Agenda packet — Mayor and City Council, September 16, 2026 (part 4 of 4)

RESOLUTION NO. 2026-156

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
RATIFYING AND CONFIRMING THE CITY’S

SUBMISSION OF AN APPLICATION FOR A COMMUNITY

RESILIENCE CENTERS (CRC) PROGRAM PLANNING

GRANT FROM THE STRATEGIC GROWTH COUNCIL,

AUTHORIZING THE CITY MANAGER OR DESIGNEE TO

EXECUTE ALL RELATED DOCUMENTS IF AWARDED,

AND AUTHORIZING THE DIRECTOR OF FINANCE &

MANAGEMENT SERVICES TO APPROPRIATE UP TO
$500,000 IN GRANT REVENUES AND CORRESPONDING

EXPENDITURES FOR ELIGIBLE PROJECT ACTIVITIES

THROUGH THE CRC PLANNING PROGRAM GRANT
UPON AWARD.

WHEREAS, In the Safe Drinking Water, Wildfire Prevention, Drought Preparedness, and Clean Air Bond Act of 2024, commonly known as the “Climate Bond” (Proposition 4), the Strategic Growth Council (SGC) was allocated $55 million to implement the Community Resilience Centers (CRC) Program Round 2. In alignment with the Climate Bond’s funding goals, Round 2 of the CRC Program will prioritize investments in the communities most burdened by environmental, socioeconomic, and health inequities. Priority communities include underresourced (low-income, disadvantaged, and severely disadvantaged) communities, Tribes, rural communities, and unincorporated communities.; and
WHEREAS, CRC Planning Grants support planning activities to develop communityinformed Resilience Center proposals and are intended to support applicants seeking to develop Implementation Grant proposals for Rounds 2 and 3 of CRC; and WHEREAS, San Bernardino County Fire Protection Districts’ Office of Emergency Services have a contractual obligation to provide emergency operation services to the City of San Bernardino once City resources are exhausted; and
WHEREAS, The City of San Bernardino desires to apply and participate in the Program which provides up to $500,000 per grantee; and
WHEREAS, the SGC program application guidelines require submission of a resolution of the Mayor and City Council of the City of San Bernardino, California, approving the City’s participation in the Community Resiliency Centers Program Planning Grant, accepting the grant if awarded, and authorizing the execution of all related documents if awarded.

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

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Resolution No. 2026-156
Resolution No. 2026-156
September 16, 2026

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

SECTION 2. The Mayor and City Council of the City of San Bernardino, California, hereby ratify and confirm the City’s submission of an application for a Community Resilience Centers (CRC) Program Planning Grant from the Strategic Growth Council.

SECTION 3. If awarded funding, the City Manager or designee is hereby authorized to execute all grant-related documents necessary to accept and administer the CRC Planning Program Grant, subject to review and approval as to form by the City Attorney.

SECTION 4. If awarded funding, the Director of Finance & Management Services is hereby authorized to appropriate up to $500,000 in grant revenues and corresponding expenditures for eligible project activities through the CRC Planning Program Grant, subject to applicable budget requirements.

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

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

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

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of September 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert J. Maldonado, City Attorney
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Resolution No. 2026-156
Resolution No. 2026-156
September 16, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-156, adopted at a regular meeting held on the 16th day of September 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 17th day of September 2026.

Telicia Lopez, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Andrea Russell, Director of Human Resources
Department: Human Resources
Subject: Side Letter Agreement with SBPOA Regarding SWAT Pay (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-157, approving a Side Letter Agreement to the 2025-2029 Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating Article III - Compensation, Section 8 – Special Pay, Subsection (D) – SWAT Pay.

City Manager's Comments
City Manager recommends approval.

Executive Summary
The proposed Side Letter Agreement with the San Bernardino Police Officers Association (SBPOA) addresses an administrative gap related to how SWAT special assignment is reported to CalPERS. While the City has continuously reported this compensation to CalPERS as hazard pay, an audit from CalPERS identified that written documentation supporting the City’s reporting of SWAT pay required additional language to be added to the MOU in order to remain compliant with CalPERS regulations on reporting of this special compensation.

Approval of this Side Letter will ensure compliance with CalPERS special compensation requirements, preserve retirement benefit eligibility for affected employees, and formally document compensation practices.

Background
SWAT Special Assignment Pay has been an established component of Police Department operations and compensation for employees assigned to the Department’s Special Weapons and Tactics (SWAT) function.

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Following the recent retirements of several members represented by the SBPOA the California Public Employees’ Retirement System (CalPERS) identified the need for a Side Letter Agreement to formally document the existing SWAT Special Assignment Pay and ensure continued compliance with CalPERS requirements governing reportable special compensation under the California Public Employees’ Retirement Law and California Code of Regulations (CCR) Section 571.

Under Government Code sections governing special compensation and CCR Section 571, compensation may be reportable to CalPERS when it is provided to employees for qualifying special skills, work assignments, work conditions, or other qualifying circumstances and meets the regulatory requirements for special compensation. CCR Section 571(a) specifically identifies Hazard Premium Pay as compensation provided to employees who are routinely and consistently exposed to toxic, radioactive, explosive, or other hazardous substances, or who perform hazardous activities to implement health and safety procedures.

The proposed Side Letter Agreement is intended to provide the written documentation necessary to support the continued reporting of SWAT Special Assignment Pay as special compensation for CalPERS purposes, consistent with the requirements of CCR Section 571. Formalizing the existing compensation arrangement will provide greater clarity and regulatory compliance for the City, the bargaining unit, and affected employees, while supporting the appropriate inclusion of qualifying SWAT compensation in employees’ CalPERS-covered compensation. This documentation is intended to help protect affected employees from an unintended reduction in retirement benefits resulting from the absence of a current written agreement supporting the special compensation item.

Discussion
The following language will be included in the side letter when adopted:

D. SWAT Pay.

Effective the first full pay period following January 1, 2026, members of the SWAT team shall be paid a special assignment pay of $191/month for Police Officers, $233/month for Detectives/Corporals and $261/month for Sergeants.

Effective the first full pay period following January 1, 2027, members of the SWAT team shall be paid a special assignment pay of $211/month for police officers, $253/month for detectives/corporals and $281/month for Sergeants.

Effective the first full pay period following January 1, 2028, members of the SWAT team shall be paid a special assignment pay of $241/month for Police Officers, $283/month for Detectives/Corporals and $311/month for Sergeants.

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Effective the first full pay period following January 1, 2029, members of the SWAT team shall be paid a special assignment pay of $261/month for Police Officers, $303/month for Detectives/Corporals and $331/month for Sergeants.

All unit members who are routinely and consistently assigned to SWAT shall receive the applicable SWAT pay. Unit members assigned to SWAT routinely and consistently respond to high-risk incidents and perform hazardous activities to implement public safety procedures. The City shall report this compensation to CalPERS as Special Assignment Pay – Hazard Premium.

Strategic Goals and Priorities
The proposed Side Letter Agreement aligns with Key Target No. 2: Focused, Aligned Leadership and Unified Community: Build a culture that attracts, retains, and motivates the highest quality talent.

Fiscal Impact
There is no financial impact to update SWAT Pay Language in a side letter as this is a corrective item.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-157, approving a Side Letter Agreement to the 2025-2029 Memorandum of Understanding (MOU) between the City of San Bernardino and the San Bernardino Police Officers Association (SBPOA), updating Article III - Compensation, Section 8 – Special Pay, Subsection (D) – SWAT Pay.

Attachments
Attachment 1 – Resolution No. 2026-157
Attachment 2 – Side Letter Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:

August 6, 2025, The Mayor and City Council approved the Memorandum of Understanding between the City of San Bernardino and the San Bernardino Police Officers Association
CC
Eric Levitt, City Manager

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Resolution No. 2026-157
Resolution No. 2026-157
September 16, 2026

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RESOLUTION NO. 2026-157

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING A SIDE LETTER AGREEMENT TO THE 2025-
2029 MEMORANDUM OF UNDERSTANDING (MOU)

BETWEEN THE CITY OF SAN BERNARDINO AND THE

SAN BERNARDINO POLICE OFFICERS ASSOCIATION
(SBPOA) TO INCLUDE ARTICLE III – COMPENSATION,
SECTION 8 – SPECIAL PAY, SUBSECTION (D) – SWAT
PAY
WHEREAS, SWAT Special Assignment Pay has been an established component of Police Department operations and compensation for employees assigned to the Department’s Special Weapons and Tactics (SWAT) function; and
WHEREAS, Following the recent retirements of several members represented by the SBPOA the California Public Employees’ Retirement System (CalPERS) identified the need for a Side Letter Agreement to formally document the existing SWAT Special Assignment Pay and ensure continued compliance with CalPERS requirements governing reportable special compensation under the California Public Employees’ Retirement Law and California Code of Regulations (CCR) Section 571; and
WHEREAS, The proposed Side Letter Agreement is intended to provide the written documentation necessary to support the continued reporting of SWAT Special Assignment Pay as special compensation for CalPERS purposes, consistent with the requirements of CCR Section 571.

WHEREAS, a side letter agreement with SBPOA and the City was tentatively agreed upon approval of its terms by City Council.

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

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

SECTION 2. The City Manager or their designee is hereby authorized to execute the Side Letter Agreement attached hereto and incorporated herein, marked as Exhibit A.

SECTION 3. CEQA. The Mayor and City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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Resolution No. 2026-157
September 16, 2026

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SECTION 4. 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 5. 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 16th day of September 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert Maldonado, City Attorney
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Resolution No. 2026-157
September 16, 2026

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CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-157, adopted at a regular meeting held on the 16th day of September 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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1 SIDE LETTER AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS’ ASSOCIATION (SBPOA) The City of San Bernardino (“City”) and the San Bernardino Police Officers’ Association (“SBPOA”) hereby agree to a modification of the terms and conditions set forth in the Memorandum of Understanding (“MOU”) (2025-2029) as follows:

1. Article III, Section 8, Subsection D of the MOU shall be revised to read as follows:

D. SWAT Pay. Effective the first full pay period following January 1, 2026, members of the SWAT team shall be paid a special assignment pay of $191/month for Police Officers, $233/month for Detectives/Corporals and $261/month for Sergeants.

Effective the first full pay period following January 1, 2027, members of the SWAT team shall be paid a special assignment pay of $211/month for Police Officers, $253/month for Detectives/Corporals and $281/month for Sergeants.

Effective the first full pay period following January 1, 2029, members of the SWAT team shall be paid a special assignment pay of $261/month for Police Officers, $303/month for Detectives/Corporals, and $331/month for Sergeants.

2. This Side Letter Agreement shall become effective immediately following City Council approval.

3. All other terms and conditions of the MOU shall remain the same. ____________________________________ ________________________ Jose Loera, President Eric Levitt, City Manager
San Bernardino Police Officers Association City of San Bernardino Packet Page. 812

CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Vanessa Carder, Director of Parks, Recreation & Community Services
Department: Parks, Recreation & Community Services
Subject: Lease Renewal Agreement with Akoma Unity Center, Inc. of the Anne Shirrell’s Community Center for 1367 North
California Street (Ward 6)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-158 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to renew the lease agreement with the Akoma Unity Center, Inc., for the property located at 1367 North California Street from July 1, 2026, through June 30, 2029.

City Manager's Comments
The Parks & Rec Director and City Manager negotiated a lease renewal with Akoma Unity Center. I recommend approval of the lease renewal as negotiated.

Executive Summary
Akoma Unity Center, Inc. currently occupies and programs the Anne Shirrells Community Center at 1367 North California Street under a month to month facility use agreement. The organization has formally requested to enter into a new, multi-year lease to continue operating community based programs at the site. The proposed lease would renew the term through June 30, 2029 and would be a monthly rate of $2000.00 per month. The proposed lease identifies the terms listed below:
• Lease Term = three (3) years; July 1, 2026 – June 30, 2029 • Option to Extent = two (2) additional one-year terms ending June 30, 2031 • Utilities = to be paid by Lessee for said property
• Utilities = Four-Year Cost Sharing Provision
• Maintenance/Janitorial = to be completed by Lessee for said property • Insurance = to be provided by Lessee for said property • Rent = $2000.00 per month with ten percent (10%) increases each fiscal year Packet Page. 813
Background
The Parks, Recreation and Community Services Department oversees a community center at Anne Shirrells Park consisting of modular units that were purchased by the City in 2012 and received funding and approval to complete the project in FY 2015/16.

On June 6, 2016, the Mayor and City Council adopted Resolution No. 2016- 171 approving an agreement with United Nations of Consciousness (UNC) for the use of Anne Shirrells Community Center through a three {3) year lease with two {2) oneyear options effective August 15, 2016 through June 30, 2019.

The UNC Board of Directors assumed the new name of Akoma Unity Center (AUC).

The decision was made in an effort to change the direction of the program by offering education and empowerment of self. The agreement between the City of San Bernardino and UNC was terminated due to the name change. The City entered into a facility use agreement on a month-to-month basis with AUC at a monthly rental rate of $1,088, which is consistent with the rate previously offered to UNC.

The initial rental rate offered to LINC was based upon a fair market rental rate previously agreed upon by the City and San Bernardino County Real Estate Services Department for use of similar City owned property at Delman Heights Community Center. Given that the services provided have been funded by the organizations, and have proven to benefit the surrounding community, UNC and subsequently AUC, have occupied and programmed the Anne Shirrells Community Center at a reduced rental rate. The programming provided by AUC positively engages the local community by providing many services addressing education, recreation, sports, and special interests.

Discussion
City staff is seeking authorization to approve lease agreement renewal with Akoma Unity Center, Inc. (AUC) for continued use of the Anne Shirrells Community Center located at 1367 North California Street. AUC has maintained occupancy of the center since assuming operations following the name change and reorganization of the former United Nations of Consciousness (UNC). Under the City’s new Leasing Policy, staff is required to obtain City Council approval before initiating negotiations for any new or renewed lease of City owned property.

AUC has demonstrated a long-standing commitment to providing high quality, community-oriented programming that addresses education, recreation, wellness, youth engagement, and special interest classes. These programs have been offered at low or no cost to residents and have contributed positively to the quality of life in the surrounding neighborhood. Due to the organization’s sustained presence, established partnerships, and ongoing service to the community, AUC has expressed interest in securing a multiyear lease agreement.

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A multi-year lease would support AUC’s ability to apply for competitive grant funding, many of which require proof of long-term site control. Access to such funding would, in turn, support program expansion, facility improvements, and continued service delivery to San Bernardino residents.

Public Benefit to the Community
Akoma Unity Center (AUC) is a 501 (c)(3) non-profit, grassroots organization committed to the progress of African American youth, families, and communities.

Akoma’s programs and services are specifically designed to meet the needs of historically excluded African American youth and communities. Its physical location is strategically situated within the community we serve at the Anne Shirrells Park (next door to Rio Vista Elementary). Programs include; Afterschool Program, Summer Day Camp, male mentoring program, Rites of Passage, Advocacy for youth of color, Agricultural & Hydroponics Lab and Community Garden, Discovering Automation, Teen Mental Health.

Strategic Targets and Goals
Authorizing lease agreement with Akoma Unity Center, Inc., aligns with Key Strategic Target and Goal No. 3: Improved Quality of Life. Renewing a lease with Akoma Unity Center Inc., will allow the organization to continue to provide community benefit programs and services to the resident of San Bernardino.

Fiscal Impact
Under the proposed terms of the lease agreement, the City will receive $127,440.00 in total revenue.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-158 of the Mayor and City Council of the City of San Bernardino, California, authorizing the City Manager to renew the lease agreement with the Akoma Unity Center, Inc., for the property located at 1367 North California Street from July 1, 22026, through June 30, 2029.

Attachments
Attachment 1 Lease Agreement 2026-2029
Attachment 2 Resolution No. 2026-158
Attachment 3 Resolution No. 2020-14 Lease Amendment
Ward:

Sixth Ward
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Synopsis of Previous Council Actions:

June 6, 2016  The Mayor City Council adopted Resolution No. 2016- 171, approving an agreement with United Nations of
Consciousness for use of Anne Shirrells Community
Center ending June 30, 2018.

August 15, 2018    The Mayor and City Council adopted Resolution No. 2018- 208, approving the amended Lease Agreement with Akoma
Unity Center for the use of Anne Shirrells Community Center through June 30, 2021.

January 15, 2020  The Mayor and City Council adopted Resolution No. 2020- 014, approving the amended Lease Agreement with Akoma
Unity Center through June 30, 2026.

April 15, 2026 The Mayor and City Council authorized staff to proceed with lease renewal negotiations with Akoma Unity Center, Inc. of the Anne Shirrell’s Community
CC: Eric Levitt, City Manager

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LEASE AGREEMENT

BETWEEN

THE CITY OF SAN BERNARDINO
AND
AKOMA UNITY CENTER, INC.

This Lease Agreement (“Lease”) is made and entered into on this 16th day of September, 2026 by and between the CITY OF SAN BERNARDINO, a charter city and municipal corporation (“City”), and Akoma Unity Center, Inc., a Non-Profit (“Lessee”). City and Lessee may be referred to in this Lease individually as “Party”, “AUC”, or collectively as “Parties.”

RECITALS
A. City is the owner of certain real property identified as the Anne Shirrells Community Center located at 1367 N. California Ave., Assessor Parcel Numbers:
014321105, in the City of San Bernardino, County of San Bernardino, State of California (“the Property”), more particularly described in Exhibit “A”, attached hereto and incorporated herein by reference.

B. Upon the terms and conditions set forth hereinafter, Lessee desires to lease the Property (the “Leased Premises”) from the City, and City desires to lease the Leased Premises to Lessee for the purpose of operating programs and services at its facility to low income and at-risk youth within the immediate community and all San Bernardino residents to support youth development, community engagement, and the overall wellbeing of the surrounding neighborhood.

C. Lessor will not be responsible for any damage or injury occurring on the premises.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

AGREEMENT

1. Term. The term of this Lease shall commence on July 1, 2026 (“Commencement Date”).

The lease provided herein shall continue for a period of three (3) years, ending on June 30, 2029. After expiration of the term under this Lease, and in the case where Lessee has not vacated the Leased Premises prior to expiration, tenancy shall continue on a month-to-month basis, under the same terms and conditions under this Lease, until either party terminates this Lease in accordance with Section 22 herein.

1.1 Renewal Option. Lessee has an option to extend this Lease for two (2) additional term(s) of one-year periods (“Extended Term”). To exercise the option, Packet Page. 817
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Lessee must provide written notice to City at least ninety (90) days before the end of the Initial Term.

2. Payments.

2.1 Base Lease Payments. Lessee shall pay to City, as rent, the sum of $2000 per month (the “Base Lease Payment”). The first lease payment shall be due on July 8, 2026, and shall be prorated to reflect Lessee’s occupancy for a fractional calendar month. Subsequent lease payments shall be due and payable on the first day of each calendar month.

2.2 Additional Rent. Commencing on the first anniversary of the date Lessee is obligated to pay rent under this Lease, and continuing on each subsequent anniversary during the term of this Lease, the Base Lease Payments shall be increased by each year ten percent (10%) of the 1st of July of each year after.

July 2029 - $2,200.00
July 2030 - $2,420.00
July 2031 - $2,662.00

2.3 Base Lease Payment for Extended Term. The Base Lease Payment for the first year of the Extended Term shall be equal to a ten percent (10%) increase over the amount of the Base Lease Payment in the preceding year. Each year thereafter throughout the Extended Term, the Base Lease Payment shall increase by ten percent (10%) over the Base Lease Payment amount in the preceding year.

3. Use. Lessee shall: i) observe and comply with all local, state, and federal laws and regulations, including any City, County and State restrictions, laws and ordinances affecting the Leased Premises or occupancy thereof; ii) not commit any waste or suffer any waste to be committed on the Leased Premises; and iii) only use the Leased Premises for one or more permitted uses, as defined herein.

3.1 Permitted Uses. For purposes of this Lease, only uses complying with all local, state, and federal laws and regulations, including applicable zoning and land use controls, shall be permitted uses.

3.2 Hours of Operation. Lessee may operate the Premises Monday through Sunday between the hours of 7:00 a.m. and 10:00 p.m., or at such other times as may be approved in writing by Landlord. Tenant may access the Premises outside these hours for maintenance, security, setup, cleanup, or other activities permitted under this Lease, provided such access complies with applicable laws and does not unreasonably interfere with neighboring properties.

4. Discrimination. Lessee herein covenants by and for itself, its heirs, executors, administrators, and assigns, and all persons claiming under or through it, and this Lease is made and accepted upon and subject to the requirement that there shall be Packet Page. 818
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no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, marital status, national origin, or ancestry, in the leasing, use, occupancy, tenure, or enjoyment of the Leased Premises, nor shall the Lessee itself, or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of Lessee, sublessees, or vendees in the Leased Premises herein leased.

5. Care of Leased Premises/Utilities. Lessee shall not perform any acts or carry on any practices which may damage or contaminate the Leased Premises or be a nuisance or menace to others, and shall keep the Leased Premises under its control, including sidewalks adjacent to the Leased Premises and landscaped areas free and clean from rubbish and dirt at all times, and shall remove all trash and garbage within the Leased Premises and arrange for the regular pick-up and cartage of such trash and garbage at Lessee's sole cost and expense.

5.1 Lessee shall, at its sole cost and expense, keep and maintain all trees, landscaping, greens, and perimeter fencing. Lessee shall not engage in or permit the cutting, removal, or destruction of trees or any other native vegetation on the Leased Premises, without the prior written approval of the City. Lessee shall not plant any trees on the Leased Premises, nor shall Lessee plant any other vegetation on the Leased Premises without the prior written approval of the City.

5.2. Utilities. Lessee shall be solely responsible for all utilities including electric, gas, water, sewer, trash, internet, and fire alarm monitoring, establishing accounts prior to July 1, 2026. A breakdown of the utility costs described in Exhibit “B”, attached hereto and incorporated herein by reference.

5.3. Utilities – Five-Year Cost Sharing Provision.

Year One: The first year of the Lease shall be used to conduct an energy-efficiency and utility assessment of the Premises and establish a baseline for utility consumption and costs. Lessee shall not be responsible for a percentage-based utility allocation during Year One unless otherwise stated in this Lease.

Years Two and Three: During the second and third years of the Lease, the Lessee shall implement mutually agreed-upon energy efficiency measures identified through the Year One assessment. Such measures may include, as appropriate, improvements to lighting, HVAC systems, controls, insulation, appliances, water efficiency, building operations, and other measures reasonably expected to reduce energy consumption and utility costs.

Year Four: In year four of the Lease, the City and Lessee shall negotiate in good faith and establish in writing the percentage of shared utility costs allocated to each party. In establishing such percentage, the parties shall consider the Year One utility assessment, actual utility costs and consumption during Years Two and Three, documented savings from energy-efficiency measures, changes in utility rates, Packet Page. 819
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occupancy, and other material factors affecting utility usage and costs. The agreed utility cost-sharing percentage shall be documented in a written amendment or other written agreement signed by both parties.

Year Five: Beginning in year five , Lessee shall be responsible for one hundred percent (100%) of all Utility Costs attributable to the Leased Premises.

Lessee shall fully implement and reasonably maintain the energy-efficiency measures identified in the year one assessment that are within Lessee’s control and responsibility.

Lessee shall be responsible for measures relating to its operations, equipment, and use of the Leased Premises, while City shall remain responsible for building systems and improvements under City’s control.

The City shall provide reasonable documentation supporting Lessee’s utility charges. If Lessee reasonably disputes the calculation, the parties shall review the assessment and supporting documentation in good faith and make any appropriate correction. Any material change in utility rates, building use, or other circumstances that materially affects utility costs may be considered in determining the applicable allocation.

5.4 Maintenance Responsibilities. City maintains building shell, roof, HVAC, plumbing/electrical mains, and grounds. Lessee maintains interior, janitorial, trash, and minor exterior repairs under $5,000.00.

6. Possessory Interest Tax.

6.1 Lease Subject to Possessory Interest Tax. Lessee hereby recognizes and understands that this Lease may create a possessory interest subject to property taxation, and that Lessee may be subject to the payment of property taxes levied on such interest. Any such imposition of a possessory interest tax shall be a tax liability of Lessee solely, notwithstanding any provision of this Lease to the contrary. In addition, Lessee shall pay any personal property taxes that may become due for equipment, fixtures, inventory, or other personal property installed, maintained, or present in the Leased Premises.

6.2 Payment of Possessory Interest Tax. Lessee shall promptly notify City of any possessory interest tax imposed against Lessee’s interest in the Leased Premises, and shall provide City with a copy of any bill or assessment imposing the possessory interest tax. City shall remit to the taxing agency the amount of the possessory interest tax imposed against Lessee, shall promptly notify Lessee in writing of the payment, and Lessee shall pay City the amount paid by City within 45 days of receiving City’s notice. Lessee’s failure to timely pay City this amount shall constitute a material breach of this Lease.

7. Acceptance of Leased Premises. Lessee acknowledges that City has made no representations or warranties as to the condition of the Leased Premises, and Lessee agrees to accept delivery thereof in an "as is" condition on the Commencement Date.

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City makes no representation or warranty as to the fitness of the Leased Premises for Lessee's use thereof and Lessee accepts same upon its own investigation, as is, and assumes all risks with respect to the use thereof.

8. Improvements, Repairs, Additions and Replacement

8.1 Lessee shall have the right, at its sole cost and expense, to construct on the Leased Premises, from time to time, such improvements as Lessee may deem necessary, provided the construction of the same shall be approved in writing by City prior to the commencement of any such construction. Any and all improvements, repairs and additions to the Leased Premises of every description and character hereafter made by Lessee, even though attached to the Leased Premises in a permanent manner, shall be and remain the separate and personal property of Lessee, and the same, at Lessee's option, may be removed from the Leased Premises by Lessee at any time prior to the expiration of this Lease, or any renewal hereof; provided that any damage to the Leased Premises caused by such removal shall be fully repaired by Lessee.

8.2 Lessee shall, at its own cost and expense, keep and maintain all such improvements hereinafter constructed on the Leased Premises in good condition and repair, and shall use all reasonable precaution to prevent waste, damage or injury to the Leased Premises. City shall, at any reasonable time, have the right to go upon the Leased Premises to inspect and examine the same relative to such maintenance and upkeep.

9. Delay in Possession. City agrees to use its best commercially reasonable efforts to deliver possession of the Leased Premises to Lessee by the commencement date of this Lease, as specified in Section 1 of this Lease. If, despite these efforts, City is unable to deliver possession as agreed, City shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease. Lessee shall not, however, be obligated to pay rent or perform its other obligations until it receives possession of the Leased Premises. If possession is not delivered within thirty (30) days after the Commencement Date, Lessee may, at its option, by notice in writing within ten (10) days after the end of such thirty (30) day period, cancel this Lease, in which event the Parties shall be discharged from all obligations hereunder.

10. Damage or Destruction of Leased Premises. If during the term of this Lease, any portion of the Leased Premises shall be damaged by fire or other catastrophic cause, so as to render such portion of the Leased Premises untenable, the obligations under this Lease may be suspended while such portion of the Leased Premises remains untenable. In the event of such damage, Lessee shall give City notice of such untenable conditions and the City shall elect in its sole discretion, whether to repair the Leased Premises or to cancel this Lease with respect thereto. It shall notify Lessee in writing of its election within thirty (30) days after service of notice by Lessee. In the event that City elects not to repair the Leased Premises or portion thereof, this Lease shall be deemed canceled as of the date the damage occurred with respect to the applicable portion(s).

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11. Covenant Against Liens. Lessee shall not create or suffer to exist and shall properly discharge, at his sole cost and expense, all liens, encumbrances or other charges encumbering the Leased Premises, or any part thereof, arising out of Lessee's acts.

12. Encumbrance By Lessee. Lessee shall not under any circumstances whatsoever encumber in any manner City’s estate in the Leased Premises or any adjoining property or City’s interest under this Lease, or any portion thereof. Lessee shall not encumber this Lease or Lessee’s interest in this Lease or assign or pledge assignment of the same as security for any debt, without first obtaining the written consent of City, which City may give or withhold in its sole discretion.

13. Regulatory Approvals: Lessee understands and agrees that Lessee’s use of the Leased Premises may require authorizations, approvals or permits from governmental regulatory agencies with jurisdictions over the Leased Premises. Lessee shall be solely responsible for obtaining any and all such regulatory approvals. Lessee shall not seek any regulatory approval without first obtaining the written consent of City.

Lessee shall bear all costs associated with applying for, obtaining and maintaining any necessary or appropriate regulatory approval and shall be solely responsible for satisfying any and all conditions imposed by regulatory agencies as part of regulatory approval.

Any fines or penalties levied as a result of Lessee’s failure to comply with the terms and conditions of any regulatory approval shall be immediately paid and discharged by Lessee, and City shall have no liability, monetary or otherwise, for any such fines or penalties. Lessee shall indemnify City and the other indemnified parties against all loses arising in connection with Lessee’s failure to obtain or comply with the terms and conditions of any regulatory approval.

14. Access by City. City reserves for itself and any of its designated agents the right to enter the Leased Premises as follows:

14.1 On an occasional basis, at all reasonable times after giving Lessee 24 hours’ advance written or oral notice, to post notice of non-responsibility, to conduct any environmental audit of Lessee’s use of the Leased Premises, to repair, alter or improve any part of the Property, building systems or Leased Premises, and or any other lawful purpose; and

14.2 On an emergency basis without notice whenever City believes that emergency access is required. City shall have the right to use any means that it deems proper to open doors in an emergency in order to obtain access to any part of the Leased Premises, and any such entry shall not be construed or deemed to be a forcible or unlawful entry into or a detainer of, the Leased Premises, or an eviction, actual or constructive, of Lessee from the Leased Premises or any portion thereof.

15. Reports. Lessee shall submit a report and provide such documentation to City as City may from time-to-time request regarding Lessee’s operations and verifying compliance thereof with this Lease and all laws. Without limiting the foregoing, each report shall include satisfactory evidence that Lessee maintains a valid and active Packet Page. 822
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partnership with the San Bernardino City Unified School District throughout the Term of this Lease.

16. Surrender. Upon the expiration or any earlier termination of this Lease pursuant hereto, Lessee shall surrender to City the Leased Premises in good condition, order and repair, free from debris and hazards, and free and clear of all liens, easements and other encumbrances created or suffered by, through or under Lessee, reasonable wear and tear excepted. On or before the Expiration Date or any earlier termination hereof, or later upon City’s request, Lessee shall, at its sole cost, remove any and all of Lessee’s personal property from the Leased Premises and demolish and remove any and all improvements and alterations installed or made on the Leased Premises by or at the expense of Lessee requested by City to be removed. In addition, Lessee shall, at its sole expense, repair any damage to the Leased Premises resulting from the removal of any such items and restore the Leased Premises to their condition immediately prior to the presence of such improvements or alterations. In connection therewith, Lessee shall obtain any and all necessary permits and approvals, including, without limitation, any environmental permits, and execute any manifests or other documents necessary to complete the demolition, removal or restoration work required hereunder. Lessee’s obligations under this Section shall survive the expiration or other termination of this Lease. Any items of Lessee’s personal property remaining on or about the Leased Premises after the expiration of this Lease may, at City’s option, be deemed abandoned and in such case City may dispose of such property in any manner allowed by law.

17. Hazardous Materials Prohibited. The use, generation, storage or disposal of Hazardous Materials on the Leased Premises is strictly prohibited, and any such use, generation, storage, or disposal shall result in a default and termination of this Lease. For the purpose of this Section, Hazardous Materials shall include, without limitation, substances defined as “hazardous substances”, “hazardous materials”, “toxic substances”, “hazardous wastes”, “extremely hazardous wastes”, or “restricted hazardous wastes”, or stated to be known to cause cancer or reproductive toxicity, under the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. sections 9601, et seq; the Hazardous Materials Transportation Act, 49 U.S.C. sections 1801, et seq; the Resource Conservation and Recovery Act, 42 U.S.C. sections 6901, et seq; the Federal Water Pollution Control Act, 33 U.S.C. sections 1317, et seq; sections 25115, 25117, 25122.7, 25140, 25249.5, 25249.8, 25281, 25316 or 25501 of the California Health & Safety Code; or any substances so defined or stated in any of the regulations adopted and publications promulgated pursuant to said laws as they may be amended from time to time.

18. Indemnity. This Lease is made upon the express condition that City shall at all times be free from any and all liability and/or claim for damages in any way arising from or connected with any injury to any person or persons, including Lessee and sublessees, or any damage or loss as to any property of any kind whatsoever and to whomsoever belonging, including Lessee, or any other injury, damage or loss from any cause or causes whatsoever in any way connected with the Leased Premises during the Term of this Lease, or any occupancy thereof by Lessee. Lessee hereby covenants and agrees to indemnify, defend (with counsel reasonably approved by the City of San Packet Page. 823
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Bernardino), and hold City, the City Council, members of the City Council, its 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, in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or misconduct of Lessee, its officials, officers, employees, subcontractors, consultants, agents or sublessees, in connection with the performance of Lessee’s use of the Leased Premises or this Lease, including without limitation the payment of all consequential damages, expert witness fees, and attorneys’ fees and other related costs and expenses.

19. Insurance. Lessee shall obtain insurance of the types and in the amounts described below and satisfactory to the City.

19.1 Commercial General Liability Insurance. Lessee shall maintain occurrence version commercial general liability insurance or equivalent form with a combined single limit of not less than two million dollars ($2,000,000) per occurrence and the general aggregate limit not less than four million dollars ($4,000,000). Such insurance shall:

1. Include the City its officials, officers, employees, agents, and consultants as additional insureds with respect to the use of the Property and shall contain no special limitations on the scope of coverage or the protection afforded to the additional insureds;

2. Be primary with respect to any insurance or self-insurance programs covering the City, its officials, officers, employees, agents and consultants; and

3. Contain standard separation of insured provisions.

19.2 Workers' Compensation Insurance. Lessee shall maintain workers' compensation insurance with statutory limits and employers' liability insurance with limits of not less than one million dollars ($1,000,000) per occurrence.

