Agenda packet — Mayor and City Council, December 3, 2025 (part 6 of 7)

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Packet Page. 1178
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5826ABA6871A Attachment B
Organizational Chart and Resumes
Hilltop Geotechnical, Inc.

On-Call City of San Bernardino
20 P22203
June 2, 2022
Packet Page. 1179
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5826ABA6871A Hilltop Geotechnical lnc.'s Project Team
Shaofu (Mac) Chen
Principal Engineer PE
Michael Carrillo
Pro·ect Mana er - Dis atch / 24 Hour
Engineers and Geologists:

Ashley Hulett, PG
Lous Gomez, GIT
Other Geologists &
Engineers:

Ashley Hulett, PG
Richard George, CEG
Administration:

Michelle Davis
Laboratory Manager:

Kevin Beath
Laboratory Staff:

Justin Gordon
Inspector/Technician Team:

Manny Beaza, Lead Inspector
Inspector/Technician Team:

Joseph Gonzalez, Aaron Salatino,
Justin Gordon, Keaven Swift
Doug Williams, Daneil Munyifwa
HIU..:I OP GEOTECHNICAL

INCORPORATED
Packet Page. 1180
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A HIU.. TOP GEO I EGHNICAL, INC.

San Bernardino Office
786 S. Gifford Avenue
San Bernardino, California 92408
Tel.: (909) 890-9079 Fax (909) 890-9055
m. carrillo@h geotech.com
"A Foundation You Can Build On'
hilltopg" h geotech.com

MICHAEL CARRILLO

PROJECT MANAGER

EDUCATION
·--rwz □ •• ,--:rrrw-aw·· - r s ·rwsZWZZTR .,_ ff L ERSE W" • San Bernardino Valley College- Various course work.

CERTIFICATES
• CPNffroxler Nuclear Gauge Certification
• Radiation Safety Officer
• ICC Reinforced Concrete/Structural
Masonry/Soils
• AC! Certified Technician
• ACI Certified Trainer
• ASTM Certified CI064, Cl72, Cl43,
C l 38, C23 l, C l73 and C3 I

PRINCIPAL EXPERIENCE
,;;em-,· - -- ---- --- = IT .. - &i-,w SO
• Over 33 years of experience in soils and materials testing for various types of projects. As a supervisor, Mr. Carrillo is responsible for providing overview of construction inspection of soil and concrete on school construction proj ects, public works projects, and residential, commercial, and industrial developments. He is experienced in field density testing of soils with sand cone, drive tube and nuclear gauge test methods. He is also experienced in concrete, structural masonry and asphalt concrete inspection and testing. He has been a project manager for over 20 years.

PROJECT EXPERIENCE
itiiSiF:fiiir· .. rEZFW::iiiifjjffjjf:iiie:~-wffiiifiz:::::nn ,w;Q'""::iii:r::Wziirl"°if' a~ fiUf:5iifTTt • z r EEiiiii z, • Kitching/Karma Substation, Moreno Valley CA - Provided grading, post grading, and special inspection inspections. Responsible for observation and density testing during site grading, and post grading including verification of grading over excavation requirements, and sand cone/nuclear gauge density testing of soil, and ACI concrete. • Hubbard St., Moreno Valley CA - Inspected and performed quality assurance testing of utilities trenches 20 feet deep, street widening, asphaltic concrete on grade and batch plant inspection. • Terra Lago, Indio CA. - Provided grading, post grading, and special inspection inspections.

Responsible for observation and density testing during site grading, and post grading including verification of grading over excavation requirements, and sand cone/nuclear gauge density testing of controlled fills, trench backfill, and asphaltic concrete.

HILLTOP GEOTECHNICAL, INC.

Packet Page. 1181
DocuSign Envelope ID: 2E0C9508-C4DA-4643-AOD8-5B26ABA6871A • Fairmount Park, City of Riverside, CA - Provided grading, post grading, and special inspections Responsible for observation and density testing during site grading, and post grading including verification of grading over excavation requirements. • Pulte Homes, Apple Valley CA - Provided grading, post grading and special inspection inspections Responsible for observation and density testing during site grading, and post grading including verification of grading over excavation requirements, and sand cone/nuclear gauge density testing of controlled fills, trench backfill and asphaltic concrete. • Lyon Homes, Mentone CA - Provided grading, post grading and special inspections Responsible for observation and density testing during site grading, and post grading including verification of grading over excavation requirements, and sand cone/nuclear gauge density testing of controlled fills, trench backfill and asphaltic concrete. • Indian St, Perris CA - Performed quality assurance testing of checking grade, flow and compaction for sewer and water pipelines, and soil subgrade, aggregate base, finish grade and asphaltic concrete paving and quality assurance testing of soils and paving. • UTC Aerospace, Riverside CA - Perfonned quality assurance testing of checking grade, and compaction for soil subgrade, aggregate base, finish grade and quality assurance testing of soils and concrete.
• BNSF Railroad, Niland CA. - Performed quality assurance testing of checking grade, and compaction for soil subgrade, aggregate base, finish grade and quality assurance testing of soils of railroad.
• TurnbuU Canyon Rd. Hacienda Heights CA - Performed quality assurance and compaction testing of water1ine trenches, street widening, sub grade and base grade. • Arrowhead Boulevard Rehabilitation, San Bernardino, CA - Performed quality assurance testing of checking grade, flow, joints, thrust blocks and compaction for sewer and water pipelines, and soil subgrade, aggregate base, finish grade, and asphaltic concrete paving and quality assurance testing of asphaltic concrete on grade and batch plant inspection and the placement of geo grid and fabric.
• Bear Valley Mall, Victor Valley, CA - Pertbnned quality assurance testing of checking grade, flow, joints, thrust blocks, and compaction for sewer and water pipelines, and soil subgrade, aggregate base, finish grade, and asphaltic concrete paving.

Packet Page. 1182
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A HIU.'TOP GEDTECHNICAL
786 S. GIFFORD AVENUE• SAN BERNARDINO· CA 92408
Phone 909-890-9079 • FAX 909-890-9055
[email protected]
Shaofu Chen

REGISTRATION/CERTIFICATIONS
♦ Professional Engineer (P.E. C76834)
• Certified Engineering Geologist (C.E.G. 2688)
♦ Professional Geologist (P.G. 8536)

SUMMARY OF QUALIFICATIONS
• Over 15 years of professional experiences in geotechnical engineering investigationsand recommendations for residential and commercial development, school and hospital construction, and public work projects and environmental investigation and contaminated soil and groundwater remediation.
• Two master's degrees in Geotechnical Engineering and Environmental Geology. • Proven ability to perform engineering analyses and feasibility study for large scale public development and had relevant experiences.
• Experience in subsurface exploration, field and lab data evaluation, report preparation, and field inspection.
• Experience in recommendations for mass grading, compaction, and foundation design. • Experience in project management including project bid preparation, bid evaluation, consultant selection, and budget management.
• Experience in environmental assessment including site characterization and hydrogeologic assessment for sites impacted with contaminants, such as petroleum hydrocarbons, chlorinated chemicals, pesticides, heavy metals, etc. and remedial system design and implementation.
• Excellent computer skills in application software (SLIDE, El-Frisk, Word, Access, Excel, Power Point, CorelDraw, AutoCAD, Photoshop, etc.), programming languages (FORTRAN, JAVA, C/C++, etc.) and operation systems (Windows, Unix, etc.)

PROFESSIONAL EXPERIENCE
Principal Engineer/Geologist, MTC Engineering, Temple City, June 2015-March 2021 • Review field exploratory records and evaluate site conditions. • Generate geologic cross-sections, model hill slopes, and conduct slope stability analyses using computer software.
• Direct AP fault study and feasibility evaluation of the project. • Perform liquefaction studies for proposed developments in designated liquefaction zone including calculating potential settlement and recommending remediation methods. • Conduct geotechnical engineering analysis, recommend slope stabilization methods and feasible foundation design, and compile geologic and geotechnical engineering report. • Review and approve foundation design plans and grading & drainage plans. • Conduct environmental site assessment and provide remedial action for site cleanup.

Packet Page. 1183
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5826ABA6871A Project Manager, Thrifty Oil Co., Santa Fe Springs, Dec. 2010-May 2015 • Direct and coordinate site environmental assessments and remedial feasibility studies for gasoline stations and petroleum refinery.
• Prepare remedial action plans and direct remediation system designs, installations, and operation & maintenance for gasoline stations.
• Prepare site assessment work plans, site assessment reports, pilot testing reports, groundwater monitoring reports, and remediation system performance reports, etc. • Monitor remedial activities for each site to ensure compliance with permits. • Review technical reports prepared by consultants.
• Prepare packages for bids and evaluate bids and issues the purchase orders. • Monitor and control expenses for each remediation site. • Communicate with local and state agencies and recommend for various remedial actions to lead case closures.

Senior Engineer/Geologist, Hydrologue, Inc., Pasadena, Jan. 2005-Nov. 2010 • Review site topo and geologic map, aerial photos and hydrogeologic background and prepare cost proposal/bid.
• Perform site investigation including geologic structure mapping, drilling, test pit, sampling, fault trench, percolation test, etc.
• Direct lab testing and conduct seismic risk analysis, slope stability and liquefaction potential analysis if needed.
• Prepare figures and compile soil report, which includes recommendations for foundation type and design criteria, expected total and differential settlement, compacted fill materials and testing, special design and construction provisions for mitigation of the effects of special site conditions, etc.
• Review & modify civil and engineering plan in conformity with recommendations. • Perform Phase I and Phase II environmental assessment including site characterization and hydrogeologic assessment for sites impacted with contaminants, such as petroleum hydrocarbons, chlorinated chemicals, pesticides, heavy metals, etc. • Typical projects such as upgrading and seismic retrofitting for Pasadena City Hall, redevelopment of Pasadena Power Plant, numerous re-development projects forPasadena Unified School District and Chaffey Joint Union High School District, etc.

Research Engineer, Center for Protective Technology, Singapore, August 1997-July 2000
• Perform site characterization including site geologic specifications, building & substructure distribution, and mechanical property testing for soil and rock. • Develop a 3-D dynamics finite element software with creative algorithm to simulate soilstructure interaction under dynamic loading. • Model ground shock impact on building and substructure due to underground magazine blasting and compute inhibition distance of structure.
• Simulate surface explosion impact on underground protective structures and recommend solutions for improvement.

Packet Page. 1184
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A

EDUCATION
"' Master of Engineering in Civil Engineering, National University of Singapore. "' Master of Science in Environmental Geology, East China Normal University, China. "'Bachelor of Science in Engineering Geology, Zhongshan University, China.

Ever participated and completed the major public projects in the following:

1. Upgrading and seismic retrofit of Pasadena City Hall (2005-2007). As one team member, I conducted a geotechnical investigation, compiled geotechnical report, and foundation inspection, and mass grading.

2. Major plant expansion of Pasadena Power Plant (2007-2008). As a major investigator, I performed a geotechnical and· environmental investigation including sampling and compiled report.

3. East Pasadena Major Transmission Tower for City of Pasadena (2009). As a major investigator, I conducted a geotechnical investigation and compile report.

4. Re-pavement of Sports Track and Upgrade of Sport Field for John Muir High School in Pasadena Unified School District (2009). As a major investigator, I performed a geotechnical investigation and compiled the soil report.

5. Auditorium Hall Addition for San Rafael Elementary School (2009). As a major investigator, I conducted a geotechnical investigation including liquefaction and fault studies and compiled the soil report.

6. Auditorium Hall Addition and Upgrade of Sport Field for San Gabriel Middle School (2009-2010). As a major investigator, I conducted a geotechnical and environmental investigations and compiled the geotechnical report and environmental assessment report.

7. Auditorium Hall Addition of Ontario High School (2010). As a major investigator, I conducted a geotechnical and environmental investigation and compiled the investigation reports.

8. Geotechnical and Environmental Investigations for Development of Sulphur Spring Elementary School in Santa Clarita (2005-2006). As a major team member, I performed field exploration, sampling, environmental monitoring, and sampling, and compiled the soil report and environmental assessment report, and oversaw mass grading.

Packet Page. 1185
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A

HILL TOP GEOTECHNICAL, INC,
'A FounrJatic r You Can Build On
San Bernardino Office
786 S. Gifford Avenue
San Bernardino, California 92408
Tel.: (909) 890-9079 Fax (909) 890-9055
[email protected] or
hilltopg:0 h geotech.com

MANUEL BAEZA

INSPECTOR

EDUCATION
E SF -g·zyg··· FT -.. -.- RI - IT5N Fl ---+i - •• TITZ:ERAi'iiiil i' . T :iiiii'ir • Mount San Jacinto College - General Education.

CERTIFICATES
• CPNffroxler Nuclear Gauge
Certification
• Radiation Safety Officer
• ACI Certified Technician
• ACI Certified Trniner

PRINCIPAL EXPERIENCE
•
•
ICC Reinforced Concrete/Soils
ASTM Certified CJ064, C172,
Cl 43, C138, C231, Cl 73 and
C3 1
355 -- - -~·· ---· --s»FFflriJ&Fi · -- FAt¥-·-; ThSiiirifi£F z -· -- ·-. --~ -- With over 6 years' experience in observation/inspection and testing of soils and reinforced concrete for various types of projects. As an ICC Special Inspector, Mr. Baeza is responsible for providing inspection and quality control of soil, and concrete on public works projects, residential, commercial, and industrial developments. He is experienced in field density testing of soils with sand cone and nuclear gauge test methods. He is also experienced in concrete, masonry, and asphalt concrete inspection.

PROJECT EXPERIENCE
W?WG r=--;y EFC77 ?s-liM w · - -·za:XIT·-~- JCTW • C SIWRiiiIT 7iii jj Hubbard St., Moreno Valley CA - Inspected and performed quality assurance testing of utilities trenches 20 feet deep, street widening, asphaltic concrete on grade and batch plant inspection.

San Bernardino International Airport Demolition Pad, CA. - Provided grading, post grading, and special inspection inspections. Responsible for observation and density testing during site grading, and post grading including verification of grading over excavation requirements, and sand cone/nuclear gauge density testing of controlled fills, trench backfill, asphaltic concrete and PCC concrete taxiway inspections.

Packet Page. 1186
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5826ABA6871A Chino Hills State Park, CA. - Provided grading, post grading, and special inspection inspections. Responsib]e for observation and density testing during site grading, soil nail walls, utility trench backfills, soil abutments, and asphaltic concrete.

San Bernardino District Attorney Parking Structure CA. - Provided grading and special inspection of reinforced concrete. He was responsible for observation and density testing dwing site grading, and post grading including verification of grading over excavation requirements, and sand cone/nuclear gauge density testing of control1ed fills, trench backfill and asphaltic concrete. Additionally, special inspections were performed on Reinforced Concrete of the 2-story parking structure. • Terra Lago, Indio CA. - Provided grading, post grading, and special inspection inspections.

Kitching/Karma Substation, Moreno Valley CA - Provided grading, post grading, and special inspection inspections. Responsible for observation and density testing during site grading, and post grading including verification of grading over excavation requirements, and sand cone/nuclear gauge density testing of soil, and ACI concrete.

Fairmount Park, City of Riverside, CA - Provided grading, post grading, and special inspections Responsible for observation and density testing dwing site grading, and post grading including verification of grading over excavation requirements.

Indian St, Perris CA - Performed quality assurance testing of checking grade, flow and compaction for sewer and water pipelines, and soil subgrade, aggregate base, finish grade and asphaltic concrete paving and quality assurance testing of soils and paving.

Arrowhead Boulevard Rehabilitation, San Bernardino, CA - Performed quality assurance testing of checking grade, flow, join~, thrust blocks and compaction for sewer and water pipelines, and soil subgrade, aggregate base, finish grade, and asphaltic concrete paving and quality assurance testing of asphaltic concrete on grade and batch plant inspection and the placement of geo grid and fabric.

UTC Aerospace, Riverside CA - Performed quality assurance testing of checking grade, and compaction for soil subgrade, aggregate base, finish grade and quality assurance testing of soils and concrete.

Packet Page. 1187
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A A. HIU.TOP GEOTECHNICAL, INC. f ~ "A Foundation You Gan Build On" San Bernardino Office
786 S. Gifford Avenue
San Bernardino, California 92408
Tel.: (909) 890-9079 Fax (909) 890-9055
k.beath@h geotech.com
hilltopga h geotech.com
KEVIN R. BEATH

LABORATORY MANAGER

EDUCATION
YTsf1iRTTFF TI azwe re w r -"iifii?IT w:s&:Fiifiiiffi':iiiWiifirfi:i"«T -; ... ~., -ii siiiifiwi • Chaffey College• Various Course work.

Rancho Cucamonga, Ca, 1978
• San Bernardino Valley College- Various Course work
San Bernardino, Ca, 1986

CERTIFICATES
• Concrete Field Testing Technician,
ACI#100822, 7/16/2026
• Concrete Laboratory Testing Technician,
Hilltop Geotechnical Inc, 7/25/2023
• Nuclear Gauge Training Class, June, 2004

PRINCIPAL EXPERIENCE
• ASTM Certified C29, C31, C39, C40, Cl17,
C127, C128, C136, C138, C143, C172, C173,
C231,C566, C617, C702, Cl064, C1231, D75
• CALTRANS Certified CTM's 106, 125AC,
125AGG, 125PCC, 201, 202,216,217, 226,
227,301,304,308,366, 382,504,518,521,
533,539,540,643, 556&557
i5ii¥ft1 CWT F5F775iE JEER iiiii -ifi:iiiir7i'filit2:255- :-?TF5F? --·EEs?J-· - +--r·z tiiifiiiii::i4 Over 20 years of experience in geotechnical testing and construction materials quality control. His service as Laboratory Manager h as provided him with a high degree of technical experience, and effective administration experience while managing tasks and technical personnel. Mr. Beath has also acted as a Field 'I'echnician when called upon for the company's needs.

Mr. Beath has been involved with the geotechnical testing aspect of many diverse projects. His experience of testing covers a varied range including A.S.T.M., A.A.S.T.H.O and Caltrans testing methods. All laboratory testing is primarily related to soil, aggregate, concrete and asphalt materials. Light "Field Tech" experience includes compaction testing of curb and gutters, sewer backfill and paving materials. Mr. Beath also has experience in concrete field inspection work, such as fabrication of cylinder, testing of slump, air content and unit weight of P.C.C.

IDLLTOP GEOTECHNICAL, INC.

Packet Page. 1188
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5826ABA6871A PROJECT EXPERIENCE -□ □□ TT F~Fi ER
KEVIN R. BEATH

LABORATORY MANAGER
Page2
FF •
• Del Webb's Sun City Palm Desert Project - The project in Palm Desert represents one of Del Webb,s premier retirement communities. Mr. Beath has been involved in both field and laboratory testing on this project. Compaction testing, fabrication of concrete test, and soils chemical testing were conducted for the project. (Both ASTM and CALTRANS laboratory testing)
• Dreacea, Street Improvement, Moreno Valley, CA - Provided concrete inspection service and fabrication oftest cylinder for sidewalk and curbs. Also laboratory testing of asphalt used on site. • KZ Holding, 7-11, Lugonia Avenue, Redlands, CA - Provided concrete inspection services and fabrication oftest cylinders for footings, floor slab and sidewalks. • Universal Truss, Fontana, CA - Provided asphalt inspection services and compaction testing. Also provided labordtory testing services for asphalt sample obtained from the project. • 1-10 at California Street, Street Improvement, Redlands, CA - Provided batch plant inspection for concrete trucks loaded for the project site.
• Orange at Boulder Avenue, Street Improvement, Highland, CA- Provided concrete inspection setvices and fabrication of test cylinder for light standards.
• Riverside Unified School District, Riverside, CA-Provided laboratory testing suppor1 services for Site expansion projects for various school in the district. Provided laboratory testing on soil sample brought in from the various sites. Testing Included but not limited to Maximum Density @ Optimum Moisture, Expansion lndex Sieve Analysis, Ring Density, Moisture Content, Sand Equivalent, Sulfate, Chloride, Resistivity, PH, Consolidation, and Plasticity Index.
• Shadow Hil1s, Palm Desert, CA-Provided laboratory testing support services for HGJ's Preliminary Investigation and on-going production. Laboratory testing including but not limited to Maximum Density (ASTM & Caltrans), Ring Density, Sieve Analysis, Expansion Index, Consolidation, Plasticity Index, Sand Equivalent, Chemical Testing, R-Value, also Compressive Strength of Concrete Cylinders, Grout Prisms and Mortar Cylinder.
• Talavera by D.R. Horton, Indio, CA-Provided laboratory testing support services for HGPs Preliminary Investigation and on-going production of a residential community. Laboratory testing including but not limited to, Max. Density, Ring Density, Chunk Density, Moisture Contents, Expansion lndex, Sand Equivalen4 Consolidation, Sulfate, Chemical testing for corrosive soils, Plasticity Index, Sieve Analysis, HILLTOP GEOTECHNICAL, INC.

Packet Page. 1189
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5826ABA6871A KEVIN R. BEA TH

LABORATORY MANAGER

Page 3 ends

Soil Classification, Direct/Remolded Shears, R-VaJues and Compressive Strength Testing of Concrete, Grout and Mortar test specimens
• Rancho Summit, Pulte Homes at Rancho Cucamonga, CA-Provided laboratory testing support services for HGl's Preliminary Investigation and On-going Production of a residential community. Laboratory testing including but not limited to Max. Density, Ring Density, Moisture Contents, Expansion Index, Plasticity Index, Sand Equivalent, Consolidation, Sieve Analysis, Sulfate, Chemical testing for corrosive soils and R-Values.
• Fontana Courthouse-Provided laboratory testing support services for HG I's geotechnical engineering and Special Inspection, Compaction testing of soils and laboratory quality assurance testing services for a $6.4 million expansion and remodel project for the County of San Bernardino A & E department. • Highland Library and Learning Center - Provided laboratory testing support services including limited geotechnicaJ studies, project management, geotechnical engineering and Special Inspection, Compaction testing of soils and laboratory quality assurance testing services for a $12.4 miJlion construction of a new 32,000 sq. ft. library project for the City of High)and, CA. • Crestline Library-Provided laboratory testing support services for HGI's geotechnical engineering and Special Inspection, Compaction testing of soils and laboratory quality assurance testing services for a $5.4 million construction of a new library project for the County of San Bernardino A & E department. • Highland Police Station-Provided geotechnica1 services including limited geotechnical studies, project management, geotechnical engineering and Special Inspection, Compaction testing of soils and laboratory quality assurance testing services for a $8 million construction of a 2 building, 4.5 acre, 36,000 total sq. ft.

Leed certified police complex project for the City of Highland, CA. • New Fire Station #JO-Provided laboratory testing support services for HGI's geotechnical engineering and Special Inspection, Compaction testing of soils and laboratory quality assurance testing services for a new fire station on Beekley road, in Phelan, CA. for the County of San Bernardino, Special Districts department.
• Renck CC Project at City of Riverside's Hunt Park-Provided laboratory testing support services for HGJts geotechnical engineering and Special Inspection, Compaction testing of soils and laboratory quality assurance testing services for a $5.26 million construction of a 15,7745 Sq Ft building, 13.7 acre, community center and Gymnasium for the City of Riverside=s Park & Recreation department. • Victorville Court House - Provided laboratory testing support services for HGl's geotechnical engineering, and Special Inspection, Compaction testing of soils and laboratory quality assurance testing services for the County of San Bernardino.

HILLTOP GEOTECIINICAL, INC.

Packet Page. 1190
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A

HILLTOP

GEOTECH NIC AL
PartB Fees

PROPOSAL TO

PROVIDE PROFESSIONAL SERVICES FOR

AS NEEDED, ON-CALL GEOTECHNICAL

INVESTIGATION AND CONSTRUCTION

MATERIAL TESTING SERVICES FOR

VARIOUS CAPITAL IMPROVEMENT

PROGRAM (CIP) PROJECTS TO CITY OF

SAN BERNARDINO DEPARTMENT OF

PUBLIC WORKS/ENGINEERING DIVISION
HILLTOP PROPOSAL NO.: P22203
JUNE 2, 2022
SUBMITTED TO:

CITY OF SAN BERNARDINO

DEPARTMENT OF PUBLIC WORKS
600 NORTH ARROWHEAD AVENUE, 2No FLOOR
SAN BERNARDINO, CA 92401
ATTN: MR. ISSA SAED, CIVIL ENGINEER, P.E.

PREPARED BY:

HILL TOP GEOTECHNICAL, INC.
786 SOUTH GIFFORD AVENUE
SAN BERNARDINO, CA 92408
Packet Page. 1191
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A /
. HILLTOP
/ B(OTECHNICAL
June 2, 2022
City of San Bernardino
Department of Public Works
290 North D Street
San Bernardino, CA 92401
Attention: Mr. Issa Saed, Civil Engineer, P.E.

