Agenda packet — Mayor and City Council, November 5, 2025 (part 1 of 6)

Mayor and City Council of the City of San Bernardino Page 1

CITY OF SAN BERNARDINO
AGENDA

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

AGENCY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

HOUSING AUTHORITY, AND MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY

WEDNESDAY, NOVEMBER 05, 2025
3:00 PM CLOSED SESSION 5:00 PM OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG

Theodore Sanchez Helen Tran

Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa

Sonia Carvalho
MAYOR PRO TEM, WARD 3 CITY ATTORNEY
Fred Shorett

Telicia Lopez
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus

COUNCIL MEMBER, WARD 5
Mario Flores

COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 9982680 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

REASONABLE ACCOMMODATIONS
To view PowerPoint presentations, written comments, or any revised documents for this meeting date, use this link: tinyurl.com/agendabackup.

Select the corresponding year and meeting date folders to view documents.

Mayor and City Council of the City of San Bernardino Page 2

CALL TO ORDER
A
ttendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Mayor Pro Tem, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Council Member, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
City Clerk Telicia Lopez
3:
00 P.M.

LOSED SESSION PUBLIC COMMENT

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Christina Nedrebo v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2402094
B) CONFERENCE WITH LEGAL COUNSEL with Legal Counsel Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases C) CO NFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i.) Notice of Claim Treasure Ortiz, dated March 28, 2025, Claim No. GHC0082770 D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION

1. Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): (1) Case E) PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957) Title: City Manager
5:
00 P.M.

NVOCATION AND PLEDGE OF ALLEGIANCE
C

LOSED SESSION REPORT
p. 16
Mayor and City Council of the City of San Bernardino Page 3

PRESENTATIONS

1. San Bernardino Community College District (SBCCD) Presentation (All Wards)

2. Citizen of the Month – Andy Fuentes p. 18
San Bernardino High School, Civic Engagement

3. Citizen of the Month – Johnny Carrera p. 20
Angel Heart Bio Trauma, Civic Engagement
P

UBLIC HEARING

4. Appeal 2507 for Conditional Use Permit 2301 & Public Convenience or Necessity 2301 (Ward 2) p. 22
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:

1. Adopt Resolution No. 2025 380 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 2507, thereby upholding the Planning Commission’s denial of Conditional Use Permit 2301 and Public Convenience or Necessity 2301 and not allowing the request for an Alcoholic Bev erage Control Type 20 (OffSale Beer & Wine) License within an existing, approximately 1,434 squarefoot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 014601325) within the Commercial General (CG1) zone (Attachment 1).

2. Adopt Resolution No. 2025 381 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 2507, thereby overturning the Planning Commission’s denial of Conditional Use Permit 2301 and Public Convenience or Necessity 2301 to allow the request for an Alcoholic Beverage Control Type 20 (Off Sale Beer & Wine) License within an exis ting, approximately 1,434 s quarefoot Arco gas station and convenience s tore, located at 189 W. Highland Avenue (APN: 014601325) within the Commercial General (CG1) zone (Attachment 2).
p. 17
Mayor and City Council of the City of San Bernardino Page 4

5. Public Hearing on Annexation No. 51 to Community Facilities District 20191 (Maintenance Services) – Cajon Industrial Park (Ward 6) p. 114 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2025382 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 51); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2025383 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 20191 (Maintenance Services) (Annexation No. 51); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC 1655 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC1522 and levying s pecial taxes to be collec ted during Fiscal Year 20252026 to pay annual costs of the maintenance and servicing of landscaping, lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 20191 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC1655 for November 19, 2025.

TY MANAGER UPDATE
P

UBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA We ask that you please observe proper decorum, and do not speak out of turn or make comments from your seat. If you wish to address the Mayor and Cit y Council please be sure to submit a speaker slip. If you speak out of turn or disrupt the meeting a warning may be given and/or you will be asked to leave the meeting pursuant to Government Code Section 54957.9 and Penal Code 403.

CONSENT CALENDAR

6. Approval of Various Mayor and City Council Meeting Minutes p. 169 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. August 28, 2023 Special Meeting Draft Minutes

2. January 31, 2024 Special Meeting Draft Minutes

3. August 20, 2025 Regular Meeting Draft Minutes

4. September 17, 2025 Regular Meeting Draft Minutes

5. October 14, 2025 Special Meeting/State of the City Draft Minutes Mayor and City Council of the City of San Bernardino Page 5

7. Approve Amendment No. 1 to the Agreement with Mandeville Modular for the Navigation Center’s Modular Units Extending the Contract Term Date Through December 31, 2026, and Increasing the NotToExceed Amount by $224,406.14; Approve Change Order No. 2; and Authorize an Additional Allocation of $214,420 in Project Contingencies (Ward 1) p. 213
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Approve Amendment No. 1 to the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular extending the term of the Original Agreement through December 31, 2026, and increasing the notto exceed amount by $224,406.14 for a new total contract amount not to exceed $10,317,433.14; and

2. Approve Change Order No. 2 with Mandeville Modular in the amount of $1,239,668 for structural steel cost increases; and

3. Authorize additional projec t c ontingencies in the amount of $214,420, increasing the total project budget for the modular units to $10,531,853.14; and

4. Authorize the City Manager, or designee, to expend the contingency fund, if necessary, to complete the project.

8. Investment Policy Statement Update (All Wards) p. 296 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the updated Investment Policy Statement for FY 2025/26.

9. Resolution to Approve the Recognized Obligation Payment Schedule (ROPS) 2026 27 A and B (All Wards) p. 336
Recommendation:

It is recommended that the May or and City Council of the City of San Bernardino, California, acting in its capacity as the Succes sor Agency to the Redev elopment Agency of the City of San Bernardino:

1. Adopt Resolution No. 2025384 to Approve the Recognized Obligation Payment Schedule (ROPS) 2627 A and B; and

2. Authorize the City Manager, as the Successor Agency’s Executive Director or designee,
a. Transmit the ROPS 2627 A and B to the State Department of Finance and other designated agenc ies as prescribed by the California Health and Safety Code (HSC);
b. Make ministerial revisions to ROPS 2627 A and B, which may include, but are not limited to restating the information included within ROPS 26 27 A and B in any format that may be requested by the State Department of Finance;
c. Take such other actions and execute such other documents as are necessary to effectuate the ROPS; and
d. Implement ROPS 26 27 A and B on behalf of the Successor Agency, including authorizing and causing such payments as authorized by ROPS 2627 A and B.

Mayor and City Council of the City of San Bernardino Page 6

10. Approve Updates to the Memorandum of Understanding with the San Bernardino Police Officers’ Association (All Wards) p. 347
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve updates to the Memorandum of Understanding (MOU) with the San Bernardino Police Officers’ Association (SBPOA) for Police Safety Employees.

11. Approve $12,000 from Supervisor Joe Baca Jr. from the County of San Bernardino for Blair Park Batting Cage Improvements (Ward 5) p. 387
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025385:

1. Authorizing the City Manager, or designee, to c onduct all additional negotiations, signings, and submittals of necessary documents to receive the County funds; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 operating budget in both revenues and expenditures, and appr opriate $12,000 for Blair Park Batting Cage improvements.

12. Acceptance and Approval of Amendment No. 1 for the FY 20242027 Modernization for Older Californians Act/Nutrition Services Grant Award in the amount of $90,000 (All Wards) p. 396
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025386:

1. Authorizing the City Manager or designee to accept and approve Amendment No. 1 revised contract and budget in the total amount of $189,900 from the San Bernardino County Department of Adult and Aging Services – Public Guardian Modernization of Older Californians Act (MOCA)/Nutrition Services Grant; and

2. Authorizing the City M anager or designee to conduc t all negotiations, signing, and submitting necessary documents to r eceive the grant awar d funds; and

3. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 operating budget in both rev enues and expenditures , and appropriate $90,000 in grant award funds to be used towards intergenerational activities and infrastructure improvements.

13. Technical Correction for the San Manuel Community Grant Fund Restricted Grant Agreement – Third Amendment (All Wards) p. 455
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025387, authorizing the Director of Finance & Management Services to amend the Fiscal Year 2025/26 Operating Budget to increase appropriations by $838,258.33 in expenditures to reflect funding associated with the Third Amendment to the San Manuel Community Grant Fund Restricted Grant Agreement.

Mayor and City Council of the City of San Bernardino Page 7

14. Award of Agreement for Construction of Rudy Hernandez Community Center Gym Flooring Replacement with McWil Sports Surfaces in the amount of $256,800.60 (Ward 1) p. 506
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025388; and

1. Approve the termination of the Agreement with HUR Flooring Corp. in the amount of $185,578.00 for the Rudy Hernandez Community Center Gym Flooring Replacement Project (“Project”); and

2. Approve the award of an Agreement with McWil Sports Surfaces in the amount of $256,800.60 for the Project; and

3. Authorize project construction, construction contingencies, construction management, and adminis trativ e costs in the total amount of $321,001.00 for the Project; and

4. Authorize the Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Program (CIP) budget by allocating an additional $96,001.00 from available Cultural Development Funds, increasing the total project budget from $225,000 ( compr ised of $177,952 in Grant Funds and $47,048 in General Fund) to $321,001.00; and

5. Authorize the City Manager or designee to execute all documents with McWil Sports Surfaces; and

6. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

15. Approve Amendment No. 2 to the Agreement with IMEG Consultants Corporation Regarding Civil Engineering Services for the Cross Street Bridge Replacement in the amount of $31,000 for a total amount not to exceed $221,190 (Ward 2) p. 745 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve Amendment No. 2 to the Civil Engineering Services Agreement with IMEG Consultants Corp. in the amount of $31,000, which is inclusiv e of $11,000 in project contingencies, for Cross Street Bridge Replacement, and extending the term of the agreement to March 31, 2026; and

2. Authorize the City Manager or designee to execute all documents with IMEG Consultants Corp.

Mayor and City Council of the City of San Bernardino Page 8

16. Approve Memorandum of Understanding (MOU) between the City of San Bernardino and Southern California Association of Governments (SCAG) for Technical Assistance on the Planning for Main Streets Project – Waterman Avenue (Route 18) between Arrowhead Road and 30th Street to 40th Street (Ward 4 and 7) p. 787 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the Memorandum of Under standing (MOU) between the City of San Bernardino and the Souther n California Association of Governments (SCA G) for technical assistanc e on the Planning for Main Streets Project along Waterman Avenue (Route 18) from Arrowhead Road to 30th Street; and

2. Authorize the City Manager, or designee, to execute all documents with SCAG.

DISCUSSION

17. Approval of the Loan and Regulatory Agreements between the City of San Bernardino and E. Street Veterans Apartments, LP, A California Limited Partnership (Ward 2) p. 801
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Authorize the execution of the Loan and Regulatory Agreem ents between the City of San Bernardino and E. Street V eterans Apartments, LP, a California Limited Partnership, for the allocation of $1,985,401 in Permanent Local Housing Allocation funds and $2,014,599 in Low and Moderate Income Housing Asset Funds, totaling $4 million, to support the development of the E. Street Veterans Apartments located at 1351 N. E Street, San Bernardino, California; and

2. Adopt Resolution No. 2025389, authorizing the Dir ector of Finance and Management Services to amend the Fiscal Year 2025/2026 operating and capital budget by $4 million, allocating $1,985,401 in Permanent Loc al Housing Allocation funds and $2,014,599 in Low and Moderate Income Housing Asset Funds; and

3. Authorize the City Manager, or designee, to take any further actions and execute any and all documents or instruments, including but not limited to subordination agreements for senior lenders, subject to review and approval by the City Attorney to facilitate execution of the agreements and release of funds.

Mayor and City Council of the City of San Bernardino Page 9

18. Introduce, Read by Title Only, and Waive Further Reading, Ordinance No. MC1656 Amending Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code, Relating to the Construction and Demolition Debris Recycling Program (All Wards) p. 1064
Recommendation:

It is recommended that the Mayor and City Counc il of the City of San Bernardino California:

1. Introduce, read by title only, and waive further reading, Ordinance No. MC 1656 amending Section 8.24.100 of Chapter 8.24 of Title 8 of the S an Bernardino Municipal Code, relating to the Construction and Demolition Debris Recycling Program; and

2. Schedule the adoption of Ordinance MC1656 for the regular meeting of the Mayor and City Council on December 3, 2025.

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

19. Staff to Bring Back the Following for Council Consideration with 45 days: (1) Adoption/Update to the San Bernardino Encampment Ordinance to Define “Persistent Camping,” Prohibit Encampments in Sensitive Areas, and Establish Progressive Measures for Multiple Refusals; and (2) A “No Unsanctioned DropOff” Ordinance Requiring Documented Consent, Receiving Provider Acceptance, 48 hour Advance Notice to the City, and Penalties for Violating Agencies.(Council Member Knaus) p. 1092

20. Consideration of bringing back the Veterans Day Parade for the 2026 Calendar Year.

Historically, the parade concluded at Seccombe Lake Park, where the community gathered to celebrate and pay tribute to local heroes. To ensure a successful and inclusive event it is requested to explore partnership opportunities with local veteran and community organizations, including but not limited to: The Veterans Chamber of Commerce, Disabled American Veterans (DAV) Chapter 12, Inland Empire Military Museum, and City of San Bernardino American Legions and Veterans of Foreign Wars (VFW). (All Wards) –(Council Member Flores) p. 1093

21. At the Completion of the Street Improvement Assessment Study, Bring Forth a Discussion Item to Create a 5 to 10 Year City Wide Paving Schedule and Funding Plan to Begin in Fiscal Year 26/27. Funding Discussion to Include but are not Limited to Possible Use of Measures S, Measure I, Cannabis Tax, Property Tax Reimbursements, Franchise Fees, Impact Fees, Grant Opportunities and Water Department Project Collaborations. (All Wards) – (Council Member Ortiz) p. 1094 Mayor and City Council of the City of San Bernardino Page 10

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS A

DJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on November 19, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Mayor and City Council of the City of San Bernardino Page 11

CERTIFICATION OF POSTING AGENDA
I, T
elicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the November 5, 2025, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, October 31, 2025.

I dec
lare under the penalty of perjury that the foregoing is true and correct.

Telicia Lopez, CMC, City Clerk

Mayor and City Council of the City of San Bernardino Page 12 NOTICE:

In accordance with Resolution No. 201889 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

Rule 1. Public comment shall be received on a first come, first served basis. If the presiding officer determines that the meeting or hearing may be lengthy or complicated, the presiding officer may, in his or her discretion, modify these rules, including the time limits stated below.

Rule 2. All members of the public who wish to speak shall fill out a speaker' s reservation card and turn in the speaker reservation card to the City Clerk prior to the time designated on the agenda. Comments will be received in the order the cards are turned in to the City Clerk. Failure of a person to promptly respond when their time to speak is called shall result in the person forfeiting their right to address the Mayor and City Council.

Rule 3. The presiding officer may request that a member of the public providing comment audibly state into the microphone, if one is present, his or her name and address before beginning comment. If that person is representing a group or organization the presiding officer may request that the speaker identify that group or organization, including that group or organization' s Address.

Rule 4. Notwithstanding the provisions of Rule 2 and 3 above, a person shall not be required to provide their name or address as a condition of speaking.

Rule 5. Time Limits:

5.01 Each member of the public shall have a reasonable time, not to exceed three ( 3) minutes per meeting, to address items on the agenda and items not on the agenda but within the subject matter jurisdiction of the Mayor and City Council.

5.02 Notwithstanding the time limits set forth in subsection 5. 01 above, any member of the public desiring to provide public testimony at a public hearing shall have a reasonable time, not to exceed ( 3) minutes, to provide testimony during each public hearing.

Mayor and City Council of the City of San Bernardino Page 13

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A threeminute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide 15 copies)

The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed.

Mayor and City Council of the City of San Bernardino Page 14 ALTERNATE MEETING VIEWING METHOD:

If
there are any technical issues with the live stream or recording from the main agenda portal or if you require an option with Closed Captioning, you may view the meeting from the following location (TV3). ht
tps://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

PUBLIC COMMENT OPTIONS
Please use ONE of the following options to provide a public comment:

W
ritten comments can be emailed to [email protected]. Written public comments received up to 1:30 p.m. on the day of the meeting (or otherwise indicated on the agenda) will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed bythe public online at tinyurl.com/agendabackup .

A
ttend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically after the 1:30 p.m. deadline will not be accepted.

P
lease note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909
998
2680 or S
[email protected] for assistance outside of this timeframe.

Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

EETING TIME
N
OTE: Pursuant to Resolution No. 2024029, adopted by the Mayor and City Council on February 21, 2024:
“
Section 3. All meetings are scheduled to terminate at 10:00 P.M. on the same day it began. At 9:00 P.M., the Mayor and City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00 P.M. and will continue all other items on which additional time is required until a future Mayor and City Council meeting. A majority vote of the Council is required to extend a meeting beyond 10:00 P.M. to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 15 T
his Page Intentionally Left Blank

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: Closed Session
A) CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.)Christina Nedrebo v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2402094
B) CONFERENCE WITH LEGAL COUNSEL with Legal Counsel - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases
C) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION – Significant Exposure to litigation (Pursuant to Government Code Section 54956.9(d)(2)):
i) Notice of Claim Treasure Ortiz, dated March 28, 2025, Claim No.

GHC0082770
D) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): (1) Case
E) PUBLIC EMPLOYEE EVALUATION (Pursuant to Government Code Section 54957)
i) Title: City Manager
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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: San Bernardino Community College District (SBCCD) Presentation (All Wards)

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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Dr. Treasure Ortiz, Council Member, 7th Ward
Department: Council Office
Subject: Citizen of the Month – Andy Fuentes
San Bernardino High School, Civic Engagement

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CERTIFICATE

OF RECOGNITION

FROM THE MAYOR & CITY COUNCIL

PROUDLY PRESENTED TO
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NOVEMBER 2025
Citizen of the Month
In recognition of your outstanding service, steadfast dedication, and unwavering commitment to improving the quality of life for the residents of San Bernardino, your leadership, compassion, and civic engagement embody the spirit of community and serve as an inspiration to others. We honor the meaningful difference you continue to make in our city.

PRESENTED ON NOVEMBER 5, 2025

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PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Dr. Treasure Ortiz, Council Member, 7th Ward
Department: Council Office
Subject: Citizen of the Month – Johnny Carrera
Angel Heart Bio Trauma, Civic Engagement

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CERTIFICATE

OF RECOGNITION

FROM THE MAYOR & CITY COUNCIL

PROUDLY PRESENTED TO

NOVEMBER 2025
Citizen of the Month

In recognition of your outstanding service, steadfast dedication, and unwavering commitment to improving the quality of life for the residents of San Bernardino, your leadership, compassion, and civic engagement embody the spirit of community and serve as an inspiration to others. We honor the meaningful difference you continue to make in our city.

PRESENTED ON NOVEMBER 5, 2025

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Gabriel Elliott, Director of Community Development and Housing Department: Community Development and Housing
Subject: Appeal 25-07 for Conditional Use Permit 23-01 & Public Convenience or Necessity 23-01 (Ward 2)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:

1. Adopt Resolution No. 2025 - 380 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 25-07, thereby upholding the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 and not allowing the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013- 25) within the Commercial General (CG-1) zone (Attachment 1).

2. Adopt Resolution No. 2025- 381 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 25-07, thereby overturning the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 to allow the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013- 25) within the Commercial General (CG-1) zone (Attachment 2).

City Manager's Comments
The Planning Commission voted 6-1 to deny the CUP. Based on their vote and findings, I defer to the Planning Commission’s decision.

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Executive Summary
Appeal 25-07 involves the Planning Commission’s denial of a Conditional Use Permit (CUP) and issuing a Public Convenience or Necessity (PCN) letter for a Type 20 (Off- Sale Beer & Wine) Alcoholic Beverage Control (ABC) license to the existing gas station and convenience store (‘Arco’) at 189 West Highland Avenue. The Planning Commission’s denial prevents the gas station and convenience store from selling beer and wine at their location. This decision was based on there being an overconcentration of ABC licenses in the area, the site’s proximity to other establishments, and the crime rate statistics for that district. The applicant is requesting the City Council to approve the appeal and overturn the Planning Commission’s denial of CUP 23-01 and PCN 23-01, which would allow them to sell beer and wine at their location.

Background
On July 10, 2025, City Staff recommended denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01, which requested the approval of a new Type 21 (Off-Sale General) license. This recommendation was not based on the type of license being requested but on the site’s location within a reporting district that exceeds the average City-wide crime rate and did not meet locational restrictions. The Planning Commission continued the item to August 12, 2025 to be heard as a Type 20 (Off-Sale Beer & Wine) license.

At the Planning Commission meeting of August 12, 2025, the Commission voted to adopt Resolution No. 2025-033 – PC, therefore denying the request for a Type 20 license based on the Findings of Fact. The Motion to approve Staff’s Recommendation for denial passed by 6 – 1 vote.

On August 27, 2025, the applicant filed an appeal (Appeal 25-07) consistent with the City’s requirements for appeals enclosed in Section 19.52 (Hearings and Appeals).

Discussion
Appeal Grounds
The applicant’s appeal was based on the following:

1. Conditions of approval can be used to mitigate the site’s sale of alcohol in a high crime area, proximity to sensitive uses, and any potential alcohol related issues.

2. An overconcentration of licenses within a given subject census tract has become industry standard.

Project Description/Analysis
Pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the applicant and their representative, Erika Diaz, are requesting the approval of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 to permit the sale of alcoholic beverages with a Type 20 (Off-Sale Beer & Wine) License from the Department of Alcoholic Beverage Control at an existing Arco gas station and convenience store.

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The project site is approximately 0.38 acres, located at 189 West Highland Avenue on the southeast corner of W. Highland Avenue and N. Mountain View Avenue (APN: 0146- 013-25) within the Commercial General (CG-1) zone.

Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.

TABLE 1: SITE AND SURROUNDING LAND USES

LOCATION LAND USE ZONE GENERAL PLAN

DESIGNATION
Site Arco Gas Station Commercial General (CG-1) Commercial North MT&H Meat Market
Carniceria Commercial General (CG-1) Commercial
South Residential Residential Suburban (RS) Single-Family Residence
East Vacant Commercial General (CG-1) Commercial
West 7-Eleven Commercial General (CG-1) Commercial
The subject site is located within Census Tract No. 0054.00. The California Department of Alcoholic Beverage Control (ABC) reports that Census Tract No. 0054.00 has a population of 6,981 persons and encapsulates approximately 448 acres. ABC’s concentration standards allow for a maximum of five (5) off-sale licenses. There are currently seven (7) active off-sale licenses within this census tract resulting in an overage of two (2) off-sale ABC licenses in the subject census tract.

Per Section 19.06.030(2)(B)(Article II)(Section III)(I)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code, proposed alcoholic beverage sales activities that are within 500 feet of an existing alcoholic beverage sales activity is cause for denial based on potential adverse effects to the public’s interest, health, safety, or convenience. ‘Green Shack Market Place’ holds License No. 184851, which is a Type 21 (Off-Sale General) license and is 55.00 linear feet from the subject ‘Arco’. The Type 20 (Off-Sale Beer & Wine) license which is 82.80 linear feet from the subject site is held by ‘7 Eleven’ under License No. 511544. Both licenses are within the 500-foot locational restriction of proposed alcoholic beverage sales activities.

Per Section 19.06.030(2)(B)(Article II)(Section III)(A)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code, new alcoholic beverage licenses are prohibited within 500 feet of a place of worship or religious institution. However, service stations may be exempted from these locational restrictions, subject to evaluation of site-specific conditions through the CUP review process and considering recommendations from the Police Department. The proposed use is located within 500 feet of two (2) places of worship or religious institutions.

Specifically, the subject ‘Arco’ is 124.30 linear feet from ‘Iglesias de Restauración San Bernardino’ and 334.20 linear feet from ‘La Luz del Mundo’, both of which are within the 500-foot threshold of a sensitive land use.

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Table 2, below, provides the distances in relation to the proposed project, all of which are basis for denial per Section 19.06.030(2)(B)(Article II)(Section III) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code:

TABLE 2 – Distance from Sensitive Land Uses
Sensitive Land Use Address Land Use Distance (approx.)
Iglesias de
Restauración San
Bernardino
172 West Highland
Avenue
Place of
Worship/Religious
Institution
124.30 linear feet
(0.02 miles)
La Luz del Mundo 248 West Highland
Avenue
Place of
Worship/Religious
Institution
334.20 linear feet
(0.06 miles)
TABLE 3 – Locational Restrictions
Locational
Restriction
Address Land Use Distance (approx.)
Green Shack Market
Place
(License No. 21-
184851)
163 West Highland
Avenue
Market 55.00 linear feet
(0.01 miles)
7 Eleven
(License No. 20-
511544)
207 West Highland
Avenue
Gas station and
convenience store

82.80 linear feet
(0.01 miles)
Service stations may be considered for an exemption to the distance requirements from specific sensitive uses subject to Conditions of Approval for the mitigation of potential effects to the public welfare. As such, Staff has provided site-specific conditions including limited alcohol sales hours and locked metal coolers (Attachment 2 – Condition 28, 33(d), & 33(e)).

Police Department Review
The Police Department has reviewed the application for the allowance of an Alcoholic Beverage Control (ABC) Type 20 (Off-Sale Beer & Wine) license for the existing gas station and convenience store (Arco) and conducted an investigation based on the information provided and crime statistics within the surrounding area (Attachment 5).

TABLE 4 – Police Department Crime Statistics
City of San Bernardino Subject Reporting District
Total Reporting Districts Average Crimes Per
Reporting District
Part 1 Crimes Part 2 Crimes
219 140 59 81
Of the total crimes, forty (40) were calls for service and two (2) reports were required.

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As reported by the Police Department, Arco is located within a reporting district that exceeds the City-wide average percentage of crimes by a total of 104.65%. The Police Department does not provide recommendations for approval or denial.

California Environmental Quality Act (CEQA)
In accordance with § 15301 (Existing Facilities), the Planning Division conducted an environmental evaluation in connection with proposed Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 and concluded that the approval of a Type 20 (Off-Sale Beer & Wine) License would not change the current land use (gas station and convenience store) and would therefore not have the potential to cause a significant effect on the environment.

General Plan Goals and Policies
The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:
Land Use Element Policy 2.4: Enhance the quality of life and economic vitality in San Bernardino by strategic infill of new development and revitalization of existing development.
Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses.

The proposed project does not implement the above General Plan goals and policies that the applicant is proposing for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 due to the adverse impacts on residents and the surrounding uses based on an overconcentration of licenses, the site’s location within a reporting district that exceeds the average City-wide crime rate, and the site’s inability to meet locational restrictions for new alcohol outlets.

Appeal Actions
This staff report has outlined actions previously taken by the Planning Commission and Planning Staff under Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01. The action taken by the City Council could affirm or overturn Planning Commission’s approval of Resolution No. 2025-033 – PC, which denied the request for an alcohol license.

A denial of Appeal 25-07 would uphold the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 for a Type 20 (Off-Sale Beer & Wine) license. The property is located within a reporting district that exceeds the average City-Wide crime rate (Table 4) and did not meet locational restrictions to sensitive uses and other alcohol outlets (Tables 2 & 3). As such, Council’s denial would affirm that the proposed alcohol license is not compatible with existing and potential land uses within the general area.

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An approval of Appeal 25-07 would overturn the Planning Commission’s denial of the proposed Type 20 license. New alcoholic beverage sales proposed at service stations may be exempt from select locational restrictions subject to the approval of a Conditional Use Permit and evaluation of site-specific conditions. Attachment 2, ([Resolution No. 2025-38 (Approval of Appeal’)] includes conditions to mitigate alcohol-related problems that involve the limitation of alcohol sales hours between 6:00 a.m. to 10:00 p.m., usage of locked metal coolers for the storage and display of alcohol products, and restrictions on volume and quantity of alcohol products. Therefore, Council’s approval of Appeal 25- 07 overturning the original denial would assert that these site-specific conditions are sufficient in mitigating any alcohol related issues or nuisances. 2021-2025 Strategic Targets and Goals
Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 could have aligned with Mayor and City Council 2020-2025 Key Strategic Targets and Goals No. 4:

Economic Growth and Development. As the proposed project would have increased overall general sales and provided retail sales tax from the sales of alcoholic beverages to the City of San Bernardino.

Fiscal Impact
There is no fiscal impact associated with Appeal 25-07.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California take the following action:

Attachments

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Attachment 1 – Resolution No. 2025-380 (Denial of Appeal) Attachment 2 – Resolution No. 2025-381 (Approval of Appeal) Attachment 3 – Resolution No. 2025-381, Exhibit A – Plans Attachment 4 – Resolution No. 2025-033 – PC (Original Denial, Ratified) Attachment 5 – Police Department Memorandum
Attachment 6 – Appeal Application
Attachment 7 – Environmental Determination – CEQA Exemption Attachment 8 – PowerPoint Presentation
Attachment 9 – Legal Ad 11.05.2025
Attachment 10 – Development Code References
Ward:

Second Ward
Synopsis of Previous Council Actions:

N/A
CC: Eric Levitt, City Manager

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Resolution No. 2025-380
Resolution 2025-380
November 5, 2025

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RESOLUTION NO. 2025-380

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
DENYING APPEAL 25 -07, THEREBY UPHOLDING THE
PLANNING COMMISSION’S DENIAL OF CONDITIONAL
USE PERMIT 23 -01 AND PUBLIC CONVENIENCE OR
NECESSITY 23-01 TO ALLOW THE SALE OF ALCOHOLIC
BEVERAGES WITH A TYPE 20 (OFF-SALE BEER & WINE)

LICENSE FROM THE DEPARTMENT OF ALCOHOLIC

BEVERAGE CONTROL AT AN EXISTING ARCO GAS

STATION AND CONVENIENCE STORE CONTAINING
APPROXIMATELY 1,434 SQUARE FEET ON A PARCEL
CONTAINING APPROXIMATELY 0.38 ACRES, LOCATED
AT 189 W . HIGHLAND A VENUE (APN: 0146 -013-25),
WITHIN THE COMMERCIAL GENERAL (CG-1) ZONE.

WHEREAS, on March 10, 2023, pursuant to the requirements of Chapter 19.36 (Conditional Use Permits) and Section 19.06(2)(B) (Commercial Zones Specific Standards – Alcohol Beverage Sales) of the City of San Bernardino Development Code, an application for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 was duly submitted by:

Applicant: 189 W. Highland, LLC
c/o Erika Dias
110 East Longden Avenue, Suite A
Irwindale, CA 91706

Property Owner: 189 W. Highland, LLC
c/o Erika Dias
110 East Longden Avenue, Suite A
Irwindale, CA 91706

APN: 0146-013-25
Zone: Commercial General (CG-1)

WHEREAS, Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 is a request to allow the sale of alcoholic beverages with a Type 20 (Off-Sale Beer & Wine) License from the Department of Alcoholic Beverage Control (ABC) at an existing, approximatel y 1,434 square feet gas station and convenience store on a parcel containing approximately 0.38 acres; and

WHERAS, the Planning Division of the Community Development & Housing Department has reviewed Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and

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WHERAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the Planning Division of the Community Development & Housing Department evaluated Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01, and determined that it is not subject to CEQA pursuant to with Section 15061 (b) (3) (Review for Exemption); and WHEREAS, on June 10, 2025, pursuant to the requirements of Section 19.52.040 (Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission opened and continued the duly noticed public hearing for their consideration of the Conditional Use Permit 23-01 and Public Convenience 23-01 to the next regularly scheduled meeting of August 12, 2025; and
WHEREAS, on August 12, 2025, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 and at which meeting the Planning Commission considered Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and WHEREAS, at the August 12, 2025 Planning Commission meeting – after conducting the public hearing, receiving public testimony, and deliberation by the Commission, Commissioner Benjamin Pratt made a motion seconded by Commissioner Dan Carlone to approve Resolution No. 2025-033 denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and
WHEREAS, on August 27, 2025, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the applica nt submitted an application for Appeal 25- 07 of the decision taken by the Planning Commission denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and WHEREAS, on October 25, 2025, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the owners and tenants of property located within 1,000 feet of the subject property of the holding of a public hearing at which Appeal 25-07 of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 would be considered; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Appeal 25- 07 for Conditional U se Permit 23-01 and Public Convenience or Necessity 23-01.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDIO, CALIFORNIA, AS FOLLOWS:

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

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SECTION 2. Compliance with the California Environmental Quality Act. As the decision- making body for the project, the Major and City Council have reviewed and considered the information contained in the administrative record of Appeal 25- 07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and
(2) In accordance with Section 15270 (Projects Which are Disapproved) of the CEQA Guidelines, the Mayor and City Council has determined that consideration of Conditional Use Permit 23-01 and Public Convenience or Necessity 23- 01 is exempt from CEQA due to the fact that the Mayor and City Council is denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and
(3) The determination of the project’s CEQA exemption reflects the independent judgement of the Mayor and City Council.

SECTION 3. Findings of Fact – Conditional Use Permit 23 -01 and Public Convenience or Necessity 23-01.

Finding No. 1: The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use.

Findings of Fact: The request to allow the establishment of a new Alcoholic Beverage Control license (Type 20 – Off-Sale Beer & Wine) in conjunction with the existing gas station and convenience store is subject to the approval of a Conditional Use Permit (CUP) with the appropriate Conditions of Approval and CEQA determination. The project site is located in the Commercial General (CG - 1) zone and is substantially surrounded by existing commercial uses.

Section 19.06.030(2)(B)(Article II)(Section III)(A)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code prohibits new alcoholic beverage licenses with in 500 feet of a place of worship or religious institution. Service stations may be exempted from these locational restrictions, subject to evaluation of site- specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department. The proposed use is located within 500 feet of two (2) places of worship or religious institutions. The subject ‘Arco’ is 124.30 linear feet from ‘Iglesias de Restauración San Bernardino’ and 334.20 linear feet from ‘La Luz del Mundo’, both of which are within the 500-foot threshold estab lished for sensitive land uses.

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Although the proposed alcoholic beverage sales activity is permitted in the Commercial General (CG -1) zoning district subject to the approval of a Conditional Use Permit and may be exempt from select locational restrictions as an existing service station, the overconcentration of licenses in the site’s census tract, its location within a reporting district that exceeds the average City -wide crime rate, and its inability to meet locational restrictions for new alcohol outlets would cause adverse impacts on residents and the surrounding uses.

Finding No. 2: Finding of Public Convenience or Necessity (Business and Professions Code Section 23958.4(b)(2)), if the activity will be located in an area that has been determined by the State of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4 (a).

Finding of Fact: The subject site is located within Census Tract 0054.00. The California Department of Alcoholic Beverage Control (ABC) reports that Census Tract No. 0054.00 has a population of 6,981 persons and encapsulates approximately 448 acres. Department of A BC license concentration standards allow for a maximum of five (5) off -sale licenses within the census tract. Currently there are seven (7) existing active off -sale licenses within the subject census tract. Two (2) active licenses are within one hundred feet (100’) of the subject site: Green Shack Market Place located at 163 West Highland Avenue (55.00 linear feet) and 7 Eleven store at 207 West Highland Avenue (82.80 linear feet).

The site does not currently hold any existing alcohol licenses. As such, the approval of the license would increase the number of active off-sale licenses and result in an overage of three (3) licenses within the census tract, necessitating a Public Convenience or Necessity Letter and deeming the subject census tract overconcentrated.

Finding No. 3: A finding that the alcoholic beverages sales activity will not aggravate existing problems in the neighborhood created by the sales of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise, and littering.

Finding of Fact: The Police Department has indicated that there are a total of 219 reporting districts within the City and that there was an average of 68.41 crimes per reporting district during the course of the reporting year. A report was created for the subject reporting district to identify the number of crimes reported over a twelve (12) -month period. During this period, there were fifty-nine (59) Part I crimes and eighty-one (81) Part II crimes for a total of 140 crimes reported at the subject location. Of the total crimes, forty (4 0) were calls for service and two (2) reports were required. There are eight Part I crimes which include murder, nonnegligent manslaughter, forcible

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rape, robbery, aggravated assault, burglary, larceny- theft, motor vehicle theft. Part II crimes consist of simple assaults, vandalism, drug abuse violations, disorderly conduct, and fraud. As reported by the Police Department, Arco is located within a reporting district that exceeds the City- wide average percentage of crimes by a total of 104.65%. As such, the approval of Conditional Use Permit 23- 01 and Public Convenience or Necessity 23-01 could aggravate existing problems in the neighborhood.

Finding No. 4: The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverage sales activity establishments.

Finding of Fact: The proposal would allow the establishment of a new ABC Type 20 (Off- Sale Beer & Wine) License in conjunction with the existing Arco gas station and convenience store within 124.30 linear feet of Iglesias de Restauración San Bernardino and 334.20 linear feet of La Luz del Mundo, both of which are places of worship. Therefore, the project site does not meet the required 500-foot separation from sensitive uses established by the City’s Development Code.

Finding No. 5: The proposed establishment will otherwise be compatible with existing and potential uses within the general area.

Finding of Fact: The proposed establishment of a new Type 20 (Off-Sale Beer & Wine ) License with the Department of ABC in conjunction with the existing Arco gas station and convenience store does not satisfy the locational restrictions for a new alcoholic beverage sale activity nor the locational restrictions for sensitive land uses. ‘Green Shack Market Place’ holds License No. 184851, which is a Type 21 (Off-Sale General) license and is 55.00 linear feet from the subject ‘Arco’. The Type 20 (Off-Sale Beer & Wine) license 82.80 linear feet from the subject site is held by ‘7 Eleven’ under License No. 511544.

Both licenses are within the 500- foot locational re striction of proposed alcoholic beverage sales activities. Therefore, Conditional Use Permit 23 - 01 and Public Convenience or Necessity 23- 01 would not be compatible with existing and potential land uses within the general area.

Finding No. 6: The proposed establishment is not located in what has been determined to be a high-crime area or where a disproportionate number of police service calls occur.

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per reporting distract by a total of approximately 104.65%. Two (2) of the calls for service were alcohol related. Staff has determined that the proposed scope of work is located in a high-crime area.

Finding No. 7: The use of the proposed establishment is consistent with the General Plan.

Finding of Fact: The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:

Land Use Element Policy 2.2.9: Require Police Department review of uses that may be characterized by high levels of noise, nighttime patronage, and/or rates of crime; providing for the conditioning or control of use to prevent adverse impacts on adjacent residences, schools, religious facilities, and similar “sensitive” uses.

Land Use Element Policy 2.2.10: The protection of the
quality of life shall take precedence during the review of new projects. Accordingly, the City shall utilize its discretion to deny or require mitigation of projects that result in impacts that outweigh benefits to the public.

With a crime rate within the subject reporting district above the City -wide average, a new ABC Type 2 0 (Off-Sale Beer & Wine ) License in conjunction with the existing Arco does not comply with the abovementioned General Plan policies.

SECTION 4. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5
th day of November, 2025.

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Resolution No. 2025-380
Resolution 2025-380
November 5, 2025

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Helen Tran, Mayor
City of San Bernardino

Attest:

Telicia Lopez, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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November 5, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )

I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-380, adopted at a regular meeting held on the 5th day of November, 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ

WITNESS my hand and official seal of the City of San Bernardino this ___ day of November, 2025.

Telicia Lopez, CMC, City Clerk

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Resolution No. 2025-381
Resolution No. 2025-391
November 5, 2025

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RESOLUTION NO. 2025-381

A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
GRANTING APPROV AL OF APPEAL 25 -07 THEREBY

OVERTURNING THE DECISION OF THE PLANNING

COMMISSION AND APPROVING CONDITIONAL USE
PERMIT 23 -01 AND PUBLIC CONVENIENCE OR
NECESSITY 23-01 TO PERMIT THE SALE OF ALCOHOLIC
BEVERAGES WITH A TYPE 20 (OFF-SALE BEER & WINE)

LICENSE FROM THE DEPARTMENT OF ALCOHOLIC

BEVERAGE CONTROL AT AN EXISTING ARCO GAS

Applicant: 189 W. Highland, LLC
c/o Erika Dias
110 East Longden Avenue, Suite A
Irwindale, CA 91706

Property Owner: 189 W. Highland, LLC
c/o Erika Dias
110 East Longden Avenue, Suite A
Irwindale, CA 91706

APN: 0146-013-25
Zone: Commercial General (CG-1)

WHEREAS, Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 is a request to allow the sale of alcoholic beverages with a Type 20 (Off-Sale Beer & Wine) License from the Department of Alcoholic Beverage Control (ABC) at an existing , approximately 1,434 square feet gas station and convenience store on a parcel containing approximately 0.38 acres; and

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Resolution No. 2025-391
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WHERAS, pursuant to the requirements of the California Environmental Quality Act (CEQA), the Planning Division of the Community Development & Housing Department evaluated Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01, and determined that it is not subject to CEQA pursuant to Section 15301 (Existing Facilities) of the State CEQA Guidelines; and
WHEREAS, on June 10, 2025, pursuant to the requirements of Section 19.52.040 (Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission opened and continued the duly noticed public hearing for their consideration of the Conditional Use Permit 23-01 and Public Convenience 23-01 to the next regularly scheduled meeting of August 12, 2025; and
WHEREAS, on August 12, 2025, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals – Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 and at which meeting the Planning Commission considered Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and WHEREAS, at the August 12, 2025 Planning Commission meeting – after conducting the public hearing, receiving public testimony, and deliberation by the Commission, Commissioner Benjamin Pratt made a motion seconded by Commissioner Dan Carlone to approve Resolution No. 2025-033 denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and
WHEREAS, on August 27, 2025, pursuant to the requirements of Section 19.52.100 (Filing of Appeals) of the City of San Bernardino Development Code, the application submitted an application for Appeal 25- 07 of the decision taken by the Planning Commission denying Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01; and WHEREAS, on October 25, 2025, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals – Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino, and by mailing notices to the owners and tenants of property located within 1,000 feet of the subject property of the holding of a public hearing at which Appeal 25-07 of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 would be considered; and
WHEREAS, pursuant to the requirements of Chapter 19.52 (Hearings and Appeals) and Chapter 19.36 (Conditional Use Permits) of the City of San Bernardino Development Code, the Mayor and City Council have the authority to take action on Appeal 25- 07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01.

NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDIO, CALIFORNIA, AS FOLLOWS:

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

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SECTION 2. Compliance with the California Environmental Quality Act. As the decision- making body for the project, the Major and City Council have reviewed and considered the information contained in the administrative record of Appeal 25- 07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Mayor and City Council, the Mayor and City Council find, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the City’s Local CEQA Guidelines; and
(2) The proposed project is categorically exempt from the requirement s of the California Environmental Quality Act pursuant to Section 15301 (Existing Facilities) of the CEQA Guidelines; and
(3) The application of the categorical exemption is not barred by one of the exceptions set forth in the CEQA Guidelines Section 15300.2 (Exceptions); and (4) The determination of the project’s CEQA exemption reflects the independent judgement of the Mayor and City Council.

SECTION 3. Findings of Fact – Conditional Use Permit 23 -01 and Public Convenience or Necessity 23-01.

Finding No. 1: The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use.

Findings of Fact: The request to allow the establishment of a new Alcoholic Beverage Control license (Type 20 – Off-Sale Beer & Wine) in conjunction with the existing gas station and convenience store is subject to the approval of a Conditional Use Permit (CUP) with the appropriate Conditions of Approval and CEQA determination. The project site is located in the Commercial General (CG -1) zone and is substantially surrounded by existing commercial uses.

Section 19.06.030(2)(B)(Article II)(Section III)(A)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) of the Development Code prohibits new alcoholic beverage licenses within 500 feet of a place of worship or religious institution. However, service stations may be exempted from these locational restrictions, subject to evaluation of site -specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department. The proposed use is located within 500 feet of two (2) places of worship or religious institutions. The subject ‘Arco’ is 124.30 linear feet

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from ‘Iglesias de Restauración San Bernardino’ and 334.20 linear feet from ‘La Luz del Mundo’, both of which are within the 500- foot threshold established for sensitive land uses. Although these two (2) places of worship are within the 500- foot threshold established by the City of San Bernardino Development Code, Staff recommends approval of Appeal 25-07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23- 01, because the inclusion of conditions of approval tailored to the site based on Staff’s studies mitigates the concerns.

Finding of Fact: The subject site is located within Census Tract 0054.00. The California Department of Alcoholic Beverage Control (A BC) reports that Census Tract No. 0054.00 has a population of 6,981 persons and encapsulates approximately 448 acres. Department of ABC license concentration standards allow for a maximum of five (5) off- sale licenses within the census tract . Currently there are seven (7) existing active off-sale licenses within the subject census tract. Two (2) active licenses are within one h undred feet (100’) of the subject site: Green Shack Market Place located at 163 West Highland Avenue (55.00 linear feet) and 7 Eleven store at 207 West Highland Avenue (82.80 linear feet).

The site does not currently hold any existing alcohol licenses.

Although the approval of the license would increase the number of active off-sale licenses and result in an overage of three (3) licenses within the census tract, − necessitating a Public Convenience or Necessity Letter − the proposed scope of work at this development will create an economic benefit to the City of San Bernardino as it will increase overall general sales and provide retail sales tax revenue from the sales of alcoholic beverages to the City of San Bernardino.