19.3 Automobile Liability. Lessee shall maintain automobile liability insurance for bodily injury and property damage including coverage for owned, nonowned and hired vehicles, in a form and with insurance companies acceptable to the City with limits of not less than one million dollars ($1,000,000) combined single limit.

19.4 Privacy/Network Security (Cyber). Lessee shall maintain cyber liability insurance for (1) privacy breaches, (2) system breaches, (3) denial or loss of service, and (4) the introduction, implantation or spread of malicious software code, in a form and with insurance companies acceptable to the City with limits of not less than one million dollars ($1,000,000) per occurrence and aggregate.

19.5 Certificates of Insurance. Lessee shall, prior to receiving possession of the Leased Premises, furnish the City with properly executed certificates of insurance and, if requested by the City, certified copies of endorsements and policies, which clearly Packet Page. 824
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evidence all insurance required under this Lease and provide that such insurance shall be not cancelled, allowed to expire or be materially reduced in coverage, except on thirty (30) days' prior written notice to the City. The City shall have the sole discretion to determine whether the certificates and endorsements presented comply with the provisions of this Lease.

19.6 Coverage Maintenance. Lessee shall replace certificates, policies and endorsements for any insurance expiring prior to the termination of this Lease.

Unless otherwise provided for in this Lease, Lessee shall maintain such insurance from the Commencement Date until termination of the Lease, except as otherwise provided in this Lease.

19.7 Licensed Insurer. Lessee shall place such insurance with insurers having A.M. Best Company ratings of no less than A:VIII and licensed to do business in California, unless otherwise approved, in writing, by the City.

20. Attorneys’ Fees. Should any action or proceeding be commenced to enforce the provisions provided in this Lease, or should any litigation be commenced between the parties to this Lease concerning the Property or the Leased Premises, this Lease, or the rights and duties of either in relation thereto, the prevailing party in such litigation shall be entitled, in addition to such other relief as may be granted as the result of said litigation, to a reasonable sum for its attorneys’ fees.

21. Assignment and Subletting. This Lease shall not, nor shall any interest therein, be assignable, as to the interest of Lessee, by operation of law, without the written consent of City.

22. Termination. Without limiting its ability to seek other remedies, either at law or in equity, either Party may terminate this Lease and all of the obligations herein, at its option, upon the other Party’s breach of any of its obligations under this Lease and failure to cure such breach within thirty (30) days after receipt of written notice from the non-breaching Party or, if such cure cannot be completed within thirty (30) days, the breaching Party’s failure to commence such cure within thirty (30) days after its receipt of written notice and thereafter failing to diligently prosecute such cure to completion.

In addition to the foregoing, upon expiration of the Lease term provided in Section 1 of this Lease either Party may terminate this Lease by providing the other party with ninety (90) days’ prior written notice of said wish to terminate. Said notice shall be sent via certified mail, return receipt requested, to the location specified in Section 26 of this Lease, and shall be deemed accepted upon delivery.

22.1 The Lease can be terminated only in the event the San Bernardino City Unified School District terminates its funding/ operating agreement with the LESSEE.

23. Default. Any of the following events or occurrences shall constitute a material breach of this Lease by Lessee, and shall constitute an Event of Default.

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Lessee shall have a period of three (3) days from the date of written notice of such failure from City within which to cure any default in the payment of rent or other sums. City shall not be required to provide such notice regarding Lessee’s failure to make such payments when due more than twice during any calendar year, and any such failure by Lessee after Lessee has received two (2) such notices in any calendar year shall constitute a default by Lessee hereunder without any requirement on the part of the City to give Lessee notice of such failure or an opportunity to cure; or

23.2 The failure to perform or comply with any condition, term, provision, promise, covenant, agreement, representation, warranty, guaranty, indemnity, duty or obligation made under this Lease, if not cured within fifteen (15) days from the date of written notice from the City shall automatically and without further notice hereunder be an immediate Event of Default, entitling the City to any and all remedies available to it hereunder or in law of equity provided, however, that if the breach is not reasonably capable of being cured within the aforesaid fifteen (15) days, by the Lessee commenced to cure a within said period, notified the City in writing of the commencement of such a cure, and thereafter diligently pursues the same to conclusion and successfully completes said cure within sixty (60) days of receipt of notice of said breach or violation, it shall not be an Event of Default hereunder, provided however that upon the occurrence during the Term of two (2) defaults for the same obligation during any consecutive twenty four (24) month period, City shall not be required to provide any notice regarding Lessee’s failure to perform such obligation, and any subsequent failure by Lessee after it has received two (2) such notices shall constitute a default without any requirement on the part of City to give notice of such failure or an opportunity to cure; or

23.3 Any vacation or abandonment of the Leased Premises for more than fourteen (14) consecutive days; or

23.4 The appointment of a receiver to take possession of all or substantially all of the assets of Lessee, or an assignment by Lessee for the benefit of creditors, or any action taken or suffered by Lessee under any insolvency, bankruptcy, reorganization, moratorium or other debtor relief act or statute, whether now existing or hereafter amended or enacted, if any such receiver, assignment or action is not released, discharged, dismissed or vacated within sixty (60) days.

24. Remedies. Upon the occurrence of an Event of Default by Lessee, City shall have the following rights and remedies in addition to all other rights and remedies available to City at law or in equity:

24.1 City may terminate this Lease and Lessee shall immediately surrender possession of the Leased Premises to City. In such event, City shall be entitled to recover from Lessee all damages incurred by City by reason of Lessee’s default.

24.2. City’s rights and remedies pursuant to California Civil Code Section 1951.2, including, but not limited to, the right to terminate Lessee’s right to possession of the Leased Premises and to recover the worth at the time of award of the amount by which the unpaid rent and any additional charges for the balance of the Term after the Packet Page. 826
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time of award exceeds the amount of rental loss for the same period that Lessee proves could be reasonably avoided. City’s efforts to mitigate the damages caused by Lessee’s breach of this Lease shall not waive City’s rights to recover damages upon termination.

24.3. City may, at its sole discretion, allow the Lease to continue in effect and enforce all rights and remedies under this Lease, including the right to recover rent as it becomes due, for so long as City does not terminate Lessee’s right to possession.

No action taken by City pursuant to this Section shall be deemed a waiver of any default by Lessee and, notwithstanding any subletting without termination; City may at any time thereafter elect to terminate this Lease for such previous default.

25. Notice. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, return receipt requested, telegraphed, delivered or sent by telex, telecopy or cable and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if mailed, three (3) business days after the date of posting by the United States post office, (iii) if given by telegraph or cable, one (1) business day after the date delivered to the telegraph company with charges prepaid.

To City: City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, California 92401
Attn: City Manager
To Lessee Akoma Unity Center, Inc.

Attn: Kimberly Calvin, Executive Director
1367 N. California Street
San Bernardino, CA 92411
Notice of change of address shall be given by written notice in the manner detailed in this Section. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request or communication sent.

26. Compliance with Laws. Lessee shall comply with all applicable Federal, State and local laws, regulations and standards that are or may become applicable to Lessee’s occupancy and/or activities on the Leased Premises. The judgment of any court of competent jurisdiction, or the admission of Lessee in a proceeding brought against it by any governmental entity, that Lessee has violated any such statute, ordinance, regulation, or requirement shall be conclusive as between the City and the Lessee and shall constitute grounds for declaration of default, material breach, forfeiture, and termination of this Lease by City.

27. Cumulative Remedies. No remedy or election contained herein shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

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28. Signs. All signs and graphics of every kind visible from public view corridors, or the exterior of the Property will be subject to City’s prior written approval, and will be subject to any applicable governmental laws, and ordinances and in conformance with City’s design standards.

29. Counterparts. This Lease may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

30. Captions. Any captions to, or headings of, the sections or subsections of this Lease are solely for the convenience of the parties hereto, are not a part of this Lease, and shall not be used for the interpretation or determination of the validity of this Lease or any provision hereof.

31. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Lease shall not be deemed to confer any rights upon, nor obligate any of the parties thereto, to any person or entity other than the parties hereto.

32. Amendment of Lease. The terms of this Lease may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

33. Waiver. The waiver or failure to enforce any provision of this Lease shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

34. Applicable Law. This Lease shall be governed by and construed in accordance with the laws of the State of California. The venue of any disputes arising out of this Lease shall be the state and federal courts located in the County of San Bernardino.

35. Fees and Other Expenses. Except as otherwise provided herein, each of the Parties shall pay its own fees and expenses in connection with this Lease, including any permit or license fees which Lessee may be required to obtain pursuant to its occupancy.

36. Authority to Execute Lease. Lessee and City warrant that the individuals who have signed this Lease have the legal power, right and authority to enter into this Lease so as to bind each party for whom they sign to perform as provided herein.

37. Successors and Assigns. This Lease shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

38. Incorporation of Recitals. Each and all of the Recitals to this Lease are incorporated by reference as though fully set forth herein.

39. Entire Agreement. This Lease supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement Packet Page. 828
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between City and Lessee as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to any employees, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby.

40. Severability. If any portion of this Lease is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Lease shall continue in full force and effect.

41. Electronic Signature. Each Party acknowledges and agrees that this Lease 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
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SIGNATURE PAGE TO LEASE AGREEMENT BETWEEN CITY OF SAN
BERNARDINO AND AKOMA UNITY CENTER, INC.

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

CITY

CITY OF SAN BERNARDINO
APPROVED BY:

Eric Levitt
City Manager
ATTESTED BY:

Telicia Lopez, CMC
City Clerk
APPROVED AS TO FORM:

Albert Maldonado
City Attorney
LESSEE
Akoma Unity Center, Inc
APPROVED BY:

Kimberly Calvin
Executive Director
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EXHIBIT A
• Property located at 1367 N. California Ave., San Bernardino, CA 92411 • APN: 014321105
•
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EXHIBIT B
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Resolution No. 2026-158
RESOLUTION NO. 2026-158

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO PROCEED

WITH THE LEASE RENEWAL WITH AKOMA UNITY
CENTER, INC., FOR THE PROPERTY LOCATED AT 1367

NORTH CALIFORNIA STREET, SAN BERNARDINO, CA,
WHEREAS, on August 15, 2018, by Resolution No. 2018-208, the Mayor and City Council authorized the execution of a Lease Agreement between the City of San Bernardino (“City”) with Akoma Unity Center (“ACU”) for the property known as Anne Shirells Community Center located at 1367 North California Street (“Lease”); and WHEREAS, on January 15, 2020, by Resolution No. 2020-14, the Mayor and City Council authorized the amendment to the Lease extending the term for an additional five-year term, terminating on June 30, 2026; and
WHEREAS, Akoma Unity Center wishes to renew the Lease with new multi-year agreement from July 1, 2026 through June 30, 2029, with option to extend for two one-year terms ending in June 30, 2031; and
WHEREAS, the monthly rent paid by ACU to the City will be set as $2000.00 per month; and

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

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

SECTION 2 Mayor and City Council hereby authorize the City Manager to execute a Lease Agreement renewal between the City of San Bernardino and Akoma Unity Center, Inc. for the use of Anne Shirrells Community Center, located at 1367 N. California Street, San Bernardino, CA 92411, a copy of which is attached hereto, marked Exhibit “A” and incorporated herein by references as fully though set forth at length.

SECTION 3. 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
SECTION 4. 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 5. Effective Date. This Resolution shall become effective immediately.

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Resolution No. 2026-158
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of September 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert J. Maldona, City Attorney
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Resolution No. 2026-158

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. 2026-158, adopted at a regular meeting held on the 16th day of September 2026 by the following vote:

Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ _____ _____ _______ _______
IBARRA _____ _____ _______ _______
FIGUEROA _____ _____ _______ _______
SHORETT _____ _____ _______ _______
KNAUS _____ _____ _______ _______
FLORES _____ _____ _______ _______
ORTIZ _____ _____ _______ _______
TRAN _____ _____ _______ _______
WITNESS my hand and official seal of the City of San Bernardino this ___ day of ____________ 2026.

Telicia Lopez, CMC, City Clerk
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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Darren Goodman, Chief of Police
Department: Police
Subject: Accept and Administer the FY 26/27 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (Step) Grant (PT27198) (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, adopt Resolution No. 2026-159:

1. Authorizing the City Manager to accept and administer the FY 2026/27 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant and

2. Authorizing the Director of Finance & Management Services to amend the FY 2026/27 Operating Budget by $562,265.00 in revenues and expenditures.

City Manager's Comments
The City Manager requests City Council authorization to accept the OTS Selective Traffic Enforcement Program Grant.

Executive Summary
The California Office of Traffic Safety (OTS) has awarded its Selective Traffic Enforcement Program (STEP) grant for Fiscal Year 2026/27 in the amount of $562,265.00. The OTS Grant is reimbursement based, and the Department will use grant funding to purchase a DUI trailer, pay for overtime to staff enforcement efforts include driving under the influence/California driver’s license (DUI/CDL) checkpoints, DUI saturation patrols, motorcycle safety, and pedestrian/bicycle enforcement, attend grant funded training, and purchase supplies (Budget available in attached agreement). Staff recommends that the Mayor and City Council accept the Grant Award and amend the FY 26/27 operating budget to receive Grant Funds in the amount of $562,265.00 in revenues and expenditures.

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Background
The California Office of Traffic Safety (OTS) has awarded its Selective Traffic Enforcement Program (STEP) grant for Fiscal Year 2026/27 to law enforcement agencies in the state that have shown the best practice strategies to reduce traffic collisions and promote traffic safety awareness. The City of San Bernardino has received annual OTS STEP grant funding for well over a decade and has been awarded $562,265 for Federal Fiscal Year October 1, 2026 through September 30, 2027.

Discussion
The OTS STEP grant combines several traffic enforcement programs under a single grant umbrella, which reimburses law enforcement agencies for overtime worked on proven traffic enforcement strategies such as driving under the influence/California driver’s license (DUI/CDL) checkpoints and DUI saturation patrols. In addition to checkpoints and saturation patrols, the Police Department will use grant funds to develop a “Hot Sheet” program to alert patrol and traffic officers to be on the lookout for identified repeat DUI offenders with suspended or revoked licenses as a result of DUI convictions. Using STEP grant funding, the Police Department will also add patrols focused on motorcycle DUI enforcement, traffic enforcement, collaborative DUI enforcement with neighboring agencies, motorcycle safety enforcement, street racing, and bicycle/pedestrian safety enforcement operations. The Grant will also provide $45,000 of funding for one (1) new DUI trailer. The Department will follow appropriate purchasing guidelines to select and purchase the trailer. Grant funding will provide for supervisors, detectives, officers, and professional staff to accomplish OTS STEP grant objectives. Staffing levels will vary depending on the enforcement detail being worked.

There are no matching fund requirements for this grant.

All grant funded traffic operations will be conducted to make the streets of San Bernardino safer for all pedestrians and motorists. In addition to enforcement strategies, the STEP program will seek voluntary compliance of traffic laws through public education and safety awareness campaigns throughout the one-year grant period. The grant will reimburse the cost of DUI related training for officers, supplies used at checkpoints, and preliminary alcohol screening (PAS) device/calibration supplies. Staff recommends authorization for the City Manager to accept, execute, and administer the State of California OTS STEP Grant Agreement for Grant Number PT27198 (Attachment 2).

Strategic Goals and Priorities
The acceptance and administration of the OTS STEP grant aligns with Key Target No. 1: Financial Stability, by implementing, maintaining, and updating a fiscal accountability plan; Key Target No. 2: Focused, Aligned Leadership and Unified Community, by developing and implementing a community engagement plan; and Key Target No. 3: Improved Quality of Life, by evaluating the public safety service delivery models to enhance the quality of service.

Fiscal Impact
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There is no impact to the General Fund. This action results in a financial impact of $562,265 in both revenues and expenditures to the FY2026/27 Operating Budget’s Federal Grant Fund.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, Adopt Resolution No. 2026-159:

1. Authorizing the City Manager to accept and administer the FY 2026/27 California Office of Traffic Safety (OTS) Selective Traffic Enforcement Program (STEP) grant and

2. Authorizing the Director of Finance & Management Services to amend the FY 2026/27 Operating Budget by $562,265.00 in revenues and expenditures.

Attachments

1. Attachment 1 Resolution No. 2026-159

2. Attachment 2 OTS Grant Agreement (PT27198)
Ward:

All Wards
Synopsis of Previous Council Actions:

October 1, 2025 Resolution 2025-372, California Office of Traffic Safety - STEP grant, approved by Council.

September 18, 2024 Resolution 2024-0205, California Office of Traffic Safety - STEP grant, approved by Council.

October 4, 2023 Resolution 2023-0153, California Office of Traffic Safety - STEP grant, approved by Council.

September 21, 2022 Resolution 2022-0645, California Office of Traffic Safety - STEP grant, approved by Council.

September 1, 2021 Resolution 2021-218, California Office of Traffic Safety - STEP grant, approved by Council.

September 2, 2020 Resolution 2021-218, California Office of Traffic Safety - STEP grant, approved by Council.

July 17, 2019 Resolution 2019-264, California Office of Traffic Safety - STEP grant, approved by Council.

October 3, 2018 Resolution 2018-272, California Office of Traffic Safety - STEP grant, approved by Council.

July 5, 2017 Resolution 2017-126, California Office of Traffic Safety - STEP grant, approved by Council.

October 14, 2016 Resolution 2016-211, California Office of Traffic Safety - STEP grant, approved by Council.

January 23, 2015 Resolution 2015-10, California Office of Traffic Safety - STEP grant, approved by Council.

March 3, 2014 Resolution 2014-49, California Office of Traffic Safety - Packet Page. 845
STEP grant, approved by Council.

January 7, 2013 Resolution 2013-1, California Office of Traffic Safety - STEP grant, approved by Council.

April 10, 2012 Resolution 2012-67, California Office of Traffic Safety - STEP grant, approved by Council.

CC
Eric Levitt, City Manager
Packet Page. 846
Resolution No. 2026-159
Resolution 2026-159
September 16, 2026

Page 1 of 3 ends

RESOLUTION NO. 2026-159

RESOLUTION OF THE MAYOR AND CITY COUNCIL OF

THE CITY OF SAN BERNARDINO, CALIFORNIA,

AUTHORIZING THE CITY MANAGER TO ACCEPT AND
ADMINISTER THE FY2026/27 CALIFORNIA OFFICE OF

TRAFFIC SAFETY (OTS) SELECTIVE

TRAFFICENFORCEMENT PROGRAM (STEP) GRANT

ANDAUTHORIZING THE DIRECTOR OF FINANCE &

MANAGEMENT SERVICES TO AMEND THE FY
2026/27OPERATING BUDGET BY $562,265 IN REVENUES
AND EXPENDITURES.

WHEREAS, the City of San Bernardino has been awarded the Office of Traffic Safety grant for the period of October 1, 2026, through September 30, 2027.

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

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

SECTION 2. The City Manager is hereby authorized to execute the State of California Office of Traffic Safety Grant Agreement, Grant Number PT27198, in the amount of $562,265, attached hereto, marked Attachment 2, and incorporated herein.

SECTION 3. The Director of Finance is hereby authorized to amend the Adopted FY2026/27 budget increasing both revenue and expenditures by $562,265, as outlined in the attached grant agreement budget.

SECTION 4. CEQA. That the City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

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

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Resolution No. 2026-159
Resolution 2026-159
September 16, 2026

Page 2 of 3 ends

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this 16th day of September 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert J. Maldonado, City Attorney
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Resolution No. 2026-159
Resolution 2026-159
September 16, 2026

Page 3 of 3 ends

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2026-159, adopted at a regular meeting held on the 16th day of September 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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State of California – Office of Traffic Safety

GRANT AGREEMENT

GRANT NUMBER
PT27198

1. GRANT TITLE
Selective Traffic Enforcement Program (STEP)

2. NAME OF AGENCY 3. Grant Period
San Bernardino From:

To:
10/01/2026
09/30/2027 4. AGENCY UNIT TO ADMINISTER GRANT
San Bernardino Police Department

5. GRANT DESCRIPTION
Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary crash factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary crash factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian crashes, and educational programs. These strategies are designed to earn media attention thus enhancing the overall deterrent effect. In addition, the department will participate in community collaboration and engagement activities to engage in conversations regarding traffic safety with community members.

6. Federal Funds Allocated Under This Agreement Shall Not Exceed:

Allocation is contingent upon availability of federal funds. $562,265.00

7. TERMS AND CONDITIONS: The parties agree to comply with the terms and conditions of the following which are by this reference made a part of the Agreement:
• Schedule A – Problem Statement, Goals and Objectives and Method of Procedure • Schedule B – Detailed Budget Estimate and Sub-Budget Estimate (if applicable) • Schedule B-1 – Budget Narrative and Sub-Budget Narrative (if applicable) • Exhibit A – Certifications and Assurances
• Exhibit B* – OTS Grant Program Manual
• Exhibit C – Grant Electronic Management System (GEMS) Access *The item shown with an asterisk (*), is hereby incorporated by reference and made a part of this agreement as if attached hereto. This document can be viewed at the OTS home web page under Grants: www.ots.ca.gov.

Use of OTS Grant Agreement template in lieu of the California Model Agreement (CMA) The California Office of Traffic Safety (OTS) utilizes its standardized OTS Grant Agreement template for awards. The format, structure, and uniformity of the OTS Grant Agreement template allows for processing through Grant Electronic Management System (GEMS). OTS’s approach to using the OTS Grant Agreement template is consistent with the California Model Agreement (CMA) developed by University of California Office of the President (UCOP) and directed by the Department of General Service (DGS). For more information, please review the OTS Grant Program Manual.

Pre-Agreement Work
No work shall commence and no costs shall be incurred prior to the grant start date or the grant agreement being fully signed and executed. Any such costs are incurred at the grantee’s own risk and may not be reimbursed.

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8. Approval Signatures
We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the grant terms and conditions described herein.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

A. GRANT DIRECTOR B. AUTHORIZING OFFICIAL
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Michael Siems
Sergeant
[email protected]
(909) 998-3771
290 N D Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Eric Levitt
City Manager
[email protected]
(909) 384-5122
290 N D Street
San Bernardino, CA 92401
(Signature) (Date) (Signature) (Date)
C. FISCAL OFFICIAL D. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Amber Venturina
Management Analyst I
[email protected]
(909) 384-5692
290 N D Street
San Bernardino, CA 92401
NAME:

TITLE:

EMAIL:

PHONE:

ADDRESS:

Stephanie Dougherty
Director
[email protected]
(916) 509-3030
2208 Kausen Drive, Suite 300
Elk Grove, CA 95758
(Signature) (Date) (Signature) (Date)
E. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY 9. SAM INFORMATION NAME: Mary Khang SAM #:

REGISTERED
ADDRESS:

CITY:

ZIP+4:

HRJPGFZSC3H6
710 N. D Street
PO BOX 1559
San Bernardino
92402-1559
ADDRESS: 2208 Kausen Drive Suite 300
Sacramento, CA 95758
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10. PROJECTED EXPENDITURES
FUND CFDA ITEM/APPROPRIATION F.Y. CHAPTER STATUTE PROJECTED

EXPENDITURES
1906-27 20.611 0521-0890-101 2026 19/26 BA/26 $21,050.00 405e DDA2720.616 0521-0890-101 2026 19/26 BA/26 $63,150.00 402PT-27 20.600 0521-0890-101 2026 19/26 BA/26 $72,415.00 164ID-27 20.608 0521-0890-101 2026 19/26 BA/26 $405,650.00

AGREEMENT
TOTAL $562,265.00

AMOUNT ENCUMBERED BY THIS DOCUMENT
I CERTIFY upon my own personal knowledge that the budgeted funds for the current budget year are available for the period and purpose of the expenditure stated above, notwithstanding allocations contingent on availability of federal funds.
$562,265.00

PRIOR AMOUNT ENCUMBERED FOR THIS

AGREEMENT
$ 0.00
OTS ACCOUNTING OFFICER’S SIGNATURE DATE SIGNED TOTAL AMOUNT ENCUMBERED TO DATE $562,265.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule A

GRANT NUMBER
PT27198

1. PROBLEM STATEMENT
Describe the city, county, or jurisdiction this grant will impact.

San Bernardino is a major city in Southern California, situated approximately 60 miles east of downtown Los Angeles in the eastern portion of the San Bernardino Valley. It sits at the base of the San Bernardino Mountains and is part of the larger Inland Empire region. The city is the county seat of San Bernardino County and one of its largest population centers, with over 220,000 residents as of 2024. San Bernardino is culturally diverse, with a mix of ethnic and cultural communities contributing to local food, music, and community events. The city has faced economic and social challenges, including higher poverty and crime rates compared with state and national averages. Job opportunities and local income levels can lag behind larger metro areas. Traffic congestion and infrastructure issues are also common.

Describe the problem(s) to be addressed, supported by current and relevant crash data. (most recent calendar year data/stats).

Crash activity in San Bernardino experienced significant fluctuations from 2023 to 2025. Fatal crashes steadily declined, dropping from 45 in 2023 to 28 in 2025. Injury crashes decreased sharply in 2024 but then rose again in 2025. The number of victims reflected these trends: fatalities matched crash counts each year, while injury victims decreased in 2024 and increased again in 2025.

Alcohol-involved crashes and nighttime crashes varied year to year. Alcohol-related injuries generally decreased in 2024 before rising in 2025. Nighttime crash injuries saw a notable increase, more than doubling between 2024 and 2025. Hit-and-run incidents displayed mixed patterns, with fatal counts remaining low, but injury counts fluctuating across the three years.

During the 2024/2025 grant period, the San Bernardino Police Department investigated 27 fatal traffic crashes. Of these fatalities, 11 were pedestrians, 2 were bicyclists, and 4 were motorcyclists. Thirteen fatalities were associated with drug or alcohol use. In total, 1,844 people were injured in traffic crashes during this period, including 262 in alcohol or drug-involved incidents and 150 pedestrians. The department also handled 178 hit-and-run injury crashes, 2 of which resulted in fatalities.

The data shows that alcohol‑involved crashes consistently result in far more injuries than fatalities. Across the four reporting periods, alcohol‑related deaths ranged from 1 to 4, while injuries increased steadily from 45 to 76. This pattern suggests that while fatal outcomes fluctuate, the overall harm from alcohol‑related crashes is rising, with a notable jump in injury counts in the later periods.

Drug‑involved crashes remain far less common but still show a gradual increase in injuries, rising from 1 to 8 over the same timeframe. Fatalities from drug‑related crashes stayed very low, never exceeding one.

Importantly, no fatalities or injuries were reported in crashes involving a combination of alcohol and drugs, indicating that such cases are either rare or not detected in this dataset. Overall, a growing trend in impaired‑driving injuries, driven primarily by alcohol‑related incidents.

Analysis of primary crash factor data identifies three recurring contributing factors: violations of sections 22107, 22350, and 21453a. Section 22107, which addresses unsafe turning movements, was the most frequent, with more than 550 injury crashes and multiple fatalities attributed to it. Section 22350, concerning unsafe speed, ranked second, followed by section 21453a, which involves red-light violations. Despite some unknown victim details, the data show that unsafe maneuvers, excessive speed, and signal violations consistently remained the leading causes of serious crashes throughout the period.

Define the target population the grant intends to serve and how they are affected by the problem(s).

The target population in the city of San Bernardino is unsafe drivers. Unsafe driving topics are presented and discussed in collaborative meetings with officers where the safety and concerns of the citizens are expressed. Officers in turn collect data information and history based on Department statistics to organize and establish numerous OTS operations. Enforcement is then directed toward drivers in a nonbiased and structured protocol. As can be seen in the data, unsafe driving has been affected by highly visible traffic enforcement operations funded by OTS and general traffic enforcement.

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2. PERFORMANCE MEASURES
A. Goals:

1. Reduce the number of persons killed in traffic crashes.

2. Reduce the number of persons injured in traffic crashes.

3. Reduce the number of pedestrians killed in traffic crashes.

4. Reduce the number of pedestrians injured in traffic crashes.

5. Reduce the number of bicyclists killed in traffic crashes.

6. Reduce the number of bicyclists injured in traffic crashes.

7. Reduce the number of persons killed in alcohol-involved crashes.

8. Reduce the number of persons injured in alcohol-involved crashes.

9. Reduce the number of persons killed in drug-involved crashes.

10. Reduce the number of persons injured in drug-involved crashes.

11. Reduce the number of persons killed in alcohol/drug combo-involved crashes.

12. Reduce the number of persons injured in alcohol/drug combo-involved crashes.

13. Reduce the number of motorcyclists killed in traffic crashes.

14. Reduce the number of motorcyclists injured in traffic crashes.

15. Reduce hit & run fatal crashes.

16. Reduce hit & run injury crashes.

17. Reduce nighttime (2100 - 0259 hours) fatal crashes.

18. Reduce nighttime (2100 - 0259 hours) injury crashes.

B. Objectives: Target Number

1. Issue a news release announcing the kick-off of the grant by December 31st. The kick-off news releases and media advisories, alerts, and materials must be emailed to the OTS Public Information Officer at [email protected], and copied to your OTS Coordinator, for approval 7 days prior to the issuance date of the release.
1 2. Participate and report data (as required) in the following campaigns; Quarter 1:

National Pedestrian Safety Month, National Walk to School Day, National Teen Driver Safety Week, NHTSA Winter Mobilization; Quarter 3: National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Bicycle Safety Month, National Click it or Ticket Mobilization; Quarter 4: National Speed Prevention Campaigns, NHTSA Summer Mobilization, National Child Passenger Safety Week, and California's Pedestrian Safety Month.
12 3. Develop (by December 31) and/or maintain a “DUI BOLO” program to notify patrol and traffic officers to be on the lookout for identified repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. Updated DUI BOLOs should be distributed to patrol and traffic officers monthly. Report on the outcomes of the “DUI BOLO” program.
12 4. Send law enforcement personnel to the NHTSA Standardized Field Sobriety Testing (SFST) (minimum 16 hours) POST-certified training. 2 5. Send law enforcement personnel to the NHTSA Advanced Roadside Impaired Driving Enforcement (ARIDE) 16 hour POST-certified training. 6 6. Send law enforcement personnel to the Drug Recognition Expert (DRE) training (classroom and field training must be completed).
2 7. Send law enforcement personnel to the DRE Recertification training. 2

8. Send law enforcement personnel to SFST Instructor training. 2

9. Send law enforcement personnel to DRE Instructor training. 2

10. Conduct DUI/DL Checkpoints. A minimum of 1 checkpoint should be conducted during the NHTSA Winter Mobilization and 1 during the Summer Mobilization. To enhance the overall deterrent effect and promote high visibility, it is recommended the grantee issue an advance press release and conduct social media activity for each checkpoint. For combination DUI/DL checkpoints, departments should issue press releases that mention DL's will be checked at the DUI/DL checkpoint. Signs for DUI/DL checkpoints should read "DUI/Driver's License Checkpoint Ahead." OTS does not fund or support independent DL checkpoints. Only on an exception 12 Packet Page. 854
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basis and with OTS pre-approval will OTS fund checkpoints that begin prior to 1800 hours. When possible, DUI/DL Checkpoint screeners should be DRE- or ARIDE-trained.

11. Conduct DUI Saturation Patrol operation(s). 16

12. Conduct Traffic Enforcement operation(s), including but not limited to, primary crash factor violations.
8 13. Conduct highly publicized Distracted Driving enforcement operation(s) targeting drivers using hand held cell phones and texting.
12 14. Conduct highly publicized Motorcycle Safety enforcement operation(s) in areas or during events with a high number of motorcycle incidents or crashes resulting from unsafe speed, DUI, following too closely, unsafe lane changes, improper turning, and other primary crash factor violations by motorcyclists and other drivers. 4 15. Conduct highly publicized pedestrian and/or bicycle enforcement operation(s) in areas or during events with a high number of pedestrian and/or bicycle crashes resulting from violations made by pedestrians, bicyclists, and drivers. 8 16. Conduct Traffic Safety educational presentation(s) with an effort to reach community members. Note: Presentation(s) may include topics such as distracted driving, DUI, speed, bicycle and pedestrian safety, seat belts and child passenger safety.
2 17. Participate in highly visible collaborative DUI Enforcement operations. 3

18. Participate in highly visible collaborative Traffic Enforcement operations. 1

19. Send law enforcement personnel to DUI Checkpoint Planning and Management training.
1 20. Conduct specialized enforcement operations focusing specifically on street racing and sideshow activities.
1 21. Participate in community collaboration and engagement activities to engage in conversations regarding traffic safety to both share information and receive input from the community members.
4 3. METHOD OF PROCEDURE
A. Phase 1 – Program Preparation (1st Quarter of Grant Year) • The department will develop operational plans to implement the “best practice” strategies outlined in the objectives section.
• Conduct all training needed to implement the program, in the first quarter. • Purchase all grant related supplies and materials to implement the program, in the first quarter. • Items with a unit cost of $5,000 more (including tax and shipping) must comply with the Buy America Act.
• In order to develop/maintain the “DUI BOLOs,” research will be conducted to identify repeat DUI offenders with a suspended or revoked license as a result of DUI convictions. The DUI BOLO may include the driver’s name, last known address, DOB, description, current license status, and the number of times suspended or revoked for DUI. DUI BOLOs should be updated and distributed to traffic and patrol officers at least monthly. • Implementation of the STEP grant activities will be accomplished by deploying personnel at high crash locations.