PartB Fees
Proposal P22203
Subject: Proposal to Provide As Needed, On-Call Geotechnical Geotechnical Investigation and Construction Material Testing Services for Various Capital Improvement Program (CIP) Projects for the Department of Public Works/Engineering Division, City of San Bernardino.

Reference: City of San Bernardino Department of Public Works, May 1, 2022, Request for Proposals (RFP) to Provide As Needed, On-Call Geotechnical Investigation and Construction Material Testing Services for Various Capital Improvement Program (GIP) Projects; Prepared by the Department of Public Works/Engineering Division, City of San Bernardino.

Hilltop Geotechnical, Inc. (Hilltop) wishes to thank you for consideration of us to provide you with as needed, on-call geotechnical investigation and construction material testing services for various capital improvement program (GIP) projects that you might require. In accordance with your request, we are pleased to submit this proposal. Based upon the referenced 'Request for Proposal' it is our understanding that various types of soils, concrete and asphalt testing will be required for various projects within the city.

Hilltop Geotechnical, Inc.

On-Call City of San Bernardino
1 June 2, 2022
Packet Page. 1192
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A P22203
Hilltop looks forward to providing professional services to you for your upcoming projects. If there are any questions after reviewing the enclosed information, please do not hesitate to call the undersigned at (909) 890-9079, at your convenience. The opportunity to be of professional service to you is sincerely appreciated.

Respectfully submitted,
HILL TOP GEOTECHNICAL, INC.

Michael Carrillo
Operations Manager
Hilltop Geotechnical, Inc.

On-Call City of San Bernardino
2 June 2, 2022
Packet Page. 1193
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A HILLTOP GEOTECHNICAL, INC.

HIU.TOP GEDTECHNICAL Part B Fees 2022 SCHEDULE OF FEES

INSPECTORS
Materials Inspector
Building Inspector
Building Inspector
Inspector of Record
Specialty Inspector
Soils Inspector
Soils Inspector
July 2022-Junc 2023
Rates reviewed based on Prevailing Wage Annual Increase. (Concrete. Masonry, Structural steel and Welding. Fireproofing. Shotcrete) ......................... S (Wood Construction) .............................................................................................................. . S (MEP) ...................................................................................... ........................ ........................ S (/OR, In-Plant. DSA/OSHPD) .................................................................................................. S (Gfu-Lam Beams/Seismic Resistance/E/FS/Firestopping/Trusses at Fab Shop/Med Gas) .... $ (Soils. Asphalt, Piles) .............................................................................................................. $ (Soils. Asphalt. Piles) .............................................................................................................. $

LABORATORY HOURS AND TESTING SERVICES
Laboratory hours are 7:00 a.m. through 4:00 p.m., Monday through Friday. Break results available at 8:00 a.m.

Additional charges will be made for off-hours. weekends or holidays as follows:

Off-hour Laboratory Operations per hour ........................................................................ ;: ............................................ $ Saturday Laboratory Operations per hour ..................................................................................................................... $ Sunday or Holiday Laboratory Operations per hour ...................................................................................................... S Materials Pick Up Sample Trip Charge ......................................................................................... ............................... S After Hours Pick Up Sample Trip Charge ...................................................................................................................... S

ENGINEERING AND PROFESSIONAL SERVICES
Senior Engineer/ Senior Geologist ................................................................................................................................ $ Staff Engineer/Geologist ............................................................................................................................................... $ Project Manager/ Field Supervisor ............................................................................................................................... $ Administration ................................................................................................................................................ $ Drafter ........ ........................................................................................................................................ $ Test Technicians Lab - Materials .................................................................................................................................. $ Certified Payroll ......................... .............................. ......................................................................... ................ $ Court Appearance (4-Hour Minimum) ........................................................................................................................... $ Preparation for Court, Consultation (In our Office) ........................................................................................................ $ Preparation for Court, Consultation (Out of our Office, 4-Hour Minimum) .................................................................... $ Expert Witness Testimony (Corporate Officers and Engineers) ................................................................................. ..

Deposition (portal to Portal, 4-Hour Minimum) .............................................................................................................. $

REPORTS
Final Materials Compliance Report ............................................................................................................................... $ Monthly Materials Compliance Report .......................................................................................................................... $ Final Laboratory Verified Report (LVR) DSA-291 (Required for DSA Projects) ............................................................ $ Interim Verified Report (LVR) DSA-291 or DSA 293 (Required for DSA Projects) ........................................................ $ Interim Report from Engineer ........................................................................................................................................ S Review of Existing Mix Design, Determination of Proportions (3-5 Bus. Day Result) ................................................... S Review of Existing Mix Design, Determination of Proportions (1-2 Bus. Day Result) ................................................... S Report for Special Services/ Off Site Testing ............................................................................................................... $ Final Grading/ Compaction Report (Comprehensive) .................................................................................................. S Final Geotechnical Verified Report (GVR) DSA-293 (Required for DSA Projects) ....................................................... S Pad Certificate Report ................................................................................................................................................ S Utility Trench Compaction Report ................................................................................................................................. $ Wall Backfill Report ................................................................................................................................................ S Monthly Interim In-Grading Report ................................................................................................................................ $ Pile/Shoring Monitoring Report ..................................................................................................................................... $ Plan Review (Grading/ Foundation) .............................................................................................................................. $ Extra Stamped Reports ................................................................................................................................................ $

MINIMUM HOURLY CHARGES
Minimum charges will apply for 2, 4 & 8 hour blocks defined as follows:
2-hour minimum: Inspector shows up, no work requested or performed 4-hour minimum: 1 to 4 hours.
8-hour minimum: Work over 4 hours.

Note: Less than 24-hour call-out notice may necessitate premium charges.

Prevailing Wage
135.00 Per Hour
135.00 Per Hour
135.00 Per Hour
135.00 Per Hour
Quote Per Hour
135.00 Per Hour
135.00 Per Hour
500.00 Per Hour
500.00 Per Hour
750.00 Per Hour

55.00 Per Trip
100.00 Per Hour
21 0.00 Per Hour
180.00 Per Hour
140.00 Per Hour

75.00 Per Hour

85.00 Per Hour

75.00 Per Week
350.00 Per Hour
250.00 Per Hour
250.00 Per Hour
Quotation
275.00 Per Hour
500.00 Each
150.00 Each
500.00 Each
100.00 Each
500.00· Each
150.00 Each
300.00 Each
200.00 Each
2,500.00 Each
1,000.00 Each
1,500.00 Each
2,500.00 Each
1,500.00 Each
1,000.00 Each
2,000.00 Each
1,000.00 Each
150.00 Each
Packet Page. 1194
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A ASTM Physical Characteristics Part B Fees

SOIL AND AGGREGATE
C29 Unit Weight. ............................................................................................................................. $ 04829 Expansion Index .................................................................................................................... $ C117,D1140 #200Wssh .............................................................................................................................. $ C136 Particle-Size Distribution - WSieveA Analysis (retained on # 200 sieve) ................................... $ 01140, D422 Particle-Size Distribution - Sieve Analysis+ Hydrometer Combined ...................................... $ 04318 Atterberg Limits ....................................................................................................................... $ 02435 Consolidation .......................................................................................................................... $ 02419, CTM 217 Sand Equivalent Value of Soil and Fine Aggregate {Set of Three) ......................................... $ C127 Specific Gravity and Absorption (Coarse Aggregate) .............................................................. $ C128 Specific Gravity and Absorption (Fine Aggregate) .................................................................. $ 0854 Specific Gravity (Soil) .............................................................................................................. $ 02216 Moisture Content. .................................................................................................................... $ 03080 Dired Shear (3 Points) ............................................................................................................ $ 03080 Direct Shear Remolded sample (3 points) .............................................................................. $ 01557-A,B Maximum Density ................................................................................................................... $ 01557-C Maximum Density ................................................................................................................... $ 02844, CTM 301 R-Value (3 Points} ................................................................................................................... $ CTM 229 Durability Index (coarse ) ........................................................................................................ $ CTM 229 Durability Index (fine) .............................................................................................................. $ C142 Clay Lumps & Friable Particles ............................................................................................... $ 03744, CT 229 Durability Index for Coarse Aggregates .................................................................................. $

CHEMICAL PROPERTIES
CTM643
CTM643
CTM417
CTM422
CTM 643,417,422

ASPHALT CONCRETE
C192
D136
D1188
02726, D6926
05581

CONCRETE
C39
C469
C495
C42
C42
C42
C157
C567
C567
C567
C684
C157
C495
C138
C173
C231
C78
C496
F1869
F2170
A615
F2170

MASONRY
BLOCK
C780
C109
C1019
C1314
C1314
C140
Resistivity ................................................................................................................................ $ pH ........................................................................................................................................... $ Sulfate ..................................................................................................................................... $ Chloride ................................................................................................................................... S Corrosivity Series .................................................................................................................... $ Review of Existing Mix Design ................................................................................................ $ Gradation of Extracted Sample ............................................................................................... $ Unit Weight - Molded Specimen or Cores .............................................................................. $ Compacted Maximum Density - MARSHALL. ........................................................................ $ Field Mix - Marshall - Stability Per Point... ............................................................................ .

Concrete Cylinders Compression Test W x 12; .................................................................... $ Concrete Cylinder Compression Test with MOE (Modulus of Elasticity) ................................ $ Lightweight Fill Concrete (3" x a~) ........................................................................................... $ Shotcrete/Gunlte Cores, 6" Max. Diameter ............................................................................. $ Gunlte Cores, s• Max. Diameter, w/ Core Trim ....................................................................... $ In Laboratory Core Cutting ...................................................................................................... $ Grout Shrinkage (3 Bars - Four Readings, Up to 90 Days} .................................................... $ Unit Weight of Hardened Light Weight Concrete .................................................................... $ Unit Weight of Hardened Light Weight Concrete (Oven Dry) .................................................. $ Equilibrium Density of Hardened Light Weight Concrete ........................................................ $ Rapid Cure Concrete Cylinders (Boil Method) ........................................................................ $ Drying Shrinkage (3 Bars - Four Readings, Up To 90 Days) ................................................. $ Lightweight Fill Concrete Density ............................................................................................ $ Density (Unit Weight) of Concrete ........................................................................................... $ Air Entrainment Test (Volumetric Method) ............................................................................... S Air Entrainment Test (Pressure Method - Non LightweightAggregate) .................................. S Flexure Test 6° x s· Beams ..................................................................................................... S Splitting Tensile 6" x 12" Cylinders .......................................................................................... S Measuring Moisture Vapor Emission Rate ........................................................................... $ Relative Humidity Probe .......................................................................................................... $ Chemical Analysis ................................................................................................................... $ Relative Humidity .................................................................................................................... $ Mortar Cylinders (2" x 4•) ........................................................................................................ $ Mortar Cubes (2" x 2•) ............................................................................................................. $ Grout Prisms (3" x 6n) ............................................................................................................. $ Grouted Prisms Compression (Masonry Assemblage) Test S8" x a• x 16" ............................. $ Grouted Prisms Compression (Masonry Assemblage) Test >8" x a• x 12" ............................. $ Moisture Content as Received each ....................................................................................... S HILLTOP GEOTECHNICAL, INC.

70.00 Each
150.00 Each
100.00 Each
125.00 Each
210.00 Each
160.00 Each
195.00 Each
125.00 Each Set
125.00 Each
170.00 Each
125.00 Each

25.00 Each
265.00 Each
320.00 Each
210.00 Each
210.00 Each
300.00 Each
375.00 Each
375.00 Each
120.00 Each
375.00 Each

75.00 Each

60.00 Each

60.00 Each
185.00 Each
175.00 Each

70.00 Each

70.00 Each
210.00 Each
Quote

35.00 Each
350.00 Each

35.00 Each

45.00 Each

50.00 Each
250.00 Set

75.00 Each
100.00 Each
150.00 Each

75.00 Each
250.00 Set

35.00 Each

30.00 Each Set

35.00 Each Set

85.00 Each

35.00 Each

55.00 Each
300.00 Each

55.00 Each

35.00 Each

45.00 Each
195.00 Each
210.00 Each

50.00 Each
Packet Page. 1195
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871A C140
C140
C140
C140
C426
C42
C42
C42
BRICK
C67
C67
C67
C67
C67
C67
C67
C67

STEEL REINFORCING
Absorption, 3 Required ........................................................................................................... $ Measurements ........................................................................................................................ $ Compression sen x 8" x 16", Qty 3 Required .......................................................................... $ Compression >8" x a· x 16" Qty 3 Required ........................................................................... $ Linear Shrinkage, Qty 3 Required ........................................................................................... $ Masonry Core - Compression ................................................................................................ $ Masonry Core - Shear ............................................................................................................ $ In Laboratory Core Cutting ...................................................................................................... $ Compression ........................................................................................................................... $ Modulus of Rupture ................................................................................................................. $ Absorption, Soak ..................................................................................................................... $ Absorption, Boil ....................................................................................................................... $ Absorption, Saturation Coefficient.. ......................................................................................... $ Initial Rate of Absorption ......................................................................................................... $ Efflorescence .......................................................................................................................... $ Efflorescence with Mortar ........................................................................................................ $ A615/A706 Tensile Up to No. 11 Bar ......................................................................................................... $ A615/A706 Tensile No. 14 Bar ................................................................................................................... $ A615/A706 Bend Test Up to No. 11 Bar ..................................................................................................... $ A615/A706 Bend No. 14 Bar ..................................................................................................................... $ A615/A706 Bend /Tensile Test No. 18 ...................................................................................................... $ A706 Chemical Analysis ................................................................................................................... $ A615/A706 Deformation Compliance ........................................................................................................ $ A615/A706 Cut To Size (for testing) ........................................................................................................... $

STEEL COUPLED WELDED REINFORCING
A615/A706 Tensile Up to No. 11 Bar ......................................................................................................... S A615/A706 Tensile No. 14 Bar ................................................................................................................... $ A615/A706 Tensile No. 18 Bar ........................... : ....................................................................................... $

STRUCTURAL STEEL
A370/F606
A370/F606
A370/F606
A370/F606
A370/F606
E10
E18
A370/F606
A370/F606
A370/F606
ABO
A370/F606
F1554

PRES TRESS
A416

FIREPROOFING
E605
E736

ROOFING
C1167
C1459
C1459
Applicable Code
Bolt Tensile Test ...................................................................................................................... $ Bolt Proof Test. ........................................................................................................................ $ Nut Proof Test ......................................................................................................................... $ Nelson Stud Tensile Test. ........................................................................................................ $ Metal Deck Tensile Test (formed sheet metal) ........................................................................ $ Brinell Hardness Test .............................................................................................................. $ Rockwell Hardness Test. ......................................................................................................... $ Coupon Tensile Test ................................................................................................................ $ Coupon Bend Test. .................................................................................................................. $ Nut I Bolt I Washer Hardness Test .......................................................................................... $ Metal Deck Coating ................................................................................................................. $ Machining & Preparation of Samples ...................................................................................... $ Anchor Bolt Assembly Testing (Milling, Tensile, Chemical Analysis) ....................................... $ Prestressed'Strand & Preparation (Yield /Tensile) ................................................................. $ Oven Ory Density .................................................................................................................... S Adhesive/Cohesion Testing ..................................................................................................... S Tiles (Breaking Strength / Absorption) .................................................................................... $ Mineral Shake - Flexural ........................................................................................................ $ Mineral Shake -Absorption .................................................................................................... $ Tagging, Material Id and Sampling TIies ................................................................................. $ Final Laboratory Roofmle Material Affidavit Report ................................................................ $ HILLTOP GEOTECHNICAL, INC.

Part B Fees

40.00 Each

30.00 Each

45.00 Each

55.00 Each

80.00 Each

55.00 Each

75.00 Each

50.00 Each

40.00 Each

50.00 Each

30.00 Each

40.00 Each

55.00 Each

65.00 Each

70.00 Each

65.00 Each

70.00 Each
250.00 Each Set
300.00 Each

55.00 Each

10.00 Each

80.00 Each
100.00 Each
275.00 Each

55.00 Each

45.00 Each

45.00 Each
115.00 Each
135.00 Each

45.00 Each

40.00 Each

45.00 Ea. Pc
115.00 Each

40.00 Each
1,000.00 Each
145.00 Each

45.00 Each

60.00 Each

40.00 Each

30.00 Each

70.00 Per Hour
300.00 Each
Packet Page. 1196
DocuSign Envelope ID: 2E0C9508·C4DA-4643·A0D8-5B26ABA6871A

HILLTOP GEOTECHNICAL
HILLTOP GEOTECHNICAL, INC.
2022 SCHEDULE OF FEES

MINIMUM CHARGES
Engineering Technician ...................................................................................................... 4 hours ICC Special Inspector ........................................................................................................ 4 hours All Inspection Beyond 4 hours ............................................................................................ 8 hours Show Up and No Testing or Inspection ........................... .................................................. 2 hours Cancellation of Work After 3:00 pm or same day ............................................................. 2 hours Expedite of Scheduling After 3:00 pm or same day ................................................. 1.5 x hr. rate SHIFr DIFFERENTIAL
Second Shift (2PM·l2PM) .................................................................................................. 9.50/hr.

Third Shift (10PM·8AM) .................................................................................................. 14.00/hr.

MILEAGE/TOLL ROAD FEES
Vehicle Mileage ............................................................................................................... $0. 75/mile Toll Road Charges ............................................................................... Invoiced at Cost, plus 10%

OVERTIME
Overtime at the rate of 1.5 Limes Lhe applicable hourly rate will be charged for any time more than 8 hours and less than 12 hours in any one day, Monday through Friday, and time before 6:oo a.m. or after 6:oo p.m. and for Saturday work up to 8 hours. Work performed in excess of 12 hours on Monday through Friday, in excess of 8 hours on Saturday, and all work on Sundays or Company recognized Holidays will be charged at 2.0 times the applicable hourly rate.

COMPANY RECOGNIZED HOLIDAYS
New Year's Day
President's Day
Memorial Day
lndependence Day
Labor Day
Veteran's Day
Th anksgiving Day
Day After Thanksgiving
Christmas Day

WET SIGNED HARD COPY REPORTS
Reports will be cha1·ged at the rate of 60¢ per sheet copied, plus the cost of plan production.

OUTSIDE SERVICES
Professional services, equipment, or tests not provided by Hilltop Geotechnical, Inc. and any unusual items of expense not customarily incurred in our normal operations will be charged at cost plus 15 percent.

HILLTOP GEOTECHNICAL, INC.

Packet Page. 1197
DocuSlgn Envelope ID: 2E0C9508-C4DA-4643-A0D8-5B26ABA6871 A l:StlfflateO
Annual
n., ...... ,tt ..
500
500
100
10 10
20 20
250
100
20 20
20 C

CITY OF SAN BERNARDINO
Schedule of Prices for
On-Call Geotechnical Investigations and Construction Material Testing July 01, 2022
Unit Description Unit Price Total Price
ea Compaction Testing (1 - 4 per site $375.00 $187,500.00 visit) Including curves. ea Compaction Testing (5 - 20 per site $270.00 $135,000.00 visit) including curves. ea Compaction Testing (20+ per site visit) $165.00 $16,500.00 Including curves. set Concrete Cylinders (includes $640.00 $6,400.00 collection, tests and report) ea Asphalt Extractions $250.00 $2,500.00
ea Asphalt Compaction $240.00 $4,800.00
ea Soll Gradation/Screen Analysis $135.00 $2,700.00
hr Grading Observation $135.00 $33,750.00
hr Engineering Geological Investigation & $230.00 $23,000.00 Consulting ea Soil Boring to 15' Per Project Basis --
ea Pavement Bore (Asphalt) Per Project Basis ---
ea Concrete Core $290.00 $5,800.00
TOT Al ESTIMATED ANNUAL COST I $417,950.00
Packet Page. 1198
DocuSign Envelope ID: 2E0C9508-C4DA-4643-A0D8-5826ABA6871A

EXHIBITB
Sample Task Order Form

TASK ORDER
Task Order No. ---
Agreement: ON-CALL PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND HILL TOP GEOTECHNICAL, INC.

Consultant: Hilltop Geotechnical, Inc.

The Consultant Is hereby authorized to perform the following services subject to the provisions of the Agreement Identified above:

List any attachments: (Please provide if any.)
Dollar Amount of Task Order: Not to exceed $ .00 ------ Completion Date:

The undersigned Consultant hereby agrees that it will provide all equipment, furnish all materials, except as may be otherwise noted above, and perform all services for the work above specified In accordance with the Agreement identified above and will accept as full payment therefore the amount shown above.

CITY OF SAN BERNARDINO HILL TOP GEOTECHNICAL, INC.

Dated: --------- Dated: --------- By: By:
17 .:..

Packet Page. 1199
290 NORTH D ST, SAN BERNARDINO, CA 92401 | P: 909-495-4536 | WWW.SBCITY.ORG Public works Department | Engineering Division
September 17, 2025
Michael Carrillo
Hilltop Geotechnical, Inc.
786 S. Gifford Avenue
San Bernardino, CA 92408
Re: One-Year Contract Extension for As-Needed On-Call Geotechnical Investigation and Construction Material Testing Services Dear Mr. Carrillo,
The existing on-call inspection services agreement is set to expire on September 21, 2025. Section 6.a: Term of the Agreement allows the City Manager or designee to administratively extend the term of the Agreement in one-year intervals subject to concurrence of both parties in writing.

The City would like to extend the term of this agreement for one additional year through September 21, 2026, subject to all terms, conditions and compensation as approved in the Agreement. If you concur with an extension of the Agreement, please so indicate by returning a letter to this office.

If you have any questions regarding this matter, please contact the Principal Civil Engineer, Ramon “Eddie” Mendez, at (909) 677-7594.

Sincerely,
Lynn Merrill
Director of Public Works, Operations, and Maintenance
Docusign Envelope ID: 74CBD202-8B74-4D3C-A54E-A330A33D6C66 Packet Page. 1200
786 S. GIFFORD AVENUE • SAN BERNARDINO • CALIFORNIA 92408 [email protected] • FAX 909-890-9055 • 909-890-9079

September 17, 2025
Lynn Merrill – Director of Public Works, Operations, and Maintenance Public Works Department
City of San Bernardino
Re: One-Year Contract Extension for As-Needed On-Call Geotechnical Investigation and Construction Material Testing Services
Dear Mr. Merrill
This letter is to confirm Hilltop Geotechnical, Inc.’s concurrence with the City’s request to extend the current on-call inspection services agreement for one additional year, through September 21, 2026, under the same terms, conditions, and compensation as set forth in the existing Agreement.

We appreciate the opportunity to continue supporting the City with geotechnical investigation and construction material testing services. If there are any additional documents or actions required to formalize the extension, please let us know.

Sincerely,
Michael Carrillo
Michael Carrillo
Chief Operating Officer
Hilltop Geotechnical, Inc.

Packet Page. 1201

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approve Amendment No. 2 to the Design Services Agreement with RHA Landscape Architects – Planners Inc. for the Seccombe Lake Park Revitalization Project
extending the term to June 30, 2027. (Ward 1)
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 Design Services Agreement with RHA Landscape Architects – Planners Inc. for the Seccombe Lake Park Revitalization Project (Project), extending the term of the agreement to June 30, 2027; and

2. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.

City Manager's Comments
The City Manager concurs in recommending approval.

Executive Summary
RHA Landscape Architects – Planners Inc. was originally contracted to establish design plans for the complete renovation and restoration of Seccombe Lake Park.

Amending the Design Services Agreement for Seccombe Lake Park would extend the term through the end of the current construction phase and allow RHA Landscape Architects – Planners Inc. to remain under contract for the second phase. Another amendment would be presented to the Mayor and City Council at a later date to include the design services needed to construct the second phase of the Project. This amendment carries no additional cost, as it solely extends the contract term.

Packet Page. 1202
Background
On September 21, 2022 Mayor and City Council approved Design Services Agreement award for Seccombe Lake Park Revitalization Project with RHA Landscape Architects – Planners Inc. RHA’s scope includes designing and planning comprehensive park improvements such as restroom replacements, lake enhancements, ADA upgrades, irrigation updates, and new low-maintenance landscaping to revitalize Seccombe Lake Park while improving safety, visibility, and long-term sustainability. Their role also involves collaborating with City staff to evaluate design options for planting, irrigation, and site furnishings to ensure the improvements support beautification, durability, and future maintenance needs.

On July 19, 2023, the Mayor and City Council approved a concept plan that included a variety of park improvements. The improvements included, but are not limited to, playground equipment, lighting, ADA accessibility, exercise stations, gazebo renovations, parking lot rehabilitation, renovation of dirt/gras areas, and new restrooms.

On March 20, 2024 the Mayor and City Council approved Amendment No. 1 to the Design Services Agreement with RHA to provide additional services and increase the total compensation by $53,000. The additional services were necessary for RHA to complete electrical design work after significant damage to the park’s electrical system was discovered during a site visit. These were damages that occurred after the original agreement was awarded and these services were required to restore proper electrical function and allow continued park operations.