Finding of Fact: The Police Department has indicated that there are a total of 219 reporting districts within the City and that there was an average of

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68.41 crimes per reporting district during the course of the reporting year. A report was created for the subject reporting district to identify the number of crimes reported over a twelve (12) -month period.

During this period, there were fifty-nine ( 59) Part I crimes and eighty-one (81) Part II crimes for a total of 14 0 crimes reported at the subject location. Part I crimes consist of serious crimes such as murder, rape, robbery, aggravated assault, burglary, larceny- theft, motor vehicle theft, and arson. Part II crimes consist of assault, vandalism, disorderly conduct, etc. Of the total crimes, forty (4 0) were calls for service and two (2) reports were required. Although the subject Arco is located within a reporting district that exceeds the City-wide average percentage of crimes by a total of 104.65% (as reported by the Police Department ), the approval of Appeal 25- 07 for Conditional Use Permit 23 -01 and Public Convenience or Necessity 23 -01 includes site -specific conditions to mitigate potential effects to the proposed subject census tract.

Finding No. 4: The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational uses, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or othe r alcoholic beverage sales activity establishments.

Finding of Fact: The proposal will allow the establishment a new ABC Type 20 (Off- Sale Beer & Wine ) License in conjunction with the existing Arco gas station and convenience store within 124.30 linear feet of Iglesias de Restauración San Bernardino and 334.20 linear feet of La Luz del Mundo, both of which are places of worship. Although the project site does not meet the required 500-foot separation from sensitive uses established by the City’s Development Code, service stations may be exempted from locational restrictions under Section

19.06.030(2)(B)(Article II)(Section III)(A)(2) (Commercial Zones Specific Standards – Alcohol Beverage Sales – Locational Restrictions) subject to site-specific conditions of approval.

Finding No. 5: The proposed establishment will otherwise be compatible with existing and potential uses within the general area.

Finding of Fact: The proposed establishment of a new Type 20 (Off-Sale Beer & Wine) License with the Department of ABC in conjunction with the existing Arco gas station and convenience store is located within an urbanized area on a parcel zoned for commercial uses. The license would continue to be utilized a s an operating gas station and convenience store and, as such, will not create any significant noise,

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traffic, or other conditions that would be detrimental or objectionable to other uses in the vicinity or adverse to the public health, safety, convenience, or welfare of the City.

Finding No. 6: The proposed establishment is not located in what has been determined to be a high -crime area or where a disproportionate number of police service calls occur.

Finding of Fact: The Police Department has reviewed the proposed project and determined that the subject reporting district in which the subject Arco is located had a total of 14 0 crimes, which exceeds the City - wide average of 68.41 crimes per reporting distract by a total of approximately 104.65%. Two (2 ) of the calls for service were alcohol related. Although the site is located in a high- crime area, conditions of approval have been tailored to the site based on Staff’s studies.

Finding No. 7: The use of the proposed establishment is consistent with the General Plan.

Finding of Fact: The City of San Bernardino General Plan includes goals and policies to guide future development within the City, including the following:

Land Use Element Policy 2.4: Enhance the quality of
life and economic vitality in San Bernardino by
strategic infill of new development and revitalization
of existing development.

Land Use Element Policy 2.2.9: Require Police
Department review of uses that may be characterized
by high levels of noise, nighttime patronage, and/or
rates of crime; providing for the conditioning or
control of use to prevent adverse impacts on adjacent
residences, schools, religious facilities, and similar
“sensitive” uses.

Appeal 25- 07 for Conditional Use Permit 23 -01 and Public Convenience or Necessity 23-01, which is a request for an Alcoholic Beverage Control Type 20 (Off -Sale Beer & Wine) License for an exiting convenience store and service station has been analyzed by the City of San Bernardino Police Department. As such, the project is consistent with the General Plan.

SECTION 4. Severability: If any section, subsection, subdivision, sentence, or clause or phrase in this Resolution or any part thereof is for any reason held to be unconstitutional, invalid

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or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Resolution or any part thereof. The Mayor and City Council hereby declares that it would have adopted each section irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective.

SECTION 5. Conditions of Approval:

The approval of Conditional Use Permit 23- 01 and Public Convenience or Necessity 23- 01 shall be subject to the following Conditions of Approval:

1. This approval is to allow an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) license within an existing, approximately 1,434 square-foot gas station and convenience store. The project site is located at 189 West Highland Avenue (APN: 0146-013-25), within the Commercial General (CG-1) zone.

2. The Project site shall be developed and maintained in accordance with: (i) the plans stamped August 12, 2025 (EXHIBIT A), approved by the City, which includes a site plan, floor plan, exterior-elevations plan, and conceptual-landscaping plan on file with the Planning Division; (ii) the Conditions of Approval contained herein; and (iii) the City’s Municipal Code regulations.

3. Within two (2) years of the approval of the Conditional Use Permit, the commencement of construction shall have occurred, or the permit/approval shall become null and void. In addition, if at any time after the commencement of construction, work is discontinued for a period of one (1) year, then the permit/approval shall become null and void. However, approval of the Conditional Use Permit does not authorize the commencement of construction. All necessary permits must be obtained prior to the commencement of specified construction activities included in the Conditions of Approval.

EXPIRATION DATE: November 5, 2027

4. The review authority may grant a time extension, for good cause, not to exceed twelve (12) months. The applicant must file an application, the processing fees, and all required submittal items thirty (30) days prior to the expiration date. The review authority shall ensure that the project complies with all Development Code provisions in effect at the time of the requested extension.

5. In the event this approval is legally challenged, the City will promptly notify the applicant of any claim, action, or proceeding and will fully cooperate in the defense of this matter. Once notified, the applicant agrees to defend, indemnify, and hold har mless the City of San Bernardino (“City”), any departments, agencies, divisions, boards, and/or commissions of the City, and any predecessors, successors, assigns, agents, directors, elected officials, officers, employees, representatives, and attorneys of the City from any claim, action, or proceeding against any of the foregoing persons or entities. The applicant further agrees to reimburse the City for any costs or attorneys’ fees, which the City may be required by a court to pay as a

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result of such action, but such participation shall not relieve applicant of his or her obligation under this condition.

The costs, salaries, and expenses of the City Attorney and employees of his office shall be considered “attorneys’ fees” for purposes of this condition. As part of the consideration for issuing this Conditional Use Permit, this condition shall remain in effect if the Conditional Use Permit is rescinded or revoked, whether or not at the request of applicant.

Planning Division

6. Construction-related activities may not occur between the hours of 8:00 pm and 7:00 am. No construction vehicles, equipment, or employees may be delivered to, or arrive at, the construction site before 7:00 am or leave the site after 8:00 pm.

7. If the colors of the buildings or other exterior finish materials are to be modified beyond the current proposal and improvement requirements, the revised color scheme and/or finish materials shall be reviewed and approved by the Planning Division prior to the commencement of work.

8. The project landscape plans shall be in substantial compliance with the Conceptual Landscape plan and prepared in accordance with the Development Code, section 19.28.120 (Water Efficient Landscaping Standards).

9. Minor modifications to the plans shall be subject to approval by the Director through the Minor Modification Permit process. Any modification that exceeds 10% of the allowable measurable design/site considerations shall require the re-filing of the original application.

10. The project shall comply with all applicable requirements of the Building and Safety Division, Police Department, Municipal Water Department, Public Services Department, and the City Clerk’s Office/Business Registration Division.

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

12. The facility operator and property owner shall be responsible for regular maintenance of the project site. The site shall be maintained in a clean condition and free of litter or any other undesirable material(s). Vandalism, graffiti, trash, and other debr is shall be removed and cleaned up within twenty-four (24) hours of being reported.

13. Signs are not approved as part of this permit. Prior to establishing any new signs, or to replacing existing signs, the applicant shall submit an application and receive approval for a Sign Permit from the Planning Division. Banners, flags, pennants, and similar signs are prohibited unless a Temporary Sign Permit is obtained.

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14. All exterior lighting shall be contained within property lines and be energy efficient, with the option to lower or reduce usage when the facility is closed.

15. Submittal requirements for permit applications (site improvements, landscaping, etc.) to Building Plan Check and/or Land Development must include all Conditions of Approval issued with this approval, printed on the plan sheets.

16. Every six (6) months, over two (2) years from the issuance of the Certificate of Occupancy, the Planning Division shall conduct an inspection of the business operations and property to ensure compliance with the Conditions of Approval to the satisfaction of the Community Development Director. In the event that an unresolved issue continues to exist, the applicant shall submit an application, along with the appropriate fee, for Reconsideration by the Planning Commission.

17. The project must comply with the requirements of the California Department of Alcoholic Beverage Control.

18. The convenience store shall maintain a minimum of two (2) employees on-site during any hour in which alcoholic beverages are sold.

19. The convenience store shall install a security system capable of directly contacting the Police Department in the event of an emergency.

20. Adequate Lighting. The parking lot of the premises shall be equipped with lighting of sufficient power to illuminate and make easily discernible the appearance and conduct of all persons on or about the parking lot and exterior of the premises. Additionally, lights shall be installed and shall operate on each side of the exterior of the building. The position of all such lighting shall not disturb the normal privacy and use of any neighboring residences. These lights shall be maintained in good working orde r and shall remain on during darkness anytime the establishment is open.

21. Capacity. The venue capacity established for the premises by the San Bernardino County Fire Department shall not be exceeded at any time.

22. Complaints. A “complaint response community relations” program will be established and maintained by the owner. This program will include the following:
a. Posting a permanent sign at the entry of the establishment listing the telephone number for the San Bernardino Police Department.
b. Coordinating efforts with the Police Department to monitor community complaints about the activities of the establishment.
c. Having a representative of the establishment reasonably available to meet with neighbors or the applicable neighborhood association on a regular basis or at their request to resolve any neighborhood complaints regarding the establishment.

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23. Compliance with Law. The owners, managers, renters, and every other person in charge of the premises or any event thereon must comply with all City, County, and State building, fire, zoning, and health regulations; all State and local noise and nuisance laws and ordinances; and all provisions of California law, the San Bernardino Municipal Code, and the San Bernardino City Charter.

24. Drug Paraphernalia. The sale of drug paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5 shall be prohibited. “Drug Paraphernalia” means all equipment, products and materials of any kind that are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000.

25. Exterior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an exterior wall or fixture on each side of the building (not on windows) in English, Spanish and the predominant language of the patrons: “No Loitering,” “No Drinking,” “No panhandling or soliciting,” and “It is illegal to possess an open container of alcohol in the vicinity of this establishment.”

26. Extraordinary Law Enforcement Services. The owner shall be responsible for reimbursement costs to the City of San Bernardino for “Extraordinary” police services on the premises.

Extraordinary police services are those defined under San Bernardino Municipal Code Section

8.82.010.

27. Graffiti. Any graffiti painted, drawn, marked, etched, or otherwise placed upon the premises or on any area under the control of the owner shall be removed or painted over within 48 hours.

28. Hours of Operation. The sale and service of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. and 10:00 p.m. Monday to Sunday.

29. Information to Police Department. Upon demand, the owner, manager, and employees must make available to any police official the current names and addresses of persons who are in the management or operation of the establishment. Additionally, the owner shall keep copies of all permits and licenses issued to the establishment readily available for inspection at the premises upon demand by any police official.

30. Interior Signage. The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture (not on windows) in English, Spanish and the predominant language of the patrons: “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age.”

31. Litter. The premises, parking lots, any area adjacent to the premises over which the owner of the establishment has control, and any area adjacent to the premises occupied or used by the establishment’s patrons shall be kept free of litter and debris. These area s shall be cleaned of

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any litter upon the close of business each day. The owner shall be responsible for the posting of signs prohibiting litter around the exterior of the premises and in adjacent parking areas.

32. Loitering. The establishment’s owner, manager, employees, and security officers shall be required to discourage loiterers and ask persons loitering longer than fifteen minutes to leave the area and contact the Police Department for enforcement of applicable trespas sing and loitering laws if persons requested to leave fail to do so.

33. Mitigating Alcohol-Related Problems. Whenever alcohol is sold, furnished, or consumed on the premises, the establishment shall be required to mitigate alcohol- related problems that negatively impact those individuals living or working in the neighborhood and surrounding community. To that end, the following conditions relating to alcohol shall be imposed:
a) No alcohol sales are permitted inside or outside the premises without a license issued by the Department of Alcoholic Beverage Control.

b) No alcohol will be sold or furnished to minors (anyone under the age of 21). c) No alcohol may be sold at any time to any patron appearing to be intoxicated. d) Alcohol sales hours shall not exceed 6:00 a.m. to 10:00 p.m., daily. e) Locked metal coolers shall be installed for the storage and display of alcohol products. f) No wine sales shall be permitted in bottles or containers of less than 750 milliliters, unless sold in their original manufacturer multi-packs.
g) No malt beverages shall be sold with an alcohol content greater than five- and one-half percent by volume.
h) The sale of wine with an alcohol content greater than fourteen (14) percent by volume shall be prohibited unless in corked or screw capped bottles and aged at least two (2) years. i) Beer or malt liquor sold individually in containers of 40 ounces or less is prohibited. j) No containers of beer shall be sold which are not in their original manufacturer multi-packs. k) No cooler products, either wine or malt beverage based, shall be sold unless in their original manufacturer multi-packs.
l) An electronic age verification device shall be purchased and retained on the premises for use during sales at all points of sale. This device shall be maintained in operational condition and all employees shall be instructed in its use.
m) No persons shall be permitted to congregate outside the building or in the parking lots or other areas under the control of the owner.
n) No violence, drunkenness, public urination, solicitation, drug dealing, drug use, loud noise or litter shall be allowed on the premises, in the parking lots, on the streets surrounding the premises, in any area controlled by the owner of the premises or in any area occupied or used by patrons of the premises.
o) No alcoholic beverages shall be consumed on any property adjacent to the licensed premises or under the control of the licensee with the exception of other establishments licensed by the Department of Alcoholic Beverage Control. No alcoholic beverages shall be consumed along the exterior of the establishment, in any parking area, or on any adjacent city street or alleyway.

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p) The owners and all employees of establishments involved in the sale of alcoholic beverages shall complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training within sixty (60) days of the date of this Conditional Use Permit, or within sixty (60) days of hire for employees hired after that date.

To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated.

34. Noise. No music or other noise originating from the premises may extend beyond the property boundaries of the establishment. Business activities shall not have a negative impact on the operation of neighboring businesses and residences. Music shall not be audible outside the premises, in adjacent attached businesses, or any neighboring residences.

35. Posting. A copy of these conditions for approval, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

36. Prohibited Vegetation. Exterior vegetation shall not be planted, maintained, or allowed to grow on the premises that could be used as a hiding place for persons. Exterior vegetation shall be planted and maintained in a manner that minimizes its use as a hiding place.

37. Public Phones. If public telephones are installed on the premises, they shall be installed inside the building and programmed for outgoing calls only.

38. Security Cameras. Security cameras are required to be installed on the premises. All criminal and suspicious activities recorded by or viewed on such surveillance equipment must be reported to local law enforcement. To the extent allowed by law, the establishment owner, manager, and employees are required to provide any footage, tapes, or other recording media from the security cameras to the Police Department. A minimum of two (2) 24-hour time-lapse security cameras shall be provided on-site. Recordings shall be maintained for a minimum of ninety (90) days and are intended for use by the San Bernardino Police Department.

39. Window Obstructions. No more than 25 % of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.

40. All ice shall be sold at or about prevailing prices in the area and in quantities of not less than 5 lbs. and shall not be given away for free.

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

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42. All Conditions of Approval and Standard Requirements shall be implemented and/or completed prior to final inspection and/or issuance of a Certificate of Occupancy.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of November, 2025.

Helen Tran, Mayor
City of San Bernardino

Attest:

Telicia Lopez, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO ) ss

CITY OF SAN BERNARDINO )

I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-381, adopted at a regular meeting held on the 5 th day of November 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT

SANCHEZ
IBARRA

FIGUEROA

SHORETT
KNAUS
FLORES
ORTIZ

WITNESS my hand and official seal of the City of San Bernardino this __ day of November 2025.

Telicia Lopez, CMC, City Clerk

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CITY OF SAN BERNARDINO

POLICE DEPARTMENT

INTEROFFICE MEMORANDUM

TO: Lt. Jason King, Special Investigation Bureau

FROM: Darlena Mayberry, CIO, Vice Unit

SUBJECT: Conditional Use Permit (CUP 23-01) and Public Convenience or Necessity Letter (PCN 23-01)

COPIES: Angelyn Mendoza, Community Development Department Planning Division

INTRODUCTION:

On July 7, 2025, I received by e-mail a project review routing and Planning permit application from the City of San Bernardino Community Development Department, Planning Division, Planning Assistant, Angelyn Mendoza.

The request from Planning contained attachments for Police Department review and comments.

The applicant proposes to allow the establishment of an ABC Type-20 (Off- Sale Beer and Wine) license for an existing convenience store. The business is located at 189 W. Highland Ave. in San Bernardino, CA 92405. The building is approximately 1,434 square feet, within the Commercial General-1 Zone. The hours of operation 24 hours a day, 7 days a week, Monday through Sunday.

They currently have 4 employees with 2 shifts.

I received the project review routing form, planning permit application, property owner’s authorization form, ABC supplemental application, and maps of the property.

The applicant is Erika Diaz, the property owner is Erika Diaz , and the representative is Rep.

Woods, Diaz Group, LLC.

FINDINGS:

It should be noted that I used the address of 189 W. Highland Ave . for the Police Review Worksheet (see attached).

The project site APN # 0146-013-25. The business is in reporting district S1370. There were 59 part-I crimes in this reporting district between July 1, 2024, and July 1, 2025. There was 286 part- I crimes within a ½ mile radius of this location during the same period.

There were 81 part-II crimes in this reporting district between July 1, 2024, and July 1, 2025, with 2 of those being alcohol related. There were 268 part-II crimes within a ½ mile radius of this location during the same period with 2 of those being alcohol related. There are a total of 219 reporting districts in the city.

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The above crime stats reflect the number of part I and part II crimes in the S1370 reporting district.

The crime stats in the reporting district are compared against the total number of crimes in a calendar year for all reporting districts.

The above crime statistics were obtained utilizing the crime View Dashboard database. These are not UCR verified statistics and may not reflect what is reported to the California State Department of Justice.

I generated a one-year Incident Analysis Report for 189 W. Highland Ave. in San Bernardino, between July 1, 2024, and July 1, 2025. There were 40 calls for service, and 2 reports were required.

The project site is in Census Tract 55.00. There are 7 active existing Off-Sale ABC licenses in this census tract with an allowance for 5, with an overage of 2 ABC licenses in this census tract. This projected license will increase the active licenses allowed in the census tract by 1.

There are 7 active existing On-Sale ABC licenses in this census tract with an allowance for 5, with an overage of 2 ABC licenses in this census tract. This projected license will not increase active licenses allowed in this census tract.

During the review, it was determined that there was a total of 14,982 Part I and Part II crimes in the city from July 1, 2024, and July 1, 2025, when divided by a total of 219 reporting districts .

This translates to the general crime rate of 68.41 part I and part II crimes per reporting district within the course of the period reviewed. The proposed location within the reporting district saw a total of 140 crimes during the reviewed period. The 140 crimes in this location when compared with the 68.41 average crimes per reporting district exceeds the average by 104.65%.

These numbers do reflect an oversaturation in the number of ABC licenses issued, for On-Sale and Off-Sale ABC licenses in this census tract. A worksheet detailing the crime rate in the proposed location compared to the crime rate of the entire City of San Bernardino was prepared.

This was done in accordance with City Municipal Code, Chapter 19.06, Section III, Locational Restrictions.
(F) The following location conditions will be considered in the review of Conditional Use Permit applications, and may be grounds for denial based on potential adverse effects to the public interest, health, safety, or convenience:

1. A location within a crime reporting district, or within 500 feet of a crime reporting district, where the general crime rate exceeds the city-wide general crime rate by more than 20 percent.

2. A location where the new alcoholic beverage sales activity would be within 500 feet from an existing alcoholic beverage sales activity or would lead to the grouping of more than four alcoholic sales activities within a 1,000-foot radius from the new alcoholic beverage sales activity.

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Page 3 of 4 ends

The San Bernardino Police Department is following ABC best practices with reviewing the crime rate in both the property location and the entire City. This was done in accordance with City Municipal Code, Chapter 19.06, Section III, Locational Restrictions (I) 1. Commercial Zones Ch.

19.06 26-46 Rev. Oct. 2019.

The applicant has not yet completed the process for issuance of the updated ABC license and may not do so until the Conditional Use Permit is approved.

RECOMMENDATIONS:

The San Bernardino Police Department has provided crime data and Alcoholic Beverage Control saturation findings for the affected reporting district. The Department does not endorse or oppose this application and offers neither approval nor denial. I recommend that this staff study and its accompanying documentation be forwarded to the Community & Economic Development Department for their review and final recommendation.

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Page 4 of 4 ends

ATTACHMENTS: 1. Project Review Routing, Planning permit application,

2. ABC Off-Sale conditions, ABC supplemental application

3. Justification letter

4. Police Concerns worksheet

5. Incident Analysis Report

6. Maps

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POLICE REVIEW
Location
C.U.P. #
RD
Report Date

JUL-SEPT OCT-DEC JAN-MAR APR-JUN
Proposed Location 1/2 mile radius 1st quarter 2nd quarter 3rd quarter 4th quarter Total Crimes Part I Crimes RD 1/2 mile radius All City All City All City All City Persons 19 90 492 414 424 599 1929
Property 40 196 1643 1586 1511 1312 6052
Total 59 286 2135 2000 1935 1911 7981
Part II Crimes
Arrests 81 268 1781 1480 1592 2148 7001
Alcohol Related 2 2 1 2 1 67 71
% 2% 1% 0% 0% 0% 3% 1%
ABC
Grand Total Part I
and Part II Crimes
(citi-wide crime) 14982
Census Tract 55
Average # of
crimes per RD 68.4109589
On Sale Off Sale
Total Part I/Part II
crimes this RD 140
Existing 7 7
% of crime above
Stat Avg for all
RD's 104.65%
Allowed 5 5
2 2
*measurements are
approximate,
obtained point-to-
point, using Google
Earth
STATS (Previous 12 months) JULY 2024- JULY 2025
189 W. Highland
7/16/2025
S1370
CUP 23-01 & PCN 23-01

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Arco ABC Type 20 License
CEQA Exemption
Appeal 25-07 for Conditional Use Permit 23-01
and Public Convenience Or Necessity 23-01
November 5, 2025

Lead Agency:

City of San Bernardino
201 North “E” Street
San Bernardino, CA 92401
Angelyn Mendoza, Assistant Planner
(909) 998-2311

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Arco ABC Type 20 License
City of San Bernardino

Arco ABC Type 20 License
CEQA Review
Introduction
Pursuant to the requirements of the California Environmental Quality Act (CEQA) Guidelines, a Notice of Exemption (NOE) may be filed if the City of San Bernardino, in its capacity as the lead agency, determines that a proposed action or project is exempt f rom the environmental review requirements of CEQA.

According to the CEQA Guidelines, a NOE must contain the following:
✓ A brief description of the proposed action or project; ✓ A finding that the proposed action or project is exempt, including a citation to the State CEQA Guidelines section or statute under which the project is found to be exempt; and, ✓ A brief statement in support of the finding.

This NOE provides a description of the proposed Arco ABC Type 20 License (the “Project”), indicates the applicable sections of CEQA that support the findings for a CEQA Exemption, and discusses the City of San Bernardino’s findings that are applicable to the proposed Project.

Background & Project Description
Project Title
Arco ABC Type 20 License
Lead Agency Name and Address
City of San Bernardino
Community Development and Housing Department – Planning Division 201 North E Street
San Bernardino, CA 92401
Project Manager and Phone Number
Angelyn Mendoza, Assistant Planner
(909) 998-2311
[email protected]
Project Applicant’s/Sponsor’s Name and Address
189 W. Highland, LLC c/o Erika Diaz
110 East Longden Avenue Suite A
Irwindale, CA 91706

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Arco ABC Type 20 License
City of San Bernardino

Brief Project Description
The property is located at 189 West Highland Avenue (APN: 0146-013-25), within a previously approved 1,434 square-foot building.

The applicant is requesting the approval of Appeal 25-07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 to allow a new Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License in conjunction with a previously approved Service Station/Convenience Store containing approximately 1,434 square-feet on a parcel containing a total of approximately 0.38 acres.

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Arco ABC Type 20 License
City of San Bernardino

Environmental Setting
Project Location
189 West Highland Avenue (APN: 0146-013-25)
Project/Surrounding Setting
Table 1 below provides a summary of the surrounding land use characteristics of the subject site and surrounding properties.

TABLE 1: SITE AND SURROUNDING LAND USES

LOCATION LAND USE ZONE GENERAL PLAN

Table 2 below provides a site design analysis that illustrates the consistency of the project with the Development Code and General Plan.

TABLE 2: DEVELOPMENT CODE AND GENERAL PLAN CONSISTENCY

PROPOSAL DEVELOPMENT CODE GENERAL PLAN
Land Use Alcoholic Beverage Control
Type 20 (Off-Sale Beer & Wine)
Permitted Subject to the
Approval of a CUP
Permitted subject to
the requirements of
the Development
Code
General Plan Designation
Current: Commercial
Proposed: Commercial
Zoning Designation
Current: Commercial General (CG-1)
Proposed: Commercial General (CG-1)
Project Approvals
Appeal 25-07 for Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01

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Arco ABC Type 20 License
City of San Bernardino

Applicable CEQA Exemption
Class 1 Exemption (Existing Facilities)
The Community Development Department – Planning Division of the City of San Bernardino has reviewed the proposed Project and has determined that it is categorically exempt and qualifies for a Class 1 Existing Facilities (CEQA Guidelines Section 15301). The Class 1 exemption consists of projects characterized as the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involvin g negligible or no expansion of use beyond that existing at the time of the lead agency’s determination.

The key consideration is whether the project involves negligible or no expansion of an existing use.

Examples of this exemption include but are not limited to:
✓ Licensing of a private structure.

Findings Supporting the Applicable CEQA Exemption
The City of San Bernardino determined, following a preliminary evaluation of the Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License, that the proposed Project would not result in any significant effects on the environment. This determination is based on the following:
a. The City of San Bernardino is generally characterized as an urbanized community and the subject Project site is located at 189 West Highland Avenue, which is a commercialized area within the city.

b. The upgraded Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License will be in conjunction with a previously approved and operating 1,434 square-foot building. Operation with an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License is conditionally permitted within the Commercial General (CG-1) zone subject to a Conditional Use Permit with appropriate Conditions of Approval and CEQA Determination.

c. The proposed Project is consistent with the commercial General Plan land use designation and all applicable General Plan policies, as well as with applicable Commercial Zoning District classification and regulations.

d. Conditions of Approval will be imposed on the proposed Project to alleviate any potential impacts.

Reviewed and Approved By:

Travis Martin
Principal Planner

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Appeal 25-07
Presented by:

Angelyn Mendoza
Assistant Planner of Community Development & Housing

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Appeal 25-07
■ Applicant’s request: uphold Appeal 25-07, thereby overturning the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 for a Type 20 (Off-Sale Beer & Wine) License ■ 189 West Highland Avenue
■ 0.38 acres
■ Commercial General (CG-1)
Proposed Project:

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Appeal 25-07

Aerial Map

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Appeal 25-07

Zoning Designation

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Appeal 25-07
Existing Site

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Appeal 25-07
■ Census Tract 0054.00 has seven (7) active off-sale licenses and has an allowance of five (5) off-sale licenses.

Analysis
City of San Bernardino Subject Reporting District
Total Reporting Districts Average Crimes Per
Reporting District
Part I Crimes Part II Crimes
219 68.41 59 81

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Appeal 25-07
Analysis (Sensitive Land Uses)
■ Proposed alcoholic beverage sales activities are evaluated for certain uses within 500 feet of the subject property.

Sensitive Land Use Address Land Use Distance (approx.)
Iglesias de
Restauración San
Bernardino
172 West Highland
Avenue
Place of
Worship/Religious
Institution
124.30 linear feet
(0.02 miles)
La Luz del Mundo 248 West Highland
Avenue
Place of
Worship/Religious
Institution
334.20 linear feet
(0.06 miles)

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Appeal 25-07
Analysis (Alcohol Outlets)
■ Proposed alcoholic beverage sales activities are evaluated for certain uses within 500 feet of the subject property.

Locational
Restriction
Address Land Use Distance (approx.)
Green Shack
Market Place
(License No. 21-184851)
163 West Highland
Avenue
Market 55.00 linear feet
(0.01 miles)
7 Eleven
(License No. 20-511544)
207 West Highland
Avenue
Fueling station and
convenience store

82.80 linear feet
(0.01 miles)

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Appeal 25-07
Analysis (Alcohol Outlets)
Type 20
(Beer & Wine)
Type 21
(General)
Census Tract 54.00
Subject Site

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Appeal 25-07
■ July 10, 2025 – Project continued by Planning Commission. ■ August 12, 2025 – Planning Commission adopted Resolution No. 2025-033 – PC denying the request.
■ August 27, 2025 – An application for Appeal 25-07 was filed Background:

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Conclusion
Staff Recommendation

1. Adopt Resolution No. 2025-380 of the Mayor and City Council of the City of San Bernardino, California, denying Appeal 25-07, thereby upholding the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 and not allowing the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013-25) within the Commercial General (CG-1) zone; or

2. Adopt Resolution No. 2025-381 of the Mayor and City Council of the City of San Bernardino, California, approving Appeal 25-07, thereby overturning the Planning Commission’s denial of Conditional Use Permit 23-01 and Public Convenience or Necessity 23-01 to allow the request for an Alcoholic Beverage Control Type 20 (Off-Sale Beer & Wine) License within an existing, approximately 1,434 square-foot Arco gas station and convenience store, located at 189 W. Highland Avenue (APN: 0146-013-25) within the Commercial General (CG-1) zone.

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Questions

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COMMERCIAL ZONES – 19.06
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necessary by the DERC to insure compliance with the Development Code and to protect the public health and safety. Such conditions shall be limited to the following: hours of operation, maximum occupancy, fire and life safety issues, fire suppression, exte rior signage, exterior and interior lighting, parking, landscaping, existence of public telephones, and security guards.

B. ALCOHOL BEVERAGE SALES

ARTICLE I – GENERAL

SECTION I – TITLE AND PURPOSE

A. Title:

(1) This ordinance shall be known as the Conditional Use Permit – Deemed Approved Alcoholic Beverage Sales Regulations Ordinance.

(2) This ordinance requires land use permits for newly established alcoholic beverage sales activities, confers deemed approved status for existing alcoholic beverage sales activities and provides standards and an administrative hearing process to review violations of those standards in order to protect the general health, safety, and welfare of the residents of the City of San Bernardino and to prevent nuisance activities where alcoholic beverage sales occur.

B. Purpose:

(1) To protect residential, commercial, industrial and civic areas and minimize the adverse impacts of nonconforming and incompatible uses; and

(2) To provide opportunities for alcoholic beverage sales establishments to operate in a mutually beneficial relationship to each other and to other commercial and civic services; and

(3) To provide mechanisms to address problems associated with the public consumption of alcoholic beverages such as litter, loitering, graffiti, unruly behavior and escalated noise levels; and

(4) To provide that alcoholic beverage sales establishments are not the source of undue public nuisances in the community; and

(5) To provide for properly maintained alcoholic beverage sales establishments so that the negative impacts generated by these activities are not harmful to the surrounding environment in any way; and

(6) To monitor Deemed Approved establishments to ensure they do not substantially change in mode or character of operation.

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SECTION II – DEFINITIONS

The meaning and construction of these words and phrases, as set forth below, shall apply throughout, except where the context clearly indicates a different meaning or construction.

(A) “Administrator” means the Administrative Hearing Officer as identified in Section III.

(B) “Alcoholic Beverage” means alcohol, spirits, liquor, wine, beer, and any liquid or solid containing alcohol, spirits, wine, or beer, that contains one-half of one percent or more of alcohol by volume and that is fit for beverage purposes either alone or when diluted, mixed or combined with other substances, the sale of which requires a ABC license.

(D) "Alcoholic Beverage Sales Establishment" means an establishment where an alcoholic beverage sales activity occurs. Alcoholic beverage sales establishments include but are not limited to the following recognized types of establishments: liquor stores; beer and wine stores; convenience markets; markets; neighborhood specialty food markets; retail sales establishments; wine shops; service stations; taverns; clubs; cocktail lounges, ballrooms, cabarets, dance bars, piano bars; billiard or game parlors, bowling alleys; nightclubs, dance halls; cafes, bars, restaurants with bars; full-service restaurants; and fast food establishments.

(E) “California Department of Alcoholic Beverage Control” or “ABC” refers to the department of the State of California empowered to act pursuant to Article 20, section 22, of the California Constitution and authorized to administer the provisions of the Alcoholic Beverage Control Act.

(F) “Conditions of Approval” means a requirement that must be carried out by the activity by: (1) a new alcoholic beverage sales activity to exercise a land use permit; or (2) a legal nonconforming alcoholic beverage sales activity to comply with deemed approved performance standards and to retain its deemed approved status.

(G) “Deemed Approved Activity” means any Legal Nonconforming alcoholic beverage sales activity, as defined in subsection (J). Such activity shall be considered a Deemed Approved activity as long as it complies with the Deemed Approved Performance Standards set forth in Article III, Section IV.

(H) “Deemed Approved Status” means the permitted use of land for a Deemed Approved Activity. Deemed Approved status replaces Legal Nonconforming status with respect to Alcoholic Beverage Sales Commercial Activity and remains in effect as long as it complies with the Deemed Approved provisions and performance standards.

(I) “Illegal Activity” means an activity, which has been finally determined to be in noncompliance with the Deemed Approved provisions and performance standards.

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Such an activity shall lose its Deemed Approved status and shall no longer be considered a Deemed Approved activity.

(J) “Legal Nonconforming Alcoholic Beverage Sales Commercial Activity” or “Legal Nonconforming Activity” means an Alcoholic Beverage Sales Commercial Activity which was a nonconforming use pursuant to San Bernardino Municipal Code (Development Code) Chapter 1 9.62, and for which a valid state of California Alcoholic Beverage Control license had been issued and used in the exercise of the rights and privileges conferred by the license at a time immediately prior to the effective date of the Deemed Approved Alcoh olic Beverage Sale Regulations Ordinance. Such an activity shall be considered a Deemed Approved Activity and shall no longer be considered a Legal Nonconforming Activity.

(K) “Off-Sale Alcohol Outlet” means an establishment that conducts retail sales of Alcoholic Beverages for consumption off the premises where sold.

(L) “On-Sale Alcohol Outlet” means an establishment that conducts retail sales of Alcoholic Beverages for consumption on the premises where sold.

(M) “Operational Standards” means regulations for the business practice activities and land use for locations with a Conditional Use Permit or those further requirements imposed to achieve these goals. Operational Standards constitute requirements which must be complied with by an establishment in order to maintain its Conditional Use Permit.

(N) “Performance Standards” means regulations for the business practice activities and land use for locations with Deemed Approved status or those further requirements imposed to achieve these goals. Performance Standards constitute requirements which must be complied with by an establishment in order to retain its Deemed Approved status.

(O) “Permit” means a Conditional Use Permit issued pursuant to this ordinance.

(P) “Permittee” means the individual or entity that owns an alcoholic beverage sale establishment and to whom a Conditional Use Permit to operate an alcoholic beverage sale establishment has been issued by the City of San Bernardino.

(Q) “Premises” means the actual space in a building devoted to alcoholic beverage sales.

(R) “Restaurant” means a bona fide eating place whose predominant function is the service of food and where on-site sale of alcoholic beverages is incidental or secondary.

SECTION III – ADMINISTRATIVE HEARING OFFICER

The “Administrative Hearing Officer” shall have the same appointment and qualifications as that designated in San Bernardino Municipal Code Chapter 9.93, Administrative Civil Penalties; and shall conduct public hearings and make recommendations intended to encourage and achieve the compliance of particular alcoholic beverage sale establishments

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with the provisions of this Ordinance. This section is not intended to restrict the powers and duties otherwise pertaining to other City officers or bodies in the field of monitoring and ensuring the harmony of alcoholic beverage sale activities in the City. The Administrative Hearing Officers shall have the powers and duties assigned to them by the Development Code, and other San Bernardino Municipal Code ordinances.

SECTION IV - INSPECTION AND RIGHT OF ENTRY

The sale of alcoholic beverages is a closely regulated industry. The officials responsible for enforcement of the City Municipal Code or other provisions of the Development Code or their duly authorized representatives may enter on any site or into any structure open to the public for the purpose of investigation provided they shall do so in a reasonable manner whenever they have cause to suspect a violation of any provision of this ordinance or whenever necessary to the investigation of violations to the Conditions of Approval or Deemed Approved performance standards prescribed in these regulations. If an owner, occupant or agent refuses permission to enter, inspect or investigate, premises which are not open to the public, the officials or their representatives may seek an inspection warrant under the provisions of California Code of Civil Procedure section 1822.50 et. seq. All such inspections shall be conducted in compliance with the Fourth Amendment to the United States Constitution.

SECTION V – SEVERABILITY

If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The Mayor and Common Council hereby declare that it would have adopted the ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more of the sections subsections, sentences, clauses or phrases may be declared invalid.

ARTICLE II – CONDITIONAL USE PERMITS FOR NEW ALCOHOLIC

BEVERAGE SALES ACTIVITIES

SECTION I – PURPOSE

The general purposes of these regulations are to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring consideration and approval of a Conditional Use Permit before a new alcoholic beverage sales activity will be permitted in any land use zoning district of the City and by requiring all new alcoholic beverage sales activities to comply with the operational standards in this ordinance and to achieve the following objectives:

(A) Protect surrounding neighborhoods from the harmful effects attributable to the sale of alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses.

(B) Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities.

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(C) Provide a mechanism to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels.

(D) Ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community.

(E) Ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way.

This Article alone does not allow or permit alcoholic beverage sales activities, but only applies to these activities where otherwise allowed or permitted within an applicable land use zoning district. This Article does not authorize alcoholic beverage sales activities in any land use district where they are not otherwise allowed or permitted by the applicable involved zoning district’s regulations. The provisions of this ordinance are intended to compliment the State of California alcohol-related laws. The city does not intend to replace or usurp any powers vested in the California Department of Alcoholic Beverage Control.

SECTION II – REQUIREMENT

Notwithstanding any other provisions of this Code, no new on-site or off-site alcoholic beverage sales activity may be established unless a Conditional Use Permit is first obtained in accordance with the requirements of this Article. The following uses are exempt from this requirement to obtain a Conditional Use Permit, a nd shall be subject to Director approval of a Development Permit and a finding of public convenience or necessity, if required:

(A) Sit-down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary.

(B) Establishments containing 10,000 square feet or more, including but not limited to supermarkets and drug stores, which do not sell alcoholic beverages as the principal business

(C) Establishments, whose applications have been deemed complete prior to the effective date of this Ordinance by the Community Development s Department.

(D) Temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and regulations.

SECTION III – LOCATIONAL RESTRICTIONS

(A) Unless otherwise exempted under subsections B – H, a new alcoholic beverage sales activity is not permitted within 500 feet of any of the following locations:

1. A public or private state licensed or accredited school.

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2. A public park, playground, recreational area, or youth facility, including a nursery school, preschool, or day-care facility.

3. A place of worship or religious institution.

4. A hospital.

5. An alcohol or other drug abuse recovery or treatment facility.

6. A county social service office.

(B) Establishments containing 10,000 square feet or more, including but not limited to supermarkets and drugstores, which do not sell alcoholic beverages as the principal business are exempt from the locational restrictions.

(C) Sit down restaurants whose predominant function is the service of food and where the on-site sale of alcoholic beverages is incidental or secondary are exempt from these locational restrictions. An incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.)

(D) All other establishments for on-site consumption of alcohol may be exempted from the locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.

(E) Specialty retail establishments that offer unique product lines or variety of selection warranting a finding of public convenience or necessity are exempt from the locational restrictions.

(F) An automobile service station convenience store that meets the location criteria of Section 19.06.030(2)(U) may be exempted from these locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.

(G) A fraternal organization or veterans club may be exempted from the locational restrictions, subject to evaluation of site-specific conditions through the Conditional Use Permit review process and considering recommendations from the Police Department.

(H) Temporary uses issued a Temporary License by the California Department of Alcoholic Beverage Control and established in compliance with all City laws and regulations are exempt from the locational restrictions.

(I) The following location conditions will be considered in the review of Conditional Use Permit applications, and may be grounds for denial based on potential adverse effects to the public interest, health, safety or convenience:

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1. A location within a crime reporting district, or within 500 feet of a crime reporting district, where the general crime rate exceeds the city-wide general crime rate by more than 20 percent.

2. A location where the new alcoholic beverage sales activity would be within 500 feet from an existing alcoholic beverage sales activity, or would lead to the grouping of more than four alcoholic beverage sales activities within a 1,000 foot radius from the new alcoholic beverage sales activity.

SECTION IV – OPERATIONAL STANDARDS

All new alcoholic beverage sales activities shall be designed, constructed, and operated to conform to all of the following operational standards:

(A) That it does not result in adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

(B) That it does not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

(C) That it does not result in repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, lewd conduct, or police detentions and arrests.

(D) That it complies with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the California Department of Alcoholic Beverage Control (“ABC”), California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business registration fees.

(E) That its upkeep and operating characteristics are compatible with, and will not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

(F) That the owners and all employees of establishments involved in the sale of alcoholic beverages complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training by October 21, 2011, or within sixty (60) days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. (MC 1358 7/5/11)

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1. Sit down restaurants that continue to serve menu items until closing and whose predominant function is the service of food and where the on -site sale of alcoholic beverages is incidental or secondary are exempt from this training requirement. An incidental bar or lounge shall be allowed for the convenience of dining patrons. (Establishments which are primarily a bar or lounge or have a bar or lounge area as a principal or independent activity are not included in this exemption.) Fraternal organizations and veterans clubs are exempt from this training requirement.

2. Retail outlets with 25 or more employees or containing 10,000 square feet or more, and subject to this training requirement may elect to send only supervisory employees to the RBS training, who would then be responsible for training all employees who are involved in the sale of alcoholic beverages.

(G) A copy of these operational standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

SECTION V – ADMINISTRATION

The San Bernardino City Planning Commission shall administer Conditional Use Permits.

SECTION VI – PERMIT APPLICATION

Any person, association, partnership, corporation or other entity desiring to obtain an alcoholic beverage sales activity Conditional Use Permit shall file an application with the City of San Bernardino Community Development Department to forward to the San Bernardino City Planning Commission on a form provided by the City. The application shall be accompanied by a nonrefundable application processing fee in an amount established by a resolution of the Mayor and Common Council.

The application for a Conditional Use Permit shall include, but not be limited to the following information:

(A) The name, address and telephone number of the applicant. If the applicant is a corporation, the applicant shall set forth the name of the corporation exactly as shown in its articles of incorporation. The applicant corporation or partnership shall designate one of its officers or general partners to act as its responsible management officer.

(B) The name, address, and telephone number of each lender or share holder with a five percent or more financial interest in the proposed business or any other person to whom a share or percentage of the income of the establishment is to be paid.

(C) The name, address, and telephone number of the person who shall manage and operate the establishment for which the permit is requested.

(D) The name, address, and telephone number, if available, of all existing schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship,

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hospitals, alcohol or other drug abuse recovery or treatment facilities or county social service offices within 500 feet of the proposed alcoholic beverage sales activity establishment.

(E) The name, address, and telephone number, if available, of all alcoholic beverage sale activities within 500 feet of the proposed alcoholic beverage sales activity establishment and within a 1000 foot radius from the proposed alcoholic beverage sales activity establishment.

(F) The name, address, and telephone number of a person authorized to accept service of legal notices.

(G) The proposed business name of the alcoholic beverage sales activity establishment and description of all operating aspects of the proposed business.

(H) The type of ABC license the applicant is seeking for the alcoholic beverage sales activity establishment.

(I) Any other information reasonably necessary to accomplish the purposes of this ordinance.

(J) The Planning Commission may refer the application to other City departments to determine whether the premises where the alcoholic beverage sales activity establishment will be located, complies with the City's building, health, zoning and fire ordinances or other applicable ordinances or laws. City departments may conduct an inspection of the premises to determine compliance with the ordinances and other laws they administer. City departments may prepare reports summarizing their inspections and recommending whether to approve or deny the application based on their inspections.

SECTION VII – ACTION ON PERMIT APPLICATION

The Planning Commission shall approve issuance of the Conditional Use Permit to allow a new alcoholic beverage sales activity upon making the following findings:

(A) The proposed alcoholic beverage sales activity establishment is located in a zoning district in which the establishment is a permitted use.

(B) A finding of "public convenience and necessity" (Business and Professions Code Section 23958.4(b) (2)), if the activity will be located in an area that has been determined by the state of California Department of Alcoholic Beverage Control to have an undue concentration of licenses as defined in Business and Professions Code Section 23958.4(a).

(C) A finding that the alcoholic beverage sales activity will not aggravate existing problems in the neighborhood created by the sale of alcohol such as loitering, public drunkenness, alcoholic beverage sales to minors, noise and littering.