Media Requirements
Issue a news release approved by the OTS PIO announcing the kick-off of the grant by December 31 and after the grant is signed and executed, but no sooner than October 1, the start of the grant year. The kick-off release must be approved by the OTS PIO. If you are unable to meet the December 31 deadline to issue a kick-off press release, communicate the reasons to your OTS grant coordinator and OTS PIO.

None
B. Phase 2 – Program Operations (Throughout Grant Year) Media Requirements
The following requirements are for all grant-related activities:
• Send all media advisories, alerts, videos, graphics, artwork, posters, radio/PSA/video scripts, storyboards, digital and/or print educational materials for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Optimum lead time would Packet Page. 855
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be 7 days before the scheduled release but at least 3 business days prior to the scheduled release date for review and approval is appreciated.
• Send all PowerPoint presentations, online presentations and trainings for grant-related activities to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator. Certified training courses are EXEMPT from the approval process.
• The OTS PIO is responsible for the approval of the design and content of materials. The agency understands OTS PIO approval is not authorizing approval of budget expenditure or cost. Any cost approvals must come from the OTS grant coordinator. • Pre-approval is not required when using any OTS-supplied template for media advisories, news releases, social media graphics, videos or posts, or any other OTS-supplied educational material.

However, copy the OTS PIO at [email protected] and your OTS grant coordinator when any material is distributed to the media and public, such as a news release, educational material, or link to social media post.
• If an OTS-supplied template, educational material, social media graphic, post or video is substantially changed, the changes shall be sent to the OTS PIO at [email protected] for approval and copy your OTS grant coordinator.
• News releases, social media posts and alerts on platforms such as NextDoor and Nixle reporting immediate and time-sensitive grant activities (e.g. enforcement operations, day of event highlights or announcements, event invites) are EXEMPT from the OTS PIO approval process.

The OTS PIO and your OTS grant coordinator should still be notified when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).
• Enforcement activities such as warrant and probation sweeps, court stings, etc. that are embargoed or could impact operations by publicizing in advance are EXEMPT from the PIO approval process. However, announcements and results of activities should still be copied to the OTS PIO at [email protected] and your OTS grant coordinator with the embargoed date and time or with “INTERNAL ONLY: DO NOT RELEASE” message in subject line of email. • Any earned or paid media campaigns for TV, radio, digital or social media that are part of a specific grant objective, using OTS grant funds, or designed and developed using contractual services by a subgrantee, requires prior approval.
• Social media posts highlighting state or national traffic safety campaigns (Distracted Driving Month, Motorcycle Safety Awareness Month, etc.), enforcement operations (DUI checkpoints, etc.), or any other grant-related activity such as Bicycle rodeos, presentations, or events, are highly encouraged but do not require prior approval.
• Submit a draft or rough-cut of all digital, printed, recorded or video material (brochures, posters, scripts, artwork, trailer graphics, digital graphics, social posts connected to an earned or paid media campaign grant objective) to the OTS PIO at [email protected] and copy your OTS grant coordinator for approval prior to the production or duplication. • Use the following standard language in all press, media, and printed materials, space permitting:

Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Space permitting, include the OTS logo on all grant-funded print materials, graphics and paid or earned social media campaign grant objective; consult the OTS PIO and copy your OTS grant coordinator for specifics, format-appropriate logos, or if space does not permit the use of the OTS logo.
• Email the OTS PIO at [email protected] and copy your OTS grant coordinator at least 21 days in advance, or when first confirmed, a short description of any significant grant-related traffic safety event or program, particularly events that are highly publicized beforehand with anticipated media coverage so the OTS has sufficient notice to arrange for attendance and/or participation in the event. If unable to attend, email the OTS PIO at [email protected] and your OTS grant coordinator brief highlights and/or results, including any media coverage (broadcast, digital, print) of the event within 7 days following significant grant-related event or program. The OTS PIO and your OTS grant coordinator should still be notified in advance when the grant-related activity is happening (e.g. car seat checks, bicycle rodeos, community presentations, DUI checkpoints, etc.).

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• Any news releases, work plans, scripts, storyboards, artwork, graphics, videos or any educational or informational materials that received OTS PIO approval in a prior grant year must be resubmitted for approval in the current grant year.
• For additional guidance, refer to the OTS Grants Materials Approval Process Guidelines and FAQs .
• Email the OTS PIO at [email protected] or your OTS grant coordinator for consultation when changes from any of the above requirements might be warranted.

None
C. Phase 3 – Data Collection & Reporting (Throughout Grant Year)

1. Prepare and submit grant claim invoices (due January 30, April 30, July 30, and October 30)

2. Prepare and submit Quarterly Performance Reports (QPR) (due January 30, April 30, July 30, and October 30)
• Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant-funded items, and significant media activities. Include status of grant-funded personnel, status of contracts, challenges, or special accomplishments.
• Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities.
• Collect, analyze and report statistical data relating to the grant goals and objectives.

None

4. METHOD OF EVALUATION
Using the data compiled during the grant, the Grant Director will complete the “Final Evaluation” section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant’s accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed.

5. ADMINISTRATIVE SUPPORT
This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion.

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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B

GRANT NUMBER
PT27198

FUND NUMBER CATALOG

NUMBER (CFDA)

FUND DESCRIPTION TOTAL AMOUNT
1906-27 20.611 Racial Profiling Prohibition Grants $21,050.00 405e DDA-27 20.616 Distracted Driving Awareness $63,150.00 402PT-27 20.600 State and Community Highway
Safety
$72,415.00
164ID-27 20.608 Minimum Penalties for Repeat
Offenders for Driving While
Intoxicated
$405,650.00

COST CATEGORY FUND
NUMBER

UNIT COST OR
RATE

UNITS TOTAL COST TO
GRANT
A. PERSONNEL COSTS
Straight Time
$0.00
Overtime
DUI/DL Checkpoints 164ID-27 $15,000.00 12 $180,000.00
DUI Saturation Patrols 164ID-27 $9,800.00 16 $156,800.00 Collaborative DUI Enforcement 164ID-27 $4,000.00 3 $12,000.00 Traffic Enforcement 402PT-27 $4,000.00 8 $32,000.00
Motorcycle Safety Enforcement 402PT-27 $2,500.00 4 $10,000.00 Pedestrian and Bicycle Enforcement 402PT-27 $1,800.00 8 $14,400.00 Traffic Safety Educational Presentations 402PT-27 $1,800.00 2 $3,600.00 Collaborative Traffic Enforcement 402PT-27 $2,500.00 1 $2,500.00 Street Racing and Sideshow Enforcement
Operations
402PT-27 $5,000.00 1 $5,000.00
Distracted Driving Enforcement 405e DDA27$5,262.50 12 $63,150.00 Community Collaboration Engagement 1906-27 $5,262.50 4 $21,050.00 Category Sub-Total $500,500.00
B. TRAVEL EXPENSES
In State Travel 402PT-27 $4,915.00 1 $4,915.00
$0.00
Category Sub-Total $4,915.00
C. CONTRACTUAL SERVICES
$0.00
Category Sub-Total $0.00
D. EQUIPMENT
DUI Trailer 164ID-27 $45,000.00 1 $45,000.00
Category Sub-Total $45,000.00
E. OTHER DIRECT COSTS
Phlebotomist 164ID-27 $85.00 75 $6,375.00
DUI Checkpoint Supplies 164ID-27 $5,475.00 1 $5,475.00
Category Sub-Total $11,850.00
F. INDIRECT COSTS
$0.00
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Category Sub-Total $0.00
GRANT TOTAL $562,265.00
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State of California – Office of Traffic Safety

GRANT AGREEMENT
Schedule B-1

GRANT NUMBER
PT27198

BUDGET NARRATIVE

PERSONNEL COSTS
DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Collaborative DUI Enforcement - Overtime for grant funded Collaborative DUI Enforcement operations conducted by appropriate department personnel
Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Motorcycle Safety Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Traffic Safety Educational Presentations - Overtime for grant funded traffic safety educational presentations conducted by appropriate department personnel.

Collaborative Traffic Enforcement - Overtime for grant funded Collaborative Traffic Enforcement operations conducted by appropriate department personnel
Street Racing and Sideshow Enforcement Operations - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Distracted Driving Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel.

Community Collaboration Engagement - Overtime for grant funded community collaborative engagement conducted by appropriate department personnel.

TRAVEL EXPENSES
In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. Anticipated travel may include the OTS Traffic Safety Summit – November 2026 – San Diego, CA, OTS Traffic Safety Law Enforcement Forum, and GHSA Annual Meeting – August 2027 – Anaheim, CA. All conferences, seminars or training not specifically identified in the Budget Narrative must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds.

CONTRACTUAL SERVICES
-

EQUIPMENT
DUI Trailer - Fully equipped trailer to transport DUI checkpoint supplies and to serve as a communication and command post during OTS operations. Costs may include the trailer, sales tax, delivery, installation costs, and other modifications and accessories or other items necessary to make the trailer usable for grant purposes, such as a generator, lighting, paint and graphics. The trailer cannot include any furniture or fixtures not affixed to the trailer.

OTHER DIRECT COSTS
Phlebotomist - To draw and collect blood samples during OTS funded grant operations from suspected DUI drivers on scene as evidence in support of DUI convictions in a court of law.

DUI Checkpoint Supplies - On-scene supplies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS Device Supplies, PAS Calibration Supplies, heater, propane for heaters, fan, anti-fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed.

INDIRECT COSTS
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-

STATEMENTS/DISCLAIMERS
There will be no program income generated from this grant.

Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements.

Any non-grant funded vacancies created by reassignment to a grant-funded position must be filled at the expense of the grantee agency.

Nothing in this agreement shall be interpreted as a requirement, formal or informal, that a particular law enforcement officer issue a specified or predetermined number of citations in pursuance of the goals and objectives here under.

The OTS grant funded activities must be separate from other grant funded program activities and maintained under separate accounting tracking codes (example: the same DUI checkpoint may not be funded by both the CHP Cannabis Tax Fund and the OTS).

Benefits for personnel costs can only be applied to straight time or overtime hours charged to the grant.

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Appendix A to Part 1300—Certifications and Assurances for Highway Safety Grants (23 U.S.C. Chapter 4 or Section 1906, Public Law 109-59, as amended by Section 25024, Public Law 117- 58)
The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies, and laws in effect with respect to the periods for which it receives grant funding.

Applicable provisions include, but are not limited to, the following:

GENERAL REQUIREMENTS
The State will comply with applicable statutes and regulations, including but not limited to:
• 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended; • Sec. 1906, Public Law 109-59, as amended by Sec. 25024, Public Law 117-58; • 23 CFR part 1300—Uniform Procedures for State Highway Safety Grant Programs; • 2 CFR part 200—Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards;
• 2 CFR part 1201—Department of Transportation, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards.

NONDISCRIMINATION
(applies to subrecipients as well as States)
The State highway safety agency [and its subrecipients] will comply with all Federal statutes and implementing regulations relating to nondiscrimination (“Federal Nondiscrimination Authorities”). These include but are not limited to:
• Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin);
• 49 CFR part 21 (entitled Non-discrimination in Federally-Assisted Programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); • 28 CFR 50.3 (U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964);
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686) (prohibit discrimination on the basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age);
• The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the
Federal aid recipients, subrecipients and contractors, whether such programs or activities are Federallyfunded or not); • Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38
State of California – Office of Traffic Safety

GRANT AGREEMENT
Exhibit A

GRANT NUMBER
PT27198
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The preceding statutory and regulatory cites hereinafter are referred to as the “Acts” and “Regulations,” respectively.

GENERAL ASSURANCES
In accordance with the Acts, the Regulations, and other pertinent directives, circulars, policy, memoranda, and/or guidance, the Recipient hereby gives assurance that it will promptly take any measures necessary to ensure that:
“No person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity, for which the Recipient receives Federal financial assistance from DOT, including NHTSA.”
The Civil Rights Restoration Act of 1987 clarified the original intent of Congress, with respect to Title VI of the Civil Rights Act of 1964 and other non-discrimination requirements (the Age Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973), by restoring the broad, institutional-wide scope and coverage of these nondiscrimination statutes and requirements to include all programs and activities of the Recipient, so long as any portion of the program is Federally assisted.

SPECIFIC ASSURANCES
More specifically, and without limiting the above general Assurance, the Recipient agrees with and gives the following Assurances with respect to its Federally assisted Highway Safety Grant Program:

1. The Recipient agrees that each “activity,” “facility,” or “program,” as defined in 49 CFR part 21 will be (with regard to an “activity”) facilitated, or will be (with regard to a “facility”) operated, or will be (with regard to a “program”) conducted in compliance with all requirements imposed by, or pursuant to the Acts and the Regulations.

2. The Recipient will insert the following notification in all solicitations for bids, Requests For Proposals for work, or material subject to the Acts and the Regulations made in connection with all Highway Safety Grant Programs and, in adapted form, in all proposals for negotiated agreements regardless of funding source:
“The [name of Recipient], in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that in any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.”

3. The Recipient will insert the clauses of appendix A and E of this Assurance (also referred to as DOT order 1050.2A) [1]in every contract or agreement subject to the Acts and the Regulations.

4. The Recipient will insert the clauses of appendix B of DOT Order 1050.2A, as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, structures, use, or improvements thereon or interest therein to a Recipient.

5. That where the Recipient receives Federal financial assistance to construct a facility, or part of a facility, the Assurance will extend to the entire facility and facilities operated in connection therewith.

6. That where the Recipient receives Federal financial assistance in the form of, or for the acquisition of, real property or an interest in real property, the Assurance will extend to rights to space on, over, or under such property.

7. That the Recipient will include the clauses set forth in appendix C and appendix D of this DOT Order 1050.2A, as a covenant running with the land, in any future deeds, leases, licenses, permits, or similar instruments entered into by the Recipient with other parties:
a. for the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and
b. for the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program.

8. That this Assurance obligates the Recipient for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the Packet Page. 863
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form of, personal property, or real property, or interest therein, or structures or improvements thereon, in which case the Assurance obligates the Recipient, or any transferee for the longer of the following periods:
a. the period during which the property is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; or
b. the period during which the Recipient retains ownership or possession of the property.

9. The Recipient will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he/she delegates specific authority to give reasonable guarantee that it, other recipients, sub-recipients, sub- grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Acts, the Regulations, and this Assurance.

10. The Recipient agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Acts, the Regulations, and this Assurance.

By signing this ASSURANCE, the State highway safety agency also agrees to comply (and require any subrecipients, sub-grantees, contractors, successors, transferees, and/or assignees to comply) with all applicable provisions governing NHTSA's access to records, accounts, documents, information, facilities, and staff. You also recognize that you must comply with any program or compliance reviews, and/or complaint investigations conducted by NHTSA. You must keep records, reports, and submit the material for review upon request to NHTSA, or its designee in a timely, complete, and accurate way. Additionally, you must comply with all other reporting, data collection, and evaluation requirements, as prescribed by law or detailed in program guidance.

The State highway safety agency gives this ASSURANCE in consideration of and for obtaining any Federal grants, loans, contracts, agreements, property, and/or discounts, or other Federal-aid and Federal financial assistance extended after the date hereof to the recipients by the U.S. Department of Transportation under the Highway Safety Grant Program. This ASSURANCE is binding on the State highway safety agency, other recipients, sub-recipients, sub-grantees, contractors, subcontractors and their subcontractors', transferees, successors in interest, and any other participants in the Highway Safety Grant Program. The person(s) signing below is/are authorized to sign this ASSURANCE on behalf of the Recipient.

THE DRUG-FREE WORKPLACE ACT OF 1988 (41 U.S.C. 8103)
The Subgrantee will provide a drug-free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the grantee's workplace, and specifying the actions that will be taken against employees for violation of such prohibition; b. Establishing a drug-free awareness program to inform employees about:

1. The dangers of drug abuse in the workplace;

2. The grantee's policy of maintaining a drug-free workplace;

3. Any available drug counseling, rehabilitation, and employee assistance programs;

4. The penalties that may be imposed upon employees for drug violations occurring in the workplace;

5. Making it a requirement that each employee engaged in the performance of the grant be given a copy of the statement required by paragraph (a); c. Notifying the employee in the statement required by paragraph (a) that, as a condition of employment under the grant, the employee will—

1. Abide by the terms of the statement;

2. Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; d. Notifying the agency within ten days after receiving notice under subparagraph (c)(2) from an employee or otherwise receiving actual notice of such conviction; e. Taking one of the following actions, within 30 days of receiving notice under subparagraph (c)(2), with respect to any employee who is so convicted—

1. Taking appropriate personnel action against such an employee, up to and including termination;

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rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
f. Making a good faith effort to continue to maintain a drug-free workplace through implementation of all of the paragraphs above.

POLITICAL ACTIVITY (HATCH ACT)
(applies to subrecipients as well as States)
The State will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508), which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds.

CERTIFICATION REGARDING FEDERAL LOBBYING
(applies to subrecipients as well as States)

CERTIFICATION FOR CONTRACTS, GRANTS, LOANS, AND COOPERATIVE AGREEMENTS The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement;

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions;

3. The undersigned shall require that the language of this certification be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

RESTRICTION ON STATE LOBBYING
(applies to subrecipients as well as States)
None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal.

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION
(applies to subrecipients as well as States)

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1. By signing and submitting this proposal, the prospective primary tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this covered transaction. The prospective primary tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective primary tier participant to furnish a certification or an explanation shall disqualify such person from participation in this transaction.

3. The certification in this clause is a material representation of fact upon which reliance was placed when the department or agency determined to enter into this transaction. If it is later determined that the prospective primary tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default or may pursue suspension or debarment.

4. The prospective primary tier participant shall provide immediate written notice to the department or agency to which this proposal is submitted if at any time the prospective primary tier participant learns its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

5. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the department or agency to which this proposal is being submitted for assistance in obtaining a copy of those regulations.

6. The prospective primary tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

7. The prospective primary tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any prospective lower tier participants, each participant may, but is not required to, check the System for Award Management Exclusions website
( https://www.sam.gov/).

9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate the transaction for cause or default.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS—PRIMARY TIER

COVERED TRANSACTIONS

1. The prospective primary tier participant certifies to the best of its knowledge and belief, that it and Packet Page. 866
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its principals:
a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;
b. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

2. Where the prospective primary tier participant is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this proposal.

INSTRUCTIONS FOR LOWER TIER PARTICIPANT CERTIFICATION

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below and agrees to comply with the requirements of 2 CFR parts 180 and 1200.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

4. The terms covered transaction, civil judgment, debarment, suspension, ineligible, participant, person, principal, and voluntarily excluded, as used in this clause, are defined in 2 CFR parts 180 and 1200. You may contact the person to whom this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled “Instructions for Lower Tier Participant Certification” including the “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions and will require lower tier participants to comply with 2 CFR parts 180 and 1200.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart

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records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension or debarment.

CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION—LOWER TIER

COVERED TRANSACTIONS

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

BUY AMERICA
(applies to subrecipients as well as States)
The State and each subrecipient will comply with the Buy America requirement (23 U.S.C. 313) when purchasing items using Federal funds. Buy America requires a State, or subrecipient, to purchase with Federal funds only steel, iron and manufactured products produced in the United States, unless the Secretary of Transportation determines that such domestically produced items would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. In order to use Federal funds to purchase foreign produced items, the State must submit a waiver request that provides an adequate basis and justification for approval by the Secretary of Transportation.

CERTIFICATION ON CONFLICT OF INTEREST
(applies to subrecipients as well as States)

GENERAL REQUIREMENTS
No employee, officer, or agent of a State or its subrecipient who is authorized in an official capacity to negotiate, make, accept, or approve, or to take part in negotiating, making, accepting, or approving any subaward, including contracts or subcontracts, in connection with this grant shall have, directly or indirectly, any financial or personal interest in any such subaward. Such a financial or personal interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or personal interest in or a tangible personal benefit from an entity considered for a subaward. Based on this policy:

1. The recipient shall maintain a written code or standards of conduct that provide for disciplinary actions to be applied for violations of such standards by officers, employees, or agents. a. The code or standards shall provide that the recipient's officers, employees, or agents may neither solicit nor accept gratuities, favors, or anything of monetary value from present or potential subawardees, including contractors or parties to subcontracts. b. The code or standards shall establish penalties, sanctions, or other disciplinary actions for violations, as permitted by State or local law or regulations.

2. The recipient shall maintain responsibility to enforce the requirements of the written code or standards of conduct.

DISCLOSURE REQUIREMENTS
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No State or its subrecipient, including its officers, employees, or agents, shall perform or continue to perform under a grant or cooperative agreement, whose objectivity may be impaired because of any related past, present, or currently planned interest, financial or otherwise, in organizations regulated by NHTSA or in organizations whose interests may be substantially affected by NHTSA activities. Based on this policy:

1. The recipient shall disclose any conflict of interest identified as soon as reasonably possible, making an immediate and full disclosure in writing to NHTSA. The disclosure shall include a description of the action which the recipient has taken or proposes to take to avoid or mitigate such conflict.

2. NHTSA will review the disclosure and may require additional relevant information from the recipient.

If a conflict of interest is found to exist, NHTSA may (a) terminate the award, or (b) determine that it is otherwise in the best interest of NHTSA to continue the award and include appropriate provisions to mitigate or avoid such conflict.

3. Conflicts of interest that require disclosure include all past, present, or currently planned organizational, financial, contractual, or other interest(s) with an organization regulated by NHTSA or with an organization whose interests may be substantially affected by NHTSA activities, and which are related to this award. The interest(s) that require disclosure include those of any recipient, affiliate, proposed consultant, proposed subcontractor, and key personnel of any of the above. Past interest shall be limited to within one year of the date of award. Key personnel shall include any person owning more than a 20 percent interest in a recipient, and the officers, employees or agents of a recipient who are responsible for making a decision or taking an action under an award where the decision or action can have an economic or other impact on the interests of a regulated or affected organization.

PROHIBITION ON USING GRANT FUNDS TO CHECK FOR HELMET USAGE (applies to subrecipients as well as States)
The State and each subrecipient will not use 23 U.S.C. Chapter 4 grant funds for programs to check helmet usage or to create checkpoints that specifically target motorcyclists.

POLICY ON SEAT BELT USE
In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, dated April 16, 1997, the Grantee is encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally-owned vehicles. The National Highway Traffic Safety Administration (NHTSA) is responsible for providing leadership and guidance in support of this Presidential initiative. For information and resources on traffic safety programs and policies for employers, please contact the Network of Employers for Traffic Safety (NETS), a public-private partnership dedicated to improving the traffic safety practices of employers and employees. You can download information on seat belt programs, costs of motor vehicle crashes to employers, and other traffic safety initiatives at www.trafficsafety.org. The NHTSA website ( www.nhtsa.gov) also provides information on statistics, campaigns, and program evaluations and references.

POLICY ON BANNING TEXT MESSAGING WHILE DRIVING
In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902.10, Text Messaging While Driving, States are encouraged to adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately-owned vehicles when on official Government business or when performing any work on or behalf of the Government. States are also encouraged to conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or reevaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting while driving.

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CONSENT CALENDAR
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Lynn Merrill, Director of Public Works
Department: Public Works
Subject: Consideration of a New Implementation Agreement for the Regional Stormwater Permit Program Between the County
of San Bernardino and Participating Permittees (All
Wards).

Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the National Pollutant Discharge-Elimination System (NPDES) Stormwater Permit Implementation Agreement, Santa Ana Region between the City of San Bernardino and the San Bernardino County Flood Control District.

City Manager's Comments
The City Manager recommends approval.

Executive Summary
The current Municipal Separate Storm Sewer System (“MS4”) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (collectively hereinafter referred to as “County”), and the sixteen incorporated cities (“co-permittees”) in the Santa Ana River Watershed portion of San Bernardino County.

The San Bernardino County Flood Control District is the Principal Permittee. Its’ primary responsibilities are to administer the overall stormwater program in conjunction with the cities, lead in the development of programs, act as the liaison with water board staff and prepare the consolidated required reports. As part of the requirements of the Permit, all co-permittees are required to enter into an “Implementation Agreement” which specifies the responsibilities of the co-permittees and establishes a cost-sharing formula for the program costs to be borne by each co-permittee.

The MS4 Permit is currently up for revision and adoption. This new MS4 permit would be applicable to the County and the 16 cities within San Bernardino County as well as Riverside County, Riverside County Flood Control District, 14 incorporated cities within Riverside County, Orange County, Orange County Flood Control District, 24 Packet Page. 870
incorporated cities in Orange County, and the Cities of Claremont and Pomona in Los Angeles County. The Implementation Agreement would be applicable to the requirements under the revised MS4 Permit should it get adopted.

The most significant revision in the proposed implementation agreement is the elimination of the County overhead rate applied to County staff time spent on areawide program activities. The proposed agreement outlines the responsibilities of the County, Flood Control District, and sixteen participating cities for implementing the regional MS4 stormwater permit. It also establishes how regional monitoring, reporting, public education, program management, and training will be funded. The existing costsharing formula will remain unchanged and will continue to be based on equal participation, population, and land area. The primary financial benefit is the removal of the County’s overhead charge, which is expected to reduce regional program costs.

Background
The current Municipal Separate Storm Sewer System (“MS4”) Permit is issued jointly to the County of San Bernardino, the San Bernardino County Flood Control District (collectively hereinafter referred to as “County”), and the sixteen incorporated cities (“co-permittees”) in the Santa Ana River Watershed portion of San Bernardino County.

The proposed new Implementation Agreement does not modify the existing cost share formula. The current methodology for calculating each co-permittee's share of program costs will remain unchanged.

Discussion
The most significant revision in the proposed agreement is the elimination of the County overhead rate applied to County staff time spent on area-wide program activities. At one point, this overhead rate reached 117% of direct labor costs.

Removing the overhead charge will result in substantial savings to the Area-Wide Program budget. For example, in FY 2024/25, the total program budget was $3,944,093, of which approximately $527,000 was attributable to overhead costs.

Additional revisions to the agreement include:
• Modifying meeting requirements to align with the MS4 Permit requirements, or at a minimum, require quarterly meetings.
• Revising the agreement term so that it remains in effect until a new agreement is executed or a party provides a one-year notice of withdrawal.

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• Establishing a deadline for co-permittees to pay their annual cost share contributions to ensure timely funding of Area-Wide Program activities. • Updating the proportional share of each co-permittee. • Removing obsolete provisions related to grants received under the American Recovery and Reinvestment Act. These revisions are intended to streamline the agreement, improve administrative efficiency, reduce program costs, and ensure consistency with current regulatory requirements.

The proposed agreement outlines the responsibilities of the County, Flood Control District, and sixteen participating cities for implementing the regional MS4 stormwater permit. It also establishes how regional monitoring, reporting, public education, program management, and training will be funded. The existing cost-sharing formula will remain unchanged and will continue to be based on equal participation, population, and land area. The primary financial benefit is the removal of the County’s overhead charge, which is expected to reduce regional program costs.

Future costs may increase once the new Santa Ana Regional MS4 Permit is adopted.

However, approving the agreement will allow the City to continue participating in the regional stormwater program and meeting its permit requirements.

Strategic Goals and Priorities
Approval of the proposed Implementation Agreement aligns with Goal No. 1 of the 2020-2025 Key Strategic Targets and Goals relating to Financial Stability. Adoption of the proposed revised Implementation Agreement will reduce program costs as well as reduce the number of meetings that the staff is required to attend annually in support of the NPDES program.

Fiscal Impact
The cost share for the member agencies of the Area-Wide San Bernardino County Stormwater Program is calculated using a formula based on an equal share allocation, population, and land area. The resulting cost share percentage is then applied to four program budget categories: Monitoring, Public Education, Program Management, and Training. For FY 2026/27, the City of San Bernardino’s cost-share percentage is

10.54%, resulting in an estimated contribution of approximately $279,843.00 to the Area-Wide Stormwater Program. The proposed agreement does not change the existing cost-sharing formula, which is based on equal participation, population, and land area.

Beginning in FY 2026/27, the City’s percentage and annual contribution will be recalculated each year based on the approved regional program budget. Although removal of the County’s overhead charge may reduce administrative costs, future costs may increase following adoption of the new regional MS4 Permit.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, approve the National Pollutant Discharge-Elimination System (NPDES) Packet Page. 872
Stormwater Permit Implementation Agreement, Santa Ana Region between the City of San Bernardino and the San Bernardino County Flood Control District.

Attachments
Attachment 1 – MS4 Implementation Agreement
Ward:

All Wards
Synopsis of Previous Council Actions:
2011 Approval of NPDES Implementation Agreement dated June 28, 2011 CC
Eric Levitt, City Manager
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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 1

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM

STORMWATER PERMIT IMPLEMENTATION AGREEMENT

SANTA ANA REGION
This AGREEMENT entered into as of this September 8, 2026 by San Bernardino County, (herein called the COUNTY), the San Bernardino County Flood Control District (herein called the DISTRICT), and the Cities of Big Bear Lake, Chino, Chino Hills, Colton, Fontana, Grand Terrace, Highland, Loma Linda, Montclair, Ontario, Rancho Cucamonga, Redlands, Rialto, San Bernardino, Upland, and Yucaipa (herein called the CITIES) establishes the responsibilities of each party with respect to compliance with National Pollutant Discharge Elimination System (NPDES) Stormwater regulations administered by the California Regional Water Quality Control Board, Santa Ana Region (SARWQCB) by the authority granted by the federal Clean Water Act (CWA) and its 1987 amendments and the Water Quality Act (WQA).

RECITALS
WHEREAS, Congress in 1987 amended Section 402 of the Federal Clean Water Act (33 U.S.C.A. 1342 (p)) to require the federal Environmental Protection Agency (EPA) to promulgate regulations for applications for permits for stormwater discharges; and WHEREAS, these permit regulations require the control of pollutants from stormwater discharges by requiring a National Pollutant Discharge Elimination System (NPDES) Permit for the discharge of stormwaters into waters of the United States; and WHEREAS, these EPA regulations require NPDES permits for discharges from municipal separate storm sewer systems (MS4 Permit) on a system-wide or jurisdiction-wide basis; and WHEREAS, the State Legislature, in enacting the San Bernardino County Flood Control Act, created the San Bernardino County Flood Control District to provide for the control of flood and storm waters; and
WHEREAS, the Powers granted to the DISTRICT by the San Bernardino County Flood Control Act include carrying on technical and other investigations, examinations, or tests of all kinds, making measurements, collecting data, and making analyses, studies, and inspections pertaining to water supply, control of floods, use of water, water quality, nuisance, pollution, waste, and contamination of water both within and without the DISTRICT; and WHEREAS, the CITIES, the COUNTY, and the DISTRICT desire to develop and implement an integrated stormwater discharge management program with the objective of improving water quality in the Santa Ana Watershed portion of San Bernardino County; and WHEREAS, the California State Water Resources Control Board (SWRCB) as designee of the EPA has delegated authority to the Regional Water Quality Control Board – Santa Ana Region (SARWQCB) for administration of the MS4 Permit program and issuance of MS4 Permits within the boundaries of their Region; and
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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 2 WHEREAS, the DISTRICT, COUNTY, and CITIES have been designated as joint permittees (Permittees) by the SARWQCB for the MS4 Permit issued to the County of San Bernardino; and WHEREAS, the DISTRICT has been designated as the Principal Permittee in the MS4 Permit; and
WHEREAS, the COUNTY and the CITIES have been designated as the Co-permittees in the MS4 Permit; and
WHEREAS, cooperation between the CITIES, the COUNTY, and the DISTRICT to jointly file an application for the MS4 Permit is in the best interest of the CITIES, the COUNTY, and the DISTRICT; and
WHEREAS, the Permittees shall establish and maintain a Management Committee to coordinate compliance with MS4 Permit requirements and implement a Stormwater Management Program across all jurisdictions covered by this MS4 Permit; and NOW THEREFORE, the parties hereto do mutually agree as follows:

I. Filing Status. The COUNTY, DISTRICT, and CITIES will jointly file (unless directed to proceed separately by the SARWQCB) the application for an area-wide storm water permit. The COUNTY, the DISTRICT, and each individual CITY will be a Permittee.

II. Management Committee. The DISTRICT, as Principal Permittee, and COUNTY and CITIES, as Co-permittees, shall support and facilitate compliance with area-wide MS4 Permit requirements and implementation of the Stormwater Management Program through the workings of the Management Committee. The responsibilities and structure of this committee shall include:

A. The purpose of the Management Committee shall be to develop policies, (including goals, needs, and priorities) budgets, and implementation strategies and plans for the area-wide Stormwater Management Program to ensure compliance with the MS4 Permit. The Management Committee shall evaluate implementation options and strategies and recommend implementation actions to the DISTRICT.

B. Each Permittee shall designate in writing at least one authorized representative and one alternate to participate on the Management Committee. Management Committee designees and alternates shall be authorized by their respective city council or governing board to cast votes on behalf of their jurisdiction to determine Stormwater Management Program budgets and all other program elements required to implement the areawide Municipal Stormwater Management Plan (MSWMP).

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 3 C. The Principal Permittee shall serve as the chairperson of the Management Committee.

D. The Management Committee shall meet at the frequency required by the MS4 Permit or on a quarterly basis.

E. Ten (10) authorized representatives present in person at a scheduled meeting constitute a quorum for the transaction of business of the Management Committee. If a quorum is not present at a scheduled Management Committee meeting, less than a quorum may adjourn the meeting. For all Management Committee actions other than approval of the budget as set forth in Section VII.C.1. of this AGREEMENT, a majority vote of the quorum shall decide any question brought before the Management Committee for decision.

F. The Management Committee shall support Stormwater Management Program implementation by providing guidance to the Principal Permittee with respect to stormwater program administration and approving elements of the area-wide MSWMP.

