.90.040 ; 9.95.010
1941 et seq. 15.27.050
2080 2.70.020
2080 et seq. Ch. 2.70
2080.1 2.70.020
2080.2 2.70.020
Code of Civil Procedure
Section Code Section
446 8.39.090
683.110—683.220 8.80.605
1094.5 2.45.040; 8.24.110; 8.90.320; 9.95.050
1094.6 1.26.010; 1.26.040; 2.45.040; 3.46.150;
5.04.497; 5.26.070; 8.18.040; 8.18.063;
8.24.110; 8.30.022; 8.30.030; 8.30.045;
8.90.140; 8.90.320; 9.93.160; 9.94.120;
13.25.060
1094.6 et seq. 9.92.080; 9.93.140; 9.94.090
1094.8 5.14.120
1285—1287.6 8.80.605
1500 et seq. Ch. 2.70
1822.50 et seq. 15.05.040
Elections Code
Section Code Section
1002 2.56.060; 2.56.070
4000 2.03.010
4004 2.03.010
Packet Page. 1526
References to California Codes 5
Elections Code (Cont’d)
Section Code Section
9280 2.56.080
10100 et seq. Ch. 2.56
12001 2.56.060; 2.56.070
15651 2.01.010
Evidence Code
Section Code Section
603 9.32.015
604 9.32.015
Family Code
Section Code Section
6500 5.36.010
7002 9.68.030
Financial Code
Section Code Section
Division 3, commencing with 12000 9.60.030
21000—21209 Ch. 5.56
Fish and Game Code
Section Code Section
1 et seq. 12.76.045
Food and Agricultural Code
Section Code Section
16301 et seq. 5.84.020
Title 6
17001 et seq. 6.01.150
29000 et seq. Ch. 8.03
31622 6.09.050
Division 17, Chapter 10.5
(commencing with 47000) 5.30.020
81000 5.10.050
Packet Page. 1527
San Bernardino - Parallel References6
Government Code
Section Code Section
Title 1, Division 3.6, Part 3 (900 et seq.) 3.16.050
Title 1, Division 3.6, Part 3, Chapter 1 3.16.010
900 et seq. 3.12.030; Ch. 3.16
Title 1, Division 3.6, Part 3, Chapter 2 3.16.010
912.4 3.16.030; 3.44.130; 3.46.140
913 3.46.140
935 3.44.130; 3.46.140
945.6 3.16.040; 3.46.140
946 3.16.040; 3.46.140
1094.6 8.90.140
Title 1, Division 5, Chapter 3 12.24.020
5402 Ch. 3.04
Title 1, Division 6, Chapter 10.5 12.24.020
6061 8.63.130
6066 12.90.110; 13.28.040
Title 1, Division 7, Chapter 1 8.15.020
6254 3.46.070
6254(a) 12.21.040
6254(c) 8.50.010
6254(h) 12.21.040
6254(k) 8.50.010
12.21.040
6254.4 14.08.16
6254.15 12.21.040
6255 8.50.010
; 12.21.040
6500 et seq. 3.46.070
6704 Ch. 2.54; 2.54.010
7920.000 et seq. 14.08.16
Title 1, Division 7,
(Chapter 3.510,
Part 2, Chapter 1, commencing with 62507921.000) 12.21.040 7922.000 8.50.010; 12.21.040
7922.540(a) 8.50.010
7925.000 3.46.070
7927.410 14.08.16
7927.500 12.21.040
7927.605 12.21.040
7927.700 8.50.010
7927.705 8.50.010; 12.21.040
7928.705 12.21.040
8607 2.46.070
8875.8 15.12.200
8875.9 15.12.200
11370 et seq. 6.14.080
12650 et seq. 3.46.210
20000 et seq. Ch. 2.48
Packet Page. 1528
References to California Codes 7
25132 8.19.040
25359 1.20.010
29550.1
3.80.040
29550 et seq. 3.80.010; 3.80.050
29550.1 et seq. 3.80.010; 3.80.050
36512 2.56.060; 2.56.070
36900(b) 8.80.602
37100.5 5.18.020
37101 5.18.020; Ch. 3.56
37202 2.10.030
37208 2.10.030
37209 Ch. 2.10
Packet Page. 1529
San Bernardino - Parallel References8
Government Code (Cont’d)
Section Code Section
38601 Title 15
38660 Title 15
38773.1 5.10.430; 8.18.067; 8.30.056; 8.99.050
38773.5 5.10.430; 8.36.150; 8.99.050
38744
38774Title 16
38775 Ch. 12.44
38793 Ch. 12.12; Ch. 13.36
38900 Ch. 13.08
39501 et seq. Ch. 8.18
40805.5 Ch. 2.10
43090 3.40.020
Title 4, Division 4, Chapter 1,
Article 2, 43090 et seq. 3.40.010
43093 et seq. Ch. 3.40
45345 Ch. 2.48
50020—50022.9 8.19.010
50022.1—50022.8 Ch. 1.01; 1.01.010; 1.01.030
50022.1 et seq. Title 15
50022.6 8.01.010
50022.10 Ch. 1.01; 1.01.010; 1.01.030
51036—51039 5.30.110; 5.30.120
53054 et seq. 14.08.21; 14.08.23
53055.1 14.08.23
53055.2 14.08.23
53069.4 6.14.010; 6.14.100; 8.19.040; 8.24.110;
8.80.602; 9.92.010; 9.92.180
53088 et seq. 14.08.21; 14.08.23
53088.2(p) 14.08.23
53088.2(r) 14.08.23
53750 3.46.200
54202 Ch. 3.04
54300 12.84.730
54300 et seq. 12.84.410; 12.84.770—12.84.790
54354.5 12.84.410; 12.84.730; 12.84.770
54739 8.80.605
54740.5 8.80.605
54950—54963 2.27.040; 2.58.010; 2.62.010
54950 et seq. 2.58.090
54950.5 et seq. 2.17.060; 2.45.060
54957.9 2.58.070
65100 et seq. Ch. 2.22
65150
65101 Ch. 2.22
65302 8.79.020; 15.08.010
Packet Page. 1530
References to California Codes 9
Government Code (Cont’d)
Section Code Section
65560 8.79.020
65800 8.79.020
65850Title 16
65864 et seq. 3.27.010
66000 et seq. 3.27.075; 15.73.010
66410 et seq. 3.38.030
66426 5.04.525
66427 5.04.525
66472 3.27.070
66477 3.27.070 ; 3.27.075; 3.27.110
68097.2(b) 9.95.040
68632(a) 5.30.120
68632(b) 5.30.120
83116 2.55.020
84100 et seq. 2.57.010
85301(d) 2.55.030
Title 9, Chapter 7, Article 1
(commencing with 87100) 2.55.010
Health and Safety Code
Section Code Section
480 et seq. 8.01.010
500 et seq. 8.01.010
Division 1, Part 2, Chapter 8 3.28.010
1155.5 8.01.010
1250 8.24.095
1596.76 5.10.050; 8.97.030
3194 8.50.010
5400 et seq. Ch. 13.08
5410 13.08.020
5410—5416 13.08.020
Division 5, Part 3, Chapter 6,
Article 4, 5470 et seq. 13.28.010
Division 5, Part 1, Chapter 7 13.24.090
7001—7025 13.24.090
7050—7081 13.24.090
7100—7134 13.24.090
7583—7622 13.24.090
Packet Page. 1531
San Bernardino - Parallel References10
Health and Safety Code (Cont’d)
Section Code Section
11000 et seq. 9.95.010; 9.98.010;
9.98.020; 9.98.110
11007 9.96.020
11018 5.18.040; 8.97.020; 8.99.030
11018.1 5.18.040
11018.5 5.10.050; 8.97.020
8.97.030; 8.99.030
11053—11058 11059 9.98.020
Chapter 6 (commencing with 11350) 9.95.010
11353.1 5.10.050; 8.97.030
11357.5 9.98.020; 9.98.040; 9.98.020;
9.98.110
11362.1 8.99.030
11362.1 et seq. 5.10.010; 5.10.050
11362.2 8.99.030
Division 10, Chapter 6,
Article 2, 11362.5 5.10.040
11362.5 5.10.050
11362.5 et seq. 8.99.030
11362.7 5.10.050; 8.99.030
11362.7—11362.85 5.10.040
11362.7 et seq. 5.10.050; 8.99.030
11362.765 8.99.030
11362.765(c) 8.99.040
11362.775(a) 5.10.060
11362.775(A)
; 5.10.310
11375.5 9.98.020
Chapter 6.5 (commencing with 11400) 9.95.010
11401 9.98.020; 9.98.110
11488 et seq. 2.70.060
11532 9.95.010
11590 5.82.050
11591 5.82.050
11591.5 5.82.050
12505 8.61.020
12529 8.60.010
12557 8.61.030
12706 8.61.030
13146.2 15.25.040
13146.2(a) 15.25.010
17910 et seq. Title 15
17920.3 15.27.050
17975 et seq. 15.27.050
17980 8.18.062; 8.30.043
18000 et seq. Ch. 15.55
18000(a)(2) 8.79.470
18001(a) 8.79.470
18007 8.79.470
Packet Page. 1532
References to California Codes 11
18010 8.79.470
18218 8.90.040
18800—18806 8.90.050
Packet Page. 1533
San Bernardino - Parallel References12
Health and Safety Code (Cont’d)
Section Code Section
25117.1 17.05.020
25298 8.01.010
Division 26, Part 3, Chapter 5.5,
Article 5 (commencing with 40460) 17.08.040
44223 17.08.020; 17.08.050
44243 17.08.020; 17.08.030
101025 et seq. 8.01.010
Division 101, Part 3, Chapter 3 3.28.010
101275 et seq. 8.01.010
101310 8.01.010
101375 et seq. 8.01.010
101450 et seq. 8.01.010
104550 8.73.010
109925 5.10.050; 8.97.030
109935 5.10.050; 8.97.030
Division 10, commencing with 11000 8.83.010
113740(b) 5.04.497
113781 8.24.095
113783 8.24.095
113789 8.24.095
113841 8.24.095
113842 8.24.095
120125 et seq. 8.01.010
121575—121635 6.11.010
121690 6.08.010
Labor Code
Section Code Section
1720 et seq. 12.24.030
1770 12.24.030
1770 et seq. 8.90.190
Division 2, Part 9, Chapter 1,
Article 1 (2260 et seq.) 5.80.200
Division 4 1.20.020
3200 12.03.110
3200 et seq. 2.38.050
3201.5 12.21.040
3800 12.03.110
Division 5 1.20.020
6404.5 8.97.040
Penal Code
Packet Page. 1534
References to California Codes 13
Section Code Section
148.5 9.16.010
186.22(e) 9.95.010
186.22(f) 9.95.010
243.3 5.14.110
246 Ch. 9.84
Packet Page. 1535
San Bernardino - Parallel References14
Penal Code (Cont’d)
Section Code Section
261 5.14.110
261.5 5.14.110
264.1 5.14.110
266 5.14.110
266a—266k 5.14.110
267 5.14.110
286 5.14.110
286.5 5.14.110
287 5.14.110
288 5.14.110
288a 5.14.110
290 5.14.110; 5.19.050; 5.82.050
290 et seq. 5.19.030; 9.97.020
311—311.10 5.14.110
313 9.70.010; 9.70.020
314 5.14.110
315 5.14.110
316 5.14.110
319 et seq. Ch. 9.44
326.3 5.36.015; 5.36.060
5.36.065
326.3(u)(1) 5.36.010
326.3(w)(2) 5.36.060
5.36.065
326.4 5.36.015; 5.36.060 5.36.065
326.5 Ch. 5.36
326.5(1)(2)
326.5(l)(1) 5.36.050
326.5(l)(2) 5.36.050
330 9.44.010; 9.44.020
330 et seq. Ch. 9.44
330a 9.44.010; 9.44.020
365 9.52.060; 9.96.050
374—374.b.5
Ch. 8.15
374.3 Ch. 8.15
374.4 Ch. 8.15
415 9.52.070; 9.96.050
597 6.12.010
597.5(a) 6.09.020
599aa 6.09.020
602 Ch. 9.52
602.5 Ch. 9.52
647 5.14.110; 8.50.010; 9.96.050
647(2) 9.52.070
647(a) 8.50.020
647(b) 8.50.020
Packet Page. 1536
References to California Codes 15
Penal Code (Cont’d)
Section Code Section
830 10.25.030
830.2(a) 9.90.010
830.2(c) 9.90.010
830.9 9.90.010
830.32 9.90.010
830.32(b) 9.90.010
836.5 2.12.030; 9.90.010; 10.48.090
836.5(a) 2.02.060
853.5 2.02.060; 9.90.010
Part 2, Title 3, Chapter 5C 8.18.030
Part 2, Title 3, Chapter 5C
(commencing with 853.5) 6.01.130
Title 3,
Part 2, Title 3, Chapters 5D
(commencing with 853.5) 6.01.130
853.6 2.02.060; 9.90.010
Chapters
5C of Part 2, Title 3
(commencing with 853.6) 2.12.030
Chapters
5D of Part 2, Title 3
(commencing with 853.6) 2.12.030
Title 3, Part 2, Chapter 5C 6.01.130; 8.18.030
Title 3, Part 2, Title 3, Chapter 5C
(853.6 et seq.) 10.48.090
1203.1 1.20.010
1412 8.39.050
11105(b)(11) 5.10.310
12000
12001 et seq. Ch. 9.80
12028 8.65.010; 8.65.020
12028.5 8.65.050
12030 8.65.020
12030(d) 8.65.020
12030(e) 8.65.040
12401 8.65.070
13300(b)(11) 5.10.310
Part 4, Title 4, Chapter 1 2.36.010
Chapter 1, 13510(c) 2.36.020
Chapter 1, 13512 2.36.030
13520 et seq. Ch. 2.36
Chapter 1, 13522 2.36.020
Chapter 1, 13525 2.36.020
16520 8.65.070
18000 8.65.050
19190 8.65.010—8.65.030
21310 8.65.010—8.65.030
21390 8.65.010—8.65.030
21590 8.65.010—8.65.030
Packet Page. 1537
San Bernardino - Parallel References16
29300 8.65.010—8.65.040
Packet Page. 1538
References to California Codes 17
Public Contract Code
Section Code Section
20161 12.20.010; 12.20.020
20163 12.20.010
20164 12.20.010
20166 12.20.010
20168 12.20.010
Public Resources Code
Section Code Section
Division 2, Chapter 7.5 15.04.110
Division 3 13.20.010
5181 et seq. Ch. 12.68
Division 6 13.20.010
Division 13 (commencing with 21000) 5.10.090
21000 et seq. 15.37.060; 17.06.160
21050 et seq. 8.01.010
Division 30 (commencing with 40000) 8.24.010
40191 8.24.010
40201 8.24.010
40507 8.24.040
41781.3 8.24.040
42800 to 42859 et seq.
—42855 8.24.080
42885 8.24.080
Public Utilities Code
Section Code Section
799 3.46.170; 3.46.220
Division 1, Part 1, Chapter 5, Article 2 5.24.170
Division 2.4
2.5, commencing with 5800 14.08.24
5800 et seq. 14.08.04
6201 et seq. 14.04.020
10001 3.75.010
21411 3.57.090
Revenue and Taxation Code
Section Code Section
107.6 12.05.080
327 13.28.030
Division 1, Part 9, Chapter 5
(commencing with 5096) 3.48.110
Packet Page. 1539
San Bernardino - Parallel References18
Division 2, Part 1 3.56.040; 3.56.080; 3.57.070; 3.57.100 Division 2, Part I 3.56.040; 3.56.080
Packet Page. 1540
References to California Codes 19
Revenue and Taxation Code (Cont’d)
Section Code Section
Division 2, Part 1
(commencing with 6001) 3.57.060
6066 5.19.030
6067 3.56.050; 3.57.080
6203 3.56.080; 3.57.070
6366 3.56.090; 3.57.090
6366.1 3.56.090; 3.57.090
6701 3.56.040; 3.56.080; 3.57.070
6702 3.56.040; 3.56.080; 3.57.070
6711 3.56.040; 3.56.080; 3.57.070
6715 3.56.040; 3.56.080; 3.57.070
6737 3.56.040; 3.56.080; 3.57.070
6797 3.56.040; 3.56.080; 3.57.070
6828 3.56.040; 3.56.080; 3.57.070
Division 2, Part 1.5 3.56. 020; 3.56.040; 3.56.080; 3.56.090;
3.56.100; 3.56.110
7200 et seq. Ch. 3.56
Division 2, Part 1.6 3.57.010; 3.57.060; 3.57.090; 3.57.100; 3.57.110 Division 2, Part 1.6
(commencing with 7251) 3.57.010
Division 2, Part 1.7 3.57.100
7280 Ch. 3.55
7281 Ch. 3.55
7284.6 3.46.070; 3.46.130
7284.7 3.46.130
Division 2, Part 1.7, 7285.9 3.57.010
10701—11053 5.24.010
Division 2, Part 6.7 3.48.100
Division 2, Part 6.7
(commencing with 11901) 3.48.010
11901 et seq. Ch. 3.48
17056 3.44.140
17057 3.44.140
23701(l)
5.36.010
23701(a)a 5.36.010
23701(b)b 5.36.010
23701(d)d 5.36.010; 5.36.080
23701(e)e 5.36.010
23701(f)f 5.36.010
23701(g)g 5.36.010
30001 et seq. 3.56.110; Ch. 3.60
Packet Page. 1541
San Bernardino - Parallel References20
Streets and Highways Code
Section Code Section
Division 1, Chapter 1, Article 5 3.20.010; 3.20.030
186.3 Ch. 3.20
1468 12.03.110
2106 Ch. 3.20
2107 Ch. 3.20
2113 Ch. 3.20
Division 4 12.28.010
Division 4, 2800 et seq. 12.84. 060; 12.84.080; 12.84.090; 12.84.120;
12.84.130; 12.90.040
3110 12.90.040
3114 12.90.110
3115 12.90.110
5000 et seq. 12.28.030
Division 7, being 5000 et seq. 12.94.010
5003 through
— 5024 12.90.030
5101 12.94.010
5193 12.90.040
5195 12.90.040
5300 through
— 5325 12.84.210; 12.90.110
Division 7, Part 3, Chapter 22 12.92.020
Division 7, Part 3, Chapter 24 12.92.020
Division 7, Part 3, Chapter 27 12.92.020
5896.1 et seq. Ch. 12.12; Ch. 13.36
Division 10, being 8500 et seq. 12.94.010
8570 12.94.010
8680 to
— 8688 12.84.360; 12.84.410; 12.84.730
8800 to — 8809 12.84.410; 12.84.730; 12.90.080
8830 to 8835 12.84.360; 12.84.410; 12.84.730
8830—8837 12.84.360; 12.84.410; 12.84.730
Division 12, 10000 et seq. 12.94.010
10100 12.94.010
10350 through
— 10358 12.90.130
10404(a) 12.90.110
10404(b) 12.90.110
10404(c) 12.90.110
22000 et seq. Ch. 12.40
22531 12.90.030
Division 18, Part 1
(commencing with 31500) 12.84.330; 12.84.350
Part 2 (commencing with 32500) 12.84.750
35100 et seq. 12.84.380; 12.84.410; 12.84.440
Vehicle Code
Section Code Section
Packet Page. 1542
References to California Codes 21
100 et seq. Ch. 10.04
165 10.24.210
Packet Page. 1543
San Bernardino - Parallel References22
Vehicle Code (Cont’d)
Section Code Section
463 10.25.030
670 10.25.030
2500 et seq. Ch. 5.76
2800 10.24.220
4000 8.30.015
Division 3, Chapter 1
(commencing with 4000) 3.57.090
5004 8.36.130
5202 8.30.015
Division 3.5 (commencing with 9840) 3.57.090
Division 5, Chapter 3
(commencing with 11500) 5.28.010
11520 5.28.010
16500 5.76.150
16500 et seq. Ch. 5.24; Ch. 5.76
16501 Ch. 5.24; Ch. 5.76
21100 Ch. 5.24; Ch. 5.76; Ch. 10.08; Ch. 12.56
21100(K) 10.24.210
21100 et seq. Ch. 10.16
21101 Ch. 10.20
21101.2 10.24.220
21106 Ch. 10.28; Ch. 10.36
21112 Ch. 5.24; Ch. 5.76
21114.5 10.16.020
21206 Ch. 10.24
21351 et seq. Ch. 10.12
21450 et seq. Ch. 10.12
21458 Ch. 10.16; Ch. 10.36
21961 Ch. 10.28
22357 10.52.010—10.52.050; 10.52.055
22358 10.52.010—10.52.050; 10.52.055
22360 10.52.010—10.52.040
10.52.050; 10.52.055
22360, 28 10.52.050
22500 et seq. Ch. 10.16
22507.5(c) 10.16.120
22520.5 9.62.060
22523 10.16.230
22650 et seq. Ch. 8.36
22651 10.16.020; 10.16.150
22651(n) 10.16.120
Packet Page. 1544
References to California Codes 23
Vehicle Code (Cont’d)
Section Code Section
22651.7 10.16.150
22651.9 10.25.020; 10.25.050
22652 Ch. 10.16
22660 through
— 22664 8.36.010
22852 10.25.020; 10.25.060
23130 Ch. 10.56; 10.56.010
23130.5 Ch. 10.56
24002 8.30.015
27200—27207 Ch. 10.56; 10.56.010
35701 10.24.190
35701 et seq. 10.24.190
35703 et seq. 10.24.190
35790 8.90.040
Division 16.7 10.48.030
39000 et seq. Ch. 10.48
40001 8.30.015
Vehicle Code, 40202 10.16.150; 10.16.240—10.16.260; 10.16.280 Division 18, Chapter 2, 42200 3.24.010; 3.24.020
Welfare and Institutions Code
Section Code Section
625.5 9.68.060
625.5(d) 9.68.060
625.5(e) 9.68.060
9400 et seq. 5.52.010
Water Code
Section Code Section
Division 7 8.80.103
13050(d) 8.80.207
13050(k) 8.80.103
Packet Page. 1545
San Bernardino - Parallel References24
Packet Page. 1546
REFERENCES TO ORDINANCES
Ord. No. Date Passed Code Section
442 8-15-10 8.48.010—8.48.030
465 9-5-11 8.51.010; 8.51.020
638 8-22-16 5.56.070—5.56.090
625 12-21-16 8.09.010; 8.09.020
102 11-17-1891 12.32.010—12.32.040
106 1-26-1892 8.87.010; 8.87.020
111 5-17-1892 12.48.020—12.48.050
120 9-13-1892 12.44.030
122 9-27-1892 12.48.010
151 1-16-1894 12.44.040—12.44.080
294 11-17-1903 8.06.010; 8.06.020
295 12-15-1903 12.68.010—12.68.030
335 10-10-1906 12.12.010—12.12.050
347 1-12-1907 2.12.010—2.12.050
404 12-7-1908 5.56.010—5.56.050
421 9-13-1909 8.03.010—8.03.030
475 2-13-1912 12.44.090—12.44.120
536 11-4-1913 9.44.010—9.44.030
541 11-10-1913 14.04.010—14.04.040
562 4-6-1914 12.52.020—12.52.040
614 11-1-1915 12.60.010; 12.60.020
677 6-1-1917 13.04.010—13.04.030
756 1-4-1920 12.36.010
763 3-2-1920 5.04.005—5.04.030; 5.04.055—5.04.110; 5.04.125;
5.04.140; 5.04.150; 5.04.155; 5.04.160; 5.04.195;
5.04.210; 5.04.245; 5.20.010—5.20.160; 5.24.010;
5.24.020; 5.24.150—5.24.170
821 8-9-1921 1.24.010; 2.02.090; 2.66.010; 3.16.010—3.16.040;
5.28.010; 5.64.010—5.64.030; 6.01.030—6.01.050;
6.01.070—6.01.130; 6.03.010—6.03.040;
6.04.010—6.04.050; 6.04.070; 6.04.080;
6.05.020—6.05.040; 6.08.020; 6.08.040—6.08.060;
6.08.080—6.08.110; 6.08.130; 6.11.010; 8.84.010;
8.84.020; 9.08.010—9.08.030; 9.12.010; 9.12.030;
9.12.040; 9.48.010—9.48.030; 9.52.070; 9.56.010;
9.84.010; 10.56.010; 10.56.020; 12.16.020; 12.20.020;
12.20.030; 12.36.020; 12.44.010; 12.44.020; 12.52.010;
16.16.010—16.16.030; 16.16.050; 16.16.070
25 Packet Page. 1547
San Bernardino - Parallel References26
858 4-11-1922 3.36.010—3.36.030
1003 11-14-1923 6.03.010
1263 12-8-1925 12.52.010
1301 5-12-1926 12.36.020
1482 10-20-1931 6.08.060
1489 3-8-1932 5.04.140; 5.04.155
1492 6-21-1932 9.64.010—9.64.030
1525 1-8-1934 5.04.090
1530 7-3-1934 9.08.010—9.08.030
1547 6-11-1935 3.20.010—3.20.030
1554 10-22-1935 9.32.010—9.32.060
1557 1-28-1936 3.20.010—3.20.030
1613 7-19-1938 5.56.040; 5.56.050
1645 8-20-1940 9.52.010—9.52.050
1652 3-18-1941 10.04.010—10.04.030; 10.04.060; 10.04.080—10.04.180;
10.08.010; 10.08.020; 10.12.010—10.12.050;
10.16.010—10.16.200; 10.20.010—10.20.030;
10.24.010—10.24.060; 10.24.090; 10.24.100;
10.24.120—10.24.200; 10.28.010; 10.28.020; 10.28.040;
10.28.050; 10.32.030—10.32.060; 10.36.010; 10.36.020;
10.40.010; 10.40.020; 10.44.010
1655 4-8-1941 12.40.010—12.40.130
1657 4-22-1941 9.28.010—9.28.040
1706 12-21-1943 10.12.020
1713 - -1944 2.12.010; 2.12.020
1729 11-30-1944 5.04.125; 5.04.195
1730 1-3-1945 10.36.010
1734 2-6-1945 2.48.010; 2.48.020
1739 4-12-1945 12.72.010—12.72.050
1755 3-27-1946 10.16.110
1761 5-25-1946 12.76.010—12.76.050
1785 4-8-1947 8.87.030; 8.87.040; 8.87.060
1800 9-22-1947 5.04.160; 5.04.245
1811 10-7-1947 2.54.010
1815 2-27-1948 2.22.010; 2.22.020
1816 3-9-1948 3.24.010; 3.24.020
1825 4-27-1948 3.28.010; 3.28.020
1851 4-5-1949 5.04.210
1872 12-6-1949 2.28.010; 2.28.020
1900 11-30-1950 12.36.030; 12.36.030
1915 5-22-1951 9.68.010; 9.68.060
1918 7-2-1951 2.66.010
1925 11-6-1951 8.54.010—8.54.040
1885 5-2-1952 12.40.140
Packet Page. 1548
References to Ordinances 27
1949 7-22-1952 10.12.030; 10.28.040
1950 7-22-1952 10.48.010—10.48.110
1951 7-22-1952 5.56.030
1963 11-18-1952 12.28.060—12.28.110
1987 7-7-1953 5.76.010—5.76.050; 5.76.070—5.76.450;
5.76.500—5.76.530; 5.76.580
1988 7-21-1953 8.63.010—8.63.100; 8.63.120—8.63.140
2003 11-17-1953 9.16.010; 9.16.020
2005 11-24-1953 8.66.010—8.66.080
2014 1-19-1954 15.36.010
2040 8-3-1954 12.16.010; 12.16.020
2048 10-5-1954 2.56.010—2.56.080
2063 5-17-1955 12.28.010—12.28.050
2075 9-21-1955 10.16.120
2078 11-8-1955 5.76.170; 5.76.230; 5.76.240; 5.76.260; 5.76.350;
5.76.360; 5.76.510
2096 2-21-1956 8.57.010—8.57.090
2100 3-6-1956 5.52.010—5.52.100
2102 4-3-1956 8.54.020
2105 4-3-1956 10.52.010—10.52.060
2118 5-31-1956 3.56.010—3.56.110
2121 6-19-1956 2.70.010—2.70.050
2135 8-21-1956 2.52.010
2154 1-22-1957 5.76.280; 5.76.310; 5.76.370
2158 2-11-1957 13.08.010; 13.08.020
2162 2-19-1957 14.04.020
2163 2-19-1957 12.32.050; 12.32.070
2168 5-7-1957 13.12.010—13.12.040
2171 5-13-1957 6.08.110
2192 10-22-1957 8.63.020
2227 7-1-1958 5.04.150
2247 11-12-1958 5.04.030
2265 6-23-1959 12.36.030
2273 9-22-1959 12.40.070; 12.40.120; 12.40.130
2284 2-24-1960 2.58.010
2288 3-8-1960 10.28.050
2291 3-29-1960 15.28.010; 15.28.020; 15.28.140—15.28.170 2347 3-27-1961 12.44.040
2367 7-5-1961 5.76.430; 5.76.440
2374 7-24-1961 3.32.010; 3.32.020
2386 9-5-1961 12.24.010; 12.24.020
2392 9-26-1961 10.04.150; 10.52.060
2397 11-21-1961 2.02.010—2.02.080
2398 9-21-1961 2.06.010; 2.06.020
Packet Page. 1549
San Bernardino - Parallel References28
2400 11-28-1961 2.36.010; 2.36.020
2403 12-11-1961 10.16.130
2406 12-19-1961 3.56.030; 3.56.080
2417 2-14-1962 8.84.010; 8.84.020
2429 3-27-1962 2.56.040; 2.56.060; 2.56.080
2431 4-2-1962 15.48.010—15.48.100
2449 7-24-1962 2.50.010; 2.50.020
2455 8-13-1962 5.28.010
2457 8-24-1962 5.56.010
2481 1-29-1963 2.04.010
2498 5-14-1963 8.66.020
2508 7-2-1963 3.36.030
2510 7-16-1963 8.66.030
2519 8-20-1963 12.28.060
2537 11-19-1963 10.16.110
2552 1-28-1964 9.28.010—9.28.040
2561 3-3-1964 6.08.080; 6.08.100
2579 5-26-1964 10.24.170; 10.24.180
2588 6-23-1964 3.04.010—3.04.100; 5.32.010—5.32.110
2592 7-7-1964 3.56.020
2598 7-25-1964 5.32.030
2613 9-29-1964 10.16.140
2622 11-17-1964 2.64.010—2.64.050; 2.64.070
2643 2-2-1965 9.44.010; 9.44.020
2654 3-9-1965 3.12.030
2664 4-13-1965 9.16.010
2673 6-27-1965 1.12.010; 1.12.020
2690 10-5-1965 10.04.060
2700 11-2-1965 12.76.030
2711 12-14-1965 3.64.010; 3.64.020; 3.64.050
2730 3-15-1966 3.64.020
2732 4-5-1966 8.15.010—8.15.120; 8.15.140—8.15.170
2733 4-5-1966 5.76.160
2743 5-17-1966 3.32.010; 3.32.020
2747 5-24-1966 8.15.020
2754 6-3-1966 10.16.150