Discussion
The first phase of the Project is currently under construction and will revitalize the Seccombe Lake Park with new amenities, and restoration of existing infrastructure.

RHA Landscape Architects – Planners Inc. (Consultant) prepared construction documents for this project and is currently providing construction support services. This phase is funded with ARPA allocations, which must be expended by December 31, 2026. The current phase of the project is anticipated to be completed by June 2026.

The ARPA funding allocated for the Seccombe Lake Park Project totals $13,792,332 million, $1 million of this is from the San Manuel grant. From this amount, funds have been committed to several key components of the project, including $10,539,509.65 million to Landscape Support Services for construction, $700,305 for CSG Consultants for construction management and inspection services, and $590,855 for RHA Landscape Architects. An additional $1,070,000.00 million is reserved for project contingencies to address unforeseen needs during construction. $22,721.60 is allocated to administrative cost.

Approximately $42,600 remains in the San Manuel grant balance which is anticipated to be used for the future interpretive signage. The following table demonstrates expenditures from this grant as of November 2025:

Packet Page. 1203
The table below demonstrates the remaining ARPA balance as of November 2025:

Amendment No. 2 extends the term through June 30, 2027, allowing RHA to continue to provide their services through the end of the ongoing construction work. It will allow RHA to remain under contract in anticipation of the next phase of the Project (Phase II), which would be funded by the approximately $5,000,000 State allocation.

No additional compensation for RHA services is requested at this time. Once the State funding is received, another amendment will be presented to the Mayor and City Council to incorporate additional services and compensation for the upcoming Phase II of work.
2021-2025 Strategic Targets and Goals
Authorizing the execution of this amendment aligns with Key Target No. 4: Economic Growth & Development. The additional amenities to Seccombe Lake Park will improve community participation for recreational activities and provide a safe and wellmaintained community park.

Fiscal Impact
There is no General Fund impact associated with this item. This item will utilize previously allocated funding provided by the America Rescue Plan Act and San Manuel Band of Mission Indians.

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

Landscape Support Services $4,988,681.69
CSG Consultants $210,061.30
RHA Landscape $103,430.00
Administrative Cost $9,464.82
Project Contingency $1,070,000.00
Total ARPA Balance $6,381,637.81
Remaining ARPA Balance
San Manuel Grant $1,000,000.00
Dave Bang Associates -$585,444.22
Coast Recreation -$221,141.19
RHA Landscape -$147,285.00
Administrative Cost -$3,496.25
Remaining Amount $42,633.34
San Manuel Grant Fund Table
Packet Page. 1204

2. Authorize the City Manager or designee to execute all documents with RHA Landscape Architects – Planners Inc.

Attachments
Attachment 1 Amendment No 2. to the Design Services Agreement with RHA Landscape Architects – Planners Inc.

Attachment 2 Amendment No 1. to the Design Services Agreement with RHA Landscape Architects – Planners Inc.

Attachment 3 Agreement with RHA Landscape Architects - Planners Inc.

Attachment 4 Location Map
Ward:

First Ward
Synopsis of Previous Council Actions:

September 21, 2022 Approved design services agreement award for Seccombe Lake Park Revitalization Project.

July 19, 2023 Approved the Concept Plan for the Seccombe Lake Park Revitalization Project.

March 20, 2024 Amendment No. 1 to Agreement with RHA Landscape Architects – Planners Inc. for Seccombe Lake Park Revitalization Design Services (Ward 1)
CC: Eric Levitt, City Manager
Packet Page. 1205
AMENDMENT NO. 2 TO

THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE

SECCOMBE LAKE PARK REVITILIZATION PROJECT
This Amendment No. 2 to the Design Services Agreement is made and entered into as of December 3, 2025 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and RHA Landscape Architects - Planners, Inc., a California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated, September 21, 2022, for the purpose of design services for the Seccombe Lake Park Revitalization Project (the "Original Agreement").

B. WHEREAS, on March 20, 2024, the Parties executed Amendment No. 1 to the Original Agreement in order to increase the compensation amount by Fifty-Three Thousand Dollars ($53,000) increasing the total not to exceed compensation amount from Five Hundred Thirty-Seven Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars ($590,855).

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to extend the term through June 30, 2027,
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 2,Amendment No. 1,the Original Agreement, as previously amended, 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, as previously amended, is hereby extended through June 30, 2027, unless earlier terminated in accordance with the Agreement.

3. Full Force. Except as amended by this Amendment No. 2, all provisions of the Original Agreement, as previously amended, 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. 2.

4. Electronic Transmission. A manually signed copy of this Amendment No. 2, 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. 2 for all purposes. This Amendment No. 2 may be signed using an electronic signature.

5. Counterparts. This Amendment No. 2 may be signed in counterparts, each Packet Page. 1206
of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
Packet Page. 1207
Packet Page. 1208

SIGNATURE PAGE TO
AMENDMENT NO. 2 TO

DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: RHA LANDSCAPE
ARCHITECTS - PLANNERS, INC.

Eric Levitt,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
Packet Page. 1209
Packet Page. 1210

Page 1 ends

4 Packet Page. 1211
-1-
AMENDMENT NO. 1 TO

THE DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARICHITECTS - PLANNERS, INC. FOR THE

SECCOMBE LAKE PARK REVITILIZATION PROJECT
This Amendment No. 1 to the Design Services Agreement is made and entered into as of March 20, 2024 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and RHA Landscape Architects - Planners, Inc., a California corporation ("Consultant"). City and Consultant are sometimes referred to herein individually as a "Party" and collectively as "Parties."

B. WHEREAS, the Parties now desire to amend the Original Agreement in to include additional services and to provide compensation for the additional services.

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, as previously amended, 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. Services. The Scope of Services for the Original Agreement is hereby amended to include additional services as more particularly described in Exhibit “A-1”, attached hereto to this Amendment No. 1 and incorporated herein by this reference.

3. Compensation. The total not to exceed compensation amount shall be increased by Fifty-Three Thousand Dollars ($53,000) increasing the total not to exceed compensation amount from Five Hundred Thirty-Seven Thousand Eight Hundred Fifty-Five Dollars ($537,855) to Five Hundred Ninety Thousand Eight Hundred Fifty-Five Dollars ($590,855).

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, including without limitation the indemnity and insurance provisions, shall remain in full DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 Packet Page. 1212
-2-
force and effect and shall govern the actions of the Parties under this Amendment No. 4.

5. Electronic Transmission. A manually signed copy of this Amendment No. 4 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.

6. 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 TO
AMENDMENT NO. 1 TO

DESIGN SERVICES AGREEMENT
WITH RHA LANDSCAPE ARCHITECTS – PLANNERS, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No.1 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: RHA LANDSCAPE
ARCHITECTS PLANNERS, INC.

Charles A. Montoya,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
DocuSign Envelope ID: 36FF0DBE-9AAE-48C5-A71E-191631F3AB81 Doug Grove
President
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EXHIBIT A-1

SCOPE OF ADDITIONAL SERVICES
[ATTACHED}
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Attachment 3
Seccombe Lake Park
600 ft
N
➤
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Amendment No. 1 to the Design Services Agreement with Bell Design Group for the Norman F. Feldheym Public
Library Improvement Project in the Amount of $78,700 with a $28,100 Contingency (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 Design Services Agreement with Bell Design Group in the amount of $78,700 for the Norman F. Feldheym Public Library Improvement Project (Project), increasing the not to exceed amount to $397,700; and

2. Authorize additional contingencies for unforeseen conditions in the total amount of $28,100; and

3. Authorize the City Manager or designee to execute all documents with Bell Design Group; 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. These funds would be expended from the California State Library Building Forward available funds.

Executive Summary
Amending the Design Services Agreement for the Project would provide funding for Packet Page. 1299
additional services required to complete the plans, specifications, and cost estimates necessary for construction. The additional services are necessary to address deficiencies in the facility's entire HVAC system, which will need to be upgraded to meet building code requirements. Funding will be provided by the previously allocated California State Library Building Forward.

Background
The Norman F. Feldheym Public Library, located at 555 West 6th Street, is a critical resource for the community, especially for residents facing economic and linguistic barriers. Since its construction in 1985, the facility has seen minimal upgrades, leading to structural and operational deficiencies. The library suffers from leaking windows, outdated electrical wiring, a deteriorating foundation, and an inefficient HVAC system that fails to regulate temperatures effectively. Additionally, inadequate lighting contributes to excessive heat and high energy costs. The Feldheym Library Revitalization Project will address these issues through essential maintenance, energy efficiency upgrades, and modernization efforts to improve both digital and physical accessibility.

On December 6, 2023, the Mayor and City Council accepted a grant from the California State Library Building Forward Library Facilities Improvement Program in the amount of $6,409,370.00 to help fund the proposed improvements. To assist with the Project, a Task Order was approved on January 17, 2024 for project management services from Transtech Engineers, Inc. in the amount of $197,600.

On February 19, 2025, Bell Design Group (BDG) was awarded a Design Services Agreement to provide conceptual design, construction design, and construction support services in the amount of $319,000. An additional $31,900 was also allocated for contingencies.

Discussion
Additional services are necessary to complete the HVAC upgrades for the Project. Bell Design Group discovered that the existing HVAC chiller system was severely out of compliance with current code requirements. The approved scope involved mechanical engineering for replacement of existing fan coil units and adjacent connections.

However, due to the quantity of fan coil replacements the entire system will need to be updated to meet current code requirements.

BDG has therefore requested the approval of an additional scope and fee to address the items listed below:
• Upgrades to the chilled and hot water piping
• Upgrades to both the intake air and supply air ducting • Increase of boiler capacity
• Added electrical scope to replace units that are now required to be supplied with higher voltage
• Fire protection systems design within the ducting
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• Retrofit of the existing energy management system
To minimize potential delays, a portion of the additional work has been authorized using the existing contingency budget. However, an additional funding allocation of $49,800 is needed to complete the construction drawings, specifications, and cost estimate.

The original design fee for BDG was $319,000. At the time of award an additional $31,900 was authorized for use as a contingency budget. To date BDG has been authorized to use $28,900 of the contingency budget for additional services to complete an accessibility report and a portion of the HVAC design, bringing their total contract sum to $347,900.

Adding the additional scope and fee would increase the total design cost to $397,700.

Design Costs
Original Design Fee $319,000
Accessibility Assessment – (Authorized Contingency Use) $6,600 Additional HVAC Partial Scope and Fee – (Authorized Contingency Use) $22,300 Additional HVAC and Electrical Design Fee $49,800
Total Design Costs $397,700
The original not to exceed contract amount would be increased from $319,000 to $397,700 ($78,700 increase) to account for previously authorized contingency use, and the additional design fee.

Since the original contingency budget has been mostly expended, an additional $28,100 is recommended to increase the total contingency budget. In addition to the BDG design costs, $197,600 is encumbered for project management by Transtech Engineers, Inc., and $3,000 was used to complete an investigation on site by Construction Applied Engineering.

Project Budget
Grant Amount $6,409,370
BDG Design Cost ($397,700)
Original Contingency Remaining ($3,000)
Additional Contingency ($28,100)
Project Management Services (Transtech) ($197,600)
Construction Applied Engineering ($3,000)
Remaining Project Budget $5,779,970
After the additional services are completed, the design will be finalized and submitted to the City’s Building and Safety Department for review and approval. Once approved, the construction of the project will be advertised for bidding and awarded within approximately 90 days.

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2021-2025 Strategic Targets and Goals
This Project is consistent with the City’s Key Strategic Target and Goal No. 2a:

Focused, Aligned Leadership and Unified Community – Build a culture that attracts, retains, and motivates the highest qualify talent and Goal No. 3c: Improved Quality of Life. - Evaluate and enhance the quality of public safety services. This Design Services Agreement will improve public services by ensuring that the Feldheym Library continues to meet the evolving needs of San Bernardino’s residents.

Fiscal Impact
There is no General Fund impact associated with this action. There is sufficient budget in FY 25/26 CIP Budget within the Building Forward Grant funds for this Amendment.

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

2. Authorize additional contingencies for unforeseen conditions in the total amount of $28,100; and

3. Authorize the City Manager or designee to execute all documents with Bell Design Group; 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 Design Services Agreement with Bell Design Group.

Attachment 2 Design Services Agreement with Bell Design Group Attachment 3 Location Map
Ward:

First Ward
Synopsis of Previous Council Actions:

December 6, 2023 Acceptance of the California State Library Building Forward Library Facilities Improvement Program Grant Award for the Norman F. Feldheym Central Library Revitalization Project Packet Page. 1302
January 7, 2024 Task Order Issued to Transtech Engineers for Project Management Services for the San Bernardino Hope Campus
Project (Navigation Center) and Norman F. Feldheym Library Revitalization Projects. (Ward 1)
December 6, 2023 Award a Design Services Agreement to Bell Design Group for the Norman F. Feldheym Public Library Improvement Project in the amount of $319,000. (Ward 1)
CC: Eric Levitt, City Manager

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AMENDMENT NO. 1 TO

DESIGN SERVICES AGREEMENT

WITH BELL DESIGN GROUP
This Amendment No. 1 to the Design Services Agreement is made and entered into as of December 3, 2025 ("Effective Date"), by and between the City of San Bernardino, a charter city and municipal corporation ("City") and Bell Design Group, a California corporation ("Designer"). City and Designer are sometimes referred to herein individually as a "Party" and collectively as "Parties."

RECITALS
A. WHEREAS, the City and the Designer have entered into an agreement, dated February 19, 2025, for the professional design of the Norman F. Feldheym Public Library Improvements Project .the "Original Agreement").

B. WHEREAS, the Parties now desire to amend the Original Agreement in order to include additional compensation for additional design and services in accordance with the compensation provisions of the Original Agreement.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1, the Original Agreement, as previously amended, 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. Compensation. The total not-to-exceed compensation amount is hereby increased by Seventy-Eight Thousand Seven Hundred Dollars and Zero Cents ($78,700.00), increasing the total not-to-exceed compensation amount from Three Hundred Nineteen Thousand Dollars and Zero Cents ($319,000.00) to Three Hundred Ninety-Seven Thousand Dollars and Zero Cents ($397,700.00).

3. Full Force. Except as amended by this Amendment No. 1, all provisions of the Original Agreement, as previously amended, 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.

4. 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.

5. 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 TO
AMENDMENT NO. 1 TO

DESIGN SERVICES AGREEMENT

WITH IMEG BELL DESIGN GROUP
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 2 on the Effective Date first herein above written.

CITY OF SAN BERNARDINO DESIGNER
APPROVED BY: BELL DESIGN GROUP
Eric Levitt,
City Manager Signature
APPROVED AS TO FORM: Name
Best Best & Krieger LLP
City Attorney
Title
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ATTACHMENT A-1

ADDITIONAL SCOPE AND FEE
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SIGNATURE PAGE FOR DESIGN SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND BELL DESIGN GROUP
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Bill Gallardo
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

DESIGNER

BELL DESIGN GROUP
APPROVED BY:

TIMA BELL

PRINCIPAL & FOUNDER
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Approval of Amendment No. 1 to the Maintenance Services Agreement with the Center for Employment Opportunities
for Right-of-Way Clean-Up and Weed Abatement Services
(All Wards)
Recommendation:

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

1. Approve Amendment No. 1 to the Maintenance Services Agreement with the Center for Employment Opportunities Inc. (CEO) increasing the not-to-exceed amount from $1,014,340 to $6,086,040 to reflect the cumulative contract value for the full six-year term; and

2. Authorize the City Manager or designee to execute all related documents necessary to effectuate this Amendment.

City Manager's Comments
This item is to reflect an approval of a multi-year agreement with the Center for Employment Opportunities Inc.

Executive Summary
The Public Works Department seeks approval to amend the existing Maintenance Services Agreement (“Agreement”) with the Center for Employment Opportunities Inc. (CEO) to clarify the total not-to-exceed amount and align it with the full term of the contract. The amendment increases the NTE from $1,014,340 to $6,086,040 to represent the cumulative amount for all six years of services under the agreement, including the initial term and all option years. This action is administrative in nature and does not modify the scope of work or increase the annual cost of services.

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Background
On July 19, 2023, the City Council approved a Maintenance Services Agreement with the Center for Employment Opportunities Inc. (CEO) for right-of-way clean-up and weed abatement services throughout the City. The Agreement established an initial term through June 30, 2024, with four additional one-year renewal options. The original contract specified an annual not-to-exceed amount of $1,014,340.

Since approval of the Agreement, two purchase orders have been issued under this contract. The first purchase order was set up on December 23, 2023, for $1,014,340 and expended $913,800. The second purchase order was set up on August 20, 2024, for $1,014,340 and expended the entire amount of $1,014,340. The cumulative amount expended to date is $1,928,140.

Discussion
The proposed amendment is administrative in nature and ensures the City’s agreement with the Center for Employment Opportunities is accurate and complete. Amendment No. 1 increases the total not-to-exceed amount from $1,014,340 to $6,086,040 and clarifies that the total contract value represents the cumulative amount for the full sixyear term, including all option years, as outlined in the compensation provisions of the original agreement. No changes are being made to the scope of services, pricing, or terms of the existing contract.

The Center for Employment Opportunities has provided reliable and cost-effective maintenance services that help maintain public rights-of-way, improve City appearance, and enhance community safety and cleanliness. 2021-2025 Strategic Targets and Goals
Authorizing this Amendment aligns with Strategic Goal No. 3d: Improved Quality of Life, City appearance, cleanliness, and attractiveness. Approval of this amendment will ensure the continuation of essential maintenance services that enhance the health, safety, and appearance of the community.

Fiscal Impact
There is no fiscal impact associated with this Amendment. The correction aligns the total contract amount with the cumulative term of the Agreement. Funding for these services is included in the FY 2025/26 Operations and Maintenance budget, and future budgets will continue to allocate funding to support this agreement through the available option years.

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

1. Approve Amendment No. 1 to the Maintenance Services Agreement with the Center for Employment Opportunities Inc. (CEO) increasing the not-to-exceed Packet Page. 1342
amount from $1,014,340 to $6,086,040 to reflect the cumulative contract value for the full six-year term; and

2. Authorize the City Manager or designee to execute all related documents necessary to effectuate these amendments
Attachments
Attachment 1 Amendment No. 1 to the CEO Maintenance Services Agreement Attachment 2 CEO Maintenance Services Agreement
Attachment 3 Contract Extension Letter CEO
Ward:

All Wards
Synopsis of Previous Council Actions:

July 19, 2023 City Council approved the Maintenance Services Agreement with the Center for Employment Opportunities for right-of-way clean-up and weed abatement services.

August 15, 2018 Resolution No 2018-230 Authorizing an Amendment to the Vendor Services Agreement with the Center for Employment Opportunities.

May 2, 2018 Resolution No. 2018-122 Authorizing an Agreement with the Center for Employment Opportunities
May 11, 2016 Resolution No. 2016-45 Authorizing an Agreement with the Center for Employment Opportunities
CC : Eric Levitt, City Manager
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AMENDMENT NO. 1 TO

MAINTENANCE SERVICES AGREEMENT
WITH CENTER FOR EMPLOYMENT OPPORTUNITIES INC.

This Amendment No. 1 to the MAINTENANCE SERVICES Agreement for is made and entered into as of DECMBER 3rd, 2025 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and CENTER FOR EMPLOYMENT OPPORTUNITIES INC., a CALIFORNIA CORPORATION (“Contractor”). City and Contractor are sometimes referred to herein individually as a “Party” and collectively as “Parties.”

RECITALS
A. WHEREAS, the City and the Contractor have entered into an agreement, dated July 19, 2023 for the purpose of providing Right of way clean up and weed abatement services (the “Original Agreement”).

B. WHEREAS, the City and the Contractor have entered into an Amendment No. 1 to the Original Agreement, dated July 19, 2023 for the purpose of amending the not to exceed COMPENSATION;
C. WHEREAS, the Parties now desire to amend the Original Agreement in order to increase the not-to-exceed amount and provide clarification on the total contract value for the entire term of the Agreement, in accordance with the compensation provisions of the Original Agreement.

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. Compensation. The compensation for services performed pursuant to this Amendment No. 1 not-to-exceed compensation amount is hereby clarified to reflect the cumulative total for the full term of the Agreement, including all option years. The not-toexceed amount shall be Six Million Eighty-Six Thousand Forty Dollars and Zero Cents ($6,086,040.00) for the six-year term of the Agreement. Work shall continue to be performed at the rates set forth in the Original Agreement.

3. 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.

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4. 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.

5. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGE]
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SIGNATURE PAGE FOR
AMENDMENT NO. 1 TO THE MAINTENANCE SERVICES AGREEMENT
WITH CENTER FOR EMPLOYMENT OPPORTUNITIES INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. # on the Effective Date first herein above written.

CITY OF SAN BERNARDINO
APPROVED BY:
[***INSERT NAME***]
[***INSERT POSITION***]
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONTRACTOR

CENTER FOR EMPLOYMENT
OPPORTUNITIES INC.
[***INSERT NAME***]
[***INSERT POSITION***]
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C

CITY OF SAN BERNARDINO

MAINTENANCE SERVICES AGREEMENT

1. PARTIES AND DATE.

This Agreement is made and entered into this 19th day of July, 2023 by and between the City of San Bernardino, a municipal corporation organized 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, County of ~qn, Bernardino, State of California ("City") and CENTER FOR EMPLOYMENT r- C) OPPORTUNITIES!'VC~A CORPORATION, with its principal place of business at 1rR ':, Atla11ta Aventt&;-S-t:Hte G 1, Rive1slde, eA 92587 ("Contractor"). City and Contractor are ,'x'f . sometimes individually referred to as "Party'' and collectively as "Parties" in this Agreement. /r-- RECITALS.

2.1 Contractor.

Contractor desires to perform and assume responsibility for the provision of certain maintenance services required by the City on the terms and conditions set forth in this Agreement.

Contractor represents that it is experienced in providing Right of Way Clean-Up and Weed Abatement Services to public clients, that it and its employees or subcontractors have all necessary licenses and permits to perform the Services in the State of California, and that is familiar with the plans of City. Contractor shall not subcontract any portion of the work required by this Agreement, except as expressly stated herein, without prior written approval of City.

Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement.

2.2 Project.

City desires to engage Contractor to render such services for the Right of Way Clean-Up and Weed Abatement Services project ("Project") as set forth in this Agreement.

3. TERMS.

3.1 Scope of Services and Term.

3.1.1 General Scope of Services. Contractor promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional Right of Way Clean-Up and Weed Abatement Services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations.

3.1.2 Term. The term of this Agreement shall be from July 19, 2023, to June 30, 2024, unless earlier terminated as provided herein. Contractor shall complete the Services within the term of this Agreement and shall meet any other established schedules and deadlines. - 1 -
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The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to continue services by electing four (4) annual option years, culminating on June 30, 2028.

3.2 Responsibilities of Contractor.

3.2.1 Control and Payment of Subordinates; Independent Contractor. The Services shall be performed by Contractor or under its supervision. Contractor will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Contractor on an independent contractor basis and not as an employee.

Contractor retains the right to perform similar or different services for others during the term of this Agreement. Any additional personnel performing the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance.

3.2.2 Schedule of Services. Contractor shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B" attached hereto and incorporated herein by reference. Contractor represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Contractor's conformance with the Schedule, City shall respond to Contractor's submittals in a timely manner. Upon request of City, Contractor shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services.

3.2.3 Conformance to Applicable Requirements. All work prepared by Contractor shall be subject to the approval of City.

32.4 City's Representative. The City hereby designates Ernesto Salinas, 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 Agreement. Contractor shall not accept direction or orders from any persont:J -' ', other than the City's Representative or his or her designee. -r . . C l 1 ~t'\ IS<., 0 '

3.2.5 Contractor's Representative. Contractor hereby designates !:f.emy,Bm'ela, or his or her designee, to act as its representative for the performance of this Agreement ("Contractor's Representative"). Contractor's Representative shall have full authority to represent and act on behalf of the Contractor for all purposes under this Agreement. The Contractor's Representative shall supervise and direct the Services, using his or her best skill and attention, and shall be responsible for all means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Services under this Agreement.

3.2.6 Coordination of Services. Contractor agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants, and other staff at all reasonable times.

3.2. 7 Standard of Care: Performance of Employees. Contractor shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of - 2 -
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Services. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, 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, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Contractor's failure to comply with the standard of care provided for herein. Any employee of the Contractor or its sub-contractors 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 who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Contractor and shall not be re-employed to perform any of the Services or to work on the Project.

3.2.8 Period of Performance. Contractor shall perform and complete all Services under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time").

Contractor shall perform the Services in strict accordance with any completion schedule or Project milestones described in Exhibits "A" or "B" attached hereto, or which may be provided separately in writing to the Contractor. Contractor agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such completion schedule or Project milestones developed pursuant to provisions of this Agreement, it is understood, acknowledged and agreed that the City will suffer damage.