G. The Management Committee may establish subcommittees to support the work of the Management Committee. Subcommittees shall include interested members of the Management Committee, and/or other Permittee staff with necessary expertise. Subcommittees may develop recommendations for Management Committee consideration. Such recommendations require majority approval by members of the subcommittee on a one vote per Permittee basis.

H. Approval of Management Committee decisions will require a majority vote of the authorized representatives or alternates in attendance, on a one vote per Permittee basis. In the event that the Management Committee does not approve a subcommittee recommendation, the item will be directed back to the subcommittee for reconsideration.

I. All parties to this AGREEMENT achieve cost savings by working collectively to implement the areawide stormwater program. To maximize these cost savings, the Permittees agree that:

1. Each authorized representative shall actively participate in Management Committee meetings;

2. Each Permittee shall actively participate in at least one subcommittee, either through the authorized representative or other authorized designee. Participation will be defined as attendance at fifty percent (50%) or more of subcommittee meetings held in a given fiscal year.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 4 III. Principal Permittee Responsibilities.

The DISTRICT, acting through its Board of Supervisors, is the Stormwater Program Administrator for purposes of this AGREEMENT. The DISTRICT shall have administrative responsibilities and shall be reimbursed for its time expended on behalf of the Stormwater Program. These rates include actual hourly rate including fringe benefits plus any other direct cost(s). Materials are to be reimbursed at direct cost.

The DISTRICT, while acting as administrator, will strive to implement the policies, budget, and required program elements according to the recommendations of the Management Committee.

In turn, the Management Committee will work in good faith with the DISTRICT to make reasonable policy, budget and required program element recommendations to the DISTRICT.

The Parties recognize and acknowledge, however, that the DISTRICT, as governed by the San Bernardino County Flood Control District Board of Supervisors, retains final authority regarding the nature and manner in which the recommendations of the Management Committee shall be executed.

In the event that the DISTRICT proposes to implement an approach different than the one recommended by the Management Committee, the DISTRICT's proposed alternative action shall be communicated to the Management Committee at the next available meeting of the Management Committee. If the Management Committee approves the alternative action, then the cost sharing provisions of this AGREEMENT shall govern the allocation of any costs associated with that alternative action. If, in good faith, the Management Committee does not approve the alternative action, the DISTRICT may implement the alternative action, but the DISTRICT shall be solely responsible for paying the increased costs, if any, resulting from the alternative action. This increased cost shall be measured by the difference between the cost of the alternative action and the estimated cost of the action as reasonably recommended by the Management Committee.

If the DISTRICT’S proposed alternative implementation action involves an increase in program costs, that alternative implementation action shall not be adopted until such time as each authorized representative of the Management Committee has had 45 days to relay that alternative implementation action to its various governing bodies for approval. CITIES and COUNTY shall have no responsibility for the incremental increase in cost associated with an alternative action that is not approved by the Management Committee after 45 days has passed with the governing bodies failing to approve the alternative implementation action.

The DISTRICT will act as the contracting party, on behalf of the Co-permittees for Stormwater Management Program contracts and agreements with all consultants, contractors, vendors or other entities as recommended by the Management Committee.

The DISTRICT, if recommended by the Management Committee, may act on behalf of the Copermittees as applicant in preparing and submitting grant proposals, and may act as administrator for any awarded grant funds.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 5 The DISTRICT, if recommended by the Management Committee, will act on behalf of the Stormwater Program as the contracting party and signatory in joint agreements with other municipal stormwater programs and stakeholders for regional benefits and cooperation.

As the Principal Permittee under the MS4 Permit, the DISTRICT shall coordinate all area-wide MS4 Permit activities and manage the Stormwater Management Program by:

A. Conducting chemical, biological and bacteriological water quality monitoring on behalf of the areawide program as required by the MS4 Permit.

B. Implementing management programs, monitoring programs, and related plans as required by the MS4 Permit.

C. Preparing and submitting to the Executive Officer (SARWQCB) unified reports, plans, and programs necessary to comply with the MS4 Permit.

D. Coordinating and conducting Management Committee meetings as specified in the MSWMP.

E. Taking the lead role in initiating and developing area-wide programs and activities necessary to comply with the MS4 Permit.

F. Participating, as needed, in any subcommittees formed to facilitate MS4 Permit requirements.

G. Providing technical and administrative support and inform the Copermittees of the progress of other pertinent municipal programs, pilot projects, research studies, and other information to facilitate implementation of Co-permittees’ stormwater program.

H. Coordinating the implementation of area-wide Stormwater Management Program activities such as a monitoring program, public education, and pollution prevention.

I. Gathering and disseminating information on the progress of statewide municipal stormwater programs and evaluate the information for potential use in the execution of the MS4 Permit.

J. Monitoring the implementation of the plans and programs required by the MS4 Permit and determine their effectiveness in attaining water quality standards.

K. Coordinating with SARWQCB activities pertaining to implementation of the MS4 Permit, including the submittal of all required reports, plans, and programs.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 6 L. Soliciting and coordinating public input for any major proposed stormwater management programs and implementation plans.

M. Developing and implementing mechanisms, performance standards, etc., to promote consistent implementation of Best Management Practices among the Permittees.

N. Cooperating in watershed management programs and regional and/or statewide monitoring programs.

IV. Co-permittee Responsibilities. The Co-permittees shall support the Principal Permittee by:

A. Preparing and submitting to the Principal Permittee in a timely manner all required information necessary to comply with permit reporting requirements. Timely completion of Permittee annual report information is considered meeting the deadline if received on or before September 15th of each reporting year.

B. Notifying the Principal Permittee immediately, in writing, of any changes to the designated representative to the Management Committee.

C. Reviewing and commenting on all plans, strategies, management programs, and monitoring programs, as developed by the Principal Permittee or a subcommittee of the Management Committee.

D. Conducting and/or coordinating with the Principal Permittee on any surveys or characterizations needed to identify pollutant sources from specific drainage areas.

V. Compliance Responsibilities. The DISTRICT, COUNTY and CITIES are individually responsible for implementing all MS4 Permit requirements within their respective jurisdictions. The Management Committee does not assume any responsibility for implementing the Stormwater Management Programs for the Principal Permittee or any other Permittee or for ensuring that the Principal Permittee or the Co-permittees implement programs consistent with the recommendations of the Management Committee.

VI. Indemnification and Insurance. Each party shall indemnify, defend, and hold harmless the other parties to this AGREEMENT from and against any and all liability and expense arising from any act or omission of the indemnifying party, its authorized officers, employees, agents, and volunteers in connection with the performance of this AGREEMENT, including, but not limited to reasonable defense costs, reasonable legal fees, claims, actions, damages, liability, and causes of action for damages of any nature whatsoever; provided, however, that no party shall indemnify another party for that party’s own negligence or willful misconduct.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 7 In the event a party, or parties, to this AGREEMENT is/are found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under this AGREEMENT, the party, or parties shall indemnify the other party/parties to the extent of its/their comparative fault. Furthermore, if a party attempts to seek recovery from the other for Workers’ Compensation benefits paid to an employee, the parties agree that any alleged negligence of the employee shall not be construed against the employer of that employee.

The parties to this AGREEMENT are authorized self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers’ Compensation and warrant that through their programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of their performance under this AGREEMENT.

VII. Program Costs. The responsibilities for payment of all shared costs of equipment, services, contracted analytical services, and the cost of implementing the MS4 Permit, shall be distributed among the DISTRICT, COUNTY, and CITIES as follows:

A. The DISTRICT shall contribute 5% of the annual Program Costs; the other Permittees shall be responsible for the remaining 95% of the Program Costs.

B. The annual budget shall separate program costs into four Program Areas:

1. Monitoring, which shall include any water quality and hydrographic monitoring and laboratory analyses.

2. Public Education, which shall include all public outreach programs.

3. Program Management & Regulatory Activities, which includes administrative, reporting and regulatory activities.

4. Training, which addresses any training conducted to implement the stormwater management program.

C. The Principal Permittee shall prepare and implement an annual operating budget with the participation of the Permittees. The budget year shall coincide with the fiscal year of the DISTRICT, July 1 – June 30.

1. The Principal Permittee will forward the annual operating budget for the forthcoming year to the Co-permittees for review and approval. The review period shall be from the first business day of November to the first business day of December of each year.

During the review period, the Co-permittees may provide written Packet Page. 880
June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 8 comments on the budget to the Principal Permittee. The Fiscal Subcommittee will review the comments on the budget and endorse a draft budget for Management Committee approval. The Management Committee will consider the draft budget for approval at the January meeting. An affirmative response from a majority of the total number of authorized representatives or authorized alternates is required for approval.

D. For Fiscal Year 2025/26, the Permittees cost share shall be as follows:

PERMITTEE PERCENTAGE SHARE
Big Bear Lake 1.63
Chino 4.93
Chino Hills 5.22
Colton 3.43
Fontana 9.49
Grand Terrace 1.66
Highland 3.62
Loma Linda 2.31
Montclair 2.43
Ontario 9.00
Rancho Cucamonga 8.35
Redlands 5.12
Rialto 5.33
San Bernardino 10.60
Upland 4.14
Yucaipa 4.19
County 13.54
District 5.00
TOTAL 100
E. For Fiscal Year 2026/27, and all subsequent fiscal years the Permittees cost share shall be determined annually according to the methodology provided in Appendix A.

F. For Fiscal Year 2026/27, and all subsequent fiscal years, the Permittees annual cost share shall be calculated by November 1 of each year and shall be included in the annual budget proposal.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 9 G. The DISTRICT shall invoice each CITY and the COUNTY for its annual deposit after July 1, the start of the fiscal year. Each CITY and the COUNTY shall pay the deposit within 60 days of the date of the invoice.

Each CITY’s and the COUNTY’s deposit shall be based on their prorated share of the approved annual budget, reduced for any surplus identified in the prior fiscal year-end accounting.

H. The DISTRICT shall make reasonable efforts to inform the Management Committee during the fiscal year of potential exceedances of the approved budget that may require the Parties to increase the deposits. If at any time during a fiscal year the program costs exceed the sum of the deposits, the DISTRICT shall submit invoices to the CITIES and the COUNTY to recover the deficit. The share for each CITY and the COUNTY shall be prorated according to the formula above (see Paragraphs D and E of this Section). Each CITY and COUNTY shall pay the invoice within 60 days of the billing date.

I. The DISTRICT shall prepare a fiscal year end accounting at the end of each fiscal year and distribute copies to the Permittees for their review by October 31 of that year. Permittees shall have 30 calendar days from the date of their receipt of the fiscal year end accounting to dispute in writing or concur with the findings. If the fiscal year end accounting results in costs exceeding the sum of the deposits (including interest earnings), the DISTRICT shall invoice each CITY and the COUNTY for its prorated share of the excess cost. Each CITY and the COUNTY shall pay the billing within 60 days of the date of the invoice. If the fiscal year end accounting results in the sum of the deposits (including interest earnings) exceeding costs, the excess deposits will carry forward to reduce the billings for the following year.

J. Upon termination of the program, a final accounting shall be performed by the DISTRICT. If costs exceed the sum of the deposits (including interest earnings), the DISTRICT shall invoice each CITY and the COUNTY for its prorated share of the excess. Each CITY and the COUNTY shall pay the invoice within 60 days of the date of the invoice. If the sum of the deposits (including interest earnings) exceeds the costs, the DISTRICT shall reimburse to each CITY and the COUNTY its prorated share of the excess (including any interest earnings remaining), within 30 days of the final accounting.

K. Each CITY and the COUNTY shall bear the financial responsibility for implementing the program within its jurisdictional boundaries, including any applicable MS4 permit fees, as outlined in Section V.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 10 L. The annual administrative costs (includes actual hourly rate including fringe benefits plus any other direct cost) incurred by the DISTRICT shall be included in the budget for the Areawide Program Costs and paid according to this Section, Section III and Appendix A.

M. The financial responsibility for this AGREEMENT will be effective on the date this AGREEMENT takes effect.

VIII. Term of the AGREEMENT. The term of the AGREEMENT coincides with the current MS4 Permit (Order No. R8-2010-0036) and subsequent MS4 Permits that list the DISTRICT, COUNTY, and the CITIES as Permittees. This AGREEMENT shall take effect on the date it is approved by all parties. This AGREEMENT shall terminate upon the effective date of a new implementation agreement approved by all parties which will supersede this AGREEMENT.

IX. Additional Parties. Any city or other entity which wishes to be a Permittee on the San Bernardino County MS4 Permit that was issued by SARWQCB shall agree to the provisions in this funding agreement and shall sign this AGREEMENT prior to being included in the permit. The date of initiation, for determining participant costs for any new Permittee shall be the date of inclusion in the San Bernardino County MS4 Permit issued by SARWQCB. The cost for adding any additional Permittee to the program, including additional permit and processing fees, shall be paid by the added Permittee.

Monies, if any, to be reimbursed to the existing Permittees shall be credited to their respective annual program operating fees for the following budget year.

X. Withdrawal from the AGREEMENT. A Permittee may withdraw from this AGREEMENT at the end of any fiscal year with written notice being received by the DISTRICT 1 year prior to the end of the fiscal year. A withdrawing Permittee will not be allowed refunds for tasks, projects or studies already underway in which funds have been obligated for the fiscal year.

The withdrawing Permittee shall be responsible for all assessed penalties as a consequence of withdrawal. The cost allocations to the remaining members will be calculated in the following budget year.

XI. Breach. Failure to comply with the terms of this AGREEMENT is a breach of the agreement. If a breach is not cured within ninety (90) days after receiving a notice to cure the breach by a permittee, permittee in breach may be terminated from this AGREEMENT by a majority vote of the Management Committee.

XII. Non-compliance with MS4 Permit Requirements. Any Permittee found in noncompliance with the conditions of the MS4 Permit within their jurisdictional responsibilities shall be solely liable for any assessed penalties, pursuant to Section 13385 of the Water Code. Penalties that apply to all the Permittees shall be assessed according to the formula in Appendix A.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 11 XIII. Legal Action/Costs/Attorney Fees. Where any legal action is necessary to declare any party’s rights hereunder or enforce any provision hereof for any damages by reason of an alleged breach of any provisions of this AGREEMENT, each party shall bear its own attorney’s fees and costs incurred in conjunction with such legal action regardless of who is found to be the prevailing party. This section shall not apply to those costs and attorney’s fees arising from any third party legal action against a party hereto and payable under Section VI, Indemnification and Insurance.

XIV. Amendments to the AGREEMENT. This AGREEMENT may be amended by consent of a three-quarters majority of the Permittees (rounded to the nearest whole number).

Amendments to this AGREEMENT may be adopted and executed concurrently, and shall become effective upon its execution by a majority of the Permittees as defined above.

XV. Authorized Signatories: Each Permittee will determine who will be the authorized signatory. This person shall be authorized to execute the application(s) for MS4 Permit(s) and take all other procedural steps necessary to file the application(s) for MS4 Permits.

XVI. Notices. All notices shall be deemed duly given if delivered by hand; or five (5) working days after deposit in the U.S. Mail, certified mail, return receipt requested.

XVII. Governing Law. This AGREEMENT will be governed and construed in accordance with laws of the State of California. If any provision or provisions of this AGREEMENT shall be held to be invalid, illegal or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired hereby. Any legal action which arises out of or is in any way related to this AGREEMENT shall be brought in the Superior Court of the San Bernardino County.

XVIII. Consent to Breach not Waiver. No term or provision hereof shall be deemed waived and no breach excused, unless such waiver or consent shall be in writing and signed by any Permittee to have waived or consented. Any consent by any Permittee to, or waiver of, a breach by the other whether expressed or implied, shall not constitute a consent to, waiver of, or excuse for any other different or subsequent breach.

XIX. Reserved.

XX. Applicability of Prior Agreements. This document constitutes the entire AGREEMENT between the Permittees with respect to the subject matter; all prior agreements, representation, statements, negotiations, and undertakings are superseded hereby and shall be deemed terminated upon the effective date of this AGREEMENT.

XXI. Execution of the AGREEMENT. This AGREEMENT may be executed in counterpart and the signed counterparts shall constitute a single instrument.

XXII. No Separate Entity. This AGREEMENT established a framework for PERMITTEE cooperation on storm water issues. Nothing in this AGREEMENT shall be construed to create an entity separate from the local agencies that join in this cooperative effort.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 12 IN WITNESS WHEREOF, the AGREEMENT has been executed as of the day and year first above written.

PLEASE INSERT YOUR AGENCY’S STANDARD SIGNATURE PAGE.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 13

APPENDIX A
A. The DISTRICT shall pay five percent (5%) of the total annual cost, and the COUNTY and the remaining Co-permittees, collectively, shall pay the remaining ninety-five percent (95%) of the total annual cost pursuant to the formula set forth in Paragraph C, below.

B. The Permittees total annual cost share is the sum of the individual cost-shares calculated for each Program Cost Area.

C. The Permittees annual cost share for each Program Cost Area (PCAi) shall be calculated using three cost factors:

1. Base, which represents the percentage of the program costs equally applied to all Permittees. The base (B) fraction is calculated as follows:

B = 1/N, where N = number of Permittees

2. Relative Population, which represents the percentage of the program costs based on the relative population of each Permittee. Relative population (RP) of each Permittee shall be calculated annually from annual population estimates issued by the California Department of Finance (E-1 Table).

RPi = (Pi/Ptotal), where
RPi = relative population of Permittee (i)
Pi = population of Permittee (i)
Ptotal = total population for area covered by the area-wide permit

3. Relative Land Area, which represents the percentage of the program costs based on the relative land area of each Permittee. Relative Land Area (RLA) shall be calculated as follows:
a. The calculation of relative land area within each Permittee’s jurisdiction shall exclude land under tribal, state or federal jurisdiction, or any land excluded by the State Water Resources Control Board. Any Permittee seeking to exclude lands under this Section shall specifically request that exclusion from the Principal Permittee by providing the request in writing along with necessary documentation no later than October 1 to be considered for inclusion in the next year’s annual budget. The requesting Permittee has the burden of proving entitlement to any exemption so requested.
b. The method for calculating relative land area shall be determined from the Assessor’s Parcel data provided by the COUNTY Information Services Department.

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June 8, 2010 MS4 MS4_Implementation_Agreement_Council_Version (1) 14 RLAi = (Li/Ltotal), where
RLAi =relative land area of Co-permittee (i)
Li = land area of Co-permittee (i), less excluded lands Ltotal = total land area under permit jurisdiction
D. The Permittee’s cost share for each individual Program Cost Area is based on the relative importance of the cost factors to the Program Cost Area. The cost share calculation for each Program Cost Area is as follows:

PCAi = [(B * Xi * ABi) + (RPi * Yi * ABi) + (RLAi * Zi * ABi)] Where,
PCAi = Permittee’s cost share for PCAi
ABi = Annual budget for PCAi
B = Base fraction for each Permittee
Xi = Percentage apportioned to the base for PCAi
RPi = Relative population of Permittee(i)
Yi = Percentage apportioned to relative population for PCAi RLAi = Relative land area of the Permittee(i)
Zi = Percentage apportioned to relative land are for PCAi E. The Permittee’s total annual cost share shall be calculated by summing the cost shares calculated for each individual Program Cost Area:

Permittee’s annual cost share = PCA1 + PCA2 + PCA3 + PCA4 Table 1. Budget Year [DATE]
Program Cost Areas
(PCAi)
Percent of the Program Cost Area
Apportioned to each Cost Factor
Base
(Xi)
Relative
Populatio
n (Yi)
Relative
Land
Area (Zi)
Monitoring (PCA1) 10% 30% 60%
Public Education (PCA2) 10% 80% 10%
Program Management &
Regulatory Activities
(PCA3)
30% 50% 20%
Training (PCA4) 30% 60% 10%
Packet Page. 887

DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Tanya Romo, Deputy City Manager
Department: Community Development & Housing
Subject: Homeless Strategic Action Plan 2026-2031 –
Implementation Framework (All Wards)
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the Homeless Solutions Action Plan, and provide direction to staff regarding implementation priorities, resource allocation, and partnership development for Fiscal Year 2026-2031.

City Manager's Comments
This item is intended to outline the 5-year Homeless Strategic Action Plan for City Council discussion and consideration.

Executive Summary
The City of San Bernardino continues to advance a coordinated and data-driven approach to addressing homelessness through the development of a Five-Year Homeless Strategic Action Plan. The purpose of the Strategic Action Plan is to establish a comprehensive framework that guides the City’s efforts to reduce homelessness, improve system coordination, strengthen partnerships, and expand access to housing and supportive services over the next five years.

The Strategic Action Plan aligns local priorities with regional, state, and federal homelessness initiatives and identifies measurable goals, implementation strategies, and performance outcomes. The plan will serve as a roadmap for the City, service providers, community partners, and stakeholders to address homelessness through prevention, outreach, interim housing, permanent housing solutions, behavioral health services, workforce development, and long-term stabilization efforts.

Recent Point-in-Time Count data reflect continued progress in the City’s homelessness response efforts, including reductions in homelessness through coordinated outreach, Packet Page. 888
housing navigation, and supportive service initiatives. However, ongoing strategic planning, resource coordination, and sustained investment remain necessary to address continuing challenges and improve long-term outcomes for individuals and families experiencing homelessness. Staff is seeking City Council discussion and direction on implementation priorities, partnership development, and future strategies for the Five-Year Homeless Strategic Action Plan.

Background
The City of San Bernardino continues to face significant challenges related to homelessness and housing insecurity. Rising housing costs, limited shelter capacity, and increased demand for supportive services have created an urgent need for a coordinated, data-driven response.

In 2025, the City initiated the development of a new and updated Homeless Solutions Action Plan (HSAP) to establish a unified framework that aligns City efforts with those of County agencies, service providers, and community partners, including nonprofit organizations.

The HSAP is guided by the principles of compassion, collaboration, and accountability, emphasizing long-term solutions to homelessness while ensuring that immediate needs for safety and stability are met.

Discussion
The Homeless Solutions Action Plan establishes a five-year strategic framework to guide the City’s efforts to reduce homelessness, improve system coordination, expand housing opportunities, and strengthen supportive services for individuals and families experiencing homelessness. The plan aims to provide a coordinated, measurable approach that aligns local efforts with regional, state, and federal homelessness initiatives while addressing the unique needs of the San Bernardino community.

The Action Plan incorporates local analysis, Point-in-Time Count data, and assessment of existing programs and service gaps to support data-informed decisionmaking and implementation strategies. The plan also aligns with the City’s broader housing and homelessness objectives and supports the Housing and Homeless Services Division’s ongoing efforts to leverage federal and state funding resources, including Community Development Block Grant (CDBG), HOME, Emergency Solutions Grant (ESG), Encampment Resolution Funding (ERF), and Permanent Local Housing Allocation (PLHA) programs.

The Action Plan identifies three primary focus areas:

1. Strengthen collaboration and coordination among public agencies, service providers, and community stakeholders;

2. Increase and enhance supportive services and income support programs;

3. Improve housing capacity through expanded sheltering, interim housing, permanent housing opportunities, and long-term housing stabilization Packet Page. 889
strategies.

Key implementation priorities identified in the Action Plan include eliminating barriers to housing access and improving long-term housing retention through evidence-based service models and coordinated case management practices. The plan also emphasizes the use of low-barrier emergency sheltering as part of a comprehensive housing services continuum designed to support individuals transitioning from homelessness to permanent housing.

Additionally, the Action Plan prioritizes strengthening regional partnerships and interagency collaboration, including coordination with the Continuum of Care (CoC), County Department of Behavioral Health (DBH), service providers, and communitybased organizations to improve service coordination, maximize funding opportunities, and support a unified regional response to homelessness. Recent City Council actions, including the declarations of a Homelessness State of Emergency in 2023 and 2024, further reflect the City’s ongoing commitment to addressing homelessness through coordinated and strategic efforts.

To address increasing demand for housing resources, the Action Plan includes strategies to expand housing availability and support the development of additional housing opportunities across the City. These efforts are intended to improve housing access, reduce returns to homelessness, and promote long-term community stability.

Staff is seeking City Council feedback and direction on implementation priorities, partnership development, funding considerations, and future policy strategies for the Homeless Solutions Action Plan.

Strategic Goals and Priorities
This item is consistent with Strategic Target and Goal No. 3, Improved Quality of Life:

Fiscal Impact
Implementation of the HSAP will require a combination of local, state, and federal resources, as well as private and philanthropic support. Staff will pursue funding opportunities through the State Homeless Housing, Assistance, and Prevention (HHAP) Program, Community Development Block Grant (CDBG), and other grant sources. While funding may be supported through grants or external sources, there is a potential unknown impact on the General Fund related to ongoing operational, administrative, or support costs.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, receive and file the Homeless Solutions Action Plan, and provide direction Packet Page. 890
to staff regarding implementation priorities, resource allocation, and partnership development for Fiscal Year 2026-2031.

Attachments
Attachment 1 Homeless Solutions Action Plan
Attachment 2 HSAP PPT
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
CC
Eric Levitt, City Manager
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Mission ...................................................................................................................................................1 Introduction............................................................................................................................................2 Existing Conditions and Strategic Response................................................................................... 2 Current and upcoming programs offered in San Bernardino: ..................................................................2 City's Vision................................................................................................................................. 3 Goals.......................................................................................................................................................4 Needs Assessment................................................................................................................................6 Background and Demographics..................................................................................................... 6 Settlement History ...................................................................................................................................6 Race and Ethnicity...................................................................................................................................7 Economic Headwinds ..............................................................................................................................7 Homelessness .........................................................................................................................................7 Housing Market........................................................................................................................................8 Employment & Income.............................................................................................................................8 2026 Point in Time Count Data.................................................................................................... 10 Methodology ..........................................................................................................................................10 Unhoused Population ............................................................................................................................11 Facilities, Services, and Service Providers ................................................................................... 14 Transitional & Permanent Supportive Housing......................................................................................14 Emergency Shelters and Homelessness Prevention.............................................................................14 Shelters..................................................................................................................................................17 Referral Services ...................................................................................................................................18 City of San Bernardino Police Department and Homeless Outreach Support Team ............................19 Land Use Opportunities .........................................................................................................................20 Analysis of Strengths, Weaknesses, Opportunities, and Challenges ............................................21 Gap Analysis of Emergency Shelters ....................................................................................................21 Collaboration and Coordination Opportunities.......................................................................................22 Strengths and Challenges of Supportive Services ................................................................................26 Top Priority –Emergency/Interim Housing: ............................................................................................27 Lower priority needs: .............................................................................................................................27 Housing for the Unhoused.....................................................................................................................27 Packet Page. 893
Guiding Principles ...................................................................................................................... 28 Supportive Pathways to Housing................................................................................................... 28 Prioritizing Long-Term Solutions ................................................................................................... 28 Alignment with National Best Practices......................................................................................... 28 Supportive Pathways to Housing............................................................................................... 28 Reducing Entry Barriers ................................................................................................................ 29 Rapid Connection to Permanent Supportive Housing................................................................... 29 Voluntary Supportive Services ...................................................................................................... 29 Increasing Housing Availability...................................................................................................... 30 Prioritizing Long-Term Solutions ............................................................................................... 30 National Best Practices............................................................................................................. 31 Action Plan................................................................................................................................... 32 Action 1: Strengthen Collaboration and Coordination ................................................................ 32 Recommendations:........................................................................................................................ 32 Action 2: Increase and Enhance Supportive Services and Income Support ............................... 33 Recommendations:........................................................................................................................ 33 Action 3: Improve Housing Capacity.......................................................................................... 33 Recommendations:........................................................................................................................ 34 Action Plan Timeline ................................................................................................................... 35 Impact Analysis ........................................................................................................................... 38 Community Cost Saving Analysis.............................................................................................. 38 Community Benefits.................................................................................................................. 39 Funding and Resource Strategy ................................................................................................ 40 Performance Metrics................................................................................................................. 42 Conclusion ................................................................................................................................... 44 Acknowledgements..................................................................................................................... 45 References ................................................................................................................................... 46 Packet Page. 894
1 Mission
The Mission of the City’s Housing and Homeless Division is to enhance the quality of life of our residents by utilizing federal, state, and local funds to create affordable housing, improve the City’s housing stock, and support homelessness prevention programs.

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2 Introduction
The City of San Bernardino has developed a Homelessness Solutions Action Plan (HSAP) to guide coordinated strategies and strengthen community partnerships. This plan responds directly to the unique needs of San Bernardino’s unhoused community and embraces the guiding principles of focused leadership, collaboration, and quality of life improvement.

The HSAP integrates local analysis, Point-in-Time count (PITC) results, and ongoing initiatives to shape a comprehensive strategy. It aligns with the City’s broader vision of sustainable community prosperity and the Housing and Homeless Division’s mission to utilize federal, state, and local resources, such as the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grant (ESG), Encampment Relief Fund (ERF) and Permanent Local Housing Allocation (PLHA), to expand affordable housing, improve the resources such as CDBG, HOME, ESG, and PLHA to expand affordable housing, improve housing stock, and support prevention programs.

The implementation of this HSAP is supported by City departments and regional agencies, service providers, and community partners. Recent City Council actions, including the 2023 Homelessness State of Emergency Declaration and subsequent 2024 reaffirmation, as well as the January 15, 2026, special workshop meeting to outline the plan to address homelessness, underscore the urgency and commitment to this work. Through the Continuum of Care (CoC), local outreach teams, and coordinated entry systems, the City will deliver additional housing options, supportive services, and collaborative solutions to make homelessness rare, brief, and non-recurring.

Existing Conditions and Strategic Response
The City of San Bernardino continues to implement strategies to meet the needs of its unhoused community members. The most recent, 2026 PIT Count reflects these efforts with a 23.6% decrease in homelessness compared to the year before. This shows that the City’s strategies are effective, however community needs remain high. The 2026 PITC revealed 737 unsheltered individuals, 327 sheltered, and 108 in transitional housing.

To meet this growing need, the City of San Bernardino continues to expand and strengthen its homelessness services. A full accounting of the City’s background, demographics, and data used within this HSAP is included in the 2026 Point in Time Count Data. Error! Reference source not found., and Error! Reference source not found..

Current and upcoming programs offered in San Bernardino:
• Street outreach efforts through the San Bernardino Police Department’s (SBPD) Proactive Enforcement and Community Engagement Team (PEACE), as well as collaborations with the Salvation Army, the Innovative Remote Onsite Assistance Delivery program (InnROADs), a behavioral health response crisis-intervention program operated by the San Bernardino County Department of Behavioral Health (DBH), and the Community Outreach and Support Team (COAST), another crisis-response team operated by the San Bernardino County Sheriff’s Department. • Rapid Rehousing (RRH) Homeless Prevention program funded through the Emergency Solutions Grant (ESG) and Encampment Resolution Fund (ERF), which aims to provide supportive services and temporary assistance for individuals and families to exit homelessness and secure permanent housing.

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3 • Interim housing through the ERF-funded Interim Housing Program which aims to assist 64 individuals each year.
• The Motel Voucher Program provides 200 interim shelter beds for the unhoused. • The San Bernardino Community Wellness Campus (SBCWC) is a HomeKey-funded navigation and non-congregate, low-barrier and pet-friendly interim housing center being developed in collaboration with Lutheran Social Services of Southern California (LSSSC). The project will add 140 noncongregate interim beds, bringing the campus total to 210 beds when combined with the existing 70 shelter beds, and will serve unhoused men in the City of San Bernardino. The SBCWC project is anticipated to open in March 2026 and will provide individualized case plans for at least 95% of residents within 72 hours of entry.
• The upcoming SB HOPE campus, a City-run, pet-friendly navigation center that will provide lowbarrier, congregate and non-congregate, interim housing to help address the root causes of homelessness and offer 200 beds for unsheltered residents.

City's Vision
We envision a thriving, safe, and inclusive city where all residents have stable housing, equitable opportunities, and pathways to prosperity.

We Envision a world-class city that capitalizes on its location, the diversity of its people, and its economy to create a broad range of choices for its residents in how they live, work, and play.

We Envision a thriving city possessing a sustainable system of high-quality education, community health, public safety, housing, retail, recreation, arts and culture, and infrastructure.

We Envision a vibrant economy with a skilled workforce that attracts employers who seek the unique opportunities the city has to offer and provide jobs that create citywide prosperity.

We Envision a model community which is governed openly and ethically, where all sectors work collaboratively to reach shared goals.

We Envision a city that is recognized as the county's business and government center and a home for those seeking a sense of community and the best life has to offer.

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4 Goals
As outlined in the 2025 – 2030 Consolidated Plan, the City of San Bernardino is committed to expanding housing and homelessness prevention services to its community members. In that effort, and as introduced in the previous fiscal year's goals and objectives, the priority shall continue to be the creation of an improved quality of life, which includes reducing the burden of homelessness.

Goal Guiding Principles Recommendations
Goal 1: Expand interim and
emergency housing
capacity to reduce
unsheltered homelessness
and improve stabilization
outcomes.

Aligning Action 3: Improve
Housing Capacity
Supportive Pathways to
Housing
Prioritizing Long-Term
Solutions
National Best Practices
• Expand shelters,
transitional housing, and
Permanent Supportive
Housing
• Add 400+
interim/emergency beds
• Increase length of stay in
interim housing
Integrate wrap-around
services
• Develop pathways from
shelter to PSH
Goal 2: Advance major
capital and housing
development projects to
expand long-term
affordable housing supply.

Aligning Action 3: Improve
Housing Capacity
Supportive Pathways to
Housing
Prioritizing Long-Term
Solutions
• Expand affordable
housing projects
Promote ADU
conversions
Reuse land/abandoned
properties
Streamline zoning and
permitting
• Offer incentives for
affordable housing
development
• Leverage state and
federal funding
• Invite affordable housing
developers to participate
in workshops
Goal 3: Strengthen
outreach and encampment
resolution efforts using
service-led, coordinated
strategies.