2768 8-23-1966 10.16.040
2779 11-8-1966 2.56.030
2784 11-29-1966 15.36.010
2802 3-14-1967 16.16.010—16.16.050
2809 3-28-1967 5.04.065
2811 4-11-1967 3.55.180
2812 4-18-1967 2.22.020
2828 6-27-1967 2.38.010—2.38.120
Packet Page. 1550
References to Ordinances 29
2836 8-15-1967 2.02.010
2844 8-29-1967 12.76.010
2855 10-3-1967 2.10.010; 2.10.020; 2.10.040
2856 10-3-1967 10.12.030
2867 11-28-1967 3.48.010—3.48.110
2884 2-6-1968 8.60.010—8.60.050; 8.60.070—8.60.110; 8.60.130;
8.60.150
2900 4-23-1968 5.80.010—5.80.030; 5.80.050—5.80.220
2915 6-25-1968 10.24.190
2917 6-25-1968 10.24.170
2919 7-2-1968 13.36.010—13.36.120
2926 7-30-1968 6.08.020
2931 8-13-1968 3.44.010; 3.44.020; 3.44.050—3.44.130; 3.44.135;
3.44.150
2934 8-20-1968 2.62.010; 2.62.020
2939 9-11-1968 9.84.010
2968 1-21-1969 6.11.010
2969 1-21-1969 8.30.070; 8.36.020—8.36.150
2979 3-18-1969 5.76.030; 5.76.350; 5.76.520; 5.76.530
2997 7-1-1969 12.44.110
3002 7-15-1969 5.76.130; 5.76.150; 5.76.340
3007 8-19-1969 13.12.010—13.12.030
3016 9-23-1969 12.40.010; 12.40.060; 12.40.100
3022 10-21-1969 5.76.040; 5.76.050; 5.76.070; 5.76.080; 5.76.220;
5.76.320; 5.76.340; 5.76.390; 5.76.420
3031 12-9-1969 15.48.030; 15.48.050—15.48.070
3035 12-16-1969 10.44.010
3038 12-23-1969 9.12.010; 9.12.030
3064 4-7-1970 15.68.010—15.68.050
3070 5-12-1970 5.80.140; 5.80.150
3074 6-2-1970 2.50.010
3086 6-30-1970 10.56.010; 10.56.020
3095 8-11-1970 9.56.010
3120 11-10-1970 2.02.030
3126 12-1-1970 2.22.020
3150 3-2-1971 2.50.010
3155 3-9-1971 8.63.090; 8.63.130
3185 7-13-1971 6.08.080
3212 11-16-1971 3.64.050
3216 12-21-1971 2.22.010
3217 12-21-1971 13.36.100
3220 12-21-1971 8.78.010—8.78.030
3222 1-4-1972 1.16.010
3224 1-4-1972 12.20.020
Packet Page. 1551
San Bernardino - Parallel References30
3226 1-4-1972 2.50.010
3227 1-4-1972 15.28.140—15.28.170
3233 1-18-1972 10.04.010; 10.04.100
3236 2-25-1972 8.60.050
3245 3-8-1972 5.04.060
3265 5-5-1972 9.32.040
3267 5-17-1972 8.36.100
3268 5-17-1972 5.04.070
3271 6-28-1972 2.56.040
3273 7-14-1972 2.70.020; 2.70.030
3275 7-14-1972 12.16.020
3285 8-24-1972 2.10.040
3286 8-24-1972 2.02.050
3292 9-25-1972 3.64.010; 3.64.040
3293 9-25-1972 3.64.030
3300 10-24-1972 8.57.040
3301 10-24-1972 6.01.130
3306 10-24-1972 2.56.070
3307 11-9-1972 6.08.060
3313 12-7-1972 2.50.010
3315 12-7-1972 10.16.010
3326 1-3-1973 12.80.010—12.80.050; 12.80.130; 12.80.140 3328 1-17-1973 10.16.010; 10.16.020; 10.16.050—10.16.070 3329 2-16-1973 10.24.200
3330 2-16-1973 1.20.010; 1.20.020
3334 2-28-1973 6.01.030—6.01.050; 6.01.070—6.01.120
3346 5-11-1973 12.32.050
3354 6-8-1973 3.48.090
3363 8-9-1973 2.50.010
3365 8-9-1973 10.52.030; 10.52.050
3367 8-22-1973 8.18.010—8.18.090
3370 8-22-1973 3.04.100
3378 10-4-1973 3.56.050; 3.56.060; 3.56.090
3383 10-17-1973 2.62.020
3406 3-4-1974 5.76.200
3407 3-6-1974 13.08.010
3412 3-19-1974 5.76.200
3414 4-4-1974 5.64.010—5.64.030
3419 4-19-1974 8.36.080—8.36.120
3426 5-20-1974 2.10.020
3432 6-17-1974 12.28.080; 12.28.090
3433 6-24-1974 3.55.180
3448 10-30-1974 2.56.010
3452 10-30-1974 6.08.050; 6.08.130
Packet Page. 1552
References to Ordinances 31
3455 11-5-1974 12.68.010; 12.68.020
3462 12-10-1974 3.08.010
3465 12-17-1974 6.03.020; 6.04.010— 6.04.050; 6.04.070; 6.04.080;
6.05.020—6.05.040; 6.08.110; 9.52.070
3470 12-17-1974 5.44.010—5.44.120
3472 1-8-1975 2.08.010
3474 1-22-1975 15.48.080
3475 1-22-1975 13.24.010—13.24.430
3481 3-12-1975 15.28.010; 15.28.020
3486 3-19-1975 5.76.020; 5.76.030; 5.76.530
3488 3-19-1975 10.48.010—10.48.110
3495 4-24-1975 5.20.010—5.20.160
3497 5-16-1975 10.16.150
3505 6-17-1975 3.44.135
3510 6-27-1975 3.44.050; 3.44.060
3512 7-15-1975 2.14.040
3514 8-6-1975 3.04.070
3518 8-19-1975 8.18.010
3519 8-19-1975 10.16.120
3520 8-19-1975 9.12.040
3525 9-10-1975 12.80.050
3526 9-10-1975 2.50.010
3529 9-16-1975 3.56.020; 3.56.030; 3.56.070
3531 10-7-1975 3.04.080; 3.04.090
3533 10-28-1975 13.28.010—13.28.120
3538 10-28-1975 10.24.200
3541 11-26-1975 2.52.010
3542 12-11-1975 5.44.010—5.44.120
3551 2-4-1976 2.50.010
3554 2-18-1976 10.24.090
3555 2-18-1976 10.16.150
3556 2-18-1976 2.27.060
3562 3-17-1976 5.44.010
3577 6-7-1976 6.08.040
3581 6-21-1976 5.04.075
3582 6-21-1976 6.04.030
3584 7-6-1976 5.76.020; 5.76.350; 5.76.500; 5.76.510
3585 7-6-1976 5.76.090; 5.76.200; 5.76.210; 5.76.280; 5.76.290;
5.76.320; 5.76.340
3589 7-6-1976 12.84.010—12.84.790
3593 8-2-1976 15.28.150
3594 8-3-1976 5.04.025
3601 9-7-1976 2.56.010; 2.56.020; 2.56.080
3603 9-20-1976 12.84.220; 12.84.230; 12.84.310; 12.84.320; 12.84.730 3606 10-26-1976 5.36.010—5.36.200
Packet Page. 1553
San Bernardino - Parallel References32
3611 12-20-1976 8.63.130
3613 12-20-1976 6.08.020
3627 2-24-1977 5.24.010; 5.24.020; 5.24.150—5.24.170
3628 2-24-1977 15.36.010
3638 4-20-1977 2.58.020
3641 5-25-1977 3.36.010
3643 5-25-1977 12.80.130
3651 6-29-1977 3.08.020
3652 7-15-1977 2.58.010
3653 7-15-1977 8.73.040
3658 7-18-1977 10.12.010
3665 9-2-1977 2.27.060
3671 9-2-1977 10.52.020
3672 9-16-1977 10.52.020
3675 9-21-1977 8.69.010
3676 10-4-1977 2.50.010
3684 11-9-1977 5.36.010; 5.36.020; 5.36.040; 5.36.060; 5.36.080;
5.36.100; 5.36.140
3685 11-9-1977 8.36.020; 8.36.030; 8.36.050; 8.30.070; 8.36.090;
8.36.130; 8.36.140
3688 11-9-1977 2.28.010
3698 12-21-1977 12.68.020
3701 1-24-1978 8.18.010; 8.18.030—8.18.050
3703 2-9-1978 8.15.170
3704 2-9-1978 12.88.010; 12.88.020
3708 3-2-1978 2.28.010
3711 3-7-1978 12.44.030
3717 4-19-1978 10.52.010
3718 4-19-1978 10.24.190
3723 5-4-1978 3.04.070
3724 5-4-1978 5.36.050
3732 6-16-1978 2.28.010
3733 6-28-1978 10.16.150; 10.24.170
3736 7-5-1978 10.16.010
3750 8-21-1978 5.76.200
3743 8-25-1978 10.16.170
3746 8-25-1978 10.52.020
3751 8-25-1978 1.08.010—1.08.090
3759 9-13-1978 12.84.300
3770 10-6-1978 2.68.010—2.68.030
3772 11-9-1978 9.04.010—9.04.040
3774 11-9-1978 12.28.110
3784 11-22-1978 10.52.010
3792 12-20-1978 2.56.030
Packet Page. 1554
References to Ordinances 33
3795 1-9-1979 10.48.010; 10.48.030; 10.48.040
3796 1-9-1979 3.44.050—3.44.080; 3.44.100—3.44.130
3803 2-8-1979 6.08.080
3804 2-8-1979 16.16.010—16.16.030; 16.16.070
3817 5-9-1979 10.16.120
3827 5-22-1979 6.08.080
3835 6-19-1979 13.08.020
3837 6-19-1979 10.16.010
3838 6-19-1979 8.18.040; 8.18.050
3842 7-11-1979 2.06.020
3843 7-11-1979 1.04.010—1.04.090
3844 7-11-1979 10.16.150
3845 7-11-1979 10.16.010
3846 7-11-1979 3.55.180
3848 7-11-1979 3.48.050; 3.48.060; 3.48.090
3849 7-25-1979 10.52.020
3854 8-21-1979 10.52.020; 10.52.030
3855 8-21-1979 10.16.150; 10.16.170; 10.16.190
3858 8-21-1979 9.48.010—9.48.030
3861 9-12-1979 3.44.135
3867 9-18-1979 9.32.010; 9.32.015
3868 9-18-1979 12.68.020
3869 9-18-1979 8.63.130
3874 10-16-1979 10.52.030
3877 11-7-1979 5.76.280; 5.76.290
3878 11-7-1979 5.76.500
3880 11-20-1979 10.16.110; 10.16.140; 10.16.170; 10.16.190; 10.16.200 3883 11-20-1979 2.02.090
3887 12-6-1979 5.04.030
3893 1-9-1980 3.04.070; 3.04.080
3896 1-9-1980 9.20.010; 9.20.020
3904 1-24-1980 3.40.010; 3.40.020
3918 2-25-1980 12.28.060; 12.28.080
3920 2-25-1980 9.12.040
3921 2-25-1980 2.52.010
3926 4-14-1980 6.01.130
3934 5-12-1980 14.08.27
3937 5-12-1980 6.08.040
3943 6-3-1980 5.76.020; 5.76.140; 5.76.500
3949 7-9-1980 5.04.071
3950 7-9-1980 12.44.030
3952 7-22-1980 14.08.27
3955 8-8-1980 3.10.010
3959 8-8-1980 10.52.020; 10.52.030
Packet Page. 1555
San Bernardino - Parallel References34
3960 8-20-1980 10.16.120
3965 9-10-1980 6.08.080
3966 9-10-1980 10.52.020
3968 9-23-1980 6.01.130
3971 9-24-1980 15.48.030; 15.48.040
3976 10-8-1980 5.36.010; 5.36.080
3981 10-29-1980 1.01.010—1.01.100
MC-15 12-9-1980 2.28.010
MC-16 12-9-1980 5.76.150
MC-21 1-7-1981 6.01.150
MC-26 1-20-1981 5.72.010; 5.72.020
MC-28 2-3-1981 8.63.110
MC-36 3-25-1981 1.01.040
MC-42 4-8-1981 10.16.170
MC-46 4-27-1981 5.80.040
MC-47 4-27-1981 2.72.010
MC-50 5-7-1981 6.08.040; 6.08.080; 6.08.130
MC-64 6-19-1981 2.74.010—2.74.040
MC-65 6-19-1981 Ch. 9.40; 10.24.070
MC-80 7-8-1981 10.24.190
MC-81 7-8-1981 10.52.020
MC-84 7-21-1981 Ch. 15.64
MC-85 8-4-1981 1.26.010; 1.26.020
MC-88 8-4-1981 6.08.080
MC-92 8-18-1981 Ch. 16.04; Ch. 16.08
MC-93 9-2-1981 10.52.010—10.52.050
MC-98 9-15-1981 2.58.010
MC-106 10-7-1981 2.28.030
MC-114 11-16-1981 10.52.030
MC-118 11-16-1981 5.04.030; 5.20.150
MC-119 11-16-1981 5.76.060
MC-125 1-7-1982 8.81.010; 8.81. 030—8.81.080; 8.81.100—8.81.160 MC-126 1-7-1982 3.38.010—3.38.050
MC-127 1-7-1982 2.22.020
MC-130 1-7-1982 5.44.020
MC-144 3-16-1982 16.16.030
MC-145 3-16-1982 6.01.150; 6.08.080
MC-146 3-16-1982 5.36.010; 5.36.020; 5.36.040; 5.36.060; 5.36.080 MC-149 4-7-1982 12.94.010—12.94.030
MC-150 4-7-1982 12.90.010—12.90.130
MC-153 4-20-1982 8.36.030
MC-155 4-20-1982 3.38.040
MC-161 5-5-1982 10.28.030
MC-165 5-5-1982 Ch. 9.36
Packet Page. 1556
References to Ordinances 35
MC-170 6-8-1982 10.52.020
MC-175 6-28-1982 2.28.010
MC-174 6-29-1982 2.28.040
MC-177 7-7-1982 15.28.140; 15.28.150
MC-178 7-7-1982 8.18.060; 8.18.070
MC-183 7-7-1982 3.04.070; 3.04.080
MC-184 7-7-1982 2.58.020
MC-190 7-13-1982 5.76.500
MC-192 7-22-1982 5.44.020—5.44.030; 5.44.070—5.44.086; 5.44.100;
5.44.130
MC-194 8-3-1982 5.04.030
MC-195 8-3-1982 5.76.500
MC-198 8-11-1982 2.04.010; 2.04.020
MC-199 8-17-1982 10.52.020; 10.52.030
MC-201 8-17-1982 8.81.010; 8.81.070; 8.81.080; 8.81.100; 8.81.110;
8.81.150; 8.81.160
MC-207 9-20-1982 9.32.040
MC-209 9-20-1982 8.50.010—8.50.060
MC-210 9-20-1982 10.04.050; 10.24.110
MC-216 10-25-1982 1.26.010—1.26.040
MC-217 11-2-1982 6.05.020; 6.05.030
MC-219 11-2-1982 8.60.010; 8.60.050; 8.60.060
MC-228 12-7-1982 15.28.140
MC-229 12-21-1982 13.28.010—13.28.030; 13.28.060
MC-230 12-21-1982 2.50.010
MC-236 12-21-1982 8.81.040; 8.81.050
MC-241 12-21-1982 8.18.010; 8.18.030; 8.18.070
MC-254 3-9-1983 8.15.170; 9.90.010
MC-258 3-28-1983 14.08.27
MC-266 4-21-1983 6.08.090
MC-268 4-26-1983 2.56.001
MC-273 5-23-1983 13.32.010
MC-277 6-8-1983 2.17.020—2.17.070; 2.22.010; 2.22.020; 2.22.040;
2.22.060; 2.45.010; 2.45.070; 5.76.460—5.76.480;
5.76.560
MC-279 6-21-1983 8.18.080
MC-280 6-21-1983 8.18.082
MC-282 6-21-1983 10.52.010; 10.52.020
MC-287 7-7-1983 5.04.030
MC-288 7-7-1983 3.55.180
MC-294 8-3-1983 Ch. 5.08
MC-295 8-3-1983 5.04.075
MC-296 8-3-1983 3.55.180
MC-297 8-4-1983 3.44.050; 3.44.060; 3.44.135; 3.44.144; 3.44.160
Packet Page. 1557
San Bernardino - Parallel References36
MC-298 8-17-1983 13.20.010—13.20.440
MC-302 9-7-1983 5.04.020—5.04.045; 5.04.125; 5.04.155; 5.04.160;
5.04.180—5.04.200; 5.04.240; 5.04.300; 5.04.305;
5.04.365—5.04.410; 5.04.445; 5.04.460; 5.04.465;
5.04.495; 5.04.510; 5.04.525; 5.04.550; 5.04.555;
5.04.565; 5.04.570; 5.04.575; 5.04.585; 5.04.590;
5.84.010; 5.84.020
MC-310 10-25-1983 3.08.020
MC-314 11-7-1983 5.36.060
MC-320 12-6-1983 12.28.060
MC-324 12-6-1983 2.50.010
MC-325 12-6-1983 12.40.010—12.40.140
MC-326 12-20-1983 3.56.060; 3.56.090
MC-330 12-20-1983 3.44.140
MC-331 1-10-1984 3.44.170
MC-337 1-25-1984 3.44.080
MC-338 1-25-1984 1.28.010—1.28.030
MC-339 2-14-1984 5.04.215
MC-342 2-22-1984 3.08.020
MC-344 2-22-1984 2.14.010—2. 14.040; 2.15.010; 2.15.020;
8.18.040—8.18.070; 8.66.020; 8.66.040; 8.66.060;
8.66.070; 10.12.010—10.12.030; 10.16.010—10.16.030;
10.16.060; 10.16.070; 10.16.090; 10.16.200; 10.20.010;
10.24.040; 10.24.190; 10.24.200; 10.28.050; 10.36.010;
10.36.020; 10.44.010; 10.52.060; 12.12.020; 12.12.040;
12.32.050; 12.40.010; 12.40.040—12.40.100; 12.40.120;
12.40.130; 12.44.050; 12.48.030; 12.48.040
MC-345 3-7-1984 2.76.010—2.76.030
MC-349 3-7-1984 12.90.040
MC-352 3-7-1984 9.32.015; 9.32.050
MC-355 3-22-1984 9.49.010—9.49.050
MC-362 4-17-1984 2.76.010—2.76.030
MC-363 4-17-1984 6.08.040
MC-370 5-22-1984 8.60.030—8.69.070
MC-372 5-22-1984 9.90.010
MC-376 6-5-1984 3.55.180
MC-382 6-20-1984 5.04.115—5.04.130; 5.04.150; 5.04.170; 5.04.210;
5.04.225; 5.04.235; 5.04.250—5.04.260; 5.04.340;
5.04.375; 5.04.425; 5.04.430; 5.04.450;
5.04.470—5.04.485; 5.04.515; 5.04.525; 5.04.580
MC-390 7-9-1984 2.58.030
MC-388 7-11-1984 6.12.010
MC-391 7-11-1984 5.56.040
MC-401 8-21-1984 10.16.090
Packet Page. 1558
References to Ordinances 37
MC-402 8-21-1984 8.87.050
MC-404 8-21-1984 9.90.010
MC-410 9-18-1984 1.26.010; 2.64.020; 2.64.040; 2.64.050; 2.64.070;
5.80.220; 8.36.120; 16.16.070
MC-415 10-16-1984 10.16.210
MC-418 10-16-1984 6.03.030
MC-423 11-9-1984 10.44.020
MC-424 12-18-1984 5.76.140
MC-427 1-25-1985 16.16.040; 16.16.050
MC-431 1-25-1985 3.04.010
MC-433 2-5-1985 3.38.040
MC-434 2-5-1985 10.52.020
MC-438 2-19-1985 10.52.020; 10.52.050
MC-452 4-15-1985 3.38.060
MC-449 4-17-1985 10.52.010; 10.52.020; 10.52.040
MC-455 5-13-1985 1.12.010; 1.12.020
MC-460 5-15-1985 2.12.010—2.12.050; 2.28.020; 2.38.120; 3.44.150;
5.04.355; 5.04.370; 5.04.635; 5.20.100; 5.32.120;
5.36.020; 5.36.070; 5.36.090; 5.36.120; 5.44.130; Ch.
5.48; 5.52.020; 5.52.110; 5.56.060; 5.76.030; 5.76.570;
5.76.590; 5.80.230; 5.84.015; 6.01.130; 6.08.020;
6.08.110; 6.11.010; 6.13.010; 8.03.030; 8.06.020; Ch.
8.07; 8.09.020; Ch. 8.12; 8.15.030; 8.15.050—8.15.120;
8.15.140; 8.15.160; 8.15.170; 8.18.030; 8.18.090;
8.48.020; 8.50.040; 8.51.020; 8.54.040; 8.57.030;
8.57.040; 8.57.080; 8.57.090; 8.60.020; 8.60.150;
8.60.070; 8.63.140; 8.66.030; 8.66.080; 8.78.010;
8.78.030; 8.81.070; 8.81.130; 8.84.020; 8.87.020;
8.87.060; 9.04.010; 9.04.030; 9.08.030; 9.12.010;
9.12.030; 9.12.040; 9.16.010; 9.16.020; 9.28.030;
9.32.050; 9.44.030; 9.52.060—9.52.080; 9.56.010;
9.64.030; 9.68.060; 10.12.030; 10.16.010; 10.16.080;
10.16.100; 10.16.140; 10.24.050; 10.24.080; 10.24.120;
10.24.140—10.24.160; 10.24.180; 10.24.200; 10.32.010;
10.32.020; 10.32.060; 10.38.010—10.38.040; 10.44.010;
10.48.020; 10.48.100; 10.56.010; 12.12.050; 12.28.060;
12.28.100; 12.28.110; 12.32.040; 12.32.070; 12.36.030;
12.40.110; 12.40.140; 12.44.030; 12.44.040; 12.44.080;
12.44.120; 12.48.010; 12.48.050; 12.52.040; 12.60.020;
12.68.010—12.68.030; 12.72.050; 12.76.050; 12.80.040;
12.80.050; 12.80.130; 12.80.140; 12.88.010; 12.88.020;
13.20.420; 13.20.440; 13.24.100; 13.24.150; 13.24.230;
13.24.240; 13.24.280; 13.24.420—13.24.440; 13.32.010;
13.36.120; 14.04.040; 14.08.27; 15.36.020; 15.48.110;
15.68.060; 15.74.010
Packet Page. 1559
San Bernardino - Parallel References38
MC-462 5-21-1985 6.03.030
MC-464 7-2-1985 9.90.010
MC-465 7-2-1985 10.24.190
MC-467 7-16-1985 12.94.020
MC-476 9-24-1985 2.56.001
MC-478 9-24-1985 2.56.001
MC-484 11-20-1985 12.16.020; 12.20.020; 12.20.030
MC-486 12-4-1985 5.36.010; 5.36.060
MC-488 12-18-1985 8.63.130
MC-489 1-8-1986 12.76.045
MC-491 1-22-1986 3.04.070
MC-492 1-22-1986 14.08.27
MC-497 2-3-1986 5.76.200
MC-498 2-18-1986 8.36.050; 8.36.080—8.36.100
MC-500 2-18-1986 10.52.020; 10.52.030
MC-502 3-6-1986 5.82.010—5.82.030; 5.82.050—5.82.230
MC-505 3-19-1986 5.82.050; 5.82.160
MC-510 4-22-1986 3.44.135
MC-511 4-22-1986 Ch. 8.75
MC-512 4-22-1986 10.52.020
MC-513 4-22-1986 3.04.010
MC-515 4-22-1986 3.44.140; 3.44.144
MC-519 5-20-1986 5.82.040; 5.82.060
MC-522 5-20-1986 5.04.175
MC-528 7-9-1986 6.08.040; 6.08.130
MC-530 7-22-1986 5.04.030; 5.04.075
MC-535 8-6-1986 5.22.010—5.22.040
MC-541 8-21-1986 10.16.150
MC-542 9-11-1986 15.57.010—15.57.070
MC-547 10-22-1986 10.16.150
MC-548 10-22-1986 5.04.150
MC-556 11-4-1986 3.44.065
MC-571 12-24-1986 13.32.010
MC-574 1-8-1987 10.24.210;
10.24.220
MC-575 1-8-1987 5.52.010; 5.52.100
MC-576 1-8-1987 5.44.040—5.44.060
MC-580 2-4-1987 15.28.170
MC-584 2-17-1987 8.36.160
MC-586 3-23-1987 9.90.010
MC-586 3-26-1987 10.52.010—10.52.050
MC-591 5-13-1987 9.90.010
MC-602 6-2-1987 2.06.020; 3.04.070; 3.04.080
MC-606 9-21-1987 9.90.010
MC-609 9-21-1987 1.12.010
Packet Page. 1560
References to Ordinances 39
MC-607 9-22-1987 15.28.140
MC-608 9-22-1987 3.04.010; 3.04.110
MC-613 12-21-1987 8.01.010—8.01.030; Ch. 8.42; Ch. 8.45 MC-615 1-8-1988 10.52.040
MC-618 2-17-1988 5.72.010; 5.72.020
MC-619 3-8-1988 9.84.020; 9.84.030
MC-623 4-19-1988 8.73.040
MC-624 5-4-1988 2.70.060
MC-625 5-4-1988 6.08.130
MC-631 7-6-1988 2.50.010
MC-635 9-7-1988 9.90.010
MC-636 9-7-1988 8.36.030
MC-638 9-22-1988 3.16.050—3.16.070
MC-639 9-22-1988 6.08.030; 6. 08.040; 6.08.100; 6.08.110 MC-641 11-9-1988 10.16.020; 10.16.150
MC-643 11-22-1988 9.70.030
MC-645 12-7-1988 8.36.050; 8.36.080—8.36.120; 10.16.110 MC-646 12-7-1988 2.06.020; 3.04.070—3.04.090
MC-649 1-4-1989 8.54.030
MC-650 1-19-1989 15.57.010—15.57.070
MC-651 2-7-1989 9.80.010—9.80.060
MC-652 2-20-1989 2.17.040
MC-653 3-16-1989 3.13.030
MC-658 4-19-1989 8.69.010; 8.69.020; 8.69.080
MC-659 5-15-1989 5.76.200
MC-661 6-7-1989 2.36.020; 2.36.030
MC-666 7-17-1989 2.04.020
MC-667 7-19-1989 14.08.27
MC-668 7-19-1989 10.04.025; 10.04.040; 10.04.070; 10.04.095; 10.16.230 MC-670 7-19-1989 15.20.010—15. 20.050; 15.20.070—15.20.110 MC-671 7-26-1989 15.20.010—15. 20.050; 15.20.070—15.20.110 MC-676 9-19-1989 15.08.010—15. 08.050; 15.08.070—15.08.090 MC-679 9-19-1989 15.24.010—15.24.060
MC-681 11-8-1989 3.13.025
MC-682 11-9-1989 15.34.010—15.34.060
MC-683 11-20-1989 1.04.100
MC-684 11-22-1989 9.12.010; 9.12.030; 9.12.040
MC-689 12-8-1989 16.16.010—16.16.070
MC-694 12-18-1989 15.37.010—15.37.090
MC-691 12-19-1989 12.92.010—12.92.090
MC-692 12-19-1989 5.82.020
MC-696 1-9-1990 5.82.060
MC-698 1-9-1990 10.52.040
MC-702 1-27-1990 3.55.180
Packet Page. 1561
San Bernardino - Parallel References40
MC-703 1-27-1990 3.10.010
MC-707 3-19-1990 15.73.010—15. 73.050; 15.73.070—15.73.120 MC-712 3-19-1990 3.44.140; 3.44.144
MC-714 4-2-1990 10.52.020
MC-715 4-2-1990 2.58.010
MC-728 5-8-1990 15.74.010
MC-729 5-21-1990 8.66.050
MC-731 6-4-1990 8.80.802
MC-732 6-18-1990 3.55.180
MC-737 7-16-1990 12.92.080; 12.93.010; 12.93.020
MC-738 8-6-1990 10.16.180
MC-741 9-17-1990 15.20.050
MC-742 9-17-1990 8.36.120
MC-743 10-8-1990 5.04.050; 5.04.051; 5.04.063; 5.04.075; 5.04.220;
5.04.320; 5.24.020—5.24.140
MC-744 10-8-1990 5.04.110; 5.04. 123—5.04.165; 5.04.200; 5.04.210;
5.04.245; 5.04.265; 5.04.270—5.04.285; 5.04.310;
5.04.315; 5.04.325—5.04.355; 5.04.370; 5.04.375;
5.04.385; 5.04.415; 5.04.420; 5.04.455; 5.04.490;
5.04.500; 5.04.504; 5.04.520; 5.04.540; 5.04.545;
5.04.560; 5.04.575; 5.04.595; 5.04.620; 5.20.040;
5.20.160
MC-745 10-8-1990 3.70.010
MC-755 11-21-1990 15.73.050
MC-756 11-21-1990 5.04.076
MC-757 11-21-1990 8.38.010—8.38.040
MC-760 11-27-1990 3.72.010; 3.72.020
MC-762 11-27-1990 10.16.150
MC-766 12-17-1990 17.05.010; 17.05.020
MC-768 3-12-1991 15.57.020; 15.57.030
MC-772 3-12-1991 8.82.010—8.82.060
MC-773 3-12-1991 8.81.010—8. 81.040; 8.81.060—8.81.080;
8.81.100—8.81.130; 8.81.150—8.81.180
MC-774 3-12-1991 10.52.020
MC-778 4-16-1991 12.93.010
MC-781 4-22-1991 15.20.030; 15.20.040; Ch. 15.32; Ch. 15.52; Ch. 15.56; Ch. 15.72; Ch. 17.04
MC-782 5-3-1991 15.20.030; 15.20.040
MC-783 5-6-1991 12.30.010—12. 30.060; 12.40.120; 12.40.130 MC-784 5-7-1991 17.08.010—17.08.060
MC-785 5-21-1991 8.60.120
MC-786 5-21-1991 12.96.010; 12.96.030—12.96.090
MC-788 6-4-1991 8.60.120
MC-795 6-18-1991 8.95.010—8.95.030
Packet Page. 1562
References to Ordinances 41
MC-796 7-2-1991 12.92.010; 12.92.035
MC-797 7-2-1991 9.70.010—9.70.030
MC-803 8-8-1991 2.17.080
MC-804 8-20-1991 8.05.010
MC-805 9-18-1991 3.55.180
MC-807 9-18-1991 Ch. 8.33
MC-809 10-8-1991 5.82.020; 5.82.030
MC-811 11-6-1991 10.24.200
MC 814 12-3-1991 3.44.025
MC-815 12-17-1991 6.01.040
MC-817 1-7-1992 5.04.005—5.04.055; 5.04.063; 5.04.065; 5.04.070;
5.04.071; 5.04.075; 5.04.085—5.04.110; 5.04.125;
5.04.140—5.04.160; 5.04.200; 5.04.210; 5.04.245;
5.04.265; 5.04.275—5.04.295; 5.04.310; 5.04.315;
5.04.335—5.04.385; 5.04.415; 5.04.420;
5.04.495—5.04.504; 5.04.520—5.04.526; 5.04.540;
5.04.545; 5.04.560; 5.04.575; 5.04.595;
5.04.610—5.04.655
MC-820 2-19-1992 3.44.050; 3.44.060; 3.44.065
MC-822 3-9-1992 2.75.010; 2.75.020
MC-824 3-17-1992 3.73.010; 3.73.020
MC-828 4-7-1992 3.75.010; 3.75.020
MC-833 5-19-1992 6.08.100; 6.08.120; 6.08.150—6.08.200
MC-835 6-3-1992 13.32.010
MC-837 6-3-1992 3.44.010
MC-839 6-11-1992 2.02.010—2.02.090
MC-842 7-22-1992 10.52.010—10.52.040
MC-843 7-22-1992 10.16.180
MC-848 9-9-1992 10.52.020
MC-850 9-9-1992 15.37.010—15.37.090
MC-852 11-3-1992 2.56.040; 2.56.070
MC-853 11-3-1992 13.32.010
MC-854 11-17-1992 12.95.010—12.95.030
MC-855 12-23-1992 10.16.180
MC-858 1-12-1993 3.04.010; 3.04.020; 3.04.050; 3.04.070; 3.04.080;
3.04.120
MC-861 2-16-1993 10.52.030
MC-865 3-24-1993 8.90.010—8.90.040; 8.90.060; 8.90.080—8.90.360 MC-866 4-6-1993 9.68.010—9.68.060
MC-867 4-6-1993 8.68.010; 8.68.020
MC-870 4-20-1993 14.08.27
MC-872 5-26-1993 10.52.020
MC-873 5-26-1993 15.12.050—15.12.090
Packet Page. 1563
San Bernardino - Parallel References42
MC-875 6-9-1993 10.16.180
MC-879 6-23-1993 5.76.575
MC-880 6-23-1993 15.20.040; 15.20.080; 15.20.100; 15.28.010; 15.28.020;
15.28.170; Ch. 15.38; Ch. 15.40; Ch. 15.44; Ch. 15.60
MC-883 9-8-1993 2.58.010
MC-884 9-8-1993 5.82.030; 5.82.050
MC-892 1-12-1994 8.65.010—8.65.070
MC-893 1-12-1994 5.82.160—5. 82.180; 5.82.195; 5.82.210 MC-894 1-26-1994 8.65.030
MC-899 3-22-1994 3.44.010; 3.44.120
MC-904 5-18-1994 8.69.090
MC-905 6-8-1994 8.73.040
MC-906 6-21-1994 3.10.010
MC-907 7-6-1994 10.52.030; 10.52.050
MC-930 1-11-1995 15.25.010—15. 25.030; 15.25.080; 15.25.090 MC-931 1-23-1995 9.90.010
MC-934 3-9-1995 2.56.010
MC-935 4-18-1995 5.04.015; 5.04.033; 5.04.100; 5.04.525; 5.04.615 MC-936 4-18-1995 5.04.026