3.2.9 Disputes. Should any dispute arise respecting the true value of any work done, of any work omitted, or of any extra work which Contractor may be required to do or respecting the size of any payment to Contractor during the performance of this Contract, Contractor shall continue to perform the Work while said dispute is decided by the City. If Contractor disputes the City's decision, Contractor shall have such remedies as may be provided by law.

3.2.10 Laws and Regulations: Employee/Labor Certifications. Contractor shall keep itself fully informed of and in compliance with all local, state and federal laws, rules and regulations in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Services. If the Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor 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. Contractor 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-
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3.2.10.1 Employment Eligibility: Contractor. By executing this Agreement, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time. Such requirements and restrictions include, but are not limited to, examination and retention of documentation confirming the identity and immigration status of each employee of the Contractor ..

Contractor 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. Contractor shall avoid any violation of any such law during the term of this Agreement by participating in an electronic verification of 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 hired employees, or by some other legally acceptable method. Contractor 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 Contractor's compliance with the requirements provided for in Section 3.2.10 or any of its subsections.

3.2.10.2 Employment Eligibility; Subcontractors, Sub-subcontractors and Consultants. To the same extent and under the same conditions as Contractor, Contractor shall require all of its subcontractors, sub-subcontractors and consultants performing any work relating to the Project or this Agreement to make the same verifications and comply with all requirements and restrictions provided for in Section 3.2.10.1.

3.2.10.3 Employment Eligibility; Failure to Comply. Each person executing this Agreement on behalf of Contractor verifies that they are a duly authorized officer of Contractor, and understands that any of the following shall be grounds for the City to terminate the Agreement for cause: (1) failure of Contractor or its subcontractors, sub-subcontractors or consultants to meet any of the requirements provided for in Sections 3.2.10.1 or 3.2.10.2; (2) any misrepresentation or material omission concerning compliance with such requirements (including in those verifications provided to the Contractor under Section 3.2.10.2); or (3) failure to immediately remove from the Project any person found not to be in compliance with such requirements.

3.2.10.4 Labor Certification. By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' 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.

3.2.10.5 Equal Opportunity Employment. Contractor 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 advertising, layoff, or termination.

3.2.10.6 Air Quality. Contractor 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 -4-
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Resources Board (CARB). Contractor 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. Contractor 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 Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.

3.2.10.7 Water Quality.
(A) Management and Compliance. To the extent applicable, Contractor's Services must account for, and fully comply with, all local, state and federal laws, rules and regulations that may impact water quality compliance, including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300); the California Porter-Cologne Water Quality Control Act (Cal Water Code§§ 13000-14950); laws, rules and regulations of the Environmental Protection Agency and the State Water Resources Control Board; the City's ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any-such authority regulating the discharge of pollutants, as that term is used in the Porter-Cologne Water Quality Control Act, to any ground or surface water in the State.
(B) Liability for Non-Compliance. Failure to comply with the laws, regulations and policies described in this Section is a violation of law that may subject Contractor or City to penalties, fines, or additional regulatory requirements. Contractor shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, from and against any and all fines, penalties, claims or other regulatory requirements imposed as a result of Contractor's non-compliance with the laws, regulations and policies described in this Section, unless such non-compliance is the result of the sole established negligence, willful misconduct or active negligence of the City, its officials, officers, agents, employees or authorized volunteers. (C) Training. In addition to any other standard of care requirements set forth in this Agreement, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them without impacting water quality in violation of the laws, regulations and policies described in this Section. Contractor further warrants that it, its employees, and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in this Section as they may relate to the Services provided under this Agreement. Upon request, City will provide Contractor with a list of training programs that meet the requirements of this paragraph.

3.2.11 Insurance.

3.2.11.1 Time for Compliance. Contractor 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, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this Section.

3.2.11.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of - 5 -
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C the Agreement by the Contractor, its agents, representatives, employees, or subcontractors.

Contractor shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Agreement. Such insurance shall meet at least the following minimum levels of coverage:
(A) Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability. Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001 ); (2) Automobile Liability:

Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto); (3) Workers' Compensation and Employer's Liability: Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance; (4) Privacy/Network Security (Cyber), -in a form and with insurance companies acceptable to City; and the policy shall not COQtain any exclusion contrary to the Agreement, including but not limited to endorsements or provisions limiting coverage for (1) contractual liability (including but not limited to ISO CG 24 26 or 21 29); or (2) cross liability for claims or suits by one insured against another. (B) Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability $2,000,000 MINIMUM per occurrence for bodily injury, personal injury, and property damage; and $4,000,0000 aggregate. If Commercial General Liability Insurance or other form with general aggregate limit is used including, but not limited to, form CG 2503, either the general aggregate limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit; (2) Automobile Liability $1,000,000 MINIMUM; per accident for bodily injury and property damage; (3) Workers' Compensation and Employer's Liability: Workers' Compensation limits as required by the Labor Code of the State of California. Employer's Liability limits of $1,000,000 MINIMUM per accident for bodily injury or disease; (Defense costs shall be paid in addition to the limits.) (C) Notices: Cancellation or Reduction of Coverage. 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, Contractor 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 Contractor or the City may withhold amounts sufficient to pay premium from Contractor payments. In the alternative, the City may suspend or terminate this Agreement. (D) Additional Insured. The City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be named as additional insureds on Contractor's and its subcontractors' policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents.

3.2.11.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by the City to add the following provisions to the insurance policies:
(A) General Liability. The general liability policy shall include or be endorsed (amended) to state that: (1) using ISO CG forms 20 10 and 20 37, or endorsements -6-
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C providing the exact same coverage, the City of San Bernardino, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insured with respect to the Services or ongoing and complete operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work; and (2) using ISO form 20 01, or endorsements providing the exact same coverage, the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any excess insurance shall contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of the City before the City's own primary insurance or self-insurance shall be called upon to protect it as a named insured. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(A).
(B) Automobile Liability. The automobile liability policy shall include or be endorsed (amended) to state that: (1) the City, its directors, officials, officers, employees, agents, and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible; and (2) the insurance coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents, and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage. Any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents, and volunteers shall be in excess of the Contractor's insurance and shall not be called upon to contribute with it in any way. Notwithstanding the minimum limits set forth in Section 3.2.11.2(B), any available insurance proceeds in excess of the specified minimum limits of coverage shall be available to the parties required to be named as additional insureds pursuant to this Section 3.2.11.3(B). (C) Workers' Compensation and Employer's Liability Coverage.

The insurer shall agree to waive all rights of subrogation against the City, its directors, officials, officers, employees, agents, and volunteers for losses paid under the terms of the insurance policy which arise from work performed by the Contractor. (D) All Coverages. Each insurance policy required by this Agreement shall be endorsed to state that: (A) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days (10 days for nonpayment of premium) prior written notice by certified mail, return receipt requested, has been given to the City; and (B) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, employees, agents, and volunteers.

Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees, agents and volunteers, or any other additional insureds.

3.2.11.4 Separation of Insureds; No Special Limitations: Waiver of Subrogation. All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.

All policies shall waive any right of subrogation of the insurer against the City, its officials, officers, - 7 -
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-AODF-6584CCFA208C employees, agents, and volunteers, or any other additional insureds, or shall specifically allow Contractor or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Contractor hereby waives its own right of recovery against City, its officials, officers, employees, agents, and volunteers, or any other additional insureds, and shall require similar written express waivers and insurance clauses from each of its subcontractors.

3.2.11.5 Deductibles and Self-Insurance Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: ( 1} the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or (2) the Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.

3.2.11.6 Subcontractor Insurance Requirements. Contractor shall not allow any subcontractors to commence work on any subcontract relating to the work under the Agreement until they have provided evidence satisfactory to the City that they have secured all insurance required under this Section. If requested by Contractor, the City may approve different scopes or minimum limits of insurance for particular subcontractors. The Contractor and the City shall be named as additional insureds on all subcontractors' policies of Commercial General Liability using ISO form 20 38, or coverage at least as broad.

3.2.11. 7 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating no less than A: VIII, licensed to do business in California, and satisfactory to the City.

3.2.11.8 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf and shall be on forms provided by the City if requested. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.

3.2.11.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor's insurer, any and all insurance claims submitted by Contractor in connection with the Services under this Agreement.

3.2.12 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Contractor 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 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} adequate life protection and lifesaving 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.
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3.2.13 Bonds.

3.2.13.1 Performance Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Performance Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.2 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit "C" attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Agreement a Payment Bond in the amount of the total, not-to-exceed compensation indicated in this Agreement, and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until it has been received and approved by the City.

3.2.13.3 Bond Provisions. Should, in City's sole opinion, any bond become insufficient, or any surety be found to be unsatisfactory, Contractor shall renew or replace the affected bond within 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten ( 10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Agreement until any replacement bonds required by this Section are accepted by the City. To the extent, if any, that the total compensation is increased in accordance with the Agreement, the Contractor shall, upon request of the City, cause the amount of the bonds to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. To the extent available, the bonds shall further provide that no change or alteration of the Agreement (including, without limitation, an increase in the total compensation, as referred to above), extensions of time, or modifications of the time, terms, or conditions of payment to the Contractor, will release the surety. If the Contractor fails to furnish any required bond, the City may terminate this Agreement for cause.

3.2.13.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, shall be accepted. The surety must be a California-admitted surety with a current A.M. Best's rating no less than A: VIII and satisfactory to the City. If a California-admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Code of Civil Procedure, and proof of such is provided to the City.

3.2.14 Accounting Records. Contractor shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Contractor 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. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement.

3.2.15 Work Site.
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3.2.15.1 Inspection Of Site. Contractor shall visit sites where Services are to be performed and shall become acquainted with all conditions affecting the Services prior to commencing the Services. Contractor shall make such examinations as it deems necessary to determine the condition of the work sites, its accessibility to materials, workmen and equipment, and to determine Contractor's ability to protect existing surface and subsurface improvements. No claim for allowances-time or money-will be allowed as to such matters after commencement of the Services.

3.2.15.2 Field Measurements. Contractor shall make field measurements, verify field conditions, and shall carefully compare such field measurements and conditions and other information known to Contractor with the Contract Documents, including any plans, specifications, or scope of work before commencing Services. Errors, inconsistencies, or omissions discovered shall be reported to the City immediately and prior to performing any Services or altering the condition.

3.2.16 Loss and Damage. Contractor shall be responsible for all loss and damage which may arise out of the nature of the Services agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Services until the same is fully completed and accepted by City.

3.2.17 Warranty. Contractor warrants all Services under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of any defect in the Services or non-conformance of the Services to the Contract, commence and prosecute with due diligence all Services necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the work (or work of other contractors) damaged by its defective Services or which becomes damaged in the course of repairing or replacing defective work. For any work so corrected, Contractor's obligation hereunder to correct defective work shall be reinstated for an additional one-year period, commencing with the date of acceptance of such corrected work. Contractor shall perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of the Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the work, whether express or implied, ae deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming work and any work damaged by such work or the replacement or correction thereof at Contractor's sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand. - 10 -
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3.3 Fees and Payments.

3.3.1 Compensation. Contractor shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Million Fourteen Thousand Three Hundred Forty Dollars ($1,014,340). Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.

3.3.2 Payment of Compensation. Contractor shall submit to City a monthly itemized statement which indicates work completed and hours of Services rendered by Contractor. The statement shall describe the amount of Services and supplies 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 45 days of receiving such statement, review the statement and pay all approved charges thereon.

3.3.3 Deductions. City may deduct or withhold, as applicable, from each progress payment an amount necessary to protect City from loss because of: (1) stop payment notices as allowed by state law; (2) unsatisfactory prosecution of the Services by Contractor; (3) sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Agreement; and (4) any other sums which the City is entitled to recover from Contractor under the terms of the Agreement or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City's right to such sums.

3.3.4 Reimbursement for Expenses. Contractor shall not be reimbursed for any expenses unless authorized in writing by City.

3.3.5 Extra Work. At any time during the term of this Agreement, City may request that Contractor perform Extra Work. As used herein, "Extra Work" 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.

Contractor shall not perform, nor be compensated for, Extra Work without written authorization from City's Representative.

3.3.6 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720, et seq .. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor's principal place of business and at the project site. Contractor 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 to comply with the Prevailing Wage Laws. It shall be mandatory upon the Contractor and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor - 11 -
Packet Page. 1358
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Code Sections 1771, 177 4 and 1775), employment of apprentices {Labor Code Section 1777 .5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor {Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors {Labor Code Section 1777 .1 ). 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.

3.3.7 Registration/DIR Compliance. If the Services are being performed as part of an applicable "public works" or "maintenance" project, and if the total compensation is $15,000 or more, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Contractor and all subcontractors performing such Services must be registered with the Department of Industrial Relations. Contractor shall maintain registration for the duration of the Project and require the same of any subcontractors, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Contractor's sole responsibility to comply with all applicable registration and labor compliance requirements.

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. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor's performance of Services, including any delay, shall be Contractor's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.

3.4 Termination of Agreement.

3.4.1 Grounds for Termination. City may, by written notice to Contractor, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Contractor of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Contractor shall be compensated only for those services which have been adequately rendered to City, and Contractor shall be entitled to no further compensation. Contractor may not terminate this Agreement except for cause.

3.4.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Contractor to provide all finished or unfinished Documents and Data and other information of any kind prepared by Contractor in connection with the performance of Services under this Agreement. Contractor shall be required to provide such document and other information within fifteen (15) days of the request.

3.4.3 Additional Services. 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.

3.5 General Provisions.

3.5.1 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 address as the respective parties may provide in writing for this purpose:
- 12 -
Packet Page. 1359
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Contractor:

City:

Center for Employment Opportunities, Inc_ . .
~-7~"".<tlanta Ave11ue, Suib! 6-1 "Sc') 'f.> ,-vo..d,\;\.,C-/, ~ rk It> OL/ R1'oleFS1cle, CA ~~501- /v{w y-;;;J""k.. /v''f J-C::Oclf Attn: Heniy-Bar-eta , .., ,,... '
~ (Vl(b,,. -t--lod dt..., Ccp, n;, Y '"",..,-- Oi-<.<AfVl "-{~ City of San Bernardino
VanirTower, 290 North D Street / I\/ /
San Bernardino, CA 92401 C ';l ~
Attn: Ernesto Salinas J/
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
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 at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.

3.5.2 Indemnification.

3.5.2.1 Scope of Indemnity. To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, regardless of whether the allegations are false, fraudulent, or groundless, to property or persons, including wrongful death, (collectively, "Claims") in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor's Services, the Project or this Agreement, including without limitation the payment of all expert witness fees, attorneys' fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor's indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense which is caused by the the sole or active negligence or willful misconduct of the City or the City's agents, servants, or independent contractors who are directly responsible to the City.

3.5.2.2 Additional Indemnity Obligations. Contractor shall defend, with counsel of City's choosing and at Contractor's own cost, expense, and risk, any and all Claims covered by this indemnification section that may be brought or instituted against City or its officials, employees, agents and volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and volunte~rs as part of any such claim, suit, action or other proceeding. Contractor shall also reimburse City for the cost of any settlement paid by City or its officials, employees, agents and volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, includinij expert witness fees. Contractor - 13 -
Packet Page. 1360
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C shall reimburse City and its officials, employees, agents, and volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall survive expiration or termination of this Agreement, and shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and volunteers.

3.5.3 Governing Law: Government Code Claim Compliance. This Agreement shall be governed by the laws of the State of California. Venue shall be in San Bernardino County, California. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims, and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City.

3.5.4 Time of Essence. Time is of the essence for each and every provision of this Agreement.

3.5.5 City's Right to Employ Other Contractors. City reserves right to employ other contractors in connection with this Project.

3.5.6 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties.

3.5.7 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

3.5.8 Construction: References; Captions. Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. All references to Contractor include all personnel, employees, agents, and subcontractors of Contractor, except as otherwise specified in this Agreement. All references to City include its officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content or intent of this Agreement.

3.5.9 Amendment: Modification. No supplement, modification or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties.

3.5.10 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppal or otherwise.
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Packet Page. 1361
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C

3.5.11 No Third Party Beneficiaries. Except to the extent expressly provided for in Section 3.5. 7, there are no intended third party beneficiaries of any right or obligation assumed by the Parties.

3.5.12 Invalidity: Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

3.5.13 Prohibited Interests. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor 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 Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Contractor further agrees to file, or shall cause its employees or subcontractors to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, 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.

3.5.14 Cooperation; Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

3.5.15 Authority to Enter Agreement. Contractor has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party.

3.5.16 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

3.5.17 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may only be modified by a writing signed by both parties.

3.5.18 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.

3.5.19 Federal Provisions. When funding for the Services is provided, in whole or in part, by an agency of the federal government, Contractor shall also fully and adequately comply with the provisions included in Exhibit "D" (Federal Requirements) attached hereto and incorporated herein by reference ("Federal Requirements"). With respect to any conflict between such Federal Requirements and the terms of this Agreement and/or the provisions of state law, the more stringent requirement shall control.
- 15 -
Packet Page. 1362
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C [SIGNATURES ON FOLLOWING PAGE]
- 16 -
Packet Page. 1363
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C

SIGNATURE PAGE FOR MAINTENANCE SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO
AND CENTER FOR EMPLOYMENT OPPORTUNITIES, INC.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

CJw,L.,st;.~
Charles E. McNeely
Interim City Manager
ATTESTED BY:

Genoveva Rocha, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CENTER FOR EMPLOYMENT
OPPORTUNITIES, INC.

By: ---------------
Its: Pr .e~ld~+·
Printed Name:

By: ~ ug30,20l3ll:05POT)
I CEO/ ED ts: --------------
p . t d N Sam Schaeffer rm e ame: _________ _
Contractor's License Number
,oooos~ D90
DIR Registration Number
- 17 -
Packet Page. 1364
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C

EXHIBIT A

SCOPE OF SERVICES
The Vendor will furnish all materials, renderings, equipment, tools, removal, installation, labor, coordination, permits, supervision, freight, and incidentals (including tax) as necessary to perform and complete the project pursuant to the Request for Vendor Quotes and the Agreement. The following is a non-inclusive description of the project work and/or goods to be provided.

The Vendor will perform right-of-way and related maintenance services that primarily focuses on the collection of litter and illegally dumped items. This organization must have a 501 c 3 status whose workforce is staffed with participants seeking to improve their lives and who are part of a transitional work program designed to reduce recidivism rates (see Para., Program Participants and Para., Contractor Responsibilities for detailed requirements). The organization must also have the ability to be contacted ondemand via our dispatch service using cell phones or other mobile technologies during the workday. Work will be located within the City of San Bernardino rights-of-way (including sidewalks), city-maintained easements, city parking lots, and any other city property. In some instances, weed abatement, small brush removal, sediment removal, and vegetation removal from ROWs will be requested. Sweeping of trash and debris may also be requested as part of litter collection efforts from curbs and storm drains on ROW-especially as it collects on top of sediment.

Below is a list of general work tasks. It's again important to note that the bulk of the requirements of this scope of services is the collection of litter and illegallydumped items from sidewalks and ROWs but is not limited only to those tasks.

In general, work will mostly be centered in or near the arterial streets listed in Table 2.

Table 1. List of General Work Tasks
Work Tasks Remarks
removal of litter, garbage, and debris from
ROWs
sweeping of trash with broom from curb This is typically littering such as cups, food lines/storm drains prior to collection wrappers that street sweepers fail to collect removal of minor sediment from ROWs/curb
& gutter lines
removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm
drains
sweepino of trash from roadways May require extra safety precautions collection of trash dumped on roadways
collection of illegally dumped items from
ROWs and roadways
weed eating As requested by city staff

EXHIBIT A
Packet Page. 1365
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Work Tasks Remarks
removal of litter, garbage, and debris from
ROWs
sweeping of trash with broom from curb This is typically litter such as cups, food lines/storm drains prior to collection wrappers that street sweepers fail to collect removal of minor sediment from ROWs/curb
& qutter lines
removal of vegetation from ROWs This may include pulling vegetation from sidewalk cracks, curbs, exterior of storm
drains
sweeping of trash from roadways May require extra safety precautions collection of trash dumped on roadways
collection of illegally dumped items from
ROWs and roadways
weed eating As requested by city staff
Table 2. List of Arterial Streets
Arterial Street Remarks
Sierra Way From Mill Street to 52 St.

Waterman From Hospitality to 40th
Arterial Street Remarks
Highland Entire street
Baseline Entire street
Tippecanoe Entire street excludinQ County Pockets
40th Street Entire street
Mountain View Ave Not to be confused with Mt. View (abbreviated street name at other area)
H Street Entire street (land locked but continues off of Kendall) G Street Entire sreet
Rialto Street Entire street
Orange Show Rd/San East and west to include merge with San Bernardino Ave to Bernardino Ave Mt. View
2nd Street Mt. Vernon to Freeway (I Street)
Meridian Entire street within city limits
5th Street Entire street excluding County Pockets
Kendall Dr Entire street
Sterling Entire street excluding County Pockets
Del Rosa Entire street excluding County Pockets
E Street Entire street
Arrowhead Entire Street

EXHIBIT A
Packet Page. 1366
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Priority Work Tasks: The tables below reflect the ideal priorities for the city and is intended to provide the organization with a better understanding of the city's current and additional maintenance needs by priority. Not all tasks will be requested routinely.

PRIORITY 1. Work Tasks Remarks
litter collection from ROWs, city properties
illegal dumping collection from ROWs, city includes bulky items properties
palm frond collection from ROWs city-wide post wind events scraping and removal of slap stickers from
intersection poles, ped buttons, etc
sweep/blow sidewalks on arterial corridors after
litter c
weed abatement (pull and/or use weed-whacker) chemical application not authorized from ROWs and other city properties without proper certifications yardwaste collection from ROWs, city properties
PRIORITY 2. Work Tasks Remarks
graffiti removal from utility boxes, poles, ped
buttons
Quardrail touch-up painting
raking of landscaped areas (non-contractual sites)
bottle caps, broken bottles collection at parks and
ROWs
rakinq underneath plant beds in Parks, ROWs,
bleacher wioe down/touch up painting
park bench paint touch-up
PRIORITY 3. Work Tasks Remarks
assistance with homeless camp clean ups
removal of debris from-lake at Seccombe Lake will not require Qettini:i in lake/water removal of dead plants at street medians, other
areas
curb/gutter trash collection and clean up
minor curb painting in non-high traffic volume
areas
fence touch up (vine removal, spray paint touch
up)

EXHIBIT A
Packet Page. 1367
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C PRIORITY 4. Projects Remarks
small to medium sized landscape upgrades this will include decorative rock (conversion of grass-turf areas to drought-tolerant) spreading, planting, mulch application, weed-prevention fabric, etc.
pocket park establishment decomposed granite (spreading), rock and mulch application, planting, mulch
application
pressure-washing sidewalks will require training/observation by city staff before operatinq
brush removal from vacant lots, trimming to 18" or fire hazard (overgrown vegetation) lower for native plants/brush mitiqation

STAFFING
It is requested at least (1) roving illegal dump collection crew of at least 3 participants and one supervisor be provided on a daily basis for street/row cleanup activities. An additional standard crew of at least 6 participants (plus a supervisor) is requested for larger clean-up of vacant city lots or other City property. • Supplemental Staffing: Two (2) supplemental roving illegal dump collection crews are requested within this agreement. The City recognizes that this is contingent upon participant availability.
• Optional Staffing: A third (optional) crew of at least 4 participants and one supervisor is also highly desired to assist with janitorial services at approximately 20 city parks. A fourth (optional) crew of at least 2 participants plus one supervisor is desirable for graffiti abatement/curb painting. Please Note: The cost for optional crews should not be reflected in overall cost for services, but, rather, included as a separate amount.

Program Participants: The organization will ensure that crews providing services to the city will be comprised of individuals who live in San Bernardino County, have criminal conviction(s), and have been thoroughly screened by the organization to ensure they will be suitable participants for a program of this nature.

EQUIPMENT
The organization must provide a listing of available equipment and supplies to reassure the City of its ability to perform required work tasks. While no specific equipment is mandated, it is generally expected that the organization will possess the following:
• 2 large stake bed trucks
• 3 passenger vehicles with trailer-mounted porta-potties • Rakes, blowers, weed-whackers, litter pickers, pressure-washers, • All necessary PPE for employees

EXHIBIT A
Packet Page. 1368
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Additional Notes:

Litter collection may be required from sidewalks, store fronts, alcoves, entrances, crevices and may include items such as leftover food, used clothing/shoes, debris, syringes, and is not limited solely to paper-based wrappings or discarded food packaging. These items may be disposed in City trash receptacles (if at a low volume) and/or brought to the City yard for higher volumes (excluding syringes/needles).

