Agenda packet — Mayor and City Council, May 20, 2026 (part 1 of 5)

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

CITY OF SAN BERNARDINO
AGENDA
FORTHE

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

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

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

BERNARDINO ACTING AS THE SUCCESSOR HOUSING AGENCY TO THE REDEVELOPMENT

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

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

ACTING AS THE SAN BERNARDINO JOINT POWERS FINANCING AUTHORITY WEDNESDAY, MAY 20, 2026
3:30 PM - CLOSED SESSION 5:00 PM - OPEN SESSION
NORMAN F. FELDHEYM CENTRAL LIBRARY • 555 WEST 6TH STREET • SAN BERNARDINO, CA 92410 • WWW.SBCITY.ORG
Theodore Sanchez Helen Tran Dr. Treasure Ortiz
COUNCIL MEMBER, WARD 1 COUNCIL MEMBER, WARD 7
MAYOR
Sandra Ibarra Eric Levitt
COUNCIL MEMBER, WARD 2 CITY MANAGER
Juan Figueroa Sonia Carvalho
COUNCIL MEMBER, WARD 3 CITY ATTORNEY
Fred Shorett Telicia Lopez
COUNCIL MEMBER, WARD 4 CITY CLERK
Kim Knaus
MAYOR PRO TEM, WARD 5
Mario Flores
COUNCIL MEMBER, WARD 6
Welcome to a meeting of the Mayor and City Council of the City of San Bernardino

PLEASE VIEW THE LAST PAGES OF THE AGENDA FOR PUBLIC

COMMENT OPTIONS, OR CLICK ON THE FOLLOWING
LINK: TINYURL.COM/MCCPUBLICCOMMENTS
PLEASE CONTACT THE CITY CLERK'S OFFICE (909) 998-2680 TWO

WORKING DAYS PRIOR TO THE MEETING FOR ANY REQUESTS FOR

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

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

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

CALL TO ORDER
Attendee Name
Council Member, Ward 1 Theodore Sanchez
Council Member, Ward 2 Sandra Ibarra
Council Member, Ward 3 Juan Figueroa
Council Member, Ward 4 Fred Shorett
Mayor Pro Tem, Ward 5 Kim Knaus
Council Member, Ward 6 Mario Flores
Council Member, Ward 7 Dr. Treasure Ortiz
Mayor Helen Tran
City Manager Eric Levitt
City Attorney Sonia Carvalho
City Clerk Telicia Lopez
3:30 P.M.

CLOSED SESSION PUBLIC COMMENT
CLOSED SESSION p.13
A) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No. GHC0095108 ii.) Notice of Claim, Jose Loera, dated February 3, 2026, Claim No. GHC0093814 iii.) Notice of Claim, Darren Goodman, dated February 10, 2026, Claim No. GHC00993811 B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation – Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4): (2) items C) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2): 1 Case D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters) Titles: City Manager, City Clerk, City Attorney
5:00 P.M.

INVOCATION AND PLEDGE OF ALLEGIANCE

CLOSED SESSION REPORT
Mayor and City Council of the City of San Bernardino Page 3

PRESENTATIONS

1. California Department of Insurance Legislative Update (All Wards) p.14

2. Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino – May 2026 (All Wards) p.31

3. Proclamation for National Public Works Week in the City of San Bernardino – May 17 – 23, 2026 (All Wards) p.33

PUBLIC HEARING

4. Resolution Approving Street Vacation (15.30-444 of a Portion of Victoria Ave also known as San Manuel Blvd, and Reservation of Utilities Therein (Ward 4) p.35 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-045, approving the vacation of a portion of Victoria Ave also known as San Manuel Blvd, north of East Lynwood Drive, and reservation of utilities therein.

5. Resolution Approving Street Vacation (15.30-443 of a Portion of Parley Avenue, north of W Foothill Boulevard, and Reservation of Utilities Therein (Ward 6) p.54 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-046, approving the vacation of a portion of Parley Avenue, north of W Foothill Boulevard, and reservation of utilities therein.

CITY MANAGER UPDATE

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

CONSENT CALENDAR
Items on the Consent Calendar are Considered Routine and are Voted on in a Single Motion Unless the Mayor and City Council or a Staff Member has Pulled the Item for More Discussion.

6. Adoption of Ordinance MC-1665 Amending Chapter 8.60 (Fireworks) and Chapter

8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add Social Host Regulations and Cost Recovery Provisions to the City’s Fireworks Laws (All Wards) Recommendation: p.71
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1665, amending Chapter 8.60 (Fireworks) and Chapter 8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add social host regulations and cost recovery provisions to the City’s fireworks laws.

Mayor and City Council of the City of San Bernardino Page 4

7. Approval of Amendment No. 2 to the Professional Services Agreement with Redwood Private Security, LP to Incorporate Regal Theatre Security Services into the Citywide Contract and Approval of an Additional Professional Services Agreement for Navigation Center Construction Site Security Services (All Wards) Recommendation: p.107
It is recommended that the Mayor and City Council of the City of San Bernardino, California:

1. Approve Amendment No. 2 to the Professional Services Agreement with Redwood Private Security, LP to incorporate security services for the Regal Theatre into the existing Citywide contract and increase the total not-to-exceed compensation by $80,000; and

2. Approve a Professional Services Agreement with Redwood Private Security, LP for the provision of unarmed security services at the Navigation Center construction site in the amount of $291,667.20, utilizing the same competitively procured rates established under the original agreement; and

3. Authorize the City Manager to execute all related documents necessary to effectuate Amendment No. 2 to the Citywide Agreement and the Professional Services Agreement for the Navigation Construction site.

8. Authorization to Proceed with an Easement Vacation of a Public Utility Easement located within San Bernardino Valley College (Ward 3) p.330 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a public utility easement located within San Bernardino Valley College.

9. Fiscal Year 2026-27 Assessment Levies for Previously Formed Assessment Districts. (All Wards) p.360
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring the City’s intention to levy and collect assessments for Fiscal Year 2026-27 within various assessment districts within the City of San Bernardino, approve Engineer’s Reports for each assessment district and set a public hearing for July 15, 2026:

1. Resolution No. 2026-048 for Assessment Districts Nos. 951 (Zone 1), 951 (Zone 2), 952 (Zones 1, 2, and 2A), 952 (Zone 3), 953, 956, 959 (Zone 1), 962, 963, 968, 974, 975, 976, 981, 982, 986, 989, 991, 993, 997, 1001, 1002, 1005, 1007, 1012 and 1016; and

2. Resolution No. 2026-049 for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024; and

3. Resolution No. 2026-050 for Assessment District No. 1022 and Zones 1, 2 and 3 thereof; and

4. Resolution No. 2026-051 for Assessment District Nos. 1025 and 1027; and

5. Resolution No. 2026-052 for Assessment District Nos. 1028, 1029, 1030, 1031, 1032, 1035 (Zone 1), 1035 (Zone 2), 1036, 1037, 1038, 1039, 1040, 1041, 1042, 1043 (Zone 1), 1043 (Zone 2), 1045, 1046, 1047, 1048, 1049, 1050, 1051, 1052, 1054, 1055, 1056, 1057, 1059, 1060, 1063, 1064 and 1068.

10. Investment Portfolio Report for February 2026 (All Wards) Recommendation: p.824
It is recommended that the Mayor and City Council of the City of San Bernardino, California, accept and file the Monthly Investment Portfolio Report for February 2026.

Mayor and City Council of the City of San Bernardino Page 5

11. Review of Administrative Budget Transfers From January 1, 2026, Through March 31, 2026 (All Wards) p.852
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, review and file all listed administrative budget transfers from January 1, 2026, through March 31, 2026.

12. Approval of Commercial and Payroll Disbursements and Purchase Card Transactions for February 2026 (All Wards) p.861
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California approve the commercial and payroll register and purchasing card transactions for February 2026.

13. Approve a Second Amendment to the Professional Services Agreement with AssureHire, a subsidiary of Miratech Holdings, Inc. for Pre-Employment Background Screening Services for the amount not to exceed $125,000 (All Wards p.998
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize the City Manager to Execute the Second Amendment to the Professional Services Agreement with AssureHire, a subsidiary of Miratech Holdings, Inc. for Pre-Employment Background Screening Services with an amount not to exceed $125,000.

14. Approving Amendment No. 4 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019) (Wards 5,6) p.1053 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution 2026-053:

1. Authorizing the City Manager to execute Amendment No. 4 to Cooperative Agreement No. 19-1002205 with the San Bernardino County Transportation Authority (SBCTA) for the Interstate 215/University Parkway Interchange Project (SS04-019); and

2. Authorizing the Director of Finance and Management Services to amend the Interstate 215/University Parkway Interchange Project budget in the amount of $82,981 through the Measure I (129) Fund Balance.

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

15. Award of Construction Agreement to Voltaire Engineering Inc. for Orange Street Storm Drain Channel Replacement Project - in the amount of $140,750.00 and Contingency of $21,000.00 for a Total Amount of $161,150.00 (Ward 4) p.1085
Recommendation:

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

1. Approve the award of a Construction Agreement with Voltaire Engineering Inc., in the amount of $140,750.00 for Orange Street Storm Drain Channel Replacement (Project); and

2. Authorize the construction contingencies, construction management, and administrative costs in the total amount of $21,000.00 for the Project, bringing the total Project budget to $161,750.00; and

3. Adopt Resolution 2026-054 authorizing the Director of Finance and Management Services to amend the FY 2025/26 Capital Improvement Plan budget with new allocation $161,750.00 from the Storm Drain Construction Fund for the project; and

4. Authorize the City Manager or designee to execute all documents with Voltaire Engineering Inc.; and

5. Authorize the City Manager or designee to expend the contingency fund, if necessary, to complete the Project.

16. Approval of Fee Waiver and Reimbursement of Administration Overhead Fee for the National Orange Show Citrus Fair Event (All Wards) p.1133 Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-056, authorizing the City Manager to waive the administration overhead fee assessed on Police Department invoices for the National Orange Show Citrus Fair event, and to reimburse any such fees paid for the 2025 and 2026 events.

17. Request to Amend the FY 2025/26 Operating Budget in Revenues and Expenditures by $729,283 to Appropriate Forfeited Construction and Demolition (C&D) Waste Diversion Deposits from the Special Deposit Fund (All Wards) p.1178
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California Adopt Resolution No. 2026-055 approving an amendment to the FY 2025/26 operating budget in revenues and expenditures by $729,283 to appropriate forfeited Construction and Demolition (C&D) waste diversion deposits from the special deposit fund, and authorizing the Director of Finance and Management Services to make the necessary accounting entries.

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

DISCUSSION

18. Presentation by PlaceWorks on the General Plan Update (All Wards) Recommendation: p.1207
It is recommended that the City Council of the City of San Bernardino receive and file the oral report.

MAYOR & CITY COUNCIL UPDATES/REPORTS ON CONFERENCES & MEETINGS

ADJOURNMENT
The next joint regular meeting of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency will be held on June 03, 2026 at the Feldheym Central Library located at 555 West 6th Street, San Bernardino, California 92410.

Closed Session will begin at 4:00 p.m. and Open Session will begin at 5:00 p.m.

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

CERTIFICATION OF POSTING AGENDA
I, Telicia Lopez, CMC, City Clerk for the City of San Bernardino, California, hereby certify that the agenda for the May 20, 2026, Regular Meeting of the Mayor and City Council and the Mayor and City Council acting as the Successor Agency to the Redevelopment Agency was posted on the City's bulletin board located at 201 North "E" Street, San Bernardino, California, 92401 at the Norman F. Feldheym Central Library located at 555 West 6th Street, San Bernardino, California, 92410 and on the City's website sbcity.org on Friday, May 15, 2026.

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

Telicia Lopez, CMC, City Clerk
Mayor and City Council of the City of San Bernardino Page 9 NOTICE:

Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter on the agenda, which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body during the period reserved for public comments.

In accordance with Resolution No. 2018-89 adopted by the Mayor and City Council on March 21, 2018, the following are the rules set forth for Public Comments and Testimony:

Public Comments and Testimony:

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

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

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

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

Rule 5. Time Limits:

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

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

Mayor and City Council of the City of San Bernardino Page 10 Any member of the public desiring to speak to the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may address the body at the end of the meeting, during the period reserved for public comments.

Said total period for public comments shall not exceed 60 minutes, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. A three-minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public.

Speakers who wish to present documents to the governing body may hand the documents to the City Clerk at the time the request to speak is made. (Must provide a minimum of 15 copies) The Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency. However, no other action shall be taken nor discussion held by the Mayor and City Council and the Mayor and City Council Acting as the Successor Agency to the Redevelopment Agency on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code.

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

Mayor and City Council of the City of San Bernardino Page 11 ALTERNATE MEETING VIEWING METHOD:

If there are any technicalissues withthelivestream orrecordingfrom the main agendaportalor if you requirean optionwith ClosedCaptioning,you may view themeetingfrom thefollowinglocation (TV3). https://reflectsanbernardino.cablecast.tv/CablecastPublicSite/watch/1?channel=6

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

Written comments can be emailed to [email protected]. Written public comments received up to one hour and thirty minutes before the posted start time of the meeting, on the meeting day will be provided to the Mayor and City council and made part of the meeting record. Written public comments will not be read aloud by city staff. Written correspondence can be accessed by the public online at tinyurl.com/agendabackup .

Attend the meeting in person and fill out a speaker slip. Please note that the meeting Chair decides the cutoff time for public comment, and the time may vary per meeting. If you wish to submit your speaker slip in advance of the meeting, please submit your request to speak using the form on the following page: tinyurl.com/mccpubliccomments. Any requests to speak submitted electronically less than one hour and thirty minutes before the posted start time will not be accepted.

Please note: messages submitted via email and this page are only monitored from the publication of the final agenda until the deadline to submit public comments. Please contact the City Clerk at 909-998-2680 or [email protected] for assistance outside of this timeframe. Written correspondence submitted after the deadline will be provided to the Mayor and City Council at the following regular meeting.

MEETING TIME
NOTE: Pursuant to ResolutionNo.2024-029,adoptedby theMayorand City Council on February21, 2024:
“Section 3. All meetings are scheduled to terminate at 10:00P.M. on the same day it began.At 9:00 P.M.,the Mayorand City Council shall determine which of the remaining agenda items can be considered and acted upon prior to 10:00P.M.and will continue all other items on which additional time is required until a future Mayor and City Council meeting. Amajority vote of the Council is required to extend a meeting beyond 10:00P.M.to discuss specified items.” Mayor and City Council of the City of San Bernardino Page 12 This Page Intentionally Left Blank

CLOSED SESSION
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Sonia Carvalho, City Attorney
Department: City Attorney
Subject: CLOSED SESSION
Recommendation:

A) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2):
i.) Notice of Claim, Mandeville Modular, Inc., dated March 17, 2026, Claim No.

GHC0095108
ii.) Notice of Claim, Jose Loera, dated February 3, 2026, Claim No. GHC0093814 iii.) Notice of Claim, Darren Goodman, dated February 10, 2026, Claim No.

GHC00993811
B) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation – Initiation of Litigation (Pursuant to Government Code Section 54956.9(d)(4): (2) items C) CONFERENCE WITH LEGAL COUNSEL - Anticipated Litigation - Significant Exposure to Litigation (Pursuant to Government Code Section 54956.9(d)(2): 1 Case D) PUBLIC EMPLOYEE PERFORMANCE EVALUATION PROCESS (Pursuant to Government Code Section 54957) (Criteria, Timing, Goal Setting, and Other Preliminary Matters)
Titles: City Manager, City Clerk, City Attorney
Packet Page. 13

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: California Department of Insurance Legislative Update (All Wards)
Packet Page. 14

WILDFIRE RECOVERY

LEGISLATIVE UPDATES

CALIFORNIA DEPARTMENT OF INSURANCE

CALIFORNIA DEPARTMENT OF INSRANCE
Judith Piña
Outreach Specialist
Community Relations & Outreach Branch
Packet Page. 15

INSURANCE MARKET CONTEXT

CALIFORNIA DEPARTMENT OF INSURANCE
• Growing intensity and severity of
climate events
• Historic inflation
• Rising cost of reinsurance
• Fewer insurance options
• Accelerated growth of the FAIR
plan
Packet Page. 16

SAFER FROM

WILDFIRES
(2022)
Expands coverage
options through use
of catastrophe
modeling for
improved wildfire risk
analysis, factoring in
mitigation at
property and
community to ensure
market stability.

SUSTAINABLE

INSURANCE

STRATEGY
(2023-2024)

CALIFORNIA DEPARTMENT OF INSURANCE
Mandates premium
discounts for
homeowners
implementing
wildfire safety
actions – savings
between 4% and
40% of premium
depending on level
of risk.

STRENGTHEN

CALIFORNIA

HOMES GRANT

PROGRAM
(in process)
Creating grants for
low-income
homeowners in high
fire hazard severity
zones to fund Zone 0
and Class A roofing –
based on successful
programs in U.S.

Southeast.

BUILDING ON WILDFIRE SAFETY
Packet Page. 17

INTERLOCKING LEGISLATIVE

STRATEGY FOR IMPROVING

POST-DISASTER RECOVERY

CALIFORNIA DEPARTMENT OF INSURANCE
Smoke damage
restoration
standards
FAIR Plan
reform and
accountability
Coverage gaps
and policy
clarity
Packet Page. 18
SMOKE
DAMAGE

RECOVERY
ACT

CALIFORNIA DEPARTMENT OF INSURANCE
What it will do:

Establish public health
requirements for the testing and
restoration of smoke damage to
standing homes while creating
insurance training and certification
standards to address decades-old
AB1795 introduced Febrary 11, 2026 by outdated claims practices . Assemblymember Mike Gipson Packet Page. 19
SMOKE
DAMAGE

RECOVERY
ACT

CALIFORNIA DEPARTMENT OF INSURANCE
• Immediate help for survivors if a public
health agency issues standards for smoke
testing and restoration while statewide
standards are being finalized.
• Establishing science based, health
driven standards for inspection, testing, and
restoration of standing smoke damaged homes.
• Creating uniform claims handling
practices and required restoration protocols. AB1795 introduced February 11, 2026 by Assemblymember Mike Gipson
Packet Page. 20

DISASTER

RECOVERY

REFORM ACT
SB876 introduced January 6, 2026 by Senator
Steve Padilla

CALIFORNIA DEPARTMENT OF INSURANCE
What it does:

Speeds up disaster recovery for
homeowners and renters through
improved insurance coverage and
expanded consumer protections –
responding to wildfire survivors’
call for swifter claims payments
and an end to delays and
runarounds by insurance
companies.

Packet Page. 21

DISASTER

RECOVERY

REFORM ACT
SB876 introduced January 6, 2026 by Senator
Steve Padilla
• Requires Insurer to have a “Disaster Recovery
Plan” for claims handling and meeting timelines.
• Doubles penalties on unfair claims practices.
• Mandates insurers to pay direct restitution to
policyholders when they violate the law.
• Requires 5-day status update every time a new
adjuster is assigned.
• Expands Additional Living Expenses by 100% of
policy limits.
• Expands up-front payments, payable with interest
if late.

CALIFORNIA DEPARTMENT OF INSURANCE
Packet Page. 22

DISASTER

RECOVERY

REFORM ACT
• Mandatory Replacement Cost Options
that require updated replacement cost
estimates on new and renewal policies.
• Safer Rebuilding Standards that apply
mandatory building code upgrade
coverage at the time of rebuilding, so
homes meet current codes after a loss.

CALIFORNIA DEPARTMENT OF INSURANCE
SB876 introduced January 6, 2026 by Senator
Steve Padilla
Packet Page. 23

MAKE IT

FAIR ACT
AB1680 introduced February 2, 2026 by
Assemblymember Lisa Calderon
What it does:

Overhauls the FAIR Plan by
strengthening claims handling,
expanding coverage options, and
improving transparency for wildfire
survivors — with a strategic plan
to return people to the regular
market.

CALIFORNIA DEPARTMENT OF INSURANCE
Packet Page. 24

MAKE IT

FAIR ACT
AB1680 introduced February 2, 2026 by
Assemblymember Lisa Calderon
• Returning people to regular insurance market by
requiring a plan and education.
• Imposes fees for fair claims violations with due
process via hearings and appeals.
• Comprehensive coverage options with a more
comprehensive homeowners' policy, reducing the
need for separate policies for basics like liability
and water damage.
• Mandates compliance with Insurance
Commissioner recommendations from exams
and operational reports, within set timelines.

CALIFORNIA DEPARTMENT OF INSURANCE
Packet Page. 25

CALL TO
ACTION

SUPPORT LEGISLATION
to strengthen insurance
protections for Californians .