MC-937 5-1-1995 5.04.360
MC-939 6-6-1995 3.44.050; 3.44.060; 3.44.065
MC-943 6-6-1995 5.76.030; 5.76.140; 5.76.230; 5.76.350; 5.76.490;
5.76.540; 5.76.550; 5.76.555
MC-944 6-8-1995 8.90.100
MC-945 6-20-1995 9.90.010; 12.98.010—12.98.040
MC-947 7-12-1995 5.76.030
MC-950 8-22-1995 Ch. 13.16
MC-951 11-8-1995 8.93.010—8.93.030
MC-952 11-8-1995 9.90.010
MC-954 11-21-1995 9.90.010
MC-955 12-19-1995 2.65.010—2.65.060
MC-960 3-6-1996 15.10.020; 15.10.060; 15.10.080
MC-961 3-20-1996 15.73.065
MC-962 3-20-1996 5.82.020
MC-965 4-3-1996 8.60.120
MC-966 4-16-1996 8.60.120
MC-967 5-21-1996 9.68.060
MC-969 6-4-1996 9.04.025
MC-970 6-4-1996 5.22.040, 5.22.050
MC-971 6-4-1996 9.12.030
MC-973 7-5-1996 10.16.160; 10.16.220
MC-976 7-31-1996 5.82.040
MC-978 8-6-1996 9.28.010; 9.28.030
MC-981 9-18-1996 12.90.015; 12.90.140
Packet Page. 1564
References to Ordinances 43
MC-983 9-24-1996 3.04.010
MC-986 12-11-1996 3.05.010—3.05.050
MC-988 12-17-1996 10.52.040—10.52.055
MC-991 2-19-1997 5.04.640
MC-992 4-8-1997 10.52.050
MC-993 4-22-1997 10.16.150
MC-995 6-17-1997 9.68.010—9.68.060
MC-996 6-17-1997 9.69.040
MC-1002 9-15-1997 3.80.010—3.80.060
MC-1004 10-21-1997 12.03.030; 12.03. 060; 12.03.100—12.03.140; 12.03.160;
12.03.170; Ch. 12.04; Ch. 12.08
MC-1005 10-21-1997 9.90.010
MC-1006 11-18-1997 Ch. 3.52; 3.55.180
MC-1010 11-18-1997 13.32.010
MC-1011 12-16-1997 15.73.065
1013 1-13-1998 10.52.030
MC-1012 1-13-1998 13.32.010
MC-1014 1-13-1998 2.17.020
MC-1017 2-4-1998 5.76.070
MC-1018 2-4-1998 15.28.190
MC-1021 5-5-1998 8.90.110
MC-1022 5-19-1998 8.60.010; 8.60.015; 8.60.150
MC-1025 7-7-1998 10.52.020—10.52.040
MC-1026 7-23-1998 3.55.180
MC-1027 9-9-1998 2.04.010; 2.04.030; 2.14.010; 2.14.020; 2.14.031;
2.14.032; 2.14.040; 3.08.020; 3.16.060; 5.04.025;
5.36.050; 5.76.060; 5.80.010; 5.80.080; 8.60.080;
9.90.010; 10.28.050; 12.03.030; 12.03.060; 12.03.070;
12.03.100—12.03.140; 12.03.160; 12.12.020; 12.12.040;
12.28.060; 12.30.010; 12.30.020; 12.40.120; 12.40.130;
12.84.410; 12.84.730; 12.90.090; 12.90.110; 12.92.010;
12.92.030; 12.92.035; 12.92.040; 12.92.040—12.92.070;
12.94.010; 12.94.030; 12.95.020; 12.95.030; 12.96.030;
12.96.040; 12.96.060—12.96.080; 15.08.050;
15.08.070—15.08.090; 15.20.020; 15.20.030; 15.20.050;
15.25.020; 15.34.020; 15.36.010; 15.37.050; 15.48.090;
15.57.020; 15.57.050; 15.37.070; 15.68.020—15.73.050
MC-1029 9-22-1998 15.24.050
MC-1033 11-3-1998 10.52.040
MC-1034 11-17-1998 9.90.010
MC-1037 12-22-1998 8.81.020; 8.81. 070; 8.81.090; 8.81.100—8.81.120 MC-1038 1-12-1999 5.26.070
MC-1039 1-12-1999 5.04.005
MC-1042 3-2-1999 10.52.020; 10.52.040
Packet Page. 1565
San Bernardino - Parallel References44
MC-1043 4-7-1999 10.52.040
MC-1044 4-7-1999 3.38.040; 15.73.065
MC-1045 4-20-1999 3.38.040; 15.73.065
MC-1046 5-5-1999 10.24.190
MC-1049 7-8-1999 9.95.080
MC-1050 7-12-1999 Ch. 5.12; 5.14.160
MC-1051 7-19-1999 Ch. 5.12; 5.14.160
MC-1052 7-19-1999 Ch. 5.12; 5.14.160
MC-1053 8-4-1999 15.12.020—15.12.040; 15.12.100—15.12.140; 15.12.200 MC-1058 9-21-1999 5.14.120
MC-1059 10-5-1999 5.14.120
MC-1064 1-11-2000 10.16.240
MC-1065 3-7-2000 3.44.131
MC-1066 3-7-2000 10.52.030
MC-1067 3-7-2000 10.52.040; 10.52.050
MC-1068 4-18-2000 10.16.270
MC-1069 4-18-2000 8.36.050
MC-1070 4-18-2000 8.36.100
MC-1071 4-18-2000 8.36.120
MC-1072 5-3-2000 10.16.250
MC-1073 5-3-2000 8.60.150; 8.63.140
MC-1075 6-21-2000 2.64.080
MC-1078 8-8-2000 3.44.131
MC-1079 8-23-2000 10.24.190
MC-1082 9-6-2000 10.52.030; 10.52.050
MC-1083 9-6-2000 10.52.030; 10.52.040
MC-1087 9-20-2000 8.69.090
MC-1094 3-21-2001 5.04.500
MC-1099 7-9-2001 3.64.020
MC-1100 7-24-2001 5.14.010; 5. 14.020; 5.14.040; 5.14.050 MC-1107 11-6-2001 10.16.120
MC-1109 12-4-2001 9.84.040
MC-1110 12-4-2001 10.24.190
MC-1111 12-4-2001 10.52.020; 10.52.030
MC-1114 1-8-2002 6.14.120
MC-1116 2-20-2002 10.16.280
MC-1117 3-5-2002 3.44.131
MC-1118 3-19-2002 8.73.040
MC-1119 3-19-2002 8.73.040
MC-1120 3-19-2002 10.52.040
MC-1121 3-19-2002 Ch. 8.72
MC-1122 3-19-2002 8.73.040
MC-1123 4-16-2002 10.52.030
MC-1125 6-3-2002 1.12.010
Packet Page. 1566
References to Ordinances 45
MC-1127 7-16-2002 Ch. 3.54; 3.55.180
MC-1129 8-20-2002 5.14.010; 5.14.050; 5.14.060; 5.14.120; 5.14.160 MC-1131 11-6-2002 10.16.180
MC-1133 11-20-2002 10.24.190
MC-1134 12-4-2002 2.58.010
MC-1135 12-18-2002 14.04.020—14.04.050
MC-1138 2-19-2003 8.60.010—8. 60.130; 8.60.150; 8.60.160 MC-1139 3-4-2003 10.24.190
MC-1143 4-22-2003 9.90.010
MC-1145 6-17-2003 8.68.010
MC-1147 8-5-2003 10.24.230
MC-1148 8-5-2003 9.92.190
MC-1150 9-16-2003 9.92.020
MC-1151 10-8-2003 10.52.020
MC-1152 10-8-2003 12.68.020
MC-1162 1-6-2004 15.10.020; 15. 10.060; 15.10.080; 15.11.080 MC-1163 1-23-2004 15.10.020; 15. 10.060; 15.10.080; 15.11.080 MC-1164 2-3-2004 10.52.030
MC-1166 3-2-2004 8.81.045
MC-1167 3-2-2004 8.80.802
MC-1168 3-8-2004 8.80.802
MC-1170 3-18-2004 12.80.130
MC-1171 4-6-2004 12.80.130
MC-1141 4-22-2004 5.04.497
MC-1172 5-3-2004 5.76.200
MC-1173 5-5-2004 3.44.050; 3.44.060; 3.44.065
MC-1174 7-22-2004 3.13.010—3.13.030
MC-1175 7-22-2004 15.57.030
MC-1176 7-22-2004 10.16.270; 15.25. 010—15.25.050; 15.25.080; 15.25.090 MC-1177 8-17-2004 8.39.130
MC-1180 9-9-2004 12.80.130
MC-1185 10-5-2004 12.80.020
MC-1186 10-5-2004 5.04.360; 9.60.070
MC-1187 10-5-2004 15.24.030
MC-1189 10-19-2004 5.04.495; 5.04.496; 5.04.499
MC-1190 11-2-2004 Ch. 2.41; Ch. 2.44; Ch. 2.47
MC-1194 4-4-2005 8.60.070; 8.60.095; 8.60.130
MC-1194 5-3-2005 8.15.020; 8.15.170
MC-1214 2-22-2006 6.01.020; 6.01.130; 6.01.140; 6.01.190; 6.03.020;
6.03.025; 6.05.020—6.05.050; 6.07.020—6.07.080;
6.08.040; 6.08.070; 6.08.140; 6.08.145; 6.08.220;
6.09.060
MC-1215 2-22-2006 15.12.200; 15.12.300
Packet Page. 1567
San Bernardino - Parallel References46
MC-1216 2-22-2006 13.32.010
MC-1220 3-20-2006 2.06.020; 2.10.040; 2.12.050; 2.14.040; 2.15.020; Ch.
2.16; 2.38.120; 2.54.010; Ch. 2.60; 2.70.060; 2.79.020;
2.81.020
MC-1221 3-20-2006 13.25.070
MC-1222 4-6-2006 Ch. 3.26; 3.27.180
MC-1223 4-18-2006 8.82.050
MC-1224 5-16-2006 9.68.010
MC-1226 6-7-2006 2.02.030; 2.10.040; 2.14.032
MC-1228 7-12-2006 9.96.060
MC-1230 9-6-2006 3.44.050; 3.44.060; 3.44.065
MC-1231 10-3-2006 5.04.525
MC-1232 10-3-2006 Ch. 8.21
MC-1234 10-3-2006 9.90.010
MC-1235 10-3-2006 8.39.020
MC-1238 1-23-2007 3.27.020; 3.27.105; 3.27.110
MC-1241 3-6-2007 6.01.020; 6.01.190
MC-1242 3-20-2007 14.08.27
MC-1246 5-23-2007 8.54.010—8.54.090
MC-1248 6-18-2007 8.82.010
MC-1260 12-4-2007 Ch. 8.35
MC-1261 12-4-2007 15.10.060; 15. 10.080; 15.12.010; 15.74.010 MC-1262 12-18-2007 15.10.060; 15. 10.080; 15.12.010; 15.74.010 MC-1263 2-11-2008 3.44.050; 3.44.060; 3.46.230
MC-1264 2-19-2008 6.04.020; 6. 08.145; 6.08.220; 6.09.020 MC-1266 4-8-2008 15.26.180
MC-1267 4-8-2008 2.01.010
MC-1268 4-22-2008 9.93.190
MC-1269 4-22-2008 8.60.140; 8.60.150; 8.61.040
MC-1270 5-21-2008 9.92.020
MC-1271 5-21-2008 8.02.040
MC-1272 6-3-2008 5.04.015
MC-1273 6-17-2008 5.20.040
MC-1274 7-22-2008 12.92.040; 12.93.010
MC-1275 7-22-2008 3.44.030; 3.44.040; 3.44.065
MC-1279 8-5-2008 9.90.010
MC-1281 8-19-2008 12.03.020; 12.03.055
MC-1282 8-19-2008 5.04.605; 5.19.110
MC-1283 9-3-2008 10.24.190
MC-1287 10-7-2008 9.90.010
MC-1289 11-4-2008 2.01.010; 2.76.040
MC-1292 2-3-2009 15.24.010—15.24.060
MC-1303 4-21-2009 10.16.120
Packet Page. 1568
References to Ordinances 47
MC-1305 5-20-2009 5.82.020
MC-1306 6-2-2009 15.37.010—15.37.090
MC-1307 6-2-2009 8.36.070; 15.28.150
MC-1308 6-16-2009 8.60.095
MC-1309 7-6-2009 15.10.030
MC-1311 8-18-2009 17.06.160
MC-1314 9-22-2009 9.58.060
MC-1318 10-20-2009 2.56.001; 2.56. 010—2.56.090; 2.56.143—2.56.146;
2.56.195
MC-1319 11-16-2009 8.73.010; 8.73.050; 12.80.130
MC-1322 4-20-2010 2.14.010—2. 14.040; 2.15.010; 2.15.020 MC-1324 6-8-2010 Ch. 2.77; Ch. 2.80
MC-1330 8-3-2010 2.73.020; 2.73.030
MC-1335 10-4-2010 13.28.010—13.28.025
MC-1337 11-15-2010 12.32.020; 12. 32.060; 15.10.040; 15.10.080 MC-1339 11-16-2010 Ch. 5.68; 8.14.070
1341 12-1-2010 10.52.050
MC-1343 12-20-2010 8.15.130; 16.18.010—16.18.070
MC-1344 1-11-2011 8.14.070
MC-1352 6-21-2011 2.19.010—2.19.040; Ch. 2.24; Ch. 2.42 MC-1355 7-5-2011 2.15.020; Ch. 2.78
MC-1361 8-2-2011 8.83.010—8.83.060
MC-1363 8-2-2011 5.04.370; 5.04.495
MC-1368 1-9-2012 Ch. 17.07
MC-1371 3-20-2012 15.26.030—15.26.050; 15.26.130
MC-1372 4-17-2012 15.20.020
MC-1373 5-24-2012 15.20.030—15. 20.050; 15.20.070—15.20.110 MC-1376 9-4-2012 1.16.020—1.16.080
MC-1379 10-15-2012 Ch. 15.55
MC-1380 10-17-2012 9.97.010—9.97.030
MC-1382 11-20-2012 10.52.030; 10.52.050
MC-1388 6-3-2013 2.58.010
MC-1390 7-1-2013 8.60.095
MC-1394 12-16-2013 2.57.010
MC-1395 1-6-2014 12.32.020; 12. 32.060; 15.10.040; 15.10.080 MC-1398 4-21-2014 10.24.190
MC-1401 6-2-2014 5.36.010; 5.36.015; 5.36.030—5.36.200
MC-1407 9-15-2014 10.25.010—10.25.060
MC-1410 12-1-2014 10.24.190
MC-1413 4-6-2015 3.04.070; 3.04.080
MC-1414 7-6-2015 5.04.505; 5.04.507; Ch. 5.42; Ch. 12.56; Ch. 12.64;
12.80.040—12.80.120
Packet Page. 1569
San Bernardino - Parallel References48
MC-1415 7-20-2015 9.98.010—9.98.120
MC-1416 8-17-2015 Ch. 16.12
MC-1417 10-5-2015 15.05.010—15.05.290
MC-1418 10-5-2015 2.45.070; 3.64.070; Ch. 3.68
MC-1418 10-5-2015 8.18.060; 8.18.080; 8.18.082; Ch. 8.27; 8.30.010;
8.30.015—8.30.070; 8.38.020; 8.69.080
MC-1419 12-7-2015 9.62.010—9.62.080
MC-1421 4-18-2016 10.52.010—10.52.050; 10.52.055
MC-1422 5-16-2016 2.12.010; 2.12.020; Ch. 2.32; Ch. 15.16 MC-1423 7-5-2016 12.21.010—12.21.070
MC-1425 7-18-2016 12.24.030
MC-1428 9-6-2016 10.52.010—10.52.055
MC-1431 11-10-2016 8.24.010—8.24.110; 8.24. 130; 8.24.140; Ch. 8.24.5; Ch.
8.25 MC-1432 11-23-2016 8.90.050
MC-1433 12-21-2016 15.04.010—15.04.260
MC-1439 4-3-2017 1.08.010; 1.08. 030; 1.08.040; 1.08.060—1.08.090 MC-1440 4-3-2017 2.02.010—2.02.100
MC-1441 4-3-2017 2.01.010
MC-1438 4-17-2017 2.58.010—2.58.100
MC-1445 5-15-2017 8.19.010—8.19.040
MC-1447 6-7-2017 2.50.010—2.50.050
MC-1449 11-1-2017 8.18.010—8.18.090
MC-1451 12-20-2017 15.57.010—15.57.070
MC-1453 1-17-2018 2.56.001—2.56.190
MC-1454 2-7-2018 2.17.010—2.17.110; Ch. 2.18
MC-1455 2-7-2018 2.76.010—2.76.040
MC-1458 2-21-2018 2.17.110; Ch. 2.30; Ch. 2.49
MC-1459 2-21-2018 Ch. 2.31; Ch. 2.40
MC-1460 2-21-2018 Ch. 2.23
MC-1463 2-21-2018 2.19.010—2.19.040
MC-1464 3-7-2018 Ch. 5.05; 5.10.010—5.10.460
MC-1465 3-7-2018 8.97.010—8.97.050; 8.97.070—8.97.160
MC-1466 3-7-2018 8.99.010—8.99.080
MC-1468 3-7-2018 Ch. 2.26
MC-1469 3-7-2018 6.14.010; 6.14.080; 6.14.100—6.14.115
MC-1470 3-7-2018 6.09.010; 6.09.050; 6.09.080
MC-1471 3-7-2018 Ch. 2.34; Ch. 2.39
MC-1472 3-7-2018 5.82.020—5. 82.050; 5.82.090; 5.82.100;
5.82.120—5.82.160; 5.82.180; 5.82.200—5.82.250
MC-1473 3-7-2018 2.22.010—2.22.030; 2.22.050
Packet Page. 1570
References to Ordinances 49
MC-1474 3-7-2018 2.45.010—2.45.070
MC-1475 3-7-2018 2.04.010—2.04.050
MC-1476 3-7-2018 2.08.010
MC-1477 3-7-2018 2.10.020; 2.10.030
MC-1478 4-4-2018 2.58.070; 2.58.110; 2.58.120
MC-1481 4-14-2018 8.90.010—8. 90.060; 8.90.080—8.90.430 MC-1480 4-18-2018 Ch. 2.43; 5.76. 020—5.76.070; 5.76.100; 5.76.110;
5.76.130; 5.76.140; 5.76.160; 5.76.170; 5.76.200;
5.76.210; 5.76.230; 5.76.250; 5.76.260; 5.76.280;
5.76.290; 5.76.310—5.76.340; 5.76.370—5.76.410;
5.76.430; 5.76.440; 5.76.580
MC-1482 4-18-2018 15.37.010—15.37.090
MC-1483 4-18-2018 2.27.010—2.27.060
MC-1484 4-18-2018 3.55.030—3.55.065; 3.55.080; 3.55.090; 3.55.110;
3.55.150; Ch. 3.60; 3.64.010—3.64.070;
5.44.025—5.44.070; 5.44.086; 5.44.100;
8.60.020—8.60.060; 8.60.080; 8.60.090; 8.60.160;
12.32.050; 14.08.08—14.08.12; 14.08.15; 14.08.17;
14.08.19; 14.08.23; 14.08.27
MC-1485 4-18-2018 5.14.160
MC-1486 4-18-2018 Ch. 5.40
MC-1487 4-18-2018 5.52.020; 5.52.070; Ch. 5.60; 5.84.010; 5.84.020 MC-1491 7-5-2018 10.52.020; 10.52.040
MC-1498 7-5-2018 Ch. 2.20
MC-1503 9-5-2018 5.10.010—5.10.460
MC-1504 10-3-2018 2.82.010; 2.82.020
MC-1508 10-17-2018 2.03.010
MC-1501 11-6-2018 5.18.010—5.18.310
MC-1509 11-21-2018 2.03.010
MC-1502 12-5-2018 10.52.020; 10.52.040
MC-1510 12-19-2018 2.03.010
MC-1512 1-10-2019 2.03.010
MC-1511 2-6-2019 2.58.010
MC-1514U 2-20-2019 2.46.010—2.46.130
MC-1515 3-6-2019 2.46.010—2.46.130
MC-1516 5-1-2019 2.02.060; 2.02.080
MC-1517 6-19-2019 5.30.010—5.30.120
MC-1520 6-19-2019 5.36.060; 5.36.110
MC-1519 7-17-2019 5.10.250
2453 8-13-2019 3.12.010—3.12.030; 3.13.010; 3.13.020
Packet Page. 1571
San Bernardino - Parallel References50
MC-1521 9-18-2019 2.45.010—2.45.080; 8.30.015; 8.30.021; 8.30.022;
8.30.026; 8.30.030; 8.30.035; 8.30.041; 8.30.045;
8.36.090—8.36.120; 9.92.170; 9.92.180; 9.92.090;
9.94.010—9.94.140; 15.04.020; 15.04.030;
15.04.050—15.04.080; 15.04.120; 15.05.010—15.05.290;
15.20.090; 15.28.020; 15.28.140; 15.28.150; 15.28.170;
15.28.200—15.28.220
MC-1525 1-15-2020 15.04.020; 15.04. 050—15.04.070; 15.04.210; 15.04.250;
15.05.010; 15.08.050; 15.08.060; 15.10.080; 15.28.150;
15.28.160; 15.36.010; 15.48.040; 15.48.060; 15.48.090;
15.57.020—15.57.040; 15.68.050
MC-1535 5-6-2020 8.60.150; 8. 60.155; 8.61.030; 9.93.020 MC-1541 9-2-2020 5.10.080
MC-1545 10-7-2020 5.30.120; 8.01.010; 8.01.030
MC-1547 10-21-2020 5.10.425
MC-1551 12-7-2020 3.57.010—3.57.120
MC-1552 4-7-2021 2.17.040
MC-1553 2-17-2021 9.92.010—9. 92.180; 9.93.010—9.93.040;
9.93.060—9.93.170; 9.93.200
MC-1558 6-2-2021 2.55.010; 2.55.020
MC-1560 6-16-2021 12.05.010—12.05.110
MC-1563 9-1-2021 9.90.010
MC-1562 9-15-2021 2.28.010; 2.28. 020; 13.08.010—13.08.050; 13.08.055;
13.08.060—13.08.100; 13.08.105; 13.08.110; 13.32.010
MC-1566 12-1-2021 8.24.090; 8.24.095
MC-1567 12-15-2021 1.16.010—1.16.080
MC-1569 2-2-2022 3.04.070
MC-1571 2-2-2022 2.82.010
MC-1573U 2-16-2022 2.55.030
MC-1568 5-4-2022 3.05.010—3.05.050
MC-1576 5-4-2022 15.05.300
MC-1578 5-18-2022 8.60.010; 8.60.030; 8.60.070; 8.60.130; 8.60.170 MC-1595 11-2-2022 2.82.020
MC-1605 2-1-2023 3.04.010—3.04.140
MC-1612 3-15-2023 8.24.050
MC-1596 8-16-2023 9.90.010
MC-1619 10-4-2023 15.27.010—15.27.110
MC-1622 1-17-2024 8.79.010—8.79.770
Packet Page. 1572
References to Ordinances 51
MC-1625 2-21-2024 2.04.010; 2.08. 010; 2.10.010—2.10.040; 2.15.010;
2.15.020; 2.62.020; 2.70.060; 2.83.010; 2.83.020;
3.04.020; 3.04.060; 3.04.080; 3.05.010; 3.05.030;
3.05.050; 3.08.020; 3.16.060; 3.44.050—3.44.080;
3.44.100—3.44.144; 3.44.160; 3.46.020;
3.55.030—3.55.065; 3.55.080; 3.55.090; 3.55.110;
3.55.150; 3.64.050; 3.64.070; 5.10.080; 5.10.130;
5.10.150; 5.10.180; 5.10.230; 5.10.280; 5.10.310;
5.10.360; 5.18.040; 5.30.020; 5.30.040; 5.30.050;
5.30.090; 5.30.100; 5.36.050; 5.44.025; 5.44.030;
5.44.070; 5.44.086; 5.44.100; 5.76.040—5.76.070;
5.76.110; 5.76.130; 5.76.140; 5.76.170; 5.76.230;
5.76.260; 5.76.280; 5.76.290; 5.76.310—5.76.340;
5.76.380—5.76.410; 5.76.580; 5.82.030; 5.82.090;
5.82.150; 8.14.010; 8.18.010; 8.18.020; 8.18.070;
8.60.020—8.60.050; 8.60.080—8.60.095; 8.60.160;
8.81.170; 8.97.100; 12.32.050; 14.08.11; 15.04.150;
15.05.030; 15.20.030; 15.20.050; 15.26.040; 15.27.030;
15.37.045; 15.37.060; 15.37.070; 15.37.090; 15.57.020;
15.57.050; 16.18.010; 17.08.040
MC-1626 2-21-2024 2.58.010
MC-1643 10-2-2024 15.04.020; 15.04. 050—15.04.070; 15.04.210; 15.04.250;
15.05.010; 15.08.050; 15.08.060; 15.10.080; 15.28.150;
15.28.160; 15.36.010; 15.48.040; 15.48.060; 15.48.090;
15.57.020;15.57.030; 15.57.040; 15.68.050
Packet Page. 1573
San Bernardino - Parallel References52
Packet Page. 1574
2 8
9 4
CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 3, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Approve a Professional Services Agreement with Palacios Law Office for Administrative Hearing Officer
services in an amount not to exceed $100,000, for a term of Six (6) Months (All Wards)
Recommendation:
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Professional Services Agreement with Palacios Law Office for Administrative Hearing Officer services in an amount not to exceed $100,000, for a term of six (6) months.
Executive Summary
The Professional Services Agreement with Palacios Law Office secures administrative hearing officer services for the City over a period of six (6) months while staff conduct a Request for Proposals (RFP) for long-term administrative hearing officer services.
Administrative Hearing Officer services are a critical component of City operations as it provides individuals an opportunity to challenge administrative citations and administrative civil penalties issued by various city departments and administrative officers. Funding for these services has been budgeted for utilizing general funds in the City’s general government professional services account and fund for Fiscal Year 2025-2026.
Background
The City has historically maintained a qualified independent administrative hearing officer to address appeals to Administrative Citations and Administrative Civil Penalties (ACP) issued in violation of the San Bernardino Municipal Code (SBMC). Section
9.94.060 of the code provides for due process so that “any aggrieved person may contest an action taken by an administrative officer of the City.” Chapter 9.94 of the code lists the provisions that govern an administrative hearing officer who is responsible for making a final ruling. Section 9.94.050 outlines the independent
Packet Page. 1575
2 8
9 4
manner in which they are required to conduct themselves. In keeping with the municipal code, it is appropriate for the City to periodically replace and/or reselect an administrative hearing officer through a transparent selection process at the end of their agreement.
On February 19th, 2021, in following the City’s standard purchasing procedure, a Request for Proposals (RFP F-21-19) was posted to the City’s online procurement system website Planet Bids. Sixty vendors were contacted (including over 44 City of San Bernardino firms) via email to participate in selection process. Vendors were encouraged to submit a qualifying bid by the submission deadline of April 15th, 2021.
The bidding period was held open for fifty-five calendar days to allow the maximum number for prospective bidders to participate in the RFP and submit questions to staff.
The City received a total of three (3) proposals, two (2) met the RFP minimum requirements, and one did not. Written proposals were reviewed by a selection committee comprised of City staff representing the following departments: Police, Code Enforcement, Business Registration, Animal Services, and the City Attorney’s Office.
After reviewing the written proposals, the selection committee conducted follow-up interviews with the two qualifying proposers. In making a final selection, staff evaluated proposal scores, interview scores, cost, and best fit for the role.
The evaluation panel selected Elio Palacios Jr. of Palacios Law Office in Riverside as the top candidate, and on June 2, 2021, the Mayor and City Council authorized an agreement with Palacios Law Office for four (4) years, in an amount not to exceed $200,000 annually. Palacios Law Office has extensive experience hearing cases from City departments that frequently have matters before the City’s administrative hearing officer. Furthermore, Mr. Palacios’s willingness to conduct fair and impartial hearings on behalf of the City made his firm a top choice. Finally, Mr. Palacios possess strong local experience having served as a Judge Pro Tem for the Counties of San Bernardino and Riverside, and a Hearing Officer for the cities of Perris, Weed, and Indio. The agreement with Palacios Law Office expired on June 2, 2025.
Discussion
To maintain compliance with Municipal Code Section 9.93.090, and the 2002 California Supreme Court decision Haas v. County of San Bernardino, 27 Cal. 4th 1017(due process is violated when a county or city uses an ad-hoc system to select and compensate temporary hearing officers), the City has initiated the process of obtaining long-term administrative hearing officer services and anticipate releasing a Request for Proposals (RFP) in the next sixty (60) days. The City’s current hearing officer is not precluded from submitting a proposal and being reselected.
In the interim, staff recommend approving a six (6) month professional services agreement with Palacios Law Office to ensure there are no gaps in hearing officer services while staff conduct a formal RFP process. The short-term agreement is set to begin on September 3, 2025, and will expire on March 3, 2026. The compensation amount for the six (6) month agreement will be half that of the original agreement,
Packet Page. 1576
2 8
9 4
($100,000), at a rate of $85 dollars per hour. The scope of services and other compensation and expense rates will remain unchanged from the original agreement and are outlined in Exhibit A of the agreement.
At the conclusion of the administrative hearing officer RFP, staff will return to the Mayor and City Council and recommend the execution of an agreement for long-term administrative hearing officer services.
The Agreement with Palacios Law Office is being brought forward for the Mayor and City Council’s approval in accordance with Section 3.04.010 B.3. of the City’s Municipal Code (Attachment 3) and Section V (e) of the City’s Purchasing Policy (Attachment 4).