Aligning Action 1:

Strengthen Collaboration &
Coordination
Supportive Pathways to
Housing
Prioritizing Long-Term
Solutions
National Best Practices
• Increase coordination
and collaboration with
service providers and
stakeholders
• Increase low-barrier
shelter access through
coordinated referral
processes
• Utilize data to inform
proactive, strategic
outreach and resolution
efforts
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5 • Participate in shared
training programs
Goal 4: Increase permanent
housing placements and
strengthen housing
stability outcomes.

Aligning Action 2: Increase
and Enhance Supportive
Services and Income
Support
Supportive Pathways to
Housing
Prioritizing Long-Term
Solutions
• Increase RRH capacity
and resources
Strengthen pathways to
PSH
• Integrate health and
housing services
• Create peer mentorship
networks
Goal 5: Improve system
coordination, data quality,
and accountability across
funded programs.

Aligning Action 3: Improve
Housing Capacity
National Best Practices • Develop joint dashboards
with City-specific data
• Conduct internal audits of
state and federally
funded programs to
ensure compliance
Goal 6: Expand
homelessness prevention
and diversion services to
reduce inflow into the
homeless system.

Supportive Pathways to
Housing
Prioritizing Long-Term
Solutions
• Expand workforce
training and employment
pathways
• Enhance mental
health/substance use
support
• Implement housing
navigation services
Table 1 - Goals, Guiding Principles, and Recommendations Packet Page. 899
6 Needs Assessment
Analyzing the availability and accessibility of homeless services in San Bernardino reveals unmet needs.

Homelessness disproportionately impacts the City of San Bernardino, which has about 40% of the homeless population in the County despite having only 11 percent of its population. This section assesses the unhoused population, services currently provided, and any unmet needs.

Background and
Demographics
Settlement History
Stretching more than 62 square miles
with a population of approximately
221,774, the City of San Bernardino
serves as the county seat for San
Bernardino County, ranking as the
second-largest city in the Inland
Empire and the 18th largest city in the
State of California (2019 - 2023 ACS 5
- Year Estimate, n.d.). The City of San
Bernardino stands on the unceded
ancestral homelands of the Maara’yam
(Serrano) people, especially the
Yuhaaviatam Clan and historically, the
Tongva people in areas like
Wa’aachnga. Today, these
communities are represented by the
Yuhaaviatam of the San Manuel Nation
and the Morongo Band of Mission
Indians. Founded as a town by Mormon
pioneers in 1851, the City was incorporated in 1854 and quickly grew into a vital commercial crossroads between Southern California and the American Southwest, connected by the Pacific Electric Railway. By 1910, the City’s population had nearly doubled in size. The establishment of an Army Air Corps base and nearby Kaiser Steel mill during World War II created jobs and economic growth. By 1977, the City was named an “All-America City” by the National Civic League (2021 - 2029 Housing Element). Today, it remains a central economic and cultural cornerstone in the Inland Empire.

San Bernardino boasts a wide range of cultural and recreational amenities, including the historic California Theatre, the San Manuel Stadium, the San Bernardino History and Railroad Museum, and access to the San Bernardino National Forest. Residents enjoy dozens of parks, sports fields, and community events that celebrate the City’s rich heritage and vibrant diversity.

Figure 1 - City Boundary
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7 Race and Ethnicity
Approximately 70% of San Bernardino residents
identify as Hispanic, and the largest age group is 25 – 44-year-olds, making up 30% of the population (2019 –
2023 ACS 5-Year Estimate). The City is home to
California State University, San Bernardino, and San
Bernardino Valley College. Alongside several private
educational institutions, the City’s primary public school district, San Bernardino City Unified School District
(SBCUSD), operates over 70 schools and is one of the
largest in California. Despite the vast opportunities for educational growth across all levels of learning, San
Bernardino’s population has a relatively low level of
educational attainment compared to other urban areas.

The 2023 American Community Survey 5-Year
Estimate data reveal only a little under 13% of the
City’s population has a bachelor’s degree or higher.

Most adult residents do not pursue higher education
past a High School degree.

Economic Headwinds
Like many growing communities, San Bernardino has
faced challenges over the decades. The local economy
experienced a significant downturn with the closure of
Kaiser Steel and Norton Air Base in the late 20th century, exacerbated by the real estate boom and bust cycle and rising unemployment. The 2007 Housing Crisis had a significant impact, with rapid drops in property values and a surge in foreclosures. The decline in disposable income and property values significantly impacted the ability to generate property and sales tax revenue, eventually culminating in the City filing for bankruptcy in August of 2012. A deadly terrorist attack in 2015 and the impact of the COVID-19 pandemic in 2020 mounted the economic and social burdens.

Homelessness
Homelessness is a critical issue in the City
of San Bernardino. In fact, the city has the
highest number of unhoused people
among all jurisdictions in the county. San
Bernardino receives Emergency Solutions
Grant (ESG) funding through HUD, which
it uses to support services that include
emergency shelter, rapid rehousing,
homelessness prevention, and street outreach. The city also participates in regional strategic efforts to combat homelessness and provide services to homeless individuals, including assisting in the preparation of the 2022 Homeless to Home Roadmap to Self-Sufficiency and the County’s 2022 Homeless Strategic Action Plan. Despite the efforts of City Agencies and local and regional service providers, the City’s homeless population has been steadily increasing. San Bernardino aims to increase coordination and strengthen Figure 2 -Race Ethnicity Demographics
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8 partnerships to expand the impact of housing and homeless programs in the area, hopefully decreasing the number of homeless families and individuals in the coming years.

Figure 3 - The Three Phases of Homelessness
Housing Market
In the aftermath of the recession and housing crisis in the mid-2010s, San Bernardino’s housing market remains relatively affordable compared to the rest of Southern California, with the median home price in 2023 hovering at around $404,900, compared to the state median value of $695,400. However, this is a nearly 41 percent increase from the median home value of $287,700 just three years prior. Likewise, the median contract rent increased by approximately 28% from $970 in 2020 to $1,241 in 2023 (2019 – 2023 ACS 5-Year Estimates, 2016 – 2020 ACS 5-Year Estimates). The vast jump in real estate prices reflects the increasing difficulty in attaining homeownership. As home values have more than doubled in the last decade, it is no surprise that the majority of housing units in San Bernardino are renter occupied. The lack of affordable housing, coupled with low educational attainment and wages, only fuels the issue of homelessness.

Employment & Income
Alongside the rapid rise in housing costs, the unemployment rate as of the 2023 U.S. Census was 6.5%.

With a median household income of $63,133, 19.5% of the population lives below the poverty level.

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9 Furthermore, according to 2017 – 2021 Comprehensive Housing Allocation Strategy (CHAS) data, approximately 55% of households in San Bernardino are classified as low-to-moderate income (LMI) or being below 80% of the HUD Area Median Family Income (HAMFI) threshold, thereby making them more susceptible to housing problems such as cost burden, overcrowding, and increasing the risk of homelessness.

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10 2026 Point in Time Count Data
Methodology
The PIT Count is an annual survey
conducted to estimate the number of
individuals and families experiencing
homelessness, mandated by HUD for
all CoC communities that receive
federal CoC funding. The PIT Count is
completed on a single night in the last
week of January and relies on a
collaborative effort between volunteers
and key persons, including
representatives of local government,
social service providers, law
enforcement, nonprofit agencies and
current and formerly homeless
individuals. For San Bernardino, The
PITC is coordinated by the San Bernardino Office of
Homeless Services, County Homeless Partnership, and in consultation with the Institute for Urban Initiatives.

To complete the unsheltered count, trained volunteer counters go into neighborhoods, parks, encampments, and other known locations where unhoused individuals stay and collect demographic and situational information through the Subpopulation Survey. Local shelters, transitional housing programs, and other facilities report how many people were housed on that night. HUD requires CoCs to conduct a sheltered count every year and an unsheltered count every other year. The San Bernardino City and County CoC conducts an annual unsheltered count. The most recent, 2026 PITC unsheltered count was conducted onthe night of Monday, January 22, 2026..

Per HUD’s instructions, a person was considered unhoused, and thus counted, only when they fell within the HUD-based definition of unhoused by residing in one of the places described below:
• In places not meant for human habitation, such as cars, parks, sidewalks, and abandoned buildings; • In an emergency shelter; and
• In transitional housing for unhoused persons.

A person was not considered unhoused if the person resided in one of the following places:
• Medical facilities, such as hospitals, psychiatric facilities, and nursing homes, where people are admitted for care;
• Jails, prisons, or juvenile detention facilities;
• Chemical dependency facilities, such as substance use treatment facilities and detox facilities or; • Foster care homes or foster care group homes.

Per HUD’s instructions, children identified as unhoused by McKinney-Vento Homeless Coordinators at schools are not counted. Children may be included in the count if they live in an emergency shelter or transitional housing program, or if they are unsheltered. Lastly, HUD does not consider persons who are Figure 4 - 2026 Unhoused Population by Status
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11 doubled up,” or persons who are “near homelessness,” to be unhoused but considers them to be at risk of becoming unhoused. Therefore, such people are not included in the unhoused count.

Unhoused Population
Sheltered Status
Analyzing the historic PITC data reveals a steady increase for a number of years in the City’s unhoused population, doubling within the last decade. 2026 was the first year within this decade (not accounting for 2021 when PIT Count did not take place) that the number of unhoused individuals actually dropped. The recent decrease in the City’s unhoused population for the first time in a decade shows that the strategies laid out in this plan, many of which the City has already adopted, are proving to be effective.

Most unhoused persons in San Bernardino City are unsheltered. The 2026 PIT Count documented 1,172 total unhoused individuals in San Bernardino, 737, or approximately 63%, of which are unsheltered. 327 sheltered individuals were counted, and 108 were identified in transitional housing.

Not included in the PIT Count data are children identified as unhoused under the Mckinney-Vento Act. San Bernardino City Unified school district reported approximately 5,610 homeless students enrolled in the 2024- 2025 school year. Approximately 86% were temporarily doubled-up with other households, 7% were staying in hotels or motels, 4% were in temporary shelters, and 3% were temporarily unsheltered.

Table 2 – 2026 Sheltered and Unsheltered Population1
Table 3 - Change in Sheltered and Unsheltered Populations 2025-2026 2 Total Number of Unsheltered
Persons
Total Number of Sheltered
Persons Total Number
2025 2026 Difference 2025 2026 Difference 2025 2026 Difference # # # % # # # % # # # %
981 737 -244 -

24.85 5
554 327 -227 -40.9 1,535 1,172 -363 -23.6
Table 4 - Total Unhoused Persons in the City of San Bernardino Over Time3 Total Unhoused Persons in the City of San Bernardino
2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026
564 491 646 890 1056 - 1350 1502 1417 1535 1172
1 Source: 2026 Point in Time Count
2 Source: 2026 Point in Time Count
3 Source: 2026 Point in Time Count
Sheltered Transitional Housing Unsheltered Total
327 108 737 1,172
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12 Table 6 - Unhoused Population by City, from the 2026 PITC report.

Table 6 - Unhoused Population by City4
Jurisdiction Sheltered Unsheltered
Shelter Transitional
Housing
Total
County 930 340 2448 3718
Barstow 29 27 80 136
Colton 85 0 118 203
Fontana 74 53 343 470
Ontario 37 16 245 298
Rancho Cucamonga 4 0 97 101
Redlands 19 8 107 134
San Bernardino 327 108 737 1172
Victorville 304 33 104 441
Total 879 245 1911 2955

94.5% 72.1% 78.1% 83.0%
4 2026 Point in Time Count
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13 Gender Demographics
The report illustrates that there is a disproportion in the percentage of men who suffer from homelessness. The
overwhelming majority (70.9%) of the unhoused
population is male, while 29.1% self-identified as female.

Mental illness, health, and physical disability
The PITC further reflects that 22.7% of unhoused
individuals within the City reported mental health
disability, 25.8% reported physical disability, 7.7%
reported developmental disabilities, 22.7% reported
chronic health issues, and 1.5% reported living with HIV AIDs.

A closer look at PITC data reveals that the City of San Bernardino has the highest concentration of unhoused
people. Those impacted the most by homelessness are
between the ages of 35 to 44.

Of the identified unhoused population in San Bernardino:

Figure 5 - Gender Demographics
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14 Facilities, Services, and Service Providers
This portion of the Needs Assessment documents the facilities, services, and service providers currently operating to address homelessness in San Bernardino.

Transitional & Permanent Supportive Housing
Family Stabilization Program (DBH Referral only) – provides transitional housing and supportive services for families referred through the Department of Behavioral Health, focusing on stabilization and long‑term housing solutions.

Keys Nonprofit – offers permanent supportive housing and case management services for individuals and families experiencing homelessness, with an emphasis on self‑sufficiency and community integration.

Lighthouse Social Service Centers – provides transitional and permanent supportive housing programs, including wraparound services such as employment support, counseling, and life‑skills training.

Mary’s Mercy Center – operates transitional living programs for men, women, and children (12–24 months), combining housing with supportive services to help residents achieve independence.

Step Up on Second – delivers permanent supportive housing and mental health services, specializing in serving individuals experiencing chronic homelessness and serious mental illness.

Time for Change Foundation – provides transitional and permanent supportive housing for women and children, with a focus on empowerment, leadership development, and long‑term stability.

The Salvation Army - partners with the City to provide vital assistance to the unhoused population within the city through the Outreach and Engagement Team. Through this collaboration, the Outreach and Engagement team offers transportation services to individuals seeking shelter, crisis support, rehabilitation, or family reunification. The Outreach and Engagement team remains committed to delivering essential services to those experiencing homelessness, including access to longer-term shelters, rehabilitation programs, and reunification assistance. Outcomes for the period between July 2024 through May 2025 are as follows:

Emergency Shelters and Homelessness Prevention
The City regularly contracts with the Salvation Army, and in the past the Lutheran Social Services of Southern California (LSS) and Community Action Partnership (CAP), to provide ESG funds for the use of emergency shelter and homelessness prevention. For the Fiscal Year of 2024 – 2025, the Salvation Army reported providing emergency shelter to 60 individuals from 29 households. Participants entered from locations not meant for human habitation, emergency shelters, or safe havens. The Homelessness Prevention project served 31 individuals in 11 households, providing targeted financial assistance and housing stabilization services to help participants avoid entering the homeless services system (FY24-25 CAPER ESG SAGE Report). There are currently 889 active shelter beds in the City. Although the City has experienced a 120% increase in shelter beds between 2022 and 2025, a significant shelter bed gap remains. The 2026 Point-in-Time Count (PITC) identified 1,172 unhoused individuals in San Bernardino on a single night in January 2026, of whom 737 were unsheltered. In addition, the City does not have direct access to most of the shelter beds currently identified, further limiting its ability to meet immediate shelter demand. Furthermore, many local service providers mandate program involvement as a prerequisite to receiving services. For example, the Salvation Army is required to conduct initial evaluations to determine Packet Page. 908
15 eligibility and adhere to various HUD and CoC-established program quality benchmarks, such as ensuring that at least 20% of program participants receive employment income. While the intention is to promote long-term self-sufficiency, these stipulations to access services create critical gaps, cutting off many community members who are in dire need of support.

Table 2 - Facility Capacity reflects the estimated capacity of available shelter and interim beds currently available in the City. San Bernardino plans to add at least 400 new interim housing beds within the next five years. The opening of the SB HOPE campus and the San Bernardino Community Wellness campus within the next year alone will greatly help achieve this goal.

Table 2 - Facility Capacity
Provider/Facility/Program Estimated Capacity
Lutheran Social Services 210 beds
The Salvation Army 142 beds
Restoration House of Refuge 18 beds
Operation Grace 38 beds
Welcome Home 7 beds
Family Assistance Program (FAP) 6 beds
Time for Change Foundation 18 beds
Mary’s Mercy Center 75 beds
Mary’s Haven 35 beds
The Way World Outreach 70 beds
Pacific Village 28 beds
City Interim Shelter (MV & VARP ERF) 212 beds
County Bridge Housing 30 beds
Total Shelter Beds Within City Limits 889 beds
Below, Table 3 - City of San Bernardino Subsidized Multi-Family Housing, represents the number of subsidized housing and multifamily affordable housing projects within the City by Target Resident, Project Financing, and At-Risk Status.

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16 Table 3 - City of San Bernardino Subsidized Multi-Family Housing5 Development Name Target
Residents
Project
Financing
Total
Units
Affordable
Units
Earliest
Expiration
At Risk
Status
Village Green All Ages LIHTC/HAP 184 181 2042 Not At-Risk Ramona Sr. Project Senior LIHTC/MRB 44 43 2024 High Risk The Waterman Large
Family
LIHTC 128 127 2030 High Risk
Autumnwood/Millcreek All Ages LIHTC 160 158 2030 High Risk Maplewood Home Family PBV 296 296 2026 Low Risk
Arrowhead Woods Senior PBV 51 51 2027 Low Risk
Kendall Drive Apts. Family PBV 37 6 2025 Low Risk
Kendall Park Apts. Family PBV 52 4 2025 Low Risk
Frazee Family HOME 14 13 2029 Low Risk
7 Arrows Family HOME 9 9 2029 Low Risk
Sterling Village Large
Family
LIHTC 80 79 2036 Not At-Risk
Magnolia at Highland Senior LIHTC 80 79 2041 Not At-Risk Lugo Apartments Senior LIHTC 119 118 2044 Not At-Risk
Vintage at Kendall Senior LIHTC 178 176 2043 Not At-Risk Arrowhead Vista Senior LIHTC 40 39 2069 Not At-Risk
New Zion Manor Family LIHTC 125 125 2071 Not At-Risk
Beautiful Light Inn Senior LIHTC 100 99 2072 Not At-Risk Pioneer Park Plaza All Ages LIHTC 161 159 2073 Not At-Risk Foothill Villas Large
Family
LIHTC 239 237 2075 Not At-Risk
Baseline Coop Senior 202/811 75 74 Permanent Not At-Risk St. Bernardine Plaza Senior 202/811 150 148 2037 Not At-Risk TELACU Monte Vista Senior 202/811 75 74 2057 Not At-Risk TELACU San Bern. V Senior 202/811 75 74 2065 Not At-Risk TELACU Buena Vista Senior 202/811 75 74 2058 Not At-Risk TELACU Sierra Vista Senior 202/811 75 74 2057 Not At-Risk TELACU La Amistad Senior 202/811 89 89 2064 Not At-Risk TELACU Hacienda Senior 202/811 75 74 2064 Not At-Risk
AHEPA 3002 Senior 202/811 90 90 2047 Not At-Risk
Meadowbrook Park Family HAP/HOME 267 210 2033 Not At-Risk Creekside Apartments Family Bonds 304 60 2049 Not At-Risk All Star Lodge PSH HOMEKEY 75 75 N/A Not At-Risk
Valencia Vista Large
Family
LIHTC 76 75 2068 Not At-Risk
5 Source: City of San Bernardino 2021-2029 Housing Element Packet Page. 910
17 Olive Meadow Large
Family
LIHTC 62 42 2073 Not At-Risk
Crestview Terrace Large
Family
LIHTC 184 182 2076 Not At-Risk
Tuscany/Silverwood Family Bond 328 66 2057 Not At-Risk
Eastpointe Village Family RDA/NSP 52 52 2046 Not At-Risk Phoenix Apartments Transitional CalHFA 9 9 2033 Not At-Risk Golden Apartments PSH HOME 39 38 2057 Not At-Risk
San Bernardino Senior Senior 202/811 80 79 2042 Not At-Risk Pacific Village All Ages HCD 2033 Not At-Risk

SUBTOTALS BY TYPE
Target Residents Total
Units
Affordable
Units
Large Family 769 742
Senior 1471 1455
Family 1484 841
All Ages 505 498
PSH 114 113
Transitional 114 113
Shelters
Lutheran Social Services (LSS) – provides emergency shelter as a "bridge" to permanent housing, and wrap-around services to help homeless men 18 years and older to achieve self-sufficiency.

The Salvation Army Hospitality House – provides emergency shelter, referrals to permanent housing services, and meals to families and single females experiencing homelessness.

Mary’s Mercy Center – provides food, showers and clothing for homeless individuals and families; also provides transitional living programs for men and separately, women and children.

Family Service Association of Redlands – provides emergency shelter (motel vouchers), wraparound services, and case management to prevent homelessness.

Restoration House of Refuge – provides transitional housing and supportive services for individuals and families recovering from homelessness, with a focus on stability, life‑skills development, and pathways to permanent housing.

Operation Grace – provides emergency shelter and supportive services exclusively for women and children under 11 years old.

Time for Change Foundation ES – provides emergency shelter and supportive services for women and children, with a focus on empowerment and long‑term housing stability.

Path of Life Community Shelter ES – provides emergency shelter and supportive services designed to help individuals and families transition from homelessness to permanent housing.

Packet Page. 911
18 Mary’s Haven – provides housing and supportive services specifically for women with children, helping families achieve stability and independence.

The Way World Outreach (7 Transformation Houses) – operates multiple transformation houses offering shelter, recovery support, and wraparound services for individuals seeking stability and self‑sufficiency.

Men & Women’s Shelter & Downtown Resource Center – provides emergency shelter for both men and women, along with a downtown resource center offering meals, case management, and linkages to permanent housing.

Pacific Village – provides supportive housing and services for individuals and families experiencing homelessness, with a focus on long‑term stability and community integration (referrals come from various County departments (e.g. DBH, DAAS, CDH).

Family Assistance Program – provides emergency shelter, transitional housing and supportive services to homeless youth, survivors of domestic violence and victims of human trafficking.

Referral Services
The San Bernardino County Homeless Partnership (SBCHP) – developed to promote a strong collaboration between agencies directing planning, development, and implementation of the County’s 10- year Strategy to end chronic homelessness. SBCHP is a network of community and faith-based organizations, educational institutions, non-profit organizations, private industry, and federal, state, and local governments. SBCHP provides leadership in creating a comprehensive countywide network of service delivery to the homeless and near-homeless families and individuals through facilitating better communication, planning, coordination, and cooperation among all entities that provide services and/or resources for the relief of homelessness in San Bernardino County.

Community Action Partnership of San Bernardino County (CAPSB) – provides temporary rental assistance, financial literacy education, and linkages to other support services.

Catholic Charities – offers emergency assistance, housing support, and case management services for low‑income and homeless individuals and families.

Foothill AIDS Project – provides housing assistance, medical case management, and supportive services for individuals living with HIV/AIDS.

U.S. VETS – Inland Empire – delivers housing, employment, and supportive services tailored to veterans experiencing homelessness.

Inland Fair Housing and Mediation Board – provides fair housing services, tenant/landlord mediation, and advocacy to prevent housing discrimination and eviction.

Inland Counties Legal Services, Inc. – offers legal aid for low‑income residents, including housing rights, eviction defense, and benefits advocacy.

Legal Aid Society of San Bernardino – provides free or low‑cost legal services to individuals and families facing housing instability or homelessness.

Packet Page. 912
19 City of San Bernardino Police Department and Homeless Outreach Support Team
The Proactive Enforcement and Community Engagement Team, also known as the PEACE Team, is a unit within the San Bernardino Police Department that
functions as a homeless outreach division. The PEACE
team is a multidisciplinary initiative aimed at connecting community members to essential support services and
resources to reduce barriers to housing and promote
long-term personal stability. This team excels in
delivering a strategic blend of social support and
enforcement fueled by their core mission to improve
quality-of-life through innovative approaches. To date, the PEACE team has made contact with over 2,800
unhoused individuals in the City of San Bernardino in
an effort to conduct proactive engagement strategies.

Depending on an individual’s unique circumstances and
needs, a range of services are provided, including
family reunification, shelter placement, case
management, room and board, and additional support.

The PEACE team attributes its success to strategic partnerships and support across a network of agencies and individuals. Each person involved in the team’s efforts plays a pivotal role in expanding their reach and impact. Key partners include:
• Public Works Department
• Community Development and
Housing Department - Housing and
Homeless Services Division
• The San Bernardino County
Department of Behavioral Health
• The Salvation Army
• Redwood Security
• Park Rangers
Figure 6 – 2025 Accomplishments
Packet Page. 913
20 Land Use Opportunities
SLA Public Land, Motel Conversions
The city plans to target underutilized public land and motels to expand affordable housing. Guided by the California Surplus Land Act, 141 City-owned parcels are identified for potential housing development across various zones and densities. Priority goes to affordable housing proposals during the 60-day notice period, requiring at least 25% of units for lower-income households (or 15% if no proposals succeed).

Some of the City’s objectives for the next five years include:
• Use surplus lands to aid in the development of affordable housing, prioritizing families with low- to very low-incomes.
• Leverage motels, churches, and public land for conversions. • Pursue ADU development and infill projects.
• Partner with affordable housing developers and secure gap financing.

Packet Page. 914
21 Analysis of Strengths, Weaknesses, Opportunities,
and Challenges
Gap Analysis of Emergency Shelters
This section of the Needs Assessment focuses on gaps and expansion recommendations for shelters, transitional housing, and permanent supportive housing. The data was drawn from the 2026 Homeless PIT Count, the City of San Bernardino’s 2025–2029 Consolidated Plan, including the Market Analysis (MA-30, MA-35), and the Homeless Needs Assessment (NA-40).

San Bernardino is at a pivotal moment in strengthening its supportive housing and services landscape.

Capital investments are underway that will significantly expand the City’s capacity to deliver integrated, housing-focused services. The forthcoming Community Wellness Campus, developed through Project HomeKey in partnership with Lutheran Social Services of Southern California and Dignity Moves is expected to open in Spring of 2026 and will introduce a comprehensive navigation center offering low-barrier, non-congregate interim housing paired with wrap-around supportive services. With 140 beds, onsite medical care, and rapid development of individualized case plans, the campus is positioned to become a cornerstone of the City’s rehousing strategy.

Similarly, the SB HOPE Campus, scheduled to be completed in December 2026, will further enhance the regional system by providing another low-barrier, service-rich environment designed to address the root causes of homelessness. The hybrid campus of congregate and non-congregate beds is expected to open in the first quarter of 2027 and will be operated by Helping Hearts California. SB HOPE will connect individuals to medical respite, behavioral health care, substance use treatment, employment pathways, and permanent housing resources. It will also serve as a prevention hub, offering rental and utility assistance through collocated partner agencies to stabilize households at risk of losing their housing. These two projects will help to fill current existing gaps and address the complex needs of the City's unhoused populations.

Table 4 - Analysis of Capacity Gaps for Emergency Shelter Beds Estimated Current Capacity Estimated Demand
(PITC/CHAS)
Estimated
Gap
889 beds 1,172 unhoused –
2026 PITC
300 beds
Table 5 - Expansion Priorities
Priority Level Expansion Focus Gap Size Recommendation
High New
interim/emergency
housing beds
400+ beds Expand low-barrier
interim housing shelter
beds
Medium Motel voucher
program
Limited supply Bridge to permanent
housing
Low Specialized population Capacity limited Expand targeted programs
Packet Page. 915
22 The City’s current shelter and housing resources are insufficient to meet the community's needs, as indicated by the PIT Count and HUD CHAS data. The Point-in-Time Count is a snapshot taken on a single night and is generally considered a conservative estimate. The City’s goal is not to match that number exactly, but to build upon existing shelter capacity so that unhoused individuals encountered by outreach teams within City boundaries have ample options for safe shelter. As a result, the City estimates the need to fill a 400-bed gap.

Collaboration and Coordination Opportunities
Streamlined services prevent duplication, inefficiency, and barriers for people experiencing homelessness. It also opens the door for creative and innovative programs to target homelessness from a holistic approach, garnering input from state, regional, and local partners.

Table 6 - Service Provider Collaboration Opportunities
Entity Role/ Function Coordination
Link
Strengths Challenges
City of San
Bernardino
Governing body:

Mayor’s Office,
City Council,
Community
Development &
Housing
Department
Administers ESG,
HOME, and CDBG
funding, contracts for
RRH, shelter, and
prevention services,
SB HOPE Campus
Member of the
CoC,
participates in
CES and HMIS.

Contracts with
Salvation Army,
and Family
Association of
Redland
Administers

ESG, HOME,
and CDBG
funding.

Contracts
directly with
providers.
launching SB
HOPE Campus
Limited data
access to HMIS
Lack of City -
County
coordination
San
Bernardino
County CoC
(CA-609)
Governing
Body:

Interagency
Council on
Homelessness
(ICH)
Administrative &
System
Management:

Office of
Homeless
Services (OHS)
Support:

Homeless
Provider
Network (HPN)
of the San
Regional homeless
policy implementation
HMIS
CES
Coordinates with
City programs
San Bernardino
County
Department of
Behavioral
Health
Housing
Authority of the
County of San
Bernardino
Regional
homeless
policy
implementation
Manages
HMIS and CES
Hosts
Homeless
Provider
Network
Steering
Committees
County-wide
approach
San Bernardino
City's unique
needs can be
lost in regional
approaches.

Limited
accountability at
City level
Packet Page. 916
23 Bernardino
County
Homeless
Partnership
(SBCHP)
Housing
Authority of
the County of
San
Bernardino
(HACSB)
Administers Housing
Choice Vouchers,
Emergency Housing
Vouchers (EHVs),
Permanent
Supportive Housing
(PSH), and landlord
engagement
Accepts CES
referrals
Partners with the
City and social
service providers
to place
households
Administers
Housing
Choice
Vouchers,
Emergency
Housing
Vouchers
(EHVs), and
Permanent
Supportive
Housing (PSH)
Landlord
engagement
Participate in
the CoC
Limited strategy
to increase
lease-up rates.

Limited
partnerships
with the city.

San
Bernardino
County
Department of
Behavioral
Health (DBH)
Provides behavioral
health and substance
use treatment.

Manages housinglinked support
programs
Coordinates with
shelters,
supportive
housing, and
CES to ensure
behavioral
health
integration in
programs.

Provides
behavioral
health and
substance use
treatment.

Manages
housing-linked
support
programs
Full-service
Partnerships
Communication
gaps between
behavioral
health providers
and housing
navigators.

Office of
Homeless
Services (OHS)
Manages homeless
services countywide;
oversees CoC and
CES administration.

Manages CES
operations,
performance data,
and Homeless
Housing Assistance
Program allocations
The link between
County, City,
and service
providers
Manages
homeless
services
countywide.
oversees CoC
and CES
administration.

Manages CES
operations,
performance
data
Homeless
Housing
Assistance
Communication
gaps with the
city.

Lack of local
data for
decisionmaking
strategies
Packet Page. 917
24 Program
allocations
ESG-Funded
Providers:

Salvation Army
Family
Association of
Redlands
RRH, prevention
shelter, contracted by
the City
Required to use
CES and
Coordinated
Entry
Contracted by
the City.

Provides
Shelter
Homelessness
prevention
services
Rapid
Rehousing
Lack of
collaborative
approach with
the CoC
Gaps in CES
alignment
Homeless
Service
Providers:

Inland Valley
Recovery
Services
Mary’s Mercy
Center/Veronica
Home of Mercy
The Salvation
Army
Operation
Grace
Knowledge and
Education for
Your Success
(KEYS)
Veterans
Alcoholic
Rehabilitation
Program
(VARP)
Community
Action
Partnership of
San Bernardino
County
(CAPSBC)
Lutheran Social
Services
Lighthouse
Social Service
Centers
Provide direct
services and housing
support:
• Intake
• Transportation
• Recovery
treatment
• Shelters
• Subpopulation
shelters
• Housing
• Mobile
Showers
• Food
• Motel
vouchers
• Family
Stabilization
Program
• Transitional
Housing
Programs
Most use CES
via referral
pathways
Provide direct
services and
housing
support:

Intake
Transportation
Recovery
treatment
Shelters
Subpopulation
shelters
Housing
Mobile
Showers
Food
Motel vouchers
Family
Stabilization
Program
Transitional
Housing
Programs
Fair housing
Mediation
Not required to
use CES or
HMIS if not
federally
funded.

Capacity limited
to relative need.

Lack of
coordination
amongst
service
providers.

Lack of
partnerships
Lack of landlord
incentives
programming.

Unaligned
outreach
Packet Page. 918
25 Step-Up on
Second
Specialized
Providers:

Family
Assistance
Program (Youth
Drop-in
Center)
Veterans Affairs
(HCHV,
outreach,
housing for
veterans)
U.S. VETS
Inland Empire
Patient’s Rights
Office (mental
health support)
Serve specific
populations (youth,
veterans, mental
health)
• Most use
CES via
referral
pathways
Serve specific
populations
(youth,
veterans,
mental health)
Lack of
streamlined
pathways
across all
populations
Not required to
use CES or
HMIS if not
federally
funded.

While the system identified above has strong partners and established programs, identified challenges can limit overall effectiveness. Gaps such as lack of coordination, gaps in data, and unaligned outreach, prevent the system from operating seamlessly.

Packet Page. 919
26 Strengths and Challenges of Supportive Services
Table 7 - Provider Data
Entity Role/Function Strengths Challenges
City of San
Bernardino
Administers HHAP,

PLHA, ERF, ESG,
HOME, and CDBG
funding, contracts for
RRH, emergency
shelter, and homeless
prevention services,
and oversees
operations at the SB
HOPE Campus
Contracts directly with
providers
• Limited
funding
• Ability to
reduce costs
for programs
and direct
costs for
clients
• Need for
increased
service
providers with
the capacity to
meet program
participation
requirements
• Limited
collaboration
opportunities
with workforce
development
• Job placement
and retention
San Bernardino
County Homeless
Partnership
(SBCHP)/211
Regional homeless
policy implementation
HMIS
CES
Structured gateway for
the provision of
services
• Staffing
capacity
• Software
system that
enables a
higher level of
functionality
• Length of time
between intake
and receipt of
housing
Continuum of Care
(CoC)
Governing Body:

Office of Homeless
Services and
Community
Development &
Housing
Support: Homeless
Provider Network
(HPN) and Center
Valley Steering
Committee
Collaborative efforts of
multiple organizations
with countywide reach
• Increased
collaboration
amongst
partner
organizations.