CALIFORNIA DEPARTMENT OF INSURANCE
https://bit.ly/CDILegAction
Packet Page. 26

CLCA PROGRAM OVERVIEW
*Can’t have bad driving record for past 3 years
insurance.ca.gov CA Department of Insurance 800-927-4357 Valid CDL/
AB60 for Undocumented
Drivers
Vehicle Value
$25,000 or Less
Meet Income
Guidelines
Be at least 16
years old
•Apply at MyLowCostAuto.com
•Take the Eligibility Questionnaire
•Application process is 100% online
•Chat is available M-F 8am – 4pm
•Website and Chat are available in
English and Spanish
•Call 866-602-8861
Packet Page. 27

CONSUMER
ALERTS

CALIFORNIA DEPARTMENT OF INSURANCE

STAY INFORMED
SIGN UP!

NEW REGULATIONS,

CONSUMER SAFETY

EDUCATION,

FRAUD PREVENTION,

UNFAIR AND DECEPTIVE

BUSINESS PRACTICES,

INSURANCE ISSUES
Packet Page. 28

STATEWIDE

EDUCATION
SERIES
JOIN US : Please share with
your constituents.
qrco.de/CDI2026

CALIFORNIA DEPARTMENT OF INSURANCE
Residential
Insurance
October 21
Health
Insurance
August 19
Business
Insurance
June 17
Life, Annuities &
Seniors
April 22
Auto
Insurance
February 18

TOPICS & DATES
Packet Page. 29

CONTACT
THE

DEPARTMENT
OF

INSURANCE

CALIFORNIA DEPARTMENT OF INSURANCE
800-927-4357
insurance.ca.gov
FB @insurancecagov IG @cadeptofinsurance
[email protected] X @CDInews
THANK YOU!
Packet Page. 30

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for Asian American Pacific Islander Heritage Month in the City of San Bernardino – May
2026 (All Wards)

Packet Page. 31

PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
PROCLAIMING MAY 2026, AS

ASIAN AMERICAN AND PACIFIC ISLANDER HERITAGE MONTH

IN THE CITY OF SAN BERNARDINO
WHEREAS, Asian American and Pacific Islander Heritage Month is a time to recognize and celebrate the rich histories, cultures, traditions, and contributions of Asian Americans and Pacific Islanders who have helped shape the social, economic, cultural, and civic fabric of our nation and our community; and
WHEREAS, the Asian American and Pacific Islander community has made lasting contributions in the fields of education, business, public service, healthcare, science, arts, and community leadership, enriching the diversity and strength of the City of San Bernardino; and
WHEREAS, the City of San Bernardino proudly celebrates its annual Lunar New Year Festival with the generous support and participation of AAPI residents, community leaders, and business owners whose contributions help foster cultural understanding, unity, and community pride; and
WHEREAS, the City recognizes the importance of preserving language and cultural heritage, and commends Belvedere Elementary School’s Trilingual Program for providing students the opportunity to learn Vietnamese alongside English and Spanish, promoting multilingual education and cultural appreciation among future generations; and WHEREAS, programs, events, and partnerships that celebrate cultural diversity help strengthen our community by promoting inclusion, respect, and opportunity for all residents;
NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim the month of May 2026 as Asian American and Pacific Islander Heritage Month in the City of San Bernardino, and encourage all residents to celebrate the heritage, achievements, and ongoing contributions of Asian American and Pacific Islander communities throughout our city.

Presented on this 20th day of May 2026
Packet Page. 32

PRESENTATIONS
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Helen Tran, Mayor
Department: Mayor's Office
Subject: Proclamation for National Public Works Week in the City of San Bernardino – May 17 – 23, 2026 (All Wards)

Packet Page. 33

PROCLAMATION OF THE

MAYOR AND CITY COUNCIL
PROCLAIMING MAY 17 – 23, 2026, AS

NATIONAL PUBLIC WORKS WEEK

IN THE CITY OF SAN BERNARDINO
WHEREAS, National Public Works Week will be observed May 17–23, 2026, with the theme “Rooted in Service, Powered by Community,” recognizing the vital role public works professionals play in building and maintaining strong, resilient, and connected communities; and
WHEREAS, public works professionals provide essential services that protect the health, safety, and quality of life of residents throughout the City of San Bernardino; and WHEREAS, the dedicated employees of the City of San Bernardino Public Works Department work tirelessly to maintain and improve the City’s streets, infrastructure, traffic systems, public facilities, parks, and public spaces that residents and businesses rely upon every day; and
WHEREAS, over the past year, the City’s Public Works Department successfully completed major street repair and resurfacing projects across 74 roadway segments throughout San Bernardino, improving safety and roadway conditions for residents while completing the project ahead of schedule; and
WHEREAS, the City of San Bernardino was once again recognized as a Tree City USA community, reflecting the City’s ongoing commitment to urban forestry, environmental stewardship, beautification, and enhancing the quality of life for residents through the preservation and maintenance of its urban tree canopy; and WHEREAS, the Public Works Department continues to advance infrastructure improvements through roadway safety enhancements, traffic improvements, beautification efforts, and neighborhood revitalization projects that strengthen the community and improve quality of life for residents citywide; NOW THEREFORE, BE IT PROCLAIMED THAT, the Mayor & City Council of the City of San Bernardino, do hereby proclaim May 17 through May 23, 2026, as National Public Works Week in the City of San Bernardino and encourage all residents to recognize and celebrate the important contributions made by public works professionals who help build, maintain, and strengthen our community every day.

Presented on this 20th day of May 2026
Packet Page. 34

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Resolution Approving Street Vacation (15.30-444 of a Portion of Victoria Ave also known as San Manuel Blvd,
and Reservation of Utilities Therein (Ward 4)
Recommendation:

City Manager's Comments
The City Manager recommends approval of the Resolution approving the vacation of a portion of Victoria Ave.

Executive Summary
The recommended action is the final step required to complete the street vacation process for a portion of Victoria Ave also known as San Manuel Blvd. The proposed street vacation will terminate this portion of public right of way and transfer ownership to the underlying property owner.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street Packet Page. 35
vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of Victoria Ave also known as San Manuel Blvd was received on September 10, 2025, from Yuhaaviatam of San Manuel Nation, owners of a property located north of E Lynwood Dr (APN: 0285-222-01-0000, -02, -03, -04). The stated reason for the petition to vacate this portion of the street is due to Yaamava Resort and Casino has significantly improved and currently provides 100% of the maintenance to the section of Victoria Ave north of the signal at E Lynwood Dr. Victoria Ave is not a through street and the only destination north of E Lynwood is Yaamava Resort and Casino.

On December 3, 2025, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street.

On December 4, 2025, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has received requests to reserve existing utility easements for The SoCal Gas Company and the East Valley Water District.

On February 10, 2026, the Planning Commission adopted Resolution No. 2026-005- PC, finding the proposed street vacation of a portion of Victoria Avee also known as San Manuel Blvd, consistent with the City‘s General Plan.

On March 18, 2026, the Mayor and City Council authorized staff to proceed with the public hearing and set the date and time for May 20, 2026, at 5:00PM and will be held in the Bing Wong Auditorium of the Norman F. Feldheym Public Library located at 555 West 6th Street, San Bernardino, California.

On March 25, 2026, notices were sent out to area stakeholders and residents within 1000’ of the property informing them of the proposed street vacation.

Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-444, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation.

The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-444 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.

Packet Page. 36
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-045, approving the vacation of a portion of Victoria Ave also known as San Manuel Blvd, north of E Lynwood Drive, and reservation of utilities therein.

Attachments
Attachment 1 - Resolution No. 2026-045
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
Attachment 6 – Proof of Publication
Ward:

Fourth Ward
Synopsis of Previous Council Actions:

December 3, 2025: The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of Victoria Ave also known as San Manuel Blvd, and reservation of utilities therein.

March 18, 2026: The Mayor and City Council adopted Resolution No. 2026-025 declaring its intent to conduct a public hearing to order the vacation of a portion of Victoria Ave also known as San Manuel Blvd, and reservation of utilities therein, and set the date and time of the public hearing for May 20, 2026, at 5:00PM.

CC: Eric Levitt, City Manager

Packet Page. 37
Resolution No. 2026-045
Resolution No. 2026-045
May 20, 2026

Page 1 of 5 ends

RESOLUTION NO. 2026-045

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE VACATION OF A PORTION OF

VICTORIA AVE ALSO KNOWN AS SAN MANUEL BLVD,
AND THE RESERVATION OF UTILITIES THEREIN.

WHEREAS, the Economic Development Department previously received a petition to vacate a portion of Victoria Ave also known as San Manuel Blvd, north of E Lynwood Dr; and WHEREAS, on December 3, 2025, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on December 4, 2025, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, informing them of the proposed street vacation; and
WHEREAS, San Manuel Boulevard, including the vacated street, provides critical ingress and egress to and from the San Manuel Reservation of the Yuhaaviatam of San Manuel Nation’s (“Nation”), allowing citizens, visitors and emergency service providers access the Reservation; and
WHEREAS, the City hereby reserves and excepts from such vacation a perpetual easement over, across, and upon the vacated area for emergency ingress and egress purposes, including but not limited to access by police, fire, emergency medical services, and other public safety or utility vehicles as determined necessary by the City; and WHEREAS, maintaining traffic flow on Victoria Ave also known as San Manuel Boulevard, including the vacated street, is essential for public safety, including timely emergency response and evacuation and the orderly movement of vehicular traffic entering and exiting the San Manuel Reservation; and
WHEREAS, the vacation of the public street is made subject to a reservation of a nonexclusive easement over, under, and across the vacated area (the “Easement Area”) in favor of East Valley Water District (EVWD), its successors and assigns, for the sole purpose of constructing, installing, operating, inspecting, maintaining, repairing, replacing, and removing the existing water and sewer gas pipelines and all necessary appurtenances subject to the following:

1. EVWD shall conduct activities within the Easement Area in a manner that (a) reduces to the fullest extent possible the impact to the ingress and egress to and from the San Manuel Reservation and access to the Yaamava’ Resort and Casino facilities, including the parking garages, (b) protects public safety, (c) minimizes congestion, and (d) supports the uninterrupted flow of vehicular traffic to, from, and within the San Manuel Reservation;
Packet Page. 38
Resolution No. 2026-045
Resolution No. 2026-045
May 20, 2026

Page 2 of 5 ends

2. EVWD shall provide 30-day notice to the Nation prior to conducting any activities in the Easement Area with the exception of a public safety emergency where EVWD shall provide advance notice as soon as reasonably feasible;

3. EVWD shall consult with the Nation prior to conducting any planned activities in the Easement Area and agree upon a traffic control plan and the date, time and manner to conduct the activities; and

4. Within 60 days of the approval of the vacation of the street, EVWD shall enter into an agreement with the Nation that includes the provisions above and sets forth the terms and conditions governing EVWD’s use of the Easement Area. If such agreement takes the form of a recorded easement, such easement shall replace this reservation of rights upon recordation; and
WHEREAS, the vacation of the public street is made subject to a reservation of a nonexclusive easement over, under, and across the vacated area (the “Easement Area”) in favor of SoCal Gas Company, its successors and assigns, for the sole purpose of constructing, installing, operating, inspecting, maintaining, repairing, replacing, and removing the existing gas pipelines and all necessary appurtenances subject to the following:

1. SoCal Gas Company shall conduct activities within the Easement Area in a manner that, to the extent reasonably possible, (a) reduces the impact to the ingress and egress to and from the San Manuel Reservation and access to the Yaamava’ Resort and Casino facilities, including the parking garages, (b) protects public safety, (c) minimizes congestion, and (d) supports the uninterrupted flow of vehicular traffic to, from, and within the San Manuel Reservation;

2. SoCal Gas Company shall provide 30-day notice to the Nation prior to conducting any activities in the Easement Area with the exception of a public safety emergency where SoCal Gas Company shall provide advance notice as soon as reasonably feasible;

3. SoCal Gas Company shall consult with the Nation prior to conducting any activities in the Easement Area (with the exception of a public safety emergency) and agree upon a traffic control plan and the date, time and manner to conduct the activities; and

4. Within 60 days of the approval of the vacation of the street, SoCal Gas Company shall endeavor to enter into a mutually acceptable agreement with the Nation that includes the provisions above and sets forth the terms and conditions governing SoCal Gas Company’s use of the Easement Area. If such agreement takes the form of a recorded easement, such easement shall replace this reservation of rights upon recordation; and
Packet Page. 39
Resolution No. 2026-045
Resolution No. 2026-045
May 20, 2026

Page 3 of 5 ends

WHEREAS, on February 10, 2026, the Planning Commission adopted Resolution No. 2026-005-PC finding the proposed street vacation of a portion of Victoria Ave also known as San Manuel Blvd, consistent with the City’s General Plan and finding that the project is Categorically Exempt under California Environmental Act; and
WHEREAS, on March 18, 2026, the Mayor and City Council adopted Resolution No. 2026-025 declaring its intention to conduct a public hearing on May 20, 2026, to order the street vacation; and
WHEREAS, on March 23, 2026, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and
WHEREAS, on May 20, 2026, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion of Victoria Ave also known as San Manuel Blvd, and the reservation of utilities therein.

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 Mayor and City Council of San Bernardino, California, in vacating a portion of Victoria Ave also known as San Manuel Blvd, elects to proceed in accordance with the provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California.

SECTION 3. The Mayor and City Council of said City do hereby vacate that of a portion of Victoria Ave also known as San Manuel Blvd, as described on each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.

SECTION 4. Approval of this Resolution shall not affect or disturb any other existing easements for public utility purposes belonging either to the City of San Bernardino or public entity that existed prior to these vacation proceedings. Reservations of easements are made in accordance with the provisions of Division 9, Part 3, Chapter 5, Article 1 of the Streets and Highways Code of the State of California, with reservations of the easement as requested from Public Utility Company or other public entity.

SECTION 5. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

Packet Page. 40
Resolution No. 2026-045
Resolution No. 2026-045
May 20, 2026

Page 4 of 5 ends

SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of May 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
Packet Page. 41
Resolution No. 2026-045
Resolution No. 2026-045
May 20, 2026

Page 5 of 5 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. 2026-045, adopted at a regular meeting held on the 20th day of May 2026 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 ____________ 2026.

Telicia Lopez, CMC, City Clerk
Packet Page. 42
EXHIBIT “A”

SAN MANUEL BLVD

LEGAL DESCRIPTION

VACATION

Page 1 of 2 ends

THAT PORTION OF SAN MANUEL BLVD (FORMERLY KNOWN AS VICTORIA AVENUE) LYING WITHIN SECTIONS 29 AND 30, TOWNSHIP 1 NORTH, RANGE 3 WEST, SAN BERNARDINO MERIDIAN, IN THE

COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON MAP OF WEST HIGHLANDS FIELD IN BOOK 5, PAGE 77 AND TRACT NO. 10500, FILED IN BOOK 155, PAGES 8 THROUGH 10, INCLUSIVE, OF MAPS AND RECORD OF SURVEY 21-00014, ALL IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS SHOWN ON THE MAP FILED IN BOOK 170, PAGES 65 THROUGH 67, INCLUSIVE, OF MAPS BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, DESCRIBED AS FOLLOWS:

POINT OF BEGINNING AT THE NORTHWEST CORNER OF LOT 1 OF SAID TRACT NO. 10500; THENCE ALONG THE WESTERLY LINE OF SAID LOT 1 FOLLOWING TWO (2) COURSES:
1) SOUTH 00°01’54” WEST 100.78 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 20.00 FEET AND,
2) SOUTHERLY 5.71 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 16°20’46”, THENCE LEAVING SAID WESTERLY LINE SOUTH 03°45’23” EAST 30.18 FEET; THENCE SOUTH 07°45’49” EAST 39.75 FEET;
THENCE SOUTH 09°37’42” EAST 12.62 FEET;
THENCE SOUTH 02°58’23” EAST 23.75 FEET;
THENCE SOUTH 00°48’04” EAST 13.52 FEET;
THENCE SOUTH 00°00’22” EAST 17.95 FEET TO THE BEGINNING OF A NON-TANGENT CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 20.00 FEET, A RADIAL LINE OF SAID CURVE TO SAID POINT BEARS SOUTH 74°04'11" EAST, SAID CURVE ALSO BEING THE NORTHWESTERLY LINE OF LOT 30 OF SAID TRACT NO. 10500;
THENCE SOUTHERLY 5.55 FEET ALONG SAID CURVE AND SAID NORTHWESTERLY LINE THROUGH A CENTRAL ANGLE OF 15°53'55";
THENCE LEAVING SAID NORTHWESTERLY LINE ALONG THE WESTERLY LINE OF LOTS 30, 29, 28 AND 27 OF SAID TRACT NO. 10500, SOUTH 00°01’54” WEST 307.74 FEET TO THE EASTERLY PROLONGATION OF THE NORTHERLY LINE OF LYNWOOD DRIVE BEING 41.25 FEET WIDE; THENCE ALONG SAID PROLONGATION SOUTH 89°32’27” WEST 44.00 FEET TO THE EASTERLY LINE OF SAID SECTION 30;
THENCE CONTINUING ALONG SAID PROLONGATION SOUTH 89°32’27” WEST 41.25 FEET TO A LINE BEING PARALLEL WITH AND 41.25 FEET WESTERLY OF EASTERLY LINE OF SAID SECTION 30 ALSO BEING CENTERLINE OF SAN MANUEL BLVD (FORMERLY KNOWN AS VICTORIA AVENUE); THENCE ALONG SAID PARALLEL LINE NORTH 00°01’54” EAST 557.55 FEET TO THE WESTERLY PROLONGATION OF THE NORTHERLY LINE OF SAID LOT 1;
THENCE ALONG LAST SAID PROLONGATION SOUTH 89°55’01” EAST 41.25 FEET TO SAID EASTERLY LINE OF SECTION 30;
THENCE CONTINUING ALONG LAST SAID PROLONGATION SOUTH 89°55’01” EAST 33.00 FEET POINT OF BEGINNING.

CONTAINING 1.052 ACRES, MORE OR LESS.

Packet Page. 43
EXHIBIT “A”

SAN MANUEL BLVD

LEGAL DESCRIPTION

VACATION

Page 2 of 2 ends

SUBJECT TO ALL EXISTING CONDITIONS, RESERVATIONS, RESTRICTIONS, EASEMENTS, OFFERS OF DEDICATION, RIGHTS AND RIGHTS OF WAY OF RECORD IF ANY.

SEE EXHIBIT “B” ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE.

THIS LEGAL DESCRIPTION WAS PREPARED BY ME OR UNDER MY DIRECTION. 10/22/2025
JEFFREY J. LENHERR DATE
P.L.S. 9305
Packet Page. 44
SHEET 1 OF 1
NORTH
SCALE: 1" = 100'
10/22/2025

PREPARED UNDER MY DIRECTION
_________________________________
JEFFREY J. LENHERR P.L.S. 9305
DATE: ___________________________
No. 9305
P.O.B.

NW COR LOT 1
Packet Page. 45
Street Vacation #15.30-444
Victoria Ave
Packet Page. 46
Public Hearing – Proposed Street Vacation
Portion of Victoria Ave, also known as San Manuel Blvd, north of E Lynwood Dr
Presented by Kima Russell, Real Property Manager Packet Page. 47 Public Hearing – Street Vacation
• Applicant: Yuhaaviatam of San Manuel Nation
• Reason for Request: The stated reason for the petition to vacate this portion of the street is due to the Yuhaaviatam of San Manuel Nation significantly improving and currently providing 100% of the maintenance to the section of Victoria Ave (also known as San Manuel Blvd.) north of the signal at E Lynwood Dr. Victoria Ave is not a through street and the only destination north of E Lynwood is San Manuel Reservation.

Packet Page. 48
Public Hearing – Street Vacation
Proposed Vacation
of a portion of Victoria
Avenue – Plat Map
Packet Page. 49
Public Hearing – Street Vacation

AERIAL VIEW
Proposed Vacation -
Portion of Victoria
Avenue
Packet Page. 50
Public Hearing – Street Vacation
• Proposed street vacation is consistent with general plan. • Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. • Utility Companies notified – Staff has received requests from SoCal Gas and East Valley Water District to reserve existing utility easements. • Notice of this hearing was posted and published; and mailed to surrounding property owners within 1000 feet of the proposed vacation.

Packet Page. 51
Questions?
Packet Page. 52
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the ORANGE COUNTY REPORTER, a newspaper published in the English language in the City of Santa Ana, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of Orange, State of California, under date of June 2, 1922, Case No. 13,421. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 4037189
Vanessa Alvarado

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING

NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF
SAN BERNARDINO Victoria Ave
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/04/2026, 05/11/2026
05/11/2026

SAN BERNARDINO
!A000007398953! Email

NOTICE OF PUBLIC HEARING

CITY COUNCIL OF THE CITY OF

SAN BERNARDINO
NOTICE IS HEREBY GIVEN that
the City of San Bernardino Mayor
and City Council will hold a public
meeting on May 20, 2026, at 5:00 PM
in the City Council Chambers in the
Norman F. Feldheym Central
Library at 555 West 6thStreet, San
Bernardino, California. Visit the
City's agenda portal at
www.sbcity.org for additional
meeting information.

The purpose of the hearing is to
consider the following:

Intent to order the vacation (15.30-
444) of the following street,
Resolution No. 2026-___:

PORTION OF VICTORIA AVE:

A PORTION OF VICTORIA AVE

ALSO KNOWN AS SAN MANUEL

BLVD, NORTH OF E LYNWOOD

DR, AND THE RESERVATION
OF UTILITIES THEREIN.