As outlined in both the Municipal Code and Purchasing Policy, a purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from the City’s Purchasing Policy.
2021-2025 Strategic Targets and Goals
Approval of a Professional Services Agreement with Palacios Law Offices for administrative hearing services aligns with Goal No. 1: Improved Operational & Financial Capacity.
Fiscal Impact
The agreement has a total fiscal impact of $100,000. A budget line item for hearing officer services was included in the Fiscal Year 2025-2026 Operating Budget utilizing general funds.
The total budgeted amount for hearing officer services in the general government professional services account and fund in Fiscal Year 2025-2026 is $250,000.
There is no additional fiscal impact associated with this item.
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve a Professional Services Agreement with Palacios Law Office for Administrative Hearing Officer services in an amount not to exceed $100,000, for a term of six (6) months.
Attachments
Attachment 1 Second Professional Services Agreement
Palacios Law Office
Attachment 2 Original Professional Services Agreement
Attachment 3 Municipal Code Chapter 3.04
Attachment 4 Purchasing Policy
Ward:
All Wards
Packet Page. 1577
2 8
9 4
Synopsis of Previous Council Actions:
December 7, 2015, The Mayor and City Council adopted Resolution No. 2015- 262 authorizing Amendment No. 1 to the agreement with
Jones and Mayer for Hearing Officer Services.
March 7, 2018, The Mayor and City Council adopted Resolution No. 2018-53 authorizing the City Manager to execute a Professional
Services Agreement between the City of San Bernardino and Graves & King LLP for Hearing Officer Services.
June 2, 2021, Professional Service Agreement (PSA) was authorized between the City of San Bernardino, and Palacios Law Office.
Packet Page. 1578
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PALACIOS LAW OFFICE
This Agreement is made and entered into as of September 3, 2025 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Palacios Law Office a Law Firm with its principal place of business at 7121 Magnolia Avenue, Riverside, California 92504 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”
RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:
Hearing Officer Services (hereinafter referred to as “the Project”).
B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
AGREEMENT
1. Incorporation of Recitals. The recitals above are true and correct and are hereby incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
3. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $100,000. Consultant’s rate shall not exceed Eighty- Five Dollars ($85.00) per hour. This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses. This amount is to cover all related expenses with the exception of mileage, and the City will not pay any additional fees for printing expenses.
Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay
Packet Page. 1579
Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion.
Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices.
5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work.
Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement. a. Adjustments. No retroactive price adjustments will be considered and no price increases will be permitted during the term of this Agreement, unless agreed to by City and Consultant in writing.
6. Term. This Agreement shall commence on the Effective Date and continue through March 3, 2026, unless the Agreement is previously terminated as provided for herein (“Term”).
7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed.
Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non- performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to
Packet Page. 1580
resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay. c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies. c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.
14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.
15. Independent Consultant. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding,
Packet Page. 1581
unemployment insurance, and workers’ compensation insurance.
16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent.
(iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
Packet Page. 1582
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
Packet Page. 1583
At all times during the performance of the work under this Agreement, the Consultant shall maintain Aviation and/or Drone Liability insurance for bodily injury and property damage, in a form and with insurance companies acceptable to the City. h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal injury, and
property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and aggregate (ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non- payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
Packet Page. 1584
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
Packet Page. 1585
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
Packet Page. 1586
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).
If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days’ written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all
Packet Page. 1587
costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.
24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.
25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.
26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Elio Palacios Jr. as Project Manager. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:
CITY:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Manager
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:
Elio Palacios Jr.
Palacios Law Office
7121 Magnolia Avenue
Riverside, CA 92504
Packet Page. 1588
30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.
33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
36. Time of Essence. Time is of the essence for each and every provision of this Agreement.
37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.
38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.
39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
Packet Page. 1589
40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.
42. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.
43. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. [SIGNATURES ON FOLLOWING PAGE]
Packet Page. 1590
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND PALACIOS LAW OFFICE
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF SAN BERNARDINO
APPROVED BY:
Eric Levitt
Acting City Manager
ATTESTED BY:
Telicia Lopez, CMC
Acting City Clerk
APPROVED AS TO FORM:
Best Best & Krieger LLP
City Attorney
CONSULTANT
Signature
Elio Palacios
Title
Packet Page. 1591
EXHIBIT A
Administrative Hearing Officer will conduct administrative hearings related to violations of the City's Municipal Code. The Administrative Hearing Officer will also act as the Administrative Law Officer, hearing Administrative Civil Penalty cases. In accordance with the City Municipal Code, the Hearing Officer considers appeals by property owners and individuals pertaining to Administrative Citations issued for violations of the City's Municipal Code. The Administrative Hearing Officer may determine fines, set timelines for completion of certain property maintenance work, and/or make other determinations regarding each case heard. The Administrative Hearing Officer will also act as the Administrative Law Officer hearing cases regarding citations issued under the City's Administrative Citation Process a more aggressive program utilized primarily for more egregious property maintenance violations. The Administrative Hearing Officer shall conduct fair and impartial hearings, hear testimony, issue final orders, impose Civil Penalties, and assess Administrative Costs consistent with the violation. The goal of this process is to gain property owner compliance as quickly as possible, and to recoup the City's code enforcement costs where appropriate.
Scope of Services
a. Administrative Hearing Officer shall work with City to conduct in-person hearings of contested citations. The Administrative Hearing Officer must meet all training, education and other requirements specified in the City’s Municipal Code 9.93.090, which apply to the appointment and qualifications of the Administrative Hearing Officer.
b. Administrative Hearing Officer cannot be currently under contract with the City for other services or be currently involved in any ligation to which the City is a party. c. Administrative Hearing Officer must be able to have the hearing order returned to the City Attorney’s Office within two weeks of the hearing date. The appeal process will be included in the order.
d. The City will provide hearing room to carry out hearings. The location of hearings will be determined by the City.
e. Administrative Hearing Officer must be available to hold hearings biweekly, and on days of the week to be mutually agreed upon by the City and Administrative Hearing Officer. Currently, hearings are being scheduled for Thursdays. Hearings are generally scheduled to last the entire business day. The actual schedule of hearings, including the number of hearings held per day and the hearing length, may vary. f. Administrative Hearing Officer is compensated on an hourly basis and not compensated for travel time. The hourly rate will include overhead expenses such as telephone, photocopy, postage, and related costs. Detail invoices are to be submitted to the City on a monthly basis including the citation number/case number, Hearing date, time incurred and hourly rate.
The employment, performance, evaluation and compensation of the Administrative Hearing Officer are not conditioned on the amount of penalties upheld.
Compensation and Expenses
1. Compensation. CITY agrees to pay, and HEARING OFFICER agrees to accept, as full compensation for the HEARING OFFICER’s services, compensation at the rate of Eighty-Five Dollars ($85.00) per hour until such time as the Agreement
Packet Page. 1592
terminates. In no event shall the terms exceed six (6) months under this Agreement without further written authorization from the Mayor and City Council. This amount is to cover all related costs with the exception of mileage, and the City will not pay any additional fees for printing expenses.
2. City agrees to reimburse round-trip mileage expenses incurred by consultant.
Mileage reimbursement is limited to consultant work address (7121 Magnolia Avenue Riverside CA, 92504) and San Bernardino Administrative Hearing facility (201 North E Street, 3rd Floor, San Bernardino, CA 92401).
Packet Page. 1593
16 Packet Page. 1594
Packet Page. 1595
Packet Page. 1596
Packet Page. 1597
Packet Page. 1598
Packet Page. 1599
Packet Page. 1600
Packet Page. 1601
Packet Page. 1602
Packet Page. 1603
Packet Page. 1604
Packet Page. 1605
Packet Page. 1606
Packet Page. 1607
Packet Page. 1608
Packet Page. 1609
Packet Page. 1610
Packet Page. 1611
Packet Page. 1612
Packet Page. 1613
Packet Page. 1614
Packet Page. 1615
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 1 of 99
PURCHASING GUIDELINES AND
PROCEDURES
Purchasing Division
Precious Carter: Purchasing Division Manager
Contact: [email protected]
Effective Date: April 18, 2023
Packet Page. 1616
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 2 of 99 Table of Contents
SECTION 1: OVERVIEW
Introduction…………………………………………………………………………………………………………………3 Role of the Purchasing Department…………………………………………………………………………….3 Purchasing Values and Principles………………………………………………………………………………..4 Purpose of the Purchasing Manual……………………………………………………………………………..4 Goal………………………………………………………………………………………………………………………….4 -5 Why Policies and Procedures Matter.………………………………………………………………………….5 Code of Ethics………………………………………………………………………………………………………….6 -7 Conflict of Interest………………………………………………………………………………………………………7 Gratuities…………………………………………………………………………………………………………………….7 Definitions and Terms………………………………………………………………………………………….7 – 16
SECTION 2: POLICIES
Policy Definition…………………………………………………………………………………………………………16 The Purpose of Policies………………………………………………………………………………………………16 What Makes a Good Policy………………………………………………………………………………………..16 Purchasing Policy………………………………………………………………………………………………..17 – 41 Purchasing Card Policy (P-Card)………………………………………………………………………….42 – 52 Travel Authority and Expense Reimbursement…………………………………………………..53 - 61
SECTION 3: PROCEDURES
Procedure Definition………………………………………………………………………………………………….62 The Purpose of Procedures…………………………………………………………………………………………62 What Makes a Good Procedure………………………………………………………………………………….62 Exceptions to the Bidding Process……………………………………………………………………….62 - 63 The Purchasing Process………………………………………………………………………………………………64 Telephone Quotes…………………………………………………………………………………..………………….65 Example & Details of a simple quote………………………………………………………………………….66 Response Time from Purchasing Agents…………………………………………………………………….67 Purchasing Dept. Led Bids………………………………………………………………………………….68 - 74 Protest Form and Content…………………………………………………………………………………………..75 Vendor Setup Instructions…………………………………………………………………………………………..76 Purchase Orders (POs)………………………………………………………………………………………………..76 PO Change Order Process……………………………………………………………………………………………77 Furniture Order Process……………………………………………………………………………………………..78 Staples Office Supplies……………………………………………………………………………………………….78 Business Registration…………………………………..…………………………………………………………….78 City of San Bernardino Contract Processing Guidelines………………………………………79 – 87 Justification of Single/Sole Source Request…………………………………………………………88 - 89 City Clerk DocuSign Process…………………………..……………………………………………………….….90 How to Calculate Cost Avoidance/Cost Savings………………………………………………….91 – 92 Certificate of Insurance (COI)………………………………………………………………………………93 - 99
Packet Page. 1617
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 3 of 99 SECTION 1: OVERVIEW
Introduction
The Purchasing Division supports the City Manager, Mayor and City Council, City Departments and Agencies of the City of San Bernardino. The Purchasing Division provides quality goods and services in a timely manner and at the best value for the City.
The Role of the Purchasing Division
A Purchasing Division, also called a procurement division, supports operations by serving as the primary buyer of goods and services in a private sector company, government agency, educational institution, or any other type of organization.
The Purchasing Division serves as a compliance division for the purchasing needs of the City.
The Purchasing Division serves the needs of internal customers by procuring goods and services in a timely manner. The purchasing staff serves the organization’s financial wellness by seeking out and purchasing goods and services at the lowest price and best value.
The Purchasing Division offers procurement services, administers contracts, ensures contract compliance, and manages vendor relationships. Purchasing involves the acquisition of equipment, furnishings, supplies, maintenance services, construction services and contractual services. Purchasing assists departments and/or leads with preparing bid specifications; initiation formal quotes, proposals, and bids, conducting public bid openings, evaluating bids, awarding, and administrating contracts until the final completion or termination of a contract.
The values of the Purchasing Division include Customer Services, Partnership, Innovation, Ethical and Fair Conduct, Professional Values and Transparency. These values assist the Division in fulfilling departments’ obligations while upholding legal requirements and fiduciary responsibilities to the residents of the City of San Bernardino.
Packet Page. 1618
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 4 of 99
Purchasing Values and Principles
• Transparency: Being Open and Honest
• Accountability: taking responsibility of our work
• Ethics: The rules, principles, and standards of deciding what is morally right or wrong when working.
• Impartiality: Acting fairly and equitable in all our dealings
These values and principles influence how suppliers, contractors and vendors interact with the City and they can affect the way in which the press, public, and other government partners view the City. The Purchasing Division acts as a neutral party in purchasing activities. The Purchasing Division doesn’t have an interest in who is awarded a bid. The City’s Purchasing Division presents the facts that are submitted within bid proposals.
Purpose of the Purchasing Manual
The purpose of the Purchasing Guideline and Procedure Manual is to streamline and detail all Purchasing procedures and guidelines. This Manual will assist all departments in following proper procurement procedures and how to have all proper approvals and signature authorities for procuring materials, services, and equipment.
Goal
All purchasing activities are to be conducted in an ethical manner. Department Directors, Division Managers, and all staff members must be aware of their ethical duty as servants of the public trust while spending public funds. The Purchasing Division will provide a purchasing process that implements and maintains the requirements of City Municipal Code 3.04.070.
A. The Purchasing Division has established a program for all Departments to conduct competitive bidding in the open market that will obtain the greatest advantage for the City of San Bernardino.
B. The Purchasing Division has established purchasing processes utilizing ethical standards.
C. The bidding processes established by the Purchasing Division attempts to obtain high quality goods and services at reasonable costs.
TRANSPARENCY ACCOUNTABILITY ETHICS IMPARTIALITY
Packet Page. 1619
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 5 of 99 D. In most instances purchases will be awarded to the lowest most responsible and responsive bidder based on the specifications of the sourcing effort. All services and materials that are released to the public for bidding purposes will adhere to the City of San Bernardino requirements.
E. The established bidding/purchasing processes promote and maintain good relationships with vendors. All City of San Bernardino staff shall conduct themselves in a professional manner, while promoting equal opportunity, fairness and courtesy in vendor relations.
Why Do Policies and Procedures Matter to the City?
• Together, policies and procedures guide our city and reduce risk of liability. They promote consistency across the organization, both for employees and for customers. • Consistency builds a healthy reputation for our city over time, especially regarding employee touchpoints with customers. Another term for this is branding. Consistency builds and protects the City’s brand. Policies and procedures promote Consistency across our City, which builds and protects our city’s brand over time. • Policies can only positively impact our city if they’re followed. The responsibility is twofold:
o Leadership must communicate policies effectively.
o Employees must follow them.
Packet Page. 1620
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 6 of 99 Code of Ethics
A. Avoid Unfair Practices: By granting all competitive suppliers’ equal consideration in so far as State, Federal and City regulations require.
B. Conduct business in good faith: Demanding honesty and ethical practices from all participants in the purchasing process.
C. Decline personal gifts or gratuities: from present or potential suppliers since this can influence or appear to influence procurement decisions.
D. Avoid preferential treatment of certain vendors: Favoritism is the presence of bias or partiality for one vendor over another, or actions that may cause this perception.
E. Promote positive supplier/contractor relationships: By providing vendors with courteous, fair, and equal treatment.
F. Avoid controversy: make every reasonable effort to negotiate equitable and mutually agreeable settlements of controversies with supplier(s).
G. Avoid conflicts of interest: avoid involvement in any transaction/activities that could be considered to be a conflict between personal interest and the interests of the City.
H. Know and obey the letter and the spirit of the law: governing the purchasing function and remain alert to the legal ramifications of purchasing decisions.
I. Enhance proficiency: by acquiring and maintaining current technical knowledge and pursuing related educational opportunities and professional growth.
J. Do not engage in auctioning of bids or quotes: The disclosure of one vendor’s price to another to obtain a lower price is illegal. Prices and other information provided in the purchasing process must not be divulged until made public.
K. Do not engage in back door buying or selling: Unofficial, irregular, devious buying or selling, usually resulting from undue efforts to induce preference for a particular vendor with the intent of limiting competition. Also, evasive actions taken by the seller to circumvent the Purchasing Division and/or City rules/regulations by trying to influence or sell directly to the City’s internal user/customer department.
L. Avoid false information: Employees must take care to avoid providing inaccurate information to vendors during a solicitation process and must not conceal relationships with vendors or other inappropriate purchasing activity.
M. Do not help a bidder with a proposal: Coaching or providing solutions to prepare or improve a proposal is unethical.
N. Avoid leveling: A form of fraud in which a contract is promised to a specific vendor, even though a public solicitation is being pursued for the save of appearances by asking other vendors to submit a bid. This form of collusion is illegal and is a form of price fixing. Procurement professionals and other employees who use leveling will be subject to applicable disciplinary processes and any other investigation by law enforcement agencies.
O. Proper award of contracts and/or purchase orders: Awards should be made to the vendor who receives the highest rating meeting the solicitation requirements (best value). Formal solicitations should state the criteria upon which the evaluation will be based. Criteria may include ability to meet the City’s needs, past performance, references, warranties, services costs, or other measurable specifications that will
Packet Page. 1621
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 7 of 99 eliminate the appearance of an arbitrary or capricious award. Evaluations must be conducted in accordance with criteria established in the solicitation document.
Conflict of Interest
No employee or officer shall purchase goods or services for the City if they have a financial interest in connection to the purchase. No officer or employee shall participate in procurement or make evaluations concerning the purchase of a good or service if they have a relationship or a financial interest concerning the individual or Business seeking a contract from the City. This action would violate Government Code 1090.
Gratuities
All staff and employees are prohibited from accepting gifts, money, kickbacks, rebated goods, or anything that may be construed as an unlawful consideration from individuals or businesses currently engaged in a contract or may be awarded a contract in the future. The offer of such gratuity will result in declaring the individual or business an irresponsible bidder and will prevent the individual or business from bidding.
***PLEASE NOTE*** It is important to keep in mind that, even when no unethical behavior is evident, the appearance of unethical behavior must be avoided. Such behavior erodes public trust and the reputation of the employees, their department, and the city.
Definitions and Terms:
Amendment: An agreed addition to, deletion from, correction, or modification of a document or contract
Annual Purchase Order:
• Annual purchase orders are used for repetitively purchasing from the same vendor for items that are under the $10,000 threshold.
• If an item is purchased that is $10,001 and $40,000, the annual purchase order cannot be used. Three quotes must be obtained.
• The proper procurement process must be followed while using an annual purchase order.
Best and Final Offer (BFOA): This procedure is utilized during the evaluation process after the invitation to negotiate is released and negotiations and presentations have taken place.
Vendors are asked to submit a best and final offer based off this negotiation. Best and final offers, as the name suggest, are a vendor’s final proposal submittal. Typically, best and final offers may include price adjustments, modification to a vendor’s proposed solution and contract terms that differ from standard City contractual language.
“Best Value” Procurement Procedure: A procurement method that emphasizes value over price. 2. An assessment of the return that can be achieved over the useful life of the item, e.g., the best combination of quality, service, time, and price.
Packet Page. 1622
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 8 of 99
For specialized goods, nonprofessional services, and non-public improvement work, the Purchasing Division may approve the use of the “Best Value” method.
The “Best Value” Method takes into consideration the lowest cost, qualified bidder with the quantity and scope needed. This method utilizes the request for proposal solicitation which includes specifications and evaluation criteria and allows the vendor to determine the way in which they will best meet the City’s needs. “Best Value” Procurement must be approved by the Purchasing Division prior to the solicitation of any proposals.
Quality and performance considerations will also be given, as well as price of goods, services, or non-public project implementations.
Criteria for “Best Value” Performance shall include but not be limited to the following:
a. Ability, Capacity, and skill of the vendor to provide the required goods and services of the City within the time period required.
b. Character, integrity, reputation, judgement, experience, and efficiency of the proposer. c. Quality of performance of work performed by the vendor from previous purchases. d. Ability of the proposer to provide future maintenance, repairs parts and services for the use of goods and services.
e. Performance of the vendor under past contracts with the City. f. Possession of required licenses and insurance documents, and endorsements for the City as needed to supply goods and services.
Bid: The response submitted by a bidder to an invitation for Bids (IFB).
Bid Bond: An insurance agreement, accompanied by a monetary commitment, by which a third party (the surety) accepts liability and guarantees that the bidder will not withdraw the bid. • P lease Note: The purchasing agent may require a bid bond to accompany a bid. A bid bond should be no more than 10% of the total bid. The City Manager shall establish standards for determining under what circumstances a bid bond is required. City Council and the City Manager have the authority to require a performance bond if they find it necessary in order to protect the City and its interest.
Certificate of Insurance (COI): is a document from an insurer to show you have business insurance. This is also called a certificate of liability insurance or proof of insurance. With a COI, your clients can make sure you have the right insurance before they start working with you. • P
lease Note: Sample COI located at the end of Purchasing Guidelines and Procedures.
Change Order: A written modification or amendment to a contract. You can also look at phrases such as: Amendment, Modification, Authorized Deviation, Change Order Authority, Contract Modification.
Change Order Authority: The power of right of a public entity to unilaterally modify a contract without the express consent of the contractor.
Packet Page. 1623
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 9 of 99 Commodity: Something useful that can be turned into a commercial advantage; anything that can be purchased, processed, or resold. Examples – paper, furniture, fasteners.
Completion or Performance Bond: An instrument executed, subsequent to award, by successful bidder that protects that public entity from loss due to the bidder’s inability to complete the contract as agreed. A risk mechanism that secures the fulfillment of all contract requirements. May be referred to as a completion bond.
Consultant: A person or company that possesses unique qualifications that allow them to perform specialized advisory services usually for a fee.
Consultant Services Agreement (CSA) or Vendor Service Agreement (VSA): A written contract between the City and a vendor, stating all terms and conditions of a proposed transaction or service.
Contract: 1. An obligation, such as an accepted offer, between competent parties upon a legal consideration, to do or abstain from doing some act. The essential elements of a contract are an offer and an acceptance of that offer; the capacity of the parties to contract; consideration to support the contract; a mutual identity of consent; legality of purpose; and definiteness. 2. A legally binding promise, enforceable by law. 3. An agreement between parties with binding legal and moral force, usually exchanging goods or services for money or other considerations.
Cost Avoidance: Action that avoids incurring costs in the future, also known as “soft savings” and, therefore, not reflected in financial statements.
Cost Savings: A realized and measurable reduction in material, resource, or labor expense(s) associated with the production and delivery of an item or service. Primarily associated in the manufacturing of an item; interchangeably used to indicate a lower price paid by the buyer form what was previously paid.
Cooperative Procurement (Purchasing): 1. The action taken when two or more entities combine their requirements to obtain the advantages of volume purchases, including administrative savings and other benefits. 2. A variety of arrangements, whereby two or more public procurement entities purchase from the same supplier or multiple suppliers using a single Invitation for Bids (IFB) or Request for Proposals (RFP). Cooperative procurement efforts may result in contracts that other entities may “piggyback.”
Department of Industrial Relations (DIR): A department of the State of California, which is a regulatory agency for various functions, including enforceability of SB854, which now requires public works contractors subject to prevailing wage requirements to register annually with the Department of Industrial Relations and pay and annual fee. Beginning effective September 1, 2021, the City of San Bernardino will accept public works bids from only those contractors and subcontractors who have complied with this requirement. Please refer to the DIR website:
Packet Page. 1624
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 10 of 99 https://www.dir.ca.gov/Public-Works/Contractor-Registration.html Disadvantage Business Enterprise (DBE): For profit small business concerns where socially and economically disadvantaged individuals own at least a 51% interest and also control management and daily business operations. Usually is certified as a DBE entity in the United States by the government of the State in which it is located.
Emergency: A sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as defined by California Public Contract Code Section 1102.
Emergency Purchase: A purchase made as the result of an unexpected and urgent request in which health and safety, or the conservation of public resources is at risk. Usually, formal competitive bidding procedures are waived, modified, or simplified. The City’s Municipal Code allows for Emergency Purchases under §3.04.070.
Encumbrance: The appropriation of funds to purchase an item or service. To encumber funds means to set aside or commit funds for specified future expenditure.
“Environmentally Preferable” (Per Calrecycle): the Procurement of goods and services that have a reduced impact on human health and the environment compared to competing products serving the same purpose. It is an essential part of the search for high quality products and services at competitive prices.
Formal Bid: A bid that must be submitted in a sealed format and in conformance with a prescribed format to be opened in public at a specified date and time. • This type of format is generally used in the Public Sector for Public Works bid projects, usually called a Request for Bid (RFB)
General Services: furnishing of labor, time, or effort by a contractor for non-professional services as the city may, from time to time, find necessary and proper for the functioning of the City. Examples include, but are not limited to, janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background, or training.
Goods: any and all supplies, materials, articles, equipment, apparatus, vehicles, things, or property, other than real property, furnished to be used by the City.
Informal Bid/Proposal: A competitive bid, price quotation, or proposal for supplies or services that is conveyed by a letter, fax, e-mail, or other manner that does not require a formal sealed bid or proposal, public opening, or other formalities. Generally relegated to requirements that may be considered low value or fall under a stipulated price/cost threshold.
Packet Page. 1625
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 11 of 99 • Please Note: For the City, most bids conducted in this manner would be considered “Formal” as long as the actual proposal(s) are not viewed until the bid deadline date and time.
Key Performance Indicators (KPIs): Refer to a set of quantifiable measurements used to gauge a company’s overall long-term performance. KPIs specifically help determine a company’s strategic, financial, and operational achievements, especially compared to those of other businesses within the same sector.
Local Vendor: According to the City’s Municipal Code §3.04.100 Local Bidders, “local” is defined as having “(1) fixed facilities with employees within the City of San Bernardino’s jurisdiction (a PO Box or residential address is insufficient unless it is a home-based business, in which case the residential address may be used) and (2) an appropriate City of San Bernardino Business License.”
Lowest Responsive and Responsible Bidder: The Bidder who fully complied with all of the bid requirements and whose past performance, reputation, and financial capability is deemed acceptable, and who has offered the most advantageous pricing or cost benefit, based on the criteria stipulated in the bid documents.
Local Vendor Preference: An y formal or informal bid submitted by a local bidder for goods or materials, shall receive a five percent (5%) credit for comparison purposes with other bidders. A five percent (5%) credit for comparison purposes shall be used for bidders of services.
Municipal Code §3.04.100
Maintenance Services: The furnishing of labor, time, or effort by a contractor, including but not limited to:
• Routine, recurring, and usual work for the preservation or protection of a publicly owned, or publicly operated facility for intended purposes.
• Minor repainting.
• Resurfacing streets and highways at less than one inch. • Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and • Other similar services that are generally classified as maintenance and not public projects.
Penalty Charge: A clause in a contract specifying the sum of money to be paid if the contractor defaults on the terms of the contract, particularly with respect to time.
Penalty Clause: P unitive language inserted in a competitive solicitation that details what action will be taken if the contractor does not perform in a satisfactory manner. (ISM, 2000)
Packet Page. 1626
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 12 of 99 Pre-Bid/Pre-Proposal Conference (Meeting): A meeting held by the buyer with potential bidders/proposers prior to the opening of the solicitation for the purpose of answering questions, clarifying any ambiguities, and responding to general issues to establish a common basis for understanding all of the requirements of the solicitation. May result in the issuance of an addendum to all potential providers. In certain situations, a mandatory conference may be advisable.
Pre-S olicitation Conference (Bidders or Suppliers Conference): An informal, typically non- mandatory, meeting inviting comments and suggestions from a representative group of suppliers on the draft of a proposed solicitation; this conference provides useful market analysis information to the buyer; usually used for solicitation involving high technology or complex services.
Prevailing Wage: t he average wage paid to similarly employed workers in a specific occupation in the area of intended employment.
o Per www.dir.ca.gov. When the Director of the California Department of Industrial Relations determines that the general prevailing rate of per diem wages for a particular craft, classification, or type of work is uniform throughout an area, the director issues a determination enumerated county by county, but covering the entire area. General determinations are issued twice a year, February 22 and August 22nd.
Price: 1 . A value placed on an object or service provided by a seller to a buyer. 2. The money value of a unit of a good, service, or resource. 3. The total amount, in money or other consideration, to be paid or charged for a commodity normally includes all costs (direct labor, overhead, materials) a profit or fee.
Piggy-back (Piggyback Cooperatives Contracts or Government Contracts): A form of intergovernmental cooperative purchasing in which an entity will be extended the pricing and terms of a contract entered into by a larger entity. Generally, a larger entity will competitively award a contract that will include language allowing for other entities to utilize the contract which may be to their advantage in terms of pricing, thereby gaining economies of scale that they normally would not receive if they competed on their own.
Professional Service: A service rendered by member(s) of a recognized profession or possessing a special skill. Such a service is generally acquired to obtain information, advice, training, or direct assistance. See also: Nonprofessional Service.
Public Works (PW): Ac cording to Labor Code 1720, construction, alteration, demolition, installation, or repair work done under contract and paid for the whole or in part out of public funds, except work done directly by any public utility company pursuant to order of the Public Utilities Commission or other public authority. For purposes of this paragraph, “construction”
Packet Page. 1627
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 13 of 99 includes work performed during the design and preconstruction phases of construction, including, but not limited to, inspection and land surveying work, and work performed during the post construction phases of construction, including, but not limited to, all cleanup work at the jobsite. “Installation” includes, but is not limited to, the assembly and disassembly of modular and/or affixed modular office systems.
Protest: A written objection by an interested party to a solicitation or award of a contract with the intention of receiving a remedial result.
Purchasing Agent: Individual who acts on behalf of any entity, such as a corporation, partnership, or any level of government as that entity conducts business. See also: Law of Agency, Principal, Buyer, General Agent, Special Agent.
Purchase Order: A purchaser’s written document to a supplier formalizing all terms and conditions of a proposed transaction (e.g., description of the requested items, cost of items being purchased, delivery schedule, terms of payment, transportation).
A purchaser’s written document to a supplier formalizing all the terms and conditions of a proposed “single” transaction, such as a description of the requested items, cost of items being purchased, delivery, schedule, terms of payment, and transportation. Purchase orders are only to be made by the Purchasing Division, except in the case of small purchases or in the case of an emergency. No employee is to request the delivery of goods or services without the issuance of a purchase order.
o Please note that a small purchase is a purchase that is less than or equal to $10,000.
Purchase Order (Stand Alone): This type of transaction is not connected to a contract in any way. Stand Alone POs are created for one-time purchases, usually for equipment and materials.
Stand Alone POs have their own terms and conditions. Once signed by the recipient it is a legally binding contract.
Purchase Order (Assigned to a Contract): T his type of transaction is connected to a contract.
The terms and conditions along with the expiration date of the contract extend to the Purchase Order. Purchase Orders that are contract specific/related should not be drafted beyond the expiration date of the contract that it is attached to. If the contract is extended, then the PO can be extended. If the contract expires, the PO cannot be extended beyond the expiration date of the contract.
Purchase Requisition (PR): A document created by a requestor authorizing the commencement of purchasing transaction. This typically will include a description of the need and other information that is relative to the transaction. A requisition may be submitted in hard copy or via eProcurement software.
Packet Page. 1628
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 14 of 99
Quote: An informal purchasing process which solicits pricing information from several sources.
A price quote in general delivers a fixed price for a product or service. It is given to a customer by a supplier and can be either written or verbal. The quoted price is only valid for a certain period of time and can’t be changed once the client accepts it. • What isn’t a price quote:
• A screen print from a vendor’s website.
• A price taken from a newspaper or magazine advertisement. • A price paid from a previous product. Pricing changes over time. It mustn’t be assumed that the price of the product is the same as previously quoted. • A verbal price given without written confirmation and/or follow-up.
Requisition: An internal document by which a using agency sends details of supplies, services, or materials required to the Purchasing Division.
Request for Comments (RFC): A document generated prior to an authorized procurement in order to request feedback from the contracting community or potential Proposers/Bidders, to seek information about a product or service in order to assist in the finalization of technical specifications, design specifications, or a statement of work.