Litter collection in ravines, creeks, washes, or embankments will require a separate agreement between both parties (the City and Organization) to ensure maximum safety should the need arise. The inability to provide these tasks will not disqualify the organization from consideration for this project.

RESPONSIBILITIES OF THE 501 (c) 3 ORGANIZATION
The organization will:
• Perform all outreach, recruitment, screening, and enrollment for program participants and will manage all aspects related to participant's requirements for verification or participation in the program. The City will not verify any individual's participation in work tasks (or employment) for any outside entities or other related agencies requesting such information.
• Screen all participants and provide supervisory controls to ensure eligibility and fitness for work,
• Provide supervisors for each work crew.
• Ensure the safety of all participants to include training for working in streets, proper PPE usage, and any other safety-related training.
• Provide compensation in accordance with all local, state, and federal minimum wage laws.
• Provide participants with the following services:
o Pre-employment training.
o Job coaching and job placement services.
o Post-placement services.
o Counseling services (referrals).
• Indemnify the City of all and any potential liability stemming from any work or services provided to the City. Indemnification waivers (provided by the city) must be signed by all participants.

TERM:

The term for these services is from July 19, 2023 to June 30, 2024, with four (4) annual option years, culminating on June 30, 2028.

HOMELESS ENCAMPMENT DISCLAIMER(S)
The organization may reserve the right and sole discretion to decline to perform right-of-way maintenance services at a city-designated site if such site contains potentially hazardous materials, including but not limited to biohazardous materials, an active or recently active homeless encampment, and/or if any persons impacted by homelessness are near the site.

EXHIBIT A
Packet Page. 1369
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Both parties agree that should litter and/or illegally dumped items be reasonably considered by CEO to be the personal property of homeless individuals, CEO will elect to not disturb said items and will notify the City.

WORK TASK DEFINITIONS:

1. Litter Collection from Grounds. This includes the collection of all litter from the median or island grounds to include collection from grass turf, landscape beds, decorative rock beds, stamped pavement, pavers, or concrete surfaces. Litter shall include non-typical discarded items, such as syringes, used clothing/shoes and is not limited solely to paper-based wrappings or discarded food packaging. Syringes and biohazards should be appropriately separated and disposed of properly in accordance with applicable rules and regulations.

2. Palm Frond Collection. Collection of palm fronds on City ROWs, sidewalks, or other Cityowned properties. Removal of fronds from storm drains/gutters and greenbelts. Support during and post-windstorm events is expected when tasks can be accomplished safely.

3. Scraping and Removal of Slap Stickers. Removal of minor slap stickers or other adhesive-based graffiti on City poles, utility boxes, fences, etc. This will likely require scraping and other methods to remove the stickers. Wipe down of any leftover residue is required.

4. Sweeping/Blowing. Sweeping/blowing of sidewalks, parking lots, curbs, walking trails and collection of left-over debris. Areas should be free of any dirt/silt once sweeping or blowing is complete.

5. Weed Abatement. Removal of weeds from City rows, landscaped areas, medians, City property, greenbelts, easements, alleys. This will require manual or powered-tool removal prior to spraying with chemicals (either by licensed City Staff or a licensed volunteer with appropriate Pesticide license).

6. Minor Graffiti Removal. Removal of graffiti (painted, marked) on City property to include intersection poles, utility boxes, fences, windows, pedestrian crossing signs, etc. This may be accomplished through non-toxic chemicals, pressure washing, or touch-up with matching paint.

7. Minor Touch-Up Painting. This may occur in City-owned buildings (exterior only), fences, walls, or other similar infrastructure requiring paint touch-up. The city will provide paint and paint supplies.

8. Raking of Landscaped Areas. All landscape beds (regardless of the volume of plants/shrubs) will be raked free of minor yard waste, clippings, litter, etc. All dead leaves or debris under plants/shrubs shall be raked away to create a clean appearance. Other nontypical areas may be requested.

9. Wipe-down/pressure-washing of City Owned Amenities. Proper wipe-down and pressure washing of City-owned amenities and hardscape elements (such as park benches, tables, trash cans, street light poles, signs, monuments, etc.) will be performed using nonabrasive methods that will not result in damages. All effort will be made to prevent any chipping of paint; alternative methods to safely clean hardscape elements are authorized.

10. Removal of Dead Plants/Minor Debris. At all applicable locations, dead plants and dead shrubs will be removed and properly disposed of. This may include plants from landscape

EXHIBIT A
Packet Page. 1370
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C beds, ROWs, City-owned lots. Replanting may be requested but this will occur with City staff present; plants to be provided by City staff.

11. Curb/Gutter Trash Collection. Trash and other debris on curbs, gutters, or storm drains will require careful collection as to not cause accidental deposit into storm drains. Sweeping with an industrial dustpan is the preferred method.

12. Minor Curb Painting. At the City's request, minor curb painting to replace faded paint may be requested. This may include red (no parking) touch up along with other regulatory markings. This will be minor in nature and the city will provide all applicable materials and supplies.

13. Fence Touch Up. Minor fence repairs (reattaching broken wires, chain links) may be requested. Touch up of faded paint on chain links may also be requested along with removal of vines.

14. Brush Removal. At City-owned lots and other properties, removal of brush using manual or powered tool methods. Brush will be collected appropriately and, to the maximum extent possible, separated for proper green waste recycling. In some instances, removal of brush may require work on large vacant lots for fire hazard mitigation.

15. Minor Landscaping Upgrades. The city will provide all supplies and materials for minor landscaping upgrade projects. These projects may include restoration of small, landscaped areas, sitting areas, and other beautification efforts at street islands, greenbelts, and pocket parks.

EXHIBIT A
Packet Page. 1371
DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C

EXHIBIT B

SCHEDULE OF SERVICES
Work Reporting and Notification. The organization will be required to notify the City representative (via email) of the amount of crews available to perform work on a daily basis.

Upon notification, the City representative will determine which work locations will be assigned.

Variations to this process may occur when work tasks/locations are determined in advance by the City representative. If possible (and without creating an extra, undue, burden to the organization), before and after photos of work accomplished will be highly desirable for City staff.
• General Daily Operations for Roving Illegal Dump Crew(s): Roving illegal dump crews will be assigned arterial streets to inspect (drive) and begin collection of litter and illegally dumped items. Should all assigned streets be completed before the end of day, the Crew Supervisor will contact the City representative (Streets Supervisor) and request additional tasks for the day. Throughout the workday, the Crew Supervisor may receive no-notice litter collection or illegally dumped items requests. Once he or she receives this call, he may make a judgement call as to collect the items immediately or wait until the last work hour of the day unless he receives specific instructions to collect the litter/items immediately. The intent is to not bounce crews all over town with individual requests (however, this may unfortunately happen on rare occasions).

Other Assigned Tasks: As previously described, crews may be assigned minor landscaping tasks such as weed abatement, brush removal, vegetation removal, sediment removal from time to time. Though this is not the primary work task, it will be requested by the Streets Supervisor when the need arises. The City will make every effort to provide advance notice of these types of requests.

Hours of Operation. All work will be performed Mondays to Fridays within the hours of 7 a.m. to nightfall unless otherwise exempted by the City representative. Work is not generally allowed during nighttime. The term "within" is meant to describe the range of hours for work and does not include work during the entire timeframe. In other words, a 7:30am to 2pm shift is acceptable or a 8:30am to 3:30pm shift is acceptable. A minimum of 6.5 work hours per day is expected (excluding lunch breaks).

Requests from The Public. The organization is prohibited from taking direct requests from any residents, City staff (not affiliated with the Operations and Maintenance Division), or any other organizations while performing work for the City. The organization will make every effort to politely inform the requesting individual to contact San Bernardino's Help Line. Any instance of work performed as a result of a direct request outside of this agreement may be cause for termination.

Disposal. The city authorizes the organization to dispose of any debris, green waste, bulky items ONLY related to work tasks assigned by the city representative. All efforts will be made to separate green waste and properly dispose (recycle) it at the corresponding bin located in the city yard.
• Bulky items (discarded furniture, etc.) collected during volunteer work shall be disposed of (recycled) at the City Yard. Such items cannot be collected and/or kept for personal use by the organization or its staff.

EXHIBITB
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C • Syringes/needles will be appropriately disposed of using sharps containers (the city is able to provide these containers if needed).
• Biohazards/fecal matter will be mitigated using proper procedures by trained/certified volunteer personnel or should be left behind with City staff being immediately notified of the location.

City Yard Access. Access will be granted to the organization and staff for disposal of trash, debris, or any other collected items from daily work tasks. Generally, the City Yard is open from 6 a.m. to 4:30 p.m., however, badge access will be provided to the crew supervisors, managers, and/or team lead for access to the disposal areas of the yard should gates be locked. No more than 3 badges will be granted.

EXHIBITB
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DocuSign Envelope ID: 22EC87DB-04CF-439C-AODF-6584CCFA208C VENDOR NAME:

EXHIBITC

COMPENSATION

VENDOR QUOTE FORM
Center for Employment Opportunities, Inc.

ADDRESS:

PHONE:
1777 Atlanta Avenue, Suite G-1, Riverside, CA 92507
(909) 380-8822
The undersigned, hereby declare that they have carefully examined the location of the proposed work, familiarized themselves with the local conditions affecting the cost of the work, and have read and examined the terms and conditions for the following Project:

RIGHT OF WAY CLEAN-UP SERVICES

COST SHEET
Crew Type Total Employees Annual Cost
Roving Illegal Dump 3 participants plus supervisor $186,750 Crew#1
Roving Illegal Dump 3 participants plus supervisor $186,750 Crew#2
Roving Illegal Dump 3 participants plus supervisor $186,750 Crew#3
Standard Crew #1 6 participants plus supervisor $454,090 TOTAL: $1,014,340
Optional Crews
Facility Support Crew 4 participants plus supervisor $262,142 Graffiti Crew 2 participants plus supervisor $182,275
OPTIONAL CREW TOTAL: $444,417

EXHIBITC
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DocuSign Envelope ID: 22EC87DB-D4CF-439C-A0DF-6584CCFA208C Optional Years
ADDITIONAL YEARS NOTE: List as "same" if no projected
annual increases are expected.

YEAR2 3 PARTICIPANT
CREW:$ __ TOTAL YEAR 2:
6 PARTICIPANT SAME AS ABOVE
CREW:$ __

OPTIONAL CREWS
TOTAL:

YEAR3 3 PARTICIPANT
CREW:$ __ TOTAL YEAR 3:
6 PARTICIPANT SAME AS ABOVE
CREW:$ __

OPTIONAL CREWS
TOTAL:
3 PARTICIPANT
YEAR4 CREW:$ __ TOTAL YEAR 4:
6 PARTICIPANT SAME AS ABOVE
CREW:$ __

OPTIONAL CREWS
TOTAL:
3 PARTICIPANT
YEARS CREW:$ __ TOTAL YEAR 5:
6 PARTICIPANT SAME AS ABOVE
CREW:$ __

OPTIONAL CREWS
TOTAL:
*Please do not include option years totals in overall amount.

All additional outyears are subject to renegotiation should labor market costs increase.

Total Number of Additional Pages: 0
I hereby declare under penalty of perjury that the foregoing is true and correct.

Submitted By: _______________ _
Title: ---------------- (Authorized Representative Signature) Print Name: -----------------
Contractor's License Number and Classification: --------- DIR Registration Number (if applicable): ___________ _

EXHIBITC
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City of San Bernardino PW Crews
Final Audit Report
Created:

By:

Status:

Transaction ID:
2023-08-30
Sarah Iannaccone ([email protected])
Signed
CBJCHBCAABAAEDQ4t95Jecb2F _Qbp3wZBSyYOflAg61w
"City of San Bernardino PW Crews" History
fl Document created by Sarah Iannaccone ([email protected]) 2023-08-30- 7:02:12 PM GMT- IP address: 64.49.83.106
2023-08-30
~ Document emailed to Sam Schaeffer ([email protected]) for signature 2023-08-30 - 7:03:39 PM GMT
fl Email viewed by Sam Schaeffer ([email protected]) 2023-08-30 - 7:04:58 PM GMT- IP address: 206.246.244.106 4, Document e-signed by Sam Schaeffer ([email protected]) Signature Date: 2023-08-30- 7:05:21 PM GMT-Time Source: server- IP address: 206.246.244.106 0 Agreement completed.
2023-08-30 - 7:05:21 PM GMT
fl Adobe Acrobat Sign
Packet Page. 1376

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-399, approving Final Tract Map No. 16794 (Subdivision 06-31) involving the subdivision of a parcel (APN 0261-011-08, 13, and 14) containing 18.45 acres into forty-three (43) single family residential lots and one (1) debris basin located on the west side of N. Palm Avenue, approximately 200 feet north of W. Verdemont Drive within the residential low (RL) zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

City Manager's Comments
Based on the approval of the tentative tract map and the 18-month extension to December 21, 2025, based on Assembly Bill 2729. I recommend approval of the Final Tract Map.

Executive Summary
The project consists of subdividing a 18.45 acres parcel into a forty-three (43) single family residential lots and one (1) debris basin for Tentative Tract Map 16794, which was approved by the Mayor and City Council on December 21, 2009. The final tract map has been reviewed by the City Engineer and determined to be in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval.

Background
On December 21, 2009, Subdivision 06-31 for Tentative Tract Map 16794 was approved by the Mayor and City Council with an expiration date of December 21, 2011.

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The previous extensions for Subdivision 06-31 (Tentative Tract Map 16794) described below have extended the expiration date of the project to June 21, 2023*.

Assembly Bill 208 granted a 24-month extension, extending the expiration date to December 21, 2013; Assembly Bill 116 granted a 24-month extension, extending the expiration date to December 21, 2015; Extension of Time 15-03 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2016;
Extension of Time 16-09 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2017;
Extension of Time 17-08 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2018;
Extension of Time 18-08 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2019;
Extension of Time 19-12 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2020;
Assembly Bill 1561 granted an 18-month extension, extending the expiration date to June 21, 2022;
Extension of Time 23-02 was the sixth and final extension requested and extended Subdivision 06-31 (Tentative Tract Map 16794) until June 21, 2024.

Assembly Bill 2729 granted an 18-month extension, extending the expiration date to December 21, 2025.

On December 21, 2009, a Mitigated Negative Declaration was adopted with the approval of Subdivision 06-31 for Tentative Tract Map 16794. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 06-31 for Tentative Tract Map 16794 remains valid, pursuant to §15162 (Previous Environmental Determination) of the California Environmental Quality Act); and
Discussion
The proposed project consists of subdividing one parcel containing a total of approximately 18.45 acres into forty-three (43) single-family residential lots. The proposed single-family lots are part of a planned residential development, which was approved on December 21, 2009, by the Planning Commission for Subdivision 06-31 (Tentative Tract Map 16794). Pursuant to the requirements of Chapter 19.48 (Final and Parcel Maps) of the City of San Bernardino Development Code and the Subdivision Map Act, the applicant has submitted a Final Map for Mayor and City Council action and final acceptance. The City Engineer has reviewed the proposed Final Map for Tract No. 16794 and determined that the Final Map is in compliance with the Subdivision Map Act, the City’s ordinances regarding subdivisions, and all conditions of approval. 2021-2025 Strategic Targets and Goals
The adoption of a Resolution approving the Final Map for Tract No. 16794 aligns with Goal No. 1 Improved Operational & Financial Capacity. Specifically, the Packet Page. 1378
transformation of existing vacant underutilized properties into productive single-family residential lots for the purpose of developing single-family residential homes meets the City’s economic development goals.

Fiscal Impact
There will be no fiscal impact. All public infrastructure improvements required for this subdivision will be constructed by the developer at its sole cost. City services will be provided to this project similar to other residential projects in the City.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2025-399, approving Final Tract Map No. 16794 (Subdivision 06-31) involving the subdivision of a parcel (APN 0261-011-08, 13, and 14) containing 18.45 acres into forty-three (43) single family residential lots and one (1) debris basin located on the west side of N. Palm Avenue, approximately 200 feet north of W. Verdemont Drive within the residential low (RL) zone, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the subdivision improvements.

Attachments
Attachment 1 Resolution 2025-399
Attachment 2 Final Map for Tract 16794
Attachment 3 Tract 16794 Improvement Agreement
Attachment 4 Project Bonds
Attachment 5 Resolution No. 2023-041- PC
Attachment 6 Title Report
Attachment 7 Tract Map No. 16794 Subdivision Guarantee
Ward:

Fifth Ward
Synopsis of Previous Council Actions:

On May 22, 2023, Resolution No. 2023-041, Planning Commission approved Extension of Time 23-02 (Tentative Tract Map 16794) attached.

CC: Eric Levitt, City Manager
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Resolution No. 2025-399
Resolution 2025-399
December 03, 2025

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RESOLUTION NO. 2025-399

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING FINAL MAP FOR TRACT NO. 16794
(SUBDIVISION 06-31) INVOLVING THE SUBDIVISION OF
A PROJECT SITE CONTAINING APPROXIMATELY 18.45
ACRES INTO 43 SINGLE-FAMILY RESIDENTIAL LOTS
LOCATED ON THE WEST SIDE OF N. PALM AVENUE,
APPROXIMATELY 200 FEET NORTH OF W.

VERDEMONT DRIVE, ACCEPTING THE PUBLIC
DEDICATIONS AS SET FORTH ON SAID MAP; AND

AUTHORIZING EXECUTION OF THE STANDARD FORM
OF THE SUBDIVISION IMPROVEMENTS.

WHEREAS, On December 21, 2009, the Planning Commission adopted a Mitigated Negative Declaration for the approval of Subdivision 06-31 (Tentative Tract Map 16794) allowing the subdivision of a parcel containing approximately 18.45 acres into 43 single family lots, and WHEREAS, On December 21, 2009, the Planning Commission approved Subdivision 06- 31 (Tentative Tract Map 16794), allowing the development of 43 single-family residences on a project site containing approximately 18.45 acres within previously approved Tentative Tract map 16794, and
WHEREAS, the City Engineer has reviewed the approved Tentative Tract Map 16794 with conditions of approval, and has analyzed the Final Map for Tract No. 16794 in order to ensure consistency between the approved Tentative Tract Map 16794 with adopted conditions of approval and the final map requirements, and has determined that the Final Map for Tract No. 16794 has been found to be in substantial conformance with the approved Tentative Tract Map 16794, and WHEREAS, the Mayor and City Council find that proposed Tract Map 16794, located on the west side of N. Palm Avenue, approximately 200 feet north of W. Verdemont Drive, within the Residential Low (RL) zone together with the provisions of their design and improvement is consistent with the General Plan of the City of San Bernardino.

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

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

SECTION 2. The City Manager of the City of San Bernardino is authorized to execute the standard form Subdivision Improvement Agreement with Diar LLC, for the improvements in said Tract Map as required by Title 19 of the San Bernardino Municipal Code and the California Subdivision Map Act. The time for performance is as specified in the Agreement. Said Packet Page. 1380
Resolution No. 2025-399
Resolution 2025-399
December 03, 2025

Page 2 of 3 ends

improvements are specifically described and shown on Drawings approved and on file in the office of the Public Works Department of the City of San Bernardino.

SECTION 3. A Mitigated Negative Declaration was adopted with the approval of Subdivision 06-31 (Tentative Tract Map 16794) on December 21, 2009. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred.

Therefore, the previous environmental determination adopted for Subdivision 06-31 (Tentative Tract map 16794) remains valid, pursuant to Section 15162 (c) (Subsequent Negative Declarations) of the California environmental Quality Act.

SECTION 4. The Final Map of said Tract Map is hereby approved and the City of San Bernardino hereby accepts as public property all dedications within the subdivision as shown on said Tract Map for streets, alleys (including access rights), drainage and other public easements.

As a condition precedent to approval of Tract Map, the Subdivider shall first execute the Agreement referenced in Section 2 hereof for the improvements within said Tract Map limits.

SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

SECTION 6. Effective Date. This Resolution shall become effective immediately.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 3rd day of December 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. 2025-399
Resolution 2025-399
December 03, 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. 2025-399, adopted at a regular meeting held on the 3rd day of December 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 4th day of December 2025.

Telicia Lopez, CMC, City Clerk
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AGREEMENT FOR COMPLETION OF PUBLIC IMPROVEMENT IN TRACT NO. 16794.

THIS AGREEMENT is made and entered into as of this 3rd day of December, 2025, by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, hereinafter referred to as "City," and Diar, LLC, a California limited liability company, hereinafter referred to as "Subdivider." Sometimes the parties hereinafter are referred to individually as a "Party" or collectively as the "Parties."

RECITALS
A. WHEREAS, Subdivider has presented to City for approval a final subdivision map (hereafter called "map") entitled Tract Map 16794; and, B. WHEREAS, Tract 16794 Located on the West side of Palm Avenue and Huntington Drive, .And is attached hereto and incorporated herein as Exhibit A.

C. WHEREAS, the map has been filed with the City for presentation to the City Council (hereinafter called "Council") of the City for its approval, which map is hereby referred to and incorporated herein; and,
D. WHEREAS, Subdivider has requested approval of the map prior to the construction and completion of improvements, including all streets, highways or public ways and public utility facilities which are a part of, or appurtenant to, the subdivision (hereinafter called "subdivision") designated in the map, all in accordance with, and as required by, the Plans and Specifications for all or any of said improvements in, appurtenant to, or outside the limits of subdivision, which Plans and Specifications are now on file in the Office of the City Engineer of the City; and, E. WHEREAS, Council has approved said map and accepted the dedications therein offered, or some thereof, on condition that Subdivider first enter into and execute this Agreement with the City; and,
F. WHEREAS, This Agreement is executed pursuant to the prov1s10ns of the Subdivision Map Act of the State of California and Title 19 of the San Bernardino Municipal Code.

G. WHEREAS, Subdivider and City desire to enter into this Agreement for the completion of the work including Grading, Street, Utility, and Storm Drains and the making of the improvements listed above.

NOW THEREFORE, for and in consideration of the approval of the map and of the acceptance of the dedications, or some thereof, therein offered and in order to insure satisfactory performance by Subdivider of Subdivider's obligations under said Subdivision Map Act and said Ordinance, the Parties agree as follows:
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GRADING PERMIT

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Bernardino, California ("City") has issued to _________________ ("Principal") a precise grading permit – [***INSERT PERMIT NUMBER***] (the “Permit”) for work associated with [***INSERT DESCRIPTION OF WORK AND NAME OF PRECISE GRADING PLANS***], consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the grading and installation of related improvements connected with issuance of grading permits including the construction of drainage and protection devices and any other corrective work to remove and eliminate engineering and geological hazards for Parcel/Tract Map No. ________________ (the “Work"); WHEREAS, the Permit is hereby referred to and incorporated herein by reference; and WHEREAS, Principal is required by the Permit to provide a good and sufficient bond for performance of the Permit, and to guarantee and warranty the Work performed thereunder.

NOW, THEREFORE, Principal and ______________________________ ("Surety"), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of
___________________________________________________________________ DOLLARS ($___________________________), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Permit, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Permit and Work and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Permit, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As part of the obligation secured hereby, and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Permit, or to any plans, profiles, and specifications related thereto, or to the Work to be performed thereunder, shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition.

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IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT  Individual
 Corporate Officer
Title(s) Title or Type of Document
 Partner(s)  Limited
 General Number of Pages
 Attorney-In-Fact
 Trustee(s)
 Guardian/Conservator Date of Document
 Other:

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact for Surety. The Power-of Attorney to local representatives of the bonding company must also be attached.

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MAINTENANCE (WARRANTY) BOND
KNOW ALL PERSONS BY THESE PRESENTS:

WHEREAS, the City of San Bernardino, California (“City”), and _______________________________ (“Principal”) have entered into an agreement by which Principal agrees to install and complete certain designated public/private improvements for Parcel/Tract Map No. ______________ (“Public/Private Improvements”) and to guarantee and warrant the work for a period of one year following its completion and acceptance; and WHEREAS, the Public/Private Improvements to be performed by Principal are more particularly set forth in that certain Agreement for Completion of Public/Private Improvements in [***PARCEL/TRACT NO.***] dated _______________________, 20__ (“Improvement Agreement”); and
WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required under the terms of the Improvement Agreement to furnish a bond to guarantee and warrant the work for a period of one year following its completion and acceptance against any defective work or labor done, or defective materials furnished, to comply with the terms of the Improvement Agreement.

NOW, THEREFORE, Principal and ______________________________________ a corporation organized and existing under the laws of the State of _____________, and duly authorized to transact business under the laws of the State of California (“Surety”), are held and firmly bound unto the City in the penal sum of __________________________ ($_______________) dollars lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

Should Principal fail to promptly repair and replace defects required to be done by Principal within the time allowed by City, City may, at its option, cause all required work to be done and Principal and/or Surety will be firmly bound for the payment of all necessary costs therefor. In case of emergency, where in the sole opinion of City, delay could cause serious loss or damage, repairs may be made without notice being sent to City, and the expense in connection therewith shall be charged to Principal, and Surety shall be liable for the cost thereof.