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

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

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

Telicia Lopez, CMC, City Clerk
5/4, 5/11/26
SBS-4037189#
Packet Page. 53

PUBLIC HEARING
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Resolution Approving Street Vacation (15.30-443 of a Portion of Parley Avenue, north of W Foothill Boulevard, and Reservation of Utilities Therein (Ward 6)
Recommendation:

City Manager's Comments
The City Manager recommends approval of the vacation of a portion of Parley Avenue.

Executive Summary
The recommended action is the final step required to complete the street vacation process for a portion of Parley Avenue. The proposed street vacation will terminate this portion of public right of way and transfer ownership to the underlying property owner.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a portion of Parley Ave was received on May 1, 2025, from Country Packet Page. 54
Manor LLC, owner of a property located on the eastern side of Terrace Road and W Foothill Boulevard (APN: 0269-271-17-0000). The stated reason for the petition to vacate this portion of the street is due to the northern portion of the street was not included in the initial vacation and must be vacated to ensure consistency and accuracy.

On November 19, 2025, the Mayor and City Council authorized staff to proceed with an investigation and analysis, as required by SHC, to vacate the street. On November 20, 2025, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the City of San Bernardino Municipal Water Department, informing them of the proposed street vacation. Staff has not received requests to reserve existing utility easements.

On February 10, 2026, the Planning Commission adopted Resolution No. 2026-004- PC, finding the proposed street vacation of a portion of Parley Avenue, north of W Foothill Boulevard, consistent with the City‘s General Plan.

On March 25, 2026, notices were sent out to area stakeholders and residents within 1000’ of the property informing them of the proposed street vacation.

Discussion
Following the public hearing, staff will present, for the Mayor and City Council’s Consideration, a Resolution Ordering the Real Property Street Vacation 15-30-443, with reservation of utility easements therein, adopting a Categorical Exemption for the street vacation, and make a final order of vacation for the street as described in the Real Property Street Vacation.

The property vacation proceedings are not completed until the Resolution making the final order for Real Property Street Vacation 15.30-443 has been recorded with the San Bernardino County Recorder’s office pursuant to SHC section 8325. Pursuant to SHC section 8324, the resolution of vacation may provide that the vacation occurs only after conditions required by the legislative body have been satisfied and may instruct the clerk that the resolution of vacation is not recorded until the conditions have been satisfied.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Packet Page. 55
Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $2,040 in fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-046, approving the vacation of a portion of Parley Avenue, north of W Foothill Boulevard, and reservation of utilities therein.

Attachments
Attachment 1 - Resolution No. 2026-046
Attachment 2 - Exhibit A – Legal Description
Attachment 3 - Exhibit B – Plat Map
Attachment 4 - Aerial Map
Attachment 5 – PowerPoint Presentation
Attachment 6 – Proof of Publication
Ward:

Sixth Ward
Synopsis of Previous Council Actions:

November 19, 2025:The Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate a portion of Parley Avenue, north of W Foothill Boulevard, and reservation of utilities therein.

March 18, 2026:The Mayor and City Council adopted Resolution No. 2026-024 declaring its intent to conduct a public hearing to order the vacation of a portion of Parley Avenue, north of W Foothill Boulevard, and reservation of utilities therein, and set the date and time of the public hearing for May 20, 2026, at 5:00PM.

CC: Eric Levitt, City Manager

Packet Page. 56
Resolution No. 2026-046
RESOLUTION NO. 2026-046

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

APPROVING THE VACATION OF A PORTION

OF PARLEY AVENUE, NORTH OF WEST

FOOTHILL BOULEVARD, AND THE RESERVATION
OF UTILITIES THEREIN.

WHEREAS, the Economic Development Department previously received a petition to vacate a portion of portion of Parley Avenue, north of W Foothill Boulevard, and east of Terrace Road; and
WHEREAS, on November 19, 2025, the Mayor and City Council authorized staff to proceed with an investigation and analysis to vacate the street; and WHEREAS, on November 20, 2025, notices were sent out to City Departments, San Bernardino County Fire, utility providers, including the Water Department, informing them of the proposed street vacation; and
WHEREAS, on February 10, 2026, the Planning Commission adopted Resolution No. 2026-004-PC finding the proposed street vacation of a portion of Parley Avenue, north of W Foothill Boulevard, consistent with the City’s General Plan and finding that the project is Categorically Exempt under California Environmental Act; and WHEREAS, on March 18, 2026, the Mayor and City Council adopted Resolution No. 2026-024 declaring its intention to conduct a public hearing on May 20, 2026, to order the street vacation; and
WHEREAS, on March 25, 2026, notices were sent out to residents within 1000 feet informing them of the proposed street vacation; and
WHEREAS, on May 20, 2026, a public hearing was held where all persons interested in or objecting to the proposed vacation areas appeared before the Mayor and City Council of San Bernardino, California, and offered evidence in relation to the vacation of a portion of Parley Avenue, north of West Foothill Boulevard, and the reservation of utilities therein.

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 Mayor and City Council of San Bernardino, California, in vacating a portion of Parley Avenue, north of West Foothill Boulevard, elects to proceed in accordance with the
Resolution No. 2026-046
May 20, 2026

Page 1 of 4 ends

Packet Page. 57
Resolution No. 2026-046
Resolution No. 2026-046
May 20, 2026

Page 2 of 4 ends

provisions of the “Public Streets, Highways and Service Easements Vacation Law”, being Division 9, Part 3, of the Streets and Highways Code of the State of California.

SECTION 3. The Mayor and City Council of said City do hereby vacate that of a portion of Parley Avenue, north of W of Foothill Boulevard, as described on each of the attached legal descriptions as Exhibit “A”, and on each of the maps attached as Exhibit “B”.

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 20th day of May 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

Telicia Lopez, CMC, City Clerk
Packet Page. 58
Resolution No. 2026-046
Resolution No. 2026-046
May 20, 2026

Page 3 of 4 ends

Approved as to form:

Sonia Carvalho, City Attorney
Packet Page. 59
Resolution No. 2026-046
Resolution No. 2026-046
May 20, 2026

Page 4 of 4 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. 2026-046, adopted at a regular meeting held on the 20th day of May 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
Packet Page. 60

Page 1 of 1 ends

EXHIBIT “A”

LEGAL DESCRIPTION

STREET VACATION
THAT PORTION OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 6, TOWNSHIP 1 SOUTH, RANGE 4 WEST, SAN BERNARDINO BASE AND

MERIDIAN, IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, ACCORDING TO GOVERNMENT SURVEY.

TOGETHER WITH THE WEST 1/2 OF THAT PORTION OF PARLEY AVENUE AS WAS VACATED BY RESOLUTION NO. 8561, RECORDED IN MARCH 2, 1967 IN BOOK 6780 PAGE 605, OFFICIAL RECORDS.

EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE SAN BERNARDINO COUNTY FLOOD CONTROL DISTRICT BY QUITCLAIM DEED RECORDED MARCH 23, 1950 IN BOOK 2550, PAGE 145, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO ELIODOR C.

GONZALEZ BY DEED RECORDED JANUARY 26, 1967 IN BOOK 6763, PAGE 243, OFFICIAL RECORDS.

ALSO EXCEPTING THEREFROM ANY PORTION LYING WITHIN TERRACE ROAD AND SAN BERNARDINO AVENUE, NOW KNOWN AS FOOTHILL BOULEVARD.

MORE PARTICULARLY DESCRIBED AS FOLLOWS:

POINT OF BEGINNING AT THE MOST EASTERLY POINT OF SAID PROPERTY, THENCE S89º52’15”W 84.80 FEET ALONG SOUTHERLY LINE OF SAID PROPERTY TO THE TRUE

POINT OF BEGINNING, THENCE CONTINUING ALONG THE SAID SOUTHERLY LINE S89º52’15”W 40.00 FEET; THENCE N00º31’46”W 26.00 FEET; THENCE N78º22’43”W 40.92 FEET; THENCE S00º31’46”E 17.67 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINS 873 SQUARE FEET, MORE OR LESS
SEE EXHIBIT “B” ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.

AFFECTS: A.P.N. 0269-271-17 AND 0269-271-23
Prepared By:

GOODMAN & ASSOCIATES
_____________________________________ 7/23/2025
Douglas L. Goodman RCE 28500 Date
Packet Page. 61

EXHIBIT 'B'
A.P.N. 0269-271-17 & 23

REGSTEER D
SSO AL
E
NG
EN
EER

CALFORN
ST
IA
TA E
OF
PROF
N
CIVIL
No. 28500
Expires
3-31-

DOUGLAS
N
GOODMA
L.
62 FOOTHILL BOULEVARD 50'
R/W
PAGE 1 OF 1
1"=40'

STREET VACATION AREA
LEGEND

CITY OF SAN BERNARDINO

PARLEY AVENUE

STREET VACATION
DATE: JULY 2025 SCALE: 1"=50'
PARLEY
AVE.

P
L
N
00º314'6
W"
PL
BOOK 6780, PAGE 605 O.R.

RECORDED MARCH 2, 1967
BY RESOLUTION NO. 8561

PARLEY AVE VACATION
N89º52'15"E
A.P.N. 0269-271-17
A.P.N. 0269-271-23
A.P.N. 0269-271-17
20' 20'

40.00' S89º52'15"W
N78º22'43"W

17.67' S00º31'46"E

40.92' N78º22'43"W
N00º31'46"W

26.00'
A.P.N. 0269-272-04
A.P.N. 0269-271-21
A.P.N. 0269-272-01
CL
P.O.B.

T.P.O.B.

84.80' S89º52'15"W
Packet Page. 62
Street Vacation #15.30-443
Parley Ave
Packet Page. 63
Public Hearing – Proposed Street Vacation
Portion of Parley Avenue, north of W Foothill Boulevard Presented by Kima Russell, Real Property Manager
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Public Hearing – Street Vacation
• Applicant: Country Manor LLC
• Reason for Request: The stated reason for the petition to vacate this portion of the street is due to the northern portion of the street was not included in the initial vacation and must be vacated to ensure consistency and accuracy.

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Public Hearing – Street Vacation
Proposed Vacation
of a portion of Parley
Avenue – Plat Map
Packet Page. 66
Public Hearing – Street Vacation

AERIAL VIEW
Proposed Vacation -
Portion of Parley
Avenue
Packet Page. 67
Public Hearing – Street Vacation
• Proposed street vacation is consistent with general plan. • Planning Commission concludes proposed vacation is categorically exempt from CEQA and there is no significant impact on environment. • Utility Companies notified – Staff has not received requests to reserve existing utility easements.
• Notice of this hearing was posted and published; and mailed to surrounding property owners within 1000 feet of the proposed vacation.

Packet Page. 68
Questions?
Packet Page. 69
This space for filing stamp only
OR#:

O R A N G E C O U N T Y R E P O R T E R
~ SINCE 1921 ~
600 W. Santa Ana Blvd., Suite 205, Santa Ana, California 92701-4542 Telephone (714) 543-2027 / Fax (714) 542-6841

PROOF OF PUBLICATION
(2015.5 C.C.P.)
State of California )
County of Orange ) ss
Notice Type:

Ad Description:

Executed on: 10/10/2004
At Riverside, California
I certify (or declare) under penalty of perjury that the foregoing is true and correct.

Signature

SAN BERNARDINO COUNTY SUN
473 E CARNEGIE DR #200, SAN BERNARDINO, CA 92408
(909) 889-9666 (909) 884-2536
SB 4037184
Vanessa Alvarado

CITY OF SAN BERNARDINO/CITY CLERK - LEAD
201 N. E ST. BUILDING A
SAN BERNARDINO, CA - 92401

HRG - NOTICE OF HEARING

NOTICE OF PUBLIC HEARING CITY COUNCIL OF THE CITY OF
SAN BERNARDINO 2174 W Foothill Blvd
I am a citizen of the United States and a resident of the State of California; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer and publisher of the SAN BERNARDINO COUNTY SUN, a newspaper published in the English language in the city of SAN BERNARDINO, county of SAN BERNARDINO, and adjudged a newspaper of general circulation as defined by the laws of the State of California by the Superior Court of the County of SAN BERNARDINO, State of California, under date 06/27/1952, Case No. 73081. That the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit:
05/04/2026, 05/11/2026
05/11/2026

SAN BERNARDINO
!A000007398954! Email

NOTICE OF PUBLIC HEARING

CITY COUNCIL OF THE CITY OF

The purpose of the hearing is to
consider the following:

Intent to order the vacation (15.30-
443) of the following street,
Resolution No. 2026-___:

PORTION OF PARLEY AVE:

A PORTION OF PARLEY AVE,

NORTH OF W FOOTHILL BLVD,

AND THE RESERVATION OF
UTILITIES THEREIN.

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

The City endeavors to be in total
compliance with the Americans with
Disabilities Act. If you require
assistance or an auxiliary aid in
order to participate at the meeting,
please contact the City Clerk's Office
as far in advance of the meeting as
possible. Additional information concerning
the above matter may be obtained
from, and written comments should
be addressed to, City Clerk, City of
San Bernardino, 201 North "E" Street,
Building A, San Bernardino,
California 92401.

Telicia Lopez, CMC, City Clerk
5/4, 5/11/26
SBS-4037184#
Packet Page. 70

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Adoption of Ordinance MC-1665 Amending Chapter 8.60 (Fireworks) and Chapter 8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add Social Host
Regulations and Cost Recovery Provisions to the City’s
Fireworks Laws (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1665, amending Chapter 8.60 (Fireworks) and Chapter 8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add social host regulations and cost recovery provisions to the City’s fireworks laws.

City Manager's Comments
The City Manager recommends adoption of Ordinance No. MC-1665.

Executive Summary
Adoption of Ordinance MC-1665 will add social host regulations to the City’s fireworks laws, allowing law enforcement to hold property owners, renters, and other persons or legal entities in control of property responsible when illegal fireworks are possessed, stored, or discharged on or near the property. The ordinance also includes additional provisions that, (1) establishes adult responsibility for the unlawful use of fireworks by minors, (2) makes it unlawful for spectators to be knowingly present when illegal fireworks are being used, and (3) provides the City with additional cost-recovery tools when responding to fireworks-related violations.

To notify residents and rental property owners of the new regulations, the City will include an informational insert in the next water bill issued by the San Bernardino Municipal Water Department and will directly mail a separate notice to all rental property owners who hold a current business license with the City. In addition to these mailers, the City will utilize social media, update the City’s website, and issue a formal Packet Page. 71
press release to further distribute the information.

Background
The City currently regulates the sale, storage, and discharge of “safe and sane” fireworks under Chapter 8.60 of the San Bernardino Municipal Code (SBMC) and prohibits the use of all “dangerous” fireworks under Chapter 8.61. Any person, organization, group, or association that violates any provision of these chapters is guilty of a misdemeanor and is also subject to an administrative civil penalty ranging from $1,000 to $10,000, depending on the nature of the violation. Despite these regulations and penalties, the use of illegal fireworks continues to be a problem in the City.

On September 17, 2025, the Mayor and City Council directed staff to bring back a discussion on fireworks within 60 days. The discussion was to include options for a one-year moratorium on the sale and use of “safe and sane” fireworks, imposing additional restrictions on permitting, and/or exploring potential increases in fines and enforcement.

Following the Council’s direction from the September meeting, a discussion item on fireworks was presented to the Mayor and City Council on December 3, 2025. As part of that discussion, staff introduced the concept of a social host ordinance as an additional tool to help deter illegal fireworks activity in the City. This regulation would hold property owners responsible for the discharge of illegal fireworks on their property and could operate in conjunction with a drone-based enforcement program. Following the presentation, the Mayor and City Council directed staff to bring back a social host ordinance for fireworks.

On May 6, 2026, the Mayor and City Council approved the first reading of Ordinance MC-1665, amending Chapters 8.60 and 8.61 of the SBMC to incorporate social host regulations and cost-recovery provisions into the City’s fireworks laws. As part of their approval, the Mayor and City Council directed staff to return with an update regarding the City’s outreach plan to notify residents, landlords, and rental property owners of the new social host regulations.

Discussion
Ordinance MC-1665 strengthens the City’s fireworks enforcement regulations by establishing social host liability within the City’s existing fireworks laws. The ordinance authorizes law enforcement to hold property owners, renters, and other persons or legal entities in control of property responsible when illegal fireworks are possessed, stored, or discharged on or near the property. The ordinance applies the principle of strict liability, meaning a person or legal entity may be held liable for unlawful fireworks activity occurring on or near their property regardless of whether they directly participated in the violation.

In addition to establishing social host liability, Ordinance MC-1665 includes several provisions intended to further strengthen the City’s enforcement efforts. These provisions include establishing strict liability for adults when minors under their care Packet Page. 72
unlawfully use fireworks, making it unlawful for individuals to be knowingly present during illegal fireworks activity and authorizing the City to recover the full response costs associated with a fireworks violation.

Outreach Plan
To notify residents and rental-property owners of the new social host liability regulations, the City will issue a formal press release following the adoption of the ordinance and will utilize a combination of social media posts, website updates, and mailers to further distribute the information. For the mailers, the City will include an informational insert in the water bills that are mailed to residents by the San Bernardino Municipal Water Department (Attachment 4). The insert will be printed on one-third sheet paper and double-sided, with English on one side and Spanish on the reverse.

The City will also mail separate notices to all existing rental property owners within the City who hold a business license. The combined estimated cost of both mailers is $13,000, and sufficient funding is available within the City Manager’s Office’s budget for Fiscal Year (FY) 2025–26 to absorb these costs.

Ordinance MC-1665 Regulatory Framework
To implement social host regulations to the City’s existing fireworks laws, Ordinance MC-1665 adds a new “Social Host, Minor, and Spectator Liability” section to Chapters

8.60 and 8.61 of the SBMC. This ensures the provisions apply to both: (1) violations of the City’s “safe and sane” fireworks regulations; and (2) any possession or use of “dangerous” fireworks, which are strictly prohibited within the City. The ordinance also updates existing penalty provisions to incorporate social host liability, cost recovery, cumulative penalties, and separate violations for each unlawful discharge of fireworks.

The sections below summarize the key components of the ordinance and were previously outlined in the May 6, 2026, staff report.

Definition of Social Host
The ordinance’s definition of “social host” is designed to apply to any person or legal entity under the following categories:

1. Any owner of private property as listed on the most recent assessment roll; and/or

2. Any person who has the right to use, possess or occupy a public or private property under a lease, permit, license, rental agreement, or contract; and/or

3. Any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property.

Social Host Liability
The ordinance establishes that it is the absolute duty of any social host to take all reasonable steps to prevent the discharge of illegal fireworks on or near their property.

If a social host fails to do so, they will be deemed to be in violation of the ordinance.

Specifically, a social host will be found strictly liable for allowing the illegal use of fireworks to occur on:

Packet Page. 73

1. The social host’s property.

2. A public sidewalk that is adjacent to the social host’s property.

3. A street that is adjacent to the social host’s property.

Social Host Exemptions and Exclusions
The ordinance includes exemptions for individuals authorized to possess and/or use fireworks that would otherwise be prohibited. In addition, it recognizes good-faith efforts by social hosts who take reasonable steps to prevent violations. The exemptions outlined in the ordinance are summarized as follows:

1. Activities conducted by pyrotechnic operators who are licensed by the State Fire Marshal.

2. Conduct that is permitted under Federal or State law.

3. Social hosts who proactively contact law enforcement or fire officials to report violations taking place on their property.

4. Tenants in multifamily residential properties where violations occur in the common areas of the property, unless they are determined to be the responsible person for the violation.

Additionally, various entities are excluded from being defined as a social host. These exclusions include:

1. Government Entities

2. School Districts

3. Political Subdivisions of California
Minors
To address the illegal use of fireworks by minors, the proposed ordinance establishes strict liability for any adult who has the care, custody, or control of a minor who violates the City’s fireworks laws. Additionally, the adult does not need to be present when that minor violates the City’s fireworks laws in order to be held strictly liable for those violations.

Spectators
The proposed ordinance makes it unlawful for any person to be knowingly present as a spectator when illegal fireworks are being used. Specifically, any person within 200 feet of the discharge of illegal fireworks who is there to view, observe, or watch the event will be in violation of the City’s fireworks laws. This does not apply to members of the public that report the incident to law enforcement or those who immediately leave the area when the violations begin to occur.

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Criminal and Civil Penalties
The SBMC already provides both criminal and civil penalties for those who illegally sell, possess, store, or discharge fireworks in the City. Depending on the nature of the violation, any person, organization, group, or association that violates these laws is guilty of either an infraction or a misdemeanor and are also subject to an administrative civil penalty ranging from one thousand dollars ($1,000) to ten thousand dollars ($10,000). The proposed ordinance amends the SBMC by adding “social host” to the list of individuals and/or entities who are subject to these existing penalties.

The proposed ordinance also further clarifies that the penalties outlined in the SBMC are cumulative and not intended to be exclusive of any other penalty. This means that the City is not limited to issuing only one form of penalty when enforcing its fireworks laws; penalties under the SBMC can be added to other penalties from other sources.