Request for Information (RFI): A non-bi nding method whereby a jurisdiction publishes via newspaper, internet, or direct mail its need for input from interested parties for an upcoming solicitation. A procurement practice used to obtain comments, feedback, or reactions from potential responders (suppliers, contracts) prior to the issuing of a solicitation. Generally, price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc.
Request for Proposal (RFP): T he document used to solicit proposals from potential providers (Proposers) for goods and services. Price is usually not a primary evaluation factor. Provides for the negotiation of all terms, including price, prior to contract award. May include a provision for the negotiation of best of final offers. May be a single or multi-step process. This format of bidding was introduced in the Armed Services Procurement Act of 1962 as wells as by the Competition in Contracting Act of 1984.
Request for Qualification (RFQual): A document that is issued by a procurement entity to obtain statements of the qualifications of potential responders (development teams or consultants) to gauge potential competition in the marketplace, prior to issuing the solicitation.
Request for Quotation (RFQ): P urchasing method generally used for small orders under a certain dollar threshold. A request is sent to suppliers along with a description of the commodity or services needed and the supplier is asked to respond with price and other
Packet Page. 1629
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 15 of 99 information by predetermined date. Evaluation and recommendation for award should be based on the quotation that best meets price, quality, delivery, service, past performance, and reliability.
Single Source: A Single Source is a procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available. A department must demonstrate in writing, to the Purchasing Agent that the purchase can only be obtained from a single source. The Purchasing Agent is satisfied with the price and the terms and conditions negotiated, for single source goods and services greater than $10,000 and less than or equal to $100,000; this will require approval by the Purchasing Agent. Approval for a single source procurement in excess of $100,000 requires approval by the City Council.
Sole Source: So
le Source is used only when there is only one qualified company that has developed a patented or copyright product or service; when the product or service is required immediately due to a pressing emergency; or it is not in the public’s interest to hold a competition. Examples would be (rights to data, copyrights, or patents, proprietary interest, or secret processes) to the manufacturing of the good or service. The word “sole” means only one.
A sole source must meet certain requirements:
a) Is the commodity or good or service the only of its kind? b) The commodity is available from one, and only one source.
Specifications: A precise description of the physical characteristics, quality, or desired outcomes of a commodity to be procured, which a supplier must be able to produce or deliver to be considered for award of a contract.
Splitting Purchases: T
o divide a purchase into two or more parts in order to avoid the requirements of the Purchasing Policy in Municipal Code 3.04. This action is strictly prohibited by the Code. Municipal Code § 3.04.090: It shall be unlawful to split or separate into smaller purchases, a purchase so as to bring the purchase within the provisions of any exemption or less stringent procedure provided herein.
For example, procurement cards may be used to make single purchases without quotes for up to $10,000. An employee makes three purchases of $9,000 on their p-card for materials for an event, rather than getting bids. Their total spend is $27,000. When the Finance Department later audits p-card charges, they identify these charges as a split purchase that not only violated City Policy and Municipal Code but is illegal.
Surplus: 1. An overstock situation that occurs when the quantity of goods on hand exceeds the quantity of goods needed. The overstocked goods may be returned to the supplier, sold at
Packet Page. 1630
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 16 of 99 auction, or disposed of in a method acceptable to the entity. 2. The goods or materials that are obsolete or no longer needed by the agency and are designated for disposal. Surplus becomes available for disposal outside of the entity due to an unforeseen situation that affects the use of the item (for example, chairs or desks that have been replaced with new items). Disposal of surplus is governed by Municipal Code § 3.04.080.
SECTION 2: POLICIES
Policy
A set of general guidelines that are outlined by the City for talking about certain situations/issues.
The Purpose of Policies
To communicate city values, philosophy, and culture. Effective policies also lay the foundation for a healthy work culture. Maybe you’ve seen firsthand how policies influence culture, communicate expectations to employees, and guide day-to-day operations. Also, maybe you’ve seen the adverse effect of neglected policies.
What makes a good policy?
• Clear, concise, and simple language
• Policy explains the rule, not how to implement the rule (That is what Procedures are for and that is what the purchasing manual does.)
• Policies easily accessible by staff at all times.
• Represents a consistent, logical framework.
Packet Page. 1631
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 17 of 99
City of San Bernardino
Administrative Policy
Purchasing Policy and Procedures Guide
Subject: Purchasing Policy and Procedures Guide
Purpose:
To set forth the policies governing procurement and contracting and to establish certain procedures concerning authorization, documentation, and expenditure for Agencies, Departments, and the City Manager of the City of San Bernardino. The City of San Bernardino has a goal of ethical and fair procurement, and open competition. This Purchasing Policy and Procedures Guide outlines procedures in compliance with Chapter 3.04 of the San Bernardino Municipal Code.
Authority: Resolution No. 2023-020
Scope:
Unless otherwise stipulated herein, this policy applies to all City Employees and Elected Officials making purchases on behalf of the City of San Bernardino. All such employees and officials shall comply with the provisions outlined in this policy. The purpose of any required documentation is to ensure transparency and provide sufficient evidence to anyone who reviews bids, proposals, and/or other purchasing materials that public funds were expended in compliance with this Purchasing Policy and Procedures Guide , San Bernardino Municipal Code, and applicable State and Federal law.
Exemption from Scope
None
Packet Page. 1632
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 18 of 99
TABLE OF CONTENTS
Section Page
I. Introduction 3
II. Purchasing Expenditure and Approval Thresholds 6 III. Informal Procurement 7
IV. Competitive Procurement 7
V. Exemptions 8
VI. Protest Procedures 9
VII. Federal Emergency and Grant Procurement Procedures 10 VIII. Contracting 19
IX. Surplus Supplies and Equipment 20
X. Ethical Standards and Fair Processes 21
Exhibit A – Expenditure and Authorization Threshold Reference 24 Exhibit B – Contracting Guide 25
Packet Page. 1633
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 19 of 99 I. INTRODUCTION
(a) Purpose
Chapter 3.04 of the San Bernardino Municipal Code provides for the administration of the City’s procurement processes, including the establishment of Purchasing Policy and Procedures Guide (“Policy”). The purposes and objectives of this Policy are:
1. To ensure compliance with all current laws and regulations
2. To promote transparency of the City’s procurement activities
3. To establish standardized, cost-effective, and efficient purchasing methods
4. To ensure continuity of City operations
5. To promote fair competitive processes
6. To maintain integrity and fairness
7. To support the City’s mission and serve the best interest of the public This Policy shall not apply to the procurement of Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters 12.20, 12.21 and 12.24 of the San Bernadino Municipal Code.
(b) Definitions
In construing the provisions of this Policy, the following definitions shall apply:
Cooperative Purchasing – Cooperative purchasing is an arrangement in which multiple entities combine their buying requirements onto a single contract and aggregate volume to enhance their purchasing power.
Emergency – A
sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services as defined by California Public Contract Code Section 1102.
Emergency Purchase – A
purchase or procurement of supplies, equipment or services made during an emergency as defined under Section VI(A) and MC 3.04.070.
General Services - fu rnishing of labor, time, or effort by a contractor for non-professional services as the City may, from time to time, find necessary and proper for the functioning of the City. Examples include, but are not limited to, janitorial, uniform cleaning, maintenance and other services which do not require any unique skill, special background or training.
Goods - an
y and all supplies, materials, articles, equipment, apparatus, vehicles, things, or property, other than real property, furnished to be used by the City.
Local Business – T he vendor (i) has fixed facilities with employees located at a business address within the City of San Bernardino city limits (a PO box or residence is insufficient); and (ii) has an appropriate City business license/permit, pursuant to MC 3.04.100.
Lowest Responsive, Responsible Bid – A bid from a responsible bidder, defined as a bidder qualified to do the solicited work, that conforms in all materials respects to the solicitation, and is the lowest price among qualified, responsive bids.
Packet Page. 1634
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 20 of 99 Maintenance Services - the furnishing of labor, time or effort by a contractor, including but not limited to:
• Routine, recurring, and usual work for the preservation or protection of a publicly owned, or publicly operated facility for intended purposes; • Minor repainting;
• Resurfacing streets and highways at less than one inch; • Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems; and
• Other similar services that are generally classified as maintenance and not public projects.
Piggyback – (See Cooperative Purchasing).
Professional Services - services provided by a person, company, corporation, or firm engaged in a profession based on a generally recognized special knowledge, skill, license, and/or certification to perform the work including, but not limited to, the professions of accountant, attorney, artist, architect, landscape architect, construction manager, engineer, environmental consultant, dentist, physician, training or educational consultant, or land surveyor, and whose services are considered distinct and unique.
Protest – A
protest is a challenge to the award or proposed award of a contract for the procurement of goods and/or services, or a challenge to the terms of a solicitation for such a contract.
Purchase Order (PO) – A purchase order, or PO, is an official document issued by the City committing to pay a vendor for the sale of specific products or services to be delivered in the future.
Purchasing Agent – A n employee who purchases materials and supplies and solicits bids on behalf of the City.
Request for proposal (RFP) – A request for proposal (RFP) is a document that solicits firms to submit a proposal to perform the scope of work associated with a proposed project. Cost is not the sole basis for selection in an RFP; other qualifications including experience, turnaround time and approach to work are important factors when evaluating proposals. RFPs are project specific, and preparation requires general knowledge of the project. It is expected that interested parties would do a limited amount of work to develop a quality proposal.
Request for Qualification (RFQual) – A
request for qualifications (RFQual) is a document that
solicits firms to submit information about their qualification and capabilities to perform the type of work associated with a proposed project. The preparation of an RFQual generally does not require specific project knowledge or scope. An RFQual may be used as a pre-qualification step to engaging a service provider. If an RFQual is required, only those candidates who successfully respond to it and meet the qualification criteria will be included in the subsequent RFP process.
An RFQual will contain specific reference to selection criteria.
Request for Quote (RFQ) – A formal or informal solicitation of price quotes.
Services - either general services, maintenance services, or professional services.
Packet Page. 1635
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 21 of 99 Sole Source – A sole source purchase means that only one supplier, to the best of the requester's knowledge and belief, based upon thorough research, can provide the required product or service.
Surplus Supplies and/or Equipment – C ity owned materials, supplies and/or equipment deemed to be no longer useful or otherwise obsolete. See MC Section 3.04.080.
(c) Organization
The Purchasing Division is part of the Finance Department, which is responsible for carrying out written administrative procedures adopted by the City Council related to procurement (M.C. § 3.04.020). (i) Purchasing Division.
The Purchasing Division is responsible for the oversight and internal control related to procurement and purchasing including, but not limited to:
i. Ensuring compliance with Chapter 3.04 of the San Bernardino Municipal Code and this Policy.
ii. Developing technical review matrices for proposals
iii. Carrying out the initial review of Bids/Proposals
iv. Verifying that all legal and other required internal reviews are completed
v. Ensuring that departments are using the correct contract templates vi. Opening sealed bids
vii. Certification of Sole Source Procurements
viii. Managing the City’s Disadvantaged Business Enterprise (DBE) and Small Business Enterprise (SBE) Program and reporting results to City Management and the Mayor and City Council.
(ii) Purchasing Division Manager (“Purchasing Manager”).
The Purchasing Manager is a critical internal control position. While not empowered to make purchases directly, the Purchasing Manager ensures that the City complies with applicable procurement law, grant funding requirements, the San Bernardino Municipal Code and this Policy. The Purchasing Manager is responsible for internal control and compliance related items including, but not limited to:
i. Reviewing selection of vendors for compliance with open and fair competition
ii. Responding to any bid protests
iii. Reviewing the DBE and SBE program including verifying affirmative steps and auditing results
iv. Reviewing contracts before they are submitted for final signatures
Packet Page. 1636
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 22 of 99 v. Periodic audits for compliance with applicable law, the San Bernardino Municipal Code and the Policy
II. PURCHASING EXPENDITURE AND APPROVAL THRESHOLDS
(a) Purchasing Requirements by Expenditure Threshold
(i) Purchases up to $10,000 (Micro-Purchases):
1. Purchases up to $10,000 may be purchased using a Procurement -Card (“P-Card”) or through a check request.
2. No formal bids or quotes are required.
3. Purchases of $10,001 and over shall not be divided into multiple smaller purchases or invoices to circumvent required procedures. This is “split purchasing” and is unlawful and a violation of the Policy and the San Bernardino Municipal Code. (M.C. § 3.04.090).
(ii) Purchases Between $10,001 and $40,000 (Small Purchases):
1. Purchases in this category are processed informally through the simplified process outlined in Section III of this Policy and may be processed directly by the department making the purchase.
2. Competitive Bidding may be used for purchases under $40,000 at the discretion of the Agency or Department Director.
(iii) Purchases Above $40,000:
1. Purchases in this category are subject to competitive bidding or competitive selection outlined in Section IV of this Policy, depending on the type of purchase (formal procurement procedures).
2. Reporting. All contracts in this category signed by the City Manager, Agency Directors, Directors and/or their designees shall be reported (in list form) to the Mayor and City Council at each Regular City Council meeting during the City Manager Update.
(b) Purchasing Authority by Expenditure Threshold
(i) Purchases up to $50,000:
1. Purchases in this category may be authorized and signed by Agency/Department Directors and/or the City Manager or their designee.
(ii) Purchases between $50,001 and $100,000:
1. Purchases in this category may only be authorized and signed by the City Manager or the Assistant City Manager with prior written authorization from the City Manager in the City Manager’s absence. (iii) Purchases over $100,000:
1. Purchases in this category may only be authorized by the Mayor and
Packet Page. 1637
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 23 of 99 City Council.
III. INFORMAL (SIMPLIFIED) PROCUREMENT PROCESS
Purchases for goods, services, and materials that are subject to the informal procurement process may be processed through vendor quotations as follows:
(a) Three (3) written quotes should be obtained.
(b) Departments shall strive to obtain written price quotes from three or more potential contractors or suppliers and accept the quote which is determined to be in the best interests of the City. Written price quotes shall be retained and provided as backup for the purchase requisition. If unable to obtain a minimum of three (3) price quotes, staff shall document that reasonable efforts were made to obtain price quotes or proposals including, that there were no other vendors to solicit price quotes or proposals from or that they solicited to other vendors and one or more declined to provide a quote or proposal.
(c) Award shall be made to the best qualified vendor presenting a quote or proposal that is in the City’s best interests. For purchases subject to the informal procurement process, criteria other than price may be used. For example, delivery time, quality, and vendor experience may impact the selection of quotes. If using criteria other than price, the criteria should be stated somewhere on the quote documentation for audit purposes.
(d) Contracts for the purchase of professional services shall be awarded to the best qualified vendor on the basis of demonstrated competence and professional qualifications. While a reasonable price is always a consideration in selecting a vendor, it cannot be the sole factor in selecting a vendor for professional services.
IV. FORMAL PROCUREMENT PROCESS
(a) Purchases for goods, services, and materials that are subject to the formal procurement process shall be processed utilizing an RFP, RFQual or RFQ process as described in this Section. The RFP, RFQual or RFQ process shall be utilized to engage services on the basis of demonstrated competence and qualifications for the types of services to be performed and at fair and reasonable prices to the City. The following minimum guidelines and procedures shall be implemented.
(i) Notice Inviting RFQs or RFPs. At a minimum, the notice inviting RFQs, RFQuals or RFPs shall: (1) describe the project; (2) state how to obtain more detailed information about the project; (3) state the date, time and place for the submission of qualifications or proposals; (4) describe general parameters for evaluation and selection; and (5) include any other information required by state or local law.
(ii) P
ublished Notice. City staff shall solicit RFQs, RFQuals or RFPs via published notice in a newspaper of general circulation and/or the City’s website at least ten
Packet Page. 1638
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 24 of 99 (10) calendar days before the date for receiving qualifications or proposals, unless exigent circumstances call for a shorter time.
(iii) Review of Qualifications or Proposals. The City will receive qualifications or proposals at the date, time and place of submission on the notice inviting RFQs/RFQuals/RFPs. Any proposals received after the proposal opening time will be time/date stamped and returned unopened to the proposer. The City will review and evaluate qualifications or proposals based on the evaluation and selection criteria in the RFQs/RFQuals/RFPs and rank proposals based on factors listed in the RFQ/RFQual/RFP.
(iv) N
egotiation. Once proposals are ranked, the City may negotiate a contract with the highest ranked proposer only, may negotiate with multiple proposers, or may attempt to reach an agreement with the highest ranked proposer before negotiating with other proposers in order of ranking. The City may also dispense with negotiations and recommend an award based on the proposals. (v) A
ward. Award for professional services contracts shall be to the best qualified vendor who will best serve the City’s interests taking into acco unt the demonstrated competence, professional qualifications and suitability for the project. Award for other contracts shall to the vendor offering the best value to the City, in the City’s sole and absolute discretion.
(vi) R ejection of Bids. The City Council may, in its sole and absolute discretion, reject all proposals presented and re-advertise.
V. EXEMPTIONS
Exemptions from the procurement process may be requested under the following circumstances:
(a) Emergency Purchases. An exemption may be granted in case of an emergency, which is so urgent as to preclude advance action by the Mayor and Common Council and which requires purchase of supplies, materials, equipment, and contractual service. (i) In such a case, the City Manager shall have the authority to authorize the Purchasing Division to secure in the open market such supplies, materials, equipment, or contractual services as deemed necessary. (ii) This emergency authority shall extend to all purchases; irrespective of the fact that amount might exceed the City Manager’s authorization threshold. In such instances a full explanation of the emergency circumstances shall be filed with the Mayor and City Council (MC § 3.04.070).
(iii) If emergency work is performed, the Purchasing Division should be notified by the next business day, or as soon as practical. This will allow the Purchasing Division to properly ratify purchase orders.
Packet Page. 1639
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 25 of 99 (iv) An emergency includes the following: (1) a public calamity; (2) an immediate need to prepare for national or local defense; (3) the breakdown of machinery or equipment causing a service impediment requiring immediate resolution; (4) a hazard to public health or welfare; and (5) situation in which the City will be unable to perform services for the public.
(b) Cooperative Purchases. The City may engage in cooperative purchasing for goods or services as a third-party agency "piggybacking" on another agency's competitively bid agreement. Cooperative purchasing reduces administrative expenses and secure prices and other benefits of a large volume purchase. Caution must be exercised to ensure that the City is in compliance with all applicable federal, state, and local laws as well as the Policy. The Purchasing Division must be consulted prior to any department engaging in cooperative purchasing.
(c) Sole Source. When a department determines that the goods, services or public project can only be obtained from a sole source. For example, only one manufactured makes an item that meets the required specifications or only one item is compatible with existing equipment. Price cannot be used in a determination of sole source. This is an indication of competition in the marketplace.
A sole source purchase is a method of acquisition; it shall not be used to avoid competition. A sole source justification memo is required for any sole source purchase over $10,000. The sole source justification memo must be approved by the Purchasing Manager before the purchase is completed.
(d) Public Works Projects. This Policy shall not apply to the procurement of Public Works Projects. Procurement procedures for Public Works Projects are defined in Chapters
12.20, 12.21 and 12.24 of the San Bernadino Municipal Code. (e) Purchases Approved by Mayor and City Council. A purchase that is otherwise approved by the action of the Mayor and City Council in a public meeting is exempt from this Policy.
(f) Federal/Grant-Funded Procurement. Federal/grant-funded procurements shall be exempt from this Policy if such funding requires compliance with an alternative set of procurement rules not in compliance with this Policy. This is more particularly described in Section VII(c) of this Policy.
(g) Exemptions Authorized by San Bernardino Municipal Code Section 3.04.010(D)(1).
Items listed in San Bernardino Municipal Code section 3.04.010(D)(1) shall be exempt from this Policy. This includes, but is not limited to, purchases/sales from other governmental agencies.
(h) Inadequate Competition. Inadequate competitive is defined as when, after solicitation from a number of sources (which must be documented for audit purposes), competition is determined to be inadequate. Inadequate competition includes the lack of receipt of responsive bids.
VI. PROTEST PROCEDURES
(a) Right to Protest. Prior to making the award, any responsible bidder in connection with
Packet Page. 1640
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 26 of 99 the award of a contract may protest the award. A subcontractor of a bidder or proposer may not submit a protest. This Section shall apply to all contracts awarded by the City Council through a formal competitive process, including but not limited to a formal bid or formal request for proposal process. The protest procedure does not apply to contracts that are awarded at the staff level or through a non-competitive process (e.g., by sole source). The protest procedure is solely to serve the public interest and obtain finality of City contract awards.
(b) Procedure. The protest must:
(i) Be filed in writing within five (5) calendar days after the bid opening date relating to any Bid. Any protest relating to a City determination or recommendation regarding the bidder’s bid must be submitted within five (5) calendar days after the City makes the determination or recommendation (ii) Clearly identify the specific irregularity or accusation; (iii) Clearly identify the specific City staff determination or recommendation being protested, if applicable;
(iv) Specify in detail the legal grounds for protest and the facts supporting the protest; and
(v) Include all relevant, supporting documentation with the protest at time of filing. (c) City Response. Any grounds not raised in the written protest are deemed waived by the protesting bidder. If the protest does not comply with each of these requirements, the City may reject the protest without further review. If the protest is timely and complies with the above requirements, the City shall review the protest, any response from the challenged bidder(s), and all other relevant information. The City will provide a written decision to the protestor in a reasonable amount of time. (d) Effect of Failure to Comply with Protest Procedures. The procedure and time limits set forth are mandatory and are the sole and exclusive remedy in the event of a bid protest.
Failure to comply with these procedures shall constitute a failure to exhaust administrative remedies and a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceeding. (e) Conflicts. The protest procedure contained in this Section shall not apply if a particular procurement solicitation contains a different protest procedure.
VII. FEDERAL EMERGENCY AND GRANT PROCUREMENT PROCEDURES
(a) Purpose. The purpose of these Federal Emergency and Grant Procurement Procedures is to define the practices and policies governing the procurement of services, and goods (i) in preparation of, during, and after an emergency that may be subject to federal funding or reimbursement; (ii) when using federal grant funds subject to the regulations set forth in the following sentence. These Federal Emergency and Grant Procurement Procedures are compliant with Title 2 of the Code of Federal Regulations Part 200,
Packet Page. 1641
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 27 of 99 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (“Uniform Guidance”).
(b) Federally Declared Emergencies and Federal Grants; Procurement and Contracting Requirements
(i) In the event of an emergency declared by the President of the United States, the City must comply with Federal procurement standards as a condition of receiving public assistance funding from the Federal Emergency Management Agency (FEMA) for contract costs for eligible work. FEMA funding is governed by the Uniform Guidance.
(ii) In addition, most federal grant funding is also subject to the Uniform Guidance.
Federal grant compliance requires the grantee to conduct procurements in accordance with written procurement policies and procedures that comply with the requirements set forth in the Uniform Guidance. These procurement procedures shall be complied with in connection with utilization of federal grant funding by the City, in addition to any other specific grant requirements. (iii) These procedures are in addition to and are not intended to replace or supersede the City’s other procurement requirements in this Policy or state law.
In the case of a conflict between these procedures, the more stringent requirement shall govern, provided that the more stringent requirement would not violate a federal procurement requirement. In such case, for federally funded contracts, the federal requirement shall govern. (c) Conflicts of Interest
(i) Standards of Conduct for Conflicts of Interest. No employee, officer or agent of the City shall participate in selection, or in the award or administration of a contract supported by federal funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when: The employee, officer or agent; any member of his immediate family; his or her partner; or an organization which employs, or is about to employ, any of the above, has a financial or other interest in the firm selected for award. The City’s officers, employees or agents will neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub- agreements. Such a conflict will not arise where the financial interest is not substantial, or the gift is an unsolicited item of nominal intrinsic value.
Employees must follow applicable laws, rules, and regulations in regard to conflicts of interest including, but not limited to, the Political Reform Act, the prohibition against contractual conflicts of interest, and guidelines in the California Code of Regulations regarding acceptance of gifts. (ii) V
iolations. Disciplinary actions to be applied for violations of the above standards are as follows.
(1) The violation of these Standards of Conduct by City employees will subject the violator to any disciplinary proceedings or action deemed
Packet Page. 1642
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 28 of 99 appropriate by the City Manager. Employees may correct a violation in any manner provided for under the Political Reform Act, and its implementing regulations.
(2) The violation of any of these Standards of Conduct by City officers will require correction of the violation in any manner provided for under the Political Reform Act, and its implementing regulations. (3) Contractors or subcontractors that violate these Standards of Conduct as relates to an active federally funded procurement may be prohibited from bidding on the procurement, or may be subject to other action as deemed appropriate by the City Manager.
(4) Agents of the City that violate these Standards of Conduct as relates to federally funded procurements may be prohibited from participation on behalf of the City on federally funded projects, or subject to other action as deemed appropriate by the City Manager.
(d) Procurement Standards
(i) Oversight. The City shall maintain administrative oversight of contractors to ensure that contractors perform in accordance with the terms, conditions and specifications of their contracts or purchase orders.
(ii) Eco
nomical Approach. The City must avoid acquisition of unnecessary or duplicative items. Consideration should be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. The City will enter into state and local intergovernmental agreements or inter- entity agreements where appropriate for procurement or use of common or shared goods and services. If feasible and it reduces project costs, the City will explore using federal excess and surplus property in lieu of purchasing new equipment and property. When appropriate, the City will investigate using value engineering clauses in contracts for construction projects of sufficient size to offer reasonable opportunities for cost reductions.
(iii) D
etailed Records. The City shall maintain records sufficient to detail the history of each procurement. These records will include but are not necessarily limited to the following: rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. (iv) P
rocurement Issues. The City alone shall be responsible, in accordance with good administrative practice and sound business judgment, for the settlement of all contractual and administrative issues arising out of procurements. These issues include, but are not limited to, source evaluation, protests, disputes and claims.
Protest procedures or information on obtaining the procedures shall be included in the procurement documents.
Packet Page. 1643
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 29 of 99 (e) Competition
(i) Full and Open Competition. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, or invitations for bids or requests for proposals must be excluded from competing for such procurements.
Some of the situations considered to be restrictive of competition include but are not limited to:
(1) Placing unreasonable requirements on firms in order for them to qualify to do business;
(2) Requiring unnecessary experience and excessive bonding; (3) Noncompetitive pricing practices between firms or between affiliated companies;
(4) Noncompetitive contracts to consultants that are on retainer contracts; (5) Organizational conflicts of interest, as further detailed herein; (6) Specifying only a “brand name” product instead of allowing “an equal” product to be offered and describing the performance or other relevant requirements of the procurement; and
(7) Any arbitrary action in the procurement process.
(ii) Organizational Conflicts of Interest. An unfair competitive advantage could result if a contractor were allowed to submit a bid or proposal for work described in a specification or statement of work that the contractor itself developed. For the purpose of eliminating a potential unfair competitive advantage, and in compliance with applicable state and federal laws and regulations, a contractor that develops or assists in developing specifications, requirements, statements of work, invitation for bids, and/or request for proposals for City procurement is excluded from competing for the resultant procurement, unless an appropriate waiver is issued by the City. All waivers will be assessed by the City on a case-by- case basis.
(iii) Ge
ographical Preference. The City shall conduct procurements in a manner that prohibits the use of statutorily or administratively imposed in -state or local geographical preferences in the evaluation of bids or proposals, except in those cases where applicable federal statutes expressly mandate or encourage geographic preference. When contracting for architectural and engineering (A/E) services, geographic location may be a selection criterion provided its application leaves an appropriate number of qualified firms, given the nature and size of the project, to compete for the contract.
(iv) P
rocurement Transactions. The City shall require the following information for procurement transactions:
Packet Page. 1644
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 30 of 99 (1) A clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description shall not, in competitive procurements, contain features which unduly restrict competition. The description may include a statement of the qualitative nature of the material, product or service to be procured, and when necessary, shall set forth those minimum essential characteristics and standards to which it must conform if it is to satisfy its intended use.
Detailed product specifications should be avoided if at all possible. When it is impractical or uneconomical to make a clear and accurate description of the technical requirements, a brand name or equal description may be used as a means to define the performance or other salient requirements of procurement. The specific features of the named brand which must be met by offerors shall be clearly stated; and
(2) All requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals.
(v) Prequalification Lists. The City shall ensure that all prequalified lists, if used, of persons, firms or products which are used in acquiring goods and services are current and include enough qualified sources to ensure maximum open and free competition. The City shall not preclude potential bidders from qualifying during the solicitation period.
(f) Procurement Procedures
The thresholds below are federal thresholds. If City thresholds are lower, the more restrictive requirement shall govern, notwithstanding the provisions herein. (i) Micro-Purchases. Purchases within the micro-purchase threshold (e.g., currently set at purchases of $10,000 or less but periodically adjusted for inflation) may be awarded without soliciting competitive quotations if the City considers the price to be reasonable. To the extent practicable, the City must distribute micro - purchases equitably among qualified suppliers.
(ii) S
mall Purchases. Purchases within the simplified acquisition threshold (e.g., currently set at purchases of $40,000 or less) shall not be required to be formally bid. Price quotations must be received from no less than three (3) sources. (iii) F
ormal, Sealed Bidding.
(1) Bids are publicly solicited and a firm -fixed-price contract (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming to all the material terms and conditions of the invitation for bids, is the lowest in price. Formal, sealed bidding is required for purchases greater than the simplified acquisition threshold, which is currently set at $40,000, or as may be adjusted by the Federal Acquisition R egulation, pursuant to 48 CFR § 2.101.
Packet Page. 1645
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 31 of 99 (2) This is the preferred method for procuring construction, if a complete, adequate, and realistic specification or purchase description is available; two or more responsible bidders are willing and able to compete effectively and for the business; and the procurement lends itself to a firm-fixed-price contract and the selection of the successful bidder can be made principally on the basis of price.
(3) The City must publicly advertise the Invitation for Bids and publicly open all bids at the time and place prescribed in the invitation. (4) Any contracts awarded pursuant to this procedure shall be to the lowest responsible bidder submitting a responsive bid and shall be for a firm fixed price. Any or all bids may be rejected if there is a sound documented reason.
(iv) Competitive Proposals.
(1) When the nature of a procurement does not lend itself to formal, sealed bidding, the City may solicit competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed-price or cost-reimbursement type contract is awarded.
(2) A request for proposals (RFP) must be publicly advertised, and the City must solicit proposals from an adequate number of sources. The RFP must identify all evaluation factors and their relative importance; however, the numerical or percentage ratings or weights need not be disclosed.
(3) Evaluation factors that will be considered in evaluating proposals shall be tailored to each procurement and shall include only those factors that will have an impact on the selection decision.
a. The City’s procurement officer shall establish a formal evaluation committee, of at least two persons. The size of an evaluation committee should be based on the size and complexity of the goods or services being procured and well balanced and
represented by individuals involved with the procurement and/or affected by the goods or services being procured. b. The evaluation committee will be charged with responsibility for evaluating proposals in accordance with the evaluation criteria in the solicitation, short listing firms, establishing a competitive range, and/or recommending a firm or firms for contract award. (4) Any contract awarded based on the competitive proposal procurement process cannot be based exclusively on price or price-related factors.
Packet Page. 1646
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 32 of 99 (5) If a contract is awarded, it shall be to the responsible firm whose proposal is most advantageous to the City (“best value”), with price and other factors considered.
(v) Competitive Proposals for A&E Services . The competitive proposal proced ures above may be used for procurement of architect and engineering (A&E) services, provided that proposers must be evaluated based on competence and qualifications, without regard to price. For A&E procurements, price will not be used as a selection factor. The City will rank proposers based on qualifications only, and attempt to negotiate fair and reasonable compensation with the highest ranked proposer. If negotiations with the highest ranked proposer are unsuccessful, such negotiations will be termin ated and the City will commence negotiations with the next highest ranked proposer. This process shall be continued with successive qualified proposers until agreement is reached that is determined to be fair and reasonable.