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(D) The proposed establishment will not detrimentally affect nearby neighborhoods considering the distance of the alcohol establishment to residential buildings, schools, parks, playgrounds or recreational areas, nonprofit youth facilities, places of worship, hospitals, alcohol or other drug abuse recovery or treatment facilities, county social service offices, or other alcoholic beverages sales activity establishments.

(E) The proposed establishment will otherwise be compatible with existing and potential uses within the general area.

(F) The proposed establishment is not located in what has been determined to be a high- crime area or where a disproportionate number of police service calls occur.

(G) The use of the proposed establishment is consistent with the General Plan.

SECTION VIII – CONDITIONS OF APPROVAL

Conditions of Approval that may be imposed include but are not limited to the following:

(A) Prohibited Products: To discourage nuisance activities, an Off-Sale Alcohol Outlet may be prohibited from selling one or more of the following products:

(1) Wine or distilled spirits in containers of less than 750 milliliters.

(2) Malt beverage products with alcohol content greater than five and one-half percent by volume.

(3) Wine with an alcoholic content greater than 14 percent by volume unless in corked bottles and aged at least two years.

(4) Beer or malt liquor sold individually in containers of 40 ounces or less.

(5) Containers of beer or malt liquor not in their original factory packages of six- packs or greater.

(6) Distilled spirits in bottles or containers smaller than 375 milliliters.

(7) Cooler products, either wine- or malt beverage- based, in less than four-pack quantities.

(B) Pay Telephones: Pay telephones on the site of the establishment shall be required to be of the type that only allow outgoing calls and shall be located in a visible and well- lighted location.

(C) Program: A “complaint response community relations” program established and maintained by the establishment conducting the Deemed Approved Activity may be required. The program may include the following:

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(1) Posting at the entry of the establishment providing the telephone number for the area commander of the local law enforcement substation to any requesting individual.

(2) Coordinating efforts with the police department to monitor community complaints about the establishment activities.

(3) Having a representative of the establishment meet with neighbors or the applicable neighborhood association on a regular basis and at their request attempt to resolve any neighborhood complaints regarding the establishment.

(D) Activities: If appropriate the following activities may be prohibited on the premises:
pool or billiard tables football or pinball games, arcade style video or electronic games coin-operated amusement devices.

(E) Chilled Alcoholic Beverages: An Off-Sale Alcohol Outlet may be prohibited from maintaining refrigerated or otherwise chilled alcoholic beverages on the premises.

(F) Hours of Operation: In an Off-Sale Alcohol Outlet, the sale of alcoholic beverages may be restricted to certain hours of each day of the week unless limited further by the State of California Department of Alcoholic Beverage Control.

(G) Cups: In Off-Sale Outlets, the sale or distribution to the customer of paper or plastic cups in quantities less than their usual and customary packaging may be prohibited.

(H) Signs: The following signs shall be required to be prominently posted in a readily visible manner on an interior wall or fixture, and not on windows, in English, Spanish and the predominant language of the patrons:

(1) “California State Law prohibits the sale of alcoholic beverages to persons under 21 years of age.”

(2) "No Loitering or Public Drinking."

(3) “It is illegal to possess an open container of alcohol in the vicinity of this establishment.”

(I) Presentation of Documents: A copy of the Conditions of Approval and the California Department of Alcoholic Beverage Control license shall be required to be kept on the premises and presented to any City Enforcement Officer or authorized state or county official upon request.

(J) Mitigating Alcohol Related Problems: The establishment shall be required to operate in a manner appropriate with mitigating alcohol related problems that negatively impact those individuals living or working in the neighborhood including but not limited to sales to minors, the congregation of individuals, violence on or near the premises, drunkenness, public urination, solicitation, drug-dealing, drug use, loud noise and litter.

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(K) Drug Paraphernalia: An Off-Sale Alcohol Outlet shall be prohibited from selling drug/tobacco paraphernalia products as defined in Health and Safety Code sections 11014.5 and 11364.5. “Drug Paraphernalia” means all equipment products and materials of any kind that are used intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, co ncealing, injecting, ingesting, inhaling, or otherwise introducing into the human body a controlled substance in violation of the California Uniform Controlled Substances Act commencing with California Health and Safety Code section 11000.

(L) Loitering: The establishment’s operators or employees shall be required to discourage loiterers and to ask persons loitering longer than fifteen minutes to leave the area and contact local law enforcement officials for enforcement of applicable trespassing and loitering laws if persons requested to leave fail to do so.

(M) Security Cameras: At least two 24-hour time lapse security cameras may be required to be installed and properly maintained on the exterior of the building at locations recommended by the Police Department. All criminal and suspicious activities recorded on this surveillance equipment must be reported to local law enforcement.

To the extent allowed by law, the establishment operators may be required to provide any tapes or other recording media from the security cameras to the Police Department.

(N) Security Guards: An establishment may be required to retain a specified number of security guards. The number of security guards shall vary based upon the specific facts and circumstances of each establishment site and operation. All security guards shall have all required state and City permits and licenses.

(O) Prohibited Vegetation: Exterior vegetation shall not be planted or maintained that could be used as a hiding place for persons on the premises. Exterior vegetation may be planted and maintained in a manner that minimizes its use as a hiding place.

(P) Window Obstructions: No more than 25% of windows or clear doors shall bear advertising of any sort, and all advertising signage shall be placed and maintained in a manner that ensures that law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from the exterior public sidewalk or entrance.

SECTION IX – APPEALS FROM A DETERMINATION ON AN APPLICATION

FOR PERMIT

Any applicant or other person aggrieved by a decision of the Planning Commission on an application for a Conditional Use Permit required by this Article may appeal the decision to the Mayor and Common Council pursuant to Development Code Chapter 19.52.

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SECTION X – GROUNDS FOR CONDITIONAL USE PERMIT SUSPENSION

OR REVOCATION

An alcoholic beverage sales activity establishment Conditional Use Permit may be suspended by the Planning Commission for up to one year or revoked after a noticed public hearing held pursuant to Development Code Chapter 19.52, for failure to comply with Operational Standards, training requirements or conditions imposed through the Conditional Use Permit.

Notice of intention to suspend or revoke shall be in writing and shall state the grounds therefore. Notice shall be mailed by U.S. First -Class Mail and Certified Mail Return Receipt Requested at least 10 days before the date of the hearing.

SECTION XI – INVESTIGATIVE PROCEDURES OF POTENTIAL

VIOLATION OF CONDITIONS OF APPROVAL

The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapter 9.93, to conduct hearings, make findings and determine whether violations of this Article, including the Operational Standards and Conditions of Approval, as well as whether undue negative impacts or public nuisance activities have occurred, are occurring or are likely to occur in the future. The assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93.

Upon the City’s receipt of a complaint from the public, Police Department, City official or any other interested person that a Conditional Use Permit activity is in violation of the Operational Standards and/or Conditions of Approval set forth in this Article, the following procedure shall be followed:

(A) A City Enforcement Officer (any Police Officer or other City Enforcement Officer as listed in San Bernardino Municipal Code Chapter 9.93) shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the premises to assess the activity’s compliance with Operational Standards and/or Conditions of Approval.

(B) If the Enforcement Officer determines that the activity is in violation of the Operational Standards and/or Conditions of Approval, the Enforcement Officer may issue an Administrative Citation or an Administrative Civil Penalties Notice, which then may be subject to a hearing by the Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapter 9.92 or 9.93.

(C) Any Administrative Citation or Administrative Civil Penalties Notice issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of San Bernardino Municipal Code Chapter 9.92 and 9.93, unless otherwise expressly provided by this Ordinance.

(D) The Administrative Hearing Officer shall determine whether the activity is in compliance with the operational standards and/or Conditions of Approval. Based on this determination, the Hearing Officer may continue the Conditional Use permit

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status for the use in question, may impose Administrative Civil Penalties pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of the Operational Standards and/or Conditions of Approval or may recommend that the Planning Commission revoke the activity’s Conditional Use Permit. If the Hearing Officer determines instead to impose further, new conditions on the activity, such conditions shall be based upon the information then before the Hearing Officer. In reaching a determination as to whe ther a use has violated the Operational Standards or Conditions of Approval, or as to the appropriateness of imposing additional or amended conditions on a use, recommending suspension or revocation of a use, assessing administrative penalties, or the amount of Administrative Civil Penalties to assess, the Hearing Officer may consider:

1. The length of time the activity has been out of compliance with the Operational Standards and/or Conditions of Approval.

2. The impact of the violation of the Operational Standards and/or Conditions of Approval on the community.

3. Any information regarding the owner of the activity’s efforts to remedy the violation of the operational standards and/or Conditions of Approval.

(E) “Efforts to Remedy” shall include, but are not limited to:

1. Timely calls to the Police Department that are placed by the owner of the Deemed Approved activity, his or her employees, or agents.

2. Requesting that those persons engaging in activities causing violations of the Operational Standards and or Conditions of Approval cease those activities, unless the owner of the activity, or his or her employees or agents feels that their personal safety would be threatened in making that request.

3. Making improvements to the activity's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, the clearing of window obstructions, the cleaning of sidewalks and the abatement of graffiti within three days.

(F) If in the judgment of the Administrative Hearing Officer, the operations of the owner of the activity constitute a nuisance, the owner is unable or unwilling to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Hearing Officer may recommend that the Planning Commission suspend or revoke the activity’s Conditional Use permit. All determinations, decisions, and conditions made or imposed regarding the use of a activity shall run with the land.

(G) The decision of the Administrative Hearing Officer shall become final and conclusive and shall not be subject to appeal to the Mayor and Common Council.

Once the decision of the Administrative Hearing Officer becomes final, the time in

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which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable State Law.

SECTION XII – APPEAL FROM SUSPENSION OR REVOCATION OF

CONDITIONAL USE PERMIT

Any applicant or other person aggrieved by a decision of the Planning Commission from a suspension or revocation of a Conditional Use Permit may appeal the decision to the Mayor and Common Council pursuant to Development Code Chapter 19.52.

ARTICLE III – STANDARDS AND PROCEDURES FOR EXISTING DEEMED

APPROVED ALCOHOLIC BEVERAGE SALES ACTIVITIES

SECTION I – PURPOSE

The purposes of these regulations are to protect and promote the public health, safety, comfort, convenience, prosperity and general welfare by requiring that alcoholic beverage sales activities that are legal nonconforming activities to comply with the Deemed Approved performance standards in this Chapter and to achieve the following objectives:

(A) Protect surrounding neighborhoods from the harmful effects attributable to the sale of alcoholic beverages and to minimize the adverse impacts of nonconforming and incompatible uses.

(B) Encourage businesses selling alcoholic beverages to operate in a manner that is mutually beneficial to other such businesses and other commercial and civic activities.

(C) Provide a mechanism to address problems often associated with the public consumption of alcoholic beverages, such as litter, loitering, graffiti, unruly behavior and escalated noise levels.

(D) Ensure that businesses selling alcoholic beverages are not the source of undue public nuisances in the community.

(E) Ensure that sites where alcoholic beverages are sold are properly maintained so that negative impacts generated by these activities are not harmful to the surrounding environment in any way.

SECTION II – APPLICABILITY

The Deemed Approved alcoholic beverage sales regulations shall apply to all alcoholic beverage sales activities for on-site or off-site consumption existing and operating within the City on the effective date of this ordinance.

SECTION III – AUTOMATIC DEEMED APPROVED STATUS

All Alcoholic Beverage Sales Commercial Activities that were Legal Nonconforming Activities, on the effective date of this ordinance, whether or not previously granted a

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Conditional Use Permit by the City, shall automatically become Deemed Approved Activities as of the effective date of this ordinance and shall no longer be considered Legal Nonconforming Activities.

Each deemed approved activity shall retain its Deemed Approved status as long as it complies with the performance standards of this ordinance.

The occurrence of any of the following shall terminate the Deemed Approved status of the alcoholic beverage sales activity after notice and a hearing in accordance with Section VI below, and require the issuance of a Conditional Use Permit in order to cont inue the alcoholic beverage sales activity:

(A) An existing alcoholic beverage sales activity changes its activity so that ABC requires a different type of license.

(B) There is a substantial modification to the mode or character of operation.

(C) As used herein, the phrase “substantial change of mode or character of operation” includes but is not be limited to the following:

1. The off-site alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display or sales of any alcoholic beverage.

2. The on-site alcoholic beverage sales activity establishment increases the floor or land area or shelf space devoted to the display, sales or service of any alcoholic beverage.

3. The off-site or on-site alcoholic beverage sales activity establishment expands the sale or service of any alcoholic beverages and/or increases the number of customer seats primarily devoted to the sale or service of any alcoholic beverages.

4. The off-site or on-site alcoholic beverage sales activity establishment extends the hours of operation.

5. The alcoholic beverage sales activity establishment proposes to reinstate alcohol sales after the ABC license has been either revoked or suspended for a period 90 days or greater by ABC.

6. The alcoholic beverage sales activity voluntarily discontinues active operation for more than 90 consecutive days or ceases to be licensed by the ABC.

(D) A substantial change in the mode of character of operation shall not include:

1. Re-establishment, restoration or repair of an existing alcoholic beverage sales activity on the same premises after the premises have been rendered totally or partially inaccessible by a riot, insurrection, toxic accident or act of God, provided that the re-establishment, restoration or repair does not increase the

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sales or service of any alcoholic beverage, extend the hours of operation of any establishment or add to the capacity, floor or land area or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

2. Temporary closure for not more than ninety days in cases of vacation or illness or for purposes of repair, renovation, or remodeling if that repair, renovation, or remodeling does not change the nature of the premises and does not increase the sales or service of any alcoholic beverage, extend the hours of operation of any establishment, or add to the capacity, floor or land area, or shelf space devoted to alcoholic beverages of any establishment that sells or serves any alcoholic beverages.

(E) Discontinuance. Once it is determined by the City that there has been a discontinuance of active operation for 90 consecutive days or a cessation of ABC licensing, it may be resumed only upon the granting of a Conditional Use Permit as provided in Article II. The property owner shall be notified by the City of the termination of the Deemed Approved status and shall be informed of the property owner’s right to appeal the City’s decision to the Administrative Hearing Officer.

SECTION IV – DEEMED APPROVED PERFORMANCE STANDARDS

The provisions of this section shall be known as the Deemed Approved performance standards. The purpose of these standards is to control dangerous or objectionable environmental effects of alcoholic beverage sales activities. These standards shall apply to all Deemed Approved alcoholic beverage sales activities that hold Deemed Approved status pursuant to this Article.

An alcoholic beverage sales activity (“Alcohol Outlet”) shall retain its Deemed Approved status only if it conforms to all of the following Deemed Approved performance standards:

(A) The Alcohol Outlet shall not cause adverse effects to the health, peace or safety of persons residing or working in the surrounding area.

(B) The Alcohol Outlet shall not jeopardize or endanger the public health or safety of persons residing or working in the surrounding area.

(C) The Alcohol Outlet shall not allow repeated nuisance activities within the premises or in close proximity of the premises, including but not limited to disturbance of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, excessive littering, loitering, graffiti, illegal parking, excessive loud noises, especially in the late night or early morning hours, traffic violations, curfew violations, or lewd conduct.

(D) The Alcohol Outlet shall comply with all provisions of local, state or federal laws, regulations or orders, including but not limited to those of the ABC, California Business and Professions Code §§ 24200, 24200.6, and 25612.5, as well as any

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condition imposed on any permits issued pursuant to applicable laws, regulations or orders. This includes compliance with annual City business registration fees.

(E) The Alcohol Outlet’s upkeep and operating characteristics shall be compatible with and not adversely affect the livability or appropriate development of abutting properties and the surrounding neighborhood.

(F) A copy of these performance standards, any applicable ABC or City operating conditions, and any training requirements shall be posted in at least one prominent place within the interior of the establishment where it will be readily visible and legible to the employees and patrons of the establishment.

(G) The owners and all employees of establishments involved in the sale of alcoholic beverages shall complete an approved course in Licensee Education on Alcohol and Drugs (LEAD), or other "Responsible Beverage Service" (RBS) training by October 21, 2011, or within 60 days of hire for employees hired after that date. To satisfy this requirement, the RBS course must be recognized by the California Department of Alcoholic Beverage Control. The RBS course shall include at a minimum the following: a review of ABC laws and regulations; administrative, criminal and civil liabilities; acceptable forms of identification; and how to identify minors and persons already intoxicated. (MC 1358 7/5/11)

SECTION V – NOTIFICATION TO OWNERS OF ESTABLISHMENTS

CONDUCTING DEEMED APPROVED ACTIVITIES

The City’s Community Development Department shall notify the owner of each Deemed Approved activity, and also, if not the same, any property owner at the address shown on the City’s property tax assessment records, of the activity’s Deemed Approved status. The notice shall be sent by U.S. First Class Mail and Certified Mail Return Receipt Requested and shall include a copy of the performance standards in this Article with the requirement that they be posted in a conspicuous and unobstructed place visible from the entrance of the establishment for public review. This notice shall also provide that the activity is required to comply with all performance standards, and that the activity is required to comply with all other aspects of the Deemed Approved regulations. Should the notice be returned, then the notice shall be sent via regular U.S. Mail. Failure of any person to receive

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notice given pursuant to this Article shall not affect the Deemed Approved status of the activity.

SECTION VI - DEEMED APPROVED STATUS PROCEDURES

The City shall appoint an Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapter 9.93 to conduct hearings, make findings and determine whether violations of this Article, including the Deemed Approved performance standards, Conditions of Approval, undue negative impacts or public nuisance activity, have occurred, are occurring, or are likely to occur in the future. The assigned Administrative Hearing Officer shall exercise all powers relating to the conduct of the administrative hearing pursuant to San Bernardino Municipal Code Chapter 9.93.

Upon the City’s receipt of a complaint from the public, Police Department, City official or any other interested person that a Deemed Approved use is in violation of the performance standards set forth in this Article, the following procedure shall be followed:

(A) A City Enforcement Officer shall assess the nature of the complaint and its validity by conducting an on-site observation and inspection of the premises to assess the activity’s compliance with performance standards.

(B) If the Enforcement Officer determines that the Deemed Approved activity is in violation of the performance standards, the Enforcement Officer may issue an Administrative Citation or an Administrative Civil Penalties Notice, which then may be subject to a h earing by the Administrative Hearing Officer pursuant to San Bernardino Municipal Code Chapters 9.92 or 9.93.

(C) Any Administrative Citation or Administrative Civil Penalties Notice issued under this section shall be issued, processed, and enforced in compliance with all of the provisions of San Bernardino Municipal Code Chapters 9.92 and 9.93, unless otherwise expressly provided by this Ordinance.

(D) The Administrative Hearing Officer shall determine whether the Deemed Approved activity is in compliance with the performance standards. Based on this determination, the Hearing Officer may continue the Deemed Approved status for the use in question, may impose Administrative Civil Penalties for violations of the performance standards pursuant to San Bernardino Municipal Code Chapter 9.93, may impose such reasonable conditions, including but not limited to the conditions listed in Article II, Section VIII above, as are in the judgment of the Hearing Officer necessary to ensure compliance with the performance standards and may suspend or revoke the Deemed Approved activity’s Deemed Approved status. If the Hearing Officer determines instead to impose further, new conditions on the Deemed Approved activity, such conditions shall be based upon the information then before the Hearing Officer. In reaching a determination as to whether a use has violated the performance standards, or as to the appropriateness of imposing additional or amended conditions on a use, suspending or revoking a use, assessing Administrative Civil Penalties, or the amount of Administrative Civil Penalties to assess, the Hearing Officer may consider:

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1. The length of time the Deemed Approved activity has been out of compliance with the performance standards.

2. The impact of the violation of the performance standard(s) on the community.

3. Any information regarding the owner of the Deemed Approved activity’s efforts to remedy the violation of the performance standard(s).

(E) “Efforts to Remedy” shall include, but are not limited to:

1. Timely calls to the Police Department that are placed by the owner of the Deemed Approved activity, his or her employees, or agents.

2. Requesting that those persons engaging in activities causing violations of the performance standard(s) cease those activities, unless the owner of the Deemed Approved activity, or his or her employees or agents feels that their personal safety would be threatened in making that request.

3. Making improvements to the Deemed Approved activity's property or operations, including but not limited to the installation of lighting sufficient to illuminate the area within the use's property line, the installation of security cameras, clear unobstructed windows, clean sidewalks and graffiti abated within three days.

(F) If in the judgment of the Administrative Hearing Officer, the operations of the owner of the deemed Approved activity constitute a nuisance, the owner is unable to abate the nuisance and the nuisance is shown to be a threat to the public health and safety of the surrounding neighborhood, the Hearing Officer may suspend or revoke the activity’s Deemed Approved status. Any continued operation of the business shall require a Conditional Use Permit approved by the Planning Commission. All determinations, decisions, and conditions made or imposed regarding the use of a Deemed Approved activity shall run with the land.

(G) The decision of the Administrative Hearing Officer shall become final and conclusive and shall not be subject to appeal to the Mayor and Common Council.

Once the decision of the Administrative Hearing Officer becomes final as provided in this Chapter, the time in which judicial review of the decision must be sought shall be governed by California Code of Civil Procedure Section 1094.6, or other applicable State Law.

ARTICLE IV - ALCOHOLIC BEVERAGE SALES ACTIVITY PENALTIES

(A) Any person who violates, causes or permits another person to violate any provision of this ordinance is guilty of either an infraction or misdemeanor. Any person convicted of either an infraction or misdemeanor under the provision of this ordinance shall be punished by a fine, imprisonment or both according to Chapter

1.12 of the San Bernardino Municipal Code.

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(B) Separate Offenses for Each Day: Any violator shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator and shall be punishable accordingly.

(C) Any Violation a Public Nuisance: In addition to the penalties provided in this section, any use or condition caused or permitted to exist in violation of any of the provisions of these regulations shall be and is declared to be a public nuisance and may be abated as such by the City.

(D) Injunction as Additional Remedy: Any violation of any provision of these regulations shall be and is declared to be contrary to the public interest and shall at the discretion of the City, create a cause of action for injunctive relief.

(E) Administrative Civil Penalties: In addition to any other penalties provided in this section, $1,000.00 in Administrative Civil Penalties shall be imposed for each and every offense and for each and every day during any portion of which any violation of any provision of these regulations is committed, continued, permitted, or caused by such violator.

(F) The City shall bill all persons liable for these Administrative Civil Penalties by mail showing the itemized cost of such chargeable service and requesting payment.

Payment of the penalties shall be due within thirty 30 days of the date of the bill is deposited in the Mail. If full payment is not received within the required time for payment the bill will be delinquent and all persons liable for the penalties shall be charged interest at the maximum legal rate from the date the payment period expires and a further civil penalty in the amount of $100.00 per day. The delinquent costs may be placed as a lien against the property or collected by the City in any manner authorized bylaw and are recoverable in a civil action filed by the City in a court of competent jurisdiction.

(G) Liability for Expenses: In addition to the punishment provided by law a violator is liable for such costs expenses and disbursements paid or incurred by the City or any of its contractors in correction abatement and prosecution of the violation. Re- inspection fees to ascertain compliance with previously noticed or cited violations shall be charged against the owner of the establishment conducting the Deemed Approved Activity or owner of the property where the establishment is located. The Enforcement Officer shall give the owner or other responsible party of such affected premises a written notice showing the itemized cost of such chargeable service and requesting payment thereof. Should the bill not be paid in the required time, the charges shall be placed as a lien against the property.

C. AUTOMOBILE SALES

Automobile sales dealerships, new and/or used, in the City must conform with the intent of this Development Code and shall enhance and promote the image of the City. A Development Permit shall be required for automobile sales dealerships of new vehicles and a Conditional Use Permit shall be required for automobile sales dealerships of used vehicles, and all dealerships must be constructed in the following manner:

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CONDITIONAL USE PERMITS AND MINOR USE PERMITS – 19.36
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CHAPTER 19.36

CONDITIONAL USE PERMITS AND

MINOR USE PERMITS

Section Page

19.36.010 Purpose ........................................................................................................... IV-19.36-1

19.36.020 Application ..................................................................................................... IV-19.36-1

19.36.030 Project Review ............................................................................................... IV-19.36-2

19.36.040 Hearings and Notice ...................................................................................... IV-19.36-2

19.36.050 Findings .......................................................................................................... IV-19.36-2

19.36.060 Use of Property Before Final Decision ........................................................ IV-19.36-3

19.36.070 Conditional Use Permit or Minor Use Permit Expiration .......................... IV-19.36-3

19.36.080 Modification of Conditional Use Permit or Minor Use Permit .................. IV-19.36-3

19.36.090 Time Extension .............................................................................................. IV-19.36-3

19.36.100 Revocation ..................................................................................................... IV-19.36-4

19.36.110 Conditional Use Permit or Minor Use Permit to Run With the Land ........... IV-19.36-4

19.36.120 Performance Guarantee ................................................................................. IV-19.36-4

19.36.010 PURPOSE

Conditional uses are unique and their effect on the surrounding environment cannot be determined in advance of the use being proposed for a particular location. At the time of application, a review of the location, design, configuration, and potential impact of the proposed use shall be conducted by comparing the use to established development standards and design guidelines. This review shall determine whether the proposed use should be permitted by weighing the public need for and the benefit to be derived from the use against the impact which it may cause.

An application for a Minor Use Permit may be made in-lieu of an application for a Conditional Use Permit if the use meets the following criteria:

1. The use will be entirely located within a structure that has previously been approved with a Development Permit or Conditional Use Permit;

2. The use will be less than 10,000 square feet in gross floor area;

3. The use will be exempt from the provisions of the California Environmental Quality Act;

For all other applications for conditional uses, and for all applications for social service centers and religious facilities/churches, a Conditional Use Permit shall be required. (MC 1381 12/19/12)

19.36.020 APPLICATION

An application for a Conditional Use Permit or a Minor Use Permit shall be filed in a manner consistent with the requirements contained in Chapter 19.32 (Applications and Fees). (MC 1381 12/19/12)

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19.36.030 PROJECT REVIEW

Each Conditional Use Permit or Minor Use Permit application shall be analyzed to assure that the application is consistent with the intent and purpose of this Chapter.

Minor Use Permit applications shall be reviewed and approved by the DRC.

To ensure effective implementation of General Plan policies relating to design guidelines, each application for a Conditional Use Permit shall be reviewed by the DRC prior to approval by the Commission. (MC 1381 12/19/12)

19.36.040 HEARINGS AND NOTICE

Upon receipt in proper form of a Conditional Use Permit or Minor Use Permit application, a hearing shall be set and notice of the hearing given in a manner consistent with Chapter 19.52 (Hearings and Appeals). (MC 1381 12/19/12)

19.36.050 FINDINGS

Following a hearing, the DRC or Commission shall record the decision in writing and shall recite therein the findings upon which such decision is based. The DRC or Commission may approve and/or modify a Conditional Use Permit or Minor Use Permit application in whole or in part, with or without conditions, only if all of the following findings are made: (MC 1381 12/19/12)

1. The proposed use is conditionally permitted within, and would not impair the integrity and character of the subject zone and complies with all of the applicable provisions of this Development Code; (MC 1393 12/2/13)

2. The proposed use is consistent with the General Plan;

3. The approval of the Conditional Use Permit or Minor Use Permit for the proposed use is in compliance with the requirements of the California Environmental Quality Act and Section

19.20.030(6) of the Development Code; (MC 1381 12/19/12)

4. There will be no potentially significant negative impacts upon environmental quality and natural resources that could not be properly mitigated and monitored;

5. The location, size, design, and operating characteristics of the proposed use are compatible with the existing and future land uses within the general area in which the proposed use is to be located and will not create significant noise, traffic or other conditions or situations that may be objectionable or detrimental to other permitted uses in the vicinity or adverse to the public interest, health, safety, convenience, or welfare of the City;

6. The subject site is physically suitable for the type and density/intensity of use being proposed; and

7. There are adequate provisions for public access, water, sanitation, and public utilities and services to ensure that the proposed use would not be detrimental to public health and safety. (MC 888 1/6/94)

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CONDITIONAL USE PERMITS AND MINOR USE PERMITS – 19.36
IV-19.36-3 Oct. 2019

19.36.060 USE OF PROPERTY BEFORE FINAL DECISION

No permit shall be issued for any use involved in an application for approval of a Conditional Use Permit or Minor Use Permit until, and unless, the same shall have become final, pursuant to Section

19.52.080 (Effective Date). (MC 1381 12/19/12)

19.36.070 CONDITIONAL USE PERMIT EXPIRATION

Within two years of Conditional Use Permit or Minor Use Permit approval, commencement of construction shall have occurred or the Conditional Use Permit or Minor Use Permit shall become null and void. In addition, if after commencement of construction, work is discontinued for a period of one year, then the Conditional Use Permit or Minor Use Permit shall become null and void.

Projects may be built in phases if preapproved by the review authority. If a project is built in preapproved phases, each subsequent phase shall have 1 year from the previous phase's date of construction commencement to the next phase's date of construction co mmencement to have occurred, or the Conditional Use Permit or Minor Use Permit shall become null and void. (MC 891 12/20/93; MC 1381 12/19/12)

Any previously approved Conditional Use Permit that had not expired as of September 13, 1993 shall be extended for two years. This automatic extension of time is a one -time extension from September 13, 1993 and is in addition to the time granted under the initial approval of the Conditional Use Permit or any subsequent approval of an extension of time. (MC 895 1/24/94)

Any previously approved Conditional Use Permit that had not expired as of January 1, 2010 shall be extended for two years. This automatic extension of time is a one-time extension, and is in addition to the time granted under the initial approval of the C onditional Use Permit, or any subsequent approval of an extension of time. The automatic extension of time shall not reinstate nor extend any person’s right to an administrative appeal, and shall not reinstate nor extend any claims or litigation statute of limitations. By acceptance of this grant of an automatic extension of time, the applicant(s) hereby waives any challenges to the conditions, fees and requirements of the Conditional Use Permit. (MC 1329 7/19/10)

19.36.080 MODIFICATION OF CONDITIONAL USE PERMIT

An approved Conditional Use or Minor Use Permit may be modified, in a manner pursuant to Chapter 19.32 (Applications and Fees). Minor modifications to an approved Conditional Use Permit or Minor Use Permit may be approved by the D irector, pursuant to Secti on 19.60 (Minor Modifications). (MC 1381 12/19/12)

19.36.090 TIME EXTENSION

The approving authority may, upon an application being filed 30 days prior to expiration and for good cause, grant a time ext ension not to exceed 12 months. Upon granting of an extension, the approving authority shall ensure that the Conditional Use Permit or Minor Use Permit complies with all current Development Code provisions. (MC 1381 12/19/12)

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CONDITIONAL USE PERMITS AND MINOR USE PERMITS – 19.36
IV-19.36-4 Oct. 2019

19.36.100 REVOCATION

The approving authority may hold a hearing to revoke or modify a Conditional Use Permit or Minor Use Permit granted pursuant to the provisions of this Chapter. Ten days prior to the hearing, notice shall be delivered in writing to the applicant and/or owner of the property for which such Conditional Use Permit or Minor Use Permit was granted. Notice shall be deemed delivered 2 days after being mailed, first class postage paid, to the owner as shown on the current tax rolls of the County of San Bernardino, and/or the project applicant.

A Conditional Use Permit or Minor Use Permit may be revoked or modified by the approving authority if any one of the following findings can be made:

1. That circumstances have changed so that 1 or more of the findings contained in Section

19.46.050 can no longer be made;

2. That the Conditional Use Permit or Minor Use Permit was obtained by misrepresentation or fraud;

3. That the use for which the Conditional Use Permit or Minor Use Permit was granted had ceased or was suspended for six or more consecutive calendar months;

4. That one or more of the conditions of the Conditional Use Permit or Minor Use Permit have not been met;

5. That the use is in violation of any statute, ordinance, law, or regulation; and

6. That the use permitted by the Conditional Use Permit or Minor Use Permit is detrimental to the public health, safety or welfare or constitutes a nuisance. (MC 1381 12/19/12)

19.36.110 CONDITIONAL USE PERMIT/MINOR USE PERMIT TO RUN

WITH THE LAND

A Conditional Use Permit or Minor Use Permit granted pursuant to the provisions of this Chapter shall continue to be valid upon a change of ownership of the site, business, service, use or structure which was the subject of the permit application. (MC 1381 12/19/12)

19.36.120 PERFORMANCE GUARANTEE

The developer may be conditioned to provide performance security in a manner similar to Section

19.30.230 for the faithful performance of any or all conditions of approval.

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HEARINGS AND APPEALS – 19.52
IV-19.52-1 June 2022
CHAPTER 19.52

HEARINGS AND APPEALS

Section Page

19.52.010 Purpose ....................................................................................................... IV-19.52-1

19.52.020 Application Processing .............................................................................. IV-19.52-1

19.52.030 Director Investigation ................................................................................ IV-19.52-2

19.52.040 Hearing Procedure ..................................................................................... IV-19.52-2

19.52.050 Notice of Decision – Director and Development Review Committee .......... IV-19.52-2

19.52.060 Notice of Decision – Commission ............................................................... IV-19.52-2

19.52.070 Notice of Decision – Council ...................................................................... IV-19.52-3

19.52.080 Effective Date ............................................................................................ IV-19.52-3

19.52.090 Appeal of Action ........................................................................................ IV-19.52-3

19.52.100 Filing of Appeals ........................................................................................ IV-19.52-3

19.52.110 Notice of Appeal Hearings ......................................................................... IV-19.52-4

19.52.120 Effective Date of Appealed Actions .......................................................... IV-19.52-4

19.52.130 Reapplication ............................................................................................. IV-19.52-4

19.52.140 Reconsideration .......................................................................................... IV-19.52-4

19.52.010 PURPOSE

These provisions specify procedures for hearings before the Council, Commission, Development Review Committee (DRC) and Director and appeals of any requirement, decision or determination made by the Director, DRC or the Commission.

19.52.020 APPLICATION PROCESSING (MC 1574 5/4/22)

Applications shall be reviewed and processed in a manner consistent with the provisions of the California Government Code Sections 65090, 65091, and 66451.3.

Not less than 10 days before the date of a hearing, public notice shall be given of such hearing by the following methods:

1. By one publication in a newspaper of general circulation within the City. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body;

2. By mailing, 10 days prior to said hearing, postage prepaid, to the owners and tenants (residential and business) of a property within a radius of 1,000 feet of the exterior boundaries of the property involved in the application, using for this purpose the last known name and address of such owners and tenants (residential and business) as shown upon the current tax assessor's records. Notice is deemed received two days after date of postmark. The list of property owner and tenant (residential and business) addresses shall be typed upon gummed labels, together with required postage. The list shall be prepared and certified by the applicant or a title insurance company.

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HEARINGS AND APPEALS – 19.52
IV-19.52-2 June 2022
The notice shall state the nature of the request, location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and the notice shall be prepared in English and Spanish.

3. In the event that the number of owners and tenants (residential and business) to whom notice would be sent is greater than 1,000, notice may be given at least 10 days prior to the hearing by placing a display advertisement of at least 1/8 page in the newspaper having the greatest circulation within the area affected by the proposed action. The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body; and

4. By mailing, 10 days prior to said hearing, postage prepaid, to the owner of the subject real property or the owner's authorized agent, and to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the proposed project.

The notice shall state the nature of the request, the location of the property (text or diagram), the date, time, and place of the scheduled hearing, and the hearing body. Notice is deemed received 2 days after date of postmark.

19.52.030 DIRECTOR INVESTIGATION

The Director shall make an investigation of the facts bearing on the case to provide the information necessary for action consistent with the intent of this Development Code and the General Plan. The Director shall report the findings to the DRC, Commission or Council as appropriate.

19.52.040 HEARING PROCEDURE

Hearings as provided for in this Chapter shall be held at the date, time, and place for which notice has been given as required in this Chapter. The summary minutes shall be prepared, or audio tape made and filed in the Department. Any hearing may be continued provided that prior to the adjournment or recess of the hearing, a clear announcement is made specifying the date, time, and place to which said hearing will be continued.

19.52.050 NOTICE OF DECISION – DIRECTOR AND DEVELOPMENT

REVIEW COMMITTEE

The Director and/or the DRC shall announce and record their respective decisions at the conclusion of each required hearing. The decision shall set forth applicable findings and any conditions of approval. Following the hearing, a notice of the decision and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

19.52.060 NOTICE OF DECISION – COMMISSION

The Commission shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Commission together with all required conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the community.

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HEARINGS AND APPEALS – 19.52
IV-19.52-3 June 2022
Following the hearing, a notice of the decision of the Commission, and any conditions of approval shall be mailed to the applicant at the address shown upon the application.

The recommendation with findings of the Commission for the following applications shall be transmitted to the Council for final action:

1. Specific Plans;

2. General Plan Amendments, text or map;

3. Development Code Amendments;

4. Development Agreements; and

5. Surface Mining and Land Reclamation Plans.

19.52.070 NOTICE OF DECISION – COUNCIL

The Council shall announce and record its decision at the conclusion of the public hearing. The decision shall set forth the findings of the Council and conditions of approval deemed necessary to mitigate any impacts and protect the health, safety and welfare of the City.

Following the hearing, a notice of the decision of the Council and any conditions of approval shall be mailed by the City Clerk to the applicant at the address shown upon the application.

The decision of the Council shall be final.

19.52.080 EFFECTIVE DATE

Director approved Development Permits shall become effective upon approval, unless appealed.

Minor Exceptions, Variances, all other Development Permits, and Conditional Use Permits, shall become effective 15 days following the final date of action (i.e., approval) by the appropriate review authority. Specific Plans, General Plan Amendments, Development Code Amendments, Development Agreements, and Surface Mining and Land Reclamation Plans shall become effective 30 days following the final date of action (i.e., adoption) by the Council. The letter of approval shall constitute the permit, and the resolution or ordinance shall constitute the amendment.

19.52.090 APPEAL OF ACTION

Any determination or action taken by the Director or the DRC may only be appealed to the Commission. In a similar manner, any action taken by the Commission to approve or disapprove an application may be appealed to the Council. Any determination or action taken by the City Engineer may only be appealed directly to the Council.

19.52.100 FILING OF APPEALS

All appeals shall be submitted to the Department on a City application form, and shall specifically state the basis of the appeal. An appeal of a Director or DRC action shall be filed with the

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HEARINGS AND APPEALS – 19.52
IV-19.52-4 June 2022
Department within 15 days following the final date of action for which an appeal is made. An appeal of a Commission decision shall be filed with the Department within 15 days following the final date of action for which an appeal is made.

An appeal of a City Engineer action shall be filed in the office of the City Clerk. All appeals relating to subdivision matters shall be made within 15 days following the date of the decision or action for which an appeal is made. Appeals shall be accompanied by a filing fee as specified in Chapter 19.32 (Applications and Fees).

19.52.110 NOTICE OF APPEAL HEARINGS

Notice of an appeal hearing shall conform to the manner which the original notice was given. The appellant shall be responsible for all noticing materials required in the original application.

19.52.120 EFFECTIVE DATE OF APPEALED ACTIONS

An action of the Director or DRC appealed to the Commission shall not become final until upheld by the Commission. An action of the Commission or City Engineer appealed to the Council shall not become final unless and until upheld by the Council.

19.52.130 REAPPLICATION

When an application for a permit or amendment is denied, no application for the same or substantially same permit or amendment shall be filed in whole, or in part, for the ensuing 12 months except as otherwise specified at the time of denial. The Director shall determine whether the new application is for a permit or amendment which is the same or substantially the same as a previously denied permit or amendment. No decision of the Director shall be effective until a period of 15 days has elapsed following the written notice of decision.

19.52.140 RECONSIDERATION

If more complete or additional facts or information, which may affect the original action taken on an application by a review authority are presented, the review authority may reconsider such action taken, if a request for reconsideration is filed with the Department within 15 days following the final date of action. If a public hearing was required in the original review process, another public notice as specified in Section 19.52.020 shall be made prior to the reconsideration of the review authority, and all costs associated with the reconsideration shall be paid by the applicant.

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PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Public Hearing on Annexation No. 51 to Community Facilities District 2019-1 (Maintenance Services) – Cajon Industrial Park (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2025-382 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 51); and

3. Hold a special landowner election and canvass the election; and

4. Adopt Resolution No. 2025-383 of the Mayor and City Council of the City of San Bernardino, California, declaring election results for Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 51); and

5. Introduce, read by title only, and waive further reading of Ordinance No. MC-1655 of the Mayor and City Council of the City of San Bernardino, California, amending Ordinance No. MC-1522 and levying special taxes to be collected during Fiscal Year 2025-2026 to pay annual costs of the maintenance and servicing of landscaping, lighting, streets, drainage, and a reserve fund for capital replacement, and administrative expenses with respect to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services); and

6. Schedule the adoption of Ordinance No. MC-1655 for November 19, 2025.

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City Manager's Comments
The City Manager recommends approval based on being consistent with the property owner’s petition.

Executive Summary
The recommended actions are the second step of the annexation process for the proposed development into Community Facilities District (CFD) No. 2019-1 (Maintenance Services). The property owner has petitioned the City to annex into the City’s CFD to mitigate its impacts for maintenance service of public facilities as a result of the new development. The City Council approved the Resolution of Intention on September 17, 2025, setting today the time and place of the public hearing. The special taxes will be levied annually to offset general fund expenditures related to maintenance of public improvements within and for the benefit of the development.

Background
On September 17, 2025, the Mayor and City Council adopted Resolution No. 2025- 368, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”. A public hearing was set for November 5, 2025, on the proposed annexation of the said territory into the community facilities district. As required by the Resolution of Intention, a boundary map was recorded on September 18, 2025, at 12:12 p.m. in Book 92 Page 60, Document No. 2025-0225229 of Maps of Assessment and Community Facilities Districts with the San Bernardino County Recorder.

The Resolution of Intention was adopted by the Mayor and City Council in response to a petition filed by the property owner of approximately 16.45 gross acres of zoned commercial property within the City, requesting that the City assist them in annexing their property into CFD No. 2019-1 under the Mello-Roos Act. The proposed project will include an industrial warehouse. The State legislature enacted the Mello-Roos Act in 1982 to assist public agencies in financing certain public improvements by either issuing tax exempt securities that are repaid by annual levy of special taxes, or to provide for the financing of on-going public services. The landowner requested the City annex into CFD No. 2019-1 to levy a special tax to cover the costs associated with the maintenance of public improvements. The public facilities and services proposed to be financed within the territory to be annexed to the District are the following:

1. Maintenance of landscaping and other public improvements installed within the public rights-of-way; and

2. Public lighting and appurtenant facilities, including streetlights within public rights- of-way and traffic signals; and

3. Maintenance of streets, including street sweeping, pavement management and sidewalks; and

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4. Maintenance and operation of water quality improvements including storm drainage and floor protection facilities; and

5. City and County costs associated with the setting, levying and collection of the special tax, and in the administration of the District including the contract administration and for the collection of reserve funds.

The proposed area to be annexed into the CFD will be included in Tax Zone 51 and is located at the northwest corner of Institution Road and Southern Pacific RR, as shown in Attachment #13.

The maximum annual special tax for this development has been calculated to be $10,562 for FY 2025/26. Special Tax rate is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%. The property owners have agreed to initiate and conduct the CFD annexation proceedings pursuant to the Mello-Roos Act of 1982. The property owners have submitted a “Consent and Waiver” form on file in the City Clerk’s Office to initiate and conduct proceedings pursuant to the Mello-Roos Act in 1982, for the annexation into the CFD and consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election.

In order to annex property to CFD No. 2019-1 pursuant to the provisions of California Government Code Section 53311 et seq., the City must adopt a series of three statutorily required Resolutions and an Ordinance which are summarized below. Resolution declaring City intent to annex territory to Community Facilities District No. 2019-1 including the boundary of the area to be annexed and the rate and method of apportionment of special taxes within the annexation area (the special tax applies only to properties within the annexation area), adopted September 17, 2025.
Resolution calling an election to submit to the qualified electors the question of levying a special tax within the area proposed to be annexed to the District. Resolution declaring the results of the election and directing the recording of the notice of special tax lien.
Amend the Ordinance and order the levy and collection of special taxes in the District.

With the adoption of the Resolutions and the first reading of the amended Ordinance, the second reading of the amended Ordinance would be scheduled for November 19, 2025.

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Discussion
The Resolution of Intention called for a public hearing to be held on November 5, 2025, on the issue of the annexation of territory into CFD No. 2019-1. Under the Mello-Roos Act, the Mayor and City Council must hold the public hearing and consider any protests against the formation of the CFD. If the owners of one half or more of the land within the proposed boundaries of the CFD file written protests against the establishment of the CFD, the Council may not create the CFD. If a majority protest is not filed, the Mayor and City Council may adopt the resolution establishing the CFD.

Adoption of Resolution No. 2019-178 on July 17, 2019, established CFD 2019-1, pursuant to the requirements of Government Code Section 53325.1. After a CFD is formed, the Mello-Roos Act requires that for any annexations into the CFD an election be held on the question of whether the proposed special taxes should be levied. The election requires a two-thirds vote in favor of levying the special tax. The landowners filed waivers with respect to the conduct of the election pursuant to Government Code Sections 53326(a) and 53327(b), meaning that the time limits and procedural requirements for conducting an election under the Mello-Roos Act do not have to be followed. Accordingly, City staff has already mailed the election ballots to the landowners and required the ballots to be returned by the close of the public hearing.