Additionally, the ordinance establishes that each unlawful firework discharge is considered a separate offense. As a result, an individual who illegally discharges five fireworks would be cited with five separate violations.

Cost Recovery
Included in the proposed ordinance is a provision that entitles the City to recover the full “response costs” incurred when responding to a fireworks violation. These recoverable costs are in addition to the criminal and civil penalties that may be imposed. “Response costs” are defined in the ordinance as the reasonable and necessary costs that the City directly incurred when responding to a violation of the City’s fireworks laws, and include, but are not limited to, the following:

1. The cost of staff time for dealing with a fireworks violation, which is inclusive of salary and benefits, as well as all administrative costs attributable to the response.

2. The cost of any medical treatment for any officer who is injured while responding to a violation.

3. The cost of repairing any City equipment used by an officer when responding to a violation, or any City property that was damaged by the violation.

4. The costs of disposing of any fireworks that are seized when responding to a violation.

To provide an example of staff time costs that may be charged to individuals who are found violating the City’s fireworks laws, the table below shows the fully burdened hourly rate of a police officer who is at the top of the salary schedule for Regular Time, Time and a Half, and Double Time pay for Fiscal Year 2026/2027:

Position
Name
Regular Time
(Fully Burdened Hourly)
Time and a Half Pay
(Fully Burdened Hourly)
Double Time
(Fully Burdened Hourly)
Police Officer $99.54/hour $149.31/hour $199.08/hour
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The specific costs that may be charged will vary depending on which law enforcement personnel respond to a fireworks violation (as different classifications have different pay scales), the amount of staff time required to address the violation, and whether the violation results in additional impacts, such as injury to an officer or damage to equipment.
2021-2025 Strategic Targets and Goals
Adoption of Ordinance MC-1665 aligns with Key Target No. 3: Improved Quality of Life by adding social host regulations to the City’s fireworks laws, which provides law enforcement with additional enforcement mechanisms to help reduce the use of illegal fireworks in the City.

Fiscal Impact
The Ordinance will require some administrative costs related to the processing of any additional citations generated by the social host regulations. These costs are not known at this time but are likely to be minimal relative to the City’s existing fireworks enforcement costs. The citations, fines, and cost recovery provisions of the ordinance will help offset some of the City’s fireworks enforcement costs, but the exact amount that will be offset is unknown at this time.

The estimated cost associated with directly notifying residents and rental property owners by mail is $13,000. Sufficient funding is available in the City Manager’s Office's budget for Fiscal Year (FY) 2025-26 to absorb these costs.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Ordinance No. MC-1665, amending Chapter 8.60 (Fireworks) and Chapter 8.61 (Prohibited Fireworks) of the San Bernardino Municipal Code to add social host regulations and cost recovery provisions to the City’s fireworks laws.

Attachments
Attachment 1 – Ordinance No. MC-1665 Social Host Regulations for Fireworks Attachment 2 – Chapter 8.60 Fireworks Redlines
Attachment 3 – Chapter 8.61 Prohibited Fireworks Redlines Attachment 4 – Water Bill Insert
Ward:

All Wards
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 One-Year 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.

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December 3, 2025 Mayor and City Council directed staff to bring back a social host ordinance for fireworks.

May 6, 2026 Mayor and City Council approved the first reading of Ordinance MC-1665, amending Chapter 8.60
(Fireworks) and Chapter 8.61 (Prohibited Fireworks) of
the San Bernardino Municipal Code to add social host
regulations and cost recovery provisions to the City’s
fireworks laws. The Mayor and City Council also
directed staff to return with an update regarding the
City’s outreach plan to notify residents, landlords, and rental property owners of the new social host
regulations.

CC
Eric Levitt, City Manager
Packet Page. 77
Ordinance No. MC-1665
-1-
ORDINANCE NO. MC-1665

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
AMENDING CHAPTER 8.60 (FIREWORKS) AND
CHAPTER 8.61 (PROHIBITED FIREWORKS) OF THE SAN

BERNARDINO MUNICIPAL CODE TO ADD SOCIAL HOST

REGULATIONS AND COST RECOVERY PROVISIONS TO
THE CITY’S FIREWORKS LAWS.

WHEREAS, the City of San Bernardino, California (“City”) is a chartered city and municipal corporation, duly organized under the California Constitution and laws of the State of California; and
WHEREAS, as a charter city, the City has plenary authority over all “municipal affairs,” and the broad “police powers” vested by California's Constitution, pursuant to which it may make and enforce laws necessary to protect and preserve the health, safety, and welfare of residents, subject only to enactments by the California Legislature on matters of “statewide concern;” and WHEREAS, consistent with that authority and the City's police powers set forth under the California Constitution Article XI, Section 7 and California Health & Safety Code Section 12541, the City has authority to regulate the sale of fireworks within the City; and WHEREAS, under California law, fireworks are divided into two (2) categories:
“dangerous” and “safe and sane” fireworks (Cal. Health & Saf. Code §§ 12500 et seq.); and WHEREAS, only “safe and sane” fireworks are sold in California for private use because they are considered less dangerous to individuals and pose less of a risk of causing fire and damage to property since such fireworks do not fly, explode, shoot projectiles, travel, or leave the ground, and such fireworks usually exclude very large fireworks or other dangerous devices like rockets and aerial shells; and
WHEREAS, Title 8 (Health and Safety), Chapter 8.60 (Fireworks) of the San Bernardino Municipal Code (“SBMC”), regulates the location, time, dates, and circumstances for the sale and discharge of “safe and sane fireworks” (as defined in Section 12529 of the California Health and Safety Code); and
WHEREAS, Title 8 (Health and Safety), Chapter 8.61 (Prohibited Fireworks) of the SBMC prohibits the personal possession, sale, use, and discharge of “dangerous” fireworks, which are defined as all fireworks other than those fireworks defined as “safe and sane” under California Health and Safety Code Section 12529; and
WHEREAS, despite the City's regulations on “safe and sane” fireworks and prohibition on the use of “dangerous” fireworks, the City has observed increased incidents and received an increased number of citizen complaints relating to unlawful fireworks in recent years, straining the resources of law enforcement officers while simultaneously diverting the resources of emergency personnel from other priorities; and
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Ordinance No. MC-1665
-2-
WHEREAS, the City’s existing fireworks laws lack adequate enforcement mechanisms to hold social hosts accountable, resulting in continued illegal fireworks activity that poses an immediate threat to life and property; and
WHEREAS, the Mayor and City Council now wish to increase the enforcement mechanisms available to the City through the addition of “social host” regulations, which would make the property owner or person in charge of a property liable for violating the City’s fireworks laws.

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

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

SECTION 2. Chapter 8.60 (Fireworks) of Title 8 (Health And Safety) of the San Bernardino Municipal Code is hereby amended to add a new Section 8.60.135 (Social Host Liability) to read in its entirety as follows:
“§ 8.60.135 SOCIAL HOST, MINOR, AND SPECTATOR LIABILITY. (A) DEFINITIONS. The following definitions apply to the use of these terms for the purposes of this Section relating to social host, minor, and spectator liability.

MINOR means a person under the age of 18 years.

SOCIAL HOST means any owner of private property as listed on the most recent assessment roll; and/or any person who has a right to use, possess, or occupy public or private property under a lease, permit, license, rental agreement, or contract; and/or any person who hosts, organizes, supervises, officiates, conducts, or accepts responsibility for a gathering on public or private property. A government entity, including, but not limited to, the City, a school district, and/or a political subdivision of the State of California, is not a social host. As used in this definition, a person may mean either a human being or a legal entity.

STRICT LIABILITY means liability for a wrongful act regardless of such person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

Prior knowledge of the unlawful possession, storage, sale, use, ignition, or discharge of fireworks in violation of this Chapter is not a pre-requisite to a finding that any specific individual is a social host as defined by this Section. (3) It is the absolute duty of all social hosts to take all reasonable steps necessary to prevent a violation of this Chapter.
(4) Any person having the care, custody, or control of a minor who violates this Chapter shall be strictly liable for that minor’s violation(s) of this Chapter. The person having the care, custody, or control of a minor who violates this Chapter need not be present when that minor violates this Chapter to be held strictly liable for the violation(s). (5) It shall be unlawful for any person to be knowingly present as a Spectator during an unlawful fireworks discharge that is in violation of this Chapter. (C) EXEMPTIONS. This Section shall not apply to:
(1) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper City permits, nor to the Spectators present during such activities.
(2) Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under Federal or State law.
(3) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host’s property or terminating the activity to comply with this Chapter.
(4) A person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract for violations of this Chapter occurring in the common areas of the property, unless such person is determined to be a responsible person.”
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SECTION 3. Section 8.60.150 (Violation – Penalty) of Chapter 8.60 (Fireworks) of Title 8 (Health And Safety) of the Municipal Code is hereby amended to read in its entirety as follows:
“§ 8.60.150 VIOLATION - PENALTY.
(A) Any person, social host, 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, social host, 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 ($1,000) for the first offense; (2) Two thousand five hundred dollars ($2,500) for the second offense within 36 months; and
(3) Five thousand dollars ($5,000) for each subsequent offense within 36 months (C) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this Chapter, the City shall be entitled to recover from any person, social host, organization, group, association and the like found in violation of any provision of this Chapter, the City’s full response costs. As used in this Section, RESPONSE COSTS means those reasonable and necessary costs directly incurred by the City for a response to a violation of this Chapter, and include but are not limited to the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:
(1) Salaries and benefits of the officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses; and
(2) The cost of any medical treatment to, or for, any officer injured responding to, remaining at, or leaving the scene of the violation; and
(3) The cost of repairing any equipment used by the officer or damage to City property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and
(4) The costs of disposal of any fireworks seized in accordance with this Chapter. (D) The penalties set forth herein are cumulative and are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this Code or any other law, statute, ordinance, or regulation, including, without limitation, the California Health and Safety Code and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks.

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(E) Any person violating the provisions of this Chapter 8.60 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharge shall constitute a separate offense.”
SECTION 4. Chapter 8.61 (Prohibited Fireworks) of Title 8 (Health and Safety) of the Municipal Code is hereby amended to add a new Section 8.61.025 (Social Host Liability) to read in its entirety as follows:
“§ 8.61.025 SOCIAL HOST, MINOR, AND SPECTATOR LIABILITY. (A) DEFINITIONS. The following definitions apply to the use of these terms for the purposes of this Section relating to social host, minor, and spectator liability.

MINOR means a person under the age of 18 years.

STRICT LIABILITY means liability for a wrongful act regardless of such person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

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(3) It is the absolute duty of all social hosts to take all reasonable steps necessary to prevent a violation of this Chapter.
(4) Any person having the care, custody, or control of a minor who violates this Chapter shall be strictly liable for that minor’s violation(s) of this Chapter. The person having the care, custody, or control of a minor who violates this Chapter need not be present when that minor violates this Chapter to be held strictly liable for the violation(s). (5) It shall be unlawful for any person to be knowingly present as a Spectator during an unauthorized illegal fireworks discharge in violation of this Chapter. (C) EXEMPTIONS. This Section shall not apply to:
(1) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper City permits, nor to the Spectators present during such activities.
(2) Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under Federal or State law.
(3) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host’s property or terminating the activity to comply with this Chapter.
(4) A person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract for violations of this Chapter occurring in the common areas of the property, unless such person is determined to be a responsible person.”
SECTION 5. Section 8.61.030 (Violation – Penalty) of Chapter 8.61 (Prohibited Fireworks) of Title 8 (Health And Safety) of the Municipal Code is hereby amended to read in its entirety as follows:
“§ 8.61.030 VIOLATION - PENALTY.
(A) Any person, social host, 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, social host, 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 ($2,500) for the first offense; (2) Five thousand dollars ($5,000) for the second offense within 36 months; and (3) Ten thousand dollars ($10,000) for each subsequent offense within 36 months.

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(C) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this Chapter, the City shall be entitled to recover from any person, social host, organization, group, association and the like found in violation of any provision of this Chapter, the City’s full response costs. As used in this Section, RESPONSE COSTS means those reasonable and necessary costs directly incurred by the City for a response to a violation of this Chapter, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:
(1) Salaries and benefits of the officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses; and
(2) The cost of any medical treatment to, or for, any officer injured responding to, remaining at, or leaving the scene of the violation; and
(3) The cost of repairing any equipment used by the officer or damage to City property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and
(4) The costs of disposal of any fireworks seized in accordance with this Chapter. (D) The penalties set forth herein are cumulative and are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this Code or any other law, statute, ordinance, or regulation, including, without limitation, the California Health and Safety Code and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks. (E) Any person violating the provisions of this Chapter 8.61 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharge shall constitute a separate offense.”
SECTION 6. Section 8.61.040 (State Law Limitations) of Chapter 8.61 (Prohibited Fireworks) of Title 8 (Health And Safety) of the Municipal Code is hereby amended to read in its entirety as follows:
“§ 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 California Health and Safety Code Section 12557. (B) This Chapter shall be limited to apply only to a person, social host, organization, group, association and the like who possesses or results in the seizure of 25 pounds or less of dangerous fireworks.

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(C) Any administrative fine or administrative civil penalty collected pursuant to this Chapter shall not be subject to California Health and Safety Code Section 12706, “Disposition of Fines and Forfeitures.”
SECTION 7. 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 8. CEQA. The Mayor and City Council finds this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

SECTION 9. 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 10. 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 ___ day of __________ 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Sonia Carvalho, City Attorney
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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1665, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 6
th day of May 2026. Ordinance No. MC-1665 was approve passed and adopted at a regular meeting held the 20th day of May 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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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

8.60.135 Social Host, Minor, And Spectator Liability

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 Packet Page. 87
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 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) Packet Page. 88
§ 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;
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(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.
(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 Packet Page. 90
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 Packet Page. 91
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 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.

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(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) Packet Page. 93
§ 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)
§ 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).

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(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 Packet Page. 95
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 5-18-2022)
§ 8.60.135 SOCIAL HOST, MINOR, AND SPECTATOR LIABILITY. (A) DEFINITIONS. The following definitions apply to the use of these terms for the purposes of this Section relating to social host, minor, and spectator liability.

MINOR means a person under the age of 18 years.

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STRICT LIABILITY means liability for a wrongful act regardless of such person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

SPECTATOR means any person present during a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the event. A person is “present” during fireworks discharge if that person is within two hundred (200) feet of the location of the fireworks discharge. Peace officers or their agents, or City employees designated to enforce the provisions of this Chapter, who are acting in the course of their official duties, are not considered “spectators.”
(B) LIABILITY
(1) Except as may be permitted by this Chapter or State law, it is unlawful for any social host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, for violations of this Chapter to occur or otherwise take place anywhere on his or her property, or on any immediately adjacent public or private street or sidewalk. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this Section. (2) A social host need not be present at the time fireworks are unlawfully possessed, stored, sold, used, ignited or discharged in violation of this Chapter for the City to impose penalties. Prior knowledge of the unlawful possession, storage, sale, use, ignition, or discharge of fireworks in violation of this Chapter is not a pre-requisite to a finding that any specific individual is a social host as defined by this Section. (3) It is the absolute duty of all social hosts to take all reasonable steps necessary to prevent a violation of this Chapter.
(4) Any person having the care, custody, or control of a minor who violates this Chapter shall be strictly liable for that minor’s violation(s) of this Chapter. The person having the care, custody, or control of a minor who violates this Chapter need not be present when that minor violates this Chapter to be held strictly liable for the violation(s). (5) It shall be unlawful for any person to be knowingly present as a Spectator during an unlawful fireworks discharge that is in violation of this Chapter. (C) EXEMPTIONS. This Section shall not apply to:
(1) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper City permits, nor to the Spectators present during such activities.
(2) Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under Federal or State law.
(3) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host’s property or terminating the activity to comply with this Chapter.

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(4) A person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract for violations of this Chapter occurring in the common areas of the property, unless such person is determined to be a responsible person.”
§ 8.60.140 RESERVED.
[Reserved]
(Repealed by Ord. MC-1269, passed 4-22-2008)
§ 8.60.150 VIOLATION - PENALTY.
(A) Any person, social host, 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, social host, 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 ($1,000) for the first offense; (2) Two thousand five hundred dollars ($2,500) for the second offense within 36 months; and
(3) Five thousand dollars ($5,000) for each subsequent offense within 36 months. (C) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this Chapter, the City shall be entitled to recover from any person, social host, organization, group, association and the like found in violation of any provision of this Chapter, the City’s full response costs. As used in this Section, RESPONSE COSTS means those reasonable and necessary costs directly incurred by the City for a response to a violation of this Chapter, and include but are not limited to the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:
(1) Salaries and benefits of the officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses; and
(2) The cost of any medical treatment to, or for, any officer injured responding to, remaining at, or leaving the scene of the violation; and Packet Page. 98
(3) The cost of repairing any equipment used by the officer or damage to City property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and
(4) The costs of disposal of any fireworks seized in accordance with this Chapter. (D) The penalties set forth herein are cumulative and are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this Code or any other law, statute, ordinance, or regulation, including, without limitation, the California Health and Safety Code and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks.
(E) Any person violating the provisions of this Chapter 8.60 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharge shall constitute a separate offense.
(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 Packet Page. 99
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)
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APPENDIX A: LOCATION OF SALES AND DISCHARGE OF FIREWORKS Packet Page. 101
CHAPTER 8.61: PROHIBITED FIREWORKS
Section

8.61.010 Dangerous fireworks prohibited

8.61.020 Dangerous fireworks defined

8.61.025 Social Host, Minor, and Spectator Liability

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. § 8.61.025 SOCIAL HOST, MINOR, AND SPECTATOR LIABILITY. (A) DEFINITIONS. The following definitions apply to the use of these terms for the purposes of this Section relating to social host, minor, and spectator liability.

MINOR means a person under the age of 18 years.

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STRICT LIABILITY means liability for a wrongful act regardless of such person’s intent, knowledge, negligence, or lack thereof in committing the wrongful act.

SPECTATOR means any person present during a fireworks discharge for the purpose of viewing, observing, watching, or witnessing the event. A person is “present” during fireworks discharge if that person is within two hundred (200) feet of the location of the fireworks discharge. Peace officers or their agents, or City employees designated to enforce the provisions of this Chapter, who are acting in the course of their official duties, are not considered “spectators.”
(B) LIABILITY
(1) Except as may be permitted by this Chapter or State law, it is unlawful for any social host to allow, by invitation or consent, which consent may be implied given surrounding facts and circumstances such as repeated violations, for violations of this Chapter to occur or otherwise take place anywhere on his or her property, or on any immediately adjacent public or private street or sidewalk. Such violation subjects any and all Social Host(s) to strict liability for penalties imposed for violation(s) of this Section. (2) A social host need not be present at the time dangerous fireworks are possessed, stored, sold, used, ignited or discharged for the City to impose penalties. Prior knowledge of the possession, storage, sale, use, ignition, or discharge of dangerous fireworks is not a pre-requisite to a finding that any specific individual is a social host as defined by this Section.
(3) It is the absolute duty of all social hosts to take all reasonable steps necessary to prevent a violation of this Chapter.
(4) Any person having the care, custody, or control of a minor who violates this Chapter shall be strictly liable for that minor’s violation(s) of this Chapter. The person having the care, custody, or control of a minor who violates this Chapter need not be present when that minor violates this Chapter to be held strictly liable for the violation(s). (5) It shall be unlawful for any person to be knowingly present as a Spectator during an unauthorized illegal fireworks discharge in violation of this Chapter. (C) EXEMPTIONS. This Section shall not apply to:
(1) Activities conducted by pyrotechnic operators licensed by the State Fire Marshal when operating pursuant to that license and with proper City permits, nor to the Spectators present during such activities.
(2) Conduct involving possession, ignition, explosion, discharge, use, or display of fireworks as permitted under Federal or State law.
(3) A social host who initiates contact with law enforcement or fire officials to assist in removing any person, or illegal fireworks, from the social host’s property or terminating the activity to comply with this Chapter.