Packet Page. 920
27 Top Priority –Emergency/Interim Housing:
• The City’s most recent PIT Count identified approximately 1,172 unhoused individuals, 737 of which are unsheltered
• 889 interim housing beds are currently available
• The City aims to expand the capacity of available emergency/interim housing beds, making this as a priority as it aligns with the City’s guiding principles and goals outlined in this HSAP Emergency shelter beds:
• There is a gap of 300 beds for unhoused adults.
• Expanding emergency shelter capacity remains an important priority Lower priority needs:
• Expansion of the motel voucher program as a bridge to permanent housing • Development of specialized supportive housing for targeted populations.

Housing for the Unhoused
The following two housing developments are intended to provide supportive, transitional housing for unhoused community members.
• The upcoming opening of its Project HomeKey Community Wellness Campus, a joint venture with Lutheran Social Services of Southern California, shall be a critical strategy that enables the City to more effectively improve and increase housing capacity. The navigation center, which shall provide low-barrier, non-congregate, interim housing and comprehensive social services including educational, physical, social, and mental health services. In addition, the site will provide 150 shelter beds and an onsite medical clinic. Furthermore, within 72 hours of entry 95% of residents will receive individualized case plans, thereby ensuring long-term stabilization solutions and reducing the risk of re-entry.
• The upcoming SB HOPE Campus project, set to be completed in December 2026 and fully functional within the first quarter of 2027, will provide low-barrier, non-congregate, interim housing to help address the root causes of homelessness. The campus will connect people to resources, medical respite, mental health, substance disorder counseling, individualized case management, job training and placement, and expanded access to permanent housing. It will also assist individuals who are at risk of becoming homeless as local agencies will be onsite to provide rental assistance and utility assistance to eligible households
Packet Page. 921
28 Guiding Principles
The City of San Bernardino is committed to
bringing solutions to address homelessness. This
action plan aims to implement tangible solutions
and responses to homelessness. It is essential to
outline the core principles that will guide this plan
for the City; these core principles will serve as the
touchstone for all strategies, actions, and policies
within the plan. Through coordination with City
staff and qualitative and quantitative data analysis,
three core principles emerged: Supportive
Pathways to Housing, Prioritizing Long-term
Solutions, and Alignment with National Best
Practices.

Supportive Pathways to Housing
is our strategy to address homelessness that begins with ensuring individuals have access to safe and stable housing as quickly as possible by reducing barriers. Once housed, we then connect people to supportive services. This model is designed to help residents regain stability, achieve self-sufficiency, and maintain long-term housing.

Prioritizing Long-Term Solutions is our commitment to combatting homelessness and emphasizes long-term stability. We focus on helping individuals build self-sufficiency through access to wrap-around supportive services such as job training, mental health care, and substance use support. At the same time, we prioritize shelter options that provide stability and safety, creating a stronger foundation for permanent housing and thereby reducing the risk of individuals and families once again becoming unhoused, ensuring lasting success.

Alignment with National Best Practices is the ability to look at comparable cities, with similar demographics and challenges, and gather strategies and models that have demonstrated nationwide success. This ensures that San Bernardino’s approach reflects evidence-based interventions endorsed by federal agencies and aligns with broader policy guidance and proven outcomes.

Collectively, these guiding principles provide the framework for the City of San Bernardino’s Homeless Solutions Action Plan. By centering efforts on stabilization and self-sufficiency, and drawing from nationwide best practices, the City is positioning itself to implement a comprehensive and sustainable approach to addressing homelessness.

Supportive Pathways to Housing
The City of San Bernardino is committed to reducing homelessness by ensuring individuals and families have access to safe and stable housing alongside essential support services. This approach, known as the Supportive Pathways to Housing, is a stabilization-focused housing strategy that emphasizes rapid connection to shelter and housing options while offering coordinated care. Rather than requiring individuals Packet Page. 922
29 to meet specific preconditions before accessing support, the City’s strategy focuses on engaging people where they are, helping them stabilize, and equipping them with the tools and resources needed to transition into long-term independence. Supportive services are tailored to the individual’s needs and are designed to promote recovery, self-sufficiency, and reintegration into the community. The goal is to support individuals and families in identifying their needs and accessing resources to meet those needs, while providing them with housing regardless of their life circumstances. (Housing First , n.d.) Supportive Pathways to Housing offers immediate, low-barrier access to permanent housing paired with voluntary supportive services.

Research consistently shows that reducing entry barriers and prioritizing stable housing improves outcomes:
• Up to 88% reduction in homelessness compared to treatment-first programs • Significantly higher housing retention: 79% remained housed for 6 months vs. 27% in control groups; 88% retained housing after 5 years
• Improved health outcomes and reductions in ER visits and hospitalizations Reducing Entry Barriers
The city will reduce entry barriers and preconditions such as participation in treatment before placement, income documentation, and other potential barriers. This is especially critical for residents experiencing chronic homelessness and residents suffering from mental disorders or substance use disorders, who are most at risk of remaining unsheltered due to eligibility requirements that keep these residents unsheltered.

Rapid Connection to Permanent
Supportive Housing
The city will minimize the time between initial
engagement and housing placement, and
coordinate entry and assessment tools. Highly
vulnerable individuals will be prioritized, with
voluntary services layered in to support stability
and recovery.

Voluntary Supportive Services
Supportive services such as case management,
behavioral health treatment, employment
assistance, financial assistance, substance use
disorder treatment, and life skills training will be
offered but not required for housing retention.

Supportive Pathways to Housing models have
found success in voluntary supportive services,
where residents tend to gravitate on their own to
the services, instead of being forced to receive
services to be housed.

Packet Page. 923
30 Increasing Housing Availability
The city will expand housing stock through leveraging a mix of public and private resources to secure units citywide. Programs like landlord engagement and master leasing set aside units in affordable housing developments, and creative affordable housing transitions initiatives like Project Home Key are pivotal tools for housing availability.

The City of San Bernardino is committed to increasing housing availability and affordability for its residents by partnering with a variety of key collaborators including:

Neighborhood Partnership Housing Services (NPHS)
Through a partnership with NPHS the City is advancing the development of infill single-family homes designed for low- to moderate-income families.

Jamboree
The City Council approved an exclusive negotiation agreement with Jamboree Housing Corporation to develop about 101 affordable housing units on a 3.5-acre city-owned site (“Site 12”).

U.S. Vets
The City has committed $4 million to support the development of a 30-unit affordable housing community for veterans at 1351 North E Street. This project will provide permanent supportive housing along with on-site services such as case management, food and hygiene supplies, transportation assistance, and employment support.

Neighborhood Housing Services of the Inland Empire (NHSIE) In collaboration with NHSIE, the city is expanding affordable rental opportunities and pathways to homeownership. NHSIE provides homebuyer education, counseling, and down payment assistance programs that help low- to moderate-income family’s transition into stable homeownership.

Prioritizing Long-Term Solutions
San Bernardino’s approach to homelessness emphasizes
long-term stability rather than short-term fixes. The City is moving toward expanding non-congregate shelter options, such as the HOPE Campus and the Community Wellness
Campus, which provide individuals and families with
privacy, safety, and stability. These environments create a stronger foundation for permanent housing by reducing the risks associated with traditional congregate shelters and allowing residents to focus on recovery and rebuilding their lives.

Equally important is the City’s commitment to wrap-around supportive services. Many individuals and families
experiencing homelessness in San Bernardino have zero income and have not held employment for a decade or more, underscoring the need for comprehensive support beyond housing. Services such as job training, financial empowerment, mental health care, and substance use treatment are integrated into the City’s housing strategy to help residents achieve self-sufficiency and long-term housing retention.

Packet Page. 924
31 This focus on causes, not just symptoms, is critical. Temporary assistance alone does not address the systemic issues that lead to homelessness. By investing in stabilization and self-sufficiency, the City aims to reduce the cycle of individuals falling back into homelessness after receiving short-term aid.

The urgency of this approach is highlighted by the fact that nearly one-third (33%) of San Bernardino’s homeless population is experiencing homelessness for the first time. This means that for every two or three individuals who receive housing services, another person falls into homelessness. Addressing this trend requires strategies that prevent returns to homelessness and reduces new entries into the system. By prioritizing long-term solutions, the city is working to break this cycle and ensure that investments lead to lasting outcomes.

National Best Practices
National best practices are proven strategies, models, and program approaches that have been tested and proven to successfully impact homelessness in cities and states across the United States. These approaches are recognized on a federal level through HUD, the U.S Interagency Council on Homelessness, as well as national research organizations aimed at reducing homelessness. National best practices are evidence-based; the research has already been conducted, yielding significant positive outcomes in multiple controlled studies. Implementing and analyzing national best practices will enable the city to develop successful models that can be applied in other communities.

Packet Page. 925
32 Action Plan
Action 1: Strengthen Collaboration and Coordination
The city currently collaborates with local partners to provide services to residents through various avenues, including housing, fair housing, housing mediation, homeless services, shelter services, and affordable housing development. Strengthening collaboration and coordination is pivotal for the City of San Bernardino to address homelessness.

A major step forward is the launch of the Deep Blue pilot software, which will enable real-time data sharing among the Housing & Homeless Division, COAST Outreach, the Police Department, and County partners.

This tool will improve coordination, reduce duplication, and enhance case management by ensuring multiple departments and providers have access to the same information.

Objective Alignment – Goals 3 & 5: Build a unified system across City, County, and providers.
• Leverage the upcoming Deep Blue software program to create real-time shared dashboards across multiple departments and entities for City-specific data. Create shared landlord engagement strategies.
• Create clear referral pathway from RRH and shelters to PSH. • Require City-funded outreach teams to participate in joint case conferences. • Incentivize participation in CES/HMIS with access to housing resources. • Host community listening sessions to build trust and gather input.

Recommendations:

Short-Term (0–12 months)
• Launch a joint City–CoC funding and planning calendar identifying funding sources and application windows
• Fully implement Deep Blue software and train staff across City agencies. Formalize City participation in CES and case conferencing for all City-funded providers. • Establish a unified landlord engagement team and begin landlord outreach. • Create clear referral pathways from RRH and shelters to PSH. • Enroll outreach teams, case managers, and shelter staff in trauma-informed training programs.

Mid-Term (1–3 years)
• Connect Deep Blue dashboards with County HMIS and CES systems for seamless data flow. • Build a Landlord Incentive & Risk Mitigation Fund with HHASP/ESG/CoC funding. • Pilot streamlined inspections with HACSB to reduce lease-up delays. • Develop neighborhood-based advisory groups to strengthen community engagement.

Long Term (3–5 years)
• Expand the landlord program into a regional partnership with County and HACSB. • Utilize data reports from shared dashboards to inform the strategic approach to combatting homelessness.
• Embed training programs into ongoing workforce development. • Institutionalize annual community summits on homelessness and housing.

Packet Page. 926
33 Action 2: Increase and Enhance Supportive Services and Income Support
Objective Alignment – Goal 6:Strengthen long-term stability outcomes and promote homelessness prevention and diversion.

The city will strengthen partnerships with local and regional stakeholders and service providers to better serve chronically homeless individuals. By pursuing additional funding sources beyond current federal and state allocations, the City aims to expand outreach capacity, support more service providers, and increase housing development, ultimately reducing costs for both programs and clients. Furthermore, the city aims to ensure that individuals and families not only obtain housing but are able to remain housed by focusing on behavioral health, workforce development, and income stabilization. Wrap-around services will be designed to meet San Bernardino’s unique needs, addressing the high rates of unemployment, zero income, and long-term disconnection from the workforce among residents experiencing homelessness.

Recommendations:

Short-Term (0–12 months)
• Add City-funded outreach staff with CES integration and coverage benchmarks. • Formalize partnerships with DBH and health providers for behavioral health integration. • Expand service hubs with basic needs (food, showers, mail access). • Launch rental and utility assistance to prevent homelessness • Expand the Housing and Homeless Division team by hiring at least one additional staff member Mid-Term (1–3 years)
• Integrate health and housing services by deploying mobile health teams to encampments and interim housing sites, and co-locating health services at the Community Wellness Campus. • Expand SSI/SSDI advocacy and workforce development partnerships with County Workforce Development.
• Establish eviction prevention partnerships with legal aid providers. • Expand financial empowerment programs (budgeting, credit repair, benefits enrollment) to stabilize income and reduce the risk of eviction.
• Integrate substance use recovery services into housing programs.

Long-Term (3–5 years)
• Create permanent service co-locations (housing + health + employment) in supportive housing sites. • Scale employment pathways for unhoused residents through long-term County/City workforce initiatives.
• Create peer mentorship networks, training formerly homeless residents as peer navigators to support new program participants.
• Expand access to outpatient treatment.

Action 3: Improve Housing Capacity
Objective Alignment – Goals 1 & 2: Expand shelter, transitional, and permanent housing.

There are currently three affordable housing projects within the City of San Bernardino providing 230 units for eligible low-income residents. When this number is compared to the recent 2026 PIT Count of 1,172 Packet Page. 927
34 unhoused individuals within City borders, 737 of which are unsheltered, there is a dire need for services. In addition, while the Housing Element reflects a current inventory of 4,179 subsidized multifamily unit properties, there are currently not enough available affordable housing units and shelter beds to adequately meet the needs of the unhoused.

Across from the City’s upcoming HOPE campus project sits 13 acres of land that have been allocated for future affordable housing development. The city intends to focus on developing affordable housing for lowincome individuals and families exiting shelter. San Bernardino is committed to both developing and preserving affordable housing throughout the city. For example, proactive steps to prevent the potential loss of affordability of the Village Green development in 2029 have already been taken. In August 2025, the City held a TEFRA hearing to enable Village Green Preservation LP to secure 4% LIHTC financing for rehabilitation of the property, extending and deepening affordability restrictions well beyond 2029. This action preserved affordability levels across 182 units for households ranging from 30% to 60% of Area Median Income.

In the Housing Element, a capacity of up to 2,646 units of low-income housing were identified that could be developed by 2029. Therefore, the city aims to increase the availability of affordable housing units by 20% over the next five years. While the City currently has certain incentives in place for affordable housing developers such as providing deed-grant land and offering limited financial assistance to address project development gaps, facilitating innovative workshops with affordable housing developers in the area will provide valuable insight on how the City can work collaboratively with stakeholders to streamline the process in the future.

Recommendations:

Short-Term (0–12 months)
• Expand congregate and non-congregate transitional housing (SB Hope Campus to open with 100 beds in early 2027, adding another 100 beds in the second year, and SB Community Wellness Campus to open in Spring 2026, with 90% occupancy anticipated by May). • Identify surplus/underutilized parcels for supportive housing. • Identify and invite affordable housing developers to participate in innovative workshops to discuss best practices. Use workshops to promote City incentives such as updated density bonus policy.

Mid-Term (1–3 years)
• Pilot master leasing to expand immediate unit access for CES referrals. • Incentivize ADUs leased through CES with grants/fee waivers. • Reform zoning and adopt fast-track entitlements for supportive housing. • Launch quarterly or biannual affordable housing workshop sessions and use feedback to inform strategic policies.
• Fund new multifamily projects with PSH set asides using ESG, HOME, and CDBG. • Streamline permit process as further incentive.

Long-Term (3–5 years)
• Build out shared housing and adaptive reuse models (commercial conversions, public facilities). • Deliver new affordable and supportive housing developments aligned with Housing Element goals. • Institutionalize zoning reforms and expand permanent funding streams for housing production. • Strengthen cross-sector partnerships by inviting service providers, financial institutions, and nonprofit organizations to attend workshops.

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35 Action Plan Timeline
Table 8 -San Bernardino Homelessness Strategies Timeline Goal Year 1 Year 3 Year 5
Goal 1:

Expand
interim and
emergency
housing
capacity to
reduce
unsheltered
homelessnes
s and
improve
stabilization
outcomes
• Add 100 new
interim/emergency
beds
• Increase number of
new shelter residents
receiving
individualized case
plans within 72 hours
to 95%
• Identify non-traditional
sites for interim
housing
• Prioritize
non‑congregate
shelter expansion.
• 5% reduction in
average length of stay
in interim housing
• Add 300 new
interim/emergency
beds
• Increase number of
new shelter
residents receiving
individualized case
plans within 72
hours to 98%
• Integrate
wrap‑around
services (behavioral
health, employment,
benefits)
• Establish formal
pathways from
shelter → RRH →
PSH.
• 10% reduction in
average length of
stay in interim
housing
• Add 300-400 new
interim/emergency
beds
• Increase number of
new shelter
residents receiving
individualized case
plans within 72
hours to 100%
• Fully integrate
interim housing with
CES and PSH
pipelines
• Demonstrate
increased exits from
shelter to
permanent housing
• 15% reduction in
average length of
stay in interim
housing
Goal 2:

Advance
major capital
and housing
development
projects to
expand longterm
affordable
housing
supply
• Formalize
partnerships with
affordable housing
developers, service
providers, and
financing partners
• Begin production,
rehabilitation, or
motel conversion
efforts that will
increase deeply
affordable and
supportive housing
capacity
• Initiate two housing
- supportive policy
or zoning changes
(e.g., by-right
supportive housing,
motel conversion
ordinance, reduced
parking
requirements)
• Deliver measurable
progress on the
housing pipeline,
including new PSH
units and/or
non‑congregate
interim housing
• Adopt additional
housing-supportive
policies or funding
mechanisms
• Expand
partnerships to
include regional,
nonprofit, and
private-sector
partners
• Increase the
number of units or
beds dedicated to
people experiencing
homelessness
through
construction,
conversions,
• Achieve a
substantial increase
in deeply affordable
and supportive
housing inventory
• Implement a full
suite of housingsupportive land use,
permitting, and
financing policies
• Establish a
sustainable pipeline
of projects in predevelopment,
construction, and
lease-up
• Maintain long-term
partnerships
supporting
development,
operations, and
services
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36 vouchers, and
preservation
Goal 3:

Strengthen
outreach and
encampment
resolution
efforts using
service-led,
coordinated
strategies
• 500 outreach
enrollments
conducted
• 60% of individuals
engaged connected
to shelter or
services
• 10% reduction in
encampment-
related service calls
•600 outreach
enrollments
conducted
• 75% of individuals
engaged connected
to shelter or
services
•15% reduction in
encampment-
related service calls
• 750 outreach
enrollments
conducted
• 85% of individuals
engaged connected
to shelter or
services
• 20% reduction in
encampment-
related service calls
Goal 4:

Increase
permanent
housing
placements
and
strengthen
housing
stability
outcomes
• Establish baseline
service capacity
(case management
ratios, outreach
staffing, behavioral
health partnerships)
• Launch or expand
financial
empowerment,
benefits enrollment,
and employment
pathways
• Formalize
partnerships with
behavioral health
and substance use
treatment providers
• Launch landlord
engagement
initiatives
• Increase service
capacity by 50%
(e.g., more case
managers, peer
specialists,
outreach workers
• Demonstrate
measurable
increases in: - Income and
benefits access - Treatment
engagement - Housing retention
at 6 and 12 months
• Integrate health and
housing services
across interim and
permanent housing
sites
• Establish a formal
landlord
engagement team
• Achieve a fully
integrated
supportive services
system with: - Peer mentorship
networks - Employment and
workforce pathways - Behavioral health
and substance use
treatment
embedded in
shelters and
housing
• Demonstrate
sustained
improvements in
housing stability
outcomes
• Maintain a fully
operational landlord
engagement system
Goal 5:

Improve
system
coordination,
data quality,
and
accountabilit
y across
funded
programs
• Launch real-time
dashboards for CES
flow and housing
placements
• Identify and invite
affordable housing
developers to
partake in
affordable housing
innovative
workshops
facilitated by the
City
• Pilot shared data
software across City
• Support 3-4 City-
funded agencies in
meeting CES
participation
requirements
(training, workflows,
referrals, etc.)
• Implement
strategies received
from stakeholder
feedback to pursue
affordable housing
projects that align
with City needs and
goals
• Expand the number
of City- funded
agencies aligned
with CES processes
to at least 6
• Integrate CES
dashboards with
shelter and
outreach data
• Invite community
and regional
partners to host
training workshops
• Continue
collaboration and
discussions with
Packet Page. 930
37 agencies and
providers
• Create dashboards
for City-specific
data using shared
software platform
service providers
and affordable
housing developers
• Create and make
publicly available
reports reflecting
shared data. Use
this information to
inform a strategic
approach to
combatting
homelessness in
the City
Goal 6:

Expand
homelessnes
s prevention
and
diversion
services to
reduce
inflow into
the
homeless
system
• Participate in
trainings for CES,
housing navigation,
and diversion
• Serve 60
individuals/househol
ds through
prevention/diversion
• 10 evictions
prevented
• Implement a fully
operational housing
navigation program
• Serve 80
individuals/househol
ds through
prevention/diversion
• 20 evictions
prevented
• Demonstrate
measurable
improvements in
housing placement
speed and retention
• Serve 100
individuals/househol
ds through
prevention/diversion
• 30 evictions
prevented
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38 Impact Analysis
The HSAP seeks to reduce homelessness and
improve housing stability through a coordinated
and evidence-based set of strategies. By
expanding shelters and housing capacity,
increasing supportive services, and
strengthening cross-agency collaboration, the
City anticipates measurable reductions in
homelessness. The plan is guided by the three core principles identified by the city. These principles include Supportive Pathways to Housing, a commitment to prioritizing lasting solutions to combat homelessness, and alignment with national best practices. These principles ensure immediate access to housing, long-term solutions, and designing programs with evidence-based models that deliver results nationally. This section highlights the potential impact of each goal.

The baseline for the impact analysis, based on goals, came from the City’s 2026 PIT Count, the CoC PIT Count, an estimated analysis of affordable housing from the 2021-2029 Housing Element, and HUD’s System Performance Measures.

Community Cost Saving Analysis
The average cost per person data for the cost analysis was sourced from both national averages and California-specific averages. To estimate the fiscal impact of reducing unsheltered homelessness, the City analyzed typical public-system utilization patterns among people experiencing unsheltered homelessness.

Research consistently shows that unsheltered individuals have higher rates of emergency room use, jail contact, and shelter utilization compared to housed individuals.

Using conservative, research-aligned assumptions, the city modeled the cost impact of housing 10% of the current unsheltered population (98 individuals). The analysis incorporates:
• ER cost of approximately $2,700 per visit
• Jail costs of approximately $350 per day
• Shelter costs of approximately $80 per bed-night
• Typical annual utilization patterns for unsheltered individuals • Expected reductions in system use once individuals are stably housed Under these assumptions, housing 98 individuals would generate an estimated $448,840 in annual public-system savings, primarily through reduced emergency room visits, fewer jail days, and decreased reliance on emergency shelter.

This estimate is intentionally conservative and does not include additional savings associated with reduced ambulance transport, inpatient stays, policing, encampment abatement, or long-term health improvements.

Packet Page. 932
39 Table 9 - Community Cost Savings Estimates
Category Average
Cost Per
Person
Current
Unsheltered
Homeless
population
Current annual
cost
Reduction
by 10%
Savings
Emergency
Room
$2,500per
visit
981 $2,452,500-
assuming one
visit per year
per unsheltered
person
883 people $245,000
Jail Days $200 per jail
day
981 $1,962,000-
assuming each
unsheltered
person spends
ten full days in
jail per year
883 people $196,000
Emergency
Shelter
$80 per night 981 $78,480,
assuming one
stay per year
883 people $7,840
Total Savings $448,840
Emergency Room Data -National Source; Jail Days- California Source ;Emergency Shelter- National Source Community Benefits
Table 10 - Community Benefits
Benefit Impact
Public Safety and Community well being • Fewer unsheltered persons reduce visible encampments
• Less strain on the police and fire
departments responding to homelessness
Health Outcomes • Fewer ER visits
• Reduction in contagious diseases and
viruses
• Stabilize vulnerable communities
Economic Impact • Increased workforce
• Revitalized downtown and commercial
districts
• Housing market stability
Fair Access • Utilizing Supportive Pathways to Housing
models and prioritizing long-term solutions
ensures that all individuals and families in
need have access to resources
Quality of Life • Welcoming public spaces
• Reintegration into the community
Packet Page. 933
40 Funding and Resource Strategy
Table 11 - Funding Sources and Timing
Action Funding Source Use Potential Funding Dates /
Timeline
Action 1 HHAP (Homeless
Housing,
Assistance, and
Prevention
Program)
Supports system-level planning,
coordination, CES integration,
and regional alignment efforts.

Current round applications
were due June 30, 2025;
future NOFAs are
anticipated every 2–3 years
Action 1 ESG (Emergency
Solutions Grant)
Funds can support CES
operations, outreach
coordination, and HMIS data
integration.

Annual allocation, typically
released in Spring/Summer
Action 1 CoC Planning
Funds
Directly funds coordination, data
analysis, and system-level
improvements.

Annual HUD CoC NOFA,
typically released in
Summer/Fall
Action 1 PLHA (Permanent
Local Housing
Allocation)
Can support city–county
coordination and planning for
homelessness solutions.

Ongoing annual formula
allocation
Action 2 DBH – Whole
Person Care /
Behavioral Health
Funds
Integrates behavioral health and
housing services, strengthens
case management capacity.

Multi-year pilots through
2025; potential new MediCal initiatives after
Action 2 HHAP Flexible funding for supportive
services, case management,
outreach, and CES alignment.

HHASP Round 5 funding is
active; future rounds are
anticipated every 2–3 years
Action 2 Youth
Homelessness
Demonstration
Program (YHDP)
Funds youth-specific supportive
services, case management,
and rapid rehousing pathways.

Competitive NOFA; periodic
releases depending on HUD
cycle
Action 3 No Place Like
Home (NPLH)
Funds permanent supportive
housing projects for individuals
with serious mental illness.

Competitive and noncompetitive allocations;
multi-year funding cycles
(next expected 2025–26)
Action 3 Multifamily Housing
Program (MHP) /
SHMHP
Provides capital funding for new
construction, rehab, or
conversion into affordable
housing.

Rounds released every 1–2
years; last NOFA in 2023,
next anticipated in 2025
Action 3 Veterans Housing
& Homelessness
Prevention (VHHP)
Funds affordable and supportive
housing targeted to veterans
experiencing homelessness.

Competitive NOFA; last
released in 2023, next
anticipated in 2025
Action 3 PLHA Provides ongoing formula
funding to expand affordable
housing and rental assistance.

Annual allocations, ongoing
Packet Page. 934
41 Improve
Housing
Capacity
CERF
(Encampment
Resolution
Funding)
Funds encampment resolution
strategies, interim housing, and
pathways into permanent
housing.

ERF-2 active through 2026;
future rounds pending state
budget cycles
Packet Page. 935
42 Performance Metrics
Table 12 - Performance Metrics and Accountability Reporting Program HSAP Goal Indicator FY 24-25
Baseline
FY 25-26
Projected
FY 26-27
Projected
(Year 1)
FY 29-30
Projected
(Year 3)
FY 31-32
Projected
(Year 5)
Goal 1:

Expand
interim and
emergency
housing
capacity to
reduce
unsheltered
homelessness
and improve
stabilization
outcomes
New
interim/emergency
housing beds
N/A 100 200 300 400
Percent of new shelter
residents receiving
individualized case
plans within 72 hours
N/A 86% 95% 98% 100%
Average length of stay
in interim housing
(days)
N/A 16 5%
reduction
10%
reduction
15%
reduction
Goal 2:

Advance
major capital
and housing
development
projects to
expand longterm
affordable
housing
supply
Affordable housing
projects advancing to
construction
N/A 2 2 3 5
Total affordable
housing units under
construction
N/A 30 198 300 450
Goal 3:

Strengthen
outreach and
encampment
resolution
efforts using
service-led
coordinated
strategies
Outreach enrollments
conducted
794 500 500 600 750
Percent of individuals
engaged connected to
shelter or services
N/A 45% 60% 75% 85%
Reduction in
encampment-related
service calls
N/A 1,368 10% 15% 20%
Goal 4:

Increase
permanent
housing
placements
and
strengthen
housing
stability
outcomes
Total permanent
housing placements
N/A 82 10%
increase
20%
increase
30%
increase
Six-month permanent
housing retention rate
N/A 72% 85% 90% 90%
New private-market
landlords added to
partnership pool
N/A 15 8 4 3
Goal 5:

Improve
system
Compliance with state
and federal reporting
requirements
N/A 75% 100% 100% 100%
Packet Page. 936
43 coordination,
data quality,
and
accountability
across funded
programs
HMIS data accuracy
rate
N/A 50% 95% 100% 100%
Quarterly provider
performance reviews
completed
N/A 75% 100% 100% 100%
Goal 6:

Expand
homelessness
prevention
and diversion
services to
reduce inflow
into the
homeless
system
Individuals/households
served through
prevention/diversion
N/A 30 60 80 100
Evictions prevented N/A 5 10 20 30
Diversion success rate
for individuals seeking
shelter
N/A 35% 75% 80% 85%
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44 Conclusion
The City of San Bernardino aims to tackle the issue of homelessness with strategic, data-driven, long-term solutions implemented through collaboration with key partners. The city envisions an equitable approach to homelessness services, removing barriers to vital resources and services to fulfill urgent needs. This is achieved by adhering to the three core principles:

1. Supportive Pathways to Housing

2. Prioritizing Long-Term Solutions

3. Alignment with National Best Practices
This HSAP was drafted in accordance with these guiding philosophies, as well as the programmatic approach to:

1. Strengthening Collaboration and Coordination

2. Increase and Enhance Supportive Services

3. Improve Housing Capacity
As the City of San Bernardino moves forward, this Action Plan serves as a living framework that will evolve in response to emerging needs, new data, and ongoing community input. The city recognizes that ending homelessness is not a singular achievement, but a continuous process rooted in ongoing collaboration, adaptability, and community-building.

Packet Page. 938
45 Acknowledgements
The City of San Bernardino’s Homeless Action Plan was developed with the support of numerous individuals and organizations. Without their leadership, the plan could not have been produced.

City of San Bernardino
Mayor Helen Tran
City Manager Eric Levitt
San Bernardino City Council Members
Director of Community Development and Housing Gabriel Elliott Deputy Director of Housing & Homelessness Cassandra Searcy Housing Division Manager Trina Perez
Homeless Solutions Manager Gabriela Leon
City of San Bernardino Police Department
Homeless Outreach Team
Supportive Organizations
San Bernardino County Board of Supervisors
San Bernardino County Department of Behavioral Health
Packet Page. 939
46 References
(n.d.). Retrieved from https://www.caloes.ca.gov/wp-content/uploads/Preparedness/Documents/2015- Waterman-Terrorist-Attack-Approved-508-JK.pdf
(n.d.). Retrieved from https://www.caloes.ca.gov/wp-content/uploads/Preparedness/Documents/2015- Waterman-Terrorist-Attack-Approved-508-JK.pdf
2019 - 2023 ACS 5 - Year Estimate. (n.d.). Retrieved from https://data.census.gov/table/ACSDP5Y2023.DP05?q=San+Bernardino+city,+California (n.d.). 2021 - 2029 Housing Element.
2023-102.1 Homelessness in California. (2024, April 9). Retrieved from California State Auditor :
https://www.auditor.ca.gov/reports/2023-102-1/#introduction 2025-2030 San Bernardino Consolidated Plan . (2025). City of San Bernardino .

Advising, D. W. (n.d.). Housing- Focused Street Outreach Framework . Retrieved from National Alliance to End Homelessness : https://endhomelessness.org/wp-content/uploads/2025/02/NAEH_HousingFocused-Street-Outreach-Framework.pdf Associates, A. (2010, March ). Costs Associated with First Time Homelessness for Families and Indivduals .

Retrieved from U.S. Department of Housing and Urban Development :
https://www.huduser.gov/publications/pdf/costs_homeless.pdf Authority, L. A. (2021, June ). Best Practices for Addressing Street Encampents . Retrieved from LA city:
https://cd10.lacity.gov/sites/g/files/wph1986/files/2021-07/Best-Practices-for-Addressing-StreetEncampments-%E2%80%93-Final-Draft-3.pdf Coordinated Entry: Best Practices in Centering Equity and Ensuring Effectiveness. (2024, April 18).

Retrieved from National Alliance to End Homelessness :
https://endhomelessness.org/webinars/coordinated-entry-best-practices-in-centering-equity-andensuring-effectiveness/ Davidson C, N. C. (2014 Nov). Association of housing first implementation and key outcomes among homeless persons with problematic substance use. . Psychiatr Serv.

Davidson, C. N. (2014). Association of Housing First Implementation and Key Outcomes Among Homeless Persons With Problematic Substance Use. Psychiatric Services, 1318–1324.

Diversion. (2020, August 10). Retrieved from National Alliance to End Homelessness :
https://endhomelessness.org/resources/toolkits-and-training-materials/diversionexplainer/ Doñate, P. M. (2025, May ). How Santa Barbara Used Emergency Housing Vouchers to Prevent and End Homelessness . Retrieved from Urban Institute : https://www.urban.org/sites/default/files/2025- 04/How_Santa_Barbara_Used_EHVs_to_Prevent_and_End_Homelessness.pdf Packet Page. 940
47 Duara, K. H. (2024, January 23). As California closes prisons, the cost of locking someone up hits new record at $132,860. Retrieved from CAL Matters 10 Years :
https://calmatters.org/justice/2024/01/california-prison-cost-per-inmate/ History and Origins of Housing First. (n.d.). Retrieved from https://omeka.pdx.edu/exhibits/show/housingfirstoverview/housingfirsthistoryandorigins Housing First . (n.d.). Retrieved from National Alliance to End Homeless :
https://endhomelessness.org/resources/toolkits-and-training-materials/housing-first/ Lessons in Family Homelessness Making Homeless Systems More Equitable and Effective . (2021, June).