If the Mayor and City Council adopt Resolution No. 2025-___, it may immediately proceed to the opening of the ballots and adopt Resolution No. 2025-___ declaring the results of the election.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No 1. Improved Operational & Financial Capacity and Key Target No. 4: Economic Growth & Development. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
The individual property owners in the CFD will be responsible for annual payments of special taxes. It is estimated, upon full completion of the development, there will be an annual collection of special tax revenues of approximately $10,562 to be used to pay for maintenance costs within the development. All costs associated with annexation into the CFD have been borne by the Developer.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Hold a Public Hearing; and

2. Adopt Resolution No. 2025-382 of the Mayor and City Council of the City of San Bernardino, California, calling an election to submit to the qualified electors the

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question of levying a special tax within the area proposed to be annexed to Community Facilities District No. 2019-1 (Maintenance Services) (Annexation No. 51); and

3. Hold a special landowner election and canvass the election; and

6. Schedule the adoption of Ordinance No. MC-1655 for November 19, 2025.

Attachments
Attachment 1 - Resolution No. 2025-382- Resolution Calling Election Attachment 2 - Exhibit A Description of Territory
Attachment 3 - Exhibit B Rate and Method of Apportionment Attachment 4 - Exhibit C Special Election Ballot
Attachment 5 - Exhibit D Full Text of Proposition
Attachment 6 - Resolution No. 2025-383 - Resolution Declaring Election Results Attachment 7 - Exhibit A Certificate of Election Results Attachment 8 - Ordinance No. MC-1655
Attachment 9 - Exhibit A Description of Services
Attachment 10 - Exhibit B Parcel List
Attachment 11 – Signed Petition and Waiver
Attachment 12 - PowerPoint Presentation
Attachment 13 - Project Map
Attachment 14 – Proof of Publication Notice of Public Hearing – CFD 2019-1 Annex 51 Ward:

Sixth Ward
Synopsis of Previous Council Actions:

June 5, 2019 Mayor and City Council adopted Resolution No. 2019-81, a Resolution of Intention to form Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982.” July 17, 2019 Resolution No. 2019-178 was adopted establishing Community

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Facilities District No. 2019-1; Resolution No. 2019-179 was adopted declaring election results for Community Facilities District No. 2019-1; and first reading of Ordinance No.

MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

August 7, 2019 Final reading of Ordinance No. MC-1522 levying special taxes to be collected during FY 2019-20 to pay annual costs of maintenance, services and expenses with respect to Community Facilities District No. 2019-1.

September 17, 2025 Mayor and City Council adopted Resolution No. 2025-368, a Resolution of Intention to annex territory into Community Facilities District No. 2019-1 (Maintenance Services) of the City of San Bernardino (the “Resolution of Intention”), pursuant to the provisions of the “Mello-Roos Community Facilities Act of 1982”.

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Resolution No. 2025-382
Resolution No. 2025-382
November 5, 2025

Page 1 of 6 ends

RESOLUTION NO. 2025-382

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

CALLING AN ELECTION TO SUBMIT TO THE

QUALIFIED ELECTORS THE QUESTION OF LEVYING A

SPECIAL TAX WITHIN THE AREA PROPOSED TO BE
ANNEXED TO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES) (ANNEXATION NO.
51)

WHEREAS, the Mayor and City Council (the “City Council”) of the City of San Bernardino (the “City”), adopted its Resolution No. 2019- 081, (the “Resolution of Intention”) (i) declaring its intention to establish Community Facilities District No. 2019 -1 (Maintenance Services) (the “CFD No. 2019-1”) pursuant to the Mello-Roos Community Facilities Act of 1982 (the “Act”), commencing with Secti on 53311 of the California Government Code (the “Government Code”), (ii) proposing to levy a special taxes within CFD No. 2019- 1 pursuant to the terms of the Act to fund the cost of providing maintenance services (the “Services”) described in Exhibit B of the Resolution of Intention, and
WHEREAS, the City Council set a public hearing for July 17, 2019 after which the Council adopted Resolution No. 2019- 178 forming the CFD No. 2019 -1 and calling a special election at which the questions of levying a special tax and establishing an appropriations limit with respect to the CFD No. 2019- 1 were submitted to the qualified electors within the CFD No. 2019-1; and
WHEREAS, on July 17, 2019, the City Council adopted Resolution No. 2019- 179 declaring the results of the special election and finding that more than two-thirds (2/3) of all votes cast at the special election were cast in favor of the proposition presented, and such proposition passed; and
WHEREAS, the City Council is authorized by Article 3.5 (commencing with Section 53339) of Chapter 2.5 of Part 1 of Division 2 of Title 5 of the Government Code as amended (the "Act"), to annex territory into an existing community facilities district by complying w ith the procedures set forth in said Article 3.5; and
WHEREAS, the City Council on September 17, 2025 duly adopted Resolution No. 2025- 368 (the “Resolution of Intention”) declaring its intention to annex certain territory to CFD No. 2019-1 (Maintenance Services) and to levy a special tax within that territory to pay for certain services and setting a time and place for the public hearing on t he proposed annexation for November 5, 2025; and
WHEREAS, the territory proposed to be annexed is identified in a map entitled "Annexation Map No. 51 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on September 18, 2025, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 60, in the office of the San Bernardino County Recorder; and

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Resolution No. 2025-382
Resolution No. 2025-382
November 5, 2025

Page 2 of 6 ends

WHEREAS, pursuant to the Act and the Resolution of Intention, a noticed public hearing was convened by the City Council on November 5, 2025, not earlier than the hour of 5:00 p.m. at the Bing Wong Auditorium of the Norman F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410, relative to the proposed annexation of said territory to CFD No. 2019-1. At the hearing, the testimony of all interested persons for or against the annexation of the territory or the levying of the special taxes will be heard. If and to the extent participation in the November 5, 2025 meeting must occur by teleconference, videoconference, or other electronic means authorized by the Ralph M. Brown Act or an Executive Order of the Governor of California, the means and methods for participating the meeting shall be posted on the Agenda for said meeting, which shall be posted at least 72 hours prior to the meeting on the City of San Bernardino (www.sbcity.org), and outside of the Bing Wong Auditorium of the Norma n F. Feldheym Public Library at 555 W. 6th Street, San Bernardino, California, 92410. A copy of the Agenda will be made available upon request to the San Bernardino City Clerk's office at 909-384-5002; and WHEREAS, written protests have not been filed by fifty percent (50%) or more of the registered voters residing within the CFD No 2019- 1, or by fifty percent (50%) or more of the registered voters residing within the territory to be annexed, or by the owners of one-half (1/2) or more of the area within the CFD No. 2019 -1, or by the owners of one -half (1/2) or more of the territory to be annexed; and
WHEREAS, the Mayor and City Council has determined that there are fewer than twelve registered voters residing in the territory proposed to be annexed to the CFD No. 2019- 1 and that the qualified electors in such territory are the landowners; and WHEREAS, on the basis of all of the foregoing, the City Council has determined at this time to call an election to authorize the annexation of territory to the CFD No. 2019- 1 and the levying of a special tax as described in Exhibit A hereto; and WHEREAS, the City Council has received a written instrument from each landowner in the territory proposed to be annexed to the CFD No. 2019- 1 consenting to the shortening of election time requirements, waiving analysis and arguments, waiving all notice requirements, and waiving word limit requirements for the ballot relating to the conduct of the election; and WHEREAS, the City Clerk has concurred in the election date set forth herein.

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

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

SECTION 2. Conformation of Finding in Resolution of Intention. The City Council reconfirms all of its findings and determinations as set forth in the Resolution of Intention.

SECTION 3. Findings Regarding Protests. The City Council finds and determines that written protests to the proposed annexation of territory to the CFD No. 2019-1 and the levy of the

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Resolution No. 2025-382
November 5, 2025

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special tax within such territory are insufficient in number and in amount under the Act, and the City Council hereby further orders and determines that all such protests are hereby overruled.

SECTION 4. Findings Regarding Prior Proceedings. The City Council finds and determines that all prior proceedings had and taken by the City Council , with respect to the annexation of territory to CFD No. 2019- 1, are valid and in conformity with the requirements of the Act.

SECTION 5. Levy of Special Tax. As stated in the Resolution of Intention, except where funds are otherwise available, subject to the approval of the qualified electors of territory proposed to be annexed to CFD No. 2019-1, a special tax sufficient to pay the costs of the Services (including incidental expenses as described in the Resolution of Intention), secured by recordation of a continuing lien against all nonexempt real property in CFD No. 2019-1, will be levied annually in CFD No. 2019-1. The rate and method of apportionment, and manner of collection of the special tax are specified in Exhibit B hereto.

SECTION 6. Apportionment of Tax. The special tax as apportioned to each parcel is based on the cost of making the Services available to each parcel, or other reasonable basis, and is not based on or upon the ownership of real property.

SECTION 7. Tax Roll Preparation. The office of the Public Works Director, 201 North “E” Street, San Bernardino, California 92410, is hereby designated as the office that will be responsible for annually preparing a current roll of special tax levy obligations by assessor’s parcel number and that will be responsible for estimating future special tax levies pursuant to Government Code section 53340.2. The Public Works Director may cause these functions to be performed by his or her deputies, assistants, or other designated agents.

SECTION 8. Accountability Measures. Pursuant to Section 50075.1 of the California Government Code, the City shall create a separate account into which tax proceeds will be deposited; and the Public Works Director annually shall file a report with the City Council t hat will state (a) the amount of funds collected and expended and (b) the status of the Services financed in CFD No. 2019-1.

SECTION 9. Special Election; Voting Procedures. The City Council hereby submits the questions of levying the special tax within the territory proposed to be annexed to the qualified electors, in accordance with and subject to the Act. The special election shall be held on November 5, 2025, and shall be conducted as follows:
(a) Qualified Electors. The City Council hereby determines that the Services are necessary to meet increased demands placed upon the City as a result of development occurring within the boundaries of CFD No. 2019 -1. Because fewer than twelve registered v oters resided within the territory proposed to be annexed to CFD No. 2019- 1 on September 29, 2025 (a date within the 90 days preceding the close of the public hearing on the territory proposed to be annexed to CFD No. 2019-1), the qualified electors shall be the landowners within territory proposed to be annexed, and each landowner who was the owner of record at the close of the hearing shall have one vote for each acre or portion of an acre of land that such landowner owns within the territory proposed to be annexed to CFD No. 2019-1.

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November 5, 2025

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(b) Consolidation of Elections; Combination of Propositions on Ballot. The election on the question of levying the special tax and establishing an appropriations limit for CFD No. 2019-1 shall be consolidated, and the two proportions shall be combined int o a single ballot proposition for submission to the voters, as authorized by Government Code Section 53353.5. (c) Mail Ballot Election. Pursuant to Government Code section 53327.5, the election shall be conducted as a mail ballot election. The City Council hereby ratifies the City Clerk’s delivery of a ballot to each landowner within the territory proposed to be annexed to CFD No. 2019-1. The City Council hereby ratifies the form of the ballot, which is attached hereto as Exhibit C. The full text of the ballot for said elections shall be set forth in Exhibit D and shall be included in the ballot pamphlet mailed to each qualified elector. (d) Return of Ballots. The City Clerk shall accept the ballots of the landowners up to 5:00 p.m. on November 5, 2025. The City Clerk shall have available ballots that may be marked at the City Clerk’s office on the election day by voters. Once all qualified electors have voted, the City Clerk may close the election.
(e) Canvass of Election. The City Clerk shall commence the canvass of the returns of the special election as soon as the election is closed (on November 5, 2025, or when all qualified electors have voted) at the City Clerk’s office. At the conclusion of the canvass, the City Clerk shall declare the results of the election.
(f) Declaration of Results. The City Council shall declare the results of the special election following the completion of the canvass of the returns and shall cause to be inserted into its minutes a statement of the results of the special election as asc ertained by the canvass of the returns.

SECTION 10. Filing of Resolution and Map with City Clerk. The City Council hereby directs the City Clerk to file a copy of this resolution and the annexation map of the boundaries of CFD No. 2019-1 in her office.

SECTION 11. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 12. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 13. Effective Date. This Resolution shall become effective immediately.

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APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5th day of November 2025.

Helen Tran, Mayor
City of San Bernardino

Attest:

Telicia Lopez, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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November 5, 2025

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-382, adopted at a regular meeting held on the 5th day of November 2025 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2025.

Telicia Lopez, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF PROPOSED TERRITORY TO BE ANNEXED
The City of San Bernardino Community Facilities District No. 2019 -1 (Maintenance Services) (the “CFD No. 2019-1”) Annexation No. 51 is currently comprised of one (1) parcel, located within the City boundaries. The property is identified by the following San Bernardino County Assessor's Parcel Number (APNs).

APNs Owner Name
0262-051-43 LPC Arrowhead Area I, LP

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EXHIBIT B
City of San Bernardino 1
Community Facilities District No. 2019-1 (Maintenance Services)

RATE AND METHOD OF APPORTIONMENT OF SPECIAL TAX FOR
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

OF THE CITY OF SAN BERNARDINO

A Special Tax (the “Special Tax”) shall be levied on and collected from each Assessor’s Parcel (defined below) in Community Facilities District No. 2019-1 (Maintenance Services) (the “CFD No. 2019 -1” or “CFD”; defined below), in each Fiscal Year, (defined below), commencing in the Fiscal Year beginning July 1, 2019, in an amount determined by the City Council of the City of San Bernardino, acting in its capacity as the legislative body of CFD No. 2019 -1, by applying the rate and method of apportionment set forth below. All of the real property in CFD No. 2019-1, unless exempted by law or by the provisions herein, shall be taxed to the extent and in the manner provided herein.

A. DEFINITIONS

“Acre” or “Acreage” means the land area of an Assessor’s Parcel as shown on any Assessor’s Parcel Map, or if the land area is not shown on the Assessor’s Parcel Map, the land area as shown on the applicable Final Map, or if the area is not shown on the applicable Final Map, t he land area shall be calculated by the Administrator.

“Administrative Expenses” means the actual or reasonably estimated costs directly related to the formation, annexation, and administration of CFD No. 2019-1 including, but not limited to: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs to the City, CFD No. 2019-1, or any designee thereof associated with fulfilling the CFD No. 2019-1 disclosure requirements; the costs associated with responding to public inqui ries regarding the Special Tax es; the costs of the City, CFD No. 2019-1 or any designee thereof related to an appeal of the Special Tax; and the City's annual administration fees including payment of a proportional share of salaries and benefits of any City employees and City overhead whose duties are related to the administration and third party expenses. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 2019 -1 for any other administrative purposes of CFD No. 2019-1, including attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes.

“Administrator” means the City Manager of the City of San Bernardino, or his or her designee.

“Approved Property” means all Assessor’s Parcels of Taxable Property that are included in a Final Map that was recorded prior to the March 1 preceding the Fiscal Year in which the Special Tax is being levied, and that have not been issued a building permit on or prior to the June 1 preceding the Fiscal year in which the special tax is being levied.

“Assessor’s Parcel” means a lot or parcel of land that is identifiable by an Assessor’s Parcel Number by the County Assessor of the County of San Bernardino.

“Assessor’s Parcel Map” means an official map of the Assessor of the County designating parcels by Assessor’s Parcel Number.

“Assessor’s Parcel Number” means that identification number assigned to a parcel by the County Assessor of the County.

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City of San Bernardino 2
Community Facilities District No. 2019-1 (Maintenance Services) “Building Square Footage” or “BSF” means the floor area square footage reflected on the original construction building permit issued for construction of a building of Non-Residential Property and any Building Square Footage subsequently added to a building of such Taxable Property after issuance of a building permit for expansion or renovation of such building.

“Calendar Year” means the period commencing January 1 of any year and ending the following December 31.

“CFD” or “CFD No. 2019-1” means the City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services).

“City” means the City of San Bernardino.

“Contingent Special Tax B Requirement” means that amount required in any Fiscal Year, if the P OA is unable to maintain the Service(s) to: (i) pay the costs of Services incurred or otherwise payable in the Calendar Year commencing in such Fiscal Year; (ii) fund an operating reserve for the costs of Services as determined by the Administrator; less a credit for funds available to reduce the annual Special Tax B (Contingent) levy as determined by the Administrator.

“County” means the County of San Bernardino.

“Developed Property” means all Assessor’s Parcels of Taxable Property for which a building permit for new construction has been issued on or prior to June 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Exempt Property” means all Assessors’ Parcels designated as being exempt from the Special Tax as provided for in Section G.

“Final Map” means a subdivision of property by recordation of a final map, parcel map, or lot line adjustment, pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352 that creates individual lots for which building permits may be issued without further subdivision.

“Fiscal Year” means the period from and including July 1 st of any year to and including the following
June 30th.

“Land Use Category” or “LUC” means any of the categories contained in Section B hereof to which an Assessor’s Parcel is assigned consistent with the land use approvals that have been received or proposed for the Assessor’s Parcel as of June 1 preceding the Fiscal Year in which the Special Tax is being levied.

“Maximum Special Tax ” means either Maximum Special Tax A and/ or Maximum Special Tax B (Contingent), as applicable.

“Maximum Special Tax A” means the Maximum Special Tax A, as determin ed in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

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City of San Bernardino 3
Community Facilities District No. 2019-1 (Maintenance Services) “Maximum Special Tax B (Contingent) ” means the Maximum Special Tax B (Contingent) , as determined in accordance with Section C below that can be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property within CFD No. 2019-1.

“Multi-Family Residential Property” means any Assessor’s Parcel of residential property that consists of a building or buildings comprised of attached Residential Units sharing at least one common wall with another unit.

“Non-Residential Property” or “NR” means all Assessor's Parcels of Taxable Property for which a building permit(s) was issued for a non -residential use. The Administrator shall make the determination if an Assessor’s Parcel is Non-Residential Property.

“Property Owner’s Association” or “POA” means the property owner’s association or homeowner’s association established to maintain certain landscaping within a Tax Zone.

“Proportionately” means for Taxable Property that is: (i) Developed Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Developed Property with the same Tax Zone, (ii) Approved Property, that the ratio of the actual Special Tax levy to the Maximum Special Tax is the same for all Parcels of Approved Property with the same Tax Zone , and (iii) Undeveloped Property that the ratio of the actual Special Tax levy per acre to the Maximum Special Tax per acre is the same for all Parcels of Undeveloped Property with the same Tax Zone.

“Residential Unit” or "RU" means a residential unit that is used or intended to be used as a domicile by one or more persons, as determined by the Administrator.

“Residential Property” means all Assessor’s Parcels of Taxable Property upon which completed Residential Units have been constructed or for which building permits have been or may be issued for purposes of constructing one or more Residential Units.

“Service(s)” means services permitted under the Mello -Roos Community Facilities Act of 1982 including, without limitation, those services authorized to be funded by CFD No. 201 9-1 as set forth in the documents adopted by the City Council at the time the CFD was formed.

“Single Family Residential Property” means any residential property other than Multi-Family Residential Property on an Assessor’s Parcel.

“Special Tax(es)” means the Special Tax A and/or Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property.

“Special Tax A” means the annual special tax to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Special Tax A Requirement.

"Special Tax A Requirement" means for each Tax Zone, that amount to be collected in any Fiscal Year to pay for certain costs as required to meet the needs for such Tax Zone of CFD No. 2019 -1 in both the current Fiscal Year and the next Fiscal Year. The costs to be covered shall be the direct costs for maintenance services including but not limited to (i) maintenance and lighting of parks, parkways, streets, roads and open space, (ii) maintenance and operation of water quality improvements, (iii) public street sweeping, (iv) fund an operating reserve for the costs of Services as determined by the Administrator, and (v) Administrative Expenses. Under no circu mstances shall the Special Tax A Requirement include funds for Bonds.

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City of San Bernardino 4
Community Facilities District No. 2019-1 (Maintenance Services) “Special Tax B (Contingent)” means the Special Tax B (Contingent) to be levied in each Fiscal Year on each Assessor’s Parcel of Taxable Property to fund the Contingent Special Tax B Requirement, if required.

"Taxable Property" means all Assessor’s Parcels within CFD No. 2019-1, which are not Exempt Property.

“Taxable Unit” means a Residential Unit, Building Square Footage, or an Acre. "Tax Zone" means a mutually exclusive geographic area, within which particular Special Tax rates may be levied pursuant to this Rate and Method of Apportionment of Special Tax. Appendix C identifies the Tax Zone in CFD No. 2019-1 at formation; additional Tax Zones may be created when property is annexed into the CFD.

"Tax Zone 1" means the specific geographic area identified on the CFD Boundary Map as Tax Zone 1.

"Tract(s)" means an area of land; i) within a subdivision identified by a particular tract number on a Final Map, ii) identified within a Parcel Map; or iii) identified within lot line adjustment approved for subdivision.

“Undeveloped Property” means, for each Fiscal Year, all Taxable Property not classified as Developed Property or Approved Property.

B. ASSIGNMENT TO LAND USE CATEGORIES
For each Fiscal Year, all Assessor’s Parcels of Taxable Property within CFD No. 2019-1 shall be classified as Developed Property, Approved Property, or Undeveloped Property, and shall be subject to the levy of Special Taxes as determined pursuant to Sections C and D below. Assessor’s Parcels of Developed Property and Approved Property shall be classified as either Residential Property or Non-Residential Property. Residential Property shall be further classified as Single Family Residential Property or Multi-Family Residential Property and the number of Residential Units shall be determined by the Administrator.

C. MAXIMUM SPECIAL TAX RATES
For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Residential Property, all such Assessor’s Parcels shall be assigned the number of Residential Unit(s) constructed or to be constructed thereon as specified in or sh own on the building permit(s) issued or Final Map as determined by the Administrator. For Parcels of undeveloped property zoned for development of single family attached or multi- family units, the number of Residential Units shall be determined by referencing the condominium plan, apartment plan, site plan or other development plan, or by assigning the maximum allowable units permitted based on the underlying zoning for the Parcel. Once a single family attached or multi- family building or buildings have been built on an Assessor's Parcel, the Administrator shall determine the actual number of Residential Units contained within the building or buildings, and the Special Tax A levied against the Parcel in the next Fiscal Year shall be calculated by multiplying the actual number of Residential Un its by the Maximum Special Tax per Residential Unit identified for the Tract below or as included in Appendix A as each Annexation occurs.

For purposes of determining the applicable Maximum Special Tax for Assessor’s Parcels of Developed Property and Approved Property which are classified as Non-Residential Property, all such Assessor’s

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City of San Bernardino 5
Community Facilities District No. 2019-1 (Maintenance Services) Parcels shall be assigned the number of Building Square Footage or Acres as shown on the Final Map as determined by the Administrator. Once the Administrator determines the actual number of Building Square Footage or Acres for the Assessor’s Parcels, the Special Tax A levied against the Assessor’s Parcel in the next Fiscal Year shall be calculated by multiplying the number of Building Square Footage or Acres by the Maximum Special Tax per Taxable Unit identified for the Tax Zone below or as included in Appendix A as each Annexation occurs.

1. Special Tax A
a. Developed Property
(i) Maximum Special Tax A
The Maximum Special Tax A for each Assessor’s Parcel of Developed Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zones annexed and included in Appendix A. The Maximum Special Tax A for Developed Property for Fiscal Year 2019-2020 within Tax Zone 1 is identified in Table 1 below:

TABLE 1

MAXIMUM SPECIAL TAX A RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential Property RU $961

(ii) Increase in the Maximum Special Tax A
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax A that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax A that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea ge designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax A for each Assessor’s Parcel of Approved Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Approved property Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 2 below:

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City of San Bernardino 6
Community Facilities District No. 2019-1 (Maintenance Services) TABLE 2

MAXIMUM SPECIAL TAX A RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum
Special Tax A
1 TR 17170 Single Family Residential RU $961

On each July 1, commencing on July 1, 20 20 the Maximum Special Tax A for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax A for each Assessor’s Parcel of Undeveloped Property shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax A for the Tax Zone annexed and included in Appendix A. The Maximum Special Tax A for Undeveloped Property for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 3 below:

TABLE 3

MAXIMUM SPECIAL TAX A RATES

UNDEVELOPED PROPERTY

Tax Zone Tracts Taxable Unit Maximum Special Tax A
1 TR 17170 Acre $4,338

On each July 1, commencing on July 1, 2020 the Maximum Special Tax A for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

2. Special Tax B (Contingent)
The City Council shall levy Special Tax B (Contingent) only in the event the POA defaults in its obligation to maintain the Contingent Services, which default shall be deemed to have occurred, as determined by the Administrator, in each of the following circumstances:

(a) The POA files for bankruptcy;
(b) The POA is dissolved;
(c) The POA ceases to levy annual assessments for the Contingent Services; or (d) The POA fails to provide the Contingent Services at the same level as the City provides similar services and maintains similar improvements throughout the City and within ninety (90) days after written notice from the City, or such longer period permitted by the City Manager, fails to remedy the deficiency to the reasonable satisfaction of the City Council.

a. Developed Property

(i) Maximum Special Tax B (Contingent)

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City of San Bernardino 7
Community Facilities District No. 2019-1 (Maintenance Services) The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 4 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for each Tax Zones annexed and included in Appendix A. The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within Tax Zone 1 is identified in Table 4 below:

TABLE 4

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

DEVELOPED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

(ii) Increase in the Maximum Special Tax B (Contingent) On each July 1, commencing on July 1, 20 20 the Maximum Special Tax B (Contingent) for Developed Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

(iii) Multiple Land Use Categories
In some instances an Assessor's Parcel of Developed Property may contain more than one Land Use Cate gory. The Maximum Special Tax B (Contingent) that can be levied on an Assessor's Parcel shall be the sum of the Maximum Special Tax B (Contingent) that can be levied for each Land Use Category located on that Assessor's Parcel. For an Assessor's Parcel that contains more than one land use, the Acreage of such Assessor's Parcel shall be allocated to each type of property based on the amount of Acrea ge designated for each land use as determined by reference to the site plan approved for such Assessor's Parcel. The Administrator's allocation to each type of property shall be final.

b. Approved Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 5 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 5 below:

TABLE 5

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

APPROVED PROPERTY

Tax
Zone Tract Land Use Category
Taxable
Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Single Family Residential Property RU $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Approved Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for

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City of San Bernardino 8
Community Facilities District No. 2019-1 (Maintenance Services) Los Angeles - Riverside - Orange County (1982 -84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

c. Undeveloped Property
The Maximum Special Tax B (Contingent) for each Assessor’s Parcel of Taxable Property is shown in Table 6 and shall be specific to each Tax Zone within the CFD. When additional property is annexed into CFD No. 2019-1, the rate and method adopted for the annexed property shall reflect the Maximum Special Tax B (Contingent) for the Tax Zone annexed and included in Appendix A.

The Maximum Special Tax B (Contingent) for Fiscal Year 2019-20 within the Tax Zone is identified in Table 6 below:

TABLE 6

MAXIMUM SPECIAL TAX B (CONTINGENT) RATES

UNDEVELOPED PROPERTY

Tax Zone
Tracts Taxable Unit
Maximum Special
Tax B (Contingent)
1 TR 17170 Acre $0

On each July 1, commencing on July 1, 2020 the Maximum Special Tax B (Contingent) for Undeveloped Property shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

D. METHOD OF APPORTIONMENT OF ANNUAL SPECIAL TAX

1. Special Tax A
Commencing with Fiscal Year 2019-20 and for each following Fiscal Year, the Council shall determine the Special Tax A Requirement and shall levy the Special Tax A on all Assessor’s Parcels of Taxable Property until the aggregate amount of Special Tax A equals the Special Tax A Requirement for each Tax Zone. The Special Tax A shall be levied for each Fiscal Year as follows:

First: The Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Developed Property within each Tax Zone up to 100% of the applicable Maximum Special Tax to satisfy the Special Tax A Requirement for such Tax Zone;

Second: If additional moneys are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first step has been completed, the Special Tax A shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax A for Approved Property;

Third: If additional monies are needed to satisfy the Special Tax A Requirement for a Tax Zone after the first two steps has b een completed, the Special Tax A shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax A for Undeveloped Property.

2. Special Tax B (Contingent)
Commencing with Fiscal Year in which Special Tax B (Contingent) is authorized to be levied and for each following Fiscal Year, the City Council shall determine the Contingent Special Tax B (Contingent) Requirement for each Tax Zone, if any, and shall levy the Special Tax on all Assessor’s Parcels of

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City of San Bernardino 9
Community Facilities District No. 2019-1 (Maintenance Services) Taxable Property within such Tax Zone until the aggregate amount of Special Tax B (Contingent) equals the Special Tax B ( Contingent) Requirement for such Tax Zone. The Special Tax B (Contingent) Shall be levied for each Fiscal Year as follows:

First: The S pecial Tax shall be levied Proportionately on all Assessor’s Parcels of Developed Property for a Tax Zone up to 100% of the applicable Maximum Special Tax B (Contingent) to satisfy the Contingent Special Tax B Requirement;

Second: If additional moneys are needed to satisfy the Contingent Special Tax B Requirement after the first step has been completed, the Special Tax B (Contingent) shall be levied Proportionately on each Parcel of Approved Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Approved Property;

Third: If additional monies are needed to satisfy the Contingent Special Tax B Requirement after the first two steps has been completed, the Special Tax B (Contingent) shall be levied Proportionately on all Assessor’s Parcels of Undeveloped Property within such Tax Zone up to 100% of the Maximum Special Tax B (Contingent) for Undeveloped Property.

E. FUTURE ANNEXATIONS
It is anticipated that additional properties will be annexed to CFD No. 2019-1 from time to time. As each annexation is proposed, an analysis will be prepared to determine the annual cost for providing Services. Based on this analysis, the property to be annexed, pursuant to California Government Code section 53339 et seq. will be assigned to the appropriate Maximum Special Tax rate for the Tax Zone when annexed and included in Appendix A.

F. DURATION OF SPECIAL TAX
For each Fiscal Year, the Special Tax A shall be levied as long as the Services are being provided.

For each Fiscal Year, the Special Tax B (Contingent) shall be levied as long as the Contingent Services are being provided.

G. EXEMPTIONS
The City shall classify as Exempt Property within CFD No. 2019-1, any Assessor’s Parcels; (i) which are owned by, irrevocably offered for dedication, encumbered by or restricted in use by any public entity; (ii) with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; (iii) which are privately owned but are encumbered by or restricted solely for public uses; or (iv) which is in use in the performance of a public function as determined by th e Administrator.

H. APPEALS
Any property owner claiming that the amount or application of the Special Taxes are not correct may file a written notice of appeal with the City not later than twelve months after having paid the first installment of the Special Tax that is disputed. A representative(s) of CFD No. 201 9-1 shall promptly review the appeal, and if necessary, meet with the property owner, consider written and oral evidence regarding the amount of the Special Tax, and rule on the appeal. If the representative’s decision requires that the Special Tax for an Assessor’s Parcel be modified or changed in favor of the property owner, a cash refund shall not be made, but an adjustment shall be made to the Special Tax on that Assessor’s Parcel in the subsequent Fiscal Year(s).

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City of San Bernardino 10
Community Facilities District No. 2019-1 (Maintenance Services)

I. MANNER OF COLLECTION
The Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes, provided, however, that CFD No. 2019-1 may collect the Special Tax at a different time or in a different manner if necessary to meet its financial obligations.

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City of San Bernardino 11
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

COST ESTIMATE

Special Tax A Services - The estimate breaks down the costs of providing one year's maintenance services for Fiscal Year 2025-26. These services are being funded by the levy of Special Tax A for Community Facilities District No. 2019-1.

TAX ZONE 51
PM 19349

Item Description Estimated Cost
1 Landscaping $1,395
2 Lighting $1,231
3 Streets $4,991
4 Drainage $478
5 Reserves $1,217
6 Admin $1,250
Total $10,562

Special Tax B Contingent Services – There are no services being funded by the levy of Special Tax B (Contingent) for Community Facilities District No. 2019 -1. However, additional Tax Zones may have Special Tax B Contingent Services being provided.

TAX ZONE 51
FY 2025-26 MAXIMUM SPECIAL TAX RATES

DEVELOPED PROPERTY AND APPROVED PROPERTY

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Non-Residential Property Acre $646 $0

TAX ZONE 51
FY 2025-26 MAXIMUM SPECIAL TAX RATES

UNDEVELOPED PROPERTY

Taxable
Unit
Maximum
Special Tax A
Maximum
Special Tax B
Acre $646 $0

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City of San Bernardino 12
Community Facilities District No. 2019-1 (Maintenance Services)

TAX ZONE SUMMARY

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
Original 1 17170 2019-20 $961 / RU $0 / RU Santiago Communities, Inc. 1 2 17329 2019-20 $473 / RU $0 / RU JEC Enterprises, Inc. 2 3 PM 19814 2020-21 $608 / Acre $0 / Acre GWS #4 Development, LLC 3 4 0266-041-39 2019-20 $1,136 / Acre $0 / Acre Devore Storage Facility, LLC 4 5 TR 20006 2020-21 $344 / RU $57 / RU TH Rancho Palma, LLC 5 6 PM 19701 2020-21 $1,895 / Acre $528 / Acre Strata Palma, LLC 6 7 PM 20112 2020-21 $3,197 / Acre $0 / Acre San Bernardino Medical Center LLC 7 8 TR 20293 2021-22 $2,913 / Acre $334 / Acre ICO Fund VI, LLC 8 9 LM 2019-021 2021-22 $815 / Acre $232 / Acre TR 2600 Cajon Industrial LLC 9 10 TR 20189 2021-22 $490 / Acre $154 / Acre Central Commerce Center, LLC 10 11 LD 1900086 2021-22 $1,472 / Acre $0 / Acre Lankershim Industrial, LLC 11 12 TR 20305 2022-23 $175 / Acre $0 / Acre Prologis, LP 12 13 LLA 2020-004 2022-23 $1,169 / Acre $0 / Acre Dreamland Real Estate Holdings 13 14 TR 5907 2022-23 $2,268 / Acre $0 / Acre Magic Laundry Services, Inc. 14 15 0136-191-21 2022-23 $5,277 / Acre $0 / Acre Ahmad Family Trust 15 16 TR 20216 2022-23 $7,089 / Acre $0 / Acre Gateway SB, LLC 16 17 TR 20145 2022-23 $646 / RU $0 / RU RCH-CWI Belmont, LP 17 18 CUP 20-07 2022-23 $7,433 / Acre $0 / Acre George A. Pearson 18 19 TR 20258 2022-23 $588 / RU $0 / RU RGC Family Trust 19 20 LM 21-10 2022-23 $5,284 / Acre $0 / Acre 170 East 40th Street, LLC 20 21 LM 22-04 2022-23 $6,397 / Acre $0 / Acre 108 Highland, LP 21 22 LM 2021-013 2022-23 $807 / Acre $0 / Acre SBABP IV, LLC 22 23 TR 4592 2022-23 $847 / Acre $320 / Acre 1300 E Highland Ave LLC 23 24 LLA 2020-005 2022-23 $1,385 / Acre $978 / Acre Vone SB, LLC 24 25 TR 20494 2022-23 $174 / RU $17 / RU PI Properties, LLC 25 26 TR 20495 2022-23 $204 / RU $45 / RU Pacific West Company, et al. 26 To Be Determined
27 28 PM 20320 2022-23 $1,851 / Acre $292 / Acre SB Drake Central Avenue LLC 28 29 TR 17329 2023-24 $595 / RU $0 / RU Verdemont Ranch 20, LLC 29 30 LL 2022-11 2022-23 $922 / Acre $372 / Acre CIVF VI – CA1W01, LLC 30 31 PM 20143 2022-23 $2,957 / Acre $1,855 /

California Cajun Properties LLC
31 32 PM 20334 2023-24 $358 / Acre $94 / Acre Elliott Precision Block Co. 32 33 PM 3613,
4230 & 4250 2022-23 $1,094 / Acre $186 / Acre S.B. Universal Self Storage LLC 33 34 PM 20392 2023-24 $2,785 / Acre $158 / Acre GWS#7 Development, LLC 34 35 CUP 21-16 2023-24 $533 / Acre $193 / Acre MLG SB Land LLC & Grandfather’s Land Holdings LLC
35 36 CUP 22-03 2023-24 $6,648 / Acre $0 / Acre SimonCRE JC Saguaro III, LLC 36 37 LM 2022-007 2023-24 $1,261 / Acre $0 / Acre DP Industrial Parkway LLC 37 38 TR 18895 2023-24 $706 / RU $0 / Acre MV RE Holdings LLC 38 39 LLA 2023-008 2023-24 $3,081 / Acre $0 / Acre In-N-Out Burgers, a California Corporation
39 40 LM 2022-19 2023-24 $473 / Acre $0 / Acre PME Oakmont Tippecanoe LP 40 41 LLA 2023-010 2023-24 $2,132 / Acre $0 / Acre Shandon Hills Plaza LLC 41 42 PM 20216 2023-24 $7,925 / Acre $0 / Acre Inland Maple Partners LLC

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City of San Bernardino 13
Community Facilities District No. 2019-1 (Maintenance Services)

Annexation
Tax
Zone
Tract
APN
Fiscal
Year
Maximum
Special Tax A
Maximum
Special Tax B

Subdivider
43 43 PM 20527 2023-24 $7,172 / Acre $0 / Acre Gateway SB LLC 44 44 PM 18704 2023-24 $1,672 / Acre $0 / Acre Paladin Equity SB LLC 45 45 PM 20412 2023-24 $1,826 / Acre $0 / Acre GWS #8 Development, LLC 46 46 To be determined
47 47 PM 17772 2024-25 $5,635 / Acre $0 / Acre CVP Hospitality CA LLC 48 48 1199-671-13 2024-25 $247 / RU $0 / RU Piedmont Venture I, LLC 49 49 0141-252-08 2024-25 $2,185 / Acre $0 / Acre City of Riverside 50 50 CUP 23-06 2024-25 $17,827 / Acre $0 / Acre Gateway SB, LLC 51 51 PM 19349 2025-26 $646 / Acre $0 / Acre LPC Arrowhead Area I, LP

ESCALATION OF MAXIMUM SPECIAL TAXES
On each July 1, commencing on July 1, 20 20 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Los Angeles - Riverside - Orange County (1982-84 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater.

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City of San Bernardino 14
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX B

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

DESCRIPTION OF AUTHORIZED SERVICES

The services which may be funded with proceeds of the special tax of CFD No. 201 9-1, as provided by Section 53313 of the Act, will include all costs attributable to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other similar landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways, streets, roads and open space, which maintenance and lighting services may include, without limitation, furnishing of electrical power to street lights and traffic signals ; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation situated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal from and maintenance and repair of public structures situated on parks, parkways, streets, roads and open space; maintenance and repair of playground or recreation program equipment or facilities situated on any park; and

(b) maintenance and operation of water quality improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, an d similar facilities. Maintenance services may include but is not limited to the repair, removal or replacement of all or part of any of the water quality improvements, fossil fuel filters within the public right -of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appurtenant facilities, clearing of inlets and outlets; erosion repairs; and cleanup to improvements, and other items necessary for the maintenance, servicing; or both of the water quality basin i mprovements within flood control channel improvements; and

(c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential subdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1; and

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in the Rate and Method of Apportionment.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those provided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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City of San Bernardino 15
Community Facilities District No. 2019-1 (Maintenance Services)

APPENDIX C

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

PROPOSED BOUNDARIES AND POTENTIAL ANNEXATION AREA BOUNDARIES

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EXHIBIT C

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 51

(November 5, 2025)
This ballot is for the use of the authorized representative of the following owner of land within Community Facilities District No. 2019-1 (Maintenance Services) (“CFD No. 2019-1”) of the City of San Bernardino:

Name of Landowner Number of Acres Owned Total Votes
LPC Arrowhead Area I, LP 16.45 17

According to the provisions of the Mello-Roos Community Facilities Act of 1982, and resolutions of the City Council (the “Council”) of the City of San Bernardino (the “City”), the above- named landowner is entitled to cast the number of votes shown above under the heading “Total Votes,” representing the total votes for the property owned by said landowner. The City has sent the enclosed ballot to you so that you may vote on whether or not to approve the special tax.

This special tax ballot is for the use of the property owner of the parcels identified below, which parcels are located within the territory proposed to form the CFD No. 2019 -1, City of San Bernardino, County of San Bernardino, State of California. Please advise the City Clerk, at (909) 384-5002 if the name set forth below is incorrect or if you are no longer one of the owners of these parcels. This special tax ballot may be used to express either support for or opposition to the proposed special tax. To be counted, this special tax ballot must be signed below by the owner or, if the owner is not an individual, by an authorized representative of the owner. The ballot must then be delivered to the City Clerk, either by mail or in person, as follows:

Mail
Delivery: If by mail, place ballot in the return envelope provided, and mail no later than October 22, 2025, two calendar weeks prior to the date set for the election. Mailing later than this deadline creates the risk that the special tax ballot may not be received in time to be counted.

Personal
Delivery: If in person, deliver to the City Clerk at any time up to 5:00 p.m. on November 5, 2025, at the Clerk’s office at 201 N. “E” Street, Bldg A, City of San Bernardino, CA 92401.

However, delivered, this ballot must be received by the Clerk prior to the close of the public meeting on November 5, 2025.

Very truly yours,

Telicia Lopez, City Clerk

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TO CAST THIS BALLOT, PLEASE RETURN THIS ENTIRE PAGE.

OFFICIAL SPECIAL TAX BALLOT

Name & Address of Property Owner: Assessor’s Parcel Number(s):

LPC Arrowhead Area I, LP
Attn: Dennis Rice
191 North Wacker Drive, Suite 1700
Chicago, IL 60606
0262-051-43

CITY OF SAN BERNARDINO

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES)

AN “X” OR OTHER MARK WILL CAST ALL VOTES ASSIGNED TO THIS BALLOT

SPECIAL TAX BALLOT MEASURE MARK “YES” OR
“NO” WITH AN “X”:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rate set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $646
plus an annual increase on each July 1, commencing on July 1, 202 6 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside - San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater, to finance certain services within the territory identified on the map entitled “Annexation Map No. 51 of Community Facilities District No. 2019- 1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2025-368 adopted by the City Council of the City of San Bernardino on September 17 , 2025, and shall an appropriation limit be established for the Community Facilities District No. 2019-1 (Maintenance Services) in the amount of special taxes collected? YES _________

NO _________

Certification for Special Election Ballot

The undersigned is an authorized representative of the above- named landowner and is the person legally authorized and entitled to cast this ballot on behalf of the above-named landowner.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 20__.

Dennis Rice
Vice President

Signature

Print Name

Title

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EXHIBIT D

FULL TEXT OF PROPOSITION

SPECIAL ELECTION TO SUBMIT TO THE QUALIFIED ELECTORS THE QUESTION OF

LEVYING A SPECIAL TAX WITHIN THE AREA PROPOSED TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 2019 -1 (MAINTENANCE SERVICES) (ANNEXATION NO. 51)

November 5, 2025
SPECIAL TAX BALLOT MEASURE:

Shall the City Council of the City of San Bernardino be authorized to levy a special tax on an annual basis at the rates set forth in the following table:

Land Use
Category
Taxable
Unit
Maximum
Special Tax A
Non-Residential Property Acre $646

plus an annual increase o n each July 1, commencing on July 1, 2026 the Maximum Special Tax shall increase by i) the percentage increase in the Consumer Price Index (All Items) for Riverside – San Bernardino - Ontario (December 2017 = 100) since the beginning of the preceding Fiscal Year, or ii) by two percent (2.0%), whichever is greater , to finance certain services within the territory identified on the map entitled “Annexation Map No. 5 1 of Community Facilities District No. 2019- 1 (Maintenance Services) City of San Bernardino” including landscaping, lighting, streets, and drainage as provided in the Rate and Method of Apportionment (including incidental expenses) which is attached as Exhibit C to Resolution No. 2025-368 adopted by the City Council of the City of San Bernardino on September 17, 2025, and shall an appropriation limit be established for the Community Facilities No. 2019-1 (Maintenance Services) in the amount of special taxes collected?

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Resolution No. 2025-383
Resolution No. 2025-383
November 5, 2025

Page 1 of 3 ends

RESOLUTION NO. 2025-383

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA

DECLARING ELECTION RESULTS FOR COMMUNITY
FACILITIES DISTRICT NO. 2019 -1 (MAINTENANCE
SERVICES) (ANNEXATION NO. 51)

WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore conducted proceedings for the area proposed to be annexed to Community Facilities District No. 2019 -1 (Maintenance Services) (the "CFD No. 2019- 1") of the City of San Bernardino, including conducting a public hearing pursuant to Section 53339.5 of the Government Code; and
WHEREAS, at the conclusion of said public hearing, the Mayor and City Council adopted a Resolution No. 2025-382 calling a special election for November 5, 2025 and submitting to the qualified electors of the territory to be annexed to the CFD No. 2019- 1 the question of levying special taxes on parcels of taxable property therein for the purpose of providing certain services which are necessary to meet increased demands placed upon the City as a result of the development of said real property as provided in the form of special election ballot; and WHEREAS, a Certificate of Election Results, attached thereto as Exhibit A, dated November 5, 2025, executed by the City Clerk (or, in the absence of the City Clerk, the Acting City Clerk – in either case, the “Clerk”), has been filed with this Council, certifying that a completed ballot has been returned to the Clerk for each landowner-voter(s) eligible to cast a ballot in said special election, with all votes cast as “Yes” votes in favor of the ballot measure, and further certifying on said basis that the special mailed-ballot election was closed; and WHEREAS, this Council has received, reviewed and hereby accepts the Clerk’s Certificate of Election Results and wishes by this resolution to declare the results of the special mailed-ballot election.