The condition of this obligation is such, that if Principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions, agreements, guarantees, and warranties in the Improvement Agreement and any alteration thereof made as therein provided, to be kept and performed at the time and in the manner therein specified and in all respects according to their intent and meaning, and to indemnify and save harmless City, its officers, employees, and agents, as stipulated in the Improvement Agreement, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

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As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations of this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. The Surety waives all rights of subrogation against City or any person employed by City.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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SURVEY MONUMENTS BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Bernardino, California ("City") and _________________ ("Principal"), have executed an agreement for work consisting of, but not limited to, the furnishing all labor, materials, tools, equipment, services, and incidentals for the setting of survey monumentation as shown in Parcel/Tract Map No. ________, which is not to be completed prior to the recording of the final map or parcel map; WHEREAS, the survey monumentation to be performed by Principal is more particularly set forth in that certain Agreement for Completion of Public Improvements in Tract No. 20051 dated ______________, 20 ___, (“Improvement Agreement”); WHEREAS, the Improvement Agreement is hereby referred to and incorporated herein by reference; and
WHEREAS, Principal is required by the Improvement Agreement to provide a good and sufficient bond to ensure the setting of the monuments as required therein and payment to the engineer or surveyor who sets such monuments thereunder.

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This bond is executed and filed to comply with section 66496 of the California Government Code as security for installation and payment of survey monumentation as set forth in the Improvement Agreement.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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OFF-SITE STREET IMPROVEMENTS

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

THAT WHEREAS, the City of San Bernardino, California ("City") has issued to _________________ ("Principal") a permit – [***INSERT PERMIT NUMBER***] (the “Permit”) for work associated with [***INSERT DESCRIPTION OF WORK AT ADRESS OF PLANS***], for Parcel/Tract Map/Drawing No. ________________ (the “Work"); WHEREAS the Permit is hereby referred to and incorporated herein by reference; and WHEREAS the Principal is required by the Permit to provide a good and sufficient bond for performance of the Permit, and to guarantee and warranty the Work performed thereunder.

NOW, THEREFORE, Principal and ______________________________ ("Surety"), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of
________________________________________________ DOLLARS ($___________________________), said sum being not less than one hundred percent (100%) of the total cost of the Work as set forth in the Permit, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

As part of the obligation secured hereby, and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
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Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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OFF-SITE STREET IMPROVEMENTS

LABOR AND MATERIALS BOND
KNOW ALL PERSONS BY THESE PRESENTS:

NOW, THEREFORE, Principal and ______________________________ ("Surety"), a corporation organized and existing under the laws of the State of ______________________, and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto City in the sum of
________________________________________________ DOLLARS ($___________________________), said sum being not less than one hundred percent (50%) of the total cost of the Work as set forth in the Permit, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
(Corporate Seal)
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Principal
By
Title
(Corporate Seal)
Surety
By
Attorney-in-Fact
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Principal.

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Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature of Notary Public

Signer is representing:

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RESOLUTION NO. 2023-041 - PC
RESOLUTION NO. 2023-041 - PC

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING EXTENSION OF TIME 23-02 ALLOWING A
ONE (1) YEAR EXTENSION OF TIME FOR SUBDIVISION
06-31 (TENTATIVE TRACT MAP 16794) INVOLVING THE
SUBDMSION OF APPROXIMATELY 18.45 ACRES INTO
FORTY-THREE (43) SINGLE FAMILY RESIDENTIAL
LOTS AND ONE (1) DEBRIS BASIN LOCATED ON THE
WEST SIDE OF N. PALM A VENUE, APPROXIMATELY 200
FEET NORTH OF W. VERDEMONT DRIVE (APN: 0261-011-
08, 13 AND 14) WITHIN THE RESIDENTIAL LOW (RL)
ZONE; AND FINDING THAT THE PROJECT IS

CATEGORICALLY EXEMPT UNDER THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT.

WHEREAS, on May 22, 2023, pursuant to the requirements of Section 19.66.170 of the City of San Bernardino Development Code, an application for an Extension of Time 23-02, was duly submitted by:

Property Owner: Aberdeen Developers, LLC
331 Poinsettia Avenue
Corona Del Mar, CA 92625
Project Applicant: Gus Dahleh
Parcel Address:

APN(S):

Lot Area:
331 Poinsettia Avenue
Corona Del Mar, CA 92625
West side of N. Palm Avenue, approximately 200 feet north of Verdemont Drive
0261-011-08, 13, and 14

18.45 acres
WHEREAS, Extension of Time 23-02 is a request to allow a one (1) year extension of time for Subdivision 06-31 (Tentative Tract Map 16794) involving the subdivision of a project site comprised of three (3) parcels containing a total of approximately 18.45 acres into forty-four (44) individual parcels (forty-three (43) single family residential Jots and one (1) debris basin Jot); and WHEREAS, the Planning Division of the Community and Economic Development Department has reviewed Extension of Time 23-02 for Subdivision 06-31 (Tentative Tract Map 16794) for consistency with the City of San Bernardino General Plan and compliance with the City of San Bernardino Development Code; and
WHEREAS, on December 21, 2009, Subdivision 06-31 for Tentative Tract Map 16794 was approved by the Mayor and City Council with an expiration date of December 21, 2011; 1 Packet Page. 1420
RESOLUTION NO. 2023-041 - PC
WHEREAS, the previous extensions for Subdivision 06-31 (Tentative Tract Map 16794) described below have extended the expiration date of the project to June 21, 2023*; and • Assembly Bill 208 granted a 24-month extension, extending the expiration date to '
December 21, 2013;
• Assembly Bill 116 granted a 24-month extension, extending the expiration date to December 21, 2015;
• Extension of Time 15-03 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2016;
• Extension of Time 16-09 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2017;
• Extension of Time 17-08 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2018;
• Extension of Time 18-08 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2019;
• Extension of Time 19-12 (Planning Commission) granted a 12-month extension, extending the expiration date to December 21, 2020;
• Assembly Bill 1561 granted an 18-month extension, extending the expiration date to June 21, 2022;
* Due to a clerical error, and per discussion with legal counsel, the applicant was provided with an expiration date of June 21, 2023.

WHEREAS, Extension of Time 23-02 is the sixth and final extension requested, and will extend Subdivision 06-31 (Tentative Tract Map 16794) until June 21, 2024; and WHEREAS, on December 21, 2009, a Mitigated Negative Declaration was adopted with the approval of Subdivision 06-31 for Tentative Tract Map 16794. No further changes to the environmental conditions of the subject site or the proposed subdivision have occurred. Therefore, the previous environmental determination adopted for Subdivision 06-31 for Tentative Tract Map 16794 remains valid, pursuant to §15162 (Previous Environmental Determination) of the California Environmental Quality Act); and
WHEREAS, on December 2, 2023, pursuant to the requirements of Section 19.52.020 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 Extension of Time 23-02 for Subdivision 06- 31 (Tentative Tract Map 16794) would be considered; and WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 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 the Extension of Time 23-02, and at which meeting the Planning Commission considered Extension of Time 23-02 for Subdivision 06-31 (Tentative Tract Map 16794); and 2 Packet Page. 1421
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Adopt Ordinance No. MC-1656 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)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino California: Adopt Ordinance No. MC-1656 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).

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The San Bernardino Municipal Code Section 8.24.100 establishes a minimum fifty (50) percent recycling diversion rate and mechanisms for construction and demolition (C&D) projects. Senate Bill (SB) 1383, enacted in 2016, requires jurisdictions to adopt mechanisms by which they can enforce CalGreen’s sixty-five (65) percent C&D debris recovery rate requirements by 2025. To comply with these state regulations, an amendment of City code section 8.24.100 is necessary, increasing the C&D debris recycling rate requirement from 50% to 65%. Furthermore, the recommended amendment includes improved mechanisms to enforce the 65% recycling rate for C&D debris projects that are consistent with SB-1383 requirements.

Background
At the Mayor and City Council meeting on November 5, 2025, staff introduced the item.

The item is now being brought forward for adoption. Section 8.24.100 of the City code outlines the Construction and Demolition Debris Recycling Program, including covered projects, exemptions, and various requirements. Existing state law and regulations already require jurisdictions to adopt in their municipal code and enforce the California Packet Page. 1461
Green Building Standards Code (“CalGreen”). In 2016, the California legislature passed SB-1383 requiring the State Board to adopt regulations that address climate pollutants and implement comprehensive strategies to reduce statewide pollutant emissions. Furthermore, adopted SB-1383 regulations require state localities to adopt a waste management plan or other mechanism by which they can enforce CALgreen’s 65% C&D debris recovery rate requirement by 2025. Every city and county within California, including the City, could face fines up to $10,000 a day for not meeting the requirements set forth in SB-1383.

In November of 2016, the City, via Ordinance No. MC-1431 amended the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 entitled "Refuse and Solid Waste", Incorporating and Repealing Article 8.24.5 Entitled "Construction and Demolition Waste Recycling Program" and Article 8.25, Entitled "Scrap Tires." Resolution No. 2019-27 sets a minimum diversion requirement of sixty-five (65) percent for the same projects, but this requirement is not reflected in the municipal code.

Discussion
C&D debris is an important source of diversion for jurisdictions, as these materials such as wood, concrete, asphalt, bricks, and metals, take up significant space in landfills, and are typically highly recyclable. The City of San Bernardino's current municipal code regarding Construction & Demolition (C&D) recycling, was previously updated in 2016, and is reflected in Section 8.24.100. Resolution No. 2019-27 set the minimum diversion rate to 65%, but the requirement specified in the City municipal code is still 50%.

To comply with the requirements of SB-1383 and have a robust and accurate process reflected in the City municipal code, the proposed ordinance change will reflect the 65% diversion requirement set by Resolution No. 2019-27. The updated code would also introduce comprehensive language to manage the C&D program more effectively.

One significant change would be the introduction of a required Waste Management Plan (WMP) for all C&D projects that are not exempt. This WMP includes project information, identification of recyclables, facility destination, and proposed methods for recycling and disposal. Additionally, the revised code would incorporate language that requires contractors to use the City’s franchised hauler to help ensure the minimum 65% diversion rate is met. Self-hauling would still be allowed under the proposed ordinance; but with more stringent, updated requirements aimed at ensuring accountability for the state-mandated regulations the City must adhere to.

The definition of "covered projects" has also been updated to comply with CalGreen’s criteria, expanding the scope of projects that must meet the higher diversion rate. The ordinance would establish clearer enforcement mechanisms to ensure compliance with the 65% recycling rate. Updated language includes penalties for non-compliance, reporting by contractors, and allowing inspections to verify proper diversion practices.

In a previous Resolution (Reso. No. 2010-325), the administrative fee of $35 and C&D security deposit of 0.25% of total project cost up to $10,000 were set by Mayor and Packet Page. 1462
City Council. The administrative fee provides the income generation necessary to fund costs associated with maintaining and managing the program. Diversion deposits serve as the main enforcement mechanisms for projects to comply with the requirements of the municipal code to see their deposits returned. New recommendations for the administrative fee and security deposit, with study comparison, will be included in a separate future resolution.

Under the proposed ordinance, certain (exempt) projects will be required to follow the ordinance requirements; but will not be required to pay a deposit or submit a Waste Management Plan. Such exemptions will apply to projects less than $100,000 valuation, certain roofing projects, and residential single-family housing up to 4 units.

This is intended to meet the CalRecycle requirements while not being cost prohibitive to projects that are not generating potentially large quantities of C&D materials. The proposed ordinance was presented to council for first reading on November 5, 2025, as a discussion item. It was unanimously approved for adoption at the December 3, 2025, regular meeting as a consent calendar item.
2021-2025 Strategic Targets and Goals
This item is consistent with Key Strategic Target and Goal No. 1e: Minimize risk and litigation exposure. By updating the ordinance to align with CalRecycle standards, and further enhancing program enforceable mechanisms, the City minimizes the risk of penalties and fines for non-compliance.

Fiscal Impact
There is no expected impact on the general fund associated with this item. A separate item will be presented at a later date, with proposed changes to the C&D Program administrative fee and diversion deposit schedule.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino California: Adopt Ordinance No. MC-1656 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).

Attachments
Attachment 1 Ordinance No. MC-1656
Attachment 2 2019 & 2022 CALGreen Summary
Ward:

All Wards
Synopsis of Previous Council Actions:

November 5, 2025 Introduction, Read by Title Only, and Waive Further Reading, Ordinance No. MC-1656 Amending Section
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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).

February 20, 2019 Resolution of the Mayor and City Council of the City of San Bernardino, California, Amending Section 1 of
Resolution 2010-325 Construction and Demolition
Recycling Program in Order to Increase Minimum
Diversion Requirement Set by California Green
Building Standards Code (CalGreen).

November 7, 2016 Ordinance Amending the San Bernardino Municipal Code, Title 8, Health and Safety, Article 24 Entitled
"Refuse and Solid Waste", Incorporating and
Repealing Article 8.24.5 Entitled "Construction and
Demolition Waste Recycling Program" and Article 8.25,
Entitled "Scrap Tires."
September 22, 2010 Resolution of the Mayor and Common Council of the City of San Bernardino, California, Establishing the
Construction and Demolition Recycling Programs
Parameters.

CC: Eric Levitt, City Manager
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Ordinance No. MC-1656
1 ORDINANCE NO. MC-1656

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
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
WHEREAS, the City San Bernardino, California (“City”) is a charter city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, Chapter 8.24 of the San Bernardino Municipal Code outlines the construction and demolition debris recycling program, including covered projects, exemptions, and various requirements; and
WHEREAS, existing state law and regulations already require jurisdictions to adopt in their municipal code and enforce the California Green Building Standards Code (“CALGreen”), which the City currently complies with; and
WHEREAS, in 2016 the California legislature passed SB-1383 requiring the State Board to adopt regulations that address climate pollutants and implement comprehensive strategies to reduce statewide pollutant emissions; and
WHEREAS, adopted SB-1383 regulations require state localities to adopt a waste management plan or other mechanism by which they can enforce CALGreen 65% Construction and Demolition (“C&D”) debris recovery rate requirement by 2025; and WHEREAS, the Mayor and City Council finds that every city and county in California, including the City, could face fines up to $10,000 a day for not meeting the above mandated goal; and
WHEREAS, the City Council now desires to amend Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code to ensure compliance with CALGreen.

THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO DO ORDAIN AS FOLLOWS:

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

SECTION 2. Amendment of Section 8.24.100. Section 8.24.100 of Chapter 8.24 of Title 8 of the San Bernardino Municipal Code is hereby amended to read in its entirety as follows:
“§ 8.24.100 CONSTRUCTION AND DEMOLITION DEBRIS RECYCLING PROGRAM (A) Definitions. For the purposes of this Chapter, the following definitions shall apply:

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Ordinance No. MC-1656
2 (1) “Applicant” means any individual, firm, limited liability company, association, partnership, political subdivision, government agency, municipality, industry, public or private corporation, or any other entity who applies to the city for the applicable permits to undertake any construction, demolition, or renovation projects within the city.
(2) “Certified recycling” or “material recovery facility” shall have the meaning ascribed in section I.
(3) “Contractor” means any person or entity holding, or required to hold, a contractor’s license of any type under the laws of the state, or who performs (whether as contractor, subcontractor, or owner-builder) any construction, demolition, remodeling, or landscaping service relating to buildings or accessory structures in the city. A person or company employed, whether for a fee or otherwise, to haul or remove recyclables and construction and demolition debris generated by the contractor is not a contractor for purposes of this Chapter. (4) “Deposit” means cash, money order, certified or cashier's' check, or credit card charge.
(5) “Deconstruct” and “deconstruction” mean the careful and systematic dismantling of a structure in order to salvage materials for diversion. (6) “Director” means the Director of Public Works or their designee who is hereby designated to issue a compliance order or an administrative citation to enforce this Chapter.
(7) “Permit” means any building or demolition permit.
(8) “Structure” means anything constructed or erected that requires a location in the ground, including a building, but not including a fence or a wall used as a fence, or driveways or walkways for the purposes of this Chapter. (9) “Waste management plan” means the form prescribed by the city for completion by the applicant as portion of the building and/or demolition permit process within the provisions of this Chapter.
(B) Franchise Agreement Required. No person shall collect or dispose of construction and demolition waste in the city unless that person has entered into a franchise agreement with the city pursuant to section 8.24.040, except as otherwise specifically provided in this chapter, and irrespective of any permit issued by any other governmental agency authorizing collection of solid waste or recyclables.

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Ordinance No. MC-1656
3 (C) City Projects. City contracted projects shall adhere to the C&D Demolition Debris Recycling Program requirements established in this Chapter. (D) Construction and Demolition Waste Diversion Deposit Requirements. (1) Except as otherwise specified in this Chapter, each person who applies for a building or demolition permit pursuant to section 15.04.020 shall remit a diversion deposit in the amount set forth by resolution of the City Council. The diversion deposit shall be remitted at the same time the permit application is filed. (2) Deposit amounts shall be established by square footage for demolition projects and percentage of the project valuation for building projects. (3) The diversion deposit shall be returned, without interest, in accordance with section G.
(4) Except as otherwise specified in this Chapter, any person applying for a building or demolition permit pursuant to section 15.04.020 shall remit an administrative fee, which will be encumbered by the public works department, to cover the costs incurred by the city in administering the C&D diversion program. The fee amount will be determined in accordance with the current resolution of the City Council. (5) Within sixty (60) days following the completion of the demolition or construction project, the contractor (or permit applicant) shall, as a condition precedent to final inspection and to issuance of any certificate of occupancy, submit documentation to the public works department, which proves compliance with the requirements of section F. The documentation shall consist of a completed waste diversion report with information of actual data of tonnage of materials recycled and diverted, supported by originals or certified photocopies of receipts and weight tickets or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tickets will be used to verify whether materials generated from the site have been or are to be recycled, reused, salvaged or otherwise disposed of.
(6) If a deposit has been made for a demolition or construction project and a written request for an extension, or refund, with supporting documentation is not submitted within seven-hundred and thirty (730) days; the deposit will be forfeited in full. (7) The deposit shall be forfeited entirely if there is a failure to comply with the requirements of this Chapter.

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Ordinance No. MC-1656
4 (8) If a project involves both demolition and construction, the report and documentation for the demolition project must be submitted and approved by the public works department before issuance of a building permit for the construction project. In the alternative, the applicant may submit a letter stating that no waste or recyclable materials were generated from the project, in which case this statement shall be subject to verification by the Director. Any deposit posted pursuant to subsection G of this section shall be forfeited if the applicant does not meet the timely reporting requirements of this section.
(9) The following projects are required to comply with the waste diversion requirements outlined in this Chapter but are exempt from submitting a C&D diversion deposit, paying an administrative fee, or submitting a Waste Management Plan:
(a) Residential single-family homes up to four units.
(b) Construction projects of less than $100,000.00 in value. (c) Roofing projects that do not include tear-off of existing roof. (10) The following projects are exempt from the waste diversion requirements and C&D diversion deposit as described in this Chapter:
(a) Work for which only a plumbing permit, an electrical permit or a mechanical permit is required.
(11) Commercial additions greater than 1,000 sq ft, and alteration projects valued greater than $200,000 are required to verify proper disposal and recycling of Universal Waste (per CALGreen Section 301.3).
(E) Construction and demolition diversion requirements. (1) All construction and demolition projects are required to divert a minimum of 65% of the tonnage generated as a result of the project from the landfill. Separate calculations and reports will be required for the demolition and for the construction portion of projects involving both demolition and construction. (2) Every structure planned for demolition shall be made available for deconstruction, salvage and recovery prior to demolition. It shall be the responsibility of the owner, the general contractor and all subcontractors to recover the maximum feasible amount of salvageable designated recyclable and reusable materials prior to demolition. Recovered and salvaged designated recyclable and reusable materials from the deconstruction phase shall qualify to be counted in meeting the diversion requirements of this Chapter. Recovered or salvaged materials may be given or sold on the premises or may be removed to reuse warehouse facilities for storage or sale.

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Ordinance No. MC-1656
5 (F) Administrative rules and regulations.
(1) The Director may adopt administrative rules and regulations not inconsistent with provisions of this Chapter and state law as needed for the purpose of carrying out and enforcing the payment, collection and remittance of the fees herein imposed, clarifying any of the administrative requirements of this Chapter, specifying the types of diversion activities and facilities that meet the requirements of this Chapter and establishing frequency and protocol of city regulatory inspections. (G) Waste management plan.
(1) Except as otherwise specified in this Chapter, each person who applies for a building or demolition permit pursuant to section 15.04.020 shall complete a "waste management and recycling plan" document to be issued by the Director. Except as otherwise specified in this Chapter, no building or demolition permit shall be issued unless the "waste management and recycling plan" has been submitted by the applicant and approved by the Director. Any changes to the approved plan must be brought to the attention of the public works department for review and approval prior to commencing work.
(2) The Director is authorized to create guidelines setting forth the information to be included in the "waste management plan," as well as the form thereof. At a minimum, the "waste management plan" shall delineate all of the following:
(a) The C&D waste to be generated by the project;
(b) The square footage of the proposed project;
(c) The estimated weight of the C&D waste to be generated by the project, listed by material types;
(d) The estimated weight of the C&D waste to be generated by the project to be diverted, listed by material types;
(e) The certified recycling or material recovery facility or facilities to which C&D waste will be taken, listed by material types; and
(f) The estimated weight of the C&D waste that will be landfilled. (H) Authority to Issue Refunds of Diversion Deposits.
(1) The Director may authorize the refund of any diversion deposit, which was erroneously paid or collected.
(2) The Director may authorize the refund of any diversion deposit when the building permit application is withdrawn or cancelled before any work has begun.

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Ordinance No. MC-1656
6 (3) The Director may authorize the refund of a diversion deposit when at least 65% of the waste generate by the project was diverted from landfill disposal. (4) The Director may authorize a partial refund of a diversion deposit when less than 65% by weight of the waste generated by the project was diverted from landfill disposal if the applicant demonstrates to the satisfaction of the Director that:
(a) A portion of the percentages of the tons of waste generated by the demolition and/or construction project was diverted from landfills and recycled or reused; and
(b) A good faith effort has been made to achieve the required diversion percentages. The partial refund shall not exceed that proportion the diversion waste bears to 65% by weight of the total waste generated. (5) The Director shall not authorize a refund of any diversion deposit, or portion thereof, unless the original building permit applicant files a written request for refund and provides documentation satisfactory to the Director in support of the request.
(6) The Director shall not authorize a refund of any diversion deposit, or portion thereof, if any of the required waste diversion documentation does not list the City of San Bernardino as the city of origin, and/or the required waste diversion documentation is not from the contractor self-hauling the material in accordance with section J., the franchised hauler, or a facility identified in the waste management plan.
(7) The Director shall not authorize a refund of any diversion deposit, or portion thereof, if the applicant does not include a weight ticket document for all landfilled and recycled C&D waste as a result of the project.
(I) Waste Diversion Methods.
(1) For the purpose of this Chapter, the term "diverted,” or "diversion" means a reduction of the amount of waste being disposed in landfills by any of the following methods:
(a) Use of new construction methods, as described in regulations promulgated by the Director, that reduce the amount of waste generated. (b) On-site reuse of waste.
(c) Delivery of the waste from the site to a certified recycling facility. (d) Other methods as approved in regulations promulgated by the Director.

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Ordinance No. MC-1656
7 (2) All of the waste diversion methods which may qualify for a refund of a diversion deposit are subject to restrictions and documentation requirements set forth in regulations promulgated by the Director.
(J) Recycling facility certification requirements.
(1) For the purpose of this Chapter, "certified recycling or material recovery facility" means a recycling, composting, materials recovery or reuse facility that has been certified by the Director as meeting all of the requirements in subsection II of this section.
(2) The Director shall issue a certification only if the owner or operator of the facility submits documentation satisfactory to the Director:
(a) That the facility has obtained all applicable federal, state, and local permits, and is in full compliance with all applicable regulations; and (b) The percentage of incoming waste from construction, demolition, and alteration activities that is diverted from landfill disposal meets the required minimum percentage set forth in regulations promulgated by the Director. (K) Self-Hauling.
(1) For purposes of this section, "job site" means a location at which construction and demolition debris are generated by a contractor.
(2) Subject to subsection III, a contractor may self-haul construction and demolition debris, as defined in section 8.24.010, generated by the contractor at the job site.