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(4) A person who has the right to use, possess, or occupy a unit in a multifamily residential property under a lease, rental agreement, or contract for violations of this Chapter occurring in the common areas of the property, unless such person is determined to be a responsible person.”
§ 8.61.030 VIOLATION - PENALTY.
(A) Any person, social host, 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, social host, 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 ($2,500) for the first offense; (2) Five thousand dollars ($5,000) for the second offense within 36 months; and (3) Ten thousand dollars ($10,000) for each subsequent offense within 36 months. (C) In addition to any fines or penalties which may otherwise be levied by the City pursuant to this Chapter, the City shall be entitled to recover from any person, social host, organization, group, association and the like found in violation of any provision of this Chapter, the City’s full response costs. As used in this Section, RESPONSE COSTS means those reasonable and necessary costs directly incurred by the City for a response to a violation of this Chapter, and include the cost of providing law enforcement, firefighting, and/or other emergency services at the scene of the violation, including, without limitation, the following:
(1) Salaries and benefits of the officer for the time spent responding to, remaining at, or otherwise dealing with the violation, and the administrative costs attributable to the responses; and
(2) The cost of any medical treatment to, or for, any officer injured responding to, remaining at, or leaving the scene of the violation; and (3) The cost of repairing any equipment used by the officer or damage to City property, and the cost of the use of any such equipment, in responding to, remaining at, or leaving the scene of the violation; and
(4) The costs of disposal of any fireworks seized in accordance with this Chapter. (D) The penalties set forth herein are cumulative and are not intended to be exclusive of other penalties and remedies and are intended to be in addition to any other remedies provided in this Code or any other law, statute, ordinance, or regulation, including, without limitation, the Packet Page. 104
California Health and Safety Code and the California Penal Code with regard to the unlawful sale, use, possession, delivery, storage, and/or transportation of illegal fireworks. (E) Any person violating the provisions of this Chapter 8.61 shall be deemed guilty of a separate offense for each violation that is committed, continued, or permitted by that person, and shall be punished accordingly. Each and every unlawful firework discharge shall constitute a separate offense.”
(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 California Health and Safety Code, Section 12557. (B) This Chapter shall be limited to apply only to a person, social host, organization, group, association and the like who possesses or results in 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 California Health and Safety Code, Section 12706, “Disposition of Fines and Forfeitures.”
(Ord. MC-1269, passed 4-22-2008)
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FRONT
BACK
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Approval of Amendment No. 2 to the Professional Services Agreement with Redwood Private Security, LP to
Incorporate Regal Theatre Security Services into the
Citywide Contract and Approval of an Additional
Professional Services Agreement for Navigation Center
Construction Site Security Services (All Wards)
Recommendation:

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

City Manager's Comments
The City Manager recommends approval.

Executive Summary
This item requests Mayor and City Council approval for two (2) security service actions to safeguard City assets. The first increases the citywide Redwood Private Security contract by $80,000 annually to include the Regal Theatre. The second establishes a Packet Page. 107
separate standalone agreement in the amount of $291,667.20 for unarmed security at the Navigation Center construction site. Together, these actions ensure continuous protection of city-owned facilities and prevent costly delays or vandalism at key project sites during off-hours.

Background
On October 18, 2023, the City entered into a Professional Services Agreement (PSA) with Redwood Private Security LP following a competitive Request for Proposals (RFP) process to provide citywide security guard services. The PSA established standardized rates, service expectations, and operational protocols for security services across multiple City facilities.

On August 7, 2024, the City approved Amendment No. 1 to the PSA, which expanded the scope of services to include the Park Ranger Program. This amendment increased both the service levels and total not-to-exceed compensation under the agreement to a not-to-exceed of $2,427,264.00.

Since September 6, 2023, the City has also maintained a standalone agreement with Redwood Private Security, LP for armed security services at the Regal Theatre, a Cityowned asset. Security services at this location are required pursuant to the lease agreement with Regal Cinemas and have been funded through the Cultural Development Fund. The Regal Theatre agreement has been extended through its final allowable term and is now set to be rolled into the Citywide contract structure.

Discussion
Amendment No. 2 to the PSA incorporates the Regal Theatre security services into the existing Citywide contract with Redwood Private Security, LP. This consolidation eliminates the need for a separate agreement and improves administrative efficiency, contract oversight, and consistency in service delivery.

The amendment increases the total annual not-to-exceed compensation by $80,000 to a new total annual not-to-exceed of $2,507,264.00, to support continued security services at the Regal Theatre. The Regal Theatre remains a key cultural asset within the downtown area, and continued security services are necessary to maintain a safe and secure environment for patrons and visitors.

In addition, staff request approval of a new standalone Professional Services Agreement with Redwood Private Security, LP to provide unarmed security services at the Navigation Center construction site in a total not-to-exceed amount of $291,667.20, which includes a 10% contingency to account for potential fluctuations in service needs during construction activities.

The Navigation Center site has experienced ongoing challenges related to unauthorized access, vandalism, and security concerns, particularly during overnight hours, weekends, and holidays when the site is unoccupied and more vulnerable.

These security services were approved on March 1, 2026, on an emergency basis due Packet Page. 108
to the urgent need when construction started. As construction progresses and valuable materials and equipment are staged on-site, the risk of theft, property damage, and project disruption increases significantly. These services will continue through June 30, 2027, to provide continued support to the site as it transitions from construction to an open campus. Once the campus opens and begins operating as intended, we will reevaluate the details and needs of security.

While the Navigation Center is an existing service location under the original PSA, the level of service required for construction operations, including overnight, weekend, and holiday coverage, exceeds the current scope of services. The proposed agreement utilizes the same competitively procured hourly rates established through the original RFP and ensures that the City can address the increased security demands associated with active construction while maintaining cost efficiency. These actions will allow the City to maintain consistency in service delivery, ensure protection of City-owned assets and infrastructure, and allow this agreement to have a 10% contingency outside the citywide agreement to support the protection of the site as construction progresses into operation.
2021-2025 Strategic Targets and Goals
This item supports Strategic Goal No. 3: Improved Quality of Life by maintaining safe, secure, and well-managed public spaces, including the Regal Theatre and the Navigation Center project site. Approval of this item will ensure continued and enhanced security services that protect City investments, support ongoing operations, and promote a safe environment for residents, visitors, and project activities.

Fiscal Impact
In prior fiscal years through FY 2025/26, security services for the Regal Theatre were funded through the Cultural Development Fund. Beginning in FY 2026/27, these costs will transition to the Economic Development Department’s budget and will be included as an ongoing annual allocation of $80,000 for the duration of the contract.

Security services for the Navigation Center construction site will be funded through the Navigation Center’s existing project budget, which is supported by a General Fund loan. These expenses are considered eligible project-related costs and will be managed within the established project financing framework.

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

2. Approve a Professional Services Agreement with Redwood Private Security, LP for the provision of unarmed security services at the Navigation Center Packet Page. 109
construction site in the amount of $291,667.20, utilizing the same competitively procured rates established under the original agreement; and

Attachments
Attachment 1 Amendment No. 2 to the Citywide Professional Services Agreement With Redwood Private Security, LP
Attachment 2 Amendment No. 1 to the Citywide Professional Services Agreement with Redwood Private Security, LP
Attachment 3 Citywide Professional Services Agreement Redwood Private Security, LP
Attachment 4 Hope Campus Professional Services Agreement Redwood Private Security, LP
Attachment 5 Exempt Purchase Justification Form for Security Services Navigation Center Hope Campus
Attachment 6 Original Regal Cinemas, Inc Agreement with Redwood Private Security, Letter of Extension Options Year 1 & 2 Attachment 7 Original Lease Agreement with Regal Cinemas, Inc Ward:

All Wards
Synopsis of Previous Council Actions:

July 16, 2025 The Mayor and City Council adopted Resolution 2023-141, approving and authorizing The Agency Director of
Administrative Services to approve the FY 2023/24 Budget by appropriating Eighty Thousand Dollars ($80,000) from the General Fund to the Community Economic Development
Department Professional Contractual Fund to provide funding for the Professional Services Agreement and issue a
purchase order to Redwood Security Services, LP pursuant to RFP F-22-80A.

August 7, 2024 The Mayor and City Council approved Amendment No. 1 to the PSA, which expanded the scope of services to include the Park Ranger Program. This amendment increased both the
service levels and total not-to-exceed compensation under the agreement to a not-to-exceed of $2,427,264.00.

October 18, 2023 The Mayor and City Council authorized the City Manager to execute a PSA with Redwood Private Security, LP, for
citywide unarmed security guard services
CC: Eric Levitt, City Manager
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AMENDMENT NO. 2 TO

PROFESSIONAL SERVICES AGREEMENT

WITH REDWOOD PRIVATE SECURITY, LP
This Amendment No. 2 to the Professional Services Agreement is made and entered into as of May 20, 2026 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Redwood Private Security, LP, a limited partnership (“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 October 18, 2023, for the purpose of providing security services (the “Original Agreement”).

B. WHEREAS, the City and the Consultant have entered into an Amendment No. 1 to the Original Agreement, dated August 7, 2024, for the purpose of amending the scoop of services to include the Park Ranger program to assist in securing the parks, increasing the compensation, and the not to exceed compensation.

C. WHEREAS, the Parties now desire to amend the Original Agreement in order to include security services at the Regal Theatre, a City-owned asset, and to allocate additional funding in the amount of $80,000 to support the continued performance of such 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. 2 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. Scope of Service. The scope of service performed by the Consultant specific to the Regal Theater as described in Exhibit A, Scope of Services, will be replaced with Scope of Services described in Exhibit C. This will include dedicated armed guard duties and responsibilities for the Regal Theater.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 2 shall not exceed Eighty Thousand Dollars ($80,000)annually, thereby increasing the total not-to-exceed compensation of the Original Agreement to Two Million Five Hundred Seven Thousand Two Hundred Sixty-Four Dollars ($2,507,264.00) annually. Work shall be performed at the rates set forth in the Original Agreement.

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4. Full Force. Except as amended by this Amendment No. 2, 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. 2.

5. 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.

6. Counterparts. This Amendment No. 2 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. 2 TO THE PROFESSIONAL SERVICES AGREEMENT

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

CITY OF SAN BERNARDINO
APPROVED BY:

ERIC LEVITT

CITY MANAGER
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

REDWOOD PRIVATE SECURITY, LP

JASON BERCKART

CHIEF EXECUTIVE OFFICER
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Exhibit C
Scope of Services

OUTSIDE ARMED SECURITY GUARD DUTIES AND RESPONSIBILITIES AT THE

REGAL THEATER, DOWNTOWN SAN BERNARDINO
The overall duty of an armed Security Guard is to protect the Regal Theater’s property, employees and visitors. Here are their daily responsibilities:
• Patrolling and monitoring activities on the Regal Theater’s premises daily from 7:30PM to 2 AM, to discourage criminals and ensure the environment is safe and secure for movie-goers.
• Evicting trespassers and violators and detaining perpetrators while following legal protocols before relevant authorities arrive to take over. • Controlling the entrance and departure of employees, movie-goers, and vehicles according to protocols.
• Monitoring surveillance cameras to watch out for any disruptions or unlawful activities. • Providing detailed reports on daily activities and any incidents that may have occurred to management.
• Using provided communication devices such as two-way radios in a clear and concise manner.

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AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

WITH REDWOOD PRIVATE SECURITY, LP
This Amendment No. 1 to the Professional Services Agreement is made and entered into as of August 7, 2024 (“Effective Date”) by and between the City of San Bernardino, a charter city and municipal corporation (“City”) and Redwood Private Security, LP a limited partnership (“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 October 18, 2023, for the purpose of providing security services (the “Master Agreement”).

B. WHEREAS, the City approved and funded a Park Ranger program to assist in securing City parks and providing a safe environment for community members.

C. WHEREAS, qualified personnel cannot be attained to fill this desired program.

D. WHEREAS, the Consultant can provide the City with a desired Park Ranger service at a reduced cost, parties now desire to amend the Master Agreement in order to change the scope of service and compensation of the Master Agreement.

E. WHEREAS, Park Ranger program funding will be used to pay the Consultant for the increased scope of service.

NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No. 1 and the Master Agreement, the Parties mutually agree as follows:

AGREEMENT

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

2. Scope of Service. The scope of service performed by the Consultant as described in Exhibit A, Scope of Work, will expand to include Park Ranger responsibilities (Exhibit B, Park Ranger Scope of Work). This will include patrols for all city parks and other park-related needs as determined by the City.

3. Compensation. The compensation for services performed pursuant to this Amendment No. 1 shall not exceed Five hundred fifteen thousand one hundred and eighty-eight dollars ($ 515,188), thereby increasing the total not to exceed compensation of the Master Agreement to the amount of two million four hundred twenty seven thousand

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two hundred sixty four dollars ($2,427,264). Work shall be performed at the rates set forth in the Master Agreement.

4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.

5. 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.

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 FOR
AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT

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

CITY OF SAN BERNARDINO
APPROVED BY:

Rochelle Clayton
Acting City Manager
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT
Jason Berckart, CPP
Chief Executive Officer
Signature
Name
Title

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EXHIBIT “B”
Park Ranger Scope of Work
Park Ranger Services
Location Day(s) Hours
All City Parks Monday through
Sunday
TBD by the City based
on Park Needs.

Description of Duties
Under general supervision, patrols parks and grounds to promote park safety and to enforce City rules, codes, and policies; promotes positive engagement with park patrons; and other duties as assigned.  Provides exemplary customer service to all individuals by demonstrating a willingness to be attentive, understanding, responsive, fair, courteous, and respectful.  Patrols assigned work areas for possible violations of penal, vehicle, and municipal codes; issues municipal citations.
 May counsel, advise, or detain individuals whose actions endanger the public or park property.  Provides basic outreach and offers resource materials to unhoused individuals in the parks.  Reads and explains laws, codes, ordinances, and/or regulations to provide accurate information to park visitors.
 Assists with City and Department sponsored community events, including supervision, event patrol, parking control.
 Ensures park facilities are available for use and in a safe and clean condition; reports problems to a supervisor or the appropriate authority.
 May identify, remove, transport, or dispose of hazardous materials and hypodermic needles and/or other drug paraphernalia.
 Alerts supervisor or park administration staff concerning safety, security, sanitary conditions, and maintenance needs.
 Maintains a log of activities and incidents; prepares written reports.  Coordinates with or assists Park, Police, Code Enforcement and Fire Department personnel regarding incidents and investigations involving City parks.  Testifies in court and responds to requests for crime prevention services.  Directs vehicular and pedestrian traffic.
 Responds to calls for service in City Parks.
 Operates light vehicles, radios, and other necessary equipment to perform Ranger activities.  Attends in-service training programs.
 Interprets and applies policy and regulatory guidance to resolve and correct park activities.  Analyzes complex problems and recommends effective solutions.  Interacts with the public in potentially volatile situations and issues warnings and citations, when necessary, within scope of responsibility.
 Exercises tact to resolve disputes regarding City Park rules, regulations and ordinance matters in a tactful and productive manner.
 May be assigned to projects, cross-functional teams or deliver presentations which aim to enhance City’s Park and Recreational objectives.
 Performs other duties as assigned.

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1 PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
This Agreement is made and entered into as of March 1, 2026 by and between the City of San Bernardino, a charter city and municipal corporation organized and operating under the laws of the State of California with its principal place of business at Vanir Tower, 290 North D Street, San Bernardino, CA 92401 (“City”), and Redwood Private Security LP, a limited partnership with its principal place of business at 473 E. Carnegie Drive, Suite 200, San Bernardino, Ca 92408 (hereinafter referred to as “Consultant”). City and Consultant are hereinafter sometimes referred to individually as “Party” and collectively as the “Parties.”

RECITALS
A. City is a public agency of the State of California and is in need of professional services for the following project:

Security at San Bernardino Hope Campus Navigation Center Construction Site (hereinafter referred to as “the Project”).

B. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional services for unarmed security services, including maintaining a high-visibility on-site presence to deter unauthorized entry, monitoring and controlling access to the project site, challenging unauthorized individuals, coordinating with the San Bernardino Police Department as needed for trespassers or suspicious activity, and preparing and submitting daily activity reports through an electronic reporting system., and possesses the necessary expertise, resources, and personnel to complete the Project in a timely and professional manner as specified herein.

C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.

NOW, THEREFORE, IT IS AGREED AS FOLLOWS:

AGREEMENT

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

2. Services. Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.” Consultant 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 consulting services necessary for the Project.

3. Professional Practices. All professional services to be provided by Packet Page. 165
2 Consultant pursuant to this Agreement shall be provided by personnel identified in their proposal. Consultant warrants that Consultant is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant further represents that no City employee will provide any services under this Agreement.

4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” For the additional unarmed security services described herein, compensation shall be based on an average monthly cost of Sixteen Thousand Five Hundred Seventy-Two Dollars ($16,572), consistent with the Contractor’s quote attached hereto and incorporated by reference.

The total compensation for these additional services shall not exceed Two Hundred SixtyFive Thousand One Hundred Fifty-Two Dollars ($265,152), plus a contingency of ten percent (10%) in the amount of Twenty-Six Thousand Five Hundred Fifteen Dollars and Twenty Cents ($26,515.20) to account for variations in service levels, including weekends and holidays.
b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of Two Hundred Ninety-One Thousand Six Hundred Sixty-Seven Dollars and Twenty Cents ($291,667.20). This amount is to cover all related costs, and the City will not pay any additional fees for printing expenses.

Consultant may submit invoices to City for approval. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction.

City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. The invoice shall describe in detail the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. Consultant shall not be reimbursed for any expenses unless authorized in writing by City.

5. Additional Work. If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.

6. Term. This Agreement shall commence on the Effective Date and continue through June 30, 2027, unless the Agreement is previously terminated as provided for herein (“Term”). All applicable indemnification provisions of this Agreement shall remain in effect following the termination of this Agreement.

7. Maintenance of Records; Audits.
a. Records of Consultant’s services relating to this Agreement shall be Packet Page. 166
3 maintained in accordance with generally recognized accounting principles and shall be made available to City for inspection and/or audit at mutually convenient times for a period of four (4) years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.

8. Time of Performance. Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed. Consultant shall complete the services required hereunder within Term.

9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the non-performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects the Consultant’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); and (4) pandemics, epidemics or quarantine restrictions. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety. b. Should a Force Majeure Event occur, the non-performing Party shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Delays shall not entitle Consultant to any additional compensation regardless of the Party responsible for the delay.
c. Notwithstanding the foregoing, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement.

10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.

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4 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.

11. Standard of Care. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. Consultant’s performance shall conform in all material respects to the requirements of the Scope of Work.

Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant 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 Consultant's failure to comply with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Services, 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 working on the Services by the Consultant and shall not be re-employed to perform any of the Services.

Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor’s use of further independent contractors, subcontractors or subconsultants without the City’s prior written consent.

12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment from or employment with any person or entity which will constitute a conflict of interest with the City.

13. City Business Certificate. Consultant shall, prior to execution of this Agreement, obtain and maintain during the term of this Agreement a valid business registration certificate from the City pursuant to Title 5 of the City’s Municipal Code and any and all other licenses, permits, qualifications, insurance, and approvals of whatever nature that are legally required of Consultant to practice his/her profession, skill, or business.

14. Assignment and Subconsultant. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so Packet Page. 168
5 assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subconsultants as Consultant may deem appropriate to assist in the performance of services hereunder.

15. Independent Consultant/Contractor. Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided. Any personnel performing the work governed by this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.

16. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section.
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and volunteers shall be named as additional insureds on Consultant’s and its subconsultants’ policies of commercial general liability and automobile liability insurance using the endorsements and forms specified herein or exact equivalents. b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City.
(ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:

Insurance Services Office Commercial General Liability
coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
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6 (2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX)
exclusion deleted
(7) Contractual Liability with respect to this Contract (8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials, officers, employees, agents, and City-designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage.
(vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured.
c. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City. (ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials, officers, employees, agents and City designated volunteers additional insured status. (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention. d. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance Packet Page. 170
7 with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section. e. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein. This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form coverage specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. f. Privacy/Network Security (Cyber)
At all times during the performance of the work under this Agreement, the Consultant shall maintain privacy/network security insurance for: (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and the (4) introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City.
h. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:

Combined Single Limit
Commercial General Liability $2,000,000 per occurrence/$4,000,000 aggregate for bodily injury, personal
injury, and property damage
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage
Employer’s Liability $1,000,000 per occurrence
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8 Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
Cyber Liability $1,000,000 per occurrence and
aggregate
(ii) Defense costs shall be payable in addition to the limits. (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement.
i. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (ACORD Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance. j. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of the premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration. (ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss. (iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.

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9 (iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. k. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or
companies with a current A.M. Best's rating of no less than A:VIII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
l. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including, but not limited to, the provisions concerning indemnification. (ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor the City Council, nor any member of the City Council, nor any of the officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.

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10 (vi) Consultant shall report to the City, in addition to Consultant’s insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement
m. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section. Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.

17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed officials, officers, employees, agents, and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project, or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, the City Council, members of the City Council, its employees, or authorized volunteers. Consultant’s indemnification obligation shall survive the expiration or earlier termination of this Agreement. b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance as a “design professional” (as that term is defined under Civil Code Section 2782.8), then, and only to the extent required by Civil Code Section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to the extent which the Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant in the performance of the services or this Agreement, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.

18. California Labor Code Requirements. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects. If the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, Consultant agrees to fully comply with such Packet Page. 174
11 Prevailing Wage Laws, if applicable. Consultant shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1).

If the Services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such Services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. This Project may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements.

19. Verification of Employment Eligibility. By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.

20. Laws and Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of San Bernardino, State of California.

21. Termination or Abandonment
a. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Packet Page. 175
12 Agreement. Consultant shall not be entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work. b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
c. 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.

22. Attorneys’ Fees. In the event that litigation is brought by any Party in connection with this Agreement, the prevailing Party shall be entitled to recover from the opposing Party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing Party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary, and expenses of the City Attorney’s Office in enforcing this Agreement on behalf of the City shall be considered as “attorneys’ fees” for the purposes of this Agreement.

23. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant’s professional services occurs, Consultant shall, at no cost to City, provide all other services necessary to rectify and correct the matter to the sole satisfaction of the City and to participate in any meeting required with regard to the correction.

24. Prohibited Employment. Consultant shall not employ any current employee of City to perform the work under this Agreement while this Agreement is in effect.

25. Costs. Each Party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

26. Documents. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, Drawings and Specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City.

27. Organization. Consultant shall assign Larry Krininger as Project Manager.

The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.

28. Limitation of Agreement. This Agreement is limited to and includes only the work included in the Project described above.

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13 29. Notice. Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to the following addresses and shall be effective upon receipt thereof:

CITY:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: Eric Levitt
With Copy To:

City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
CONSULTANT:

Redwood Private Security
473 E. Carnegie Drive, Suite 200
San Bernardino, CA 92408
Attn: Jason Berckart

30. Third Party Rights. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.

31. Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.

32. Entire Agreement. This Agreement, including Exhibit “A,” represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises, or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This is an integrated Agreement.

33. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect.

34. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without Packet Page. 177
14 the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.

35. Non-Waiver. The delay or failure of either Party at any time to require performance or compliance by the other Party of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance.

No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

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

37. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain, or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

38. Amendments. Only a writing executed by all of the Parties hereto or their respective successors and assigns may amend this Agreement.

39. City’s Right to Employ Other Consultants. City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.

40. Prohibited Interests. Consultant maintains and warrants that it has neither employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.

41. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one single Agreement.

42. Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination.

43. Authority. The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Packet Page. 178
15 Parties and that by doing so, the Parties hereto are formally bound to the provisions of this Agreement.

44. Electronic Signature. Each Party acknowledges and agrees that this Agreement may be executed by electronic or digital signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature.
[SIGNATURES ON FOLLOWING PAGE]
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16 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT

BETWEEN THE CITY OF SAN BERNARDINO

AND REDWOOD PRIVATE SECURITY, LP
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:

Best Best & Krieger LLP
City Attorney

CONSULTANT

REDWOOD PRIVATE SECURITY, LP
Signature
Jason Berckart
Chief Executive Officer
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17 Packet Page. 181
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21 Packet Page. 185
22 Scope of Services – Security Coverage
Contractor shall provide security guard services at the School of Hope facility located at 796 E. 6th Street. Services shall be performed Monday through Friday from 4:30 PM to 6:30 AM, and on a continuous twenty-four (24) hour basis during weekends and recognized holidays. All services shall be performed in accordance with the terms and conditions of this Agreement.

Compensation and Billing Rates
Contractor shall be compensated for services rendered in accordance with the following bill rates, effective through November 30, 2026: a regular hourly rate of $31.61 and a holiday/overtime hourly rate of $47.42. The average monthly cost for services during this period is estimated at $16,572. Actual compensation shall be based on the number of hours worked and invoiced in accordance with these rates.

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City of San Bernardino

EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 1 of 2
SECTION 1: GENERAL INFORMATION
VENDOR NAME: ITEM DESCRIPTION:

SECTION 2: FORMS OF EXEMPT PURCHASES
This form documents purchases exempt from competitive bidding under San Bernardino Municipal Code Section 3.04. All exemptions require written justification, appropriate documentation, and approval at the designated authorization level. A current quote showing scope, pricing, and duration must be attached. Select the applicable exemption type below.

SOLE/SINGLE SOURCE: Only one supplier can reasonably meet the department’s needs due to proprietary technology, required compatibility with existing systems, standardization, or a demonstrated track record of successful performance. Written justification and market research are required. ▪ Must demonstrate proprietary technology, exclusive licensing, or specialized performance requirements. ▪ Price cannot be the sole factor in determining sole source status. ▪ Requires market research documentation to substantiate the claim. ➢ Complete all of Section 3 (Questions 3.1–3.4).

COOPERATIVE AGREEMENT/PIGGYBACK: Procurement is being made under a cooperative purchasing agreement, leveraging an existing government contract to secure competitive pricing.

CONTRACT SOURCE: _____________________________ CONTRACT NUMBER: ______________________ ▪ Requires verification from the Purchasing Division before use.

EMERGENCY PURCHASE (Defined under San Bernardino Municipal Code 3.04.070): An urgent, unforeseen situation requiring immediate action to prevent or mitigate threats to life, health, property, or essential public services.
▪ Approval Required: Must be reported to the City Manager and City Council.

GRANT-DIRECTED: A procurement mandated by the terms of a grant agreement, such as a required vendor, specific product, or purchasing method identified in the grant award or funding conditions. Requires review by Grants Management and/or Legal.
▪ Must cite specific grant language supporting the exemption. ➢ Attach a copy of the grant agreement or relevant excerpt. ➢ Complete Questions 3.1 and 3.3, if applicable.

CONFIDENTIAL PROCUREMENT (Limited to City Attorney & Human Resources): The procurement involves sensitive or legally protected information that cannot be publicly disclosed. ▪ Must be reviewed by the City Attorney’s Office for legal compliance. ➢ Attach a memo or other supporting documentation as applicable.

SECTION 3: JUSTIFICATION FOR EXEMPT PROCUREMENT

3.1 Why is the acquisition restricted to this good/service/supplier? ➢ Complete Section 5: Additional Comments. Provide justification with specific details of the emergency event/needs including immediate action taken or to be taken. ➢ Must provide Purchasing with required back-up documents within 45 days of purchase or service. ➢ Complete Questions 3.1 and 3.3, if applicable.

Redwood Private Security LP Security Services Hope Camp Citywide PSA The City currently maintains an active Professional Services Agreement (PSA) with Redwood Private Security, LP, which was competitively procured through a formal Request for Proposals (RFP). The requested services represent an expansion in the level of service (nights, weekends, and holidays) at an existing service location (Navigation Center construction site) already covered under the original agreement. Utilizing Redwood Private Security ensures continuity of services, operational efficiency, and consistency in service delivery, as the contractor is already familiar with City protocols, reporting systems, and site-specific requirements. The additional services will be provided at the same competitively bid hourly rates established through the original RFP process, eliminating the need for a new procurement.
✔
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City of San Bernardino

EXEMPT PURCHASE JUSTIFICATION FORM
Finance Department
Purchasing Division
Updated June 2025 Page 2 of 2

3.2 Describe the uniqueness of the purchase (why was the good/service/supplier chosen?)

3.3 What are the consequences of not purchasing the good/service or contracting with the proposed supplier?

3.4 Summarize the market research conducted, including efforts to identify alternatives and determine price reasonableness.

Include supplier contacts, past purchase comparisons, or explain if no search was carried out.

SECTION 4: AUTHORIZING SIGNATURES
By signing below, I certify that I am authorized to submit this request, that it complies with the City’s procurement policies and MC §3.04, and that the selected vendor meets all qualification, pricing, and regulatory requirements. I understand that purchases over $100,000 require City Council approval, regardless of exemption. _________________________________ _______________
Department Head Date
Approved
_________________________________ _______________
Purchasing Manager (Up to $50,000) Date
Not Approved
Approved
_________________________________ _______________
City Manager (Up to $100,000) Date
Not Approved
SECTION 5: ADDITIONAL COMMENTS
For emergency purchases, cite the purchasing policy for emergency type: (1) a public calamity; (2) an immediate need to prepare for national or local defense; (3) the breakdown of machinery or equipment causing a service impediment requiring immediate resolution; (4) a hazard to public health or welfare; or (5) situation in which the City will be unable to perform services for the public. Attach additional page(s) for expanded narrative, if necessary.

Redwood Private Security was selected through a formal RFP process and has demonstrated successful performance under the existing PSA. The firm provides trained personnel, established reporting systems (TrackTik), and the ability to immediately scale services to meet expanded operational needs. The requested services are not a new scope category but an increased level of service (extended hours and coverage) within the existing contract framework. Maintaining the same contractor avoids duplication of administrative efforts, reduces transition risks, and ensures seamless continuation of security operations at a critical City construction site.

Failure to approve this procurement would result in insufficient security coverage at the Navigation Center construction site during high-risk periods (nights, weekends, and holidays). This would increase the risk of trespassing, theft, vandalism, and potential safety hazards. Additionally, initiating a new procurement process would delay implementation of necessary security services, creating a gap in coverage and exposing the City to liability and potential project disruptions.

The original PSA with Redwood Private Security, LP was awarded through a competitive RFP process, establishing fair and reasonable market pricing for security services. The additional services will be provided at the same hourly rates ($31.61 regular and $47.42 holiday/OT) that were competitively bid and approved. Given that this request is for expanded service levels under an existing competitively procured agreement, no additional market research was necessary. The use of the existing PSA ensures continued compliance with procurement standards while maintaining cost efficiency.

This request supports ongoing construction operations at the Navigation Center by providing necessary after-hours security coverage.

The procurement leverages an existing agreement to ensure timely implementation, cost control, and continuity of service without disruption. This was approved on an emergency basis due to vandalism on the site within hours of the jobsite trailer being placed.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: Economic Development
Subject: Authorization to Proceed with an Easement Vacation of a Public Utility Easement located within San Bernardino
Valley College (Ward 3)
Recommendation:

City Manager's Comments
The City Manager recommends approval of the proposed easement vacation of a public utility easement.

Executive Summary
A petition to vacate a public utility easement located within San Bernardino Valley College was received on April 3, 2026, from San Bernardino Valley College. The stated reason for the petition to vacate this public utility easement is due to the existing easement is no longer necessary for public use since no public utilities are known to be located within the easement area.

Background
Streets and Highways Code (SHC) section 8312, gives a city legislative body the power to vacate all or part of an alley and sets forth the procedures by which the power to vacate may be executed. The requested street vacation would be conducted under the General Vacation Procedures outlined in SHC sections 8320 through 8325. First, a legislative body may initiate proceedings either on its own initiative or upon a petition or request of an interested person or persons. The initiation of proceedings starts with fixing the date, hour, and place of the hearing, followed by publishing and posting of notices prior to the hearing. After the hearing, if the legislative body finds that the street Packet Page. 330
described in the notice of hearing or petition is unnecessary for present or prospective public use, the legislative body may adopt a resolution vacating the street. The street vacation is then recorded with the County Recorder’s office.

A petition to vacate a public utility easement located within San Bernardino Valley College was received on April 3, 2026, from San Bernardino Valley College. The stated reason for the petition to vacate this public utility easement is due to the existing easement is no longer necessary for public use since no public utilities are known to be located within the easement area.

Discussion
If authorization is given to proceed, an investigation and analysis will begin and all City departments, County Fire, utilities, and affected property owners will be notified of the proposal and will be provided an opportunity to comment on any conflicts and/or potential issues or concerns.

Future actions by the City will consist of:

• Resolution of Intention by the Mayor and City Council setting a Public Hearing pursuant to Streets and Highway Code Section 8320
• Publication of Notices of Vacation pursuant to Streets and Highways Code Sections 8322 & 8323
• Public Hearing and Resolution of Vacation pursuant to Streets and Highways Code Section 8324
• Recordation of the Resolution of Vacation pursuant to Streets and Highways Code Section 8325
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 2d: Develop and implement a community engagement plan. Public Hearings conducted in response to requests for street vacations provide an opportunity for surrounding property owners and members of the public to engage with the Mayor and City Council, provide input through public comments, and share in the discussion regarding vacating the public right of way.

Fiscal Impact
There is no fiscal impact associated with this action. The applicant has paid $1,020 in fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, authorize staff to proceed with an investigation and analysis for the proposed vacation of a public utility easement located within San Bernardino Valley College.

Attachments
Attachment 1 - Petition
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Attachment 2 - Preliminary Title Report
Attachment 3 - Legal Description and Plat Map
Attachment 4 - Aerial Map
Ward:

Third Ward
Synopsis of Previous Council Actions:

None
CC: Eric Levitt, City Manager

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Commonwealth Land Title Company
601 S. Figueroa Street, Suite 4000
Los Angeles, CA 90017
Phone: (800) 432-0706
San Bernardino Community College District
560 E. Hospitality Ln. Suite 200
San Bernardino, CA 92408
Attn: Erka Menge
Your Reference No:

Our File No: 01911395
Title Officer: Kathy Religioso
e-mail: [email protected]
Phone: (213) 330-2330
Fax: (213) 330-3105
Property Address: District Title 2, San Bernardino, California

AMENDED PRELIMINARY REPORT
Dated as of August 18, 2025 at 7:30 a.m., Amendment Date: September 5, 2025, Amendment No.: 1 In response to the application for a policy of title insurance referenced herein, Commonwealth Land Title Company hereby reports that it is prepared to issue, or cause to be issued, as of the date hereof, a policy or policies of title insurance describing the land and the estate or interest therein hereinafter set forth, insuring against loss which may be sustained by reason of any defect, lien or encumbrance not shown or referred to as an exception herein or not excluded from coverage pursuant to the printed Schedules, Conditions and Stipulations or Conditions of said policy forms.

The printed Exceptions and Exclusions from the coverage and Limitations on Covered Risks of said policy or policies are set forth in Attachment One. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than that set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. Limitation on Covered Risks applicable to the CLTA and ALTA Homeowner's Policies of Title Insurance which establish a Deductible Amount and a Maximum Dollar Limit of Liability for certain coverages are also set forth in Attachment One.

Copies of the policy forms should be read. They are available from the office which issued this report.

The policy(s) of title insurance to be issued hereunder will be policy(s) of Commonwealth Land Title Insurance Company.

Please read the exceptions shown or referred to below and the exceptions and exclusions set forth in Attachment One of this report carefully. The exceptions and exclusions are meant to provide you with notice of matters which are not covered under the terms of the title insurance policy and should be carefully considered. It is important to note that this preliminary report is not a written representation as to the condition of title and may not list all liens, defects, and encumbrances affecting title to the land.

This report (and any supplements or amendments hereto) is issued solely for the purpose of facilitating the issuance of a policy of title insurance and no liability is assumed hereby. If it is desired that liability be assumed prior to the issuance of a policy of title insurance, a Binder or Commitment should be requested.

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Order No: 01911395-919-KRC-KRE-1

AMENDED PRELIMINARY REPORT
EFFECTIVE DATE: August 18, 2025 at 7:30 a.m., Amended: September 5, 2025, Amendment No. 1
ORDER NO.: 01911395-919-KRC-KRE
The form of policy or policies of title insurance contemplated by this report is:

ALTA Extended Loan Policy of Title Insurance (6-17-06)

1. THE ESTATE OR INTEREST IN THE LAND HEREINAFTER DESCRIBED OR REFERRED TO COVERED BY THIS REPORT IS:

A FEE

2. TITLE TO SAID ESTATE OR INTEREST AT THE DATE HEREOF IS VESTED IN:

SAN BERNARDINO VALLEY JOINT UNION JUNIOR COLLEGE DISTRICT OF SAN BERNARDINO AND RIVERSIDE COUNTY, as to Parcels 1, 2 and 3 and Lots 3, 5 and 8 of Parcel 7;

SAN BERNARDINO VALLEY JOINT UNION JUNIOR COLLEGE DISTRICT OF SAN BERNARDINO AND RIVERSIDE COUNTIES, as to Parcel 4 and Lots 7 and 9 of Parcel 7;

SAN BERNARDINO VALLEY JOINT UNION JUNIOR COLLEGE DISTRICT OF SAN BERNARDINO AND RIVERSIDE COUNTIES, a body politic, as to Parcel 5; and SAN BERNARDINO VALLEY JOINT UNION JUNIOR COLLEGE DISTRICT, as to Parcel 6 and Lots 1, 2, 4 and 6 of Parcel 7

3. THE LAND REFERRED TO IN THIS REPORT IS DESCRIBED AS FOLLOWS:

See Exhibit A attached hereto and made a part hereof.

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Order No: 01911395-919-KRC-KRE-1

EXHIBIT A

LEGAL DESCRIPTION

ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE CITY OF SAN BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

PARCEL 1:

LOTS 11, 13, 18, 56, 58, 64, 68, 69, 70 AND 71 OF TRACT NO. 2227, JUNIOR COLLEGE HEIGHTS, IN THE CITY OF SAN BERNARDINO, AS SHOW ON MAP RECORDED IN BOOK 31, PAGES 99 AND 100 OF MAPS,

IN THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER

WITH THAT PORTION OF EUREKA STREET AND COLLEGE DRIVE, ABUTTING SAID LAND VACATED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, BY RESOLUTION NO. 7153, RECORDED MAY 1, 1964 IN BOOK 6140, PAGE 900, OF OFFICIAL RECORDS, WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND BY OPERATION OF LAW.

APN: 0141-091-06-0-000, APN: 0141-091-08-0-000 AND A PORTION OF APN: 0141-091-39-0-000 PARCEL 2:

LOTS 59 AND 60 OF TRACT NO. 2227, JUNIOR COLLEGE HEIGHTS, IN THE CITY OF SAN BERNARDINO, AS SHOWN ON MAP RECORDED IN BOOK 31, PAGES 99 AND 100 OF MAPS, IN THE OFFICE OF THE

COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER WITH THAT PORTION

OF COLLEGE DRIVE ABUTTING SAID LAND VACATED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, BY RESOLUTION NO. 7153, RECORDED MAY 1, 1964 IN BOOK 6140, PAGE 900, OF OFFICIAL RECORDS, WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND BY OPERATION OF LAW.

EXCEPT THE EAST 4 FEET OF LOT 60.

PORTION OF APN: 0141-091-39-0-000
PARCEL 3:

LOT 61 AND THE EAST 4 FEET OF LOT 60 OF TRACT NO. 2227, JUNIOR COLLEGE HEIGHTS, IN THE CITY OF SAN BERNARDINO, AS SHOWN ON MAP RECORDED IN BOOK 31, PAGES 99 AND 100 OF MAPS, IN

THE OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER

WITH THAT PORTION OF COLLEGE DRIVE ABUTTING SAID LAND VACATED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, BY RESOLUTION NO. 7153, RECORDED MAY 1, 1964 IN BOOK 6140, PAGE 900, OF OFFICIAL RECORDS, WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND BY OPERATION OF LAW.

PORTION OF APN: 0141-091-39-0-000
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Order No: 01911395-919-KRC-KRE-1
PARCEL 4:

LOTS 57, 62, 63 AND 67 OF TRACT NO. 2227, JUNIOR COLLEGE HEIGHTS, IN THE CITY OF SAN BERNARDINO, AS SHOWN ON MAP RECORDED IN BOOK 31, PAGES 99 AND 100 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER WITH

THAT PORTION OF EUREKA STREET AND COLLEGE DRIVE ABUTTING SAID LAND VACATED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, BY RESOLUTION NO. 7153, RECORDED MAY 1, 1964 IN BOOK 6140, PAGE 900, OF OFFICIAL RECORDS, WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND BY OPERATION OF LAW.

PORTION OF APN: 0141-091-39-0-000
PARCEL 5:

LOTS 10, 12 AND 72 OF TRACT NO. 2227, JUNIOR COLLEGE HEIGHTS, IN THE CITY OF SAN BERNARDINO, AS SHOWN ON MAP RECORDED IN BOOK 31, PAGES 99 AND 100 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER WITH

THAT PORTION OF COLLEGE DRIVE ABUTTING SAID LAND VACATED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, IN RESOLUTION NO. 7153, RECORDED MAY 1, 1964 IN BOOK 6140, PAGE 900, OF OFFICIAL RECORDS, WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND BY OPERATION OF LAW.

APN: 0141-091-07-0-000, APN: 0141-091-09-0-000 AND A PORTION OF APN: 0141-091-39-0-000 PARCEL 6:

LOTS 14, 15, 16, 17, 65, 66 AND 73 OF TRACT NO. 2227, JUNIOR COLLEGE HEIGHTS, IN THE CITY OF SAN BERNARDINO, AS SHOWN ON MAP RECORDED IN BOOK 31, PAGES 99 AND 100 OF MAPS, IN THE

OFFICE OF THE COUNTY RECORDER OF SAN BERNARDINO COUNTY, CALIFORNIA, TOGETHER WITH

THAT PORTION OF COLLEGE DRIVE ABUTTING SAID LAND, VACATED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, BY RESOLUTION NO. 7153, RECORDED MAY 1, 1964 IN BOOK 6140, PAGE 900, OF OFFICIAL RECORDS, WHICH WOULD PASS WITH A LEGAL CONVEYANCE OF SAID LAND BY OPERATION OF LAW.

APN: 0141-091-02-0-000, APN: 0141-091-03-0-000, APN: 0141-091-04-0-000, APN: 0141-091-05-0-000 AND A PORTION OF APN: APN: 0141-091-39-0-000
PARCEL 7:

LOTS 1, 2, ,3 ,4 ,5, 6, 7, 8 AND 9, TRACT NO. 2227, JUNIOR COLLEGE HEIGHTS, IN THE CITY OF SAN BERNARDINO, AS PER PLAT THEREOF RECORDED IN BOOK 31, PAGES 99 AND 100 OF MAPS, RECORDS OF SAID COUNTY.