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

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

SECTION 2. Ballot Measure. This Council hereby finds, determines and declares that the ballot measure submitted to the qualified electors of the territory to be annexed to CFD No. 2019-1 has been passed and approved by those qualified electors in accordance with Se ctions 53328 and 53329 of the Government Code.

SECTION 3. Annexation. This Council hereby finds, determines and declares that pursuant to Section 53339.8 of the Government Code, the Mayor and City Council is authorized to determine that the territory to be annexed has been added to and become a part of the CFD No. 2019-1 with full legal effect, and the Mayor and City Council is also authorized, pursuant to said

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Resolution No. 2025-383
Resolution No. 2025-383
November 5, 2025

Page 2 of 3 ends

Section 53339.8, to annually levy special taxes within the territory to be annexed to pay the costs of the services to be provided by the CFD No. 2019- 1 as specified in Resolution No. 2025- 368 adopted by the Mayor and City Council on September 17, 2025. The boundaries of the territory annexed are shown on the map entitled, "Annexation Map No. 51 Community Facilities District No. 2019-1 (Maintenance Services)" a copy of which was recorded, on September 18, 2025, in Book 92 of Maps of Assessment and Community Facilities Districts at Page 60, in the office of the San Bernardino County Recorder.

SECTION 4. Notice of Special Tax Lien. Pursuant to Section 53339.8 of the Government Code and Section 3117.5 of the Streets and Highways Code, the City Clerk shall cause to be filed with the County Recorder of the County of San Bernardino an amendment of the notice of special tax lien and a map of the amended boundaries of the CFD No. 2019- 1 including the annexed territory.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 5
th day of November 2025.

Helen Tran, Mayor
City of San Bernardino

Attest:

Telicia Lopez, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Resolution No. 2025-383
Resolution No. 2025-383
November 5, 2025

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2025-383, adopted at a regular meeting held on the 5th day of November 2025 by the following vote:

Telicia Lopez, CMC, City Clerk

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EXHIBIT A

CITY OF SAN BERNARDINO
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) ANNEXATION NO. 51

CERTIFICATE OF ELECTION RESULTS

I, the undersigned, being the City Clerk or the Acting City Clerk, as the case may be, hereby certify:

In connection with the special mailed-ballot election called by the City Council (the “City Council”) of the City of San Bernardino (the “City”) on this same date in the proceedings of the City Council for the annexation of territory to the above-entitled community facilities district, I personally received (a) a signed and dated waiver and consent form and (b) a signed, dated and marked election ballot (s) on behalf of the owner(s) listed below, the entity named as the sole landowner of the land within the boundary of the above-entitled community facilities district in the Certificate Regarding Registered Voters and Landowners, dated September 29, 2025, and on file in the office of the City Clerk of the City in connection with the City Council actions on that date.

Copies of the completed waiver and consent form and the completed ballot received by me and on file in my office are attached hereto.

Following such receipt, I have personally, and in the presence of all persons present, reviewed the ballot to confirm that it is properly marked and signed, and I hereby certify the result of that count to be that the ballot was cast in favor of the measure.

Based upon the foregoing, all votes that were cast having been cast “Yes”, in favor of the ballot measure, the measure has therefore passed.

Landowner
Qualified
Landowner Votes Votes Cast YES NO
LPC Arrowhead Area I, LP 17 17

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on ____________, 2025.

Telicia Lopez, CMC
City Clerk
City of San Bernardino

By:

(Attach completed copies of Waiver/Consent and Ballot)

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Ordinance No. MC-1655
1 ORDINANCE NO. MC-1655

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING ORDINANCE NO. MC- 1522 AND LEVYING

SPECIAL TAXES TO BE COLLECTED DURING FISCAL
YEAR 202 5-2026 TO PAY THE ANNUAL COSTS OF THE

MAINTENANCE AND SERVICING OF LANDSCAPING,

LIGHTING, STREETS , DRAINAGE, A RESERVE FUND

FOR CAPITAL REPLACEMENT, AND ADMINISTRATIVE

EXPENSES WITH RESPECT TO CITY OF SAN
BERNARDINO COMMUNITY FACILITIES DISTRICT NO.
2019-1 (MAINTENANCE SERVICES)

WHEREAS, the Mayor and City Council (the "City Council") of the City of San Bernardino (the "City") has heretofore adopted Resolution No. 2019-81, stating that a community facilities district to be known as "City of San Bernardino Community Facilities District No. 2019- 1 (Maintenance Services), County of San Bernardino , State of California" (the "Community Facilities District"), is proposed to be established under the provisions of Chapter 2,5 (commencing with Section 53311) of Part 1 of Division 2 of Title 5 of the California Government Code, commonly known as the "Mello-Roos Community Facilities Act of 1982" (the "Act"), and fixing the time and place for a public hearing on the formation of the Community Facilities District; and

WHEREAS, notice was published and mailed to the owners of the property in the Community Facilities District as required by law relative to the intention of the City Council to establish the Community Facilities District and the levy of the special taxes therein to provide certain services, and of the time and place of said public hearing; and

WHEREAS, on November 5, 2025, at the time and place specified in said published and mailed notice, the City Council opened and held a public hearing as required by law relative to the formation of the Community Facilities District, the levy of the special taxes therein and the provision of services by the Community Facilities District; and

WHEREAS, at the public hearing all persons desiring to be heard on all matters pertaining to the formation of the Community Facilities District, the levy of the special taxes and the provision of services therein were heard, and a full and fair hearing was held; and

WHEREAS, subsequent to said hearing, the City Council adopted resolutions entitled "Resolution of the City Council of the City of San Bernardino Establishing Calling An Election for the Purpose of Submitting the Question of the Levy of the Proposed Special Tax to the Qualified Electors of the Proposed Community Facilities District; Authorizing the Levy of Special Taxes; and Establishing the Appropriations Limit for the Proposed Community Facilities District" (the "Resolution of Formation") which resolution established the Community Facilities District, authorized the levy of a special tax within the District, and called an election within the District on the proposition of levying a special tax, and establishing an appropriations limit within the District; and

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Ordinance No. MC-1655
2 WHEREAS, an election was held within the Community Facilities District in which the sole eligible landowner elector approved said propositions by more than the two- thirds vote required by the Act.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. It is necessary that the City Council of the City of San Bernardino levy special taxes pursuant to Sections 53340 of the Government Code to provide and finance the costs of certain types of services, and related costs within the Community Facilities District, including (i) the maintenance and servicing of landscaping, lighting, water quality improvements, streets, street sweeping, and park maintenance, (ii) a reserve fund for capital replacement, and (iii) administrative expenses, all as more completely described in Exhibit "A" to Resolution No. 2019- 81, attached hereto and by this reference made a part hereof.

SECTION 2. Levy of Special Taxes. Special taxes shall be and are hereby levied for the Fiscal Year 2025-2026, and each Fiscal Year thereafter, on all parcels of real property within the District which are subject to taxation, which are identified in Exhibit "B" attached hereto. Pursuant to said Section 53340, such special taxes shall be collected in the same manner as ordinary ad valorem property taxes are collected and shall be subject to the same penalties and the same procedure, sale, and Lien priority in case of delinquency as is provided for ad valorem taxes.

SECTION 3. Transmittal to County. The City Clerk shall immediately following adoption of this ordinance transmit a copy hereof to the Board of Supervisors and the County Auditor of the County of San Bernardino together with a request that the special taxes as levied hereby be collected on the tax bills for the parcels identified in Exhibit "B" hereto, along with the ordinary ad valorem property taxes to be levied on and collected from the owners of said parcels.

SECTION 4. Authorization to Publish Ordinance. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.

SECTION 5. Effective Date. This ordinance shall become effective thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ____ day of _______, 2025.

Helen Tran, Mayor
City of San Bernardino

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Ordinance No. MC-1655
3 Attest:

Telicia Lopez, CMC, City Clerk

Approved as to form:

Sonia Carvalho, City Attorney

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Ordinance No. MC-1655
4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )

I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1655, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5
th day of November 2025. Ordinance No. MC-____ was approved, passed and adopted at a regular meeting held the ____ day of ______, 2025 by the following vote:

WITNESS my hand and official seal of the City of San Bernardino this ____ day of _____, 2025.

Telicia Lopez, CMC, City Clerk

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EXHIBIT A

DESCRIPTION OF AUTHORIZED SERVICES
The services which may be funded with proceeds of the special tax of CFD No. 2019-1, as provided by Section 53313 of the Act, will inc lude all costs attribut able to maintaining, servicing, cleaning, repairing and/or replacing landscaped areas (may include reserves for replacement) in public street right-of-ways, public landscaping, public open spaces and other simila r landscaped areas officially dedicated for public use. These services including the following:
(a) maintenance and lighting of parks, parkways , streets, roads and open space, which maintenance and lighting services may inc lude, without lim itation, furnishing of electrical power to street lights and traffic signals; repair and replacement of damaged or inoperative light bulbs, fixtures and standards; maintenance (including irrigation and replacement) of landscaping vegetation s ituated on or adjacent to parks, parkways, streets, roads and open space; maintenance and repair of irrigation facilities; maintenance of public signage; graffiti removal fr om and maintenance and repair of public struc tures situated on parks, parkway s, streets, roads and open space; maintena nce and repair of playground or recreation program equipment or facilities situated on any park; and (b) maintenance and operation of water qualit y improvements which include storm drainage and flood protection facilities, including, without limitation, drainage inlets, catch basin inserts, infiltration basins, flood control channels, fossil fuel filters, and similar facilities. Maintenance services may include but is not limited to the repair, removal or replac ement of all or part of any of the water quality improvements, fossil fuel filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff, or appur tenant facilities, clearing of inle ts and outlets; erosion repairs; and cleanup to improvements, and other it ems necessary for the maintenance, servicing; or both of the water quality basin improvements within flood control channel improvements; and (c) public street sweeping, on the segments of the arterials within the boundaries of CFD No. 2019-1; as well as local roads within residential s ubdivisions located within CFD No. 2019-1; and any portions adjacent to the properties within CFD No. 2019-1.

In addition to payment of the cost and expense of the forgoing services, proceeds of the special tax may be expended to pay “Administrative Expenses,” as said term is defined in Exhibit B to this resolution of intention.

The above services shall be limited to those provided within the boundaries of CFD No. 2019-1 or for the benefit of the properties within the boundaries of CFD No. 2019-1, as the boundary is expanded from time to time by anticipated annexations, and said services may be financed by proceeds of the special tax of CFD No. 2019-1 only to the extent that they are in addition to those pr ovided in the territory of CFD No. 2019-1 before CFD No. 2019-1 was created.

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EXHIBIT B
COMMUNITY FACILITIES DISTRICT NO. 2019-1 (MAINTENANCE SERVICES) SPECIAL TAX FISCAL YEAR 2025-26
(Effective as of November 5, 2025)

ASSESSOR'S PARCEL NUMBERS
Annexation Owner Assessor's Parcel Numbers
Original Formation Cauffman Family Trust 4/20/98
0142-811-01 thru -13 and
0142-811-14
Cauffman Family Trust 5/4/11 0142-041-52
1 17329, LLC 0261-031-10, -13, 0261-771-01
thru -29 and 0348-111-52
2 GWS #4 Development, LLC 0141-431-24
3 Devore Storage Facility, LLC 0266-041-39
4 TH Rancho Palma, LLC
0261-761-01 thru -65 and
0261-762-01 thru -72
5 Strata Palma, LLC 0261-182-41
6 San Bernardino Medical Center, LLC 0147-114-20 and -21 7 ICO Fund VI, LLC
0281-441-01 thru -56 and
0281-442-01 thru -55
8 TR 2600 Cajon Industrial LLC 0148-122-04
9 Central Commerce Center, LLC 0280-151-29
10 Lankershim Industrial, LP 1192-311-01
11 Prologis, LP
0137-011-01, -31, 0137-051-27,
0137-052-46, 0274-011-11, -12, -
34, -35, -42, -43
12 Dreamland Real Estate Holdings 0281-061-35
13 Magic Laundry Services, Inc. 0141-282-05 and -06
14 Ahmad Family Trust 0136-191-21
15 Gateway SB, LLC 0134-054-33, -40, -44
16 RCH-CWI Belmont, LP 0261-712-01 thru -16
17 George A. Pearson 0142-212-18
18 RGC Family Trust 0142-325-04
19 170 East 40th Street, LLC 0154-242-22 and -23
20 108 Highland, LP 0150-221-78
21 SBABP IV, LLC 0136-371-36, -37, -40, -43
22 1300 E Highland Ave LLC 0150-471-04, -05, -06, -07, -08 23 Vone SB, LLC 0272-161-17 and -18
24 PI Properties, LLC 0143-191-59
25 Pacific West Company, Chenmei
Cheng, Ann C. Lau, and Hanhsing Li 0285-211-05, -21, -22, -23, -25

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Annexation Owner Assessor's Parcel Numbers
26 To Be Determined
27 SB Drake Central Avenue, LLC 0280-032-07 thru -11, -13, -14, - 15, -37 and -38
28 Verdemont Ranch 20, LLC 0348-111-51
29 CIVF VI – CA1W01, LLC 0280-051-11, -12, -15
30 California Cajun Properties LLC 0261-182-43
31 Elliott Precision Clock Co. 0142-211-29
32 S.B. Universal Self Storage LLC 0266-021-17, -18, -27, -32, -33, -34, -38, -39, -40, -41
33 GWS #7 Development LLC 0280-171-13, -14, -15, -16, -18, -19 and 0280-191-05 thru -10
34 MLG SB Land, LLC &
Grandfather’s Land Holdings, LLC 0280-091-27
35 SimonCRE JC Saguaro III, LLC 0285-742-18
36 DP Industrial Parkway LLC 0266-041-22 and 0266-041-40 37 MV RE Holdings LLC
0142-621-13, -14, -15, -16, -17,
18, -19, -20, -21, -22, -23, -24
38 In-N-Out Burgers 0134-093-48 and 0134-093-05
39 PME Oakmont Tippecanoe, LP 0278-191-12, -17, -25, -28 40 Shandon Hills Plaza LLC 0266-521-20 and 0266-521-22
41 Inland Maple Partners LLC 0134-054-01, -35, -37, -39 43 Gateway SB LLC
0134-101-28, -02, -03,
-04, -05, -06
44 Paladin Equity SB LLC 0281-361-28
45 GWS #8 Development LLC
0280-171-01 thru -11, 0280-161-
03, 0280-161-05 thru -18, 0280-
161-30, 0280-151-27, -28
46 To Be Determined
47 CVP Hospitality CA, LLC 0281-361-22, 0281-361-23
48 Piedmont Venture I, LLC 1199-671-13
49 City of Riverside 0141-252-08
50 Gateway SB, LLC 0134-061-21, 0134-061-35
51 LPC Arrowhead Area I, LP 0262-051-43

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Public Hearing
CFD No. 2019-1 Annexation No. 51:

Cajon Industrial Park (LPC Arrowhead Area I, LP)

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Public Hearing on CFD 2019-1 Annexation No. 51
Recommended Action

1. City Council initiate annexation of territory to City of San Bernardino Community Facilities District No. 2019-1 (Maintenance Services) ("CFD No. 2019-1" or "CFD") by taking the following actions:
a. Hold public hearing,
b. Adopt a Resolution calling the election,
c. Hold a special landowner election and canvass the election, d. Adopt a Resolution declaring results of special landowner election; and

2. Upon approval of the preceding resolutions, Introduce, read by title only, and waive further reading of Ordinance No. MC-____ amending Ordinance No MC-1522 and levying and apportioning the special tax in CFD No. 2019-1 (as it now exists and will exist in the future); and

3. Schedule the adoption of the Amended Ordinance for November 19, 2025.

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Public Hearing on CFD 2019-1 Annexation No. 51
Discussion
• The Property Owner, LPC Arrowhead Area, LP , has requested the City assist them in annexing territory into CFD No. 2019-1 to cover the costs associated with the maintenance of Public Improvements.
• The proposed project will include an industrial warehouse. The development was fully approved on August 10, 2022.
• The area proposed within Annexation No. 51 includes one (1) parcel, APN 0262-051-43. • On September 17, 2025 the City Council adopted Resolution No. 2025-368, a Resolution of Intention to annex these properties into CFD No. 2019-1 and hold a Public Hearing on November 5, 2025. The property owner consented to waiving certain time restriction and conduct the election the same night. The proposed maximum annual tax of $646 per acre will be included in CFD No. 2019-1 as Tax Zone 51.
• The maximum annual tax is proposed to escalate each year at the greater of Consumer Price Index (CPI) or 2%.

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Public Hearing on CFD 2019-1 Annexation No. 51
Discussion (Cont.)
• The services, which may be funded with proceeds of the special tax include but are not limited to:
• All costs attributable to Maintenance of median landscaping and other public improvements installed within the public rights-of-way
• Public lighting including street lights and traffic signals, • Maintenance of streets, including pavement management, and street sweeping, • Maintenance and operation of water quality improvements including storm drainage and flood protection facilities
• In addition to the costs of the forgoing services, proceeds of the special tax may be expended to pay administrative expenses and for the collection of reserve funds.

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Project Location
• The property is located northwest of Institution Road and Southern Pacific RR. • Ward: Sixth Ward

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Public Hearing on CFD 2019-1 Annexation No. 51
Fiscal Impact
• It is anticipated that at build-out the total revenues to pay for maintenance costs will be approximately
$10,562. All costs associated with the annexation is
borne by the Developer. There is no fiscal impact to
the City’s General Fund.

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Questions?

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PROJECT MAP

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Telicia Lopez, Acting City Clerk
Department: City Clerk
Subject: Approval of Various Mayor and City Council Meeting Minutes
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. August 28, 2023 Special Meeting Draft Minutes

2. January 31, 2024 Special Meeting Draft Minutes

3. August 20, 2025 Regular Meeting Draft Minutes

4. September 17, 2025 Regular Meeting Draft Minutes

5. October 14, 2025 Special Meeting/State of the City Draft Minutes

Click or tap here to enter text.

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Mayor Helen Tran
City of San Bernardino Council Members
201 North E Street Theodore Sanchez
San Bernardino, CA 92401 Sandra Ibarra
http://www.sbcity.org Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

Draft Minutes

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY,

MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SUCCESSOR

HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE

CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT

POWERS FINANCING AUTHORITY

MONDAY, AUGUST 28, 2023
5:30 PM

The Special Closed Session Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:34 PM by Mayor Helen Tran on Monday, August 28, 2023, at the Multipurpose Conference Room, 2nd Floor, 201 North E Street, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Arrived at 5:45p.m.

Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present

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Special Meeting Minutes August 28, 2023 Mayor and City Council of the City of San Bernardino Page 2

5:30 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Doctor Reginald Woods of Life Changing Ministries gave the invocation, and Council Member Figueroa led the Pledge of Allegiance.

Prior to convening to Closed Session, Mayor Tran made an announcement. She explained that the City has used a professional recruiter to handle the City Manager Recruitment process. The process has been handled professionally, and everyone involved was advised of confidentiality laws. The Mayor and City Council have met several times to discuss applicants and are confident that they will select a highly qualified candidate.

CLOSED SESSION PUBLIC COMMENTS FOR ITEMS ON THE AGENDA
“Les” stated that there is a rumor that the City Council was going to hire Steve Carrigan, and that the residents did not want him for City Manager. He also spoke on other items not related to the agenda.

Carolyn Tillman stated that it is important to put the right people in the right seats. She stated that she has looked at the background of some of the candidates and did not approve. She also mentioned items that were not on the agenda.

Treasure Ortiz stated that the Mayor and City Council do not follow their own rules. She stated that one of the candidates that the community knows about is unqualified. There have been 12 City Managers in 12 years, and the Council needs to make better decisions.

Stan Futch (phonetic spelling), president of Westside Action Group, commented that it appears that since there have been so many Closed Sessions about the recruitment, that the Mayor and City Council must be having difficulty voting unanimously. He encouraged the Mayor and City Council to hire a black candidate.

Dolores Armstead commented that a new recruitment firm should be hired. She opposed Steve Carrigan being hired as City Manager.

Cheryl Brown commented that citizens have been calling her asking what is going on with the City Council. She stated that the City has had too many City Managers. She informed that consistency and leadership are very important in this process.

“Yolanda” spoke about issues not related to the agenda.

“Maria” stated that the Mayor and City Council do not help the local business community.

Joshua Beckley asked the Mayor and City Council not to hire the candidate that has been fired for financial mismanagement. He asked that they take their time in the recruitment and find someone else.

Miriam Nieto commented that she agreed with previous speakers. She stated that Interim City Manager McNeely has been consistent and he should stay in his position, and the City Council should wait to hire someone until they find an appropriate candidate.

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Special Meeting Minutes August 28, 2023 Mayor and City Council of the City of San Bernardino Page 3

Speaker, Pastor Ray Turner , stated that San Bernardino does not have as many opportunities as surrounding cities. He commented that the City should not be serving special interests when conducting the recruiting process. He further stated that the religious community support Interim City Manager McNeely’s plan.

Mr. Segura commented that he does not want a City Manager that won’t stay at the City for long. He asked for transparency and communication from the City. He expects the candidate to be experienced and consistent.

City Clerk Genoveva Rocha then stated that there was one written comment received from Tim Dorame, and it was available online for public viewing.

At this time, Council Member Calvin made a motion to immediately close the recruitment for City Manager, end the contract with Koff & Associates, and re -agendize the topic to the next Regular Meeting of September 6, 2023. She stated that the Mayor and City Council should conduct a process that is open and includes community input. She stated that the current recruitment failed due to the process lacking confidentiality and ethics .

The motion was seconded by Council Member Reynoso.

City Attorney Carvalho stated that the council could not vote to end the process at that time, because the item had been agendized for Closed Session. She advised that any motion from a Council Member would be overruling the Chair. She asked if Council Member Calvin was attempting to make a motion to end the meeting.

Council Member Calvin confirmed that she was.

City Attorney Carvalho stated that it would be more beneficial to continue into Closed Session, and the Council could provide more information and discuss any concerns at that time.

Council Member Calvin amended her motion to end the current meeting and agendize the City Manager recruitment item for September 6, 2023. This motion was seconded by Council Member Reynoso.

RESULT: ADJOURN THE SPECIAL MEETING AND RE -AGENDIZE THE CITY

MANAGER RECRUITMENT FOR THE OPEN MEETING OF
SEPTEMBER 6, 2023 [FAILED 3-4]
MOVER: Kimberly Calvin, Council Member, Ward 6
SECONDER: Ben Reynoso, Council Member, Ward 5
AYES: Reynoso, Calvin, Alexander
NOES: Sanchez, Ibarra, Figueroa, Shorett

Since the motion to end the meeting failed, t he Mayor and City Cou ncil then proceeded into Closed Session at 6:07 PM.

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Special Meeting Minutes August 28, 2023 Mayor and City Council of the City of San Bernardino Page 4

CLOSED SESSION

A) PUBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957)
City Manager
B) CONFERENCE WITH LABOR NEGOTIATORS (Pursuant to Government Code Section 54957.6)
Unrepresented employee: City Manager

CLOSED SESSION REPORT
City Attorney Sonia Carvalho informed that there was no reportable action from Closed Session, and that the matter would continue to be agendized based on the City Council’s direction.

ADJOURNMENT
The Special Closed Session of the Mayor and City Council was adjourned on Monday, August 28, 2023 at 7:29 PM.

The next regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, September 6 , 2023, at Feldheym Central Library, 555 W. 6th St., San Bernardino, California 92401. Closed Session will begin at 5:30 p.m. Open session will begin at 7:00 p.m.

Telicia Lopez, CMC, City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

Draft Minutes

FOR THE

SPECIAL MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY

WEDNESDAY, JANUARY 31, 2024
3:00 PM

The Special Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:05 PM by Mayor Helen Tran on Wednesday, January 31, 2024, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Council Member, Ward 3 Present
Fred Shorett Mayor Pro-Tem, Ward 4 Present
Ben Reynoso Council Member, Ward 5 Present
Kimberly Calvin Council Member, Ward 6 Present
Damon L Alexander Council Member, Ward 7 Present
Helen Tran Mayor Present
Charles Montoya City Manager Present
Edelia Eveland Assistant City Manager Present
Sonia Carvalho City Attorney Present
Genoveva Rocha City Clerk Present
Telicia Lopez Chief Deputy City Clerk Present

Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Ben Reynoso
Kimberly Calvin
Damon L. Alexander

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Study Session Draft Minutes January 31, 2024
Mayor and City Council of the City of San Bernardino Page 2 3:00 P.M.

PUBLIC COMMENT
Al Palazzo shared that he had many ideas for developing the Carousel Mall and for alternatives to City Hall.

Jorge Gonzalez expressed strong support as a business owner for both the proposed security cameras and the Property and Business Improvement District (PBID).

Ed Adams expressed full support for the proposed camera monitoring system and the formation of a business improvement district.

Junior Carillo spoke in support of Item No. 4, urging respectful dialogue with city officials and emphasizing that collaboration leads to better outcomes than public criticism.

BJ Sims spoke in support of agenda Item No.1 and the PBID, urging collaboration with the city to improve downtown safety.

Val Christensen stated that the downtown active camera monitoring system is a step towards the right direction.

Glenn Hellmans, a local developer, questioned the cost-effectiveness of remodeling City Hall, supported exploring alternatives like the Carousel Mall site, and suggested opening the process to public-private partnership proposals.

Tansu Philip expressed strong support for the PBID, citing safety concerns, repeated break-ins, and the lack of city support, while emphasizing small business owners' commitment to improving downtown San Bernardino.

David Fr iedman voiced frustration over ongoing break -ins, lack of police response, broken streetlights, and poor city communication, urging the City Council to prioritize forming the PBID and better support for small businesses.

Dana Fisher criticized Council member Sanchez for lack of downtown engagement and unfulfilled promises regarding public safety and PBID effort

Mark Romero expressed support of agenda Item No.1, highlighting recent break -ins, insufficient police response, and the negative impact of poor lighting on businesses.

Alma Rosa Rivera urged the council to fund the formation of the downtown S an Bernardino Property and Business Improvement District, emphasizing the importance of beautifying and supporting the city's youth and cultural efforts.

Lydia Boumart urged the city council to fund agenda Item No.1 and the Property and Business Improvement District, citing ongoing safety issues, break-ins, and shootings in downtown San Bernardino, while expressing optimism about the community.

Casey Daily praised the City Manager and staff for their leadership on the Carousel Mall redevelopment and City Hall repairs

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Study Session Draft Minutes January 31, 2024
Mayor and City Council of the City of San Bernardino Page 3 Less urged addressing lighting and landlord issues before installing cameras and criticized Council ethics.

Claudia Cano urged the city to open agenda Item No. 4 to RFPs with small developers and to consider pilot programs providing mental health services, veteran support, and affordable student housing.

James Smith commended the Council for holding the special meeting, emphasized the importance of improving San Bernardino’s image by meeting at City Hall, praised the efforts of city officials, and encouraged continued progress for the city.

INVOCATION AND PLEDGE OF ALLEGIANCE
Pastor Lee Coe from Calvary Chapel – San Bernardino led the invocation and Council Member Ben Reynoso led the Pledge of Allegiance to the flag.

DISCUSSION ECONOMIC DEVELOPMENT & CITY REINVESTMENT

1. Downtown Active Camera Monitoring System
Darren Goodman, Police Chief provided a presentation on the San Bernardino Smart Camera System. The Chief spoke about the history of the city’s efforts to implement a camera system throughout the city, the background and goals with the project, technology considerations and other key factors, including community involvement.

The city's camera system was described as dilapidated and in need of dire repair, with only four out of approximately 95 cameras installed currently functioning.

Chief Goodman advised that the goal was to implement a SMART (Security Monitoring Advanced through Real-Time Technology) plan, aimed to allow the cameras to act as deterrents and use the system to actively investigate and monitor the area to integrate into police operations.

The plan sought to use overlapping camera placement for comprehensive coverage and emphasized the integration of camera data with police operations to enhance real - time response capabilities.

The proposal also underscored the importance of community partnerships, allowing businesses and residents to integrate their camera systems with the city's real -time information center for enhanced monitoring and response to incidents.

Councilmember Calvin inquired about the number of cameras one officer could monitor, and Chief Goodman responded that one officer can manage up to 20 cameras.

Councilmember Alexander asked if the system could integrate with business security systems, and Chief Goodman confirmed it is possible depending on available funding.

NO ACTION TAKEN – THIS ITEM WAS PRESENTED AS PART OF A STUDY

SESSION AND WAS NOT AN ACTIONABLE ITEM

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Study Session Draft Minutes January 31, 2024
Mayor and City Council of the City of San Bernardino Page 4

2. City Hall Renovation Project
William Lamp i Management Analyst from the City Manager’s Office began the presentation with background information, financing details, and an overview of the proposed renovation process for the City Hall building.

Staff Lampi described the structure as containing over 100,000 square feet of office space across six to seven floors plus a basement. N oting, 90% of the building’s exterior consists of glass windows. The building was designed to reflect civic pride and the urban environment and has received recognition from the Library of Congress and the American Institute of Architects as one of the 49 most outstanding City Halls in the United States
The building was vacated due to seismic safety concerns. Seismic assessments conducted in 2007, 2016, and 2018 all concluded that retrofitting was necessary.

Estimated costs for retrofitting ranged from $7.8 million to $15 million, though these were preliminary figures lacking detailed engineering plans.

William Lampi presented two retrofit concepts: an interior retrofit that would reduce usable interior space but preserve the exterior design, and an exterior retrofit that would preserve interior space but alter the building's appearance.

The financing portion of the presentation was delivered by Sarah Brown and Mark Rier from Stifel. They outlined how the City could legally finance the renovation through lease revenue bonds or certificates of participation, which are not considered traditional debt under the California Constitution and do not require voter approval. These financing methods have been widely used across California, with over $21 billion issued in the past 11 years, $8.9 billion of which was new money. Brown and Rier noted an increasing trend of cities undertaking infrastructure projects due to aging assets and limited revenue growth.

The presentation concluded with a note that the City Hall building could become eligible for listing on the National Register of Historic Places if renovated and reoccupied.

Councilmembers discussed the City Hall Project, with inquiries regarding the RFP process, potential federal funding, the proposed timeline and the inclusion of City staff for development opportunities. City Manager Montoya was in agreement with the City Council’s request for the Mayor and Council to be involved in the service contracts related to the City Hall project and providing development opportunities for staff.

NO ACTION TAKEN – THIS ITEM WAS PRESENTED AS PART OF A STUDY

SESSION AND WAS NOT AN ACTIONABLE ITEM

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Study Session Draft Minutes January 31, 2024
Mayor and City Council of the City of San Bernardino Page 5

3. Carousel Mall Redevelopment Project

William Lamp i, Management Analyst with the City Manager’s Office, provided a presentation on the Carousel Mall Project. He gave an overview of the site’s background, history, and future plans.

The mall originally included 76 stores and three department stores, later expanding to about 100 retailers. Its primary purposes were to generate sales and property tax revenue and to encourage further downtown development.

Staff Lampi noted that a series of economic and structural challenges led to the mall’s decline. These included the closures of Norton Air Force Base, the Santa Fe Rail Yards, and Kaiser Steel, which collectively eliminated around 20,000 jobs. In addition, the realignment of Interstate 15 diverted traffic away from downtown, and the opening of Inland Center Mall drew customers elsewhere.

Public Works Director Lynn Merrill to provided an update on the mall’s demolition and current status
.

Director Merrill provided an update on the Carousel Mall demolition project.

Director Merrill presented aerial photos showing the demolition progress , by late October of 2023. By the current month, the site was largely cleared, with processed materials placed strategically to create safety barriers and prevent falls in areas with significant elevation changes.

Director Merrill also stated that a Phase I Environmental Assessment had been completed. A Phase II Environmental Assessment involving soil sampling and testing for contamination was scheduled to begin the following week.

William Lampi provided an overview of the Surplus Land Act (SLA) process and its application to potential redevelopment sites, including the Carousel Mall property.

Staff Lampi then discussed conceptual plans for the redevelopment of the Carousel Mall site. The vision divides the property into five “quadrants,” each with distinct uses.

Redevelopment is expected to occur in phases, with a focus on creating a sustainable, pedestrian-friendly, and economically vibrant city center.

Councilmembers discussed various aspects of the Carousel Mall project, including its potential impact on the Inland Center Mall, alignment with the community’s vision, and the amount of new information presented without prior review.

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Study Session Draft Minutes January 31, 2024
Mayor and City Council of the City of San Bernardino Page 6 City Manager Montoya clarified that the presentation was a study session intended for information and discussion only, with no commitments made.

Councilmembers expressed appreciation for staff’s efforts, noting the opportunity for multiple developers to participate and emphasizing the importance of continued transparency and collaboration as discussions move forward.

NO ACTION TAKEN – THIS ITEM WAS PRESENTED AS PART OF A STUDY

SESSION AND WAS NOT AN ACTIONABLE ITEM

DISCUSSION POLICIES, PROCEDURES & COMMUNICATIONS

4. Code of Ethics and Conduct Policy
Cory Hodges, Senior Management Analyst in the City Manager’s Office, presented a brief PowerPoint outlining conceptual ideas for a proposed Code of Ethics and Conduct policy.

The presentation covered policy goals, core ethical values, and proposed next steps.

Key goals included establishing clear ethical standards to enhance service quality and build public trust. Core values presented included professionalism, fiscal responsibility, collaboration, and accountability.

Staff planned to incorporate feedback from the Mayor, City Council, City Manager, and department directors before returning with a formal draft for further discussion and potential adoption.

Councilmember Alexander questioned if the City of San Bernardino already had a code of ethics.

City Manager Charles Montoya clarified that many of the ethical standards are already outlined in the Municipal Code and included within the City Charter.

Assistant City Attorney Rice added that Councilmembers are subject to AB 1234 ethics training and an existing Code of Conduct, noting that the proposed Code of Ethics would serve as an aspirational guide for conduct beyond current requirements.

The Mayor and City Council convened into closed session at 5:52 p.m.

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Study Session Draft Minutes January 31, 2024
Mayor and City Council of the City of San Bernardino Page 7

CLOSED SESSION
A. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Pursuant To Government Code Section 54956.8)
Property: APN 0141-412-48-0000
Agency Negotiator: Charles A. Montoya, City Manager, or designee Negotiating Parties: Jayashree Krishna, Inc
Under Negotiation: Price and Terms

CLOSED SESSION REPORT
City Attorney Assistant Thomas Rice reported that there was no reportable action.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, January 31 2025, at 6:26 p.m.

The next Regular Meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, February 21, 2024, at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92401. Closed Session will begin at 5:30 p.m.

Open Session will begin at 7:00 p.m.

By:_________________________
Telicia Lopez, CMC
City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE

SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY

WEDNESDAY, AUGUST 20, 2025
4:00 PM

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 4: 01 PM. by Mayor Helen Tran on Wednesday, August 20, 2025, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 4:02 PM
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Late 4:04 PM
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Acting City Clerk Present
Perla Lopez Deputy City Clerk Present

Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz

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Regular Meeting Draft Minutes August 20, 2025
Mayor and City Council of the City of San Bernardino Page 2 4:00 P.M.

CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.

Prior to convening to Closed Session, Assistant City Attorney Albert Maldonado state d that the City had received letter s from Mandeville Modular, Inc. , attorneys representing the San Bernardino Police Officers Association, and attorneys representing Cou nty of San Bernardino regarding Item A , and they would be discussed in Closed Session.

Copies of the letter were also made available to the public.

At 4:03 PM the Mayor and City Council convened into closed session.

CLOSED SESSION
A) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d) (2)): 3 Cases
B) CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4)): 1 Case 5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5: 05 PM by Mayor Helen Tran on Wednesday, August 20, 2025, at Feldheym Central Library, San Bernardino, CA.

Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Present
Juan Figueroa Mayor Pro-Tem, Ward 3 Present
Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Present
Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado Assistant City Attorney Present
Telicia Lopez Acting City Clerk Present
Perla Lopez Deputy City Clerk Present

CLOSED SESSION REPORT
Assistant City Attorney Albert Maldonado stated there was no reportable action from Closed Session but noted that one case of S ignificant Exposure to Litigation and one case of I nitiation of L itigation involved discussions concerning Councilwoman Dr.

Treasure Ortiz. Councilwoman Ortiz recused herself from those discussions.

INVOCATION AND PLEDGE OF ALLEGIANCE
Bishop Daniel Frazier from Due Season Fellowship led the invocation, and Mayor Pro - Tem Figueroa led the Pledge of Allegiance to the Flag.

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PRESENTATIONS

1. Proclamation for Overdose Awareness Day in the City of San Bernardino – August 31, 2025 (All Wards)
The Mayor and City Council presented certificates to Sean Dishaw, Ted Tavolazzi, Teresa Hixson, James Dettman, Robert Johnson, and Ed Bustamante from the Veterans Alcohol and Recovery Program.

PUBLIC HEARING

2. Introduce for First Reading Ordinance No. MC1653 Enacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling the San Bernardino Municipal Code.

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California, Introduce, read by title only and waive further reading of Ordinance No.

MC-1653, E
nacting a Code of Ordinances Revising, Amending, Restating, Codifying and Compiling Certain Existing General Ordinances of the City of San Bernardino.

M
ayor Tran opened the Public Hearing at 5:17 PM. and announced

Acting City Clerk Telicia Lopez provided a presentation.

There was one public comment.

Less spoke about warehouse locations to be separate from residential zones.

Mayor Tran closed the Public Hearing at 5:19 PM.

Council Member Sanchez made the motion to approve staff’s recommendation; the motion was seconded by Council Member Knaus.

Council Member Ortiz made a substitute motion to move the public hearing to the first meeting in September, but the motion was not seconded.

Council Members went back to the original motion.

Assistant City Attorney Albert Maldonado clarified the motion for the record: Introduced the ordinance by title only, waived further reading, and set September 3 rd for the second
reading and adoption.

RESULT: INTRODUCED FOR FIRST READING ORDINANCE NO. MC 1653 [6 1]
MOVER: Theodore Sanchez, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores NOES: Treasure Ortiz
Acting City Clerk Telicia Lopez read the title of the Ordinance into the record.

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3. Adopt Resolution Denying or Approving Appeal 24 06 of Planning Commission's Approval of Resolution 2024 034PC that Restored the Conditions of Approval for Administrative Development Permit 22 020 (Ward 3) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Adopt Resolution No. 2025- 352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24 -06, thereby affirming the Planning Commission’s approval of Appeal 24- 05, which re-instated the deleted conditions of approval 20 (twenty) through 26 (twenty -six) which were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23- 01 originally drafted for Administrative Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1).

2. Adopt Resolution No. 2025- 353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 24-06 of Appeal 24- 05 thereby overturning the Planning Commission’s approval of Appeal 24- 05, which re- instated the deleted conditions of approval 20 (twenty) through 26 (twenty -six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23- 01 for Administrative Development Permit 22- 020; for the property located at 379 E.

Industrial Road on 0.83 acres (APN: 0141- 581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3).

Mayor Tran announced that the item was a Quasi -Judicial Hearing and stated that the procedural rules outlined in Resolution No. 2018- 88 would be followed. She opened the Public Hearing at 5:23 PM.

Acting City Clerk Telicia Lopez administered the oath to the appellants and respondents.

There were no public comments.

Mayor Pro -Tem Figueroa stated that one of the appellants contacted him via text messages in late 2023 or early 2024. He did not respond to any of the messages; instead, he directed them to contact the City Manager at that time. He was prepared to make any decision based solely on the information presented.

Muhammad Gaz, representative from Waterman Business Center Association, informed the Mayor and City Council that he and counsel for the appellant had tentatively come to an agreement. He requested that the P ublic Hearing be continued to the September 17, 2025, Mayor and City Council meeting , to allow time for resolution. If resolved, the item would be withdrawn.

Assistant City Attorney Albert Maldonado advi sed the Mayor and City Council that the public hearing could be continued to the September 17, 2025, City Council meeting without the hearing being closed.

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Mayor and City Council of the City of San Bernardino Page 5 Council Member Shorett made a motion to continue the public hearing to the September 17, 2025, Mayor and City Council meeting. The motion was seconded by Council Member Ortiz.

RESULT: CONTINUED THE PUBLIC HEARING TO SEPTEMBER 17, 2025 [70] MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

CITY MANAGER UPDATE
City Manager Eric Levitt presented city -wide updates. Highlights included a statement regarding the Homeland Security incident that occurred on Saturday, August 23 rd, Tesla opening for business, Mt. Vernon Bridge opening, the re-opening of Guadalupe Field, and City Staff recognition event.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA At this time, public comments were heard . Mayor Tran announced each speaker will be limited to one minute and thirty seconds per comment, instead of three minutes, in accordance with Resolution No. 2018
89.

Lup
e Castaneda, Senior Administrator for the San Bernardino Chamber of Commerce , thanked the Mayor and City Council for their continued support of the ‘Rendezvous Back to Route 66.’

Ron Alvarado spoke on several topics : the celebration of Mt. Vernon Bridge, summer park events and inviting residents to visit local businesses.

Donald Monti, of the San Bernardino Development Company, spoke about the continued litigation with the City regarding affordable housing.

Li M. spoke on the resent ICE incident.

Luis Mendez, Former Director of Diversity , Equity, and Inclusion from Nassau County in New York State, spoke about the development of affordable housing.

Erick Aguinaldo spoke on the ICE incident.

Kimberly Calvin spoke on a claim involving former Acting City Manager Rochelle Clayton and two sitting Council Members.

Georgia L. thanked the Police Department for the youth luncheon event and spoke on the conditions of the Animal Shelter.

Frank Cobos spoke on crime, homelessness, and urban decay, urging leaders to seek federal funding and take immediate action.

Sharon Negrete spoke on the conditions of the animal shelter, the need for adoption efforts, and the need for staffing.

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Mayor and City Council of the City of San Bernardino Page 6 Ray Blom spoke in support of the Route 66 event downtown, highlighting its positive impact on local business, community identity, and the City’s culture of cruising.

Roberto Lopez spoke in Spanish with an interpreter, about the repeated harassment by a City Hall security guard toward his licensed ice cream business, raising concerns of potential discrimination. He also expressed frustration over poor street conditions in his neighborhood.

James Smith welcomed the new City Manager, praised school facility improvements, and thanked city staff for supporting local history preservation efforts.

Ronnika Ngalande thanked the City Council for its efforts and urged continued focus on progress in public safety, business development, and homelessness. She also spoke on the allegations and internal conflicts, calling them distractions that harm the C ity’s image and growth.

Mike Hartley spoke on the ICE incident, calling for law and order and even suggesting the National Guard be brought in if necessary. He also expressed frustration over only hearing “half the story” and emphasized the need to support law enforcement.

Delores Armstead thanked Economic Development for its outreach but criticized the City’s lack of progress, especially downtown, and urged the return of the previously effective RD ICO company, stating the City deserves better leadership and change is coming.

Christian Flores spoke in support of Item 6, advocating for liens on vacant, neglected properties, and proposing future amendments to allow community use of such spaces.

He also expressed solidarity with undocumented communities.

Al Palazzo spoke on his upcoming meeting with the new City Manager and highlighted the topics he will address. He also requested consideration to be part of the city staff.

Joe Salas spoke on unity and collective responsibility in San Bernardino, urging the City Council, police, and community to support one another through challenges. He also spoke on the progress across all wards.

Janette McKaig voiced concern about police cooperation with unidentified individuals believed to be ICE agents, their lack of identification, and warrants. She urged the City Council to find a solution to prevent the ongoing fear and disruption caused in the community.

Julia condemned law enforcement and political systems for perpetuating white supremacy and historical injustices, affirming that Indigenous and marginalized communities will continue to resist oppression.

Monay spoke about council members not hearing the community, defended investor efforts to improve properties, and expressed frustration with targeted code enforcement and lack of city support.

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Mayor and City Council of the City of San Bernardino Page 7 Kimberly Rosas expressed concern over the recent ICE activity near schools and the police actions that compromise student safety. She asked to hold law enforcement accountable and prioritize proper protection for the community.

LaKisha urged the C ouncil to address frequent break -ins at vacant properties, criticized police response, and called for greater accountability and enforcement to ease the financial burden on owners.

Bryan Sanchez spoke on the recent violent immigration enforcement, urging the Council to increase transparency, establish legal aid for immigrants, and limit local cooperation with federal agencies.

David Friedman spoke in favor of Item 16, highlighted the economic benefits of cultural events downtown, citing increased sales tax revenue, voiced support for redevelopment, and took a strong stance against ICE.