Retrieved from Building Changes: https://buildingchanges.org/wpcontent/uploads/2021/06/2021_FHIBrief_Diversion.pdf Peng, Y. P., Hahn, R. A., Finnie, R. K., Cobb, J. M., Williams, S. P., Fielding, J. E., . . . Muntaner, C. M. (September/October 2020). Permanent Supportive Housing With Housing First to Reduce Homelessness and Promote Health Among Homeless Populations With Disability: A Community Guide Systematic Review. Journal of Public Health Management and Practice, 404-411.

Prevention & Diversion . (n.d.). Retrieved from Family Promise : https://familypromise.org/what-wedo/programs-services/prevention-and-diversion-programs/ Priester, M. A. (n.d.). HUD System Performance Measures:. Retrieved from Charlotte- Mecklenburg Housing and Homeless Dashboard : https://mecklenburghousingdata.org/frontpage-article/hud-systemperformance-measures-returns-tohomelessness/#:~:text=The%20HUD%20System%20Performance%20Measures,or%20Retention% 20of%20Permanent%20Housing
Roemer, M. ( 2024, September). Costs of Treat-and-Release Emergency . Retrieved from Healthcare Cost and Utilization Project : https://hcup-us.ahrq.gov/reports/statbriefs/sb311-ED-visit-costs-2021.pdf San Bernardino Housing Element 2021-2029. (2024, January ). City of San Bernardino .

The Evidence is Clear: Housing First Works. (n.d.). Retrieved from National Alliance to End Homelessness:
https://nlihc.org/sites/default/files/Housing-First-Evidence.pdf Treskon, A. H. (2023, August ). Diverting Eviction Related Cases Away from Courts- A Housing Innovation Program Case Study . Retrieved from Urban Institute : https://www.urban.org/sites/default/files/2023- 08/Diverting%20Eviction-Related%20Cases%20Away%20from%20Courts.pdf Packet Page. 941
Homelessness Solutions Action Plan
Implementation Framework
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DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Cassandra Searcy
Department: Community Development & Housing
Subject: Policy Options for Shelter Operations, Local Prioritization Requirements
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the report; discuss policy options, and provide direction to staff regarding the preferred policy framework.

City Manager's Comments
This is a report for the City Council to consider and provide direction. In addition, we are bringing forward 3 specific ordinances.

Executive Summary
At the direction of the City Council meeting on September 17, 2025, item #19, the council approved for staff to evaluate the feasibility of various policy approaches related to shelter operations, local service prioritization, data reporting, security planning, and community impact mitigation for homeless service providers operating within the City of San Bernardino.

The evaluation included a review of legal authority, funding considerations, operational impacts, and potential implications for providers receiving County, State, or federal funding. This report presents several policy options for Council consideration, including regulatory, contractual, and partnership-based approaches, and identifies the associated benefits, constraints, implementation considerations, and legal risks of each option.

Background
On September 17, 2025, under Agenda Item No. 19, the City Council directed staff to evaluate the feasibility of implementing operational and accountability requirements for all public and private homeless shelters, interim housing facilities, recuperative care Packet Page. 953
centers, and similar facilities operating within the City of San Bernardino. Specifically, the Council requested that staff assess the feasibility of requiring facilities to:
• Reserve a minimum of 40% of beds for City residents;
• Provide shareable participant data and six-month outcome tracking (as permitted by law);
• Submit annual 12-month security plans for City approval; • Reimburse the City for nuisance complaints and increased service demands; and
• Complete interior and exterior facility upgrade consistent with City standards.

In response to the City Council's direction, staff completed a comprehensive review of applicable federal and state laws, relevant court decisions and legal precedent, funding and contractual considerations, operational impacts, and potential fiscal implications.

Staff also evaluated current best practices and the potential effects of these requirements on shelter operations and service delivery. The findings of this analysis, along with the staff's recommendations, are presented for the City Council's consideration.

Discussion
Council Direction
On September 17, 2025, Councilmember Knaus directed staff to evaluate the feasibility of requiring homeless shelters, interim housing facilities, recuperative care centers, and similar facilities operating within the City to reserve a minimum percentage of beds for City residents and comply with related reporting, security, reimbursement, and facility standards.

Staff have conducted a preliminary legal and policy review and identified several significant authorities, funding, and liability considerations that require formal guidance from the City Attorney before presenting a final recommendation to Council.

Legal and Operational Findings
Staff's analysis identified a couple of considerations associated with implementing mandatory shelter requirements, including the City's authority to impose operational mandates, funding or regulatory nexus, State and federal funding requirements, privacy restrictions on participant data, and operational impacts on providers participating in regional referral systems.

As a result, staff evaluated multiple approaches for advancing the objectives identified in the original directive while minimizing legal exposure and implementation challenges.

Evaluation of Policy Options:

Option 1 – Hybrid Contract-Based and Prospective Regulatory Model Description
Packet Page. 954
Under this approach, the City would apply operational requirements where it maintains the strongest legal authority, specifically:
• Conditioning City funding (e.g., ESG, CDBG, HOME, General Fund, or other local assistance) on a defined local prioritization requirement (e.g., 5–10 percent or priority preference);
• Requiring aggregated, de-identified outcome reporting consistent with State and Federal law;
• Requiring annual security or community management plans through funding agreements; and
• Applying operational standards prospectively to new or substantially modified facilities through discretionary land use approvals (e.g., Conditional Use Permits). There are some facilities that must be processed ministerially per state law.

Legal and Policy Considerations
• Legal Authority: Based on established principles of contract law and land use authority.
• Funding Nexus: Clear nexus where City funds are provided. • Preemption Risk: Reduced if structured in alignment with HUD, CoC, and State program requirements.
• Enforcement: Enforceable through contract remedies and land use compliance mechanisms.
• Operational Impact: Targeted application limits disruption to non-City-funded providers.

Option 2 – City-Led Shelter Partnership and Implementation Framework (Collaborative Model)
Description
This option would establish a structured, City-led Shelter Partnership Framework designed to advance local prioritization, operational accountability, and community impact mitigation through collaborative agreements rather than universal mandates.

The City would convene shelter operators, County Office of Homeless Services representatives, Continuum of Care leadership, and relevant City departments to develop standardized partnership tools and implementation strategies.

Core components may include:

1. Legal and Funding Alignment
Clarification of permissible requirements and identification of funding-based leverage opportunities consistent with State and Federal law.

2. Good Neighbor and Community Impact Framework
Development of standardized Good Neighbor Agreement templates, Packet Page. 955
communication protocols, and clearly defined City support roles.

3. Standardized Referral and System Alignment
Improved integration with Coordinated Entry, formalized referral pathways to Rapid Rehousing and Permanent Supportive Housing, and legally compliant data-sharing protocols.

4. Funded Partnership Tools
• Targeted bed reservation agreements through negotiated MOUs supported by funding;
• Surge capacity agreements for weather-related or emergency activation; • Infrastructure or operational support incentives aligned with available resources.

5. Pilot Programs with Defined Metrics
Time-limited partnership pilots incorporating measurable outcomes and renewal or sunset provisions.

Legal and Policy Considerations
• Legal Authority: Based on voluntary agreements and contractual authority where funding is provided.
• Preemption Risk: Minimal if structured in coordination with County and CoC partners.
• Operational Impact: Strengthens system alignment without imposing unfunded mandates.
• Litigation Risk: Low relative to universal regulatory mandates.

Preliminary Assessment
This option advances Council’s policy objectives through structured collaboration, measurable agreements, and targeted funding tools while minimizing legal exposure and preserving provider autonomy.

Strategic Goals and Priorities
This item is consistent with Strategic Target and Goal No. 3, Improved Quality of Life:

Reduce the impacts of homelessness through coordinated engagement, strategic partnerships, and expanded access to housing and supportive services. The HSAO supports the City’s commitment to improving quality of life by implementing datainformed strategies that strengthen system coordination, enhance housing stability, and connect individuals and families experiencing homelessness to critical resources Fiscal Impact
Should the City require a homeless shelter operator to reserve or allocate shelter beds specifically for City referrals, and if sufficient grant or external funding is unavailable to support those beds, there may be a financial impact to the General Fund. The City could be responsible for costs associated with shelter operations, supportive services, case management, or bed utilization necessary to maintain the reserved capacity.

The extent of any General Fund impact will depend on the number of beds allocated, Packet Page. 956
the duration of the commitment, available grant funding, and the ability to secure regional cost-sharing or other funding sources. Staff will continue to pursue external funding opportunities and regional partnerships to minimize any potential General Fund obligation.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California receive and file the report; discuss policy options, and provide direction to staff regarding the preferred policy framework.

Attachments
Attachment 1 - PowerPoint
Ward:

All Wards
Synopsis of Previous Council Actions:

Councilmember Knaus requested an evaluation of a policy framework that would require shelters operating within the City to reserve a minimum percentage of beds for City residents, and to comply with related reporting, security, reimbursement, and facility standards.

CC
Eric Levitt, City Manager
Packet Page. 957
Policy Options for
Shelter Operations &
Local Prioritization
Requirement
Gabriela Leon, Homeless Solutions
Manager
August 19, 2026
Packet Page. 958
At the request of Councilwoman Knaus, staff conducted a feasibility review of requiring shelter providers within the City of San Bernardino to reserve beds for City referrals and evaluated the associated impacts and considerations.

Study required in-depth:
• Legal authority
• Funding Considerations
• Operational Impacts
• Potential Implications
• Local, State, and Federal Funding and regulations
Background
Packet Page. 959
Feasibility Study Scope
Council-Directed Evaluation Criteria
Data & Outcomes
Participant
reporting
and 6-month
tracking
Security Planning
Annual 12-month
security plans
Community
Impacts
Cost recovery for
service demands
Facility Standards
Facility upgrades
consistent with
standards
Staff evaluated the legal, operational, funding, and implementation feasibility of each policy element.

Bed Reservation
40% Bed Allocation
for City residents
Packet Page. 960

LEGAL & OPERATIONAL FINDINGS
Staff consulted with the City Attorney for legal guidance and identified several considerations that impact the City's ability to impose universal shelter requirements.

KEY FINDING: Universal shelter mandates present significant legal, funding, privacy, and operational challenges.

LEGAL AUTHORITY
Contractual authority,
property authority, and land
use authority vary by
circumstance.

FUNDING CONFLICTS
Potential conflicts with HUD,
State, County, CoC and
CalAIM requirements.

PRIVACY RESTRICTIONS
HIPAA, PHI and HMIS
standards limit participantlevel reporting.

REGIONAL IMPACTS
May disrupt coordinated
entry, referrals and regional
bed allocation systems.

Packet Page. 961
POLICY OPTION 1
Applies requirements where the City has the strongest legal authority through funding agreements and land use approvals.

HOW IT WORKS
• City funding tied to local
prioritization
• De-identified outcome
reporting
• Annual security/community
plans
• Land use approvals for new
facilities if not limited to byright approval per state law

KEY BENEFITS
• Strong legal foundation
• Clear funding nexus
• Reduced preemption risk
• Limits disruption to
providers
KEY TAKEAWAY: Balances Council objectives with established legal authority.

HYBRID CONTRACT-BASED MODEL
Packet Page. 962
POLICY OPTION 2
This option would establish a structured, City-led Shelter Partnership Framework designed to advance local prioritization, operational accountability, and community impact mitigation through collaborative agreements rather than universal mandates.

Requires:

SHELTER

OPERATORS

RELEVANT CITY

DEPARTMENTS

COUNTY OHS
CoC

LEADERSHIP
BENEFITS: Strong regional alignment • Flexible implementation • Shared accountability

CITY LED COLLABORATIVE PARTNERSHIP MODEL
Packet Page. 963
POLICY OPTION 2
Five building blocks for a collaborative,
city-led shelter partnership framework.

LEGAL & FUNDING

ALIGNMENT
Clarify permissible
requirements and funding
leverage opportunities.

GOOD NEIGHBOR

FRAMEWORK
Standard templates,
communication protocols,
and support roles.

SYSTEM

ALIGNMENT
Coordinated Entry,
referrals, housing
pathways, and data
sharing.

FUNDED

PARTNERSHIP TOOLS
Targeted bed agreements,
surge capacity, and
incentives.

PILOT PROGRAMS
& METRICS
Time-limited pilots with
measurable outcomes.

KEY TAKEAWAY: Option 2 relies on partnerships, incentives, and measurable outcomes rather than universal mandates.

CORE PARTNERSHIP COMPONENTS
Packet Page. 964
Questions?
Packet Page. 965

DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Introduce for First Reading Ordinance No. MC-1671 Requiring Notification of Homeless Individuals Drop-offs in the City
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title only, and waiver further reading of Ordinance No.

MC-1671, an Ordinance of the Mayor and City Council of the City of San Bernardino, California, adding Chapter 9.50 to Article IV of Title 9 of the San Bernardino Municipal Code, requiring a notification of transport of unhoused persons who lack a fixed, regular, and adequate nighttime residence to the City of San Bernardino, and schedule the Ordinance for second reading and adopting at the October 7, 2026 regular meeting of the Mayor and City Council.

City Manager's Comments
The City Manager recommends that City Council consider introducing the Ordinance requiring notification of homeless individuals drop-offs.

Executive Summary
Homelessness is a regional issue that requires coordination among cities, public agencies, and service providers. The proposed Ordinance establishes a notification process for organizations and agencies transporting individuals experiencing homelessness into San Bernardino. The process will improve service coordination, promote regional accountability, and help the City manage limited resources. The Ordinance does not prohibit transportation or an individual’s right to travel.

Background
Homelessness is a regional issue because the geographic distribution of homelessness reveals stark disparities, with a significant portion concentrated in populous communities that have homeless shelters and provide supportive services.

Packet Page. 966
In order to fairly address these issues, public agencies need to partner and work together collaboratively to focus on creating long-term solutions instead of disproportionately burdening the cities that provide more robust homeless services than their neighboring public agencies.

When individuals are transported into San Bernardino without coordinated discharge planning or service linkage, the City’s limited shelter beds, outreach capacity, and housing resources are further strained. These circumstances can create a disproportionate service and financial burden on the City and may reduce available resources for individuals for whom San Bernardino has primary responsibility.

Furthermore, a significant percentage of recuperative care patients originate from outside the City, and a substantial portion remain in San Bernardino following discharge without a permanent housing plan. Without coordinated placement, many individuals return to unsheltered homelessness within City limits.

In addition to operational impacts, uncoordinated drop-offs create fiscal impacts. Staff expends a significant amount of resources to provide shelter, rental assistance, housing navigation, case management, and outreach services necessary to stabilize each unsheltered individual. When individuals are transported into the City without coordination and subsequently require services, these costs are borne by City resources and may reduce capacity to serve individuals for whom the City has primary responsibility.

Given the regional nature of homelessness and the limited availability of housing and supportive services, the City seeks to ensure improved coordination when individuals are transported into San Bernardino by other agencies and organizations.

Discussion
The proposed Ordinance would add Chapter 9.50 to the City of San Bernardino Municipal Code, establishing a reporting requirement for transportation of individuals who lack a fixed, regular, and adequate nighttime residence into the City.

The Ordinance does not prohibit transportation of individuals experiencing homelessness into the City. Instead, it establishes a minimal reporting and coordination framework designed to ensure continuity of care, protect public health and safety, and responsibly manage limited municipal resources.

The Ordinance requires that pre-scheduled drop-offs must occur during normal business hours (8:00 a.m. to 5:00 p.m. Sunday through Saturday) to allow City staff and service providers to coordinate shelter placement, behavioral health services, and housing navigation.

Under the proposed Ordinance, any organization including non-profit organizations or government entity, or employee or agent acting on behalf of an organization or government entity, who intends to transport and drop off an individual who lacks a Packet Page. 967
fixed, regular, and adequate nighttime residence within the City must provide written notice (i.e. form of an email, website form, or application) to the City Manager and the Deputy Director of Housing and Homelessness at least 24 hours prior to the drop-off.

The notice must include:

1. The name, address, phone number, and email address of the government entity or other organization providing the notice;

2. The date and time of the notification;

3. The staff person submitting the notification;

4. The full name (first name, last name, and middle initial), date of birth, phone number of the individual being transported and/or dropped off;

5. The location where the person named is being transported from;

6. The reason for transport (Shelter placement, Family Reunification, Medical/Behavioral Health, Other: _____);

7. The name, address, phone number and email of the organization to whom the person being transported is being delivered;

8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported;

9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person;

10.The name and title of the staff person who has agreed to receive the person being transported;

11.The expected date, time, and mode of transportation by which the person is being transported;

12.The names and titles of staff members accompanying the person being transported;

13.Whether the person being transported requires any assistance to maintain Activities of Daily Living (Y/N);

14.The criminal justice status of the person being transported (i.e. Probation/Parole (County:_____);

15.Whether person being transported is required to be listed on Sex Offender Registry as per PC 290 (Y/N); and

16.Whether the person being transported has any Arson Related Restrictions (Y/N).

The proposed Ordinance also requires that any organization or government entity, or any employee or agent acting on behalf of an organization or government entity, who files a notice, as described above, and/or who transports and/or drops-off an individual who lacks a fixed, regular, and adequate nighttime residence within the City, must provide a follow-up written notice (i.e. form of an email, website form, or application) to the Deputy Director of Housing and Homelessness at least 24 hours prior to the drop-off.

The follow-up notice must include:

1. The name of the individual that was transported and/or the name of the Packet Page. 968
person for whom the notice, as per the requirements of the notice above, was submitted;

2. The exact drop-off location of the person that was transported;

3. The Date and time of the drop-off;

4. Whether the person being dropped off was successfully placed into services;

5. The name and title of the staff member that accepted the person being dropped-off into their services; and

6. If the person was not transported and/or successfully placed into services, an explanation of why the person was not transported and/or successfully placed, including a description of what happened to the person and whether any follow-up contact has been scheduled.

The Ordinance defines the phrase “lacks a fixed, regular, and adequate nighttime residence” consistent with commonly used homelessness definitions, including individuals residing in places not meant for habitation, temporary shelters, certain institutional settings, or exiting detention without a stable residence.

The Ordinance includes explicit exemptions for lawful and necessary activities, including:
• Transportation for booking into jail or custody alternatives; • Transportation to licensed medical facilities;
• Transportation to verified social service or court appointments; • Transportation conducted by the City of San Bernardino within its jurisdiction; and
• Public transit operations.

The purpose of the reporting requirement is to:
• Identify the place of origin of individuals transported into the City of San Bernardino;
• Improve coordination with service providers to reduce the likelihood that individuals are released into unsheltered conditions;
• Facilitate interjurisdictional dialogue regarding shared responsibility and funding; and
• Ensure that limited City shelter and outreach resources are managed effectively.

To mitigate the financial burden and negative impacts associated with uncoordinated drop-offs, it is necessary to establish coordination with service providers and increase access to housing navigation, case management, and behavioral health support.

Research and local experience demonstrate that coordinated service planning significantly reduces the likelihood of individuals returning to chronic homelessness.

The Ordinance regulates institutional transportation practices and does not restrict an individual’s right to travel or relocate. It does not criminalize homelessness and does not prohibit charitable acts or basic survival assistance as outlined in Government Packet Page. 969
Code section 53069.44.

The City of San Bernardino, as a charter city, possesses authority under Article XI, Section 7 of the California Constitution to enact police, sanitary, and other regulations to protect public health, safety, and general welfare. The proposed Ordinance constitutes a limited administrative reporting requirement intended to address identifiable fiscal and operational impacts while supporting a coordinated and compassionate response to homelessness.

The intent of the Ordinance is threefold:

1. Ensure Coordination and Continuity of Services
Advance notice allows City staff and service providers to confirm shelter availability, behavioral health needs, and housing navigation pathways to prevent individuals from being released into unsheltered conditions without support.

2. Promote Regional Accountability
Reporting enables the City to identify jurisdictions of origin and engage in datadriven dialogue regarding shared responsibility, funding allocation, and regional planning.

3. Protect Public Health and Safety
Individuals transported without a service plan face heightened risks of victimization, untreated medical or behavioral health conditions, and chronic homelessness. Coordinated discharge planning reduces the likelihood that individuals will return to the streets without support.

To ensure compliance with the reporting requirements, the Ordinance establishes an enforcement framework through the City’s existing administrative citation process for each day of non-compliance. The City may pursue additional remedies including declaring a public nuisance, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law, and such remedies are cumulative to each other.

The Ordinance also includes a severability provision to ensure that if any part or provision of the chapter, or its application to any person or circumstance, is found invalid by a court of competent jurisdiction, the remaining provisions of the chapter will continue in full force and effect.

Strategic Goals and Priorities
Approval of the Ordinance aligns with Goal No. 3: Improved Quality of Life. (“a. Reduce the burden of the unsheltered through engagement, collaboration, and partnerships with other entities.”)
The Mayor and City Council’s approval of the Ordinance would potentially help to Packet Page. 970
alleviate the fiscal and operational burdens on City resources from additional homeless individuals being brought into the City in an uncoordinated fashion.

Fiscal Impact
There should be no fiscal impact to the City assuming compliance with the Ordinance.

There will be an undetermined fiscal impact from administrative citations issued and collected for violators of the Ordinance.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by title only, and waiver further reading of Ordinance No.

Attachments
Attachment 1 Ordinance No. MC-1671
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
Packet Page. 971
Ordinance No. MC-1671
-1-
ORDINANCE NO. MC-1671

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 9.50 TO ARTICLE IV OF TITLE 9 OF

THE SAN BERNARDINO MUNICIPAL CODE, REQUIRING

A NOTIFICATION OF TRANSPORT OF UNHOUSED

PERSONS WHO LACK A FIXED, REGULAR, AND

ADEQUATE NIGHTTIME RESIDENCE TO THE CITY OF

SAN BERNARDINO
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, homelessness continues to be one of the largest social challenges facing our community; and
WHEREAS, homelessness is a regional issue because the geographic distribution of homelessness reveals stark disparities, with a significant portion concentrated in populous communities that have homeless shelters and provide supportive services. In order to fairly address these issues, public agencies need to partner and work together collaboratively to focus on creating long-term solutions instead of disproportionately burdening the cities that provide more robust homeless services than their neighboring public agencies; and WHEREAS, Welfare and Institutions Code § 17000 provides: “Every county and every city and county shall relieve and support all incompetent, poor, indigent persons, and those incapacitated by age, disease, or accident, lawfully resident therein, when such person are not supported and relieved by their relatives or friends, by their own means, or by state of private institutions”; and
WHEREAS, Government Code § 65580 requires all local governments “…to facilitate the improvement and development of housing to make adequate provision for the housing needs of all economic segments of the community.” Government Code § 65583(a)(7) also requires public entities to conduct an analysis of special housing needs including housing for those who are in need of emergency shelter; and
WHEREAS, Every public agency is legally responsible to support their own indigent population; and
WHEREAS, the City Council is committed to protecting the life, health, and safety of its residents. As a result, the City has invested money in building several homeless shelters, motel voucher programs, rapid rehousing programs, and more; and WHEREAS, the City has experienced significant increases in homelessness in recent years. The City is home to a number of governmental and non-profit homeless service providers Packet Page. 972
Ordinance No. MC-1671
-2-
which contribute to an influx of unhoused individuals who originate from neighboring public agencies and come to the City; and
WHEREAS, the City’s 2026 Point-in-time count reported that 1,172 people were experiencing unsheltered homelessness within the City; and WHEREAS, when other public agencies and other organizations drop unhoused individuals from other jurisdictions into the City, it ends up creating a nuisance for the City because some unhoused individuals from other jurisdictions end up refusing services, going back onto the streets, and committing crimes. Often the City has to expand public funds to abate homeless encampments. Because dropping unhoused individuals in the City causes more unhoused individuals from other places of origin to remain in the City, it places a huge financial burden on the City to address the issues the drop-offs create; and WHEREAS, an influx of unhoused individuals from neighboring public agencies and other organizations take allocated resources away from those unhoused individuals who the City is legally responsible to serve. Individuals transported to and dropped in the City without a stable housing plan increases the City’s need for shelter, street base services and further contributes to the City’s housing instability; and
WHEREAS, in order to mitigate the financial burden and negative impacts to the City of unhoused individuals being dropped within its jurisdiction, it is necessary to establish coordination with service providers and increase access to housing navigation, case management, and behavioral health support, which can significantly reduce the likelihood of individuals suffering chronic homelessness from returning to the streets; and WHEREAS, there are significant costs to the City to provide services when one unhoused person is dropped into our community without any coordination and ends up on the streets; and WHEREAS, the minimal reporting requirements of this Ordinance will provide information necessary for the City: (1) to coordinate the City’s limited resources available to address the needs of those facing housing instability; (2) to mitigate the health and safety impacts associated with housing instability; (3) to identify the place of origin of unhoused persons being transported into the City to facilitate dialogue between jurisdictions and other organizations to address the underlying conditions causing the inflow and to request the allocation of funding necessary to not overburden the City; and
WHEREAS, this Ordinance does not prohibit any person or organization from directly providing support services to a person who is unhoused or from assisting a person who is unhoused with acts related to basic survival as outline in California Government Code Section 53069.44, including providing food/water/blankets/pillows/items to protect from the elements and items for immediate personal health and hygiene.

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.

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Ordinance No. MC-1671
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SECTION 2. Chapter 9.50 is hereby added to the City of San Bernardino Municipal Code to state, in full, as provided in Exhibit A, attached hereto and incorporated herein by this reference.

SECTION 3. Certification. City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

SECTION 4. CEQA. The 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 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert J. Maldonado, City Attorney
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Ordinance No. MC-1671
-4-

CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1671, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1671 was approved/ passed and adopted at a regular meeting held the XX day of , 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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Ordinance No. MC-1671
-5-

EXHIBIT A
Chapter 9.50: NOTIFICATION OF TRANSPORT OF UNHOUSED PERSONS TO THE CITY
Section 9.50.010 Purpose.

This ordinance shall be known as the Notification of Transport of Unhoused Persons Who Lack a Fixed, Regular and Adequate Nighttime Residence. The purpose of this ordinance is to:
(A)Identify the place of origin for persons who lack a fixed, regular, and adequate nighttime residence in the City;
(B) Identify any county, city, other governmental entity, or other organization including but not limited to non-profits that transports persons who lack a fixed, regular, and adequate, nighttime residence in the City;
(C) Require government agencies and other organizations to aid such persons by providing shelter, care, outreach, and other homelessness-related resources in their own jurisdictions rather than simply just transporting these individuals to the City; (D)Manage and prioritize the City’s limited homelessness-related resources (including shelter, outreach, and supportive services) for the benefit of individuals who reside in or originate from the City; and
(E) Prevent government agencies and other organizations from engaging in cruel and inhumane treatment of unhoused individuals by merely dumping them in the City without any coordinated plan for services.

Section 9.50.020 Duty to Notify of Transfer of Unhoused Persons Who Lack a Fixed, Regular, Adequate Nighttime Residence.

All government entities, organizations, including non-profit organizations, shall comply with the follow regulations:
(A)Pre-scheduled drop-offs can only occur during normal business hours 8:00 a.m. to 5:00 p.m. Sunday through Saturday.
(B) Before any government entity, other organization, or employee or agent acting on behalf of any governmental entity or other organization can transport and drop off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private property that is accessible to the public in the City, the government entity, organization, or employee/agent acting on behalf of any governmental entity or other organization shall notify in writing via email the Deputy Director of Housing & Homelessness of the transport and drop-off 24 hours in advance of the occurrence to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets in the City. When a public entity or other organization notifies the Packet Page. 976
Ordinance No. MC-1671
-6-
City of an upcoming drop-off, they must provide the following written information (“Initial Notice”) to the City to ensure continuity of services:

1. The name, address, phone number, and email address of the government entity or organization providing the notice;

2. The date and time of the notice;

3. The staff person submitting the notice;

4. The full name (first name, middle initial, and last name), date of birth, and phone number of the individual being transported and/or dropped off;

5. The location where the person named is being transported from;

6. The reason for transport (shelter placement, family reunification, medical/behavioral health, other);

7. The name, address, and email address of the organization to whom the person being transported is being delivered;

8. Whether the organization receiving the person being transported has confirmed the acceptance of the person prior to being transported;

9. A list of any conditions that the organization receiving the person being transported requires prior to their acceptance of that person;

10. The name and title of the staff person who has agreed to receive the person being transported;

11. The expected date, time, and mode of transportation by which the person is being transported;

12. The names and titles of staff members accompanying the person being transported;

13. The criminal justice status of the person being transported (i.e. Probation/Parole and if applicable in which county);

14. Whether the person being transported is registered on the Sex Offender Registry as per Cal. Penal Code § 290; and

15. Whether the person being transported is registered as an Arson Offender as per Cal. Penal Code § 457.1.
(C) 24 hours after submitting notice, as per Section 3 Subsection B above, and/or after any government entity, organization, or any employee or agent acting on behalf of any governmental entity or organization transports and/or drops off an unhoused individual who lacks a fixed, regular, and adequate nighttime residence on public property or private Packet Page. 977
Ordinance No. MC-1671
-7-
property that is accessible to the public in the City, the employee/agent acting on behalf of any governmental entity or other organization shall send via email a drop-off confirmation notification (“Confirmation Notice”) to the Deputy Director of Housing & Homelessness of San Bernardino of the status of the transport/drop off to ensure proper coordination so that the individual goes into supportive services and does not end up living on the streets of San Bernardino. The Confirmation Notice shall include:

1. The name of the individual who was transported;

2. The exact drop off location of the person who was transported;

3. The date and time of the drop-off;

4. Whether the person who was being dropped off was successfully placed into the services;

5. The name and title of the staff member that accepted the person being droppedoff into their services; and

6. If the person was not successfully transported and placed into services, an explanation of why the person was not transported successfully, including a description of what happened to the person, and whether any follow-up contact has been scheduled.
(D)A person “lacks a fixed, regular, and adequate nighttime residence within Section 3 Subsection B when a person has a nighttime residence:

1. That is not meant for habitation; or

2. Lives in a publicly or privately operated shelter designed to provide temporary living arrangements; or

3. Is exiting an institution where he/she/they resided for ninety days or less and who resided in an emergency shelter; or

4. Is exiting a detention center in the City without having a primary nighttime residence to return to upon release.
(E) Subsection A shall not prohibit the following activities:

1. Transporting a person to be booked into a county jail or admitted into a countydesignated custody alternative facility; or

2. Transporting a person to be treated at a licensed hospital or medical facility; or

3. Transporting a person to attend a verified appointment with a government or non-profit social service provider; or
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4. Transporting a person to attend a verified hearing at the San Bernardino County Superior Court; or

5. Any transportation undertaken by the City within the City; or

6. The operations of a governmental provider of public transportation.

Section 9.50.030 Enforcement. Any person, governmental entity, agency, or other organization who transports an unhoused individual into the City of San Bernardino and who fails to comply with the provisions set forth shall be subject to person who violates any provision of this Chapter may be issued an administrative citation in accordance with Chapter 9.92 of the City’s Municipal Code for each day of non-compliance. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law.

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DISCUSSION
City of San Bernardino
Request for Council Action
Date: September 16, 2026
To: Honorable Mayor and City Council Members
From: Eric Levitt, City Manager
Department: City Manager's Office
Subject: Introduce for First Reading Ordinance No. MC-1672 Requiring Vacant or Abandoned Properties to Register
with the City and to Impose Certain Property Maintenance Obligations
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by Title Only, and Waive Further Reading of Ordinance No.

MC- 1672, An Ordinance of the Mayor and City Council of the City of San Bernardino, California, Adding Chapter 8.32 to Title 8 Of The San Bernardino Municipal Code to Establish Registration, Maintenance, Security, and Inspection Requirements for Vacant Or Abandoned Residential, Commercial, and Industrial Properties, and schedule the Ordinance for second reading and adoption at the October 7, 2026 regular meeting of the Mayor and City Council.

City Manager's Comments
The City Manager recommends consideration of the City Council to Introduce the first reading for the Ordinance.

Executive Summary
Vacant properties can create significant public health, safety, and blight concerns, particularly when unlawfully occupied. The proposed Ordinance establishes maintenance, registration, and inspection requirements for properties that remain vacant for more than 90 consecutive days. These requirements will help the City identify and monitor vacant properties, address unsafe conditions, and hold property owners accountable for maintaining their properties. The Ordinance will help reduce blight and protect the health, safety, and quality of City neighborhoods.

Background
Vacant properties can readily become attractive nuisances, creating significant risk to Packet Page. 980
public health, safety, and the City’s overall welfare. Over the years, the City has encountered several instances in which unhoused individuals have unlawfully entered and occupied a vacant property. While occupying the property, the unhoused individuals started fires, which led to partial or complete fire damage to the structures.

These circumstances demonstrate that vacant properties may pose significant risks to public health and safety and contribute to the spread of blight within the community.\ Discussion
To reduce blight and promote active property use, the recommended Ordinance would implement vacant property maintenance, registration, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. The requirements will apply only to property that meets the definition of “Vacant Property.” “Vacant Property” is “[r]eal property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose.” The definition will not extend to property that is temporarily unoccupied.

The property owner will remain solely responsible for maintaining and registering the vacant property in accordance with the ordinance. Maintenance requirements include, but are not limited to, maintaining landscapes, preventing criminal activity, or trespassing by unauthorized person, and turning off utilities that are not needed for the maintenance of the property. The property owner will also have to physically inspect the property and submit to the City a written report on a quarterly basis detailing their inspections and compliance with the vacant property requirements.