When acting as a general contractor the contractor may haul these same materials for any contractor acting as a subcontractor at the same job site. (3) The right of a contractor to self-haul or haul hereunder is subject to the following conditions:
(a) All contractors generating any of the Recyclable Materials or C&D Waste, as defined by section 8.24.010, to be self-hauled or hauled shall have a valid City business registration certificate;
(b) The contractor owns the self-hauling or hauling equipment and the equipment is clearly marked with the identity of the contractor including, as a minimum threshold requirement, the company name, address, and phone number;
(c) The contractor must be performing construction and demolition work on the permitted job site;
(d) The contractor must be named on the building permit; Packet Page. 1471
Ordinance No. MC-1656
8 (e) The contractor provides a copy of the vehicle registration; (f) The contractor provides proof of insurance for the vehicle; (g) The contractor cannot serve solely as a hauler of debris from the job site; (h) The contractor's equipment shall be operated by an employee of the contractor at all times during any self-haul to a disposal or processing facility in a manner consistent with all appropriate laws and regulations; (i) The contractor performing the self-haul holds a current building and demolition permit which includes all recyclables or construction and demolition debris for which the contractor will be performing self-hauling, and the contractor complies with the construction and demolition provisions of the city;
(j) The contractor shall hold a construction and demolition self-haul permit and pay the applicable C&D self-haul permit fee as set by the City Council. The C&D self-haul permit and applicable fee are issued per project and are valid only for the duration of the specific project; and
(k) The contractor performing the self-haul must comply with all requirements of this Chapter, including submittal of a waste management plan and a diversion deposit.
(L) Diversion Deposits.
(1) Diversion deposits shall be used only for:
(a) Payment of diversion deposit refunds;
(b) Costs of administration of the program established by this Chapter; (c) Cost of programs whose purpose is to divert from landfill disposal the waste from construction, demolition and alteration projects; and (d) Costs of programs whose purpose is to develop or improve the infrastructure needed to divert from landfill disposal the waste from construction, demolition and alteration projects.
(M) Enforcement.
(1) If an applicant who is subject to the requirements set forth in this Chapter fails to comply with this section prior to commencement of work on a covered project, the project shall be subject to a "stop work" order issued by the city until the waste management plan is submitted as required and has been approved by the Director pursuant to section F.
(2) It is unlawful for any person to collect or transport solid waste (as defined in section

8.24.010) within the city unless such person is a Franchised Hauler, as defined in section 8.24.010, or otherwise authorized in Chapter 8.24. It is unlawful for any person to permit, allow or enter into any agreement whatsoever for the collection Packet Page. 1472
Ordinance No. MC-1656
9 or transportation of solid waste from any residential premises, commercial premises, or construction or demolition project with any person who is not an authorized collector as herein defined except as permitted in section J of this Chapter.
(3) Each violation of the provisions of this Chapter shall constitute a public nuisance and be subject to abatement as such, pursuant to the provisions of section 8.24.130.” SECTION 3. Certification. 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 4. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.).

The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) The City Council hereby directs City staff to file a Notice of Exemption within five days of the adoption of this Ordinance.

SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Effective Date. This Ordinance shall take effect 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 3rd day of December 2025.

Helen Tran, Mayor
City of San Bernardino
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Ordinance No. MC-1656
10 Attest:

Telicia Lopez, CMC, City Clerk
Approved as to form:

Sonia Carvalho, City Attorney
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Ordinance No. MC-1656
10 Packet Page. 1475
Ordinance No. MC-1656
11 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1656, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 5th day of November 2025. Ordinance No. MC-1656 was approved, passed and adopted at a regular meeting held the 3rd day of December 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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2019 & 2022 CALGreen Construction Waste Management Requirements Summary Created by CalRecycle Last Updated: March 10, 2023
1 Projects with demolition-only permit (not included with a construction permit) is outside the scope of the CALGreen building code. Therefore, jurisdictions using CALGreen for C&D waste management should address recycling in demolition-only projects should they occur.
2 All additions conducted within a 12-month period under single or multiple permits, resulting in an increase of 30 percent or more in floor area, shall provide recycling areas on site. CALGreen Section 5.410.1.1 3 Applies to nonresidential additions 1,000 ft2 or greater. CALGreen Section 301.3 4 Applies to building alterations with a permit valuation of $200,000 or above. CALGreen Section 301.3 Non-Residential Compliance Methods (5.408)
Occupancy Covered
Projects
Waste
Diversion
Waste Diversion
Tracking Space Enclosure Universal Waste
New Construction
& Demolition1
Locally
Permitted
Structures
(301.3.2)
≥ 65%
Waste
Diversion
(5.408.1)
Or
≤ 2 lbs/ft2
Disposal
(5.408.1.3)
Submit a
Waste
Management Plan
(5.408.1.1)
Or
Use a waste
management
company with
verifiable
documentation
(5.408.1.2)
Provide areas that serve the
entire building for depositing,
storage and collection of
materials for recycling including
metals, paper, glass, cardboard,
plastics and organic waste
(5.410.1)
NA
Additions
See Above
(5.410.1)
Applies to certain
additions2
(5.410.1.1)
Verify that Universal
Waste is properly
disposed. A list of
materials shall be in the
construction documents
(5.408.2)
Applies to certain
additions3
(301.3)
Alterations NA
See Above (5.408.2)
Applies to certain
alterations4
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2019 & 2022 CALGreen Construction Waste Management Requirements Summary Created by CalRecycle Last Updated: March 10, 2023
5 Projects with demolition-only permit (not included with a construction permit) is outside the scope of the CALGreen building code. Therefore, jurisdictions using CALGreen for C&D waste management should address recycling in demolition-only projects should they occur.
6 See Section 1102A.1 for CALGreen’s definition of multifamily dwellings. 7 Section 301.1.1 applies to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. Applies only to and or within the specific area of addition or alteration. 8 Section 301.1.1 applies to additions or alterations of existing residential buildings where the addition or alteration increases the building's conditioned area, volume, or size. Applies only to and or within the specific area of addition or alteration.

Residential Compliance Methods (4.408)
Occupancy Covered
Projects Waste Diversion Waste Diversion Tracking Space Enclosure New
Construction
& Demolition5
Locally
Permitted
Structures
≥ 65% Waste Diversion (4.408.1)
Or
≤ 3.4 lbs/ft2 disposal
for low-rise, ≤ 3 stories (4.408.4)
Or
≤ 2 lbs/ft2 disposal
for high-rise, ≥ 4 stories (4.408.4.1)
Submit a Waste
Management Plan
(4.408.2)
Or
Use a waste
management company
with verifiable
documentation
(4.408.3)
Provide areas that serve the
entire building for depositing,
storage and collection of
materials for recycling including
metals, paper, glass, cardboard,
plastics and organic waste
(4.410.2)
Only applies to
multifamily dwellings6
with ≥ 5 units
(4.410.2)
Additions
Certain
additions
(301.1.1)7 ≥ 65% Waste Diversion (4.408.1)
NA
Alterations
Certain
alterations
(301.1.1)8
NA
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2019 & 2022 CALGreen Construction Waste Management Requirements Summary Created by CalRecycle Last Updated: March 10, 2023
Waste Diversion Requirement
• Newly constructed buildings and demolition projects shall divert from landfills at least 65% of the construction and demolition (C&D) materials generated at the project site.
• All locally permitted additions and alterations to non-residential projects shall also meet the minimum 65% waste diversion requirement. • Additions and alterations to residential buildings that increase the structure's conditioned area, volume or size are also required to meet the 65% waste diversion requirement.

Methods of Compliance
• Enforcing agencies can require contractors to develop and maintain a waste management plan and document diversion and disposal. OR • Utilize a waste management company that can provide verifiable documentation that it meets 65% waste diversion. OR • Use a waste stream reduction alternative:
o Non-residential new construction and residential high rise (4 stories or more) projects with a total disposal weight of ≤ 2 lbs/ft2 meets the 65% waste diversion requirement.
o Residential low rise (3 stories or less) with new construction disposal of ≤ 3.4 lbs/ft2 meets the 65% waste diversion requirement.

Recycling by Occupants (Space for Recycling)
• Newly constructed non-residential buildings, certain non-residential additions and multi-family housing with ≥ 5 units should provide readily accessible areas that serve the entire building and are identified for the depositing, storage and collection of non-hazardous materials for recycling, including (at minimum) paper, corrugated cardboard, glass, plastics, organic waste and metals.

Universal Waste
• Universal waste (such as batteries, e-waste, lamps, cathode ray tubes/glass, aerosol cans) from non-residential addition and alteration projects shall require verification that the materials are disposed of properly and diverted from landfills. A list of prohibited universal waste materials shall be included in the construction documents. This is required for nonresidential additions of 1,000 ft2 or greater and building alterations with a permit valuation of $200,000 or above.

Recycled Content (Voluntary for Non-Residential Structures) • Use recycled content materials that meets specified Recycled Content Value. Or simply use two or three materials out of 9 product types on the list: exterior paint, carpet, compost, mulch, acoustical ceiling panels, drywall, aggregate base, fiberglass or cellulose insulation.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: December 3, 2025
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Discussion for a Potential One-Year Moratorium on the Sale and Use of Fireworks Within the City of San
Bernardino and/or Additional Strategies to Enhance the
City’s Enforcement to Reduce the Use of Illegal Fireworks (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss several options which include a social host ordinance and drone enforcement program, a potential one-year moratorium on the sale and use of fireworks, and/or maintaining the current safe and sane fireworks ordinance with regulatory fee, and to provide direction to staff regarding the next steps, if any.

City Manager's Comments
This is a difficult balance for the City Council to consider. Fireworks on the 4th of July is a popular activity and raises funds for not-for-profits, but at the same time residents are interested in a safe environment and in particular safe environment from a fire prevention mode. Several options have been looked at and brought forward for further discussion. They include implementing a one-year moratorium or maintaining the current ordinance with regulatory fee, and/or introducing a social host ordinance with a drone enforcement program. If any of these options are of interest to the City Council, we will bring back an ordinance or resolution for possible City Council action.

Executive Summary
On September 17, 2025, the City Council directed City staff to bring back a discussion on fireworks within 60 days. The primary focus of the discussion involves a potential one-year moratorium on the sale and use of fireworks within the City, its potential impact on enforcement costs, and additional considerations that include a social host ordinance that would hold property owners responsible for the discharge of illegal fireworks on their property, an expansion of the City’s drone program for fireworks Packet Page. 1480
enforcement, or other options for increased enforcement.

Background
The State of California (“State”) regulates the sale and use of fireworks through the State Health and Safety Code. Under these regulations, the State provides criteria that define and prohibit the sale and use of “dangerous fireworks” throughout the entire State (Attachment 1). Those fireworks that do not meet the definition of “dangerous fireworks” in the Health and Safety Code are considered “safe and sane fireworks,” and their sale and use are permitted unless otherwise prohibited by the local jurisdiction. It is important to note that the terms “dangerous fireworks” and “safe and sane fireworks” do not reflect the City’s opinion regarding their impact; rather, these are how the categories of fireworks are defined in the State’s Health and Safety Code.

The City of San Bernardino (“City”) is one of several municipalities in the County of San Bernardino that allows for the sale and use of “safe and sane fireworks” except for in designated areas where all fireworks are prohibited, regardless of their classification.

Specifically, all fireworks are prohibited north of California State Route 210; in and around Perris Hill and Perris Hill Park; and in the surrounding areas of San Andreas High School and Cole Elementary School between Base Line and State Route 210 (see Attachment 2). It is also important to note that the County of San Bernardino prohibits all fireworks, including those designated as “safe and sane fireworks,” in any unincorporated area of the County. As a result, there are additional “county pockets” both north and south of State Route 210 where all fireworks are prohibited that do not otherwise show on the City’s Prohibited Fireworks Area Map.

San Bernardino Municipal Code and the Fireworks Regulatory Fee While the City allows for “safe and sane fireworks” in specified areas, their sale and use are regulated by additional provisions found in Chapter 8.60 of the Municipal Code (Attachment 3). These regulations restrict who is allowed to purchase fireworks in the City (individuals 18 years of age or older), who is eligible to receive one of the 35 available licenses to sell fireworks (nonprofit organizations with a sales tax permit from the State Board of Equalization), and when fireworks may be sold and used (from 12:00 p.m. on July 1 through midnight on July 4), among other provisions.

One important component of the City’s existing fireworks regulations is the regulatory fee that is currently assessed on both licensed fireworks sellers (which are nonprofit organizations) and their suppliers. This fee generates additional revenue for the City to help offset its fireworks-related enforcement costs. The regulatory fee is set by the Council each year and is applied to the gross sales of all fireworks sold within the City.

The process for assessing and collecting this fee is outlined in Section 8.60.095 of the Municipal Code and involves the following steps:

1. The Council adopts a resolution setting the regulatory fee no later than 7:00 p.m. on July 1 of each year, where the fee cannot exceed 10% of the total gross sales of fireworks sold in the City and is based on a study of the enforcement costs.

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2. Each fireworks licensee and supplier is required to submit their financial statements to the City by August 31 showing their total gross sales of fireworks that occurred within the City.

3. The City reviews the financial statements and then invoices each licensee and supplier for their share of the regulatory fee. Payment is due within 30 days of the invoice, and a 10% penalty is applied for late payments. If a licensee or supplier fails to pay the regulatory fee, then they will be disqualified from obtaining a license and/or supplying fireworks in the future, and the amount owed is subject to collection by any legal means available.

As an example, if Council were to set a 10% regulatory fee on the sale of fireworks for the current year, and there was $1,000,000 in “safe and sane fireworks” sales that occurred within the City, the City would receive $100,000 in regulatory fee revenue that would be used to help offset its fireworks-related enforcement costs. If the City expended $250,000 on staff time and resources for enforcing its fireworks rules, then only $150,000 would have been burdened by the City’s General Fund because the remaining $100,000 was offset by the regulatory fee. While the regulatory fee may not fully cover the costs of fireworks-related enforcement in the City, it provides a meaningful contribution towards the total costs, which would otherwise be fully borne by the City’s General Fund. The City would also expect to receive sales tax revenue since the fireworks license holders must obtain a sales tax permit. In the above example, the City would expect to receive an additional $20,000 in sales tax revenue, with $10,000 coming from Measure S (representing 1% of total gross sales) and $10,000 from the local share of the statewide rate (also 1% of total gross sales).

Discussion
Currently, the City experiences increased fireworks-related service calls and incidents during July due to the Fourth of July celebrations. Even though the sale and use of “dangerous fireworks” is illegal throughout the entire State, they are still unlawfully set off every year in the City. As a result, there is a question regarding the extent to which the allowance of “safe and sane fireworks” influences the use of illegal fireworks in the City and whether a ban on all fireworks would have a meaningful impact. Additionally, there is public debate about the danger posed by “safe and sane fireworks” and if their sale and use should be prohibited with zero exceptions.

On September 17, 2025, the City Council approved agenda item no. 18, which directed City staff to bring back a discussion on fireworks within 60 days so that the City Council can address these matters. The primary focus of the discussion involves a potential one-year moratorium on the sale and use of all fireworks within the entire City, along with additional considerations or strategies to enhance the City’s enforcement and reduce the illegal use of fireworks. This includes additional rules, such as a social host ordinance, enhanced enforcement through an expansion of the drone program, and potentially revising the current administrative civil penalties for fireworks-related violations.

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Fireworks-Related Data and Statistics
Over the last three years, the gross sales of “safe and sane fireworks” in the City has declined, resulting in lower regulatory fee revenue and reduced anticipated sales tax revenue from fireworks. It is important to note that financial data for the current fiscal year (FY 2025-26) is still being collected, and actuals are not available at this time; however, during the adoption of the 2025 fireworks regulatory fee on June 4, 2025, the City estimated that $94,708 in regulatory fee revenue would be collected. Based on this amount, $18,941 in sales tax revenue would be anticipated, bringing the combined estimated revenue to $113,649.60 for the current fiscal year.

While reported sales of “safe and sane fireworks” have declined over the past three years (with data for the current fiscal year unavailable), enforcement costs have increased and the City is currently estimating $269,844 in enforcement costs for the 2025–26 fiscal year. According to Police Department data, there has been a steady rise in fireworks-related service calls over the past three years, and the amount of illegal fireworks that have been seized has increased substantially. The number of arrests and citations, however, has fluctuated, with the 2025 data closely mirroring 2023 figures for these statistics.

Gross Fireworks Sales FY 2022-23 FY 2023-24 FY 2024-25
Non-Profit Organizations $513,650.70 $507,741.40 $425,083.90 Providers $525,650.20 $458,645.50 $416,300.70
Combined Total $1,039,300.90 $966,386.90 $841,384.60
Revenues Generated FY 2022-23 FY 2023-24 FY 2024-25
Regulatory Fee $103,930.09 $96,638.69 $84,138.46
Anticipated Sales Tax* $20,786.02 $19,327.74 $16,827.69 Combined Total $124,716.11 $115,966.43 $100,966.15
* Sales tax revenue is an estimated/anticipated amount derived from the sales tax rate, the City’s share of the sales tax, and the gross sales of fireworks in the City that was reported for the regulatory fee.

Enforcement Costs FY 2022-23 FY 2023-24 FY 2024-25
Regular & Overtime $179,682 $201,825 $211,916
The Police Department uses personnel from special assignments and special details who modify their schedules to work from 2:00 p.m. to midnight for 2 - 3 weeks to handle fireworks-related calls and conduct fireworks-related enforcement. The total number of personnel per shift ranges from 12 to 50 people during the modified deployment for fireworks enforcement.

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Police Statistics 2023 2024 2025
Calls Cleared 210 248 296
Felony Arrests 11 12 11
Misdemeanor Arrests 75 4 75
Health & Safety Citations 11 28 11
Administrative Civil Penalties 6 3 7
Fireworks Seized 12,028 lbs. 17,695 lbs. 29,574 lbs.

One-Year Moratorium
A one-year moratorium on fireworks would involve staff bringing back an ordinance at a future meeting that would prohibit the sale and use of all fireworks, including those defined as “safe and sane fireworks,” throughout the entire City for a period of one year. Currently, Section 8.60.030(A) of the municipal code sets the application period for a license to sell fireworks from March 1 through March 31; if the City Council directs staff to bring back an ordinance for a one-year moratorium, it would be recommended to bring back the first reading of the ordinance in a timeframe where it can be adopted prior to March 1 to help avoid any confusion.

Potential Purposes of a One-Year Moratorium and its Fiscal Impacts A temporary one-year moratorium on the sale and use of all fireworks would allow staff to perform additional statistical analysis on the impact that “safe and sane fireworks” have had on various metrics. This analysis would help determine whether the one-year moratorium should become permanent. For example, to what extent does a complete ban on all fireworks affect the use of “dangerous fireworks” in the City compared to current regulations? Does allowing “safe and sane fireworks” create a culture that encourages more people to obtain and set off “dangerous fireworks” in the City, or do current regulations help satisfy individuals’ desire to use fireworks, thereby reducing the likelihood that they will seek out and use “dangerous fireworks”? A one-year moratorium could potentially help answer these questions and provide additional supporting evidence for either extending or ending the moratorium.

A known impact of a moratorium on all fireworks is that it would result in reduced revenue for the City. This includes the loss of regulatory fee revenue and sales tax revenue that is generated by the sale of “safe and sane fireworks.” Additionally, a moratorium would result in a loss of fundraising revenue for local non-profit organizations. While the gross sales of “safe and sane fireworks” for 2026 are unknown, the City is likely to experience a loss of approximately $100,000 or more in regulatory and sales tax revenue, and non-profit organizations could see a loss of approximately $400,000 or more in gross sales.

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A moratorium on the sale and use of all fireworks may also result in increased enforcement costs, even before accounting for the loss of regulatory fee and sales tax revenues. Prohibiting “safe and sane fireworks” in the City will not completely eliminate their use, and because these fireworks would become illegal, their use would likely generate additional service calls to the Police Department (which would be in addition to those already generated by “dangerous fireworks”). As a result, an increase in City resources may be necessary to effectively enforce a City-wide moratorium on all fireworks. The exact extent to which enforcement costs would be impacted, however, is unknown.

Fines
Violating the City’s rules on fireworks results in an administrative civil penalty ranging from $1,000 to $10,000, depending on the nature of the violation, which is in addition to any other penalties provided by law. The City distinguishes violations between the unlawful use of “safe and sane fireworks” (Section 8.60.150) and “dangerous fireworks” (Section 8.61.030), with the latter being entirely prohibited. Additionally, the City provides a $250 reward to individuals who provide information that leads to the identification and successful criminal or civil prosecution of anyone violating the City’s fireworks laws, as established in Section 8.60.155 of the municipal code. The current penalties for violating the City’s fireworks rules are as follows:

City of San Bernardino
Administrative Civil Penalty 1st Offense 2nd Offense
(Within 36 Months)
3rd Offense*
(Within 36 Months)
Safe and Sane Fireworks Violations $1,000 $2,500 $5,000 Dangerous Fireworks Violations $2,500 $5,000 $10,000
* The fine for the 3rd offense includes each subsequent offense within 36 months.

The City’s fines are generally in-line with or greater than those found in other cities, depending on the violation, and likely do not require revision.

City Administrative Civil Penalty
Fontana $250 - $750 (Safe and Sane)
$2,500 - $10,000 (Dangerous)
Ontario $1,000 per violation
Rancho Cucamonga $1,000 per violation
Redlands $1,000 per violation
Riverside $1,500 per violation
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Social Host Ordinance & Drone Program
An additional consideration, either in place of or in tandem with a moratorium, is a social host ordinance for fireworks. A social host ordinance holds property owners, renters, or other hosts responsible for allowing the illegal use of fireworks on the property that is under their control. This reduces the need for officers to physically insert themselves into a crowd to identify the user or possessor of illegal fireworks; instead, officers can focus on those responsible for the property. The City currently has a social host ordinance for the unlawful consumption of alcohol and controlled substances that takes place on someone’s property (Chapter 8.83: Social Host Accountability), but not for fireworks.

Another consideration is the use of drones to monitor and record illegal fireworks activity, which would ideally work in conjunction with a social host ordinance. Drones would assist the City in accurately determining the physical address from which illegal fireworks are being discharged, and the social host ordinance would allow the City to hold the property owner responsible. The City recently received $562,500 from the County of San Bernardino through Supervisor Joe Baca, Jr. to support the launch of a Drone First Responder Program. Expanding this program so that it can be utilized during the Fourth of July could assist the City in holding violators responsible. Other cities have recently adopted similar ordinances and drone programs for fireworks enforcement, including the City of Stanton and the City of Riverside. 2021-2025 Strategic Targets and Goals
Conducting a discussion on a potential one-year moratorium regarding the sale and use of fireworks and/or additional strategies to reduce the use of illegal fireworks in the City aligns with Key Target No. 3: Improved Quality of Life.

Fiscal Impact
There is no fiscal impact associated with this action.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, discuss several options which include a social host ordinance and drone enforcement program, a potential one-year moratorium on the sale and use of fireworks, and/or maintaining the current safe and sane fireworks ordinance with regulatory fee, and to provide direction to staff regarding the next steps, if any.

Attachments
Attachment 1 – California Health and Safety Code Section 12505 Attachment 2 – Prohibited Fireworks Area Map
Attachment 3 – Municipal Code Chapter 8.60 on Fireworks Attachment 4 – Municipal Code Chapter 8.61 on Prohibited Fireworks Ward:

All Wards
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Synopsis of Previous Council Actions:

September 17, 2025 Mayor and City Council approved a future item for staff to bring back within 60 days regarding a discussion 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.

CC: Eric Levitt, City Manager
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DIVISION 11. EXPLOSIVES [12000 - 12761] ( Division 11 enacted by Stats. 1939, Ch. 60. ) PART 2. FIREWORKS AND PYROTECHNIC DEVICES [12500 - 12728] ( Part 2 repealed and added by Stats. 1973, Ch. 1109. ) 12505.