APN: 0141-091-10-0-000, APN: 0141-091-11-0-000, APN: 0141-091-12-0-000, APN: 0141-091-13-0-000, APN:
0141-091-14-0-000, APN: 0141-091-15-0-000, APN: 0141-091-16-0-000, APN: 0141-091-17-0-000, AND APN:
0141-091-18-0-000
Packet Page. 338
Order No: 01911395-919-KRC-KRE-1

EXCEPTIONS

AT THE DATE HEREOF, ITEMS TO BE CONSIDERED AND EXCEPTIONS TO COVERAGE IN ADDITION TO THE PRINTED EXCEPTIONS AND EXCLUSIONS IN SAID POLICY FORM WOULD BE AS FOLLOWS:

A. Property taxes, which are a lien not yet due and payable, including any assessments collected with taxes to be levied for the fiscal year 2025 - 2026.

B. There were no taxes levied for the fiscal year 2024 - 2025 as the property was vested in a public entity.

Affects: APN: 0141-091-02-0-000, APN: 0141-091-03-0-000, APN: 0141-091-04-0-000, APN:
0141-091-05-0-000, APN: 0141-091-06-0-000, APN: 0141-091-07-0-000, APN: 0141- 091-08-0-000, APN: 0141-091-09-0-000, APN: 0141-091-39-0-000, APN: 0141-091-10- 0-000, APN: 0141-091-11-0-000, APN: 0141-091-12-0-000; APN: 0141-091-13-0-000; APN: 0141-091-14-0-000; APN: 0141-091-15-0-000; APN: 1041-091-16-0-000; APN:
1041-091-17-0-000 and 1041-091-18-0-000
C. The lien of supplemental or escaped assessments of property taxes, if any, made pursuant to the provisions of Chapter 3.5 (commencing with Section 75) or Part 2, Chapter 3, Articles 3 and 4, respectively, of the Revenue and Taxation Code of the State of California as a result of the transfer of title to the vestee named in Schedule A or as a result of changes in ownership or new construction occurring prior to Date of Policy.

1. Water rights, claims or title to water, whether or not disclosed by the public records.

2. Easement(s) in favor of the public over any existing roads lying within said Land.

3. Easement(s) for the purpose(s) shown below and rights incidental thereto, as delineated on or as offered for dedication on
Map/Plat: Tract No. 2227, Junior College Heights
Recording No: Book 31, Pages 99 and 100, of Maps
Purpose: Public utilities
Affects: As shown therein.

4. Covenants, conditions and restrictions but omitting any covenants or restrictions, if any, including but not limited to those based upon age, race, color, religion, sex, gender, gender identity, gender expression, sexual orientation, marital status, national origin, ancestry, familial status, source of income, disability, veteran or military status, genetic information, medical condition, citizenship, primary language, and immigration status, as set forth in applicable state or federal laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth in the document
Recording Date: May 11, 1927
Recording No: Book 229, Page 148, of Official Records
Said covenants, conditions and restrictions provide that a violation thereof shall not defeat the lien of any mortgage or deed of trust made in good faith and for value.

5. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of San Bernardino, a municipal corporation Purpose: Street and highway
Recording Date: March 19, 1964
Recording No: Book 6111, Page 778, of Official Records
Affects: As shown therein.

Packet Page. 339
Order No: 01911395-919-KRC-KRE-1

EXCEPTIONS
(Continued)

6. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: City of San Bernardino, a municipal corporation Purpose: Drainage and appurtenant facilities
Recording Date: April 23, 1975
Recording No: 314, Book 8663, Page 488, of Official Records Affects: As shown therein.

7. The Land described herein is included within a project area of the Redevelopment Agency shown below, and that proceedings for the redevelopment of said project have been instituted under the Redevelopment Law (such redevelopment to proceed only after the adoption of the Redevelopment Plan) as disclosed by a document.

Redevelopment Agency: Mount Vernon Redevelopment Project Area Recording Date: February 13, 2007
Recording No: 2007-0095340, of Official Records

8. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters shown on Map: Record of Survey Map No. 10-148
Recording Date: January 19, 2011
Recording No: Book 145, Pages 52 and 53, of Record of Surveys

9. Any irregularities, reservations, easements or other matters in the proceedings occasioning the abandonment or vacation of the street/road shown below:

Name: College Drive and Eureka Street
Recording Date: May 1, 1964
Recording No: Book 6140, Page 900, of Official Records
Affects: As shown therein.

10. Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:

Granted to: The City of San Bernardino
Purpose: Underground pipelines for the transportation of water, and all pipes, conduits, manholes, structures and equipment necessary or convenient thereto Recording Date: May 5, 2004
Recording No: 2004-0314190, of Official Records
Affects: Portions of the Land, the exact location of which can be determined by examination of the above-mentioned instrument, which contains a complete legal description of the affected portions of said Land.

11. Please be advised that our search did not disclose any open Deeds of Trust of record. If you should have knowledge of any outstanding obligation, please contact the Title Department immediately for further review prior to closing.

12. Any rights of the parties in possession of a portion of, or all of, said Land, which rights are not disclosed by the public records.

The Company will require, for review, a full and complete copy of any unrecorded agreement, contract, license and/or lease, together with all supplements, assignments and amendments thereto, before issuing any policy of title insurance without excepting this item from coverage.

The Company reserves the right to except additional items and/or make additional requirements after reviewing said documents.

Packet Page. 340
Order No: 01911395-919-KRC-KRE-1

EXCEPTIONS
(Continued)

13. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other matters which a correct survey would disclose and which are not shown by the public records.

14. Any easements not disclosed by the public records as to matters affecting title to real property, whether or not said easements are visible and apparent.

15. Matters which may be disclosed by an inspection and/or by a correct ALTA/NSPS Land Title Survey of said Land that is satisfactory to the Company, and/or by inquiry of the parties in possession thereof.

16. The transaction contemplated in connection with this Report is subject to the review and approval of the Company’s Corporate Underwriting Department. The Company reserves the right to add additional items or make further requirements after such review.

PLEASE REFER TO THE “INFORMATIONAL NOTES” AND “REQUIREMENTS” SECTIONS WHICH FOLLOW FOR INFORMATION NECESSARY TO COMPLETE THIS TRANSACTION.

END OF EXCEPTIONS
Packet Page. 341
Order No: 01911395-919-KRC-KRE-1

REQUIREMENTS SECTION

1. Furnish for review a full and complete copy of any unrecorded agreement, contract, license and/or lease together with all supplements, assignments and amendments thereto, prior to the close of this transaction.

The Company reserves the right to add additional items or make further requirements after review of the requested documentation.

2. The requirement for submission to this Company of a resolution of the governing body of the San Bernardino Valley Joint Union Junior College District of San Bernardino and Riverside County authorizing the transaction for which this report has been requested together with a copy of such corporation’s by laws. The resolution must designate the officers authorized to execute on the corporation’s behalf.

3. Unrecorded matters which may be disclosed by an Owner’s Affidavit or Declaration. A form of the Owner’s Affidavit/Declaration is attached to this Preliminary Report/Commitment. This Affidavit/Declaration is to be completed by the record owner of the land and submitted for review prior to the closing of this transaction. Your prompt attention to this requirement will help avoid delays in the closing of this transaction. Thank you.

The Company reserves the right to add additional items or make further requirements after review of the requested Affidavit/Declaration.

4. The requirement for submission to this Company of a resolution of the governing body of the San Bernardino Valley Joint Union Junior College District of San Bernardino and Riverside Counties authorizing the transaction for which this report has been requested together with a copy of such corporation’s by laws. The resolution must designate the officers authorized to execute on the corporation’s behalf.

5. The requirement for submission to this Company of a resolution of the governing body of the San Bernardino Valley Joint Union Junior College District authorizing the transaction for which this report has been requested together with a copy of such corporation’s by laws. The resolution must designate the officers authorized to execute on the corporation’s behalf.

END OF REQUIREMENTS
Packet Page. 342
Order No: 01911395-919-KRC-KRE-1

INFORMATIONAL NOTES SECTION

1. Note: The name(s) of the proposed insured(s) furnished with this application for title insurance is/are: No names were furnished with the application. Please provide the name(s) of the buyers as soon as possible.

2. Note: The charge for a policy of title insurance, when issued through this title order, will be based on the Basic Title Insurance Rate.

3. Notice: Please be aware that due to the conflict between federal and state laws concerning the cultivation, distribution, manufacture or sale of marijuana, the Company is not able to close or insure any transaction involving Land that is associated with these activities.

4. The application for title insurance was placed by reference to only a street address or tax identification number.

The proposed Insured must confirm that the legal description in this report covers the parcel(s) of Land requested to be insured. If the legal description is incorrect, the proposed Insured must notify the Company and/or the settlement company in order to prevent errors and to be certain that the legal description for the intended parcel(s) of Land will appear on any documents to be recorded in connection with this transaction and on the policy of title insurance.

5. Note: If a county recorder, title insurance company, escrow company, real estate broker, real estate agent or association provides a copy of a declaration, governing document or deed to any person, California law requires that the document provided shall include a statement regarding any unlawful restrictions. Said statement is to be in at least 14-point bold face type and may be stamped on the first page of any document provided or included as a cover page attached to the requested document. Should a party to this transaction request a copy of any document reported herein that fits this category, the statement is to be included in the manner described.

6. Note: Any documents being executed in conjunction with this transaction must be signed in the presence of an authorized Company employee, an authorized employee of a Company agent, an authorized employee of the insured lender, or by using Bancserv or other Company-approved third-party service. If the above requirement cannot be met, please call the Company at the number provided in this report.

7. Pursuant to Government Code Section 27388.1, as amended and effective as of 1-1-2018, a Documentary Transfer Tax (DTT) Affidavit may be required to be completed and submitted with each document when DTT is being paid or when an exemption is being claimed from paying the tax. If a governmental agency is a party to the document, the form will not be required. DTT Affidavits may be available at a Tax Assessor-County ClerkRecorder.

8. Note: The policy of title insurance will include an arbitration provision. The Company or the insured may demand arbitration. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. Please ask your escrow or title officer for a sample copy of the policy to be issued if you wish to review the arbitration provisions and any other provisions pertaining to your Title Insurance coverage.

9. Due to the special requirements of SB 50 (California Public Resources Code Section 8560 et seq.), any transaction that includes the conveyance of title by an agency of the United States must be approved in advance by the Company’s State Counsel, Regional Counsel, or one of their designees.

10. Note: There are NO conveyances affecting said Land recorded within 24 months of the date of this report.

END OF INFORMATIONAL NOTES
Kathy Religioso/q37
Packet Page. 343
Wire Fraud Alert Page 1
Original Effective Date: 5/11/2017
Current Version Date: 5/11/2017 WIRE0016 (DSI Rev. 12/07/17) TM and © Fidelity National Financial, Inc. and/or an affiliate. All rights reserved Wire Fraud Alert
This Notice is not intended to provide legal or professional advice. If you have any questions, please consult with a lawyer.

All parties to a real estate transaction are targets for wire fraud and many have lost hundreds of thousands of dollars because they simply relied on the wire instructions received via email, without further verification. If funds are to be wired in conjunction with this real estate transaction, we strongly recommend verbal verification of wire instructions through a known, trusted phone number prior to sending funds.

In addition, the following non‐exclusive self‐protection strategies are recommended to minimize exposure to possible wire fraud.
 NEVER RELY on emails purporting to change wire instructions. Parties to a transaction rarely change wire instructions in the course of a transaction.
 ALWAYS VERIFY wire instructions, specifically the ABA routing number and account number, by calling the party who sent the instructions to you. DO NOT use the phone number provided in the email containing the instructions, use phone numbers you have called before or can otherwise verify. Obtain the phone number of relevant parties to the transaction as soon as an escrow account is opened. DO NOT send an email to verify as the email address may be incorrect or the email may be intercepted by the fraudster.  USE COMPLEX EMAIL PASSWORDS that employ a combination of mixed case, numbers, and symbols. Make your passwords greater than eight (8) characters. Also, change your password often and do NOT reuse the same password for other online accounts.
 USE MULTI-FACTOR AUTHENTICATION for email accounts. Your email provider or IT staff may have specific instructions on how to implement this feature.

For more information on wire‐fraud scams or to report an incident, please refer to the following links:

Federal Bureau of Investigation: Internet Crime Complaint Center:
http://www.fbi.gov http://www.ic3.gov
Packet Page. 344
Commonwealth Land Title Company
601 S. Figueroa Street, Suite 4000
Los Angeles, CA 90017
Phone: (800) 432-0706
Notice of Available Discounts (Rev. 04-11-24) Last Saved: September 5, 2025 by Q38 MISC0343 (DSI Rev. 04/18/24) Order No.: 01911395-919-KRC-KRE Notice of Available Discounts
Pursuant to Section 2355.3 in Title 10 of the California Code of Regulations Fidelity National Financial, Inc. and its subsidiaries ("FNF") must deliver a notice of each discount available under our current rate filing along with the delivery of escrow instructions, a preliminary report or commitment. Please be aware that the provision of this notice does not constitute a waiver of the consumer's right to be charged the filed rate. As such, your transaction may not qualify for the below discounts.

You are encouraged to discuss the applicability of one or more of the below discounts with a Company representative. These discounts are generally described below; consult the rate manual for a full description of the terms, conditions and requirements for such discount. These discounts only apply to transactions involving services rendered by the FNF Family of Companies. This notice only applies to transactions involving property improved with a one-to-four family residential dwelling.

Not all discounts are offered by every FNF Company. The discount will only be applicable to the FNF Company as indicated by the named discount.

FNF Underwritten Title Company Underwritten by FNF Underwriters CTC – Chicago Title company CTIC – Chicago Title Insurance Company CLTC – Commonwealth Land Title Company CLTIC - Commonwealth Land Title Insurance Company FNTC – Fidelity National Title Company of California FNTIC – Fidelity National Title Insurance Company FNTCCA - Fidelity National Title Company of California CTIC – Chicago Title Insurance Company TICOR – Ticor Title Company of California
LTC – Lawyer’s Title Company
SLTC – ServiceLink Title Company
Available Discounts

DISASTER LOANS (CTIC, CLTIC, FNTIC)
The charge for a Lender's Policy (Standard or Extended coverage) covering the financing or refinancing by an owner of record, within twenty-four (24) months of the date of a declaration of a disaster area by the government of the United States or the State of California on any land located in said area, which was partially or totally destroyedin the disaster, will be fifty percent (50%) of the appropriatetitle insurance rate.

CHURCHES OR CHARITABLE NON-PROFIT ORGANIZATIONS (CTIC, FNTIC) On properties used as a church or for charitable purposes within the scope of the normal activities of such entities, provided said charge is normally the church's obligation the charge for an owner's policy shall be fifty percent (50%) to seventy percent (70%) of the appropriate title insurance rate, depending on the type of coverage selected. The charge for a lender's policy shall be forty (40%) to fifty percent (50%) of the appropriate title insurance rate, depending on the type of coverage selected.

MILITARY DISCOUNT RATE
Upon the Company being advised in writing and prior to the closing of the transaction that an active duty, honorably separated, or retired member of the United States Military or Military Reserves or National Guard is acquiring or selling an owner occupied one-to-four family property, the selling owner or acquiring buyer, as applicable, will be entitled to a discount equal to 15% of the otherwise applicable rates such party would be charged for title insurance policies.

Minimum charge: $425.00
The Company may require appropriate proof of eligibility from the parties to the transaction verifying they are entitled to the discount as described. No other discounts or special rates, or combination of discounts or special rates, shall be applicable.

Packet Page. 345

FNF Privacy Statement (Eff. December 1, 2023) Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 12/13/2023) Page 1 Order No. 01911395-919-KRC-KRE FIDELITY NATIONAL FINANCIAL, INC.

PRIVACY NOTICE
Effective December 1, 2023
Fidelity National Financial, Inc. and its majority-owned subsidiary companies (collectively, “FNF,” “our,” or “we”) respect and are committed to protecting your privacy. This Privacy Notice explains how we collect, use, and protect personal information, when and to whom we disclose such information, and the choices you have about the use and disclosure of that information.

A limited number of FNF subsidiaries have their own privacy notices. If a subsidiary has its own privacy notice, the privacy notice will be available on the subsidiary’s website and this Privacy Notice does not apply.

Collection of Personal Information
FNF may collect the following categories of Personal Information:
 contact information (e.g., name, address, phone number, email address);  demographic information (e.g., date of birth, gender, marital status);  identity information (e.g. Social Security Number, driver’s license, passport, or other government ID number);  financial account information (e.g. loan or bank account information); and  other personal information necessary to provide products or services to you.

We may collect Personal Information about you from:
 information we receive from you or your agent;
 information about your transactions with FNF, our affiliates, or others; and  information we receive from consumer reporting agencies and/or governmental entities, either directly from these entities or through others.

Collection of Browsing Information
FNF automatically collects the following types of Browsing Information when you access an FNF website, online service, or application (each an “FNF Website”) from your Internet browser, computer, and/or device:
 Internet Protocol (IP) address and operating system;
 browser version, language, and type;
 domain name system requests; and
 browsing history on the FNF Website, such as date and time of your visit to the FNF Website and visits to the pages within the FNF Website.

Like most websites, our servers automatically log each visitor to the FNF Website and may collect the Browsing Information described above. We use Browsing Information for system administration, troubleshooting, fraud investigation, and to improve our websites.

Browsing Information generally does not reveal anything personal about you, though if you have created a user account for an FNF Website and are logged into that account, the FNF Website may be able to link certain browsing activity to your user account.

Other Online Specifics
Cookies. When you visit an FNF Website, a “cookie” may be sent to your computer. A cookie is a small piece of data that is sent to your Internet browser from a web server and stored on your computer’s hard drive. Information gathered using cookies helps us improve your user experience. For example, a cookie can help the website load properly or can customize the display page based on your browser type and user preferences. You can choose whether or not to accept cookies by changing your Internet browser settings. Be aware that doing so may impair or limit some functionality of the FNF Website.

Web Beacons. We use web beacons to determine when and how many times a page has been viewed. This information is used to improve our websites.

Do Not Track. Currently our FNF Websites do not respond to “Do Not Track” features enabled through your browser.

Links to Other Sites. FNF Websites may contain links to unaffiliated third-party websites. FNF is not responsible for the privacy practices or content of those websites. We recommend that you read the privacy policy of every website you visit.

Use of Personal Information
FNF uses Personal Information for these main purposes:
 To provide products and services to you or in connection with a transaction involving you.  To improve our products and services.
 To communicate with you about our, our affiliates’, and others’ products and services, jointly or independently.  To provide reviews and testimonials about our services, with your consent.

When Information Is Disclosed
We may disclose your Personal Information and Browsing Information in the following circumstances:
 to enable us to detect or prevent criminal activity, fraud, material misrepresentation, or nondisclosure;  to affiliated or nonaffiliated service providers who provide or perform services or functions on our behalf and who agree to use the information only to provide such services or functions; Packet Page. 346

FNF Privacy Statement (Eff. December 1, 2023) Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 12/13/2023) Page 2 Order No. 01911395-919-KRC-KRE  to affiliated or nonaffiliated third parties with whom we perform joint marketing, pursuant to an agreement with them to jointly market financial products or services to you;
 to law enforcement or authorities in connection with an investigation, or in response to a subpoena or court order; or  in the good-faith belief that such disclosure is necessary to comply with legal process or applicable laws, or to protect the rights, property, or safety of FNF, its customers, or the public.

The law does not require your prior authorization and does not allow you to restrict the disclosures described above. Additionally, we may disclose your information to third parties for whom you have given us authorization or consent to make such disclosure. We do not otherwise share your Personal Information or Browsing Information with nonaffiliated third parties, except as required or permitted by law.

We reserve the right to transfer your Personal Information, Browsing Information, and any other information, in connection with the sale or other disposition of all or part of the FNF business and/or assets, or in the event of bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of creditors. By submitting Personal Information and/or Browsing Information to FNF, you expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above-described proceedings.

Security of Your Information
We maintain physical, electronic, and procedural safeguards to protect your Personal Information.

Choices With Your Information
Whether you submit Personal Information or Browsing Information to FNF is entirely up to you. If you decide not to submit Personal Information or Browsing Information, FNF may not be able to provide certain services or products to you.

For California Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties, except as permitted by California law. For additional information about your California privacy rights, please visit the “California Privacy” link on our website (https://fnf.com/pages/californiaprivacy.aspx) or call (888) 413-1748.

For Connecticut Residents: For additional information about your Connecticut consumer privacy rights, or to make a consumer privacy request, or to appeal a previous privacy request, please email [email protected] or call (888) 714-2710.

For Colorado Residents: For additional information about your Colorado consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email [email protected] or call (888) 714-2710.

For Nevada Residents: We are providing this notice pursuant to state law. You may be placed on our internal Do Not Call List by calling FNF Privacy at (888) 714-2710 or by contacting us via the information set forth at the end of this Privacy Notice. For further information concerning Nevada’s telephone solicitation law, you may contact: Bureau of Consumer Protection, Office of the Nevada Attorney General, 555 E. Washington St., Suite 3900, Las Vegas, NV 89101; Phone number: (702) 486-3132; email:
[email protected].