(vi) N
oncompetitive Procurements.
(1) Contracts may be procured through a noncompetitive proposal only when:
a. The item is only available from a single source;
b. The public exigency or emergency for the requirement will not permit a delay resulting from competitive solicitation; c. The Federal awarding agency or pass -through entity expressly authorizes noncompetitive proposals in response to a written request from the City; or
d. Competition is deemed inadequate after the solicitation of a number of sources.
(vii) Public Projects. Public projects shall be procured by the City’s formal contract bid procedures, if any, and the formal, sealed bidding in this section. If there is conflict between the foregoing, the more restrictive requirements shall apply. (viii) A
ward .
(1) Responsible Contractor. The City shall award contracts only to responsible contractors possessing the ability to perform successfully under the terms and conditions of a proposed procurement.
Consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources.
(2) Debarment and Suspension. In accordance with 2 CFR 200.213, in connection with the responsibility determination, a check of debarment and suspension using the System for Award Management (SAM),
Packet Page. 1647
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 33 of 99 www.sam.gov, must be performed and documented in the procurement records prior to award.
(g) Contracting with Small and Minority Firms, Women’s Business Enterprises, and Labor Area Surplus Firms
(i) The City must take all necessary affirmative steps to ensure the use of minority businesses, women’s business enterprises, and labor surplus area firms when possible, as set forth at 2 CFR § 200.321 and detailed below. The City shall:
(1) Place qualified small and minority businesses and women's business enterprises on solicitation lists;
(2) Assure that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises;
(4) Establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises;
(5) Use the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and
(6) Require the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1) through (5) of this section. (ii) The City shall document the steps above, and any relevant findings applicable to any of the steps above in its procurement file.
(h) Cost and Price
(i) Cost or Price Analysis. The City shall perform a cost or price analysis in connection with every procurement action, including contract modifications, in excess of the simplified acquisition threshold. While the method and de gree of analysis depend on the facts surrounding the particular procurement situation, the City must, at a minimum, make independent estimates before receiving bids or proposals.
(ii) P
rofit . The City shall negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where a cost analysis is performed as required by 2 CFR § 200.323(b).
Packet Page. 1648
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 34 of 99 (iii) Estimated Costs . Costs or prices based o n estimated costs for contracts are allowable only to the extent that costs incurred or cost estimates included in negotiated prices would be allowable for the City under 2 CFR 200.400 et seq. (i) Payment Procedures
(i) Method of Contracting . Contracts entered i nto pursuant to these procedures shall utilize only fixed-price, cost-reimbursement, or, to a limited extent, time and materials payment methods.
(ii) P rohibited Methods of Contracting. The City shall not use the cost plus a percentage of cost or percentage of construction cost methods of contracting for any work for which federal reimbursement will be sought. (iii) T ime and Materials (“T&M”) Contracts
(1) T&M contracts should be used rarely, and the use of T&M contracts should be limited to a reasonable time period (e.g., no more than 70 hours) based on circumstances during which the City cannot define a clear scope of work.
(2) The City shall only enter into a time and materials contract if all of the following apply:
a. The City has determined and documented in the project file that no other contract is suitable;
b. The contract has a guaranteed maximum price that the contractor exceeds at its own risk; and
c. The City provides a high degree of oversight to obtain reasonable assurance that the contractor is using efficient met hods and effective cost controls.
(3) The City must define the scope of work as soon as possible to enable procurement of a more acceptable type of contract (i.e., non-T&M). (iv) Separate Invoicing. All purchases made during a proclaimed emergency shall require separate invoicing from routine (i.e., non-emergency related) purchases.
All invoices shall state the goods, services, or equipment provided and shall specify where the goods or services were delivered. All invoices shall specify the location(s) where the goods or services were used, if possible. Any invoice which fails to properly identify the emergency nature of the purchase and provide details as to the date(s) and location(s), as appropriate, shall not be paid until such errors are corrected by the vendor and re-submitted in correct form. (v) A
uditing of Invoices for Debris Removal. All invoices for debris clearance and removal shall be audited prior to payment to the contractor. Contractors shall be notified of this requirement prior to the award of any contract for debris
Packet Page. 1649
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 35 of 99 clearance and/or removal. Audits shall be in accordance with procedures for debris removal monitoring specified in FEMA’s Publication 325, Debris Management Guide.
(j) Bonding Requirements
(i) Bonding. For construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold (See 2 CFR 200.88), the City shall require at a minimum:
(1) A bid guarantee from each bidder equivalent to five percent of the bid price.
(2) A performance bond on the part of the contractor for 100 percent of the contract price.
(3) A payment bond on the part of the contractor for 100 percent of the contract price.
(k) Procurement of Recovered Materials
(i) For procurements covered under these procedures, th e City and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. In accordance with these requirements, the City shall only procure items designated in the guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines.
(ii) This requirement applies to purchases of items when the purchase price of the item exceeds $10,000, or the value of the quantity acquired during the preceding fiscal year exceeded $10,000.
(l) Contract Provisions. The City’s contracts shall contain the applicable provisions described in Appendix II to Part 200 – Contract Provisions for Non -Federal Entity Contracts Under Federal Awards.
VIII. CONTRACTING
(a) Standard Contract Templates. The City utilizes written contracts to document each party's obligation and to minimize the City's risks during the performance of services or supply of goods. Contracts include standard terms and conditions that serve as the framework and a statement of work that serves as the substance, of the contract.
During the course of the relationship between the parties, the contract serves as a point of reference which may quickly resolve any misunderstanding.
Packet Page. 1650
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 36 of 99 (i) The contract templates include forms for: professional and consulting services, maintenance services, software licensing, and the purchase of goods. The type of contract used for a particular procurement is determined by the nature of the transaction. The City has a set of contract templates that can be found on the City’s Intranet.
(ii) The Purchasing Division can aid departments in determining which type of contract is needed. Exhibit B provides a brief explanation when certain contract templates should be used.
(iii) Questions regarding contract terms should be directed to the City Attorney’s Office. Under no circumstances should contract terms and conditions be adjusted, changed, or deleted by anyone other than a representative of the City Attorney’s Office.
(b) Non-Standard Contracts. In some cases, vendor services or products are specialized, and a department may wish to use the vendor contract. However, doing so requires specialized legal review. It is important to note that this can add anywhere from two (2) to four (4) weeks to the contracting process. This additional time must be allowed for to ensure that the City’s interests are protected.
(c) C ontracts NOT Required. Neither a contract, nor a purchase order is required for the following: payroll-related expenses such as insurance or retirement payments as approved by City Council through the budget, other insurance premiums, petty cash, travel advances or reimbursements, utility payments, membership dues, subscriptions, debt service, various “pass-through” payments, or other mandated expenditures. Claim forms should be used to pay these items.
IX. SURPLUS SUPPLIES AND EQUIPMENT
(a) Submitting Reports. The applicable Department Head or their designee(s) will notify the Purchasing Division in writing of surplus supplies and/or equipment and request disposal. This notification shall list each item, acquisition date or estimated age, acquisition price (if known), condition, and any known defect not readily apparent through visual inspection.
(b) R
eview. The Purchasing Division shall review the surplus items and determine if any other City department has a use for the property.
(c) D isposing of Surplus. If the Purchasing Division determines that the surplus items are not functionally or economically suitable for further City use, they shall dispose of the items by using a public auction, sealed bids or through negotiated sale for items valued at more than $10,000. For recyclable items equal to or less than $10,000, Purchasing may dispose of those items through a scrap metal or a recycling vendor if the cost to do so does not outweigh the value received in return.
(d) D
onation. Surplus items valued less than $10,000, for which the City no longer has an identified use, may be donated to 501(c)3 organizations operating within the city limits of the City of San Bernardino.
(e) P rohibitions. City employees and/or elected official of the City and their immediate
Packet Page. 1651
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 37 of 99 families shall not be eligible to purchase such surplus materials, supplies, and equipment.
X. ETHICAL STANDARDS AND FAIR PROCESSES
(a) Ethical Standards for Purchasing. When placing City business with the business community, it is every employee’s responsibility to follow good business and ethical practices and to adhere to the City’s applicable law, policies, and procedures. This is a responsibility that should not be taken lightly as it is a duty under the law. All vendors shall be treated equally and fairly at all times by City personnel, with equal information given to each vendor who participates in a competitive situation. City employees must discharge their duties under this Policy in an impartial manner to foster the integrity of the City’s purchasing function and to assure fair and open competition for City business and the selection of competent, responsible vendors.
(b) Conflicts of Interest.
(i) No employee, officer, or agent of the City may participate in the selection, award, or administration of a contract pursuant to this Policy he or she has a real or apparent conflict of interest. A conflict of interest would arise when the City employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a material benefit from a vendor considered for a contract. The officers, employees, and agents of the City may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts, subject to any applicable standards for determining whether a financial interest is not substantial, or a gift is an unsolicited item of nominal value. (ii) California Government Code § 1090 prohibits City officers and employees from having a financial interest in any contract "made" by them or by any board or body of which they are members. Virtually all City Council members, officers, employees, and consultants of a public entity are considered public officials under Government Code §1090. In a case where a consultant is developing a scope of work for a future project, creation of that scope of work is considered part of the “making” of the contract and defined by Section 1090. As such the consultant would be prohibited from submitting a proposal and/or being awarded a contract for the work.
(c) Communications Related to Solicitations.
(i) Bidders, proposers, and other potential vendors shall not contact City officials outside of the solicitation process and shall not make any efforts to unduly influence City decision-making or otherwise gain an unfair advantage outside of the solicitation process. Improper contacts or attempts to influence the selection process shall be grounds for automatic rejection. (ii) To the maximum extent feasible, City representatives shall provide each vendor with the same information related to the solicitation. For formal bids, RFP’s and
Packet Page. 1652
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 38 of 99 RFQ’s, such information shall be provided in the form of an addendum to the solicitation.
(d) Confidentiality and Transparency.
(i) Negotiations related to any solicitation shall be maintained with strict confidentiality. No City official or employee with knowledge of the City’s bargaining position, or of the non-public position of other bidders or proposers, shall disclose such information for purposes of aiding a particular vendor, giving an advantage to a particular vendor over other bidders or proposers, or otherwise corrupting or frustrating the City’s procurement efforts. This Section does not prevent the City’s designated representative from engaging in negotiating tactics to obtain the best value to the City. (ii) All bids, proposals, quotes, and any related documents, including communications such as e-mails related to solicitations, are public records and shall be made available to the public upon request. However, public records may be withheld from disclosure while negotiations are pending, in accordance with applicable law.
(iii) To the extent a solicitation involves proprietary information or trade secrets, vendors should mark the proprietary information as confidential. Information that is not proprietary or a trade secret shall not be marked confidential. Unless a law specifically and expressly allows price information to be confidential, all price proposals and other financial terms shall be public. (iv) City Council decisions on all contract awards shall strictly comply with the Ralph M. Brown Act (Government Code sections 54950, et seq.). City Council members and staff should not engage in any series of communications that result in a majority of the City Council deliberating on a proposed contract award outside of a properly noticed City Council meeting.
(e) Disclosures.
(i) Solicitations should require that bidders, proposers and other potential vendors disclose: (1) any ex parte contacts made by the vendors or made by City officials to the vendors outside of the official procurement process, (2) any gifts, loans or other benefits (other than campaign contributions) made to City officials within the 12 months preceding the solicitations, (3) whether the vendor has knowledge that a City official will be financially interested in the contract.
Vendors shall promptly notify the City if any City official requests any payment, contribution or any other quid pro quo in exchange for award of a contract. (ii) Vendors may be required by the Political Reform Act, and/or the Fair Political Practices Commission to disclose financial interests on the Form 700. Such vendors shall comply with all disclosure requirements.
(f) Discipline/Censure. Violations of the ethical and fair process requirements contained in this Section may be grounds for discipline (if by an employee) or censure (if by an elected official). Criminal violations, such as willful violations of Government Code section 1090, may be reported to the San Bernardino County District Attorney.
Packet Page. 1653
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 39 of 99
EXHIBIT A
EXPENDITURE AND AUTHORIZATION THRESHOLDS REFERENCE
Purchasing Requirements by Expenditure Threshold
Purchases up to $10,000 (Micro-Purchases):
• Purchases up to $10,000 may be purchased using a Procurement Card (“P Card”) or through a check request.
• No formal bids or quotes are required.
• Purchases of $10,001 and over shall not be divided into multiple smaller purchases or invoices to circumvent required procedures. This is “split purchasing” and is unlawful and a violation of the Policy and the San Bernardino Municipal Code. (M.C. § 3.04.090).
Purchases Between $10,001 and $40,000 (Small Purchases):
• Purchases in this category are processed informally through the simplified process outlined in Section III of this Policy and may be processed directly by the department making the purchase.
• Competitive Bidding may be used for purchases under $40,000 at the discretion of the Agency or Department Director.
Purchases Above $40,000:
• Purchases in this category are subject to competitive bidding or competitive selection outlined in Section IV of this Policy, depending on the type of purchase (formal procurement procedures).
Purchasing Authority
Purchases up to $50,000:
• Purchases in this category may be authorized and signed by Agency/Department Directors and/or the City Manager and/or their designee.
Purchases between $50,001 and $100,000:
• Purchases in this category may only be authorized by the City Manager or their designee.
Purchases over $100,000:
• Purchases in this category may only be authorized by the Mayor and City Council.
Packet Page. 1654
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 40 of 99
EXHIBIT B
CONTRACTING GUIDE
Under this Policy, certain contract types are likely to arise for the purchase of goods and services. Here is a brief description of an appropriate situation to use each template.
Goods Purchase Agreement – To be used when the City desires to purchase goods totaling above $5,000.
Maintenance Services Agreement - To be used for routine maintenance/repair work of a non-professional nature, such as: landscape, traffic signals, electrical, street sweeping, HVAC, and plumbing.
Nuisance Abatement Services Agreement – To be used when the City desires to engage a third party to take action to remove a public nuisance.
On-Call Professional Services Agreement - To be used when the City desires to engage a professional to engage in certain services on an as-needed basis.
Professional Services Agreement – To be used for professional consultant work, such as non –design engineering, economic, accounting, legal, financial, and administrative work.
Professional Services Agreement (Federal) – To be used for professional co nsultant work that also involves the use of Federal funds.
Professional Software Services Agreement – To be used for the purchase of software services.
Request for Proposals – To be used when the City desires to solicit services or purchase goods which either require bidding or for which bidding is appropriate. Please note that requests for proposals that relate to state or federal funded projects may require additional terms in accordance with grant agreements.
Request for Qualification (RFQual) – To be used when the City desires to solicits firms to submit information about their qualification and capabilities to perform the type of work associated with a proposed project. An RFQual may be used as a pre-qualification step to engaging a service provider. If an
Packet Page. 1655
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 41 of 99 RFQual is required, only those candidates who successfully respond to it and meet the qualification criteria will be included in the subsequent procurement process. An RFQual will contain specific reference to selection criteria.
Request for Quote (RFQ) – To be used when the City desires to solicit firms to submit pricing for products or services where the requirements are standardized or produced in repetitive quantities.
Short Form Services Agreement – To be used for low risk or uncomplicate d services that do not require formal bidding. Should not be used for public works projects.
Vendor Services Agreement – To be used when the City desires to solicit services other than Professional, Design, or Construction Services.
Packet Page. 1656
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 42 of 99 City of San Bernardino Procurement Card (P-Card) Policy (Approved Resolution 2021-213)
Purpose:
To establish a methodology for and to define the appropriate use of the City of San Bernardino’s Procurement Cards provided to authorized personnel to purchase non-restricted goods and/or services for official use by the City of San Bernardino
Scope:
This Policy is applicable to all employees and elected officials who are issued a Procurement Card.
Exemption from Scope
This policy shall not apply to employees or elected officials to whom P-Cards are not issued and does not apply to the use of an employee or elected official’s personal credit card(s). The use of personal funds to make purchases on behalf of the City is covered under the City of San Bernardino Expense Reimbursement Policy.
Policy:
3.1 Abbreviations
3.1.1 P-Card: A Procurement Card.
3.1.2 City: City of San Bernardino.
3.1.3 Bank: Financial Institution that manages the City’s P-Card Program.
3.1.4 GL: General Ledger, the official record of all financial transactions made by and on behalf of the City.
3.1.5 MCC: Merchant Category Code
3.2 Definitions
3.2.1 P-Card: A credit card to be utilized in the procurement of authorized non- restricted goods and/or services for official use by the City.
3.2.2 Vendor: A Company from which the City is purchasing goods and/or services under the provision of this policy.
3.2.3 Merchant Category Code (MCC): Codes by which individual P-Cards can be restricted in their purchasing authority to merchants (vendors) in specific categories.
3.2.4 Cardholder: City personnel who has been issued a P-Card and who is authorized to make purchases in accordance with this policy and in accordance with the City’s Procurement, Purchasing and Contracting Policy.
3.2.5 Reconciler: Departmental Coordinator who collects receipts for P-Card purchases from the Cardholder, codes transactions to the appropriate GL account(s), and releases transactions for approval.
Packet Page. 1657
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 43 of 99
3.2.6 Approver: Cardholder’s manager or designee who reviews and approves Cardholder’s transactions.
3.2.7 Transaction: A single purchase made with a P-Card
3.2.8 Purchase Limits: Dollar limits assigned to each P-Card consisting of a Single Transaction Limit, a Daily Purchase Limit, and a Monthly Credit Limit.
3.2.9 P-Card Administrator: An individual authorized by the City to manage the P-Card program to include communicating with the Bank, adding and deleting P-Cards, and changing permanent and temporary purchase limits.
4.0 Responsibilities
4.1 The Finance Department, under the direction of the Finance Director, shall be responsible for the implementation and enforcement of this policy.
4.2 All City personnel and elected officials issued a P-Card shall be responsible for the card and its use in accordance with this policy.
1.0 Overview of P-Card Program
1.1 The goal if this program is to provide a more rapid turnaround of requisitions for low dollar goods (less than $5,000) with no credit card fees and to reduce paperwork and handling costs while maintaining good internal control of the disbursement of City funds.
1.2 City personnel and elected officials who have been issued P-Cards may initiate transactions in-person, by telephone, or over the internet within the limits of this policy and in accordance with the City’s Procurement, Purchasing and Contracting Policy.
1.3 The Finance Department with make settlements for P-Card purchases with the Bank.
1.4 Department Directors may request that City personnel be issued a P-Card if it is deemed necessary for their role. The request should recommend purchase limits as well as the default GL account code to which transactions will be charged. Requests should be forwarded to the P-Card Administrator for Finance Department approval.
1.5 Depending on the employee or official receiving the P-Card, the P-Card may be restricted to specific Merchant Category Codes.
1.6 Non-City personnel, temporary/seasonal employees, and interns are not eligible for a P-Card.
1.7 Upon review and approval by the Finance Department, the P-Card Administrator will notify the Bank to issue the P-Card.
1.8 All approved Cardholders must attend a training class on Policy and proper use of the P-Card prior to receiving their card.
1.8.1 The approved Cardholder will be issued a copy of this P-Card Program Policy and the P-Card Procedures Manual and be required to sign an agreement to indicate that the Cardholder understands these policies and procedures.
1.8.2 The Finance Department shall maintain records of all Procurement Card Request Forms.
1.9 Changes to P-Card Information
Packet Page. 1658
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 44 of 99
1.9.1 Once a P-Card is issued, it is the Cardholder’s responsibility to notify the P- Card Administrator of any change in the Cardholder’s information.
1.9.2 It is the department’s responsibility to notify the P-Card Administrator of any changes to a Cardholder’s assigned Reconciler or Approver.
1.9.3 Purchase Limits may be temporarily changed for a limited amount and duration with the approval of the Department Director and Finance Director or their designee. Permanent changes may only be approved after review by the Finance Director.
1.10 Cardholder Termination/Transfer
1.10.1 If a Cardholder is no longer employed by the City or if a Department Director decides a Cardholder no longer needs a P-Card, it is the department’s responsibility to collect the Cardholder’s P-Card and complete the appropriate documentation. The P-Card will be immediately cut in half, and both the destroyed P-Card and documentation will be forwarded to the P-Card Administrator, who will notify the Bank to delete the P-Card.
1.10.2 Prior to transferring to another department of the City, the Cardholder is to return their P-Card to the issuing department. The P-Card will be cut in half and the appropriate documentation completed by the department. Both the destroyed P-Card and documentation will be forwarded to the P-Card Administrator, who will notify the Bank to delete the P-Card. The Cardholder’s new department may request a new P-Card be issued if necessary for the employee’s role.
1.11 Authorized P-Card Use
1.11.1 Each P-Card issued will be embossed with the Cardholder’s name and should ONLY be used by the Cardholder. NO OTHER PERSON IS AUTHORIZED to use the card. The Cardholder may make transactions on behalf of others in their department/division. However, the Cardholder is responsible for ALL purchases charged to their card.
1.11.2 The total value of a transaction will not exceed a Cardholder’s single purchase limit. Payment for a purchase SHALL NOT be split into multiple transaction to stay within the single purchase limit. Limits may be permanently or temporarily changed with proper approval. (See 5.9.3)
1.11.3 The Cardholder must obtain ITEMIZED vendor receipts, documentation of telephone orders, and/or copies of mail orders.
1.12 Prohibited P-Card Use
1.12.1 The P-Card MAY NOT BE USED for the following:
a. Personal purchases or for personal identification.
b. A single purchase that exceeds the Cardholder’s single purchase limit. c. Automotive Fuel unless authorized (see the City’s Travel Policy). d. Meals with limited exceptions (See Section 7.0)
e. Gift Cards.
f. Cash Advances.
g. Any City Fines or Fees.
h. Alcoholic Beverages.
Packet Page. 1659
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 45 of 99 i. Flowers, unless authorized by the City Manager and Finance Director.
Catering, unless the food is being dropped off for an approved City event. j. Payments under a City contract; these payments must be made through the regular Accounts Payable process, or the contract and Purchase Order will not be properly charged.
1.12.2 Accidental Use of P-Card. Any cardholder who accidentally charges a personal item to a City P-Card instead of their personal credit card must immediately notify their supervisor and the P-Card administrator. They must submit the receipt and repayment to the City via the Purchasing Division within ten (10) business days. A second accidental charge will result in a review by the Department Director and the Finance Director. Following review, the Finance Director may take action up to and including suspension or revocation of the Cardholder’s City P-Card privileges.
1.12.3 Unauthorized Purchases and Careless Use. Cardholders who make unauthorized purchases or carelessly use their P-Card will be liable to the City for the total dollar amount of such purchases. Misuse of a City P-Card will result in the Cardholder’s City P-Card privileges being revoked and may be subject to disciplinary action up to and including dismissal.
1.12.4 Intentional Misuse. The intentional use of a City P-Card to acquire or purchase goods and/or services for other than official use of the City is fraudulent. An employee guilty of fraudulent use of a City P-Card may be dismissed and may be subject to legal action.
1.13 Card Security
1.13.1 It is the Cardholder’s responsibility to safeguard their P-Card to the same degree that the Cardholder safeguards their personal credit information.
1.13.2 The Cardholder must not allow anyone to use their card. A violation of this trust will result in the Cardholder’s P-Card privileges being revoked as well as potential disciplinary action.
1.14 Lost or Stolen Cards and Fraud
1.14.1 Cardholders MUST immediately report a lost or stolen P-Card directly to the Bank and the P-Card Administrator. The Bank will inactivate the existing card and issue a new card that will be mailed to the P-Card Administrator.
1.14.2 If the original card is later found or recovered by the Cardholder after being reported lost or stolen, the card will be cut in half and given to the P-Card Administrator.
1.14.3 If a cardholder suspects fraud and has not already been contacted by the bank via telephone or email, the cardholder and/or reconciler MUST immediately contact the bank by calling the 1-800 number on the back of the cardholder’s card to report the suspected fraud. The cardholder and/or reconciler must then inform the P-Card Administrator of the fraud and what actions were executed by the bank to safeguard the card.
Packet Page. 1660
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 46 of 99
1.15 Recordkeeping/Reconciliation
1.15.1 Itemized Receipts. It is the Cardholder’s responsibility to obtain an ITEMIZED receipt whenever a P-Card purchase is made – either in-person by telephone, or over the internet and check the receipt for accuracy. A summary receipt is not acceptable.
1.15.2 Sales Tax. If sales tax has not been charged on taxable tangible goods, the Cardholder should notify the Finance Department and make a note on the receipt so that the Finance Department can pay the appropriate tax.
1.15.3 Providing Receipts to Reconciler. If a Reconciler is used to reconcile a Cardholder’s transaction, the Cardholder will provide receipts for transactions to the Reconciler on a timely on-going basis, not to exceed five (5) business days after the charge is made, or after the Cardholder returns from travel on City Business in order to give the Reconciler time to reconcile receipts and meet required deadlines.
1.15.4 No Itemized Receipt. If the Cardholder does not have an ITEMIZED receipt for a transaction, he/she will provide a memo stating that they were unable to obtain or that they lost the original itemized receipt. The memo shall include details of the transaction including the vendor’s name, date of purchase, description of the item(s) purchased, and the purpose of the purchase. The Cardholder must also include the reason for the missing receipt. The Cardholder must obtain the Department Director’s signature on the memo and submit the signed memo in lieu of the actual receipt to their reconciler or attach to the transaction in the financial system. Also, the words “No Itemized Receipt” need to be a part of the transaction’s charge description.
1.15.5 Missing Receipt. If a Cardholder does not provide an itemized receipt OR a missing receipt memo for a transaction, the Cardholder may be financially responsible for the purchase amount of the transaction.
1.15.6 General Ledger Import and Reconciliation. P-Card transaction will be imported into the GL each month. It is the Cardholder and/or Reconciler’s responsibility to review these transactions on a timely basis, code the purchase to the appropriate GL account, make any necessary adjustment, and scan and attach the supporting receipts and documentation into the banking system for backup. The transaction will then be released for approval. If no adjustment is made, the entire transaction will be charged to be default GL code established upon issue of the card (see Section 5.4). All transactions must be reviewed, reconciled and released for approval within the first five (5) calendar days of the month (see Section 5.16.3).
1.15.7 Approval. Once a monthly statement has been released for approval by the Cardholder or Reconciler, it will be approved by the Approver. By approving the statement, the Approver is attesting to the appropriate purchase of the goods and/or services for official use by the City. If the transaction is not in compliance with the P-Card Policy, the matter will be brought to the
Packet Page. 1661
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 47 of 99 attention of the P-Card administrator, the Department Director, and the Finance Director to be resolved in a manner consistent with this Policy.
1.15.8 Returns. If a Cardholder returns an item, it is their responsibility to ensure that a credit is issued back to their P-Card. If a Reconciler reconciles the Cardholder’s transaction, the Reconciler should be made aware of the credit and follow up if the credit is not received.
1.15.9 Unauthorized Charges. If a Cardholder does not recognize a transaction, they must first contact the vendor to find out what was purchased and attempt to resolve the charge with the vendor before disputing it with the bank. If the transaction needs to be disputed after contacting the vendor, it is the Cardholder’s and/or Reconciler’s responsibility to complete appropriate documentation and submit to the P-Card Administrator. It is also the Cardholder’s and/or Reconciler’s responsibility to track the progress of the dispute until it is resolved. The P-Card Administrator will keep the Cardholder or Reconciler, if applicable, informed of any information received from the bank regarding the dispute.
5.16 Deadlines
5.16.1 P-Card transactions will post to the Bank 1-3 business days following the transaction.
5.16.2 It is the Cardholder and/or Reconciler’s responsibility to review and reconcile the P-Card transaction on a timely on-going basis.
5.16.3 Receipts should be reconciled no less frequently than every two weeks.
Finance staff will send reminder emails to Cardholders and Reconcilers with outstanding transactions.
5.16.4 Monthly Statements are to be reviewed, reconciled, and released for approval within the first five (5) calendar days of the following month.
5.16.5 Once released, P-Card transaction must be approved by the Approver within the first seven (7) calendar days of the Cardholder review.
5.16.6 All P-Card transactions for the previous month must be approved and posted by Finance before the 15
th of the following month.
6.0 Compliance
6.1 Finance staff will conduct audits of P-Card transactions both randomly and selectively to ensure purchases are made in accordance with the Policy.
6.2 Failure to comply with this Policy may result in the Cardholder’s P-Card privileges being revoked and/or disciplinary action up to and including dismissal.
7.0 Meal Exceptions
7.1 Business Purpose Meals. Business purpose meals are meals purchased by a City employee or elected official for official city business.
7.1.1 Documentation. Documentation is required for a business purpose meal:
a. An ITEMIZED receipt.
b. A description of the business purpose of the meal. The description should be thorough enough to pass audit scrutiny. For example: “Development
Packet Page. 1662
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 48 of 99 meeting to discuss vacant properties” is acceptable. “Business Meeting,” “Development Meeting,” or other descriptions that do not provide the actual purpose of the meeting are not acceptable.
c. A list of all attendees of the meeting, first and last name. The list should either be written on the receipt (legibly) or attached.
7.2 Meals with Traveling. Meals while traveling on City business are paid based on per- diem rates as indicated in the City’s Travel Policy. Meals while traveling charged to a P- Card in excess of the per diem amount must be reimbursed to the City within ten (10) business days of the completed reconciliation.
7.3 Tipping. Tips added to meals on a P-Card should not be more than 20% Any amount more than 20% must be reimbursed to the City by the Cardholder within ten (10) business days of the charge posting to the City’s financial system.
7.4 Prohibited Meals.
7.4.1 Meals for Personal Consumption. It is expressly prohibited for employees or elected officials to purchase any meal: breakfast, lunch, dinner, or any other food for personal consumption on their City P-Card unless they are traveling overnight on City Business.
The IRS deems meals that are paid for by an employer while not “traveling away from home” to taxable wages. IRS Publication 5137 (Rev. 2-2020)
8.0 Exceptions
These general policies are not expected to address every issue, exception, or contingency that may arise in the use of the City P-Card. Accordingly, the basic standard that should always prevail in dealing with exceptions is the exercise of good judgement in the use and stewardship of the City’s resources. Unless otherwise specified herein, exceptions for employees will require the approval of the City Manager, the Assistant City Manager, or the Finance Director; exceptions for elected officials will require approval of City Council at a regular meeting of the Mayor and City Council.
Responsibilities:
The Department Director shall be responsible for determining which staff members can be issued a P-Card. The business need for obtaining a card should be carefully considered to limit the number of cards issued.
Card limits should be as low as possible while still accomplishing business needs. Pursuant to the Cardholder Agreement, each individual cardholder is ultimately responsible for their purchases.
The following is a chart showing the City's standard card dollar limits for a single transaction and monthly dollar limits; however, consideration may be given for other card limits if required for special circumstances:
Packet Page. 1663
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 49 of 99
Standard Card Limits
Single Purchase
Transaction
Monthly Dollar Limit
$500 $2,500
$1,000 $5,000
$1,500 $5,000
$2,500 $10,000
Card Limits for emergency and disaster purchasing by the Finance Department and/or Emergency Management Operations personnel will be determined on an individual basis, based on FEMA best practices and guidelines.
To avoid confusing a P-Card with personal credit cards, each Cardholder will be provided a P- Card embossed with both the Cardholder's name and the "City of San Bernardino," along with the City's logo.