Angel Lira, organizer with the Pomona Economic Opportunity Center, spoke about a recent immigration raid and urged city officials to denounce the action and collaborate on creating safe, legal spaces for day laborers.

Miriam Nieto spoke about the Police Department’s alleged support of ICE, calling for accountability and emphasizing the need for police to protect, not harm, the community.

Natalia Saca, regional policy advocate for The Coalition for Human e Immigrant Rights (CHIRLA), urged the Council to require immigration agents to identify themselves and requested a meeting to discuss policies ensuring safety, dignity, and justice regarding ICE activity.

Michael Segura, Executive Director of The Garcia Center, invited the Mayor and City Council to the tree pl anting in September and urged city support after a nearby ICE incident raised safety concerns.

Venus Alfaro, community organizer with Pomona Economic Opportunity Center, spoke on the ongoing harassment of day laborers and the recent ICE raids.

Alicia Aguayo spoke on the involvement of the San Bernardino Polic e Department with ICE during the recent incident. She urged the City Council to end collaboration with ICE and protect the community.

Jerry Robershaw spoke in support o f Item 16, noting its past success and potential to generate significant revenue for the City, and urged the Council to offer full support.

John Shollenberger spoke on personal loss and voiced strong support for Dr. Ortiz, emphasizing the importance of accountability.

Hector Loera called for unity, action, and open communication to create positive change.

He spoke about the need for community led solutions, encouraged dialogue beyond council meetings, and expressed a desire to build leadership.

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Mayor and City Council of the City of San Bernardino Page 8 Les asked for a forensic audit of city finances and officials, criticized past City Manager hires, and expressed frustration over the City’s ongoing failure to address homelessness.

Acting City Clerk Telicia Lopez advised that written comments were also received and would be available on the City’s website for public review.

Prior to hearing the Consent Calendar, City Manager Levitt announced that staff would be pulling Item No. 15 and bringing it back at the September 3 rd meeting.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 15 BY STAFF AND ITEM NO. 16 FOR A SEPARATE VOTE [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

4. Regional Partnership – Adopt Resolution allocating $1,090,000 Annually for Expenses Related to the Regional Partnership Agreements (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-354 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $1,090,000 in revenues and expenditures to cover the cost of services and supplies needed as a result of the Regional Partnership Agreements for Animal Services.

RESULT: ADOPTED RESOLUTION NO. 20253 54 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

5. Approval of Various Mayor and City Council Meeting Minutes Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. June 21, 2023 Regular Meeting Draft Minutes

2. October 11, 2023 Special Meeting Draft Minutes

3. June 26, 2024 Special Meeting Draft Minutes

4. March 19, 2025 Regular Meeting Draft Minutes

5. April 29, 2025 Special Meeting Draft Minutes

6. May 21, 2025 Regular Meeting Draft Minutes

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Regular Meeting Draft Minutes August 20, 2025
Mayor and City Council of the City of San Bernardino Page 9 RESULT: APPROVED STAFF’S RECOMMENDATION [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

6. Adopt Resolution Imposing Liens on Certain Real Property to Recover Costs for Code Enforcement Abatements (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025- 355, imposing liens on certain real property located within the City of San Bernardino for the costs of public nuisance abatements.

RESULT: ADOPTED RESOLUTION NO. 20253 55 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

7. Approve Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc., Regarding 1543 W. 8th Street, for a Satellite Animal Shelter – Annual Lease Amount $130,000 (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-356:

1. Authorizing the City Manager to execute Amendment No. 1 to the Lease Agreement with Casa Ramona, Inc. for the property located at 1543 W. 8th Street, San Bernardino, California, to serve as a Satellite Animal Shelter for pet adoptions on behalf of the City of San Bernardino, extending the lease term for five years through September 30, 2030, with a month- to- month conversion at the end of the term; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Services Budget in the amount of $130,000, appropriated for expenses.

RESULT: ADOPTED RESOLUTION NO. 20253 56 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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Mayor and City Council of the City of San Bernardino Page 10

8. Review of Administrative Budget Transfers From April 1, 2025, Through June 30, 2025 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file all listed administrative budget transfers from April 1, 2025, through June 30, 2025.

RESULT: APPROVED STAFF’S RECOMMENDATION [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

9. Investment Portfolio Report for June 2025 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for June 2025.

10. Approve Professional Services Agreements for Video Production and Post Production in an amount not to exceed $366,060 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve the award of contracts to the four selected Vendor’s under RFQ F- 25-4036; and

2. Authorize the City Manager to execute Professional Services Agreements with VideoFP in an amount not to exceed $88,100; with Alejandro Villanueva in an amount not to exceed $88,960; with Joseph Fernandez in an amount not to exceed $99,000; and with Fire Starter Studios in an amount not to exceed $90,000 over a two-year period; and

3. Authorize Director of Finance and Management Services to issue all related purchase orders not to exceed $366,060 for a two-year term.

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Mayor and City Council of the City of San Bernardino Page 11 RESULT: APPROVED STAFF’S RECOMMENDATION [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

11. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for June 2025 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for June 2025.

12. Acceptance and Approval of a Contract Amendment for FY2025/2026 for the Older Californians Nutrition Program Grant and Approval of the Sysco, Hollandia and Consulting Nutrition Purchase Order (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-358:

1. Authorizing the City Manager to approve an amendment to extend the Contract 22- 666 for FY2025/2026 of the Older Californians Nutrition Program grant through the Department of Aging and Adult Services – Public Guardian (DAAS-PG); and

2. Authorizing the City Manager to accept the 2025/2026 Congregate Meal Program Grant Budget in the amount of $342,000; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant budget awards; and

4. Authorize the Director of Finance and Management Service to approve the Purchase Order of Sysco Foods ($214,500) and Hollandia Dairy ($25,600) and Consulting Health and Nutrition Services ($18,700); and

5. Authorizing the Director of Finance and Management Services to amend the grant funds for the period of July 1, 2025 through June 30, 2026 in revenue and expenditures.

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Mayor and City Council of the City of San Bernardino Page 12 RESULT: ADOPTED RESOLUTION NO. 20253 58 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

13. Accept the Corporation for National and Community Service’s AmeriCorps Senior Companion Program (SCP) Grant in the amount of $ 322,662 for FY 2025
2
026 – 2nd Year of a 3Y
ear Grant Award (All Wards)
R
ecommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-359:

1. Ratifying the submission of the application for year two of a three- year grant through the Corporation for National and Community Service’s Senior Companion Program; and

2. Authorizing the City Manager to accept the grant award in the amount of $332,662; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and

4. Authorizing the Director of Finance and Management Services to appropriate the grant funds in the amount of $332,662 for the period of July 1, 2025, through June 30, 2026 in revenue and expenses.

RESULT: ADOPTED RESOLUTION NO. 20253 59 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

14. Adopt a Resolution Accepting the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP) Grant in the amount of $70,477 for FY 202520 28 F irst Year of a ThreeY ear Grant Award (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution No. 2025-357:

1. Ratifying the submission of a new grant application for year one of a three-year grant through the Corporation for National and Community Service’s AmeriCorps Seniors Retired and Senior Volunteer Program (RSVP); and

2. Authorizing the City Manager to accept the grant award in the amount of $70,477; and

3. Authorizing the City Manager or their designee to conduct all negotiations, signing and submittals of necessary documents to receive grant awards; and

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4. Authorizing the Director of Finance and Management Services to appropriate the grant funds for the period of April 1, 2025 ($17,618.25 in FY 24-25) through March 31, 2026 ($52,858.75 in FY 25-26).

RESULT: ADOPTED RESOLUTION NO. 20253 57 [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Theodore Sanchez, Council Member, Ward 1
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

15. Acceptance of Yuhaaviatam of San Manuel Nation Grant Award (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-360, authorizing:

1. The City Manager to accept the grant award in the amount of $200,000; and

2. The City Manager or their designee to conduct all negotiations, signing, and submittals of necessary documents to receive grant awards; and

3. The Director of Finance and Management Services to amend the FY 2025/26 Operating Budget by $200,000 in grant revenues and expenditures.

PULLED BY STAFF, MOVED TO THE SEPTEMBER 3, 2025 REGULAR MEETING

16. Approval of Fee Waiver and City Support Services for the Route 66 Rendezvous Event (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025- 361, Authorizing the City Manager to waive special event fees for the Route 66 Rendezvous and provide support services from Police, Public Works, and Parks & Recreation.

Council Member Shorett pulled this item for discussion. He asked for the resolution to reflect the correct title of the event, Rendezvous Back to Route 66.

RESULT: ADOPTED RESOLUTION NO. 20253 61 WITH AMENDED TO THE TITLE OF THE EVENT [70]
MOVER: Fred Shorett, Council Member, Ward 4
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS

17. Review of Policy for City’s Sponsorship of Third P arty Events (All Wards) – (Council Member Sanchez)

18. D
iscussion on Accessory Dwelling Units (ADUs) and Research on Limits within State Law (All Wards) – (Council Member Ibarra)

There was a consensus amongst the Council Members to vote on Item Nos. 17 and 18 in one vote.

RESULT: APPROVED ITEMS 17 AND 18 TO BE HEARD AT FUTURE
MEETING [70]
MOVER: Treasure Ortiz, Council Member, Ward 7
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Highlights included the grand opening of the Mount Vernon Bridge on Saturday, August 23 rd.

Residents were reminded about the Burrtec discounts, several members attended neighborhood association meetings, and there were new business ribbon cuttings, a Love Your Block grant celebration, and the continued efforts around public safety, economic development, youth programs, and beautification projects.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, August 20. 2025, at 6:53 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on September 3, 2025 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC
Acting City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz

Draft Minutes

FOR THE

REGULAR MEETING OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS

THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND CITY COUNCIL OF THE CITY OF SAN

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT AGENCY, MAYOR AND

CITY COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE HOUSING AUTHORITY, AND MAYOR AND CITY

COUNCIL OF THE CITY OF SAN BERNARDINO ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING

AUTHORITY

WEDNESDAY, SEPTEMBER 17, 2025
3:30 PM

The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 3:31 p.m. by Mayor Helen Tran on Wednesday, September 17, 2025, at Feldheym Central Library, San Bernardino, CA.

CALL TO ORDER

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3:30 P.M.

CLOSED SESSION PUBLIC COMMENT
There were no public comments or requests to speak for Closed Session.

Prior to convening to Closed Session, Assistant City Attorney Albert Maldonado stated that as in recent previous meetings, one of the items of Anticipated Litigation involved ongoing issues between the City and Mandeville Modular.

He also noted that the originally posted Agenda identified Item A)i) as “Mark” Brown v.

City of San Bernardino, but the correct nam e is “ Matthew” Brown v. City of San Bernardino. A revised agenda had been posted online. Maldonado clarified that since the case number was correct and the error not substantive, the item could still proceed.

A) CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Pursuant to Government Code Section 54956.9(a) and (d)(1):
i.) Matthew Brown v. City of San Bernardino, San Bernardino Superior Court Case No. CIVSB2025900
ii.
) Ricardo Paniagua v. City of San Bernardino, et al., United States District Court Case No. 5:25
-
cv-01181
-S
SS
iii.
) San Bernardino Development Company, LLC v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVSB2405584
B) CO

NFERENCE WITH LEGAL COUNSEL - S
ignificant Exposure to Litigation
(Pursuant to Government Code Section 54956.9(d)(2)): (2) Cases C) P
UBLIC EMPLOYEE APPOINTMENT (Pursuant to Government Code Section 54957) City Clerk (Discussion; Appointment)
5:00 PM
The Regular Meeting of the Mayor and City Council of the City of San Bernardino was called to order at 5:09 p.m. by Mayor Helen Tran on Wednesday, September 17, 2025, at Feldheym Central Library, San Bernardino, CA.

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INVOCATION AND PLEDGE OF ALLEGIANCE
Deacon Nelson Glass from Our Lady of the Assumption Church led the invocation, and Vernae Palmer from Lankershim Elementary School led the Pledge of Allegiance to the Flag.

CLOSED SESSION REPORT
Assistant City Attorney Maldonado reported that there was a unanimous vote to approve a settlement in the matter of Item A)ii) on the Closed Session Agenda (Ricardo Paniagua v. City of San Bernardino, et al.). The motion was made by Council Member Shorett and Seconded by Council Member Sanchez.

Regarding Item C), there was a motion made by Council Member Sanchez, seconded by Council Member Shorett, to appoint Acting City Clerk Telicia Lopez to the City Clerk position. The motion passed 6- 2, with Council Member Ortiz and Mayor Tran voting in opposition. The appointment will be finalized upon approval of a contract presented at the October 1, 2025 Regular Mayor and City Council Meeting.

PRESENTATIONS

1. Citizen(s) of the Month – The Essential Barber Club

Council Member Sanchez presented the certificate to Stevie Valencia, Jr. Mr. Valencia thanked the Mayor and City Council for the recognition.

2. Proclamation for Hispanic Heritage Month – September 15 – October 15, 2025 (All Wards)

The Mayor and City Council presented the certificate to members of the Hispanic Chamber of Commerce.

3. Proclamation for California Native American Day in the City of San Bernardino – September 26, 2025 (All Wards)

The Mayor and City Council presented the proclamation to Assembly Member James Ramos.

PUBLIC HEARING

4. Continuation, September 17, 2025, of Public Hearing to Adopt Resolution Denying or Approving Appeal 2406 of Planning Commission's Approval of Resolution 2024034 PC that Restored the Conditions of Approval for Administrative Development Permit 22020 (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Adopt Resolution No. 2025-352 of the Mayor and City Council of the City of San Bernardino, California denying Appeal 24- 06 of Appeal 24- 05, thereby upholding the Planning Commission’s approval of Appeal 24- 05, which restored the deleted conditions of approval 20 (twenty) through 26 (twenty -six) that were redacted within the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23- 01 for Administrative

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Development Permit 22-020; for the property located at 379 E. Industrial Road on 0.83 acres (APN: 0141-581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 1 (A1)).

2. Adopt Resolution No. 2025-353 of the Mayor and City Council of the City of San Bernardino, California approving Appeal 24-06, thereby overturning the Planning Commission’s approval of Appeal 24-05, regarding conditions of approval 20 (twenty) through 26 (twenty-six), that were redacted through the Community Development and Housing Departments approval of Amendment to Conditions of Approval 23-01 originally drafted for Administrative
Development Permit 22-020; for the property located at 379 E.

Industrial Road on 0.83 acres (APN: 0141- 581-03) within the Industrial Light (IL) zone, Ward 3 (Attachment 3 (A2)).

Mayor Tran opened the quasi-judicial Public Hearing at 5:30 p.m.

Acting City Clerk Telicia Lopez administered the Oath of Allegiance to the public commenter and the appellants.

Mayor Pro-Tem Figueroa announced that he received a call from one of the appellants approximately two years ago. He reported that he did not speak to them regarding the matter but instead referred them to staff.

Director of Community Development and Housing Gabriel Elliott provided a synopsis of the background of this item.

Kendra Carney Mehr, attorney for ADESA International, spoke in favor of Recommendation No. 2, approving Appeal No. 24- 06. Mohammed G hods, attorney for Waterman Business Center Association, argued in favor of Recommendation No. 1, denying Appeal No. 24-06.

There was one public comment:

Dolores Armstead spoke in support of recommendation No. 1, adopting Resolution No. 2025-352 denying Appeal 24-06.

Mayor Tran closed the Public Hearing at 6:43 p.m.

Council Member Sanchez made a motion to approve Staff Recommendation No. 2.

There was no second to the motion.

Council Member Ortiz made a substitute motion to approve Recommendation No. 1.

She then asked staff if the Mayor and City Council could direct the appellants to continue negotiations before a decision is made.

City Manager Eric Levitt announced that he had discussed that option with the City Attorney, and that the Mayor and City Council did have the option to close the Public Hearing and direct the appellants to attempt to come to an agreement on this issue.

After hearing staff’s presentation, testimony and rebuttals from both appellants, and the City Manager’s opinion, the Mayor and City Council came to a consensus that this

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matter was primarily civil, and the City should not have been involved in the dispute.

They ultimately directed both parties to re- attempt negotiations in order to reach an agreement. Council Ibarra made the motion, seconded by Council Member Knaus.

RESULT: CLOSED THE PUBLIC HEARING AND CONTINUED THE ITEM FOR 45 DAYS TO ALLOW THE APPELLANTS TIME TO REACH
AN AGREEMENT. IF NO AGREEMENT IS REACHED, THE ITEM
WILL RETURN TO THE NOVEMBER 19, 2025 REGULAR MAYOR

AND CITY COUNCIL MEETING FOR DECISION BY THE MAYOR
AND CITY COUNCIL [70]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

5. Approval of the Draft Fiscal Year 20242025 Consolidated Annual Performance and Evaluation Report (CAPER) to the US Department of Housing and Urban Development (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. C
onduct a public hearing on the draft Fiscal Year 2024
-202
5 Consolidated
Annual Performance and Evaluation Report; and

2. Authorize its submission to the United States Department of Housing and Urban Development; and

3. A
uthorize the City Manager or designee to take any further actions and execute any additional documents necessary to effectuate the submission of the Fiscal Year 2024
-20
25 Consolidated Annual
Performance and Evaluation Report.

Mayor Tran opened the Public Hearing at 7:02 p.m.

Housing Division Manager Trina Perez provided a brief summary of the report.

There were two public comments:

Alisha Nash spoke about homelessness prevention efforts. She also spoke about “slumlords” in the City and advised that they should not be receiving any federal funding.

Ashley Dial echoed the previous commenter’s sentiments. She asked the Mayor and City Council to take action against deficient landlords.

The Public Hearing was closed at approximately 7:15 p.m.

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RESULT: APPROVED STAFF’S RECOMMENDATION [70]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Treasure Ortiz, Council Member, Ward 7
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

CITY MANAGER UPDATE
At this time, City Manager Eric Levitt provided updates to the community . Highlights includes the City receiving a “Clean California” designation, homeless encampment team activities, and celebration of the Feldheym Library’s 40th Anniversary.

PUBLIC COMMENTS FOR ITEMS LISTED AND NOT LISTED ON THE AGENDA Al Palazzo reflected on ideas he has for the City and said he could bring improvements if he were Community and Economic Development Director.

Mike Hartley said the C ity’s culture and mindset must change for people to want to come to San Bernardino and expressed concern about possible campaign donations from PAMA management to Council Members.

Christian Shaughnessy expressed support for Item No. 13 and Item No. 19.

Kim Calvin criticized C ouncil Members for past decisions about City Managers and the navigation center, and said those responsible should not seek re-election.

Luis Ojeda described safety concerns at a local shopping center and spoke about the persistence of homelessness despite city spending.

Erick Marquez delivered comments in Spanish directed at a C ouncil Member. ( Mr.

Marquez chose not to have his comments interpreted by the on-site interpreter.)

Georgia L. urged installation of cameras at the animal shelter, criticized city priorities, and questioned council candidates’ performance on homelessness and downtown development.

Jim Smith announced a presentation by Native Sons of the Golden West and emphasized the importance of preserving San Bernardino’s history.

Ronnika Ngalande spoke about concerns over division and lack of trust in the C ity and called for transparency, integrity, and collaboration to rebuild the community.

John Schollenberger raised concerns about campaign donations, transparency regarding the “ Oxbow” project, and statements made by commissioners and City officials.

Ron Alvarado called for unity across wards and spoke in favor of Item. No. 11.

Harry Hatch raised concerns about fireworks ordinances not being enforced, and suggested using standard court citations instead of administrative fees.

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Robert Carrillo encouraged the city to support Hispanic entrepreneurs and noted issues with planning department delays that hinder development.

Esther Gonzalez discussed homelessness, tenant rights, and affordable housing concerns, and urged the City to enforce accountability among landlords.

Ruben Mendoza spoke about affordable housing models in the City of Vienna, shared ideas about zoning protections and rent control, and encouraged long- term planning to address housing issues.

CONSENT CALENDAR
Items on the Consent Calendar are considered routine and are voted on in a single motion unless a council or staff member has pulled the item for more discussion.

Prior to hearing the Consent Calendar, Assistant Attorney Maldonado announced that Council Members do not have to recuse themselves from a Consent Calendar item unless it is pulled for a separate vote or discussion.

RESULT: APPROVED THE CONSENT CALENDAR AND PULLED ITEM NO. 13 FOR A SEPARATE VOTE [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

6. Approval of Various Mayor and City Council Meeting Minutes Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the meeting minutes for the following dates:

1. April 2, 2025 Regular Meeting Draft Minutes

2. June 18, 2025 Regular Meeting Draft Minutes

3. July 16, 2025 Regular Meeting Draft Minutes

4. August 13, 2025 Special Meeting Draft Minutes

RESULT: APPROVED STAFF’S RECOMMENDATION [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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7. Irrevocable Agreement to Annex No. 2025385 to Provide Sewer Services (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025
-3
67:

1. A
pproving the application to the Local Agency Formation
Commission to provide City sewer services to a property located at 2326 Portola Street, San Bernardino, California, within the unincorporated community of San Bernardino County; and

2. Authorizing the City Manager to execute an Irrevocable Agreement to Annex.

RESULT: A DOPTED RESOLUTION NO. 202536 7 [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

8. Resolution Declaring Intent to Annex Territory: Community Facilities District No. 20191 (Maintenance Services): Annexation No. 51, Tax Zone No. 51 (Cajon Industrial Park located at the northwest corner of Institution Road and Southern Pacific RR) (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025
-368
:

1. A
uthorizing the Mayor and City Council of San Bernardino, California, declaring its intention to annex territory into Community Facilities District No. 2019
-1 (
Maintenan ce Services) of the City
of San Bernardino, adopting a map of the area to be proposed (Annexation No. 51); and

2. A
uthorizing the levy of special taxes therein.

RESULT: A DOPTED RESOLUTION NO. 202536 8 [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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9. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for July 2025 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial, payroll disbursements and purchasing card transactions for July 2025.

10. Investment Portfolio Report for July 2025 (All Wards) Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Monthly Investment Portfolio Report for July 2025.

11. Adoption of Resolution, Establishing the Start Time for the Parks, Recreation and Community Services Commission Regular Meetings (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025
-36
9 establishing the start time for the
regular meetings of the Parks, Recreation and Community Services Commission.

RESULT: A DOPTED RESOLUTION NO. 202536 9 [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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12. Authorize the City Manager to Execute Amendment No.1 to the Law Enforcement Services Agreement with the San Bernardino International Airport Authority (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to execute the proposed First Amendment to the Law Enforcement Services Agreement between the City of San Bernardino and the San Bernardino International Airport Authority.

13. Acceptance of Yuhaaviatam of San Manuel Nation Grant Award Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California (“City”) adopt Resolution No. 2025
-370 a
uthorizing:

1. T
he acceptance of the Yuhaaviatam of San Manuel Nation Grant Award; and

2. The amendment of the Fiscal Year 2025/2026 adopted Budget in both revenue and expenditures by $200,000.

Council Member Ortiz pulled this item for further discussion. Council Members Shorett, Sanchez, Knaus initially recused themselves from this item due to a conflict of interest for receiving campaign contributions from San Manuel.

Council Member Ortiz asked Police Chief Goodman if this would be an ongoing grant. Chief Goodman stated that this was a one- time grant, and future expenses would be covered by the department’s budget.

The initial motion to adopt the resolution was approved, however upon return of the recused Council Members to the dais, Council Member Sanchez asked if the Mayor should have recused herself as well since she also received donations from San Manuel. City Attorney Maldonado confirmed that per the Levine act, members should recuse themselves even if they do not vote on the item. The Mayor then cited her conflict of interest due to receiving campaign contributions from San Manuel.

Council Members Shorett, Sanchez, Knaus and Mayor Tran then left the dais again so the item could be voted upon once more.

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RESULT: A DOPTED RESOLUTION NO. 202537 0 [40]
MOVER: Sandra Ibarra, Council Member, Ward 2
SECONDER: Treasure Ortiz, Council Member, Ward 5
AYES: Ibarra, Figueroa, Flores, Ortiz
NOES: None
RECUSE: Sanchez, Shorett, Knaus, Mayor Tran

Council Members Shorett, Sanchez, Knaus and Mayor Tran returned to the dais after the conclusion of the vote on item No. 13.

14. Approve Amendment No. 2 to the Agreement with Z & K Consultants, Inc. for Nicholson Park Construction Management and Construction Inspection Services for $167,156.21 for a total amount not to exceed $844,794 (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve Amendment No. 2 to the Professional Services Agreement with Z & K Consultants, Inc. in the amount of $167,156.21 for the Construction Management and Construction Inspection Services for Nicholson Park Improvements, increasing the not to exceed amount to $844,794 (Project); and

2. Authorize the City Manager or designee to execute all documents with Z & K Consultants, Inc.; and

3. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the project.

Council Member Flores announced that he would abstain from this item, due to residing within 500 feet of the project. Council Member Flores remained at the dais during the vote, and his abstention was noted.

RESULT: APPROVED STAFF’S RECOMMENDATION [60]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Ortiz
NOES: None
ABSTAIN: Flores

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15. Authorization to Issue Two Task Orders with Infrastructure Engineers for Inspection Services in Support of the City’s Capital Improvement Program and Land Development for a total amount not to exceed $450,000 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. A
pprove Task Order No. 2026
-00
1 with Infrastructure Engineers, A
Bowman Company, in the amount of $250,000 for inspection services in support of the City’s Capital Improvement Program (CIP); and

2. A
pprove Task Order No. 2026
-00
2 with Infrastructure Engineers, A
Bowman Company, in the amount of $200,000 for inspection services in support of the Land Development Division; and

3. A
uthorize the City Manager, or designee, to execute both task orders and any related documents necessary to implement these services, consistent with the terms of the existing Professional Services Agreement with Infrastructure Engineers.

16. Authorization to Issue Two Task Orders with Willdan Engineering for Plan Check, and Staff Augmentation Services in Support of the Land Development Division for a total amount not to exceed $800,000 (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. A
uthorize Task Order No. 2026
-00
1 with Willdan Engineering in the
amount of $600,000 for the provision of plan check services in support of the Land Development Division; and

2. A
uthorize Task Order No. 2026
-00
2 with Willdan Engineering in the
amount of $200,000 for the provision of staff augmentation in support of the Land Development Division; and

3. A
uthorize the City Manager or designee to execute both task orders and any related documents necessary to implement these
services, consistent with the terms of the existing on
-c
all Professional
Services Agreement with Willdan Engineering.

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17. Approve the Memorandum of Understanding with the San Bernardino Municipal Water Department for the Total Lease Amount Not to Exceed $354,098 for Water Department Property (Ward 3)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California adopt Resolution 2025
-37
1:

1. A
uthorizing the City Manager to Execute the Memorandum of Understanding (MOU) with the San Bernardino Municipal Water Department (SBMWD) for the lease of Water Department Property at 333 Chandler Place; and

2. Authorizing the Director of Finance and Management Services to amend the FY 2025/26 Animal Shelter operating budget in the amount of $66,696.00 for the lease of Water Department Property at 333 Chandler Place.

RESULT: ADOPTED RESOLUTION NO. 202537 1 [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

ITEMS TO BE CONSIDERED FOR FUTURE MEETINGS
There was consensus amongst the Mayor and City Council to vote on items 18- 20 in one motion. The Council also discussed the timeliness of the items and directed staff to prioritize them appropriately.

RESULT: APPROVED ITEMS 182 0 TO BE CONSIDERED AT FUTURE MEETINGS [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

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18. Discuss a Potential for a OneYear Moratorium on the Sale and Use of Fireworks Within the City of San Bernardino and/or Restriction on Permitting and/or Increasing Fines and Enforcement; to be Brought Back to the City Council Within the Next 60 Days (All Wards) – (Council Member Ortiz)

RESULT: APPROVED ITEM NO. 18 TO BE CONSIDERED AT A FUTURE MEETING [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

19. Direct Staff to Research and Bring Back a Policy Proposal Within 45 Days Evaluating the Feasibility of Requiring All Public and Private Homeless Shelters, Interim Housing Facilities, Homeless Recuperative Care Centers and Similar Facilities Operating Within the City of San Bernardino to Allocate of Minimum of 40% of Beds, Rooms and Service to the City of San Bernardino to Effectively Address the City’s Unhoused Population, Demonstrate the Ability to Provide Shareable Data (As the Law Permits) and Track Participant Outcomes for No Less Than Six months, Submit a 12 Month Security Plan Annually for Approval, Reimbursement Requirement for Any Nuisance Complaints and Increased Service Demands as a Result of the Project, and Complete Interior and Exterior Facility Upgrades that Enhance Neighborhood Aesthetics and Align with Current City Standards. (All Wards) (Council Member Knaus)

RESULT: APPROVED ITEM NO. 19 TO BE CONSIDERED AT A FUTURE MEETING [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

20. Direct the City Manager to Convene a Special Meeting or Workshop of the Mayor and City Council Within 30 to 60 Days to Provide a Comprehensive Update on the Navigation Center and CityFunded Homeless Service Contractors, Including Project Status, timeline, Budget, Funding, and Performance Outcomes from 2022 to Present. (All Wards) (Council Member Shorett)

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RESULT: APPROVED ITEM NO. 20 TO BE CONSIDERED AT A FUTURE MEETING [70]
MOVER: Theodore Sanchez, Council Member, Ward 1
SECONDER: Kim Knaus, Council Member, Ward 5
AYES: Sanchez, Ibarra, Figueroa, Shorett, Knaus, Flores, Ortiz NOES: None

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS At this time, the Mayor and City Council provided updates to the community. Topics included an upcoming Air Show, c ommunity meetings, and the “Mr. and Mrs. Cardinal” Pageant at San Bernardino High School.

ADJOURNMENT
The meeting of the Mayor and City Council was adjourned on Wednesday, September 17, 2025, at 8:33 p.m. The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will adjourn to the Regular Meeting on Wednesday, October 1 , 2025, at the Feldheym Central Library located at 555 West 6
th Street, San Bernardino, California, 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC, City Clerk

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City of San Bernardino
201 North E Street
San Bernardino, CA 92401
http://www.sbcity.org

DRAFT MINUTES

For The
Special Meeting of the Mayor and City Council of the City of San Bernardino, Mayor and City Council of the City of San Bernardino Acting as the Successor Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Successor Housing Agency to the Redevelopment Agency, Mayor and City Council of the City of San Bernardino Acting as the Housing Authority, and Mayor and City Council of the City of San Bernardino Acting as the San Bernardino Joint Powers Financing Authority

TUESDAY, OCTOBER 14, 2025
4:00 P.M.

The Special Meeting and State of the City of the Mayor and City Council of the City of San Bernardino and State of the City Event was called to order at 4:12 p.m. by Mayor Helen Tran on Tuesday, October 14, 2025, at the Will Rogers Room at the California Theatre, located at 562 West 4
th Street, San Bernardino, California 92402.

CALL TO ORDER
Attendee Name Title Status Arrived
Theodore Sanchez Council Member, Ward 1 Present
Sandra Ibarra Council Member, Ward 2 Late 5:30 p.m.

Juan Figueroa Mayor Pro-Tem, Ward 3 Late 5:30 p.m.

Fred Shorett Council Member, Ward 4 Present
Kim Knaus Council Member, Ward 5 Late 5:30 p.m.

Mario Flores Council Member, Ward 6 Present
Dr. Treasure Ortiz Council Member, Ward 7 Present
Helen Tran Mayor Present
Eric Levitt City Manager Present
Albert Maldonado City Attorney Present
Telicia Lopez Acting City Clerk Present

Mayor Helen Tran
Council Members
Theodore Sanchez
Sandra Ibarra
Juan Figueroa
Fred Shorett
Kim Knaus
Mario Flores
Dr. Treasure Ortiz

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Special Meeting Draft Minutes October 14, 2025
Mayor and City Council of the City of San Bernardino Page 2

4:00 PM

PUBLIC COMMENTS FOR ITEMS LISTED ON THE AGENDA
ZaZette Scott with the Family Assistance Program, spoke about Domestic Violence Awareness Month. She stated that her organization provides services to victims of domestic violence. She requested support and advocacy from the Mayor and City Council.

4:30 PM
The reception began at approximately 4:30 p.m.

RECEPTION
Guests of the State of the City enjoyed an outdoor reception.

5:30 PM
The State of the City convened at approximately 5:42 p.m.

PROGRAM

1. State of the City Presentation
Members of the San Bernardino Symphony Youth Orchestra opened the ceremony with a musical performance.

Public Information Officer Jeff Kraus introduced the Mayor and City Council members, award recipients, special guests and dignitaries, and event sponsors.

San Bernardino High School Alumnus Tistantje “Tristan” Mondragon sang the National Anthem.

Land Acknowledgment was performed by members of the Yuhaaviatam Nation Assembly Member James Ramos Sr., James Ramos, Jr., and Trevor Mathews.

The Mayor and City Council Presented a “Key to the City ” symbolic award w as presented to Yuhaaviatam of San Manuel Nation and accepted by the tribe, including Board of Directors Secretary Audrey Martinez and Gage Hernandez of the Youth Committee.

The Mayor and City Council Presented a “Key to the City” symbolic award was also presented to Tomas Morales, President of California State University San Bernardino.

The award was accepted by CSUSB Vice President of Advancement, Ray Watts, on behalf of President Morales.

The Mayor and City Council took turns speaking about accomplishments in the City, including commercial development, economic growth, completed projects , homelessness, and crime statistics. The presentation also included “Rosemary’s Story”, an inspiring narrative about how the City’s homeless assistance programs helped one family, as well as a short video from members of the new Tesla Facility thanking City staff for their collaboration.

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Special Meeting Draft Minutes October 14, 2025
Mayor and City Council of the City of San Bernardino Page 3

Mayor Tran closed the meeting by expressing optimism for the City’s future and thanking guests and the public for their attendance.

ADJOURNMENT
The Special Meeting and State of the City of the Mayor and City Council and State of the City event was adjourned on Tuesday, October 14, 2025 at approximately 7:17 p.m.

The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on Wednesday, October 15, 2025, at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410. Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

Telicia Lopez, CMC, City Clerk

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: November 5, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Approve Amendment No. 1 to the Agreement with
Mandeville Modular for the Navigation Center’s Modular
Units Extending the Contract Term Date Through
December 31, 2026, and Increasing the Not-To-Exceed
Amount by $224,406.14; Approve Change Order No. 2; and
Authorize an Additional Allocation of $214,420 in Project Contingencies (Ward 1)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Approve Amendment No. 1 to the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular extending the term of the Original Agreement through December 31, 2026, and increasing the not-to-exceed amount by $224,406.14 for a new total contract amount not to exceed $10,317,433.14; and

2. Approve Change Order No. 2 with Mandeville Modular in the amount of $1,239,668 for structural steel cost increases; and

3. Authorize additional project contingencies in the amount of $214,420, increasing the total project budget for the modular units to $10,531,853.14; and

4. Authorize the City Manager, or designee, to expend the contingency fund, if necessary, to complete the project.

City Manager's Comments
The City Manager recommends approval. This will provide for additional contingency subject to the City Manager review and approval of construction costs. One of the major unknowns at this time is the construction for the cost for the site development.

Executive Summary
The development of the City’s Navigation Center has incurred additional expenses totaling $1,540,888.14 in change orders from Mandeville Modular, exceeding the

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contingency budget by $224,406.14. These change orders resulted from inflation- related cost increases for steel that occurred during the design process (Change Order 2), and the inclusion of additional design enhancements directed by the City (Change Order 3). To maintain the design development progress of the project, the City approved Change Order 3 utilizing the existing contingency budget while Change Order 2 was still undergoing review. Due to the insufficient contingency funding to absorb both change orders, Change Order 2 now requires Council approval. To fully cover the costs of Change Order 2, Amendment No. 1 increases the agreement’s not- to-exceed amount by $224,406.14. Additionally, staff recommend an additional contingency of $214,420 as a separate budget allocation for any future unforeseen costs. Combined, these two amounts increase the total project contingency from 15% to 20%. These increases have no impact on the City’s General Fund; Amendment No. 1 will be funded by the Inland Empire Health Plan Grant (IEHP), and the additional contingency by the Molina Healthcare Grant, both of which are already allocated to the Navigation Center’s Capital Improvement Program (CIP) development budget.

Background
The SB HOPE Campus, also known as the Navigation Center, is a 200-bed hybrid congregate/non-congregate shelter that serves as a cornerstone of the City’s strategy to address homelessness. The facility will provide interim housing, recuperative care, and an extensive range of onsite supportive services designed to promote stability and self-sufficiency, including case management services, homeless diversion programs, and workforce development programs.

To support the design and construction of the SB HOPE Campus, a total of $21,970,382 in restricted grant funds has been allocated to the project’s overall development budget. Of this amount, $11,810,624.13 has been spent and/or obligated through contracts and purchase orders, resulting in a remaining available budget of $10,159,757.87. It is important to note that this figure represents only the approved funding that is currently available for development-related expenses; it does not include funding for operations or other administrative-related costs.

Design and Construction Funding Sources
Source Total
Funding
Spent and/or
Obligated
Amount
Available
Expenditure
Deadline
ARPA $11,344,785 $11,344,785 $0 Dec. 31, 2026
CDBG $3,397,541 $0 $3,397,541 April 30th*
Dignity Health $250,000 $0 $250,000 June 30, 2026
HHAP-3 $808,385 $465,839.13 $342,545.87 June 30, 2026
HOME-ARP $4,299,671 $0 $4,299,671 Sept 30, 2030
Inland Empire Health $1,500,000 $0 $1,500,000 June 30, 2026 Loma Linda University $70,000 $0 $70,000 N/A
Molina Healthcare $300,000 $0 $300,000 March 4, 2027
TOTAL $21,970,382 $11,810,624.13 $10,159,757.87
*For CDBG timeliness, the City cannot carry over 1.5x of its annual allocation in unspent CDBG funds to the following fiscal year.

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Mandeville Modular Contract
On December 4, 2024, the Mayor and City Council approved a hybrid Design Services and Goods Purchase Agreement with Mandeville Modular in the amount of $10,093,027 using American Rescue Plan Act (ARPA) funds. This agreement combines a traditional Design Services Agreement with a Goods Purchase Agreement, where Mandeville Modular is both the project designer for the SB HOPE Campus and the modular manufacturer. Of the contract amount, $8,776,545 is for the design and modular manufacturing costs of the campus and $1,316,482 is for a 15% project contingency. The purpose of the project’s contingency is to cover unforeseen expenses and to provide the City with additional flexibility in exploring expanded design and engineering options that may increase the overall costs. Since the contingency budget for this project utilizes ARPA funds, the contingency amount was incorporated directly into the agreement itself so that these funds would be formally obligated by December 31, 2024, as required by the United States Treasury. The agreement with Mandeville Modular is set to expire on December 31, 2025, unless otherwise amended.

Change Orders
During the design development phase of the SB HOPE Campus, inflation and other market forces affecting the supply and demand for domestic steel resulted in a 30% cost increase for these materials. These increased costs resulted in Change Order 2 totaling $1,239,668. In addition, City staff identified opportunities to enhance the project by adding a flexible space to support expanded onsite services and by enlarging the security screening and intake area for improved functionality. These enhancements resulted in Change Order 3 totaling $301,220.14. To maintain the design development progress of the project, the City approved Change Order 3 utilizing the existing contingency budget while Change Order 2 was still undergoing review. Currently, there are insufficient funds to approve Change Order 2 without a contract amendment, which now requires Council approval. In total, the project has incurred $1,540,888.14 in change orders, which exceeds the existing 15% contingency budget by $224,406.14.

Mandeville Modular Agreement
Design & Manufacturing Costs $8,776,545.00
15% Contingency (Contract) $1,316,482.00
Total Contract Funding $10,093,027.00

15% Contingency (Contract) $1,316,482.00
Change Order 1 No Cost (time extension)
Change Order 2 $1,239,668.00
Change Order 3 $301,220.14
Total Change Orders $1,540,888.14
Contingency Balance $ (224,406.14)
Discussion
Amendment No. 1 to the Agreement with Mandeville Modular extends the term of the agreement through December 31, 2026, and increases the agreement’s not-to-exceed amount by $224,406.14. This raises the contingency budget that was incorporated

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into the original agreement to $1,540,888.14 and brings the total contract not-to- exceed amount to $10,317,433.14. This additional contract funding will fully fund the outstanding change order and help ensure project completion.

Staff also recommend the allocation of $214,420 in additional project contingencies to absorb any future unforeseen costs. This additional contingency amount will be a separate budget allocation for the project and will only be utilized by the City Manager if necessary. When combined with the contingency amounts that are incorporated into the agreement, including the increase in Amendment No. 1, the total contingency amount for the project will be 20%. Mandeville Modular has stated that they do not have any other change orders pending for materials, and that all necessary components to complete the project have been procured, indicating that future change orders are unlikely.

Amended Mandeville Modular Agreement and Project Budget Design & Manufacturing Costs $8,776,545.00
15% Contingency (Contract) $1,316,482.00
Additional Contingency (Amendment 1) $224,406.14
New Total Contract Funding $10,317,433.14
Separate Project Contingency $214,420.00
Total Project Budget $10,531,853.14
Total Contingency (20%) $1,755,308.14
Change Order 1 No Cost (time extension)
Change Order 2 $1,239,668.00
Change Order 3 $301,220.14
Total Change Orders $1,540,888.14
Contingency Balance $214,420.00
Expenditure Strategy and Future Budget Actions
The City currently has a balance of $10,159,757.87 in available funding dedicated to the development of the SB HOPE Campus. Due to the multiple layers of funding sources associated with the project, each with their own rules and deadlines, it is important to weigh known and anticipated expenditure timeframes against expenditure deadlines. To fund both Amendment No. 1 and the separate project contingency, the City will utilize the IEHP and Molina Healthcare grants as follows:

Additional Project Funding
Project Component Funding Source Amount
Amendment No. 1 IEHP Grant $224,406.14
Separate Project Contingency Molina Healthcare Grant $214,420.00 Total Increase: $438,826.14
The IEHP Grant has an expenditure deadline of June 30, 2026, and the outstanding change order is an eligible expense under the grant terms. Utilizing this grant for

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Amendment No. 1, which addresses the additional $224,406.14 in funding needed to pay the outstanding change order, will help ensure that the City meets the grant’s expenditure deadline.

The additional project contingency budget of $214,420.86 will be funded with the Molina Healthcare Grant. This grant has an expenditure deadline of March 4, 2027, and is eligible to be used for both construction and post-construction activities. As a result, this funding source provides for more flexibility in its utilization, allowing the City to more easily reallocate any unspent contingency funds from this source to other agreements in the development of the SB HOPE Campus.

Approval of Amendment No. 1 and the additional project contingency allocation will increase the project budget for the modular units by $438,826.14, for a new total project budget of $10,531,853.14. As a result, the remaining available development budget for the Navigation Center will be $9,720,931.73. The City anticipates that these remaining funds will be fully utilized by the contract award for a general contractor, who will perform the on-site improvements for the SB HOPE Campus, and through a contract amendment with CREDE Construction Advisory in order to continue their construction management and inspection services. City staff are also exploring other funding sources for the development budget in the event that additional funds are needed.

Project Timeline Update
The City is currently anticipating for the project to be completed prior to December 31, 2026. The next major milestone will be the contract award for a general contractor; currently, City staff are drafting a formal request for bids for the procurement of a general contractor, which is scheduled to be released on November 6, 2025, with an anticipated contract award date in January 2026.

Following the selection of a general contractor and the commencement of on-site construction, the modular units will finish production and are anticipated to be delivered to the site in April or May 2026. Once delivered, the general contractor will perform the final installation of the units, including anchoring the modular units to the foundation, performing the utility hookups, and completing a “punchlist” of any final corrections.

This is anticipated to last through October 2026. Additionally, the General Contractor will perform the final site improvements such as concrete paving, landscaping, and irrigation installation, which are expected to be completed in December 2026.

Modular Unit Manufacturing Update
The modular units are currently in full production at Mandeville Modular’s Palmdale facility. The non-congregate units are the furthest along in production, with drywall and plumbing being installed. On the following pages are pictures showing the status of the modular unit manufacturing at Mandeville Modular’s Palmdale facility. The pictures were taken by CREDE Construction Advisory during an inspection visit on October 21, 2025.

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2021-2025 Strategic Targets and Goals
Approving Amendment No. 1 to the Agreement with Mandeville Modular aligns with Key Target No. 3: Improved Quality of Life. The successful completion of the SB HOPE Campus will provide the City’s unhoused population with interim housing, recuperative care, and an extensive range of onsite supportive services designed to promote stability and self-sufficiency.

Fiscal Impact
The fiscal impact associated with this item is $438,827, which will be funded by $224,406.14 in IEHP Grant Funds for Amendment No. 1 and $214,420.86 in Molina Healthcare Grant Funds for the separate project contingency allocation. There is sufficient budget available in the FY25/26 Capital Improvement Program (CIP) budget under the Navigation Center CIP project to fully cover the costs associated with this item’s actions.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California,

1. Approve Amendment No. 1 to the Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular extending the term of the Original Agreement through December 31, 2026, and increasing the not-to-exceed amount by $224,406.14 for a new total contract amount not to exceed $10,317,433.14; and

2. Approve Change Order No. 2 with Mandeville Modular in the amount of $1,239,668 for structural steel cost increases; and

3. Authorize additional project contingencies in the amount of $214,420, increasing the total project budget for the modular units to $10,531,853.14; and

4. Authorize the City Manager, or designee, to expend the contingency fund, if necessary, to complete the project.

Attachments
Attachment 1 – Amendment No. 1 to the Agreement with Mandeville Modular Attachment 2 – Original Agreement with Mandeville Modular Attachment 3 – Change Order No. 2 with Mandeville Modular Attachment 4 – Change Order No. 3 with Mandeville Modular Ward:

First Ward
Synopsis of Previous Council Actions:

December 4, 2024 Mayor and City Council approved an Agreement for Design Services and Purchase and Delivery of Goods with Mandeville Modular in the amount of $10,093,027.