For Oregon Residents: We will not share your Personal Information or Browsing Information with nonaffiliated third parties for marketing purposes, except after you have been informed by us of such sharing and had an opportunity to indicate that you do not want a disclosure made for marketing purposes.

For Utah Residents: For additional information about your Utah consumer privacy rights, or to make a consumer privacy request, please call (888) 714-2710.

For Vermont Residents: We will not disclose information about your creditworthiness to our affiliates and will not disclose your personal information, financial information, credit report, or health information to nonaffiliated third parties to market to you, other than as permitted by Vermont law, unless you authorize us to make those disclosures.

For Virginia Residents: For additional information about your Virginia consumer privacy rights, or to make a consumer privacy request, or appeal a previous privacy request, please email [email protected] or call (888) 714-2710.

Information From Children
The FNF Websites are not intended or designed to attract persons under the age of eighteen (18).We do not collect Personal Information from any person that we know to be under the age of thirteen (13) without permission from a parent or guardian.

International Users
FNF’s headquarters is located within the United States. If you reside outside the United States and choose to provide Personal Information or Browsing Information to us, please note that we may transfer that information outside of your country of residence. By providing FNF with your Personal Information and/or Browsing Information, you consent to our collection, transfer, and use of such information in accordance with this Privacy Notice.

FNF Website Services for Mortgage Loans
Certain FNF companies provide services to mortgage loan servicers, including hosting websites that collect customer information on behalf of mortgage loan servicers (the “Service Websites”). The Service Websites may contain links to both this Privacy Notice and the mortgage loan servicer or lender’s privacy notice. The sections of this Privacy Notice titled When Information is Disclosed, Choices with Packet Page. 347

FNF Privacy Statement (Eff. December 1, 2023) Copyright © 2023. Fidelity National Financial, Inc. All Rights Reserved MISC0219 (DSI Rev. 12/13/2023) Page 3 Order No. 01911395-919-KRC-KRE Your Information, and Accessing and Correcting Information do not apply to the Service Websites. The mortgage loan servicer or lender’s privacy notice governs use, disclosure, and access to your Personal Information. FNF does not share Personal Information collected through the Service Websites, except as required or authorized by contract with the mortgage loan servicer or lender, or as required by law or in the good-faith belief that such disclosure is necessary: to comply with a legal process or applicable law, to enforce this Privacy Notice, or to protect the rights, property, or safety of FNF or the public.

Your Consent to this Privacy Notice; Notice Changes
By submitting Personal Information and/or Browsing Information to FNF, you consent to the collection and use of the information in accordance with this Privacy Notice. We may change this Privacy Notice at any time. The Privacy Notice’s effective date will show the last date changes were made. If you provide information to us following any change of the Privacy Notice, that signifies your assent to and acceptance of the changes to the Privacy Notice.

Accessing and Correcting Information; Contact Us
If you have questions or would like to correct your Personal Information, visit FNF’s Privacy Inquiry Website or contact us by phone at (888) 714-2710, by email at [email protected], or by mail to:

Fidelity National Financial, Inc.
601 Riverside Avenue
Jacksonville, Florida 32204
Attn: Chief Privacy Officer
Packet Page. 348

Attachment One – CA (Rev. 11-04-22) Last Saved: 9/5/2025 1:06 PM by Q38 MISC0267 (DSI Rev. 3/16/23) Page 1 Order No. : 01911395-919-KRC-KRE

ATTACHMENT ONE

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE POLICY – 1990 (11-09-18)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of:

1. (a) Any law, ordinance or governmental regulation (including but not limited to building or zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien, or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy.

2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge.

3. Defects, liens, encumbrances, adverse claims or other matters:
(a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy.

4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with the applicable doing business laws of the state in which the land is situated.

5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law.

6. Any claim, which arises out of the transaction vesting in the insured the estate of interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART I
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of:

1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records.

Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records.

2. Any facts, rights, interests, or claims which are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession thereof.

3. Easements, liens or encumbrances, or claims thereof, not shown by the public records.

4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey would disclose, and which are not shown by the public records.

5. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (c) water rights, claims or title to water, whether or not the matters excepted under (a), (b) or (c) are shown by the public records.

6. Any lien or right to a lien for services, labor or material unless such lien is shown by the public records at Date of Policy.

EXCEPTIONS FROM COVERAGE - SCHEDULE B, PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here)

CALIFORNIA LAND TITLE ASSOCIATION
STANDARD COVERAGE OWNER’S POLICY (02-04-22)

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys’ fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6.

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:

Packet Page. 349

Attachment One – CA (Rev. 11-04-22) Last Saved: 9/5/2025 1:06 PM by Q38 MISC0267 (DSI Rev. 3/16/23) Page 2 Order No. : 01911395-919-KRC-KRE a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transaction vesting the Title as shown in Schedule A is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 9.b.

5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.

6. Any lien on the Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b.

7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage.

This policy does not insure against loss or damage and the Company will not pay costs, attorneys’ fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and the following matters:

PART I

1. (a) Taxes or assessments that are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the Public Records; (b) proceedings by a public agency that may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the Public Records.

2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land, or (b) asserted by persons or parties in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

4. Any encroachment, encumbrance, violation, variation, easement, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land and not shown by the Public Records at Date of Policy.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

7. Any claim to (a) ownership of or rights to minerals and similar substances, including but not limited to ores, metals, coal, lignite, oil, gas, uranium, clay, rock, sand, and gravel located in, on, or under the Land or produced from the Land, whether such ownership or rights arise by lease, grant, exception, conveyance, reservation, or otherwise; and (b) any rights, privileges, immunities, rights of way, and easements associated therewith or appurtenant thereto, whether or not the interests or rights excepted in (a) or (b) appear in the Public Records or are shown in Schedule B.

PART II
(Variable exceptions such as taxes, easements, CC&R’s, etc., are inserted here) CLTA/ALTA HOMEOWNER’S POLICY OF TITLE INSURANCE (07-01-2021)

EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy and We will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to:
i. the occupancy, use, or enjoyment of the Land;
ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or
iv. environmental remediation or protection.
b. any governmental forfeiture, police, or regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23, or 27.

2. Any power to take the Land by condemnation. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 17.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by You;
b. not Known to Us, not recorded in the Public Records at the Date of Policy, but Known to You and not disclosed in writing to Us by You prior to the date You became an Insured under this policy;
c. resulting in no loss or damage to You;
Packet Page. 350

Attachment One – CA (Rev. 11-04-22) Last Saved: 9/5/2025 1:06 PM by Q38 MISC0267 (DSI Rev. 3/16/23) Page 3 Order No. : 01911395-919-KRC-KRE d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 5,

8.f., 25, 26, 27, 28, or 32); or
e. resulting in loss or damage that would not have been sustained if You paid consideration sufficient to qualify You as a bona fide purchaser of the Title at the Date of Policy.

4. Lack of a right:
a. to any land outside the area specifically described and referred to in Item 3 of Schedule A; and b. in any street, road, avenue, alley, lane, right-of-way, body of water, or waterway that abut the Land.

Exclusion 4 does not modify or limit the coverage provided under Covered Risk 11 or 21.

5. The failure of Your existing structures, or any portion of Your existing structures, to have been constructed before, on, or after the Date of Policy in accordance with applicable building codes. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 14 or 15.

6. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights law, that the transfer of the Title to You is a:
a. fraudulent conveyance or fraudulent transfer;
b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer:
i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or
ii. for any other reason not stated in Covered Risk 30.

7. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

8. Negligence by a person or an entity exercising a right to extract or develop oil, gas, minerals, groundwater, or any other subsurface substance.

9. Any lien on Your Title for real estate taxes or assessments imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 9 does not modify or limit the coverage provided under Covered Risk 8.a. or 27.

10. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

LIMITATIONS ON COVERED RISKS
Your insurance for the following Covered Risks is limited on the Owner’s Coverage Statement as follows:
• For Covered Risk 16, 18, 19, and 21 Your Deductible Amount and Our Maximum Dollar Limit of Liability shown in Schedule A.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Your Deductible Amount
Our Maximum Dollar
Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$5,000.00
CLTA/ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (12-02-13)

EXCLUSIONS
In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from:

1. Governmental police power, and the existence or violation of those portions of any law or government regulation concerning:
a. building;
b. zoning;
c. land use;
d. improvements on the Land;
e. land division; and
f. environmental protection.

This Exclusion does not limit the coverage described in Covered Risk 8.a., 14, 15, 16, 18, 19, 20, 23 or 27.

2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not limit the coverage described in Covered Risk 14 or 15.

3. The right to take the Land by condemning it. This Exclusion does not limit the coverage described in Covered Risk 17.

4. Risks:
a. that are created, allowed, or agreed to by You, whether or not they are recorded in the Public Records; b. that are Known to You at the Policy Date, but not to Us, unless they are recorded in the Public Records at the Policy Date; c. that result in no loss to You; or
d. that first occur after the Policy Date - this does not limit the coverage described in Covered Risk 7, 8.e., 25, 26, 27 or 28.

5. Failure to pay value for Your Title.

6. Lack of a right:
a. to any land outside the area specifically described and referred to in paragraph 3 of Schedule A; and b. in streets, alleys, or waterways that touch the Land.

This Exclusion does not limit the coverage described in Covered Risk 11 or 21.

7. The transfer of the Title to You is invalid as a preferential transfer or as a fraudulent transfer or conveyance under federal bankruptcy, state insolvency, or similar creditors’ rights laws.

8. Contamination, explosion, fire, flooding, vibration, fracturing, earthquake, or subsidence.

9. Negligence by a person or an Entity exercising a right to extract or develop minerals, water, or any other substances.

The deductible amounts and maximum dollar limits shown on Schedule A are as follows:

Our Maximum Dollar
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Attachment One – CA (Rev. 11-04-22) Last Saved: 9/5/2025 1:06 PM by Q38 MISC0267 (DSI Rev. 3/16/23) Page 4 Order No. : 01911395-919-KRC-KRE Your Deductible Amount Limit of Liability
Covered Risk 16: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$10,000.00
Covered Risk 18: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$25,000.00
Covered Risk 19: 1.00% of Policy Amount Shown in Schedule A or $5,000.00 (whichever is less)
$25,000.00
Covered Risk 21: 1.00% of Policy Amount Shown in Schedule A or $2,500.00 (whichever is less)
$5,000.00
ALTA OWNER’S POLICY (07-01-2021)

2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7.

3. Any defect, lien, encumbrance, adverse claim, or other matter:
a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or
e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy.

5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8.

7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land.

NOTE: The 2021 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed as 1 through 7 below:

2. Any facts, rights, interests, or claims that are not shown by the Public Records at Date of Policy but that could be (a) ascertained by an inspection of the Land or (b) asserted by persons or parties in possession of the Land.

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

Attachment One – CA (Rev. 11-04-22) Last Saved: 9/5/2025 1:06 PM by Q38 MISC0267 (DSI Rev. 3/16/23) Page 5 Order No. : 01911395-919-KRC-KRE 2006 ALTA OWNER’S POLICY (06-17-06)

EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of:

1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6.

2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.

3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.

4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors’ rights laws, that the transaction vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.

5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.

EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage, and the Company will not pay costs, attorneys’ fees or expenses, that arise by reason of:

NOTE: The 2006 ALTA Owner’s Policy may be issued to afford either Standard Coverage or Extended Coverage. In addition to variable exceptions such as taxes, easements, CC&R’s, etc., the Exceptions from Coverage in a Standard Coverage policy will also include the Western Regional Standard Coverage Exceptions listed below as 1 through 7 below:

3. Easements, liens or encumbrances, or claims thereof, not shown by the Public Records at Date of Policy.

6. Any lien or right to a lien for services, labor, material or equipment unless such lien is shown by the Public Records at Date of Policy.

Packet Page. 353
Packet Page. 354
Owner’s Declaration MISC0220 (DSI Rev. 6/23/16)

OWNER'S DECLARATION
The undersigned hereby declares as follows:

1. (Fill in the applicable paragraph and strike the other) a. Declarant ("Owner") is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 01911395-919-KRC-KRE for full legal description (the "Land").
b. Declarant is the ____________________________ of ______________________________________ ("Owner"), which is the owner or lessee, as the case may be, of certain premises located at ___________________________________________________________________________________________, further described as follows: See Preliminary Report/Commitment No. 01911395-919-KRC-KRE for full legal description (the "Land").

2. (Fill in the applicable paragraph and strike the other) a. During the period of six months immediately preceding the date of this declaration no work has been done, no surveys or architectural or engineering plans have been prepared, and no materials have been furnished in connection with the erection, equipment, repair, protection or removal of any building or other structure on the Land or in connection with the improvement of the Land in any manner whatsoever. b. During the period of six months immediately preceding the date of this declaration certain work has been done and materials furnished in connection with upon the Land in the approximate total sum of $ , but no work whatever remains to be done and no materials remain to be furnished to complete the construction in full compliance with the plans and specifications, nor are there any unpaid bills incurred for labor and materials used in making such improvements or repairs upon the Land, or for the services of architects, surveyors or engineers, except as follows:
. Owner, by the
undersigned Declarant, agrees to and does hereby indemnify and hold harmless Commonwealth Land Title Company against any and all claims arising therefrom.

3. Owner has not previously conveyed the Land; is not a debtor in bankruptcy (and if a partnership, the general partner thereof is not a debtor in bankruptcy); and has not received notice of any pending court action affecting the title to the Land.

4. Except as shown in the above-referenced Preliminary Report/Commitment, there are no unpaid or unsatisfied mortgages, deeds of trust, Uniform Commercial Code financing statements, regular assessments, or taxes that constitute a lien against the Land or that affect the Land but have not been recorded in the public records.

5. The Land is currently in use as ; occupy/occupies the Land; and the following are all of the leases or other occupancy rights affecting the Land:

6. There are no other persons or entities that assert an ownership interest in the Land, nor are there unrecorded easements, claims of easement, or boundary disputes that affect the Land.

7. There are no outstanding options to purchase or rights of first refusal affecting the Land.

8. There are no material violations of any current, enforceable covenant affecting the Property and the Undersigned has received no written notice from any third party claiming that there is a present violation of any current, enforceable covenant affecting the Property.

This declaration is made with the intention that Commonwealth Land Title Company and Commonwealth Land Title Insurance Company (the "Company") and its policy issuing agents will rely upon it in issuing their title insurance policies and endorsements. Owner, by the undersigned Declarant, agrees to indemnify the Company against loss or damage (including attorneys fees, expenses, and costs) incurred by the Company as a result of any untrue statement made herein.

I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on at .

Signature: Signature:

Packet Page. 355
EXHIBIT "A"

UTILITY EASEMENT VACATION

LEGAL DESCRIPTION
THOSE PORTIONS OF LOTS 1 THROUGH 18 AND LOTS 56 THROUGH 73 OF JUNIOR COLLEGE HEIGHTS, TRACT NO. 2227, IN THE CITY OF SAN

BERNARDINO, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:

AN EASEMENT AND RIGHT OF WAY OVER AND ALONG THE REAR FIVE

FEET OF SAID LOTS IN SAID SUBDIVISION FOR THE CONSTRUCTION

THEREON AND THEREIN OF SEWERS AND CONNECTIONS, WATER MAINS

AND CONNECTIONS, GAS MAINS AND CONNECTIONS, TELEPHONE AND

TELEGRAPH AND ELECTRIC ENERGY POLES, WIRES AND CONDUITS AND

FOR THE CONSTRUCTION THEREON AND THEREIN ALL APPLIANCES NECESSARY OR CONVINIENT FOR USE IN CONNECTION WITH THE AFORESAID UTILITIES.

AS SHOWN ON EXHIBIT “B” AND BY THIS REFERENCE MADE A PART.

CONTAINING 8,809.40 SQUARE FEET, BEING 0.20 ACRES, MORE OR LESS. _____________________________ ___________
CORY M. KURTZ, L.S. 10004 DATE
04-23-26
Packet Page. 356
civil engineers and land surveyors
Snipes-Dye associates
Packet Page. 357

HITTING CAGE

BULLPEN

DUGOUT DUGOUT
civil engineers and land surveyors
Snipes-Dye associates
Packet Page. 358
Street Vacation #15.30-445
San Bernardino Valley College
Public Utility Easement
Packet Page. 359

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: May 20, 2026
To: Honorable Mayor and City Council Members
From: Tarik Rahmani, Director of Finance
Department: Finance & Management Services
Subject: Fiscal Year 2026-27 Assessment Levies for Previously Formed Assessment Districts. (All Wards)
Recommendation:

2. Resolution No. 2026-049 for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024; and

3. Resolution No. 2026-050 for Assessment District No. 1022 and Zones 1, 2 and 3 thereof; and

4. Resolution No. 2026-051 for Assessment District Nos. 1025 and 1027; and

City Manager's Comments
The City Manager recommends adoption of the Resolutions.

Packet Page. 360
Executive Summary
The assessment of an annual fee upon properties within each assessment district provides the revenue to offset the cost of maintenance of the public improvements within each assessment district. Annually, the Mayor and City Council must consider and adopt resolutions declaring the intent to levy and collect assessments within the various assessment districts in the City. These resolutions call for a public hearing for each Engineer’s Report which determines the amount of the maximum assessment allowable for each district and specifies the amount that will be levied on assessable lots and parcels of property within each assessment district for the upcoming fiscal year.

Background
The City Council adopted Resolution 2026-039 on April 15, 2026, initiating proceedings to levy and collect assessments for Fiscal Year 2026-27 in various assessment districts previously established by the City of San Bernardino and ordered the preparation of an engineer’s report for each assessment district. The Engineer’s Reports which have been prepared by Spicer Consulting Group, LLC, the Engineer of Record, detail the assessments proposed to be levied on assessable lots and parcels of property within each of the assessment districts and have been filed with the City Clerk.

Discussion
The amount of the assessments which are proposed to be levied on all parcels of assessable land within each assessment district has been determined pursuant the methodology in the Engineer’s Report and is based on special benefit conferred upon each such parcel from the payment of the cost of the maintenance, servicing and operation of the public improvements.

The Engineer’s Reports detailing the assessments proposed to be levied and collected from the owners of property within the City’s various assessment districts for Fiscal Year 2026-27 to pay the costs of the maintenance, servicing and operating of public improvements including landscaping (only) and lighting, sewer lift stations, detention basin, storm drains, and appurtenant facilities during Fiscal Year 2026-27 for each assessment district are attached to this report.
2021-2025 Strategic Targets and Goals
This project is consistent with Key Target No. 1: Improved Operational & Financial Capacity and Key Target No. 3d: Improved Quality of Life – Improve the City’s appearance, cleanliness and attractiveness. This project will contribute to ensure that the City is clean and attractive and provide infrastructure designed for long term economic growth.

Fiscal Impact
Assessment revenues are restricted to each district and are used to fund public improvements within those assessment districts; there is no direct General Fund impact.

Packet Page. 361
Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt the following Resolutions, declaring intention to levy and collect assessments for Fiscal Year 2026-27 within various assessment districts within the City of San Bernardino, approve Engineer’s Reports for each assessment district and set the public hearing on July 15, 2026:

2. Resolution No. 2026-049 for Assessment District Nos. 1017, 1019, 1020, 1023 and 1024; and

3. Resolution No. 2026-050 for Assessment District No. 1022 and Zones 1, 2 and 3 thereof; and

4. Resolution No. 2026-051 for Assessment District Nos. 1025 and 1027; and

Attachments
Attachment 1 – Resolution No. 2026-048 Assessment Districts No. 951 1016
Attachment 2 – Resolution No. 2026-049 Assessment Districts No. 1017- 1024
Attachment 3 – Resolution No. 2026-050 Assessment Districts No. 1022 Attachment 4 – Resolution No. 2026-051 Assessment Districts No. 1025, 1027
Attachment 5 – Resolution No. 2026-052 Assessment Districts No. 1028- 1068
Attachment 6 – Preliminary FY 2026-27 Engineer’s Report Volume 1 Attachment 7 – Preliminary FY 2026-27 Engineer’s Report Volume 2 Attachment 8 – Preliminary FY 2026-27 Engineer’s Report Volume 3 Attachment 9 – Preliminary FY 2026-27 Engineer’s Report Volume 4 Attachment 10 – Preliminary FY 2026-27 Engineer’s Report Volume 5 Ward:

All Wards
Synopsis of Previous Council Actions:

April 15, 2026 Mayor and City Council adopted Resolution 2026-039 Initiating Proceedings to Levy and Collect Assessments for Fiscal Year 2026-27 in various Packet Page. 362
Assessment Districts Pursuant to the California Constitution and the City Charter, Appointing the Engineer of Record and Ordering Preparation of Engineer’s Reports.

CC: Eric Levit, City Manager
Packet Page. 363
Resolution No. 2026-048
Resolution No. 2026-048

Page 1 of 6 ends

Mayor and City CouncilMay 20, 2026

Mayor and City Council
May 20, 2026