ANY USE OF THE P-CARD IS RESTRICTED TO THE CARDHOLDER. THE USE OF THE P-CARD FOR
ANY PURPOSE OTHER THAN OFFICIAL CITY BUSINESS EXPENSES IS PROHIBITED AND IS GROUNDS FOR DISCIPLINE UP TO AND INCLUDING TERMINATION. IN ADDITION TO
DISCIPLINE, AND POTENTIAL CRIMINAL CHARGES, THE CARDHOLDER MUST REIMBURSE THE CITY FOR UNAUTHORIZED CHARGES. THIS CARD MAY NOT BE USED FOR PERSONAL PURCHASES - NO EXCEPTIONS.
The Cardholder must attend training and carefully review the training documents provided with the P-Card. Cardholders must sign and abide by the City of San Bernardino Cardholder Agreement and comply with the guidelines of this Policy.
Each P-Card will be assigned specific categories of purchases, as well as single transaction and monthly dollar limits. Each Department's overall P-Card exposure will also be verified against its annual approved Operating Budget.
P-Card Procedures:
To apply for a P-Card, departments must complete the following forms:
1. Cardholder Agreement
2. Cardholder Account Set-up
3. Approving Official Account Set-up form
a. If the P-Card Agreement is a new approving official, which indicates the maximum dollar amount for each single transaction and a total monthly dollar amount.
All P-Card forms are available on InsideSB, the employee intranet site under the section "Forms and Publications" of the Finance Department. The PSM will review the Cardholder application documents and will approve or reject, the applicant based on Policy guidelines.
Packet Page. 1664
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 50 of 99
To request an increase or modification to the P-Card limits, the Department Director must first approve the City's Purchase Card Modification/Increase form.
The Policy is a supplement to the procurement process. As with other procurement methods, the following conditions must be met when using the P-Card:
The P-Card should be used whenever possible in-lieu of petty cash, emergency purchase orders, or purchase requisitions when the item or group of items is under the transaction limit. Items should always be purchased at the lowest cost that meets the Departments basic needs.
Normal purchasing procedures must be followed if a purchase will exceed a limit established.
Each transaction may be comprised of multiple items, but the total, including tax and shipping, cannot exceed the single transaction dollar limit on the P-Card; nor exceed the monthly dollar limit. If either of these limits is exceeded, the transaction will be declined by the card issuing bank.
All charges must be supported by receipts or some written documentation. A Purchasing Card Receipt Detail form must be used to document all Meals, Travel, Meetings, and Event transactions made using a P-Card. All of the following information must be provided before Finance will approve a business expense.
Packet Page. 1665
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 51 of 99
CITY OF SAN BERNARDINO ALLOWABLE PURCHASES
Please use the following list as a guideline for allowable P-Card purchases.
PURCHASE TYPE DESCRIPTION CATEGORY
ASSOCIATION DUES,
PROFESSIONAL OR
INDUSTRY
MEMBERSHIPS
Dues may be charged if related to City business and with approval from Supervisor/Manager or Director.
ALLOWABLE
CITY BUSINESS MEALS Purchase of food for business requirements.
Receipts including the names and affiliations for all members of the party whose meals are paid for using the purchasing card, and then state the business purpose for the expense. You must include an itemized receipt showing food and beverage items purchased, rather than the receipt showing only the total.
The use of the P-Card for catering services is generally prohibited, as it is considered a service, unless the food is only dropped off.
ALLOWABLE
CITY BUSINESS TRAVEL City travel related purchases including airline tickets, hotel accommodations, car rentals, business meals, etc. Employee shall use their own credit card for any personal expenses, such as personal phone calls, video rentals, upgrades, etc.
ALLOWABLE
COMPUTER AND
TELEPHONE
ACCESSORIES
Information technology and telephone consumable items for City Business: flash drives, toner cartridges, diskettes, zip disks, COs, DVDs, tape cartridges, mouse, keyboards, USB peripherals, telephone headsets and paper DO NOT require Information Technology Department (IT) pre- approval.
ALLOWABLE
CITY SPONSORED
EVENTS
Items necessary to conduct a City sponsored event. ALLOWABLE GENERAL SUPPLIES Items for City business not prohibited or in conflict with negotiated discounts such as Staples. Use Staples card or on-line ordering system.
ALLOWABLE
ON-LINE AUCTION
PURCHASES
On-line auction purchases for City business needs for items not on a City prohibited list may be purchased with approval from
Supervisor/Manager or Director.
ALLOWABLE
PROFESSIONAL
DEVELOPMENT
Allowable with approval from Supervisor/Manager or Director. ALLOWABLE
SEMINARS, CONFERENCES
WEBINARS, TRAINING
Seminars, training, books, etc., that have been preapproved by the Director or City Manager and budgeted for by the Department.
ALLOWABLE
SUPPLIES FOR CITY
MAINTENANCE AND
REPAIRS
Maintenance and repair supplies, including maintenance tools and equipment; janitorial supplies and other maintenance-related expenses.
ALLOWABLE
Packet Page. 1666
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 52 of 99 The City at its sole discretion may apply other restrictions and the Purchasing Card Policy shall be updated as needed by the Finance Department.
Acknowledgement
Before being issued a City of San Bernardino purchasing card or online management account authority under this policy, all authorized users shall sign and accept below indicating that such user will use such cards only in accordance with the policies of the city and with the requirements of state law.
Name Printed Signature
Date Role
Packet Page. 1667
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 53 of 99 City of San Bernardino Travel Authority and Expense Reimbursement Policy (Approved Resolution 2021-164)
Scope: This Policy applies to all employees and Elected Officials requesting reimbursement for expenses incurred on behalf of the City.
Exemption from Scope
None.
Policy:
1.0 DEFINITIONS
1.1 Appropriate Expense
An Expense that is suitable or fitting for a particular valid business purpose
1.2 Allowable Expense
A necessary, reasonable, and appropriate expense incurred for the primary benefit of City business and therefore permitted to be reimbursed or directly charged based on the permission of the City.
1.3 Available Budget
The total amount of funds available in the General Ledger expense line to be charged for the expense incurred by the employee or Elected Official
1.4 Necessary
Minimum purchase or service required to achieve a particular business objective.
1.5 Original Receipt
The original merchant receipt or invoice issued by the supplier or service provider to document and substantiate the business transaction. A digital image of the original receipt is allowable if it is legible, and the paper receipt is destroyed.
1.6 Reasonable
An expense that is ordinary and reflects and prudent decision to incur the expense on behalf of City business. Not extreme or excessive.
1.7 Request
Reimbursement Request or Request for Reimbursement.
1.8 Substantiation
Documentation to support an incurred business expense that includes the original receipt, documentation of business purpose, names of persons in attendance, and appropriate report of the expense for the incurred cost.
Packet Page. 1668
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 54 of 99
2.0 CRITERIA FOR DETERMINING AN ALLOWABLE EXPENSE
2.1 Considerations. To be reimbursed to an individual, a business expense must be:
2.1.1 Necessary to perform a valid business purpose fulfilling the mission of the City.
An expense is necessary if there is a valid business purpose required to fulfill the mission of the City. The primary benefit of a necessary business expense is the City, not the individual. A necessary expense is a minimum of purchase or service required to achieve a valid business objective.
2.1.2 Reasonable in that the expense is not extreme or excessive, and reflects a prudent decision to incur the expense. Reasonable means the amount that normally would be spent in a specific situation. An expense is considered reasonable if it is not extreme or excessive and reflects a prudent decision and action to incur the expense. This Policy does not define precise dollar amounts for what constitutes reasonable, because the reasonableness of an expense depends upon many relevant factors including the business purpose, the context, the source of funds, and the circumstances surrounding the expenditure.
2.1.3 Appropriate in that the expense is suitable and fitting in the context of the valid business purpose. Costs are appropriate if they are suitable or fitting for a particular business purpose. For a cost to be appropriate it is also presumed that there is a valid business purpose, which is normally the responsibility of the department to determine.
The following questions should be considered when determining the appropriateness of costs:
a. Could the cost be comfortably defended under public scrutiny? b. Would you be confident if the cost were selected for audit? c. Would you be comfortable reading about it in the newspaper? d. Has it been adequately documented?
2.1.4 Allowable according to the terms of any City policy. If a business expense is necessary, reasonable, and appropriate, the City will generally consider it an allowable expense, subject to approval.
2.1.4 (1) Allowable Food and Meals. Meals that meet all the above criteria must also meet IRS rules to be reimbursable and non-taxable to the employee or Elected Official. See Section 4.0 FOOD AND MEALS.
Packet Page. 1669
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 55 of 99
3.0 SUBSTANTIATION OF EXPENSE
For a business expense to be approved and reimbursed, it must be properly substantiated.
3.1 Clear, Complete and Accurate. All City-related business expenses require clear, complete, and accurate supporting documentation. The collective documentation associated with your expenses should answer who, what, where, when, and why of each transaction (as applicable). In your documentation, include:
a. Who attended (first and last names);
b. What purpose the expenditure served;
c. Why the expense was necessary, or how if furthered the City’s goals; and d. When and where the expense took place.
All documentation should be written in a way that will be understood by anyone who reviews it, whether today or many years from now. This includes a person outside of the City who is unfamiliar with a department’s work or jargon.
3.2 Business Purpose Examples.
3.2.1 The following would be considered incomplete business purpose descriptions for substantiation:
a. Dinner with Marcus G., economic development-PPP; Miyagi Sushi b. Lunch with Echo Group
c. Printing-sidewalk vending
3.2.2 The following are examples of clear, concise, and complete business purpose descriptions for substantiation:
a. Dinner with Marcus Grimm, economic development – Public-Private Partnership; Miyagi Sushi.
b. Lunch with Echo Group – Anh Nguyen, Felix Baca, and Ron Watson, re:
development in canyon; Jose’s Mexican Food.
c. Extra copies of sidewalk vending brochures printed for event at Orange Show.
3.2.3 Clear examples are important so that auditors and the public, even years from now, can understand why a purchase was made. For instance, in the examples above, printing services are usually purchased through the normal course of City business. It is only through the normal course of City business. It is only through the business description that clearly states “extra copies” printed for “event” that someone reading the backup material would understand the business need for printing outside a normal business process.
Packet Page. 1670
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 56 of 99
4.0 FOOD AND MEALS
Food and meal purchases are covered under this policy, the City’s Procurement Card (“P-Card”) Policy and the City’s Travel Policy. Because of IRS rules, any City purchase or reimbursement of meals require additional documentation.
4.1 General Eligibility. Purchases of food and meals are eligible for reimbursement if they are part of overnight travel (See Travel Policy), business meetings (Business Meals, Section 4.3) as allowed for Elected Officials or as approved by the City Manager, or to provide meals in the case of all-day meetings or scheduling that requires meetings to be held over a mealtime (Meals Provided During Work, Section
4.4). Any meal reimbursement will be in accordance with IRS rules.
4.2 Meals During Travel. For details about meals during travel for City business, see the City’s Travel Policy.
4.3 Business Meals. Meals that are purchased as part of business meeting are allowed for Elected Officials or as approved by the City Manager. These meals are governed under IRS rules (see IRS Pub. 5137) and require specific documentation
4.3.1 IRS Requirements
a. Business Connections. A description of the business purpose of the meal. The description should be through enough to pass audit scrutiny. See Section 5.2 for examples
b. Adequate Accounting within a “Reasonable” Period of Time. While the IRS does not specify a length of time for submitting receipts for reimbursement; this policy requires that any request for reimbursement be submitted no later than 60 days after the date of purchase.
c. Excess Reimbursements are Returned within a “Reasonable” Period of Time.
If an employee or Elected Official finds that they have been reimbursed more than amount owed; the excess should be remitted to the City with ten (10) business days of discovering the error.
4.3.2 Audit and Transparency Requirements
a. Itemized Receipt. The meal receipt MUST be itemized. Reimbursement will not be provided for summary receipts.
b. Names of Attendees. A list of all attendees of the meeting, first and last name.
Packet Page. 1671
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 57 of 99
4.3.3 Tipping. A maximum of 20% will be reimbursed.
4.4 Meals Provided During Work. The purchase/reimbursement of meals/food for staff during work hours is allowed under the following circumstances:
4.4.1 Working Meals. Working meals must be occasional and require preapproval by the Department Director. In the case of an employee meeting held during mealtime, a good faith attempt should be made by the meeting organizer to schedule the meeting at a time that does not overlap mealtime.
The following criteria must be met for a working meal to be reimbursable:
4.4.1 (1) City Business Purpose. There must be a clearly stated City business purpose for the meeting/working meal.
4.4.1 (2) List of Attendees. A list of all attendees (first and last name), and department, must be included.
4.4.1 (3) Reasonable Cost. As stewards of taxpayer dollars, it is incumbent upon all City employees and Elected Officials to use City funds wisely.
Food brought in for working lunches should be reasonably priced. “Reasonable cost” while not defined in this Policy in actual dollar terms, is defined as what would be paid by a prudent person under the same circumstances. Consider the Appropriate Cost questions from Section 2.1.3 when determining reasonable cost:
• Could the cost be comfortably defended under public scrutiny? • Would you be confident if the cost were selected for audit? • Would you be comfortable reading about it in the newspaper?
4.4.1 (4) Tipping. No more than a 20% tip will be reimbursed
4.5 Prohibited Meals and Food.
4.5.1 Alcohol. The purchase of alcohol is not eligible for reimbursement.
4.5.2 Taxable Fringe Benefits. Because IRS rules require that they be included in taxable wages as fringe benefits, reimbursements will not be provided for the following categories of meals (See IRS Pub. 5137 for details):
4.5.2 (1) Individual Meals. Meals purchased for or by an individual employee or Elected Official will not be reimbursed (Except for during overnight travel, which is covered under the Travel Policy. NOTE: if an individual meal is purchased, whether by p-card or erroneously reimbursed, and the funds are not returned to the City, the cost of the meal will be
Packet Page. 1672
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 58 of 99 included in the employee or Elected Official’s taxable wages as required by the IRS.
4.5.2 (2) Meals while on Day Trips. Meals purchased during day trips for work (not overnight) are not reimbursable, even if the trip extends beyond the regular workday.
5.0 AVAILABLE BUDGET AND PRE-APPROVALS
5.1 Verify Available Budget. It is the responsibility of the employee or the Elected Official to verify that there is adequate available budget for the planned expense before making any purchase on behalf of the City.
5.2 Pre-Approval. Employees purchasing food or tangible goods for a City purpose should have the approval of their immediate supervisor or Department Director before expending personal funds whenever possible.
5.2.1 Establishes City Purpose. By obtaining pre-approval, the City purpose of the expense is already established.
5.2.2 Forms of Pre-Approval. Pre-approval is for the protection of the employee making the purchase. By obtaining pre-approval, the employee can be reasonably assured that the personal funds expended for a City business purpose will be reimbursed. As such, it is the interest of the employee to ensure that the pre-approval:
5.2.2 (1) Includes the name of the person making the approval.
5.2.2 (2) Clearly identifies the specific expense that is pre-approved (may not be a “blanket” approval of multiple expenses).
5.2.2 (3) Can be printed or electronically attached to the request for reimbursement.
5.2.3 Verification of allowable Expense. If an employee, supervisor, or Department Director is uncertain regarding the allowability of the expense for reimbursement, they should contract Finance for verification.
5.2.4 Exemption of Pre-Approval Requirement for Elected Officials. Elected Officials are not required to obtain pre-approval for City business-related expenses except in the case of travel (See Travel Policy). However, it is incumbent upon the Elected Official to ensure that there is adequate budget available to cover any expenses before they are incurred.
Packet Page. 1673
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 59 of 99
6.0 APPROVAL AND REIMBURSEMENT
Requests for reimbursements should be submitted with original receipts attached and all appropriate documentation as discussed above to meet IRS, audit, and City transparency standards. Once this is complete, the request may be submitted for approval reimbursement.
6.1 Review and Approval – Employee Request for Reimbursement
6.1.1 Approval. Employees requests for reimbursement will go through approvals in the Department as follows – the employee’s immediate supervisor, and Department Director review and approval. After the Departmental approvals are complete, the Request will be moved to Finance for final approval and reimbursement. If Finance staff questions any expenses, they will escalate the Request to the Finance Director for review and a decision as to the allowability of the expense under the Policy. Once any questions are resolved, the Request will be moved to Accounts Payable for reimbursement.
6.1.1. (1) Finance Director Decision. The Finance Director’s decision as to the allowability of an expense will be final.
a. Rejected Reimbursement Memo. If the Finance Director determines that an expense is not reimbursable, they will draft a memo to the employee and the Department Director explaining the reason.
b. Option to Appeal. An employee may appeal the decision of the Finance Director to the City Manager.
6.1.1 (2) Appeal to City Manager. If an employee disagrees with the Finance Director’s decision, they may appeal the decision to the City Manager within ten (10) business days of the employee receiving the Rejected Reimbursement Memo.
a. Appeal Process. The employees making the appeal must submit a memo to the City Manager detailing why they disagree with the Finance Director’s decision. The memo should include specific references to this policy
b. Language and Accessibility. If the employee believes that they require help to write the memo, help will be provided by Human Resources personnel unconnected to this process. The deadline to submit the memo will be extended to accommodate for any scheduling issue delays. The deadline of ten (10) days will be
Packet Page. 1674
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 60 of 99 extended only in the case of a language or accessibility issue in completing the memo.
c. City Manager Decision. The City Manager’s decision will be final
6.1.1 (3) Taxability. If the City Manager allows reimbursement of an expense that the Finance Director has identified and rejected for reimbursement as a fringe benefit under IRS Pub. 5137 the amount will be reimbursed, and Finance will add the amount of the reimbursement to the employee’s taxable wages, as required by IRS rules regarding fringe benefits.
6.1.2 Payment. Accounts Payable will cut a check for reimbursement if there is adequate budget available. If there is not adequate budget, the Request will be rejected and returned to the Department.
6.2 Review and Approval – Elected Official Request for Reimbursement
6.2.1 Approval. Elected Official Requests for Reimbursement will go through approvals as follows – the Council Supervisor/Mayor’s Executive Assistant will review the Request, verify available budget, and escalate any questioned expenses to the Finance Director for review and a decision as to the allowability of the expense under this Policy. If there are not questioned expenses, the Council Supervisor/Mayor’s Executive Assistant will approve the Request and move it to Finance for final approval and reimbursement. If Finance staff questions any expenses, they may escalate the Request to the Finance Director for further review as to the allowability of the expense under this policy.
6.2.2 Questioned Costs. If the Finance Director finds that an expense submitted for reimbursement is not reimbursable under this Policy, and the Elected Official disagrees, the Elected Official may bring the expense before the Mayor and City Council during a regular meeting for a final determination of allowability (see Section 6.3.1).
6.2.2 (1) Taxability. If the Mayor and Council vote to allow reimbursement of an expense that the Finance Director has identified and rejected for reimbursement as a fringe benefit under IRS Pub. 5137, the amount will be reimbursed, and Finance will ad the amount of the reimbursement to the Elected Official’s taxable wages, as required by IRS rules regarding fringe benefits.
Packet Page. 1675
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 61 of 99
6.2.3 Payment. Accounts Payable will cut a check for reimbursement if there is adequate budget available. If there is not adequate budget, the Request will be rejected and returned to the Elected Official.
6.2.3 (1) Insufficient Budget. If there is insufficient budget in the appropriate line item to cover the expense, the Elected Official has two options:
a. Request that budget be transferred from another line item within the Elected Official’s department budget in an amount sufficient to cover the expense, or
b. Withdraw the Request or Reimbursement.
6.3 Rejected Reimbursement Requests to City Council – Elected Officials Only
6.3.1 Bringing a Rejected Reimbursement Request Before City Council
6.3.1 (1) Documentation. For a Rejected Reimbursement Request to be considered by City Council, the Elected Official must provide in advance of the meeting:
a. Substantiation of the Expense, see Section 3.0
b. All written communication (email, etc.) from City staff documenting the reason for rejecting the Request.
6.3.1 (2) Decision. The decision of City Council will be final. a. Abstain. The Elected Official requesting the reimbursement shall abstain from the vote.
b. Tie Vote. If the vote results in a tie, the Mayor will cast the deciding vote unless it is the Mayor requesting the reimbursement. If the vote results in a tie, the rejection will stand.
c. Council Decline. Council may decline to hear the Reimbursement Request by a majority vote. If Council declines to hear the Request, the rejection will stand.
d. Taxability. See Section 6.2.2 (1)
Packet Page. 1676
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 62 of 99 SECTION 3: PROCEDURES
Procedures:
Explain the “how” of decision making. They provide step-by-step instructions for specific routine tasks. They may include a checklist or process steps to follow. Procedures help guide policies. Procedures give instructions on how to utilize policies.
The Purpose of Procedures:
At the very least, procedures should outline the following information:
• Who is responsible for each task.
• What steps need to be taken.
• Who the responsible party reports to.
What makes a good procedure?
• Clear, concise, and simple language.
• Addresses how to implement policies.
• Takes user insight into account.
• Providing options when feasible, not unnecessarily restrictive.
Exceptions to the Bidding Process
Current Emergency Purchases: 3.04.075
In case of an emergency, which is so urgent as to preclude advance action by the Mayor and Common Council and which requires purchase of supplies, materials, equipment and contractual service, The City Administrator shall have the authority to authorize the Purchasing Agent to secure the open market at the lowest obtainable price and such supplies, materials equipment or contractual services. This emergency authority shall extend to all purchases; irrespective of the fact that amount might exceed the authorized limitation for open market purchases. In all instances a full explanation of the emergency circumstances shall be filed with the Mayor and Common Council.
If emergency work is performed, the Purchasing Division should be notified by the next business day. This will allow the Purchasing Division to properly ratify purchase orders.
What Constitutes as an Emergency:
• A public calamity
• An immediate need to prepare for national or local defense.
Packet Page. 1677
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 63 of 99 • The breakdown of machinery or equipment on service impediment which will require immediate resolution.
• A hazard or peril to public health or welfare
• A situation where the city is unable to perform services for the public.
Steps to take:
• If the emergency occurs during business hours, The Purchasing Division shall be notified the same day.
• If an emergency occurs during non-working hours, purchasing shall be notified during the next business day.
• Purchasing contracts vendor or delegates to department to secure rough order magnitude (ROM) written estimate. Purchasing or delegate notifies vendor to proceed. • Only licensed and insured vendors can be contracted with, as appropriate. • A purchasing order with a Not to Exceed Amount (NTE) shall be issued within 5 – 10 days.
• If feasible, a Vendor service Agreement to follow.
• If ROM exceed $100,000, council approval is required even if after the fact. • After the emergency is mitigated, if additional work is required, the normal competitive procurement procedure is to be followed.
• Contractors must be registered with DIR prior to the bid opening, to qualify to win the bid.
Municipal Code §3.04.070 Emergency Purchases
In case of an emergency, which is so urgent as to preclude advance action by the Mayor and City Council and which requires purchase of supplies, materials, equipment or contractual services, the City Manager shall have the authority to authorize securing in the open market any such supplies, materials, equipment or contractual services. This emergency authority shall extend to all purchases, irrespective of the fact that the amount might exceed the authorized thresholds outlined in Section 3.05.020 of the Municipal Code. An explanation of the emergency circumstances shall be filed with the Mayor and City Council within forty-eight (48) hours of the emergency purchase.
Packet Page. 1678
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 64 of 99 The Purchasing Process
Department Led Bids for Purchases between $10,001 and $40,000:
Please see Section 2: Polices, for Purchasing Expenditure and Approval Thresholds.
1. Department must contact all vendors/contractors/consultants via telephone, teleconference, or email for a quote request.
a. Please note if verbal requests for quotes are made, a written confirmation and/or follow-up must be sent to the vendors/contractors/consultants.
2. Department must provide all vendors/contractors/consultants with same SOW and specifications for the services/products/equipment that is needed. a. This for transparency and audit purposes
3. Department must provide all vendors/contractors/consultants with a due date/deadline to return their bid/quote. Please see the definition and detailed example of a valid quote.
a. Quote can be electronic in Excel, Word and PDF format. b. The date should be noted on the quote.
4. Departments must evaluate the bids submitted, showing documentation of the cost comparison.
5. Once bid is awarded, Department may process a purchase order for purchases between $10,001 up to $40,000. All bid documents must be attached to the PO in New World along with the certificate of insurance (Endorsements and Waivers of Subrogation), and current W9 with date and signature, if services are being provided to the City. a. It is the discretion of the Agency or Department Director to process an agreement for purchases between $10,001 and $40,000.
i. Agreement templates are available from the Purchasing Division. ii. If an agreement is required, please contact the Purchasing Division for review of the agreement before it is uploaded to DocuSign for signature.
Packet Page. 1679
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 65 of 99 Telephone Quotes
If quotes are requested verbally, they should always be followed up by email, fax, or text, if email is not an option. The only time that a follow-up is not required is under the following unusual conditions:
• Wi-fi servers are inoperable for both parties; therefore, emails can’t be received and sent.
• Fax is not available.
• The post office and other delivery courier services are not available. • Text messages are not an option.
When requesting a phone quote from a vendor, please follow the following instructions:
• Pre-write verbiage or a script in order to be transparent and ask each vendor for the same information.
• Make sure to document the time and date the vendor was contacted. • Make sure to advise the vendor of the date and time the quotes need to be submitted.. • All vendors need to be contacted within the ten (10) business days to ensure pricing is comparable. Prices obtained months apart are not comparable. • Make sure to obtain the vendors contact information in order to send a confirmation email.
If you send a follow-up email, you are much more likely to receive the written back-up for the quote that is required for audit purposes. While verbal quotes are quick and easy, sending a follow-up email takes only a few seconds and saves a lot of headaches later during an audit!
Packet Page. 1680
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 66 of 99 Example of an ideal simple quote:
Quotation
Quote Number: Date: May 7, 2021
Company Name: Contact Person and Contact Info.:
Project Title/Number: Total Cost:
Item Description Unit Price Quantity Price
Office Phone System
Instruction Book
Instruction Manual for the
NEC Office Phone System
$XX.XX 40 $XXX.XXX
Total Price $XXX.XX
Thank You very much for giving us the opportunity to quote. We hope to serve your order soon. If you have any questions, feel free to contact us at_______________.
Sincerely,
Contact Title
Contact Name
• A valid quote should contain the following information:
Supplier’s business details
Client details
Quote number
Date of issue
A list of services to be provided
What services won’t be provided
Breakdown of costs
Total cost of the project
Variations of (extra costs)
Timelines and completion dates
Factors which may affect the completion date
A place for customers to sign their acceptance
• Please Note: City staff should not sign acceptance of a quote. If terms and conditions are attached, the signer may be accepting terms and conditions and obligating the City to terms and conditions that are contrary to the City’s usual terms and conditions. Staff members that have been assigned purchasing and signing authority
Packet Page. 1681
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 67 of 99 should be the only individuals signing on behalf of the City. Individuals that have been designated purchasing and signature authority will contact the City’s legal Counsel if necessary to obtain legal advice as to signing pricing, quotes and proposals. Payment methods, is asking for a deposit
Response Time From Purchasing Agents
1. Please allow at least 72 hours for the Purchasing Division to respond to your requests.
Same day inquiries will be reviewed by urgency and/or priority but responses are not guaranteed the same day.
2. This is to respect and prioritize all duties/tasks for the purchasing staff and most importantly to be able to address all City departments fairly and timely.
3. For projects, please contact purchasing no less than 6 months, but preferably a year or more before your project has to be finalized and ready to go. i. Allowing long lead times assists purchasing with identifying the needs for your department, and it assists with the needs for the City overall. Purchasing may be able to assist with your SOW, identifying suppliers/vendors in the marketplace, and with formulating your department’s purchasing strategy which will reduce potential risks.
4. Please include the purchasing process/plan and timeline in your project presentation to the City Council.
i. This shows the City Council that the departments are collaborating with the Purchasing Division and that citywide staff is accountable for the project. This also gives the City Council more realistic estimated dates and times of when your project can be fully executed.
Packet Page. 1682
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 68 of 99 Purchasing Division Led Bids for all purchases:
1. Quick Quote via Planet Bids: Did you know that a quick quote can be utilized via Planet Bids for small purchases up to $10,000? Quick Quotes can be released with a bid close date within 48 to 72 hours.
a. The department must provide specifications to the Purchasing Division two (2) business days in advance for review and revisions before they would like the Quick Quote bid to be released. b. Departments should always send a detailed request to City Purchasing - - A detailed description of what you want to purchase, should include:
1. Color
2. Size
3. Amount/Quantity
4. Manufacturer Number
5. Name of Manufacturer, etc.
c. Quick Quotes have a turnaround time of 48 to 72 hours.
Quick Quote Process Chart
YES
NO
Department Identifies
Goods/Services to be
purchased
Purchasing will review the
request.
Did Dept. Provide all
relevant information for
Quick Bid to be Processed?
Request to be
returned to dept
for revisions.
Requesting Dept. Revises
request and resends to
purchasing.
Purchasing Dept. will move forward
with Quick Bid Release.
Purchasing Dept. Releases quick
quote with an assigned bid No. Bid
Turnaround is 48 to 72 hours
Bid Closes – Purchasing Reviews Bid
& Advises Dept. of winning
Company, Dept. Creates PO
(Purchasing May draft contract if
required) - Process is not Complete.
Packet Page. 1683
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 69 of 99
2. Request for Quotation (RFQ): RFQ’s can be processed for purchases greater than $10,000. a. Requesting Department must provide RFQ documents to the Purchasing Division seven (7) business days before the requested bid release date, for review and revisions before bid is RFQ is released.
b. Departments should always send a detailed request to the Purchasing Division.
1. A detailed Scope Of Services (SOS)/Scope Of Work (SOW) is to be provided to purchasing. A good, drafted SOS/SOW should answer the questions: What, When, Where, Who, Why & How.
2. A detailed pricing sheet for the vendor to fill out and submit for the RFQ
1. Please Note: If the RFQ request is sent back to the department due to insufficient information, when the request is returned to purchasing, there will be up to five (5) additional business days for review before the RFQ is released. c. R FQs have a minimum turnaround time of 14 business days ( from release to closing).
This does not include the evaluation of the bids, bid protest and award protests.
RFQ Process Chart
YES
NO
Did Dept. Provide all
relevant information for
RFQ Bid to be Processed?
Request to be
returned to dept
for revisions.
Requesting Dept. Revises
request and resends to
purchasing.
Purchasing Dept. will move forward
with RFQ Bid Release.
Purchasing Dept. Releases RFQ Bid
with an assigned bid No. Bid
Turnaround is 2 to 4 weeks
Bid Closes – Purchasing Reviews Bid
& Advises Dept. of winning
Company, Dept. Creates PO
(Purchasing will draft contract and
Process for signature Execution
Department Identifies
Goods/Services to be
purchased.
Purchasing will review the
request.
Packet Page. 1684
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 70 of 99
3. Request for Proposal (RFP): The document used to solicit proposals from potential providers (proposers) for contractual goods and services. Price is usually not a primary factor. RFPs provide for the negotiation of all terms, including price, prior to contract award.
An RFP may include a provision for the negotiation of best of final offers, and may be a single or multi-step process. For the City of San Bernardino, RFPs can be processed for purchases above $40,000. RFPs are usually solicited for High Value/High Risk projects and services.
1. The Department should be preparing for an RFP month in advance and contacting the Purchasing Division for advanced notification. RFP documents must be provided to the Purchasing Division no less than fourteen (14) business days in advance, before the requested RFP release date. This is for review and revisions before RFP is released.
2. The Department should always send a detailed request to the City Purchasing Division.
1. A detailed SOS/SOW is to be provided to purchasing. A good, drafted SOS/SOW should answer the questions: What, When, Where, Who, Why & How.