The ordinance also establishes mandatory registration requirements for all vacant properties that have remained vacant for more than ninety (90) consecutive calendar days. The registration requires, among other requirements, the name and contract information of the property owner, authorized agent, and or the individual responsible for the maintenance and security of the property. Where the City has cause to believe that a property is a “vacant property” that has remained vacant for more than ninety (90) consecutive calendar days, the ordinance allows the City to serve the property owner a written notice requesting that the property owner register their vacant property.

Requiring the registration enables the City to identify and monitor the vacant properties, enforce applicable maintenance requirements, and more promptly address conditions that may threaten public health and safety.

Where a property owner fails to register a vacant property, the City may pursue enforcement remedies and penalties authorized under the Municipal Code. Such enforcement remedies and penalties include imprisonment in county jail not to exceed six (6) months, a fine not to exceed $1,000, or both.

A vacant property registration is valid for twelve (12) months from the date of registration. If the property remains vacant property at the end of the twelve (12) month term, the registration must be renewed. A property shall remain on the City’s registry until it no longer satisfies the ordinance’s definition of vacant property.

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By implementing such requirements, the City would protect the health, safety, and appearance of its neighborhoods, reduce blight, and promote the use of vacant properties.

Strategic Goals and Priorities
Approval of the vacant or abandoned properties ordinance aligns with Goal No. 3:

Improved Quality of Life. (“c. Evaluate and enhance the quality of public safety services; d. Improve the City’s appearance, cleanliness and attractiveness”) The Mayor and City Council’s approval of the Ordinance would improve the appearance and overall attractiveness of the City by promoting the proper maintenance of vacant properties and preventing conditions that contribute to neighborhood blight.

Fiscal Impact
The property owner of the vacant property is responsible for paying any fees established by resolution of the Mayor and City Council for the administration and enforcement of Chapter 8.32.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, read by Title Only, and Waive Further Reading of Ordinance No.

Attachments
Attachment1 Ordinance No. MC-1672
Ward:

All Wards
Synopsis of Previous Council Actions:

NA
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Ordinance No. MC-1672
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ORDINANCE NO. MC-1672

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA,
ADDING CHAPTER 8.32 TO TITLE 8 OF THE SAN

BERNARDINO MUNICIPAL CODE TO ESTABLISH

REGISTRATION, MAINTENANCE, SECURITY, AND

INSPECTION REQUIREMENTS FOR VACANT OR

ABANDONED RESIDENTIAL, COMMERCIAL, AND

INDUSTRIAL PROPERTIES
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, Article XI, section 7 of the California Constitution grants cities the authority to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations; and
WHEREAS, the California Health and Safety Code sections 33031 and 17920.3 identifies physical and economic conditions that cause blight, including serious building deterioration and an abnormally high number of abandoned buildings. The California Building Standards Codes also contain standards for conditions of buildings and structures; and WHEREAS, vacant residential, commercial, and industrial properties can become attractive nuisances, and the City has seen several examples whereby unhoused individuals have broken in and occupied vacant properties, have started fires, and have led to those structures catching fire and creating partial or complete fire damage to the structures; and WHEREAS, it is the intent of the Mayor and City Council to protect the health, safety and appearance of the City’s neighborhoods by reducing blight and promoting active property use by implementation of a vacant property maintenance and registration requirement; and WHEREAS, vacant and abandoned properties may require increased monitoring, inspection, code enforcement, and other municipal services, and the Mayor and City Council desire to establish a program to recover the reasonable costs of administering such program.

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

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

SECTION 2. Code Amendment. Chapter 8.32 is hereby added to Title 8 (Health and Safety) of the City of San Bernardino Municipal Code, to read in its entirety as follows:

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“§8.32.010 PURPOSE.

The purpose of this Chapter is to promote the health, safety, and general welfare of the residents of the City of San Bernardino (“City”) by establishing registration, maintenance, security, and inspection requirements for vacant or abandoned residential, commercial, and industrial properties. This Chapter is intended to prevent and reduce blight, deterioration, and public nuisances, and to encourage the productive use and occupancy of such properties.
§8.32.020 APPLICABILITY.

This Chapter shall apply to all residential, commercial and industrial real property containing a building or structure that meets the definition of “Vacant Property” in this Chapter and is located within the City. A Vacant Property shall not be exempt from the maintenance or security requirements of this Chapter solely because it is offered for sale, lease, or rent. A Vacant Property that is actively and continuously marketed in good faith for sale, lease, or rent through commercially reasonable efforts may be exempt from the registration requirement [duration], provided that the Property Owner demonstrates such marketing to the satisfaction of the City and the property remains in full compliance with all applicable provisions of this Code.
§8.32.030 DEFINITIONS.

Words and phrases used in this Chapter shall have the meanings set forth below. Terms not defined in this Chapter shall have the meanings assigned elsewhere in this Code or, if not otherwise defined, their ordinary meanings.

DIRECTOR: The City of San Bernardino Director of Community Development and Housing.

PROPERTY OWNER or OWNER: Any person or legal entity holding legal or equitable title to a Vacant Property located within the boundaries of the City of San Bernardino. Where more than one person or entity qualifies as an Owner, the obligations imposed by this Chapter shall apply jointly and severally to each Owner.

VACANT PROPERTY: Real property containing a building or structure that is unoccupied and not being lawfully used for its intended purpose. A property shall not be considered vacant solely because it is temporarily unoccupied while active construction, rehabilitation, or repair is being performed pursuant to any required valid City permit, provided that the work is progressing diligently toward completion. §8.32.040 RESPONSIBILITY.

The Property Owner shall remain responsible for maintaining the property in compliance with this Chapter and all other applicable provisions of this Code, regardless of whether the Owner designates an authorized agent to perform any duty required by this Chapter.

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§8.32.050 REQUIRED MAINTENANCE OF THE PROPERTY.
(A) Every Vacant Property shall be maintained in compliance with Section 15.24.040 of this Code and all other applicable property-maintenance requirements. (B) Additional Maintenance Requirements For Vacant Properties. (1) Unimproved Vacant Lots. Persons owning or maintaining vacant lots that were never developed or became vacant after pre-existing buildings, structures, or impervious surfaces were removed, must provide a landscape and irrigation plan to the Director for approval within 30 days of the property becoming vacant.
(2) Exterior Maintenance. A vacant property owner shall actively maintain and monitor the exterior of any buildings and the grounds, including all lots, so that they remain in continuing compliance with all applicable codes, regulations, and do not contribute to blight. Active Maintenance and Monitoring shall include, but not be limited to:
(a) Landscaped area must be provided and maintained on all perimeters of a vacant property located adjacent to all streets, alleys, or other public rights of way.
(b) Maintenance of landscaping and vegetation must be in good condition at all times.
(c) The property must be equipped with an operable irrigation system for the ground cover, which must be installed and maintained in good condition at all times.
(d) Prevention of criminal activity on the premises and trespass by unauthorized person.
(e) Turning off utilities that are not necessary for the upkeep and maintenance of the property.
(3) Security Measures. Each vacant property must be secured against unauthorized entry. The methods of security shall be approved by the Director, who shall take into consideration whether the property has been cited for nuisance activity or criminal conduct by another depart of the City or another government agency. To enhance safety and prevent unauthorized entry, the following specific security measures are required:
(a) Installation of security cameras monitoring the exterior of the structure and surround property. Security cameras shall kept in good Packet Page. 985
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operating condition as all times preserving video footage for at least 30 days.
(b) Install a fire and burglar system that is maintained and in working order at all times.
(c) Install perimeter fencing behind all landscaping preventing entry onto the property. Fencing shall comply with all local rules. (4) Insurance. The property owner shall maintain fire and liability coverage as determined necessary by the Director. Any insurance policy must require advanced, written notice to the Director in the event of cancellation of insurance or a reduction in coverage.
(5) Additional Requirements for Commercial Buildings. In addition to the above requirements, any vacant commercial property must be maintained in accordance with the additional following requirements:
(a) If the property has a building(s) with a fire sprinkler system, those systems must be maintained in working order at all times; (b) If the property has building(s) with a centralized and registered fire and burglar alarm system, those systems must be maintained in working order at all times; and
(c) Buildings without a fire sprinkler system shall be provided with continuous physical monitoring by means of an on-site patrol. “Continuous physical monitoring” shall mean the use of a licensed security agency operating in the City of San Bernardino and providing regular surveillance of the vacant building or property, as part of the agency’s security route.
(6) Quarterly Inspection. The property owner, or their designee, shall physically inspect the property quarterly to ensure compliance with all provisions of this Chapter. The property owner, or their designee, shall transmit to the City a written report on a quarterly basis documenting the quarterly inspection was conducted and a certification of compliance with each of the requirements of this Chapter with specificity. The City may inspect any vacant property in compliance with all local, state, and federal laws.
(7) Additional Requirements For All Vacant Properties. All vacant property owners shall remove all furniture and personal property from any real property, interior of any building, structure, or portion thereof, that is vacant. They shall remove all curtains, blinds, and window coverings from all windows located on the ground level of any vacant building or structure to allow a clear view to the interior of the building or structure.

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(8) The Director, at their discretion, shall have the authority to require any vacant property owner to implement additional maintenance and security measures in order to effectuate the purposes of this Chapter. This may include, but is not limited to, installation of security lightings, increasing the frequency of on-site inspections, employment of an on-site security guard, or posting additional signage at the property.
(9) The Director may modify the requirements, at their discretion, and may modify or waive some or all of these requirements in the case of a property that has been damaged by fire, earthquake, a natural disaster, or other calamity.
§8.32.060 SECURITY.

All buildings and structures located on a Vacant Property shall be secured against unauthorized entry. Where boarding or other securing of openings is required, the building or structure shall be secured in accordance with Section 15.05.300 of this Code. A clearly visible “No Trespassing” sign shall be posted at all points of entry and spread consistently around the property, and be posted on each street or alley facing frontage of the Vacant Property in a location visible from the adjoining public right-of-way in compliance with Chapter 9.52.
§8.32.070 REGISTRATION OF THE VACANT PROPERTY.
(A) If a property remains a Vacant Property for more than ninety (90) consecutive calendar days, the Property Owner, or its authorized agent, shall register the Vacant Property with the City within thirty (30) calendar days after the expiration of the ninety (90) day period by submitting a completed vacant property registration form provided by the City. The registration shall be valid for twelve (12) months from the date of registration. If the Vacant Property remains a Vacant Property upon expiration of the registration, the Property Owner shall renew the registration on or before the expiration date.
(B) The vacant property registration form shall require the following information:
(1) The name, mailing address, telephone number, and email address of the Property Owner.
(2) The name, mailing address, telephone number, and email address of any authorized agent.
(3) The name, telephone number, and email address of the person responsible for the maintenance and security of the property.
(4) The street address and assessor’s parcel number of the Vacant Property. (5) The date on which the property became a Vacant Property, to the best of the Property Owner’s knowledge.

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(6) Any other information reasonably necessary for the City to administer this Chapter, as required by the vacant property registration form. (7) Verification, under penalty of perjury, that the contents of the application are true, correct, and complete to the best of their knowledge and that the applicant acknowledges they shall comply with all of the requirements under this Chapter.
(C) Within thirty (30) calendar days after a change in ownership of a Vacant Property, the new Property Owner, or its authorized agent, shall submit a new vacant property registration form to the City if the property remains a Vacant Property. The Property Owner shall notify the City within thirty (30) calendar days after any change to the information required by subsection (B) above. §8.32.080 NOTIFICATION TO REGISTER THE PROPERTY.
(A) Where the City has cause to believe, based on an inspection, complaint, or report from another City department or other government agency, that a property is a Vacant Property that has remained a Vacant Property for more than ninety (90) consecutive calendar days, the City shall serve the Property Owner, or its authorized agent, with a written notice requiring the Property Owner to register the Vacant Property with the City within thirty (30) calendar days. The notice shall identify the Vacant Property, state the basis for the City’s determination that registration is required, state the deadline to register, and provide notice of any applicable appeal rights.
(B) Failure to register the Vacant Property within the time required by this Chapter constitutes a violation of this Chapter and may be enforced pursuant to Section

8.32.120.
§8.32.100 INSPECTIONS.

The City may inspect the Vacant Property on an annual basis to determine compliance with this Chapter and other applicable provisions of the City Municipal Code in compliance with local, state, and federal law. The City may conduct additional inspections when necessary to determine or verify compliance with this Chapter or to protect the health, safety, or general welfare of the public. The City may recover from the Property Owner the reasonable cost of inspections and reinspections authorized by this Chapter. Any inspection or reinspection fee shall be established by Resolution of the Mayor and City Council, as amended from time to time.
§8.32.110 REMOVAL OF PROPERTY FROM REGISTRY.

A Vacant Property shall be removed from the City’s registry when the City determines that the property no longer meets the definition of a Vacant Property under this Chapter. If a certificate of occupancy or other City approval is required before lawful occupancy of the property, the Property Owner shall obtain the required certificate or approval before removal from the registry. Removal from the registry shall not waive or extinguish any Packet Page. 988
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outstanding violation, fee, cost, penalty, or other obligation incurred while the property was registered or required to be registered.
§8.32.120 ENFORCEMENT.

Any person who violates any provision of this Chapter is guilty of a misdemeanor, which, upon conviction, is punishable in accordance with Section 1.12.010 of the City’s Municipal Code. It is unlawful and declared a public nuisance to violate any provision of this Chapter.

The City may also enforce violations of this Chapter by administrative citation, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law.
§8.32.130 FEES.

The Property Owner shall be responsible for any fees established by the Mayor and City Council by resolution for the administration and enforcement of this Chapter, including, but not limited to, registration, renewal, inspection, and reinspection fees. The Property Owner shall also be responsible for any abatement costs or other costs lawfully incurred by the City in enforcing this Chapter. Any unpaid fees or costs may be collected by any means authorized by law.
§8.32.140 APPEAL RIGHTS.
(A) The Property Owner, or its authorized agent, may file with the City Clerk a written appeal to put the appeal before a hearing officer no later than 15 days following the date of the mailing of any notice of action by the City. (B) All appeals conducted pursuant to this Chapter shall be governed by the procedures set forth in Chapter 9.94 of the City’s Municipal Code. §8.32.150 SEVERABILITY.

If any section, subsection, sentence, clause, phrase or portion of this Chapter is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Chapter. The City Council hereby declares that it would have adopted this Chapter and each section, subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases, or portions be declared invalid or unconstitutional.” SECTION 3. Certification. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

SECTION 4. CEQA. The Mayor and City Council find that this Ordinance is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general Packet Page. 989
Ordinance No. MC-1672
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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 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining provisions 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 sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases are declared unconstitutional or otherwise invalid.

SECTION 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

APPROVED and ADOPTED by the City Council and signed by the Mayor and attested by the City Clerk this ___ day of __________ 2026.

Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert J. Maldonado, 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-1672, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September, 2026. Ordinance No. MC-1672 was approve passed and adopted at a regular meeting held the XX day of , 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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12.98 of the City’s Municipal Code Related to Camping on Public Streets and Parks
Recommendation:

It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, Read by Title Only, and Waive Further Reading of Ordinance No. 1673 of the Mayor and City Council of San Bernardino, California, amending Chapter

12.98 of Title 12 of the City Municipal Code related to camping on public streets and parks, and obstruction of public right of ways, and scheduling the second reading and adoption for the October 7, 2026 regular meeting of the Mayor and City Council.

City Manager's Comments
The City Manager recommends approval of first reading of the Ordinance.

Executive Summary
Following the U.S. Supreme Court’s City of Grants Pass v. Johnson decision and Governor Newsom’s Executive Order N-1-24, the City may strengthen its regulations regarding camping on public property. Despite the City’s ongoing efforts to address homelessness, encampments continue to impact public health, safety, and access to public spaces. The proposed amendments clarify camping regulations and procedures for the removal and repossession of personal property to help maintain safe, clean, and accessible public areas.

Background
On July 25, 2024, Governor Gavin issued Executive Order N-1-24, following the Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson, et al., 144 S.

Ct.2202 (2024), which encouraged local governments to adopt policies and use all available resources and infrastructure, including resources provided by the State’s historic investments in housing and intervention programs, to take urgent action to humanely remove encampments from public spaces.

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Prior to the aforementioned case and order, municipalities were required to demonstrate possession of adequate shelter beds available for individuals before enforcing camping prohibitions on public property, or risk facing eighth amendment “cruel and unusual” punishment charges. However, the ruling in Grants Pass clarified that creation and enforcement of anti-camping ordinances, did not constitute an eight amendment violation, and therefore expanded cities’ ability to regulate unauthorized camping.

Discussion
The City has previously adopted ordinances to address, regulate, and enforce camping and unauthorized personal storage violations in various public spaces, including public parking lots and along public streets. However, the number of individuals experiencing homelessness and residing in encampments on public property within the City has increased significantly over the years.

The City has taken numerous steps towards addressing the homelessness issue within the area, including applying for various public housing grants, partnering with local agencies and nonprofits to provide shelter to those in need, and developing City-owned shelters to target vulnerable populations. Even with these efforts, many of the encampments still remain and pose significant risks to public health and safety, including increased fire hazards, accumulation of waste, obstruction of public access and public health risks.

Given the recent legislative updates and the City’s continued commitment to addressing homelessness through a multifaceted approach, staff believes amending the current code to clarify camping abilities and detail the removal and repossession of personal storage will help keep the City’s public areas clean, safe, and available for public use by all residents, visitors, families, and children alike.

Strategic Goals and Priorities
Approval of Ordinance No. 1673 aligns with Goal No. 2b “developing and implementing a community engagement plan,” and Goal No. 3a, “reducing the burden of homelessness through engagement, collaboration, and alignment with other entities.” The Mayor and City Council’s approval of the City’s ordinance provides the public with a focused and aligned plan to engage with the community, while also working to improve the quality of life for residents.

Fiscal Impact
No fiscal impact to the City.

OR
The fiscal impact to the City would amount to minor increases in staff costs for Packet Page. 993
enforcement of the ordinance, including patrol, administrative, and storage fees.

Conclusion
It is recommended that the Mayor and City Council of the City of San Bernardino, California, introduce, Read by Title Only, and Waive Further Reading of Ordinance No. 1673 of the Mayor and City Council of San Bernardino, California, amending Chapter

Attachments
Attachment 1 Ordinance No. MC- 1673
Ward:

All Wards
Synopsis of Previous Council Actions:

N/A
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Ordinance No. MC-1673
1 ORDINANCE NO. MC-1673

AN ORDINANCE OF THE MAYOR AND CITY COUNCIL

OF THE CITY OF SAN BERNARDINO, CALIFORNIA
AMENDING CHAPTER 12.98 OF TITLE 12 OF THE CITY

MUNICIPAL CODE RELATED TO CAMPING ON PUBLIC

STREETS AND PARKS AND OBSTRUCTION OF PUBLIC

RIGHTS OF WAY
WHEREAS, Section 300 of the City Charter of the City of San Bernardino (“City”) vests the City Council and Mayor with the authority to make and enforce all laws, rules and regulations with respect to municipal affairs subject only to the restrictions and limitations contained in the City Charter and the State Constitution, and the power to exercise, or act pursuant to any and all rights, powers, and privileges or procedures granted or prescribed by any law of the State of California; and
WHEREAS, on July 25, 2024, Governor Gavin Newsom issued Executive Order N-1-24, following the United States Supreme Court’s decision in City of Grants Pass, Oregon v. Johnson (2024) 603 U.S. 520, which encourages local governments to adopt policies and use all available resources and infrastructure, including resources provided by the State’s historic investments in housing and intervention programs, to take urgent action to humanely remove encampments from public spaces, prioritizing those encampments that most threaten the life, health, and safety of those in and around them; and
WHEREAS, City of San Bernardino has adopted ordinances to address, regulate and enforce violations of both camping and storage of personal property in parks, streets and public parking lots or public spaces, improved or unimproved; and WHEREAS, Chapter 12.98 (Camping on Public Streets and Parks) to Title 12 (Streets, Sidewalks, and Public Places) (“Chapter 12.98”) of the City’s Municipal Code (“Code”) outlines the requirements to maintain public streets and areas within the City in a clean and accessible condition; and
WHEREAS, the number of individuals experiencing homelessness and residing in encampments on public property within the City has increased significantly, and these encampments pose significant risks to public health and safety, including increased fire hazards, accumulation of waste, obstruction of public access and public health risks; and WHEREAS, residents of homeless encampments face considerable health and safety risks including exposure to the elements, worsening of chronic health conditions, increased vulnerability to crime and theft and more prolonged periods of homelessness; and WHEREAS, the City is committed to addressing homelessness through a comprehensive approach that includes providing adequate shelter and supportive services while also ensuring the safety, health and general welfare of all of its residents, visitors and businesses; and Packet Page. 995
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2 WHEREAS, as part of that commitment, it has been and continues to be the obligation of the City to keep the public areas clean and available for public use and to ensure access by the public to all property, both public and private, by the disabled, elderly, families, children, and visitors to the City of San Bernardino; and
WHEREAS, for all of the foregoing reasons, the City Council desires to amend Chapter

12.98 to provide additional protections for the public health, safety and general welfare and additional enforcement mechanisms for those purposes.

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

Section 1. Recitals. The above recitals are true and correct, and are incorporated herein by this reference.

Section 2. Amendment. Chapter 12.98 is hereby repealed in its entirety and replaced with the language in Attachment “A,” which is attached hereto and incorporated herein by this reference.

Section 3. Certification. The City Clerk of the City of San Bernardino shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under Section 36933 of the Government Code of the State of California.

Section 4. CEQA. The City Council finds and determines, in accordance with the California Environmental Quality Act (CEQA) and the CEQA Guidelines, that the introduction and adoption of this ordinance is not subject to CEQA pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment.

Section 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof.

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

Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.

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

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3 Helen Tran, Mayor
City of San Bernardino
Attest:

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

Albert J. Maldonado, City Attorney
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4 CERTIFICATION

STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss

CITY OF SAN BERNARDINO )
I, Telicia Lopez, CMC, City Clerk, hereby certify that the attached is a true copy of Ordinance No. MC-1673, introduced by the City Council of the City of San Bernardino, California, at a regular meeting held the 16th day of September 2026. Ordinance No. MC-1673 was approve passed and adopted at a regular meeting held the ___ day of 2026 by the following vote:

Telicia Lopez, CMC, City Clerk
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5 ATTACHMENT A
Chapter 12.98 Municipal Code Updates
CHAPTER 12.98: CAMPING ON PUBLIC STREETS AND PARKS
Sections:

12.98.010 Purpose

12.98.020 Definitions

12.98.030 Unlawful camping

12.98.040 Storage of personal property in public places

12.98.050 Obstruction of public access to sidewalks, trails, public facilities, and other public rights of way, and other public offenses

12.98.060 Abatement of encampments and camp facilities and materials

12.98.070 Enforcement
§ 12.98.010 PURPOSE.

The public streets and areas within the city should be readily accessible and available to residents and the public at large. The use of these areas for camping purposes or storage of personal property interferes with the rights of others to use the areas for the purposes for which they were intended. The purpose of this chapter is to maintain public streets and areas within the city in a clean and accessible condition.
§ 12.98.020 DEFINITIONS.

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

CAMP. To place, pitch, establish or occupy any temporary structure or materials including but not limited to the laying down of bedding or erecting a tent for the purpose of temporarily, irregularly, or permanently sleeping, staying, living, or residing. An activity shall constitute camping or lodging when it reasonably appears, in light of all circumstances, that the individual(s), in conducting these activities, are in fact using the area as living accommodations, including to dwell or reside, regardless of the intent of the individual(s) or the nature of any other activity in which they may be engaging.

CAMP FACILITIES OR MATERIALS. Includes but is not limited to, tents, huts, tarpaulins, cardboard boxes, blankets, bedrolls, mattresses, cots, sleeping bags, hammocks, lawn and folding chairs, cooking equipment, fire starters, materials used for fire fuel, ice chest, and similar items, or vehicles, including Recreational Vehicles (RV), operable or otherwise.

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6 ENCAMPMENT. Places where a group of individuals reside that is not intended for long-term, continuous occupancy.

ENFORCEMENT OFFICER. Any code enforcement officer or other city employee or agent of the city with the authority to enforce any provision of the municipal code.

PARK. Means the same as defined in § 12.80.020, as amended from time to time, which currently means all grounds, roadways, avenues, park facilities, municipal parks and playground areas, or portions thereof, under the supervision of the Parks and Recreation Department.

PERSONAL PROPERTY. Tangible personal belongings or possessions, which shall include any movable or tangible thing that is subject to ownership; property or chattels that can be seen, weighed, measured, felt, or touched, including, but not limited to, furniture, appliances, items used for camping such as tents or bedding, money, books, and shopping carts.

PUBLIC PROPERTY. Includes but is not limited to, public buildings, streets, right-of-way, sidewalks, bus benches, trails, alleys, medians, greenways, parks, waterways, canal banks, curbs, crossings, intersections, parkways, highways, boulevards, tunnels, bridges, thoroughfare or any other similar public way, a utility easement in which the City has an interest, and other public amenities.

STORE OR STORING. To put aside or accumulate for use when needed, to put aside for safekeeping, to place or leave in a location.

STREET. A way or place of whatever nature, publicly maintained and open to the use of the public for purposes of vehicular and/or pedestrian travel. STREET includes highways. § 12.98.030 UNLAWFUL CAMPING.
(A) It shall be unlawful and a violation of this code for any person to camp, occupy camp facilities or use camping materials on or directly adjacent to public property not specifically designated for day and/or overnight campgrounds. (B) It shall be unlawful and a violation of this code for any person to obstruct public or private access by sitting, lying, or sleeping on public property or by storing, using, or maintaining, or placing personal property on public property:
(1) In a manner that obstructs or impedes passage, as provided by the American with Disabilities Act;
(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock;
(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department;
(4) Within twenty (20) feet of the entrance to a public restroom, public park, public trail or public path;
(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;
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7 (6) Within ten (10) feet of an automatic teller machine or any door that provides access to the automatic teller machine;
(7) Within ten (10) feet of an electric vehicle charging station, parking pay station or parking meter;
(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect;
(9) In a manner that unreasonably interferes with the use of the public right-of-way by motor vehicles, pedestrians or bicycles; or
(10) Within five hundred (500) feet of a college, school, day care center, or cancer treatment center.
(C) This section shall not apply to public property specifically designated for camping or where camping has been authorized by a responsible local, state, or federal agency.

Persons desiring to camp on City or County owned, controlled, or maintained public property designated for camping must comply with applicable laws, regulations, and permitting requirements of the responsible local, state or federal agency. Persons desiring to camp on public property owned, controlled, or maintained by a department of the United States, the California Department of Parks and Recreation, or other local public agencies must comply with the applicable laws, regulations and permitting requirements of the applicable government agency.
(D) Nothing in this ordinance shall prohibit the possession or transportation of camping facilities or materials on public property, unless otherwise in violation of this ordinance.
(E) In the situation where an unpermitted camp is erected and no exigent circumstances exist to public safety, notification to vacate shall be provided at least 72 hours prior to enforcement action.
(F) Notwithstanding subsection (E), if a camp or an encampment poses an imminent threat to life, health, safety or infrastructure, advanced notice to vacate shall be provided only as reasonably necessary under the circumstances.
(G) Nothing in this Chapter shall be read to permit camping on private property without explicit authorization from said property owner.
§ 12.98.040 STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES.

It shall be unlawful for any person to store personal property, including camp facilities and camp materials, on any public property except as otherwise provided herein this Code. § 12.98.050 OBSTRUCTION OF PUBLIC ACCESS TO SIDEWALKS, TRAILS, PUBLIC

FACILITIES, AND OTHER PUBLIC RIGHTS OF WAY, AND OTHER PUBLIC OFFENSES.
(A) No individual, firm, corporation or association shall obstruct a street, sidewalk, alleyway, trail, highway, entrance to public facilities, driveway, or other public rightPacket Page. 1001 Ordinance No. MC-1673
8 of-way by sitting, lying or sleeping, maintaining, abandoning, affixing, attaching, using, or storing personal property in, or upon any street, sidewalk, alleyway, trail, highway, alley intersect, or within any part of the public right-of-way, including all of the following:
(1) Or in a manner that obstructs or impedes passage, as provided by the American with Disabilities Act;
(2) On or within twenty (20) feet of any operational or utilizable driveway, ramp, or loading dock;
(3) On or within twenty (20) feet of any fire hydrant, fire plug or other connection used by the Fire Department;
(4) Within twenty (20) feet of the entrance to a public restroom, public park, public trail or public path;
(5) Within fifty (50) feet of an operational and utilizable entrance or exit to any building, establishment, retail store, restaurant, office building or other place into which the public is invited;
(6) Within ten (10) feet of an automatic teller machine or any door that provides access to the automatic teller machine;
(7) Within ten (10) feet of an electric vehicle charging station, parking pay station or parking meter;
(8) Within ten (10) feet of a sidewalk ramp, or the corner where any street, roadway, highway, or alley intersect;
(9) In a manner that unreasonably interferes with the use of the public right-of-way by motor vehicles, pedestrians or bicycles; or
(10) Within five hundred (500) feet of a college, school, day care center, or cancer treatment center.
(B) Except as excluded under paragraph (C) of this section, any object, material, or substance which hinders or prevents the free passage of the public on that part of sidewalks, trails, public facilities, or other public rights-of-way, where it is located shall constitute an obstruction for purposes of this section. (C) The following shall not constitute an obstruction for purposes of this section:
(1) Legally parked vehicles;
(2) Trash and refuse placed for collection by the municipal collection service; (3) Objects placed for a period not exceeding one (1) hour for purposes of loading or unloading, provided such activity is not part of a regular course of conduct; (4) Temporary drainage of water, provided that public passage and access to abutting property remains open and no hazard to health or safety is created; (5) Minor encroachment of buildings and such appurtenances to buildings as are not readily capable of removal;
(6) Any legally located bus passenger bench or shelter or material located in accordance with any municipal permit or authorization or with any requirement or regulation of any state or Federal agency or with any requirement of law.

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9 (D) No individual, firm, corporation or association shall tamper with, injure, deface or commit acts of vandalism upon any bench or bus shelter lawfully upon a public way, pursuant to the provisions of this Chapter.
(E) Immediate Removal: Personal Property in violation of this Section shall be subject to immediate removal by Enforcement Officers.
(F) Nothing in this section shall be construed to in any way limit any other rights or remedies to which the City may be entitled to abate any obstruction or encroachment in the public right-of-way.
§ 12.98.060 ABATEMENT OF ENCAMPMENTS AND CAMP FACILITIES AND MATERIALS.
(A) Notwithstanding Section 12.98.050(E), the City may abate or remove camp facilities and materials, personal property (subject to Section 12.98.060(D)), or an encampment established in violation of this chapter after providing written notice of such abatement.

Any camp facilities and materials, or encampments established in violation of this chapter may be subject to abatement without advanced written notice by the City, if the encampment poses an imminent and substantial threat to public health or safety, as determined by the Enforcement Officer.
(B) Except in circumstances governed by Section 12.98.050 or where there is an immediate threat to public health or safety, prior to abatement the City will, to the extent possible, provide homeless outreach services to affected individuals in an effort to connect unhoused residents to services. This subsection is directory, not mandatory, and the failure to provide homeless outreach services specified in this subsection does not affect the validity of an abatement action.
(C) Abatement pursuant to this section may include, but is not limited to, removal of camp facilities and materials, personal property, trash, debris, junk, hazardous waste, infectious waste, and vehicles.
(D) Personal Property taken that does not constitute a health or safety hazard, shall be collected, inventoried, and stored for at least 90 days. Personal Property that constitutes a health or safety hazard may be immediately discarded. Examples of Personal Property that constitutes a health or safety hazard and may be immediately discarded includes, but is not limited to, the following:
(1) Sharp objects, such as needles, scissors, knives, that can pierce skin and potentially contribute to the spread of disease.
(2) Chemicals: bleach, paint, oils, etc. Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids. (3) Moldy, mildewed items.
(4) Items that may be infested by rodents and insects, including rats, mice, fleas, lice, and bed bugs.

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10 (5) Items that pose a risk of fire or explosion, combustibles and propane tanks; any item containing fuel or corrosives or other unidentified liquids. (6) Perishable items such as food.
(7) Controlled substances and contraband.
(8) Backpacks and closed containers that have been determined by an individual who is licensed to identify and handle hazardous materials to contain one or more of the items listed above. Such backpacks and closed containers may be discarded where no individual who is licensed in hazardous materials is present to make a determination.
(9) Items (including bedding and clothing) soiled by infectious materials, including human waste and bodily fluids.
(10) If personal belongings are co-mingled or littered with needles, human waste, or other health risks, the entire pile of belongings may be disposed of. The presence of clothing in a backpack or container shall not be the sole reason to discard the backpack or container.
§ 12.98.070 ENFORCEMENT.
(A) Any person who violates any provision of this Chapter is guilty of a misdemeanor, which, upon conviction, is punishable in accordance with Section 1.12.010 of the City’s Municipal Code. It is unlawful and declared a public nuisance to violate any provision of this Chapter. The City may also enforce violations of this Chapter by administrative citation, administrative civil penalties, nuisance abatement, civil action, or any other remedy authorized by law. The remedies, procedures, and penalties contained herein are cumulative to each other and to any other remedies, procedures, and penalties available under City, State, or Federal Law.
(B) Nothing in this Section shall be interpreted as limiting an Enforcement Officer from impounding a vehicle used in violation of this Chapter if permitted by Vehicle Code Section 22651.

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Mayor and City CouncilSeptember 16, 2026

Mayor and City Council
September 16, 2026