CC: Eric Levitt, City Manager

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AMENDMENT NO. 1 TO

AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE AND DELIVERY OF

GOODS WITH MANDEVILLE MODULAR

This Amendment No. 1 to the Agreement for Design Services and for Purchase and Delivery of Goods is made and entered into as of November 5, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Mandeville Modular, a California Corporation with its principal place of business at 39516 30th Street East, Palmdale, California 93550 (“Company”). City and Company are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Company have entered into an agreement, dated December 4, 2024, for the purpose of providing professional design services and the manufacturing and delivery of modular buildings (the “Original Agreement”).

B. WHEREAS, the Parties now desire to amend the Original Agreement to extend the term of the Original Agreement for an additional term of one (1) year, and to increase the contract contingency amount by Two Hundred Twenty-Four Thousand Four Hundred Six Dollars and Fourteen Cents ($224,406.14) for a new total contract amount not to exceed Ten Million Three Hundred Seventeen Thousand Four Hundred Thirty - Three Dollars and Fourteen Cents ($10,317,433.14).

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Original Agreement, the Parties mutually agree as follows:

AGREEMENT

1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.

2. Term. The term of the Original Agreement shall be extended for an additional term of one (1) year through December 31, 2026, unless earlier terminated or completed.

3. Compensation. The total compensation for services performed pursuant to this Amendment No. 1 shall not exceed Ten Million Three Hundred Seventeen Thousand Four Hundred Thirty-Three Dollars and Fourteen Cents ($10,317,433.14).

4. Amendment to Exhibit D. Exhibit D shall be removed in its entirety and replaced with the attachment, “Exhibit D: Updated Fee Rates for Modular Buildings and Other Equipment.”

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5. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

6. Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No. 1 for all purposes. This Amendment No. 1 may be signed using an electronic signature.

7. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]

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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO AGREEMENT FOR DESIGN SERVICES AND FOR

PURCHASE AND DELIVERY OF GOODS WITH MANDEVILLE MODULAR

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

COMPANY

MANDEVILLE MODULAR

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EXHIBIT D

UPDATED FEE RATES FOR MODULAR BUILDINGS AND OTHER EQUIPMENT Description Total Cost
Architecture, Structural Engineer, Civil, MEP $685,045 CASP Design and Review $48,500
Volumetric Modular Units $7,938,000
Project Management $105,000
Total Estimated Cost $8,776,545

Contingency $1,540,888.14
Total Estimated Cost w/ Contingency $10,317,433.14

The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used in the amount of $10,093,027.

The Inland Empire Health Plan Grant (IEHP) will be used in the amount of $224,406.14.

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1 CITY OF SAN BERNARDINO

AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE AND DELIVERY OF GOODS

1. PARTIES AND DATE.

This Agreement is made and entered into as December 4, 2024 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, California 92401 (“City”), and Mandeville Modular, a California Corporation with its principal place of business at 39516 30th Street East, Palmdale, California 93550 (hereinafter referred to as “Company”). City and Company are sometimes individually referred to herein as “Party” and collectively as “Parties.”

2. RECITALS.

2.1 City. City is a municipal corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.

2.2 Company. Company desires to perform and assume responsibility for the provision of certain professional design services and manufacturing and delivery of modular buildings required by the City on the terms and conditions set forth in this Agreement. Company warrants that it is fully licensed, qualified, and willing to perform the services required by this Agreement; provided, however, that if Company is a corporation or other organization, the Project Designer designated pursuant to Section 3.2, and not the Company itself, shall be fully licensed to practice as an architect and/or engineer in the State of California.

2.3 Project. City desires to engage Company to render such services for the San Bernardino Hope Campus ("Project") as set forth in this Agreement.

3. TERMS

3.1 Employment of Company.

3.1.1 Scope of Services . Company promises and agrees to furnish to City all labor, materials, tools, equipment, goods, services, and incidental and customary work necessary to fully and adequately supply the professional design and related services necessary for the full and adequate completion of the Project consistent with the provisions of this Agreement, including the manufacturing and delivery of modular buildings (hereinafter referred to as “Services”). The Services are more particularly described throughout this Agreement, including Exhibit “A through G” attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, any exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. All Services performed by Company shall be subject to the sole and discretionary a pproval of the City, which approval shall not be unreasonably withheld. Additionally, Company shall comply with all Federal requirements applicable to the Services as set forth in Exhibit A through G.

3.1.2 Company agrees to sell to City and City agrees to purc hase the materials and/or equipment (“Goods”) as specified and per the specifications attached hereto and incorporated herein as Exhibit “A through G” Unless specifically stated otherwise, the Goods shall be new and unused and of the current production year.

Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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2 3.1.3 Term. The term of this Agreement shall be from December 4, 2024, to December 31, 2025, unless earlier terminated as provided herein. Company shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines.

3.2 Project Company; Key Personnel.

3.2.1 Project Designer . Company shall name a specific individual to act as Project Designer, subject to the approval of City. Company hereby designates Heith Bibby (License No. MF1594154) to act as the Project Designer for the Project. The Project Designer shall: (1) maintain oversight of the Services; (2) have full authority to represent and act on behalf of the Company for all purposes under this Agreement; (3) supervise and direct the Services using his or h er best skill and attention; (4) be responsible for the means, methods, techniques, sequences and procedures used for the Services; (5) adequately coordinate all portions of the Services; and (6) act as principal contact with City and all contractors, consultants, engineers and inspectors on the Project. Any change in the Project Designer shall be subject to the City’s prior written approval, which approval shall not be unreasonably withheld. The new Project Designer shall be of at least equal competence as the prior Project Designer. In the event that City and Company cannot agree as to the substitution of a new Project Designer, City shall be entitled to terminate this Agreement for cause.

3.2.2 Key Personnel . In addition to the Project Designer, Company has represented to the City that certain additional key personnel, engineers and consultants will perform the Services under this Agreement. Should one or more of such personnel, engineers or consultants become unavailable, Company may substitute others of at least equal competence . As discussed below, any personnel, engineers or consultants who fail or refuse to perform the Services in a manner acceptable to the City, or who are determined by the City to be uncooperative, incompetent, a threat to the a dequate or timely completion of the Project or a threat to the safety of persons or property, shall be promptly removed from the Project by the Company at the request of the City.

3.3 Hiring of Consultants and Personnel.

3.3.1 Right to Hire or Employ . Compan y shall have the option, unless City objects in writing after notice, to employ at its expense architects, engineers, experts or other consultants qualified and licensed to render services in connection with the planning and/or administration of the Projec t, and to delegate to them such duties as Company may delegate without relieving Company from administrative or other responsibility under this Agreement.

Company shall be responsible for the coordination and cooperation of Company’s architects, engineers, experts or other consultants.

3.3.2 Qualification and License . All architects, engineers, experts and other consultants retained by Company in performance of this Agreement shall be qualified to perform the Services assigned to them, and shall be licen sed to practice in their respective professions, where required by law.

3.3.3 Standards and Insurance . All architects, engineers, experts and other consultants hired by Company shall be required to meet all of the same standards and insurance requirements set forth in this Agreement, unless other standards or requirements are approved by the City in writing. Unless changes are approved in writing by the City, Company’s agreements Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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3 with its consultants shall contain a provision making them subject to all provisio ns stipulated in this Agreement.

3.3.4 Assignments or Staff Changes. Company shall promptly notify the City of any assignment, reassignment or replacement of such architects, engineers, experts and consultants, or of other staff changes of key personnel working on the Project.

3.3.5 Draftsman and Clerical Support. Draftsmen and clerical personnel shall be retained by Company at Company’s sole expense.

3.4 Standard of Care.

3.4.1 Standard of Care . Company shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals qualified to perform the Services in the same discipline in the State of California, and shall be responsible to City for damages sustained by the City and delays to the Project as specified in the indemnification provision of this Agreement. Without limiting the foregoing, Company shall be fully responsible to the City for any increased costs incurred by the City as a result of any such delays in the design or manufacturing of the Project. Company represents and maintains that it is skilled in the professional calling necessary to perform the Services. Company warrants and represents that all of its employees, architects, engineers, experts and other consultants shall have sufficient skill and experience to perform the Services assigned to the m. Finally, Company represents that it, its employees, architects, engineers, experts and other consultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services assigned to or rendered by them and that such licenses and approvals shall be maintained throughout the term of this Agreement. As provided for in the indemnification provisions of this Agreement, Company shall perform, at its own cost and expense and without reimbursement fr om the City, any services necessary to correct errors or omissions which are caused by the Company’s failure to comply with the standard of care provided for herein.

3.4.2 Performance of Employees . Any employee or consultant who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee or consultant who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Company and shall not be re-employed to perform any of the Services or to work on the Project.

3.5 Laws and Regulations.

3.5.1 Knowledge and Compliance. Company shall keep itself fully informed of and in compliance with all applicable local, state and federal laws, rules and regulations in any manner affecting the performance of the Services or the Project, and shall give all notices required of the Company by law. Company shall be liable, pursuant to the standard of care a nd indemnification provisions of this Agreement, for all violations of such laws and regulations in connection with its Services. If the Company performs any work knowing it to be contrary to such laws, rules and regulations, Company shall be solely respo nsible for all costs arising therefrom.

Company shall defend, indemnify and hold City, its officials, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

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4 3.5.2 Drawings and Specifications . Company shall cause all drawings and specifications to conform to any applicable requirements of federal, state and local laws, rules and regulations in effect as of the time the drawings and specifications are prepared or revised during the latest phase of the Services described in Exhibit s A through G attached hereto. Any significant revisions made necessary by changes in such laws, rules a nd regulations after this time may be compensated as Additional Services which were not known or reasonably should not have been known by Company. Company shall cause the necessary copies of such drawings and specifications to be filed with any government al bodies with approval jurisdiction over the Project, in accordance with the Services described in Exhibits A through G attached hereto. For the preparation of all such drawings and specifications, the Company shall use Computer Aided Design Drafting (“CADD”) (e.g., AutoCAD) or other technology acceptable to the Company and City.

3.5.3 Americans with Disabilities Act . Company will use its best professional efforts to interpret all applicable federal, state and local laws, rules and regulations with respect to access, including those of the California Building Code, the Americans with Disabilities Act (“ADA”), and Section 504 of the Rehabilitation Act of 1973. Company shall inform City of the existence of inconsistencies of which it is aware or reasonably should be aware between federal and state accessibility laws, rules and regulations, as well as any other issues which are subject to conflicting interpretations of the law, and shall provide the City with its interpretation of such inconsistencies and conflicting interpretations. Unless Company brings such inconsistencies and conflicting interpretations to the attention of the City and requests City’s direction on how to proceed, the Company’s interpretation of such inconsistencies and conflicting interpretations shall be the sole responsibility and liability of Company, and the Company shall correct all plans, specifications and other documents prepared for the Project at no additional cost if its interpretations are shown to be incorrect. In the event that the Company request’s City’s direction on how to proceed with respect to any inconsistent and/or conflicting interpretation, the Company shall be responsible to the City only pursuant to the indemnification provisions of this Agreement.

3.5.4 Permits, Approvals and Authorizations. Company shall provide City with a list of all permits, approvals or other authorizations required for the Project from all federal, state or local governmental bodies with approval jurisdiction over the Project. Company shall then assist the City in obtaining all such permits, approvals and other authorizations. The costs of such permits, approvals and other authorizations shall be paid by the City.

3.5.5 Water Quality Management and Compliance.
(a) Compliance with Water Quality Laws, Ordinances and Regulations.

Company shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of th e Services including, without limitation, all applicable provisions of the City’s ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); and any and all regulations, policies, or permits issued pursuant to any such authority. Company shall additionally comply with the lawful requirements of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are to be conducted, regulating water quality and storm water discharges.
(b) Standard of Care . Company warrants that all employees and subcontractors shall have sufficient skill and experi ence to perform the work assigned to them Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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5 without impacting water quality in violation of the laws, regulations and policies described in Sections 3.5.5(a) of this Agreement. Company further warrants that it, its employees and subcontractors will receive adequate training, as determined by the City, regarding these requirements as they may relate to the Services.
(c) Liability for Non-compliance.
(i) Indemnity: Failure to comply with laws, regulations, and ordinances listed in Sections 3.5.5(a) of this Agreement is a violation of federal and state law.

Notwithstanding any other indemnity contained in this Agreement, Company agrees to indemnify and hold harmless the City, its officials, officers, agents, employees and authorized volunteers from and against any and all claims, demands, losses or liabilities of any kind or nature which the City, its officials, officers, agents, employees and authorized volunteers may sustain or incur for noncompliance with the laws, regulations, and ordinances listed above, arising o ut of or in connection with the Services, except for liability resulting from the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers.
(ii) Defense: City reserves the right to defend any enforcement action or civil action brought against the City for Company’s failure to comply with any applicable water quality law, regulation, or policy. Company hereby agrees to be bound by, and to reimburse the City for the costs associated with, any settlement reached between the City and the relevant enforcement entity.
(iii) Damages: City may seek damages from Company for delay in completing the Services caused by Company’s failure to comply with the laws, regulations and policies described in Section 3.5.5(a) of this Agreement, or any other relevant water quality law, regulation, or policy.

3.5.6 Air Quality.
(a) Compliance with Air Quality Laws, Ordinances, and Regulations .

Company must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Company shall specifically be aware of the CARB limits and requirements’ application to “portable equipment”, which definition is considered by CARB to include any item of equipment with a fuel -powered engine. Company shall indemnify City against any fines or penalties imposed by CARB or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Company, its subcontractors, or others for whom Company is responsible under its indemnity obligations provided for in this Agreement.

3.6 Independent Contractor.

3.6.1 Control and Payment of Subordinates . City retains Company on an independent contractor basis and Company is not an employee of City. Company is not an employee for state tax, federal tax or any other purpose, and is not entitled to the rights or benefits afforded to City’s employees. Any additional personnel performing the Services under this Agreement on behalf of Company shall also not be employees of City, and shall at all times be under Company’s exclusive direction and control. Company shall pay a ll wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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6 Agreement and as required by law. Company shall be responsible for all reports and obligations respecting such additional personnel, inclu ding, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers’ compensation insurance.

3.7 Schedule of Services.

3.7.1 Company Services . Company shall fully and adequately complete the Services de scribed in this Agreement and in Exhibits A through G attached hereto and incorporated herein by reference.

3.7.2 Timely Performance Standard . Company shall perform all Services hereunder as expeditiously as is consistent with professional skill and care, as well as the orderly progress of the Project work so as not to be the cause, in whole or in part, of delays in the completion of the Project or in the achievement of any Project milestones, as provided herein.

Specifically, Company shall perform its Servic es so as to allow for the full and adequate completion of the Project within the time required by the City and within any completion schedules adopted for the Project. Company agrees to coordinate with City’s staff, contractors and consultants in the performance of the Services, and shall be available to City’s staff, contractors and consultants at all reasonable times.

3.7.3 Performance Schedule . Company shall prepare an estimated time schedule for the performance of Company’s Services, to be adjusted as the P roject proceeds.

Such schedule shall be subject to the City’s review and approval, which approval shall not be unreasonably withheld, and shall include allowances for periods of time required for City’s review and approval of submissions, and for approval s of authorities having jurisdiction over Project approval and funding. If City and Company cannot mutually agree on a performance schedule, City shall have the authority to immediately terminate this Agreement. The schedule shall not be exceeded by Company without the prior written approval of City. If the Company’s Services are not completed within the time provided by the agreed upon performance schedule, or any milestones established therein, it is understood, acknowledged and agreed that the City will suffer damage for which the Company will be responsible pursuant to the indemnification provision of this Agreement.

3.7.4 Excusable Delays. Any delays in Company’s work caused by the following shall be added to the time for completion of any obligations of Company: (1) the actions of City or its employees; (2) the actions of those in direct contractual relationship with City; (3) the actions of any governmental agency having jurisdiction over the Project; (4) the actions of any parties not within the reasonable control of the Company; and (5) Force Majeure Event. Neither the City nor the Company shall be liable for damages, liquidated or otherwise, to the other on account of such delays. Such a non-compensable adjustment shall be Company’s sole and exclusive remedy for such delays and the Company will not receive an adjustment to the contract price or any other compensation. A Force Majeure Event shall mean an event that materially affects a party’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 work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent suc h strikes and other organized labor action are beyond the control of Company and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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7 replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.

3.7.5 Request for Excusable Delay Credit . The Company shall, within fifteen (15) calendar days of the beginning of any excusable delay, notify the City in writing of the causes of delay (unless City grants in writing a further period of time to file such notice prior to the date of final payment under the Agreement) . City will then ascertain the facts and the extent of the delay, and grant an extension of time for completing the Services when, in its sole judgment, the findings of fact justify such an extension. The City’s findings of fact thereon shall be final an d conclusive on the parties. Extensions of time shall apply only to that portion of the Services affected by the delay and shall not apply to other portions of the Services not so affected. The sole remedy of Company for extensions of time shall be an extension of the performance time at no cost to the City. If Additional Services are required as a result of an excusable delay, the parties shall mutually agree thereto pursuant to the Additional Services provision of this Agreement. Should Company make a n application for an extension of time, Company shall submit evidence that the insurance policies required by this Agreement remain in effect during the requested additional period of time.

3.7.6 Conformance to Applicable Requirements. All work prepared by Company shall be subject to the approval of City.

3.7.7 Acceptance. The Goods shall be delivered to a location designated by the City and shall be F.O.B. the City’s destination. Company shall be responsible for arranging transportation of the Goods and for any damages to the Goods during transport. The Goods shall be received subject to City’s inspection and right of rejection. The Goods shall not be considered accepted until inspection, testing and/or use of the Goods is found to be in accordance with the City’s specifications. Final inspection of the Goods shall be at the location specified herein, unless otherwise agreed in writing. If the Goods are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications , City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject such Goods in whole or in part. Rejected Goods shall be held at Company’s risk for a reasonable time thereafter and shall be returned or disposed of at Company’s expense. No rejected Goods shall be replaced by Company without written instruction or authorization from City.

3.7.8 Coordination of Services. Company agrees to work closely with City staff in the performance of Services and the delivery of Goods and shall be available to City’s staff, consultants, and other staff at all reasonable times.

3.8 Additional Company Services.

3.8.1 Request for Services . At City’s request, Company may be asked to perform services not otherwise included in this Agreement, not included within the basic services listed in Exhibits “A through G” attached hereto, and/or not customarily furnished in accordance with generally accepted design practice.

3.8.2 Definition. As used herein, “Additional Services” mean: (1) any work which is determined by City to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary for the Company to perform at the execution of this Agreement; or (2) any work listed as Additional Services in Exhibit s “A through G” attached hereto. Company shall not perform, nor be compensated for, Additional Services Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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8 without prior written authorization from City and without an agreement between the City and Company as to the compensation to be paid for such services. City shall pay Company for any approved Additional Services, pursuant to the compensation provisions herein, so long as such services are not made necessary through the fault of Company pursuant to the indemnification provision of this Agreement.

3.8.3 Examples of Additional Services . Such Additional Services shall not include any redesign or revisions to drawings, specifications or other docume nts when such revisions are necessary in order to bring such documents into compliance with applicable laws, rules, regulations or codes of which Company was aware or should have been aware pursuant to the laws and regulations provision of this Agreement a bove. Such Additional Services may include, but shall not be limited to:
(a) Separately Bid Portions of Project . Plan preparation and/or administration of work on portions of the Project separately bid. (b) Furniture and Interior Design. Assistance to City, if requested, for the selection of moveable furniture, equipment or articles which are not included in the Construction Documents.
(c) Fault of Company . Services caused by delinquency, default or insolvency of Company, or by major defects in the work of the Company, provided that any such services made necessary by the failure of Company to detect and report such matters when it reasonably should have done so shall not be compensated. (d) Inconsistent Approvals or Instructions . Revisions in drawings, specifications or other documents when such revisions are inconsistent with written approvals or instructions previously given and are due to causes beyond the control of Company. (e) Legal Proceedings. Serving as an expert witness on City's behalf or attending legal proceedings to which the Company is not a party. (f) Damage Repair. Supervision of repair of damages to any Goods. (g) Extra Environmental Services . Additional work required for environmental conditions not already contemplated within the Company's services for the Project.

3.9 City Responsibilities. City’s responsibilities shall include the following:

3.9.1 Data and Information. City shall make available to Company all necessary data and information concerning the purpose and requirements of the Project, including scheduling and budget limitations, objectives, constraints and criteria.

3.9.2 Project Survey. If required pursuant to the scope of the Project and if requested by Company, City shall furnish Company with, or direct Company to procure at City’s expense, a survey of the Project site prepared by a registered surveyor or civil engineer, any other record documents which shall indicate existing structures, land features, improvements, sewer, water, gas, electrical and utility lines, topographical information and boundary dimensions of the site, and any other such pertinent information.

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9 3.9.3 Bid Phase. Provide the City with Construction Documents to distribute to bidders and be available during the bid process to answer any questions.

3.9.4 Testing. Retain c onsultant(s) to conduct chemical, mechanical, soils, geological or other tests required for proper design of the Project, and furnish such surveys, borings, test pits, and other tests as may be necessary to reveal conditions of the site which must be known to determine soil condition or to ensure the proper development of the required drawings and specifications.

3.9.5 Required Inspections and Tests. Retain consultant(s) to conduct materials testing and inspection or environmental/hazardous materials testing and inspection pursuant to any applicable laws, rules or regulations.

3.9.6 Fees of Reviewing or Licensing Agencies . Directly pay or reimburse the payment of all fees required by any reviewing or licensing agency, or other agency having approval jurisdiction over the Project.

3.9.7 City’s Representative. The City hereby designates the Director of Public Works, or his or her designee, to act as its representative for the performance of this Agreement (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Representative hereby designates City Engineer, or his or her designee, as the City’s contact for the implementation of the Services hereunder. Company shall not accept direction or orders from any person other than the City’s Representative or his or her designee.

3.9.8 Review and Approved Documents . Review all documents submitted by Company, including change orders and other matters requiring approval by the City Council or other officials. City shall advise Company of decisions pertaining to such documents within a reasonable time after submission, so as not to cause unreasonable delay as provided in the excusable delay provisions of this Agreement above.

3.10 Compensation.

3.10.1 Company’s Compensation for Basic Services. City shall pay to Company, for the performance of all Services rendered under this Agreement, the total not to exceed amount of Ten Million, Ninety-Three Thousand, and Twenty Seven Dollars ($10,093,027.00) (“Total Compensation”). This Total Compensation amount shall be based upon, and may be adjusted according to, the fee schedule and related terms and conditions attached hereto as Exhibit “ B through D” and incorporated herein by reference. The Total Compensation, as may be adjusted upon mutual agreement, shall constitute complete and adequate payment for Services under this Agreement.

3.10.2 Payment for Additional Services . At any time during the term of this Agreement, City may request that Company perform Additional Services. As used herein, Additional Services means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Any additional wor k in excess of this amount must be approved by the City. If authorized, such Additional Services will be compensated at the rates and in the manner set forth in Exhibit “ C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. If City requires Company to hire consultants to perform any Additional Services, Company shall be Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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10 compensated therefore at the rates and in the manner set forth in Exhibit “C” attached hereto and incorporated herein by reference, unless a flat rate or some other form of compensation is mutually agreed upon by the parties. City shall have the authority to review and approve the rates of any such consultants. In addition, Company shall be reimbursed for any expenses incurred by such consultants pursuant to the terms and conditions of Section 3.10.3.

3.10.3 Reimbursable Expenses . Reimbursable expenses are in addition to compensation for the Services and Additional Services. Company shall not be reimbursed for any expenses unless authorized in writing by City .

3.10.4 Payment to Company . Company’s compensation and reimbursable expenses shall be paid by City to Company no more often than monthly. Such periodic payments shall be made based upon the percentage of work completed, and in accordance with the phasing and funding schedule provided in Exhibit “B” and the compensation rates indicated in Exhibits “B through D” attached hereto and incorporated herein by reference. In order to receive payment, Company shall present to City an itemized statement which indicates Services performed, percentage of Services completed, method for computing the amount payable, and the amount to be paid at the address listed in Section 3.29. The statement shall describ e the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement, as well as those expenses for which reimbursement is requested for that statement period. The amount paid to Company shall never exceed the percentage amounts authorized by the phasing and funding schedule located in Exhibit “B” attached hereto. City shall, within thirty (30) days of receiving such statement, review the statement an d pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Payments made for Additional Services shall be made in installments, not more often than monthly, proportionate to the degree of completion of such services or in such other manner as the parties shall specify when such services are agreed upon, and in accordance with any authorized fee or rate schedule. In order to receive payment, Com pany shall present to City an itemized statement which indicates the Additional Services performed, percentage of Additional Services completed, method for computing the amount payable, and the amount to be paid. The statement shall describe the amount of Additional Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the statement. City shall, within thirty (30) days of receiving such statement, review the statement and pay all approved charges thereon pursuant to the provisions of Civil Code Section 3320. Disputed amounts shall be resolved by the parties in a mutually agreeable manner.

Upon cancellation or termination of this Agreement, Company shall be compensat ed as set forth in the termination provision herein.

3.10.5 Withholding Payment to Company . The City may withhold payment, in whole or in part, to the extent reasonably necessary to protect the City from claims, demands, causes of action, costs, expenses, liabilities, losses, damages, or injuries of any kind to the extent arising out of or caused by the negligence, recklessness, or willful misconduct protected under the indemnification provisions of this Agreement. Failure by City to deduct any sums from a progress payment shall not constitute a waiver of the City’s right to such sums. The City may keep any moneys which would otherwise be payable at any time hereunder and apply the same, or so much as may be necessary therefor, to the payment of any expenses, losses, or damages as determined by the City, incurred by the City for which Company is liable under the Agreement or state law. Payments to the Company for compensation and reimbursable expenses due shall Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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11 not be contingent on the completion or ultimat e success of the Project. Payment to the Company shall not be withheld, postponed, or made contingent upon receipt by the City of offsetting reimbursement or credit from parties not within the Company’s reasonable control.

3.10.6 Prevailing Wages. Company is aw are 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 per formance 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, and if the total compensation is $1,000 or more, Company agrees to fully comply with and to require its consultants to fully comply with such Prevailing Wage Laws. City shall provide Company with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement.

Company shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Company’s principal p lace of business and at the Project site.

Company shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure of the Company or its consultants to comply with the Prevailing Wage Laws. It shall be mandatory upon the Company and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Lab or 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 subcontractor s (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

3.10.7 Registration. 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 Company and all subconsulta nts performing such Services must be registered with the Department of Industrial Relations. Company shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

3.10.8 Labor Compliance . This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Company’s sole responsibility to comply with all applicable registration and labor compliance requirements.

Any stop orders issued by the Department of Industrial Relations against Company or any subcontractor that affect Company’s performance of Services, including any delay, shall be Company’s sole responsibility. Any delay arising out of or resulting from s uch stop orders shall be considered Company caused delay and shall not be compensable by the City. Company shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out o f stop orders issued by the Department of Industrial Relations against Company or any subcontractor.

3.11 Notice to Proceed.

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12 Company shall not proceed with performance of any Services under this Agreement unless and until the City provides a written notice to proceed.

3.12 Termination, Suspension and Abandonment.

3.12.1 Grounds for Termination; Company’s Termination for Cause. City hereby reserves the right to suspend or abandon, at any time and for any reason, all or any portion of the Project and the construction work t hereon, or to terminate this Agreement at any time with or without cause. Company shall be provided with at least seven (7) days advanced written notice of such suspension, abandonment or termination. In the event of such suspension, abandonment or termination, Company shall be paid for Services and reimbursable expenses rendered up to the date of such suspension, abandonment or termination, pursuant to the schedule of payments provided for in this Agreement, less any claims against or damages suffered by City as a result of the default, if any, by Company. Company hereby expressly waives any and all claims for damages or compensation arising under this Agreement, except as set forth herein, in the event of such suspension, abandonment or termination. Co mpany may terminate this Agreement for substantial breach of performance by the City such as failure to make payment to Company as provided in this Agreement.

3.12.2 City’s Suspension of Work. If Company’s Services are suspended by City, City may require Company to resume such Services within ninety (90) days after written notice from City. When the Project is resumed, the Total Compensation and schedule of Services shall be equitably adjusted upon mutual agreement of the City and Company.

3.12.3 Goods, Documents, and Other Data. Upon suspension, abandonment or termination, Company shall provide to City all Goods, preliminary studies, sketches, working drawings, specifications, computations, and all other Project Documents, as defined below, to which City would have been entitled at the completion of Company’s Services under this Agreement. Upon payment of the amount required to be paid to Company pursuant to the termination provisions of this Agreement, City shall have the rights, as provided in this Agreement hereinafter, to use such Goods and Project Documents prepared by or on behalf of Company under this Agreement. Company shall make such Goods and documents available to City upon request and without additional compensation other than as may be approved as a re imbursable expense.

3.12.4 Employment of other Companies. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.

3.13 Ownership and Use of Documents; Confidentiality.

3.13.1 Ownership. All plans, specifications, original or reproducible transparencies of working drawings and master plans, preliminary sketches, design presentation drawings, structural computations, estimates and any other documents prepared pursuant to this Agreement, including, but not limited to, any other works of authorship fixed in any tangible medium of expression such as writings, physical drawings and data magnetically or otherwise recorded on computer diskettes (hereinafter referred to as the “Project Documents”) shall be and remain the property of City. Although the official copyright in all Project Documents shall remain with the Company or other applicable subcontractors or consultants, the Project Documents shall be the property of City whether or not the work for which they were made is executed or completed. Within thirty (30) calendar days following completion of the Project, Company shall Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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13 provide to City copies of all Project Documents required by City. In addition, Company shall retain copies of all Project Documents on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of reasonable duplication costs. Before destroying the Project Documents following this retention period, Company shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents.

3.13.2 Right to Use. Company grants to City the right to use and reuse all or part of the Project Documents, at City’s sole discretion and with no additional compensation to Company, for the following purposes:
(a) The construction of all or part of this Project.
(b) The repair, renovation, modernization, replacement, reconstruction or expansion of this Project at any time;
(c) The construction of another project by or on behalf of the City for its ownership and use;
City is not bound by this Agreement to employ the services of Company in the event such documents are used or reused for these purposes. City shall be able to use or reuse the Project Documents for these purposes without risk of liability to the Company or third parties with respect to the condition of the Project Documents, and the use or reuse of the Project Documents for these purposes shall not be construed or interpreted to waive or limit City’s right to recover for latent defects or for errors or omissions of the Company.

Any use or reuse by City of the Project Documents on any project other than this Project without employing the services of Company shall be at City’s own risk with respect to third parties.

If City uses or reuses the Project Documents on any project other than this Project, it shall remove the Company’s seal from the Project Documents and hold harmless Company and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Project Documents on such other project.

3.13.3 License. This Agreement creates a non -exclusive and perpetual license for City to copy, use, modify or reuse any and all Project Documents and any intellectual property rights therein. Company shall require any and all subcontractors and consultants to agree in writing that City is granted a non -exclusive and perpetual license for the work of suc h subcontractors or consultants performed pursuant to this Agreement.

3.13.4 Right to License . Company represents and warrants that Company has the legal right to license any and all copyrights, designs and other intellectual property embodied in the Project Doc uments that Company prepares or causes to be prepared pursuant to this Agreement. Company shall indemnify and hold City harmless pursuant to the indemnification provisions of this Agreement for any breach of this Section. Company makes no such representation and warranty in regard to previously prepared designs, plans, specifications, studies, drawings, estimates or other documents that were prepared by design professionals other than Company and provided to Company by City.

3.13.5 Confidentiality. All Project Documents, either created by or provided to Company in connection with the performance of this Agreement, shall be held confidential by Company to the extent they are not subject to disclosure pursuant to the Public Records Act. All Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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14 Project Documents shal l not, without the written consent of City, be used or reproduced by Company for any purposes other than the performance of the Services. Company shall not disclose, cause or facilitate the disclosure of the Project Documents to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Company which is otherwise known to Company or is generally known, or has become known, to the related industry shall be deemed confidential. Company shall not use City’s name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the written consent of City.

3.14 Indemnification.

3.14.1 To the fullest extent permitted by law, Company shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of ac tion, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of C ompany, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Company’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Company's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Company, the City, its officials, officers, employees, agents, or volunteers.

3.14.2 If Company’s obligation to defend, indemnify, and/or hold harmless arises out of Company’s performance of “design professional” services (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, Company’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Company, and, upon Company obtaining a final adjudication by a court of competent jurisdiction, Company’s liability for such claim, including the cost to defend, shall not exceed the Company’s proportionate percentage of fault.

3.15 Insurance. Company shall not commence work under this Agreement until it has provided evidence satisfactory to the City that it has secured all insurance required under this Section. In addition, Company shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the su bconsultant has secured all insurance required under this section.

3.15.1 Types of Insurance Required . As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, Company shall, at its expense, procure and maintain in full force and effect for the dura tion of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Company agrees to amend, supplement or endorse the policies to do so.

3.15.2 Additional Insured . The City of San Bernar dino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Company’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

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15 3.15.3 Commercial General Liability
(a) The Company 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. (b) 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. 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
(c) 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.
(d) The policy shall give City, the City Council and each member of the City Council, its 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.
(e) 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.

3.15.4 Automobile Liability
(a) At all times during the performance of the work under this Agreement, the Company 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.

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16 (b) 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).
(c) The policy shall give City, the City Council and each member of the City Council, its officers, employees, agents and City designated volunteers additional insured status.
(d) 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.

3.15.5 Workers’ Compensation/Employer’s Liability
(a) Company 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.
(b) To the extent Company has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Company 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 Liabi lity Coverage in amounts indicated herein.

Company 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.

3.15.6 Professional Liability (Errors and Omissions)
(a) If Company is also the manufacturer of any equipment included in the Goods, or the Goods themselves, Company shall carry Product Liability and/or Errors and Omissions Insurance which covers said equipment and Goods with limit s of not less than $1,000,000.
(b) At all times during the performance of the work under this Agreement the Company 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 Company. “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.

3.15.7 Privacy/Network Security (Cyber
(a) At all times during the performance of work under this Agreement, the Company shall maintain privacy/network security insurance, in a form and with insurance Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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17 companies acceptable to the City, for: (1) privacy br eaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code.

3.15.8 Minimum Policy Limits Required
(a) 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 (b) Defense costs shall be payable in addition to the limits. (c) Requirements of specific coverage or li mits 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.

3.15.9 Evidence Required
(a) Prior to execution of the Agreement, the Company 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.

3.15.10 Policy Provisions Required
(a) Company shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Company sh all provide at least ten (10) days prior written notice of cancellation of any such policy due to non - payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Company shall deliver renewal certific ate(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.

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18 (b) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Company’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.
(c) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Company shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Company 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.
(d) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Company or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Company hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. (e) 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 herei n shall not be construed to relieve the Company from liability in excess of such coverage, nor shall it limit the Company’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under o ther provisions of the Agreement or law.

3.15.11 Qualifying Insurers
(a) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements: Each such policy shall be from a company or c ompanies 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.

3.15.12 Additional Insurance Provisions
(a) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Company, 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 Company pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(b) If at any time during the life of the Agreement, any p olicy 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 reimbur sed by Company or City will withhold amounts sufficient to pay premium from Company payments. In the alternative, City may cancel this Agreement.

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19 (c) The City may require the Company to provide complete copies of all insurance policies in effect for the duration of the Project. (d) At least fifteen (15) days prior to the expiration of any such policy, evidence showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or materially reduced, Company shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. In the event any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, the City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by the City will be promptly reimbursed by Company or the City may withhold amounts sufficient to pay premium from Company payments. In the alternative, the City may suspend or terminate this Agreement.
(e) 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.

3.15.13 Subconsultant Insurance Requirements
(a) Company 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 Company, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

3.16 Records.

Company shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Company shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Company shall allow inspection of all work, data, doc uments, proceedings, and activities related to the Agreement for a period of five (5) years from the date of final payment under this Agreement.

3.17 Standardized Manufactured Items.

Company shall cooperate and consult with City in the use and selection of manufactured items on the Project, including but not limited to, paint, hardware, plumbing, mechanical and electrical equipment, fixtures, roofing materials and floor coverings. All such manufactured items shall be standardized to City’s criteria to the exten t such criteria do not interfere with building design.

3.18 Limitation of Agreement.

This Agreement is limited to and includes only the work included in the Project described herein. Any additional or subsequent construction at the site of the Project, or at a ny other City Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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20 site, will be covered by, and be the subject of, a separate Agreement for design services between City and the Company chosen therefor by City.

3.19 Mediation.

Disputes arising from this Agreement may be submitted to mediation if mutually agreeable to the parties hereto. The type and process of mediation to be utilized shall be subject to the mutual agreement of the parties.

3.20 Successors and Assigns.

This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, e xecutors, administrators and assigns of each party to this Agreement. However, Company 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.

3.21 Asbestos Certification.

Company shall certify to City, in writing and under penalty of perjury, that to the best of its knowledge, information and belief no asbestos -containing material or other material deemed to be hazardous by the state or federal government was specified as a building material in any construction document that the Company prepares for the Project. Company shall require all consultants who prepare any other documents fo r the Project to submit the same written certification. Company shall also assist the City in ensuring that contractors provide City with certification, in writing and under penalty of perjury, that to the best of their knowledge, information and belief n o material furnished, installed or incorporated into the Project contains asbestos or any other material deemed to be hazardous by the state or federal government. These certifications shall be part of the final Project submittal. Company shall include s tatements in its specifications that materials containing asbestos or any other material deemed to be hazardous by the state or federal government are not to be included.

3.22 No Third Party Rights.

This Agreement shall not create any rights in, or inure to the benefits of, any third party except as expressly provided herein.

3.23 Governing Law.

This Agreement shall be construed in accordance with, and governed by, the laws of the State of California. Venue shall be in San Bernardino County.

3.24 Exhibits and Recitals.

All exhibits and recitals contained herein and attached hereto are material parts of this Agreement and are incorporated as if fully set forth.

3.25 Severability.

Should any provision in the Agreement be held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall continue in full force and effect.

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21 3.26 Non-Waiver.

None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.

3.27 Safety.

Company shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Company shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of its employees, consultant and subcontractors appropriate to the nature of the work and the conditions under which the work is to be performed.

3.28 Harassment Policy.

Company shall provide a copy of the City's Harassment Policy to each of its employees assigned to perform the tasks under this Agreement. Company shall submit to the City's Personnel Manager a statement signed by each of its employees who are assigned to perform the Services under t his Agreement certifying receipt of City's Harassment Policy and certifying that they have read the Harassment Policy. A finding by the City that any of Company's employees has harassed a City employee shall be grounds for appropriate discipline, up to an d including such employee's removal from performance of this Agreement at City's request.

3.29 Delivery of Notices.

All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other addres s as the respective parties may provide in writing for this purpose:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager

With a Copy to:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
COMPANY:

Mr. Heith Bibby, Founder
Mandeville Modular, Inc.
39516 30th Street East
Palmdale, CA 93550
(562) 661-9149

Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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22 at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.30 Time of Essence.

Time is of the essence for each and every provision of this Agreement.

3.31 City’s Right to Employ Other Consultants.

City reserves right to employ other consultants in connection with this Project or other projects.

3.32 Prohibited Interests.

3.32.1 Solicitation. Company maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Company, to solicit or secure this Agreement. Further, Company 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 Company, 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.

3.32.2 Conflict of Interest . For the term of this Agreement, no director, of ficial, 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.

3.33 Warranty of Goods. In addition to all warranties which may be provided by law, Company warrants that the Goods delivered hereunder shall, (a) be free from defect of material or workmanship and conform strictly to the specifications, drawings, or sample specified or furnished; (b) conform to drawings, plans, specifications, samples or other descriptions furnished, specified, accepted or approved by City; and (c) be merchantable and fit for the purposes intended. The warranty shall be for a period of one (1) year, or such longer period as provided by a manufacturer’s warranty or as agreed to by Company and City, from the date of final written acceptance of the Goods by City. This warranty shall survive any inspection, delivery, acceptance, or payment by City of the Goods. Company, at its own expens e, shall repair or replace, at the option of City, any defective Goods within a mutually agreed upon schedule between the City and Company. Company also warrants that the Goods are free and clear of all liens and encumbrances whatsoever, that Company is conveying good and marketable title to same, and that Company owns or has a valid license for all of the proprietary technology and intellectual property incorporated within the Goods. Company agrees to indemnify, defend and hold City harmless against any and all third party claims resulting from the breach or inaccuracy of any of the foregoing warranties.

3.34 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Company may be required to do, or respecting the size of any payment to Company during the performance of this Agreement, Company shall continue to perform the Work while said dispute is decided by the City. If Company disputes the City’s decision, Company shall have such remedies as may be provided by law.

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23 in any manner affecting its performance under th is Agreement, including all Cal/OSHA requirements, and shall give all notices required by law. Company shall be liable for all violations of such laws and regulations in connection with this Agreement. If the Company performs any work knowing it to be contrary to such laws, rules and regulations and without giving written notice to the City, Company shall be solely responsible for all costs arising therefrom. City is a public entity of the State of California subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Agreement to the same extent as though set forth herein and will be complied with. These include but are not limited to the payment of prevailing wages, the stipulation that eight (8) hours’ labor shall constitute a legal day’s work and that no worker shall be permitted to work in excess of eight (8) hours during any one calendar day except as permitted by law. Company shall defend, indemnify and hold City, its officials, directors, officers, employees and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.

3.35.1 Employment Eligibility; Company . By executing this Agreement, Company verifies that it fully complies with all requirements and restrict ions 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. Such requirements and restrictions include, but are not lim ited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Company.

Company also verifies that it has not committed a violation of any such law within the five (5) years immediately preceding the date of execution of this Agreement, and shall not violate any such law at any time during the term of the Agreement. Company shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification o f work authorization program operated by the United States Department of Homeland Security, by participating in an equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hi red employees, or by some other legally acceptable method. Company shall maintain records of each such verification, and shall make them available to the City or its representatives for inspection and copy at any time during normal business hours. The City shall not be responsible for any costs or expenses related to Company’s compliance with the requirements provided for in Section 3.36 or any of its sub - sections.

3.35.2 Employment Eligibility; Subcontractors and Consultants. To the same extent and under the s ame conditions as Company, Company shall require all of its subcontractors, and consultants performing any work relating to this Agreement to make the same verifications and comply with all requirements and restrictions provided for herein.

3.35.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Company verifies that they are a duly authorized officer of Company, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Company or its subcontractors, or consultants to meet any of the requirements provided for in Sections 3.35.1 or 3.35.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifi cations provided to the Company under Section 3.35.2); or (3) failure to immediately remove from this contract any person found not to be in compliance with such requirements.

3.35.4 Labor Certification. By its signature hereunder, Company certifies that it is a ware of the provisions of Section 3700 of the California Labor Code which require every Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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24 employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services.

3.35.5 Equal Opportunity Employment. Company represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advert ising, layoff or termination. Company shall also comply with all relevant provisions of City’s Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effect or hereinafter enacted.

3.36 Safety. Company shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its services, the Company shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and s hall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequat e life protection and life saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.

3.37 Subcontracting.

As specified in this Agreement, Company shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provisio n making them subject to each and every provision of this Agreement.

3.38 Supplemental Conditions.

Any supplemental conditions shall be attached as an exhibit to this Agreement, and that exhibit shall be incorporated herein by reference.

3.39 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.

3.40 Compliance with Various Funding Sources. Since this Project is funded by various funding sources, Company shall also fully and adequately comply with the provisions associated with the various funding sources included in Exhibit “ E” attached hereto and incorporated herein by reference (“Funding Sources Requirements”), which are repetitive of the requirements contained at Exhibits C and E of the Request for Proposals for this Project. With respect to any conflict between federal requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.

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25 3.41 Entire Agreement.

This Agreement, with its exhibits, contains the entire agreement of the parties hereto, and supersedes any and all other prior or contemporaneous negotiations, understandings and oral or written agreements between the parties hereto. 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 agreem ents shall be void. Furthermore, any modification of this Agreement shall only be effective if in writing signed by all parties hereto. [SIGNATURES ON FOLLOWING PAGE]

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26 SIGNATURE PAGE FOR AGREEMENT FOR DESIGN SERVICES AND FOR PURCHASE

AND DELIVERY OF GOODS

BETWEEN THE CITY OF SAN BERNARDINO
AND MANDEVILLE MODULAR, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager

ATTESTED BY:

Genoveva Rocha
City Clerk

APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

Mandeville Modular, Inc.