2. A detailed pricing sheet for the vendor to fill out and submit for the RFP.
Please Note: If an RFP request is sent back to the department due to insufficient information, when the RFP request is returned to purchasing, there will be up to five (5) additional business days for review before the RFP is released.
b. Department can require a Bidders Conference (Bid Meeting) to discuss and clarify inquiries from the participating proposers.
c. RFPs have a minimum turnaround time of 30 calendar days (from release to closing).
This does not include the evaluation of the RFPs, any protest and award protests.
See RFP Process Flow Chart on Next Page
Packet Page. 1685
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 71 of 99 RFP Process Chart
Yes
No
Department Identifies
Goods/Services to be
purchased.
Purchasing will review the
request.
Did Dept. Provide all
relevant information for
RFP to be Processed?
Request to be
returned to dept
for revisions.
Requesting Dept. Revises
request and resends to
purchasing.
Purchasing Dept. will move forward
with RFP Bid Release.
Purchasing Dept. Releases RFP Bid
with an assigned bid No. Bid
Turnaround is 4 to 6 weeks
Bid Closes –
Purchasing Reviews: Bid Pricing,
References, Exceptions, Deviations,
Purchasing Draft complete evaluation
Matrix.
Department Rev iews: responses and
qualifications of bids submitted.
Evaluation Matrix is reviewed by
Purchasing and Evaluation team, if a Best
and Final Offer (BAFO) is necessary,
Purchasing will contact vendors for
revised bid and deadline to submit BAFO’s
BAFO Closes:
Purchasing Reviews Revised Bid Pricing,
Exceptions, Deviations. Purchasing draft
complete evaluation Matrix
Department Reviews Re vised responses
and qualifications of BAFOs submitted.
Purchasing Sends Tentative award to most
responsive/responsible bidder, (Dept. cc’d)
once award accepted.
Purchasing sends finalized matrix to Dept.
so staff report can be drafted. and
qualifications of BAFOs submitted.
Once Agreement has been approved by City
Attorney (If Exceptions were taken) contract
is uploaded to DocuSign for signature
processing.
Once contract has been signed by all parties,
including vendor/consultant/contract, the bid
and contract process is complete.
DONE!!
Packet Page. 1686
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 72 of 99 Request for Information (RFI) or Request for Qualification (RFQual): A non- binding method whereby a jurisdiction publishes its need for input from interested parties for an upcoming solicitation. A procurement practice used to obtain comments, feedback, or reactions from potential responders (suppliers, contracts) prior to the issuing of a solicitation.
Generally, price or cost is not required. Feedback may include best practices, industry standards, technology issues, etc.
b. The Department requesting an RFI or RFQual should be preparing for the process months in advance and should contact the Purchasing Division for assistance. The Department must provide RFI/RFQual documents to the Purchasing Division fourteen (14) business days in advance of the requested release date, for review and revisions before the RFI or RFQual is released.
c. Departments should always send a detailed request to the City Purchasing Division. d. A detailed SOS/SOW is to be provided to purchasing.
1. A good, drafted SOS/SOW should answer the questions: What, When, Where, Who, Why & How. A detailed pricing sheet is not required for RFIs/RFQuals e. Departments can require a Bidders Conference to discuss and clarify inquiries from the participating respondents.
f. RFI’s/RFQual’s have a minimum turnaround time of 30 calendar days (from release to closing)
Please Note: If an RFI/RFQual request is sent back to a department due to insufficient information, when it is returned to purchasing, there will be up to five (5) additional business days for review before the bid is released. This does not include the evaluation of the RFI/RFQual, any protest and award protests.
Packet Page. 1687
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 73 of 99 RFI/RFQual Process Chart
Yes
NO
PROTEST PROCEDURE
1. Vendors not awarded for a contract have ten (10) business days to formally protest the award. The award should include precise fact and circumstances, and reason for the intent to award to be overturned.
a. The protest must be filed before the awarded contract or purchase order has been issued. The Purchasing Division may not act on a bid protest if it hasn’t been received in a timely manner. If the protest deadline has expired, the vendor will be notified, and the award process will move forward.
2. If the vendor bid protest is appropriately filed, the Purchasing Division may delay the award of a contract or purchase order until the matter is resolved. a. Please note that situations may occur where the delay of an award may not be in the best interest of the City due to emergency and/or time constraints such as the end of the City’s fiscal year or grant funding requirements. In these situations, the City has no obligation to delay or otherwise postpone an award of a purchase order or contract based on a vendor protest. In all cases, the Cities Purchasing Manager reserves the right to make an award when it is determined to be in the best interest of the City of San Bernardino. b. The Purchasing Manager will review the protest and will considered all information submitted with the protest. The purchasing manager will make the final decision in writing by email and will be followed up with a hard copy, or Department
Identifies
Goods/Services to be
purchased.
Purchasing will
review the request.
Did Dept. Provide all
relevant information for
RFP to be Processed?
Request to be
returned to dept
for revisions.
Requesting Dept. Revises
request and resends to
purchasing.
Bid Closes –Purchasing Reviews: Bid
& Advice Dept. of Results. A short
list is created from Results and a
RFP/RFQ is processed for the next
step., (See RFQ/RFP Flow Charts)
Purchasing Dept. will move
forward with RFI Bid Release
Purchasing Dept. Releases RFI
Bid Request with an assigned
bid number. Bid Turnaround
time 30 Calendar Days.
Packet Page. 1688
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 74 of 99 mail the notice to the protesting bidder within thirty (30) business days of confirmed receipt.
3. The Purchasing Manager may refer a protest of a technical nature to the requesting City Department for further clarification, and will prepare a response to the protesting vendor, advising them of the pending action(s), and when a formal response can be expected.
Packet Page. 1689
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 75 of 99
PROTEST FORM AND CONTENT
All protests shall be in writing and state that the vendor is submitting a formal protest, and the protesting vendor is responsible for ensuring that the protest is received within the protest deadlines. If the City does not receive the protest within the specified deadline, the protest may be rejected. The mailing address for all protests is:
City of San Bernardino
Purchasing Division
Attention: Purchasing Manager
290 North “D” Street
San Bernardino, CA. 92401
Include the following information shall be placed in the protest letter. Failure to provide the following information could result in rejection of vendor’s protest:
1. Company name, mailing address, phone number, and name of company individual responsible for submission of the protest
2. Please provide an email address for communication, clarification, and disposition of the pending protest
3. Specify the City Bid Number, bid title, closing date, and proposed award date of the solicitation
4. State the specific action or decision being protested
5. Indicate the basis for the protest
6. Indicate what relief or corrective action vendor believes the City should make
7. Demonstrate that every reasonable effort was made within the schedule provided, for vendor to resolve the basis of the protest during the process, including asking questions, seeking clarification, requesting addenda, and otherwise alerting the City to any perceived problems.
8. Protest letter must be signed by an authorized agent of the company
Packet Page. 1690
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 76 of 99 Vendor Setup
Instruction on how to request a New Vendor set-up and/or make changes to an existing vendor:
Go to New World (ERP System)
Financial Management
Purchasing
Vendor Change Request
• All vendors need documentation verifying their mailing address:
• W9
• City refund form
• Driver's License
• Asset forfeiture, Memo from PD
Purchase Orders (POs)
1. POs will be reviewed 2 days per week (Mondays and Fridays)
2. POs will be returned if proper documentation is not attached. a. Description must match the GL Account used and scope of work
3. Please be mindful that a PO is necessary “before” services are rendered. a. Example: POs are not rushed due to services being provided outside of an approved PO and/or agreement.
4. If using a Grants Account, please make sure to use a Grants PO.
5. Please make sure to obtain written permission the Grants Division.
Packet Page. 1691
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 77 of 99 PO Change Order Process:
Changes are made via the New World Database. A Detailed comment needs to be entered stating what is being updated.
1. Remove the check mark in the change process only
2. Enter either the PO number or Vendor to find the departments PO
3. Hit Search
4. Click on the PO number that needs to be changed
5. Make the changes as needed
6. Click Save, if enough funds aren’t available the PO will not validate
7. If you get a GIANT red X do not move it forward, you will need to adjust the budget
8. If a GREEN check mark appears , the PO is validated, then approve to move forward in the approval process
9. Once change order request goes through the approval process and is fully approved, purchasing will post, print and forward a copy of your to your department so you will know the change order is complete.
Packet Page. 1692
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 78 of 99 Furniture Order Process
There are a few things to be considered when you order furniture for new or existing staff.
1. There may be existing furniture that will meet your needs. Before ordering new furniture and/or cubicles, reach out to the Facilities Team. There are desks, credenzas, bookshelves, and cubicles available that are in excellent condition that may suit your needs. a. You are not required to use existing office furniture or cubicles. Sometimes the existing furnishings are too large for smaller offices, or the cubes are not suitable for the space. b. Chairs should always be ordered new. Using old chairs to save money can cost the City in the long term with potential ergonomic problems that they can cause or exacerbate for health employees.
2. If there is not existing furniture that suits the needs of your department , follow the RFQ Process to initiate the purchase of furniture that meets the needs of your department.
3. It is important to note that if City Facilities staff is unable to install your furniture and/or cubicles, a Public Works bid must be released for the installation of the furniture system according to State Law.
a. The bid will be released to certified/qualified vendors that have the proper licensing and certifications for the installation and comply with Prevailing Wage. b. Prevailing Wage applies to assembly, disassembly, installation, reconfiguring or securing furniture to walls.
c. Prevailing wage does not apply to delivery of furniture, or rearranging/moving chairs, bookcases, filing cabinets, desks, etc. within a space.
Staples Office Supplies
Staples is the city’s designated office supplies vendor.
1. To obtain a log-in
• Send an email to your assigned City Representative with your employee’s name, email address, phone, department and shipping address.
It is okay to ask for price matches for large, priced items. Please advise City Representative when an employee separates from the city so that their account is removed. Please note Furniture orders can be placed with Staples if a department has the approved specifications and measurements.
Business Registration
According to Municipal Code 5.04.005, a business registration certificate needs to be obtained before any person or business conducts business in the City. Please contact the Business Registration Department for all business certificate, licensing, and fee requirement information.
Packet Page. 1693
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 79 of 99 City of San Bernardino Contract Processing Guidelines
The Purchasing Division wants to ensure to meet the purchasing needs of the city as much as possible.
To safeguard that appropriate contract procedures a being properly followed; the following process is being implemented immediately:
1. Drafting a Contract.
a. If an individual department processes a bid, the Department can draft the service agreement using the city approved template.
2. All Contracts require purchasing review & approval prior to sending to the vendor/consultant for signature.
a. This is to ensure that everything is documented correctly within the agreement. b. The Department shall forward drafted agreement to the Purchasing Division for review and approval.
c. Purchasing may have some approved language and/or options to add to the agreement before sending to the vendor/consultant for review.
3. Contracts Requiring Purchasing/City Attorney review & approval prior to and after the vendor/consultant has been requested to sign the contract. a. Drafted templates that will not require City Attorney approval prior to sending to the vendor/consultant for signature are:
i. The contract is drafted on the City approved template and no exceptions or deviations have been taken on the terms and conditions. b. Drafted templates that will require Purchasing/City Attorney approval prior to sending to the vendor/consultant for review/revisions are:
i. The contract is above $40,000.
ii. The contract drafted on the City approved template and exceptions/deviations are being requested on the terms and conditions
iii. The contract is drafted on the vendor/consultants’ contract template. c. Drafted templates that will require City Attorney approval after sending to the vendor/consultant for review/revisions are:
i. The vendor has taken exceptions to the Terms and Conditions within the City approved agreement template.
ii. The vendor is counter-responding to the exceptions the City has taken on the vendor/consultants drafted contract template.
d. City Attorney is to be given a minimum of 7 to 10 business days to review contracts or to complete other legal review requests.
4. If wet signature is required. All contracts should be signed by the vendor/consultant prior to sending the contract to the Purchasing Manager and/or City Manager for final signature and approval.
a. This is a best practice for the business issuing the contract not to sign a contract until it is accepted by the other party and signed. Once it is accepted and signed by the other
Packet Page. 1694
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 80 of 99 party, the issuer should review the contract again to make sure no terms were changed and then sign it.
i. This best practice is also used when a vendor gives the City their contract template to review and sign. The city will not sign the contract until the vendor signs the negotiated terms and conditions first.
b. The City Purchasing Division is to be given a minimum of five (5) business days to review contracts or to complete other purchasing requests.
c. Sometimes vendors/consultants may change terms and sign contracts without advising that changes have been made on their end.
i. We must review and make sure that the same contract that was sent to them is being signed and returned to us.
d. Purchasing will forward the contract to the City Clerk for the City Attorney’s Signature and City Manager’s signature, via DocuSign, unless a wet signature is required. e. Once signed by the City Manager and finalized, everyone should receive a copy of the sign.
5. Agreement Amendments are generally Processed for the following reasons:
a. Rate Adjustments
i. Processed when a vendor has requested a rate increase. If rates are increased in a contract, an amendment needs to be processed. The amendment should contain the new rates along with indicating the new percentage of the rate increase.
b. Expiration Date Extensions
i. If an agreement is needed for a longer period of time, then an amendment needs to be processed. This will include contracts that have options to extend. If the City is going to use the option to extend, an amendment needs to be generated and stated that the City is using the option to extend the agreement. c. Scope of Work Changes
i. If the scope of services is being altered or information is being added to the SOW, then an amendment should be processed. Vendors are already obligated to provide the services/materials that are in their executed agreements, they are not obligated to provide more than what is stated in their SOW, this is why an amendment is needed.
d. Services/Delivery Schedule Changes
i. If a vendor has a set schedule of days and time that are in their contract and they want to make changes to that schedule, then the department needs to agree to that change and process an amendment.
e. Typos and Errors
i. When there is an error in an agreement it needs to be corrected and an amendment may need to be processed; an error may change the meaning of terms and conditions in a contract. Contact Legal Services for review to determine if the error has a material impact on the agreement or contract.
Packet Page. 1695
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 81 of 99 All completed copies of executed amendments shall be attached to the PO in the Financial System.
6. When purchasing conducts, a bid, purchasing is responsible for drafting the contract. Please provide the Buyer with the Following information:
a. Annual Cost for the contract
b. Whether or not it is a multiple year contract
c. If Council approval is required, please provide the date of the meeting, item number, and annotated page showing approval.
Please do not upload contracts to DocuSign that have been processed by the Purchasing Division, that is Purchasing’s responsibility.
7. When using DocuSign, Contract will be uploaded into DocuSign and the contract will go through the internal process for signatures and the vendor’s email is added in order to obtain their electronic signature.
Packet Page. 1696
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 82 of 99 City Approved Agreements
Template Title Purposes Insurance Requirements Bonds
Contract Amendment To amend Terms and Conditions in an
executed agreement
Insurance requirements are based on
original Agreement
N/A
Contract Extensions To extend the terms and conditions of an agreement
Insurance requirements are based on
original Agreement
N/A
Design Build Agreement For single projects with turnkey design and construction
Commercial General Liability (CGL)
Contract Price Amt of Liability Ins (occ.)
$0 - $2mil $2 mil
$2mil - $5mil $3 mil
$5mil - $10mil $5 mil
$10mil - $20 mil $10 mil
Automobile $5 mil per accident
Workers Comp. $1 mil
Professional Liability $2 mil
Performance
Bond
Payment Bond
Design Services Agreement For Professional Design Services Only CGL $2mil per occ/$4 mil aggregate Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
Performance
Bond
Payment Bond
Encroachment Agreement To document City’s authorization of the Permittee’s encroachment onto City’s
Property
Insurance Requirements is dependent on
Scope of Work contained in the
agreement and Permit shall not take
effect or become binding on City until
Permittee has complied with the
insurance requirements.
N/A
Goods Purchase Agreement Is to purchase all machinery,
equipment, supplies, items, parts,
materials, labor or other services,
including design, engineering and
installation services. Delivery Date(s)
upon which the goods are to be
delivered to the City, ready for
approval, testing and/or use.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Lease Agreement – City as
Lessee
For City the pay Lessor rent for a
property for a premises, for an
extended period of time
Insurance requirements are based on the
intended use of the rental property
N/A
Lease Agreement – City as
Lessor
For city to rent out city owned property
to a Lessee for an extended period of
time.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
N/A
License Agreement City owned real property in which a
Licensee desires to obtain CITY’S
permission to enter onto the Property
for a specified period of time.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
N/A
Long Form Construction
Specifications
Complex/High Risk/High Value
Construction Projects
CGL $5mil per occ/$10 mil aggregate
Automobile $5 mil per occ
Workers Comp $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
Performance
Bond
Payment Bond
Packet Page. 1697
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 83 of 99 Template Title Purposes Insurance Requirements Bonds
Builder’s Risk
Contractor’s Pollution Liability $1 mil per
occ/ $2 mil aggregate
Maintenance Services
Agreement
1. Routine, recurring, and usual work for
the preservation or protection of any
publicly owned or publicly operated
facility for its intended purposes.
2. Minor repainting
3. Resurfacing of streets and highways
at less than one inch.
4. Landscape maintenance, including
mowing, watering, trimming, pruning,
planting, replacement of plants, and
servicing of irrigation and sprinkler
systems.
5. Work performed to keep, operate,
and maintain publicly owned water,
power, or waste disposal system,
including, but not limited to, dams,
reservoirs, powerplants, and electrical
transmission lines of 230,000 volts and
higher.
CGL:
$2 mil per occ/$4 mill aggregate.
Limits may be increased if work involved
Construction $5mil per occ/$10 mil
aggregate.
Automobile $1 mil per occ
Workers Comp $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
Builder’s Risk
Contractor’s Pollution Liability $1 mil per
occ/ $2 mil aggregate
Performance
Bond
Payment Bond
Nuisance Abatement
Services Agreement
Nuisance abatement is a legal
procedure for correcting a situation that
is considered a nuisance. Nuisances can
take the form of health and safety
threats in addition to circumstances
that impact quality of life. Thus, issues
like poor sanitation, abandoned
property, havens for criminal activity,
and loud music are all nuisances and
can be subjected to nuisance
abatement.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Comp $1 mil per occ
Performance
Bond
Payment Bond
On-Call Professional
Services Agreement
For Professional Services for Specialized
Services such as Financial, Economic,
Accounting, Legal Engineering or
Administrative Services
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Professional Services
Agreement
A professional services agreement is
essentially a form that collects all the
relevant information in a professional
endeavor between two parties. Its
purpose is to aid in preparing a
functional contract for said services
between the parties. It is typically
divided into two sections – the
agreement, and the exhibit.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Professional Software
Services Agreement
A professional services agreement is
essentially a form that collects all the
relevant information in a professional
software services endeavor between
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
N/A
Packet Page. 1698
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 84 of 99 Template Title Purposes Insurance Requirements Bonds
two parties. Its purpose is to aid in
preparing a functional contract for said
services between the parties. It is
typically divided into two sections – the
agreement, and the exhibit.
Professional Liability $2 mil per
claim/Aggregate
Cyber Liability $1 mil per
claim/Aggregate
Professional Services
Agreement Caltrans –
FHWA
A professional services agreement is
essentially a form that collects all the
relevant information in a professional
endeavor between two parties. Its
purpose is to aid in preparing a
functional contract for said services
between the parties. It is typically
divided into two sections – the
agreement, and the exhibit. Agreement
is full funded by Caltrans on behalf of
FHWA
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Employers Liability $1 mil per occ
Professional Liability $2 mil per
claim/Aggregate
N/A
Real Estate Purchase
Agreement
Transactional agreement between a
Buyer and Seller of Real Estate Property
Buyer maintains and will continue to
maintain adequate public liability
insurance coverage throughout the term
of this Agreement. Buyer’s indemnity
obligations as set forth herein will survive
termination of this Agreement.
N/A
Real Estate Sale Agreement Transactional agreement between a Buyer and Seller of Real Estate Property
At Close of Escrow (as defined below),
Seller will convey good and marketable
title to the Property to Buyer as
evidenced by an ALTA Non-Extended
Form Owners Policy of Title Insurance
(“Title Policy”), issued by the Title
Company in an amount equal to the
Purchase Price, and with endorsements
requested and paid for by Buyer, and
subject only to the Permitted Exceptions.
Seller will assign to Buyer all insurance
proceeds and the Purchase Price will be
reduced by the amount of any
deductible.
N/A
Reimbursement &
Indemnification Agreement
Reimbursement: to Reduce or avoid tax.
The benefit under a reimbursement
agreement can be the payment of
money, the transfer to property or an
estate, interest, right or power in or
over property or the provision of
services.
An Indemnity Agreement allows the
injured party to claim compensation or
reimbursement for the losses that are
suffered from the party that is liable to
make up for these damages
N/A N/A
Packet Page. 1699
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 85 of 99 Template Title Purposes Insurance Requirements Bonds
Reverse License Agreement the License Agreement to be entered into by Buyer and Seller at the Closing in
the form attached hereto as Exhibit B.
CITY, shall be lawfully self-insured with
minimum coverage limits as required by
LICENSOR as described in Exhibit “C”.
Prior to (i) entering the Licensed Property
or (ii) performing any work or
maintenance on the Facility, CITY shall
furnish LICENSOR with the insurance
endorsements and certificates in the
form and amounts specified in Exhibit
“C”, evidencing the existence, amounts
and coverage of the insurance required
to be maintained hereunder. LICENSOR
shall not be liable for the payment of any
premiums or assessments for insurance
required to be maintained by CITY under
this Agreement.
N/A
Reverse Right of Entry
Agreement
GRANTOR hereby grants to GRANTEE
and its agents, employees and
contractors the temporary non-
exclusive right to enter onto the
Property for the Project; provided,
however, that GRANTEE’s use of the
Property permitted hereunder shall not
interfere with the reasonable use and
enjoyment thereof by GRANTOR or any
tenants, occupants or persons claiming
through or under GRANTOR; and
provided further that all persons who
enter upon the Property pursuant to
this Right of Entry do so at their own
risk and shall comply with any and all
instructions and directions of GRANTOR.
N/A Bond
Right of Entry Agreement Employees and contractors the
temporary non-exclusive right to enter
onto Property solely for a project.
provided, however, that GRANTEE’s use
of the Property permitted hereunder
shall not interfere with the reasonable
use and enjoyment thereof by
GRANTOR or any tenants, occupants or
persons claiming through or under
GRANTOR; and provided further that all
persons who enter upon the Property
pursuant to this Right of Entry do so at
their own risk and shall comply with any
and all instructions and directions of
GRANTOR.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
N/A
Short Form Construction
Contract
A short form agreement is legal
document that is used to procure small
renovation or construction services
from a contractor or construction
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
Builders’/All Risk
N/A
Packet Page. 1700
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 86 of 99 Template Title Purposes Insurance Requirements Bonds
company. The contract states who the
parties are, what work is to be
completed, and by what date the
project should be done.
Professional Liability Ins. $2 mill per occ.
Short Form Services
Agreement
It is intended for use in business-to-
business transactions and is not suitable
for use in consumer transactions.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
Builders’/All Risk
Professional Liability Ins. $2 mill per occ.
N/A
Vendor Services Agreement A vendor service agreement is used whenever a business owner or an
individual hires a person or company to
provide services or products. Vendor
agreements are used in all sorts of
industries, including professional
services, technology, marketing, event
planning, and much more. A quality
vendor service agreement clearly states
the product or service the vendor will
provide and the expectations of the
deal from the beginning. It also lowers
the risk of dispute or confusion for
everyone involved.
A vendor service agreement should be
used for all types of events, including
farmer's markets, festivals, or fairs, to
ensure everyone benefits from the
experience. In a vendor agreement, the
conditions and expectations of the
service or product are clearly laid out.
CGL $2mil per occ/$4 mil aggregate
Automobile $1 mil per occ
Workers Compensation $1 mil per occ
Builders’/All Risk
Professional Liability Ins. $2 mill per occ.
Packet Page. 1701
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 87 of 99 Non-City Approved Agreements
Type of Agreement Definitions
Cooperative Agreements These are agreements between a government entity and a business, created in order to lower the cost of procuring goods and services that multiple entities commonly need.
1. Cal Procure: State Leveraged Procurement Agreements
2. OMNIA Partners
3. Sourcewell
4. NASPO
5. BuyBoard Purchasing Cooperative
Piggybacking When you use an existing contract to acquire the same commodities or services at the same or lower price from another public entity contract. Subject Matter Comparisons: The product or service acquired through piggybacking must be comparable to what your original acquisition needs, function, and goals are.
Single Source A procurement decision whereby purchases are directed to one source because of standardization, warranty, or other factors, even though other competitive sources may be available.
A department must demonstrate in detailed writing, to the Purchasing Agent that the purchase can only be obtained from a single source.
Note: This is a LEGAL requirement, not just an ordinance. This is to protect against any discrimination for ALL bidders, contractors.
We are ran by the public for the public.
Sole Source Is used only when there is only one qualified company that has developed a patent or copyright product or services; when the product or service is required immediately due to a pressing emergency; or it is not in the public’s interest to hold a competition.
Please contact purchasing to use the Single/Sole Source Justification Form when requesting to utilize a Single/Sole Source Procurement. See example below
Packet Page. 1702
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 88 of 99 City of San Bernardino
Finance Department, Purchasing Division
JUSTIFICATION OF SINGLE/SOLE SOURCE REQUEST
ITEM Description ________________________________ DATE__________
Select Source:
____Sole Source: Item is manufactured and/or only distributed by one vendor. ____Single Source: Item is available from several vendors, but item is the only one that will work
Please answer all questions in detail, in order to prevent delays in the evaluation.
Please do not provide one sentence answers. If any additional pages are needed to answer all questions, please attach all pages to this document.
1. Why is the acquisition restricted to this good/service/supplier? (Explain why the acquisition cannot be competitively bid). Please enter answer below
2. Describe the uniqueness of the purchase (why was the good/service/supplier chosen?) Please enter the answer below
3. What are the consequences of not purchasing the goods/service or contracting with the proposed supplier?
4. What market research was conducted to substantiate the single source, including evaluation of other items considered?
a. (Please provide a narrative of your efforts to identify other similar or appropriate goods/services, including a summary of how the department concluded that such alternatives are either inappropriate or unavailable. The names, addresses and phone numbers of suppliers contacted and the reasons for not considering them must be included or an explanation of why the survey or effort to identify other goods/services was not performed.)
5. How was the price offered determined to be fair and reasonable? Explain what the basis was for comparison and include cost analyses as applicable. (I.e., Compared to vendor’s previous or current offer to the city or to another agency/company – or any other method of comparison that will substantiate fair and reasonable pricing in the absence of competition)
Packet Page. 1703
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 89 of 99
6. Describe any cost savings realized or costs avoided by acquiring the goods/services from this supplier.
Signature Block Below
____________________ ___________
Department Head Date
____________________ _____________
Approved Not Approved Date
(Up to $100,000)
Purchasing Manager
SSJ Justification: _______________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ Over $100,000 – must be submitted for City Council Approval with the Purchasing Manager in concurrence.
Packet Page. 1704
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 90 of 99 Please contact the City Clerk’s office if you have questions regarding the DocuSign Process for Agreement Signatures:
City Clerk requires: That only Finalized Agreement be uploaded to DocuSign. Before uploading an agreement to DocuSign, please forward the following Documents to your designated Buyer for review via email:
1. Drafted Agreement
2. Quote(s)
3. COI with waivers of Subrogation and Endorsements
4. W9 with wet signature and current date
5. City Business License
Packet Page. 1705
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 91 of 99 How to Calculate Cost Avoidances and Cost Savings for Procurement Projects Cost Savings vs. Cost Avoidance
- Cost-savings measures any actions that lower current spending, investment, or debt levels. They result in a tangible financial benefit for the organization. The amount of money saved as a result of these measures should always be reflected in the financial statements and next year’s budget. Actual cost savings should be visible in the financial statements compared to prior period; planned cost savings should be reflected in the budget. Examples of cost saving measures are:
o Reduction of overtime hours
o Elimination of temporary labor employees
o Negotiation of price decreases for products and services o Negotiation of a lower rental fee for facilities and equipment - Cost avoidance measures are any actions that avoid having to incur costs in the future.
They represent potential increases in costs that are averted through specific preemptive actions. These measures will never be reflected in the budget or the financial statements. Some examples of cost avoidance measures are:
o A reduction of a proposed price increase from a vendor o The elimination of the need for additional headcount through process improvements, or a change in maintenance schedules for critical equipment to avoid work stoppages.
Packet Page. 1706
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 92 of 99 How to Calculate a Cost Avoidance Example
Average Cost of Bids Submitted $ 1,000,000.00
Winning Bid $ 350,000.00
Average Cost of Bids - Subtracted from winning bid = Cost Avoidance $ 650,000.00 Divide Cost Avoidance/ Average cost of bids = Percentage of savings/avoidance for project 65%
How to Calculate a Basic Cost Savings Example
Cost used in previous project/services $ 55,000.00 Cost of new winning bid $ 46,000.00
Subtract previous cost from - new bid cost = New cost savings $ 9,000.00 Divide Cost Savings/ previous project cost = Percentage of new cost savings 16%
Packet Page. 1707
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 93 of 99 Certificate of Insurance (COI):
All vendors are required to provide a COI for the services, materials and equipment that they are providing to the city. Insurance limits vary dependent upon the type of work and services that are being provided. The Current Insurance Limits for 2023 are the following:
Professional Services Agreements, Lessee Agreements & Vendor Agreements • General Services will usually require a minimum amount such as CGL $2,000,000 per occ./$4,000,000 aggregate.
• Professional Liability will usually require No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate.
• Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage.
• Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.
Environmental Contractors and/or Consultants Agreements • Commercial General Liability (CGL). No less than $2,000,000 per occ./$4,000,000 aggregate
• Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. • Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage.
• Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.
Construction Services Agreements
• Commercial General Liability (CGL). No less than $5,000,000 per occ./ $10,000,000 aggregate.
o The higher limit is appropriate for general contractors on any new construction or major remodel projects. Subcontractors in areas of higher risk, such as electric, roofing, or plumbing work, should have limits above the standard minimum of $2 million.
• Automobile Liability. No less than $5,000,000 per accident for bodily injury and property damage.
Packet Page. 1708
City of San Bernardino | Purchasing Manual
Form# PURCH-100 Purchasing Guidelines and Procedures Rev. April 18, 2023 Page 94 of 99 • Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.
• Builder’s Risk. (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.
• Professional Liability. No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate.
• Contractors’ Pollution Legal Liability. And/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. • Aviation and Cyber Liability Insurance (May be required):
o Unmanned Aerial Systems (UAS) – aka “Drones”, has determined that drones are “currently the most dynamic growth sector in Aviation.
o Amount of Insurance Needed:
Typically, liability limits may be purchased on a combined single limit basis at $500,000, $1,000,000 and $2,000,000 and higher depending on insurance company and/or requirement.
• Design/Build Contracts (Professional Liability). For contracts with construction risk, there is added coverage requirements for professional liability. It is necessary for “design/build” contracts where the contractor is expected to provide engineering and architectural services.
Please note that Bonds may be required such as: Surety Bonds, Bid Bonds, Performance Bonds, Payment Bonds, Subdivision or Completion Bonds. Please review the contract template and/or contact the City Attorney to verify if there is a requirement for Bonds.
Professional Software Services Agreements
and may be required for other types of
agreements.
• General Services will usually require a minimum amount such as CGL $2,000,000 per occ./$4,000,000 aggregate.
• Professional Liability will usually require No less than $2,000,000 per occurrence or Claim, $2,000,000 aggregate.
• Automobile Liability will usually require No less than $1,000,000 per accident for bodily injury and property damage.
• Worker’s Compensation will usually require No less than $1,000,000 per accident for bodily injury or disease. Not required if consultant provides written verification, it has no employees.