HEALTH AND SAFETY CODE - HSC
CHAPTER 1. General Provisions and Definitions [12500 - 12534] ( Chapter 1 added by Stats. 1973, Ch. 1109. ) “Dangerous fireworks” includes all of the following:
(a) Any fireworks which contain any of the following:
(1) Arsenic sulfide, arsenates, or arsenites.
(2) Boron.
(3) Chlorates, except:
(A) In colored smoke mixture in which an equal or greater amount of sodium bicarbonate is included. (B) In caps and party poppers.
(C) In those small items (such as ground spinners) wherein the total powder content does not exceed 4 grams of which not greater than 15 percent (or 600 milligrams) is potassium, sodium, or barium chlorate. (4) Gallates or Gallic acid.
(5) Magnesium (magnesium-aluminum alloys, called magnalium, are permitted). (6) Mercury salts.
(7) Phosphorous (red or white except that red phosphorus is permissible in caps and party poppers). (8) Picrates or picric acid.
(9) Thiocyanates.
(10) Titanium, except in particle size greater than 100-mesh. (11) Zirconium.
(b) Firecrackers.
(c) Skyrockets and rockets, including all devices which employ any combustible or explosive material and which rise in the air during discharge. (d) Roman candles, including all devices which discharge balls of fire into the air. (e) Chasers, including all devices which dart or travel about the surface of the ground during discharge. (f) Sparklers more than 10 inches in length or one-fourth of one inch in diameter. (g) All fireworks designed and intended by the manufacturer to create the element of surprise upon the user. These items include, but are not limited to, auto-foolers, cigarette loads, exploding golf balls, and trick matches. (h) Fireworks known as devil-on-the-walk, or any other firework which explodes through means of friction, unless otherwise classified by the State Fire Marshal pursuant to this part.
(i) Torpedoes of all kinds which explode on impact.
(j) Fireworks kits.
(k) Such other fireworks examined and tested by the State Fire Marshal and determined by him, with the advice of the State Board of Fire Services, to possess characteristics of design or construction which make such fireworks unsafe for use by any person not specially qualified or trained in the use of fireworks.
(Amended by Stats. 1977, Ch. 513.)
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CHAPTER 8.60: FIREWORKS
Section

8.60.010 Location of sales and discharge of fireworks

8.60.015 Sale of fireworks to minors prohibited; identification required

8.60.020 License - required

8.60.030 License - application - public liability insurance

8.60.040 License - notice of granting or rejection

8.60.050 License - prerequisites to issuance

8.60.060 Suspension of license - appeal procedure

8.60.070 Operation of temporary fireworks stand

8.60.080 Requirements for fireworks supplier

8.60.090 License tax

8.60.095 Regulatory fee for licensee and fireworks supplier

8.60.100 Temporary sales tax permit required

8.60.110 Display of license and sales tax permit

8.60.120 Permissible locations for discharge

8.60.130 Prohibitions on sale or discharge

8.60.140 Reserved

8.60.150 Violation - penalty

8.60.155 Reward Fund

8.60.160 Financial reporting

8.60.170 Residential storage of fireworks
Appendix A: Location of Sales and Discharge of Fireworks § 8.60.010 LOCATION OF SALES AND DISCHARGE OF FIREWORKS. (A) Safe and sane fireworks, as defined by the Cal. Health and Safety Code, § 12529, may be sold, stored, possessed and discharged within the city subject to the requirements of this chapter, except that such sale, storage, possession or discharge shall not be allowed in the following designated areas. Such areas are depicted on a map entitled “Location of Sales and Discharge of Fireworks” on file in the City Clerk’s office and incorporated herein by reference, a reduced copy of which is attached to this chapter as Appendix A.
(B) Such areas are designated as follows:
(1) That area within the city lying north of a line extending from the west city limits at Highland Avenue to the east city limits and bounded on the south side by streets and highways as follows: commencing from the west city limits at the centerline of Highland Avenue thence easterly to the intersection of Highland Avenue and the 210/30 Freeway; thence easterly following the 210/30 Freeway to the interchange of Highway 330; thence north-easterly following Highway 330 to the intersection of Highland Avenue, east of Boulder; thence easterly from the intersection of Highland Avenue and Highway 330 along the centerline of Highland Avenue; thence continuing south-easterly along the centerline of Highland Avenue and its south-easterly prolongation to the intersection of the southerly prolongation of the most easterly borderline of the city, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter;
(2) That area within the city, whether contiguous or not, which lies north or northwest of a line from the west city limits at Highland Avenue, in a westerly direction on Highland Avenue to the 210 Freeway, and then west on the 210 Freeway to the I-15 Freeway. That area within the city, whether contiguous or not, which lies north or northeast of the intersection of the I-15 Freeway and the 215 Freeway, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter;
(3) Inclusive of the area within the city limits beginning at the intersection of Highland Avenue and Boulder Avenue, Highland Avenue west to Victoria Avenue, Victoria Avenue south to Baseline Street; Baseline Street east to Boulder Avenue, Boulder Avenue north to Highland Avenue, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter; and (4) Inclusive of the area beginning at the intersection of Pacific Street and Del Rosa Avenue, Pacific Street west to Packet Page. 1490
Perris Hill Park Road, Perris Hill Park Road north to an imaginary line extending north from Perris Hill Park Road to intersect Highland Avenue, Highland Avenue east to Del Rosa Avenue, Del Rosa Avenue south to Pacific Street, as depicted on the previously referenced map on file in the City Clerk’s office, a reduced copy of which is attached to this chapter. (Ord. 2884, passed 2-6-1968; Ord. MC-219, passed 11-2-1982; Ord. MC-1022, passed 5-19-1998; Ord. MC-1138, passed 2-19-2003; Ord. MC-1578, passed 5-18-2022)
§ 8.60.015 SALE OF FIREWORKS TO MINORS PROHIBITED; IDENTIFICATION REQUIRED.

The sale of fireworks to anyone under the age of 18 is prohibited. A valid form of identification is required at time of purchase.
(Ord. MC-1022, passed 5-19-1998; Ord. MC-1138, passed 2-19-2003) § 8.60.020 LICENSE - REQUIRED.

Except as provided in this chapter, it is unlawful for any person, organization, group or association and the like to offer for sale or sell at retail any fireworks of any kind in the city without having first applied for and received a license from the Department of Finance and Management Services.
(Ord. 2884, passed 2-6-1968; Ord. MC-460, passed 5-15-1985; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)
§ 8.60.030 LICENSE - APPLICATION - PUBLIC LIABILITY INSURANCE.

All applications for a license to sell fireworks shall:
(A) Be made in writing and accompanied by the tax set forth in §8.60.090, in addition to a non-refundable fireworks administrative fee of $50, or such other amount as shall be subsequently set by resolution of the Mayor and City Council.

The fee will be used to defray the administrative costs of the fireworks program. Applications shall be made between March 1 and March 31 of each year, except when the thirty-first falls on a Saturday, Sunday or legal holiday, the following business day shall be determined to be the last day;
(B) Set forth the proposed location of the fireworks stand applied for. The stands must be on private property located in Commercial General (“CG”) or Commercial Regional (“CR”) General Plan Land Use Districts and the written permission of the owner of record or lessee must accompany the application; (C) Be accompanied by an assurance that if the license is issued to the applicant, the applicant shall, at the time of receipt of the license, deliver to the Department of Finance and Management Services a minimum of $1,000,000 public liability and property damage insurance policies with riders attached to the policies designating the city as an additional insured under this chapter, and a copy of the requisite permit from the State Fire Marshal; (D) Include a copy of the applicant’s current 501(c)(3), (4), (5), (6), (8), (10), (19), (20) or 501(d) verification of non-profit status, or demonstrate that it is a non-profit organization, group, association and the like, which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates) or charitable purposes; (E) Demonstrate how revenues received would benefit the citizens of the city by submitting official Board minutes detailing the intent and authorization to sell fireworks. Such minutes shall detail what sites, populations or projects within the city will benefit and for what purposes; and
(F) Have attached a completed financial statement form that describes anticipated revenues, expenses and profits. Such form will be provided by the Department of Finance and Management Services to each applicant. The information contained in this form shall furthermore detail how much money will be provided to the projects mentioned pursuant to division (E) above. No less than 90% of the net profits derived from the sale of fireworks in the city by the applicant shall be utilized for the direct advancement of the applicant’s stated non-profit purposes within the city in accordance with division (E) above. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1578, passed 5-18-2022; Ord. MC-1625, passed 2-21-2024)
§ 8.60.040 LICENSE - NOTICE OF GRANTING OR REJECTION.

Applicants for any such license shall be notified by the Department of Finance and Management Services by April 15 of the granting or rejection of such application for a license. No license shall be issued if the applicant fails to provide all the information or fails to meet all the criteria specified in § 8.60.030, or any other provision of this chapter. The decision of the Department of Finance and Management Services may be appealed to the Mayor and City Council under the provisions of Chapter 2.64. The decision of the Mayor and City Council shall be final. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)
§ 8.60.050 LICENSE - PREREQUISITES TO ISSUANCE.

The following qualifications must be met by each applicant for a license issued under this chapter.

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(A) No license shall be issued to any applicant, except a non-profit organization, group, association and the like, organized and operating within the city limits in conformity with § 8.60.030(D), (E) and (F). (B) Each such applicant must have its principal and permanent meeting place in the corporate limits of the city and must have been organized and established in the city’s corporate limits for a minimum of one year continuously preceding the filing of the application for the license, and must have a bona fide membership of at least 20 members. (C) No applicant may receive more than one license or participate in more than one fireworks stand during any one calendar year. The maximum number of licenses that may be issued during any one calendar year shall be 35. All applicants shall be reviewed for compliance with this chapter. All qualified applicants who held a license during 2002, whether as an individual or as part of a joint venture, shall have priority for the available licenses in 2003. Priority will also be given in 2003 to any joint venture which has at least one qualified applicant who held a license during 2002. Any remaining licenses in 2003, after deducting priority applicants, shall be determined by lottery and shall be granted by a drawing supervised by the City Clerk.
(D) One license may be issued to two or more qualified applicants as a joint venture; provided that the application for the joint venture is submitted prior to the application deadline. Each qualified applicant in a joint venture which is granted a license is deemed to be a co-licensee and shall have the same benefits, duties and liabilities under the license. (E) All qualified applicants who held a license the immediate previous year, whether as an individual or as part of a joint venture, shall have priority for the available licenses for the immediate next year. However, if the total number of qualified applicants who were licensees or co-licensees from said previous year exceeds 35 licenses because the membership(s) of joint venture(s) has changed or the joint venture ceases to exist, then those qualified applicants which were part of such joint venture(s) shall lose their priority and shall be placed in a lottery drawing for any remaining available licenses after all other qualified applicants from the immediate previous year are granted licenses. If the total number of qualified applicants who were licensees or co-licensees from the immediate previous year does not exceed 35 licenses, then any remaining licenses shall be determined by lottery and shall be granted by a drawing supervised by the Director of Finance and Management Services. Any prior licensee, the license of which has been suspended under the provisions of § 8.60.060, shall be eligible for a new license only upon satisfying the Fire Chief or the Police Chief that suitable arrangements have been made to preclude future violations.
(Ord. 2884, passed 2-6-1968; Ord. 3236, passed 2-25-1972; Ord. MC-219, passed 11-2-1982; Ord. MC-1138, passed 2-19- 2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.060 SUSPENSION OF LICENSE - APPEAL PROCEDURE.
(A) The Fire Chief, or his or her designee, and the Police Chief, or his or her designee, shall each be authorized to suspend immediately and without notice or formal hearing the license of any licensee which violates any rule, regulation or ordinance while operating or preparing to operate a fireworks stand during or immediately preceding any period of sale. If the Fire Chief, or his or her designee, or the Police Chief, or his or her designee, establishes that a violation has occurred too late to suspend the license during the period of sale, he or she shall have power to suspend the licensee from future licenses, and to suspend the priority of the licensee, for any such violation found to have occurred during or immediately preceding or immediately following the authorized period of sale. (B) The decision of the Fire Chief, or his or her designee, or the Police Chief, or his or her designee, to suspend the license of any licensee shall be subject to review by the City Manager. In view of the limited sales period each year, for suspensions affecting the sale period, such hearing shall be held at the earliest possible time that the licensee, the City Manager, or his or her designee, and the representative of the Fire Chief or Police Chief can schedule such hearing; provided that in every case, said hearing shall be held within 72 hours of the Fire Chief’s or Police Chief’s decision. For suspensions after the sale period, the hearing shall be held within one month after the request for hearing, which request must be made within 15 days after notice of the suspension. The City Manager is authorized to set aside the suspension, or to modify the suspension by limiting its effect to only one or more days, or by setting aside the forfeiture of priority status for future years. The decision of the City Manager may be appealed to the Mayor and City Council under the provisions of Chapter 2.64. The decision of the Mayor and City Council shall be final. (Ord. MC-219, passed 11-2-1982; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018) § 8.60.070 OPERATION OF TEMPORARY FIREWORKS STAND.

The license entity, the person(s) who signs the application for the license and the supervisor or manager on the license present in charge of each fireworks stand shall comply and ensure compliance with the following. (A) No person, organization, group, association and the like other than the licensee entity shall be allowed to operate the stand for which the license is issued or to otherwise participate in the profits of the operation of such stand. (B) No person, organization, group, association and the like other than the individuals who are members of the licensee entity, or the spouses or adult children of such members, shall be allowed to sell or otherwise participate in the sale of fireworks at such stand.
(C) No consideration shall be paid to any person for selling or otherwise participating in the sale of fireworks at such stand.
(D) No person under 18 years of age shall be permitted in the stand and signage shall be prominently displayed in/on the Packet Page. 1492
stands stating that no person under 18 years of age shall be permitted in the stand. (E) No person shall consume alcoholic beverages within 25 feet of any stand. (F) An emergency contact telephone number shall be posted on the exterior and interior surfaces of all exit doors. (G) All retail sales of safe and sane fireworks shall be permitted only from within a temporary fireworks stand, and sales from any other building or structure is prohibited.
(H) No fireworks stand shall be located within 25 feet of any other building nor within 100 feet of any gasoline pump. (I) Fireworks stands need not comply with the provisions of the Building Code of the city; provided that all stands shall be erected under the supervision of the Director of the Department of Development Services, or his or her designee, who shall require that stands be constructed in a manner that will reasonably ensure the safety of attendants and patrons. In addition, each stand and its location shall be inspected and approved by the Fire Marshal prior to commencing storage or sales of fireworks therein.
(J) No stand shall have a floor area in excess of 300 square feet. (K) Each stand in excess of 24 feet in length must have at least two exits; and each stand in excess of 40 feet in length must have at least three exits spaced approximately equidistant apart; provided, however, that in no case shall the distance between exits exceed 24 feet.
(L) Each stand shall be provided with two two and one-half gallon water pressure type fire extinguishers, underwriter approved, in good working order and easily accessible for use in case of fire, at all times during the storage/sales of fireworks.
(M) All weeds and combustible material shall be cleared from the location of the stand, including a distance of at least 20 feet surrounding the stand.
(N) “No smoking” signs shall be prominently displayed on the fireworks stand, and no smoking shall be permitted within 25 feet of any fireworks stand.
(O) Each stand shall have a person present and designated as supervisor or manager in charge thereof, at all times, who is listed on the license, while fireworks are stored or sold therein. Sleeping or remaining in the stand after close of business each day is forbidden.
(P) The sale, use, storage or possession of fireworks shall not begin before 12:00 p.m. on July 1 and shall not continue after midnight on July 4.
(Q) Each stand shall post for public viewing, a copy of the map identified in §8.60.010 (“Location of Sales and Discharge of Fireworks” in Appendix A) and shall also provide a copy of this map to each purchaser of fireworks. The costs of copying such maps shall be borne by the licensee.
(R) All unsold stock and accompanying litter shall be removed from the location by 5:00 p.m. on July 5. (S) The fireworks stand shall be removed from the temporary location by 12:00 p.m. on July 15, and all accompanying litter shall be cleared from the location by said time and date. (Ord. 2884, passed 2-6-1968; Ord. MC-460, passed 5-15-1985; Ord. MC-1138, passed 2-19-2003; Ord. MC-1194, passed 4-4-2005; Ord. MC-1578, passed 5-18-2022)
§ 8.60.080 REQUIREMENTS FOR FIREWORKS SUPPLIER.
(A) Prior to the issuance of a license, each applicant shall file with the Department of Finance and Management Services a cash deposit, certificate of deposit or a surety bond posted by the fireworks supplier and made payable to the city in the amount of $300, or such other amount as may be subsequently set by resolution of the Mayor and City Council to ensure compliance with the provisions of this chapter.
(B) Such deposit or certificate shall be refundable upon compliance with the provisions and requirements of this chapter, including, but not limited to, the removal of the stand and the cleaning of the site. (C) In the event the fireworks supplier does not so comply to remove the stand or clean the site in the manner required by the Department of Community Development and Housing, the city may do so, or cause the same to be done by other persons, and the reasonable cost thereof shall be a charge against the fireworks supplier and his or her surety and the deposit, certificate or bond.
(Ord. 2884, passed 2-6-1968; Ord. MC-1027, passed 9-9-1998; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)
§ 8.60.090 LICENSE TAX.

As set by Ord. 2884, the license tax for the selling of fireworks within the city shall be $200 per year per stand which tax must be paid at the time application for a stand is filed with the Department of Finance and Management Services. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024)
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§ 8.60.095 REGULATORY FEE FOR LICENSEE AND FIREWORKS SUPPLIER. (A) The city shall assess a regulatory fee based on the gross sales of fireworks on all fireworks sales that occur within the city. One-half of the regulatory fee shall be paid by the licensee and the remaining one-half shall be paid by the fireworks supplier. The purpose of the regulatory fee is to raise sufficient funds for the city to pay for fireworks public education and an awareness campaign about fireworks, and for enforcing the provisions of this chapter, including extra personnel time for fire inspection and enforcement duties.
(B) Prior to imposing the fee, the city shall prepare a study of the anticipated cost for fireworks education, awareness and enforcement. After preparing the study, the Mayor and City Council shall adopt a resolution setting the regulatory fee rate no later than 7:00 p.m. on July 1 of each year. The regulatory fee rate shall not exceed 10% of the total gross sales of the fireworks sold in the city by licensees during the period set forth in § 8.60.070(P). (C) The Department of Finance and Management Services, each year, shall determine the amount of the regulatory fee based on the licensee’s fireworks sales financial statements. Each licensee shall provide its fireworks sales financial statement and its fireworks supplier’s information to the city no later than August 31 for the period set forth in § 8.60.070(P).

After the Department of Finance and Management Services receives the financial statements, the Department of Finance and Management Services shall invoice each licensee and each fireworks supplier for its share of the total annual regulatory fee. Payment of the regulatory fee by each licensee and each fireworks supplier shall be due to the city 30 days following the issuance of the invoice.
(D) Failure by any licensee or fireworks supplier to pay the amount invoiced by the City Department of Finance and Management Services shall be cause to disqualify the licensee from obtaining a license to sell fireworks and disqualify the fireworks supplier from providing its products for sale in the city in the future. In the event that the regulatory fee is not paid by the due date, it shall be subject to a 10% penalty for each month or portion of a month that it is overdue. If not paid by the due date, the amount becomes a debt owed to the city subject to collection by any legal means available. (E) Any person who violates or causes violation of any provision of this section shall be deemed guilty of an infraction or a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (Ord. MC-1194, passed 4-4-2005; Ord. MC-1308, passed 6-16-2009; Ord. MC-1390, passed 7-1-2013; Ord. MC-1625, passed 2-21-2024)
§ 8.60.100 TEMPORARY SALES TAX PERMIT REQUIRED.

Applicants licensed for the selling of fireworks are required to obtain a temporary sales tax permit from the State Board of Equalization.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003) § 8.60.110 DISPLAY OF LICENSE AND SALES TAX PERMIT.

The license to sell fireworks and temporary sales tax permit shall be displayed in a prominent place in the fireworks stand. (Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003) § 8.60.120 PERMISSIBLE LOCATIONS FOR DISCHARGE.

The use of fireworks in the city shall be limited to private property except as otherwise provided in this chapter. No fireworks shall be discharged on public or private unpaved open areas such as vacant lots or fields, or in a public street or right-of-way, or in public parks except when specifically permitted for public display, and except those areas approved by the Fire Chief.
(Ord. MC-785, passed 5-21-1991; Ord. MC-788, passed 6-4-1991; Ord. MC-965, passed 4-3-1996; Ord. MC-966, passed 4- 16-1996; Ord. MC-1138, passed 2-19-2003)
§ 8.60.130 PROHIBITIONS ON SALE OR DISCHARGE.
(A) It is unlawful for any person, organization, group, association and the like to sell, use, store or possess any fireworks except during the time period specified in § 8.60.070(P). (B) It is unlawful for any person, organization, group, association and the like to sell, use, store or possess any fireworks at any time in any of the areas described in § 8.60.010. (C) It is unlawful for any person, organization, group, association and the like to store, possess, ignite, explode, project or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, except during the period specified in § 8.60.070(P).
(D) It is unlawful for any person, organization, group, association and the like to store, possess, ignite, explode, project or otherwise fire or use any fireworks, or permit the ignition, explosion or projection thereof, in any of the areas described in §

8.60.010, or upon or over or onto the property of another without his or her consent, or to ignite, explode, project or otherwise fire or make use of any fireworks within ten feet of any resident dwelling or other structure used as a place of habitation by human beings.
(Ord. 2884, passed 2-6-1968; Ord. MC-1138, passed 2-19-2003; Ord. MC-1194, passed 4-4-2005; Ord. MC-1578, passed Packet Page. 1494
5-18-2022)
§ 8.60.140 RESERVED.
[Reserved]
(Repealed by Ord. MC-1269, passed 4-22-2008)
§ 8.60.150 VIOLATION - PENALTY.
(A) Any person, organization, group, association and the like violating any provision of this chapter is guilty of an infraction or a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) In addition to any other penalties provided by law, any person, organization, group, association and the like violating any provisions of this chapter shall be subject to an administrative civil penalty of:
(1) One thousand dollars for the first offense;
(2) Two thousand five hundred dollars for the second offense within 36 months; and (3) Five thousand dollars for each subsequent offense within 36 months. (Ord. 2884, passed 2-6-1968; Ord. MC-460, passed 5-15-1985; Ord. MC-1022, passed 5-19-1998; Ord. MC-1073, passed 5-3-2000; Ord. MC-1138, passed 2-19-2003; Ord. MC-1269, passed 4-22-2008; Ord. MC-1535, passed 5-6-2020) § 8.60.155 REWARD FUND.

The City Manager may establish a special fund consisting of fines collected from firework violations to pay rewards in the amount of no more than $250 to individuals providing information leading to the identification and successful criminal or civil prosecution of any person violating this municipal code related to the unlawful possession, sale or discharge of fireworks. (Ord. MC-1535, passed 5-6-2020)
§ 8.60.160 FINANCIAL REPORTING.

No later than August 31 of each year (or the next working day if August 31 falls on a Saturday, Sunday or legal holiday), each licensee operating a stand or participating in a joint venture shall submit to the Department of Finance and Management Services a financial summary of the total sales from fireworks on the financial summary form provided by the Department of Finance and Management Services. The financial summary shall have a summary of actual expenses, revenues and profit for that year and shall have receipts attached for all expenses for each stand, as well as any incentive payments, gifts or other financial consideration provided to members of the licensee or its volunteers. Licensees failing to comply with the aforementioned financial summary deadline of August 31 shall be ineligible to receive a license for the sale of fireworks the following year either as an individual licensee or as a member of a joint venture. (Ord. MC-1138, passed 2-19-2003; Ord. MC-1484, passed 4-18-2018; Ord. MC-1625, passed 2-21-2024) § 8.60.170 RESIDENTIAL STORAGE OF FIREWORKS.

It is unlawful for any person or persons to store any fireworks inside a residence, garage or structure on residential property in the city.
(Ord. MC-1578, passed 5-18-2022)
APPENDIX A: LOCATION OF SALES AND DISCHARGE OF FIREWORKS Packet Page. 1495
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CHAPTER 8.61: PROHIBITED FIREWORKS
Section

8.61.010 Dangerous fireworks prohibited

8.61.020 Dangerous fireworks defined

8.61.030 Violation - penalty

8.61.040 State law limitations
§ 8.61.010 DANGEROUS FIREWORKS PROHIBITED.

In accordance with state law, it is unlawful for any person, organization, group, association and the like to possess, sell, use or discharge any “dangerous fireworks” in the city, without a permit or license granted by the State Fire Marshal. § 8.61.020 DANGEROUS FIREWORKS DEFINED.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

DANGEROUS FIREWORKS. Means and carries the same definition as provided in Cal. Health and Safety Code, § 12505, as amended by the state legislature from time to time.
§ 8.61.030 VIOLATION - PENALTY.
(A) Any person, organization, group, association and the like violating any provision of this chapter is guilty of a misdemeanor, which, upon conviction thereof, is punishable in accordance with the provisions of § 1.12.010. (B) In addition to any other penalties provided by law, any person, organization, group or association and the like violating any provisions of this chapter shall be subject to an administrative civil penalty of:
(1) Two thousand five hundred dollars for the first offense; (2) Five thousand dollars for the second offense within 36 months; and (3) Ten thousand dollars for each subsequent offense within 36 months. (Ord. MC-1535, passed 5-6-2020)
§ 8.61.040 STATE LAW LIMITATIONS.
(A) Any administrative fine or administrative civil penalty assessed pursuant to this chapter shall provide for cost reimbursement to the office of the State Fire Marshal and the collection of disposal costs pursuant to Cal. Health and Safety Code, § 12557.
(B) This chapter shall be limited to apply only to a person, organization, group, association and the like who possesses or the seizure of 25 pounds or less of dangerous fireworks. (C) Any administrative fine or administrative civil penalty collected pursuant to this chapter shall not be subject to Cal.

Health and Safety Code, § 12706, “Disposition of Fines and Forfeitures.” (Ord. MC-1269, passed 4-22-2008)
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Mayor and City CouncilDecember 3, 2025

Mayor and City Council
December 3, 2025