Signature
Heith Bibby
Name

Founder
Title

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Exhibit A-1

EXHIBIT A
COMPANY’S SCOPE OF SERVICES

1. GENERAL REQUIREMENTS.

1.1 Basic Services. Company agrees to perform all the necessary professional design and engineering (e.g. mechanical, electrical, plumbing, structural, site engineering, and any other necessary engineering services mutually agreeable to the parties) for the Project in a timely and professional manner, consistent with the standards of the profession, including those provided for herein.

1.2 Exclusions from Basic Services. The following services shall be excluded from the basic services listed above: soils engineering, geotechnical services, hazardous waste, or toxic substances engineering.

1.3 Additional Services. Company shall perform the following Additional Services for the Project: N/A

1.4 Communication with City. Company shall participate in consultations and conferences with authorized representatives of City and/or other local, regional, or state agencies concerned with the Project, which may be necessary for the completion of the Project or the development of the drawings, specifications, and documents in accordance with the applicable standards and requirements of law and the City. Such consultations and conferences shall continue throughout the duration of the Project and the Company’s warranty period. Company shall take direction only from the City’s Representative, or any other representative specifically designated by the City for this Project, including any project manager hired by the City.

1.5 Coordination and Cooperation with Project Manager and/o r General Contractor. The City may hire a project manager to administer and coordinate all or any part of the Project on its behalf. If the City does so, it shall provide a copy of its agreement with the project manager so that the Company will be fully aware of the duties and responsibilities of the project manager. The Company shall cooperate with the project manager and respond to any requests or directives authorized by the City to be made or given by the project manager. The Company shall request clarification from the City in writing if the Company should have any questions regarding the authority of the project manager.

2. INITIAL PLANNING PHASE.

During the initial planning phase of the Project, Company shall do all of t he following, as well as any incidental services thereto:

2.1 Meeting Project Cost and Goals. Company shall notify City in writing of potential complications, cost overruns, unusual conditions, and general needs that potentially impact the Project cost and time line. It shall be the duty of the Company to design the Project within the established Project cost.

2.2 Permits, Approvals and Authorizations. As indicated in Section 3.5.4 of the Agreement, Company shall assist City in securing permits, approvals, and authorizations, as well as coordinating with utilities.

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Exhibit A-2

3. SCHEMATIC PLAN PHASE.

During the schematic plan phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

3.1 Schematic Plans. In cooperation with City, Company shall prepare preliminary plans and studies, schematic drawings, site utilization plans, and phasing plans showing the scale and relationship of the components of the Project, the plot plan development at the site, and the proposed design concept of the buildings (“Schematic Plans”). Company shall incorporate the functional requirements of City into the Schematic Plans. The Schematic Plans shall be in compliance with the Americans with Disabilities Act (ADA) and meet all applicable Federal, State, County, and City laws, rules and regulations, including but not li mited to Section 504 of the Rehabilitation Act of 1973 and Chapter 11B of the California Building Code - Accessibility to Public Buildings, Public Accommodations, Commercial Buildings and Public Housing . To ensure compliance, Company shall have Schematic Plans reviewed by a Certified Access Specialist (CASp). The Schematic Plans shall show all rooms incorporated in each building of the Project in single-line drawings, and shall include all revisions required by City or by any federal, state, regional or local agency having jurisdiction over the Project. All design drawings for the Project shall be in a form suitable for reproduction.

3.2 Copies of Schematic Plans and Other Documents. Company, at its own expense, shall provide a complete set of the Schematic Plans described herein for City’s review and approval. Additionally, at City’s expense, Company shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4. DESIGN DEVELOPMENT PHASE.

During the design development phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

4.1 Design Development Documents. Once City provi des Company with specific written approval of the Schematic Plans described herein, Company shall prepare design development documents consisting of: (1) site and floor plans; (2) elevations; and (3) any other drawings and documents sufficient to fix and describe the types and makeup of materials, as well as the size and character of the Project’s structural, mechanical and electrical systems, and to outline the Project specifications (“Design Development Documents”).

4.2 Copies of Design Development and Other Documents. Company, at its own expense, shall provide a complete set of the Design Development Documents described herein for City’s review and approval. Additionally, at City’s expense, Company shall provide such documents as may be required by an y federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

4.3 Timetable. Company shall provide a written timetable for full and adequate completion of their portion of the Project to City.

4.4 Application for Approvals. Company shall assist City in applying for and obtaining required approvals from all federal, state, regional or local agencies concerned with the Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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Exhibit A-3

Project. Company shall furnish and process all de sign and engineering information required to prepare and process applications to applicable utilities in order to secure priorities and materials, to aid in the construction of the Project and to obtain final Project approval and acceptance by any of the above agencies as may be required.

4.5 Color and Other Aesthetic Issues. Company shall provide, for City’s review and approval, a preliminary schedule of all color materials and selections of textures, finishes and other matters involving an aesthetic decision about the Project.

5. FINAL WORKING DRAWINGS AND SPECIFICATIONS.

During the final working drawings and specifications phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

5.1 Final Working Drawings and Specifications. Once City provides Company with specific written approval of the Design Development Documents described herein, Company shall prepare such complete working drawings and specifications as are necessary for developing complete bids and for p roperly executing the Project work in an efficient and thorough manner (“Final Working Drawings and Specifications”). Such Final Working Drawings and Specifications shall be developed from the Schematic Plans and Design Development Documents approved by City. The Final Working Drawings and Specifications shall set forth in detail all of the following:
(1) the Project construction and manufacturing work to be done; (2) the materials, workmanship, finishes, and equipment required for the architectural, struc tural, mechanical, and electrical systems; and (3) the utility service connection equipment and site work. City may be requested to supply Company with the necessary information to determine the proper location of all improvements on and off site, including record drawings (“as-built drawings”) in City’s possession.

Company will make a good -faith effort to verify the accuracy of such information by means of a thorough interior and exterior visual survey of site conditions. City shall also make a g ood-faith effort to verify the accuracy of the as-built drawings and provide any supplemental information to Company which may not be shown on the as-built drawings.

5.2 Form. The Final Working Drawings and Specifications must be in such form as will enable Company and City to secure the required permits and approvals from all federal, state, regional or local agencies concerned with the Project. In addition, the Final Working Drawings and Specifications must be in such form as will enable City to obtain, by competitive bidding, a responsible and responsive bid within the applicable budgetary limitations and cost standards.

The Final Working Drawings and Specifications shall be clear and legible so that uniform copies may be on standard architectural size pap er, properly indexed and numbered, and shall be capable of being clearly copied and assembled in a professional manner by Company.

5.3 Approval and Revisions. City shall review, study, and check the Final Working Drawings and Specifications presented to it by Company, and request any necessary revisions or obtain any necessary approvals by the City Council, subject to the approval of all federal, state, regional or local agencies concerned with the Project. Company shall make all City -requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications at no additional cost, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City d irection or Company’s professional judgment. Company shall bring any such conflicts and/or inconsistencies to the attention of City. The parties agree that Company, and not the City, possesses the requisite expertise to determine the constructability of the Final Working Drawings and Specifications.

However, the City reserves the right to conduct one or more constructability review processes Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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Exhibit A-4

with the Final Working Drawings and Specifications, and to hire an independent Company or other consultant to perform such reviews. Any such independent constructability and accessibility review shall be at City’s expense. Company shall make all City -requested changes, additions, deletions, and corrections in the Final Working Drawings and Specifications whic h may result from any constructability review, at no additional cost to the City, so long as they are not in conflict with the requirements of public agencies having jurisdiction or prior approval, or inconsistent with earlier City direction or Company’s professional judgment. If such changes, additions, deletions or corrections are inconsistent with prior City direction, Company shall make such alterations and be compensated therefore pursuant to the Additional Services provision of this Agreement.

5.4 Copies of Final Working Drawings and Specifications and Other Documents.

Company, at its own expense, shall provide a complete set of the Final Working Drawings and Specifications described herein for City’s review and approval. Additionally, at City’s expense , Company shall provide such documents as may be required by any federal, state, regional or local agencies concerned with the Project. Any additional copies required by City shall be provided at actual cost to City.

6. CONSTRUCTION CONTRACT DOCUMENTS.

During the construction contract documents phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

6.1 Bid and Contract Documents. Company shall provide the City with all construction documents, inclu ding but not limited to any certifications and documents required by federal, state and local laws, rules and regulations which may be reasonably required in order to obtain bids responsive to the specifications and drawings. All such documents shall be subject to the approval of City and City’s legal counsel.

7. BID PHASE.

During the bid phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

7.1 Reproducible Construction Documents. Once City provides Company with specific written approval of the Construction Documents , Company shall provide to City one set of reproducible Construction Documents.

7.2 Distribution of Contract Documents and Review of Bids. Company shall assist City in distributing the Construction Documents and be available to answer questions during the bid process .

8. MODULAR MANUFACTURING AND SITE CONSTRUCTION PHASE.

During the modular manufacturing and site construction phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

8.1 Observation. The Project Company may observe work executed from the Final Working Drawings and Specifications, provided that City may, in its discretion, consent to su ch observation by another competent representative of Company.

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Exhibit A-5

8.2 General Construction Administration. Company shall provide general construction administration of the Construction Documents in the form of Requests of Information, Clarifications, and Approval of substitutions as needed, as it relates to the work performed by the contractors.

8.3 Site Visits of Modular Company’s Work. The Project Company shall allow the City to conduct site visits to the modular manufacturing facility to observe the progress of the modular buildings.

8.4 Site Visits of Contractor’s Work. Company may conduct site visits to observe the work for general conformance with the Construction Documents and with any approved construction schedules or milestones.

8.5 Site Visits of Inspector’s Work. Company may conduct site visits, if necessary, to observe the activities of the City inspectors in order to ensure accuracy of all “as-built” conditions.

8.6 Coordination of Company’s Consultants. Company shall cause all architects, engineers, and other consultants, as may be hired by Company, to observe the work completed under their disciplines as required, and approve and review all test results for general conformance with the Construction Documents.

8.7 Reports. Company shall make reports as may be required by applicable federal, state or local laws, rules or regulations, as well as the federal, state, regional or local agencies concerned with the Project.

8.8 Written Reports. Company shall make written reports to City as necessary to inform City of problems arising during construction, changes contemplated as a result of each such problems, and progress of the Project work.

8.9 Written Records. Company shall keep accurate written records of the pr ogress and quality of the Project work and the time schedules, and shall advise the contractors and City of any deviations from the time schedule which could delay timely completion of the Project.

Manufacturing travelers shall be made available for review by the City at all times.

8.10 Material and Test Reports. Company shall check and process, in a timely manner, all required material and test reports for the Project work. In addition, Company shall provide notice of any deficiencies in material or work reflected in such reports, as well as its recommendation for correction of such deficiencies, to the project manager and City.

8.11 Review and Response to Submissions. Company shall review and respond, within five (5) business days or less, to all information requests, change requests, and other submissions of the project manager for compliance with, or alterations and additions to, the Construction Documents. Company’s review and response shall be done in such a manner so as to ensure the timely and uninterrupted progress of the Project work.

8.12 Rejection of Work. Company shall promptly reject, as discussed with City, work or materials which do not conform to the Construction Documents. Company shall immediately notify the City and project manager of such rejections. Company shall also have the authority to recommend to the City that additional inspection or testing of the work be performed, whether or not such work is fabricated, installed or completed.

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Exhibit A-6

8.13 Field Changes and Substitutions. Company shall consult with City, in a timely manner, with regard to any field changes and substitution of materials, equipment and laboratory reports thereof, prior to the City’s final written approval of such field changes and substitutions.

Company’s consultation shall be done in such a manner so as to ensure t he timely and uninterrupted progress of the Project work.

8.14 Revised Documents and Drawings. Company shall prepare, at no additional expense to City, all documents and/or drawings made necessary by errors and omissions in the originally approved Construction Documents.

8.15 Change Requests and Material Changes. Company shall evaluate and advise City, in a timely manner and in writing, of any change requests and material change(s) which may be requested or necessary in the Project plans and specifications. Company shall provide the City with its opinion as to whether such change requests should be approved, denied or revised. If the City has not hired a project manager or other person to do so, the Company shall prepare and execute all change orders and su bmit them to the City for authorization.

Company shall not order contractors to make any changes affecting the contract price without approval by City of such a written change order, pursuant to the terms of the Construction Documents. Company may reques t changes necessary to meet construction emergencies, if written approval of City’s Representative is first secured.

8.16 Final Color and Product Selection. Company shall coordinate final color and product selection with City’s original design concept.

8.17 Delivery of Modular Buildings. Modular buildings shall be inspected by the City and General Contractor prior to delivery. The modular buildings shall not be considered accepted until inspected and found to be in accordance with the City’s specifications. Fin al inspection of the Modular buildings shall be at the location specified herein, unless otherwise agreed in writing.

If the modular buildings are found at any time to be defective in material or workmanship, or otherwise not in conformance with specifications, City shall have the right, in addition to any other rights which it may have under warranties or otherwise, to reject the modular buildings in whole or in part. Rejected modular buildings shall be held at Company’s risk for a reasonable time thereafter and shall be returned or disposed of at Company’s expense. No rejected modular buildings shall be replaced by Company without written instruction or authorization from City.

8.18 Substantial Completion. The City shall determine the date of substanti al completion, in consultation with the Company and General Contractor.

8.19 Punch List. After determining that the Project is substantially complete, Company shall participate in the inspection of the Project and shall review all remaining deficiencies and minor items needed to be corrected or completed on the Project, including those identified on the punch list prepared by the project manager (“Punch List Items”). Company shall notify project manager in writing that all Punch List Items have been corrected prior to final acceptance of the Project and final payment. Company shall also notify City of all Punch List Items.

8.20 Warranties. Company shall provide warranties for the modules and any equipment contained therein. Company shall review materials assembled by the contractor and subcontractors with regard to all written warranties, guarantees, owners’ manuals, instruction books, diagrams, record “as built” drawings, and any other materials required from the contractors Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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Exhibit A-7

and subcontractors pursuant to the Construction Documents. Company shall coordinate and provide these materials to the City.

8.21 Certificate of Completion. Company shall provide inspection completion reports and Quality Control Reports for modules to the City. Company shall participate in any further inspections of the Project necessary to issue the Certificate of Completion and final certificate for payment.

8.22 Documents for Project Close -Out. Company shall cause all other architects, engineers and other consultants, as may be hired by Company, to file any and all required documentation with the City or other governmental authorities necessary to close out the Project.

Company shall assist the City in obtaining such documentation from all other architects, engineers, or other consultants.

9. AS-BUILT DRAWINGS.

During the as-built drawings phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

9.1 As-Built Drawings and Specifications. Not later than thirty (30) days after substantial completion of the Project, before receipt of final payment, Company shall review and forward the Final Working Drawings and Specifications, indicating on them all changes made by change orders or otherwise pursuant to the Construction Documents, as well as all information called for on the specifications, thus producing an “as -built” set of Final Working Drawings and Specifications (“As-Built Drawings and Specifications”). The As-Built Drawings and Specifications shall show, among other things, the location of all concealed pipe, buried conduit runs and other similar elements within the completed Project. Company shall personally review and certify that the As-Built Drawings and Specifications are a correct representation of the information supplied to Company by any inspectors and the project manager, and shall obtain certifications from any inspectors and the project manager that the drawings are correct.

9.2 Approval. Once City provides Company with specific written approval of the As- Built Drawings and Specifications, Company shall forward to City the complete set of original As- Built Drawings and Specifications or a complete set of reproducible duplicate As -Built Drawings and Specifications. The tracing shall be of such quality that clear and legible prints may be made without appreciable and objectionable loss of detail.

9.3 Documents for Final Payment. Prior to the receipt of Company’s final payment, Company shall forward to City all of the followi ng: (1) one clear and legible set of reproductions of the computations; (2) the original copy of the specifications; (3) the As -Built Drawings and Specifications as required herein; and (4) Company’s Certificate of Completion.

10. WARRANTY PERIOD.

During the warranty period phase of the Project, Company shall do all of the following, as well as any incidental services thereto:

10.1 Advice. Company shall provide advice to City on apparent deficiencies in the Project during any applicable warranty periods for the Project.

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Exhibit B-1

EXHIBIT B1-B3

FEE AND PHASING/FUNDING SCHEDULES

1. FEE SCHEDULE.

Company will invoice City on a monthly cycle based on the following fee schedule.

Company will include with each invoice a detailed progress report that indicates the amount of budget spent on each phase and the total amount spent against the Total Compen sation.

Company will inform City regarding any out-of-scope work being performed by Company for which Company intends to seek compensation from City.

2. FUNDING SCHEDULE & PHASING (B1-B3)
Progress payments towards Total Compensation shall never exceed the following percentages of Total Compensation as of the phase indicated:

Initial Planning Phase: $438,827.25 percent (5%) Schematic Plan Phase: $438,827.25 percent (5%)
Design Development Phase: $438,827.25 percent (5%) Final Working Drawings & Specifications Phase: $438,827.25 percent (5%) Finalized Construction Documents/ CADD Files $877,654.50 percent (10%) Manufacturing Phase: $1,755,309.00 percent (20%)
Progress Payment for 50% of Modular Completion $1,755,309.00 percent (20%) 100% Delivery All Modules Complete Phase: $1,755,309.00 percent (20%) Warranty Period Phase: $877,654.50 percent (10%)

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Exhibit B-2

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Exhibit B-3

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EXHIBIT C

COMPENSATION RATES AND REIMBURSABLE EXPENSES

1. HOURLY COMPENSATION RATES.

The following Unit Rates are inclusive of all applicable taxes, overhead, and burdens and benefits of every nature applicable to the Services, and profit, and are valid for one year from the Effective Date of the Contract at which time the Unit Rates may be modified in accordance with the Contract.

Manufacture (Mandeville Modular, Inc)
Fee Schedule Category
Rate
Principal $350.00
General Counsel $300.00
Project Executive $288.59
Program Manager $288.59
Business Analyst $288.59
Tech Integration $288.59
Project Estimator $288.59
Production Manager $288.59
Project Scheduler $259.74
Design Manager $259.74
Construction Manager $259.74
Project Manager $250.00
Contract Manager $195.00
Financial Analyst $184.67
Project Controls $155.21

2. REIMBURSABLE EXPENSES.

N/A

3. ADDITIONAL SERVICES.

Additional Services shall be computed at the actual hourly rates listed above.

4. ADDITIONAL CONSULTANTS.

N/A
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EXHIBIT D

FEE RATES FOR MODULAR BUILDINGS AND OTHER EQUIPMENT
Description Total Cost $/SF
Architecture, Structural Engineer, Civil, MEP $ 685,045 $ 16.31 CASP Design and Review $ 48,500 $ 1.15 Volumetric Modular Units $ 7,938,000 $ 189.00 Project Management $ 105,000 $ 2.50 Total Estimated Cost $ 8,776,545 $ 208.97

15% Contingency $ 1,316,482 $ 31.34 Total Estimated Cost w/ Contingency $ 10,093,027 $ 240.31

The Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program authorized by the American Rescue Plan Act (ARPA) will be used for the total cost of the agreement in the amount of $10,093,027.

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EXHIBIT E

FUNDING SOURCES REQUIREMENTS

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EXHIBIT F
Site Design and Modular Design / Building Services

STATEMENT OF WORK & TECHNICAL SPECIFICATION:

The City is seeking a Modular Company with either an in-house architect or the ability to partner with an architect. The Modular Company will directly contract with Civil, MEP and structural to deliver a full project CD Package for submission to both the C ity and the State of California for review and approval to develop SB Hope Navigation Center Campus including all onsite work.

The selected Modular Company shall be an advocate for the City and represent the best interests of the City in the performance of services and modular building quality.

It is desirable for the Modular Supplier (Manufacturer) to have extensive experience in understanding and working concurrently with multiple public entities such as: the United States Department of Housing and Urban Development (HUD); the State of California, cities, as well as special districts such as the South Coast Air Quality Management District. It is also desirable for the Proposer to provide evidence of similar modular emergency housing projects provided, especially within the State of California. Listed experiences shall be calculated evaluation criterion.

MODULAR DESIGN: All designs must also be reviewed and approved by the City and appropriate local jurisdictions. The Manufacturer shall construct and de liver a modular building that when delivered to the project site, shall be assembled on stem wall foundations built to the Manufacturer’s guidelines and approved and inspected by the appropriate jurisdiction’s Building Department. The City is seeking to pr ovide accessible emergency housing for people experiencing homelessness which may include disabled persons. To that end, proposed modules must meet all Federal, State and Local accessibility design and construction requirements.

Manufacturer shall ensure that all applicable Building Codes are meet including but not limited to:

California Building Code (CBC); California Electrical Code (C EC); California Mechanical Code (CMC); California Plumbing Code (C PC); and the California Energy Code – Title‐24 (C EC) CalGreen (CalG).

The Manufacturer shall provide within their resumes for similar products provided for successful previous projects. Provided designs shall be a calculated evaluation criterion.

OTHER REQUIREMENTS

Fire Suppression: Manufacturer shall include within their costs all fire suppression systems and supportive appurtenances as determined by the State of California and local codes. Fire and Domestic water lines shall be pressure tested both at the before and after delivery. A General Contractor shall be separately contracted by the City to install service lines to Manufacturer’s connections.

HVAC System: Manufacturer shall include ENERGY STAR certified, ductless, multi zone heating and cooling systems as manufactured by Mitsubishi Electric or an approved equal. VRF systems are acceptable. The system shall be sized and zoned according to local code and meet all other Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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energy efficiency standards required. Brand and model numbers of proposed equipment shall be submitted with the proposal. These costs shall be included within the price per square-foot.

Appliances: Manufacturer shall include outlets, traps, drains, gas lines, electrical outlets, etc. to meet the needs of a commercial kitchen and the standards of San Bernardino County Department of Public Health standards, including but not limited to a commercial refrigerator, commercial freezer, commercial stove and commercial ovens, and a commercial hood with grease traps and fire suppression, floor drains etc. Modular Manufacturer does not ne ed to purchase equipment, however appropriate mechanical, electrical and plumbing and spacing should accommodate the aforementioned.

Commercial Kitchen: Must meet all requirements of the County of San Bernardino Department of Public Health and sizable enough to cook three meals a day for 200 individuals.

Exterior:
− Roofing system with minimum 20 -year warranty, shall be TPO, PVC, or other single ply product
− Exterior cladding installed in factory or prepped for field install − Doors and door hardware to be approved by City of San Bernardino − Exterior Lights per code
− Minimum ceiling height 8’-0”
− Windows: Material- Thermally broken aluminum
− Glass: Dual‐Paned Efficiency: Low‐E
− Insulation per code
− Walls: R‐19 Floor: R‐21 Roof: R‐38

Interior:
− Type X Finished, Texture, Washable Vinyl Wallcoverings Throughout − Painted & Textured Ceiling Throughout
− Interior lighting with Rocker‐Type (Decora) Wall Switches

− Flooring shall be commercial-grade sheet product or VCT in all areas except commercial kitchen. Commercial kitchen to receive broadcast epoxy floor with integral coving. − Vinyl topset base
− Lever Latch Door Handles

Utility:
− Electrical panels sized correctly to handle all loads − Commercial boiler system
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− 6 front loading washers, 6 front loading dryers
− Wire for Electric Programmable Thermostat
− Smoke Detector(s) w/Battery backup
− Backup Carbon Monoxide Detector(s)

Bathrooms:
− Locker room -style community bathroom which shall include (10) private ADA roll -in showers with grab bars attached to changing space with ADA benches, grab bars and locks.
− Bathroom partitions with paper holders
− (10) ADA 1.28 Gallon Low‐Flow Elongated Toilets in stalls. − (10) wall mount lavatory sinks with single lever faucets − (10) wall mounted mirrors that are shatter proof for safety. − (2) additional single occupancy restrooms for Employee/ Staff with ADA 1.28 Gallon Low- flow elongated toilets, wall mounted lavatory sinks with single lever faucets, paper holders, and mirrors in each
− Bathroom exhaust fans per code

Foundation: The Manufacturer shall design and supply a stem wall foundation plan for each module which shall meet applicable building codes. Plan shall include detailed location for points of connection for utilities including electrical, plumbing, telephone, cable and any other applicable connections.

Delivery of Modular Units: The Manufacturer shall provide the transportation of each module to the project site and set on foundation that has been provided by a general contractor contracted by the City.

Boiler sys tem: The Manufacturer shall include natural gas fired commercial boiler systems manufactured by Rheem or an approved equal. The boiler shall be sized according to local code.

Brand and model numbers of proposed equipment shall be submitted with the proposa l. These costs shall be included within the price per square-foot.

Plumbing Fixtures: The manufacturer shall include all plumbing fixtures as specified below. All fixtures shall be low flow, water saving fixtures which meet accessibility design requirements and all applicable codes. Brand and model numbers of proposed fixtures shall be submitted with the proposal. These costs shall be included within the price per square-foot.

Lighting: The Manufacturer shall include all interior and exterior lighting fixtures. Proposed fixtures shall be commercial style LED fixtures that meet all applicable energy codes. Brand and model numbers of proposed fixtures shall be submitted with the proposal. These costs shall be included within the price per square-foot.

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Flooring: Manufacturer shall install commercial sheet product or VCT with vinyl topset base where possible. Commercial kitchen shall receive broadcast epoxy floor with integral coving. Brand and style of proposed flooring shall be included with the submitta l. Final color and style shall be selected by the owner.

Bathrooms: Manufacturer shall install non-slip commercial sheet good flooring in bathroom and shower areas. Brand and style of proposed flooring shall be included with the submittal. Final color and style shall be selected by the owner. These costs shall be included within the price per square-foot.

Pricing: Proposer shall provide pricing on a per square- foot price to design, manufacture, deliver, and install each modular section. The specificat ions listed above shall not be considered an all - inclusive list of final specifications. The Manufacturer shall also include all items typically used in modular construction as a final product to be included with their costs. The pricing shall be a calculation criterion.

Production of the Modular Units : Manufacturer shall provide evidence that production shall not restrict the project’s demand. This can be shown as plant production schedule, staging/storing, and travel time to project. Production evidence shall be calculated evaluation criterion.

Assembly of Modular Units: The City retains the right to select a General Contractor (”Contractor”) to assemble the modular units at the project site. The Manufacturer shall provide a list of all pre- approved assembly contractors for warranty requirements. This list shall be provided with RFP and shall be included when the City procures Contractor for the project. The Manufacturer shall provide assembly literature that shall be included in any construction plans and specifications, or on-site guidance during installations.

Storage: The Manufacturer shall store all modules at their yard until work at each site warrants delivery and placement of each section. Delivery and placement of the modular sections shall be coordinated through the City’s General Contractor completing the onsite work.

OTHER OBLIGATIONS

SITE REGULATORY REQUIREMENTS: The City’s General Contractor will be responsible for obtaining and adhering to all permits and approvals required by the necessary regulatory agencies, including but not limited to permitting, inspection, and certification for the Site and Project. All fees required to obtain any such permits and approvals, shall be the sole responsibility of City’s General Contractor. Any s ite-specific regulatory requirements for the assembly, use and occupancy of the Modules shall be the sole responsibility of City’s General Contractor.

RELEASE OF MODULES: City’s General Contractor will release the modules for delivery once an in-factory sign off has occurred. A representative of the City’s General Contractor must visit the factory 72-hours prior to the release of modules and agree that the condition of the product meets their expectation for delivery and ready for transport.

DELIVERY: Upon completion of fabrication of a Module or Modules, the City’s General Contractor approves the release of Modules for transport and delivery. Modular Manufacturer Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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shall hire carrier to transport Modules to a temporary or permanent location as directed by City and/or City’s General Contractor (such permanent location of installation referred to hereinafter as “Property”) and Modular Manufacturer shall p ay all carrier charges. Modular Manufacturer bears responsibility for the Modules during transport, and until the City accepts them.

ON-SITE SECURITY AND WEATHER PROTECTION: Upon acceptance by the City, City’s General Contractor shall bear all responsibility for the Modules. It is highly recommended that until entire building is erected, City’s General Contractor provides security and weather protection for the Modules beginning at the time of delivery and Modules remain protected regardless of time of year.

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EXHIBIT G

FEDERAL CONTRACT PROVISIONS
During the performance of this Agreement, Consultant shall comply with all applicable federal laws and regulations, including, but not limited to, the federal contract provisions in this Exhibit “G”.

REQUIRED CONTRACT PROVISIONS IN ACCORDANCE WITH APPENDIX II TO PART 200 –

CONTRACT PROVISIONS FOR NON -FEDERAL ENTITY CONTRACTS UNDER FEDERAL AWARDS (2 C.F.R. § 200.327)
Appendix II to Part 200 (A); Appendix II to Part 200 (B): Remedies for Breach; Termination for Cause/Convenience. The Contract Documents include remedies for breach and termination for cause and convenience.

Appendix II to Part 200 (C) – Equal Employment Opportunity: If this Agreement meets the definition of a “federal assisted construction contract” in 41 CFR § 60-1.3, Consultant agrees as follows during the performance of this Agreement:

The Consultant will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termi nation; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the p rovisions of this nondiscrimination clause.

The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Consultant will not discharge or, in any other manner, discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charg e, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Consultant's legal duty to furnish information.

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The Consultant will send to each labor union or re presentative of workers with which he has a collective bargaining agreement or other contract or understanding a notice to be provided advising the said labor union or workers' representatives of the Consultant's commitments under this section and shall po st copies of the notice in conspicuous places available to employees and applicants for employment.

The Consultant will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.

The Consultant will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

In the event of the Consultant's noncompliance with the nondiscrimination clauses of this Agreement or with any of the said rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and the Consultant may be declared ineligible for further Government contracts or federally assisted construc tion contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or orde r of the Secretary of Labor, or as otherwise provided by law.

The Consultant will include the portion of the sentence immediately preceding paragraph (i) and the provisions of paragraphs (i) through (vii) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Consultant will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event the Consultant becomes involved in, or is threatene d with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Consultant may request the United States to enter into such litigation to protect the interests of the United States.

The City further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work:

Provided, That if the City so participating is a State or local government, the above equa l opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the Agreement.

The City agrees that it will assist and cooperate actively with the administering agency a nd the Secretary of Labor in obtaining the compliance of the Consultant and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Se cretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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administering agency in the discharge of the agency's primary responsibility for securing compliance.

The City further agrees that it will refrain from entering into any contract o r contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federall y assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secreta ry of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the City agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part the grant (contract, loan, insurance, guarantee) for this project; refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Appendix II to Part 200 (D) – Davis-Bacon Act: Not applicable to this Agreement since it is funded by CSLFRF.

Appendix II to Part 200 (D) – Copeland “Anti-Kickback” Act: Not applicable to this Agreement since it is funded by CSLFRF.

Appendix II to Part 200 (E) – Contract Work Hours and Safety Standards Act:

Overtime Requirements. No contractor or subcontractor cont racting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (ii) of this section the Consultant and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (ii) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workwee k of forty hours without payment of the overtime wages required by the clause set forth in paragraph (ii) of this section.

Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Consultant or subcontractor under any such contract or any other Federal contract with the Consultant, or any other federally-assisted contract subject to the Contract Work Hours and Safety Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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Standards Act, which is held by the Consultant, such sums as may be determined to be necessary to satisfy any liabilities of Consultant or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (iii) of this section.

Subcontracts. The Consultant or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (ii) through (v) of this Section and also a clause requiring the subcontractors to include these clauses in any lower -tier subcontracts. The Consultant shall be responsible for compliance by any subcontractor or lower-tier subcontractor with the clauses set forth in paragraphs (ii) through (v) of this Section.

Appendix II to Part 200 (F) – Rights to Inventions Made Under a Contract or Agreement:

If the Federal award meets the definition of “funding agreement” under 37 CFR § 401.2 (a) and the Consultant wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or res earch work under that “funding agreement, ” the Consultant must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency..

Appendix II to Part 200 (G) – Clean Air Act and Federal Water Pollution Control Act:

Pursuant to the Clean Air Act, (1) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notifica tion to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Pursuant to the Federal Water Pollution Control Act, (1 ) Consultant agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq., (2) Consultant agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal awarding agency and the appropriate Environmental Protection Agency Regional Office, and (3) Consultant agrees to include these requirements in each subcontract exceeding $150,000.

Appendix II to Part 200 (H) – Debarment and Suspension:

This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such Consultant is required to verify that none of the Consultant, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

Consultant must comply with 2 C.F.R. pt. 180, subpar t C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

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This certification is a material representation of fact relied upon by City. If it is later determined that Consultant did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

Consultant warrants that it is not debarred, suspended, or otherwise excluded from or ineligible for participation in any federal programs. Consultant also agrees to verify that all subcontractors performing work under this Agreement are not debarred, disqualified, or otherwise prohibited from participation in accordance with the requirements above. Consultant further agrees to notify the City in writing immediately if Consultant or its subcontractors are not in compliance during the term of this Agreement.

Appendix II to Part 200 (I) – Byrd Anti-Lobbying Act: Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal c ontract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

Appendix II to Part 200 (J) – §200.323 Procurement of Recovered Materials:

Consultant shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Co nservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement.

In the performance of this Agreement, the Consultant shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: competitively within a timeframe providing for compliance with the contract performance schedule; meeting contract performance requirements; or at a reasonable price.

Information about this requirement, along with the list of EPA -designate items, is available at EPA ’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

The Consultant also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.”
Appendix II to Part 200 (K) – §200.216 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment:

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Consultant shall not contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system funded under this Agreement. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities).

Telecommunications or video surveillance services provided by such entities or using such equipment.

Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Invest igation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

See Public Law 115-232, section 889 for additional information.

Appendix II to Part 200 (L) – §200.322 Domestic Preferences for Procurement:

Consultant shall, to the greatest extent practicable, purchase, acquire, or use goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured produc ts). The requirements of this section must be included in all subcontracts.

For purposes of this section:
“Produced in the United States’’ means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.
‘‘Manufactured products ’’ means items and construction materials composed in whole or in part of nonferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe ; aggregates such as concrete; glass, including optical fiber; and lumber.

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CONTRACTING WITH SMALL AND MINORITY FIRMS, WOMEN’S BUSINESS ENTERPRISE AND LABOR SURPLUS AREA FIRMS (2 C.F.R. § 200.321)
Consultant shall be subject to 2 C.F.R. § 200.321 and will take affirmative steps to assure that minority firms, women ’s business enterprises, and labor surplus area firms are used when possible and will not be discriminated against on the grounds of race, color, religious creed, sex, or national origin in consideration for an award.

Affirmative steps shall include:

Placing qualified small and minority businesses and women's business enterprises on solicitation lists;
Assuring that small and minority busi nesses, and women's business enterprises are solicited whenever they are potential sources;
Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority business, and women's business enterprises;
Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority business, and women's business enterprises; and Using the services/assistance of the Small Business Administration (SBA), and the Minority Business Development Agency (MBDA) of the Department of Commerce.

Consultant shall submit evidence of compliance with the foregoing affirmative steps when requested by the City.

COMPLIANCE WITH U.S. DEPARTMENT OF THE TREASURY CORONA VIRUS LOCAL

FISCAL RECOVERY FUND AWARD TERMS AND CONDITIONS
Maintenance of and Access to Records. Consultant shall maintain records and financial documents sufficient to evidence compliance with section 603(c) of the Act, Treasury’s regulations implementing that section, and guidance issued by Treasury regarding the foregoing. Consultant agrees to provide the City, Treasury Office of Inspector General and the Government Accountability Office, or any of their authorized representatives access to any books, documents, papers, and records (electronic an otherwise) of the Consultant which are directly pertinent to this Agreement for the purposes of conducting audits or other investigations. Records shall be maintained by Consultant for a period of five (5) years after completion of the Project.

Compliance with Federal Regulations. Consultant agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury regarding the foregoing. Consultant also agrees to comply with all other applicable federal statutes, regulations, and executive orders, including, without limitation, the following:

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Universal Identifier and System for Award Management (SAM), 2 C.F.R. Pa rt 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference.

Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference.

OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non-procurement), 2 C.F.R. Part 180, including the requirement to include a term or condition in all lower tier covered transac tions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part 180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.

Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference.

Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.

New Restrictions on Lobbying, 31 C.F.R. Part 21.

Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601-4655) and implementing regulations.

Compliance with Federal Statutes and Regulations Prohibiting Discrimination. Consultant agrees to comply with statutes and regulations prohibiting discrimination applicable to the CSLFRF program including, without limitation, the following:

Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance.

The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of r ace, color, religion, national origin, sex, familial status, or disability.

Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving feder al financial assistance.

The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance.

Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.

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False Statements. Consultant understands that making false statements or claims in connection with the CSLFRF program is a violation of federal law and may result in criminal, civil, or admin istrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.

Protections for Whistleblowers.

In accordance with 41 U.S.C. § 4712, C onsultant may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contra ct (including the competition for or negotiation of a contract) or grant.

The list of persons and entities referenced in the paragraph above includes the following:

A member of Congress or a representative of a committee of Congress; An Inspector General;
The Government Accountability Office;
A Treasury employee responsible for contract or grant oversight or management;
An authorized official of the Department of Justice or other law enforcement agency;
A court or grand jury; or
A management official or other employee of Consultant, or a subcontractor who has the responsibility to investigate, discover, or address misconduct.

Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Consultant is encouraged to adopt and enforce on-the-job seat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles, and encourage its subcontractors to do the same Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Consultant should encourage its employees and subcontractors to adopt and enforce policies that ban text messaging while driving, and Consultant should establish workplace safety policies to decrease accidents caused by distracted drivers.

Assurances of Compliance with Civil Rights Requirements. The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to the Project, including, but not limited to, the following:

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Consultant ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders su ch as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.

Consultant acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency (LEP),” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, are limited in their English proficiency. Consultant understands that the denial of access to persons to its programs, services and activities because of their limited proficiency in English is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964. Accordingly, Consultant shall initiate reasonable steps, or comply with Treasury’s directives, to ensure meaningful access to its programs, services and activities to LEP persons. Consultant understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary to ensure effective communication in the Project.

Consultant agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities.

As a resource, the Department of the Treasury has p ublished its LEP guidance at 70 FR 6067.

For more information on LEP , please visit http://www.lep.gov.

Consultant acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Consultant and Consultant’s successors, transferees and assignees for the period in which such assistance is provided.

Consultant agrees to incorporate the fol lowing language in every contract or agreement subject to Title VI and its regulations between the Consultant and the Consultant ’s subcontractors, successors, transferees and assignees:

The subcontractor, successor, transferee and assignee shall comply wi th Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise discriminating against a person on the basis of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title VI also extends protection to persons wit h “Limited English proficiency” in any program or activity receiving federal financial assistance, 42 U.S.C. § 2000d et seq., as implemented by Department of the Treasury Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement).

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the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If any personal property is provided, this assurance obligates the Consultant for the period during which it retains ownership or possession of the property.

Consultant shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions. Consultant shall comply w ith information requests, on -site compliance reviews, and reporting requirements.

Consultant shall maintain a complaint log and inform the Department of the Treasury of any accusations of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Consultant must also inform the Department of the Treasury if Consultant has received no complaints under Title VI.

Consultant must provide documentation of an administrative agency ’s or court ’s findings of non-compliance of Title VI and efforts to address the no n-compliance, including any voluntary compliance or other agreements between the Consultant and the administrative agency that made the finding. If the Consultant settles a case or matter alleging such discrimination, Consultant must provide documentation of the settlement. If Consultant has not been the subject of any court or administrative agency finding of discrimination, please so state.

If Consultant makes sub-awards to other agencies or other entities, Consultant is responsible for assuring that sub-recipients also comply with Title VI and all of the applicable authorities covered in this assurance.

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COMPLIANCE WITH AMERICAN RESCUE PLAN ACT (ARPA)

CORONAVIRUS LOCAL FISCAL RECOVERY FUND (CLFRF) FEDERAL GUIDELINES

USE OF ARPA CLFRF AND REQUIREMENTS

This Contract may be funded in whole or in part with funds provided by the American Rescue Plan Act - Coronavirus Local Fiscal Recovery Fund (ARPA), Federal Award Identification Number (FAIN): SLT0628 and Assistance Listing Number (formerly known as a CFDA number): 21.027, and therefore Contractor agrees to comply with any and all ARPA requirements in addition to any and all applicable County, State, and Federal laws, regulations, policies, and procedures pertaining to the funding of this Contract. The use of the funds must also adhere to official federal guidance issued or to be issued on what constitutes a necessary expenditure. Any funds expended by Contractor or its subcontractor(s) in any manner that does not adhere to the ARPA requirements shall be returned or repaid to the City or County. Any funds paid to Contractor i) in excess of the amount to which Contractor is finally determined to be authorized to retain; ii) that are determined to have been misused; or iii) that are determined to be subject to a repayment obligation pursuant to section 603(e) of the Act and have not been repaid, shall constitute a debt to the federal government. Contractor agrees to comply with the requirements of section 603 of the Act, regulations adopted by Treasury pursuant to the Act, and guidance issued by Treasury regarding the foregoing. Contractor shall provide for such compliance in any agreements with subcontractor(s).

Contractor agrees to comply with the following:

A. In accordance with Title 2 Code of Federal Regulations (C.F.R.) Section 200.322, the non-Federal Contractor should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

B. In accordance with Title 2 C.F.R. Section 200.471, costs incurred for telecommunications and video surveillance services or equipment such as phones, internet, video surveillance, cloud servers are allowable except for the following circumstances: Obligating or expending covered telecommunications and video surveillance services or equipment or services (as described in Title 2 C.F.R. Section 200.216) to: 1) Procure or obtain, extend or renew a contract to procure or obtain; 2) Enter into a contract (or extend or renew a contract) to procure; or 3) Obtain the equipment, services, or systems, as described in Title 2 C.F.R. Section 200.216 that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities) and: (i) For the purpose Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities); (ii) Telecommunications or video surveillance services provided by such entities or using such equipment; and (iii) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of the National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. In implementing the prohibition under Public Law 115-232, section 889, subsection (f), paragraph (1), heads of executive agencies administering loan, grant, or subsidy programs shall prioritize available funding and technical support to assist affected businesses, institutions and organizations as is reasonably necessary for those affected entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure that communications service to users and customers is sustained.

C. A non-Federal Contractor that is a state agency or agency of a political subdivision of a state and its contractors must comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at Title 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10, 000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; 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.

D. Byrd Anti-Lobbying Amendment (31 U.S.C. Section 1352) - Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by Title 31 U.S.C. Section 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award.

E. Clean Air Act (42 U.S.C. Sections 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. Sections 1251-1389), as amended - Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. Sections 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. Sections1251- 1389).

F. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of “funding agreement” under Title 37 C.F.R. Section 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,” the Title 33 U.S.C. Sections 1251-1387 recipient or subrecipient must comply with the requirements of Title 37 C.F.R. Part 401, “Rights to Inventions Made by Nonprofit Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing regulations issued by the awarding agency.

G. Contract Work Hours and Safety Standards Act (40 U.S.C. Sections 3701-3708). Where applicable, all contracts awarded by the non-Federal Contractor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compl iance with Title 40 U.S.C.

Sections 3702 and 3704, as supplemented by Department of Labor regulations (29 C.F.R. Part 5).

Under Title 40 U.S.C. Section 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of Title 40 U.S.C. Section 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous to health or safety. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

H. Davis-Bacon Act, as amended (40 U.S.C. Sections 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. Sections 3141-3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal contractor must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal Contractor must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (18 U.S.C. Section 874 and 40 U.S.C.

Section 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled.

The non-Federal contractor must report all suspected or reported violations to the Federal awarding agency.

i. The Contractor and all Subcontractors and Sub-subcontractors are required to pay their employees and workers a wage not less than the minimum wage for the work classification as specified in both the Federal and California wage decisions. See Section 3.10.6 “Prevailing Wages” for additional information regarding California Prevailing Wage Rate Requirements and the applicable general prevailing wage determinations which are on file with the City and are available to any interested party on request. The higher of the two applicable wage determinations, either California prevailing wage or Davis-Bacon Federal prevailing wage, will be enforced for all applicable work/services under this Contract.

I. Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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Council (Councils) as authorized by Title 41 U.S.C. Section 1908, must address administrative, contractual, or legal remedies in instances where Contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

J. All contracts in excess of $10,000 must address termination for cause and for convenience by the non-Federal Contractor including the manner by which it will be effected and the basis for settlement.

K. Equal Employment Opportunity. Except as otherwise provided under Title 41 C.F.R. Part 60, all contracts that meet the definition of “federally assisted construction contract” in Title 41 C.F.R. Section 60-1.3 must include the equal opportunity clause provided under Title 41 C.F.R. Section 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” The identified clause is below and Contractor shall comply with the clause and all legal requirements and include the equal opportunity clause in each of its nonexempt subcontracts.

i. The applicant hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at Title 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause:

During the performance of this contract, the contractor agrees as follows:
(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
(3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information.
(4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance:

Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.

The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, Docusign Envelope ID: 6E7DF8BD-76C4-4750-AB5D-400F7E2F59F9

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instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

Mayor and City CouncilNovember 5, 2025

Mayor and City Council
November 5, 2025